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OCTOBER 8, 2019 CITY COUNCIL/SUCCESSOR AGENCY AGENDA CITY COUNCIL CHAMBERS, 150 CITY PARK WAY Pursuant to Section 54956 of the California Government Code, a special meeting of the City Council is hereby called for October 8, 2019, at 5:00 p.m. or as soon thereafter as possible. AMENDED SPECIAL MEETING AGENDA CALL TO ORDER & ROLL CALL PUBLIC COMMENTS At this time the public is permitted to address the City Council on items that are on the Closed Session Agenda, or items not on the agenda. Unless otherwise stated by the Mayor, persons addressing the City Council are required to limit their remarks to five (5) minutes unless an extension of time is granted by the Mayor, subject to approval of the Council. Please file your name with the City Clerk on the form provided on the counter at the back of the Chambers. Speakers desiring answers to questions should direct them to the Council and, if relevant, the Council may direct them to the appropriate staff member. ADJOURN TO CLOSED SESSION 150 City Park Way, Closed Session Room 1. CONFERENCE WITH LABOR NEGOTIATORS [Gov’t. Code § 54957.6] City Designated Representatives: Gustavo “Gus” Vina, City Manager Terrence Grindall, Assistant City Manager Sukari Beshears, Director of Human Resources/Risk Manager Kerry Breen, City Treasurer/Director of Finance and Information Systems Gregory Ramirez, IEDA Employee Organizations: Brentwood Police Officers’ Association Brentwood Police Lieutenants Brentwood Managers and Confidential Employees’ Association Brentwood Supervisors and Professional Employees’ Association Brentwood Employees’ Association/Miscellaneous Office Division Brentwood Employees’ Association/Public Works Division Unrepresented Employees: Assistant City Manager; Directors of Community Development, Finance and Information Systems/City Treasurer, Human Resources/Risk Manager, Parks and Recreation, and Public Works/City Engineer; Chief of Police; Assistant Directors of Public Works and Finance and Information Systems; Police Captains; Assistant City Attorney; and Deputy City Attorney RECONVENE IN OPEN SESSION REPORT ON CLOSED SESSION (IF ANY) ADJOURN CITY COUNCIL

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Page 1: Agenda - Tuesday, October 8, 2019 - Brentwood City, CA

OCTOBER 8, 2019 CITY COUNCIL/SUCCESSOR AGENCY AGENDA

CITY COUNCIL CHAMBERS, 150 CITY PARK WAY

Pursuant to Section 54956 of the California Government Code, a special meeting of the City Council is hereby called for

October 8, 2019, at 5:00 p.m. or as soon thereafter as possible. AMENDED SPECIAL MEETING AGENDA

CALL TO ORDER & ROLL CALL PUBLIC COMMENTS At this time the public is permitted to address the City Council on items that are on the

Closed Session Agenda, or items not on the agenda. Unless otherwise stated by the Mayor, persons addressing the

City Council are required to limit their remarks to five (5) minutes unless an extension of time is granted by the Mayor, subject to approval of the Council. Please file your name with the City Clerk on the form provided on the counter at the back of the Chambers. Speakers desiring answers to questions should direct them to the Council and, if relevant, the Council may direct them to the appropriate staff member.

ADJOURN TO CLOSED SESSION – 150 City Park Way, Closed Session Room

1. CONFERENCE WITH LABOR NEGOTIATORS

[Gov’t. Code § 54957.6]

City Designated Representatives: Gustavo “Gus” Vina, City Manager Terrence Grindall, Assistant City Manager Sukari Beshears, Director of Human Resources/Risk Manager Kerry Breen, City Treasurer/Director of Finance and Information Systems Gregory Ramirez, IEDA

Employee Organizations:

Brentwood Police Officers’ Association Brentwood Police Lieutenants Brentwood Managers and Confidential Employees’ Association Brentwood Supervisors and Professional Employees’ Association Brentwood Employees’ Association/Miscellaneous Office Division Brentwood Employees’ Association/Public Works Division

Unrepresented Employees: Assistant City Manager; Directors of Community Development, Finance and Information Systems/City Treasurer, Human Resources/Risk Manager, Parks and Recreation, and Public Works/City Engineer; Chief of Police; Assistant Directors of Public Works and Finance and Information Systems; Police Captains; Assistant City Attorney; and Deputy City Attorney

RECONVENE IN OPEN SESSION REPORT ON CLOSED SESSION (IF ANY) ADJOURN CITY COUNCIL

Page 2: Agenda - Tuesday, October 8, 2019 - Brentwood City, CA

OCTOBER 8, 2019 CITY COUNCIL/SUCCESSOR AGENCY AGENDA

PAGE 2 OF 3

7:00 PM – CITY COUNCIL/SUCCESSOR AGENCY MEETING

CALL TO ORDER & ROLL CALL

PLEDGE OF ALLEGIANCE

A. PRESENTATIONS

A.1 PRESENTATION: Street Dedication in honor of Sgt. Scott Lunger. (Tim Nielsen/Chris Ziemann)

A.2 PRESENTATION: Stolen Vehicle Recovery Award. (Thomas Hansen) A.3. PRESENTATION: A.L.I.C.E. Certification (Sukari Beshears)

PUBLIC COMMENTS

At this time the public is permitted to address the City Council/Successor Agency on items that are listed under Presentations; Informational Reports from Council Members, Committee, Liaisons, and Staff; on the Consent Calendar; Requests for Future Agenda Items; or items not on the agenda. Persons addressing the City Council/Successor Agency are required to limit their remarks to five (5) minutes unless an extension of time is granted by the Mayor subject to approval of the City Council/Successor Agency. Please file your name with the City Clerk on the form provided on the counter at the back of the Chambers. Speakers desiring answers to questions should direct them to the City Council/Successor Agency and, if relevant, the City Council/Successor Agency may direct them to the appropriate staff member.

B. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS AND STAFF

This portion of the agenda is to provide an opportunity for Council Members to report on attendance at events, subcommittee meetings, and entities on which the Council Member has been appointed as a liaison and for staff to provide brief updates and/or information to the City Council.

C. CONSENT CALENDAR

All matters listed on the consent calendar are considered routine in nature and will be enacted by one

motion. If discussion is required, that particular item will be removed from the consent calendar and will be

considered separately.

