JANUARY 23, 2024, 5:30 PM
SPECIAL CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS, 150 CITY PARK WAY
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* City Council Members will be participating from the Council Chamber. Members of the public are invited to attend and participate at: the Council Chambers, 150 City Park Way, Brentwood CA As a courtesy and technology permitting, members of the public may provide remote public comment during public hearings and on business items via the City’s Zoom Platform. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue. In addition, the Zoom participation option is provided to the public as a courtesy in order to facilitate participation. If Zoom participation is not enabled, the meeting will continue with public attendance in person only. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.
HOW PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:
1. IN PERSON:
a. Members of the public can provide in-person comments in the Council Chambers.
Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chambers will have seating available for members of the public to attend in person up to full seating capacity.
2. REMOTE (if enabled): Remarks by members of the public participating via Zoom are limited to speaking on items listed under public hearings; business items; and requests for future agendas items, existing requests. Zoom participation during the general public comment period will not be accepted, except in the event a City Council Member is participating remotely under the provisions of Government Code § 54953 (f). a. Zoom: www.brentwoodca.gov/vcc or Zoom Webinar ID: 760 1397 0037 b. Zoom Phone Numbers. Dial Toll Free: (833) 548-0276 or (833) 548-0282 or (877) 853-5247.
c. During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. (If you need instructions on how to use this feature, please contact the City Clerk by noon of the meeting date at [email protected] or 925.516.5182.)
3. E-MAIL
a. Public comments can also be submitted via e-mail to [email protected].
Any public comments received up until 3:00 p.m. of the meeting date will be:
1. distributed to the Council via email before the meeting,
2. posted online for public inspection at www.brentwoodca.gov/meetings and
3. later summarized in the meeting minutes.
b. As e-mails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your e-mail.
4. TO WATCH OR LISTEN ONLY:
a. The public may view the meeting via one-way video feed by selecting the video option at the City Council Agendas’ link on the City webpage at www.brentwoodca.gov or via the City’s YouTube Channel: https://www.youtube.com/c/cityofbrentwoodca
CITY COUNCIL SPECIAL MEETING AGENDA
Zoom Webinar ID: 760 1397 0037
January 23, 2024, 5:30 p.m.
City Council Chambers
150 City Park Way
Brentwood, CA 94513
City Council Zoom Link
A. CALL TO ORDER & ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. BUSINESS ITEMS
C.1 Discussion and Direction on the Vineyards at Marsh Creek - Event Center/Amphitheater Phase I (CIP #337-37231) and use of associated funds
Title/Recommendation
Staff is recommending that the City Council receive an update on the Vineyards at Marsh Creek - Event Center/Amphitheater Phase I project, discuss and provide direction regarding the project, including the use of associated funds.
D. PUBLIC COMMENTS (Item E.1 to E.4 only)
The public is permitted to speak on items that are listed on the Closed Session agenda.
In Person: Please file a speaker’s card with the City Clerk on the form provided on the counter at the back of the Chambers.
Zoom: Please use the Raise Your Hand feature in Zoom during this item to speak under Public Comments.
Members of the public wishing to speak during the public discussion of items that are on the agenda are requested to fill out the speaker form provided and hand the card to the City Clerk at the beginning of (or during) the meeting. Pursuant to Council/Administrative Policy, Meeting Rules and Procedures section 5.2 (Decorum Generally – Public), comments by members of the public are generally limited to five minutes, or less time if a large number of speakers is anticipated, or if approved by the Mayor. A speaker may not allocate his or her time to another speaker. All remarks shall be addressed to the Mayor. Speakers are urged to avoid unnecessary repetition in their remarks and instead simply indicate agreement with previous speakers.
Speakers desiring answers to questions, at the invitation of the Mayor, may have a staff member provide a brief response. Alternately, a staff member may follow up directly with the speaker during regular City business hours.
E. RECESS TO CLOSED SESSION
E.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
[Gov’t. Code §54956.8]
Property: Nunn Family (No. 2) Limited Partnership, a California Limited Partnership APN 019-081-023-4
APN 019-081-024-2
Negotiating Parties: Laura Houd and Jeffrey Houd
City Negotiators: Darin Gale, Assistant City Manager
Ricardo Noguera, Economic Development Manager
Under Negotiation: Price and Terms of Payment
E.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
[Gov’t. Code §54956.8]
Property: Melrina A. Houser, as Trustee of the Houser Family Survivor’s Trust, as to an undivided 37.5% interest;
William P. Maggiora and Joyce K. Yano-Maggiora, Husband and Wife, as Joint Tenants, as to an undivided 37.5% interest; and Salvo E. Arione and Debra R. Maggiora, Trustee’s of the Arione-Maggiora Family Trust dated December 1, 2017, as to an undivided 25% interest
019-081-020-0
019-081-009-3
019-081-006-9
019-081-019-2
Negotiating Parties: Melrina Houser
City Negotiators: Darin Gale, Assistant City Manager
Ricardo Noguera, Economic Development Manager
Under Negotiation: Price and Terms of Payment
E.3 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) One Potential Case.
