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Current Council Agenda and Past Meeting Information

Past Agendas

MINUTES
CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
July 8, 2003

A regular meeting of the City Council of the City of Brentwood was called to order at 6:00 p.m. in the Council Chambers located at 734 Third Street, with Vice Mayor Beckstrand presiding.

Present: Council Members Gutierrez, Hill, Petrovich and Vice Mayor Beckstrand
Absent: Mayor Swisher

The meeting adjourned to closed session at 6:01 p.m. pursuant to Government Code §54956.8

CLOSED SESSION

Conference with Real Property Negotiators pursuant to Gov’t Code § 54956.8
Property: 9100 Brentwood Blvd.
Agency negotiators: John Stevenson & Dennis Beougher
Under negotiation: price/terms of payment.

Closed Session adjourned at 6:45.p.m.

The meeting reconvened in open session at 7:01 p.m. with the following action to report with Mayor Swisher absent:

The City Council authorized the City Manager and City Attorney to begin negotiations for the possible purchase o property located at 9100 Brentwood Boulevard to begin due diligence research to determine whether it met the needs of the City and budget assumptions and to amend the existing architectural contract with Design Partnership to complete the investigation. Mayor Swisher absent. Motion carried.

PRESENTATIONS

A. Recognition awards were presented to Mike Kerchner and Jeff Cowling for their service on the Planning Commission.

B. Award presentation for the Wastewater Treatment Plant Expansion.

Assistant City Engineer, Paul Eldredge, presented, on behalf of the Engineering Department, the 2003 American Public Works Association, Distinguished Project of the Year award for the Wastewater Treatment Plant, received by the Association on May 23, 2003. A new road is being built for the Sunset Industrial project. He presented a detailed description of the construction, water reclamation, landscaping and team members.

Council Members commended staff on the Wastewater Treatment Plant project.

C. Proclamation declaring July as Recreation & Parks Month.

Vice Chairman of the Parks and Recreation Commission, Lanny Brown, accepted the proclamation on behalf of the Commission.

D. Introductions and Oaths of Office for new employees; Arts Commissioner, J. E. Bryant; Youth Commissioners and Adult Advisor.

Council Member Gutierrez, liaison to the Youth Commission, read the names of the following appointments/reappointments:
Brian Fredenberg, Ashley Brown, Darcy Garnity, Nicole Ford, Cynthia Fredenberg, , Andrea Tait, Adult Advisor to Youth Commission Kiko Ceja, a certificate of reappointment was presented to Daisy Hurtado, Jessica Ordaz, Taylor Brinkman and a certificate of appointment to Belinda Ordaz. Council Member Gutierrez announced that the Youth Commission had recently finished a teen crisis referral card and they were working on making information regarding jobs available to youths.

J.E. Bryant was newest member of the Arts Commission and would be working with the Commission on the “Art for Arts Sake” and “The Day in the Park” art and wine festival, coming in October.

Introductions and oaths of office were given for the following employees:
Tom Burt Parks and Recreation Department
Kerry Salisbury Parks and Recreation Department
Julia Spatz Parks and Recreation Department
Laura Schelbert Finance Department
Tanya Ray Finance Department

AGENDA REVIEW

Item 8 Clarification for agenda Item 8.

It was moved/seconded by Hill/Gutierrez to approve the Agenda Review as recommended by staff. Mayor Swisher absent. Motion carried.

CITIZEN COMMENTS

Mike McPoland commended Paul Eldredge, Assistant City Engineer, on a job well done regarding the Wastewater Treatment Plant and he thanked City Manager, John Stevenson, for leading the team to Sacramento to convince the State to build a “State of the Art” treatment plant in the City.

CONSENT CALENDAR

1. Approved Minutes of June 10, 2003.

2. Approved Resolution No. 2911 approving Final Map No. 8546, Meritage Homes, located south of Lone Tree Way and west of O'Hara Avenue, accepting the improvement security, approving the Subdivision Improvement Agreement, accepting all offers of dedication with this Final Map, and authorizing the Mayor and the City Clerk to execute the same.

3. Approved Resolution No. 2912 approving Parcel Map No. 354-00, Balfour Properties, located north of Balfour Road and west of the Hwy 4 Bypass, accepting the improvement security, approving the Subdivision Improvement Agreement, accepting all offers of dedication with this Parcel Map, and authorizing the Mayor and City Clerk to execute the same.

4. Approved Resolution No. 2913 authorizing the City Manager to enter into a Joint Exercise of Powers Agreement (JEPA) with Contra Costa County Flood Control for Deer Creek.

5. Approved Resolution No. 2914 approving the transfer of all rights, duties, and obligations created by a Development Agreement between the City and Paul Martin and William Currin (“Subdividers”) concerning Subdivision Map 8281 to Warmington Brentwood Associates, LLC.

6. Approved Resolution No. 2915 approving a Reimbursement Agreement with Pulte Home Corporation, Subdivision No. 8089, for costs associated with Master Plan Facility Improvements.

7. Approved Resolution No. 2916 approving the contract documents for Sunset Park Athletic Complex, CIP Project No. 522-5201, and awarding contract to Misan Construction, Inc. in the amount of $7,148,000.00, approving an additional $400,000.00 to design and construct lighting for the balance of the complex, and authorizing the City Manager to execute the agreement and necessary documents and authorize change orders up to 10% of the contract amount.

8. Approved a grant to Delta Community Services, Incorporated, in the amount of $24,000 per year for provision of social services representation.

9. Waived second reading and adopted Ordinance No. 750 levying a special tax for the fiscal year 2003-04 and following fiscal years solely within and relating to the City of Brentwood Community Facilities District No. 3.

10. Approved Resolution No. 2917 authorizing the City Manager to enter into an agreement with In-Shape Health Clubs, Inc. to affect additional wellness benefits for City employees.

11. Authorized a letter of support for Senate Bill 802 concerning State Route 239 State Route 84.

12. Approved Resolution No. 2918 approving an agreement for an easement on City owned property to Pacific Bell Telephone Company, dba SBC California, for a portion of real property identified as APN 019-050-025, generally located on the south side of Lone Tree Way between Empire Avenue and Windy Springs Lane for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127 (Lone Tree Way).

13. Approve a Resolution amending procedures for informal negotiation of Cable Television Franchise renewal from July 1 to August 1, 2003. (Pulled for further discussion)

14. Approve the appointment of Steve Padgett to the Planning Commission to fill the unexpired term vacancy of Mike Kerchner ending December 2003. (Pulled for further discussion)

15. Approved Resolution No. 2919 approving the Final Map of Subdivision No. 8603, Sterling Pinnacle, Meritage Homes, located south of Grant Street and just east of the Shady Willow Lane Extension, accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same.

It was moved/seconded by Gutierrez/Hill to approve Consent Calendar Items 1 – 12 and 15 as recommended by staff. Mayor Swisher absent. Motion carried.

Item 13. Approve a Resolution amending procedures for informal negotiation of Cable Television Franchise renewal from July 1 to August 1, 2003.

In response to Council Member Petrovich, City Attorney, Dennis Beougher, explained that two of the Council Members and Consultant, David Kinley, had been negotiating for approximately one-year with Comcast, over cable television renewal. Each time negotiations were continued and once the negotiation term ended, the City could process a non-renewal process and terminate the franchise. It had always been in good faith to continue the existing cable franchise agreement.

Council Member Petrovich said the City had come to an agreement with Comcast cable on every area of the agreement and then Comcast tried to change some of the terms of the agreement. The biggest change was to go from an 860 megahertz cable system, broadband telecommunication system, down to 750 megahertz and that was unacceptable.

Vice Mayor Beckstrand said that Comcast had asked to drop the analogue capacity and anyone who had an analogue system in their home would not be able to utilize the cable system.

Council Member Gutierrez said that in finding that a letter had not been received from Comcast, the recommendation to continue was no longer valid.

David Kinley, Kinley and Associates, said he was also a consultant to the telecommunications subcommittee on the renewal, and that if Council did not act on the item, it did not necessarily mean that the committee could not continue informal negotiations. It meant that the clock started ticking on a three-week period for Comcast to file a formal franchise proposal under the 92 Cable Act and it would be due by July 20, or July 21, 2003. It would then be a formal renewal process and he was concerned that no one was present for the item. He had spoken to a regional representative who told him that Comcast headquarters had signed off on leaving it 860 megahertz as the subcommittee had negotiated. He had been assured that a representative of the Company would be present for the item or a letter would be provided. No letter had been provided and no one from Comcast was present.

Council Member Petrovich asked to delay the item to the end of the agenda in the event that representation was in route to the Council meeting.

