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 CITY COUNCIL AGENDA ITEM NO. 09



Meeting Date: October 22, 2002

Subject/Title: Approve a Purchase Agreement with Horace and Norrine Siino for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127. (Fairview Realignment) 

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

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution approving an agreement for purchase of a fee parcel with Horace and Norrine Siino, his wife, as Joint Tenants, for a portion of real property identified as APN 019-060-048, 019-060-050 & 019-060-051, generally located on the west side of Fairview Avenue between Grant Street and 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 purchase 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 October 23, 2001, by Resolution No. 2392, the City Council certified the general Fairview Avenue/Lone Tree Way realignment Environmental Impact Report (EIR) and adopted the general realignment of Fairview Avenue related to the Northwest Quadrant Infrastructure, CIP Project No. 336-3127.

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 and the Lone Tree Way - Union Pacific Undercrossing, 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 amendment for a 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, CIP Project No. 336-3134.

On September 24, 2002, by Resolution No. 2681, the City Council approved a Reimbursement Agreement with Lone Tree Partners, concerning Subdivision Map No. 8281 improvements, which included the realignment of Fairview Avenue.

BACKGROUND
Northwest Quadrant (NWQ) Infrastructure Improvements are vital for the development of that area. It will provide the much needed services to the existing as well as future residences/businesses in the NWQ. These improvements are necessary for the development of the commercial/industrial corridors along Lone Tree Way, Hwy 4 Bypass, Sand Creek Road and Shady Willow Lane. Realignment of Fairview Avenue is one of the many major improvements in this NWQ, which require extensive cooperation and support from developers, property owners and residents living in the vicinity of the project. After many meetings, discussions and negotiations, the project is moving forward with construction commencing in October 2002.

The realignment of Fairview is also necessary 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.

As a first phase of the Undercrossing Project, the City is realigning Fairview Avenue to facilitate the construction of the next phases and it will minimize inconvenience to traffic on Fairview Avenue during the Undercrossing Project construction. The realignment of Fairview Avenue is being done in conjunction with the widening of Lone Tree Way in order to support commercial and residential development of the area. The new alignment of Fairview Avenue will improve traffic flow and safety as the roadway system in the area 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. Construction of the Northwest Quadrant Infrastructure is being funded by developers, through prepayment of Roadway, Sewer and Water Fees through CIFP2002-1. Roadway Maintenance Fund and Sewer and Water Enterprise Fund will provide the funding source for necessary maintenance.


Attachments:
Resolution
Site Map
Purchase Agreement


RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AGREEMENT FOR PURCHASE OF A FEE PARCEL WITH HORACE J. SIINO AND NORRINE A. SIINO, HIS WIFE, AS JOINT TENANTS, FOR A PORTION OF REAL PROPERTY IDENTIFIED AS APN 019-060-0248, 019-060-050 & 019-060-051, GENERALLY LOCATED ON THE WEST SIDE OF FAIRVIEW AVENUE BETWEEN GRANT STREET AND 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 PURCHASE 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 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 October 23, 2001, by Resolution No. 2392, the City Council certified the general Fairview Avenue/Lone Tree Way realignment Environmental Impact Report (EIR) and adopted the general realignment of Fairview Avenue related to the Northwest Quadrant Infrastructure, CIP Project No. 336-3127; 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 a 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, CIP Project No. 336-3134; and

WHEREAS, on September 24, 2002, by Resolution No. 2681, the City Council approved a Reimbursement Agreement with Lone Tree Partners, concerning Subdivision Map No. 8281 improvements, which included the realignment of Fairview Avenue; and

WHEREAS, a portion of real property identified as APN 019-060-048, 019-060-050 & 019-060-051, generally located on the west side of Fairview Avenue between Grant Street and Lone Tree Way in the City of Brentwood, is needed for 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 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 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 22nd day of October 2002 by the following vote:
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