E.4 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) One Potential Case.
F. 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.
Public comments received after 3:00 p.m. of the meeting date, but prior to the start of the meeting, will be emailed to the City Council, posted online at www.brentwoodca.gov/councilmeetingonline within one day following the meeting, and will be summarized in the meeting minutes.
The Closed Captioning provided via Zoom is auto generated. It is not the official record and is provided as a convenience.
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 January 19, 2024, 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
SPECIAL CITY COUNCIL AGENDA ITEM NO. C.1
01/23/2024
SUBJECT: Discussion and Direction on the Vineyards at Marsh Creek - Event Center/Amphitheater Phase I (CIP #337-37231) and use of associated funds
DEPARTMENT: Parks & Recreation, Engineering
STAFF: Bruce Mulder, Director of Parks & Recreation
Allen Baquilar, Director of Engineering/City Engineer
TITLE/RECOMMENDATION
Staff is recommending that the City Council receive an update on the Vineyards at Marsh Creek - Event Center/Amphitheater Phase I project, discuss and provide direction regarding about the project, including the use of associated funds.
FISCAL IMPACT
The Vineyards at Marsh Creek - Event Center/Amphitheater Phase I, CIP #337-37231 (“Project”) is included in the adopted 2023/24 – 2027/28 Capital Improvement Program with a total budget of $9,400,000, of which $8,692,279 remains for design beyond the 30% design and construction. Current funding for the Project is comprised of approximately $4,031,000 from the Vineyards Event Center Fund, $350,000 from the Public Art Acquisition Fund and the remainder of approximately $5,019,000 from the Vineyards Projects Fund.
Future ongoing operations and maintenance costs for the current Project scope are unknown at this time. Funding for these costs would be provided primarily from the General Fund, with a small portion funded from revenue from Landscape and Lighting Assessment District 06-3. The current ten-year General Fund Fiscal Model has a placeholder for the annual estimated operating and maintenance costs of $412,000 beginning in FY 2025/26. This estimated cost could change, depending on the scope of maintenance, programming and other operational considerations, such as the potential of off-setting revenues from ticket sales and reservation fees. Additionally, due to the remote location of the Project, additional operational costs may be incurred for site security and to address potential vandalism.
SPECIAL CITY COUNCIL AGENDA ITEM NO. C.1
01/23/2024
BACKGROUND
The Vineyards at Marsh Creek (VMC) development, as approved in 2004, included a variety of proposed future improvements, including an amphitheater and event center. The project, at the time, was comprised of a 170,000 square foot winery with an outdoor 1,000-seat amphitheater to be designed and built by the subdivision developer. Through subsequent amendments to the Development Agreement, the developer dedicated property to the City and provided approximately $3,672,000 in initial funding for the Project. Investment interest of $359,000 has been earned by the City over the years, and is currently included in the project budget.
The scope of the project has been refined through subsequent feasibility studies and stakeholder workshops, and presently includes an up to 1,000-seat outdoor amphitheater, wedding venue, promenade, parking lot, sculpture garden, adventure themed playground, and future 10,000 square foot event center.
The Project has been approved for delivery through the design-build methodology.
Under this system, the contractor, design professionals, and subcontractors work together to design and build a project that realizes the owner’s plan. At this point, 30% design drawings have been prepared for the project and staff is working with an environmental consultant, Raney Planning and Management, Inc., to prepare a Subsequent Environmental Impact Report (SEIR) to determine whether the Project will result in new significant impacts or a substantial increase in the severity of significant impacts previously identified in the original Environmental Impact Report (“EIR”) that was completed in 2004 for the VMC development.
Because of funding constraints, the project as currently envisioned would be constructed in two phases:
Phase I would include construction of a 750-seat amphitheater, 250 vehicle parking lot, traffic signal and shaded promenade. The costs associated with Phase I are anticipated to be approximately $14,400,000. The current project budget is short approximately $5,707,721.
Phase II would add approximately 250 seats to the amphitheater and a 10,000 square-foot event center facility. The costs associated with Phase II are anticipated to be approximately another $5,500,000. The current project budget in total would be short by $11,207,721.
SPECIAL CITY COUNCIL AGENDA ITEM NO. C.1
01/23/2024
To date, $529,560 has been expended and $178,162 encumbered for the project towards the 30% design and environmental review, leaving $8,692,279 to be used to complete the designs and actually construct the project (Phase I and II) using a combination of Development Impact Fee Program funds and Developer provided funds through the Development Agreement and investment interest earned.
