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 MINUTES
CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
January 14, 2003

A regular meeting of the City Council of the City of Brentwood was called to order at 7:00 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 7:00 p.m. pursuant to Government Code §54956.9(a) – l

CLOSED SESSION 

Labor Negotiations; Employee Organizations: Brentwood Police Officers Association, Brentwood Employees Association; Unrepresented Employees: Management/Mid-Management; Labor Negotiator – John Stevenson; pursuant to Gov’t Code § 54957.8

Closed Session adjourned at 7:35 p.m.

The meeting reconvened in open session at 7:40 p.m. with no action to report.

AGENDA REVIEW

Item 8 Revised Staff Report. (P. Zolfarelli) 

Item 9 Request to Pull Item from Agenda (P. Zolfarelli) 

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

Item 10B Execute a New Temporary Public Highway Crossing Agreement with the Union Pacific Railroad Company for Sand Creek Road East, CIP project No. 336-3061 (B. Grewal/D. Spekner) 

It was moved/seconded by Petrovich/Hill to add item 10B, to the Consent Calendar per Agenda Review. Motion carried unanimously.

CITIZENS COMMENTS

Bill Putman, representing Delta Community Services, announced a Spaghetti Feed sponsored by the Delta Community Center.

Ms. Kephart, resident, complained about basket ball hoops in the streets stating that she feels it is dangerous for kids to play in the street and it makes it difficult for garbage trucks to service the neighborhoods. She suggested that ownership of a basketball hoop require a permit thereby making the owner more responsible.

Mayor Swisher commented that the City will soon be examining an Ordinance for street fronts and this issue will be taken into consideration.

George Clemons, resident, commented that he does not feel that there is a safe route for pedestrians in the North Brentwood area due to the construction work that is going on in town. 

Barbara Guise, representing Tri-Delta Transit, announced that as of February 3, 2003 Tri Delta Transit will begin a new route. There will now be one bus servicing the west side of Highway 4 and one bus servicing the east side of Highway 4. Riders will need to transfer, but there are many advantages to the new route changes. 

Mrs. Guise also announced the reception for the Diego Rivera Art Exhibit January 28, 2003 from 6:00 – 8:00 p.m. at the Brentwood Education and Technology Center. The exhibit will run January 27 – March 7, 2003.

Greg Robinson, resident, spoke about the 90 minute time restriction on the 2nd Street parking lot downtown and ask Council to consider issuing permits to employees of downtown businesses to allow for all-day parking.

Mayor Swisher responded that Council and staff are aware of the problem and will be looking into it.

Tom Jepson, Knightsen resident, thanked the City of Brentwood for their donations in helping them in moving the historical school site to the Historical Society. He encouraged everyone to join the historical society.

CONSENT CALENDAR

1. Approved Minutes of December 3, 2002 (1A) and December 10, 2002 (1B). Item 1A pulled for further discussion.

2. Approved Resolution No. 2769 setting the start time for City Council Meetings at 7:00 p.m.

3. Reject a claim presented by Rebeca Renteria. Pulled for further discussion.

4. Set the date February 11, 2003 at 6:00 p.m. for a Joint Workshop with City Council and Planning Commission regarding the first phase of John Muir Medical Center Office Building. 

5. Approve a Resolution accepting Parcel A, Subdivision No. 8369, Beck Properties, and also approve a Lease with Cingular Wireless for the Use of Parcel A, located on the PG&E Tower, near San Jose Avenue and Highway 4 Bypass. Pulled for further discussion.

6. Approved Resolution No. 2770 adopting a policy concerning the City’s participation in friend-of-the-court briefs. 

7. Approved Resolution No. 2771 authorizing the City Manager to execute a contract with Pacific Gas and Electric (PG&E) in an amount not to exceed $81,124.14 for the undergrounding of the existing 21 kV Overhead Distribution Power Line along Sunset Road along the Sunset Industrial Complex frontage for CIP Project No. 336-3128.

8. Approved Resolution No. 2772 awarding the concrete pad installation contract for work associated with the Corporation Yard interim move; authorize the City Manager to execute the agreement and necessary documents and grant the City Manager authority to execute change orders up to 10% of the contract amount. 

9. Approved a Resolution awarding the masonry/block wall construction contract for work associated with the Corporation Yard interim move; authorize the City Manager to execute the agreement and necessary documents and grant the City Manager authority to execute change orders up to 10% of the contract amount. Pulled per agenda review.

10. Amend the criteria for the selection of successful candidates to purchase city owned property located at the Sunset Industrial Complex, northeast of Tresch and Sunset Roads. Pulled per Agenda Review.

10A. Set the date of Tuesday January 28, 2003 at 6:00 p.m. to hold a Council Workshop regarding fire protection services for the City of Brentwood.

10B. Approved Resolution No. 2773 approving a New Temporary Public Highway Crossing Agreement with the Union Pacific Railroad Company for Sand Creek Road East, CIP project No. 336-3061.

It was moved/seconded by Hill/Beckstrand to approve Consent Calendar Items 1b, 2, 4, 6, 7,8, 10A and 10B as recommended by staff. Motion carried unanimously.

Item 1A Approve Minutes of December 3, 2003.

It was moved/seconded by Hill/Petrovich to approve the City Council Minutes of December 3, 2002 as recommended by staff. Motion carried unanimously.

Item 3 Reject a claim presented by Rebeca Renteria.

Councilmember Petrovich asked for more information on the item.

Karen Diaz, City Clerk/Director of Administrative Services, gave an overview of the events leading up to the accident. 

After some Council discussion, It was moved/seconded by Hill/Beckstrand to approve Item 3 as recommended by staff. Motion carried with Councilmember Petrovich voting no.

Item 5 Approve a Resolution accepting Parcel A, Subdivision No. 8369, Beck Properties, and also approve a Lease with Cingular Wireless for the Use of Parcel A, located on the PG&E Tower, near San Jose Avenue and Highway 4 Bypass.

Councilmember Gutierrez stated that she felt that too many electromagnetic waves exist in the environment and she did not want to contribute more.

Councilmember Petrovich stated that the contribution of more electromagnetic waives to the environment was not an issue stating that it is more dangerous to place a cell phone to your ear than to put the antenna on the tower. 

RESOLUTION NO. 2774

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ACCEPTING THE DEDICATION OF PARCEL A, SUBDIVISION NO. 8369, BECK PROPERTIES, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH PACIFIC BELL WIRELESS, dba CINGULAR WIRELESS, FOR USE OF A PORTION OF PARCEL A

It was moved/seconded by Beckstrand/Petrovich to approve Resolution No. 2774 as recommended by staff. Motion carried by the following vote:

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

Item 10 Amend the criteria for the selection of successful candidates to purchase city owned property located at the Sunset Industrial Complex, northeast of Tresch and Sunset Roads.

Councilmember Petrovich asked Howard Sword, Director of Economic Development, to explain the amendment to the criteria for candidates to purchase property at the Sunset Industrial Complex.

Mr. Sword responded that the criteria was amended to include businesses that have relocated out of Brentwood within the past four years due to the lack of a suitable building site as a five-point priority under the Existing Business Location Priorities criteria category and include these businesses in the initial sales offering.

It was moved/seconded by Petrovich/Hill to approved Item 10 as recommended by staff. Motion carried unanimously.

PUBLIC HEARINGS

11. Consideration of a Resolution approving the issuance of multifamily housing reserve bonds by the California Statewide Communities Development in an aggregate principal amount not to exceed $35,000,000 for the purpose of providing financing for the acquisition, construction and development of an approximately 178-unit multifamily residential rental project located at Sand Creek Road and Shady Willow. 

Dennis Beougher, City Attorney explained that the California Statewide Communities Development Authority is authorized among certain local agencies throughout the State of California, including the City of Brentwood, to issue revenue bonds for the purpose of financing multifamily rental housing projects. Brentwood Arbor Ridge L.P. has requested that the Authority issue multifamily housing revenues bonds in an aggregate principal amount not to exceed $35,000,000 for the purpose of providing financing for the acquisition, construction and development of an approximately 178-unit multifamily residential rental project located in Brentwood, to be generally known as the Arbor Ridge Apartments. Mr. Beougher explained that Council will still retain the right to approve the project this is simply the Joint Powers Authority to go forward with the application.

