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Meeting Minutes

CITY OF BRENTWOOD
CITY COUNCIL MEETING MINUTES
FEBRUARY 22, 2005

CALL TO ORDER (6:00 PM)
Roll Call
Present: Beckstrand; Gutierrez; Swisher; Taylor; Vacancy One

ADJOURN TO CLOSED SESSION (6:01 PM)
Closed Session pursuant to Gov’t Code 54957: Public Employee Discipline/Dismissal/Release

Closed Session pursuant to Gov’t Code 54957: Public Employee Appointment: Title – Interim City Attorney

Closed Session pursuant to Gov’t Code 54956.9: Conference with Legal Counsel – Anticipated Litigation. One potential case.

RECONVENE IN OPEN SESSION - 734 Third Street, City Council Chamber (06:59 PM)
Roll Call
Present: Beckstrand; Gutierrez; Swisher; Taylor; Vacancy One

REPORT ON CLOSED SESSION (06:59 PM)

Mayor Swisher reported that the Council had accepted the City Attorney's retirement as of February 28, 2005 and approved a severance agreement and general release of all claims between the City and Dennis Beougher. The vote was 4 - 0 with one vacancy.

Mayor Swisher reported that Council had appointed Tom Curry of McDonough, Holland and Allen, as Interim City Attorney beginning February 22, 2005. The vote was 4 - 0 with one vacancy.

Mayor Swisher reported that the Council Session item regarding Conference with Legal Council - Anticipated Litigation, would be discussed following the the remaining items listed on the agenda.

PRESENTATIONS (07:01 PM)

A. Recognizing Drew Hanson for his service to the Brentwood Advisory Neighborhood Committee (BANC) and Chris Becnel and Joan Douglas for their service to the Planning Commission.

Mayor Swisher recognized City Clerk, Karen Diaz, for her hard work and dedication to the City. Karen had accepted the position of City Clerk with the City of Union City beginning March 1, 2005.

B. Proclamation recognizing Veteran, Len Bregman, national director of the Navy League of the United States.

AGENDA REVIEW - None (07:13 PM)

CITIZEN COMMENTS (07:13 PM)

John Case asked Council to investigate situations at Deer Ridge since the developer had decided to defer amenities.

CONSENT CALENDAR (07:19 PM)

1. PULLED FOR DISCUSSION - Approve Minutes of February 8, 2005 and special meeting of February 15, 2005. (K. Diaz)
2. PULLED FOR DISCUSSION - Adopt a Resolution approving contract documents and award the Construction Contract for the Sand Creek Road East B Widening/Landscaping, CIP Project No. 336-3148, and amend the CIP budget sheet. (B. Grewal/F. Lideros)

3. Adopted Resolution No. 2005-40 of Initiation designating Francisco & Associates, Inc. as the Engineer of Work for the Consolidated Landscape & Lighting Assessment Districts and the Citywide Park Maintenance District No. 98-1 for the 2005/06 Fiscal Year; and authorize the City Manager to execute a Consultant Services Agreement in an amount not to exceed $130,000. (B. Grewal/D. Galey)

4. Adopted Resolution No. 2005-41 accepting the work performed by Bay Cities Paving & Grading, Inc., for the construction of the Brentwood Boulevard Curve, CIP Project No. 336-3100, and directing the City Clerk to file a Notice of Completion with the County Recorder. (B. Grewal/B. Bornstein)

5. Adopted Resolution No. 2005-42 accepting off-site public improvements for Conditional Use Permit No. 00-06, Resurrection Lutheran Ministries, located at the southwest corner of Fairview Avenue and Sand Creek Road. (B. Grewal/D. Galey)

6. Adopted Resolution No. 2005-43 awarding the contract to BT Mancini Co. Inc., for the New Police Station (Group C-Rebid), CIP Project No. 337-3142, and the City Data Center, CIP Project No. 337-3709, in the amount of $99,960 plus a 10% contingency, for Bid Package #15 – Flooring and authorizing the City Manager to execute the construction contract and related documents. (K. Chew/M. Huber)

7. PULLED FOR DISCUSSION - Adopt a Resolution authorizing the City Manager to execute a Contract Change Order to Luhdorff and Scalmanini Consulting Engineers, Inc., for Well #15, CIP Project No. 562-5631, in the amount of $167,052.24. (B. Grewal/P. Eldredge)

8. PULLED FOR DISCUSSION - Adopt a Resolution approving Amendment No. 1 to the Reimbursement Agreement with Braddock & Logan Group II, L.P., Subdivision No. 8661, located north of Central Boulevard and east of Fairview Avenue, behind the new Catholic Church, for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

9. Approved Resolution No. 2005-44 designating Karen Chew as the voting Board Member and continuing Denise Davies as the alternate Board Member on the Contra Costa County Municipal Risk Management Insurance Authority Board of Directors. (K. Diaz)

10. Accepted the resignation of Drew L. Hanson from the Brentwood Advisory Neighborhood Committee (BANC). (K. Diaz)

11. Rejected the claim presented by Maria Semeraro. (K. Diaz)

12. Waived second reading and adopted Ordinance No. 796 to amend Planned Development No. 24 to create Subarea “B” with the corresponding development standards for the 0.67 acre site generally located east of Guthrie Lane and south of Harvest Park Drive. (H. Sword/J. Zilm)

13. Authorized the City Manager to hire CPS Executive Search to conduct City Attorney recruitment. (D. Landeros/K. Chew)

CONSENT CALENDAR ACTIONS

Motion: Approve Consent Calendar Items 3 - 6 and 9-13 as recommended.
Moved by Beckstrand, seconded by Gutierrez.

Vote: Motion carried 4-0.

Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

1. Approve Minutes of February 8, 2005 and special meeting of February 15, 2005. (K. Diaz)

Mayor Swisher requested that corrections be made to the Minutes of February 8, 2005, Item 16.

Motion: Approve Minutes of February 8, 2005 with corrections to Item 16 and special meeting of February 15, 2005. (K. Diaz)
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

2. Adopt a Resolution approving contract documents and award the Construction Contract for the Sand Creek Road East B Widening/Landscaping, CIP Project No. 336-3148, and amend the CIP budget sheet. (B. Grewal/F. Lideros)

Motion: Approve waiving full reading and adopting Resolution No. 2005-45 as recommended.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 3-0.
Yes: Gutierrez; Swisher; Taylor
Abstain: Beckstrand
Vacancy: One.

7. Adopt a Resolution authorizing the City Manager to execute a Contract Change Order to Luhdorff and Scalmanini Consulting Engineers, Inc., for Well #15, CIP Project No. 562-5631, in the amount of $167,052.24. (B. Grewal/P. Eldredge)

Motion: Approve waiving full reading and adopting Resolution No. 2005-46 as recommended.
Moved by Taylor, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

8. Adopt a Resolution approving Amendment No. 1 to the Reimbursement Agreement with Braddock & Logan Group II, L.P., Subdivision No. 8661, located north of Central Boulevard and east of Fairview Avenue, behind the new Catholic Church, for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

Motion: Approve waiving full reading and adopting Resolution No. 2005-47 as recommended.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 3-0.
Yes: Beckstrand; Gutierrez; Taylor
Abstain: Swisher
Vacancy: One.

PUBLIC HEARINGS (07:25 PM)

14. Consideration of a Resolution approving an RGMP application for 206 allocations in calendar year 2005 to Suncrest Homes for The Estates at Prewett Ranch project, a proposed 240-unit subdivision located south of Lone Tree Way and north of Grant Street, between O’Hara Avenue and Brentwood Boulevard. (H. Sword/E. Nolthenius)

Senior Planner, Erik Nolthenius, presented a staff report.

Mayor Swisher opened the public hearing.

