To: HONORABLE MAYOR AND From: Katy Allen

CITY COUNCIL

Subject: TRAFFIC SIGNAL UNIT 1A Date: 10-29-03

CONCOURSE & LUNDY –

UTILITY EASEMENTS

Council District: 4

RECOMMENDATION

Adoption of a resolution:

a. Authorizing the City Manager to accept a public utility easement from Bedford Property Investors, Inc., for a public utility easement located near the Concourse and Lundy intersection for a cost not to exceed $1,159 and to execute all documents necessary to complete the transaction; and

b. Approving of an agreement for purchase of a public utility easement located north of the Concourse and Lundy intersection, by and between the City of San José and Flextronics International USA, Inc., for $1,230.

CEQA: Exempt, PP01-11-193.

BACKGROUND

The installation of a new traffic signal system at Concourse Drive and Lundy Avenue intersection is part of Traffic Signal Unit 01A Project. Traffic Signal Unit 01A Project includes four intersections on which the City will install signal standards, signal display equipment, conduit and electrical systems, vehicular and pedestrian detection systems, street lighting, and related improvements.

During the design phase of this project, Pacific Gas and Electric Company’s (PG&E) identified the available service point location for providing power for Concourse Drive and Lundy Avenue intersection. After construction started, PG&E determined that this service point was not available. An alternative service point is located approximately 640 feet further than the service point as shown on the plans and is located on private property. The traffic signal poles and equipment are installed. However, the signal cannot be energized until the service point is provided.

ANALYSIS

The property being received from Bedford Property Investors and Flextronics is property necessary in order to run the necessary cable to the traffic signal to provide it with power. Under the franchise agreement between the City and PG&E, PG&E has no responsibility to purchase private property rights for a City project making it necessary for the City to purchase these rights. The City is acquiring easements for this project so that a service point can be provided to activate the traffic signal system at Concourse Drive and Lundy Avenue intersection. A map showing the subject property is attached as Exhibit A.

PUBLIC OUTREACH

Multiple communications both oral and written occurred between City staff and representatives of Flextronics and Bedford Property Investors. Final agreement was reached with both Bedford Property Investors and Flextronics for the transfer of the Property.

COORDINATION

Preparation of this staff memo has been coordinated with the City Attorney’s Office, the City Manager’s Budget Office and the Departments of Transportation and Planning, Building and Code Enforcement.

COST IMPLICATIONS

The public utility easements will cost an estimated $2,389. Nominal escrow fees are also anticipated. These costs will be funded as part of the Traffic Signals project in the Building and Structure Construction Tax Fund.

BUDGET REFERENCE

Fund #	Appn #	Appn Name	RC #	Total Appn	Amt for Contract	Adopted Budget Page	Last Budget Action
429	4321	Traffic Signals	115503	$4,203,000	$2,389	864	10/14/03, Ord. No. 26997

CEQA

Exempt, PP01-11-193.

KATY ALLEN

Director, Public Works Department