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Meeting Minutes

MINUTES
CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
May 13, 2003

A regular meeting of the City Council of the City of Brentwood was called to order at 6:45 p.m. in the Council Chambers located at 734 Third Street, with Mayor Swisher presiding.

Present: Councilmembers Beckstrand, Gutierrez, Hill, Petrovich, Mayor Swisher
Absent: None

The meeting adjourned to closed session at 6:46 p.m. pursuant to Government Code §54957(e)

Conference with Legal Counsel pursuant to Government Code §54957(e) – Liability Claims
Claimant: Donald A. Medine

Closed session adjourned at 6:50 p.m.

The meeting reconvened to open session at 7:00 p.m. with no reportable action.

PRESENTATIONS

A. Brentwood Auto Plaza - Presentation of check to Brentwood Police Activities League.

B. New Employee Introductions and Oath of Allegiance.

The following new employees were introduced and administered the Oath of Allegiance:

Liz Ibarra Finance
Buck Ecklund Community Development
Kimberly Wallace Human Resources

C. A Proclamation designating May 2003 to be National Bicycling Month and May 15, 2003 as “Bike to Work Day” in Brentwood was accepted by Renee Anderson.

CITIZEN COMMENTS - None.

AGENDA REVIEW

Item 6 Corrected hearing date for the appeal of Conditional Use Permit 03-05, Sand Creek Business
Park Master Sign Program.

It was moved/seconded by Swisher/Petrovich to approve the Agenda Review as recommended by staff. Motion carried unanimously.

CONSENT CALENDAR

1. Approved minutes of April 8, 2003.

2. Approved Resolution No. 2842 regarding the John Muir Medical Center to be located on Balfour Road and the Hwy 4 Bypass: (a) Authorizing the City Manager to Execute a Notice of Compliance with Development Agreement; (b) Authorizing the City Manager to Execute a Consent to Ground Lease; and (c) Acknowledging that the Ground Lease is Exempt From the Requirements of the California Subdivision Map Act.

3. Approved Resolution No. 2843 declaring the intent to order improvements of the Landscape & Lighting Assessment Districts (LLD’s) No. 94-1 (Brentwood Country Club); 95-2 (Hawthorne
4. Landing); 95-3 (Pheasant Run); 95-4 (Diablo Estates); 95-5 (California Spirit and Glory); 95-6 (Gerry Ranch); 95-7 (Greystone); 95-8 (Garin Ranch); 97-1 (Hancock – Brentwood Lakes); 97-2 (Marsh Creek Apartments); 97-3 (Brentwood Park Apartments); 98-3 (Solana); 98-4 (Birchwood Estates); 98-5 (Arroyo Seco); 99-3 (SPA ‘L’); 99-4 (California Grove); 99-5 (Deer Creek Country Club); 99-6 (Trailside); 99-7 (Termo); 99-8 (Gerry Property); 99-9 (Richmond American); 00-2 (Lyon Woodfield); 00-3 (California Orchard); 00-4 (Brentwood Park); 01-1 (Laird Project); 02-2 (Oak Street); 02-3 (Apricot Way); 02-4 (Braddock & Logan); 02-5 (Sand Creek & Brentwood Blvd.); 02-6 (Balfour & John Muir); 02-7 (San Jose & Sand Creek); 02-8 (Lone Tree); 02-9 (Balfour Plaza); 02-10 (Lone Tree Center); 02-11 (Lone Tree Plaza); 02-12 (Sunset Industrial); 02-13 (Stonehaven); 03-2 (Meritage Lone Tree); 03-3 (Brookdale Court); 03-4 (Tri City Plaza); 03-5 (West Summerset) and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2003/2004, and set a date of July 8, 2003 at 7:00 p.m. for the public hearing.

5. Consider Resolutions to initiate proceedings for the formation of the City of Brentwood Community Facilities District No. 3: (a) Approve Resolution No. 2844 declaring the intent to establish the City of Brentwood Community Facilities District No. 3 (CFD No. 3) and to levy a special tax therein to finance certain public facilities and services; (b) Approve Resolution No. 2845 declaring the necessity to incur bonded indebtedness, and set a date of June 24, 2003, at 7:00 p.m. for the public hearing.

6. Approved Resolution No. 2846 pursuant to Section 21156 of California Public Employees’ Retirement Law approving the industrial disability retirement for Donald A. Medine.

7. Approve May 27, 2003, as the date for the appeal of Conditional Use Permit 03-05, Sand Creek Business Park Master Sign Program. Pulled for further discussion.

8. Approved Resolution No. 2847 (1) approving an agreement for purchase of fee parcels with Patrick G. McHenry and Donnalle M. McHenry, Trustees of the McHenry Family Trust – 1990, U/T/A dated December 11, 1990, for a portion of real property identified as APN 018-190-020, generally located on the east side of Brentwood Boulevard between Homecoming Way and East Bay Municipal Utility District Aqueduct (EBMUD), hereby accepting real property on behalf of the City, and authorizing the Mayor or City Manager and City Clerk or any of their designees to execute the agreement and such other documents as may be needed to complete the transaction including acceptance of the Deeds; (2) authorize the Mayor or City Manager and City Clerk or any of their designees to execute a document conveying the remainder of City owned property acquired by an Irrevocable Offer of Dedication to The McHenry Family Trust – 1990, as shown upon the Parcel Map MS 100-75 filed June 11, 1976, Book 45, Parcel Maps Page 39 of Contra Costa County Records, excepting there from all those portions lying southerly of the northerly boundary line of Sunset Road Extension and easterly of the westerly boundary line of the connector road between Homecoming Road and Sunset Road Extension and such other documents as may be needed to complete the transaction (3) authorize the Mayor or City Manager and City Clerk or any of their designees to execute a Quitclaim Deed from the City to The McHenry Family Trust – 1990, for the existing Temporary Access Easement from Highway 4 to the City’s Water Treatment Plant and such other documents as may be needed to complete the transaction for the Sunset Road Realignment Project, CIP Project No. 336-3012, and the Homecoming Park Project, CIP Project No. 522-5208.

9. Approved Resolution No. 2848 authorizing the City Manager to execute a Contract Change Order with Associated Right of Way Services, Inc. in an amount not to exceed $20,000.00, due to amending the scope of work for additional right of way services for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127.

10. Approved Resolution No. 2849 approving the following actions: (1) authorizing the Mayor or City Manager and City Clerk or any of their designees to execute a Quitclaim Deed conveying the fee interest the City acquired in the Grant Deed recorded November 27, 2002, Document No. 2002-0450378 for Storm Drain Line A5 from Lawrence E. Martin, Ralph H. Martin, James B. Martin aka James Martin, Paul G. Martin, Currin Investments, Inc., a California Corporation, and William L. Currin and Betty J. Currin, and any other documents necessary to terminate City interest in the Grant Deed, as may be needed to complete the transfer; (2) authorizing the Mayor or City Manger and City Clerk or any of their designees to accept an Easement Deed for Storm Drain Line A5 from Lawrence E. Martin, Ralph H. Martin, James B. Martin aka James Martin, Paul G. Martin, Currin Investments, Inc., a California Corporation, and William L. Currin and Betty J. Currin, hereby accepting real property on behalf of the City, and authorizing the Mayor or City Manager and City Clerk or any of their designees to execute any documents necessary to complete the transaction for the construction of Storm Drain Line A5 south of Lone Tree Way and west of Fairview Avenue to an easement.

11. Waived second reading and adopted Ordinance No. 742 approving the Rezone (RZ 02-12) of approximately 9.26 acres from R-1-10 to PD-35 and amending Chapter 17.485 of the Brentwood Municipal Code by establishing development standards for Subarea 'H' (TSM 8663) of PD-35, located generally between Grant Street and Apricot Way, west of Fairview Avenue.

12. Approve a Resolution approving the Final Map of Subdivision No. 8413, Western Pacific Housing, located south of Sycamore Avenue and west of Garin Parkway, accepting the improvement security, approving the Subdivision Improvement Agreement, accepting Parcels B, C, D and E with this Final Map, and authorizing the Mayor and City Clerk to execute the same. Pulled for further discussion.

13. Approved Resolution No. 2851 establishing a compensation and classification description for Finance Operations Manager.

14. Approved the date of June 10, 2003 at 5:30 P.M. for workshop to review the 2003/04 Operating Budget.

15. Approved appointments of Patrick McCarran and Saunie Fridley to the Arts Commission for three-year terms (through December 31, 2005).

16. Approved Resolution No. 2852 authorizing the City Manager to execute a Construction Inspection Services Contract with Harris & Associates in an amount not to exceed $104.340.00 for the Brentwood Boulevard Curve Project, CIP Project No. 336-3100.

17. Approved Resolution No. 2853 authorizing the Mayor or City Manager and City Clerk or any of their designees to execute the Option to Purchase Agreement with Braddock & Logan, and such other documents as may be needed including executing the Grant Deed to complete the sale of a portion of City owned property after the final monetary value is determined in the eminent domain proceeding (a portion of APN 019-110-048), a parcel consisting of approximately 0.45 acres for the extension of Shady Willow Lane between Sand Creek and the new Sand Creek Road.

18. Approve a Resolution authorizing the closure of certain streets to facilitate the Second Annual One Day at a Time Car Show Fundraiser. Pulled for further discussion.

19. Approved Resolution No. 2855 for the purchase of automated collection carts in the amount of $202,608.55 from Schaeffer Industries for the Solid Waste Division.

19. Approved Resolution No. 2856 authorizing the City Manager or his designee the authority to execute all necessary documents for the purpose of securing 2003/04 through 2008/09 Used Oil Grant funds.
20. Approved Resolution No. 2857 for the purchase of a new Ford F-150 Truck from Bill Brandt Ford and authorize the City Manager to execute a purchase agreement not to exceed $18,456.21.

21. Approved Resolution No. 2858 authorizing the City Manager to increase the contract amount with Granite Construction Company for completion of the Sand Creek Road (Central) Project, CIP Project No. 336-3061, in an amount not to exceed $27,100.00 for balancing final quantities.

22. Approved Resolution No. 2859 accepting the work performed by McKay & Company Construction for concrete and site preparation work for the interim Public Works Corporation Yard 10,000 square foot building, CIP 336-3030 and direct the City Clerk to file a Notice of Completion with the County Recorder.

23. Approved Resolution No. 2860 accepting the masonry work performed by Inland Masonry on the interim Public Works Corporation Yard 10,000 square foot building, CIP 336-3030 and direct the City Clerk to file a Notice of Completion with the County Recorder.

24. Approved Resolution No. 2861 accepting the work performed by Yelton Company for site demolition work at the Public Works Corporation Yard, CIP 336-3030 and direct the City Clerk to file a Notice of Completion with the County Recorder.

25. Accepted the resignation of Jeff Cowling from the Parks & Recreation Commission and direct staff to advertise the vacancy.

26. Rejected the claim presented by Brenford Coulter on January 29, 2003.

27. Approved Resolution No. 2862 authorizing the City Manager to dispose of four surplus Ford Police vehicles by sale to the Cities of Oakley and Trinidad.

28. Approved Resolution No. 2863 awarding the construction contract for the Brentwood Boulevard Curve, CIP Project No. 336-3100, to Bay Cities Paving & Grading, Inc.; in the amount of $412,916.50; and grant the City Manager authority to execute change orders up to 10% of the contract amount.

It was moved/seconded by Petrovich/Beckstrand to approve Consent Calendar Items 1 – 5, 7 – 10, 12 – 16 and 18 – 28 as recommended by staff. Motion carried unanimously.

Item 6 Approve May 27, 2003, as the date for the appeal of Conditional Use Permit 03-05, Sand Creek Business Park Master Sign Program

It was moved/seconded by Hill/Beckstrand to approve Consent Calendar Item 6, changing the hearing date to May 27, 2003. Motion carried unanimously.

