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CITY COUNCIL AGENDA ITEM NO. 21

Meeting Date: November 13, 2007
Subject/Title: Adopt a Resolution approving and authorizing the City Manager or designee to execute an Agreement for Dedication of Real Property with Glenn Stonebarger and Jeannie Stonebarger, Trustees of the Glenn Stonebarger and Jeannie Stonebarger Family Trust, generally located south of Balfour Road on the east side of Guthrie Lane and west of Sellers Avenue, for the school access in the future Brentwood Business Park Improvement Project, and accepting the Irrevocable Offer to Dedicate for recording purposes only.

Prepared by: Marie Sullivan, Right-of-Way Specialist

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

RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or designee to execute an Agreement for Dedication of Real Property, identified as APN 010-160-017, with Glenn Stonebarger and Jeannie Stonebarger, Trustees of the Glenn Stonebarger and Jeannie Stonebarger Family Trust, generally located south of Balfour Road on the east side of Guthrie Lane and west of Sellers Avenue, for the school access in the future Brentwood Business Park Improvement Project, and accepting the Irrevocable Offer to Dedicate for recording purposes only.

PREVIOUS ACTION
On September 26, 2006, by Resolution No. 2006-234, City Council approved a Memorandum of Understanding (“MOU”) between the City, Liberty Union High School District and the property owners of the future Brentwood Business Park for the development and cost sharing of the infrastructure to serve the school parcel and business park.

On June 5, 2007, by Resolution No. 07-043, Planning Commission confirmed that the proposed 2007/08 – 2011/12 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.

On June 12, 2007, by Resolution No. 2007-126, City Council adopted the City’s 2007/08 – 2011/12 Capital Improvement Program that included the Brentwood Business Park Improvements Project.

BACKGROUND
Liberty Union High School District purchased a school site in the proposed Brentwood Business Park in October 2006. Current plans are to relocate La Paloma High School from Lone Tree Way to this site. City staff appeared before City Council on May 8, 2007 for the purpose of obtaining approval to negotiate for the road right-of-way required to access the school site and construct the necessary infrastructure.

The dedicated road right-of-way from the vested property owner is located in the proposed Brentwood Business Park. This dedication would be required as a condition of approval at such time as their property is subdivided or developed under the City of Brentwood’s Development Fee Program. Therefore, in an effort to assist the school district, this right-of-way is being dedicated early at no cost to the City. However, since there is currently producing cherry trees in the dedicated area the City has agreed to compensate the vested property owner for the loss income due to this early dedication.

The Brentwood Business Park Improvement Project consists of the construction of the infrastructure improvements to serve the industrial park, including widening of Guthrie Lane south of Balfour Road to a two-lane industrial/commercial street. This project will improve traffic flow and safety and will serve the proposed La Paloma High School and the future industrial park. Additional infrastructure necessary to serve the remainder of the business park will be incorporated into the developer’s conditions of approval. The City’s financial obligation under the Brentwood Business Park Improvement Project is outlined in the previously approved MOU between the City, Liberty Union High School District and property owners.

As a companion item to the right-of-way dedication, a Development Cooperation Agreement is also before the Council for consideration. The agreement outlines construction responsibilities, cost sharing and timeframe for development of the first phase of the business park improvements that will also serve the school parcel.

The acquisition of this roadway dedication is essential to construct the necessary roads to accommodate this school site and the school’s timeframe. The City will accept the property and make payment for compensation of the cherry trees, referred to in the agreement attached hereto, after all requirements for transfer have been met.

FISCAL IMPACT
An amendment to the CIP Budget Sheet to reflect project funding and timing is on this evening's Council Agenda for approval. The City's share of infrastructure for the development of the business park will be funded through Planned Employment Center funds, the Liberty Union High School District's contribution and a benefit district will be formed to reimburse the City to recover costs from future development.

Attachments:
Resolution
Site Map/Project Map
Agreement for Dedication of Real Property


RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT FOR DEDICATION OF REAL PROPERTY, IDENTIFIED AS APN 010-160-017, WITH GLENN STONEBARGER AND JEANNIE STONEBARGER, TRUSTEES OF THE GLENN STONEBARGER AND JEANNIE STONEBARGER FAMILY TRUST, GENERALLY LOCATED SOUTH OF BALFOUR ROAD ON THE EAST SIDE OF GUTHRIE LANE AND WEST OF SELLERS AVENUE, FOR THE SCHOOL ACCESS IN THE FUTURE BRENTWOOD BUSINESS PARK IMPROVEMENT PROJECT, AND ACCEPTING THE IRREVOCABLE OFFER TO DEDICATE FOR RECORDING PURPOSES ONLY.


WHEREAS, on September 26, 2006, by Resolution No. 2006-234, City Council approved a Memorandum of Understanding between the City, Liberty Union High School District and the property owners of the future Brentwood Business Park for the development and cost sharing of the infrastructure to serve the school parcel and business park; and

WHEREAS, on June 5, 2007, by Resolution No. 07-043, Planning Commission confirmed that the proposed 2007/08 – 2011/12 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 June 12, 2007, by Resolution No. 2007-126, City Council adopted the City’s 2007/08 – 2011/12 Capital Improvement Program that included Brentwood Business Park Improvements Project; and

WHEREAS, real property generally located south of Balfour Road on the east side of Guthrie Lane and west of Sellers Avenue, is necessary to construct the roadway necessary to provide access to the school site in the future Brentwood Business Park; and

WHEREAS, an agreement for dedication between the City of Brentwood and the vested property owner has been developed and is necessary to ensure that the property is appropriately dedicated.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby:

1. Approve and authorize the City Manager or designee to execute an Agreement For Dedication of Real Property, identified as APN 010-160-017, with Glenn Stonebarger and Jeannie Stonebarger, Trustees of the Glenn Stonebarger and Jeannie Stonebarger Family Trust, generally located south of Balfour Road on the east side of Guthrie Lane and west of Sellers Avenue, for the school access in the future Brentwood Business Park Improvement Project, which includes the payment of $42,240, upon the City’s acceptance of the dedicated property.
2. Accept the Irrevocable Offer to Dedicate for recording purposes only.
3. Authorize the City Manager or designee to execute such documents as may be necessary to prepare for and place title in a position to accept the dedicated property.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of November 2007 by the following vote:

 
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