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CITY COUNCIL AGENDA ITEM NO. 21

Meeting Date: April 24, 2007

Subject/Title: Adopt a Resolution approving and authorizing the City Manager to amend the Easement Documents and execute the necessary documents with the Contra Costa Water District pertaining to long term treated water services as a part of the Surface Water Treatment Facility - Phase I & II, CIP Project No. 562-56290.

Prepared by: Paul Eldredge, Assistant Director of Public Works/Assistant City Engineer

Submitted by: Bailey Grewal, Director of Public Works/City Engineer


RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager to amend the Easement Documents and execute the necessary documents with the Contra Costa Water District (CCWD) pertaining to long term treated water services as a part of the Surface Water Treatment Facility – Phase I & II, CIP Project No. 562-56290.

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

On March 10, 1998, by Resolution No. 98-41, City Council approved 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 authorized the City Engineer to continue negotiations with ECCID and CCWD to reach a mutually beneficial agreement for all parties.

On December 14, 1999, by Resolution No. 99-254, City Council approved 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, by Resolution No. 2949, City Council authorized 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, by Resolution No. 2944, City Council approved and authorized the City Manager to execute a Professional Services Agreement with Raines, Melton & Carella, Inc. for the Design Contract for the Surface Water Treatment Facility – Phase I, CIP Project No. 562-56290.

On August 24, 2004, by Resolution No. 2004-206, City Council approved and authorized 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. 562-56290.

On December 14, 2004, by Resolution No. 2204-283, City Council approved and authorized the City Manager to execute a Professional Services Agreement for The Covello Group, Inc. to provide construction management assistance for the Surface Water Treatment Facility – Phase I, CIP Project No. 562-56290.

On January 25, 2005, by Resolution No. 2005-23, City Council approved the contract documents and awarded the construction contract for the Surface Water Treatment Facility – Phase I, CIP Project No. 562-56290, to Tidelands Construction Company and authorized the City Manager to execute the agreement and necessary documents.

On September 12, 2006, by Resolution No. 2006-220, City Council approved and authorized the City Manager to execute an amendatory 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. 562-56290 and amended the CIP and Water Enterprise Budgets.

BACKGROUND
The agreement between ECCID and the City of Brentwood (“City”), 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 and industrial purposes. The City Council approved an agreement with CCWD in December of 1999, to: 1) resolve overlapping service boundaries, 2) provide interim treatment of this water source at CCWD’s Randall-Bold Water Treatment Plant (RBWTP) and 3) require both agencies to continue discussions for long-term treatment possibilities.

Staff from CCWD and the City, have analyzed several options to provide the long-term treatment of this water. The options have ranged from the City constructing its own facility adjacent to the RBWTP, to jointly expanding RBWTP with CCWD, or jointly constructing a facility with CCWD. During the analysis of these alternatives, it was determined that a “hybrid” approach was the most optimal and cost effective solution for both the City and CCWD. This approach consists of the City purchasing 3,200 acre-feet/year of existing treatment capacity in the RBWTP and then constructing a scaled down water treatment facility adjacent to the RBWTP.

The easement documents are to secure the necessary property rights in favor of the City for the phase I pump station and pipeline as well as the phase II water treatment plant and appurtenances and were originally approved and attached to the agreement Council approved on September 12, 2006. Shortly after the approval of the agreement and easement documents CCWD requested a few minor revisions to the documents. After review, staff and outside legal counsel concluded that the requested changes are minor and do not jeopardize or minimize the property rights the City had previously secured. Staff is recommending the easement documents be amended by Council, and if so, replaced and attached to the agreement approved in September of 2006. There are no changes to the agreement itself; therefore, it is incorporated into this staff report via reference only.

FISCAL IMPACT
There is no new net fiscal impact associated with the approval of the amended easement documents, as any costs associated with the easements were previously accounted for in the September 2006 approval.

Attachments:
Resolution
Easement Documents and Exhibits
Site Map
RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER TO AMEND THE EASEMENT DOCUMENTS AND EXECUTE THE NECESSARY DOCUMENTS WITH THE CONTRA COSTA WATER DISTRICT PERTAINING TO LONG TERM TREATED WATER SERVICES AS A PART OF THE SURFACE WATER TREATMENT FACILITY - PHASE I & II, CIP PROJECT NO. 562-56290.


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

WHEREAS, on December 14, 1999, by Resolution No. 99-254, City Council approved 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 24, 2004, by Resolution No. 2004-206, City Council approved and authorized 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. 562-56290; and

WHEREAS, on September 12, 2006, by Resolution No. 2006-220, City Council approved and authorized the City Manager to execute an amendatory 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. 562-56290 and amended the CIP and Water Enterprise Budgets; and

WHEREAS, shortly after the approval of the agreement and easement documents CCWD requested a few minor revisions to the document; and

WHEREAS, after review, staff and outside legal counsel concluded that the requested changes are minor and do not jeopardize or minimize the property rights the City had previously secured; and

WHEREAS, staff is recommending the easement documents be amended by Council, and if so, replaced and attached to the agreement approved in September of 2006.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager to amend the easement documents and execute the necessary documents with the Contra Costa Water District pertaining to long term treated water services as a part of the Surface Water Treatment Facility - Phase I & II, CIP Project No. 562-56290.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 24th day of April 2007 by the following vote:
 

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