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Meeting Minutes

MINUTES
CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
September 23, 2003

A regular meeting of the City Council of the City of Brentwood was called to order at 5:45 p.m. in the Council Chambers located at 734 Third Street, with Mayor Swisher presiding.

Present: Councilmembers Beckstrand, Gutierrez, Hill, Petrovich, Mayor Swisher
Absent: None

The meeting adjourned to closed session at 5:45 p.m. pursuant to Government Code §54956.9 (b) and 54956.8

CLOSED SESSION

Conference with Legal Counsel - Anticipated Litigation concerning Comcast franchise renewal pursuant to Gov’t Code § 54956.9 (b).

Conference with Real Property Negotiators pursuant to Gov’t Code § 54956.8
Property: 9100 Brentwood Boulevard
Agency negotiators: John Stevenson & Dennis Beougher
Under negotiation: price/terms of payment.

Closed Session adjourned at 6:15.p.m. with no reportable items.

At 6:20 p.m., the meeting reconvened in open session for the purpose of a demonstration by the Police Department on taser training and a workshop regarding RGMP and the recommendation to extend the exemption of the Northwest Quadrant Infrastructure. The workshop adjourned at 6:47 p.m.

At 7:01 p.m., the regular meeting of the Brentwood City Council was called to order. Council Member Beckstrand absent.

PRESENTATIONS

A. Proclamation - STAND against domestic violence
B. Proclamation – City Read Weeks – Leonard Roudman
C. Proclamation – CAER Contra Costa Community Awareness and Emergency Response Group
D. Presentation by Roy Ghiggeri concerning Unity Plaza project at Liberty High School.

Roy Ghiggeri said that the Unity Plaza project ground breaking was scheduled for March 2004 and that Liberty was looking for funding for the project, in the amount of $60,000. It was a community effort and donations were coming in that donations could be in time or money. The goal was to have it open in the following school year.

Council Member Hill offered to donate his October City Council check to the project.

AGENDA REVIEW

Item 10 Modifications to staff report.

Item 11 Pull from the agenda as requested by staff.

Item 17 Proposed changes to the agreement.

It was moved/seconded by Petrovich/Hill to approve the changes per Agenda Review. Council Member Beckstrand absent. Motion carried.

CITIZEN COMMENTS – None.

City Manager, John Stevenson, introduced and welcomed new Assistant City Manager, Karen Stein.

CONSENT CALENDAR

1. Approve Minutes of April 22, 2003 and August 26, 2003. Pulled for discussion

2. Approved Resolution No. 2981 approving an agreement for purchase of fee parcel with East Contra Costa Irrigation District (ECCID), for real property identified as a thirty foot ECCID canal (no assigned parcel number shown per title company), generally located south of the intersection of Amber Lane and Shady Willow Lane and adjacent to the East Bay Municipal Utility District (EBMUD) Aqueduct, hereby accepting real property on behalf of the City, and authorizing the Mayor or City Manager and City Clerk or any of their designees to execute the agreement, and such other documents as may be needed to complete the transaction including acceptance of the Deed.

3. Approved Resolution No. 2982 authorizing the City Manager to execute a Contract Change Order with Concrete Science Inc. for Construction Materials Support for the Sand Creek Road (East), CIP Project No. 336-3061, in the amount of $16,000, and approve change orders up to 10% of the contract amount.

4. Approved Resolution No. 2983 authorizing the City Manager to execute an Agreement for Professional Consultant Services with Northstar Engineering Group, Inc. for the design of O’Hara Loop Realignment, CIP Project No. 336-3145, in the amount of $120,142, and authorize change orders up to 10% of the contract amount.

5. Authorized the City Manager to execute a professional services agreement not to exceed $118,600 plus a 10% contingency, for a total of $130,460, with Carlson Barbee & Gibson, Inc. to prepare a Survey, Tentative Map, Final Map and related work for the Sunset Industrial Complex and a amend the CIP Project # 337-3128 budget.

6. Approved Resolution No. 2984 accepting all on-site improvements for maintenance, accepting the Subdivision Maintenance Bond and releasing the Subdivision Improvement Securities for Harvest Glen, Subdivision No. 8462, built by Standard Pacific Corporation, located south of Balfour Road and east of Fairview Avenue.

7. Approved Resolution No. 2985 authorizing the Finance Director to reallocate the $1 per month residential water charge to a $1 per month with annual Cost Pricing Index (CPI) increase billed to each residential property owner for sanitary sewer service in the City of Brentwood.

8. Approved Resolution No. 2986 authorizing the City Manager to execute a Lease Agreement for 118 Oak Street between the Contra Costa County Health Services Department and the City of Brentwood.

9. Approved Resolution No. 2987 authorizing the City Manager to execute a Design Change Order with Abey/Arnold Associates for completion of Sand Creek Road (East), CIP Project No. 336-3061, in an amount not to exceed $16,400, and authorizing the City Manager to execute change orders up to 10% of the total contract amount.

10. Approved Resolution No. 2991 extending the time period for which projects in the Northwest area are exempt from the Residential Growth Management Plan (RGMP) to July 6, 2004. Petrovich voted no

11. Pulled per agenda review approval of a Resolution approving a Reimbursement Agreement with Braddock & Logan Services, Inc., Subdivision No. 8661, for costs associated with Master Plan Facility Improvements.

12. Approved Resolution No. 2988 awarding the construction contract for the Water Distribution Telemetry/SCADA System and Well Disinfection System Upgrade, CIP Project No.’s 562-5620 and 562-5624, to Control Manufacturing Company, Inc. and authorize the City Manager to execute the Agreement and necessary documents in the amount of $1,185,824, which includes one bid alternate, and authorize the City Manager authority to execute change orders up to 10% of the contract amount and amend the CIP Project Budget sheets accordingly.

13 Approved Resolution No. 2989 authorizing the City Manager to execute agreements for design services and construction management services for the new Police Facility Project, CIP Project 337-3142 and amend the 2003/2004 project sheet to reflect current budget limits.

14. Approved Resolution No. 2990 authorizing the City Manager to execute a Maintenance and Electrical Facility Cost Sharing Agreement with the State Route 4 Bypass Authority and the City of Brentwood.

15. Waive second reading and adopted Ordinance 760 amending chapter 2.44 Arts Commission to amend officers, poet laureate, and Public Art Program.

It was moved/seconded by Petrovich/Hill to approve consent Calendar Items 2 – 9 and 12 - 15 as recommended by staff. Council Member Beckstrand absent. Motion carried.

Item 1A Approve Minutes of April 22, 2003.

It was moved/seconded by Petrovich/Swisher to approve Item 1A as recommended by staff. Council Member Hill abstained and Council Member Beckstrand absent. Motion carried.

Item 1B Approve Minutes of August 26, 2003.

It was moved/seconded by Petrovich/Hill to approve Item 1B as recommended by staff. Council Member Gutierrez abstained and Council Member Beckstrand absent. Motion carried.

Item 10 Approve a Resolution extending the time period for which projects in the Northwest area are exempt from the Residential Growth Management Plan (RGMP) to July 6, 2004.

Council Member Petrovich stated that he was not in favor of the RGMP.

RESOLUTION NO. 2991

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN EXTENSION OF TIME FOR THE EXEMPTION TO THE RESIDENTIAL GROWTH MANAGEMENT PROGRAM (RGMP) FOR PROPERTIES IN THE NORTHWEST QUADRANT AREA OF THE CITY AS PREVIOUSLY DEFINED UNTIL JULY 6, 2004.

It was moved/seconded by Hill/Swisher to waive full reading and approve Resolution No. 2991 as recommended by staff. Motion passed by the following vote:

AYES: Council Members Gutierrez, Hill and Mayor Swisher
NOES: Council Member Petrovich
ABSENT: Council Member Beckstrand
ABSTAIN: None

PUBLIC HEARINGS

16. Consideration of an Ordinance amending the Garin Ranch Specific Plan and Zoning Ordinance to:

a. Rezone 7.3 acres designated for Apartment/Condominium use, 7.1 acres designated for Commercial use and 7.6 acres designated for Public Facility use to 9 acres designated for Commercial use and 13 acres designated for Townhouse/Cluster Home use and establish development standards for the Townhouse/Cluster Home use;
b. Rezone Planning Area 5 from Duet/Townhouse use to Zero Lot Line single family residential use and establish development standards for the Zero Lot Line single family residential use, for property all within Signature Properties Garin Ranch Development. (M. Oshinsky/J. Zilm)

Council Member Hill declared a potential conflict and left the Council Chambers.

Senior Planner, Jeff Zilm, presented a staff report, noting that when Garin Ranch had been created in 1991, it had been divided into several planning areas and was boarded by Sellers to the east, Balfour to the south, the downtown to the west and Chestnut to the north. Planning Area 1 was created for 10.4 acres and was for apartment and condominium uses. Planning Area 5 was 10.5 acres created for townhouses. Signature Properties proposed to change Planning Area 1 to increase the area, take out apartments and build 105 townhouses and 69 cluster homes on 16 acres. They proposed to change Planning Area 5 from townhouses to 96 zero lot line single family homes and was under the Garin Ranch Specific Plan. Staff recommended rezoning 22 acres from apartment, condominium, commercial and public facility uses to commercial, townhouse cluster home uses with development standards for the townhouse, cluster home uses and rezone 10.5 acres from duet/townhouse uses to zero lot line single family use with development standards for the zero lot line single family use.

Mayor Swisher opened the public hearing.

Joseph Zawidsky, Vice President of Signature Properties, said that the project had originally been a variety of housing types and was now down zoned based on community input. Area 5 townhouses were transferred to the Balfour Road area, which was a more intense urban area. Signature requested that the zoning be changed from townhouses to single family detached, zero lot line homes and resulted in a net reduction of 20 units. He requested the support of Council.

It was moved/seconded by Petrovich/Gutierrez to close the public hearing. Council Member Hill abstained and Council Member Beckstrand absent. Motion carried.

ORDINANCE NO. 761

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT NO. 17 AND THE GARIN RANCH SPECIFIC PLAN BY CHANGING 22 ACRES FROM APARTMENT, CONDOMINIMIUM, COMMERCIAL, PUBLIC FACILTY USES TO COMMERCIAL, TOWNHOUSE, CLUSTER HOME USES WITH DEVELOPMENT STANDARDS FOR THE CLUSTER HOME USE (PLANNING AREA 1) AND BY CHANGING 10.5 ACRES FROM DUET/TOWNHOUSE USES TO ZERO LOT LINE SINGLE FAMILY USE WITH DEVELOPMENT STANDARDS FOR THE ZERO LOT LINE SINGLE FAMILY USE (PLANNING AREA 5), LOCATED WITHIN SIGNATURE PROPERTIES GARIN RANCH DEVELOPMENT.

It was moved/seconded by Petrovich/Gutierrez to waive first reading and adopt Ordinance No. 761 as recommended by staff. Motion passed by the following vote:

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

Council Member Hill returned to the Council Chambers.

17. Consideration of an Ordinance amending a Mitigated Negative Declaration, a rezone, including the addition of development standards, and an amended Development Agreement for property located south of Balfour Road on both sides of John Muir Parkway.

Chief of Planning, Mike Leana, introduced a staff report and explained that the item included a general plan amendment rezoning with additional development standards and amendments to the existing development agreement on seven acres that John Muir was in the process of purchasing from ARCO. The existing ARCO station was located at the southeast corner of John Muir Parkway and Balfour Road and the seven acres that John Muir wished to purchase surrounded the gas station. When the land use and zoning was established for John Muir, a special Area Q was established and rezone Area PD-49 and the John Muir representatives stated that they would like to mesh the property nearby into the existing project and it necessitated a general plan amendment and rezone. To be consistent with the all new planned developments, the City created sub areas for the new PD-49 and the existing PD-49 included the easterly area which included the first phase development of the overall master plan for John Muir and Sub Area B was the other the original PD-49 and was set aside for a combination high density such as office and commercial. The two new areas being added were created. Sub Area C was being set aside for commercial uses and small remnant Sub Area D was being set aside for a combination of either convalescent day care and/or low profile office buildings.

Council Member Petrovich asked if there was a deadline in the original development agreement.

Chief of Planning Leana said he believed that the original development agreement gave John Muir a three year period to pull a building permit for the first phase. John Muir was close to pulling the permit for the 108,000 square feet building

Council Member Petrovich asked if there were guidelines which included a completion date and he asked for a status report of where John Muir was at since that they had stated that they were breaking ground in August. He asked that it be brought back with a staff report.

Chief of Planning Leana said that the ordinance would be back in two weeks for a second reading for the rezoning and Development Agreement and that the status report could be included with the second reading.

Director of Community Development, Mitch Oshinsky, explained that the provision in the First Amendment to the Development Agreement was for the construction schedule to commence in summer 2003 and be completed in summer 2004.

Mayor Swisher noted the proposed changes to the John Muir application commencement schedule date should be November 2004 instead of summer of 2003, which was pushing it another year past.

Council Member Petrovich stated that he was not in favor of going forward with the item.

Council Member Gutierrez asked for a report in order to make an informed decision.

Mayor Swisher opened the public hearing.

Tom Tyrrell, John Muir/Mount Diablo Health System, stated that the intent was to facilitate the purchase of the ARCO property and get rid of obnoxious uses, which PD-20 allowed and it was to control the access to the park/medical campus and to get higher quality design standards, which the project deserved. Regarding the timing, the development agreement between the City and John Muir Mount Diablo required commencement of the 15,000 square feet of construction, within three years, which he believed was October of next year and was a commencement start with completion occupancy of five years. The project that was in for the permit and for infrastructure was under construction and John Muir had submitted an application for a grading permit for the 108,000 square foot surgery center with other uses, which required more time. The building had been awarded to Turner and would commence next year and be occupied late next year. The reference to dates was to be technically correct in the recital language and did not affect any language that had been agreed to and John Muir was not requesting any changes in the development agreement and design guidelines wanted to proceed in purchasing the property. He noted that time was of the essence and these were larger projects and he wanted to correct concerns about John Muir.

Council Member Petrovich said he would still like to have a report.

Council Member Gutierrez noted that this was specifically asking for design guidelines.

Mayor Swisher said that if the item passed it would need a second reading and could be placed under old business and the report included.

Council Member Hill said that when reading the recital, it clearly stated that on March 18, 2003, the Planning Commission approved the application for 108,000 square foot building and construction was scheduled to commence in September 2003 and be completed in the summer of 2004 and the changes requested November 2004.

Mr. Tyrrell said that the review was being requested by the legal team since the documents were all layered on top of one another correctly. It was not intended to change the clause in that development agreement that said if John Muir did not start by a certain date of a certain minimum size, then they would loose things.

Council Member Hill said he objected to making changes and asked why the City would be making amendments to a recital that had no relevance to the agreement that John Muir actually considered binding. He said he realized that time was of the essence and believed that Council should not move ahead until such time as these items were truly in sync with the development agreement that was in place. He was not opposed to the conceptual idea but did not want to be told that the language did not mean anything because it did and if a legal team was looking at it, it meant that they were protecting someone.

Mr. Tyrrell said that John Muir did not have a legal interest in a piece of property; they had a contract to purchase and that John Muir wanted to clarify issues if the agreement was ever to be challenged and to make certain that the language and dates were accurate in the recital.

Council Member Petrovich said that once John Muir was in contract, they were bound to purchase the property unless someone defaulted.

Council Member Hill said that John Muir would not have legal ownership but would have an interest in the property. He said he believed that Mr. Tyrrell and his legal team and the City Attorney needed to get together to get the recitals in sync with the real agreement the City had and he was confused about looking at dates that were not in the current contract. He expressed concerns about manipulating the language of the contract.

It was moved/seconded by Petrovich/Hill to continue the public hearing to October 14, 2003. Council Member Beckstrand absent. Motion carried.

18. Waive first reading of an Ordinance amending Chapter 2.04.020 relating to Time and Place of Meeting.

City Clerk, Karen Diaz, stated that Council discussed the ability to be able to cancel Council meetings at their last meeting. The current Code stated that Council shall meet on the second and fourth Tuesday of the month and did not allow for cancellations. The proposed ordinance had language in it that would allow Council to cancel a meeting with prior approval from the Council.

Mayor Swisher opened the public hearing.

It was moved/seconded by Swisher/Hill to close the public hearing. Council Member Beckstrand absent. Motion carried.
ORDINANCE NO. 762

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING CHAPTER 2.04 RELATING TO TIME AND PLACE OF MEETINGS

It was moved/seconded by Hill/Petrovich to waive first reading and adopt Ordinance No. 762 as recommended by staff. Motion passed by the following vote:

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

CITIZEN COMMENTS – None.

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS - none

Council Member Hill commented that Council had discussed the Community Chest at a previous meeting. He reported that service clubs would join together to move forward with the Community Chest and Rose Pierce had agreed to foster the groups through transition for the first year and that December 19, and December 20, 2003 would be packing and distribution and the site would be determined.

REQUESTS FOR FUTURE AGENDA ITEMS – None.

It was moved/seconded by Swisher/Hill to adjourn the meeting. Council Member Beckstrand absent. Motion carried.

There being no further business the meeting was adjourned at 7:58 p.m.

Respectfully Submitted,



Cynthia Garcia
Assistant City Clerk


 

 

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