The Public Hearing was opened.

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

RESOLUTION NO. 2775

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY

It was moved/seconded by Petrovich/Gutierrez to waive full reading and approve Resolution No. 2775 as recommended by staff. Motion passed by the following vote:

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

12. Consideration of a Resolution approving the Final Engineer’s Report, and confirming the de-annexation/annexation and new formations within the Consolidated Landscape & Lighting Districts Mid Year Annexation Fiscal Year 2002-03.

Debra Galey, Engineering Services Specialist, presented the staff report stating that the Landscaping and Lighting Act of 1972 requires that an annual review and updated Engineer’s Report be prepared to set new assessment rates each fiscal year. In addition, the formation of new assessment districts or annexations/de-annexations to the existing assessment districts also require an Engineer’s Report to be generated. The assessments may or may not change each fiscal year (dependent upon the annual maintenance and operational expenditures), but cannot exceed the maximum annual assessment amount set when the assessment districts were originally formed, plus an annual cost of living adjustment. As part of the process, the Landscaping and Lighting Act of 1972 requires that an Engineer’s Report must be filed with the City Clerk and a public hearing be held. 

It is anticipated that there will be the formation of five (5) new Assessment Districts: 02-9 (Balfour Plaza), 02-10 (Lone Tree Center), 02-11 (Lone Tree Plaza), 02-12 (Sunset Industrial), and 02-13 (Stonehaven). In addition, Subdivision No. 8352 is proposed to be de-annexed from District 02-6 (Balfour & John Muir) and annexed into District 99-5 (Deer Creek Country Club). To ensure that the assessment districts will be established prior to completion of each development, it is imperative to take these Districts through a mid year formation and annexation process instead of waiting until the typical Fiscal Year 2003/04 update in July of 2003. 

The Landscape and Lighting Act of 1972 and Proposition 218 require all new districts and annexations receive voter approval by property owner, prior to final approval from City Council. Ballots for these areas were sent out on November 27, 2002, which is a minimum of 45 days prior to this public hearing.

The City Clerk or her designee will tabulate all of the votes received after the close of the public input portion of the Public Hearing. This information will subsequently be presented to the City Council, prior to the Council vote on the new district formations and annexation/de-annexation.

The second item under consideration at the close of the public hearing is approval of a resolution approving the Consolidated Report for the City’s Landscape & Lighting Districts Mid Year Annexation FY 2002/03, and levying the assessments for the 2002/03 Fiscal Year.

The third and final action by the City Council is to authorize the levy of assessments for the Landscape & Lighting Assessment Districts included in the Mid-Year Annexation for Fiscal Year 2002/03.

The Public Hearing was opened. 

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

Ms. Galey and Jennifer White, representing Francisco and Associates, began tabulating the ballots. 

13. Consideration of an Ordinance approving the rezone of a 10.3 acre site from R-1 (Single Family Residential) to PD-62 (Planned Development 62 Zone) and adding development standards for PD-62. 

Debbie Hill, Assistant Planner, introduced the item stating that the subject property is an unimproved 10.3 acre site formerly owned by the Catholic Church. The property has been purchased by Braddock & Logan to develop a single-family residential project at this site. They are requesting a rezone of the property and the adoption of development standards in order to move forward with this project. The R-1 zoning currently in place would not permit the type of development the applicant is seeking without granting numerous variances for setbacks. Thus, the establishment of a planned development zone with the creation of specific development standards which will accommodate this development is preferable. The recommendation to rezone, the tentative subdivision map and the associated design review were approved by the Planning Commission on December 17, 2002. The proposed development standards are consistent with other developments of similar lot sizes in the City.

The Public Hearing was opened.

Don Reever, representing Braddock & Logan, addressed Council stating that he would be glad to answer any questions they may have.

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

Councilmember Beckstrand asked Craig Bronzan, Director of Park and Recreation, if this project has met the requirements for open spaces and pocket parks. 

Mr. Bronzan responded that they have met all the requirements that we have for new development with respect to pocket parks, open space and timing.

ORDINANCE NO. 734

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING REZONE 02-06 OF A 10.3 ACRE SITE FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO PLANNED DEVELOPMENT 62 (PD-62) AND ADDING SECTION 17.517 TO THE BRENTWOOD MUNICIPAL CODE WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR PD-62 GENERALLY LOCATED NORTH OF CENTRAL BOULEVARD AND EAST OF FAIRVIEW AVENUE (APN 017-050-027). 


It was moved/seconded by Petrovich/Beckstrand to waive first reading and approve Ordinance No. 734 as recommended by staff. Motion passed by the following vote:

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

14. Consideration of an Ordinance amending Planned Development No. 22 eliminating the reference to the originally approved 23 custom lots on 5.1 acres for Shea Homes Brentwood Hills Project, Subdivision No. 7882. 

Jeff Zilm, Senior Planner, presented the staff report explaining that Tentative Subdivision Map No. 7882 was approved in January 1994 allowing for the construction of Custom Lots, SFR 6000 Lots, SFR 4500 Lots and 43 acres devoted to Open Space, Parks and Pedestrian Trails. Shea Homes purchased this property and has received approval to construct a total of 11 models on 254 of the 277 lots available for construction. The remaining 23 lots were to be reserved for custom homes. Shea Homes tried to market the lots for custom home sales however they did not receive inquiries concerning the purchase of these. 

On May 14, 2002, Shea Homes went before the City Council asking the Council to consider amending the PD-22 development standards by eliminating the custom lot requirement and allow Shea Homes to build the plans that they already have approved for their earlier development on these 23 custom home lots. After discussing this item, the City Council agreed to send this item to the Planning Commission with their recommendation for approval providing that Shea Homes provide some type of community wide amenity for this proposed change. Shea Homes is offering to provide $7,000 per custom lot for funding of programs/improvements such as; Low Income Housing, Roadway Improvements, Art Commission and Economic Development contributions. On December 17, 2002 the Planning Commission approved Shea Homes’ request to change PD-22 eliminating the reference to the Custom Home lots. 

The Public Hearing was opened.

Don Hoffer, representing Shea Homes, asked Council for their support on this item citing the empty lots as a nuisance and a gathering place for teens and off-road vehicles. 

Laurel Wilson, resident and Shea Homes employee, spoke in favor of the amendment to PD-22.

Michael Muelik, resident, spoke in favor of the amendment to PD-22.

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

Councilmember Petrovich clarified that the $7,000 per custom lot offered by Shea Homes was negotiated and recommended by the Housing Sub-committee but only the City Council can approve it. The recommendation of the Sub-committee was to split the money equally between PAL and the Arts Commission.

Councilmember Hill commented that he has never seen a sign on the property advertising the lots for sale. He further stated that if Shea Homes feels the lots are not appropriate for custom homes as they are currently mapped, they could remap the subdivision. With regard to the nuisance they have created on their property, Shea homes has never fenced in the property or secured it in any way. Councilmember Hill concluded that he feels Shea Homes should remap the lots and build custom lots on this site. 

Councilmember Petrovich stated that as a member of the Housing Sub-committee, he met with many custom home builders none of whom were interested in the property. He further commented that the offer of $7,000. per lot was the idea of the Sub-committee not Shea Homes.

Councilmember Gutierrez stated that she was not in favor of amending the PD-22 Zone stating that this would be a policy change. She commented that the City is in no rush to build out the lots and pointed out that Apple Hill, which also includes custom lots, is still not built-out. She did not feel that the policy should be changed because Shea Homes felt that they would lose money on the project.

Councilmember Beckstrand commented that she did not have a lot of information on this project and rather than make a hasty decision, suggested that Shea Homes provide additional information on the work they have done to substantiate the fact that the custom homes are not workable on those lots.

Mayor Swisher stated that while the map of the project looks great, he did not feel the current configuration of lots was buildable or saleable. Many of the lots have very steep slopes and unusable land.

ORDINANCE NO. 735

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT ZONE NO. 22 TO ELIMINATE THE REFERENCE TO THE ORIGINALLY APPROVED 23 CUSTOM HOME LOTS ON 5.1 ACRES LOCATED WEST OF THE HIGHWAY 4 BYPASS AND NORTH OF THE SHADOW LAKES DEVELOPMENT

It was moved by Gutierrez to continue the item pending further information. Motion failed due to lack of a second.