Gordon Gravelle, Suncrest Homes, said he was in favor of the RGMP process and added that he had come forward with a project that had been approved with 180 points.

Louis Schofield, representative of Baca properties, said that the project had a difficult time competing with large developments. He did not dissapprove of Prewett Ranch and asked Council to consider approving Parkside Villas project along with Prewett Ranch.

David Jacobson, Planning Consultant for Baca Properties, asked Council to approve both projects.

Paul Diamond said he was not in favor of the Baca proposal moving forward as long as there was potential litigation without a clear property line and said he believed that the developers were trying to take six feet off of the lots of property owners on Water Street.

Mr. Gravelle said he was not prepared to comment since he did not bring attorneys.

Mr. Schofield explained that there had been negotiations over the resolution of either moving the fence or the sale of the property to Baca Properties.

David Jacobson asked Council to consider each project on its own merit and said he believed that there was an amicable solution.

Julie Truesell referred to a map noting that a licenced surveyor had done the surveying.

Motion: Approve closing the public hearing.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

Motion: Approve waiving full reading and adopting Resolution No. 2005-48 approving the allocation to Suncrest Homes.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

15. Consideration of an Ordinance approving the rezone of roughly 20 acres from R-1-6 to Planned Development Zone No. 44 (PD-44), the certification of the Final Environmental Impact Report and adoption of the Mitigation Measures and Reporting Plan, and the amendment of Planned Development No. 44 to include development standards for the 78 acre Marseilles Project; and consideration of a Resolution approving a deviation of the Density Transition Policy allowing Lot Nos. 136, 137, 152, and 153 of Tentative Subdivision Map No 8729 to be reduced from the required minimum lot size of 20,000 sq. ft. down to 15,460 sq. ft. (Lot 136), 11,947 sq. ft. (Lot 137), 11,991 sq. ft. (Lot 152), and 16,477 sq. ft. (Lot 153). (H. Sword / J. Zilm)

Senior Planner, Jeff Zilm, presented a staff report, explaining the reason for the density transition policy.

Mayor Swisher opened the public hearing.

Carol Maiocco said she was in support of the project.

Hugh Maiocco said he was in support of the Pinn Brothers project.

Sarah Beamish spoke on behalf of the Natural Heritage Institute, noting that the she would continue to work with the City and Pinn Brothers to ensure the development was a positive example of creek side development.
Motion: Approve closing the public hearing.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

Council Member Gutierrez asked to have a review of the Density Transition Policy.

Motion: Approve waiving full reading and introducing Ordinance No. 797 approving Development Zone No 44 as recommended and waiving full reading and approving Resolution No. 2005-49 approving deviation of the Density Transition Policy as recommended.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

16. Consideration of an Ordinance amending Planned Development 5 (PD-5) to create development standards for this 43-acre parcel located at the northeast corner of Balfour Road and Fairview Avenue. (H. Sword/D. Hill)

Mayor Swisher declared a conflict of interest and left the Council Chamber.

Associate Planner, Debbie Hill, presented a staff report.

Vice Mayor Gutierrez opened the public hearing.

Bob Selders, Western Pacific Housing, explained that he was anxious to move forward with the project.

Motion: Approve closing the public hearing.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 3-0.
Yes: Beckstrand; Gutierrez; Taylor
Abstain: Swisher
Vacancy: One.

Motion: Approve waiving full reading and introducing Ordinance No. 798 as recommended.
Moved by Taylor, seconded by Beckstrand.
Vote: Motion carried 3-0.
Yes: Beckstrand; Gutierrez; Taylor
Abstain: Swisher
Vacancy: One.

Mayor Swisher returned to the Council Chamber.

OLD BUSINESS (08:46 PM)

17. City Council Member appointments to various Committees and Commissions. (B. Swisher)

CITY COUNCIL/RDA STANDING SUBCOMMITTEES
ECONOMIC DEVELOPMENT/REDEVELOPMENT: Swisher/Taylor
HOUSING: Swisher/Taylor

AD HOC COMMITTEES
NEW CITY HALL: Swisher/Beckstrand

COUNTY, REGIONAL & OTHER COMMITTEES
ABAG: Swisher (Beckstrand alternate)
ARTS COMMISSION LIAISON: Beckstrand
BRENTWOOD ADVISORY NEIGHBORHOOD COMMITTEE (BANC) LIAISON: Taylor
BYRON AIRPORT LAND USE COMMITTEE (Mayors Conference Appointment): Swisher
COUNTYWIDE BICYCLE ADVISORY COMMITTEE (Mayors Conference Appointment): Swisher
DELTA SIX: Swisher/Beckstrand
DELTA COMMUNITY SERVICES LIAISON: Gutierrez
EAST CCC HABITAT CONSERVATION PLANNING ASSOC. (HCPA): Gutierrez
EAST COUNTY URBAN LIMIT LINE TASK FORCE: Swisher
EAST COUNTY WATER MANAGEMENT ASSOCIATION (ECWMA): Gutierrez
INTER-REGIONAL PARTNERSHIPS: Swisher
LEAGUE OF CALIFORNIA CITIES (East Bay Division): Taylor
LIBRARY REGIONAL BOARD LIAISON: Beckstrand
POLICE ACTIVITIES LEAGUE (PAL) LIAISON: Swisher
SCHOOL INTER-AGENCY: Swisher/Taylor
TRANSPLAN, BART & TRANSPORTATION RELATED MATTERS: Beckstrand (Gutierrez alternate)
VASCO ROAD TASK FORCE: Beckstrand

CITY COUNCIL APPOINTMENTS TO OTHER BOARDS, COMMISSIONS & COMMITTEES
CITIZENS ADVISORY COMMITTEE (CAC) CONTRA COSTA TRANSPORTATION AUTHORITY: Marna Huber
CONTRA COSTA COUNTY COMMISSION ON AGING: Anne Kelly
CONTRA COSTA COUNTY LIBRARY COMMISSION: Ronald Fugazzi (Kelly Wentz alternate)
CONTRA COSTA MOSQUITO & VECTOR COMMISSION: Jon Elam
EAST CONTRA COSTA FIRE PROTECTION DISTRICT’S MASTER PLAN WORK GROUP: Jeff Altman
TRI DELTA TRANSIT BOARD: Barbara Guise

Motion: Approve appointments to various Committees and Commissions.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

18. Report and update on the long-term plan by Contra Costa County that provides for funding and operation of the County Senior Nutrition Program (Co Co Café). (C. Bronzan/P. Scherff)

Director of Parks and Recreation, Craig Bronzan, presented a staff report.

Paul Krantz presented an update on the program and some of the long term funding to alleviate budget constraints.

19. Discuss and provide direction to the Mayor concerning the proposed location in Byron of the Brentwood Gun Club. (Mayor Swisher)

Motion: Approve authorizing the Mayor to send a letter withdrawing the City's support of the proposed location of the Brentwood Gun Club in Byron.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

INFORMATIONAL REPORTS FROM STAFF - None (09:13 PM)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS - None (09:14 PM)

REQUESTS FOR FUTURE AGENDA ITEMS (09:14 PM)

Council Member Beckstrand requested a presentation and discussion regarding Deer Ridge.

Motion: Approve recessing to closed session.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

RECESS TO CLOSED SESSION (09:14 PM)
Closed Session pursuant to Gov’t Code 54956.9: Conference with Legal Counsel – Anticipated Litigation. One potential case.

Motion: Approve recessing to Closed Session.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

RECONVENE TO OPEN SESSION (9:44 PM)

ADJOURNMENT (9:45 PM)

Motion: Approve adjournment.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.


Respectfully Submitted,


Cynthia Garcia
Interim City Clerk 

 

City Administration
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