City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

Meeting Minutes


 

CITY OF BRENTWOOD
CITY COUNCIL/REDEVELOPMENT AGENCY/BRENTWOOD INFRASTRUCTURE FINANCING AUTHORITY MEETING MINUTES
TUESDAY, JULY 11, 2006
COUNCIL CHAMBER, 7:00 P.M.

CALL TO ORDER (5:30 PM)

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

CITIZEN COMMENTS - None (5:31 PM)

1. City Council Closed Session pursuant to Government Code Section 54956.8 CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Property: Approximately a ½ acre portion of property at APN: 013-041-006. Negotiating Party: Dan Smith. City Negotiators: Howard Sword/Donna Landeros/Bailey Grewal. Under Negotiation: Price and terms of payment.

2. City Council Closed Session pursuant to Government Code Section 54956.8 CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Properties: a) APN 010-160-009 and b) APN 010-160-018. Negotiating Parties: a) Brent Aasen and b) Jo Ann Ghiggeri and Andrew Ghiggeri. City Negotiators: Howard Sword/Donna Landeros/Bailey Grewal. Under Negotiation: Price and terms of payment.

3. City Council Closed Session pursuant to Government Code 54957.6: CONFERENCE WITH LABOR NEGOTIATOR. City’s Negotiator: Brian Swisher. Unrepresented Employee: City Manager.

ADJOURN TO CLOSED SESSION (5:32 PM)

At 5:34 PM, Council Member Gutierrez joined the Closed Session.

RECONVENE IN OPEN SESSION - 734 Third Street, Brentwood, CA 94513 (7:00 PM)
Roll Call
Present: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

REPORT ON CLOSED SESSION - None (07:00 PM)

PRESENTATIONS (07:00 PM)

A) Recognizing Steve Padgett for his service to the Planning Commission.

Mayor Swisher presented the plaque to departing Planning Commissioner, Steve Padgett and spoke about Mr. Padgett's passion for planning in the community. Mr. Padgett accepted the plaque.

B) New Employee Introduction and Oath of Allegiance.

Police Lieutenant, Brian Strock, introduced Police Officer, Miguel Aguiar. Director of Public Works and Engineering, Bailey Grewal, introduced Kristopher Vickers, Wastewater Treatment Plant Operator III.

C) Update by Delta Community Services Inc. (DCSI) on their annual report for fiscal year 2005/2006. (Barbara Guise)

Barbara Guise, presented the Delta Community Services, Inc., (DCSI) update and said DCSI had provided vouchers for weekly food baskets for low income families and helped citizens with donated furniture, appliances, clothing, toys, and groceries. DCSI assisted low income seniors in the community by donating home repairs and finding work for seniors in home care. DCSI needed more money and had held fundraisers

AGENDA REVIEW (07:12 PM)

Item 9 - Request by staff to pull and postpone Item 9 to the meeting of July 25, 2006.

Item 10 - Request by staff to pull and postpone Item 10 to the meeting of July 25, 2006.

Item 18 -Revised definition of “Major repairs” in the proposed ordinance.

Motion: Approve Agenda Review for Items 9, 10 and 18 as recommended.
Moved by Gutierrez, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

CITIZEN COMMENTS (07:13 PM)

Bill Putman, representative of Delta Community Services, Inc.(DCSI), said DCSI would be providing visits to farms and the Nunn Packing Plant, with Tri Delta Transit proividing buses and tickets were $11 or two for $20.

CONSENT CALENDAR (07:14 PM)

1. PULLED FOR DISCUSSION - Approve minutes of the City Council/Redevelopment Agency meeting held June 27, 2006; and approved minutes of the special City Council meetings held June 15, 2006 and June 22, 2006 and minutes of the Brentwood Infrastructure Financing Authority meeting held July 12, 2005. (M. Wimberly)

2. Redevelopment Agency - Adopted Resolution RDA-113 approving and authorizing the Executive Director or her designee to execute a Grant Deed and such other documents as may be needed to convey Redevelopment Agency Owned property to the City of Brentwood generally located at Gregory Lane. (H.Sword/G. Rozenski)

3. PULLED FOR DISCUSSION - Approve the selection of a purchase proposal for 2010 Elkins Way at Sunset Industrial Complex based on Council-approved Sales Strategy Criteria Ranking (H. Sword/G. Rozenski)

4. Adopted Resolution 2006-159 approving and authorizing the City Manager or her designee to execute a purchase order for Road Spot wireless lighted crosswalk equipment from Spot Devices, Inc. in an amount of $56,321.39, plus a 10% contingency, for a total amount of $61,953.53, for the Bicycle and Pedestrian Safety Program, CIP Project No. 336-3157. (B. Grewal/T. Wooten)

5. Waived second reading and adopted Ordinance No. 829 approving a Development Agreement (DA 04-02) to govern the phasing, development and construction of the Bridle Gate project, a 134-acre site to consist of 166 single-family residences, two public parks totaling just over five acres, three open space parcels totaling just over 42 acres, and a 34.58-acre parcel for future mixed-use business park and regional commercial uses. The project site is located both north and south of the Sand Creek Road extension, directly west of the State Route 4 Bypass. (H. Sword/E. Nolthenius)

Mayor Swisher abstained on Item 5.

6. Waived second reading and adopted Ordinance No. 830 for a Rezone (RZ 06-02) to amend the PD-26 Zone to include development standards for Planning Area 16 in order to develop 102 single family dwellings and four affordable housing dwellings or a total of 106 residential units on ?38 acres for Pulte Homes Carmel Estates Project. (H. Sword/J. Zilm)

Mayor Swisher abstained on Item 6.

7. Waived second reading and adopted Ordinance No. 831 for a Rezone (RZ 05-22) to change the zoning from Planned Development 38 Subarea B to Planned Development 38 Subarea E in order to adopt specific uses and development standards for a 10-acre site generally located north of Lone Tree Way and east of Empire Avenue between the Lone Tree Center and the Acorn Self Storage developments. (H. Sword/D. Hill)

8. Waived second reading and adopted Ordinance No. 832 for a minor modification to Ordinance No. 772 limited to correct inconsistencies in the City’s zoning ordinance resulting from the expiration of the temporary prohibition on new movie theaters imposed by that action, and restore the City’s 2004 zoning requirements relating to motion picture theaters in the following zoning designations: Movie theaters as a permitted use in 1) Planned Development 6 (PD-6), Planning Areas - Regional Commercial and Office Commercial, and 2) Planned Development 16 (PD-16), Subarea A. (H. Sword/H. Kline)

9. REMOVED FROM THE AGENDA PER AGENDA REVIEW AND CONTINUTED TO JULY 25, 2006 -Adopt a Resolution approving and authorizing the City Manager to execute a Reimbursement Agreement with Brentwood Sand Creek Partners, LLC, Subdivision No. 8788, for costs associated with northern phase of the Lone Oak Road, and Gracie Lane Sewer and Water Improvements. (B. Grewal/B. Bornstein)

10. REMOVED FROM THE AGENDA PER AGENDA REVIEW AND CONTINUTED TO JULY 25, 2006 - Redevelopment Agency - Adopt a Resolution authorizing the Agency Treasurer to appropriate funds from the Redevelopment Agency of the City of Brentwood Tax Allocation Bonds, Series 2001, to fund a Reimbursement Agreement with Brentwood Sand Creek Partners, LLC, Subdivision No. 8788, for the northern phase of Lone Oak Road Utility Improvements in the amount of $1,643,000. (H. Sword/G. Rozenski)

11. Adopted Resolution 2006-160 accepting Improvements for Signature Properties Subdivision No. 8425, located south of Chestnut Street and west of Garin Parkway. (B. Grewal/D. Galey)

Mayor Swisher abstained on Item 11.

12. Adopted Resolution 2006-161 for the renewal of a one-year grant request from Delta Community Services, Inc. for $24,000 for fiscal year 2006/07 to provide social services representation for the community. (C. Bronzan)

13. Adopted Resolution 2006-162 establishing a policy and procedure for granting priority water and sewer services to proposed developments that include affordable housing units. (B. Grewal/P. Eldredge)

14. Adopted Resolution 2006-163 approving and authorizing the City Manager to execute, Purchase Orders and/or Agreements, after approval as to form by the City Attorney, for the not-to-exceed dollar amounts detailed on the attached Exhibit "A". (P.Ehler/B. Bridgen)

15. Adopted Resolution 2006-164 authorizing an expenditure and budget amendment from the City’s Agricultural Land fund in the amount of $305,000 for the purchase of an agricultural conservation easement at 510 Hoffman Lane (H. Sword/L. Maurer)

CONSENT CALENDAR ACTIONS (07:15 PM)

Motion: Approve Consent Calendar Items 1B - 2, 4 - 8 and 11 - 15 as recommended. Items 1A and 3 pulled for discussion. Items 9 and 10 removed from the agenda and continued to July 25, 2006. Mayor Swisher abstained on Items 5, 6 and 11.
The Clerk read the titles of Ordinances 829, 830, 831 and 832.
Moved by Brockman, seconded by Beckstrand.

Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

1A. Approve minutes of the City Council/Redevelopment Agency meeting held June 27, 2006.

Motion: Approve minutes of the City Council/Redevelopment Agency meeting held June 27, 2006.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Swisher; Taylor
Abstain: Gutierrez

3. Approve the selection of a purchase proposal for 2010 Elkins Way at Sunset Industrial Complex based on Council-approved Sales Strategy Criteria Ranking (H. Sword/G. Rozenski)

Council Member Brockman declared a conflict of interest since his property was adjacent to 2010 Elkins Way and left the Council Chamber.

Karen Kendall expressed concerns about the point system and said there was not special consideration for the Downtown or Brentwood Boulevard Plan area. She felt she would be tied for points and felt she was being penalized. The Subcommittee had stated that Kendall would have been the choice for the spot and was better suited in a secluded location. She asked Council to consider the verbal recommendations of the Subcommittee and the 2004 Subcommittee.

Kevin Vornhagen said he needed 20,000 square feet to house his business. The Police Department area had 10,000 feet for his business but he needed more space and did not want to use two buildings since it was not cost effective. He felt frontage was important and as far as the body shop being an eyesore, he had tried to keep his facility nice, clean and organized. He spoke about the point system and said he honored Council decision

Mayor Swisher said Council had approved the point system that had been set forth. He asked what happended to the one acre parcel and recommended that it be offered to the next candidate on the 2004 list and if not, the 2006 list so this did not happen for the next parcel.

Redevelopment Manager, Gina Rozenski, said should Mr. Vornhagen be selected, he would cancel the escrow for 385 Carrol Court, which was the one-acre site, and staff would return on July 25, 2006 to outline options available to the Council for the sale of 385 Carrol Court and to set the sales price. She presented options to Council.

Council Member Gutierrez said rules could not be changed mid-process and it would be unfair. Options could not be explored next time and she spoke about the diligence of the Kendalls in the process.

Annette Beckstrand said she agreed with Council Member Gutierrez and said the Kendalls had worked hard. Council had the point system and procedure and stuck to the policy established. She looked forward to discussing options at the next Council meeting.

Council Member Taylor commented both businesses were professional and respected in the Community.

Motion: Approve the selection of a purchase proposal for 2010 Elkins Way at Sunset Industrial Complex based on Council-approved Sales Strategy Criteria Ranking.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Abstain: Brockman

PUBLIC HEARINGS (07:34 PM)

16. Consideration of the following Resolutions pertaining to utility standby charges: (1) Adopt a Resolution renewing the annual sewer service standby charge on vacant parcels of land within the City limits for Fiscal Year 2006-07, assessing the charge, and declaring that the charge be collected as part of the annual property tax bill. (2) Adopt a Resolution renewing the annual water service standby charge on vacant parcels of land within the City limits for Fiscal Year 2006-07, assessing the charge, and declaring that the charge be collected as part of the annual property tax bill. (B. Grewal/D. Galey)

Management Analyst, Debra Galey, presented a staff report, stating this was the annual renewal of the water and sewer service standby charges. Charges were levied on vacant residential and commercial zoned property, as well as vacant parcels with entitlements, until building permits were issued.

Mayor Swisher opened the public hearing.

Motion: Approve closing the public hearing.
Moved by Taylor, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Abstain: Brockman

Motion: Approve the following Resolutions pertaining to utility standby charges: (1) Adopted Resolution 2006-165 renewing the annual sewer service standby charge on vacant parcels of land within the City limits for Fiscal Year 2006-07, assessing the charge, and declaring that the charge be collected as part of the annual property tax bill. (2) Adopted Resolution 2006-166 renewing the annual water service standby charge on vacant parcels of land within the City limits for Fiscal Year 2006-07, assessing the charge, and declaring that the charge be collected as part of the annual property tax bill.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

17. Introduce and waive the first reading of an Ordinance approving a Rezone (RZ 06-08) to reduce the minimum building setbacks within Subarea "B" of the PD-35 Zone, in order to accommodate the Empire Crossings project, located directly south of Lone Tree Way and directly west of Empire Avenue surrounding the ARCO gas station and AM/PM convenience store. (H. Sword/E. Nolthenius)

Senior Planner, Erik Nolthenius, presented a staff report and said Planning Commission had considered the project on June 20, 2006, as part of the rezone and design review and recommended approval. Staff also recommended approval of the rezone.

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: Introduced and waived first reading of Ordinance 833 approving a Rezone (RZ 06-08) to reduce the minimum building setbacks within Subarea "B" of the PD-35 Zone, in order to accommodate the Empire Crossings project, located directly south of Lone Tree Way and directly west of Empire Avenue surrounding the ARCO gas station and AM/PM convenience store.
The City Clerk read the title of Ordinance 833.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

18. Introduce and waive the first reading of an Ordinance to regulate vehicle and boat repair in residential zones, and add a new Chapter 10.23 to the Brentwood Municipal Code. (H. Sword/B. Arteaga)

Senior Code Enforcement Officer, Berenice Arteaga, presented a staff report and said Council had suggested sections of the Ordinance be amended at thier meeting of June 14, 2006. She explained that 48 hours had been changed to 72 hours and the daily start and finish times permitted for both routine and major repairs had been removed. She asked if a major vehicle repair were to take place, that it take place in the garage. A minor repair could be done in the driveway and if it took longer than 72 hours, it needed to be done in the garage.

City Attorney, Damien Brower, stated the public hearing had been opened and closed and Council could re-open the hearing but was not required to do so.

Mayor Swisher said he was in support of the Ordinance and said it would assist in maintaining the City’s aesthetic view.

Motion: Introduce and waive the first reading of Ordinance 834 to regulate vehicle and boat repair in residential zones, and add a new Chapter 10.23 to the Brentwood Municipal Code.
Moved by Swisher, seconded by Beckstrand.

Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

19. Consideration of Resolutions pertaining to the approval and formation of CIFP 2006-1 and Assessment District No. 2006-1: (1) Adopt a Resolution approving Capital Improvement Financing Plan 2006-1 and acknowledging certain findings of the City Manager in accordance with Title 17.805 of the Brentwood Municipal Code. (2) Adopt a Resolution approving an amended boundary map; overruling protests; approving the Final Engineer’s Report and Assessments; ordering acquisition and/or construction of improvements and levying assessments. (3) Adopt a Resolution of the City Council of the City of Brentwood determining significant public benefits to the City of Brentwood from the sale of local obligations to the Brentwood Infrastructure Financing Authority; providing for the issuance and sale of the City of Brentwood Limited Obligation Improvement Bonds, Assessment District No. 2006-1; approving the forms and substance of a Trust Agreement, a Local Obligation Purchase Contract; a Preliminary Official Statement and an Official Statement; a Continuing Disclosure Agreement and the Funding and Acquisition Agreements; and authorizing related actions and the execution of related documents to implement the proposed financing plan. (B. Grewal/D. Galey)

Council Member Brockman declared a conflict and left the Council Chamber for the remainder of the meeting.

