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Meeting Minutes

 

MINUTES
CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
March 11, 2003

A regular meeting of the City Council of the City of Brentwood was called to order at 6:00 p.m. in the Council Chamber located at 734 Third Street, with Mayor Swisher presiding.

Present: Councilmembers Gutierrez, Hill, Petrovich, Mayor Swisher
Absent: Councilmember Beckstrand

The meeting adjourned to closed session at 6:00 p.m. pursuant to Government Code §54956.9(a) – l

Conference with Legal Counsel - Existing Litigation pursuant to Gov’t Code § 54956.9(a):
The City of Brentwood v. Central Valley Regional Water Quality Control Board, Case No. 2002 48436 

Conference with Legal Counsel - Anticipated Litigation pursuant to Gov’t Code § 54956.9 (b): One Case

Closed session adjourned at 6:45p.m.

The meeting convened to open session at 7:00p.m. 

Girl Scout Troop 2784 presented the flag ceremony and led in the Pledge of Allegiance.

The Mayor reported the following actions from the Closed Session:

• Council authorized the City Attorney to file a Notice of Appeal in the case of The City of Brentwood v. Central Valley Regional Water Quality Control Board, Case No. 2002 48436.

• Council authorized the City Attorney and the City Manager to negotiate Termination of Contract with the architect of the New Police Facility.

PRESENTATIONS 

A. New Employee Introductions and Oath of Allegiance

Staff presented the following new employees to the Mayor and City Council: 

Wajma Omari Finance & Information Systems
Martin Walker Finance & Information Systems

The Mayor administered the Oath of Allegiance to the new employees. 

AGENDA REVIEW - none

CITIZEN COMMENTS

Dan Nightingale, resident, commented on the lack of landscaping along Dry Creek which runs along Crescent Street between Claremont and Clearview. Mr. Nightingale stated that he and his neighbors planted trees and did landscape work to help beautify creek. Recently the County removed the additional landscaping citing it as an impediment to Creek access. Mr. Nightingale requested Council talk action towards the beautification of the Creek. 

Councilmember Gutierrez commended Mr. Nightingale on taking the initiative to beautify his neighborhood.



CONSENT CALENDAR

1. Approved Minutes of February 25, 2003. 

2. Approved Resolution No. 2804 accepting the offers of dedication in fee for the rights-of-way of Lundin Lane, Waterville Drive, Canmore Court, Haddington Court, Lenzie Court, Eaton Court, Dunwood Court, Sandyhills Lane, Tain Court and Ashford Place for public use as shown on the Final Map; accepting the offers of dedication for all the easements; accepting all subsurface mineral and water rights relinquished on the Final Map and accepting all on-site and off-site public improvements (waterlines, sanitary sewer, storm drain, fiber optics and streets with all related improvements) for maintenance, accepting the Subdivision Maintenance Bonds and releasing the Subdivision Improvement Securities for Brentwood Lakes Unit #6, Brookfield Homes, Subdivision No. 8233, located north of Balfour Road and west of West Country Club Drive

3. Approve an Agreement for Contract Services with Freedman Tung & Bottomley for a Downtown/Brentwood Blvd. Corridor/Lone Tree Triangle Specific Plan. Pulled for further comment.

4. Approved an Agreement for Payment of Contract Services with Blackhawk Corporation for an Environmental Impact Report for the proposed Vineyards at Marsh Creek Project located near Marsh Creek Road and the southerly extension of Fairview Avenue.

5. Approved an Agreement for Contract Services with RBF for an Environmental Impact Report for the proposed Vineyards at Marsh Creek Project located near Marsh Creek Road and the southerly extension of Fairview Avenue. 

6. Approved Resolution No. 2805 accepting the work performed by The Pressure Grout Company for soil stabilization work on the Public Works Corporation Yard Relocation, CIP 336-3030 and direct the City Clerk to file a Notice of Completion with the County Recorder. 

7. Set March 25, 2003 as the date to hear an appeal of the Planning Commission approval of Design Review 02-19 / Conditional Use Permit 03-03 for a 40-unit multi-family development at 161 Sycamore Court. 

