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CITY COUNCIL AGENDA ITEM NO. 08

Meeting Date: April 9, 2002

Subject/Title: Approve the Purchase Agreement with Ralph D. Giannini and Mary Ann Giannini, for the Northwest Quadrant Infrastructure, Project (Lone Tree Way Widening), CIP 336-3127. 

Submitted by: Engineering: B. Grewal/M. Kirby

Approved by: John Stevenson, City Manager


RECOMMENDATION
Approve a Resolution approving an agreement for purchase of a fee parcel with Ralph D. Giannini and Mary Ann Giannini, his wife, as joint tenants, for a portion of real property identified as APN 019-010-007, generally located on the east side of Empire Avenue and the north side of Lone Tree Way, hereby accepting real property on behalf of the City, and authorizing the Mayor or City Manager and City Clerk or any of their designees to execute the agreement, and such other documents as may be needed to complete the transaction including acceptance of the Deed.

PREVIOUS ACTION
On November 10, 1998, the City Council approved Resolution No. 98-196 that annexed the northwest area into the City of Brentwood.

On November 28, 2000, the City Council approved Resolution No. 2203 to take various actions. The actions included adding the Northwest Quadrant Infrastructure to the 2000/05 Capital Improvement Program, directing the City Engineer to initiate right of way acquisitions in order to widen Lone Tree Way, directing the City Engineer to initiate discussions with the development community to develop a Capital Improvement Financing Program (CIFP 2001-1) to assist in financing the required engineering and infrastructure to support the anticipated commercial development in this quadrant of the City, directing the City Engineer to hire a consultant to assist the City in developing environmental mitigation measures for this and other City infrastructure and, if possible, develop a mitigation bank to keep environmental mitigation expenditures within the City limits of Brentwood or immediately adjacent, to the maximum extent possible.

On February 27, 2001, the City Council approved Resolution No. 2246 approving the form and content of the Northwest Quadrant Infrastructure Design Engineering Fee Reimbursement Agreement and related actions.

On May 22, 2001, the City Council by Resolution No. 2299 certified and approved the Negative Declaration and adopted the 2001/2006 Capital Improvement Program (CIP) for the City of Brentwood including street, park, sewer, water and other municipal improvements to be constructed during the next five years.

On May 22, 2001, the City Council authorized the City Engineer to execute a Consultant Services Agreement with Cordoba Consulting, Inc. for project management services not to exceed $115,000 for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127.

On February 12, 2001, the City Council by Resolution 2464 authorized the City Manager to execute a Design, Engineering, Estimating and Project Management Contract with Pacific Gas and Electric for the under grounding of the existing 21 kV Overhead Distribution Power Line along Lone Tree Way from Jeffrey Way to Fairview Avenue.

BACKGROUND
The purchase of the Giannini property is necessary for the intersection improvements at Empire Avenue and Lone Tree Way, which includes the widening of Lone Tree Way and the future widening of Empire Avenue, to support commercial and residential development of the area. The roadway system is currently over capacity and utility facilities are virtually non-existent. Major upgrades of all systems are required to support existing as well as proposed uses in the area.

FISCAL IMPACT
The Northwest Quadrant Infrastructure Project is funding acquisition of this property. The Northwest Quadrant Infrastructure Project will increase annual maintenance costs by approximately $40,000 per year.

Attachments:
Resolution
Site Map
Agreement

RESOLUTION NO.


APPROVING AN AGREEMENT FOR PURCHASE OF A FEE PARCEL WITH RALPH D. GIANNINI AND MARY ANN GIANNINI, HIS WIFE, AS JOINT TENANTS, FOR A PORTION OF REAL PROPERTY IDENTIFIED AS APN 019-010-007, GENERALLY LOCATED ON THE EAST SIDE OF EMPIRE AVENUE AND THE NORTH SIDE OF LONE TREE WAY, HEREBY ACCEPTING REAL PROPERTY ON BEHALF OF THE CITY, AND AUTHORIZING THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE THE AGREEMENT, AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION INCLUDING ACCEPTANCE OF THE DEED.

WHEREAS, on November 10, 1998, the City Council approved Resolution No. 98-196 that annexed the northwest area into the City of Brentwood; and

WHEREAS, on November 28, 2000, the City Council approved Resolution No. 2203 to take various actions. The actions included adding the Northwest Quadrant Infrastructure to the 2000/05 Capital Improvement Program, directing the City Engineer to initiate right of way acquisitions in order to widen Lone Tree Way, directing the City Engineer to initiate discussions with the development community to develop a Capital Improvement Financing Program (CIFP 2001-1) to assist in financing the required engineering and infrastructure to support the anticipated commercial development in this quadrant of the City, directing the City Engineer to hire a consultant to assist the City in developing environmental mitigation measures for this and other City infrastructure and, if possible, develop a mitigation bank to keep environmental mitigation expenditures within the City limits of Brentwood or immediately adjacent, to the maximum extent possible; and

WHEREAS, on February 27, 2001, the City Council approved Resolution No. 2246 approving the form and content of the Northwest Quadrant Infrastructure Design Engineering Fee Reimbursement Agreement and related actions; and

WHEREAS, on May 22, 2001, the City Council by Resolution No. 2299 certified and approved the Negative Declaration and adopted the 2001/2006 Capital Improvement Program (CIP) for the City of Brentwood including street, park, sewer, water and other municipal improvements to be constructed during the next five years; and

WHEREAS, on May 22, 2001, the City Council authorized the City Engineer to execute a Consultant Services Agreement of Cordoba Consulting, Inc. for project management services not to exceed $115,000 for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127; and

WHEREAS, on February 12, 2001, the City Council by Resolution 2464 authorized the City Manager to execute a Design, Engineering, Estimating and Project Management Contract with Pacific Gas and Electric for the under grounding of the existing 21 kV Overhead Distribution Power Line along Lone Tree Way from Jeffrey Way to Fairview Avenue; and

WHEREAS, a portion of real property identified as APN 019-010-007, generally located on the east side of Empire Avenue and the north side of Lone Tree Way in the City of Brentwood, that is owned by Ralph D. Giannini and Mary Ann Giannini, his wife, as joint tenants, is needed for the widening of Lone Tree Way for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127; and

WHEREAS, a Purchase Agreement between the City of Brentwood and the vested property owners has been developed and is necessary to transfer property.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood, that the Purchase Agreement is hereby approved.

BE IT FURTHER RESOLVED that the Mayor or City Manager and City Clerk or any of their designees are authorized to execute the agreement and any related escrow documents including acceptance of the Grant Deed.

BE IT FURTHER RESOLVED that the City of Brentwood hereby accepts the Grant Deed.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 9th day of April 2002 by the following vote: