CITY OF BRENTWOOD
CITY COUNCIL MEETING MINUTES
JUNE 28, 2005
COUNCIL CHAMBER

CALL TO ORDER (6:48 PM)

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

WORKSHOP (6:49 PM)

Presentation of the Surface Water Treatment Facility - Phase II. (B. Grewal/P. Eldredge)

At 6:54 p.m. the City Council recessed.

RECONVENED (07:04 PM)

ELECTION RESULTS (07:05 PM)

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

Received from the Contra Costa County Registration - Election Department the official canvass of the Special Municipal Election held June 7, 2005, and adopt a Resolution declaring results of the election. (K. Chew/C. Garcia)

Motion: Approve election results received from the Contra Costa County Registration - Election Department the official canvass of the Special Municipal Election held June 7, 2005, and adopt a Resolution declaring results of the election.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One

CEREMONIAL MATTER (07:06 PM)

Oath of Office and installation of newly elected Council Member, Robert A. Brockman, to fill the term ending in 2008.

ROLL CALL

Roll Call
Present: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

PRESENTATIONS (07:11 PM)

A. Proclamation recognizing July as Recreation & Parks Month.

Tom Jones accepted the proclamation.

B. Recognizing members of "Oldies But Goodies".

The following Oldies But Goodies were present to accept: Hermie Raswy; John Keir; Leonora Boehm; Lynda Oliver; Ida Siegel; Christine Sherwood; Rose Bandong; Pearline Kinchen; Mary Lopez; Pearline Kinchen; Mary Homan.

C. Recognizing Youth Commissioners for years of service.

Elizabeth Cruz and Cynthia Fredenberg.

D. Presentation to recipients of the 2005 Youth Commission Scholarships.

Vanessa Pridmore and Moeen Koya accepted the proclamations.

E. Maintenance Superintendents Association Employee of the Year Award.


Paul Zolfarelli and Jim Gallegos presented the award to Randy Frizzell, Sweeper Operator.

AGENDA REVIEW (07:27 PM)

ITEM 6 Award certificate attached.

ITEM 22 Revised staff report and Resolution to reflect the grant application in the amount of $308,000.

Motion: Approve agenda review.
Moved by Beckstrand, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

CITIZEN COMMENTS (07:28 PM)

Mary Lopez invited Council Members and staff to visit the Senior Center, noting that they needed help financially and needed a community center. She asked that Council keep an eye on the spending.

Shelly McMahon spoke regarding Cornfest.

Barbara Guise spoke with regard to the Farmer's Market which averaged 17 vendors per week. There had been 1,750 participants, merchants were happy since Second Street was not closed and people were staying longer than last year. The Chamber of Commerce would allow food vendors that were Chamber members to sell food. She also noted that the Tri Delta Transit 200 bus, which traveled to Martinez and the Veteran's Clinic, was in jeopardy and said she hoped that the Board of Supervisors would continue to fund it.

Kay Roosen presented an overhead regarding property located off of the Highway 4 Bypass, noting that it was the last open piece of land in the City. The business park was scheduled to be built there and there were other places it could be built. She suggested that a park be placed on the property and asked that it be preserved and stay open for picnic tables, trails and possibly include a lake. It was an opportunity to preserve something beautiful and she urged Council to keep the open space.

CONSENT CALENDAR (07:37 PM)

1. PULLED FOR DISCUSSION - Approve Minutes of June 14, 2005 and special meeting held June 11, 2005. (K. Chew/C. Garcia)

2. Waived first reading and introduced Ordinance No. 803 amending Chapter 5.04 of the Code relating to Business Licenses, Taxes and Regulations as it pertains to Business License. (K. Chew/G. Leech).

3. Adopted Resolution No. 2005-147 to award Business License Tax Grant Monies. (K. Chew/G. Leech)

4. Adopted Resolution No. 2005-148 accepting the work performed by DeNova Homes, for the Sunset Road Realignment, CIP Project No. 336-3012, and direct the City Clerk to file a Notice of Completion with the County Recorder. (B. Grewal/B. Bornstein)

5. Adopted Resolution No. 2005-149 authorizing the City Manager to execute an amendment to the current professional services agreement of $40,000 with McDonough Holland Allen to an amount not to exceed $80,000 for housing related projects for Fiscal Year 2004/2005. (H. Sword/E. Bonneville)

6. PULLED FOR DISCUSSION - Accept the recognition given to the City of Brentwood from the Northern California Chapter of the American Public Works Association for a 2005 Distinguished Project Award - Parks and Recreation, for Sunset Sports Athletic Complex. (C. Bronzan)

7. Adopted Resolution No. 2005-150 approving the Purchase Agreement with Lions Club of Brentwood, for a portion of real property generally located on the east side of Walnut Boulevard between Oak Street and Balfour Road for the Walnut Boulevard Widening, CIP Project No. 336-3056. (B. Grewal/M. Sullivan)

8. Adopted Resolution No. 2005-151 approving Temporary Use Permit No. 05-08 to allow for the use of City right-of-way for the staging of the annual CornFest sponsored by the Brentwood Chamber of Commerce for three days, beginning at 5:00 p.m. on Friday, July 8th and ending at 6:30 p.m. on Sunday July 10th, and authorizing a $10,000 credit toward the cost of police and public services for the event. (H. Sword/T. Nielsen)

9. Approved an amendment to an existing Contract for Professional Services and authorize the City Manager to execute a Change Order increasing the Purchase Order to an amount not to exceed $55,000 for CBIZ Marketing Services Group. (H. Sword/D. Porter)

10. Adopted Resolution No. 2005-152 authorizing the City Manager to execute an agreement for providing professional plan check services to the City on an as-needed basis from Harris & Associates in an amount not to exceed $185,000, plus a 10% contingency, through June 30, 2006. (B. Grewal/E. Kim/J. Ward)

11. PULLED FOR DISCUSSION - Adopt a Resolution approving a Reimbursement Agreement with The Mark Pringle Company, LLC, Subdivision Map No. 8763, located at the southeast corner of Apricot Way and Montclair Place, consisting of 11 new lots, for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

12. Adopted Resolution No. 2005-153 approving the Purchase Agreement with Joan Lehmann, for a portion of real property generally located south of Indiana Avenue and on the west side of Walnut Boulevard for the Walnut Boulevard Widening, CIP Project No. 336-3056. (B. Grewal/M. Sullivan)

13. PULLED FOR DISCUSSION - Adopt a Resolution accepting Improvements for Inverness at Brentwood Lake, Brookfield Homes Unit 9, Subdivision No. 8375, located north of Balfour Road and west of East Country Club Drive. (B. Grewal/D. Galey)

14. Adopted Resolution No. 2005-154 authorizing the City Manager to execute a change order in an amount not to exceed $14,000 for Wilson Way Tire. (P. Zolfarelli/S. Dempsey)

15. PULLED FOR DISCUSSION - Adopt a Resolution to amend Budget and Fiscal Policies No. 10-5. (P. Ehler/D. Davies)

16. Adopted Resolution No. 2005-155 authorizing the City Manager to execute a Professional Services Agreement with Abey Arnold Associates for general landscape architectural services for 2005/06, in an amount not to exceed $40, 000. (C. Bronzan/J. Hansen)

17. Adopted Resolution No. 2005-156 approving the renewal of a parking lot lease with the Gill E. F. Trust, for the Second Street Parking Lot and amending the 2005/06 - 2006/07 Operating Budget to reflect the changes. (B. Grewal/M. Sullivan)

18. Adopted Resolution No. 2005-157 approving the contract documents and award the construction contract for Sarah Street Water Distribution System Improvements, CIP Project No. 562-5635. (P. Zolfarelli/C. Ehlers)

19. PULLED FOR DISCUSSION - Adopt a Resolution approving a program honoring military men and women in the City of Brentwood. (K. Chew/C. Garcia)

20. PULLED FOR DISCUSSION - Adopt a Resolution approving the Final Preliminary Design Report for the Surface Water Treatment Facility - Phase II, CIP Project No. 562-5629 and authorize staff to proceed with the project. (B. Grewal/P. Eldredge)

21. Adopted Resolution No. 2005-158 approving a contract amendment with Raines, Melton & Carella, Inc. (RMC) in the amount of $180,948.20, plus a 10% contingency for the Surface Water Treatment Facility - Phase I, CIP Project No. 562-5629. (B. Grewal/P. Eldredge)

22. Adopted Resolution No. 2005-159 authorizing the submittal of a grant application in the amount of $308,000 to the State Department of Transportation (Caltrans) for the 2005/06 Safe Routes to School (SR2S) Program, Sixth Cycle for funding of the Second Street/Pine Street Traffic Signal project, no CIP number assigned. (B. Grewal/K. Wahl)

23. Waived second reading and adopted Ordinance No. 802 to rezone approximately 28 acres from Ranchette Estate (RE) to Single Family Residential Estate (R-1-E) and Single Family Residential (R-1-10) on property generally located between O'Hara Avenue and Tilton Lane south of Lone Tree Way. (H. Sword/W. Rhodes)

24. Adopted Resolution No. 2005-160 approving contract term amendments for design and professional service agreements. (B. Grewal/L. Sanders)

25. Waived second reading and adopted Ordinance No. 801 amending Chapter 5.24 of the Brentwood Municipal Code relating to Cable Television Franchise. (D. Landeros/C. Garcia)

26. PULLED FOR DISCUSSION - Adopt City Council Two Year Action Plan (Vision and Strategy). (D. Landeros)

CONSENT CALENDAR ACTIONS

Motion: Approve Consent Calendar Items 2-5, 7-10, 12, 14, 16-18, 21-25 as recommended.
Moved by Gutierrez, seconded by Taylor.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

1. Approve minutes of June 14, 2005 and special meeting held June 11, 2005. (K. Chew/C. Garcia)

Motion: Approve minutes of June 14, 2005 and special meeting held June 11, 2005.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Abstain: Brockman

6. Accept the recognition given to the City of Brentwood from the Northern California Chapter of the American Public Works Association for a 2005 Distinguished Project Award - Parks and Recreation, for Sunset Sports Athletic Complex. (C. Bronzan)

Motion: Approve acceptance of the recognition given to the City of Brentwood from the Northern California Chapter of the American Public Works Association for a 2005 Distinguished Project Award - Parks and Recreation, for Sunset Sports Athletic Complex.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

11. Adopt a Resolution approving a Reimbursement Agreement with The Mark Pringle Company, LLC, Subdivision Map No. 8763, located at the southeast corner of Apricot Way and Montclair Place, consisting of 11 new lots, for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

Motion: Approve waiving full reading and adopting Resolution No. 2005-161 approving a Reimbursement Agreement with The Mark Pringle Company, LLC, Subdivision Map No. 8763, located at the southeast corner of Apricot Way and Montclair Place, consisting of 11 new lots, for costs associated with Master Plan Facility Improvements.
Moved by Gutierrez, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Abstain: Swisher

13. Adopt a Resolution accepting Improvements for Inverness at Brentwood Lake, Brookfield Homes Unit 9, Subdivision No. 8375, located north of Balfour Road and west of East Country Club Drive. (B. Grewal/D. Galey)

Motion: Approve waiving full reading and adopting Resolution No. 2005-162 accepting Improvements for Inverness at Brentwood Lake, Brookfield Homes Unit 9, Subdivision No. 8375, located north of Balfour Road and west of East Country Club Drive.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Abstain: Swisher

15. Adopt a Resolution to amend Budget and Fiscal Policies No. 10-5. (P. Ehler/D. Davies)

Motion: Approve waiving full reading and adopting Resolution No. 2005-163 to amend Budget and Fiscal Policies No. 10-5.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

19. Adopt a Resolution approving a program honoring military men and women in the City of Brentwood. (K. Chew/C. Garcia)

Motion: Approve waiving full reading and adopting Resolution No. 2005-164 approving a program honoring military men and women in the City of Brentwood.
Moved by Taylor, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

20. Adopt a Resolution approving the Final Preliminary Design Report for the Surface Water Treatment Facility - Phase II, CIP Project No. 562-5629 and authorize staff to proceed with the project. (B. Grewal/P. Eldredge)

Motion: Approve waiving full reading and adopting Resolution No. 2005-165 approving the Final Preliminary Design Report for the Surface Water Treatment Facility - Phase II, CIP Project No. 562-5629 and authorize staff to proceed with the project.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

26. Adopt City Council Two Year Action Plan (Vision and Strategy). (D. Landeros)

Council Member Taylor recommended that the citizens view the draft action plan.

Motion: Approve adopting the City Council Two Year Action Plan (Vision and Strategy).
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

NEW BUSINESS (07:47 PM)

27. Request by Council Member Taylor to reconsider the action taken by City Council at the meeting of June 14, 2005 relating to the amendment of Planned Development 18 (PD-18) to reduce required setbacks and minimum lot size and allow a drive-through coffee use as a conditionally permitted use within the neighborhood commercial area in this zone, property generally located north of Balfour Road and west of west Country Club Drive and set a date for reconsideration. (D. Landeros/C. Garcia)

Council Member Taylor requested that this item be reconsidered at a Council meeting.

Motion: Approve reconsideration of the action taken by the City Council at their meeting of June 14, 2005 relating to the amendment of Planned Development 18 (PD-18) to reduce required setbacks and minimum lot size and allow a drive-through coffee use as a conditionally permitted use within the neighborhood commercial area in this zone, property generally located north of Balfour Road and west of west Country Club Drive and set a date for reconsideration.
Moved by Taylor, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

INFORMATIONAL REPORTS FROM STAFF (07:52 PM)

28. Informational Report on Subdivision No. 8912, Amber Park Phase II, developed by Mission Peak Construction Inc, located on south of Lone Tree Way and east of Empire Avenue; Final Map Approval. (K. Chew/C. Garcia)

29. PULLED FROM THE AGENDA - Informational Report on Subdivision No. 8833, S & S Farms Phase IV, 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 Approval. (K. Chew/C. Garcia)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (07:52 PM)

Council Member Beckstrand reported that the ground breaking for the next Segment of the Highway 4 Bypass, Package 1B, was held. There was a Vasco Road Task Force meeting and she said they were working for funding. Alameda County was on board for the next phase of improvements. The office of Traffic Safety was partnering with the City at Cornfest working on the 30-second commercial and she noted the fee had gone from $8,000 to $15,000 per home to continue on working on the widening of Highway 4 and other regional routes.

Council Member Taylor said he had received an extrordinary tour of the City with the BANC Committee.

REQUESTS FOR FUTURE AGENDA ITEMS (07:57 PM)

Council Member Brockman said he would like staff to look at the north east corner of Balfour and Griffith for a potential centralized community park and to look into opening up Sunset Park to the public without having an appointment.

ADJOURNMENT

Motion: Approve adjournment.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

Respectfully Submitted,

Cynthia Garcia, CMC
Interim City Clerk