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CITY OF BRENTWOOD
CITY COUNCIL MINUTES
NOVEMBER 09, 2004
COUNCIL CHAMBER
CALL TO ORDER (5:11 PM)
Roll Call
Present: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich
ADJOURN TO CLOSED SESSION (5:12 PM)
Closed Session pursuant to Government Code §54957:
PUBLIC EMPLOYMENT RECRUITMENT – City Manager Position
Closed Session pursuant to Government Code §54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Liberty Union High School District Bus Barn, Oak Street
City Negotiator: John Stevenson
Under negotiation: Price and Terms of Payment
Property: Veterans Memorial Building, 757 First Street
City Negotiator: Karen Chew and John Stevenson
Closed Session pursuant to Government Code §54956.9A:
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One case: Comcast
RECONVENE IN OPEN SESSION (6:45 PM)
CALL TO ORDER CITY COUNCIL (07:01 PM)
Roll Call
Present: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich
REPORT ON CLOSED SESSION (07:02 PM)
Mayor Swisher announced that there was nothing to report from Closed
Session.
PRESENTATIONS (07:02 PM)
A. Maintenance Superintendent’s Association (MSA) presentation of the Public
Works Peter Walsh Award to Jim Gallegos, Streets Manager.
B. Proclamation declaring November 21 - 27, 2004 as National Family Week.
Clinton and Mary Sudwegs accepted the proclamation for National Family Week.
C. Proclamation recognizing November as Homeless Awareness Month.
Al Koolage accepted the proclamation for Homeless Awareness Month.
D. New Employee Introduction & Oath of Allegiance.
City Engineer, Bailey Grewal, introduced Frank Lideros, Associate Engineer,
and Heather Silfies, Administrative Assistant I.
Public Works Director, Paul Zolfarelli, introduced Chris Ehlers, Water
Operations Manager; James Sandlin, Senior Mechanic; Jim Howard, Street
Maintenance II; Jeff Crawley, Electrician; Chad Poses, Street Maintenance
Worker I; Jessie Grijalva, Street Maintenance Worker I and Ray Harbin, Solid
Waste Equipment Operator.
Director of Finance and Information Systems, Pam Ehler, introduced Gena
Mariscal, Utility Billing Supervisor.
Director of Parks and Recreation, Craig Bronzan, introduced Linda Stadlbauer,
Administrative Assistant II.
Mayor Swisher administered the Oath of Office.
AGENDA REVIEW - None (07:34 PM)
CITIZEN COMMENTS - None (07:35 PM)
CONSENT CALENDAR (07:35 PM)
1. PULLED FOR DISCUSSION - Approve Minutes of October 12, 2004 and October
26, 2004. (K. Diaz)
2. PULLED FOR DISCUSSION - Approve a Resolution approving a Reimbursement
Agreement with Ponderosa Homes II, Inc., A California Corporation, for
Subdivision Map No. 8529, located west of Minnesota Avenue, north of Sand
Creek Road, consisting of 56 lots, for costs associated with Master Plan
Facility Improvements. (B. Grewal/L. Vargas)
3. Approved Resolution No. 2004-253 approving the contract documents and
award the construction contracts (Exhibit “A” attached) for the New Police
Station (Group C), CIP Project No. 337-3142, and the New City Hall Data
Center, CIP Project No. 337-3139, plus 10% contingencies. Reject all bids
submitted for Bid Packages #15 - Flooring and #16 - Ceramic Tile and direct
staff to re-bid these Bid Packages. (K. Chew/M. Huber)
4. Approved Resolution No. 2004-254 authorizing the City Manager and City
Clerk or their designees to execute Quitclaim Deeds to terminate the City’s
interest in Parcels A, B and C of “Minor Subdivision No. 355-02” filed
November 21, 2002 in Book 185 of Maps, Page 33, Contra Costa County, and
hereby conveying whatever interest the City may have in those parcels to Lee
and Alisha Scott, Tre, Brentwood Medical Partners, LLC and Pheasant Hill
Partners, LLC respectively. (B. Grewal/D. Galey)
5. PULLED FOR DISCUSSION - By resolution, authorize the reservation of
Housing Trust Funds in an amount not to exceed $1,000,000 to Eden Housing,
Inc. a non-profit housing development corporation, for the development of
Brentwood Senior Commons, a senior housing project, subject to the
preparation and approval by the City Council of an agreement specifying the
specific terms and conditions of participation with Eden Housing, Inc.
relating to the development of the project. (H. Sword/E. Bonneville)
6. Accepted the recommendation of the Arts Commission to appoint Patricia
Lacy-Rankin as Commissioner for a three-year term ending December 31, 2006.
