CITY OF BRENTWOOD
CITY COUNCIL MEETING MINUTES

MAY 24, 2005
COUNCIL CHAMBER

CALL TO ORDER CITY COUNCIL (5:31 PM)

Roll Call
Present: Beckstrand; Gutierrez; Taylor
Absent: Swisher
Vacancy: One.

ADJOURN TO CLOSED SESSION - City Hall Conference Room, 150 City Park Way, Brentwood, CA 94513 (5:32 PM)

CONFERENCE WITH LEGAL COUNCIL - Anticipated Litigation pursuant to Government Code § 54956.9 (b): Two potential cases.

RECONVENE IN OPEN SESSION (6:00 PM)

WORKSHOP - Council Chamber, 734 Third Street, Brentwood, CA 94513 (6:06 PM)

Review and discuss the proposed 2005/06 Operating Budget (P. Ehler)

At 6:11 p.m., Mayor Swisher entered into the Council Chamber and joined the Council.

At 6:55 p.m., City Council recessed to the Brentwood Infrastructure Financing Authority Meeting.

RECONVENE CITY COUNCIL (07:02 PM)

Roll Call
Present: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

REPORT ON CLOSED SESSION - None (07:03 PM)

PRESENTATIONS (07:03 PM)
B. Proclamation recognizing May 31, 2005 as Smoke Free Day.

Lisa Ramirez, Doug Hertzall and Karina Sierra accepted the proclamation.

A. Proclamation recognizing June 4 - 12, 2005 as Affordable Housing Week.

Bertha Ruiz accepted the proclamation.

C. Presentation of the Brentwood Police Department new uniform patch.

Lieutenant Brian Strock presented the new Brentwood Police Department uniform patch adopted by the Department on May 11, 2005.

AGENDA REVIEW (07:15 PM)

3. Authorize the City Manager to enter into professional services agreement with Freedman Tung and Bottomley to (1) bifurcate the completion of the Downtown Specific Plan from the completion of the Brentwood Boulevard Corridor Specific Plan, (2) to eliminate the preparation of a Specific Plan for Empire Triangle, and (3) to add the Special Planning Area B to the Brentwood Boulevard Corridor Specific Plan in an amount not to exceed $53,725 plus 10% contingency, for Capital Improvement Project #337-3200. (H. Sword/G. Rozenski)

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

CITIZEN COMMENTS (07:15 PM)

Jeff Tamayo said he had an issue with the Sunset Industrial Park since he had purchased property and there was a problem with getting utilities to the site. He was ready to move in one month and PG&E said utilities would be running in 12 weeks.

Mayor Swisher said that the Council would research and find out what happened between the City and PG&E.

CONSENT CALENDAR (07:19 PM)

1. Approved Minutes of May 10, 2005. (K. Chew/C. Garcia)

2. PULLED FOR DISCUSSION - Adopt a Resolution approving a professional services agreement with Scott Runion for the public art element for the Granville Estates project by D.R. Horton, Subdivision #8724 and authorizing the City Manager to sign said agreement. (C. Bronzan/R. Burr-Siegel)

3. PULLED FOR DISCUSSION - Authorize the City Manager to enter into professional services agreement with Freedman Tung and Bottomley to (1) bifurcate the completion of the Downtown Specific Plan from the completion of the Brentwood Boulevard Corridor Specific Plan, (2) to eliminate the preparation of a Specific Plan for Empire Triangle, and (3) to add the Special Planning Area B to the Brentwood Boulevard Corridor Specific Plan in an amount not to exceed $53,725 plus 10% contingency, for Capital Improvement Project #337-3200. (H. Sword/G. Rozenski)

4. PULLED FOR DISCUSSION - Adopt a Resolution approving an Affordable Housing Agreement between the City of Brentwood and Ashford Park II Investors, LLC for Subdivision 8763, Ashford Park II, located at the corner of Apricot Way and Montclair Place. (H. Sword/K. Reed)

