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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 4

Meeting Date: March 8, 2005
Subject/Title: Adopt a Resolution approving the Purchase Agreement with Stephan and Dina Master for the Surface Water Treatment Facility Phases l & ll, CIP Project No. 562-5629.

Prepared by: Engineering: M. Sullivan

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Adopt a Resolution approving an agreement for purchase of an easement with Stephan Master and Dina S. Master as Co-Trustees of the Master Family 1998 Revocable Trust dated May 21, 1998, for a portion of real property identified as APN 053-071-020, generally located north of Neroly Road and west of Empire Avenue in the City of Oakley, 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 Easement Deed.

PREVIOUS ACTION
On September 26, 1995, City Council approved Resolution No. 95-215, authorizing the execution of an agreement with the Contra Costa Water District for water supply.

On March 10, 1998, City Council approved Resolution No. 98-41, approving the principles of the agreement between East Contra Costa Irrigation District (ECCID), Contra Costa Water District (CCWD) and the City of Brentwood for Long-Term Water Supply and authorizing the City Engineer to continue negotiations with ECCID and CCWD to reach a mutually beneficial agreement for all parties.

On December 14, 1999, City Council approved Resolution No. 99-254, approving the agreements between East Contra Costa Irrigation District (ECCID), Contra Costa Water District (CCWD) and the City of Brentwood for long-term water supply, conveyance and treatment.

On August 12, 2003, City Council approved Resolution No. 2947, authorizing the City Manager to execute the amendment to the agreement with the Contra Costa Water District pertaining to treated water services.

On August 12, 2003, City Council approved Resolution No. 2944, authorizing the City Manager to execute a Professional Services Agreement for Raines, Melton & Carella, Inc. for the Design Contract for the Surface Water Treatment Facility – Phase I, CIP Project No. 562-5629.

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 Surface Water Treatment Facility - Phases l & ll, CIP Project No. 562-5629.

On August 24, 2004, City Council approved Resolution No. 2004-206, authorizing the City Manager to execute an agreement with the Contra Costa Water District pertaining to long term treated water services as a part of the Surface Water Treatment Facility - Phase II, CIP Project No. 562-5629.

On December 14, 2004, City Council approved Resolution No. 2004-283, authorizing the City Manager to execute a Professional Services Agreement with The Covello Group, Inc., to provide construction management assistance for the Surface Water Treatment Facility – Phase l, CIP Project No. 562-5629 and amend the CIP project budget and create a new CIP Project.

On January 25, 2005, City Council approved Resolution No. 2004-23, approving the Contract Documents and awarding the Construction Contract for the Surface Water Treatment Facility – Phase I, CIP Project No. 562-5629 to Tidelands Construction Company.

BACKGROUND
The agreement between ECCID and Brentwood approved by the City Council in December of 1999, provided the City with the first right of refusal of 14,800 acre-feet of water annually to be used for municipal purposes. Additionally, the City Council approved an agreement with CCWD in December of 1999, to resolve overlapping service boundaries, provide interim treatment of this new found water source at CCWD’s Randall-Bold Water Treatment Plant (RBWTP) and require both agencies to continue discussions for long treatment possibilities.

Currently the City pumps this water from the RBWTP through a pipeline owned and operated by the Diablo Water District under a separate agreement. As the City of Oakley continues to grow, which is essentially DWD’s service area, there will become less and less capacity available in the pipeline currently utilized by Brentwood. Additionally, it was always understood that this wheeling agreement was to be an interim solution until the City could evaluate alternatives for treatment of its surface water supply and locate a treatment facility.

As a part of the analysis for the long term delivery of treated water to Brentwood, a pipeline and pump station would need to be constructed to deliver treated water from RBWTP as well as the proposed treatment facility adjacent to RBWTP. However, it was concluded that this pipeline and pump station should be constructed now, to provide reliable and sufficient pumping and distribution capacity for the immediate delivery of water, from the purchased capacity in the existing RBWTP. The required environmental work and design have been completed and the pipeline and pumpstation (Phase I) construction contract has been awarded and is now under construction.

The acquisition of an easement on a portion of the Master’s property is just one of the acquisitions required as part of Phase l construction in order to complete the pipeline installation.

FISCAL IMPACT
The acquisition costs have been budgeted through Phase l of the Surface Water Treatment Facility Phase l & ll, CIP Project No. 562-5629. The future annual Operating/Maintenance Cost for Phase I has been estimated at approximately $60,000 a year.

Attachments:
Resolution
Site Map/Project Map
Agreement
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AGREEMENT FOR PURCHASE OF AN EASEMENT WITH STEPHAN MASTER AND DINA S. MASTER AS CO-TRUSTEES OF THE MASTER FAMILY 1998 REVOCABLE TRUST DATED MAY 21, 1998 FOR A PORTION OF REAL PROPERTY IDENTIFIED AS APN 053-071-020, GENERALLY LOCATED NORTH OF NEROLY ROAD AND WEST OF EMPIRE AVENUE IN THE CITY OF OAKLEY, 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 EASEMENT DEED.

WHEREAS, on September 26, 1995, City Council approved Resolution No. 95-215, authorizing the execution of an agreement with the Contra Costa Water District for water supply; and

WHEREAS, on March 10, 1998, City Council approved Resolution No. 98-41, approving the principles of the agreement between East Contra Costa Irrigation District (ECCID), Contra Costa Water District (CCWD) and the City of Brentwood for Long-Term Water Supply and authorizing the City Engineer to continue negotiations with ECCID and CCWD to reach a mutually beneficial agreement for all parties; and

WHEREAS, on December 14, 1999, City Council approved Resolution No. 99-254, approving the agreements between East Contra Costa Irrigation District (ECCID), Contra Costa Water District (CCWD) and the City of Brentwood for long-term water supply, conveyance and treatment; and

WHEREAS, on August 12, 2003, City Council approved Resolution No. 2947, authorizing the City Manager to execute the amendment to the agreement with the Contra Costa Water District pertaining to treated water services; and

WHEREAS, on August 12, 2003, City Council approved Resolution No. 2944, authorizing the City Manager to execute a Professional Services Agreement for Raines, Melton & Carella, Inc. for the Design Contract for the Surface Water Treatment Facility – Phase I, CIP Project No. 562-5629; 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 Surface Water Treatment Facility - Phases l & ll, CIP Project No. 562-5629; and

WHEREAS, on August 24, 2004, City Council approved Resolution No. 2004-206, authorizing the City Manager to execute an agreement with the Contra Costa Water District pertaining to long term treated water services as a part of the Surface Water Treatment Facility - Phase II, CIP Project No. 562-5629; and

WHEREAS, on December 14, 2004, City Council approved Resolution No. 2004-283, authorizing the City Manager to execute a Professional Services Agreement with The Covello Group, Inc., to provide construction management assistance for the Surface Water Treatment Facility – Phase l, CIP Project No. 562-5629 and amend the CIP project budget and create a new CIP Project; and

WHEREAS, on January 25, 2005, City Council approved Resolution No. 2004-23, approving the Contract Documents and awarding the Construction Contract for the Surface Water Treatment Facility – Phase I, CIP Project No. 562-5629 to Tidelands Construction Company; and

WHEREAS, real property generally located north of Neroly Road and west of Empire Avenue in the City of Oakley, is needed for the Surface Water Treatment Facility – Phase l & ll, CIP Project No. 562-5629; and

WHEREAS, a purchase agreement between the City of Brentwood and the vested property owners has been developed and is necessary to transfer property.

NOW, THEREFORE BE IT RESOLVED, that the Mayor or the 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 Easement Deed.

BE IT FURTHER RESOLVED, that the City of Brentwood hereby accepts the real property described in the Easement Deed.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 8th day of March 2005 by the following vote:
 

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