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CITY OF BRENTWOOD
Closed Session 6:45 to 7:00 P.M.
Regular Session 7:00 P.M.
May 27, 2003

City Council Chamber
734 Third Street
Brentwood, CA 94513

CALL TO ORDER
Pledge of Allegiance Beginning Resolution No. 2868
Roll Call Beginning Ordinance No. 745

CLOSED SESSION – 6:45 p.m.
Conference with Legal Counsel-Existing Litigation pursuant to Gov’t Code § 54956.9 (a):
· Bodine & Miller-Brentwood LLC v. City of Brentwood, City Council of the City of Brentwood et al., and Real Parties In Interest & Defendants, Lucia Albers et al.
Case No. N03-0129

· Megan Casey v. SBC Global Services, Inc., Pacific Bell, City of Brentwood, et al.
Case No. C03 01024

RECONVENE TO OPEN SESSION – 7:00 p.m.

PRESENTATIONS
A. Proclamation Association of Homeless and Housing Services – Merlin Wedepohl Executive Director.

B. Proclamation for CONTRA COSTA COUNTY FAIR WEEK.

C. Oaths of Office for Patrick McCarran and Saunie Fridley to the Arts Commission.

D. New Employee Introductions and Oath of Allegiance.

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 a resolution certifying and approving the Negative Declaration and adopting the 2003/2008 Capital Improvement Program for the City of Brentwood including street, park, sewer, water and other municipal improvements to be constructed during the next five years. (P. Ehler/B.Grewal)

2. Approve a Resolution approving the Final Map of Stonegate, Apricot Venture, Subdivision No. 8408, located south of Apricot Way and west of Fairview Avenue, accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same. (B. Grewal/ B. Bornstein/D. Boskovic)

3. Authorize the City Manager to execute the attached Standard Payment Plan Agreement between the City of Brentwood and Sand Creek Business Center I, L.P., for three buildings identified as: Building #4, 171 Sand Creek Road, Brentwood, CA 94513; Building #7, 141 Sand Creek Road, Brentwood, CA 94513 and Building #8, 131 Sand Creek Road, Brentwood, CA 94513. Buildings #4, #7 and #8 are located on one parcel (APN 016-110-023). (H Sword/C. Holman)

4. Approve a Resolution approving the Final Map of Subdivision No. 8421, Braddock and Logan, located north of new Sand Creek Road and east of Shady Willow Lane, accepting the improvement security, approving the Subdivision Improvement Agreement, accepting Parcel B with this Final Map, and authorizing the Mayor and City Clerk to execute the same. (B. Grewal/B. Bornstein/ D. Boskovic)

5. Approve a resolution amending the “Renewal Negotiation Process Terms” to extend the tolling of the time requirements for “formal” renewal proceedings under Section 626 of the Cable Act from June 1 to July 1, 2003. Also approve an extension of the deadline for response to the City’s Request for Proposal dated September 4, 2002, from June 20 to July 21, 2003. (D. Beougher)

6. Approve a Resolution accepting public improvements, accepting Maintenance Bond and releasing the Subdivision Performance and Payment Bonds for Subdivision No. 8323, Brookfield Homes, located north of Balfour Road in the Brentwood Lakes area. (B. Grewal/ B. Bornstein/ D. Boskovic)

7. Approve a Resolution authorizing the City Manager to execute a Purchase Order in an amount not-to-exceed $30,000 with Cerco Analytical for the remainder of the 2002/03 fiscal year. (D. Stoops)

8. Approve a Resolution authorizing the City Manager to execute a Performance of Work Contract with American Asphalt in the amount of $54,234.40 plus a 10% contingency for water patch paving services. (G. Skym/ P. Zolfarelli)

9. Approve a Resolution clarifying Ordinance No. 729 that implemented the tiered water rate structure and water rates for Fiscal Years 2002/03 to 2006/07(P. Ehler/C. Bronzan)

10. Second reading and adoption of Ordinance 744 amending Chapter 17.480 of the Municipal Code by adding development standards for Subarea B of the Planned Development 30 (PD-30) Zone. This property is located on the northwest corner of Oak Street and the future northern extension of Garin Parkway east of Liberty High School. (M. Oshinsky/W. Rhodes)