5. Adopted Resolution No 2005-111 approving the Purchase Agreement with Harvest Time Assembly of God, for a portion of real property, generally located south of Ventura Road and on the west side of Concord Avenue for the John Muir Parkway (Concord Avenue Realignment) Project. (B. Grewal/M. Sullivan)

6. Adopted Resolution No 2005-112 authorizing execution of a Grant Deed to the State of California (Caltrans) for a portion of roadway along Highway 4 (Brentwood Boulevard) required for the New Police Station, CIP Project No. 337-3142. (B. Grewal/M. Sullivan)

7. Adopted Resolution No 2005-113 approving the Purchase Agreement with East Contra Costa Irrigation District (ECCID) for real property, generally located on the south side of Lone Tree Way between Fairview Avenue and O'Hara Avenue adjacent to the railroad tracks, for the Lone Tree Way - Union Pacific Undercrossing, CIP Project No. 336-3134. (B. Grewal/M. Sullivan)

8. Adopted Resolution No 2005-114 approving Amendment No. 1 to the Reimbursement Agreement with California Sun Brentwood, LLC, A Delaware Limited Liability Company, for all maps under Tentative Subdivision Map No. 7690, located south of Balfour Road and west of Concord Avenue, for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

9. PULLED FOR DISCUSSION - Adopt a Resolution authorizing the City Manager to execute contract amendments with Mark Thomas & Company, Inc., and Top Grade Construction, Inc., for the Sand Creek Road East, CIP Project No. 336-3061. (B. Grewal/P. Eldredge)
10. PULLED FOR DISCUSSION - Approve the recommendation for Youth Commissioners and Adult Advisors. (C. Bronzan/T. Burt)

11. Adopted Resolution No 2005-115 certifying and approving the Negative Declaration and adopting the 2005/06 ? 2009/10 Capital Improvement Program. (P. Ehler/G. Leech)

12. Adopted Resolution No 2005-116 authorizing the purchase of two (2) new, utility style trucks and one (1) 2-yard dump truck from Bill Brandt Ford and authorizing the City Manager to execute a purchase order for these vehicles not to exceed $65,750.08. (P. Zolfarelli/J. Gallegos)

13. Adopted Resolution No 2005-117 certifying compliance with the Measure C Growth Management Program (B. Grewal/K. Wahl)

14. Adopted Resolution No 2005-118 approving form and substance of an amended and restated trust agreement in connection with the issuance by Brentwood Infrastructure Financing Authority of its infrastructure revenue refunding bonds, Series 2005A and subordinated Series 2005B 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/B. Kelleher)

15. Adopted Resolution No 2005-119 authorizing the City Manager to amend the Professional Services Agreement with Abey Arnold Associates for as needed Landscape Architectural services, extending Section 4-TERM to June 30, 2005 and Section 5-PAYMENT to not to exceed $75,000. (C. Bronzan/J. Hansen)

16. Adopted Resolution No 2005-120 approving the Contract Documents and award a Construction Contract to Adesta Limited Partnership for the Fiber Optic Link project, in the amount of $313,879.50, plus a 10% contingency of $31,387.95 for a total contract of $345,267.45. (B. Grewal/M. Huber)

17. Adopted Resolution No 2005-121 authorizing the purchase of a new Sterling 10-Wheel Dump Truck from Delta Truck Center and authorizing the City Manager to execute a purchase order not to exceed $90,852.06. (P. Zolfarelli/C. Ehlers)

18. Adopted Resolution No 2005-122 authorizing implementation of the recommendations contained in the Classification and Compensation Study as prepared by Johnson & Associates. (K. Chew/P. Standley)

19. PULLED FOR DISCUSSION - Adopt a Resolution accepting the work performed by Top Grade Construction Co. Inc., for the Sand Creek Road East, CIP Project No. 336-3061 and direct the City Clerk to file a Notice of Completion with the County Recorder. (B. Grewal/P. Eldredge)

20. Approved the City of Brentwood Commissioner Handbook for distribution to all current and future appointees to all City Commissions. (D. Landeros/K. Chew/C. Bronzan/H. Sword)

CONSENT CALENDAR ACTIONS

Motion: Approve Consent Calendar Items 1, 5 - 8, 11-18, 20 as recommended.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

2. Adopt a Resolution approving a professional services agreement with Scott Runion for the public art element for the Granville Estates project by D.R. Horton, Subdivision #8724 and authorizing the City Manager to sign said agreement. (C. Bronzan/R. Burr-Siegel)

Motion: Approve waiving full reading and adopting Resolution No 2005-123 approving a professional services agreement with Scott Runion for the public art element for the Granville Estates project by D.R. Horton, Subdivision #8724 and authorizing the City Manager to sign said agreement as recommended.
Moved by Taylor, seconded by Beckstrand.
Vote: Motion carried 3-0.
Yes: Beckstrand; Gutierrez; Taylor
Abstain: Swisher
Vacancy: One.

3. Authorize the City Manager to enter into professional services agreement with Freedman Tung and Bottomley to (1) bifurcate the completion of the Downtown Specific Plan from the completion of the Brentwood Boulevard Corridor Specific Plan, (2) to eliminate the preparation of a Specific Plan for Empire Triangle, and (3) to add the Special Planning Area B to the Brentwood Boulevard Corridor Specific Plan in an amount not to exceed $53,725 plus 10% contingency, for Capital Improvement Project #337-3200. (H. Sword/G. Rozenski)

Councilmember Gutierrez asked to add a list of deadlines and an appendix of dates that coincided with the environmental impact report.

Councilmember Beckstrand agreed with those concerns.

Mayor Swisher asked to add liquidated damages.

Motion: Approve authorizing the City Manager to enter into a professional services agreement with Freedman Tung and Bottomley to (1) bifurcate the completion of the Downtown Specific Plan from the completion of the Brentwood Boulevard Corridor Specific Plan, (2) to eliminate the preparation of a Specific Plan for Empire Triangle, and (3) to add the Special Planning Area B to the Brentwood Boulevard Corridor Specific Plan in an amount not to exceed $53,725 plus 10% contingency with deadlines and a clause for liquidated damages for Capital Improvement Project #337-3200 as recommended.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

4. Adopt a Resolution approving an Affordable Housing Agreement between the City of Brentwood and Ashford Park II Investors, LLC for Subdivision 8763, Ashford Park II, located at the corner of Apricot Way and Montclair Place. (H. Sword/K. Reed)

Redevelopment Manager, Gina Rozenski, presented a staff report.

Housing Analyst, Kwame Reed, said that the budget may need to be approved first and he was working diligently on a First Time Homebuyers Program and would take it to the next Housing Subcommittee meeting on June 2, 2005.

Motion: Approve waiving full reading and adopting Resolution No 2005-124 approving an Affordable Housing Agreement between the City of Brentwood and Ashford Park II Investors, LLC for Subdivision 8763, Ashford Park II, located at the corner of Apricot Way and Montclair Place as recommended.
Moved by Gutierrez, seconded by Beckstrand.
Vote: Motion carried 3-0.
Yes: Beckstrand; Gutierrez; Taylor
Abstain: Swisher
Vacancy: One.

9. Adopt a Resolution authorizing the City Manager to execute contract amendments with Mark Thomas & Company, Inc., and Top Grade Construction, Inc., for the Sand Creek Road East, CIP Project No. 336-3061. (B. Grewal/P. Eldredge)

Motion: Approve waiving full reading and adopting Resolution No 2005-125 authorizing the City Manager to execute contract amendments with Mark Thomas & Company, Inc., and Top Grade Construction, Inc., for the Sand Creek Road East, CIP Project No. 336-3061 as recommended.
Moved by Gutierrez, seconded by Taylor.
Vote: Motion carried 3-0.
Yes: Gutierrez; Swisher; Taylor
Abstain: Beckstrand
Vacancy: One.

10. Approve the recommendation for Youth Commissioners and Adult Advisors. (C. Bronzan/T. Burt)

Motion: Approve the recommendation for Youth Commissioners Taylor Brinkman - 2 year re-appointment, Mickell Escobar - 2 year re-appointment, Leah Hocking - 2 year re-appointment, Belinda Ordaz - 2 year re-appointment, Brianna Swisher - 2 year re-appointment, Belen Sidhu - 1 year appointment, Sarah Simmons - 1 year appointment, and Matt Strauss - 2 year appointment and Adult Advisor Clay McNamara - 1 year appointment as recommended.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

19. Adopt a Resolution accepting the work performed by Top Grade Construction Co. Inc., for the Sand Creek Road East, CIP Project No. 336-3061 and direct the City Clerk to file a Notice of Completion with the County Recorder. (B. Grewal/P. Eldredge)

Motion: Approve waiving full reading and adopting Resolution No 2005-126 accepting the work performed by Top Grade Construction Co. Inc., for the Sand Creek Road East, CIP Project No. 336-3061 and direct the City Clerk to file a Notice of Completion with the County Recorder as recommended.
Moved by Gutierrez, seconded by Taylor.
Vote: Motion carried 3-0.
Yes: Gutierrez; Swisher; Taylor
Abstain: Beckstrand
Vacancy: One.

PUBLIC HEARINGS (07:32 PM)

21. STAFF TO READVERTISE PUBLIC HEARING FOR JUNE 14, 2005 - Introduce and waive the first reading of an ordinance amending Planned Development 18 (PD-18) to reduce required setbacks and minimum lot size, and allowing a drive-thru coffee use as a conditionally permitted use within the neighborhood commercial area in this zone. This property is generally located north of Balfour Road and west of West Country Club Drive. (H. Sword/D. Hill)

Motion: Approve readvertisement of the public hearing for June 14, 2005 as recommended by staff.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

22. STAFF TO READVERTISE PUBLIC HEARING FOR JUNE 14, 2005 - Consideration of an appeal of the Planning Commission decision to deny the General Plan Amendment and Rezone for the Bridle Gate project, located west of the State Route 4 Bypass, on both sides of the Sand Creek Road extension. (H. Sword/E. Nolthenius)

Motion: Approve readvertisement of the public hearing for June 14, 2005 as recommended by staff.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

23. STAFF TO READVERTISE PUBLIC HEARING FOR JUNE 14, 2005 A General Plan Amendment (GPA 05-01) and Rezone to change approximately 27.9 acres in the vicinity of Smith Road, generally located between O'Hara Avenue and Tilton Lane south of Lone Tree Way (APN 018-100-007, 018-100-025, 018-100-026, 018-100-029, 018-100-030, 018-100-033, and 018-100-034) from a General Plan designation of Ranchette Estate to Very Low Density and Low Density Residential and a related rezoning request (RZ 05-02) to change approximately 23.3 acres from the Ranchette Estate (RE) Zone to Single Family Residential Estate Zone (R-1-E) and change approximately 4.6 acres from the Ranchette Estate (RE) Zone to Single Family Residential Zone (R-1-10). A negative declaration has been prepared for this project in accordance with the California Environmental Quality Act. (H. Sword, W. Rhodes)

Motion: Approve readvertisement of the public hearing for June 14, 2005 as recommended by staff.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

OLD BUSINESS (07:33 PM)

24. Authorized staff to release permits to the Deer Ridge Home Builders due to real progress toward completion of subdivision improvements. (H. Sword/R. Kidwell)

Motion: Approve continuance to June 14, 2005
Moved by Beckstrand, no second required.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

25. Adopt a Resolution approving the Cooperative Agreement No. 4-1885-C between the State Route 4 Bypass Authority, State of California, County of Contra Costa, City of Antioch, City of Brentwood and the City of Oakley. (B. Grewal/P. Eldredge)

City Engineer, Bailey Grewal, presented a staff report.

Motion: Approve waiving full reading and adopting Resolution No 2005-127 approving the Cooperative Agreement No. 4-1885-C between the State Route 4 Bypass Authority, State of California, County of Contra Costa, City of Antioch, City of Brentwood and the City of Oakley as recommended.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

NEW BUSINESS (07:44 PM)

26. Presentation from the Citizen's Advisory Committee regarding Community Facilities (D. Landeros/K. Chew/C. Bronzan)

Dirk Zeigler spoke regarding the types of community facilities that were needed, what facilities were needed in ten to fifteen years and what types of opportunities for collaboration there were for the City. He asked for Council feedback.