Item 11 Approve a Resolution No. 2850 approving the Final Map of Subdivision No. 8413, Western Pacific Housing, located south of Sycamore Avenue and west of Garin Parkway, accepting the improvement security, approving the Subdivision Improvement Agreement, accepting Parcels B, C, D and E with this Final Map, and authorizing the Mayor and City Clerk to execute the same.

Council Member Gutierrez stated that she did not agree with the zoning in that area and would be abstaining on the item since it was located next to the football field and there were lights and activities that went on very late and there was lots of noise and traffic.

RESOLUTION NO. 2850

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE FINAL MAP OF SUBDIVISION NO. 8413, WESTERN PACIFIC HOUSING, LOCATED SOUTH OF SYCAMORE AVENUE AND WEST OF GARIN PARKWAY, ACCEPTING THE OFFERS OF DEDICATION SHOWN THEREON SUBJECT TO ACCEPTANCE OF IMPROVEMENTS, ACCEPTING THE IMPROVEMENT SECURITY, APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE SAME

It was moved/seconded by Swisher/Petrovich to waive full reading and approve Resolution No. 2850 as recommended by staff. Motion passed by the following vote:

AYES: Beckstrand, Hill Petrovich, Mayor Swisher
NOES: None
ABSENT: None
ABSTAIN: Gutierrez

Item 17 Approved Resolution No. 2854 authorizing the closure of certain streets to facilitate the Second Annual One Day at a Time Car Show Fundraiser.

RESOLUTION NO. 2854

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CLOSURE OF CERTAIN STREETS IN ORDER TO FACILITATE THE ONE DAY AT A TIME PROGRAM CAR SHOW FUNDRAISER ON SUNDAY, JUNE 1, 2003.

It was moved/seconded by Gutierrez/Hill to waive full reading of Resolution No. 2854 and approve the closure of certain streets as recommended by staff with the waiver for Police fees. Motion passed by the following vote:

AYES: Gutierrez, Hill, Petrovich, Mayor Swisher
NOES: Beckstrand
ABSENT: None
ABSTAIN: None

Council Member Beckstrand asked to bring forward something more on the basis of commercial events versus non profit and City events.

PUBLIC HEARINGS

29. Zoning amendment to amend the C-1 (Neighborhood Commercial) zoning text to add health club facilities as a conditionally permitted use within this zone and allow the text to reflect language for similar uses.

Debbie Hill, Assistant Planner, explained that there were currently four areas within the City that had C-1 zoning and the amendment request would amend the zoning text for all of those areas. The C-1 zoning designation was intended to provide neighborhood convenience centers, which were five to ten-acre shopping centers with a supermarket as a prime tenant. The neighborhood convenience center was intended to serve the needs of the surrounding neighbors within a one-mile radius. The existing text for C-1 zoning designation included permitted uses such as bakeries, bookstores, florists, gift shops, ice cream parlors, supermarkets, drug stores, Laundromats, dry cleaners, beauty and barber shops and shoe repair. Conditionally permitted uses included service stations, non-mechanical car washes, restaurants, liquor stores, banks, day care uses, meeting halls or community centers, she informed. This allowed the Zoning Administrator flexibility in determining whether or not a specific use would be permitted or conditionally permitted in each zone by including language for similar uses. The C-1 text lacked the language which was included in the C-2 and C-3 sections of the ordinance and would have given the City latitude when considering the health club use for the zone without amending the text. In order to eliminate the situation from occurring in the future, language had been added to alleviate the situation.

The existing health club facility within the City was located in the C-2 zone and Planning Commission had approved an additional health club facility within the harvest business park, she said. Approval of this zoning amendment would allow the In-Shape Health Club project proposal for Balfour Road and Griffith Lane to move forward to a public hearing before the Planning Commission. Staff was bringing forward the recommendation of approval of the text amendment by the Planning Commission.

Mayor Swisher opened the public hearing and hearing no testimony, it was moved/seconded by Hill/Beckstrand to close the public hearing. Motion carried unanimously.

Mayor Swisher asked if it would be allowed to come forward as an other use as determined by the Zoning Administrator if Council did not approve the health club facility as a conditional permitted use.

Mitch Oshinsky, Community Development Director, stated that it could come forward and may not have that broad of an interpretation and was a more narrowly focused discussion.

Mayor Swisher commented that he would be more comfortable if it was specifically listed.

Council Member Gutierrez said that the health club would be in the middle of a neighborhood and there would be meeting halls and community centers included and that this seemed consistent.

ORDINANCE NO. 743

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A ZONING AMENDMENT (RZ 03-05) TO AMEND THE C-1 (NEIGHBORHOOD COMMERCIAL) ZONING TEXT TO ADD HEALTH CLUB FACILITIES AS A CONDITIONALLY PERMITTED USE WITHIN THIS ZONE AND ALLOW THE TEXT TO REFLECT LANGUAGE FOR SIMILAR USES.

It was moved/seconded by Swisher/Hill to waive the first reading of Ordinance No. 743 and amend the zoning in C-1. Motion passed by the following vote:

AYES: Beckstrand, Gutierrez, Hill Petrovich, Mayor Swisher
NOES: None
ABSENT: None
ABSTAIN: None

30. Consideration of an Ordinance amending Chapter 17.480 of the Municipal Code by adding development standards for Subarea B of the Planned Development (PD) 30 Zone generally located on the northwest corner of Oak Street and the future northern extension of Garin Parkway east of Liberty High School. Continued from April 22, 2003.

Winston Rhodes, Senior Planner, stated that the (PD) 30 Zone called for the creation of specific development standards prior to, or in conjunction with, submitted development plans for Subarea B. The boundaries of (PD) 30 were roughly south of Sycamore Avenue, east of the high school and north of Chestnut. Subarea B portion of the (PD) 30 Zone was located on the northwest corner of Oak Street and future extension of Garin Parkway. An 80-unit multi-family senior project had been proposed and approved by Planning Commission in February, subject to approval of the Plan Development 30 amendment. At the March 25, 2003 meeting, Council tabled the project until the 2.7 acres located west of the project site would be approved for purchase by the Liberty Union High School District, he said. The Liberty Union High School District had purchased the property and an agreement had been received memorializing the action. The proposed Development Standards were included in the ordinance and due to the age restricted nature of the development, a reduced parking standard was included and was consistent with the conditionally approved project plans for the site.

Mayor Swisher opened the public hearing.

Bob Sellers, Western Pacific Housing, encouraged Council to approve the ordinance amendment.

Chris Larry said he endorsed the project.

ORDINANCE NO. 744

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A ZONING AMENDMENT TO CHAPTER 17.480 OF THE BRENTWOOD MUNICIPAL CODE WHICH ADDS DEVELOPMENT STANDARDS FOR SUBAREA B OF THE PLANNED DEVELOPMENT- 30 ZONE, AN APPROXIMATE 3.43-ACRE AREA LOCATED NORTHWEST OF THE INTERSECTION OF OAK STREET AND GARIN PARKWAY AND EAST OF LIBERTY HIGH SCHOOL (APN 019-091-001 AND 019-091-002).

It was moved/seconded by Petrovich/Hill to waive the first reading of Ordinance No. 744 adding development standards for Subarea B of the Planned Development (PD) 30 Zone. Motion passed by the following vote:

AYES: Beckstrand, Gutierrez, Hill Petrovich, Mayor Swisher
NOES: None
ABSENT: None
ABSTAIN: None

OLD BUSINESS

31. Discussion on the draft Contra Costa Shaping Our Future Vision Plan, including its relation to the Urban Limit Line.

Mitch Oshinsky, Community Development Director, explained that a final commitment was sought from all 19 cities and the County Board of Supervisors regarding the Shaping Our Future Vision Plan and he referred to a memo from Council Member Gutierrez that summarized questions and concerns raised and noted that were being addressed. Council had been requested to let them know if there were any adjustments to the urban limit line that would be critical to the City’s support of the proposed Shaping Our Future vision plan and the City had been asked to send a map showing areas of concern to elected officials. A map had been prepared in connection with the City Manager that was an inventory of the area outside the urban limit line. He noted that there were areas that Council may want to consider to be of interest to suggest to the Shaping Our Future group. The map showed five areas and in the northeast corner of the City, there was an area between the existing urban limit line and Sellers. Sand Creek and Delta Road was an area designated for industrial and business park use by the general plan and he suggested that the area be available for inclusion in the urban limit line within five years. The second area south of that was bounded by the urban limit line, Sellers, Sand Creek and Chestnut and the northern portion of the area was designated for low density residential and the southern portion was designated in Special Planning Area S, which was planned for from zero to two dwelling units per acre with a mid-range of one and he suggested that the area be available within the urban limit line to provide housing opportunities within five to ten years. The third area was the triangle, he said, bounded by Marsh Creek Road, the Bypass and Walnut and east of the Vineyards at Marsh Creek development and was designated in the general plan for a mix of business park, industrial, low, medium and high density housing. With the potential development by the Vineyards at Marsh Creek, Community Development viewed the area as having potential for future uses for related agricultural/industrial uses possibly related to the winery, may be feasible in one to five years or a business park in five to 20 years. The fourth area, he informed, was Planning Areas G and H, which were located south of Balfour and east of Deer Valley and were designated for a mix of residential, including very low density ranchette estates and low density housing and there were some commercial and urban reserve land uses. The City had planned for and anticipated development of those areas to provide housing opportunities and was within the City’s sphere of influence and he suggested that they be included within five years. The last area was the area north of Balfour and east of Deer Valley and was designated Special Planning Area R in the general plan. It did not have land use designations during the general plan update and would be planned in the future, he said, and recommended that half of the site, up to the alignment with Central Boulevard, be considered for inclusion in the urban limit line within ten years and that there be coordinated planning and development with the City of Antioch on their northern portion of the Special Planning Area. He said that with Council concurrence or Council direction on items, the recommended changes and map would be forwarded to the Shaping Our Future policy committee.

Director Oshinsky referred to the Shaping Our Future test site map showing the Antioch, Oakley and Brentwood boundaries where there was the potential of an E-Bart station going in and a mix of housing with retail, multi-family housing, offices and developments such as Winco and Acorn Self Storage. East of the rail road tracks the plan showed a modified version of the proposed Pulte Rose Garden, with a mix of single and multi-family residential uses. There had been discussions with consultants for BART that Oakley would like the E-BART station to be adjacent to their future planned 40-acre regional commercial site. The consultant working with the City was looking at the plan drafted by Cal Thorpe Architects for the Shaping Our Future group and he said that this would be the starting point for development of the City’s own specific plan that would incorporate the desires of the Council and Planning Commission.

Director Oshinsky provided a chart to Council that incorporated housing and jobs by City and showed the trend and the Shaping Our Future increments. The vision plan referred to policies regarding the urban limit line and a policy that would eliminate the County from having jurisdiction to control developments inside the urban limit line. If an area inside the urban limit line developed, it should first be annexed to a city.

Council Member Gutierrez noted that east Contra Costa County was left behind in terms of infrastructure and she was not in favor of expanding the boarders but understood that it was done because the infrastructure was needed as well as investment in regional transportation problems.

Council Member Hill stated that he was opposed and said he believed that there should not be any time lines and that the general plan was what should be sent to the County as the City’s decision for what the urban limit line should look like.

Council Member Beckstrand said she was opposed and that Contra Costa County was one of the last counties in the state that got involved in land use planning and that they should not be involved. With regard to the E-BART station, she said she had no faith in Measure C and the State of California had added Highway 4 improvements to on ramps and off ramps rural highways. She did not believe Measure C would pass again and did not have faith in E-BART making it to Brentwood. BART wanted the City to pay for it and land bank it until such time as they decide that they would allocate the funds. BART had just awarded Santa Clara the next extension and the housing elements as listed in Shaping Our Future were very vague and she had heard it was about multi-family housing. To assume that the City would like multi-family housing, high density transit oriented developments in every quadrant of the City was what she believed that Shaping Our Future would like for the City. In looking at the map, the Shaping Our Future group was not clear on what the City’s sphere of influence was and there was not a county supervisor representing Brentwood and there were some cities being manipulated to buy into this. She added that the voice of the people had already asked for specifically related items that would be best for the individual community within the county.

Council Member Gutierrez commented that the City was not bound by the loose content.

Council Member Petrovich stated that this was a waste of time and agreed with Council Members Hill and Beckstrand.

Council Member Beckstrand asked that Council Members receive a copy of the comments that Oakley had and she asked to have a map with those changes filed and to look at a piece above the Genocio property. She said she did not want to have the property end up a county island if Antioch changed their plans. The City needed to come to an agreement with Antioch or it needed to be taken on by the City to place it on the map and she asked to follow through with numerous items of objections and have the objections recorded.

Council Member Hill agreed to send a bold statement to the county.
Mayor Swisher agreed with the request of Council Member Gutierrez to make the county responsible and reliable for some transportation funds. There were great figures for jobs and no figures for transportation and it needed to be included.
Council Member Petrovich asked that the correct map be sent.
Council Member Hill said that the county disrespected the City’s general plan and the City still wished to have the general plan.
32. Update on the status of development of Sunset Sports Complex, CIP 522-5201, and directed staff to put the project out to bid.

Director of Parks and Recreation, Craig Bronzan, introduced the item and if the Sunset Sports Complex was within budget, he requested that the item go out to bid.

Janet Hansen, Park Planner, provided an overview to Council stating that the design had been through a long process from the original concept to the preliminary plan to the final construction documents and staff was ready to go out to bid. The opinion of probable cost, developed by Abbey, Arnold and Associates, was within the allocated budget through the CIP program. She noted that minor modifications from the previous year had been made to incorporate the project now that construction documents were complete and there was a more accurate construction schedule. The budget was revised to complete the project over the next two fiscal years.

Peter Arnold, Architect for Abbey, Arnold and Associates, stated that on the southwest portion there was a competition, sand-based soccer field with Bermuda grass, there were three full size soccer fields above that, standard turf, a 300-car parking lot and an 80-car parking lot along the north side above the baseball diamond, Pony League baseball diamond and a fourplex of softball diamonds, there was an overlay of soccer field and the ability to overlay another soccer field. He said that there would be future batting cages and a connection with an equestrian parking area to the Marsh Creek Trail and a water treatment area for the East Contra Costa Irrigation District overflow and there were two concession stands, a maintenance facility storage area and play area with picnic areas.
In response to Mayor Swisher, Mr. Arnold clarified that the project would be in two, concurrent phases.
Ms. Hanson said that Parks and Recreation had coordinated the Phase II to start as soon as the existing fields could be taken out of play, based on current uses.

Council Member Hill noted that the facility would accomplish the goals of the user group and bring the project in or around budget using a collaborative effort.

It was moved/seconded by Hill/Petrovich to direct staff to put the Sports Complex project out to bid. Motion carried unanimously.

33. Reconsidered and approved proposal for a City of Brentwood finance plan for Brentwood P.A.L.

Craig Bronzan, Director of Parks and Recreation, presented the fiscal impacts to the City for the full time employee, office support, training for the staff and after school playground program with the 50/50 cost and all additional P.A.L. programs would be the responsibility from fundraising for the P.A.L. board to be administered by the City.

Mayor Swisher asked why Council was looking at the program over two years and not one year and Director Bronzan responded that the Parks and Recreation Department was now developing two-year budget cycles and it could be reviewed in one-year and would be reviewed in January to prepare for the next two-year budget cycle.

It was moved/seconded by Hill/Beckstrand to approve the proposed finance plan for Brentwood P.A.L.. Motion carried unanimously.

NEW BUSINESS

34. Consideration of resolutions to initiate proceedings for the formation of CIFP 2003-1 and Assessment District 2003-1 and setting a date of July 8, 2003 for the public hearing for the Assessment District formation: (a) Approved a Resolution appointing an Underwriter, Bond Counsel, and Engineer of Work, and Approving Deposit and Reimbursement Agreements for CIFP 2003-1 and Assessment District No. 2003-1; (b) Approved a Resolution Declaring Official Intent to Reimburse Certain Expenditures from Proceeds of Indebtedness; (c) Approved a Resolution of Intention to Order Improvements in Assessment District No. 2003-1 and Approving the Proposed Boundary Map; (d) Approved a Resolution Preliminarily Approving Engineer's Report and setting the date of July 8, 2003 at 7:00 PM for the Public Hearing of Protests and Providing for Property Owner Ballots for Assessment District No. 2003-1.

Paul Eldredge, Assistant City Engineer, noted that the item was before Council to set the public hearing for July 8, 2003 for Assessment District 2003-1 and to start the proceedings for the district. He noted that there were 1,100 residential dwelling units in the district, 5.66 acres of commercial for a total bond issuance of $18.3 million.

John Knox, Orrick, Herrington & Sutcliffe LLP, bond counsel for the CIFP, explained that this was the initial set of proceedings for the process of establishing a new CIFP for the City and none of the actions were final. The item was before Council to establish a notice period and the hearing date of July 8, 2003. He worked with staff and other consultants with the City, meeting with property owners and he presented the results of the meetings. He said he believed that by July 8, 2003, the property owners would have consented to the district, having approved the assessments on their property, and Council would be asked if they wished to finalize the district at that time. He noted that mailing notices would be sent out to all property owners of record, as required by law, and that would be a 45-day notice period, which was why the July 8, 2003 date was chosen.

RESOLUTION NO. 2864

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPOINTING AN UNDERWRITER, BOND COUNSEL, AND ENGINEER OF WORK, AND APPROVING DEPOSIT AND REIMBURSEMENT AGREEMENTS FOR CIFP 2003-1 AND ASSESSMENT DISTRICT NO. 2003-1

RESOLUTION NO. 2865

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DECLARING OFFICIAL INTENT TO REIMBURSE CERTAIN EXPENDITURES FROM PROCEEDS OF INDEBTEDNESS

RESOLUTION NO. 2866

A RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO ORDER IMPROVEMENTS IN ASSESSMENT DISTRICT NO. 2003-1 AND PPROVING THE PROPOSED BOUNDARY MAP

RESOLUTION NO. 2867

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD PRELIMINARILY APPROVING ENGINEER’S REPORT, SETTING THE DATE OF JULY 8, 2003 FOR PUBLIC HEARING OF PROTESTS AND PROVIDING FOR PROPERTY OWNER BALLOTS FOR ASSESSMENT DISTRICT NO. 2003-1

It was moved/seconded by Hill/Gutierrez to waive full reading of Resolution Nos. 2864, 2865, 2866 and 2867 and approve as recommended by staff. Motion passed by the following vote:

AYES: Beckstrand, Gutierrez, Hill Petrovich, Mayor Swisher
NOES: None
ABSENT: None
ABSTAIN: None

CITIZEN COMMENTS

Ron Nunn spoke regarding Item 31 and said one of the properties identified by Council was his and was bordered by Balfour Road and Deer Valley and by the City of Brentwood on the east and city limits of Antioch on the north. He said that the property had always been part of Brentwood and was in the Brentwood School District. If Council did not want it in Brentwood, he asked that it not be put in and said he believed it was not reasonable to split the property into two city divisions. He spoke on Item 32 and said he believed that there were a significant amount of lights there and he asked if more lights were closer to his home.

Craig Bronzan said that there may be more lights and that they may not be closer to his home.

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS - None.

REQUESTS FOR FUTURE AGENDA ITEMS

Council Member Hill noted that the U. S. Print building was a very large prominent property in the community and was blighted and he asked for a discussion at the next Council Meeting regarding abatement and if the City should take care of it and/or bill U. S. Print for it.

ADJOURNMENT

There being no further business, the meeting was adjourned at 8:10 p.m.

Respectfully Submitted,

Cynthia Garcia
Assistant City Clerk

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov