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CITY COUNCIL AGENDA ITEM NO. 3

Meeting Date: April 13, 2004

Subject/Title: Approve payment to Contra Costa County Flood Control District for the Sunset Industrial Complex drainage fees in the amount of $97,868.40, CIP Project No. 336-3128.

Prepared by: Gina Rozenski, Redevelopment Manager

Submitted by: Howard Sword, Economic Development Director

RECOMMENDATION
Approve payment to the Contra Costa County Flood Control District for the Sunset Industrial Complex drainage fees in the amount of $97,868.40, CIP Project No. 336-3128.

PREVIOUS ACTIONS
City Council authorized the purchase of approximately 40 acres of property located at the northeast corner the Tresch and Sunset Roads.

City Council authorized various consultant contracts to master-plan and prepare environmental documents for approximately 132 acres of city owned land northeast of Tresch and Sunset Roads to include a 49.2 acre Wastewater Treatment Plant, 2.7 acre Solid Waste Plant, 37.7 Sports Park, 13.3 acre Corporation Yard and a 28.4 acre Industrial Complex.

City Council authorized a consultant contract with McGill Martin Self to prepare infrastructure improvement plan for the Sunset Industrial Complex.

In September 2001, the Brentwood Redevelopment Agency issued Tax Allocation Bonds (TAB) to refinance existing bonds and to pay for certain redevelopment and public improvement projects. One of the top three projects identified by the Agency included funding the infrastructure improvements at the Sunset Industrial Complex with TAB proceeds.

On June 4, 2002, the Planning Commission certified the Environment Impact Report for the Sunset Industrial Complex, and on June 6 the Notice of Determination was filed with the County.

On July 23, 2002 the City Council adopted Ordinance 710 approving the PD Zoning for Sunset Industrial Complex, and also awarded the construction contract for the Sunset Industrial Complex Improvements Project (CIP No. 336-3128) to Teichert Construction.

On August 13, 2002, the City Council and Redevelopment Agency approved a Reimbursement Agreement wherein the Agency would loan $3,000,000 to the City for infrastructure improvements at Sunset Industrial Complex (CIP No. 336-3128).

On November 26, 2002 the City Council approved a sales strategy for property located at the Sunset Industrial Complex and adopt criteria for the selection of successful candidates to purchase the subject property.

On September 23, 2003 authorize the City Manager to execute a professional services agreement with Carlson Barbee & Gibson, Inc. to prepare a Survey, Tentative Map, Final Map and related work for the Sunset Industrial Complex and amend the CIP Project # 336-3128 budget.

On October 28, 2003, the City Council approved the Sunset Industrial Complex sales strategy criteria ranking and preliminary lot layout which included the cul-de-sac site plan.

On November 25, 2003, the City Council and Redevelopment Agency approved resolutions amending the Reimbursement Agreement between the Brentwood Redevelopment Agency and the City of Brentwood for an additional $728,000 to fund construction of cul-de-sac improvements and traffic signal improvements for the Sunset Industrial Complex.

On January 27, 2004, the City Council amended Planned Development Zone 56 to allow for an increase in the square footage designated for retail uses with Subareas A and B, and to allow smaller lot sizes in Subarea C, in the Sunset Industrial Complex.

On March 9, 2004, the City Council received, as an informational item, the Final Map for Subdivision 8588.

BACKGROUND
The Sunset Industrial Complex is located within the Contra Costa County Flood Control District’s Drainage Area 52C (DA 52C). The preliminary DA 52C drainage fee of $1.4M was calculated by the Contra Costa Flood Control District’s and based on its assumption that the entire 39.5-acre subdivision, including the sports complex portion, was paved as an impervious surface. City staff has explained to the Flood Control District that the only portions that are paved, at the time the Final Map recorded, are the roadways and sidewalks. The City and Flood Control District are now in agreement that the DA 52C drainage fees for the Sunset Industrial Complex correctly amount to $97,868.40 based on the square footage of existing impervious surfaces of roadways and sidewalks.

