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CITY OF BRENTWOOD
CITY COUNCIL 9/27/05 MINUTES
TUESDAY, SEPTEMBER 27, 2005
COUNCIL CHAMBER, 7:00 P.M.

CALL TO ORDER (07:03 PM)
Roll Call
Present: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

Mayor Swisher thanked the community for their support to the Swisher family with regard to his 7-year old son, Britton, who had been diagnosed with Leukemia. Britton was doing well and the community had been fabulous. He said he was proud to be Mayor of a City like Brentwood.

Council Member Beckstrand announced that a blood drive would be held on October 8, 2005 and all donations on that day would go to credit the Britton Swisher account at UCSF hospital.

PRESENTATIONS (07:06 PM)

A. STAND! Against domestic Violence Proclamation

Roberto Garcia accepted the proclamation, informing that STAND had provided services to 127 families in the last year.

B. Financial Planning Week (Kathleen Knight)

Kathleen Knight accepted the proclamation on behalf of the Financial Planning Association of the East Bay and she urged citizens to have a financial plan for their life and the lives of their children.

Mayor Swisher announced that Scout troop 793 was present.

AGENDA REVIEW (07:11 PM)

Item 2 Modification to the Resolution.
Item 3 Amends typographical error under fiscal impact

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

CITIZEN COMMENTS (07:12 PM)
Ernie Rodriguez thanked Council for helping the Veterans in the community. He said that they were moving forward to finish the Veteran’s element in Veteran’s Park and Council would be invited in November to attend the dedication of the Veteran’s group.
Len Brakeman expressed thanks from the Summerset Veteran’s group and Marine Corp. League.

Nick Pappadakas, Commander of the Veterans of Foreign War Post 10789, thanked Council for their generosity and asked everyone to support the troops.

Greg Robinson and Missy Hefferty spoke about the victims of Hurricane Katrina noting that the Rotary, through efforts of the residents, had collected three semi trucks filled with merchandise, products, food, water and clothes, which were sent to Baton Rouge, Louisiana and Texas.

Missy Hefferty had one, two and three-bedroom apartments behind the Brentwood Cafe and keys had been given to a family of six. The people in the apartments needed goods and money. She announced that there would be a fundraiser at Sweeney’s on October 2, 2005 from 4 - 10 p.m. and proceeds would help obtain clothing and furniture for the families.

Mr. Robinson and Ms. Hefferty asked the City to be involved since the people needed homes and jobs.

CONSENT CALENDAR (07:22 PM)

1. PULLED FOR SEPARATE ACTION - Approve Minutes of September 13, 2005. (M. Wimberly)

2. Adopted Resolution 2005-229 approving a Reimbursement Agreement with the Liberty Union High School District in the amount of $108,300, for the American Avenue/Balfour Road Intersection Modifications, authorizing the City Manager to execute the said agreement and amending the American Avenue Extension, CIP Project No. 336-3156 Budget Sheet. (B. Grewal/B. Bornstein)

3. Amended the Professional Services Agreement with CBIZ Marketing Services Group and clarifying the scope of work and method of payment and authorize the City Manager to execute the amended agreement. (H. Sword/L. Maurer)

4. Adopted Resolution 2005-230 approving a Deferred Improvement Agreement between Harvest Time Assembly of God, a California Corporation and the City of Brentwood for certain improvements to John Muir Parkway and Ventura Road for MS No. 361-04, located at 500 Concord Avenue and authorizing the City Manager to execute the said agreement. (B. Grewal/J. Ward)

5. PULLED FOR SEPARATE ACTION - Adopt a Resolution approving a Reimbursement Agreement with Larry Jackson Construction, Inc., DR 04-26, Sunset Plaza Center, a two building retail project at the intersection of Nancy Street and Brentwood Boulevard, for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

6. Adopted Resolution 2005-231 accepting the work performed by Dean’s Acoustical Ceiling, Denham Contracting and Systems & Space for the New Police Facility, CIP Project No. 337-3142 and City Data Center, CIP Project No. 337-3709 and direct the City Clerk to file the Notices of Completion with the County Recorder. (K. Chew/M. Huber)

7. Adopted Resolution 2005-232 approving a contract amendment with Camp Dresser & McKee to provide updates to our Water Master Plan in the amount of $27,000, plus a 10% contingency and authorizing the City Manager to execute the said document. (B. Grewal/P. Eldredge)

8. Adopted Resolution 2005-233 amending the 2005/06 - 2009/10 Capital Improvement Program (CIP) to include the budget for the Pedestrian and Bicycle Safety Program. (B. Grewal/T. Wooten)

9. Waived second reading and adopted Ordinance 810 approving the amendment to the PD-46 Zoning District for the Barrington Project located south of Sunset Road, immediately west of the current City limits, north of Jennifer Street, and east of Connor Way. (H. Sword/W. Rhodes)

Council Member Brockman abstained.

10. Waived second reading and adopted Ordinance 811 approving a Rezone (RZ 05-06) and creation of development standards for an approximate 112-acre site (Prewett Ranch), located between Lone Tree Way and Grant Street, just east of O’Hara Avenue. (H. Sword/E. Nolthenius)

11. Adopted Resolution 2005-234 authorizing the cancellation of the November 22, 2005 and December 27, 2005, City Council meetings

12. Adopted Resolution 2005-235 approving a Professional Services Agreement with Frank Kluber, Landscape Architect, to provide as-needed plan check services for 2005/06 in an amount not to exceed $50,000, and authorizing the City Manager to enter into said agreement. (C. Bronzan/K. De Silva)

13. Adopted Resolution 2005-236 approving a Professional Services Agreement with Vali Cooper and Associates, Inc. for Parks and Recreation Inspection Services for new development and Capital Improvement Projects in the amount of $198,000, and authorizing the City Manager to enter into said agreement and approve change orders up to 10% of the contract amount. (C. Bronzan/K. De Silva)

14. Adopted Resolution 2005-237 approving the 2005 Update to the East Contra Costa County Bikeway Plan (B. Grewal/K. Wahl)

15. Adopted Resolution 2005-238 approving Temporary Use Permit 05-17 to allow for the use of City-owned property for the staging of the annual Art and Wine Festival, located in City Park and affecting the closure of surrounding streets within the downtown from Friday, October 7, 2005 to Sunday, October 9, 2005. (Sword/T. Nielsen)

16. 1. Adopted Resolution 2005-239 approving Annexation #2 Boundary Map to City of Brentwood Community Facilities District No. 2 (CFD No. 2). 2. Adopted Resolution 2005-240 approving Annexation #1 Boundary Map to City of Brentwood Community Facilities District No. 4 (CFD No. 4). 3. Adopted Resolution 2005-241 declaring the intent to annex territory to CFD No. 2, levy a special tax in such territory and set a date of November 8, 2005 at 7:00 p.m. for the Public Hearing. 4. Adopted Resolution 2005-242 declaring the intent to annex territory to CFD No. 4, levy a special tax in such territory and set a date of November 8, 2005 at 7:00 p.m. for the Public Hearing. 5. Adopted Resolution 2005-243 authorizing the City Manager to execute a Professional Services Agreement with Francisco and Associates, Inc. to provide Assessment Engineering Services for Community Facilities District Nos. 2 and 4, in an amount not to exceed $100,000. (B. Grewal/D. Galey)

Council Member Brockman abstained.

CONSENT CALENDAR ACTIONS (07:22 PM)

Motion: Approve Consent Calendar Items 2 - 4 and 6 - 16 as recommended. Council Member Brockman abstained on Items 9 and 16.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

1. Approve Minutes of September 13, 2005. (M. Wimberly)

Motion: Approve Minutes of September 13, 2005. (M. Wimberly)
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Abstain: Swisher

5. Adopt a Resolution approving a Reimbursement Agreement with Larry Jackson Construction, Inc., DR 04-26, Sunset Plaza Center, a two building retail project at the intersection of Nancy Street and Brentwood Boulevard, for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

Motion: Approve waiving full reading and adopting Resolution 2005-244 approving a Reimbursement Agreement with Larry Jackson Construction, Inc., DR 04-26, Sunset Plaza Center, a two building retail project at the intersection of Nancy Street and Brentwood Boulevard, for costs associated with Master Plan Facility Improvements.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Abstain: Swisher

PUBLIC HEARINGS (07:23 PM)

17. Consideration of an Ordinance (RZ 05-15) amending the development standards and uses within the Planned Development 38 (PD-38), Subarea B zoning designation. The site is located at the northeast corner of Lone Tree Way and Empire Avenue. (H. Sword/D. Hill)

Associate Planner, Debbie Hill, presented a staff report, noting that the zoning amendment had been approved by the Planning Commission on September 6, 2005.

Mayor Swisher opened the public hearing.

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

Motion: Approve waiving full reading and introducing Ordinance No. 812 (RZ 05-15) amending the development standards and uses within the Planned Development 38 (PD-38), Subarea B zoning designation. The site is located at the northeast corner of Lone Tree Way and Empire Avenue.
Moved by Gutierrez, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

18. Consideration of an Ordinance (RZ 05-14) amending the Brentwood Municipal Code Chapter 17.620.012 to allow consideration of shared parking for restaurant uses in shopping centers less than 50,000 sq. ft. as part of the conditional use permit review. (H. Sword/H. Kline)

Planning Manager, Heidi Kline, presented a staff report, noting that the Planning Commission had recommended approval of the text amendment on September 6, 2005.

Mayor Swisher opened the public hearing.

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. 813 (RZ 05-14) amending the Brentwood Municipal Code Chapter 17.620.012 to allow consideration of shared parking for restaurant uses in shopping centers less than 50,000 sq. ft. as part of the conditional use permit review.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

NEW BUSINESS (07:28 PM)

19. Consideration of a Resolution supporting the Urban Limit Line Initiative, Measure L. (B. Swisher/D. Landeros)

Director of Community Development, Howard Sword, presented a staff report noting that staff recommended adopting a Resolution supporting the Urban Limit Line Initiative, Measure L, with the added language stating that additional funding from residential and commercial development would generate toward the East Contra Costa Regional Fee and Financing Authority to fund regional traffic improvements such as State Route 4 Bypass, State Route 4 widening and Vasco Road.

Mayor Swisher requested any public input.

Vincent Cipponeri said he had a parcel on the northeast corner of Sellers and Chestnut and did not object.

Joan Douglas asked if the extension of the Urban Limit Line would include land that was previously included in the General Plan before the County moved it in, and if population projections would be increased since projections of population had been decreased from 95,000 to 75,000.

Mayor Swisher explained that SPA R, G and H were in the General Plan and were in the population calculations and was expanding to what the Urban Limit Line was before the County shrank it in the year 2000.

Council Member Brockman stated that all of the land that was being asked for was part of the City’s General Plan and it was not extending it to where it was voted for by the voters in 1999. There were approximately 3,200 acres that were part of the original General Plan voted for by the voters that were inadvertently taken away from the City that were not included in this. He said he felt that this was a good thing for the City since there would be a large business center and some housing.

Director of Community Development, Howard Sword, addressed the population increase noting that the land use changes that decreased the population and redesignated approximately 1,000 acres of land from residential land use to business park land use. The reduction had maintained the population and the City was within the population projection made in the General Plan update.

Motion: Approve waiving full reading and adopting Resolution 2005-245 supporting the Urban Limit Line Initiative, Measure L.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

At 7:45 P.M., City Council recessed.

At 7:58 P.M., City Council reconvened with all Council members present.

20. Consideration of a Resolution approving a Memorandum of Understanding between the City of Brentwood, East Bay Regional Park District, Save Mount Diablo and property owners regarding the Urban Limit Line Initiative and authorizing the Mayor to sign the Memorandum of Understanding. (D. Landeros/B. Swisher)

Director of Community Development, Howard Sword, presented a staff report noting that staff recommended adopting the Resolution approving the Memorandum of Understanding (MOU) between the City and East Bay Regional Park District, Save Mount Diablo and property owners and authorize the Mayor to sign the MOU.

Mayor Swisher requested public input.

Ron Brown, Save Mount Diablo, said that it was a historic time in the County, where the diversity of the organizations that were to sign the MOU had recognized the City’s objectives for housing, business and economic development and had taken into consideration the importance of agricultural heritage and created a permanent green belt, adding to the quality of life for City and County residents.

Cathy Wolfe asked what the point was since conservation easements were available thru BALT.

Director Sword explained that what was different about the proposal was that developers had to deliver the easements and could not give the City money. It was the desire of many to see the ag core stay and granting easements within the ag core advanced that goal.

Mayor Swisher said the community was formed and based on agriculture and the City was trying to find a way to save agricultural in the east part of the County. BALT had been working at getting the easements and now it was placed on developers to deliver easements to the City. This did not change the zoning restrictions and would let those building know that the City wanted ag easements to stay.

Council Member Gutierrez clarified that this was another strategy or tool to obtain easements and it would be up to the individual property owner.

Vincent Cipponeri said he felt that the good land had already been developed and it appeared to him that there would not be any land left.

Marty Maggiore asked what would happen if a developer did not bring easements.

Mayor Swisher responded that a developer could not develop if they did not bring easements since it was a requirement. The land owners were directly affected because they were developing parcels inside the Urban Limit Line and this would be predicated upon the passing of Measure L.

Bob Nunn spoke noting that the intent was to positively affect those in the ag core. The BALT program was only enhanced by this and for those who were unwilling sellers of ag easements, they did not have to sell and were unaffected. For willing sellers, there was an additional market and more people to negotiate with, which was a benefit. The ratio was to create flexibility and opportunities for ag easements from willing sellers.

Karen Rogge said she believed that this was positive since it gave property owners and developers the opportunity to negotiate with conservation easements and she was in favor.

Mayor Swisher explained that Council did not create the Urban Limit Line and there had been an Urban Limit Line voted on in 1990 by the voters of Contra Costa County. In 2000, the Board of Supervisors pulled in the Urban Limit Line. For those who owned property outside the Urban Limit Line and they wanted to develop, Council was trying to work within the City and grow in an organized way, keep hillsides preserved and have enough funds for community facilities such as libraries, senior and teen centers. There would be more population coming in and Council wanted to be sure that Highway 4 and other resources could handle it. The Urban Limit Line and MOU were left for the voters of the City to decide in November. Council had supported Measure L and he believed the City could handle the growth that was coming and he was proud to have the agreement.

Council Member Gutierrez said that this would only take effect if Measure L passed and it was for the voters to decide. It was another strategy to try to obtain conservation easements along the boarder of the City. She did not have a problem with the MOU.

Council Member Taylor said it gave choices to people and rights would not be violated. The people would decide by voting on the ballot.

Council Member Beckstrand commented that this was a monumental accomplishment for all parties involved and East County. She was excited about it and glad it was moving forward.

Council Member Brockman clarified that out of 19 cities in Contra Costa County, three-quarters of the cities had agreed on an Urban Limit Line for the County. There were 18 of 19 cities that agreed on adjustments to the Urban Limit Line and the County did not agree. It had been voted on in the year 2000 and the County Supervisors arbitrarily changed it, which affected property owners outside the Urban Limit Line. If cities agreed and the Board of Supervisors approved the new Line with an agreement, Measure J funds that the voters had already approved would go to cities and if they could not agree, the County ended up with the funds. Measure L allowed the citizens to vote and if approved, the City would receive sales tax funds. The MOU saves the open space and did not burden land owners, which was the purpose of the agreement with the land owners and he said he was in favor of the MOU.

Motion: Approve waiving full reading and adopting Resolution 2005-246 approving a Memorandum of Understanding between the City of Brentwood, East Bay Regional Park District, Save Mount Diablo and property owners regarding the Urban Limit Line Initiative and authorizing the Mayor to sign the Memorandum of Understanding with the condition that the following be struck out of the proposed agreement on page 3 of 7, paragraph 5, of the Memorandum of Understanding "Other than the City and Brentwood Agricultural Trust".
Moved by Swisher, seconded by Brockman.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS - None (08:40 PM)

REQUESTS FOR FUTURE AGENDA ITEMS - None (08:40 PM)

ADJOURNMENT (08:40 PM)
Motion: Approve ADJOURNMENT.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

Respectfully Submitted,

Cynthia Garcia
Assistant City Clerk

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov