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CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
December 10, 2002
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
The meeting adjourned to closed session at 7:00 p.m. pursuant to Government Code §54956.9(a) – l
Conference with Legal Counsel-Anticipated Litigation pursuant to Gov’t Code § 54956.9 (b): One Case
Closed Session adjourned at 7:15 p.m.
The meeting reconvened in open session at 7:30 p.m. with no action to report.
A. New Employee Introductions and Oath of Allegiance.
The following new employees were introduced and administered the Oath of Allegiance:
Brett Morris POLICE
Samuel Figueroa POLICE
Dennis Muzzy PUBLIC WORKS
Deanna Fugazzi PARKS
Tamara Hopkins PUBLIC WORKS
Janice Walker COMM DEV
Aaron Minton POLICE
B. 2002 Draft Strategic Plan; East Country Transportation Improvement Authority & East Contra Costa Regional Fee & Financing Authority.
Lowell Tunison representing the ECTIA and ECCRFFA, gave a brief overview of the 2002 Draft Strategic Improvement Plan explaining that the plan was being presented to all the cities in Contra Costa County to provide them an opportunity to comment and ask questions.
Councilmember Hill asked who will responsible for ensuring the project is completed.
Mr. Tunison responded that the County is in charge of the project however it is still a draft plan. He further stated that the item will go before the joint board at their meeting on February 13, 2003.
Item 8 Additional Information (P. Zolfarelli)
It was moved/seconded by Hill/Petrovich to approve the Agenda Review as recommended by staff. Motion carried unanimously.
Mary Lopez, resident, expressed concern over the lack of response she has received from the City regarding the Ordinances she submitted to Council at their meeting of November 12, 2002.
1. Approve Minutes of November 26, 2002. Pulled for further discussion.
2. Approved Resolution No. 2754 approving the Final Map of Subdivision No. 8469, Montelena, Centex Homes, located south of Grant Street 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.
3. Approved Resolution No. 2755 to execute contract amendments for two Professional Design and Services Agreements as needed for project completion.
4. Approved Resolution No. 2756 authorizing the City Manager to execute an Actual Cost Contract with Chevron Pipe Line Company for the installation of pipeline casing across Sand Creek Road along the Union Pacific Railroad right-of-way for Sand Creek Road East, CIP Project No. 336-3061, in an amount not to exceed $135,000; and authorizing the City Manager to approve change orders up to 10% of the contract amount.
5. Approved Resolution No. 2757 authorizing the City Manager to execute a Design Change Order with Carlson, Barbee & Gibson for construction staking for the Sand Creek Road East project, CIP Project No. 336-3061, in an amount not to exceed $39,000; and authorizing the City Manager to approve change orders up to 10% of the contract amount.
6. Approved Resolution No. 2758 authorizing the City Manager to execute Amendment No. 1 to the Sand Creek Crossing Shopping Center Reimbursement and Fee Payment Agreement between the City of Brentwood and AIG Baker Real Estate, L.L.C.
7. Approved Resolution No. 2759 authorizing the City of Brentwood to accept $15,000 from the Department of California Highway Patrol, Highway 4 Safety Corridor Grant, in order to fund overtime for frontline law enforcement to reduce collisions on Highway 4 in Contra Costa County
8. Approved Resolution No. 2760 awarding the Civil Engineering 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 Resolution No. 2761 authorizing the City Manager to enter into a service agreement with Herwit Engineering in the amount of $180,592 plus a 10% contingency for planning and design support services for the Corporation Yard Relocation.
10. Approved Resolution No. 2762 authorizing the City Manager to approve payment of $200,000 over the next two years to Liberty Union High School District for renovation of the Liberty High School Athletic Field, CIP Project No. 522-5225.
11. Approved Resolution No. 2763 authorizing the City Manager to execute an agreement between Raney Planning and Management, Inc. (RPM) and the City of Brentwood in the amount of $82,427 to prepare the required Environmental Impact Report for the Lone Tree Way – Union Pacific Railroad Undercrossing, CIP Project No. 336-3134, and authorize the City Manager to execute change orders up to 10% of the contract amount.
12. Approved Resolution No. 2764 authorizing the submittal of an application for grant funds to the California Department of Transportation Bicycle Facilities Unit for funding through the Bicycle Transportation Account, Fiscal Year 2003/04 and authorizing the Parks and Recreation Director to execute and submit all documents which may be necessary
13. Approved Resolution No. 2765 authorizing the City Manager to execute a Construction Contract Change Order with Granite Construction Company for completion of the Sand Creek Road Central Project, CIP Project No. 336-3061, in an amount not to exceed $150,000.
14. Approve Amendment Number 1 to the Employment Agreement between the City of Brentwood and John Stevenson (hereinafter “Amendment”) and authorize the Mayor to execute the same.
15. Waived second reading and adopted Ordinance No. 728 amending Title 17 of the Brentwood Municipal Code to allow Financial Institutions as a permitted use in commercial zones.
16. Waived second reading and adopted Ordinance No. 729 adopting and implementing a tiered water rate structure and water rates for Fiscal Years 2002/03 to 2006/07 and accept the Water Rate Study prepared by Berryman & Henigar.
17. Waived second reading and adopted Ordinance No. 730 adopting and implementing monthly user charges for sanitary sewer service for Fiscal Years 2002/03 to 2007/08 and accept the Sewer Rate Study prepared by Berryman & Henigar.
18. Waived second reading and adopted Ordinance No. 731 rezoning 5.81 acres from R-3 to PD-61 and establishing development standards for the project site, located between Sycamore Avenue and Spruce Street, east of Brentwood Boulevard.
19. Waived second reading and adopted Ordinance No. 732 amending Chapter 17.640 of the Brentwood Municipal Code by modifying Sections 17.640.008 and 17.640.010 amending the Sign Ordinance to allow projecting signs to project up to five (5) feet into a public right of way provided said projection is a minimum of twelve (12) inches from the curb, and establishing a minimum clearance of eight (8) feet above grade for all projecting signs.
20. Waived second reading and adopted Ordinance No. 733 amending Chapter 16.050 of the Brentwood Municipal Code by adding Section 16.050.015 relating to concurrent processing of design review applications with tentative subdivision map applications.
20A. Approve a Resolution authorizing a change in the form of payment for Lone Tree Right of Way Acquisition from Fee Credit to cash payment. (H. Sword)
It was moved/seconded by Petrovich/Beckstrand to approve Consent Calendar Items 2-20A as recommended by staff. Motion carried unanimously.
Item 1 Approve the Minutes of November 26, 2002.
It was moved/seconded by Hill/Beckstrand to approve the minutes of November 26, 2002 as recommended by staff. Motion carried with Councilmember Gutierrez and Mayor Swisher abstaining.
21. Consideration of the following actions completing Annexation No. 1 to Community Facilities District No. 2: Approve a Resolution determining the annexation of territory to CFD No. 2 and calling a special election. Approve a Resolution determining the results of the special election for the annexation of territory to CFD No. 2.
Debra Galey, Engineering Services Specialist, explained that this is the first annexation of territory to the Community Facilities District No. 2. CFD No. 2 provides a revenue stream from new development for the purchasing and maintenance of open space, increasing the number of fire suppression, emergency medical services (EMS) and public safety personnel, and for the maintenance and operation of flood and storm drainage services, located within the City of Brentwood.
Each of the property owners in the territory to be annexed into CFD No. 2 have been sent a “Wavier and Consent” form, which has allowed the City to waive all minimum time requirements relative to the annexation of territory into CFD No. 2. The property owners have also received a special election ballot for the annexation of their property into CFD No. 2, which allows them one vote per acre or portion of an acre.
At the close of the Public Hearing, the ballots will be tabulated. If the required 2/3rd of the property owners balloted vote in favor of the annexation, the proposed territory will be annexed into CFD No. 2 and will be subject to the special tax, once the property is developed. Annexation of this property will provide an additional $382,000.00 annually for the district.
The Public Hearing was opened.
There being no one wishing to speak the Public Hearing was closed.
RESOLUTION NO. 2767
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DETERMINING TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2, CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, AND CALLING A SPECIAL ELECTION TO SUBMIT TO THE LANDOWNERS IN THE TERRITORY PROPOSED FOR ANNEXATION TO THE COMMUNITY FACILITIES DISTRICT THE QUESTION OF SUCH ANNEXATION
It was moved/seconded by Petrovich/Hill to waive full reading and approve Resolution No. 2767 as recommended by staff. Motion passed with the following vote:
AYES: Councilmembers Beckstrand, Gutierrez, Hill, Petrovich, Mayor Swisher
Ms. Galey tabulated the ballots and announced that 100% of the ballots had been returned and the vote was 100% affirmative.
Cynthia Goulding, Deputy City Clerk, declared the results of the election.
RESOLUTION NO. 2768
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DETERMINING THE RESULTS OF THE SPECIAL ELECTION TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2, CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
It was moved/seconded by Hill/Beckstrand to waive full reading and adopt Resolution No. 2768 as recommended by staff. Motion passed by the following vote:
AYES: Councilmembers Beckstrand, Gutierrez, Hill, Petrovich, Mayor Swisher
22. Consideration of an Ordinance amending Chapter 17.250 of the Brentwood Municipal Code, relating to car wash and drive-thru uses in the C-1 (Neighborhood Commercial) Zone.
Erik Nolthenius, Associate Planner, reported that the Planning Commission’s approval of the project included direction to staff to bring an action back to it that would amend the C-1 Zone language to allow drive-thru and car wash uses, subject to a CUP. The Planning Commission wanted the language in the C-1 Zone to be consistent with the uses approved in Tri-City Plaza project as the Zone text relates to car washes and drive-thru uses.
The first change would delete the words "non-mechanical" that precede "car wash" in Section A of the attached Ordinance. This will mean that all future car washes proposed in the C-1 Zone will require a CUP and environmental review. They will be reviewed on a case-by-case basis at a Public Hearing and the Commission will have the ability to approve them with conditions or deny them with appropriate findings.
The second proposed change recommended to Council for approval by the Planning Commission, would delete the words "restricted to sit down facility only" following "restaurant or café" in Section A of the attached Ordinance and would delete the remaining words following "drive-in or drive-thru establishments" in Section B. The recommended changes are shown in the attached ordinance. This will require all restaurants and all drive-thrus to obtain a CUP in the C-1 Zone.
Staff pointed out that this amendment will apply not only to the Tri-City Plaza project site, but it will also provide greater clarification and more up to date standards for future developments in all other existing and future areas zoned C-1 in the City.
Councilmember Hill asked what year the KFC and Taco Bell Restaurants were approved.
Mitch Oshinsky, Director of Community Development responded that Taco Bell was approved in 1986 and KFC was approved in 1988.
The Public Hearing was opened
Karen Rogge, resident, spoke in opposition of the Ordinance amendment.
Barbara Guise, resident, spoke in opposition of the Ordinance amendment.
There being no one else wishing to speak the Public Hearing was closed.
Councilmember Beckstrand stated that she felt that the C-1 Zoning Ordinance we have in place now best meets the needs of the City and she will not support the Ordinance amendment.
Councilmember Hill stated that he will not support a change to the C-1 Zoning Ordinance.
Councilmember Gutierrez concurred with Councilmember Beckstrand and Councilmember Hill.
It was moved/seconded by Beckstrand/Hill to deny the consideration of an Ordinance amending Chapter 17.250 of the Brentwood Municipal Code, relating to car wash and drive-thru uses in the C-1 (Neighborhood Commercial) Zone. Motion passed by the following vote:
AYES: Councilmembers Beckstrand, Gutierrez, Hill, Mayor Swisher
NOES: Councilmember Petrovich
23. Consider a sales strategy for property located at the Sunset Industrial Complex and adopt criteria for the selection of successful candidates to purchase the subject property.
Howard Sword, Director of Economic Development introduced the item and presented a brief video to be used in marketing the Sunset Industrial Complex.
Dennis Beougher, City Attorney, in response to an issue raised by former Mayor McPoland at the meeting of November 26, 2002, clarified that the property located at the Sunset Industrial Complex is owned by the City and no restricted funds were used in funding the purchase of the property. It is at the City’s discretion to set the terms for the sale of the property so long as there is no discrimination on protected class.
After some Council discussion with regard to structuring the price of the property and the terms and conditions of the sale, it was decided that the most important criteria was to open the sale to Brentwood businesses before expanding it to surrounding areas.
It was moved/seconded by Hill/Beckstrand directing staff to market property for 60 days to Brentwood area businesses, with the point system in tact if there is more demand than supply, and then fall back on the open system with the point system at $5.50 sq. ft.
24. Discussion and appointments to various Commissions and Committees.
Mayor Swisher introduced the item explaining with the installation of the new Council, there are several Commission and Committee vacancies that need to be filled. Mayor Swisher proceeded to appoint and assign Councilmembers and staff members to fill the various vacancies.
It was moved/seconded by Hill/Beckstrand to adopt the Commission and Committee appointments as recommended by Mayor Swisher. Motion carried unanimously.
25. Consideration of Format Changes to City Council Meetings.
John Stevenson, City Manager, explained that in an effort to streamline the routine functions of the City Council meetings to facilitate the convenience of greater public participation, staff has prepared several options for Council consideration regarding both the start time and the format of City Council meetings. Among the options suggested by staff are:
Maintain the present City Council meeting start time and Council subcommittee structure, effectively making no changes from the manner in which the City currently operates.
Alter the City Council meeting start time to 7:00 p.m. and make no change to the subcommittee structure.
Institute a Council meeting format and time change that streamlines certain routine business matters of the Council meeting and allows for the full Council to engage in the review of certain matters currently conducted at the subcommittee level and also structure the public hearing/participation aspects of City Council meetings at a more convenient time for the interested public.
Council directed staff to draft a Resolution establishing 7:00 p.m. as the start time for Council Meetings with workshops beginning at 6:00 p.m.
Karen Rogge, resident, requested that Council consider moving Public Hearings to an earlier start time.
Richard Bates, resident, requested that Council put time limits on speakers during Public Hearings in an effort to speed meetings along.
INFORMATIONAL REPORTS FROM COUNCIL MEMBERS
Councilmember Beckstrand reported on the Highway 4 Safety Corridor Committee Meeting.
Councilmember Petrovich invited everyone to the Brentwood Community Chest Basket Give Away on Saturday, December 14, 2002 at Loma Vista School.
Councilmember Petrovich also reported on the Telecommunications Sub-Committee meeting with AT&T and Dave Kinley.
REQUESTS FOR FUTURE AGENDA ITEMS - none
There being no further business the meeting was adjourned at 9:40 p.m.
Deputy City Clerk
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
Fax (925) 516-5441