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Meeting Minutes

CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, JUNE 12, 2007
COUNCIL CHAMBER, 7:00 P.M.

CALL TO ORDER (5:32 PM)

Roll Call
Present: Becnel; Richey; Stonebarger; Taylor
Absent: Brockman

PUBLIC COMMENTS (5:32 PM)

WORKSHOP (5:33 PM)

Conduct workshop to discuss and provide direction concerning Fire Service for the City of Brentwood (D. Landeros/P. Ehler)

At 6:17 PM, Council Member Brockman joined the Council at the dais.

RECESS CITY COUNCIL (6:49 PM)

RECONVENE CITY COUNCIL/CALL TO ORDER REDEVELOPMENT AGENCY (06:59 PM)

Roll Call
Present: Becnel; Brockman; Richey; Stonebarger; Taylor

PLEDGE OF ALLEGIANCE (06:59 PM)

Mayor Taylor thanked Contra Costa Times Reporter, Erin Sherbert, who would no longer be covering City Council meetings.

PRESENTATIONS (07:00 PM)

a. Presentation of a safety award to the City from Municipal Pooling Authority and recognition of Antoinette Skillman and Kelly Warren’s efforts on behalf of the City. (K. Chew/P. Standley)

Charles Boetteger, Municipal Pooling Authority, spoke regarding prevention and best practices risk control activities. He recognized City Employees, Antoinette Skillman and Kelly Warren, for excellence in the level one of Loss Control Credit Program and he presented an award to the City.

b. 2006/2007 Year in Review and next steps for the Brentwood Youth Commission (C Bronzan/B. Gary)

Youth Commission Chair, Belinda Ordaz, introduced the following members of the Youth Commission’s Executive Committee: Taylor Brinkman, Vice Chair, Leah Hocking, Treasurer, and Matthew Strauss, Secretary. Chair Ordaz and Committee presented the 2006/07 year in review and next steps and guidelines.

Mayor Taylor commended the Youth Commission for their outstanding job in participating in community activity.

c. Recognition of outgoing Youth Commission Members (C Bronzan/B. Gary)

Recreation Supervisor, Barbie Gary, introduced outgoing Youth Commissioners and Adult Advisor.

Mayor Taylor presented plaques to the following outgoing Youth Commissioners: Taylor Brinkman, Stephanie James, (Brianna Swisher was not present to receive her plaque), and Adult Advisor, Kiko Ceja.

d. New Employee Introductions (K. Chew)

City Attorney, Damien Brower, introduced Dolores Magallon, Administrative Assistant II and Director of Community Development, Howard Sword, introduced new Assistant Community Development Director, Casey McCann.

Mayor Taylor administered the Oath of Allegiance to new employees.

PUBLIC COMMENTS (07:25 PM)

Terri Tonge, Assemblyman Guy Houston’s office, said Assemblyman Houston would be at the Brentwood Community Center on June 20, 2007, to speak on the State budget, legislative issues and discuss Vasco Road.

Kent McKenney spoke about issues in his neighborhood and the formation of the neighborhood watch program, which had been denied.

An unidentified women spoke about neighborhood issues and asked for additional police patrols.

Fred Vogelgesang spoke about neighborhood concerns and working with the Police Department regarding the formation of a neighborhood watch committee.

City Manager, Donna Landeros, suggested the item be referred to the Police Chief and City Manager.

Michelle Meyer spoke regarding East Diablo Youth Soccer League and the condition of Sunset Park athletic complex. She presented photos to Council and asked Council to investigate the matter to find a solution.

Victoria Pickett asked Council to contribute to a reward fund in the name of her son, Louis Straiten.

Stephanie Straiten said she felt that there was no better cause than to pay for the reward and asked for donations.

CONSENT CALENDAR (07:56 PM)

1. PULLLED FOR DISCUSSION - Approve minutes of the City Council/Redevelopment Agency meeting of May 22, 2007. (M. Wimberly)

2. Adopted Resolution 2007-131 approving a Consent to Assignment of Purchase Agreement with Kevin Vornhagen for 2010 Elkins Way to Brentwood Sunset 2010, LLC; reconsider action of February 13, 2007, and not waive the Good Faith Deposit provision of the Purchase Agreement with Kevin Vornhagen; approve cancellation of the real estate escrow for 385 Carrol Court with SSAG, Inc.; and waive the Good Faith Deposit provision of the Purchase Agreement related to the cancellation of the real estate escrow for 385 Carrol Court. (H. Sword/G. Rozenski)

Council Member Brockman abstained on Item 2.

3. Approved the commission of an updated land appraisal for 385 Carrol Court at Sunset Industrial Complex and direct staff to undertake a fresh round of requests for purchase proposals as method to select buyer for 385 Carrol Court. (H. Sword/G. Rozenski)
Council Member Brockman abstained on Item 3.

4. PULLED FOR DISCUSSION - Accept the resignation request of Arts Commissioner Ron Beatty, effective June 12, 2007. (C. Bronzan/R. Burr-Siegel)

5. Approved request of Park and Recreation Commissioners to attend the National Recreation & Parks Association (NRPA) annual Congress. (C. Bronzan/K. De Silva)

6. Accepted recommended candidates for City of Brentwood Youth Commission Adult Advisor and Commissioners positions. (C. Bronzan/B. Gary)

7. Set the date of June 26, 2007, to hear an appeal filed by James Heilbronner of Architectural Dimensions of the Planning Commission’s denial of an amendment to a conditional use permit for a master sign program for Brentwood Junction. The Brentwood Junction retail center is located at the northeast corner of the intersection of Lone Tree Way and Empire Avenue. (H. Sword/D. Hill)

8. Adopted Resolution 2007-113 accepting the work performed by Denham Contracting Inc, for Bid Package #3 - Metal Stud and Gypsum at 118 Oak Street for the 118 Oak Street Remodel, CIP Project No. 337-37130, and direct the City Clerk to file the Notice of Completion with the County Recorder. (H. Sword/R. Kidwell)

9. Adopted Resolution 2007-114 approving and authorizing the City Manager to sign an Affordable Housing Agreement between the City of Brentwood and Suncrest Homes 25, LLC a California Limited Liability Corporation for Subdivision 8954 (Prewett Ranch). (H. Sword/E. Bonneville)

10. Adopted Resolution 2007-115 memorializing the City Council action on an appeal filed by Matt Ellison of K&E Properties of the Planning Commission’s denial of an amendment to an approved design review for the City Block retail center to allow for a four-way signalized intersection at the Balfour Road entrance. The center is generally located on the vacant land at the southwest corner of the intersection of Griffith Lane and Balfour Road, west of the In-Shape City fitness center. (H. Sword/D. Hill)

11. Adopted Resolution 2007-116 authorizing the City Manager to execute a change order to the Purchase Order for the updated not-to-exceed amounts listed for Altamont Landfill and Les Schwab Tire Center. (B. Grewal/ C. Ehlers)

12.Adopted Resolution 2007-117 approving and authorizing the City Manager or designee to execute a Purchase Order with Bill Brandt Ford, for three (3) new 2008 Hybrid Ford Escapes, replacement vehicles for the Public Works Department - Engineering Division, in an amount not to exceed $79,313.97. (B. Grewal/P. Eldredge)

13. Adopted Resolution 2007-118 awarding the bid, approving the contract documents and authorizing the City Manager or designee to execute a construction contract and necessary documents for the Brentwood Boulevard Widening - Central, CIP Project No. 336-31490, with Ghilotti Bros., Inc. in the amount of $1,041,383.75, plus a 5% contingency of $52,069.19, for a total amount of $1,093,452.94. (B. Grewal/A. Salam)

14. Adopted Resolution 2007-119 accepting all public improvements for maintenance; accepting the Subdivision Maintenance Bond; and releasing the Subdivision Improvement Securities for Subdivision No. 8675, Rose Garden Phase II, located north of Lone Tree Way and south of Neroly Road, developed by Pulte Homes. (B. Grewal/D. Galey)

15. PULLED FOR DISCUSSION - Adopt a Resolution authorizing acceptance of a California Story Fund grant from the California Council for the Humanities for the 2007 exhibition titled: Shifting Perceptions on the Urban Edge : Putting a Face on Farming in Brentwood. (C. Bronzan/R. Burr-Siegel)

16. Adopted Resolution 2007-120 approving and authorizing the City Manager to execute an Agreement with the City of Antioch to provide dispatch services to the City of Brentwood Police Department (M. Evenson/B. Strock)

17. Adopted Resolution 2007-121 approving and authorizing the City Manager to execute a Purchase order with Bill Brandt Ford for four (4) Ford F-250 ¾ ton pickup trucks in the amount not to exceed $67,172. (C. Bronzan/K. De Silva)

18. Adopted Resolution 2007-122 approving and authorizing the City Manager or designee to execute a Steambed Alteration Agreement with California Department of Fish and Game for the Central Boulevard Bridge widening over Marsh Creek between Dainty Avenue and Griffith Lane. (B. Grewal/J. Dhaliwal)

19. Adopted Resolution 2007-123 approving, and authorizing the Mayor to execute, Amendment Number 2 to the Employment Agreement between the City of Brentwood and Damien Brower, City Attorney. (Mayor R. Taylor/K. Chew)

20. Adopted Resolution 2007-124 for the cancellation of the July 10, 2007, City Council meeting. (K. Chew/M. Wimberly)

21. Agency - Adopted Resolution RDA-124 approving a Purchase and Sale Agreement with William M. Nielsen and Marsha G. Nielsen, Trustors and Trustees of The Nielsen Family Trust dated June 4, 2004, or their authorized representative, for real property identified as 200 Sunset Court, APN 016-010-015, accepting real property on behalf of the Redevelopment Agency and authorizing the Redevelopment Agency’s Executive Director and Agency Secretary or any of their designees to execute the agreement and such other documents as may be needed to complete the transaction including acceptance of the Deed. (H. Sword/G. Rozenski/D. Kwong)

22. Agency - Adopted Resolution RDA-125 authorizing the Agency Treasurer to appropriate funds from the Redevelopment Agency of the City of Brentwood Tax Allocation Bonds, Series 2001, to partially fund the contract with Ghilotti Bros., Inc. for Brentwood Boulevard Widening - Central, CIP 336-31490, in an amount not to exceed $300,000. (H. Sword/G. Rozenski)

23. Agency - Adopted Resolution RDA-126 approving a First Amendment to Industrial Lease with Pct Enterprises, Inc., doing business as Precision Cabinets, L.C., for 400 Guthrie Lane, and authorizing the Executive Director to execute the First Amendment and to execute such other documents as may be needed to complete the First Amendment transaction. (H. Sword/G. Rozenski)

CONSENT CALENDAR ACTIONS (07:57 PM)

Motion: Approve Consent Calendar Items 1 through 23 as recommended, excepting Items 1, 4 and 15. Council Member Brockman abstained on Items 2 and 3.
Moved by Becnel, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

1. Approve minutes of the City Council/Redevelopment Agency meeting of May 22, 2007. (M. Wimberly)

Council Member Becnel requested the vote be changed on the Minutes of May 22, 2007, to reflect his no vote on the last item regarding the gun ban.

Motion: Approve minutes of the City Council/Redevelopment Agency meeting of May 22, 2007, with requested change to the vote on the last item.
Moved by Becnel, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

4. Accept the resignation request of Arts Commissioner Ron Beatty, effective June 12, 2007. (C. Bronzan/R. Burr-Siegel)

Director of Parks and Recreation, Craig Bronzan, said Parks and Recreation recognized the leadership of Ron Beatty and his passion for the arts.

Mayor Taylor presented a plaque in recognition of resigning Arts Commissioner, Ron Beatty.

Motion: Accept the resignation request of Arts Commissioner Ron Beatty, effective June 12, 2007.
Moved by Taylor, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

15. Adopt a Resolution authorizing acceptance of a California Story Fund grant from the California Council for the Humanities for the 2007 exhibition titled: Shifting Perceptions on the Urban Edge: Putting a Face on Farming in Brentwood. (C. Bronzan/R. Burr-Siegel)

Director of Parks and Recreation, Craig Bronzan, said the grant would record a lot of the history related to agriculture.

Arts Manager, Rebekkah Burr-Siegel, presented an overview of the grant opportunity.

Mayor Taylor said it would be good if the news went out since there was a lot of farming in the City.

Motion: Adopt Resolution 2007-125 authorizing acceptance of a California Story Fund grant from the California Council for the Humanities for the 2007 exhibition titled: Shifting Perceptions on the Urban Edge: Putting a Face on Farming in Brentwood.
Moved by Taylor, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

PUBLIC HEARINGS (08:04 PM)

24. Adopt a Resolution adopting the Negative Declaration and adopting the 2007/08 - 2001/12 Capital Improvement Program. (P. Ehler/K. Breen)

Director of Finance and Information Systems, Pam Ehler, presented a staff report and said the CIP budget had been taken to the Planning Commission for compliance with the General Plan and to look at the Negative Declaration. A workshop was held on April 24, 2007, and changes requested by Council were included.

Mayor Taylor opened the public hearing.

Motion: Close the public hearing.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

Motion: Adopt Resolution 2007-126 adopting the Negative Declaration and adopting the 2007/08 - 2001/12 Capital Improvement Program.
Moved by Stonebarger, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

25. Adopt a Resolution adopting the Mitigated Negative Declaration and Mitigated Monitoring Reporting Plan for the John Muir Parkway Extension, CIP Project No. 336-31640. (B. Grewal/A. Salam)

Director of Public Works/City Engineer, Bailey Grewal, presented a staff report and said the Initial Study and Mitigated Negative Declaration had been prepared in accordance with the California Environmental Quality Act, and had been circulated from April 10, 2007 to May 9, 2007, for the public and any affected agencies. Comments were received and considered, and appropriate changes had been made prior to finalizing the Initial Study and Mitigated Negative Declaration. Funds for any potential mitigation had been included in the adopted Capital Improvement Program (CIP) for the John Muir Parkway Extension project.

Mayor Taylor opened the public hearing.

Motion: Close the public hearing.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

Motion: Adopt Resolution 2007-127 adopting the Mitigated Negative Declaration and Mitigated Monitoring Reporting Plan for the John Muir Parkway Extension, CIP Project No. 336-31640.
Moved by Richey, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

26. Consideration of Resolutions renewing the annual Sewer and Water Service Standby Charges on Vacant Parcels of Land within the City Limits. (B. Grewal/D. Galey)

Management Analyst, Debra Galey, presented a staff report and said approval of the Resolutions would initiate the upcoming fiscal year water and sewer standby charges and tax roll.

Mayor Taylor opened the public hearing.

Motion: Close the public hearing.
Moved by Brockman, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

Motion: Adopt Resolution 2007-128 renewing the annual sewer service standby charge on vacant parcels of land withing the City limits for Fiscal Year 2007/08.
Moved by Stonebarger, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

Motion: Adopt Resolution 2007-129 renewing the annual water service standby charge on vacant parcels of land withing the City limits for Fiscal Year 2007/08.
Moved by Stonebarger, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

27. CONTINUE TO JUNE 26, 2007 - Consideration of a Resolution pertaining to the City’s Consolidated Landscape Lighting Assessment Districts & Citywide Park Maintenance District No. 98-1, for Fiscal Year 2007/08, including the adoption of a resolution ordering improvements, confirming the diagram and assessments, authorizing the levy and collection of assessments and ordering the annexation of territory to Assessment District Nos. 02-3 Apricot Way, 02-7 San Jose & Sand Creek, 02-9 Balfour Plaza, 02-10 Lone Tree Center, and 06-2 Palmilla. (B. Grewal/D. Galey)

Management Analyst, Debra Galey, said staff requested the public hearing and actions be continued to June 26, 2007, to allow all projects to take ownership of the property and execute all necessary documents.

Mayor Taylor opened the public hearing.
Motion: Continue to June 26, 2007, consideration of a Resolution pertaining to the City’s Consolidated Landscape Lighting Assessment Districts & Citywide Park Maintenance District No. 98-1, for Fiscal Year 2007/08, including the adoption of a resolution ordering improvements, confirming the diagram and assessments, authorizing the levy and collection of assessments and ordering the annexation of territory to Assessment District Nos. 02-3 Apricot Way, 02-7 San Jose & Sand Creek, 02-9 Balfour Plaza, 02-10 Lone Tree Center, and 06-2 Palmilla.
Moved by Brockman, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

28. CONTINUE TO JUNE 26, 2007 - Consideration of various actions relating to the formation of City of Brentwood Community Facilities No. 5. (B. Grewal/D. Galey)

Management Analyst, Debra Galey, presented a staff report and said staff requested the public hearing be continued to the meeting of June 26, 2007, to allow all development projects to take ownership of the property and execute necessary documents.

Mayor Taylor opened the public hearing.

Motion: Continue to June 26, 2007, consideration of various actions relating to the formation of City of Brentwood Community Facilities No. 5.
Moved by Brockman, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

29. Adopt a Resolution approving a Tentative Parcel Map (MS 361-06) to subdivide approximately 3 acres into 4 single-family residential lots, including making the necessary findings for an exception to the City’s Density Transition Policy allowing one residential lot less than 20,000 sq. ft. to abut an existing residential parcel larger than one acre, located at 1941 Grant Street (APN 017-010-011). (H. Sword/J. Zilm)

Senior Planner, Jeff Zilm, presented a staff report and requested a modification to the Density Transition Policy to allow a 14,699 residential lot to abut an existing residential parcel larger than one acre. Planning Commission had voted to recommend the Council modify the Density Transition Policy to allow the 14,699 square foot lot to abut an existing residential parcel larger than one acre.

Council Member Stonebarger asked if the property owner of the two acre lot was notified.

Senior Planner, Jeff Zilm, said the owner had been notified and there was not an issue with it.

Mayor Taylor opened the public hearing.

Jonathan Clark, representative of applicant, Rob Hanberg, spoke about moving the project forward.

Motion: Close the public hearing.
Moved by Becnel, seconded by Brockman.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

Motion: Adopt Resolution 2007-130 approving a Tentative Parcel Map (MS 361-06) to subdivide approximately 3 acres into 4 single-family residential lots, including making the necessary findings for an exception to the City’s Density Transition Policy allowing one residential lot less than 20,000 sq. ft. to abut an existing residential parcel larger than one acre, located at 1941 Grant Street (APN 017-010-011).
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (08:21 PM)

Mayor Taylor reported on his tour with the Police Department on Friday and he recognized and commended Officer Mark Lawrence.

REQUESTS FOR FUTURE AGENDA ITEMS (08:22 PM)

A) Consideration of a request from Council Member Brockman for discussion item related to a reward program.

Council Member Brockman explained his request for a reward program and felt it deserved discussion.

Council Member Richey agreed the item should be researched.

Council Member Stonebarger asked if there was a current program this could fall under.

Council Member Brockman expressed concerns about the amount of money it would cost to create a program.

Council Member Becnel felt Council needed to make policy in this area and he did not want an elaborate analysis.

Council Member Brockman asked to have a discussion on the reward program and asked for information on the number of cities that had a program.

Council Member Richey asked to get an idea of what programs were out there.

City Manager, Donna Landeros, said staff would take a survey of other cities in Contra Costa County and list what other cities did. and it would be placed on the Council agenda of June 26, 2007.

NEW REQUESTS - None (08:30 PM)

ADJOURN TO CLOSED SESSION - 150 City Park Way, City Hall Conference Room (08:30 PM)
1. City Council Closed Session pursuant to Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Title: City Manager

2. City Council Closed Session pursuant to Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Title: City Attorney

Motion: Adjourn to Closed Session
Moved by Becnel, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

REPORT ON CLOSED SESSION ACTION (if any) - None (9:13 PM)

ADJOURNMENT - (9:14 PM)

Respectfully submitted,

Cynthia Garcia, CMC
Assistant City Clerk

 

 

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