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 MINUTES
CITY OF BRENTWOOD
REDEVELOPMENT AGENCY MEETING
January 14, 2003

A regular meeting of the Redevelopment Agency of the City of Brentwood was called to order at 9:30 p.m. in the Council Chambers located at 734 Third Street, with Chairman Swisher presiding.

Present: Members Beckstrand, Gutierrez, Hill, Petrovich, Chairman Swisher
Absent: None

CONSENT CALENDAR

1. Approve Minutes of December 10, 2002. Pulled for further discussion.

2. Accepted the Redevelopment Agency’s Blight Progress Report and Property Report for Fiscal Year Ending 2002. 

3. Authorized the Executive Director to Execute a Second Amendment to the Professional Services Agreement with Watry Design, Inc., for the Downtown Parking Study Phase II in an amount not to exceed $42,780.

4. Authorized the Executive Director to Execute a First Amendment to the Agreement for Legal Services with McDonough Holland & Allen in an amount not to exceed an additional $65,000. 

It was moved/seconded by Hill/Beckstrand to approve consent Calendar Items 2 – 4 as recommended by staff. Motion carried unanimously.

Item 1. Approve minutes of December 10, 2002.

Councilmember Petrovich stated that he voted no on Agenda Item No. 2; Consideration of Agency contribution of $35,000 to Brentwood Chamber of Commerce’s Marketing Program, and approve a Resolution to amend the Redevelopment Agency 2002-2003 Operating Budget and the minutes should be amended.

It was moved/seconded by Petrovich/Hill to approve the minutes of December 10, 2002 as corrected. Motion carried unanimously.

NEW BUSINESS

5. Discussed Legal Opinion regarding Redevelopment Agency Authority to Use Tax Increment Funds. 

Gina Rozenski, Redevelopment Analyst, introduced the item stating that at its meeting of December 10, 2002, and during the discussion by the Agency Board of its financial support of a downtown marketing program sponsored by the Brentwood Chamber of Commerce, the Agency Board directed staff to request a written legal opinion concerning the Redevelopment Agency’s authority to use tax increment funds. Staff has acquired a legal opinion prepared by Special Counsel Brent Hawkins. This opinion outlines general principles, express and implied powers, and restrictions of using tax increment funds on redevelopment projects, programs and activities.

She further added that there are more thresholds that she goes through before any project is presented to the Agency. Historically the Agency has funded the traditional infrastructure projects to achieve the goals and objectives of the plan including road widening, sidewalks, landscaping, water and sewer hookups and those types of infrastructure improvements. The agency has also acquired land and disposed of land as in the case of RHS Construction and Christian Church Homes, both approved in November, 2002. With two recent approvals, a question has arisen because the Agency has supported a special event and marketing program for the downtown area. While these types of activities may be non-traditional for this agency, they are valid and legitimate according to Redevelopment Law and both of the Redevelopment Plans and the Implementation Plan. Ms. Ronzenski further commented that it is the prerogative of the Agency Board to approve or disapprove any projects based on the discretion of the Agency and the merits of the program.

Member Hill thanked Ms. Rozenski for her comments and the legal opinion stating that it helps the Agency with some of the policy questions that have arisen and the Agency now knows there is some legal basis for the items they are being requested to consider.

INFORMATIONAL REPORTS FROM AGENCY MEMBERS - none

REQUESTS FOR FUTURE AGENDA ITEMS - none

There being no further business the meeting was adjourned at 9:37 p.m.

Respectfully Submitted,



Cynthia Goulding
Deputy City Clerk

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
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Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov