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 CITY COUNCIL AGENDA ITEM NO. 07



Meeting Date: September 10, 2002

Subject/Title: Approve a Purchase and Sale Agreement with George A. Baldocchi, Armando D. Dianda, Dorine Dianda and Julia M. Dianda for the New Police Station, CIP Project No. 336-3110

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

Approved by: John Stevenson, City Manager


RECOMMENDATION
Approve a Resolution approving the following actions: (1) approve an agreement for purchase of a fee parcel (property exchange) with Armando D. Dianda and George A. Baldocchi, also known as George Anthony Baldocchi, Dornie A. Mazzei and Linda D. Sutton, as Trustees under the terms of the will of Julia M. Dianda, also known as Julia Dianda, deceased, as established by Judgment of Final Distribution filed December 10, 1992 in Case No. P90-01086, Probate, Contra Costa County Superior Court, an undivided one-third (1/3) interest; George A. Baldocchi, Trustee of the George A Baldocchi Trust U/A/D 1/29/93, an undivided one-third interest; and Armando D. Dianda, Trustee of the Armando D. Dianda Trust U/A/D 12/23/97, an undivided 1/3 interest, for a portion of real property identified as APN 017-170-004, generally located at the intersection of Walnut Boulevard and Central Boulevard, 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; (2) authorize the Mayor or City Manager and City Clerk or any of their designees to execute a Grant Deed, and such other documents as may be needed to complete the transaction to convey a portion of City owned property acquired for Central Boulevard by Document #94-014223 (property exchange) from the City of Brentwood to the vested property owners referred to in Action (1) above and described in said purchase agreement. 

PREVIOUS ACTION
On December 14, 1999, by Resolution No. 99-256, the City Council approved the purchase of the new police station site on Walnut Boulevard, for the New Police Station, CIP Project No. 336-3110. 

On August 22, 2000, the City Council authorized the City Manager to begin the process to secure an architect to develop a space needs analysis, conceptual drawings and cost plans for a new policy facility. 

On January 23, 2001, the City Council authorized the City Attorney to prepare an agreement with EKONA Architecture and Planning for design services of a new police facility, for the City Manager’s signature.

On November 7, 2001, the voters passed a Bond Measure (Measure “J”) directing the City of Brentwood to issue a General Obligation Bond in the amount of $6,000,000 for the purpose of constructing a new Police Department facility.
On January 22, 2002, by Resolution No. 2449, the City Council authorized the City Manager to award a Professional Service Contract to RGM and Associates for construction management services and to BKF Engineers Surveyors, planners for civil design services for the New Police Station, CIP Project No. 336-3110.

On May 21, 2002, by Resolution No. 02-24, the Planning Commission approved Design Review No. 02-08 for the construction of a new police facility and Conditional Use Permit No. 02-08 (CUP 02-08) to allow a monopole communication tower on the site that exceeds the maximum height in the PF Zone. 

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 New Police Station, CIP Project No. 336-3110. 

BACKGROUND
The purchase of the Dianda/Baldocchi property is necessary to construct a signalized intersection, which is part of the various site improvements on the New Police Station project located at the corner of Walnut and Central Boulevard. 

The City owned property that is being exchanged for the right of way needed from Dianda/Baldocchi was acquired from Dianda/Baldocchi in order to build Central Boulevard. The portion being traded from the original purchase for Central Boulevard was designated as the intersection for Walnut and Central Boulevard. Walnut Boulevard at the time of purchase did not connect to Central Boulevard. Therefore, the portion acquired for the intersection was a proposed alignment. Now that Walnut Boulevard has been constructed we no longer need the portion that was designated for the intersection. 

FISCAL IMPACT
The New Police Station Project is funding acquisition of this property. Community Facility Fee and a General Obligation Bond are financing construction of the police facility and site improvements.

