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CITY OF BRENTWOOD
CITY COUNCIL MEETING MINUTES
JUNE 14, 2005
COUNCIL CHAMBER

CALL TO ORDER CITY COUNCIL

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

WORKSHOP

Granicus Voting System Training (C. Garcia)

ADJOURN TO CLOSED SESSION - 150 City Park Way, City Hall Conference Room (6:01 PM)

Adjourn to closed session pursuant to Gov't Code 54957.6:
Public Employment -- Title: City Attorney

RECONVENE IN OPEN SESSION - 150 City Park Way, City Council Chamber (7:01 PM)

PRESENTATIONS (07:04 PM)

A. Presentation from MIG regarding eBART.

Ellen Smith from BART presented an overview of the eBART Ridership Development Plan MOU.

B. New Employee Introduction and Oath of Allegiance

Chief of Police, Michael Davies, introducing Lori Jiminez.

C. Year-In-Review of the Youth Commission. (Tom Burt)

Elisabeth Cruz, Ashley Clare and Cynthia Fredenberg presented 2004/05 year end review.

AGENDA REVIEW - None (07:29 PM)

CITIZEN COMMENTS (07:29 PM)

Paul Radliff spoke about weeds in his neighborhood being a major fire hazard and that removal once a year was not enough. He expressed concerns about a Meagan's Law person moving into his neighborhood.

Steve Froberg spoke about Arbor Ridge at Lone Tree and Shady Willow with regard to the conversion of apartments to condominiums, and asked that this be placed on the agenda.

Director of Community Development Howard Sword said that Council directed staff to look into a zoning amendment and parking requirements would be discussed with that conversion. Considerations for parking may come forward soon and staff would look into the condominium ordinance at the same time.

CONSENT CALENDAR (07:37 PM)

1. Approved Minutes of May 24, 2005 and special meeting held May 31, 2005. (K. Chew/C. Garcia)

2. Adopted Resolution No. 2005-128 approving and adopting the 2005-06 Prop. 4 Appropriation Limit. (P. Ehler/D. Alessio)

3. Adopted Resolution No. 2005-129 amending Council Policy 10-4, City of Brentwood Investment Policy (P. Ehler/G. Leech)

4. Adopted Resolution No. 2005-130 approving renewal of the City?s contract with PFM Asset Management, LLC (P. Ehler/G. Leech)

5. Waived first reading and introduced an Ordinance amending Chapter 5.24 of the Brentwood Municipal Code relating to Cable Television Franchise. (K. Chew/C. Garcia)

6. Approved Implemention Settlement Agreement between the City of Brentwood and The Center at Slatten Ranch, LLC, and approve: (1) execution of escrow instructions; and (2) payment of settlement amount to The Center at Slatten Ranch, LLC in lieu of the City of Antioch. (T. Curry)

7. Adopted Resolution No. 2005-131 to approve the execution of a Joint Exercise of Powers Agreement between the City of Brentwood and the State Route 4 Bypass Authority for the design and construction of Marsh Creek Trail under the Highway 4 Bypass Segment 3 as it crosses Marsh Creek. (C. Bronzan/B. Grewal/L. Vargas)

8. PULLED FOR DISCUSSION - Adopt a Resolution approving a Reimbursement Agreement with Centex Homes, Subdivision Map No. 8663, located west of Fairview Avenue and south of Grant Street, consisting of 59 lots, for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

9. Adopted Resolution No. 2005-132 authorizing the City Manager to execute a contract amendment with Electronic Tech Corporation (ETC), for additional security equipment, in the amount of $29,297.51, plus a 10% contingency, for the New Police Station, CIP Project No. 337-3142 and the City Data Center, CIP Project No. 337-3709. (K. Chew/Lt. K. King/M. Huber)

10. Adopted Resolution No. 2005-133 authorizing the City Manager to execute an amendment to the current professional services agreement of $150,000 with McDonough, Holland & Allen to an amount not to exceed $490,000 for Interim City Attorney Services through August 2005. (D. Landeros/Y. Toland)

11. Rejected the claim of Venus Jones presented by State Farm Insurance. (K. Chew)

12. Adopted Resolution No. 2005-134 authorizing the City Manager to execute the revised professional services agreement with Harris & Associates for design services for the 2004/05 Pavement Management Program, CIP Project No. 336-3083 in an amount not to exceed $79,285 plus a 10% contingency. (P. Zolfarelli/J. Gallegos)

13. Adopted Resolution No. 2005-135 authorizing the City Manager to execute a contract amendment to extend the date and scope of work for Robertson-Bryan, Inc., to continue to assist the Wastewater Division in conducting a temperature study and assisting in obtaining an NPDES permit renewal for the plant. (P. Zolfarelli/D. Stoops)

14. Adopted Resolution No. 2005-136 authorizing the City Manager to execute Amendment Two to the Professional Services Agreement with William J. Silva, P.E. to provide Transportation Engineering Services including: plan check, construction inspection, public services for transportation issues, etc., on an as-needed basis in an amount not to exceed $50,000, through December 31, 2005. (B. Grewal/B. Scott)

15. Adopted Resolution No. 2005-137 approving a Memorandum of Understanding between the California Department of Parks and Recreation and the City of Brentwood regarding the development and use of John Marsh House/Cowell Ranch State Park and authorizing the City Manager to sign the MOU. (C. Bronzan)

16. Approved re-appointment of Kiko Ceja, Adult Advisor to the Youth Commission. (C. Bronzan/P. Scherff/T. Burt)

CONSENT CALENDAR ACTIONS

Motion: Approve Consent Calendar Items 1-7, 9-16 as recommended.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

8. Adopt a Resolution approving a Reimbursement Agreement with Centex Homes, Subdivision Map No. 8663, located west of Fairview Avenue and south of Grant Street, consisting of 59 lots, for costs associated with Master Plan Facility Improvements.

Motion: Approve waiving full reading and adopting Resolution No. 2005-138 approving a Reimbursement Agreement with Centex Homes, Subdivision Map No. 8663, located west of Fairview Avenue and south of Grant Street, consisting of 59 lots, for costs associated with Master Plan Facility Improvements.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 3-0.
Yes: Beckstrand; Gutierrez; Taylor
Abstain: Swisher
Vacancy: One.

PUBLIC HEARINGS (07:40 PM)

17. Consider a Resolution approving the Final Engineers Reports and confirming the formation and annexations within the Consolidated Landscape & Lighting Assessment Districts & Citywide Park Maintenance District No. 98-1 to levy assessments for the Mid Year of Fiscal Year 2005/06. (B. Grewal/D. Galey)

Engineering Specialist, Debra Galey, presented a staff report.

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; Swisher; Taylor
Vacancy: One.

Council moved to Item 18 while assessment ballots were being counted.

18. Consideration of a Resolution making findings required by Health and Safety Code Section 33445 relating to the Redevelopment Agency of the City of Brentwood funding a portion of the construction costs of a Police Facility, Capital Improvement Project #337-3142. (H. Sword/G. Rozenski)

Redevelopment Manager, Gina Rozenski, presented a staff report.

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

Motion: Approve waiving full reading and adopting Resolution No. 2005-139 making findings required by Health and Safety Code Section 33445 relating to the Redevelopment Agency of the City of Brentwood funding a portion of the construction costs of a Police Facility, Capital Improvement Project #337-3142.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

17. Consideration of a Resolution approving the Final Engineer's Reports and confirming the formation and annexations within the Consolidated Landscape & Lighting Assessment Districts & Citywide Park Maintenance District No. 98-1 to levy assessments for the Mid Year of Fiscal Year 2005/06. (B. Grewal/D. Galey)

Engineering Specialist, Debra Galey, reported on election results, noting that all ballots were yes votes.

Motion: Approve Resolution No. 2005-140 approving the Final Engineer's Reports and confirming the formation and annexations within the Consolidated Landscape & Lighting Assessment Districts & Citywide Park Maintenance District No. 98-1 to levy assessments for the Mid Year of Fiscal Year 2005/06 as recommended.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

19. Adopted Resolution Nos. 2005-141 and 2005-142 renewing the Annual Sewer and Water Service Standby Charges on Vacant Parcels of Land within the City Limits. (B. Grewal/D. Galey)

Engineering Specialist, Debra Galey, presented a staff report.

Karen Rogge asked what the fees would be.

Engineering Specialist, Debra Galey, stated the fees would be $60 for water and $80 for sewer and that the Government Code sets the maximum amount.

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

Motion: Approve waiving full reading and adopting Resolution Nos 2005-141 and 2005-142 for renewing the Annual Sewer and Water Service Standby Charges on Vacant Parcels of Land within the City Limits.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

20. Adopted Resolution No 2005-143 adopting the 2005/06 - 2006/07 Operating Budget for the City of Brentwood. (P. Ehler/K. Breen)

Director of Finance and Information Systems, Pam Ehler, presented a staff report.

Mayor Swisher opened the public hearing.

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. 2005-143 adopting the 2005/06 - 2006/07 Operating Budget for the City of Brentwood.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

21. Consideration 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)

Associate Planner, Debbie Hill, presented a staff report.

Mayor Swisher opened the public hearing.

Jeff Klause commented that having the change would be a detriment to the current development with traffic, noise and pollution.

Kevin Burnett stated that the City of Newark had worked for years with the same issue and he asked for consideration.

Lisa Pinguelo stated that the Planning Commission spoke about Walgreens and other drive-throughs, noting it would be excess.

Brian Dawson said the adjacent neighbors were positive and this was zoned commercial before homes in Shadow Lakes were built. In speaking with the schools, there was a choice to eliminate what would have been fast food. He said he believed that a drive through would not have back up issues and there would be plenty of parking.

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

Council Member Gutierrez would not be in favor of a drive-through for coffee until there were more roads in the area at Balfour Road and American Avenue.

Council Member Taylor said he felt it would be a mess.

Mayor Swisher said he believed that the uses would be nice in the area as well as the commercial center and residents could walk and get morning coffee.

Council Member Beckstrand said she believed that there would be people in and out of Country Club Drive.

Associate Planner, Debbie Hill, said if Council would not allow the use, staff could reconfigure the parking lot. A drive-through use would require conditional use permit by the Planning Commission and there could be a date to address any parking or traffic issues and could be added as a condition of approval.

Motion: Waive full reading and introduce 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.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion failed 2-2.
Yes: Beckstrand; Swisher
No: Gutierrez; Taylor
Vacancy: One.

22. Consideration of a Resolution approving a General Plan Amendment to change the Land Use Designation of approximately 27.9 acres from Ranchette Estate to Very Low Density Residential and consideration of an Ordinance for a related rezoning request 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). This property is generally located between O'Hara Avenue and Tilton Lane south of Lone Tree Way. (H. Sword/W. Rhodes)

Senior Planner, Winston Rhodes, presented a staff report.

Mayor Swisher opened the public hearing.

Don Babbit, President of Passport Homes, spoke in support of the project.

Vincent Cunhia spoke in support of the project.

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 2005-144 approving a General Plan Amendment to change the Land Use Designation of approximately 27.9 acres from Ranchette Estate to Very Low Density Residential waiving full reading and introducing Ordinance No. 802 for a related rezoning request 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). This property is generally located between O?Hara Avenue and Tilton Lane south of Lone Tree Way.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

23. Considered 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)

Mayor Swisher declared a conflict and left the Council Chamber.

At 8:35 p.m. the City Council recessed.

At 8:42 p.m. the City Council reconvened with Mayor Swisher absent due to a conflict.

Senior Planner, Erik Nolthenius, presented a staff report.

Vice Mayor Gutierrez opened the public hearing.

Salvatore Avila, Discovery Homes, said he felt that Discovery Builders was meeting the open space requirements and had worked on architecture and other issues.

Dana Jung spoke about the housing project, noting that the prominent hill was for open space or large single family lots and he had worked to address concerns.

Ralph Strauss said that there were 16 different home plans and there were large estate homes.

Dick Sestero said that the development would create jobs and sales tax and three parks had been proposed with almost one mile of trails through the project. He said he committed to do an affordable housing site along the Bypass.

John Sechser, Colliers International, showed that there would be 35-acres of design that would incorporate a life-style that was not incorporated in the City as of yet as well as tenants and uses. It could attract a Whole Foods or Trader Joe's, and he wanted to create a village use.

Joan Douglas urged Council to deny the Bridal Gate project noting it was not the best for the site. It would take a part of the hill, which was to be protected and was important to maintain the visual prominence of open space. Once the hills were gone, they were gone forever. The general plan was clear that this was an important feature that needed to be protected and enhanced. She asked that Discovery Builders bring back a better design and that Council uphold Planning Commission denial of the project.
Karen Rogge spoke noting that there were 58 acres of retail and business park, which was reduced to 38 acres. She asked about combining nine acres, moving Sand Creek and adding higher density housing across from the commercial area to balance jobs to housing ratio. A pre-fab wall would not match the other walls and she was concerned about cutting the hillside. She said she believed that the project should be changed so that it was closer to the SPA E area.

Ron Enos informed that 130 acres were unusable in that area, with 36 acres for commercial and the project was important to open up Sand Creek Road.

Jeff Klause asked how traffic would be impacted in Shadow Lakes and said that high quality restaurants were needed in the area.

Kay Ruesen said she believed that the project was not worth the sacrifice of the hill.

Albert Seeno explained how they would grade the hill and the backdrop. The open space was behind the project area and there would not be any houses in that area and there would be hills. He asked for a continuance to make modifications to the project.

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

Council Member Beckstrand spoke about design standards for the site and the intersection at Sand Creek Road. She said she was concerned about the pre-fab wall and said there needed to be a masonry wall. She commented about the trail under the Bypass and asked about accommodating a full pedestrian trail and an overcrossing.

Council Member Taylor asked for the project to go back to Planning Commission.

Interim City Attorney, Tom Curry, said that the appeal could be denied without prejudice and the project could go back to Planning Commission to be reworked.

Council Member Gutierrez said that the project was important and that the City needed to strive to make it the best it could be.

Director of Community Development, Howard Sword, said if the project was referred back to Planning Commission, staff needed to do a physical constraint analysis.

Motion: Approve the appeal for the Bridal Gate project.
Moved by Beckstrand. The motion did not receive a second.
Motion failed for lack of second.

Council Member Gutierrez asked to stay consistent with Planning Commission and it needed to go back.

Motion: Approve referring back to Planning Commission for additional consideration 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.
Moved by Gutierrez, seconded by Taylor.
Vote: Motion carried 2-1.
Yes: Gutierrez; Taylor
No: Beckstrand
Abstain: Swisher
Vacancy: One.

Mayor Swisher returned to the Council Chamber at 9:51 p.m.

24. Consider a Resolution certifying the Environmental Impact Report for the Surface Water Treatment Facility Phase II, CIP Project No. 562-5629. (B. Grewal/P. Eldredge)

Assistant City Engineer, Paul Eldredge, presented a staff report.

Mayor Swisher opened the public hearing.

Karen Rogge said this was a positive effort and she read her correspondence into the record.

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

Motion: Approve waiving full reading and adopting Resolution No 2005-145 certifying the Environmental Impact Report for the Surface Water Treatment Facility Phase II, CIP Project No. 562-5629.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

OLD BUSINESS (09:55 PM)

25. Approved the concept design for the Veterans element at the Veterans Park as recommended by the Park and Recreation Commission. (C. Bronzan/J. Hansen/E. Rodrigues)

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

Phil Abey, of Abey Arnold Associates, presented an overview of the elements.

Ernie Rodrigues said that hard work had been done and he thanked Council for Veterans Park, explaining that he would raise $160,000 for the project.

Motion: Approve the concept design for the Veterans element at the Veterans Park as recommended by the Park and Recreation Commission.
Moved by Taylor, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

NEW BUSINESS (10:00 PM)

26. Considered a request from the Brentwood Agricultural Land Trust for City Funds. (D. Landeros/P. Ehler/H. Sword)

City Manager, Donna Landeros, presented a staff report.

Kathryn Lyddan, Executive Director of BALT, spoke regarding BALT's accomplishments.

Motion: Approve the request from the Brentwood Agricultural Land Trust for City Funds.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

INFORMATIONAL REPORTS FROM STAFF - No action required (10:03 PM)

27. Informational Report on Subdivision No. 8671, Sand Creek Business Park, developed by CP Management, LLC, located west of Brentwood Boulevard, south of Sand Creek Road and east of Business Center Drive; Final Map Approval. (K. Chew/C. Garcia)

28. Update on developer progress at Deer Ridge Subdivision. (H. Sword/R. Kidwell)

Randy Kidwell presented an update to Council.

Mayor Swisher asked for plans for the railing and designs to be submitted and asked that the item return in two weeks.

City Engineer, Bailey Grewal, said that more details would be brought next time.

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (10:03 PM)

REQUESTS FOR FUTURE AGENDA ITEMS (10:09 PM)

Council Member Taylor requested an offsite meeting and mentioned Summerset I. Staff to coordinate a meeting in the fall.

ADJOURNMENT (10:12 PM)

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

At 10:20 PM, City Council reconvened in open session.

At 10:21 PM, City Council adjourned to Closed Session pursuant to Gov't Code 54957.6: Public Employment - Title: City Attorney.

At 10:28 PM, City Council reconvened in open session with all Council Members present and one vacancy.

Mayor Swisher said there was nothing to report.

ADJOURNMENT

Motion: Approve adjournment.
Moved by Swisher, seconded by Beckstrand.

Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

Respectfully Submitted,

Cynthia Garcia, CMC
Interim City Clerk

 

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