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CITY COUNCIL AGENDA ITEM NO. 10



Meeting Date: February 25, 2003

Subject/Title: Approve a Purchase Agreement with Joseph G. Castello and Marjorie L. Castello for the Oak Street Extension, Non-Potable Water Distribution System Phase I, CIP Project No. 592-5912, and Zone l Equalization Storage Reservoirs – Phase 1 – 6

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

Approved by: John Stevenson, City Manager



RECOMMENDATION
Approve a Resolution approving an agreement for purchase of a fee parcel with Joseph G. Castello and Gloria L. Castello, as Trustees under the 1982 Castello Living Trust dated October 14, 1982, as to an undivided one-half (1/2) interest; and Victor R. Castello and Marjorie Lola Castello, Trustees under the 1989 Victor R. Castello and Marjorie Lola Castello Living Trust dated May 25, 1989, as to an undivided one-half (1/2) interest, for a portion of real property identified as APN 013-220-008 & 009, generally located outside the City limits west of Sellers Avenue and north of Chestnut Street, 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 June 19, 2001, by Resolution No. 01-53, the Planning Commission approved Tentative Subdivision Map No. 8424, subject to conditions of approval. Item No. 21 of the condition of approval is the installation of the non-potable water line, Item No. 23, 24, 25 & 26 requires the alignment and construction of Oak and Chestnut Streets.

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.

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 Oak Street Extension, Non-Potable Water Distribution System Phase I, CIP Project No. 592-5912, and the Zone l Equalization Storage Reservoirs – Phase 1 – 6.

On January 28, 2002, by Resolution No. 2784, the City Council authorized staff to temporarily close Chestnut Street from Sellers Avenue to Garin Parkway for thirty (30) working days for the construction of the ultimate roadway configuration of Chestnut Street and Oak Street.

BACKGROUND
The Oak/Chestnut Street extension project will extend the existing road easterly 2,800 linear feet to Sellers Avenue. The project includes sewer, storm drain, fiber optic and a non-potable waterline. This extension and realignment project is a part of the 2002/03 – 2006/07 Capital Improvement Program adopted by City Council and also is a condition of approval for the proposed residential subdivision, No. 8424, to the immediate west of the Castello property. This is an off-site improvement for the development and construction is expected to commence soon. The acquisition of the Castello property is intended to realign Oak Street and Chestnut Street making a “T” intersection. This extension will improve east-west circulation through the City, and improve access and vitality to the downtown business district.

The Non-Potable Water Distribution System project is required as a part of the City’s urban water conservation plan and to maximize the reuse and disposal of tertiary treated effluent from the City’s Wastewater Treatment Plant (WWTP). Additionally, the City’s discharge permit for the WWTP issued by the Regional Water Quality Control Board required the City to begin reclaiming water. Installation of this line is to reclaim non-potable water throughout the City to provide reclaimed water for irrigation of golf courses, parks, parkways, medians and other applicable uses. 

One of the results of purchasing the Castello property for the Oak Street project was a creation of an uneconomic remnant that the City is obligated to purchase. This remnant will be a potential site for the proposed Zone l Equalization Storage Reservoirs – Phase 1 – 6. All of the City’s existing storage capacity is located on the western edge of the City due to the hilly terrain (typical water reservoirs are elevated above the service area and rely upon gravity for flow). Adequate locations for additional Zone I reservoirs are not available within the City limits. Therefore, a series of buried equalization basins are proposed on the eastern edge of the City, totaling 16 million gallons of storage are currently estimated to be constructed in six phases. 

FISCAL IMPACT
Funding for the acquisition of the Castello property would be through the CIP Projects as follows:

Oak/Chestnut Street Extension $ 96,670.00

The acquisition portion of this project will be funded through Roadway Fees. The road extension will be constructed by the developer and will be funded by a combination of Facility Fee Credits and bond sales from the development’s CIFP. Future annual operating/maintenance cost is estimated to be $2,800. Annual operating/maintenance costs are for roadway and utility maintenance. 

Non-Potable Water Distribution System Phase I, CIP Project No. 592-5912 $ 48,330.00

The above project is funded through Facility Fees. However, the City is looking for state and federal grant funding, developer contributions and the possibility of zero to low interest loans from the State to accelerate the construction of this project as well as the other phases of the non-potable system. Future annual operating/maintenance costs are to be covered by the sale of the treated water for irrigation purposes and are thus considered negligible.

Zone l Equalization Storage Reservoirs – Phase 1 – 6 $145,000.00 

Funding for construction comes from water facility fees and has been incorporated into the City’s Development Fee Program. Future annual operating/maintenance costs have been estimated at approximately $60,000.00, which is primarily due to energy costs to pump the water out of the buried reservoir.

TOTAL ACQUISITION COST $290,000.00 

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 JOSEPH G. CASTELLO AND GLORIA L. CASTELLO, AS TRUSTEES UNDER THE 1982 CASTELLO LIVING TRUST DATED OCTOBER 14, 1982, AS TO AN UNDIVIDED ONE-HALF (1/2) INTEREST; AND VICTOR R. CASTELLO AND MARJORIE LOLA CASTELLO, TRUSTEES UNDER THE 1989 VICTOR R. CASTELLO AND MARJORIE LOLA CASTELLO LIVING TRUST DATED MAY 25, 1989, AS TO AN UNDIVIDED ONE-HALF (1/2) INTEREST, FOR A PORTION OF REAL PROPERTY IDENTIFIED AS APN 013-220-008 & 009, GENERALLY LOCATED OUTSIDE THE CITY LIMITS WEST OF SELLERS AVENUE AND NORTH OF CHESTNUT STREET, 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 June 19, 2001, by Resolution No. 01-53, the Planning Commission approved Tentative Subdivision Map No. 8424, subject to conditions of approval. Item No. 21 of the condition of approval is the installation of the non-potable waterline, Item No. 23, 24, 25 & 26 requires the alignment and construction of Oak and Chestnut Streets; 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 Oak Street Extension, Non-Potable Water Distribution System Phase I, CIP Project No. 592-5912, and the Zone l Equalization Storage Reservoirs – Phase 1 – 6; and

WHEREAS, on January 28, 2002, by Resolution No. 2784, the City Council authorized staff to temporarily close Chestnut Street from Sellers Avenue to Garin Parkway for thirty (30) working days for the construction of the ultimate roadway configuration of Chestnut Street and Oak Street.

WHEREAS, a portion of real property identified as APN 013-220-008 & 009, generally located outside the City limits west of Sellers Avenue and north of Chestnut Street, is needed for said CIP Projects; 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 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 25th day of February 2003, by the following vote:
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