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Meeting Minutes

CITY OF BRENTWOOD
CITY COUNCIL MEETING MINUTES
TUESDAY, MAY 25, 2004

CALL TO ORDER (07:15 PM)
Roll Call
Present: Beckstrand; Gutierrez; Hill; Petrovich; Swisher

PRESENTATIONS (07:18 PM)

1. Announcement of application availability for a Citizen's Advisory Committee on Community Facilities.

2. Oath of Office for new Arts Commissioners.

3. Liberty Union High School District Teacher of the Year Proclamation to Valorie Stillwell.

4. Brentwood Union School District Teacher of the Year Proclamation to Francisco “Kiko” Ceja

5. Proclamation for Youth Commission Scholarship Winners.

AGENDA REVIEW - None. (07:27 PM)

CITIZEN COMMENTS (07:27 PM)
Richard Loomis spoke regarding the traffic on Balfour Road and presented photographs. He said the sound wall was low and the traffic on Balfour was busier. Big rigs were using Balfour and the noise level was getting out of hand and he asked if something could be done. He added that the Sycamore trees behind the wall were causing structural problems. He submitted a petition from 75 people and requested that a sound wall be installed.

Mayor Swisher stated that staff was working toward a solution and had been directed to bring the issue back as an agenda item.

Marcello Candi stated that he was one of the renters at the Technology Center and that some of the tenants left and would not stay longer since the rent was raised. He asked Council to revisit the vote taken in February and see if the objectives were met and the previous lease hold had no provision to raise rent and he asked to eliminate the five percent escalators.

CONSENT CALENDAR (07:38 PM)

1. PULLED FOR DISCUSSION Approve Minutes of May 11, 2004. (K. Diaz)

2. Authorized the City Manager to execute a professional services agreement not to exceed $22,404 plus a 10% contingency with Carlson Barbee & Gibson, Inc. to prepare record drawings for the improvements (“as built” plans) and related work for the Sunset Industrial Complex. (H. Sword/G. Rozenski)

3. Approved appointments of Youth Commissioners Andrea Tate 1 year appointment - new member; Nicole Forde 1 year appointment - new member; Belinda Ordaz 2 year appointment - new member; Taylor Brinkman 2 year appointment - re-appointment; Jessica Ordaz 1 year appointment - re-appointment; Cynthia Fredendberg 2 year appointment - re-appointment; Daisy Hurtado 1 year appointment - re-appointment; and Adult Advisors Kiko Ceja 1 year appointment - new member. (C. Bronzan/P. Scherff/T. Burt)

4. PULLED FOR DISCUSSION - Approve Resolutions and an agreement between the City of Brentwood and Brentwood Union School District relating to the joint use of the American Avenue Middle School Gymnasium, Grant Street Elementary School Multi-Purpose Room, and Pioneer Elementary School Multi-Purpose Room. (C. Bronzan)

5. Approved Resolution No. 2004-107 authorizing the City Manager to execute a contract change order for installation of landscaping, retaining walls, and soundwall extension along properties fronting the Brentwood Boulevard Curve project (Liberty Union High School District, Safeway and Diablo Mini Storage) to Bay Cities Paving & Grading, Inc. for the Brentwood Boulevard Curve, CIP Project No. 336-3100, in an amount not to exceed $78,571.05 and authorize the City Manager to execute change orders up to 10% of the contract amount. (B. Grewal/B. Bornstein)

6. Approved Resolution No. 2004-108 accepting the work performed by Top Grade Construction, Inc. for the construction of the Brentwood Boulevard Widening, CIP Project No. 336-3054, and direct the City Clerk to file a Notice of Completion with the County Recorder. (B. Grewal/E. Kim)

7. Approved Resolution No. 2004-109 authorizing the City Manager to execute an agreement for providing professional plan check services to the City of Brentwood on an as-needed basis from Harris and Associates in an amount not to exceed $185,000, through June 30, 2005; and granting the City Manager the authorization to execute change orders up to 10% of the contract amount. (B. Grewal/E. Kim/D. Galey)

8. PULLED FOR DISCUSSION - Approve a Resolution accepting the offers of dedication in-fee for the right-of-way of Corniglia Lane, Gaiole Court, Santa Margherita Way, San Jose Avenue, San Donato Court, Rapallo Court and Portofino Drive for public use as shown on the Final Map; accepting the offers of dedication for all the easements, abutter’s rights, sub-surface mineral and water rights and accepting all on-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 Subdivision No. 8369, Beck Properties. Inc., located south of San Jose Avenue and just east of the Hwy 4 Bypass. (B. Grewal/D. Boskovic)

9. PULLED FOR DISCUSSION - Approve a Resolution approving a Reimbursement Agreement with Western Pacific Housing Inc. a Delaware corporation, Subdivision No. 8413, located on the north side of Oak Street, west of Garin Parkway for costs associated with acquiring off-site right-of-way for Master Plan Facility Improvements. (B. Grewal/L. Vargas)

10. PULLED FOR DISCUSSION - Approve a Resolution approving a Reimbursement Agreement with Richmond American Homes of California, Inc., Subdivision No. 8574, located south of Sycamore Avenue, north of Spruce Street and east of Brentwood Boulevard, consisting of 53 lots, for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

11. PULLED FOR DISCUSSION - Approve a Resolution approving a Reimbursement Agreement with Meritage Homes of Northern California, Inc., Subdivision No. 8546, located south of Lone Tree Way and west of O’Hara Avenue, consisting of 99 lots, for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

12. PULLED FOR DISCUSSION - Approve a Resolution approving a Reimbursement Agreement with Meritage Homes of Northern California, Inc., Subdivision No. 8603, located south of Grant Street and east of the future Shady Willow Lane extension, consisting of 222 lots, for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

13. PULLED FOR DISCUSSION - Approve a Resolution approving a Reimbursement Agreement with Warmington Homes California, Subdivision No. 8281, located on the south side of Lone Tree Way west of Fairview Avenue, consisting of 133 lots, for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

14. Approved Resolution No. 2004-110 authorizing the City Manager to enter into a Consultant Services Agreement with Associated Right of Way Services, Inc. in an amount not to exceed $100,000 and include a 20% contingency for right-of-way services, consisting of appraisals, negotiations and relocation specialists for the Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-3134. (B. Grewal/M. Sullivan)

15. Approved Resolution No. 2004-111 authorizing the City Manager and City Clerk or their designees to execute a Quitclaim Deed to terminate the City’s interest in the Offer of Dedication for the drainage easement affecting a portion of APN 010-150-034, located south of Balfour Road and east of Guthrie Lane, as shown on that certain document recorded December 7, 1973 Series No. 115148, and hereby conveying whatever interest the City may have in said parcel to New Point Development, LLC. (B. Grewal/D. Galey)

16. Approved Resolution No. 2004-112 authorizing the City Manager and City Clerk or their designees to execute a Quitclaim Deed to terminate the City’s interest in a portion of Parcel B, Subdivision No. 7882, located south of San Jose Avenue and west of the State Route 4 Bypass, as shown on that certain Final Map filed September 11, 2001, Map Book 434, Page 40 and hereby conveying whatever interest the City may have in that portion of said parcel to Steven and Wendy Bumbaca. (B. Grewal/D. Galey)

17. PULLED FOR DISCUSSION - Authorize the Finance Director to transfer $14,000 from the Economic Development Department Budget to the Brentwood Agricultural Land Trust for first year seed money for a Brentwood Farmers’ Market. (H. Sword/K. Lyddan - BALT)

18. PULLED FOR DISCUSSION - Approve a Resolution authorizing the closure of Second Street between Oak Street and Maple Street and temporarily establishing no parking restrictions and tow away zones in order to facilitate the 2004 Farmer’s Market to be held every Thursday from June 24, 2004 through October 28, 2004 between the hours of 3:30 p.m. and 9:30 p.m. (M. Oshinsky/T. Nielsen/K. Lyddan - BALT)

19. PULLED FOR DISCUSSION - Approve a Resolution to award Business License Tax Grant monies. (K. Stein)

20. Approved Resolution No. 2004-113 certifying the Negative Declaration and adopting the 2004/05-2008/09 Capital Improvement Program for the City of Brentwood including roadway, park, sewer, water and other municipal improvements to be constructed during the next five years. (P. Ehler)

21. PULLED FOR DISCUSSION - Approve the appointment of Kelly Wentz to the Library Board as the City’s alternate representative to the Contra Costa County Library Commission. (Mayor Swisher)

22. Approved Resolution No. 2004-114 authorizing the destruction of certain obsolete records dated 1976 through 1995, for the City Clerk’s Department. (K. Diaz/C. Garcia)

CONSENT CALENDAR ACTIONS (07:39 PM)
Motion: Approve Consent Calendar Items 2, 3, 5 - 7, 14 - 16, 20 and 22.
Moved by Petrovich, seconded by Beckstrand.

