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ITEM 1
CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, AUGUST 08, 2006
COUNCIL CHAMBER, 7:00 P.M.
CALL TO ORDER (07:00 PM)
Roll Call
Present: Beckstrand; Brockman; Gutierrez; Swisher; Taylor
PRESENTATIONS (07:02 PM)
A. Recognizing City of Brentwood Youth Commissioner Belen Sidhu for her
dedication and service to the Youth Commission. (C. Bronzan/T. Burt)
Council Member, Ana Gutierrez, presented the plaque to Belen Sidhu, and said
her dedication of time meant a lot and she wished her the brightest future.
B. New Employee Introductions (K. Chew)
Director of Community Development, Howard Sword, introduced Steven Knight,
Building Inspector II.
Police Chief, Michael Davies, introduced Catrice Owens-Swift, Community
Service Officer I in the Police Department.
Mayor Swisher administered the Oath of Allegiance.
AGENDA REVIEW - None (07:10 PM)
CITIZEN COMMENTS (07:10 PM)
County Supervisor, Mary Piepho, introduced the new Interim Fire Cheif, Bill
Wisegerber, as approved by the County Board of Supervisors, July 3, 2006.
The appointment provided the Fire District with the leadership necessary to
meet the current operational challenges.
Interim Fire Chief, Bill Wisegerber, and said he looked forward to working
with Council in shaping the future of Fire protection in the East Contra
Costa District and providing the highest level of service possible.
Greg Robinson and Lillian Navarette, invited Council Members to the second
annual Service Clubs Unite, a fundraiser for Sutter Delta, to be held August
26, 2006 at the Veterans Hall. Tickets cost $35 and dinner would be served.
Greg Robinson said he was on the Police Activies League Board, and the first
annual skateboard competition would be held at Veterans Park for ages 8 to
18 on September 9, 2006. Two more judges were needed for the competition.
CONSENT CALENDAR (07:22 PM)
1. Approved minutes of the City Council/Redevelopment Agency meeting held
July 25, 2006. (M. Wimberly)
2. Accepted resignation of Arts Commissioners, Kermit Sveen and Patricia
Lacy-Rankin. (C. Bronzan/R. Burr-Siegel)
3. Adopted Resolution 2006-178 approving the execution of a Correction Grant
Deed to Golden Hills Community Church, Inc., related to the Lone Tree Way
Widening - Segments 1 & 2, CIP Project No. 336-3127 previously known as
Northwest Quadrant Infrastructure project, CIP Project No. 336-3127. (B.
Grewal/M. Sullivan)
4. Adopted Resolution 2006-179 accepting Improvements associated with the
southern phase of the Lone Oak Road, Lone Oak Court and Saddle Creek Court
Sewer and Water Improvements, as part of the Lone Oak Road Utility
Improvements, CIP Project No. 336-3166, constructed by Brentwood Sand Creek
Partners, LLC, (Lennar Homes). (B. Grewal/B. Bornstein)
Council Member Beckstrand abstained on Item 4 due to the project proximity
to her primary residence. Mayor Swisher also abstained on Item 4.
5. Adopted Resolution 2006-180 approving, and authorizing the City Manager
to sign a memorandum of understanding for non-exclusive police facility use
between the Brentwood Police Department and the California Highway Patrol.
(M. Davies/J. Martinez)
6. Adopted Resolution 2006-181 approving and authorizing the City Manager to
execute a Reimbursement Agreement with Signature Properties for Slurry Seal
and Signing and Striping Improvements on Balfour Road (Subdivision No. 8627)
in the amount of $16,774.78, plus a 10% contingency, for a total amount of
$18,452.26. (B. Grewal/T. Wooten)
Mayor Swisher abstained on Item 6.
7. Adopted Resolution 2006-182 designating Councilmember Robert Taylor as
the voting delegate for the League of California Cities Annual Conference
(K. Chew/M. Wimberly)
8. Adopted Resolution 2006-183 supporting League of California Cities
Resolutions related to 1) Annual Conference Proceedings, 2) the number of
alternate voting delegates a city may designate, 3) encouraging health and
wellness in cities, and 4) the forfeiture of vehicles used in illegal speed
contests and exhibitions of speed to be considered at the business meeting
scheduled for September 9, 2006 (K. Chew/M. Wimberly)
9. Adopted Resolution 2006-184 approving and authorizing the City Manager to
execute Amendment One to the Agreement for Brentwood Water Distribution
Telemetry / SCADA System and Amendment Two to the Agreement for Professional
Services of FluidIQs, Inc. (formerly known as Control Manufacturing Company,
Inc.) for Water Distribution Telemetry / SCADA System and Well Disinfection
System Upgrade, CIP Project No.’s 562-5620 and 562-5624. (B. Grewal/P.
Eldredge)
10. Adopted Resolution 2006-185 approving and authorizing the City Manager
to execute a Construction Contract and necessary documents for the
Communication Tower located at the Police Department, 9100 Brentwood Blvd.,
CIP Project No. 337-3708 to L.D. Strobal Inc. in the amount of $374,399 +
10% contingency for a total amount of $411,383.90. (P. Ehler/Y. Cho)
11. Adopted Resolution 2006-186 authorizing the City Engineer to temporarily
close Dynasty Drive from Neroly Road to Alexander Way from approximately
August 15, 2006 to November 15, 2006 for Pulte Homes to facilitate necessary
improvements to Neroly Road and authorize the City Engineer to extend the
closure beyond November 15, 2006, should deemed necessary to complete these
improvements. (B. Grewal/P. Eldredge)
12. Adopted Resolution 2006-187 approving and authorizing the City Manager
or her designee to direct the City Clerk to file notices of completion for
improvement projects up to $50,000 not awarded by City Council, per the
City’s purchasing policy. (B. Grewal/P. Eldredge)
13. Adopted Resolution 2006-188 approving and authorizing the City Manager
to sign an Affordable Housing Agreement between the City of Brentwood and
Horace Siino for Subdivision 8701. (H. Sword/ E. Bonneville/ K. Reed)
14. Approved RDA Warrant List dated August 8, 2006. (P. Ehler/L. Schelbert)
CONSENT CALENDAR ACTIONS (07:23 PM)
Motion: Approve Consent Calendar Items 1 - 14 as recommended. Mayor Swisher
and Council Member Beckstrand abstained on Item 4. Mayor Swisher abstained
on Item 6.
Moved by Brockman, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor
PUBLIC HEARINGS (07:23 PM)
15. Adopt a Resolution approving an RGMP application for 9 allocations in
the 2nd half of Calendar Year 2006 to Pulte Homes in accordance with the
Residential Growth Management Program. (H. Sword/J. Zilm)
Senior Planner, Jeff Zilm, presented a staff report and said this was the
only RGMP application submitted in the second half of the year. With 189
allocations given in first half of the year, there were 211 left for the
second half of the year. Since Pulte was the only application and requested
nine allocations, there would be 202 units that were not allocated for the
remainder of the year. Staff RGMP evaluation committee recommeded Council
grant the RGMP allocations for this part of the project.
Mayor Swisher opened the public hearing.
Roger Miller, Pulte Home Corporation, thanked staff for an outstanding job
and said he was in agreement with the report. He requested approval of the
RGMP allocations.
Mayor Swisher asked why nine units.
Mr. Miller said Pulte had applied for 103 units and the affordable units had
been taken care of through the Housing Department. The nine units were the
remaining untis.
Motion: Approve closing the public hearing.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor
Council Member Gutierrez asked how the ten percent worked with regard to the
affordable housing units.
Senior Planner, Jeff Zilm, said out of the ten that were required, that was
the maximum that would be done. Under the Housing Ordinance, it allowed
three percent affordable.
Director of Community Development, Howard Sword, explained the preferred
balance with regard to the Housing Ordinance and said not all the units
would be built on site. There was a bit of inconsistency in the
interpretation. What was intended was the 102 units allotted would be marked
rate units because the affordable units would be exempt from the RGMP. There
was staff inconsistency in the interpretation.
Council Member Gutierrez asked to correct the inconsistencies.
Senior Planner, Jeff Zilm, said revisions would be brought back to Council
in January 2007.
Council Member Gutierrez asked about the energy efficiency section in the
RGMP.
Senior Planner, Jeff Zilm, said there was a variety of options available,
such as windows, whole house fans, insulation used and other items, and for
every category checked off, a certain number of points were earned.
Council Member Gutierrez requested a copy of available options and Senior
Planner, Jeff Zilm, said it had to do with the construction of the home and
a copy would be provided to Council.
Council Member Brockman commented that Council, Planning Commissioners and
staff had tried to resolve the issue and work out the inconsistencies.
Council Member Taylor said it was requested by Pulte that the City had a
consistent program in the future.
Motion: Adopt Resolution 2006-189 approving an RGMP application for 9
allocations in the 2nd half of Calendar Year 2006 to Pulte Homes in
accordance with the Residential Growth Management Program.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor
OLD BUSINESS (07:33 PM)
16. Adopt a Resolution approving and authorizing the City Manager to execute
Amendment No. Three with Gray-Bowen and Company, Inc., to increase the
contract amount $25,000, plus a 10% contingency, for short and long term
strategies for Vasco Road and extend the termination date from June 30, 2006
to December 31, 2006. (B. Grewal/P. Eldredge)
Assistant City Engineer, Paul Eldredge, presented a staff report and said
the contract amendment was for $25,000 and the item had been continued from
the previous Council meeting. Staff had returned with the scope of work and
payment for the scope of work was amended.
Council Member Beckstrand said she appreciated reconfiguration of the way
the money was allocated and the conditions for the allocations. It would
prove to be more profitable for the City as far as the progress on projects
and she was in support of the amendment.
Motion: Adopt Resolution 2006-190 approving and authorizing the City Manager
to execute Amendment No. Three with Gray-Bowen and Company, Inc., to
increase the contract amount $25,000, plus a 10% contingency, for short and
long term strategies for Vasco Road and extend the termination date from
June 30, 2006 to December 31, 2006.
Moved by Gutierrez, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor
NEW BUSINESS (07:35 PM)
17. Adopt a Resolution approving a third amendment to the Purchase Agreement
between the City and R Brothers Concrete for an Extension of the City’s
Option to Repurchase period by three hundred (300) days for issuance of
Building Permits for site at Sunset Industrial Complex, for a reduction by
three hundred (300) days for issuance of a Certificate of Occupancy, and
direct staff to take actions and authorize the City Manager to execute
documents necessary for the amendment. (H. Sword/G. Rozenski)
Director of Community Development, Howard Sword, presented a staff report
and said R Brothers had requested an additional 90-day extension of the
re-purchase option, for a total of 300-days. R Brothers had submitted all
necessary plans and had made good faith efforts to pursue the development.
Staff recommended Council approve Amendment No. 3 to extend the original 18
month period to pull building permits by 300 days, ten months, for R
Brothers Concrete and staff recommended the 18 month period for the
certificate of occupancy be reduced by 300 days, ten months, keeping the
development on site, on course with other buyers. R Brothers had agreed to
the condition, which meant a commitment to work through the winter months to
complete the project. Staff had requested R Brothers submit a second letter
of financial capability to complete the proposed project.
Beverly Morgan, R Brothers, said R Brothers was very interested in the
project and had switched from a steel building to wood to assist with the
time frame.
Council Member Taylor said R Brothers had no control over the weather and
asked about the time frame.
Director of Community Development, Howard Sword, said staff wanted to see
the project built as soon as possible and it was an appropriate time frame.
If there were extraordinary weather conditions, staff may request that an
extension be granted.
Ms. Morgan said R Brothers would like to pull the permit as soon as
possible.
Motion: Adopt Resolution 2006-191 approving a third amendment to the
Purchase Agreement between the City and R Brothers Concrete for an Extension
of the City’s Option to Repurchase period by three hundred (300) days for
issuance of Building Permits for site at Sunset Industrial Complex, for a
reduction by three hundred (300) days for issuance of a Certificate of
Occupancy, and direct staff to take actions and authorize the City Manager
to execute documents necessary for the amendment.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor
18. Authorize any member or members of the City Council to submit an
argument in favor of the Measure related to the term of office for Mayor for
the November 7, 2006, election.
Mayor Swisher said this would change the term from two to four years. He
would be writing the argument if it was acceptable to the Council and it
needed to be filed by August 14, 2006.
City Clerk, Margaret Wimberly, said the item was also to see who on the
Council would be willing to sign the argument.
Council Members Gutierrez and Taylor and Mayor Swisher were willing to sign.
Motion: Authorize Council Members Taylor and Gutierrez and Mayor Swisher to
sign and submit an argument in favor for the Measure related to the term of
office for Mayor for the November 7, 2006, election.
Moved by Swisher, seconded by Taylor.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor
INFORMATIONAL REPORTS FROM STAFF - None (07:42 PM)
INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (07:42 PM)
Council Member Taylor said reporter, Tanya Rose, was moving to the Contra
Costa Times in Concord and said she had done a marvelous job.
Council Member Beckstrand hoped headway would be made on Segment 3 of the
Highway 4 Bypass and she hoped it would get underway.
REQUESTS FOR FUTURE AGENDA ITEMS (07:45 PM)
Council Member Gutierrez asked that any inconsistencies in the inclusionary
housing ordinance be cleared up before another RGMP appplication went before
Council. She also asked about other alternatives for enery use. In an effort
for reduction of reliance on fossile based energy sources. She asked to
understand what type of opportunities the City had in new and/or existing
residential and commercial developments where other energy sources like
solar energy or hydroelectric power could be incorporated and how it would
fit with City policy.
Director of Community Development, Howard Sword, said staff had been working
on the issue. Other jurisdictions in the region had instituted requirements
for residential construction and staff could give Council a preliminary
report and see if Council would be interested in pursuing the issue.
Director of Community Development, Howard Sword, said staff would do that
and the inconsistency was in the RGMP.
City Manager, Donna Landeros, said staff would bring back an informational
report on what the options and alternatives were and there would be no
recommendations.
Council Member Gutierrez asked for recommendations and would like an
analysis on what options could be pursued and not be pursued.
Mayor Swisher said the report would be informational and requested a
workshop and said this had ramifications.
Council Member Taylor said there were businesses to consider and this could
be expensive.
Council Member Gutierrez said she agreed with Mayor Swisher and would like
to see what steps could be taken in terms of workshops.
ADJOURNMENT (07:51 PM)
Motion: Council Member Taylor requested the meeting be adjourned in honor of
Joseph Graves, a U.S. Army Specialist, who was killed in Iraq at the age of
21. Joseph was a Liberty High School graduate and gave the ultimate
sacrifice for his Country. Council Member Beckstrand commented that Joseph
had graduated with her son, Brandon, in 2003.
Moved by Taylor, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor
Respectfully submitted,
Cynthia Garcia, CMC
Assistant City Clerk
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