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CITY OF BRENTWOOD
CITY COUNCIL MEETING MINUTES
AUGUST 9, 2005
COUNCIL CHAMBER

CALL TO ORDER 6:00 PM

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

ADJOURN TO CLOSED SESSION (6:01 PM)

1. Closed Session pursuant to Government Code 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Remnant property located at NEC of 2nd Street and Central Boulevard.
City Negotiator: Howard Sword
Under negotiation: Price and Terms.

2. Closed Session pursuant to Government Code 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Property located at 633 to 645 First Street. Assessor’s parcel number: 013-100-003.
City Negotiator: Howard Sword
Under negotiation: Price and Terms and Adaptive Reuse

RECONVENE IN OPEN SESSION (7:00PM) - 734 Third Street, City Council Chamber

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

REPORT ON CLOSED SESSION - None (07:01 PM)

PRESENTATIONS (07:01 PM)

A. Welcome Tour presentation by Supervisor Mary N. Piepho.

Supervisor Piepho introduced her staff and spoke about District III and presented an overview on Committee assignments, constituent outreach and current issues.

B. New Employee Introductions

Community Development Director, Howard Sword, introduced Linda Maurer, Economic Development Manager; Police Chief Michael Davies, introduced Laura Stewart, Community Service Officer I and Ryan Decker, Community Service Officer I and Mayor Swisher introduced Damien Brower, City Attorney.

Mayor Swisher administered the oath of office to new employees.

AGENDA REVIEW

Item 8 Include attached map showing PD zones.

Item 11A Application for review.

Item 16 Remove from Old Business and place under Public Hearings.

Item 18 Revisions to City Sewer Systems Ordinance.

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

CITIZEN COMMENTS (07:20 PM)

Len DelChiaro spoke about asphalting of the streets and he advised solid waste he was changing garbage pick up. He was told he could change the service date for pick up and that there would be an additional charge. The Police Department said that residents of Walnut Acres would not be ticketed. He was concerned about water and sewer billing and garbage service was too early in the morning and was too noisy.

Barbara Guise invited Council Members to attend the annual golf tournament and a barbeque lunch would be held on September 16, 2005.

CONSENT CALENDAR (07:30 PM)

1. Approved Minutes of July 26, 2005. (K. Chew/C. Garcia)

2. Adopted Resolution No. 2005-191 authorizing the City Manager to approve a contract with JSP Automation in the amount of $56,335, plus a 10% contingency, for a total amount of $61,968.50, to assist the City of Brentwood with the integration, programming and installation of the Water Distribution Telemetry/SCADA System, CIP Project No. 562-5620. (B. Grewal/P. Eldredge)

3. Adopted Resolution No. 2005-192 approving a Drainage Fee Collection, Right-of-Way and Maintenance Agreement with Contra Costa County Flood Control and Water Conservation District for Drainage Areas 56 and 107 and authorize the City Manager to execute agreements upon annexation of future Drainage Areas into the city limits of Brentwood. (B. Grewal/D. Galey)

4. PULLED FOR DISCUSSION - Adopt a Resolution accepting the right-of-way offers of dedication in-fee; accepting easements, abutter’s rights and sub-surface mineral and water rights as shown on the Final Map; accepting all public improvements for maintenance; accepting the Subdivision Maintenance Bond and releasing the Subdivision Improvement Securities for Subdivision No. 8421, Monteverde, developed by Braddock and Logan, located east of Shady Willow Lane and north of Sand Creek Road. (B. Grewal/D. Galey)

5. PULLED FOR DISCUSION - Adopt a Resolution accepting public improvements for maintenance; accepting the Subdivision Maintenance Bond and releasing the Subdivision Improvement Securities for Subdivision No. 8722, Brookdale Court, developed by Discovery Builders, located east of Fairview Avenue and south of Balfour Road. (B. Grewal/D. Galey)

6. Adopted Resolution No. 2005-193 authorizing the City Manager to execute a Professional Services Agreement with ECO:LOGIC Consulting Engineers in the amount of $101,588, plus a 10% contingency of $10,158.80, for a total contract amount of $111,746.80, for a facility analysis necessary for the Wastewater Treatment Plant Expansion - Phase II, CIP Project No. 592-5914. (B. Grewal/P. Eldredge)

7. Adopted Resolution No. 2005-194 authorizing the City Manager to execute contract amendments with Marina Mechanical in the amount of $52,454, plus a 10% contingency of $5,245.40, for a total of $57,699.40 and Metal Building Company in the amount of $3,697.50, plus a 10% contingency of $369.75, for a total of $4,067.25, for the City Data Center, CIP Project No. 337-3709. (K. Chew/G. Leech/M. Huber)

8. Waived second reading and adopted Ordinance No. 805 that establishes a new Chapter 17.690 in the Code regulating the location and operation of adult business uses. (H. Sword/M. Leana)

9. Authorized the City Manager to execute a Professional Services Agreement with CBIZ Marketing Services Group in an amount not to exceed $60,000 for establishment and development of a citywide marketing communications program. (H. Sword/L. Maurer)

10. PULLED FOR DISCUSSION - Adopt a Resolution approving the update and expansion of criteria for the Jobs Creation Program Funds. (H. Sword/L. Maurer)

11. Adopted Resolution No. 2005-195 authorizing the City Manager to accept and consent to deeds conveying affordable rental units to the City and approving a form of affordability covenant to be recorded against the units. (H. Sword/K. Reed)

11A. Approved the re-appointment of Bruce Ghiselli to the Brentwood Agricultural Land Trust (BALT) for a three year term expiring August 9, 2008.

CONSENT CALENDAR ACTIONS

Motion: Approve Approve Consent Calendar Items 1-3, 6-9, 11-11A as recommended.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

4. Adopt a Resolution accepting Improvements for Subdivision No. 8421, Monteverde, developed by Braddock and Logan, located east of Shady Willow Lane and north of Sand Creek Road. (B. Grewal/D. Galey)

Motion: Approve waiving full reading and adopting Resolution No. 2005-196 accepting Improvements for Subdivision No. 8421, Monteverde, developed by Braddock and Logan, located east of Shady Willow Lane and north of Sand Creek Road.
Moved by Brockman, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Abstain: Swisher

5. Adopt a Resolution accepting Improvements for Subdivision No. 8722, Brookdale Court, developed by Discovery Builders, located east of Fairview Avenue and south of Balfour Road. (B. Grewal/D. Galey)

Motion: Approve waiving full reading and adopting Resolution No. 2005-197 accepting Improvements for Subdivision No. 8722, Brookdale Court, developed by Discovery Builders, located east of Fairview Avenue and south of Balfour Road.
Moved by Brockman, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Abstain: Swisher

10. Adopt a Resolution approving the update and expansion of criteria for the Jobs Creation Program Funds. (H. Sword/L. Maurer)

Linda Maurer, Economic Development Manager, presented a staff report.

Motion: Approve waiving full reading and adopting a Resolution approving the update and expansion of criteria for the Jobs Creation Program Funds.
Moved by Taylor, seconded by Gutierrez.

Council Member Taylor withdrew his motion.

Motion: Approve waiving full reading and adopting Resolution No. 2005-198 approving the update and expansion of criteria for the Jobs Creation Program Funds and to keep and review the existing $12 per hour and adding the 30% criteria, taking revised numbers back to the Economic Development Subcommittee.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-1.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
No: Brockman

PUBLIC HEARINGS (07:43 PM)

12. Consideration of a Resolution to approve a thirty (30) day extension of Interim Resolution No. 2005-182 and continue the Interim Regional Transportation Development Impact Mitigation fee in full force and in effect until September 13, 2005, at which time the fees approved by Resolution No. 2005-180 become effective. (B. Grewal/L. Vargas)

City Engineer, Bailey Grewal, 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 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

Motion: Approve waiving full reading and adopting Resolution No. 2005-199 approving a thirty (30) day extension of Interim Resolution No. 2005-182 and continue the Interim Regional Transportation Development Impact Mitigation fee in full force and in effect until September 13, 2005, at which time the fees approved by Resolution No. 2005-180 become effective.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

13. Consideration of an Ordinance amending Planned Development 35 (PD-35) by adding 5.36 acres to Subarea D in order to establish development standards for this portion of the PD (for which no development standards currently exist) and reducing the maximum allowable height of residences in this Subarea from 35’ to 30’. The property is generally located east of Windy Springs Lane and north and south of Amber Lane, north of the EBMUD aqueduct. (H. Sword/D. Hill)

Associate Planner, Debbie Hill, presented a staff report.

Mayor Swisher opened the public hearing.

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

Motion: Approve waiving full reading and introducing Ordinance No. 806 amending Planned Development 35 (PD-35) by adding 5.36 acres to Subarea D in order to establish development standards for this portion of the PD (for which no development standards currently exist) and reducing the maximum allowable height of residences in this Subarea from 35 to 30. The property is generally located east of Windy Springs Lane and north and south of Amber Lane, north of the EBMUD aqueduct.
Moved by Brockman, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

14. Consideration of a General Plan Amendment (GPA 05-04) to modify the text within the Housing Element to address the conversion of rental apartment units into condominium for sale units, including without limitation the adoption of a negative declaration. This project affects all residentially zoned land within the City of Brentwood. (H. Sword/D. Hill)

Associate Planner, Debbie Hill, presented a staff report.

Mayor Swisher opened the public hearing.

Bree Comstock, Director of Administration for Ashwood Construction, informed that Ashwood decided to convert their project to a condominium complex because of market forces. She spoke about affordable housing and said she thought the condominium complex would be an excellent addition. Ashwood had reconsidered when they found out that four parking spaces would be required per unit instead of two for rental property, and they requested that the City base it on the number of bedrooms instead of the units.

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

In response to Mayor Swisher, Associate Planner, Debbie Hill, said that staff would evaluate the parking requirement for condominiums when the ordinance was updated.

Motion: Approve waiving full reading and adopting Resolution No. 2005-200 adopting a General Plan Amendment (GPA 05-04) to modify the text within the Housing Element to address the conversion of rental apartment units into condominium for sale units, including without limitation the adoption of a negative declaration. This project affects all residentially zoned land within the City of Brentwood.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

16. Adoption of the amendment to the City of Brentwood’s Zoning Code Chapter 17.280.002 Subsection "A" Permitted Uses in the CB (Central Business) Zone of the Municipal Code that will regulate the location of office uses on the ground floor within the CB Zone. This proposed ordinance change would be consistent with the recommendations of the draft Downtown Specific Plan currently under consideration by the City. (H. Sword/J. Zilm)

Item 16 taken prior to Item 15.

Senior Planner, Jeff Zilm, presented a staff report.

Mayor Swisher opened the public hearing.

Barbara Guise said that the City should have done this a long time ago and she was in complete support of the idea since it followed the downtown specific plan.

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

Motion: Approve waiving full reading and introducing Ordinance No. 807 approving adoption of the amendment to the City of Brentwood’s Zoning Code Chapter 17.280.002 Subsection "A" Permitted Uses in the CB (Central Business) Zone of the Municipal Code that will regulate the location of office uses on the ground floor within the CB Zone. This proposed ordinance change would be consistent with the recommendations of the draft Downtown Specific Plan currently under consideration by the City.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

OLD BUSINESS (07:59 PM)

Item 16 taken before Item 15.

15. Consider waiving second reading and adopting Ordinance No. 804 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, property 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.

Motion: Approve waiving second reading and adopting Ordinance No. 804 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, property generally located north of Balfour Road and west of West Country Club Drive.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 3-2.
Yes: Beckstrand; Brockman; Swisher
No: Gutierrez; Taylor

NEW BUSINESS (08:04 PM)

17. Consideration of a Resolution approving the deal points and terms for an Affordable Housing Agreement between the City of Brentwood and Mark Taylor for Subdivision 8808. (H. Sword/K. Reed)

Senior Housing Analyst, Kwame Reed, presented a staff report.

Mayor Swisher directed staff to refine the process and bring back a better policy on how to handle requests in the future.

Motion: Approve waiving full reading and adopting Resolution No. 2005-201 approving the deal points, Option No. 3 and terms for an Affordable Housing Agreement between the City of Brentwood and Mark Taylor for Subdivision 8808 and directing staff to return in the next couple of months with a refined policy.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

18. Waive first reading and introduce an Ordinance deleting the existing Title 13 of the Municipal Code and establish a new Title 13 to provide for the regulation and use of City sewer systems. (P. Zolfarelli/D. Stoops)

Director of Public Works, Paul Zolfarelli, presented a staff report.

Motion: Approve waiving full reading and introducing Ordinance No. 808 deleting the existing Title 13 of the Municipal Code and establish a new Title 13 to provide for the regulation and use of City sewer systems.
Moved by Taylor, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

INFORMATIONAL REPORTS FROM STAFF - No action required (08:36 PM)

19. Status of escrow closings at Sunset Industrial Complex. (H. Sword/G. Rozenski)

20. Informational Report on Subdivision No. 8825, Cedarwood Phase II, developed by Signature Properties, located on Sycamore Avenue east of Brentwood Boulevard; Final Map Approval. (K. Chew/C. Garcia)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (08:37 PM)

Mayor Swisher asked to be removed from the Housing and Economic Development subcommittees and he appointed Council Member Bob Brockman to both subcommittees.

Council Member Taylor reported on his attendance at the opening of Heritage High School and the new Police Facility, noting that they were assets to the City.

Council Member Beckstrand commented that an excellent job had been done on the Police Department and she commended staff for their work.

Council Member Brockman, informed that there had been a case of West Nile Virus reported in the City and Vector Control sprayed the City today.

REQUESTS FOR FUTURE AGENDA ITEMS - None (08:42 PM)

ADJOURNMENT (08:43 PM)

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

 

City Administration
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Brentwood, CA 94513
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