REPORT TO COUNCIL
SUBJECT
Title
Action on an Agreement and Covenant Running with the Land for the Transfer of Property at 1205 Coleman Avenue
Report
BACKGROUND
TOD Brokaw, LLC, the property owner, is proposing a mixed-use development (also known as Gateway Crossings) to construct 1,600 residential units, a 182,000 square foot hotel, 15,000 square feet of retail, and a public park on approximately 24 acres at the southeast corner of Coleman Avenue and Brokaw Road (1205 Coleman Avenue). The property owner is requesting to grant to the City, in fee title, a portion of Coleman Avenue that was previously dedicated as a street easement for public right-of-way purposes. Of note is that there is an adjacent strip of property, which is also a public right-of-way that the City currently owns in fee title.
DISCUSSION
Staff reviewed this proposal, did not find any concerns, and tentatively agreed to accept the grant area to be consistent with the adjacent strip of property owned in fee by the City. The tentative acceptance of this proposal was also based on a condition that the property owner enters into an agreement accepting full responsibility for the remediation of any existing hazardous materials that are found within the dedication area. This area is used as a portion of the Coleman Avenue public right-of-way and there is no current evidence of any contamination. However, the purpose of the agreement is to protect the City’s interest in case any contamination is discovered in the future that can be traced back to conditions prior to the transfer.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
There is no additional cost to the City other than staff time and expense. The owner is responsible for all remediation costs of any existing hazardous materials.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
1. Approve and authorize the City Manager to execute the Agreement and Covenant Running with the Land with TOD Brokaw, LLC for the transfer of property with the property owner accepting full responsibility for the remediation of any existing hazardous materials within the grant area at 1205 Coleman Avenue [APN 230-46-069 and 070 (2018-19); SC 19,081]; and
2. Authorize the recordation thereof.
Staff
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Agreement