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City Council Agenda Item No. 01

 

CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
Minutes of May 28, 2002

A regular meeting of the City Council of the City of Brentwood was called to order at 7:30 p.m. in the Community Center located at 730 Third Street, with Mayor McPoland presiding.

ROLL CALL
Present: Councilmembers Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland 
Absent: None 

PRESENTATIONS 

A. Proclamation proclaiming June 1, 2002 to June 9, 2002 inclusive as Affordable Housing Week in the City of Brentwood. 

Mayor McPoland presented Claude Bataglia, representing Independent Living Resources, with a proclamation proclaiming June 1 through June 9th as Affordable Housing Week. 

Mr. Bataglia explained the importance of supporting affordable housing in Contra Costa County. 

Mayor McPoland added that the City of Brentwood is concerned with the affordable housing issue and is beginning a series of meetings with various non-profit organizations, churches and developers in the City to address the issue.

AGENDA REVIEW

Motion to add the following items to the agenda on the basis that the items came to the attention of staff after the agenda was posted. (Gov’t Code 54956.5)

CONSENT CALENDAR

Item 20A Appointment of Annette Beckstrand as Liaison to the Arts Commission. (M. McPoland)

OLD BUSINESS

Item 24 Amendment to the Conditions of Approval for Design Review No. 01-32. (J. Stevenson)

It was moved/seconded by Petrovich/Gomes to add items 20A and 24 to the agenda on the basis that the items came to the attention of staff after the agenda was posted. (Gov’t Code 54956.5) Motion carried unanimously.

It was moved/seconded by McPoland/Hill to and move Item 24 immediately following the Consent Calendar. Motion carried unanimously.

CITIZEN COMMENTS

Mayor McPoland invoked Rule 6 of the policy pertaining to Meetings Rules and Procedures limiting speaker comments to two minutes.

Those speaking in favor of the appeals regarding Design Review No 01-32, shopping center located north of Lone Tree Way and east of Empire Avenue.

· John Darrymple, AFLCIO
· Mark Wolfe, UFCW Local 1179
· Dwight Rogge, Safeway Employee
· Nancy Mattingly, 1742 Court, Oakley
· Constance Ferry, Raley’s Employee, Antioch
· Rick Rendon, Safeway Employee
· Bob Caughrood, UFCW 1179
· Greg Feere, Contra Costa Building Trades Council
· Mike Puckhaber, Brentwood Resident
· Jeff Caviness, Albertsons Employee
· Laurie Roderick, Safeway Employee
· Tim Austin, Local 304 Laborers
· Barbara Carpenter, UFCW Local 1179

Those speaking against of the appeals regarding Design Review No. 01-32, shopping center located north of Lone Tree Way and east of Empire Avenue:

· Buzz Walker, Brentwood property owner
· Jim Moita, SPA “F” property owner
· Jean Last, Brentwood property owner
· Randy Randerson, WinCo Employee
· Lance Gannett, WinCo Employee

Karen Rogge, 2321 Windy Springs, Brentwood, spoke regarding Design Review No. 01-32, Lone Tree Shopping Center. She requested an update on the status of the cross-access easement on the two properties. Ms. Rogge also pointed out that Design Review Number 9, regarding the rod-iron fence that will divide the two properties until the property to the east is fully developed, still reads “the fence may be removed” It states and pointed out that per Council discussion on April 9, 2002 the wording should be changed to “the fence shall be removed”. Ms. Rogge concluded by requesting that a high quality company do the roadway improvements on Lone Tree from Fairview to Empire.

Fred Jacobsen and Chris Mosser, representing the Albers/Ianoconne parcel addressed Council regarding Design Review No. 01-32, Lone Tree Shopping Center. Mr. Jacobsen stated that newly amended conditions of approval are acceptable to his client.

Mr. Mosser reiterated that the Albers and Ianoconne families were in agreement with the amended conditions. He urged Council to grant the cross easements. Mr. Mosser noted for the record that Ms. Albers has officially brought forth a preliminary site map and application for development of the site. Mr. Mosser also requested that, since Ms. Albers has filed an application for her parcel, the temporary fence not be erected. He concluded by commenting that they are working to expedite securing an anchor for this site. They have submitted potential users with the Economic Development subcommittee and are working on the comments they have received from them.

CONSENT CALENDAR

1. Approve Minutes of May 14, 2002. Pulled for further discussion.

2. Approve Resolution No. 2549 certifying and approving the Negative Declaration and adopting the 2002/2007 Capital Improvement Program for the City of Brentwood including street, park, sewer, water and other municipal improvements to be constructed during the next five years. 

3. Review and adopt Resolution No. 2550 amending Council Policy 10-4, pertaining to the Investment Policy. 

4. Waive second reading and adopt Ordinance 704 for Levying a Special Tax for FY2002-2003 and following fiscal years solely within and relating to the City of Brentwood Community Facilities District No. 2. 

5. Waive second reading and adopt Ordinance 705 amending Chapter 5.24 of Brentwood Municipal Code regarding Cable Television Ordinance. 


6. Approve Resolution No. 2551 authorizing the City Manager to execute an agreement with R.W. Beck for conducting a collection efficiency study, a rate study and a master plan for the Solid Waste division. Total cost of integrated study not to exceed $50,000.

7. Approve Resolution No. 2552 authorizing the City of Brentwood to assume responsibility for power and maintenance costs for the treescape lights in the Downtown Commercial District. It is not expected to exceed $6000 per year.

8. Accept informational report from Liberty Union High School District and City of Brentwood staff regarding update on joint-use projects at Heritage High School. 

9. Approve Resolution No. 2553 and Resolution No. 2554 adjusting the health benefits contribution as provided in 2000/01 - 2002/03 bargaining unit labor agreements. Funding for 2002/03 is included in the proposed 2001/03 City Budget

10. Approve Resolution No. 2555 accepting the offers of dedication in fee for the right-of-ways of Exeter Way, Silverton Way, Cambrian Place, Brighton Drive, Jordan Court and Minnesota Avenue; accepting the offers of dedication in fee for the area designated as Parcel “A”; accepting the offers of dedication for the areas designated as “Water Pipeline Easement” or “W.L.E.”; “Public Utility Easements” or “P.U.E.” for public use as shown on the Final Map; accepting all abutter’s rights and all subsurface water rights under 300 feet relinquished on said Final Map and accepting public improvements (water lines, sanitary sewer, storm drain, fiber optics and streets with all related improvements) for maintenance; accepting the Subdivision Maintenance Bond and releasing the Subdivision Improvement Securities for Subdivision No. 8225, Heritage, Morrison Homes, located in SPA “L” west of Minnesota Avenue and north of Sand Creek.

11. Approve Resolution No. 2556 accepting the offers of dedication in fee for the right-of-ways of Somersby Way, Hallmark Way, Sunflower Lane, Bauer Road, Brighton Drive, Latham Court, Hampton Court and Minnesota Avenue; accepting the offers of dedication in fee for the areas designated as Parcel “B”, “C”, “D” and “E”; accepting the offers of dedication for the areas designated as “Public Utility Easements” or “P.U.E.” for public use as shown on the Final Map; accepting all subsurface water rights under 300 feet relinquished on said Final Map and accepting public improvements (water lines, sanitary sewer, storm drain, fiber optics and streets with all related improvements) for maintenance; accepting the Subdivision Maintenance Bond and releasing the Subdivision Improvement Securities for Subdivision No. 8069, Hallmark, Morrison Homes, located in SPA “L” west of Minnesota Avenue and north of Sand Creek.

12. Approve Resolution No. 2557 authorizing the submittal of a grant proposal to the State Department of Transportation (Caltrans) for the 2002/03 Safe Routes to School (SR2S) Program, third cycle, and authorizing the City Engineer to execute and submit all documents which may be necessary. 

13. Approve Resolution No. 2558 accepting the offers of dedication for Parcel “A”, Trail Improvements, for public use as shown on the Final Map for maintenance; accepting the Trail Maintenance Bond and releasing the Performance and Payment Bonds for the Trail in Subdivision No. 8178, Lyon Grove, William Lyon Homes, located in SPA “L” on the east side of Minnesota Avenue and north of Sand Creek. 

14. Approve Resolution No. 2559 authorizing certain City personnel access to sales and use tax records pursuant to Revenue and Taxation Code Section 7056. 


15. Approve Resolution No. 2560 authorizing the submittal of a grant proposal to the California Department of Forestry & Fire Protection for the Urban Forestry Grant Program as provided through Proposition 12 Urban and Community Forestry Program and authorizing the Park and Recreation Director to execute and submit all documents which may be necessary for the completion of the project.

16. Approve Resolution No. 2561 authorizing the submittal of a grant proposal to the California Department of Transportation Bicycle Facilities Unit for funding through the Bicycle Transportation Account and authorizing the Parks and Recreation Director to execute and submit all documents which may be necessary.

17. Approve a Resolution approving a revised logo for the City of Brentwood. Pulled for further discussion.

18. Approve the appointment of Chris Becnel to to Planning Commission to fill the unfilled term created by the resignation of Chris Mosser through December 2002. Pulled for further discussion. 

19. Approve Resolution No. 2562 amending the employment contracts of the City Manager and Police Chief to designate the $600 per month figure as Management Incentive Pay, and authorize the City Manager to add Management Incentive Pay to the Director’s compensation package at a rate of $50 per month. 

20. Approve Resolution No. 2563 opposing SB 1491 by Senator Perata, concerning transit funding and prohibiting representation of small public transit operators on a newly created Policy Board, and authorize the Mayor to send an opposition letter to Senator Torlakson

It was moved/seconded by Gomes/Petrovich to add Item Number 20A to the Consent Calendar. Motion carried unanimously.

It was moved/seconded by Hill/Petrovich to approve Consent Calendar Items 2 – 16 and 19 – 20A and as recommended by staff. Motion carried unanimously.

Item 1

Approve Minutes of May 14, 2002.

It was moved/seconded by Beckstrand/Gomes to approve the minutes of May 14, 2002 as recommended by staff. Motion carried with Councilmember Hill abstaining.

Item 17 

Approve a Resolution approving a revised logo for the City of Brentwood.

Councilmember Petrovich asked for further explanation regarding the new logo. 

John Stevenson, City Manager, explained that the City will be producing new street name signs and the graphic on the existing logo is hard to read. We thought something more simple would reproduce better.

Councilmember Hill commented that use of the new logo on signage was acceptable, but he felt the logo for business cards, stationary, etc. should include “City of” explaining that there is too much confusion with the community of Brentwood in southern California.

Councilmember Beckstrand suggested that the item be continued to the next meeting to allow staff enough time to design a logo that will work well for both signs and printed material.

It was motioned/seconded by Hill/Petrovich to continue Item 17, approve a Resolution approving a revised logo for the City of Brentwood, to the City Council meeting of June 11, 2002. Motion carried unanimously.

Item 18

Approve the appointment of Chris Becnel to fill the Planning Commission vacancy through December 2002.

Councilmember Petrovich commented on the integrity and qualifications of Mr. Becnel and asked Mr. Becnel come forward for introductions.

Mayor McPoland commented that he and Mitch Oshinsky, Director of Community Development, interviewed several very qualified candidates before deciding on Mr. Becnel. He introduced Mr. Becnel highlighting that he is an accountant and attorney in town with a vast knowledge of community activities.

It was moved/seconded by Petrovich/Hill to approve the appointment of Chris Becnel to fill the Planning Commission vacancy through December 2002. Motion carried unanimously.

OLD BUSINESS

24. Consideration of a Resolution denying all appeals on Design Review No 01-32 and approve the project to construct a 179,500 sq. ft. shopping center located north of Lone Tree Way and East of Empire Avenue. 

Mitch Oshinksy, Director of Community Development, stated that the issues raised on the appeals fall into two categories:

1) Mutual access between the Lone Tree Center and Albers sites.

It appears that the major appeal point regarding mutual access between the Lone Tree Center and Albers sites has been resolved to the satisfaction of Council, via the deed restriction for the project site.

2) Six appeal points raised by the Attorneys for the union.

The City’s independent EIR consultant and City staff are confident that every one of the union attorneys appeal points has been completely addressed in the EIR, as stated in the staff reported presented tonight, and that there are no significant unavoidable environmental impacts that have not been adequately mitigated.

Jeff Zilm, Associate Planner, addressed each appeal point individually and reported staff’s findings to be satisfactory with regard to each point.

John Stevenson, City Manager, reported to Council the amended condition of approval to cover some of the concerns regarding cross-lot access. Mr. Stevenson read the following statement into the record: 

“Prior to the occupancy of any building on the parcel or the recordation of a final Subdivision Map, which ever occurs first, the developer shall record sufficient utility, emergency vehicle, and vehicle access easements to the satisfaction of the City Manager in favor of the City, Emergency Services and the property owner to the east (APN 019-010-009). 


The easements, in a form acceptable to the City for recording with the County Recorder over this property, shall be executed prior to the occupancy or recordation of the Final Map whether or not the project to the east is approved on that date. Notwithstanding the previous requirement, the subject easements shall not be recorded until reciprocal easements are granted by the property owner to the east.

These easements shall be in conformance to the Special Planning Area requirements for adequate and coordinated cross-lot access.

These easements shall contain agreements to share equitably in the maintenance costs of the easements and if there is a dispute about the allocation of costs between or among the parcels benefiting from these easements or other parcels that may utilize the easements, City Manager of the City of Brentwood shall resolve any and all disputes concerning the easements, including but not limited to, location, costs, and maintenance.

The intent of this condition is to create an open parking lot with shared parking between the properties subject to the requirement that each property must provide sufficient parking for its own tenants.”

Mr. Stevenson further stated that he has discussed the condition with the applicant and the applicant concurs.

Dennis Beougher, City Attorney, gave a brief clarification of the placement of the cross-easements. Mr. Beougher explained that two of the cross-easements meet the SPA requirements for coordination of road access. The other two cross-easements rose from public safety issues. The exact location of the last two cross-easements will be floating until there is a reciprocal easement. 

Mr. Stevenson pointed out that the agreement, signed by the property owners, did not stipulate an exact number of easements, it states “a sufficient number” of easements. There could possibly be more than a total of four based on the public safety findings.

Councilmember Hill commented that the statement read by Mr. Stevenson was not the same as the agenda review item received by Council at the beginning of the meeting.

Mr. Stevenson concurred that the statement read into the record was amended slightly from the handout. The last paragraph was stricken.

Mr. Beougher stated that it was his legal opinion that the last paragraph be stricken as it would be overstepping the bounds of findings as to public safety concerns. 

Councilmember Hill asked if staff was confident that the amended condition, without the additional language, was sufficient to bridge the concerns of the two property owners.

Mr. Stevenson responded to the affirmative.

Councilmember Petrovich asked since the amended conditions provided for up to four easements, if there was a minimum number stipulated.

Mr. Beougher responded that they are required to provide two and then the additional two are per the public safety findings. Mr. Beougher further stated that he felt there was enough information in the report to warrant the additional easements.

Councilmember Petrovich replied that he would like to see it written as “a minimum of four”.

Councilmember Beckstrand commented that the amended condition gives us a minimum of two and a maximum of four. She felt that the condition appears to be complete.

Mr. Beougher reiterated that with the agreement, there could actually be more than four. The agreement states “sufficient” based on the public safety findings. 

Mr. Stevenson concurred.

Councilmember Gomes asked for clarification as to who in the City would be making the final determination of the number of access points required for public safety access. 

Mr. Stevenson responded that the final decision would be made by him.

Councilmember Gomes asked if the decision would be based on advise from Police, Fire and Medical.

Mr. Stevenson responded that the decision would be based on advise from all Department Directors, Emergency Services and Fire.

Council directed staff to replace the words “may be removed” with the words “shall be removed” in Design Review Number 9, regarding the rod-iron fence that will divide the two properties until the property to the east is fully developed.

Councilmember Hill asked for a clarification on Condition Number 9, that the easterly property must be complete and when the property is complete, the fence shall come down.

Mr. Oshinsky confirmed. 

Councilmember Petrovich asked if the adjacent property owners would state yes or no for the record whether or not they agree to the amended contract. 

Frederick Jacobson, representative for the Albers/Iannocone Property owners stated that they agreed to the amendment as read.

Mr. Martin representing the owners of the parcel stated that they agree to the amendment as read.

Councilmember Hill commented that both sides of the issues have unfortunately caused some angst in the community and that he hopes that the community will benefit whatever the outcome. He further stated that in his opinion this project should have been approved at the meeting of April 9, 2002, commenting that we should approve the project and move forward. Mr. Hill added that the property owners that are most affected by the project have been on record twice in support of working together and leaving the decision with the City Manager so we should move on with that.

Councilmember Beckstrand stated that like Councilmember Hill, her opinion has been well known from the beginning. She feels that there have been a lot of considerations come up and staff has worked with hard to address them. I am still in the position of wanting to support the project and move forward from there. 

Councilmember Petrovich stated that he does not support WinCo and does not support the Union. He expressed his disappointment in both WinCo and the Unions for the misinformation both groups have been dispensing to the public. He further stated that he supports the project, the Lone Tree Center, not WinCo and not the union. Unfortunately WinCo may be a tenant in that center, but that is between the property owner and WinCo, not between WinCo and the City Council.


Councilmember Gomes pointed out that we all have a right to choice, the right to free enterprise and also we try our hardest as a City to obey the laws. He commented that when Council first granted this appeal, he had a feeling that we were at such a critical time in our development as a City, that we were all too quick to rush into these projects. He really felt we should stop and take a closer look at what we are doing. Since the last Council meeting, we have taken a very close look at this project. Couilmember Gomes added that he respects the views of the Union employees but he also respects the right to free enterprise. He concluded by saying he appreciates the City taking a long hard look from both sides of this project and with all three issues answered before him, legally, there is no way he can deny this project.

Councilmember Hill commented that he wanted to follow up on one point. There was an individual, during Citizens Comments that suggested the City was receiving $1 million dollars for approving the WinCo project. The fact is that Safeway offered the City $1 million dollars in the form of a bond to approve another Safeway Center as assurance that Safeway will not close the downtown store. So the speaker has convoluted the two issues. Councilmember Hill added that this applicant has asked for no concession on fees and are paying their fees 100% which is rare in this marketplace.

Councilmember Petrovich confirmed Councilmember Hill’s comments. 

Mayor McPoland stated that he brought this item back to Council as a matter of fairness so as not to make the applicant go through the EIR and Planning Commission process again. He further stated that he did the same thing when Lucky’s was denied. After the Planning Commission meeting approving this project, he appealed the project because he thought that without the cross- easements, it was a poorly planned project. That issues being resolved, he will support this project with the amendments.

RESOLUTION NO. 2564

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO CERTIFY THE ENVIRONMENTAL IMPACT REPORT AND UPHOLDING THE PLANNING COMMISSION’S APPROVAL BY DENYING ALL APPEALS OF DESIGN REVIEW NO 01-32 AND APPROVE THE PROJECT TO CONSTRUCT A 179,500 SQ. FT. SHOPPING CENTER LOCATED NORTH OF LONE TREE WAY AND EAST OF EMPIRE AVENUE 

It was moved/seconded by Hill/Beckstrand to approve Resolution No. 2564 denying all appeals on Design Review No 01-32 and approve the project to construct a 179,500 sq. ft. shopping center located north of Lone Tree Way and East of Empire Avenue, replacing the word “may” to “shall” in Design Review No. 9 and with the amended condition as read by John Stevenson. Motion passed by the following vote:

AYES: Councilmembers Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
NOES: None
ABSENT: None
ABSTAIN: None

Council convened to a break at 9:20 p.m.

Council reconvened at 9:30 p.m.


PUBLIC HEARINGS

21. Consideration of an Ordinance approving an amendment to Planned Development (PD) 35 to create development standards for Sub Area E, Subdivision No. 8556. To be continued to 6/11/02.

The Public Hearing was opened.

It was moved/seconded by Petrovich/Hill to continue the Public Hearing to June 11, 2002. Motion carried unanimously

22. Consideration of an Ordinance and Resolution approving an amendment to Planned Development (PD) 35 to create development standards for Sub Area F, Subdivision No. 8557. 

Debbie Hill, Assistant Planner, introduced the item explaining that this proposed development is for 28 lots with square footages above 8,000 sq. ft., which Council has encouraged for all low-density properties within PD-35, east of the Highway 4 Bypass. The proposed development also includes a Parcel A for a 0.41-acre pocket park as well as a Parcel B for a pedestrian walkway. 

Ms. Hill stated that Schuler Homes would like to amend the PD standards to include Subarea “F” in order to establish development criteria for their project. The proposed standards are consistent with other developments of similar lot sizes in the area. 

Ms. Hill explained that due to the recently approved Density Transition Policy, all maps with proposed lot sizes either smaller than 20,000 sq. ft., which are abutting existing parcels of one-acre or more or 10,000 sq. ft. abutting existing parcels of ½ -acre up to one-acre are now subject to Council review. She further stated that the applicant has obtained approval letters for the 8,000 sq. ft. lot sizes from the property owners to the east and west of the site. 

Councilmember Hill asked for a breakdown in the number of lots and square footage of those lots. 

Ms. Hill responded with the following:

Lot Size per Sq. Ft. Quantity

8402-8999 2
9000-9999 12
10,000 – 10999 9
11,000 – 11999 4
Above 12,000 1


The Public Hearing was opened.

Jeff Caviness, 4774 Mill Drive, Brentwood, inquired about the amount of fees developers pay to the City.

John Stevenson, City Manager, responded that the fees were approximately $24,000 per lot, which includes infrastructure.

Councilmember Petrovich added that additional fees are paid to the bypass and schools making the total fees approximately $50,000 per lot.

Councilmember Beckstrand commented that some of the other fees are calculated in a variety of ways including square footage.

Mr. Caviness requested a copy of the fee schedule.

There being no one else wishing to speak, the public hearing was closed.

ORDINANCE NO. 706

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT NO. 35 BY ADDING DEVELOPMENT STANDARDS FOR SUBAREA “F” WITHIN PD-35 LOCATED WEST OF FAIRVIEW AVENUE, NORTH OF APRICOT WAY AND SOUTH OF THE EBMUD AQUEDUCT.

It was moved/seconded by Gomes/Petrovich that the first reading of Ordinance No. 706 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote: 

AYES: Councilmembers Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
NOES: None
ABSENT: None
ABSTAIN: None

RESOLUTION NO. 2565

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING TENTATIVE SUBDIVISION MAP NO. 8557, INCLUDING WITHOUT LIMITATION THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR THE SUBDIVISION OF 9.27± ACRES INTO A TOTAL OF 28 SINGLE-FAMILY RESIDENTIAL LOTS, PARCEL A FOR A 0.41 ACRE PARK, AND PARCEL B FOR A PEDESTRIAN WALKWAY LOCATED WEST OF FAIRVIEW AVENUE, NORTH OF APRICOT WAY AND SOUTH OF THE FUTURE EXTENSION OF GRANT STREET (APN 019-091-034).

It was moved/seconded by Gomes/Petrovich that the full reading of Resolution 2565 be waived and that the same be adopted. Motion passed by the following vote:

AYES: Councilmembers Beckstrand, Gomes, Petrovich, Mayor McPoland
NOES: None
ABSENT: None
ABSTAIN: None

23. Consideration of an Ordinance of the City Council of the City of Brentwood amending Title 5 of the Municipal Code - Business Licenses, Taxes and Regulation as it pertains to business license. 

Councilmember Hill commented that the Economic Development Subcommittee looked at this proposal twice. The Subcommittee recommended a committee of local businesses be formed to review the project conceptually and submit comments. Based on that input, the proposal was refined and taken back to the Economic Development Subcommittee at which time the committee recommended the Council consider this as proposed.

John Stevenson, pointed out that the business license ordinance has not been evaluated on a comprehensive basis since 1948. He then presented an overview of the project comparing our Business License Tax Revenue and highlighted staff’s goals for revising the business license ordinance as:

· Ensure equity for the basis and rate of the tax and ensure that all business activities are required to pay a fair business tax;
· Provide consistent general fund revenues that reflect economic changes, either up or down;
· Establish a revenue source that will not be difficult or costly to administer and enforce;
· Establish a tax that is easy for the business community to understand, and priced to be competitive with other cities.

In order to phase in the effect this increase will have on existing businesses, the ordinance reflects a proposed three-year “ramp up” provision. This would allow existing businesses, that would otherwise pay over $500 in business tax annually, to pay 40% of that ultimate tax the first year, 70% of the tax the second year, and 100% of the tax the third year.

The business license surtax of 20% that has been used to subsidize the Brentwood Chamber of Commerce has been re-written, as follows, to allow organizations to compete for these funds:

Mayor McPoland congratulated staff of their hard work and stated that he felt this new Ordinance will bring the City to a level more comparable to that of other cities. 

Councilmember Gomes also thanked the Subcommittee and staff for their efforts.

There were some questions raised regarding the point of origin of sales tax with regards to car lots.

The Public Hearing was opened.

Patrick McCarran, resident of Brentwood, stated that he sees the fiduciary duty of the City to raise the Business License fees as a whole but expressed concerns over temporary vendors at the CornFest who would not be able to pay the $100 fee and asked the City to consider a temporary business license fee. He further stated that he fully supported the funneling of the subsidy which previously went to the Chamber of Commerce to other redevelopment regions and asked what the procedure would be to apply for those funds. 

John Stevenson, City Manager, responded that all applications would be reviewed by staff members who would present the application to the Economic Development Subcommittee. The Economic Development Subcommittee would review the applications and take them to Council for approval.

Mayor McPoland responded to Mr. McCarren’s concerns regarding the temporary or three-day vendors stating that he will be discussing the matter further with Council.

Mr. Stevenson responded that the language entered into the Ordinance is worded specifically to accommodate those types of vendors.

Mr. McCarran also asked if the application fee would remain at $25.00. 

Pamela Ehler, Director of Finance and Information Services responded that the fee would remain at $25.00.

Jeff Caviness, 4774 Mill Drive, Brentwood, stated that he felt that if we phase in three years the City might lose a lot of revenue. 

Mayor McPoland commented that the three-year phase in is designed to grandfather in existing businesses only. 

Karen Rogge, 2321 Windy Springs, ask for clarification on the $100 fee and asked if there were any hidden fees. She further added that for some small that might be a hardship.

Greg Robinson, 46 Pippo, Brentwood, urged the City to look into making some concessions for the small business owner who may not make any revenue for the first few months. He further commented that he would like to see more detailed requirements for applying for the funds that will no longer be funneled to the Chamber of Commerce.

Councilmember Hill replied that first the issue has to go to the voters. And if the voters approve there will definitely be some criteria. 

There being no one else wishing to speak, the Public Hearing was closed.

ORDINANCE NO. 707

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING CHAPTER 5.04 OF THE CITY OF BRENTWOOD MUNICIPAL CODE, BUSINESS TAX CERTIFICATION

It was moved/seconded by Petrovich/Hill that the first reading of Ordinance 707 be waived and the same be adopted as recommended by staff. Motion passed by the following vote:

AYES: Concilmember Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
NOES: None
ABSENT: None
ABSTAIN: None


CITIZEN COMMENTS - none

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS - none

REQUESTS FOR FUTURE AGENDA ITEMS - none

ADJOURNMENT

There being no further business, the meeting was adjourned at 10:09 p.m. 

Respectfully Submitted,

Cynthia Goulding
Deputy City Clerk

 
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