Management Analyst, Debra Galey, presented a staff report and said the CIFP included four residential projects, representing 800 residential lots and four existing property owners. The infrastructure identified for construction and funding included Garin Parkway between Sunset Road and Sycamore Avenue, Sand Creek Road west of the Bypass, Lone Tree Way, east of O’Hara Avenue and a portion of O’Hara Avenue north of Lone Tree Way, The public hearing and Resolutions were final steps for the approval of the CIFP and authorization of the sale of the bonds.

Mayor Swisher opened the public hearing.

Barbara Guise, representative of the Cemetery District, said the Cemetery District was trying to purchase property for an expansion of the cemetery which would be needed in the future. The City needed to look into fees to add to capital improvements to help the cemetery district purchase property.

Motion: Approve closing the public hearing.
Moved by Beckstrand, seconded by Gutierrez.

Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Abstain: Brockman

Council Member Beckstrand said the financing funded the building of the Bypass and would fund future improvements to Vasco Road and other regional transportation projects. The City was the only in east County responsible for regional improvements. Other cities had not come on board and she was glad the City was forward thinking.

Approving the adoption of the following Resolutions pertaining to the approval and formation of CIFP 2006-1 and Assessment District No. 2006-1:

Motion: Adopt Resolution 2006-167 approving Capital Improvement Financing Plan 2006-1 and acknowledging certain findings of the City Manager in accordance with Title 17.805 of the Brentwood Municipal Code.
Moved by Gutierrez, seconded by Swisher.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Abstain: Brockman

Motion: Adopt Resolution 2006-168 approving an amended boundary map; overruling protests; approving the Final Engineer’s Report and Assessments; ordering acquisition and/or construction of improvements and levying assessments.
Moved by Gutierrez, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Abstain: Brockman

Motion: Adopt Resolution 2006-169 of the City Council of the City of Brentwood determining significant public benefits to the City of Brentwood from the sale of local obligations to the Brentwood Infrastructure Financing Authority; providing for the issuance and sale of the City of Brentwood Limited Obligation Improvement Bonds, Assessment District No. 2006-1; approving the forms and substance of a Trust Agreement, a Local Obligation Purchase Contract; a Preliminary Official Statement and an Official Statement; a Continuing Disclosure Agreement and the Funding and Acquisition Agreements; and authorizing related actions and the execution of related documents to implement the proposed financing plan.
Moved by Gutierrez, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Abstain: Brockman

NEW BUSINESS (07:53 PM)

20. Brentwood Infrastructure Financing Authority - Adopt a Resolution Authorizing the Issuance, Sale and Delivery of Not to Exceed $20,000,000 CIFP 2006-1 Infrastructure Revenue Bonds, Series 2006-1, and the Execution and Delivery of a Trust Agreement, an Official Statement, a Local Obligation Purchase Contract, a Bond Purchase Contract and certain other actions in connection with the issuance and sale of such bonds. (B. Grewal/D. Galey)

Management Analyst, Debra Galey, presented a staff report and stated that since the CIFP-1 had been formed and the Engineer’s Report approved, approving public hearing Item 20 would allow the issuance of the bonds.

Motion: Adopt Resolution BIFA-15 authorizing the Issuance, Sale and Delivery of Not to Exceed $20,000,000 CIFP 2006-1 Infrastructure Revenue Bonds, Series 2006-1, and the Execution and Delivery of a Trust Agreement, an Official Statement, a Local Obligation Purchase Contract, a Bond Purchase Contract and certain other actions in connection with the issuance and sale of such bonds. (B. Grewal/D. Galey)
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Abstain: Brockman

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (07:56 PM)

Council Member Taylor spoke about Cornfest and the City booth.

Council Member Gutierrez said she felt the earlier closing of the Cornfest made a positive difference.

Council Member Beckstrand said Cornfest felt like the first year she had attended.

REQUESTS FOR FUTURE AGENDA ITEMS - None (07:58 PM)

ADJOURNMENT (07:58 PM)

Motion: Approve adjournment.
Moved by Taylor, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Abstain: Brockman

Respectfully submitted,

Cynthia Garcia, CMC
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