11. Approve a Resolution authorizing the submittal of two grant proposals to the State Department of Transportation (Caltrans) for the 2003/04 Safe Routes to School (SR2S) Program, fourth cycle, and authorizing the City Engineer to execute and submit all documents which may be necessary. (P. Ehler/ K. Wahl/B. Grewal/B. Bornstein/R. Craig)

12. Approve a resolution authorizing staff to clear uncollectible water, sewer and solid waste accounts in the amount of $14,942.90. (P. Ehler/D. Dwyer)

13. Approve a Resolution authorizing the closure of certain streets to facilitate the Annual Brentwood Cornfest. (M. Davies/B. Strock)

14. Approve a Resolution amending Memoranda of Understanding documents between the City and recognized bargaining units, Department Heads, Brentwood Police Lieutenants, and Mid-Managers for fiscal years 2003/04 through 2007/08. (J. Stevenson)

15. Approve a Resolution of Intention and first reading of an Ordinance of the City Council authorizing an amendment to the contract between the Board of Administration California Public Employees’ Retirement System and the City Council of the City of Brentwood. (J. Stevenson)

16. Approve a Resolution fixing the employer’s contribution under the Public Employees’ Medical and Hospital Care Act for non-sworn employees and approve a Resolution fixing the employer’s contribution under the Public Employees’ Medical and Hospital Care Act for sworn employees. (J. Stevenson/P. Standley)

17. Approve an Agreement for payment of Contract Services with Vineyards at Marsh Creek, L.L.C. for a Market and Economic Feasibility study by PKF Consulting for the proposed Vineyards at Marsh Creek Project located near Marsh Creek Road and the southerly extension of Fairview Avenue. (H Sword/ C. Holman)

18. Approve an Agreement authorizing the City Manager to execute a Professional Service Agreement with PKF Consulting firm to perform a study of the potential Market and Economic Feasibility of a proposed hotel to be located at the proposed project Vineyard by Marsh Creek. (H Sword/C. Holman)

19. Set the date for the appeal of Condition No. 42 for Tentative Subdivision Map No. 8633 and Design Review No. 02-26 Garin Ranch Mixed Use Project. (M. Oshinsky/J. Zilm)

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.

20. Consideration of an Ordinance approving a Rezone (RZ 03-04) from C-1 to PD-41 with the establishment of specific development standards for an approximate 5-acre site known as Tri-City Plaza, and a Resolution approving the site plan and design review for the site, located at the southeast corner of Lone Tree Way and the realigned Fairview Avenue. (M. Oshinsky/E. Nolthenius)

21. Consideration of an Ordinance adopting an annual water service standby charge on vacant parcels of land within the City limits. (B. Grewal/D. Galey)

22. Consideration of an appeal of Conditional Use Permit No. 03-05, Sand Creek Business Park Master Sign Program. The project is generally located north of Sand Creek Road and west of Highway 4/Brentwood Boulevard. (M. Oshinsky/ D. Hill)

23. Consideration of an Ordinance amending PD-20 to establish development standards for sub-area ‘B’ of PD-20 to accommodate a residential Assisted Living/Alzheimer’s Facility, to be located at the northwest corner of Concord Avenue and Ventura Drive (portions of APN 010-010-014 and 015). (M. Oshinsky/M. Leana)

24. Approve a Resolution authorizing Contra Costa Mosquito and Vector Control District (“District”) designated employees to issue administrative citations relative to public nuisances and to abate such nuisances in emergency situations: and adopt an ordinance expanding what is a public nuisance to include the development, attraction or harborage of mosquitoes and other vectors that may carry virus or other diseases. (D. Beougher)

OLD BUSINESS
25. Second reading and adoption of Ordinance 743 amending 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)

NEW BUSINESS
26. Approve a Resolution amending Resolution No. 2752 to clarify that if an applicant with property in the northwest quadrant area submitted a complete application by the July 6, 2003 deadline, the project would be ex