Attachments:
Resolution
Site Map
Agreement

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE FOLLOWING ACTIONS: (1) APPROVE AN AGREEMENT FOR PURCHASE OF A FEE PARCEL (PROPERTY EXCHANGE) WITH ARMANDO D. DIANDA AND GEORGE A. BALDOCCHI, ALSO KNOWN AS GEORGE ANTHONY BALDOCCHI, DORNIE A. MAZZEI AND LINDA D. SUTTON, AS TRUSTEES UNDER THE TERMS OF THE WILL OF JULIA M. DIANDA, ALSO KNOWN AS JULIA DIANDA, DECEASED, AS ESTABLISHED BY JUDGMENT OF FINAL DISTRIBUTION FILED DECEMBER 10, 1992 IN CASE NO. P90-01086, PROBATE, CONTRA COSTA COUNTY SUPERIOR COURT, AN UNDIVIDED ONE-THIRD (1/3) INTEREST; GEORGE A. BALDOCCHI, TRUSTEE OF THE GEORGE A BALDOCCHI TRUST U/A/D 1/29/93, AN UNDIVIDED ONE-THIRD INTEREST; AND ARMANDO D. DIANDA, TRUSTEE OF THE ARMANDO D. DIANDA TRUST U/A/D 12/23/97, AN UNDIVIDED 1/3 INTEREST, FOR A PORTION OF REAL PROPERTY IDENTIFIED AS APN 017-170-004, GENERALLY LOCATED AT THE INTERSECTION OF WALNUT BOULEVARD AND CENTRAL BOULEVARD, 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; (2) AUTHORIZE THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE A GRANT DEED, AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION TO CONVEY A PORTION OF CITY OWNED PROPERTY ACQUIRED FOR CENTRAL BOULEVARD BY DOCUMENT #94-014223 (PROPERTY EXCHANGE) FROM THE CITY OF BRENTWOOD TO THE VESTED PROPERTY OWNERS REFERRED TO IN ACTION (1) ABOVE AND DESCRIBED IN SAID PURCHASE AGREEMENT. 


WHEREAS, on December 14, 1999, by Resolution No. 99-256, the City Council approved the purchase of the new police station site on Walnut Boulevard, for the New Police Station, CIP Project No. 336-3110; and 

WHEREAS, on August 22, 2000, the City Council authorized the City Manager to begin the process to secure an architect to develop a space needs analysis, conceptual drawings and cost plans for a new policy facility; and 

WHEREAS, on January 23, 2001, the City Council authorized the City Attorney to prepare an agreement with EKONA Architecture and Planning for design services of a new police facility, for the City Manager’s signature; and

WHEREAS, on November 7, 2001, the voters passed a Bond Measure (Measure “J”) directing the City of Brentwood to issue a General Obligation Bond in the amount of $6,000,000 for the purpose of constructing a new Police Department facility; and

WHEREAS, on January 22, 2002, by Resolution No. 2449, the City Council authorized the City Manager to award a Professional Service Contract to RGM and Associates for construction management services and to BKF Engineers Surveyors planners for civil design services for the New Police Station, CIP Project No. 336-3110; and



WHEREAS, on May 21, 2002, by Resolution No. 02-24, the Planning Commission approved Design Review No. 02-08 for the construction of a new police facility and Conditional Use Permit No. 02-08 (CUP 02-08) to allow a monopole communication tower on the site that exceeds the maximum height in the PF Zone; 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 New Police Station, CIP Project No. 336-3110; and 

WHEREAS, a portion of real property identified as APN 017-170-004 is needed for the New Police Station Project, CIP Project No. 336-3110; and

WHEREAS, a Purchase Agreement between the City of Brentwood and the vested property owners for a property exchange 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.

BE IT FURTHER RESOLVED that Mayor or City Manager and City Clerk or any of their designees are authorized to execute a Grant Deed to convey a portion of City owned property acquired for Central Boulevard by Document #94-014223, and such other documents as may be needed to complete the property exchange.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 10th day of September 2002 by the following vote:
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