C.1. Minutes of the City Council/Successor Agency meeting of September 24, 2019. (Margaret Wimberly)

C.2. A Resolution authorizing the City Manager to execute the Multi-Party Mitigation and Land Dedication In-Lieu of Development Fee Agreement between and amongst the City of Brentwood; the City of Pittsburg; the East Contra Costa County Habitat Conservancy; Nortonville, LLC; Seecon Built Homes, Inc.; and West Coast Home Builders, Inc. (Casey McCann/Erik Nolthenius)

C.3. A Resolution accepting basin landscape improvements on Parcels A and B in the Amberfield (Subdivision 9387) development for maintenance by the City and requesting that the City Clerk file this Resolution with the Recorder of Contra Costa County. (Bruce Mulder/Aaron Wanden/Joe Odrzywolski)

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OCTOBER 8, 2019 CITY COUNCIL/SUCCESSOR AGENCY AGENDA

PAGE 3 OF 3

C.4. Consideration of Resolutions for annexation of territory into Community Facilities District No. 5, and set a public hearing date of November 12, 2019. (Miki Tsubota/Debra Galey)

C.5. A Resolution approving application(s) for Per Capita Grant funds and designating the City Manager or his designee as the City’s agent for conducting all negotiations and making certain certifications as required by the grant program and by Minute Action authorize the Director of Finance to, under specified circumstances, make administrative adjustments to appropriations regarding this grant. (Bruce Mulder/Aaron Wanden/Tammy Homan)

D. REQUEST FOR FUTURE AGENDA ITEMS

D.1. NEW REQUEST(S) Council Members wishing to have an agenda item placed on a future agenda shall make a request

under this section of the agenda. These items will be included on the agenda for the next Council

meeting.

D.2. REQUESTED ITEMS

D.2.1. Future agenda item request from Vice Mayor Bryant for City Council discussion of, and possible direction to staff, related to a review of the Sign ordinance for A Frame signs outside of the Downtown Area. (Gustavo "Gus" Vina)

ADJOURNMENT

Any disclosable public records related to an agenda item for the open session of this meeting distributed to all or a majority of the City Council less than 72 hours before this meeting is available for inspection at City Hall, located at 150 City Park Way, during normal business hours. These writings will also be available for review at the City Council meeting in the public access binder in the entrance of the City Council Chambers. If you challenge the any of the matters listed under 'Public Hearings' in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Brentwood City Council at, or prior to, the public hearing.

NOTICE In compliance with the Americans with Disabilities Act, the meeting room is wheelchair accessible and disabled parking is available at the City Hall parking lot. If you are a person with a disability and you need disability-related modifications or accommodations to participate in this meeting, please contact the City Clerk's Office at (925) 516-5440 or fax (925) 516-5441. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. {28 CFR 35.102-35, 104 ADA Title II}

POSTING STATEMENT On October 3, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov

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Page 5: Agenda - Tuesday, October 8, 2019 - Brentwood City, CA

SEPTEMBER 24, 2019 CITY COUNCIL/SUCCESSOR AGENCY MINUTES

CITY COUNCIL CHAMBERS, 150 CITY PARK WAY

5:30 PM - SPECIAL MEETING

CALL TO ORDER AND ROLL CALL

Mayor Taylor called the special meeting to order at 5:30 p.m. Roll call found Council Members Bryant, Rarey, Rodriguez, Staton and Mayor Taylor present.

PUBLIC COMMENTS

None.

ADJOURN TO CLOSED SESSION

It was moved/seconded by Rarey/Staton to adjourn to closed session. Motion carried with Council Members Bryant, Rarey, Rodriguez, Staton and Mayor Taylor in favor.

1. CONFERENCE WITH LABOR NEGOTIATORS [Gov’t. Code § 54957.6]

RECONVENE IN OPEN SESSION

The City Council reconvened in open session with no action to report.

ADJOURN CITY COUNCIL

It was moved/seconded by Staton/Rodriguez to adjourn the City Council. Motion carried with Council Members Bryant, Rarey, Rodriguez, Staton and Mayor Taylor in favor.

7:00 PM - REGULAR CITY COUNCIL/SUCCESSOR AGENCY MEETING

CALL TO ORDER & ROLL CALL

Mayor Taylor called the City Council meeting to order at 7:00 p.m. Attendee Name Title Status Arrived

Joel R. Bryant Vice Mayor Present 7:00 PM

Karen Rarey Council Member Present 7:00 PM

Johnny Rodriguez Council Member Present 7:00 PM

Claudette Staton Council Member Present 7:00 PM

Robert Taylor Mayor Present 7:00 PM

PLEDGE OF ALLEGIANCE

Mayor Taylor led the Pledge of Allegiance.

PUBLIC COMMENTS

Greg Enholm, Contra Costa College District Trustee, spoke regarding the State of the District meeting to be held on Tuesday, October 1, 2019.

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SEPTEMBER 24, 2019 CITY COUNCIL/SUCCESSOR AGENCY MINUTES

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A. PRESENTATIONS

A.1. Proclamation recognizing Code Enforcement Officer Appreciation Week October 6th - October 12th 2019.

Mayor Taylor presented a proclamation to Code Enforcement staff.

B. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS AND STAFF

Council Member Staton reported on attendance at the Contra Costa County Aviation Advisory Committee meeting, the Northern Waterfront Economic Development Initiative ad-hoc meeting, the Contra Costa Community College District meeting, a League of California Cities conference call on pending bills, the Labor to Labor appreciation dinner, and a tour of the plumbers and pipe fitting workshop. Vice Mayor Bryant reported on the Byron Airport Land Use Committee meeting, and the School Interagency meeting. Council Member Rarey reported on attendance at a meeting with Park and Recreation Commission members Stephanie Williams-Rogers, the Contra Costa County Aviation Advisory Committee meeting, the annual Labor to Labor dinner, the East Bay Developmental Disabilities Coalition meeting, the School Interagency Cooperation Committee meeting, the Contra Costa County Ag Land Use meeting, the Human Trafficking Action Day, Sip and Scoop's Ribbon Cutting, California Coastal Clean up along Marsh Creek, and the 2 Days of Stand Down on the Delta 2019.

Council Member Rodriguez reported on attendance at the Contra Costa County Aviation Advisory Committee meeting and the Rotary Gala. Mayor Taylor reported on attendance at the Delta Six meeting, the Kiddie Academy Ribbon Cutting, meetings with CCTA, and in addition to those events he submitted a memo to the City Clerk detailing the events and meetings he attended since the last regular City Council meeting.

C. CONSENT CALENDAR

It was moved/seconded by Bryant/Rodriguez to adopt Consent Calendar Items C.1 - C.2 as recommended by staff. Motion carried with Council Members Bryant, Rarey, Rodriguez, Staton and Mayor Taylor in favor.

RESULT: APPROVED [UNANIMOUS]

MOVER: Joel R. Bryant, Vice Mayor

SECONDER: Johnny Rodriguez, Council Member

AYES: Bryant, Rarey, Rodriguez, Staton, Taylor

C.1. City Council - City Council/Successor Agency - Sep 10, 2019 7:00 PM

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SEPTEMBER 24, 2019 CITY COUNCIL/SUCCESSOR AGENCY MINUTES

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C.2. Adopted Resolution 2019-105 approving the contract documents, awarding the bid, authorizing staff to issue a Notice to Proceed and authorizing the City Manager or designee to execute the construction contract and necessary documents with WC Fairchild, Inc. dba Xcede Construction for the tenant improvements at Big House Beans café as a part of the Library – New Construction Project, CIP # 337-37241 (Gustavo "Gus" Vina/Gail Leech)

D. BUSINESS ITEMS

D.1. A Resolution supporting the countywide imposition of one-half of one percent sales tax to fund transportation improvements in Contra Costa County and adopting the proposed Transportation Expenditure Plan conditionally amending the Growth Management Program, which includes Attachment A: Principles of Agreement for Establishing the Urban Limit Line in the Measure J Transportation Expenditure Plan to match that found in the 2020 Transportation Expenditure Plan; and finding that the proposed TEP is (Miki Tsubota/Steve Kersevan)

Following the presentation by CCTA staff, Mayor Taylor opened the public comment period. The following speakers spoke in support of the Resolution: Richard Lengyal, Jesse Peralez, Adam Stewart, and Mark Fuchs. There being no one else wishing to speak the public comment period was closed. It was moved/seconded by Rarey/Rodriguez to adopt Resolution 2019-106 supporting the countywide imposition of one-half of one percent sales tax to fund transportation improvements in Contra Costa County and adopting the proposed Transportation Expenditure Plan (“TEP”) conditionally amending the Growth Management Program (“GMP”), which includes Attachment A: Principles of Agreement for Establishing the Urban Limit Line (“ULL”) in the Measure J TEP to match that found in the 2020 TEP; and finding that the proposed TEP is not subject to the California Environmental Quality Act.

RESULT: ADOPTED [UNANIMOUS]

MOVER: Karen Rarey, Council Member

SECONDER: Johnny Rodriguez, Council Member

AYES: Bryant, Rarey, Rodriguez, Staton, Taylor

D.2. A Resolution to approve funding for the Downtown Outdoor Dining Furniture Grant Program for fiscal year 2019/2020, and authorizing the City Manager or his designee, to execute such documents necessary to carry out the Program, and to make non-substantive revisions to the Procedural Manual, Program Agreements and Program Documents as necessary for Program effectiveness. (Gustavo "Gus" Vina/Peggy Berglund)

Mayor Taylor opened the public comment period, there being no one wishing to speak it was closed. It was moved/seconded by Staton/Rarey to adopt Resolution 2019-107 approving funding for the Downtown Outdoor Dining Furniture Grant Program for fiscal year 2019/2020, and authorizing the City Manager or his designee, to execute such documents necessary to carry out the Program, and to make non-substantive revisions to the Procedural Manual, Program Agreements and Program Documents as necessary for Program effectiveness.

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SEPTEMBER 24, 2019 CITY COUNCIL/SUCCESSOR AGENCY MINUTES

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RESULT: ADOPTED [UNANIMOUS]

AYES: Bryant, Rarey, Rodriguez, Staton, Taylor

D.3. Approve the second amendment to the June 27, 2017 Amended City Attorney Employment Agreement and approve an amendment to the Salary Schedule in accordance with California Code of Regulations, Title 2, Section 570.5 and authorizing the Director of Human Resources to make ministerial revisions to the Salary Schedule to reflect the amendment (Sukari Beshears)

Mayor Taylor opened the public comment period, there being no one wishing to speak it was closed. It was moved/seconded by Rarey/Rodriguez to adopt Resolution 2019-108 approving the second amendment to the June 27, 2017 Amended City Attorney Employment Agreement and approve an amendment to the Salary Schedule in accordance with California Code of Regulations, Title 2, Section 570.5 and authorizing the Director of Human Resources to make ministerial revisions to the Salary Schedule to reflect the amendment.

RESULT: ADOPTED [UNANIMOUS]

MOVER: Karen Rarey, Council Member

SECONDER: Johnny Rodriguez, Council Member

AYES: Bryant, Rarey, Rodriguez, Staton, Taylor

E. REQUEST FOR FUTURE AGENDA ITEMS

E.1. NEW REQUEST(S)

Vice Mayor Bryant requested a review of the sign ordinance as it relates to A Frame signs outside of the downtown area.

ADJOURNMENT

It was moved/seconded by Rarey/Staton to adjourn. Motion carried with Council Members Bryant, Rarey, Rodriguez, Staton, and Mayor Taylor in favor.

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CITY COUNCIL AGENDA ITEM NO. 2

Meeting Date: October 8, 2019 Subject/Title: A Resolution authorizing the City Manager to execute the Multi-Party

Mitigation and Land Dedication In-Lieu of Development Fee Agreement between and amongst the City of Brentwood; the City of Pittsburg; the East Contra Costa County Habitat Conservancy; Nortonville, LLC; Seecon Built Homes, Inc.; and West Coast Home Builders, Inc.

Prepared by: Erik Nolthenius, Planning Manager Submitted by: Casey McCann, Community Development Director

RECOMMENDATION Adopt a Resolution authorizing the City Manager to execute the Multi-Party Mitigation and Land Dedication In-Lieu of Development Fee Agreement between and amongst the City of Brentwood; the City of Pittsburg; the East Contra Costa County Habitat Conservancy; Nortonville, LLC; Seecon Built Homes, Inc.; and West Coast Home Builders, Inc. CITY COUNCIL STRATEGIC INITIATIVE Not Applicable. PREVIOUS ACTION On January 23, 2007, the City Council adopted Resolution No. 2007-18 approving the Final Environmental Impact Report for the East Contra Costa County Habitat Conservation Plan / Natural Community Conservation Plan (HCP/NCCP), approving the final HCP/NCCP, and approving and authorizing execution of the implementing agreement and a joint exercise of powers agreement creating the East Contra Costa County Habitat Conservancy. On November 13, 2007, the City Council adopted Ordinance No. 850 implementing the East Contra Costa County HCP/NCCP by adding Chapter 16.168 to the Brentwood Municipal Code. BACKGROUND East Contra Costa County provides habitat to a wide variety of rare plants and animals. In order to receive approval to develop within this region, developers of qualifying projects are required to obtain the necessary permits from agencies that protect these natural resources. These agencies include, as applicable, the U.S. Fish and Wildlife Service at the federal level, as well as the California Department of Fish and Wildlife at the state level. The East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP) is a program that allows for the streamlined issuance of required permits from these state and federal agencies. Rather than require each proposed development project to pursue the permitting process with the responsible agencies, the HCP/NCCP provides a coordinated, regional approach to conservation and regulation. Developers within jurisdictions that have adopted the HCP/NCCP can use this streamlined approach to receive their permits through a single process. Under the HCP/NCCP, developers may be assessed a variety of applicable development-based fees that are intended to fund identified mitigation measures that will offset their project impacts,

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which may include loss of resources such as land cover and habitat for covered species. These fees include a development fee, a wetland fee, a rural road fee, and a temporary impact fee (collectively, Mitigation Fees). Though the payment of Mitigation Fees is the typical means of satisfying the HCP/NCCP, developers may also seek to comply with the program by alternative methods, which might include land dedication, wetland mitigation, deed restrictions for stream setbacks, or the like. Use of an alternative requires the approval of the Board of the East Contra Costa County Habitat Conservancy (Conservancy), the joint powers authority that administers the HCP/NCCP. Brentwood is a member of the Conservancy, and development projects within Brentwood can obtain their necessary habitat permits through use of the HCP/NCCP. Nortonville, LLC; Seecon Built Homes, Inc.; and West Coast Home Builders, Inc., are developers who own real property within and have submitted project applications to the cities of Brentwood and Pittsburg (also a member of the Conservancy). Collectively, these three developers (Landowner Parties) have requested that they be allowed to satisfy their HCP/NCCP obligations for two developments, Tuscany Meadows in Pittsburg and Bridle Gate in Brentwood, through alternative means, namely, the dedication of land and the payment of reduced Mitigation Fees. To this end, the Conservancy and the Landowner Parties have negotiated the Multi-Party Mitigation and Land Dedication In-Lieu of Development Fee Agreement (Agreement) before the City Council. The Agreement will:

Identify compliance terms. The Agreement will memorialize the alternative measures agreed to by the parties for the Landowner Parties to comply with the HCP. These measures are the dedication of over 205 acres of land, as well as access easements over additional acreage, and the payment of reduced Mitigation Fees. The Mitigation Fees payable for the Bridle Gate project in Brentwood would total some $3,156,000;

Set out remedies. The Agreement also identifies the remedies available to the other signatories if one or more parties should fail to carry out their obligations; and

Provide certainty to the parties. Assure the Landowner Parties that their full compliance with all terms and conditions of the Agreement and other applicable HCP requirements will result in the issuance of the necessary approvals the Conservancy is authorized to release and assure the participating cities that the Landowner Parties will not challenge the Mitigation Fees or HCP compliance methodology after the fact.

The Conservancy Board met on August 26, 2019, to consider the Agreement and voted to approve its execution. City staff understands that the Landowner Parties have likewise agreed to the terms set out in the Agreement and are prepared to sign it. The next steps are for the Cities of Brentwood and Pittsburg to seek authorization from their respective City Councils to do the same. Brentwood’s interests are served by executing this Agreement in that the City participates in the HCP/NCCP. The City thus shares the obligation to create and manage a preserve system for the species covered by the HCP/NCCP. This Agreement helps to reach that goal by providing for the dedication of a key property for the preserve system, as well as other valuable additions. In addition, Brentwood also has an obligation to ensure that HCP/NCCP-covered projects, such as Bridle Gate, comply with the HCP/NCCP. This Agreement sets forth the terms and conditions

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under which HCP/NCCP Mitigation Fees will be paid and land will be dedicated for the covered projects. The Agreement itself is attached for Council review. Due to the size of the attachments, they have not been printed for this packet. They may be found at: https://www.brentwoodca.gov/civicax/filebank/blobdload.aspx?BlobID=56914 FISCAL IMPACT Staff projects no fiscal impact to the City as a result of this Agreement as all mitigation fees paid in accordance to this agreement will be forwarded to the Conservancy. Attachments: Resolution Agreement (without exhibits)

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER TO EXECUTE THE MULTI-PARTY MITIGATION AND LAND DEDICATION IN-LIEU OF DEVELOPMENT FEE AGREEMENT BETWEEN AND AMONGST THE CITY OF BRENTWOOD; THE CITY OF PITTSBURG; THE EAST CONTRA COSTA COUNTY HABITAT CONSERVANCY; NORTONVILLE, LLC; SEECON BUILT HOMES, INC.; AND WEST COAST HOME BUILDERS, INC.

WHEREAS, on January 23, 2007, the City Council adopted Resolution No. 2007-18,

approving the Final Environmental Impact Report for the East Contra Costa County Habitat Conservation Plan / Natural Community Conservation Plan (HCP/NCCP), approving the final HCP/NCCP, and approving and authorizing execution of the implementing agreement and a joint exercise of powers agreement creating the East Contra Costa County Habitat Conservancy (Conservancy); and

WHEREAS, on November 13, 2007, the City Council adopted Ordinance No. 850

implementing the East Contra Costa County HCP/NCCP by adding Chapter 16.168 to the Brentwood Municipal Code; and

WHEREAS, Nortonville, LLC; Seecon Built Homes, Inc.; and West Coast Home Builders, Inc. (collectively, Landowner Parties), are developers who own real property within and have submitted project applications to the cities of Brentwood and Pittsburg (also a member of the Conservancy). These projects are commonly known as Bridle Gate in Brentwood and Tuscany Meadows in Pittsburg; and

WHEREAS, the Bridle Gate and Tuscany Meadows projects are subject to the

requirements of the HCP/NCCP; and WHEREAS, a Multi-Party Mitigation and Land Dedication In-Lieu of Development Fee

Agreement (Agreement) has been prepared to document the terms of Landowner Parties’ compliance with the HCP/NCCP for the Bridle Gate and Tuscany Meadows projects; and

WHEREAS, the Brentwood’s interests are served by executing this Agreement in that

the City participates in the HCP/NCCP, and the City thus shares the obligation to create and manage a preserve system for the species covered by the HCP/NCCP. The Agreement assists in reaching that goal by providing for the dedication of a key property for the preserve system by the Landowner Parties, as well as other valuable additions. In addition, Brentwood also has an obligation to ensure that HCP/NCCP-covered projects, such as Bridle Gate, comply with the HCP/NCCP. This Agreement sets forth the terms and conditions under which HCP/NCCP Mitigation Fees will be paid and land will be dedicated for Bridle Gate; and

WHEREAS, the Council’s authorization of the City Manager to enter into the proposed Agreement is not subject to the California Environmental Quality Act (CEQA, found at Public Resources Code 21000, et seq., as further governed by the CEQA Guidelines, 14 CCR 15000, et seq), as it does not have the potential to cause direct or reasonably foreseeable indirect physical changes in the environment. Rather, implementation of the Agreement in Brentwood will be dependent on the approval of the associated Bridle Gate project, which requires further discretionary review by the City and will be subject of public hearings and CEQA review consistent with state and local law.

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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby authorize the City Manager to execute the Multi-Party Mitigation and Land Dedication In-Lieu of Development Fee Agreement Between and Amongst the City of Brentwood; the City of Pittsburg; The East Contra Costa County Habitat Conservancy; Nortonville, LLC; Seecon Built Homes, Inc.; and West Coast Home Builders, Inc.

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Page 41: Agenda - Tuesday, October 8, 2019 - Brentwood City, CA

CITY COUNCIL AGENDA ITEM NO. 3

Meeting Date: October 8, 2019 Subject/Title: A Resolution accepting basin landscape improvements on Parcels A and B in

the Amberfield (Subdivision 9387) development for maintenance by the City and requesting that the City Clerk file this Resolution with the Recorder of Contra Costa County

Prepared by: Aaron Wanden, Parks Maintenance Manager

Joe Odrzywolski, Parks Planning Technician Submitted by: Bruce Mulder, Director of Parks & Recreation

RECOMMENDATION Adopt a Resolution accepting basin landscape improvements on Parcels A and B in the Amberfield (Subdivision 9387) development for maintenance by the City and requesting that the City Clerk file this Resolution with the Recorder of Contra Costa County. CITY COUNCIL STRATEGIC INITIATIVE Not applicable. PREVIOUS ACTION On December 16, 2014, by Resolution No. 14-040, the Planning Commission approved Tentative Subdivision Map (TSM) No. 9387, consisting of 36 single-family lots. On January 13, 2015, by Resolution No. 2015-13, the City Council adopted the Mitigated Negative Declaration for the Mangini Project (RZ14-008, VTSM 9387 and DR14-008). On January 13, 2015, by Resolution No. 2015-14, the City Council approved Tentative Subdivision Map No. 9387. On May 10, 2016, by Resolution No. 2016-55, the City Council ordered the formation of Landscape and Lighting Assessment District No. 16-1. BACKGROUND Recently the developer (Lafferty Communities) of the Amberfield residential project (formerly known as the Mangini Project) completed the landscaping on Parcels A and B of Subdivision 9387 which serve as storm water basins for the development. Parcels A and B consist of approximately 0.63 acres of landscape area. The developer has requested that the City consider acceptance of the landscape maintenance. City staff conducted the required inspections during and following construction, and the mandatory 90-day maintenance period has been satisfied. Staff determined that the landscaping and irrigation improvements, are in substantial conformance with the approved plans and the Parks and Recreation Department specifications. The developer previously established a funding source for the ongoing maintenance of the landscape improvements on Parcels A and B with the formation of Landscape and Lighting Assessment District (LLAD) 16-1. Ongoing maintenance will be paid for by the residents of the Amberfield project area.

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Page 42: Agenda - Tuesday, October 8, 2019 - Brentwood City, CA

This action will accept for ongoing maintenance by the City those landscape improvements (irrigation and landscape only) on Parcels A and B of Subdivision 9387, Amberfield. It should be noted that the developer will be responsible for the usual 12-month warranty period for all trees and plant material. FISCAL IMPACT All costs related to the maintenance of the landscape improvements on Parcels A and B (approximately 0.63 acres total) of Subdivision 9387 are included in the $7,409 annual estimate for the areas being accepted for maintenance. This development is within the previously formed LLAD 16-1 which provides funding for these maintenance costs and the necessary funds are available through the LLAD. The cost of maintenance is budgeted in the current FY 2019/20 Operating Budget. Attachments: 2019-10-08_CC_Amberfield Basin Landscape_RESO 2019-10-08_CC_Amberfield Basin Landscape_Location Map

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Page 43: Agenda - Tuesday, October 8, 2019 - Brentwood City, CA

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ACCEPTING BASIN LANDSCAPE IMPROVEMENTS ON PARCELS ‘A’ AND ‘B’ IN THE AMBERFIELD (SUBDIVISION 9387) DEVELOPMENT FOR MAINTENANCE BY THE CITY AND REQUESTING THAT THE CITY CLERK FILE THIS RESOLUTION WITH THE RECORDER OF CONTRA COSTA COUNTY. WHEREAS, on December 16, 2014, by Resolution No. 14-040, the Planning

Commission approved Tentative Subdivision Map (TSM) No. 9387, consisting of 36 single-family lots; and

WHEREAS, on January 13, 2015, by Resolution No. 2015-13, the City Council adopted

the Mitigated Negative Declaration for the Mangini Project (RZ14-008, VTSM 9387 and DR14-008); and

WHEREAS, on January 13, 2015, by Resolution No. 2015-14, the City Council approved

Tentative Subdivision Map No. 9387; and WHEREAS, on May 10, 2016, by Resolution No. 2016-55, the City Council ordered the

formation of Landscape and Lighting Assessment District No. 16-1; and

WHEREAS, City staff inspected the basin landscape improvements on Parcels ‘A’ and ‘B’ of Subdivision 9387 (Amberfield) and determined that they are in substantial conformance with the approved landscape plans and comply with the Parks and Recreation Department specifications; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood with respect to the basin landscape improvements constructed by Lafferty Communities:

1. Accepts for ongoing maintenance by the City, the basin landscape improvements (irrigation and landscape only) on Parcels ‘A’ and ‘B’ of Subdivision 9387 (Amberfield).

2. Accepts the above landscape improvements and materials for maintenance as of

October 9, 2019. 3. Requests that the City Clerk file this Resolution with the Recorder of Contra

Costa County.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held the 8th day of October, 2019 by the following vote:

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EXHIBIT “A”

Parcels ‘A’ and ‘B’ – Basin Landscape Improvements Subdivision 9387 (Amberfield)

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Page 45: Agenda - Tuesday, October 8, 2019 - Brentwood City, CA

CITY COUNCIL AGENDA ITEM NO. 4

Meeting Date: October 8, 2019 Subject/Title: Consideration of Resolutions for annexation of territory into Community

Facilities District No. 5, and set a public hearing date of November 12, 2019. Prepared by: Debra Galey, Senior Analyst Submitted by: Miki Tsubota, Director of Public Works/City Engineer

RECOMMENDATION Adopt a Resolution approving Annexation #12 Boundary Map for City of Brentwood (“City”) Community Facilities District No. 5. Adopt a Resolution declaring the intent to annex territory to Community Facilities District No. 5, levy a special tax in such territory and set a date of November 12, 2019, at 7:00 p.m., or as soon thereafter as the matter may be heard, for the Public Hearing. CITY COUNCIL STRATEGIC INITIATIVE Not Applicable. PREVIOUS ACTION On March 12, 2002, by Resolution No. 2489, City Council adopted Local Goals, Policies and Appraisal Standards Concerning the Use of the Community Facilities Act of 1982. On June 26, 2007, by Resolution Nos. 2007-152, 2007-153 and 2007-154, City Council established the formation of CFD No. 5. The City Council has taken numerous actions since 2002 to annex property into the various Community Facilities Districts. BACKGROUND Community Facilities Districts (“CFDs”) are a funding mechanism for the increased public facilities and services provided by the City resulting from new development. These facilities and services include:

Community Amenities (i.e. community center and library)

Public Protection and Safety

Joint Use School Sites

Flood and Storm Drainage Improvements

Roadway Maintenance

Utility Undergrounding

As a Standard Condition of Approval, all new development is required to mitigate the impacts of their project. As such, many property owners elect to annex into the CFD as a means to fund the services and facilities provided to address the additional growth and associated impacts. Funding is collected by the levying of an annual special tax at a rate that was previously set when the CFD was formed ($823.66/single family residential parcel, $5,632.21/commercial acre (in FY 2019-20 dollars). Parcels are eligible for the special tax the fiscal year following issuance of a building permit.

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Page 46: Agenda - Tuesday, October 8, 2019 - Brentwood City, CA

The proposed boundary and development project of the area to be annexed under Annexation #12 is shown as Exhibit “A” to the attached resolutions and includes 160 single family units and 2.87 acres of non-residential land. The property owners within the annexation boundary will be sent a “Waiver and Consent” form, along with the special election ballot to cast their vote. Consent of the property owners will allow the City to shorten the minimum time requirements relative to the annexation process and procedures. A two-third majority vote is required to annex the property and levy the special tax. Prior to the Public Hearing and election on November 12, 2019, all ballots must be cast. FISCAL IMPACT Annexation of property will provide approximately $148,000.00 in additional revenue (in FY 2019-20 Dollars) for Community Facilities District facilities and services on an annual basis, once development occurs. Funds are deposited with the City by the developers to cover costs associated with the annexation of property into the CFD. Attachments: Consolidated CFD Map Resolution with Boundary Map and Clerk's Certificate Resolution of Intention with Clerk's Certificate

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Page 47: Agenda - Tuesday, October 8, 2019 - Brentwood City, CA

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Page 48: Agenda - Tuesday, October 8, 2019 - Brentwood City, CA

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING ANNEXATION #12 BOUNDARY MAP FOR COMMUNITY FACILITIES DISTRICT NO. 5.

(Annexation #12)

WHEREAS, a map entitled “Annexation #12 Boundary Map of Community Facilities

District No. 5, City of Brentwood, County of Contra Costa, State of California” (the “Annexation #12 Boundary Map”) has been filed with the City Clerk of the City of Brentwood; and

WHEREAS, the Annexation #12 Boundary Map cross-references the map entitled, “Proposed Boundary Map of Community Facilities District No. 5, City of Brentwood, County of Contra Costa, State of California,” filed for record in the office of the County Recorder of the County of Contra Costa on May 2, 2007, in Book 82 of Maps of Assessment and Community Facilities Districts at page 7.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Brentwood as follows:

Section 1. The City Council finds and determines that the foregoing recitals are true.

Section 2. The City Council approves the Annexation #12 Boundary Map, as shown in

Exhibit “A” attached hereto and made a part hereof, and adopts the boundaries shown on the map as describing the extent of the territory being proposed for annexation to Community Facilities District No. 5, City of Brentwood, County of Contra Costa, State of California.

Section 3. The City Council finds that the Annexation #12 Boundary Map is in the form and contains the matters prescribed by Sections 3110 and 3110.5 of the California Streets and Highways Code.

Section 4. The City Council directs the Clerk to certify the adoption of this Resolution on the face of the Annexation #12 Boundary Map and to file a copy of the map with the County Recorder of the County of Contra Costa for recordation in the Book of Maps of Assessment and Community Facilities Districts.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 8th day of October 2019 by the following vote:

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CLERK’S CERTIFICATE

I, Margaret Wimberly, City Clerk of the City of Brentwood, do hereby certify as follows: The foregoing resolution is a full, true and correct copy of a resolution duly adopted at a

regular meeting of the City Council of said City duly and regularly held at the regular meeting place thereof on the 8th day of October 2019, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and that at said meeting said resolution was adopted by the following vote:

AYES: Councilmembers NOES: ABSENT:

An agenda of said meeting was posted at least 72 hours before said meeting at City

Hall, 150 City Park Way, Brentwood, California 94513, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.

I have carefully compared the foregoing with the original minutes of said meeting on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes.

Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect.

Dated: , 2019.

Margaret Wimberly, MMC, City Clerk City of Brentwood

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RESOLUTION NO.

A RESOLUTION OF I NTENTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 5, TO LEVY A SPECIAL TAX IN SUCH TERRITORY AND TO SET A DATE OF NOVEMBER 12, 2019, FOR THE PUBLIC HEARING.

(Annexation #12)

WHEREAS, the City Council of the City of Brentwood (the “City Council”) has determined that the public convenience and necessity require the annexation of additional parcels of land to Community Facilities District No. 5, City of Brentwood, County of Contra Costa, State of California (“CFD No. 5”); and

WHEREAS, the parcels of land proposed to be annexed are as listed in Exhibit “A”

attached hereto and are included within the boundaries shown on Annexation #12 Boundary Map approved by the City Council’s Resolution No. , adopted October 8, 2019, copies of which map and resolution are available for inspection at the office of the City Clerk; and

WHEREAS, the City Council finds that this annexation is to the advantage of the City of

Brentwood and the owners of property within CFD No. 5.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Brentwood as follows:

Section 1. The City Council finds and determines that the foregoing recitals are true. Section 2. The facilities and services authorized to be financed by CFD No. 5 are not

proposed to be expanded or diminished by this annexation. The description of Authorized Facilities and Services are contained in the Resolution of Formation No. 2007-152, adopted by the City Council on June 26, 2007. A summary of the Authorized Facilities and Services that may be funded include:

Section 3. The area proposed to be annexed to CFD No. 5 (the “Territory”) shall be

subject to a special tax, from the time of its inclusion in CFD No. 5, under the rate and method of apportionment of the special tax contained in the Resolution of Formation No. 2007-152, adopted by the City Council on June 26, 2007. This special tax will be secured by the recordation of a continuing lien against all non-exempt real property in the Territory.

Section 4. No alteration of the rate and method of apportionment of the special tax

within CFD No. 5 is contemplated by these proceedings either as it pertains to the area already within CFD No. 5 or as it pertains to the Territory. The CFD No. 5 rate and method of apportionment is contained in the Resolution of Formation No. 2007-152, adopted by the City Council on June 26, 2007.

Section 5. The City Council hereby sets Tuesday, November 12, 2019, at 7:00 p.m., or

as soon thereafter as the City Council may reach the matter, in the City Council Chambers of the City of Brentwood, 150 City Park Way, Brentwood, CA 94513, as the time and place for the Public Hearing. At that hearing, the testimony of all interested persons for or against the

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proposed annexation of the Territory to CFD No. 5 or the proposed levy of special taxes within the Territory will be heard. Written protests must be filed with the City Clerk of the City of Brentwood prior to the time set for the hearing. If 50 percent or more of the registered voters or six (6) registered voters, whichever is more, residing within the existing CFD No. 5, or if 50 percent or more of the registered voters or six (6) registered voters, whichever is more, residing within the Territory or if the owners of one-half (1/2) or more of the area of land within the existing CFD No. 5, or if the owners of one-half (1/2) or more of the area of land within the Territory, file written protests against the proposed annexation of the Territory to CFD No. 5 and such protests are not withdrawn so as to reduce the protests to less than a majority, then no further proceedings to annex the Territory to CFD No. 5 as proposed in this Resolution of Intention shall be undertaken for a period of one (1) year from the date of the decision by the City Council on the issues discussed at such Public Hearing. At the conclusion of such Public Hearing, the City Council may abandon the proceedings to annex the Territory to CFD No. 5 or may, after passing upon all protests, determine to proceed to call an election to submit to the qualified electors of the Territory the question of annexing the Territory to CFD No. 5 and authorizing the levy of special taxes of CFD No. 5 within the Territory; and if the City Council determines at the conclusion of such Public Hearing to call such an election, the voting procedure at such election shall be by landowners in the Territory voting in accordance with the Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). If such protests are directed only against certain elements of the proposed improvements, services or proposed special tax, only those elements shall be deleted from the proceedings.

Section 6. In the event an election is held in these annexation proceedings, it is

anticipated that, in accordance with the Act, the voters will be the owners of land within the area proposed to be annexed which will be subject to the special tax, with each landowner eligible to cast one vote for each acre or portion of, for each acre owned therein.

Section 7. The City Clerk is hereby directed to arrange for publication of a Notice of

Public Hearing on this resolution one time in a newspaper of general circulation within FD No. 5 and the Territory not less than 10 days prior to the Public Hearing.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 8th day of October 2019 by the following vote:

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Grove Sunset LP

EXHIBIT “A”

LIST OF PARCELS TO BE ANNEXED TO

COMMUNITY FACILITIES DISTRICT NO. 5 CITY OF BRENTWOOD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA ANNEXATION #12

Assessor’s Parcel Nos.

Map # Project # Project Description of Parcel (APN)

Total Acreage

Number of

Votes

1 9428 2800

Empire Ave. 019-010-003 20.00 20

2 DR 19-003 Arco@

Brentwood Blvd/Sunset

018-190-034 2.24 3

3 DR 18-002 Dutch Bros

Coffee 010-160-029 0.63 1

24

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CLERK’S CERTIFICATE

I, Margaret Wimberly, City Clerk of the City of Brentwood, do hereby certify as follows: The foregoing resolution is a full, true and correct copy of a resolution duly adopted at a

regular meeting of the City Council of said City duly and regularly held at the regular meeting place thereof on the 8th day of October 2019, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and that at said meeting said resolution was adopted by the following vote:

AYES: Councilmembers NOES: ABSENT:

An agenda of said meeting was posted at least 72 hours before said meeting at City

Hall, 150 City Park Way, Brentwood, California 94513, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.

I have carefully compared the foregoing with the original minutes of said meeting on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes.

Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect.

Dated: , 2019.

Margaret Wimberly, MMC, City Clerk City of Brentwood

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CITY COUNCIL AGENDA ITEM NO. 5

Meeting Date: October 8, 2019 Subject/Title: A Resolution approving application(s) for Per Capita Grant funds and

designating the City Manager or his designee as the City’s agent for conducting all negotiations and making certain certifications as required by the grant program and by Minute Action authorize the Director of Finance to, under specified circumstances, make administrative adjustments to appropriations regarding this grant.

Prepared by: Aaron Wanden, Parks Maintenance Manager

Tammy Homan, Management Analyst Submitted by: Bruce Mulder, Director of Parks & Recreation

RECOMMENDATION Adopt a Resolution approving application(s) for Per Capita Grant funds and designating the City Manager or his designee as the City’s agent for conducting all negotiations and making certain certifications as required by the grant program; and by Minute Action authorize the Director of Finance to, under specified circumstances, make administrative adjustments to appropriations regarding this grant. CITY COUNCIL STRATEGIC INITIATIVE Not applicable. PREVIOUS ACTION None. BACKGROUND The City is eligible for approximately $200,000 for park projects from the State of California Proposition 68 Per Capita Program. This program originates from Senate Bill 5 that was on the ballot and approved by voters on June 5, 2018. Funds are available for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. Grant recipients are encouraged to utilize awards to rehabilitate existing infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors. Eligible projects must be for recreational purposes. Projects that do not serve a “severely disadvantaged community”, defined as a median household income less than 60% of the statewide average, require a 20% match. Grantees must use Per Capita grant funds to supplement existing expenditures, rather than replace them. Applications for project(s) are due no later than January 31, 2020. The first step in the process to obtain these per capita funds is for City Council to adopt a Resolution authorizing the submission of project application(s) for these funds. The Resolution certifies that the City has, or will have available prior to commencement of project work utilizing Per Capita funding, sufficient funds to complete, operate and maintain the project(s). It also certifies that all projects proposed will be consistent with the park and recreation element of the City’s general or recreation plan and will comply with the provisions of the State Labor Code. Staff is requesting that City Council approve the attached Resolution so that we can become eligible to apply for the funds. Upon adoption of this Resolution, staff will proceed with

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identifying a park project(s) to bring forward for approval in upcoming months. The project(s) will likely be an existing, approved CIP project with funds already allocated that we can use the supplemental funding to increase the amount of improvements to be included in said project(s). FISCAL IMPACT The request for funding from the State of California Department of Parks and Recreation will require matching funds in the amount of 20% if the project doesn’t serve a severely disadvantaged community. Staff anticipates using this funding to supplement an existing, approved Capital Improvement Project that will meet the requirement of 20% matching funds already included in the project budget, as we do not meet the definition of a severely disadvantage community. Once a project application is approved, temporary interfund borrowings for the cash flow purposes of this grant may be required, as the State will ultimately reimburse the City for the per capita funds used for the project at project completion. Staff requests City Council approval, pursuant to Council/Administrative Policy 10-5, Budget and Fiscal Policies Section 3.3.1, for the Director of Finance to have authority to make administrative adjustments to appropriations as long as there is no funding source incompatibility and provided those changes do not increase overall appropriations or will not have an effect on year-end fund balances. Because the State does not allow substantive revisions to the attached resolution, Council’s authorization of this latter action will occur by minute action. Attachments: Resolution

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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING APPLICATION(S) FOR PER CAPITA GRANT FUNDS.

WHEREAS, the State Department of Parks and Recreation has been delegated the

responsibility by the Legislature of the State of California for the administration of the Per Capita Grant Program, setting up necessary procedures governing application(s); and

WHEREAS, said procedures established by the State Department of Parks and

Recreation require the grantee’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and

WHEREAS, the grantee will enter into a contract with the State of California to complete

project(s);

NOW THEREFORE BE IT RESOLVED that the City Council hereby:

1. Approves the filing of project application(s) for Per Capita program grant project(s); and

2. Certifies that said grantee has or will have available, prior to commencement of project work utilizing Per Capita funding, sufficient funds to complete the project(s); and

3. Certifies that the grantee has or will have sufficient funds to operate and maintain the project(s); and

4. Certifies that all projects proposed will be consistent with the park and recreation element of the City’s general or recreation plan (PRC §80063(a)); and

5. Certifies that these funds will be used to supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC §80062(d)); and

6. Certifies that it will comply with the provisions of §1771.5 of the State Labor Code; and

7. (PRC §80001(b)(8)(A-G)) To the extent practicable, as identified in the “Presidential Memorandum--Promoting Diversity and Inclusion in Our National Parks, National Forests, and Other Public Lands and Waters,” dated January 12, 2017, the City will consider a range of actions that include, but are not limited to, the following:

(A) Conducting active outreach to diverse populations, particularly minority, low income, and disabled populations and tribal communities, to increase awareness within those communities and the public generally about specific programs and opportunities.

(B) Mentoring new environmental, outdoor recreation, and conservation leaders to increase diverse representation across these areas.

(C) Creating new partnerships with state, local, tribal, private, and nonprofit organizations to expand access for diverse populations.

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(D) Identifying and implementing improvements to existing programs to increase visitation and access by diverse populations, particularly minority, low-income, and disabled populations and tribal communities.

(E) Expanding the use of multilingual and culturally appropriate materials in public communications and educational strategies, including through social media strategies, as appropriate, that target diverse populations.

(F) Developing or expanding coordinated efforts to promote youth engagement and empowerment, including fostering new partnerships with diversity-serving and youth-serving organizations, urban areas, and programs.

(G) Identifying possible staff liaisons to diverse populations.

8. Agrees that to the extent practicable, the project(s) will provide workforce education

and training, contractor and job opportunities for disadvantaged communities (PRC §80001(b)(5)); and

9. Certifies that the grantee shall not reduce the amount of funding otherwise available to be spent on parks or other projects eligible for funds under this division in its jurisdiction. A one-time allocation of other funding that has been expended for parks or other projects, but which is not available on an ongoing basis, shall not be considered when calculating a recipient’s annual expenditures. (PRC §80062(d)); and

10. Certifies that the grantee has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Procedural Guide; and

11. Delegates the authority to the City Manager or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope(s); and

12. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on October 8, 2019 by the following vote:

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CITY COUNCIL AGENDA ITEM NO. 1

Meeting Date: October 8, 2019 Subject/Title: Future agenda item request from Vice Mayor Bryant for City Council

discussion of, and possible direction to staff, related to a review of the Sign ordinance for A Frame signs outside of the Downtown Area.

Prepared by: Gustavo "Gus" Vina, City Manager Submitted by: Gustavo "Gus" Vina, City Manager

RECOMMENDATION Future agenda item request from Vice Mayor Bryant for City Council discussion of, and possible direction to staff, related to a review of the Sign ordinance for A Frame signs outside of the Downtown Area. CITY COUNCIL STRATEGIC INITIATIVES Not applicable. PREVIOUS ACTION At the City Council meeting of September 24, 2019, Vice Mayor Bryant requested a future agenda item related to a review of the Sign ordinance for A Frame signs outside of the Downtown Area. BACKGROUND Pursuant to Council Policy 110-1 Rule 4.4 (b)(2), this item has been placed on the agenda so that the City Council may discuss it and provide further direction to staff. Pursuant to Section 4.4, City Council discussion is limited to determining whether staff time and City resources should be spent on preparing a report on this information. FISCAL IMPACT There is no fiscal impact related to this item.

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