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CITY OF BRENTWOOD
CITY COUNCIL MEETING MINUTES
OCTOBER 12, 2004
COUNCIL CHAMBER

CALL TO ORDER (7:00 PM)

Roll Call
Present: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill

PRESENTATIONS (07:00 PM)

A. Proclamation recognizing Gabe Lopez for Outstanding Pool Maintenance Professional Award from Bay Area Pool Operators Association.

B. Proclamation recognizing September 15 - October 15, 2004 as National Hispanic Heritage Month.

C. New Employee Introductions and Promotions.

Police Chief, Michael Davies, introduced Charlene Jacquez who was promoted to Community Service Officer II.

CITIZEN COMMENTS (07:08 PM)

John Felstead asked about the status of Fairview Avenue southbound extension from Aldwood Drive to Concord and the adjoining golf course. He asked if it was possible for Summerset III Board of Directors to obtain a preliminary draft of what was being considered.

Mayor Swisher noted that was part of the Vineyards at Marsh Creek project and he directed Mr. Felstead to Economic Development Director, Howard Sword.

AGENDA REVIEW (07:09 PM)

Motion: Approve Agenda Review by pulling Items 19, 20 and 21 as recommended by staff.
Moved by Gutierrez, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill

CONSENT CALENDAR (07:10 PM)

1. PULLED FOR DISCUSSION - Approve Minutes of September 28, 2004. (K. Diaz)

2. Approved Resolution Nos. 2004-231and 2004-232 to adjust the employer health benefits contribution as provided in 2003/04 – 2007/08 bargaining unit labor agreements. Funding for 2004/05 is included in the proposed 2003/05 City Budget. (P. Standley/K. Chew)

3. Approved Resolution No. 2004-233 approving Temporary Use Permit 04-30 to the Brentwood Chamber of Commerce the use of City owned property for the annual Holiday Parade, effecting the closure of certain streets within the downtown on November 27, 2004 from 1:00 pm to 4:30 pm and affecting the closure of several streets. (H. Sword/T. Nielsen)

4. Approved Resolution No. 2004-234 approving Temporary Use Permit 04-31 to the Brentwood Chamber of Commerce the use of City owned property for the annual Hometown Halloween, effecting the closure of certain streets within the downtown on October 30, 2004 from 4:00 pm to 8:30 pm. (H. Sword/T. Nielsen)

5. PULLED FOR DISCUSSION - Approve a Resolution approving an Affordable Housing Agreement between the City of Brentwood and Discovery Builders for Brighton Station TSM 8601, 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. (H. Sword/E. Bonneville)

6. PULLED FOR DISCUSSION - Approve a Resolution approving a Reimbursement Agreement with Discovery Builders Inc., Subdivision Map No. 8601, located west of Shady Willow Lane and south of Grant Street, consisting of 199 lots, for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

7. Approved Resolution No. 2004-235 approving the following actions: (1) approve the form of a Purchase Agreements and Grant Deeds attached to the staff report used for the sale of 7.71 acres (±) of City-owned property known as the Sunset Industrial Complex, CIP No. 336-3128, and identified as a portion of APN 018-200-008 and a portion of APN 018-230-030, generally located on the north side of Sunset Road between Brentwood Boulevard and Sellers Avenue; and (2) authorize the City Manager or his designee to execute the Purchase Agreements and Grant Deeds for Sunset Industrial Complex, hereby conveying real property on behalf of the City to various purchasers as identified in Resolution, or their designees, and to execute such other documents as may be needed to complete the transactions. (H. Sword/G. Rozenski)

8. PULLED FOR DISCUSSION - Approve a Resolution authorizing the contribution of $10,000 to 80 Volts in support of Liberty High School A Cappella Choir’s participation in the 2005 New York International Choral Festival. (J. Stevenson/A. Beckstrand)

9. PULLED FOR DISCUSSION - Approve a Resolution authorizing the City Manager to execute an agreement with Signature at Cedarwood, LLC for the maintenance of a temporary sewer lift station to serve Cedarwood, Subdivision No. 8534, located north of Sycamore Avenue and east of Brentwood Boulevard. (B. Grewal/P.Eldredge)

10. Approved Resolution 2004-236 approving the following actions: (1) approve the form of a Purchase
Agreements and Grant Deeds attached to the staff report used for the sale of 7.71 acres (±) of City-owned property known as the Sunset Industrial Complex, CIP No. 336-3128, and identified as a portion of APN 018-200-008 and a portion of APN 018-230-030, generally located on the north side of Sunset Road between Brentwood Boulevard and Sellers Avenue; and (2) authorize the City Manager or his designee to execute the Purchase Agreements and Grant Deeds for Sunset Industrial Complex, hereby conveying real property on behalf of the City to various purchasers as identified in Resolution, or their designees, and to execute such other documents as may be needed to complete the transactions. (B. Grewal/D. Galey)

CONSENT CALENDAR ACTIONS (07:10 PM)

1. Continued approval of Minutes of September 28, 2004. (K. Diaz)

Motion: Approve continuance of Minutes of September 28, 2004. (K. Diaz)
Moved by Petrovich, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill

Motion: Approve Consent Calendar Items 2 - 4, 7 and 10 as recommended.
Moved by Gutierrez, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill

5. Approve a Resolution approving an Affordable Housing Agreement between the City of Brentwood and
Discovery Builders for Brighton Station TSM 8601, 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. (H. Sword/E. Bonneville)

Motion: Approve waiving full reading and adopting Resolution No. 2004-237 as recommended.
Moved by Petrovich, seconded by Gutierrez.
Vote: Motion carried 3-0.
Yes: Beckstrand; Gutierrez; Petrovich, Swisher
Absent: Hill

6. Approve a Resolution approving a Reimbursement Agreement with Discovery Builders Inc., Subdivision Map No. 8601, located west of Shady Willow Lane and south of Grant Street, consisting of 199 lots, for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

Motion: Approve waiving full reading and adopting Resolution No. 2004-238 as recommended.
Moved by Petrovich, seconded by Gutierrez.
Vote: Motion carried 3-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill

9. Approve a Resolution authorizing the City Manager to execute an agreement with Signature at Cedarwood, LLC for the maintenance of a temporary sewer lift station to serve Cedarwood, Subdivision No. 8534, located north of Sycamore Avenue and east of Brentwood Boulevard. (B. Grewal/P. Eldredge)

Motion: Approve waiving full reading and adopting Resolution No. 2004-239 as recommended.
Moved by Petrovich, seconded by Gutierrez.
Vote: Motion carried 3-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill

8. Approve a Resolution authorizing the contribution of $10,000 to 80 Volts in support of Liberty High School A Cappella Choir’s participation in the 2005 New York International Choral Festival. (J. Stevenson/A.Beckstrand)

Susan Stewart, Liberty High School Choral Director, informed that the choir had been selected to participate in the New York International Choral Festival at Lincoln Center in April, 2005. The Choir needed to raise $80,000 to ensure that all 77 performers could participate and a fundraiser golf tournament would be held in Discovery Bay on October 25, 2004. She asked for approval and support of the program.

Motion: Approve waiving full reading and adopting Resolution No. 2004-240 as recommended.
Moved by Petrovich, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill

PUBLIC HEARINGS (07:19 PM)

11. Consideration of an Ordinance adding Chapter 13.06 to the Municipal Code to provide for the regulation and use of recycled water. (D. Stoops/P. Zolfarelli)
Public Works Director, Paul Zolfarelli, presented a staff report explaining that the ordinance provided the City with a mechanism for distribution and regulation of the resource and allowed the City to have a means to recover costs associated with pumping and distribution of the water. Staff requested waiving first reading and approving the ordinance.

Mayor Swisher opened the public hearing.

Motion: Approve closing the public hearing.
Moved by Petrovich, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill

Motion: Approve waiving first reading and approving Ordinance No. 784 adding Chapter 13.06 to the Municipal Code to provide for the regulation and use of recycled water.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill

12. Approve a Resolution authorizing the City of Brentwood to accept monies from the State COPS (Citizens Option for Public Safety) program, in order to fund frontline law enforcement needs, including personnel, equipment and programs necessary to meet those needs. (M. Davies)

Chief of Police, Michael Davies, reported that the anticipated amount of $100,000 would be spent on front line law enforcement needs and programs necessary to meet those needs.

Mayor Swisher opened the public hearing.

Motion: Approve closing the public hearing.
Moved by Petrovich, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill

Motion: Approve waiving full reading and adopting Resolution No. 2004-241 authorizing the City of Brentwood to accept monies from the State COPS (Citizens Option for Public Safety) program, in order to fund frontline law enforcement needs, including personnel, equipment and programs necessary to meet those needs.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill

13. Approve a Resolution upholding the appeal and authorize the approval of DR 04-17, Recreation Facility and Concession Stand Projects (CIP Project No. 522-5228 and CIP Project No. 522-5230). (J. Stevenson/K. Chew/M. Huber)

City Manager, John Stevenson, presented a staff report providing a history on the budget for the facility. Staff had appealed the denial by Planning Commission to the City Council because staff felt that if Council agreed with the Planning Commission, a more significant structure would be built at the location and the budget would need to be increased since it could not be done for $4.5 million but could be done for $6.5 to $7.5 million. It was clear that the City would not have the money needed to build all of the new facility structures that were wanted and needed in the future. Funds added to the project would take away funds for the library, senior center, a downtown community center or any number of items brought forth by the Citizen's Advisory Committee. He asked if Council wished to increase the budget on the project and direct staff to return to redesign or if they wished to uphold the appeal and accept the design or provide another alternative and instruct staff to make additional changes and increase the budget.

Mayor Swisher opened the public hearing.

Chris Becnel asked that Council reject the City Manager's appeal of the Planning Commission's decision to deny the design review for the community center building, located at Griffith and Balfour Road. He said he believed that the City maintained the highest standards for its facilities and that a community center facility should be built at the site and downtown since the population would support both. Planning Commission as well as the City's design review consultant indicated that the design should be improved. He said that staff had followed direction for a $4 million and he believed that the direction was wrong and that the community center could reflect the similarity or compliment the aquatic center and not repeat the design. The community center was designed to be a focal point for activities for residents. He presented an example of how the design could be significantly improved and the budget not blown. He believed that the City should not allow the current design to be approved. Even if the building cost more, the Council should consider it since it was an important facility in a prime location and he believed it should be sent back to the Planning Commission.

Barbara Guise, Tri Delta Transit, said she believed that part of the expense was because of a bus turnout and that the center was a band aid approach that would stay for a few years when it was supposed to replace what the City already had.

City Manager Stevenson responded that the original design had not included a bus turnout and the current did as well as a sidewalk into the facility.

Motion: Approve closing the public hearing.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill

Council Member Gutierrez said that the uses could vary once a downtown community center was found and that the recreational facility could be used for recreation and teen activities. She asked if that was still the intent and what type of increase would be produced if the facility design was changed.
City Manager Stevenson said that there were large rooms that could be used for either recreation or community facility activities.

Economic Development Director, Howard Sword, stated that the efficiencies had to do with the structural
system. Changing the direction of the roof would change the structural system and it would be a significant cost increase and the approach was to be efficient with costs.

Marna Huber, Project Services Manager, stated that the construction manager had provided her a cost of at least $600,000 to go from a pre-engineered construction method to general construction and would add two to three months to the construction time.

Council Member Gutierrez said if more money were to be placed in this project, other projects would have to be sacrificed. She requested more specific cost estimates to include suggestions made by Planning Commission or staff.

Council Member Petrovich said he was in favor of looking into the exact cost estimate and added that he was opposed to tearing down the existing buildings.

Council Member Gutierrez asked what could be done with design features to make the structure more characteristic of the City and more aesthetic. There were other needs such as a library or downtown community center and she did not want to sell them short.

Mayor Swisher agreed with Council Member Gutierrez and if more money was being spent on aesthetic purposes, he would not go more than $500,000.

Director Sword asked for Council direction regarding the aesthetic enhancements.

Mayor Swisher added that the art element was missing from the entrance and City Manager Stevenson said he believed that there was $50,000 budgeted for that element.

Mayor Swisher said that he was not willing to spend more money on trying to enhance the building, which tied in with the aquatic center and looked like it was all part of the same public facility.

Council Member Beckstrand asked to consider the maintenance of aesthetics.

Council Member Petrovich suggested having the item return to Planning Commission for improvements and cost configuration.

City Manager Stevenson said that what he had heard was that the budget should be increased from $4.5 million to $5 million.

Council Member Petrovich said that he would not increase the budget until the item had been reviewed and what the costs were and then Council could decide.

Director Sword said timeframe was not a concern and that he was looking at working with Planning Commission on the right format to find out which modifications to price. He suggested having a workshop with the architect to conduct open discussions about different potentials and the construction manager would be present to provide guidance. He said he felt the direction from Council was that a 10 to 12 percent increase would probably be tolerable and would be problematic if it exceeded that percentage.
It was the consensus of the City Council that there needed to be a dollar amount placed on the project to keep the focus.

Motion: Approve returning the project back to Planning Commission for enhancement recommendation with final approval to return back to the City Council.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill

14. Approve a Resolution adopting the 2004 Revision to the Residential Growth Management Program (RGMP) and dissolving the RGMP Council Subcommittee. (J. Stevenson)

City Manager, John Stevenson, stated that the revision to the RGMP would slow residential growth to a manageable and sustainable level over the next 15 to 20 years to build out and would control building permit activity as well as tentative map lot allocations. It allowed staff to score the projects removing the Council Subcommittee review and elevated the quality of the residential development.

In response to Council Member Petrovich, City Manager Stevenson informed that staff would return every year to Council so that Council could decide on how many allocations they wished to look at. There was a need for 450 units per year for bond repayment schedules and it was the intent of the program to return to Council every year to have the number of units set for the coming year.

Mayor Swisher opened the public hearing.

Motion: Approve closing the public hearing.
Moved by Swisher, seconded by Petrovich.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill

Motion: Approve waiving full reading and adopting Resolution No. 2004-242 adopting Alternate B for the 2004 Revision to the Residential Growth Management Program (RGMP) and dissolving the RGMP Council Subcommittee.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 3-1.
Yes: Beckstrand; Gutierrez; Swisher
No: Petrovich
Absent: Hill

15. Consideration of Residential Growth Management Program (RGMP) allocations for the Mark Taylor
Subdivision located south of Grant Street, east of Fairview Avenue and west of Minnesota Avenue within
SPA L/PD-26. (H. Sword/D. Hill)

Assistant Planner, Debbie Hill, presented a staff report, noting that that the applicant had requested RGMP allocation for eight units. The project had been scored under the new RGMP criteria and had met the minimum threshold for number of points. Staff recommended approval.

Mayor Swisher opened the public hearing.
Motion: Approve closing the public hearing.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill


Motion: Approve waiving full reading and adopting Resolution No. 2004-243 approving eight allocations for the Mark Taylor subdivision located south of Grant Street, east of Fairview Avenue and west of Minnesota Avenue within SPA L/PD-26.
Moved by Petrovich, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill

16. Consideration of the Residential Growth Management Program (RGMP) allocations for the Mark Pringle Company, located at the southeast corner of Apricot Way and Montclair Place. (H. Sword/E. Nolthenius)

Senior Planner, Erik Nolthenius, presented a staff report, noting that the applicant had requested RGMP allocation for eleven units. The project had been scored under the new RGMP criteria and had met the minimum threshold for number of points. Staff recommended approval.

Mayor Swisher opened the public hearing.

Motion: Approve closing the public hearing.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill

Motion: Approve waiving full reading and adopting Resolution No. 2004-244 approving Residential Growth Management Program (RGMP) allocations for the Mark Pringle Company, located at the southeast corner of Apricot Way and Montclair Place.
Moved by Petrovich, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill

17. Consideration of an Ordinance amending Section 17.840 of the Brentwood Municipal Code relating to Home Occupation Use Permits. (H. Sword/T. Nielsen)

Planning Technician, Tim Nielsen, presented a staff report, explained proposed amendments and requested that Council waived first reading and adopted the Ordinance.

Mayor Swisher opened the public hearing.

Ray Shipley said that what had been presented to the Planning Commission was that there were certain
occupations that had been brought into the homes where there could be high traffic or problems. The Planning Commission reviewed individual occupations and debated about hours to ensure quiet on Saturday and Sunday mornings and said it was at Council's discretion.

John Felstead asked how 17.840 applied to real estate clients, travel companies and home based businesses using videos to entice clients. Summerset III had some issues and a history of travel busses coming into their community, which that had been taken care of at the board of director level and he asked for clarification on specific issues and about enforcement.

Planner Nielsen referred to Section 17.840.009, noting that it allowed an exception for teaching, counseling and instructional activity.

Mr. Feldstead stated that his board was not in favor of restricting activities like Avon and other products and he asked about compliance.

Chris Becnel commented that the Chamber of Commerce was in support of the Ordinance since there was a lack of space for business. The Ordinance, as it existed, was restrictive and this was much more user friendly. He said he had voted against the Ordinance due to the hours.

Motion: Approve closing the public hearing.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill

Motion: Approve waiving first reading and adopting Ordinance No. 785 with the modification of hours on Saturday and Sunday from 8:00 a.m. to 8:00 p.m.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill

18. Consideration of a Resolution approving a General Plan Amendment (GPA 03-03) from 11.38 acres of High Density Residential and 15 acres of General Commercial to 4.8 acres of Very High Density Residential, 11 acres of Medium Density Residential and 10.58 acres of General Commercial, and consideration of an Ordinance approving a Rezone (RZ 03-14) from PD-18 and R-3 to PD-67 with the establishment of development standards for a mixed-use development, located at the northwest corner of Balfour Road and the State Route 4 Bypass. (H. Sword/E. Nolthenius)

Senior Planner, Erik Nolthenius, presented a staff report, noting that staff recommended that Council pass the Resolution, approve the General Plan Amendment and waive first reading of the Ordinance for a rezone.

Mayor Swisher opened the public hearing.

Motion: Approve closing the public hearing.
Moved by Swisher, seconded by Petrovich.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill

Motion: Approve waiving full reading and adopting Resolution No. 2004-245 approving a General Plan
Amendment (GPA 03-03) from 11.38 acres of High Density Residential and 15 acres of General Commercial to 4.8 acres of Very High Density Residential, 11 acres of Medium Density Residential and 10.58 acres of General Commercial, and waived first reading and approved Ordinance No. 786 approving a Rezone (RZ 03-14) from PD-18 and R-3 to PD-67 with the establishment of development standards for a mixed-use development, located at the northwest corner of Balfour Road and the State Route 4 Bypass.

Moved by Petrovich, seconded by Swisher.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill

OLD BUSINESS (09:16 PM)

19. PULLED PER AGENDA REVIEW - Approve a Resolution Approving the 100% Design for the New City Hall, CIP Project No. 337-3139 and direct staff to move forward with the project to include the preparation of construction documents. (K. Chew/M. Huber)

NEW BUSINESS (09:16 PM)

20. PULLED PER AGENDA REVIEW - Approve a Resolution to include 118 Oak Street Building Improvements into the 2004/05 – 2008/09 Capital Improvement Program, and authorize the City Manager to execute professional services agreements with Gibson/Salmon Group in an amount of $44,885, plus a 10% contingency for a total contract amount of $49,373.50 for the design and with RGM and Associates in the amount of $75,575.00 plus a 10% contingency for a total contract amount of $83,132.50 for construction management services for the 118 Oak Street Building Improvements. (K. Chew/M. Huber)

21. PULLED PER AGENDA REVIEW - Approve a Resolution to include the 400 Guthrie Lane project into the 2004/2005 – 2008/2009 Capital Improvement Program and authorize the City Manager to execute professional services agreements with Gibson/Salmon Group for architecture services in an amount of
$79,335 plus a 10% contingency for a total contract amount of $87,268.50 and with RGM and Associates for construction management services in the amount of $87,300 plus a 10% contingency for a total contract amount of $96,030. (K. Chew/M. Huber)

INFORMATIONAL REPORTS FROM STAFF - No action required (09:16 PM)

22. Informational Report on Subdivision No. 8545, Deer Ridge Country Club, Village H-1-A Unit 2, located at southwest corner of Foothill Drive and Spyglass Drive intersection in formerly known Sun-Cal Development; Final map approval. (K. Diaz)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (09:16 PM)

REQUESTS FOR FUTURE AGENDA ITEMS (09:16 PM)

Council Member Petrovich requested that a meeting be scheduled to discuss complaints of several merchants pertaining to the activities of the Arts Commission.

ADJOURNMENT (09:14 PM)

Motion: Approve adjournment.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill

Respectfully submitted,



Cynthia Garcia
Assistant City Clerk


 

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