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CITY COUNCIL AGENDA ITEM NO. 03



Meeting Date: August 27, 2002

Subject/Title: Approve a Purchase Agreement with John Pierre Mendoza for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127 (Lone Tree Way Widening). 

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 John Pierre Mendoza, an unmarried man, for real property identified as APN 019-010-011, generally located on the north side of Lone Tree Way and west of the current Fairview Avenue intersection, 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 2001/06 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, 2002, the City Council by Resolution No. 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.

On May 7, 2002, by Resolution No. 02-18, the Planning Commission confirmed that the proposed 2002/03 – 2006/07 Capital Improvement Program (CIP) is consistent with the adopted General Plan of the City of Brentwood as required by Section 6540l of the Government Code.

On May 28, 2002, by Resolution No. 2549, the City Council adopted the City’s 2002/03 – 2006/07 Capital Improvement Program that included the Northwest Quadrant Infrastructure, CIP Project No. 336-3127. 

On July 9, 2002, by Resolution No. 2610, the City Council approved executing contract amendments for Professional Design and Service Agreements for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127, which included Fairview Realignment.

On July 9, 2002, by Resolution No. 2613, the City Council certified and adopted the Mitigated Negative Declaration for the Lone Tree Way Widening Project, a portion of the Northwest Quadrant Infrastructure, CIP Project No. 336-3127.

On July 23, 2002, the City Council directed the City Manager to negotiate a contract to purchase the Mendoza and Moita properties. 

BACKGROUND
The purchase of the Mendoza property is necessary for the widening of Lone Tree Way in order 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.

The purchase of the entire Mendoza property is pursuant to the July 23, 2002, City Council meeting. It was determined that the best development potential for this area was to assemble the Mendoza, Moita and City owned properties into a single two-acre parcel.

FISCAL IMPACT
The Northwest Quadrant Infrastructure Project is funding acquisition of this property. Construction of the Northwest Quadrant Infrastructure is being funded through prepayment of Roadway, Sewer and Water Fees through CIFP2002-1.

The Business Plan is to sell the assembled property to an en-user. Staff estimates that the City will recoup the direct cost of the purchase and perhaps recoup the cost of the necessary right of way acquisitions.


Attachments:
Resolution
Site Map
Agreement

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AGREEMENT FOR PURCHASE OF A FEE PARCEL WITH JOHN PIERRE MENDOZA, AN UNMARRIED MAN, FOR REAL PROPERTY IDENTIFIED AS APN 019-010-011, GENERALLY LOCATED ON THE NORTH SIDE OF LONE TREE WAY AND WEST OF THE CURRENT FAIRVIEW AVENUE INTERSECTION, 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 2001/06 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 with 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, 2002, the City Council by Resolution No. 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, on May 7, 2002, by Resolution No. 02-18, the Planning Commission confirmed that the proposed 2002/03 – 2006/07 Capital Improvement Program (CIP) is consistent with the adopted General Plan of the City of Brentwood as required by Section 65401 of the Government Code; and

WHEREAS, on May 28, 2002, by Resolution No. 2549, the City Council adopted the City’s 2002/03 – 2006/07 Capital Improvement Program that included the Northwest Quadrant Infrastructure, CIP Project No. 336-3127; and

WHEREAS, on July 9, 2002, by Resolution No. 2610, the City Council approved executing contract amendments for Professional Design and Service Agreements for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127, which included Fairview Realignment; and

WHEREAS, on July 9, 2002, by Resolution No. 2613, the City Council certified and adopted the Mitigated Negative Declaration for the Lone Tree Way Widening Project, a portion of the Northwest Quadrant Infrastructure, CIP Project No. 336-3127; and

WHEREAS, on July 23, 2002, the City Council directed the City Manager to negotiate a contract to purchase the Mendoza and Moita properties; and

WHEREAS, real property identified as APN 019-010-011, generally located on the north side of Lone Tree Way and west of the current Fairview Avenue intersection in the City of Brentwood, 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 owner 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 27th day of August 2002 by the following vote:

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