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Meeting Minutes

CITY OF BRENTWOOD
CITY COUNCIL MEETING MINUTES
TUESDAY, SEPTEMBER 14, 2004
Summerset II, The Palms Recreation Center,
193 Summerset Drive, Brentwood, CA 95413

CALL TO ORDER (7:15 PM)

Roll Call
Present: Beckstrand; Gutierrez, Hill, Petrovich, Swisher
Absent: None

A. Proclaiming September 18, 2004 as Wellness Community Day of Celebration.
B. Proclamation recognizing September 20, 2004 through October 30, 2004 as City Read Weeks.
C. Proclamation for California Coastal Cleanup Day for September 18. 2004.
D. New Employees & Employee Promotions.

City Manager, John Stevenson, introduced Meredith Dodgion, Human Resources Department, Administrative Assistant II.

Mayor Swisher administered the Oath of Office.

AGENDA REVIEW - None

CITIZEN COMMENTS

Ron Lane said he felt that the water bills were not fair to the people of the City and he asked Council to reconsider. He believed that the system needed to be equal and that everyone should be on a four-tier system if water was needed.

CONSENT CALENDAR

1. PULLED FOR DISCUSSION - Approve Minutes of August 24, 2004. (K. Diaz)

2. Rejected the claim of Joseph David presented on May 24, 2004 as recommended by the City’s third party adjuster, Contra Costa County Municipal Risk Management Insurance Authority (CCCMRMIA), and the City Attorney. (K. Diaz)

3. Accepted Parks and Recreation Department administrative procedures for Special Events. (C. Bronzan/T. Homan/P. Scherff)

4. Accepted update on Community Beautification on various properties, CIP Project #522-5222. (C. Bronzan/K. DeSilva)

5. Approved amendment to License Agreement with East Bay Regional Parks District to operate Marsh Creek Trail. (C. Bronzan/K. DeSilva)

6. PULLED FOR DISCUSSION - Approve a Resolution approving an Affordable Housing Agreement between the City of Brentwood and Amber Park LLC (Mission Peak Homes) for Subdivision 8470. (E. Bonneville/H. Sword)

7. PULLED FOR DISCUSSION - Approve a Resolution adopting the five Core Values, Vision and Culture Statement, Mission Statement and the “Brentwood Way.” (J. Stevenson)

8. Authorized staff to prepare a subdivision map for creation of two additional parcels for voluntary relocation of two existing businesses from Brentwood Boulevard. (H. Sword/G. Rozenski)

9. PULLED FOR DISCUSSION - Approve professional services agreements with Freedman Tung and Bottomley and Gruen Gruen + Associates to complete the Downtown, Brentwood Boulevard and Empire Triangle Specific Plans, in the amounts not to exceed $180,000 and $65,000 respectively, with 10% contingencies. (H. Sword)

10. Approved a Professional Services Agreement in the amount of $96,080 plus a 10% contingency for a total amount of $105,688 with the firm of Crawford Multari & Clark Associates to update the City of Brentwood’s Zoning Ordinance and authorized the City Manager to execute said agreement. (H. Sword)

11. PULLED FOR DISCUSSION - Approve re-organization of Community Development Department, authorize the establishment of two new positions, and direct staff to commence recruitment of a Planning Manager, Economic Development Manager and Redevelopment Analyst. (H. Sword/K. Chew)

12. PULLED FOR DISCUSSION – Approve a Resolution accepting the right-of-way offers of dedication in-fee; accepting easements, abutter’s rights and sub-surface mineral and water rights as shown on the Final Map; accepting all public improvements for maintenance; accepting the Subdivision Maintenance Bond and releasing the Subdivision Improvement Securities for Ryder Homes, Subdivision No. 8200, located west of Walnut Boulevard and north of Continente Avenue. (B. Grewal/D. Galey)

13. PULLED FOR DISCUSSION - Approve a Resolution approving the contract documents and award the construction contract for The Lone Tree Way Overlay/Improvements, CIP Project No. 336-3130, to the lowest responsible bidder, Granite Construction Co., and authorize the City Manager to execute the agreement and necessary documents in the amount of $219,985.00, plus a 10% contingency. (B. Grewal/F. Lideros)

14. Approved Resolution No. 2004-213 approving the contract documents and award the construction contracts for the New Police Station (Group B), CIP Project No. 337-3142, and the New City Hall Data Center, CIP Project No. 337-3139, to the following contractors: Pro-Fit Fire Services, for Bid Package #4 – Fire Sprinklers in the amount of $112,600 plus a 10% contingency and Marina Mechanical for Bid Package #6 – Mechanical HVAC in the amount of $632,800, plus a 10% contingency. (K. Chew/M. Huber)

15. Approved Resolution No. 2004-214 approving the contract documents and award the construction contract for the Zone 1 Reservoir 1.3, CIP Project No. 562-5630, to G.S.E Construction Co., Inc., and authorize the City Manager to execute the agreement and necessary documents in the amount of $3,345,564, plus a 10% contingency and amend the CIP Budget Sheet to reflect increased industry construction and labor costs. (B. Grewal/P. Eldredge)

16. Approved Resolution No. 2004-215 declaring the intent to establish the City of Brentwood Community Facilities District No. 4 to levy a special tax therein to finance certain public facilities and services; approve Resolution No. 2004-216 declaring the necessity to incur bonded indebtedness and set the date of November 9, 2004, for the Public Hearing. (B. Grewal/D. Galey)

17. PULLED FOR DISCUSSION - Approve a Resolution authorizing the Mayor to sign a Joint Exercise of Powers Agreement related to Vasco Road safety improvements and road improvements in Brentwood of an equal value with Contra Costa County, in an amount not to exceed $1.5 million. (J. Stevenson)

CONSENT CALENDAR ACTIONS

It was moved/seconded by Petrovich/Hill to approve Consent Calendar Items 2 – 5, 8, 10 and 14 - 16 as recommended. Motion carried unanimously.

1. Approve Minutes of August 24, 2004. (K. Diaz)

It was moved/seconded by Swisher/Hill to approve Minutes of August 24, 2004 as recommended. Motion carried. Council Member Gutierrez abstained.

6. Approve a Resolution approving an Affordable Housing Agreement between the City of Brentwood and Amber Park LLC (Mission Peak Homes) for Subdivision 8470. (E. Bonneville/H. Sword)

It was moved/seconded by Hill/Petrovich to waive full reading and approve Resolution No. 2004-217 as recommended. Motion carried. Mayor Swisher abstained.

7. Approve a Resolution adopting the five Core Values, Vision and Culture Statement, Mission Statement and the “Brentwood Way.” (J. Stevenson)

It was moved/seconded by Petrovich/Beckstrand to waive full reading and approve Resolution No. 2004-218 as recommended. Motion carried unanimously.

9. Approve professional services agreements with Freedman Tung and Bottomley and Gruen Gruen + Associates to complete the Downtown, Brentwood Boulevard and Empire Triangle Specific Plans, in the amounts not to exceed $180,000 and $65,000 respectively, with 10% contingencies. (H. Sword)

It was moved/seconded by Gutierrez/Hill to approve professional services agreements with Freedman Tung and Bottomley and Gruen Gruen + Associates as recommended. Motion carried. Council Member Petrovich voted no.

11. Approve re-organization of Community Development Department, authorize the establishment of two new positions, and direct staff to commence recruitment of a Planning Manager, Economic Development Manager and Redevelopment Analyst. (H. Sword)

It was moved/seconded by Swisher/Hill to approve re-organization of the Community Development Department as recommended. Motion carried. Council Member Petrovich voted no.

12. Approve a Resolution accepting the right-of-way offers of dedication in-fee; accepting easements, abutter’s rights and sub-surface mineral and water rights as shown on the Final Map; accepting all public improvements for maintenance; accepting the Subdivision Maintenance Bond and releasing the Subdivision Improvement Securities for Ryder Homes, Subdivision No. 8200, located west of Walnut Boulevard and north of Continente Avenue. (B. Grewal/D. Galey)

It was moved/seconded by Petrovich/Hill to waive full reading and approve Resolution No. 2004-219 as recommended. Motion carried. Mayor Swisher abstained.

13. Approve a Resolution approving the contract documents and award the construction contract for The Lone Tree Way Overlay/Improvements, CIP Project No. 336-3130, to the lowest responsible bidder, Granite Construction Co., and authorize the City Manager to execute the agreement and necessary documents in the amount of $219,985.00, plus a 10% contingency. (B. Grewal/F. Lideros)

It was moved/seconded by Hill/Gutierrez to waive full reading and approve Resolution No. 2004-220 as recommended. Motion carried. Mayor Swisher abstained.

17. Approve a Resolution authorizing the Mayor to sign a Joint Exercise of Powers Agreement related to Vasco Road safety improvements and road improvements in Brentwood of an equal value with Contra Costa County in an amount not to exceed $1.5 million. (J. Stevenson)

It was moved/seconded by Beckstrand/Hill to waive full reading and approve Resolution No. 2004-221 as recommended. Motion carried unanimously.

PUBLIC HEARINGS
Persons addressing the Council are asked to file their name with the Mayor on the form provided at the podium. The Council may adopt reasonable regulations at the onset of the public hearing to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the public hearing shall follow the protocol for Citizen Comments.

18. Consideration of a Resolution adopting the 2004/05 Cost Allocation plan which includes development fees, administrative costs and service fees. (P. Ehler)

Director of Finance and Information Systems, Pam Ehler, presented a staff report, recommending adoption of the Cost Allocation Plan and schedule of City fees.

Mayor Swisher opened the public hearing.

It was moved/seconded by Petrovich/Hill to close the public hearing. Motion carried unanimously.

It was moved/seconded by Hill/Gutierrez to approve waiving full reading and adopting Resolution No. 2004-222 adopting the 2004/05 Cost Allocation Plan as recommended. Motion carried unanimously.

19. Consideration of a Resolution adopting the 2004 Residential Growth Management Program and directing staff to begin processing all unallocated projects through this updated program. (J. Stevenson)

City Manager, John Stevenson, presented a staff report, explaining that the 2004 program had gone into detail and the scoring was numerical. Staff had set up a minimum score of 120 points, which raised the bar significantly and yet had not made the bar out of reach for the average developer. Staff suggested three alternates on allocation levels: Alternate A – 333 units, Alternate B – 433 units and Alternate C – 633 units. The program required that building permits be metered out as well as Tentative Map lots or Tentative Map allocations. There had been a backlog of 6,000 lots that had not had building permits pulled and he then presented a test project.

Mayor Swisher opened the public hearing.

Karen Rogge said she was happy to see the allocations and the way it was set up. She said she believed it was excellent and wished it had been done for the northwest area. It brought a lot of improvements to the northwest area and there would be a wonderful Lone Tree because of it. It was good to have the developers go above and beyond and would make them take more pride in their developments. The Planning Commission would have a list of choices for developers before going to the Commission with a project.

Mark Pringle said he was the owner of the Ashford Project on Apricot Way. It was 55 units and they were currently under construction and were about half way complete. He said he would do his very best to make sure that buyers were satisfied. He said he was in the process and had been in the process for the last year of working with the Secco family, who owned five acres next door and had lived there for a long time. He said he had submitted a Tentative Map in August 2003 for 11 lots, which would be a project that would fall under the exemption category since it was currently deemed complete. He urged Council to approve the Ordinance with the exemption, so that they may proceed.

Mayor Swisher said that Mr. Pringle’s project was a great project to run a model on and to give it a test.

Mr. Pringle asked Council to approve the ordinance with due swiftness.

Mayor Swisher read a speaker card that asked how developers of 15 or less units, who were exempt from the RGMP would fall in order of allocations and if they would be first or last.

City Manager Stevenson said that would need to be detailed out.

It was moved/seconded by Petrovich/Hill to continue consideration of the 2004 Residential Growth Management Program to October 12, 2004. Motion carried unanimously.

NEW BUSINESS

20. Set public workshop date for discussion of East Contra Costa County Habitat Conservation Plan. (H. Sword/ W. Rhodes)

Economic Development Director, Howard Sword, recommended continuance of the item to September 28, 2004.

It was moved/seconded by Hill/Gutierrez to continue the item to set the date for a workshop to September 28, 2004. Motion carried unanimously.

21. Discuss and consider the cancellation of November 23, 2004 and December 28, 2004 City Council meetings. (K. Diaz)

It was moved/seconded by Hill/Gutierrez to waive full reading and adopt Resolution No. 2004-223 as recommended. Motion carried unanimously.

INFORMATIONAL REPORTS FROM STAFF – No action required

22. Status report on escrow closing at Sunset Industrial Complex. (H. Sword)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS – None

REQUESTS FOR FUTURE AGENDA ITEMS

ADJOURNMENT (8:43 PM)

It was moved/seconded by Swisher/Hill to adjourn the meeting. Motion carried unanimously.

Respectfully Submitted,



Cynthia Garcia
Assistant City Clerk
 

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov