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CITY COUNCIL AGENDA ITEM NO. 16

Meeting Date: September 9, 2003

Subject/Title: Adopt and Waive Second Reading of Ordinance No. 759 Amending Title 16, Subdivisions and Land Development, of the Brentwood Municipal Code to add Chapter 16.166 to permit the City Manager to Approve Final Maps and Execute Subdivision Agreements

Submitted by: Dennis Beougher, City Attorney

RECOMMENDATION
Waive the second reading and adopt Ordinance No. 759.

PREVIOUS ACTION
At its meeting on August 26, 2003, the City Council waived the first reading and introduced Ordinance No. 759, which approves amending the Brentwood Municipal Code to add two new chapters, Chapter 16.165 and Chapter 16.166, to permit the City Manager to approve final maps and to execute subdivision agreements.

ANALYSIS
Adoption of this Ordinance will allow the City Manager, rather than City Council, to approve subdivision agreements and final maps.

FISCAL IMPACT
None.


Attachment:
Ordinance

ORDINANCE NO. 759

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING TITLE 16, SUBDIVISIONS AND LAND DEVELOPMENT, TO ADD CHAPTER 16.165 AND CHAPTER 16.166 TO PROVIDE THAT THE CITY MANAGER MAY APPROVE OR DISAPPROVE A FINAL SUBDIVISION MAP AND ACCEPT, SUBJECT TO IMPROVEMENT, OR REJECT DEDICATIONS AND OFFERS OF DEDICATIONS THAT ARE MADE BY A STATEMENT ON THE MAP AND ALSO TO APPROVE SUBDIVISION AGREEMENTS IN ACCORDANCE WITH CITY STANDARDS AND TO DELETE BRENTWOOD MUNICIPAL CODE SECTION 16.070.030(D) AND SECTION 16.070.040

WHEREAS, Government Code section 66458(d) permits the City Council to provide by ordinance for the approval or disapproval of final maps by the City Manager or other designated official; and

WHEREAS, Government Code section 66458(d) further permits the City Council to permit the designated city official to accept, subject to improvement, or reject dedications and offers of dedications that are made by a statement on the map provided that five conditions are met as stated below:

1) the designated official shall notify the legislative body at its next regular meeting after the official receives the map that the official is reviewing the map for final approval;
2) the designated official shall approve or disapprove the final map within 10 days following the meeting of the legislative body that was preceded by the notice in (4) below;
3) the designated official’s action may be appealed to the legislative body;
4) the clerk of the legislative body shall provide notice of any pending approval or disapproval by the designated official, which notice shall be attached and posted with the legislative body’s regular agenda and shall be mailed to interested parties who request notice;
5) the legislative body shall periodically review the delegation of authority except as specifically authorized by this subdivision, the processing of final maps shall conform to all procedural requirements of this division; and

WHEREAS, Government Code section 66462 permits the City Council to approve an ordinance that permits a subdivision agreement to be executed in accordance with City standards.

NOW, THEREFORE, the City Council of the City of Brentwood does hereby ordain as follows:

Section 1. Title 16 (Subdivisions and Land Development), Chapters 16.165 and 16.166 are hereby added to the Brentwood Municipal Code to read as follows:

“Chapter 16.165 City Manager Approval of Final Map and Subdivision Agreements

16.165.010 City Manager’s Approval of Final Maps.
The City Clerk shall notify the legislative body at its next regular meeting after the City Manager receives the map that the City Manager is reviewing the map for final approval; the City Manager shall approve or disapprove the final map within 10 days following the meeting of the legislative body that was preceded by the notice required by this subsection.

16.165.020 Appeal.
The City Manager’s action may be appealed to the City Council, as provided in Brentwood Municipal Code section 16.170.030[C] through [H], inclusive.

16.165.030 City Clerk’s Notice.
The City Clerk shall provide notice of any pending approval or disapproval by the City Manager, which notice shall be attached and posted with the City Council’s regular agenda and shall be mailed to interested parties who request notice.

16.165.040 Periodic Review.
The City Council shall review the delegation of authority to the City Manager every three years from the effective date of this ordinance, or as soon thereafter as is practical.

16.165.050 Conformity.
Except as specifically authorized by this subsection, the processing of final maps shall conform to all procedural requirements of this chapter.

16.166.10 Subdivision Agreements.
The City Manager is authorized to execute subdivision agreements, as permitted by Government Code section 66462(d), in accordance with City standard subdivision agreements. The City Manager’s action approving or disapproving a subdivision agreement may be appealed to the City Council as provided in Brentwood Municipal Code section 16.170.030[C] through [H], inclusive. The City Council shall review the authority granted to the City Manager by this subsection every three years from the effective date of this ordinance, or as soon thereafter as is practical.”

Section 2. Subsections 16.070.030(D) and 16.070.040 of the Brentwood Municipal Code are repealed.

Section 3. Severability.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The city council hereby declares that it would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid.

Section 4. Effective Date.
This ordinance shall take effect thirty (30) days after passage and shall within fifteen (15) days after passing, be posted in accordance with section 36933 of the Government Code of the State of California with the names of those City Councilmembers voting for or against it.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 26th day of August, 2003, by the following vote and adopted on September 9, 2003:

 

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