(C. Bronzan/R. Burr-Siegel)
7. PULLED FOR DISCUSSION - Accept the Annual Report on the Parks, Trails,
and Recreation Master Plan. (C. Bronzan)
8. PULLED FOR DISCUSSION - Approve Temporary Use Permit No. 04-34 to allow
for the use of City owned property for the staging of the Thanksgiving
Freedom Run sponsored by the Diablo Funding Group for one day, Saturday,
November 20th between the hours of 9:00 am and 10:30 am. (H. Sword/T.
Nielsen)
9. Approved Resolution No. 2004-255 amending the 2004/05 -2008/09 Capital
Improvement Program by adding the Communication Tower Project into the
program, CIP Project No. 337-3142. (K. Chew/M. Huber)
10. Approved Resolution No. 2004-256 authorizing a request to the
Metropolitan Transportation Commission (MTC) for approval of a revision to
the scope of the proposed Minnesota Avenue Sidewalk Improvement Project
which was awarded FY 2004/2005 Transportation Development Act (TDA) funds.
(B. Grewal/K. Wahl)
11. Approve Resolution No. 2004-257 accepting the work performed by Strange
& Chalmers, Inc. for the Bicycle Ramps 2004 project, CIP Project No.
522-5212, and direct the City Clerk to file a Notice of Completion with the
County Recorder. (C. Bronzan/ K. Wahl)
12. Approved Resolution No. 2004-258 approving form and substance of an
amended and restated trust agreement in connection with the issuance by BIFA
of its infrastructure revenue refunding bonds, Series 2004C and authorizing
changes thereto and execution thereof and approving the form and substance
of an official statement with respect to such bonds and authorizing changes
thereto. (P. Ehler)
13. PULLED FOR DISCUSSION - Approve a Resolution authorizing the City
Manager to execute a change order in an amount not to exceed $40,000 with
Gray Bowen and Company, Inc. for regional transportation related assistance
including Vasco Road safety and strategic planning advice and assistance.
(B. Grewal/P. Eldredge)
13A. PULLED FOR DISCUSSION - Approve appointment of City representative to
East Contra Costa Fire Protection District Master Plan work group. (Mayor
Swisher) CONSENT
CALENDAR ACTIONS
Motion: Approve Consent Calendar Items 3-4, 6, 9-19 as recommended.
Moved by Gutierrez, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich
1A. Approve Minutes of October 12, 2004. (K. Diaz)
Motion: Approve Minutes of October 12, 2004.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 3-0.
Yes: Beckstrand; Gutierrez; Swisher
Abstain: Hill
Absent: Petrovich
1B. Approve Minutes of October 26, 2004. (K. Diaz)
Motion: Approve Minutes of October 26, 2004.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich
2. Approve a Resolution approving a Reimbursement Agreement with Ponderosa
Homes II, Inc., A California Corporation, for Subdivision Map No. 8529,
located west of Minnesota Avenue, north of Sand Creek Road, consisting of 56
lots, for costs associated with Master Plan Facility Improvements. (B.
Grewal/L. Vargas)
Motion: Approve waiving full reading and adopting Resolution No. 2004-259 as
recommended.
Moved by Beckstrand, seconded by Hill.
Vote: Motion carried 3-0.
Yes: Beckstrand; Gutierrez; Hill
Abstain: Swisher
Absent: Petrovich
5. By resolution, authorize the reservation of Housing Trust Funds in an
amount not to exceed $1,000,000 to Eden Housing, Inc. a non-profit housing
development corporation, for the development of Brentwood Senior Commons, a
senior housing project, subject to the preparation and approval by the City
Council of an agreement specifying the specific terms and conditions of
participation with Eden Housing, Inc. relating to the development of the
project. (H. Sword/E. Bonneville)
Motion: Approve waiving full reading and adopting Resolution No. 2004-260 as
recommended.
Moved by Hill, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich
7. Accept the Annual Report on the Parks, Trails, and Recreation Master
Plan. (C. Bronzan)
Motion: Approve and accept the Annual Report on the Parks, Trails, and
Recreation Master Plan.
Moved by Swisher, seconded by Hill.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich
8. Approve Temporary Use Permit No. 04-34 to allow for the use of City owned
property for the staging of the Thanksgiving Freedom Run sponsored by the
Diablo Funding Group for one day, Saturday, November 20th between the hours
of 9:00 am and 10:30 am. (H. Sword/T. Nielsen)
Mike Sarmiento stated that he wanted to minimize traffic and the impact to
the downtown area and added that streets would be open around 10:00 am.
Motion: Approve waiving full reading and adopting Resolution No. 2004-261 as
recommended.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich
13. PULLED FOR DISCUSSION - Approve a Resolution authorizing the City
Manager to execute a change order in an amount not to exceed $40,000 with
Gray Bowen and Company, Inc. for regional transportation related assistance
including Vasco Road safety and strategic planning advice and assistance.
(B. Grewal/P. Eldredge)
Motion: Approve waiving full reading and adopting Resolution No. 2004-262 as
recommended. Council directed staff to meet with Gray Bowen on a semi
monthly basis, with a report forwarded to Council on a monthly basis
Moved by Gutierrez, seconded by Hill.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich
13A. Approve appointment of City representative to East Contra Costa Fire
Protection District Master Plan work group. (Mayor Swisher)
Motion: Approve the appointment of Jeff Altman to the East Contra Costa Fire
Protection District Master Plan work group.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich
PUBLIC HEARINGS (08:03 PM)
14. Consideration of the following pertaining to the formation of Community
Facilities District No. 4: approving a Resolution establishing the City of
Brentwood Community Facilities District No. 4 (CFD No. 4), approving an
amended boundary map, and providing for the levy of a special tax; approving
a Resolution deeming the necessity to incur bonded indebtedness to finance
the acquisition and construction of certain public facilities in and for CFD
No. 4; conducting the special election for CFD No. 4; approving a Resolution
determining the results of the special election for CFD No. 4 and
introducing an ordinance levying a special tax relating to CFD No. 4. (B.
Grewal/D. Galey)
Engineering Services Specialist, Debra Galey, presented a staff report
noting that a ballot and consent and waiver form had been mailed to each
property owner within the district. Ballots would be tabulated at the close
of the public hearing.
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; Hill; Swisher
Absent: Petrovich
Ms. Galey reported that all ballots had been returned and all votes had been
yes votes.
Motion: Approve waiving full reading and adopting Resolution No. 2004-263
establishing the City of Brentwood Community Facilities District No. 4 (CFD
No. 4), approving an amended boundary map, and providing for the levy of a
special tax as recommended.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich
Motion: Approve waiving full reading and adopting Resolution No. 2004-264
deeming the necessity to incur bonded indebtedness to finance the
acquisition and construction of certain public facilities in and for CFD No.
4 and conducting the special election as recomended.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich
Motion: Approve waiving full reading and adopting Resolution No. 2004-265
determining the results of the special election for CFD No. 4.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich
Motion: Approve waiving first reading and approving Ordinance No. 787
levying a special tax relating to CFD No. 4 as recommended.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich
15. Approval of Park and Recreation Commission’s recommendation to create a
new Title 7, Parks and Recreation, including such subjects as parks, trees
and shrubs, heritage tree preservation, recreational uses and trails and
deleting Chapter 9.48, Use of City Park and Chapter 12.16, Street Trees. (C.
Bronzan/T. Homan/P. Scherff/K. DeSilva) CONTINUED FROM THE MEETING OF
OCTOBER 26, 2004.
Director of Parks and Recreation, Craig Bronzan, presented a staff report
addressing items from the last City Council meeting. With regard to the
interactive Inflatable devices, Risk Management Authority did not provide
insurance to cities. He said if the City prohibited them, the City would
still be without coverage and he recommended that the City permit them in
open space areas and require that the providers of the devices fill out a
permit and carry insurance. With regard to alcoholic beverages, staff stood
by the recommendation. Alcohol created problems in buildings and if Council
did not limit facilities, staff could come back to Council with a
recommendation to raise the security deposit so that if there was any damage
done, there should be enough in the deposit to cover and make repairs. He
spoke about the Heritage Tree item noting that the type of property that the
ordinance referred to was City property and recommended that there be
standards and specifications. There was not an inventory on private property
trees and one option was to invite private property owners to place their
trees on the protected list. Planning Commission and Parks & Recreation
Commission could serve as the tree board or trees could be restricted to
fewer certain species. He requested Council direction in relation to the
heritage trees.
Council Member Hill said that the property was private and that heritage
trees should be made elective. He did not agree with having a tree board or
imposing tree ordinances. He was in agreement with the recommendation for
the inflatable devices.
Mayor Swisher opened the public hearing.
Motion: Approve closing public hearing.
Moved by Gutierrez, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich
Council Member Beckstrand said she felt that the ordinance bordered on
overregulation.
Council Member Gutierrez said that there may be a compromise in having a
developer keep certain trees as part of a condition of development.
Council Member Hill said he believed it would be difficult to implement the
language of the tree ordinance. He said he agreed with the recommendation
regarding the inflatable devices, noting that staff could increase the
security deposit. He asked to have proof that having alcohol present caused
damage to buildings.
Director Bronzan said that when there were weddings or one time events, it
was difficult to get applicants to pay for damage. The current deposit was
$250 for an event without alcohol and $500 with alcohol. Staff recommended
that the deposit amount change to $750. He explained that based on the Parks
and Recreation Director, in accordance with the direction of the arborist,
if a tree was removed, the value of the tree would have to be replaced
straight with the same species. He added that people could come forward to
add their trees and he did not want to establish a tree board since the
existing Parks and Recreation Commission or Planning Commission could be
used. There were conditions that if a tree needed to come out, it was
important that it be mitigated somewhere else.
Council Member Beckstrand asked what would happen if a private property
owner had a tree that was exclaimed as a heritage tree and then the property
was sold. Director Bronzan stated that the heritage tree would need to be
disclosed.
Council Member Beckstrand requested that the heritage tree part of the
ordinance be left out since she was concerned about over-regulation.
Council Member Gutierrez said that the value of a tree should be recognized
and that private property owners could participate if they wished.
Director Bronzan said he would bring back the ordinance with the permission
of Council.
Motion: Approve waiving first reading and approving Ordinance No. 788,
accepting the recommendation of staff regarding insurance pertaining to
inflatable devices; that the security deposit be raised, which would be
brought back as part of the fee schedule; that staff bring back the tree
issue at another time and that Council approve the remainder of the
ordinance.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich
16. Consideration of an Ordinance approving a Rezone to establish
development standards for Sub Area ‘C’ of PD-20, a 3.7-acre site located
approximately 1/3 mile south of Balfour Road and directly west of Concord
Avenue. (H. Sword/E. Nolthenius)
Senior Planner, Erik Nolthenius, presented a staff report recommending that
the first reading be waived and that the Ordinance be approved.
Mayor Swisher opened the public hearing.
Motion: Approve closing the public hearing.
Moved by Swisher, seconded by Hill.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich
Motion: Approve waiving first reading and approving Ordinance No. 789 as
recommended approving a Rezone to establish development standards for Sub
Area ‘C’ of PD-20, a 3.7-acre site located approximately 1/3 mile south of
Balfour Road and directly west of Concord Avenue.
Moved by Hill, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich
17. Consideration of an Ordinance approving a Rezone and establishment of
development standards for a 4.84-acre site, and consideration of a
Resolution approving a Tentative Subdivision Map to subdivide the site into
12 single-family residential lots, located at the southeast corner of
Apricot Way and Montclair Place. (H. Sword/E. Nolthenius) CONTINUE TO
JANUARY 11, 2005
Mayor Swisher opened the public hearing.
Motion: Approve continuance to January 11, 2005 the consideration of an
Ordinance approving a Rezone and establishment of development standards for
a 4.84-acre site, and consideration of a Resolution approving a Tentative
Subdivision Map to subdivide the site into 12 single-family residential
lots, located at the southeast corner of Apricot Way and Montclair Place.
Moved by Gutierrez, seconded by Hill.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich
18. Consideration of Resolution approving Residential Growth Management
Program allocations for the Bridle Gate project, a 166-unit subdivision
located south of Sand Creek Road and west of the State Route 4 Bypass. (H.
Sword/E. Nolthenius) CONTINUE TO DECEMBER 14, 2004
Mayor Swisher opened the public hearing.
Motion: Approve continuance to December 14, 2004 the consideration of a
Resolution approving Residential Growth Management Program allocations for
the Bridle Gate project, a 166-unit subdivision located south of Sand Creek
Road and west of the State Route 4 Bypass.
Moved by Gutierrez, seconded by Hill.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich
19. Consideration of a Resolution approving Residential Growth Management
Program allocations for the Sterling Preserve III project, an 84-unit
subdivision located north of Grant Street on both sides of O’Hara Avenue.
(H. Sword/E. Nolthenius)
Senior Planner, Erik Nolthenius, presented a staff report recommending that
Council pass the Resolution granting the requested allocations.
Mayor Swisher opened the public hearing.
Motion: Approve closing the public hearing.
Moved by Hill, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich
Motion: Approve waiving full reading and adopting Resolution No. 2004-266
approving Residential Growth Management Program allocations for the Sterling
Preserve III project, as recommended.
Moved by Hill, seconded by Swisher.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich
20. Consideration of an Ordinance approving a zoning amendment to amend
PD-26 to add development standards for Planning Area 6, Subarea A, and
approve a Resolution approving the Tentative Subdivision Map (TSM 8808) to
subdivide an approximately 4 acre site into 9 parcels for single-family
residential lots. (H. Sword/D. Hill) REMOVE FROM THE AGENDA AS REQUESTED BY
STAFF
21. Consideration of a Resolution approving a General Plan Amendment (GPA
02-01) to update the City’s Housing Element. (H. Sword/W. Rhodes)
Senior Planner, Winston Rhodes, presented a staff report noting that
approval was requested at this in order to provide for State review and
approval by December 31, 2004, thereby making the City eligible for $1.5
million in potential grants if the City's Housing Element was determined to
be in compliance with State law.
Mayor Swisher opened the public hearing.
Motion: Approve closing the public hearing.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich
Motion: Approve waiving full reading and adopting Resolution No. 2004-267 as
recommended.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich
NEW BUSINESS (08:42 PM)
22. Presentation of the General Fund Revenues and comparison to General Fund
Expenses prepared by Gruen Gruen + Associates. (P. Ehler)
Pamela Ehler, Director of Finance and Information Systems, introduced Claud
Gruen, Gruen + Gruen Associates. Mr. Gruen said that he had worked will all
departments to prepare for ten year expenditures and forecast revenues. He
pointed out that the forecast provided a body of data for use and monitoring
and provided some basic goals and challenges.
INFORMATIONAL REPORTS FROM STAFF - No action required (08:51 PM)
23. Informational report on Subdivision No. 8829, Deer Ridge Country Club,
Village G-2 “Dreamcatcher Ridge”, located south of Balfour Road and west of
Concord Avenue; Final Map. (K. Diaz)
24. Informational report on current and projected staff planning and
controls for City Departments including a sample organizational chart
designed for long range financial planning and controls. (J. Stevenson)
INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (08:51 PM)
REQUESTS FOR FUTURE AGENDA ITEMS (08:51 PM)
Council Member Gutierrez asked to have housing fund allocations and
prioritizations brought to Council.
RECESS TO CLOSED SESSION (08:52 PM)
Motion: Approve recessing to closed session.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich
Closed Session pursuant to Government Code §54956.8: CONFERENCE WITH REAL
PROPERTY NEGOTIATORS. Property: Liberty Union High School District Bus Barn,
Oak Street. City Negotiator: John Stevenson. Under negotiation: Price and
Terms of Payment.
RECONVENE TO OPEN SESSION (9:31 PM)
Mayor Swisher noted that there was nothing to report from Closed Session.
ADJOURNMENT (9:32 PM)
November 23, 2004 meeting cancelled. The next regularly scheduled meeting
will be held December 14, 2004.
Motion: Approve adjournment.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich
Respectfully Submitted,
Cynthia Garcia
Assistant City Clerk
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