Council Member Gutierrez said that the Phase II coincided with the downtown specific plan, and the items listed coincided with goal setting.

Mayor Swisher asked if there was something missing or something that needed to be on the list.

Councilmember Beckstrand said that the community facility group had done an excellent job and she asked to prioritize when this returned to Council.

Barbara Guise spoke about social services and the facility at Sand Creek and that health services had moved from downtown to Sand Creek.

Dirk Ziegler said it was about maximizing dollars and obtaining joint funding.

Councilmember Taylor said that the downtown specific plan was a priority and that the City needed to communicate with the schools districts.

Council Members asked that phase II return in approximately six months.

27. Consider a request from the Wheelchair Foundation for City sponsorship in the Fourth Annual golf tournament to be held August 15, 2005 at the Brentwood Country Club. (D. Landeros)

City Manager, Donna Landeros, presented a staff report noting this was the first request received and she asked if Council wished to fund the request and if Council would direct staff to arrange future requests in a priority.

Mayor Swisher said that this was the first time for this specific request he said that business license grants should not be on the list since it had been set up through the new business license program and was not a contribution to an organization and was a policy that Council had set up.

City Manager, Donna Landeros, said that it was still a contribution funded through the business license program.

Director of Finance & Information Systems, Pam Ehler, said the policy was set up through the Ordinance for 20 percent of a business license fee to go to the grant because it is a policy, this was the first time for a list which gave an overall picture and Finance was working on a fee waiver item.

Councilmember Beckstrand noted "A Day In The Park" was a City function, and it still had a fee waiver.

Councilmember Gutierrez informed that there was not a committee to assess or evaluate the request and other grants and fee waivers could be placed in different categories.

Mayor Swisher said that a subcommittee was going in that direction and he asked how much would be applied to a certain category and was it a fee or service. Village Resouce Center was already committed and was Council going to set a dollar amount to each committee.

Councilmember Gutierrez said that there were many other requests that there would not be time for.

Mayor Swisher asked that staff bring back to Council a policy and direction of how the requests would be handled in the future.

City Manager, Donna Landeros, said that they were are all worthy projects and a subcommittee could be formed to include the City Manager, Assistant City Manager, Karen Chew, Finance & Information Systems Director, Pam Ehler, Parks & Recreation Director, Craig Bronzan, and two Councilmembers Swisher and Beckstrand.

Councilmember Taylor asked to set a policy noting that there were a lot of organizations that needed help. The Council could not contribute to everything but could contribute to some. He said he was in favor of a committee to review requests and that all the requests should go to the committee and not the Council.

Motion: Approve continuation of the item and the formation of a committee comprised of the City Manager, Assistant City Manager, Finance & Information Systems Director, Parks & Recreation Director and two Councilmembers.
Moved by Gutierrez, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

28. Presentation by City Certified Public Accountant auditing firm. (P. Ehler)

AJ Major of Vavrinek, Trine, Day & Co. LLP presented the description of services to Council.

INFORMATIONAL REPORTS FROM STAFF - No action required (08:35 PM)

29. Informational Report on Subdivision No. 8789, S & S Farms Phase II, developed by Lennar Communities, located south of Grant Street, east of the Union Pacific Railroad, north of Sand Creek Road and west of Brentwood Boulevard; Final Map. (K. Chew/C. Garcia)

30. Informational Report on Subdivision No. 8832, S & S Farms Phase III, developed by Lennar Communities, located south of Grant Street, east of the Union Pacific Railroad, north of Sand Creek Road and west of Brentwood Boulevard; Final Map. (K. Chew/C. Garcia)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (08:35 PM)

Councilmember Taylor announced his attendance at a ribbon cutting at the City of Oakley's new city hall and their farmer's market.

REQUESTS FOR FUTURE AGENDA ITEMS - None (08:37 PM)

ADJOURNMENT (08:37 PM)

Motion: Adjourn
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