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CITY COUNCIL AGENDA ITEM NO. 5

Meeting Date: January 11, 2005

Subject/Title: Approve a Resolution of Public Interest and Necessity relating to the Walnut Boulevard Widening, CIP Project No. 336-3056.

Prepared by: Engineering: M. Sullivan

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Approve Resolution of Public Interest and Necessity requiring the dedication of the 40-foot strip described in the Deferred Improvement Agreement for the Walnut Acres Mobile Home Park dated June 13, 1972, identified as APN 012-170-005 and the Deferred Improvement Agreement for the Brentwood Lions Club recorded September 16, 1987, in Book 13900 at Page 567 identified as APN 012-170-003, both properties generally located on the east side of Walnut Boulevard between Balfour Road and Oak Street, for the Walnut Boulevard Widening, CIP Project No. 336-3056.

PREVIOUS ACTION
On May 26, 1998, City Council approved an updated Master Agreement, Administering Agency-State Agreement for Federal Aid Projects, No. 04-5300.

On May 16, 2000, by Resolution No. 00-31, Planning Commission approved the Negative Declaration and determined that the 2000/01 – 2005/06 Capital Improvement Program (CIP) was consistent with the adopted Brentwood General Plan.

On May 23, 2000, by Resolution No. 2076, City Council adopted the 2000/01 – 2004/05 Capital Improvement Program that included the Walnut Boulevard Widening, CIP Project No. 336-3056.

On June 27, 2000, City Council authorized the City Manager to sign a design contract with Harris & Associates for the design of Walnut Boulevard Widening, CIP Project No. 336-3056, from Balfour Road to Oak Street.

On March 13, 2001, by Resolution No. 2249, City Council authorized the City Manager to execute a Program Supplement Agreement No. 002-M to Administering Agency-State Agreement No. 04-5300, for reimbursement of costs for preliminary engineering for the Walnut Boulevard Widening, CIP Project No. 336-3056.

On May 18, 2004, by Resolution No. 04-31, Planning Commission approved the Negative Declaration and determined that the 2004/05 – 2008/09 Capital Improvement Program was consistent with the adopted Brentwood General Plan.

On May 25, 2004, by Resolution No. 2004-113, City Council adopted the 2004/05 – 2008/09 Capital Improvement Program that included the Walnut Boulevard Widening, CIP Project No. 336-3056.

BACKGROUND
The widening of Walnut Boulevard will improve the northbound and southbound vehicular commute traffic to the City’s main commute arterial, Vasco Road, south of town. This project will also upgrade the storm drain, water and sewer systems in that vicinity. The project consists of 2,300 linear feet of widened street and asphalt concrete overlay, installation of curbs, gutters and sidewalk, plus installation of 2,300 linear feet of storm drain, sewer, water and fiber optic conduit systems.

The City was awarded a grant in the amount of $1,300,000 from the Federal Intermodal Surface Transportation Efficiency Act (ISTEA) program, but due to time constraints it was impossible to meet Federal requirements. The Metropolitan Transportation Commission (MTC) approved the City’s request to transfer $1,110,000 of these funds to the Brentwood Boulevard Widening Project, CIP No. 336-3054. The City is obligated, per signed agreement with the State of California, to perform this work prior to September 2007.

The required dedication described in the Deferred Public Improvement Agreement for a portion of Walnut Acres Mobile Home Park property and the required dedication described in the Deferred Public Improvement Agreement for a portion of the Brentwood Lions Club property are just two of the acquisitions required to construct this project to its ultimate improvements. The required dedications under the above agreements provides that the property owners shall not be required to dedicate until the City Council passes a resolution declaring the public interest and necessity of constructing such improvements.

FISCAL IMPACT
There are no acquisition costs for these two dedications other than escrow and recording fees. All costs have been budgeted through the Walnut Boulevard Widening, CIP Project No. 336-3056. The future annual Operating/Maintenance Cost has been estimated at $9,476 a year.

Attachments:
Resolution
Site Map

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A RESOLUTION OF PUBLIC INTEREST AND NECESSITY REQUIRING THE DEDICATION OF THE 40-FOOT STRIP DESCRIBED IN THE DEFERRED IMPROVEMENT AGREEMENT FOR THE WALNUT ACRES MOBILE HOME PARK DATED JUNE 13, 1972, IDENTIFIED AS APN 012-170-005 AND THE DEFERRED IMPROVEMENT AGREEMENT FOR THE BRENTWOOD LIONS CLUB RECORDED SEPTEMBER 16, 1987, IN BOOK 13900 AT PAGE 567 IDENTIFIED AS APN 012-170-003, BOTH PROPERTIES GENERALLY LOCATED ON THE EAST SIDE OF WALNUT BOULEVARD BETWEEN BALFOUR ROAD AND OAK STREET, FOR THE WALNUT BOULEVARD WIDENING, CIP PROJECT NO. 336-3056.

WHEREAS, the City of Brentwood has entered into an agreement with the owners of the Walnut Acres Mobile Home Park and entered into an agreement with the Brentwood Lions Club for dedication of a 40-foot strip of land for roadway purposes and public improvements; and

WHEREAS, said agreements provides that the property owners shall not be required to dedicate until the City Council passes a resolution declaring the public interest and necessity of constructing such improvements; and

WHEREAS, the City Council of the City of Brentwood finds that the current vehicular, bicycle and pedestrian traffic situation will be improved through the widening of Walnut Boulevard and the installation of public improvements; and

WHEREAS, on May 26, 1998, City Council approved an updated Master Agreement, Administering Agency-State Agreement for Federal Aid Projects, No. 04-5300; and

WHEREAS, on May 16, 2000, by Resolution No. 00-31, Planning Commission approved the Negative Declaration and determined that the 2000/01 – 2005/06 Capital Improvement Program (CIP) was consistent with the adopted Brentwood General Plan; and

WHEREAS, on May 23, 2000, by Resolution No. 2076, City Council adopted the 2000/01 – 2004/05 Capital Improvement Program that included the Walnut Boulevard Widening, CIP Project No. 336-3056; and

WHEREAS, on June 27, 2000, City Council authorized the City Manager to sign a design contract with Harris & Associates for the design of Walnut Boulevard Widening, CIP Project No. 336-3056, from Balfour Road to Oak Street; and

WHEREAS, on March 13, 2001, by Resolution No. 2249, City Council authorized the City Manager to execute a Program Supplement Agreement No. 002-M to Administering Agency-State Agreement No. 04-5300, for reimbursement of costs for preliminary engineering for the Walnut Boulevard Widening, CIP Project No. 336-3056; and

WHEREAS, on May 18, 2004, by Resolution No. 04-31, Planning Commission approved the Negative Declaration and determined that the 2004/05 – 2008/09 Capital Improvement Program was consistent with the adopted Brentwood General Plan; and

WHEREAS, on May 25, 2004, by Resolution No. 2004-113, City Council adopted the 2004/05 – 2008/09 Capital Improvement Program that included the Walnut Boulevard Widening, CIP Project No. 336-3056; and

WHEREAS, a Resolution of Public Interest and Necessity is required for the dedication of the 40-foot strip described in the Deferred Improvement Agreement for the Walnut Acres Mobile Home Park dated June 13, 1972, identified as APN 012-170-005 and the Deferred Improvement Agreement for the Brentwood Lions Club recorded September 16, 1987, in Book 13900 at Page 567 identified as APN 012-170-003, both properties generally located on the east side of Walnut Boulevard between Balfour Road and Oak Street, for the Walnut Boulevard Widening, CIP Project No. 336-3056.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood, that the Resolution of Public Interest and Necessity is approved.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 11th day of January 2005 by the following vote:
 

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