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CITY COUNCIL AGENDA ITEM NO. 15


Meeting Date: September 10, 2002

Subject/Title: Approve a Purchase Agreement with Albers and Iannaccone for the Northwest Quadrant Infrastructure Project (Lone Tree Way Widening & Fairview Realignment), CIP Project No. 336-3127. 

Submitted by: City Attorney: Dennis Beougher
Engineering: B. Grewal/M. Kirby

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution approving the following actions: (1) an agreement for purchase of a fee parcel (property exchange) with Lucia Albers and Monte D. Albers, wife and husband as to an undivided 49%, and Elizabeth Ann Iannaccone as to an undivided 51%, for a portion of real property identified as APN 019-060-053, generally located on the south side of Lone Tree Way adjacent to the railroad tracks and the intersection of the existing Fairview Avenue, 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 purchase agreement, and such other documents as may be needed to complete the transaction including acceptance of the Deeds; (2) authorize the Mayor or City Manager and City Clerk or any of their designees to execute Grant Deeds, and such other documents as may be needed to complete the transaction to convey the City owned property identified as a portion of APN 019-060-007 & 054 and the right of way owned by the City for the existing Fairview Avenue (existing Fairview right of way to be conveyed after the new realigned Fairview is open for traffic, all as part of the property exchange) from the City of Brentwood to Lucia Albers and Monte D. Albers, wife and husband, and Elizabeth Ann Iannaccone described in said purchase agreement. 

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 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 – 2006/2007 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 and the Lone Tree Way - Union Pacific Undercrossing Project, CIP Project No. 336-3134. 

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), CIP Project No. 336-3127.

On July 9, 2002, by Resolution No. 2610, the City Council approved executing a contract amendments for Professional Design and Service Agreement for the Northwest Quadrant Project, CIP Project No. 336-3127, and approve a change order with Cordoba Consulting, Inc., to incorporate management and coordination assistance for the Lone Tree Way – Union Pacific Undercrossing Project, CIP Project No. 336-3134.

BACKGROUND
The widening of Lone Tree Way will cause two parcels of land (City owned) to become un-developable. The logical disposition of these parcels would be to incorporate them into the Albers and Iannaccone property. The City needs to acquire a strip of land off the frontage of the Albers and Iannaccone property for widening of Lone Tree Way and a portion of land off the west side of the Albers and Iannaccone property for the realignment of Fairview Avenue. The property exchange therefore, would be beneficial for both the City and Albers and Iannaccone. Since the value of the land being exchanged is not of equivalent value, a monetary exchange will take place.

The widening of Lone Tree Way is necessary in order to support commercial and residential development of the area. The realignment of Fairview is required to improve traffic flow and safety and to relocate some utilities to construct Lone Tree Way – Union Pacific Railroad Undercrossing. Major upgrades of all systems are required to support existing as well as proposed uses in the area. 

The realignment of Fairview will also be required for the Lone Tree Way – Union Pacific Undercrossing Project, CIP Project No. 336-3134. This project is a requirement by the Public Utilities Commission for the allowance of an at-grade crossing at Sand Creek Road, CIP Project No. 336-3061.

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

Attachments:
Resolution
Site Map
Two Project Maps
Purchase 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 LUCIA ALBERS AND MONTE D. ALBERS, WIFE AND HUSBAND AS TO AN UNDIVIDED 49%, AND ELIZABETH ANN IANNACCONE AS TO AN UNDIVIDED 51%, FOR A PORTION OF REAL PROPERTY IDENTIFIED AS APN 019-060-053, GENERALLY LOCATED ON THE SOUTH SIDE OF LONE TREE WAY ADJACENT TO THE RAILROAD TRACKS AND THE INTERSECTION OF THE EXISTING FAIRVIEW AVENUE, 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 PURCHASE AGREEMENT, AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION INCLUDING ACCEPTANCE OF THE DEEDS, (2) AUTHORIZE THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE GRANT DEEDS, AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION TO CONVEY THE CITY OWNED PROPERTY IDENTIFIED AS A PORTION OF APN 019-060-007 & 054 AND THE RIGHT OF WAY OWNED BY THE CITY FOR THE EXISTING FAIRVIEW AVENUE (EXISTING FAIRVIEW RIGHT OF WAY TO BE CONVEYED AFTER THE NEW REALIGNED FAIRVIEW IS OPEN FOR TRAFFIC, ALL AS PART OF THE PROPERTY EXCHANGE) FROM THE CITY OF BRENTWOOD TO LUCIA ALBERS AND MONTE D. ALBERS, WIFE AND HUSBAND, AND ELIZABETH ANN IANNACCONE DESCRIBED IN SAID PURCHASE AGREEMENT. 

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 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, 2002, 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, 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. 2613, the City Council certified and adopted the Mitigated Negative Declaration for the Lone Tree Way Widening Project (a portion of the Northwest Quadrant), CIP Project No. 336-3127; and

WHEREAS, on July 9, 2002, by Resolution No. 2610, the City Council approved executing a contract amendments for Professional Design and Service Agreement for the Northwest Quadrant Project, CIP Project No. 336,3127, and approve a change order with Cordoba Consulting, Inc., to incorporate management and coordination assistance for the Lone Tree Way – Union Pacific Undercrossing Project, CIP Project No. 336-3134; and

WHEREAS, a portion of real property identified as APN 019-060-053, generally located on the south side of Lone Tree Way adjacent to the railroad tracks and the intersection of the existing Fairview Avenue in the City of Brentwood, is needed for the widening of Lone Tree Way and the realignment of Fairview Avenue 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 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 Purchase Agreement and any related escrow documents including acceptance of the Grant Deeds.

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

BE IT FURTHER RESOLVED that Mayor or City Manager and City Clerk or any of their designees are authorized to execute Grant Deeds to convey City owned property identified as a portion of APN 019-060-007 & 054 and the right of way owned by the City for the existing Fairview Avenue (existing Fairview right of way to be conveyed after the new realigned Fairview is open for traffic, all as part of the property exchange), 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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