CITY OF BRENTWOOD
CITY COUNCIL MEETING MINUTES
TUESDAY, OCTOBER 25, 2005
COUNCIL CHAMBER, 7:00 P.M.

CALL TO ORDER (07:00 PM)
Roll Call
Present: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

PRESENTATIONS (07:00 PM)
A. National Hospice/Palliative Care Month Proclamation (Jeff Schults)

Jeff Schults accepted the proclamation and invited everyone to attend the annual tree lighting ceremony to be held on November 13, 2005 at City Park.

AGENDA REVIEW - None (07:03 PM)

CITIZEN COMMENTS (07:03 PM)
James Troy spoke regarding drainage issues on the west end of Saddle Creek Court. He noted that prior to the new development on the west and north sides of his property, a good percentage of the run-off flowed west and north to open farmland and because of walls installed, changes to elevations and re-grading by the development, drainage no longer existed. He asked that drainage issues be addressed and include the City’s entire easement, which was the area west of the turnaround at the end of the court, approximately 200 feet.

Tim De Bill spoke regarding drainage issues on the west end of Saddle Creek Court and said he believed that the road would be replaced to the quality that it was. The concern was that the landscape was not the way it was five years ago since his property was surrounded by concrete walls and the only escape for drainage was down the street. The street was stopped short 200 feet from going to the end, where there was a new masonry wall. He requested that the City place v-ditches or grading that would allow water to get out since he would not like to be stranded back there.

Linda Oliver spoke about Sunset Athletic Complex, the Aquatic Complex and Veteran’s Park noting that 40 percent of the East County’s residents were youth and the complexes were for the youth. She said she believed that East County had a higher rate of senior citizens and that the City had a higher percentage of seniors as a result of Summerset. Very few of the park amenities were used by the senior citizens directly. Seniors needed a place for social interaction.

CONSENT CALENDAR (07:14 PM)

1. Approved Minutes of October 11, 2005 and minutes of special meeting held October 18, 2005. (M. Wimberly)

2. Adopted Resolution 2005-256 redefining the coverage groups eligible to elect pre-tax payroll deductions for California Public Employees’ Retirement System (CalPERS) service credit purchases by removing the coverage group code numbers and providing text descriptions that cover all miscellaneous and all safety coverage groups and repeal previously adopted Resolution No. 97-01. (K. Chew/P. Standley)

3. Adopted Resolution 2005-257 approving and authorizing the Mayor or Vice Mayor to execute a Reimbursement Agreement with Western Pacific Housing, Tentative Subdivision Map No. 8854, consisting of 115 units, located at the northeast corner of Balfour Road and Fairview Avenue for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

4. Adopted Resolution 2005-258 accepting the work performed by Pueblo Tile, BT Mancini, Concord Iron Works, Martinez Sheet Metal, Melloni Construction (Package #18 Casework), Pro-Fit Fire Services and Freas Plastering 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)

5. Adopted Resolution 2005-259 approving, and authorizing the City Manager to sign, a settlement and release agreement with the John A. Continente Jr. Family Trust for the termination of a lease agreement for the property located at 8440 Brentwood Blvd., Brentwood, California, Suites C and F." (M. Davies/J. Martinez)

6. PULLED FOR DISCUSSION - Accept the Parks, Recreation and Trails Master Plan Annual Report. (C. Bronzan)

7. Approved the revision to City of Brentwood Youth Advisory Commission By-laws. (C. Bronzan/P. Scherff)

8. PULLED FOR DISCUSSION - Waive first reading and introduce Ordinance 816 to add a new Chapter 2.37 to the City of Brentwood Municipal Code related to the role and responsibilities of the Office of the City Attorney and adoption of a Resolution to delete Rule No. 8 from Council Administrative Policy No. 110-1 related to the City Attorney. (D. Brower/D. Landeros)

9. Waived second reading and adopted Ordinance 814Â amending Planned Development 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)

10. Waived second reading and adopted Ordinance 815 amending Planned Development 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)

11. PULLED FOR DISCUSSION - Approve the appointment of David Wahl to the Brentwood Agricultural Land Trust (BALT) for a three year term expiring October 25, 2008. (R. Brockman)

12. Approved setting the date of November 8, 2005, to hear the appeal of a Planning Commission decision approving Conditional Use Permit No. 05-13 that establishes a Master Sign Program for the Siena Village project, located at the northwest corner of Balfour Road and the State Route 4 Bypass. (H. Sword/E. Nolthenius).

CONSENT CALENDAR ACTIONS
Motion: Approve Consent Calendar Items 1 - 5, 7, 9 - 10 and 12 as recommended.
Moved by Brockman, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

6. Accept the Parks, Recreation and Trails Master Plan Annual Report. (C. Bronzan)

Motion: accepted the Parks, Recreation and Trails Master Plan Annual Report. (C. Bronzan)
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

8. Waived first reading and introduced Ordinance 816 to add a new Chapter 2.37 to the City of Brentwood Municipal Code related to the role and responsibilities of the Office of the City Attorney and adoption of a Resolution to delete Rule No. 8 from Council Administrative Policy No. 110-1 related to the City Attorney (D. Brower/D. Landeros)

Council Member Taylor stated the issue had not been changed since 1982 and asked to have the wording to change from 4/5ths vote to 2/3rds vote.

Council Member Beckstrand said that since Council changed three of its five members every two years, the 4/5ths vote was appropriate.

Council Member Brockman said that he was in support of the 4/5ths vote and he believed that four out of five Council Members needed to be in agreement.

Vice Mayor Gutierrez said that Council wanted to act in the best interests of the community and that a 4/5ths vote would be appropriate for the decision.

City Attorney, Damien Brower, explained that Council had the option of amending the Municipal Code for either the City Attorney or City Manager and this would not be for the term of his agreement and could change in the future.

Motion: Approve waiving first reading and introducing Ordinance 816 to add a new Chapter 2.37 to the City of Brentwood Municipal Code related to the role and responsibilities of the Office of the City Attorney and waiving full reading and adopting Resolution 2005-260 to delete Rule No. 8 from Council Administrative Policy No. 110-1 related to the City Attorney
Moved by Brockman, seconded by Beckstrand.
Vote: Motion carried 3-1.
Yes: Beckstrand; Brockman; Gutierrez
No: Taylor
Absent: Swisher

11. Approved the appointment of David Wahl to the Brentwood Agricultural Land Trust (BALT) for a three year term expiring October 25, 2008. (R. Brockman)

Motion: Approve the appointment of David Wahl to the Brentwood Agricultural Land Trust (BALT) for a three year term expiring October 25, 2008.
Moved by Beckstrand, seconded by Brockman.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

OLD BUSINESS (07:24 PM)
13. East Contra Costa County Habitat Conservation Plan Informational Update. (H. Sword/W. Rhodes)

Senior Planner, Winston Rhodes, presented a staff report.

John Kopchick, Contra Costa County, presented a power point presentation explaining the Habitat Conservation Plan, which was adapting to land use changes and intended to simplify the permit process. After receiving local approvals, there were permits to be obtained from various agencies and he was trying to compress all the interagency permitting into a streamlined process. He had outlined projects that permits would be obtained for over the next 30 years.

NEW BUSINESS (07:34 PM)
14. Set a special public hearing date of Wednesday, November 16, 2005, at 6:00 pm for the City Council to hear public testimony and consider approval of the Downtown Specific Plan. (H. Sword/G. Rozenski)

Director of Community Development, Howard Sword, presented a staff report, noting that staff requested Council set a special public hearing on Wednesday, November 16, 2005 at 6:00 p.m. to consider Planning Commission recommendations regarding the Downtown Specific Plan.

Motion: Approve setting the special public hearing date of Wednesday, November 16, 2005, at 6:00 pm for the City Council to hear public testimony and consider approval of the Downtown Specific Plan.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

INFORMATIONAL REPORTS FROM STAFF - No action required (07:35 PM)

15. Informational Report on Subdivision No. 8808, St. Martin Place, developed by Mark Taylor, located at 1985 Grant Street, east of Fairview Avenue, west of Minnesota Avenue; Final Map Approval. (M. Wimberly)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (07:35 PM)

Council Member Brockman said that John Muir Historical Trust had a fundraiser, which raised $50,000 for restoration. The BALT Committee had come across direction to continue to research and market.

Council Member Taylor said that, in light of the recent hurricanes, residents have expressed concern with the levies that surround the Delta and the impact a break could have on the City.

City Manager, Donna Landeros, said that she had attended a workshop sponsored by Sentator Tom Torlakson. The workshop showed the importance of the Delta as a statewide water source, regional transportation and utilities. She requested the power point presentations used for the workshop be submitted and she would distribute them to Council. This was part of a bill that Senator Torlakson would sponsor and with about one billion dollars to be specifically used in the Delta region. Department of Water Resources would be prioritizing which properties would be protected. The forum did not cover the specifics of emergency response, which would be brought back to Council as separate information.

REQUESTS FOR FUTURE AGENDA ITEMS (07:40 PM)

Council Member Gutierrez requested a status report on options and future needs for a senior center.

ADJOURNMENT (07:41 PM)
Motion: Approve adjournment.
Moved by Taylor, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

Respectfully Submitted,
 

Cynthia Garcia, CMC
Assistant City Clerk