Additional drainage fees for the subdivision will be incurred in the future when buyers develop their properties. The City has assured the Flood Control District that, before any building permits are issued to industrial complex buyers, the appropriate DA 52C drainage fees will be collected from the buyers based on approved development applications and proposed impervious surfaces. These fees will be collected by the City on behalf of the Flood Control District for the timely completion of the DA 52C facilities.

FISCAL IMPACT
The Sunset Industrial Complex CIP 336-3128 budget allocated $124,603 for drainage fees. The DA 52C drainage fees of $97,868.40 are within the project’s budget.

Attachments: Resolution
March 8, 2004, letter from City Manager to Flood Control District

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A PAYMENT TO CONTRA COSTA FLOOD CONTROL DISTRICT FOR SUNSET INDUSTRIAL COMPLEX, CIP PROJECT NO. 336-3128 FOR DRAINAGE FEES IN THE AMOUNT OF $97,868.40.

WHEREAS, on June 4, 2002, Planning Commission certified the Environmental Impact Report for the Sunset Industrial Complex CIP Project No. 336-3128 and on June 6, 2002 the Notice of Determination was filed with the County; and

WHEREAS, on July 23, 2002, City Council adopted Ordinance 710 approving the PD Zoning for Sunset Industrial Complex, and also awarded the construction contract for the Sunset Industrial Complex, CIP Project No. 336-3128 to Teichert Construction; and

WHEREAS, on August 13, 2002, City Council and Redevelopment Agency approved a Reimbursement Agreement wherein the Agency would loan $3,000,000 to the City for infrastructure improvements at the Sunset Industrial Complex, CIP Project No. 336-3128;and

WHEREAS, on November 26, 2002, City Council approved a sales strategy for property located at the Sunset Industrial Complex and adopted criteria for the selection of successful candidates to purchase the subject property; and

WHEREAS, the Sunset Industrial Complex is located within the Contra Costa County Flood Control District’s Drainage Area 52C (DA 52C); and

WHEREAS, the City and the Flood Control District are in agreement that the DA 52C drainage fees for the Sunset Industrial Complex correctly amount to $97,868.40, based on the square footage of existing impervious surfaces.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood that the payment to the Contra Costa County Flood Control District for drainage fees in the amount of $97,868.40, for the Sunset Industrial Complex, CIP Project No. 336-3128, are hereby approved.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of April 2004 by the following vote:

AYES:
NOES:
ABSENT:
ABSTAIN :

_____________________________
Brian Swisher
Mayor

ATTEST:

__________________________________
Karen Diaz, CMC
City Clerk/Director of Administrative Services

March 8, 2004

Mr. Paul Detjens
Contra Costa County Flood Control District
255 Glacier Drive
Martinez CA 94553

Re: Sunset Industrial Complex Drainage Fee’s, City of Brentwood

Dear Paul:

Thank you for taking the time to resolve the above referenced issue.

As discussed in your conversations with Paul Eldredge in the Engineering Department today, the City will attach a copy of this letter to the item before the City Council tomorrow night and pay the drainage fees associated with Elkins Way prior to the recordation of the final map ($97,868.40).

Additionally, we will withhold building permits on the individual lots until the storm drain fees have been paid in full to the satisfaction of the Flood Control District.

We apologize for any misunderstanding that may have occurred in this process, and appreciate your working with us. Should you have any questions or comments please feel free to contact Paul Eldredge in the Engineering Department at (925) 516-5420.

Sincerely,

John E. Stevenson
City Manager

cc: Bailey Grewal, City Engineer
Howard Sword, Econ. Dev. Director
Gina Rozenski, Redevelopment Manager
Brian Bornstein, Associate Engineer
CIP 336-3128-90050

JS/jb

City Administration
City of Brentwood City Council
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