Item 1A

CITY OF BRENTWOOD
CITY COUNCIL MEETING MINUTES
TUESDAY, OCTOBER 11, 2005
COUNCIL CHAMBER, 7:00 P.M.

CALL TO ORDER (6:01 PM)
Roll Call
Present: Beckstrand; Gutierrez; Taylor
Absent: Brockman; Swisher

CITIZEN COMMENTS - None (6:01 PM)

ADJOURN TO CLOSED SESSION - 150 City Park Way, City Hall Conference Room (6:02 PM)

Pursuant to Government Code §54956.8, Conference with Real Property Negotiators, property located at 400 Guthrie Lane, Brentwood; Negotiating Party is Paul Taylor, City Negotiators are Howard Sword and Linda Maurer; Under Negotiation: price and terms.

RECONVENE IN OPEN SESSION - 734 Third Street, City Council Chamber (07:03 PM)
Roll Call
Present: Beckstrand; Gutierrez; Taylor
Absent: Brockman; Swisher

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

PRESENTATIONS (07:03 PM)

A. Introduction of New Employees and Oath of Office

Director of Parks and Recreation, Craig Bronzan, introduced Mike Azamey, Landscape/Facilities Worker II and Director of Public Works, Paul Zolfarelli, introduced Dylan Ulrich, Street Maintenance Worker I.

Vice Mayor, Ana Gutierrez, administered the Oath of Allegiance to new employees.

AGENDA REVIEW - None (07:07 PM)

CITIZEN COMMENTS (07:07 PM)

Laura Cortez spoke about the speeding on Sycamore Avenue into Barbara Street. Two weeks ago someone was speeding and they hit and totaled her car, knocked down the fence and could have run into the the back bedroom. She asked what could be done and suggested making the street a one-way street.

CONSENT CALENDAR (07:09 PM)

1. Approved Minutes of September 27, 2005. (M. Wimberly)

2. Adopted Resolution 2005-247 approving a Grant Deed to the State of California (Caltrans) for a portion of the roadway along Highway 4 (Brentwood Boulevard), located southwest of Second Street, required for the Brentwood Boulevard Curve, CIP Project No. 336-3100 and authorizing the City Manager or any of her designees to execute said Grant Deed and any other documents necessary to complete the transaction. (B. Grewal/M. Sullivan)

3. Adopted Resolution 2005-248 approving Grant Deeds to the State of California (Caltrans) for a portion of roadway along Highway 4 (Brentwood Boulevard), located between Homecoming Way and Havenwood Avenue, required for the Sunset Road Realignment, CIP Project No. 336-3012 and authorizing the City Manager or any of her designees to execute said Grant Deeds and any other documents necessary to complete the transaction. (B. Grewal/M. Sullivan)

4. Adopted Resolution 2005-249 approving Grant Deeds to the State of California (Caltrans) for a portion of roadway along Highway 4 (Brentwood Boulevard) on the east side and west side, located between Village Drive and Applewood Common, required for the Brentwood Boulevard Widening, CIP Project No. 336-3054 and authorizing the City Manager or any of her designees to execute said Grant Deeds and any other documents necessary to complete the transaction. (B. Grewal/M. Sullivan)

5. Adopted Resolution 2005-250 approving a Contract Amendment with Teichert Construction for the construction of the additional joint trench infrastructure and IPARQ Way at Sunset Industrial Complex, CIP Project No. 336-3128, in an amount of $524,982.03, plus a 10% contingency and authorizing the City Manager to execute said Amendment and related change order documents. (B. Grewal/P. Eldredge)

6. Adopted Resolution 2005-251 providing supplemental military pay and continuation of health benefits for up to twelve (12) months for regular employees called to active military duty. (K. Chew/P. Standley)

7. Waived second reading and adopted Ordinance 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. (H. Sword/D. Hill)

8. Waived second reading and adopted Ordinance 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. (H. Sword/H. Kline)

9. Adopted Resolution 2005-252 approving, and authorizing the City Manager to execute, a change order in an amount not to exceed $14,750 for Snap-On tools. (P. Zolfarelli/S. Dempsey)

10. Adopted Resolution 2005-253 approving Temporary Use Permit 05-20 to allow for the use of City-owned property for the staging of the annual Hometown Halloween sponsored by the Chamber of Commerce for one day, Saturday, October 29, 2005 between the hours of 4:00 pm and 8:30 pm. (H. Sword/T. Nielsen)

11. Adopted Resolution 2005-254 approving Temporary Use Permit 05-21 to allow for the use of City-owned property for the staging of the annual Holiday Parade sponsored by the Brentwood Chamber of Commerce for one day, Saturday, November 19, 2005 between the hours of 1:00 pm and 4:30 pm. (H. Sword/T. Nielsen)