The current cost estimate to complete Phase I of project is $14,400,000 utilizes data from a recent estimate for the Sand Creek Sports Complex and takes into account the latest inflation and cost increases in fuel, materials and labor. Based on these figures, the remaining available funding for the project is insufficient to proceed through the design-build contract.
NEXT STEPS
The project team is looking for direction and input based on the information provided in this report. Staff recommends the following options for Council consideration, directing staff to:
1. Continue forward with the project as currently scoped with an option to:
a. Complete the SEIR process and place the project on hold until such time that additional funding to meet the estimated $14.4M required is identified to complete Phase I, or
b. Pause the SEIR process, place the project and SEIR on hold until such time that additional funding is identified for Phase I.
2. Revisit and revise the project scope for an amphitheater, reducing it to fit the current remaining total budget of approximately $8.7M. This would require completion of the SEIR, additional redesign costs, and a significantly smaller amphitheater with less capabilities, and potential off-setting revenue opportunities.
3. Revise the project scope to build a park/trail or other neighborhood amenity on the property with input from the Park and Recreation Commission and public, potentially utilizing some or all of the developerprovided funding of approximately $3.7M and explore repurposing of any balance, including the Development Impact Fee funds and investment interest earned, towards another City project(s), and/or location(s). These funding options will require additional legal review, and can be explored if the Council directs.
SPECIAL CITY COUNCIL AGENDA ITEM NO. C.1
01/23/2024
CITY COUNCIL STRATEGIC INITIATIVE
City of Brentwood Strategic Plan FY 2022/23 – 2023/24 Focus Area 5: Community and Neighborhood Services, Goal 3a Continue Development of the Amphitheater.
PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.
DATE OF NOTICE
Not Applicable.
ENVIRONMENTAL DETERMINATION
City is currently contracted with an Environmental Consultant, Raney Planning & Management, Inc. to prepare a Subsequent Environmental Impact Report for the Project.
ATTACHMENT(S)
1. Previous Action
ATTACHMENT “1”
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.
On April 13, 2004, the City Council approved the Environmental Impact Report, the Development Agreement, the General Plan Amendment and the Rezone for The Vineyards at Marsh Creek Project.
On January 11, 2011, the City Council adopted Ordinance No. 886, approving the first amendment to the Development Agreement for The Vineyards at Marsh Creek Project.
On December 11, 2012, the City Council adopted Ordinance No. 908, approving the second amendment to the Development Agreement for The Vineyards at Marsh Creek Project.
On November 16 and 17, 2017, the City Council held workshops to discuss, deliberate and direct staff on City Council priorities and the allocation of financial resources for the development of a two-year City of Brentwood Strategic Plan. Direction was provided to initiate the amphitheater feasibility study in Fiscal Year 2017/18.
On January 23, 2018, by Resolution No. 2018-07, the City Council amended the 2017/18 Operating Budget and approved the recommended mid-year budget adjustments, including an amendment of $100,000 for funding of the Vineyards amphitheater feasibility study.
On May 8, 2018, by Resolution No. 2018-47, the City Council approved and authorized the City Manager or designee to execute a Professional Services Agreement with C.H.Johnson Consulting, Inc., to perform an amphitheater feasibility study in an amount not to exceed $99,920.
On August 13, 2019, the City Council accepted an informational report regarding the amphitheater feasibility study and provided initial direction to staff, with further City Council direction regarding possible implementation and prioritization to be provided during the upcoming Strategic Planning Process.
On February 25, 2020, by Resolution No. 2020-24, the City Council approved and authorized the use of the design-build methodology for the bidding process of The Vineyards at Marsh Creek – Event Center / Amphitheater, CIP Project No. 337-37231.
On February 9, 2021, by Resolution No. 2021-19, the City Council approved and authorized the City Manager to execute an Agreement for Architectural Design Services with DLR Group in the amount of $362,950, plus a 10% contingency of $36,295, for a total not-to-exceed amount of $399,245, for The Vineyards at Marsh Creek – Event Center / Amphitheater, CIP Project No. 337-37231.
On May 25, 2021, by Resolution No. 2021-59, the City Council adopted the City’s 2021/22 – 2025/26 Capital Improvement Program (“CIP”), which included the Vineyards at Marsh Creek – Event Center/Amphitheater, CIP Project No. 337-37231.
On December 14, 2021, by Resolution No. 2021-149, the City Council approved and authorized the City Manager to execute an Agreement for Environmental Services with Raney Planning & Management, Inc. for preparation of a Subsequent Environmental Impact Report in the amount of $169,420, plus a 10% contingency of $16,942, for a total not-to-exceed amount of $186,362, for The Vineyards at Marsh Creek – Event Center/Amphitheater, CIP Project No. 337-37231.