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CITY COUNCIL AGENDA ITEM NO. 12

Meeting Date: July 8, 2003

Subject/Title: Approve an agreement for an easement with Pacific Bell for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127 (Lone Tree Way)

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

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution approving the following actions: (1) authorizing the Mayor or City Manager and City Clerk or any of their designees to execute an agreement for an easement on a portion of City owned property to Pacific Bell Telephone Company, a California Corporation, dba SBC California, for a portion of real property identified as APN 019-050-025, generally located on the south side of Lone Tree Way between Empire Avenue and Windy Springs Lane; (2) authorizing the Mayor or City Manager and City Clerk or any of their designees to execute an Easement Deed to Pacific Bell Telephone Company, a California Corporation, dba SBC California, described in said agreement, and such other documents as may be needed to complete the transaction.

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 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.

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 May 27, 2003, by Resolution No. 2893, the City Council adopted the City’s 2003/04 – 2004/05 Capital Improvement Program that included the Northwest Quadrant Infrastructure, CIP Project No. 336-3127.

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.

During the design phase of Lone Tree Way Widening, the City sent plans to Pacific Bell, dba SBC, showing the improvements to Lone Tree Way. They said it looked fine; however, when construction was approximately 25% complete, SBC determined that they would need a CEV vault somewhere in the vicinity of where it is currently shown.

SBC current facilities in the Northwest Quadrant will not provide adequate services for all the future residential development or the commercial development expected in this area. At some point in the future SBC will need to upgrade their facilities by putting in a CEV vault in this area. The CEV vault is a very large underground facility where major phone lines are connected, rerouted, and acts as a hub for service to a particular quadrant.

City staff urged SBC to make provisions for the vault now so the Lone Tree Way Improvements that are currently under construction would not get impacted later. They agreed. SBC and City staff have discussed several possible sites for the vault; however, it was determined that the City owned property was the best location.

Staff recommends that the City Council approve this easement in order for the facility upgrade to take place with the current construction so it will not impact the newly constructed Lone Tree Way at a later date.

FISCAL IMPACT
None.

Attachments:
Resolution
Site Map
Agreement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE FOLLOWING ACTIONS: (1) AUTHORIZING THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE AN AGREEMENT FOR AN EASEMENT ON A PORTION OF CITY OWNED PROPERTY TO PACIFIC BELL TELEPHONE COMPANY, A CALIFORNIA CORPORATION, DBA SBC CALIFORNIA, FOR A PORTION OF REAL PROPERTY IDENTIFIED AS APN 019-050-025, GENERALLY LOCATED ON THE SOUTH SIDE OF LONE TREE WAY BETWEEN EMPIRE AVENUE AND WINDY SPRINGS LANE; (2) AUTHORIZING THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE AN EASEMENT DEED TO PACIFIC BELL TELEPHONE COMPANY, A CALIFORNIA CORPORATION, DBA SBC CALIFORNIA DESCRIBED IN SAID AGREEMENT, AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION.

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 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 May 27, 2003, by Resolution No. 2893, the City Council adopted the City’s 2003/04 – 2007/08 Capital Improvement Program that included the Northwest Quadrant Infrastructure, CIP Project No. 336-3127; and

WHEREAS, a portion of real property identified as APN 019-050-025, is needed for upgrading facilities by Pacific Bell (SBC) on Lone Tree Way, for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127; and

WHEREAS, an Agreement between the City of Brentwood, the vested property owner, and Pacific Bell Telephone Company, a California Corporation, dba SBC California, has been developed and is necessary to convey an easement for Pacific Bell (SBC) facilities.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood, that the following actions are hereby approved: (1) authorizing the Mayor or City Manager and City Clerk or any of their designees to execute an agreement for an easement on a portion of City owned property to Pacific Bell Telephone Company, a California Corporation, dba SBC California, for a portion of real property identified as APN 019-050-025, generally located on the south side of Lone Tree Way between Empire Avenue and Windy Springs Lane; (2) authorizing the Mayor or City Manager and City Clerk or any of their designees to execute an Easement Deed to Pacific Bell Telephone Company, a California Corporation, dba SBC California, described in said agreement, and such other documents as may be needed to complete the transaction.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 8th day of July 2003 by the following vote:

 

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