8. Waived second reading and adopted Ordinance No. 738 amending Planned Development Zone No. 53 to add development standards for Planning Area A. This property is generally located south of the EBMUD right-of-way, east of the CCWD right-of-way, and west of the future extension of Shady Willow Lane. 

9. Approved Resolution No. 2806 awarding contract for pest control services in the amount of $4,812 to Unique Pest Control. 

10. Approved appointment of Sandra Van Dyke to Arts Commission for a 3-year term.

11. Approved Resolution No. 2807 authorizing staff to temporarily close the Sand Creek Road/O’Hara Avenue Loop from Brentwood Boulevard to Central Avenue for Sand Creek Road (East), CIP Project No. 336-3061.

12. Approved Resolution No. 2808 establishing classification descriptions and salary ranges for Management Analyst, Streets Division Manager and Wastewater Maintenance Supervisor as requested in the 2002/03 mid-year budget.

13. Approved Resolution No. 2809 authorizing the City Manager to execute a Quit Claim Deed for the removal of the Development Fee Payment Agreement for buildings address 121 Sand Creek Road – Building #9 (Parcel D), 161 Sand Creek Road – Building #5 (Parcel B) and common area Parcel A in the Sand Creek Business Center.

14. Approved Resolution No. 2810 awarding the building and site electrical contract to Del Monte Electric for work associated with the Public Works Corporation Yard interim move; authorize the City Manager to execute the agreement and necessary documents, and authority to execute change orders up to 10% of the contract amount.

15. Approve a Resolution authorizing the City Manager to purchase three (3) 2003 Compressed Natural Gas Honda Civics for the Building Department from Pacific Honda of San Diego for a cost of $66,002.18. (A net expense of $52,502.18 after Bay Area Air Quality Management District incentives.) Pulled for further comment

16. Approved Resolution No. 2811 certifying that the City of Brentwood is in compliance with the Growth Management Program and authorizing the Mayor to execute the Growth Management Checklist for calendar years 2000 and 2001 for allocation of Measure C Local Street Maintenance & Improvement funds.

17. Approved Resolution No. 2812 authorizing a Letter of Support to the Bypass Authority for renaming Segments II and IIIA (Lone Tree Way to Marsh Creek Road) of the Highway 4 Bypass the “John Marsh Parkway.” 

18. Approved contribution of $1,000 from the City Manager’s Contingency Fund to the Sandlot Sluggers Baseball Club in support of their participation in the Tournament of Champions in Cooperstown New York. 

It was moved/seconded by Petrovich/Gutierrez to approve Consent Calendar Items 1, 2, 4-14 and 16-18 as recommended by staff. Motion carried with Councilmember Beckstrand absent.

Item 3 Approve an Agreement for Contract Services with Freedman Tung & Bottomley for a Downtown/Brentwood Blvd. Corridor/Lone Tree Triangle Specific Plan.

Councilmember Hill commented that he did not feel the Fiscal Impact Analysis of this particular expense, in comparison to the budget, is sufficient. The Fiscal Impact Report should show the cumulative effect of the overall project and how each contract fits in with the overall scope of work. He requested that for future staff reports, if there is a project with multifaceted contracts anticipated, the overall cost of the contract be included as well as how each individual contract relates to the overall project. 

It was moved/seconded by Hill/Petrovich to approve Item 3 as recommended by staff. Motion passed with Councilmember Beckstrand absent.

Item 15 Approve a Resolution authorizing the City Manager to purchase three (3) 2003 Compressed Natural Gas Honda Civics for the Building Department from Pacific Honda of San Diego for a cost of $66,002.18. (A net expense of $52,502.18 after Bay Area Air Quality Management District incentives.)

Councilmember Petrovich asked staff why we are not purchasing cars from a local dealer. He also inquired why we are purchasing foreign vehicles rather than automobiles manufactured in America.

Mitch Oshinsky, Director of Community Development, commented that the Japanese are currently the leaders in the manufacture of alternative fuel vehicles and staff did not feel there were any American made alternatives at this time. He further stated that as of a year ago, local car dealers did not carry any alternative fuel sedans and purchasing the vehicles in San Diego as part of the State bid package will result in additional savings. 

