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CITY COUNCIL AGENDA ITEM NO. 9
Meeting Date: October 14, 2003

Subject/Title: Approve a Resolution approving an agreement with Ron Nunn for the Northwest Quadrant Infrastructure, now known as Lone Tree Way Widening – Segments 1 & 2, CIP Project No. 336-3127.

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

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution approving an agreement for purchase of fee parcel with Ronald E. Nunn, a married man, as his sole and separate property, for real property identified as APN 019-020-041, generally located on the west side of Jeffery Lane, 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.

PREVIOUS ACTION
On April 27, 1999, the City Council approved various Resolutions authorizing the Mayor or City Manager or any of their designees to accept Offers of Dedications necessary for the State Route 4 Bypass (a.k.a. Delta Expressway) and to convey necessary real property to the State Route 4 Bypass Authority for the development of Segment 2 of the State Route 4 Bypass.

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 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 6, 2003, by Resolution No. 03-31, the Planning Commission confirmed that the proposed 2003/04 – 2007/08 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 27, 2003, by Resolution No. 2868, the City Council adopted the City’s 2003/04 – 2004/05 Capital Improvement Program that included the Lone Tree Way Widening – Segments Phase 1 & 2 previously known as Northwest Quadrant Infrastructure, CIP Project No. 336-3127.

BACKGROUND
The acquisition of the Ron Nunn property accomplishes the following two objectives:

1. Widening of Jeffery Way.

Design for Segment 1 of the State Route 4 Bypass includes an interchange at Lone Tree Way. This interchange includes a “hook ramp” which will exit onto Jeffery Way to allow circulation to Lone Tree Way. The City of Brentwood is coordinating with the State Route 4 Bypass Authority to convey the necessary real property to them for the construction of the interchange adjacent to Jeffery Way, which will require a portion of this acquisition. As a result of the additional traffic and development in the area, Jeffery Way will also require widening.

2. Construction of Storm Drain Line A5 (Contra Costa County Drainage Area 30C).

The Infrastructure Master Plan element for flood control drainage area 30C requires the installation of 60-inch to 72-inch diameter concrete pipe to handle the drainage flow in the northern half of the Northwest Quadrant due from both the approved and proposed developments. The line will be constructed south of Lone Tree Way from the Donahue Schriber (Home Depot) Project adjacent to Heidorn Ranch Road to the Detention Basin located adjacent to the Railroad Tracks and east of the old alignment of Fairview Avenue. With the development of the Home Depot site and the approval of various subdivisions in this area, the City has conditioned each development to dedicate the easement necessary to construct this line and acquire any other right of way necessary to complete the construction of this line. The acquisition of this property is just one of the many acquisitions required to achieve this objective.

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. The construction of the storm drain line is just one of the improvements necessary for the development of the commercial/industrial corridors along Lone Tree Way, State Route 4 Bypass and Shady Willow Lane.

FISCAL IMPACT
The existing budget for the Northwest Quadrant Infrastructure, now known as Lone Tree Widening – Segments 1 & 2, which includes acquisition costs, are provided through developer funding, assessment district funds and facility fees.

The fair market value for this acquisition is $105,000. Roadway Fee Credits will be issued for $20,000 at the time of issuance of the building permit. The storm drain will be installed by the Donahue Schriber project as compensation for the remainder due Mr. Nunn, at a cost of $85,000. The cost of this installation will be charged to the Construction portion of the budget consisting of $4,272,918 for this fiscal year. To date, virtually none of the budget for this fiscal year has been used.

The future annual operating/maintenance costs, is included in the $40,000 estimate for the Northwest Quadrant Infrastructure, now known as Lone Tree Way Widening – Segments 1 & 2 Project.

Attachments:
Resolution
Agreement
CIP Project Map/Site Map
CIP Budget Sheet

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AGREEMENT FOR PURCHASE OF FEE PARCEL WITH RONALD E. NUNN, A MARRIED MAN, AS HIS SOLE AND SEPARATE PROPERTY, FOR REAL PROPERTY IDENTIFIED AS APN 019-020-041, GENERALLY LOCATED ON THE WEST SIDE OF JEFFERY LANE, 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.


WHEREAS, on April 27, 1999, the City Council approved various Resolutions authorizing the Mayor or City Manager or any of their designees to accept Offers of Dedications necessary for the State Route 4 Bypass (a.k.a. Delta Expressway) and to convey necessary real property to the State Route 4 Bypass Authority for the development of Segment 2 of the State Route 4 Bypass; 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 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 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 6, 2003, by Resolution No. 03-31, the Planning Commission confirmed that the proposed 2003/04 – 2007/08 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 27, 2003, by Resolution No. 2868, 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 019-020-041, generally located on the west side of Jeffery Lane in the City of Brentwood, is needed for the widening of Jeffery Way and the construction of Storm Drain Line A5, for the Northwest Quadrant Infrastructure, now known as Lone Tree Way Widening – Segments 1 & 2, 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 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 14th day of October 2003 by the following vote:

 

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