12. Approved the appointment of Jim Cushing to the Planning Commission for a term ending December 31, 2005 to fill the vacancy of Ray Shipley. (A. Gutierrez/B. Brockman)

13. Accepted the Second Quarter Update on the City Council Two Year Action Plan. (D. Landeros)

14. Adopted Resolution 2005-255 approving, and authorizing the City Manager to execute, a change order with Bay Cities Paving & Grading, Inc. for repair and resurfacing of the Brentwood Center parking lot in an amount not to exceed $392,477.55, and to authorize the City Manager to execute change order contingencies up to 10% in an amount not to exceed $39,247.76, for a total not to exceed $431,725. (C. Bronzan/P. Ehler/ P. Zolfarelli)

CONSENT CALENDAR ACTIONS (07:09 PM)

Motion: Approve Consent Calendar Items 1 - 14 as recommended.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 3-0.
Yes: Beckstrand; Gutierrez; Taylor
Absent: Brockman; Swisher
PUBLIC HEARINGS (07:09 PM)

15. Consideration of an Ordinance amending Planned Development No. 48 (RZ 05-11), creating a new retail subarea with development standards for the Brentwood Station Retail Center, located south of Lone Tree Way, east of Jeffrey Way and west of Shady Willow Lane. (H. Sword/J. Zilm)

Senior Planner, Jeff Zilm, presented a staff report, noting that on September 20, 2005, Planning Commission had recommended approval of the proposed PD 48 changes, to modify PD 48 to create subarea A and new development standards just for that subarea, and create subarea B, which would retain the previously approved development standards.

Vice Mayor Gutierrez opened the public hearing.

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

Motion: Approve waiving full reading and introducing Ordinance No. 814 amending Planned Development No. 48 (RZ 05-11), creating a new retail subarea with development standards for the Brentwood Station Retail Center, located south of Lone Tree Way, east of Jeffrey Way and west of Shady Willow Lane.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 3-0.
Yes: Beckstrand; Gutierrez; Taylor
Absent: Brockman; Swisher

16. Consideration of an Ordinance (RZ 05-17) amending Planned Development No. 53 (PD-53), creating and establishing development standards for Subarea B of this zone, to facilitate development of a new fire station. The site is located on one acre at the northwest corner of Grant Street and Shady Willow Lane. (H. Sword/E. Nolthenius)

Senior Planner, Erik Nolthenius, presented a staff report noting that the rezone would create and establish development standards for subarea B of PD 53 for new Fire Station No. 53. The Planning Commission unanimously recommended approval of the rezone on September 20, 2005 and staff recommended waiving first reading and introducing an Ordinance for the development standards.

Vice Mayor Gutierrez opened the public hearing.

Motion: Approve closing public hearing.
Moved by Gutierrez, seconded by Taylor.
Vote: Motion carried 3-0.
Yes: Beckstrand; Gutierrez; Taylor
Absent: Brockman; Swisher

Motion: Approve waiving full reading and introducing Ordinance No. 815 (RZ 05-17) amending Planned Development No. 53 (PD-53), creating and establishing development standards for Subarea B of this zone, to facilitate development of a new fire station. The site is located on one acre at the northwest corner of Grant Street and Shady Willow Lane.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 3-0.
Yes: Beckstrand; Gutierrez; Taylor
Absent: Brockman; Swisher

INFORMATIONAL REPORTS FROM STAFF - No action required (07:19 PM)

17. Informational Report on Subdivision No. 8833, S & S Farms Phase IV, developed by Lennar Homes, located east of the Union Pacific Railroad, south of Grant Street and north of Sand Creek Road; Final Map Approval. (M. Wimberly)

18. Informational Report on Sunset Industrial Complex escrows. (G. Rozenski)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (07:19 PM)

Council Member Taylor reported on his attendance at the League of California Cities Conference at the Moscone Center in San Francisco, noting that Governor Schwarzenegger had attended and presented a great speech. He said he enjoyed the speakers and that it was great to bring information back to the City.

Council Member Gutierrez said she had been informed about what other cities did and she noted that Brentwood was already doing those things.

REQUESTS FOR FUTURE AGENDA ITEMS (07:21 PM)

Council Member Gutierrez requested staff to prepare a fact sheet explaining how the Measure L Memorandum of Understanding would affect resdents in certain areas.

ADJOURNMENT (07:23 PM)
Motion: Approve adjournment.
Moved by Taylor, seconded by Beckstrand.
Vote: Motion carried 3-0.
Yes: Beckstrand; Gutierrez; Taylor
Absent: Brockman; Swisher

Respectfully Submitted,

Cynthia Garcia
Assistant City Clerk