Councilmember Petrovich stated that he would like continue the item for two weeks pending staff investigation of local dealerships. 

Pam Ehler, Director of Finance & Information Systems, commented that the Bay Area Air Quality Management District has reserved VIP incentives for clean air vehicles for public agencies of $4,500 per vehicle. This program expires on March 20, 2003. If we do not purchase the vehicles prior to that date we will loose the rebate.

RESOLUTION NO. 2813

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE PURCHASE THREE (3) 2003 COMPRESSED NATURAL GAS HONDA CIVICS FOR THE BUILDING DEPARTMENT FROM PACIFIC HONDA OF SAN DIEGO.

It was moved/seconded by Hill/Gutierrez to waive full reading and approve Resolution No. 2812 as recommended by staff. Motion passed by the following vote:

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

PUBLIC HEARINGS

19. Consideration of an Ordinance amending Chapter 17.480 of the Municipal Code by adding development standards for Subarea B of the Planned Development 30 (PD-30) zone generally located at the northwest corner of Oak Street and Garin Parkway east of Liberty High School. (M. Oshinsky/W. Rhodes)

Winston Rhodes, Senior Planner, explained that the subject property is an unimproved 3.43-acre site located at the northwest corner of Oak Street and the future extension of Garin Parkway east of Liberty High School. The site is designated as High Density Residential in the City’s General Plan. The property is proposed for development by Terra Nova Development with 80 proposed one-bedroom senior apartments and a 1,600 sq. foot community building. The Planning Commission recommended approval of this rezone request on February 18, 2003 and approved the related Design Review (DR 03-02) and Conditional Use Permit (CUP 01-26) requests for this project on the same date contingent upon City Council approval of this proposed zoning amendment to PD-30. The developer is requesting the zoning amendment to PD-30 at this time in order to adopt development standards for this area, which will enable them to move forward with this project. 

The Public Hearing was opened.

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

Councilmember Hill asked Mr. Rhodes the status of the adjacent two-acre park tentatively slated for that area.

Mr. Rhodes responded that the School District is negotiating with the property owner to purchase the property for some type of school facility. The current owner would like to develop the land for additional residential units however zoning does not allow for any additional units on that approximate two-acres of property. 

Councilmember Hill expressed concern that the initial entitlement was granted, the developer offered that two-acre parcel to the school as an amenity. Now there is a negotiation going on so either the developer is reneging on his original agreement or those initial conditions was not included as part of the entitlement package. 


Dennis Beougher, City Attorney, stated that according to the Tentative Subdivision Map, that parcel will be dedicated to the City. In order to be compliant, the development has to be in substantial compliance with the map that is presented. 

It was moved/seconded by Hill/Guttierez to continue Item 19, consideration of an Ordinance amending Chapter 17.480 of the Municipal Code by adding development standards for Subarea B of the Planned Development 30 (PD-30) zone generally located at the northwest corner of Oak Street and Garin Parkway east of Liberty High School, to March 25, 2003; and directed the City Attorney to prepare a memo clarifying the entitlements and conditions of the original approval. Motion carried with Councilmember Beckstrand absent.

OLD BUSINESS

20. Approve and authorize the City Manager to execute a professional service agreement not to exceed $41,500 plus a 10% contingency with Manex to prepare a Brentwood Manufacturing Attraction Strategic Plan.

Howard Sword, Director of Economic Development, explained that one of the primary challenges facing our current economic development efforts is the absorption of the flex–tech/office space under construction. Most of this space is being built as speculative development and tenants must be attracted to occupy the space. A target group of perspective businesses are companies that rely on manufacturing a product in order to justify their real estate costs of doing business and need our available labor base to further their objectives. 

This effort to interest, recruit and site manufacturing firms is a fundamental task identified in the City’s Economic Development Strategic Plan to begin to move Brentwood into the “Basic Economy”. Brentwood’s ability to recruit and attract “Basic Economy” employers will, without a doubt, be challenging given the inherent weakness in are regional location is transportation access. Companies with large scale distribution requirements will not be in the targeted industrial sectors. There are companies, however, that do not have large scale distribution requirements from either a raw material or finished product perspective and companies that will be very interested and attracted in our substantial educated, trained and vertically integrated workforce. We must understand the City’s situation in the all various considerations that manufacturers in different industrial sectors contemplate when site location decisions are made. We will then be much better positioned to efficiently identify and recruit businesses in industrial sectors that can benefit from our strengths and are not adversely affected by our weaknesses. 

It was moved/seconded by Hill/Gutierrez to approve and authorize the City Manager to execute a professional service agreement not to exceed $41,500 plus a 10% contingency with Manex to prepare a Brentwood Manufacturing Attraction Strategic Plan. Motion carried with Councilmember Beckstrand absent.

21. Waive second reading and adopt Ordinance No. 737 amending Brentwood Municipal Code, Chapter 8.16, Section 100 requiring garbage receptacle screening from public view.

Berenice Arteaga, Code Enforcement Officer, gave a brief overview of the item originally presented at the Council Meeting of February 25, 2003.

ORDINANCE NO. 737

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND BRENTWOOD MUNICIPAL CODE CHAPTER 8.16 PERTAINING TO PLACEMENT OF GARBAGE CONTAINERS 

It was moved/seconded by Hill/Gutierrez to waive second reading and adopt Ordinance No. 737 as recommended by staff. Motion passed by the following vote:

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

NEW BUSINESS

22. Consideration of Park and Recreation Commission recommendation of the conceptual design developed by Abey/Arnold Associates for Sand Creek Park open turf fields located at Fairview Avenue and Sand Creek Road.

Craig Bronzan, Director of Parks and Recreation, explained that at the October, 2002 Sunset Sports Complex Subcommittee meeting, the Sand Creek Community Park design and development plan was discussed. As per the 2002/07 Capital Improvement Program, Sand Creek Park is not anticipated to be built within the next 5 years. East Diablo Youth Soccer League and the PONY Baseball League have expressed interest in the possibility of developing temporary fields at this future park site located at the corner of Sand Creek Road and Fairview Avenue.

Staff requested Abey/Arnold Landscape Architects, one of the City’s contract landscape architecture firms, to develop a Preliminary Design for open turf fields that would integrate into the final design concept and develop an Opinion of Probable Costs. 

Abey/Arnold presented the Preliminary Design and the Opinion of Probable Costs at the October, 2002 Park and Recreation Commission meeting. The design includes two full size soccer fields, or four fields for under 12 year olds, with an overlay of two ball fields, one full size and one for softball and/or younger PONY team use. The Preliminary design met with both East Diablo Youth Soccer and PONY Baseball representative’s approval.

The user group representatives and the Park and Recreation Commissioners then discussed the costs associated with the preliminary design. The user group representatives stated they would be interested in raising funds to support this field development as well as donating materials and providing volunteer labor to move the project forward. 

The Park and Recreation Commission then recommended forwarding this Conceptual Design of Sand Creek Park open space fields to the City Council for review and acceptance. Staff is recommending approval of this conceptual plan and will work with PONY and EDYSL to develop the open space fields if there is an interest.

Councilmember Gutierrez asked which organizations would be utilizing the space. 

Mr. Bronzan responded that we are currently working with PONY and EDYSL however, the City’s intent is to make the field available to any youth organizations who are serving in town and are willing raise money to build the field and work together. 

Mayor Swisher asked the status of Old Sand Creek Road.

John Stevenson, City Manager, responded that the road will be abandoned.

Don Harms, representing EDYSL, thanked Mr. Bronzan and staff for their efforts in bringing this plan together. Mr. Harms explained that with a partnership in place, EDYSL can go to their organization and ask for a grant moving forward. There will be an estimated 2,200 children in the EDYSL soccer program this year and they do not want to be in a position where they will have to turn children away.

It was moved/seconded by Hill/Gutierrez to accept the conceptual plan and directed staff to work with all interested groups to move forward with the recommendation. Motion carried with Councilmember Beckstrand absent.


23. Approve a Resolution accepting the initial conceptual design for the redevelopment of City Park, located at Oak and Second Streets, approving the use of Proposition 12 State Park Bond Act funds for the relocation and renovation of the play area as per the conceptual design and authorize the City Manager to enter into agreement with Abey/Arnold Associates, Landscape Architects, to provide construction design services for the play area. 

Councilmember Petrovich asked the City Attorney to verify whether or not he had a conflict of interest with this item.

Dennis Beougher, City Attorney, responded that Councilmember Petrovich did not have a conflict of interest with regard to this item.

Craig Bronzan, Director of Parks and Recreation, introduced the item explaining that with City Council authorization on October 23, 2001, staff entered into agreement with Abey/Arnold Associates to develop a conceptual master plan and estimate of probable costs based on initial community input. A portion of the conceptual design includes the relocation and renovation of the play area making it completely ADA compliant. In discussing replacement, staff has questioned whether replacement of the structure at its current location is the best place as it sits so close to Liberty High School and at times is a hang out for high school age kids. The present conceptual design reorients many of the existing park elements to better accommodate a wide variety of community activities. This conceptual master plan was presented to the Park and Recreation Commission on April 25, 2002 and was accepted as the initial concept design.

After the Park and Recreation Commission approval, the overall project was put on hold to coordinate with the development of the Downtown Specific Plan and the Downtown Parking Study. As these studies have not progressed, the concept plan is still waiting for additional input as it relates to the overall downtown.

At this time it has become necessary to move forward with the play area relocation and renovation in order to use the grant funding currently awarded and under contract with the California Integrated Waste Management Board totaling $75,000. 

Staff is recommending acceptance of the initial conceptual design for the redevelopment of City Park, specifically as it relates to the new play area, the approval of the use of Proposition 12 State Park Bond Act per capita funds totaling $277,259 with a match requirement of $28,825, provided through staff services, for play area relocation and renovation per the conceptual design and authorization to enter into agreement with Abey/Arnold Associates for the development of construction design services totaling $33,200.

Phil Arnold, representing Abey/Arnold, gave a brief presentation of the proposed lay-out.

RESOLUTION NO. 2814

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ACCEPTING THE INITIAL CONCEPTUAL DESIGN AND AMENDED CIP SHEET FOR THE REDEVELOPMENT OF CITY PARK, LOCATED AT OAK AND SECOND STREETS, APPROVING THE USE OF PROPOSITION 12 STATE PARK BOND ACT FUNDS FOR THE RELOCATION AND RENOVATION OF THE PLAY AREA AS PER THE CONCEPTUAL DESIGN AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENT WITH ABEY/ARNOLD, LANDSCAPE ARCHITECTS, TO PROVIDE CONSTRUCTION DESIGN SERVICES FOR THE PLAY AREA

It was moved/seconded by Petrovich/Hill to waive full reading and approve Resolution No. 2814 as recommended by staff. Motion passed by the following vote:

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

CITIZEN COMMENTS 

Shawn Stange, resident, stated that he is a long time resident of the Estates Tract located near the intersection of Central Boulevard and Griffith Lane. He commented that there has never been a park near their subdivision and asked what would be happening with the old equipment from City Park? He further commented that there is an empty lot across from the Marsh Creek staging area and suggested that the City rent the parcel to the Estates Subdivision for $1.00/month so a neighborhood association could develop a park on the property.

Mr. Stange, representing the Brentwood Area Neighborhood Committee, submitted an application for a new member.

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

Councilmember Petrovich reported that the St. Patrick’s Day Dinner, sponsored by Delta Community Services was a big success. He announced the next event would be a Country and Western BBQ. Details will be forthcoming. 

REQUESTS FOR FUTURE AGENDA ITEMS 

Mayor Swisher – City Council Code of Conduct.

ADJOURNMENT

There being no further business the meeting was adjourned at 8:08 p.m.

Respectfully Submitted,



Cynthia Goulding
Deputy City Clerk


 

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