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

1. Approved Minutes of May 11, 2004. (K. Diaz)

Motion: Approve Minutes of May 11, 2004.

Moved by Swisher, seconded by Beckstrand.

Vote: Carried 3-0.
Yes: Beckstrand; Gutierrez; Swisher
Abstain: Hill; Petrovich

4. Approve Resolutions and an agreement between the City of Brentwood and Brentwood Union School District relating to the joint use of the American Avenue Middle School Gymnasium, Grant Street Elementary School Multi-Purpose Room, and Pioneer Elementary School Multi-Purpose Room. (C. Bronzan)

Motion: Approve waiving full reading and adopting Resolution Nos. 2004-115, 2004-116 and 2004-117 and approving an agreement with Brentwood Union School District as recommended.

Moved by Beckstrand, seconded by Gutierrez.

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

8. Approve a Resolution accepting the offers of dedication in-fee for the right-of-way of Corniglia Lane, Gaiole Court, Santa Margherita Way, San Jose Avenue, San Donato Court, Rapallo Court and Portofino Drive for public use as shown on the Final Map; accepting the offers of dedication for all the easements, abutter’s rights, sub-surface mineral and water rights and accepting all on-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 Subdivision No. 8369, Beck Properties. Inc., located south of San Jose Avenue and just east of the Hwy 4 Bypass. (B. Grewal/D. Boskovic)

Motion: Approve waiving full reading and adopting Resolution No. 2004-118 as recommended.

Moved by Petrovich, seconded by Hill.

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

9. Approve a Resolution approving a Reimbursement Agreement with Western Pacific Housing Inc. a Delaware corporation, Subdivision No. 8413, located on the north side of Oak Street, west of Garin Parkway for costs associated with acquiring off-site right-of-way for Master Plan Facility Improvements. (B. Grewal/L. Vargas)
Motion: Approve waiving full reading and adopting Resolution No. 2004-119 as recommended.

Moved by Petrovich, seconded by Hill.

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

10. Approve a Resolution approving a Reimbursement Agreement with Richmond American Homes of California, Inc., Subdivision No. 8574, located south of Sycamore Avenue, north of Spruce Street and east of Brentwood Boulevard, consisting of 53 lots, for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

Motion: Approve waiving full reading and adopting Resolution No. 2004-120 as recommended.

Moved by Petrovich, seconded by Hill.

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

12. Approve a Resolution approving a Reimbursement Agreement with Meritage Homes of Northern California, Inc., Subdivision No. 8603, located south of Grant Street and east of the future Shady Willow Lane extension, consisting of 222 lots, for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

Motion: Approve waiving full reading and adopting Resolution No. 2004-121 as recommended.

Moved by Petrovich, seconded by Hill.

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

13. Approve a Resolution approving a Reimbursement Agreement with Warmington Homes California, Subdivision No. 8281, located on the south side of Lone Tree Way west of Fairview Avenue, consisting of 133 lots, for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

Motion: Approve waiving full reading and adopting Resolution No. 2004-122 as recommended.

Moved by Petrovich, seconded by Hill.

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

11. Approve a Resolution approving a Reimbursement Agreement with Meritage Homes of Northern California, Inc., Subdivision No. 8546, located south of Lone Tree Way and west of O’Hara Avenue, consisting of 99 lots, for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

Motion: Approve waiving full reading and adopting Resolution No. 2004-123 as recommended.

Moved by Petrovich, seconded by Hill.

Vote: Carried 3-0.
Yes: Beckstrand; Hill; Petrovich
Abstain: Gutierrez; Swisher

17. Authorize the Finance Director to transfer $14,000 from the Economic Development Department Budget to the Brentwood Agricultural Land Trust for first year seed money for a Brentwood Farmers’ Market. (H. Sword/K. Lyddan - BALT)

Council Member Gutierrez requested that Item 9 of the Harvest Time recommendation be added to the motion.

Economic Development Director, Howard Sword, said he would be returning to Council on June 8th to modify where the funds were going since the Chamber of Commerce would be the contractural holder instead of BALT.

Council Member Petrovich said that none of the business owners had been notified and should be given the opportunity to come forward with comments.

