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CITY COUNCIL AGENDA ITEM NO. 2

Meeting Date: August 24, 2004

Subject/Title: Approve a Resolution approving a Purchase Agreement with Contra Costa County Flood Control District for the Lone Tree Widening – Segments 1 and 2 (previously known as Northwest Quadrant Infrastructure), CIP Project No. 336-3127.

Prepared by: Engineering: M. Sullivan

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Approve a Resolution approving an agreement for purchase of a fee parcel with Contra Costa County Flood Control District (CCCFCD) for real property, generally located on the southwest corner of Lone Tree Way and the old Fairview Avenue intersection; 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, City Council approved Resolution No. 98-196, that annexed the northwest area into the City of Brentwood.

On November 28, 2000, 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, City Council approved Resolution No. 2246, approving the form and content of the Northwest Quadrant Infrastructure Design Engineering Fee Reimbursement Agreement and related actions (now known as Lone Tree Way Widening - Segments 1 and 2).

On May 22, 2001, City Council by Resolution No. 2299, certified 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, 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 (now known as Lone Tree Way Widening - Segments 1 and 2), CIP Project No. 336-3127.

On October 23, 2001, by Resolution No. 2392, 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 (now known as Lone Tree Way Widening - Segments 1 and 2), CIP Project No. 336-3127.

On May 7, 2002, by Resolution No. 02-18, 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, City Council adopted the City’s 2002/03 – 2006/07 Capital Improvement Program that included the Northwest Quadrant Infrastructure (now known as Lone Tree Way Widening - Segments 1 and 2), 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, City Council certified and adopted the Mitigated Negative Declaration for the Lone Tree Way Widening – Segments 1 & 2 Project (a portion of the Northwest Quadrant), CIP Project No. 336-3127.

On July 9, 2002, by Resolution No. 2610, City Council approved executing a contract amendment for a Professional Design and Service Agreement for the Northwest Quadrant Project (now known as Lone Tree Way Widening - Segments 1 and 2), CIP Project No. 336-3127, and approved a change order with Cordoba Consulting, Inc., to incorporate management and coordination assistance for the Lone Tree Way – Union Pacific Undercrossing Project, CIP Project No. 336-3134.

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

On May 18, 2004, by Resolution No. 04-31, Planning Commission confirmed that the proposed 2004/05 – 2008/09 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 25, 2004, by Resolution No. 2004-113, City Council adopted the City’s 2004/05 – 2008/09 Capital Improvement Program that included the Lone Tree Way Widening - Segments 1 and 2 (previously known as the Northwest Quadrant Infrastructure), CIP Project No. 336-3127 and the Lone Tree Way - Union Pacific Undercrossing, CIP Project No. 336-3134.

BACKGROUND
The City has been negotiating with Contra Costa County Flood Control District for some time for the necessary right-of-way that was required as part of the Lone Tree Widening project. The City has completed that portion of the Northwest Quadrant Infrastructure Improvements, now known as Lone Tree Way Widening – Segments 1 and 2. However the infrastructure improvements necessary for the continued development of the area due to the commercial and residential growth will be accomplished as part of the Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-3134. The undercrossing 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.
The acquisition of the property currently owned by Contra Costa Flood Control District is a necessary part of the design that connects these two major projects. Without this acquisition the City will not be able to build the ultimate improvements.

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 CIFP 2002-1. Roadway Maintenance Fund and the 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 CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT FOR REAL PROPERTY, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF LONE TREE WAY AND THE OLD FAIRVIEW AVENUE INTERSECTION; 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, City Council approved Resolution No. 98-196, that annexed the northwest area into the City of Brentwood; and

WHEREAS, on November 28, 2000, 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, 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, City Council by Resolution No. 2299, certified 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, 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 (now known as Lone Tree Way Widening - Segments 1 and 2), CIP Project No. 336-3127; and

WHEREAS, on October 23, 2001, by Resolution No. 2392, 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 (now known as Lone Tree Way Widening - Segments 1 and 2), CIP Project No. 336-3127; and

WHEREAS, on May 7, 2002, by Resolution No. 02-18, 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, City Council adopted the City’s 2002/03 – 2006/07 Capital Improvement Program that included the Northwest Quadrant Infrastructure (now known as Lone Tree Way Widening - Segments 1 and 2), CIP Project No. 336-3127; and

WHEREAS, on July 9, 2002, by Resolution No. 2613, 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, 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 approved 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, 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, on May 18, 2004, by Resolution No. 04-31, Planning Commission confirmed that the proposed 2004/05 – 2008/09 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; and

WHEREAS, on May 25, 2004, by Resolution No. 2004-113, City Council adopted the City’s 2004/05 – 2008/09 Capital Improvement Program that included the Lone Tree Way Widening - Segments 1 and 2 (previously known as the Northwest Quadrant Infrastructure), CIP Project No. 336-3127 and the Lone Tree Way - Union Pacific Undercrossing, CIP Project No. 336-3134; and

WHEREAS, a portion of real property owned by Contra Costa County Flood Control District, generally located on the southwest corner of Lone Tree Way and the old Fairview Avenue intersection in the City of Brentwood, is needed for the Lone Tree Widening – Segments 1 and 2 (previously known as Northwest Quadrant Infrastructure), CIP Project No. 336-3127 tie-in to the Lone Tree Way – Union Pacific Undercrossing Project, CIP Project No. 336-3134; 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 24th day of August 2004 by the following vote:
 

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