CITY OF BRENTWOOD
Closed Session 6:45 to 7:00 P.M.
Regular Session 7:00 P.M.
May 13, 2003

City Council Chamber
734 Third Street
Brentwood, CA 94513

CALL TO ORDER Beginning Resolution No. 2842
Beginning Ordinance No. 743

CLOSED SESSION – 6:45 p.m.
Conference with Legal Counsel pursuant to Government Code §54957(e) – Liability Claims
Claimant: Donald A. Medine

RECONVENE IN OPEN SESSION – 7:00 p.m.
Pledge of Allegiance
Roll Call
Closed Session Report

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

B. New Employee Introductions and Oath of Allegiance

C. Proclamation designating May 2003 to be National Bicycling Month and May 15, 2003 as “Bike to Work Day” in Brentwood.

AGENDA REVIEW

CITIZEN COMMENTS
Persons addressing the City Council are required to limit their remarks to five (5) minutes unless an extension of time is granted by the Mayor subject to approval of the Council. Please file your name with the Mayor on the form provided at the podium. Speakers desiring answers to questions should direct it to the Council and, if relevant, the Council may direct it to the appropriate staff member.

CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by one motion. If discussion is required, that particular item will be removed from the consent calendar and will be considered separately.

1. Approve Minutes of April 8, 2003. (K. Diaz)

2. Approve a Resolution 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. (D. Beougher/M. Oshinsky)

3. Approve a Resolution declaring the intent to order improvements for the Consolidated Landscape & Lighting Assessment Districts & 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. (B. Grewal/D. Galey/ C. Bronzan/ K. DeSilva)

4. Consideration of Resolutions to initiate proceedings for the formation of the City of Brentwood Community Facilities District No. 3: (a) Approve a Resolution 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 a Resolution declaring the necessity to incur bonded indebtedness, and set a date of June 24, 2003, at 7:00 p.m. for the public hearing. (B. Grewal/D. Galey)

5. Approve a Resolution pursuant to Section 21156 of California Public Employees’ Retirement Law approving the industrial disability retirement for Donald A. Medine. (J. Stevenson/M. Davies/ P. Standley)

6. Set May 27, 2003, as the date for the appeal of Conditional Use Permit 03-05, Sand Creek Business Park Master Sign Program (M. Oshinsky/D. Hill)

7. Approve a Resolution approving the Purchase Agreement for a fee parcel with Patrick G. McHenry and Donnalle M. McHenry, Trustees of the McHenry Family Trust – 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) for the Sunset Road Realignment Project, CIP Project No. 336-3012, and the Homecoming Park Project, CIP Project No. 522-5208. (B. Grewal/M. Kirby/M. Sullivan/C. Bronzan)

8. Approve a Resolution 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. (B. Grewal/M. Kirby)

9. Approve a Resolution authorizing necessary related actions to convert a fee acquisition for the construction of Storm Drain Line A5 south of Lone Tree Way and west of Fairview Avenue to an easement. (B. Grewal/M. Kirby/M. Sullivan)

10. Waive second reading and adopt 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 (M. Oshinsky/ E. Nolthenius)

11. 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. (B. Grewal/ B. Bornstein/ D. Boskovic)

12. Approve a Resolution establishing a compensation and classification description for Finance Operations Manager. (J. Stevenson/P. Ehler/P. Standley)

13. Set date of June 10, 2003 at 5:30 P.M. for workshop to review the 2003/04 Operating Budget. (P. Ehler)

14. Approve appointments of Patrick McCarran and Saunie Fridley to the Arts Commission for three-year terms. (B. Swisher/C. Bronzan)

15. Approve a Resolution 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. (B. Grewal/D. Spekner)

16. Approve a Resolution authorizing the execution of an Option to Purchase Agreement with Braddock & Logan, concerning a parcel consisting of approximately 0.45 acres generally located between Sand Creek and the new Sand Creek Road. (B. Grewal/M. Kirby)

17. Approve a Resolution authorizing the closure of certain streets to facilitate the Second Annual One Day at a Time Car Show Fundraiser. (M. Davies/B. Strock)

18. Approve a Resolution for the purchase of automated collection carts in the amount of $202,608.55 from Schaeffer Industries for the Solid Waste Division. (P. Zolfarelli/J. Carlson)

19. Approve a Resolution to secure Used Oil Grant Funding. (P. Zolfarelli//J. Carlson)

20. Approve a Resolution 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. (P. Zolfarelli//J. Carlson)

21. Approve a Resolution 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. (B. Grewal/ D. Spekner)

22. Approve a Resolution 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. (P. Zolfarelli)

23. Approve a Resolution 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. (P. Zolfarelli)

24. Approve a Resolution 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. (P. Zolfarelli)

25. Accept the resignation of Jeff Cowling from the Parks & Recreation Commission and direct staff to advertise the vacancy. (K. Diaz)

26. Reject the claim presented by Brenford Coulter on January 29, 2003. (K. Diaz)

27. Approve a Resolution authorizing the City Manager to dispose of four surplus Ford Police vehicles by sale to the Cities of Oakley and Trinidad. (P. Ehler/K. King)

28. Approve a Resolution 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. (B. Grewal/D. Spekner)

PUBLIC HEARINGS
Persons addressing the Council are asked to file their name with the Mayor on the form provided at the podium. The Council may adopt reasonable regulations at the onset of the public hearing to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the public hearing shall follow the protocol for Citizen Comments.

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. (M. Oshinsky/D. Hill)

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. (M. Oshinsky/W. Rhodes)

OLD BUSINESS

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

32. Update on the status of development of Sunset Sports Complex, CIP 522-5201, and direct staff to put the project out to bid. (C. Bronzan/J. Hansen)

33. Reconsideration of proposal for a City of Brentwood finance plan for Brentwood P.A.L. (J. Stevenson/C. Bronzan/M. Davies)

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) Approve 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) Approve a Resolution Declaring Official Intent to Reimburse Certain Expenditures from Proceeds of Indebtedness; (c) Approve a Resolution of Intention to Order Improvements in Assessment District No. 2003-1 and Approving the Proposed Boundary Map; (d) Approve a Resolution Preliminarily Approving Engineer's Report and Setting 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. (B. Grewal/P. Eldredge)

CITIZEN COMMENTS

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

REQUESTS FOR FUTURE AGENDA ITEMS

ADJOURNMENT

NOTICE

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Chief Building Official (925) 516-5405. 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}