John Silveira, Farmers' Market Association, explained that property owners that would be affected by the street closure had been notified and Mr. Silveira offered to bring forward to Council, signage from the business owners and he noted that the business owner may be different from the property owner.

Mayor Swisher requested that business owners sign off for the next meeting.

Mr. Silveira asked for clarification with regards to notifying owners in the area.

Mayor Swisher said that the businesses on the corner of Maple and Second Streets, along with Casey's Travel, Vicky's, Kendall Automotive and Mulligan's should be notified.

Council Member Petrovich stated that he was not opposed to the Farmers Market, just the process.

Motion: Approve Authorized the Finance Director to transfer $14,000 for a Farmers Market, incorporating into the contract the Harvest Time recommendation that no other conditional use permits be issued for a farmers market within the Brentwood city limits while the current contract was in effect.

Moved by Swisher, seconded by Hill.

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

18. Approve a Resolution authorizing the closure of Second Street between Oak Street and Maple Street and temporarily establishing no parking restrictions and tow away zones in order to facilitate the 2004 Farmer’s Market to be held every Thursday from June 24, 2004 through October 28, 2004 between the hours of 3:30 p.m. and 9:30 p.m. (M. Oshinsky/T. Nielsen/K. Lyddan - BALT)

Council Member Petrovich stated that he was not opposed to the Farmers Market, just the process.

Motion: Approve waiving full reading and adopting Resolution No. 2004-124, adding that the business owners will be notified with one notice of all dates prior to the events.

Moved by Swisher, seconded by Hill.

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

19. Approve a Resolution to award Business License Tax Grant monies. (K. Stein)

Motion: Approve waiving full reading and adopting Resolution No. 2004-125 as recommended.

Moved by Petrovich, seconded by Gutierrez.

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

21. Approve the appointment of Kelly Wentz to the Library Board as the City’s alternate representative to the Contra Costa County Library Commission. (Mayor Swisher)

Motion: Approve the appointment of Kelly Wentz to the Library Board as the City’s alternate representative to the Contra Costa County Library Commission.

Moved by Swisher, seconded by Hill.

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

PUBLIC HEARINGS

23. Consideration of Residential Growth Management Program (RGMP) allocations for Western Pacific Housing located at the northeast corner of Balfour Road and Fairview Avenue. (M. Oshinsky/D. Hill) Continued from May 11, 2004.

Mayor Swisher declared a conflict of interest due to business relations and Council Member Hill declared a conflict due to a leasehold interest adjacent to the property and both left the Council Chamber.

Assistant Planner, Debbie Hill, presented a staff report noting that approval of the allocation request did not grant approval of the tentative subdivision map or design review. The applicant would be required to submit separate applications processes for Planning Commission review and approval before proceeding any further with the project. The Housing RGMP Subcommittee recommended approval of the 108 units for Western Pacific Housing.

City Manager, John Stevenson, informed that the Economic Development Department had dictated the size and shape of the commercial center and the developer re-worked around the design to accomplish the project.

Vice Mayor Beckstrand opened the public hearing.

Blake Kurtz said he was concerned about a hazardous waste spill from San Jose Pipeline and a diesel gas spill, which had gone into remediateion and well results had come up clean. He asked Council to look at the right of way from the irrigation district and asked that all homes along the canal be single story.

Motion: Approve closing the public hearing.

Moved by Beckstrand, seconded by Gutierrez.

Vote: Carried 3-0.
Yes: Beckstrand; Gutierrez; Petrovich
Abstain: Hill; Swisher

Motion: Approve waiving full reading and adopting Resolution No. 2004-126 as recommended by staff.

Moved by Petrovich, seconded by Gutierrez.

Vote: Carried 3-0.
Yes: Beckstrand; Gutierrez; Petrovich
Abstain: Hill; Swisher

Mayor Swisher and Council Member Hill returned to the Council Chamber.

24. Consideration of an Ordinance amending Chapter 2.10, General Municipal Elections, of Brentwood Municipal Code to add various sections to regulate reporting of political campaign contributions and expenditures and limiting candidate loans. (D. Beougher)

City Attorney, Dennis Beougher, presented a staff report noting the key provisions explained election cycle definitions, late contributions and expenditures, aggregate totals. An additional statement would be required to be filed four days prior to the election reporting on contributions received and expenditures made seven days prior to the election. Late contributions or expenditures of $250 or more, but less than $1,000 would be reported within 24-hours to the City Clerk, and a candidate would be limited in loaning himself or herself to $10,000 in any election cycle along with a civil enforcement procedure.

Council Member Petrovich said that a candidate could loan himself money.

City Attorney Beougher said that Item No. 5 referring to personal loans did not have to be included in the ordinance. The lending portion could be limited since the Political Reform Act had an exclusion from permitting a person to regulate loans.

Mayor Swisher opened the public hearing.

Motion: Approve closing the public hearing.

Moved by Swisher, seconded by Hill.

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

Motion: Approve waiving first reading and introducing Ordinance No. 780 with the exclusion of item 5 relating to personal loans as listed in the draft ordinance.

Moved by Beckstrand, seconded by Gutierrez.

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

OLD BUSINESS (08:25 PM)

25. Consideration to renew grant to Delta Community Services, Inc., in the amount of $24,000 for fiscal year 2004/05 for the provision of social services representation. (C. Bronzan)

Director of Parks & Recreation, Craig Bronzan, presented a staff report, noting that Council had required Delta Community Services to return and report to Council as to what had been done to serve the community since August 1, 2003.

Bill Putman, President of Delta Community Services, commented that information was provided for low income people and that Delta Community Services was supported by fundraisers. He announced a barbeque fundraiser on August 23, 2004 in the plaza area.

Motion: Approve the renewal grant to Delta Community Services, Inc., in the amount of $24,000 for fiscal year 2004/05 for the provision of social services representation. (C. Bronzan)

Moved by Petrovich, seconded by Gutierrez.

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

NEW BUSINESS (08:29 PM)

26. Receive update report on the Affordable Housing Program; direct staff to prepare an Implementation Resolution and direct staff to bring back amendment to Affordable Housing Ordinance upon completion of revision analysis. (H. Sword/E. Bonneville)

Housing Manager, Ellen Bonneville, presented a staff report noting the City would provide landscaping, appliances and window coverings for dedicated affordable housing units. She said she would be returning to Council in June with a contract for consultants to assist the City in analyzing proposed amendments to the ordinance and consultants to provide legal counsel. Staff recommended that the immediate revisions include placing affordable housing agreements on the consent calendar and to have a balanced program of payment of in-lieu fees and dedicated rental units at the 50 percent level until such time as staff returned with amendments to the affordable housing ordinance.

Motion: Approve directing staff to bring back Implementation Resolution and amendment to Affordable Housing Ordinance upon completion of revision analysis.

Moved by Hill, seconded by Petrovich.

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

27. Approve Brentwood Agricultural Land Trust (BALT) Mid-Term Budget Adjustment. (M. Oshinsky/W. Rhodes/K. Lyddan - BALT)

Kathryn Lyddan presented a staff report outlining BALT activities for the last year. The Farmers Market would begin in June 2004 and would foster community between the agricultrual group and residents. BALT requested the budget to retain appraisers, legal council, baseline and environmental survey work. Any monies requested by BALT and not spent would remain in the City's fund. She requested that Council to allocate some of the agricultural to continue to support the agricultrual enterprise effort. Developers would be the primary beneficiaries for TAC deals and should pay the transactions costs.

Motion: Approve the Brentwood Agricultural Land Trust (BALT) Mid-Term Budget Adjustment.

Moved by Hill, seconded by Gutierrez.

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

INFORMATIONAL REPORTS FROM STAFF - No action required (08:57 PM)

28. Sunset Industrial Complex Status Report on Close of Escrows. (H. Sword)

29. Settlement Report of Brentwood Associates, LLC v. City of Brentwood. (D. Beougher)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (08:57 PM)
Council Member Beckstrand informed that May 26th would be the last chance to voice opinions on the expenditure plan, growth management and urban limit line options with regard to Measure C. The Bypass Authority had received bids for Segment 1 of the Bypass,connecting Highway 4 in Oakley to Lone Tree, at a cost of under $2 million. An agreement needed to be made with Caltrans for a relinquisment of Highway 4 without the necessary improvements since the Bypass was being built with local funds.

REQUESTS FOR FUTURE AGENDA ITEMS (08:59 PM)
Council Member Gutierrez requested that the RGMP be explored and analized to show how to reduce growth over the next five to ten years.

ADJOURNMENT (09:01 PM)
Motion: Approve adjournment.

Moved by Swisher, seconded by Hill.

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

 

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