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Meeting Date:  July 25, 2000

Subject/Title:    Urban Limit Line Status Report

Submitted by:   Mitch Oshinsky, Community Development Director

Approved by:    Jon Elam, City Manager


No action is required, this report is for information purposes only.




The City Manager asked me to provide Council with a status report on the Urban Limit Line (ULL) process at the County.  As you know, the City submitted a lengthy comment letter to the County on May 23, 2000, on the Draft Environmental Impact Report (DEIR).  The purpose of an EIR is to provide complete, accurate information to decision makers on the potential negative impacts, and necessary mitigation measures related to a project.  The City Attorney and I found the DEIR to be significantly deficient, incomplete, and misleading in it’s information.

On July 13, 2000, the County released the Final EIR (FEIR) at a Zoning Administrator (ZA) hearing.  The purpose of that hearing was for the ZA to recommend certification of the FEIR to the Board of Supervisors, as being complete and in compliance with the California Environmental Quality Act (CEQA).  An FEIR contains the DEIR, all comments made on the DEIR, plus (as required by CEQA) written responses by the County to all the DEIR comments.   

Arriving prior to the meeting, I was able to skim the FEIR for a few minutes.  The meeting was convened, and I was the only person to comment.  My comments were that it was premature for the Zoning Administrator to make a recommendation to the Board of Supervisors on the ULL FEIR without first hearing informed comments from the commentors on the DEIR as to the adequacy of the responses to comments on the DEIR.

Having only received the FEIR minutes earlier, the City of Brentwood has not had adequate time to review the FEIR and comment on whether the FEIR is adequate or not, and whether we believe our DEIR comments have or have not been adequately responded to in the FEIR.

With only the few minutes I had to scan the responses to comments, it appeared that they do not adequately address our comments.  The ZA disregarded these comments, and did recommend certification to the Board.

Public hearings by the Board on the ULL are scheduled for July 24 and 25.  I will attend and be prepared to comment.  I also urge the Mayor and Council to attend and comment.  It is important we get our comments on the record at this time to exhaust our administrative remedies. 

I have not yet completed my review of the responses to comments in the FEIR, however it appears that the County has not adequately responded, nor recognized the potential negative impacts of the project, or proposed any adequate mitigation measures.

Attached for your information, is a copy of our May 23 comment letter, and the FEIR response to those comments.

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