It was moved/seconded by Beckstrand/Petrovich to continue Item 13 to the end of the agenda. Mayor Swisher absent. Motion carried.

Item 14. Approve the appointment of Steve Padgett to the Planning Commission to fill the unexpired term vacancy of Mike Kerchner ending December 2003.

It was moved/seconded by Petrovich/Gutierrez to approve the appointment of Steve Padgett to the Planning Commission, for the term ending December 2003. Mayor Swisher absent. Motion carried.

PUBLIC HEARINGS

16. Consideration of the following actions pertaining to the approval of CIFP 2003-1 and AD 2003-1:

a. Approve a resolution approving Capital Improvement Financing Plan 2003-1 and acknowledging certain findings of the City Manager in accordance with Title 17.805 of the Brentwood Municipal Code.

b. Approve 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.

c. Approve a resolution determining Significant Public Benefits to the City of Brentwood from the Sale of Local Obligations to the Brentwood Infrastructure Financing Authority; Approving the Form and Substance of a Trust Agreement and Authorizing Changes Thereto and Execution Thereof; Providing for the Issuance of the City Of Brentwood Limited Obligation Improvement Bonds, Assessment District No. 2003 1; Approving the Sale of said Bonds (which establishes the maturities of and interest rates); Approving the forms and substance of a Local Obligation Purchase Contract; a Preliminary Official Statement and an Official Statement Derived; a Continuing Disclosure Agreement; the Funding, Acquisition and Disclosure Agreements; and authorizing related actions and the execution of related documents to implement the proposed financing plan.

Assistant City Engineer, Paul Eldredge, presented highlights of the Capital Improvements Financing Program, which was comprised of 882 single-family residences, 336 multi-family residences and approximately 5.6 acres of commercial property. The total bond issuance would be over $17 million and was comprised of $3.8 million for acquisition items, which were items of improvements and would be done by the developer and reimbursed through the acquisition process. The benefit was that the money was used up front and large projects could be done, in concurrence with the development.

Council Member Hill asked if any of the developers that had asked to participate were in default with the City. Assistant City Engineer Eldredge said he believed there was not.

Council Member Gutierrez asked for clarification on what the infrastructure needs were for the City and with the upcoming development, she asked what the impact would be on wastewater, roads and schools. She requested that developers bring vital infrastructure to the City.

Assistant City Engineer Eldredge said that there were two CIP reports and the proposed CIP report would show City infrastructure as it stood today and the type of impact the proposed developments in the CIP would have on the infrastructure and the needs created. He said that it was necessary in the process to obtain the funding or improvements and facilitate development as well as the City as a whole because there had been a lot of master plan and regional improvements going in. He added that some of the improvements funded through the assessment district and prior assessment districts had a lot of the big projects were various funding sources assessment district development fees, such as Empire Avenue along with Lone Tree Way Improvements and improvements to the east of the railroad tracks and the undercrossing and Shady Willow Lane, which would be a major north/south connector for the City. These were all fairly expensive improvements and would add up quickly. Without the program, a lot of the infrastructure would probably not be before the Council.

Council Member Hill asked if SunCal Development was in any default with the City and City Manager, John Stevenson, responded that the park adjacent to the school was being graded and would be finished on time and the clubhouse was under construction and staff was monitoring things closely.

Council Member Hill noted that developers were pledging land as a method to secure the bonds and was an instrument that allowed for financing. It was not a reward for developing and if there was a developer that was not performing in their agreements with the City through other entitlements, he did not wish to release more bonds out with someone who did not follow through with their obligations.

Council Member Petrovich commented that Engineering had done a great job.

John Knox, Bond Counsel from Orrick, Herrington and Sutcliffe, noted that the item was for two public hearings in one, the first being a public hearing on the assessment district, required under the State Constitution and the other under the Streets and Highways Code. There was a Government Code hearing because of the participation of the Brentwood Infrastructure Financing Authority, both of which had been noticed by mail to the property owners and by publication.

Vice Mayor Beckstrand, opened the public hearing.

It was moved/seconded by Gutierrez/Beckstrand to close the public hearing. Mayor Swisher absent. Motion carried.

City Clerk, Karen Diaz, confirmed that the participants had submitted their ballots and consents and waivers.

RESOLUTION NO. 2920

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING CAPITAL IMPROVEMENT FINANCING PLAN 2003 1 AND ACKNOWLEDGING CERTAIN FINDINGS OF THE CITY MANAGER IN ACCORDANCE WITH TITLE 17.805 OF THE BRENTWOOD MUNICIPAL CODE, AS AMENDED

RESOLUTION NO. 2921

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AMENDED BOUNDARY MAP, OVERRULING PROTESTS, APPROVING FINAL ENGINEER’S REPORT AND ASSESSMENTS, ORDERING ACQUISITION AND/OR CONSTRUCTION OF IMPROVEMENTS AND LEVYING ASSESSMENTS


RESOLUTION NO. 2922

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; APPROVING THE FORM AND SUBSTANCE OF A TRUST AGREEMENT AND AUTHORIZING CHANGES THERETO AND EXECUTION THEREOF; PROVIDING FOR THE ISSUANCE OF THE CITY OF BRENTWOOD LIMITED OBLIGATION IMPROVEMENT BONDS, ASSESSMENT DISTRICT NO. 2003 1; APPROVING THE SALE OF SAID BONDS (WHICH ESTABLISHES THE MATURITIES OF AND INTEREST RATES ON SAID BONDS); APPROVING THE FORMS AND SUBSTANCE OF A LOCAL OBLIGATION PURCHASE CONTRACT; A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT DERIVED THEREFROM; A CONTINUING DISCLOSURE AGREEMENT; THE FUNDING, ACQUISITION AND DISCLOSURE AGREEMENTS.; AND AUTHORIZING RELATED ACTIONS AND THE EXECUTION OF RELATED DOCUMENTS TO IMPLEMENT THE PROPOSED FINANCING PLAN

It was moved/seconded by Petrovich/Hill to waive full reading of Resolution Nos. 2920, 2921 and 2922 and approve as recommended by staff. Motion passed by the following vote:

AYES: Council Members Gutierrez, Hill, Petrovich and Vice Mayor Beckstrand
NOES: None
ABSENT: Mayor Swisher
ABSTAIN: None

The Council recessed at 7:55 p.m. to the Brentwood Infrastructure Financing Authority agenda.

The Council reconvened at 7:58 p.m. Mayor Swisher absent.

17. Approve a Resolution No. 2923 approving the Final Engineer’s Reports and confirming the formations and annexations within the Consolidated Landscape & Lighting Districts and Citywide Park Maintenance District No. 98-1 to levy assessments for Fiscal Year 2003/04.

Engineering Services Specialist, Debra Galey, stated that in accordance with the Landscape and Lighting Act of 1972 and Proposition 218, the resolution was the last step in approving the Final Engineer’s Report of the City Landscape and Lighting Assessment District and Citywide Park District for fiscal year 2003/04 and it directed the levy of assessments. The Engineer’s Report set the 2003/04 assessment rates within the maximum previously approved for the 37 existing districts, including annexation of six new development projects into existing districts as well as setting the maximum assessment and creating four new landscape and lighting districts. Estimated revenue for fiscal year 2003/04 for the Landscape and Lighting Districts would be approximately $1.7 million and the revenue for the Citywide Park District would be approximately $1.1 million. Ballots, along with notices, identifying the maximum assessment rate and improvements to be maintained, were mailed to affected property owners and would be tabulated after the close of the public hearing.

Vice Mayor Beckstrand opened the public hearing.

It was moved/seconded by Hill/Beckstrand to close the public hearing. Mayor Swisher absent. Motion carried.

Vice Mayor Beckstrand asked if anyone in the audience had any ballots to be turned in and seeing none, directed the City Clerk to conduct the election and tabulate the ballots.

Council recessed at 8:00 p.m. and reconvened at 8:11 p.m. Mayor Swisher absent.

Vice Mayor Beckstrand noted that all of the ballots were returned, according to Engineering Services Specialist Galey.

RESOLUTION NO. 2923

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD CONFIRMING THE ASSESSMENT DIAGRAM AND ASSESSMENT ROLL AND AUTHORIZING THE LEVY OF ASSESSMENTS FOR FISCAL YEAR 2003/04 FOR THE CONSOLIDATED LANDSCAPE & LIGHTING ASSESSMENT DISTRICTS AND THE CITYWIDE PARK MAINTENANCE DISTRICT NO. 98-1 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218

It was moved/seconded by Hill/Beckstrand to waive full reading of Resolution No. 2923 and approve as recommended by staff. Motion passed by the following vote:

AYES: Council Members Gutierrez, Hill, Petrovich and Vice Mayor Beckstrand
NOES: None
ABSENT: Mayor Swisher
ABSTAIN: None

18. Consideration of an Ordinance approving an amendment to the PD-11 Zone, establishing development standards for an approximate 5-acre subdivision known as Harbor Heights, located generally between Sycamore Avenue and Spruce Street, east of Brentwood Boulevard. Continued to July 22, 2003.

Vice Mayor Beckstrand opened the public hearing.

It was moved/seconded by Petrovich/Hill to continue the public hearing to July 22, 2003. Mayor Swisher absent. Motion carried.

OLD BUSINESS

19. Status report regarding the proposed mixed-use project known as Vineyards at Marsh Creek located near Marsh Creek Road and the southerly extension of Fairview Avenue.

Jim Heid, Howerton, Ltd., presented information and analysis on the five theme points of the Vineyards at Marsh Creek. He said that concerns had been addressed and common themes were presented. There were five major themes and one was a balance of products such as a reduction of active adult residences by 100 units, keeping them at about 1,000 units, and increasing the executive single-family homes from 60 to over 120. Another theme was to increase open space in neighborhoods for with community parks and neighborhood parks that would be in the range of ¾ to one acre size and would be connected through a pedestrian linkage system. The village green and the amphitheater up by the winery would benefit the community and areas along Fairview and back to the college and back to the village center would have pedestrian and bicycle circulation system. He spoke about the uses he envisioned in the village center, the role between Cowl Ranch, the State Park and the overall acreage. The development was 91 percent open space and the original 4,000 acres of Cowl Ranch had been included. There had been a study of the impact on the ridgeline and there were two issues, one being skylining and the other was encroachment and how close the development should come to the ridges. He added that when the urban growth limit line had been developed in the development parcel, it could be seen how the development had been threaded back into valleys so that ridges acted as buffers and landforms that maintained the integrity of the property from distant views and still on the property.

Doug Dolland, Dolland Group, presented visual simulations of the Vineyards at Marsh Creek. He noted that some of the development was unseen from the highway or ground floor and that ridges represented maintained open space and the viewpoint would rise up and become part of the floor point. The development will be tucked in the hills and not be very visible and a view of the hills would still stand out.

City Manager, John Stevenson, asked Council for discussion and consensus on the project and asked if the project was making the progress that Council had expected to see. He also asked if it was close enough for the applicant to move forward with a formal application and start the process and the environmental impact report.

Council Member Gutierrez said that the presentation and study impact on ridgelines was very impressive and much of the development would be shielded. She said she was satisfied and most issues were addressed. In terms of reducing the active adult units and increasing the executive single-family units, she asked to see a transition into open space and to not have it clustered. This was the beginning of the process and it was ready for the environmental impact report.

Council Member Petrovich said he was in agreement with moving forward.

Council Member Hill commended staff on the project and elevations and had no problem moving forward to the environmental impact report phase. As the number of executive houses grew, and once the City went over a certain number of market rate housing, it would take into consideration that schools would need to be incorporated. The developer would go with the 100 percent market rate and there was something that would make it viable for the developer to move forward, with schools in particular. There was Krey Elementary School and the middle school and would call for the necessity of another elementary school.

Vice Mayor Beckstrand said she agreed to move forward with the environmental impact report.

Item 13. Approve a Resolution amending procedures for informal negotiation of Cable Television Franchise renewal from July 1 to August 1, 2003.

Vice Mayor Beckstrand noted that Mr. Kinley had called an assistant to check the fax machine and there were no faxes that had come in and he had checked the voicemail and there were no messages. She said that being it was almost 9:00 p.m., she believed that there was some reason that Comcast was not ready to stand by the agreement that the City had with them.

It was moved/seconded by Petrovich/Hill to deny the request amending procedures for informal negotiation of cable television franchise. Mayor Swisher absent. Motion carried.

NEW BUSINESS – None.

CITIZEN COMMENTS – None.

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS – None.

REQUESTS FOR FUTURE AGENDA ITEMS – None.

It was moved/seconded by Beckstrand/Gutierrez, to adjourn the meeting.

There being no further business the meeting was adjourned at 9:00 p.m.

Respectfully Submitted,



Cynthia Garcia
Assistant City Clerk

 

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