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Meeting Minutes

CITY OF BRENTWOOD
CITY COUNCIL MEETING MINUTES
TUESDAY, APRIL 27, 2004
COUNCIL CHAMBER, 7:00 P.M.

CALL TO ORDER
Roll Call
Present: Beckstrand; Gutierrez; Hill; Petrovich; Swisher

ADJOURN TO CLOSED SESSION - (6:35 PM)
Conference with Legal Counsel - Existing Litigation pursuant to Gov’t Code § 54956.9(a):
Brentwood Associates, LLC v. City of Brentwood, et al.; Case No. C03-02081

Conference with Property Negotiators pursuant to Gov’t Code § 54956.8
Property: Contra Costa Water District
Agency negotiators: John Stevenson & Paul Eldredge
Under negotiation: price/terms of payment

RECONVENE TO OPEN SESSION (07:06 PM)

PRESENTATIONS (07:07 PM)

A. Proclaiming May 1, 2004 as Loyalty Day. (07:07 PM)
B. National Bicycle Month and Bike to Work Day Proclamation. (07:09 PM)
C. Speak Out Against Sexual Violence Proclamation. (07:11 PM)
D. Fair Housing Proclamation. (07:13 PM)
E. Financial Literacy. (Henry Levy, CPA) (07:14 PM)
F. Presentation of Budget Awards. (P. Ehler) (07:16 PM)

AGENDA REVIEW (07:20 PM)

Motion: Approve AGENDA REVIEW
Moved by Gutierrez, seconded by Hill.

Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher

CITIZEN COMMENTS (07:20 PM)
Michael Sonatra, Wispering Oaks Court United Residents, said he lived in the tract across the street from Jack in the Box. The land was in escrow with Jackson Properties and residents were opposed. He presented a petition to the Council with a copy of the proposal by the developer to place a 30-foot building along the block wall six feet from the fences of residents, which would affect their lives and real estate values.

CONSENT CALENDAR (07:24 PM)

1. Approved Resolution No. 2004-85 authorizing the Mayor or City Manager and City Clerk or any of their designees to execute a Quitclaim Deed terminating any interest the City of Brentwood may have in the Memorandum of Agreement, and the unrecorded agreement referred to therein, recorded January 27, 1999, Series No. 99-21791 and the Memorandum of Assignment, and the unrecorded assignment referred to therein, recorded October 31, 2002, Series No. 2002-401142 of Official Records being an encumbrance on a portion of property identified as APN 016-120-033 owned by Jack B. Gregory and Linda A. Gregory, Trustees of the Gregory Living Trust under instrument dated May 10, 1991, their successors and assigns, generally located east of the intersection of Sand Creek Road and O’Hara Avenue and west of Business Center Drive, said property also designated as the Remainder Parcel shown upon Parcel Map MS 352-01 filed December 23, 2002, in Book 185 of Parcel Maps at Page 44, Contra Costa County Records, and hereby conveying whatever interest the City may have in said recorded Memorandum of Agreement, and the unrecorded agreement referred to therein, Memorandum of Assignment and the unrecorded assignment referred to therein to Jack B. Gregory and Linda A. Gregory, Trustees of the Gregory Living Trust under instrument dated May 10, 1991, their successors and assigns. (B. Grewal/M. Sullivan)

2. Approved Resolution No. 2004-86 authorizing the Mayor or City Manager and City Clerk or any of their designees to execute a Quitclaim Deed terminating any interest the City of Brentwood may have acquired through Final Order of Condemnation for rental property and temporary construction easement being an encumbrance on a portion of property identified as APN 016-120-025 owned by Maria B. Volpone, Trustee of the Volpone Family Trust dated August 12, 1991, generally located southeast of the intersection of Sand Creek Road and O’Hara Avenue, and hereby conveying whatever interest the City may have in said rental property and temporary construction easement to Maria Volpone, Trustee of the Volpone Family Trust dated August 12, 1991. (B. Grewal/M. Sullivan)

3. Approvd Resolution No. 2004-87 authorizing the Mayor or City Manager and City Clerk or any of their designees to execute a Quitclaim Deed terminating any interest the City of Brentwood may have acquired through Final Order of Condemnation in a temporary street/roadway easement being an encumbrance on a portion of property identified as APN 016-120-020 owned by Eugene E. Mangini, as Trustee of the Eugene E. Mangini Trust Dated December 6, 1999, Louis Mangini and Marian Mangini, generally located southeast of the intersection of Sand Creek Road and O’Hara Avenue, and hereby conveying whatever interest the City may have in said temporary street/roadway easement to Eugene E. Mangini, as Trustee of the Eugene E. Mangini Trust Dated December 6, 1999, Louis Mangini and Marian Mangini. (B. Grewal/M. Sullivan)

4. Approved Resolution No. 2004-88 authorizing the Mayor or City Manager and City Clerk or any of their designees to execute a Quitclaim Deed terminating any interest the City of Brentwood may have in a temporary construction easement referred to in a Grant Deed recorded March 14, 1996 Document No. 96-46502 being an encumbrance on a portion of property identified as APN 018-230-042 owned by Ralph R. Garrow, Jr. and Joslyn R. Vigil, generally located at the southeast corner of the intersection of Lone Tree Way and Brentwood Boulevard, and hereby conveying whatever interest the City may have in said temporary construction easement to Ralph R. Garrow, Jr. and Joslyn R. Vigil. (B. Grewal/M. Sullivan)

5. Approved Resolution No. 2004-89 authorizing the Mayor and City Clerk or their designees to execute a Grant Deed and any other necessary documents to the State of California Department of Transportation for Brentwood Boulevard right-of-way, as shown on those certain Final Maps entitled “Subdivision No. 8633”, filed in Book 460 of Maps, Page 12, and “Subdivision No. 7798”, filed in Book 382 of Maps, Page 48, and also shown on that certain document number 95-194556, recorded November 8, 1995, in the Office of the County Recorder of Contra Costa County and hereby conveying whatever interest the City may have in those portions of said Brentwood Boulevard to the State of California. (B. Grewal/D. Galey)

6. Approved Resolution No. 2004-90 approving and authorizing the execution of an Implementation Agreement to the DDA between Brentwood Redevelopment Agency and Sycamore Place II Senior Housing Corporation for the Agency to contribute an additional amount not to exceed $225,000 towards a portion of City Infrastructure and Building Fees for the Sycamore Place II Project, and approving and authorizing the execution of a Subordination Agreement for the Agency’s interest in the real property located at 161 Sycamore Drive to liens and claims of U.S. Department of Housing & Urban Development. (H. Sword/G. Rozenski)

7. Approved Resolution No. 2004-91 declaring the intent to order improvements of the Landscape & Lighting Assessment Districts (LLD’s) No. 94-1 (Brentwood Country Club); No. 95-2 (Hawthorne Landing); No. 95-3 (Pheasant Run); No. 95-4 (Diablo Estates); No. 95-5 (California Spirit and Glory); No. 95-6 (Gerry Ranch); No. 95-7 (Greystone); No. 95-8 (Garin Ranch); No. 97-1 (Hancock–Brentwood Lakes); No. 97-2 (Marsh Creek Apartments); No. 97-3 (Brentwood Park Apartments); No. 98-3 (Solana); No. 98-4 (Birchwood Estates); No. 98-5 (Arroyo Seco); No. 99-3 (SPA ‘L’); No. 99-4 (California Grove); No. 99-5 (Deer Creek Country Club); No. 99-6 (Trailside); No. 99-7 (Termo); No. 99-8 (Gerry Property); No. 99-9 (Richmond American); No. 00-2 (Lyon Woodfield); No. 00-3 (California Orchard); No. 00-4 (Brentwood Park); No. 01-1 (Laird Project); No. 02-2 (Oakstreet); No. 02-3 (Apricot Way); No. 02-4 (Braddock & Logan); No. 02-5 (Sand Creek & Brentwood Blvd.); No. 02-6 (Balfour & John Muir); No. 02-7 (San Jose & Sand Creek); No. 02-8 (Lone Tree); No. 02-9 (Balfour Plaza); No. 02-10 (Lone Tree Center); No. 02-11 (Lone Tree Plaza); No. 02-12 (Sunset Industrial); No. 02-13 (Stonehaven); No. 03-2 (Meritage Lone Tree); No. 03-3 (Brookdale Court); No. 03-4 (Tri City Plaza); No. 03-5 (West Summerset), No. 03-6 (Arbor Village), No. 03-7 (Garin Ranch Commercial), No. 03-8 (Blackhawk Commercial), No. 04-2 (Balfour-Griffith Commercial) and the Citywide Park Maintenance District No. 98-1. Set June 22, 2004, at 7:00 p.m. as the date for the Public Hearing pursuant to the Landscaping and Lighting Act of 1972 and Proposition No. 218. (B. Grewal/D. Galey)

8. Waived second reading and adopted Ordinance No. 775 amending the Municipal Code by Pre-zoning the Vineyards at Marsh Creek Project to Planned Development No. 64; Ordinance No. 776 amending the General Plan Text and Map; Ordinance No. 777 amending the Zoning Ordinance to include Planned Development No. 64 with development guidelines for PD-64; Ordinance No. 778 approving the Development Agreement between the City of Brentwood and the Vineyards at Marsh Creek LLC. (M. Oshinsky/J. Zilm)

9. Waived second reading and adopted Ordinance No. 779 amending Section 17.850 (Temporary Use Permit) of the Brentwood Municipal Code. (M. Oshinsky/T. Nielsen)

10. Approved Resolution No. 2004-92 approving a request to the Metropolitan Transportation Commission (MTC) allocate Fiscal Year 2004/2005 Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Funding for a portion of the Minnesota Avenue Sidewalk Improvement Project; no CIP Project number is assigned. The funding has been awarded for a lighted crosswalk and flashing beacons at Bristow Middle School. (B. Grewal/K. Wahl)

11. REMOVED FROM THE AGENDA PER AGENDA REVIEW - Approve a Resolution authorizing the City Manager to modify the Engineering Department’s General Budget in an amount not to exceed $88,825 for payment to the County for parcel updates and revisions as part of the County and City’s (GIS) Geographic Information System for years 7/01/01 through 6/30/02 and 7/01/02 through 6/30/03 as described in Resolution No. 2331 and collected per the City’s Master Fee Schedule. (B. Grewal/M. Huber)

12. PULLED FOR DISCUSSION - Approve a Resolution accepting the work performed at 120 Oak Street, for the Interim City Hall, CIP Project No. 337-3140, and direct the City Clerk to file a Notice of Completion with the County Recorder. (H. Sword/M. Huber) (07:24 PM)

13. Approved Resolution No. 2004-93 authorizing staff to execute necessary documents to the California Department of Fish and Game for the necessary Habitat Mitigation measures for the Sand Creek Road East Project, CIP Project No. 336-3061. (B. Grewal/P. Eldredge)

14. Approved Resolution No. 2004-94 authorizing staff to execute necessary documents to the California Department of Fish and Game for the necessary Habitat Mitigation measures for the Wastewater Treatment Plant 5 mgd Expansion, CIP Project No. 592-5911, Sunset Industrial Complex, CIP Project No. 336-3128 and Sunset Road Realignment, CIP Project No. 336-3012. (B. Grewal/P. Eldredge)

15. Approved Resolution No. 2004-95 amending Resolution No. 2004-84 initiating an application to the Contra Costa County Local Agency Formation Committee for Annexation No. 02-01 and adopt a Resolution adding East Contra Costa Irrigation District to the application to the Contra Costa County Local Agency Formation Committee (LAFCO) initiating Annexation No. 02-01 referred to as the Vineyards at Marsh Creek Project, the Contra Costa County Community College site, and the John Marsh House site, located at the terminus of Fairview Avenue and Concord Avenue, west of Marsh Creek, east and north of the new State Park on the former Cowell Ranch consisting of approximately 624 acres. (M. Oshinsky/J. Zilm)

16. PULLED FOR DISCUSSION - Approve the appointments of Paul Rose and Derrick Bullington to the Brentwood Advisory Neighborhood Committee for a three-year term ending April 2007. (K. Diaz) (07:26 PM)

CONSENT CALENDAR ACTIONS
Motion: Approve CONSENT CALENDAR Items 1 - 10 and 13 - 15.
Moved by Hill, seconded by Beckstrand.

Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher

12. Approve a Resolution accepting the work performed at 120 Oak Street, for the Interim City Hall, CIP Project No. 337-3140, and direct the City Clerk to file a Notice of Completion with the County Recorder. (H. Sword/M. Huber)
Motion: Approve Resolution No. 2004-96 accepting the work performed at 120 Oak Street, for the City Hall Annex.
Moved by Petrovich, seconded by Hill.

Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher

16. Approve the appointments of Paul Rose and Derrick Bullington to the Brentwood Advisory Neighborhood Committee for a three-year term ending April 2007. (K. Diaz)
Motion: Approve the appointments of Paul Rose and Derrick Bullington to the Brentwood Advisory Neighborhood Committee for a three-year term ending April 2007. (K. Diaz)
Moved by Petrovich, seconded by Gutierrez.

Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher

OLD BUSINESS

17. Consideration of a Resolution adopting amendments to the Council/Administrative Policy No. 110-1 relating to City Council Meeting Rules and Procedures (D. Beougher) (07:27 PM)

Motion: Approve waiving full reading and adopting Resolution No. 2004-97 as recommended.
Moved by Swisher, seconded by Beckstrand.

Vote: Carried 4-1.
Yes: Beckstrand; Gutierrez; Hill; Swisher
No: Petrovich

18. Waive the second reading and adopt Ordinance No. 774 approving a Rezone (RZ 03-08) from R-1-E to PD-59 and establishment of development standards for a 30.7-acre site and approval of an accompanying Vesting Tentative Subdivision Map No. 8724 for the creation of 84 residential lots, located generally southwest of the intersection of Neroly Road and O’Hara Avenue. (M. Oshinsky/ W. Rhodes)
(07:29 PM)

Senior Planner, Winston Rhodes, presented a staff report and recommended waiving the second reading and adopting Ordinance No. 774.

Motion: Approve waiving second reading and adopting Ordinance No. 774 as recommended by staff.

Moved by Petrovich, seconded by Gutierrez.

Vote: Carried 4-1.
Yes: Gutierrez; Hill; Petrovich; Swisher
No: Beckstrand

19. Approve a Resolution authorizing the City Manager to execute a change order in the amount of $407,798.00, which includes a 10% contingency, for additional construction amenities at Sunset Park Athletic Complex, CIP Project No. 522-5201 per recommendations of the Sunset Park Athletic Complex Subcommittee. (C. Bronzan/J. Hansen) (07:30 PM)

Park Planner, Janet Hansen, presented an update on the Sunset Sports Complex noting that the project had come in under budget and she recommended that a PA system be looked into.

Motion: approve waiving full reading and adopting Resolution No. 2004-98 as recommended by staff.
Moved by Hill, seconded by Gutierrez.

Vote: Carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich

CITIZEN COMMENTS - None. (07:42 PM)

INFORMATIONAL REPORTS FROM STAFF – No action required

20. Subdivision No. 8529, Crossroads II, located at the northwest corner of Sand Creek Road and Minnesota Avenue; Final Map Approval. (K. Diaz)

21. Subdivision No. 8551, Gregory Ranch Townhomes, located south of Sand Creek Road and west of Business Center Drive; Final Map Approval. (K. Diaz)

22. JP Morgan Chase Bank v. City of Brentwood, et al.; Case No. C03-02948, Contra Costa County Superior Court. (D. Beougher)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (07:42 PM)
Council Member Petrovich announced that a Mexican Fiesta would be held at the Veterans Hall on May 7, 2004. Tickets were $25 and proceeds would go to the Hispanic Scholarship Fund.

REQUESTS FOR FUTURE AGENDA ITEMS (07:43 PM)
Council Member Petrovich requested that projects approved and policy changes be brought back to Council for discussion.

ADJOURNMENT (07:44 PM)
Motion: Approve adjournment.

Moved by Swisher, seconded by Gutierrez.

Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher

Respectfully Submitted,

Cynthia Garcia
Assistant City Clerk
 

 

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