After further discussion, it was moved/seconded by Petrovich/Swisher to waive first reading and approve Ordinance No. 735 as recommended by staff. Motion passed by the following vote:

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

Item 12 (Continued)

After all votes had been tabulated, Karen Diaz, City Clerk, announced that 100% of the ballots had been returned and the vote was 100% affirmative.


RESOLUTION NO. 2776

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD CONFIRMING THE ASSESSMENT DIAGRAM AND ASSESSMENT ROLL AND AUTHORIZING THE LEVY OF ASSESSMENTS FOR FISCAL YEAR 2002/03 FOR THE CONSOLIDATED LANDSCAPE & LIGHTING ASSESSMENT DISTRICTS MID YEAR ANNEXATION PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218

It was moved/seconded by Beckstrand/Hill to waive full reading and approve Resolution No. 2776 and authorize the levy of assessments for the Landscape & Lighting Assessment Districts included in the Mid-Year Annexation for Fiscal Year 2002/03 as recommended by staff. Motion passed by the following vote:

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

OLD BUSINESS

15. Consideration of an Ordinance amending Chapter 17.620 (Off Street Parking) of the Brentwood Municipal Code to change parking requirements for eating and drinking places in commercial zones. 

Mitch Oshinsky, Director of Community Development, introduced the item stating that current Municipal Code contains provisions for the regulation of off-street parking related to eating and drinking places. The General Plan contains goals to encourage and facilitate economic development, and provide convenient services to residents and businesses. A distribution of eating and drinking places throughout the nonresidential zones of the City can provide flexibility for residents and businesses. 

The Committee considered 3 categories of eating places, and their potentially different parking needs: 

• Traditional sit down restaurants have the greatest parking demand because customers and their cars are there the longest. You come in, wait to be seated, read the menu, wait for the waiter, place an order, wait for it to be cooked, wait for it to get to your table, eat, wait for the bill, wait to pay at your table, or at the cashier. Figure at least an hour or more.

• Fast food or quick serve, such as Willy’s, Subway, Burger King, Starbucks – You come in, wait to order, order and pay, wait for food or drink, consume it, and leave. Figure 20 to 30 minutes. The tables and parking spaces in a fast food turn over 2 to 3 times faster than a traditional sit down restaurant. 

• Carry out only, such as Little Caesar’s, Dominoes, Papa Murphy’s, have no on-site eating time at all. These have the fastest turnover of any eating places.

The recommendation is to amend the Code to have a parking standard of 1 space per 100 square feet of gross floor area for restaurants, while retaining 1 space per 200 square feet of gross floor area for carry out restaurants. The existing Code also allows the Planning Commission some flexibility in considering parking requirements for shopping centers exceeding 50,000 square feet. This provision has been used, most recently in the new Safeway Center on Balfour.

The Municipal Code lacks definitions for restaurants. We need good definitions in our Code for the 2 different types of restaurants that have different parking standards, so it will be clear which standard applies to them. Restaurants already require and will continue to require a conditional use permit (CUP) to ensure they provide the necessary higher standard of parking. Carry outs will continue to be considered general retail sales for use and parking purposes, and not require a CUP.

The Public Hearing was opened.

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

ORDINANCE NO. 736

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING CHAPTERS 17.030 (DEFINITIONS) AND 17.620 (OFF-STREET PARKING) OF THE BRENTWOOD MUNICIPAL CODE RELATED TO EATING AND DRINKING PLACES

It was moved/seconded by Hill/Beckstrand to waive first reading and approve Ordinance No. 736 as recommended by staff. Motion passed by the following vote:

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

NEW BUSINESS

16. Discussion of commercial options for the Brentwood Family Aquatic Complex. (H. Sword)

Howard Sword, Director of Economic Development, addressed Council explaining that the history of the Aquatic Complex planning indicates that a financial operating deficit was anticipated for the facility. Approximately one acre of land was reserved at the entrance to the Complex to provide for approximately 10,000 square feet of commercial activity that was supposed to supplement the operating deficit by $40,000 per year. There was no specific commercial activity identified and no structures designed. 

The City Manager directed Economic Development to investigate the potential of commercial activity at the one-acre site. Two focus groups consisting of local residents and city employees were convened to discuss potential commercial services that could be supported at the facility. These focus groups were very aggressive in their vision and desires for commercial activity including a full service restaurant and the availability of a full line of sundry products. The focus group has identified four approaches to providing commercial service at the complex:

• A full service restaurant with a retail component providing general sundry goods. An amendment to the Planned Development Zone would be necessary if alcohol were to be served in this facility. This option could provide $40,000 to $50,000 in annual land lease revenues.

• A sit down family restaurant serving no alcohol with a retail component providing general sundry goods. There are no market acceptance or annual land lease revenue estimates for this option.

• A quick serve restaurant. This option would probably require a drive through service in order to generate traffic during the Aquatic Complex’s off-season. A retail component providing general sundry goods might be provided with temporary tenant kiosks similar to those seen in common areas of regional malls. Storage provisions would need to be made for the kiosks. There are no market acceptance or annual land lease revenue estimates for this option.

• Provide both food and sundry service with temporary tenant kiosks similar to those seen in common areas of regional malls. This option would require the City to build shade and shelter structures that could provide water, electricity and secure storage for the kiosks. There would be minimum revenue generated from this option.

Craig Bronzan, Director of Parks and Recreation, presented two original conceptual renditions done in 1998 during the initial planning for the Aquatic Complex. The plans included a self-contained courtyard to provide conveniences for patrons of the pool. Since the facility is not a year round facility, the vendor(s) going in there would want to have additional access from Balfour and Griffith to provide for year round traffic. 

Councilmember Hill commented that he felt the sites constraints and its use will make it difficult for a business to be profitable year round if they are trying to cater to the patrons of the complex. He suggested a kiosk environment with approximately three or more 20 x 20 kiosks that would provide on-site services. Councilmember Hill further stated that he was opposed to having alcohol on the premises and if a restaurant were to build there, it would need the revenue from alcohol sales to be profitable.

Councilmember Petrovich also stated that he was opposed to having alcohol with so many children in the area. He concurred with Councilmember Hill’s suggestion of three or four kiosks. He further suggested the possibility that the City build a structure and rent out the spaces.

Councilmember Beckstrand added that she too was opposed to having alcohol in an area that is surrounded by youth related activities as well as an elementary school. She stated that the City anticipated a $40,000/yr. deficit for the Aquatic Complex and asked Pam Ehler, Director of Finance and Information Systems, if that figure were accurate.

Ms. Ehler responded that last year we subsidized the pool at 35%. She further stated that the increase in energy costs has had an effect. While the pool has been doing better than we had expected, we do anticipate a 40% subsidy. If we had not had the increase in energy costs, we would have seen closer to a 25% subsidy. 

Mayor Swisher asked if the money was coming from patrons of the pool or from swim team activities. 

Ms. Ehler responded that we are subsidizing the High School swim team so to say that we are only subsidizing 35% is really better than expected since we are subsidizing other activities we did not anticipate.

Councilmember Hill commented that since the City had not anticipated spending any more capital on the Aquatic Complex, he asked staff to do a proposal including the costs of constructing basic kiosks for vendors at the pool. He further stated that he felt it would be difficult for us to find someone who is willing to make the large investment to build a restaurant at the facility.

Councilmember Gutierrez stated that she felt the focus should be on services for the patrons of the pool rather than a money making venture for the City. She further stated that she did not feel the City should be investing a lot of money in kiosks that may or may not be rented.

After further discussion Council directed staff to draft a proposal including basic kiosk shells for food and sundry items but not allowing alcohol.

CITIZEN COMMENTS 

Greg Robinson, resident, commented that when the Aquatic Park was originally being planned, the intent of the courtyard was to have eight 1000 square foot units that would house businesses such as Ooga Booga, Willies Bagels, ¼ Pound Big Burger etc. but the plan was never marketed to developers.

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS - none

REQUESTS FOR FUTURE AGENDA ITEMS 

Councilmember Hill said that he requested the mid-year budget, originally scheduled for the meeting of January 28, 2003, be moved to February 11th as he would be absent from the January 28th meeting.

There being no further business the meeting was adjourned at 9:30p.m.

Respectfully Submitted,



Cynthia Goulding
Deputy City Clerk


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