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MINUTES
CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
August 26, 2003

A regular meeting of the City Council of the City of Brentwood was called to order at 5:30 p.m. in the Council Chambers located at 734 Third Street, with Mayor Swisher presiding.

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

The meeting adjourned to closed session at 5:31 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 Boulevard
Agency negotiators: John Stevenson & Dennis Beougher
Under negotiation: price/terms of payment.

Motion to add the following item to the agenda on the basis that the item came to the attention of staff after the agenda was posted (Government Code 54954.2 (b)):

It was moved/seconded by Petrovich/Hill to add the Closed Session item as recommended by staff. Council Member Gutierrez absent. Motion carried.

Conference with Legal Counsel − Anticipated Litigation
Significant exposure to litigation pursuant to Gov’t Code § 54956.9(b):
One potential case

At 6:31 p.m., Closed Session adjourned and the meeting reconvened to open session at 6:32 p.m. Council Members Beckstrand, Hill, Petrovich and Mayor Swisher were present and Council Member Gutierrez was absent. A workshop was held regarding Tri Delta Transit proposed routes and schedules. The workshop adjourned at 6:58 p.m.

At 7:01 p.m., Mayor Swisher reconvened the regular meeting of the City Council with Council Member Gutierrez absent.

Mayor Swisher reported from Closed Session that the Comcast public and administrative hearing had been postponed from September 6, 2003 to September 17, 2003. The public comment portion would be held at 6:00 p.m. and the administrative hearing would be held at 7:00 p.m.

PRESENTATIONS

A. Recognition of Ashley Brown, Brian Fredenberg and Darcy Garrity for years of service to the Youth Commission.

AGENDA REVIEW

Item 4 Provides additional information concerning fiscal impact.

Item 5 Moved to OLD BUSINESS
Housekeeping changes to the Affordable Housing Ordinance.
Correspondence received from Allen Matkins.

Item 8 Pulled from the agenda as requested by the Developer, Meritage Homes.

Item 12 Pulled from the agenda as requested by staff. Suggested date to be
rescheduled for a Council workshop is September 23, 2003.

Motion to add the following item to the agenda on the basis that the item came to the attention of staff after the agenda was posted (Government Code 54954.2 (b)):

NEW BUSINESS

Item 28 Discussion of the decision by the Brentwood Community Chest to cease
operations related to the distribution of food in the community.

It was moved/seconded by Petrovich/Hill to approve the changes per Agenda Review. Council Member Gutierrez absent. Motion carried.

CITIZEN COMMENTS

Craig Teslog, Senator Torlakson’s Office, expressed the commitment of Senator Torlakson to make improvements to Vasco Road and make it safe. Several different initiatives were being looked at by State, Federal and Local levels to bring more money to the project so that needed funds became available as soon as possible. Senator Torlakson had met with representatives from California Highway Patrol and urged them to increase enforcement on Vasco Road to make safety a higher priority and get people to drive slower through the corridor. People who were concerned about safety could join Senator Torlakson, Assemblyman Houston and CHP officials for a safety forum on Vasco Road to be held October 16, 2003, at 7:00 p.m. at the at the Liberty High School Performing Arts Center, where they would speak about making that road safe in the interim before more money could be brought to the project. A general East County Transportation forum would be hosted by Senator Torlakson regarding the widening of Highway 4, BART and E-BART on October 11, 2003 from 9:00 a.m. to noon in Antioch, and the location would be announced and information would be posted on the website at Senator.Torlakson@sen.ca.gov or the district office could be called at (925) 602-6593 or (800) 859-9900. SB 802 concerning Vasco Road would designate State Routes 239 and 84 in East Contra Costa and Alameda counties and SR 84 would follow the route of Vasco Road and SR 239 would take the Byron Highway route and extend it out to provide a connector between Highway 4 and Interstates 205 and 580 in western San Joaquin County. By passing the bill, there would be no money immediately and would increase the priority for State funding for the two routes.

Mary Piepho, Senior Field Representative to Assemblyman Guy Huston, informed that Assemblyman Huston was co-author to SB 802 and continued to work closely with Alameda and Contra Costa County Supervisors in an effort to improve the transportation and fluid road structure. Short term temporary improvements that were effective and inexpensive to make Vasco Road safer included a solid barrier down Vasco Road and a daylight/headlight safety section. Assemblyman Huston continued to meet with Senator Torlakson’s Office and the California Highway Patrol to identify the short and long term solutions and examine possible legislation to move the project along and improve the safety of the residents and those in the east County.

Gary Hegwer said he lived in the Tuscany development and was concerned about the eastern sound wall, which bordered a portion of the Highway 4 Bypass and had not been extended beyond the development. There was increased noise and motorists and it was jeopardizing safety of families and he asked for support and solutions. He said he would like to share additional information on the subject at the September 23, 2003 Council meeting.

Chuck Palmier said he was in support of his neighbors petition and said he was concerned for the safety of the children and the issue of the open area and he asked for Council support.

Devonie Mendonca asked that the sound wall be extended and asked for improvements on Vasco Road since she had witnessed a head-on collision and expressed concern about her husband who drove on Vasco Road daily.

Robert Reed asked to have the sound wall extended due to the safety issues. If an accident would occur, cars could come off of the road and cause damage.

Kathy Reed commented that she had a home-based business and the traffic was not just at commute time, it was all day long.

Lindsay and Steve Purvey said that they mirrored the concern of the entire development and planned on having a signed petition along with residents present and asked that the item be placed on the agenda on September 23, 2003.

Casey Serna said she had spoken to various Tuscany homeowners the sounds of the cars on the Bypass could be heard and that the concerns were valid. On a resale of the home, the Bypass would need to be disclosed and would bring down the value of the homes and people were entitled to maintain their home values. It would get worse when the Bypass became a highway.

Jeff Altman spoke about the death of his wife, Patricia, on Vasco Road and that he was not the only one who was upset about the issue. He asked that something be done sooner than later and said that the long term plans were not soon enough for him. He asked for support of the community and Council regarding SB 802 in relation to Vasco Road or the barrier, widening, right turn lanes, more CHP, daylight/ headlight sections or all of the above. Seven people have died since May and that was too many lives.

Mark Flynn said Patricia Altman was one of his best friends and that anyone could be killed next on Vasco Road. Something had to be done.

Joanne Flynn said that even though the State was in a financial crisis, she would be collecting signatures to be included on a distribution list for updates on Vasco Road and that the money had to be found.

Paul Levon said that Patricia and Jeff Altman were their neighbors. He had seen a neighbor in a head on collision and other neighbors in accidents on Vasco Road.

Council Member Petrovich noted that those living in the Tuscany development had asked to be agenized for September 23, 2003. He asked for a report for that date regarding the sound wall installation.

Council Member Beckstrand asked that the City Manager contact Del Dennis, the project manager for the Bypass Authority. She said that how far the walls were carried out had to do with the environmental impact report that was done by the Bypass Authority at the time of the project inception and approval a number of years ago.

Patrick Sharma expressed support of the Police Department and asked for a better facility for them. Relocation to the former U.S. Print building was not a win/win situation and as the City worked to attract business and jobs to the area, he could not help but to consider it a loss of one of prime existing property for attracting business. Soil issues had escalated the cost of the new police station and he asked Council to make a decision that was in the best interest of the residents. The building would deprive the City of largest existing industrial space available and a different location with voter approved funding had already been secured and did not create the lost opportunity.

Doug Adams, on behalf of the Brentwood Board of Education, asked for support regarding the Item 11 Reimbursement Agreement, which would allow the District to bring a road and much needed utilities to the new Empire School site. There were 500 new students enrolled this year and he thanked Council for finding new school sites and for the infrastructure and the roads. He announced that there would be a groundbreaking on at noon on September 9, 2003 at the Empire School site, which would be issued a new name. The presence of the Police Department made for a smooth opening week for schools.

Council Member Hill said he had received a phone call from a resident that was a Fire Captain in another city and he responded to incidents on Vasco Road. Jersey barriers would create a safer corridor and needed to be deployed along Vasco Road to prevent traffic from crossing over and he asked that the message be conveyed to State Representatives. The environmental impact report process needed to be removed because the funding could be in place but the project was prevented from going forward until there was a moratorium on the environmental impact report process, which was to blame for loosing economic development in the State. He said that Senator Torlakson should suggest a moratorium be placed on the environmental review process on any emergency projects and that the jersey barriers are installed immediately.

Mike McPoland said that the California Environmental Quality Act for improvements negotiated in the past had taken a minimum of one year and he asked Council to take the lead in asking Sacramento for relief in that corridor. There was a raise by the County of $7.5 or $8 million for straightening out of the curve and the money had seemed to disappear as well as other monies allocated. He said that Council and past Councils had taken the lead in the County and were and would do something; it was the environmental review process. He hoped that by October, something would be up and would happen in that corridor.

CONSENT CALENDAR

1. Approved Minutes of Special Meeting held August 15, 2003. Swisher abstained

2. Approved Resolution No. 2956 authorizing the City Manager to execute a contract amendment to increase the contract amount for Kinley and Associates’ services related to the Comcast cable television franchise renewal/termination/administrative proceedings in the amount of $60,000.

3. Set the date of September 9, 2003 for a workshop at 6:00 p.m. regarding status report on the Residential Growth Management Program (RGMP) for properties in the Northwest Quadrant Infrastructure. Pulled per agenda review.

4. Approved Resolution No. 2957 authorizing $250,000 additional funds for the Public Works Corporation Yard Relocation Expenditures.

5. Moved to Old Business per agenda review second reading and adopted Ordinance No. 756 adding Chapter 17.725 to the Municipal Code establishing an Affordable Housing Program.

6. Approved Resolution No. 2958 approving the following actions: (1) amending the agreement approved by Council on June 23, 2002, by Resolution No. 2625 including the document entitled “Temporary Easement and Agreement” for purchase of a fee parcel (property exchange) with Jim J. Moita and Julie F. Moita, trustees of The Jim and Julie Moita Trust Dated December 13, 1998, for a portion of real property identified as APN 019-010-028, generally located on the north side of Lone Tree Way adjacent to the railroad tracks and the intersection of the existing Fairview Avenue and authorizing the Mayor or City Manager and City Clerk or any of their designees to execute the amended agreement, including the revised temporary easement and agreement referred to in the amended agreement entitled “Amendment No. 1 to Agreement for Purchase and Sale of Interest in Real Property” document; (2) approve an agreement for purchase of a fee parcel consisting of 1.3 acres, for a portion of real property identified as APN 019-010-028, hereby accepting real property on behalf of the City, and authorizing the Mayor or City Manager and City Clerk or any of their designees to execute the purchase agreement, and such other documents as may be needed to complete the transaction including acceptance of the Deed.

7. Approved Resolution No. 2959 approving a Reimbursement Agreement with McViking L.L.C. (the “developer” as agent for McViking, L.L.C., a California limited liability company and Balfour Properties, L.L.C., Partners, LLC, a California limited liability company), Design Review (DR) 01-34, Balfour Center, for costs associated with Master Plan Facility Improvements.

8. Pulled per agenda review a Resolution approving a Reimbursement Agreement with Meritage Homes, Subdivision No. 8603, for costs associated with Master Plan Facility Improvements.

9. Approved Resolution No. 2960 approving the contract documents for Balfour Road Park, CIP Project No. 522-5221, and direct staff to put the project out to bid.

10. Approved Resolution No. 2961 authorizing the City Manager to execute a Lease with Nextel of California, Inc. for an antenna equipment box and related improvements (approximately 1,200 square feet plus access and utility easement), located at the base of a PG&E tower near West Country Club Drive.

11. Approved Resolution No. 2962 approving a Reimbursement Agreement with Brentwood Union School District for the cost of public improvements for Amber Lane.

12. Set the date of October 14, 2003 at 6:00 p.m. for a workshop to discuss amendments to the Council/Administrative Policy No. 110-1 relating to City Council Meeting Rules and Procedures.

13. Approved Resolution No. 2963 approving a Reimbursement Agreement with Mission Peak Homes, Inc., Subdivision No. 8470, for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas/P. Ehler)

14. Approve a Temporary Use Permit to allow for an annual one day car show in Brentwood City Park Located at Second and Oak Streets. (M. Oshinsky/T. Nielsen)

15. Approved Resolution No. 2964 authorizing the City Manager to execute a Professional Services Contract with Kaplan, McLaughlin Diaz to begin the site selection and programming process for the new City Hall Project, CIP Project No. 337-3139 in the amount of $195,000; and authorize the City Manager to execute change orders not to exceed 10% of the contract amount for the project.

16. Approved Resolution No. 2965 authorizing the start of construction for the Interim City Hall project, CIP Project No. 337-3140, and amend the project budget sheet to reflect a project cost of $1,126,000.00 to refurbish the 120 Oak Street facility. Authorize the City Manager to execute agreements with Glen-Crete Products Inc. for $67,700 including 10% contingency (Structural Steel Mechanical Platform and Stairs) and with InnerSpace Engineering Corporation for $97,000 including 10% contingency (Pre-Engineered Mezzanine).

17. Approved Resolution No. 2966 authorizing the City Manager execute a contract amendment with Vali Cooper & Associates, Inc. for Engineering and Parks and Recreation inspection services for new development and Capital Improvement Projects in the amount of $122,558.40, and authorize the City Manager to approve change orders up to 10% of the contract amount.

18. Approved Resolution No. 2967 authorizing the City Manager to execute a contract amendment with ECO:LOGIC Consulting Engineers to extend the contract for construction support services for the Sand Creek Road East Project, CIP Project No. 336-3061.

19. Approved appointment of Council Member Gutierrez as the Alternate Representative to East Contra Costa County Habitat Conservation Plan Association Executive Governing Committee.

20. Approved Resolution No. 2968 authorizing the revision to the Interim City Hall Project to reflect a separate project budget sheet titled Interim City Hall – 150 City Park Way and Park and Recreation Facility, CIP 337-3141 and approve the amended projects costs not to exceed $320,000.

21. Waived second reading and adopted Ordinance No. 757 approving an amendment to the PD-45 Zone by creating development standards for an approximate 54-acre subdivision known as Cedarwood, located on the north side of Sycamore Avenue, on either side of the future Garin Parkway extension (APN’s 016-190-006 and 007) Swisher abstained

It was moved/seconded by Petrovich/Hill to approve Consent Calendar Items 2, 4, 6-7, 9-11, 13 – 20 as recommended by staff. Council Member Gutierrez absent. Motion carried.

Item 1 Approve Minutes of Special Meeting held August 15, 2003

It was moved/seconded by Hill/Beckstrand to approve Item 1 as recommended by staff. Council Member Gutierrez absent and Mayor Swisher abstained. Motion carried.

Item 3 Set the date of September 9, 2003 for a workshop at 6:00 p.m. regarding status report on the Residential Growth Management Program (RGMP) for properties in the Northwest Quadrant Infrastructure.

Council Member Petrovich asked that the date be extended on the item so that he could be present.

It was moved/seconded by Petrovich/Hill to reschedule the workshop regarding the status report of the Residential Growth Management Program (RGMP) from September 9, 2003 to September 23, 2003. Council Member Gutierrez absent. Motion carried.

Item 8 Approve a Resolution approving a Reimbursement Agreement with Meritage Homes, Subdivision No. 8603, for costs associated with Master Plan Facility Improvements.

Council Member Petrovich noted that the item was pulled from the agenda as requested by the Developer, Meritage Homes.

Item 12 Approve a Resolution adopting amendments to the Council/Administrative Policy No. 110-1 relating to City Council Meeting Rules and Procedures.

It was moved/seconded by Swisher/Petrovich to reschedule the workshop from September 23, 2003 to October 14, 2003, at 6:00 p.m.. Council Member Gutierrez absent. Motion carried.

Item 21 Waive second reading and adopted Ordinance No. 757 approving an amendment to the PD-45 Zone by creating development standards for an approximate 54-acre subdivision known as Cedarwood, located on the north side of Sycamore Avenue, on either side of the future Garin Parkway extension (APN’s 016-190-006 and 007)

It was moved/seconded by Petrovich/Beckstrand to approve Item 21 as recommended by staff. Council Member Gutierrez absent and Mayor Swisher abstained. Motion carried.

PUBLIC HEARINGS

22. Consideration of an Ordinance amending Chapter 2.44 Arts Commission to amend officers, Poet Laureate and Public Art program.

Director of Parks and Recreation, Craig Bronzan, introduced a staff report and explained that the establishment of the public art program by Section 2.44, if approved by Council, would require new public projects. It was recommended that the program start with 50 percent of the recommended fee for an implementation period, going to full fee July 1, 2004; that the public art guidelines were set up with the definitions and the process to carry out the program and the public art guidelines set up definitions and allocate 80 percent of the funds for art work, artists and costs related to putting costs on the ground and 20 percent for program administration and the costs would be borne for the administration to carry out the program. Public Art Guidelines determined eligible and ineligible artwork, the responsibilities of the Council and Arts Commission, the artist selection jury and provided for final authority for approval for art work, for authorization of funds and everything that came as a recommendation form the Arts Commissions to the Council for approval.

Ron Beatty, Chairman of the Arts Commission, said he believed that the ordinance was right for the City and that the type of art and fee would be decided.

Mayor Swisher opened the public hearing.

It was moved/seconded by Petrovich/Hill to close the public hearing. Council Member Gutierrez absent. Motion carried.

Council Member Hill said that commercial development could not potentially be taxed to the extent it was disproportionate towards commercial development as a funding source versus private development and residential development. He said that it was not uncommon for construction projects to have construction value of $40 and $50 million and one percent would be $500,000. The public, the City through fee deferment through incentive programs and other various methods ended up subsidizing the project to see that the project occurred. The City would not only be subsidizing roads, water and sewer and would have to subsidize the Art fee. He recognized that there needed to be a source of funds to get the project started and that public art was a nice aspect of developing a community. He said he was opposed to initiating a project with a heavy emphasis on being funded by commercial development and that it would over burden those projects that the City wished to redevelop and it would not be viable for someone who was rehabilitating a building of 1,000 square feet to implement an art project. There was more leeway with residential developers as it related to their desire to participate in public art. He would be comfortable in moving forward with participation of the Arts Commission to develop the project and encourage the developer to bring forth unique architecture as well as amenities.

Commissioner Beatty said that was what the Commission would like to do.

Director Bronzan noted that a screening subcommittee group would work on making a recommendation, which included the property owner or developer who, in conjunction with the Arts Commission, could make a recommendation or other type of option or the recommendation could be that they had decided not to put in artwork and/or to not do it and then pay. It would be based on each project.

Council Member Hill said he believed it was irresponsible and that the project would be scrutinized as to whether or not it should have public art as part of it. It would be a mess and needed to be thought through the remodel aspect and appropriateness of applying to the remodel as well how administratively it would be handled.

Council Member Beckstrand explained that the ordinance had been revised many times because as the Arts Commissioners worked through each step of the process and understood how it would impact each department in the end and things had to be adjusted. She asked to see it get going since the time lost was art lost. There needed to be consistency in the community and to be sure that it would work.

Commissioner Beatty said an attractive tongue brought in attractive business and that was what the Commission was driving at.

Council Member Hill said he had to take on the reality of the enterprises that the City was involved in and sometimes, the City did not see them come into the community. He wants to be sure if the program was implemented, the City could defend it and maybe there was not a hard line number but a scale based on the size and there needed be ways to absorb it

Mayor Swisher said the Council did not have any numbers or projections and that it would be helpful in knowing that staff had a general idea, especially for homebuilders and to have five-year projections.

Council Member Hill said he did not know what the scope and scale would generate and he felt he was at a disadvantage to say whether it was appropriate or not. He said Council needed to question whether it was necessary to generate that kind of fee. The City could have public art on every corner but there would need to be ownership, maintenance and other things that needed to be assessed.

Mayor Swisher said that there needed to be some art in town and it needed to be more attractive.

Commissioner Beatty said that the Commission wanted to make the City attractive.

Council Member Hill presented an example of a 2,200 square foot Victorian house that was being converted from a house to a business and the owners were asking for fee deferrals for a parking in-lieu fee because they could not make the financial proforma work. This would be another fee that the City would have to waive and absorb. He wanted to see the Victorian house go from a residence that needed repairs to a business that the individual would invest approximately $400,000 or more in improvements. That type of revitalization was important to the City.

Council Member Petrovich asked to continue the item to September 9, 2003.

It was moved/seconded by Hill/Petrovich to continue Item 22 to September 9, 2003. Council Member Gutierrez absent. Motion carried.

23. Consideration of an Ordinance to establish an interim off-street parking in-lieu fee for new projects and/or additions and expansions of existing projects located within the downtown area.

Mike Leana, Chief of Planning, introduced a staff report and said that staff felt the adoption of a downtown parking in-lieu fee was the first step in looking at parking solutions for the downtown area. A public workshop would be held on September 8, 2003 and the plan would address the type, scale and mix of uses. Any building built before 1987 would have the substantially reduced parking requirement to encourage remodeling and renovation of buildings. Many of the buildings downtown had 100 percent coverage on the lot and there was no ability to provide any off street parking and variance requests had been frequent. Staff and Planning Commission had been supportive of the requests so that the vitality of downtown could continue. Staff felt that the fee could be utilized for the development, maintenance and construction of a parking structure or lot and had had checked with other cities and found that fees being collected were $1,000 to $26,000 per space. Staff felt that proposing something like that would be contrary to purpose, which was to encourage development. Council had been given a study that suggested a fee of $2,500 per stall and the recommendation had been taken to the Economic Development Committee, who had felt that a $5,000 fee would be more appropriate. Staff looked at the fee, which did not address residential uses and staff had worked at encouraging residential units on a second or higher story and a fee for residential was included. The other fee had to do with office use and in upgrading the downtown, the City needed to encourage retail on ground floor for walk-in traffic since office uses did not encourage walk-in traffic. The tied fee for office on the ground floor would be $10,000 and on the second floor, it would be the standard $5,000 as for the other two uses. He said staff recommended adopting the fee of $5,000 for short stall and that it be applied for residential, retail commercial, office on the second floor and $10,000 fee for office on the first floor. Council could modify the fees time, which could be increased over time as property values in downtown increased and would be addressed as part of the downtown specific plan.

Mayor Swisher opened the public hearing.

It was moved/seconded by Swisher/Hill to close the public hearing. Council Member Gutierrez absent. Motion carried.

Mayor Swisher said it was difficult to pick a fee if Council did not know what was to come in the future. He did not want to just pick numbers such as the $10,000 and $5,000 and he would like to compare it to reports and studies from other cities.

Council Member Hill said that until there was a strategy in place for parking, any fee would be premature since the City did not yet know what would be built with it. There was not a fee right now and a variance was not absolute. He was not comfortable arbitrarily adopting a $10,000 fee for office on the second floor. He said he believed that the rent was the same whether it was retail or office and the value of the property was the same in the downtown. There was flexibility for use and he preferred retail on the first floor.

Council Member Petrovich commented regarding parking structures and that he owned a building in town and that there was a plan to go up and over and the proposal would price him right out of the building and would cost him $1.2 million. He had 15 stalls on his lot and the cost of the extra stalls would take him right out. He had an offer that was in limbo because of the structure and he had a plan prepared to expand and he may submit it. He said that there was no parking issue downtown. Friday and Saturday nights there was a parking issue. Certain parking lots were empty and the prudential parking lot was always full and was the only parking lot in the City that was full. The concert series generated parking issues.

Council Member Hill said that Council maybe looking at developing an in lieu fee that was radius-based versus one at all.

Council Member Petrovich said he believed that there should not be a fee.

Mayor Swisher said that the item should return to the Subcommittee meeting to talk about the uses and to wait and see what would happen with the parking structure. The item was tabled.

24. Approve Resolution adopting the 2003/04 Cost Allocation Plan, and revising the City’s service fees.

Director of Finance and Information Services, Pam Ehler, presented a staff report on the 2003/04 Cost Allocation Plan and schedule of fees and she asked for the recommendation of the adoption of the program. Most fees had been increased by the annual CPI of 2.3 percent. Changes in the document included police civil subpoena fees charged at a four-hour minimum; it reflected a fee increase for the Diablo Water District fee and the balance of the program fees were being analyzed and would be brought to Council at a different time for approval. Parks and Recreation and wastewater fees had been updated to reflect the rate studies recently adopted by Council. Rent at the Education and Technology Center was listed in the document. Finance Department reviewed and updated the fees on an annual basis with a comprehensive study reviewed and revised every three to five years.

Mayor Swisher opened the public hearing.

It was moved/seconded by Petrovich/Swisher to close the public hearing. Council Member Gutierrez absent. Motion carried.

Mayor Swisher requested waiving the citation sign off fees for residents and keeping the fee for non-residents.

Director Ehler said the fee generated $5,200 per year.

In response to Council Member Beckstrand, Police Chief, Michael Davies, said a sign-off fee was charged whether or not the person was or was not a resident. He proposed that if it were a City-issued mechanical citation, that a charge would not be done. If it was another agency, he suggested charging a fee. Most of the surrounding cities were free and the City would spend all the time writing off fees. He was concerned about other citations coming to the City and the City would have to do a mass sign-off and it could become a tremendous burden on the Department.

Council Member Petrovich suggested offering the service to citizens for free and increasing the charge for non-citizens to $25.

Director Ehler noted that Council would be adopting a Citywide overhead of 31.69 percent and that the citation program was not paying for itself.

RESOLUTION NO. 2969

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING THE 2003/04 COST ALLOCATION PLAN.

It was moved/seconded by Petrovich/Swisher waive full reading of Resolution No. 2969 and adopt the 2003/04 Cost Allocation Plan as recommended by staff, with modification to the sign off fee for citations.

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

25. Waive first reading and adopt Ordinance No. 758 approving a zoning amendment for a 7.63± acre site and adopting development standards for Subarea F of PD-42. This project is generally located south of Sand Creek Road and West of Brentwood Boulevard Highway 4. (M. Oshinsky/D. Hill)

Council Member Beckstrand declared a potential conflict and left the Council Chamber.

Assistant Planner, Debbie Hill, introduced a staff report, noting that a Tentative Subdivision Map had been conditionally approved by Planning Commission, pending Council approval of the zoning amendment.

Mayor Swisher opened the public hearing.

It was moved/seconded by Petrovich/Hill to close the public hearing. Council Member Gutierrez absent. Council Member Beckstrand abstained. Motion carried.

ORDINANCE NO. 758

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A ZONING AMENDMENT TO PLANNED DEVELOPMENT 42 (PD-42) AMENDING CHAPTER 17.518 TO THE BRENTWOOD MUNICIPAL CODE WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR SUBAREA F OF PD-42 GENERALLY LOCATED SOUTH OF SAND CREEK ROAD AND WEST OF BRENTWOOD BOULEVARD.

It was moved/seconded by Petrovich/Hill to waive first reading of Ordinance No. 758 and approve as recommended by staff. Motion passed by the following vote:

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

Council Member Beckstrand returned to the dais.

26. Waive first reading and adopt Ordinance No. 759 amending Title 16, Subdivisions and Land Development, to add Chapter 16.165 and Chapter 16.166 to permit the City Manager to approve final maps and execute subdivision agreements. (J. Stevenson/D. Beougher)

City Attorney, Dennis Beougher, introduced a staff report stating that this was a proposed amendment to permit a designated City Official to accept final maps and approve subdivision improvement agreements related to the final map. The Map Act permitted an official to accept the maps and this was an efficiency matter that would allow not coming to Council for action and would save staff time. There were procedures in the Map Act that said Council should be notified of consideration when a final map was received and information concerning that would be provided. There was a requirement for an annual review and he proposed three years after initiation of the ordinance.

Mayor Swisher opened the public hearing.

It was moved/seconded by Petrovich/Hill to close the public hearing. Council Member Gutierrez absent. Motion carried.

ORDINANCE NO. 759

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING TITLE 16, SUBDIVISIONS AND LAND DEVELOPMENT, TO ADD CHAPTER 16.165 AND CHAPTER 16.166 TO PROVIDE THAT THE CITY MANAGER MAY APPROVE OR DISAPPROVE A FINAL SUBDIVISION MAP AND ACCEPT, SUBJECT TO IMPROVEMENT, OR REJECT DEDICATIONS AND OFFERS OF DEDICATIONS THAT ARE MADE BY A STATEMENT ON THE MAP AND ALSO TO APPROVE SUBDIVISION AGREEMENTS IN ACCORDANCE WITH CITY STANDARDS AND TO DELETE BRENTWOOD MUNICIPAL CODE SECTION 16.070.030(D) AND SECTION 16.070.040

It was moved/seconded by Petrovich/Hill to waive first reading of Ordinance No. 759 and approve as recommended by staff. Motion passed by the following vote:

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

OLD BUSINESS

Item 5 taken before Item 27.

Item 5 Waive first reading and adopt Ordinance No. 756 adding Chapter 17.725 to the Municipal Code establishing an Affordable Housing Program.

City Manager, John Stevenson, explained that staff had been directed to make minor changes to the ordinance regarding the prioritization, which had been previously set up as three tiers, and Council requested two tiers. Staff had made the change and Tier 1 was the people that lived and worked in the City and Tier 2 was all others. The phase-in period from 12 months, 50 percent rate was expanded to 12 months, 50 percent phase-in period followed by a six month period of 75 percent and after 18 months it would go into full implementation. Staff suggested that Council readopt the ordinance and waive the first reading again and it would be brought back at the next meeting for second reading and final adoption.

ORDINANCE NO. 756

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AMENDMENT TO THE MUNICIPAL CODE ADDING CHAPTER 17.725 THAT ESTABLISHES AN AFFORDABLE HOUSING PROGRAM.

It was moved/seconded by Hill/Beckstrand to waive first reading of Ordinance No. 756 with corrections made by staff. Motion passed by the following vote:

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

27. Continued to September 9, 2003 consideration of a resolution supporting the efforts led by Contra Costa Transportation Authority (CCTA) to reauthorize and extend Measure C as a primary funding source for transportation improvements in Contra Costa County, subject to two conditions. This recommendation is contingent upon CCTA continuing to provide funding for projects that benefit East Contra Costa County, such as Vasco Road, Highway 4 Bypass Extension, Highway 239 and Highway 84. We further recommend that any Measure C funding not be associated in any way with growth management, smart growth or the Urban Limit Line. While staff agrees that extending Measure C is a good thing for the citizens of Brentwood and the County in general, we cannot support nor encourage our citizens to support it without the above-mentioned conditions. (B. Grewal)

NEW BUSINESS

Item 28 Discussion of the decision by the Brentwood Community Chest to cease operations related to the distribution of food in the community.

Council Member Petrovich asked Council Members if they wished to do anything about the decision made by Brentwood Community Chest.

Council Members voiced their concerns and their desire to keep the Community Chest going. Council Members suggested recruiting someone else to work the program in order to carry on and the possibility of transitioning over the next year.

CITIZEN COMMENTS – None.

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

Mayor Swisher reported his attendance at an inter-regional partnership meeting held in Dublin regarding housing to jobs in balance and there were supervisors from five counties present.

Council Member Beckstrand noted that the Diego Rivera exhibits and show were very successful and constructive. Kindergarten through Eighth grade had gone to see the exhibit and had worked with Tri-Delta Transit. She announced the Arts Society annual fundraiser would be held September 27, 2003 at 5:00 p.m. at Roddy Ranch and added that the Frank Lloyd Wright exhibit was at the Tech Center.

Council Member Petrovich reported that the country barbeque was held on August 23, 2003. Omni funding paid for the food and the Boys Ranch was there and approximately 200 people attended.

REQUESTS FOR FUTURE AGENDA ITEMS

Mayor Swisher asked that Tuscany Development be brought back. He requested that budget numbers and projections be shown to the Council and that CIP budgets be shown in order to know what percentage of the budget the project was at and listing what budget it was coming out of.

Council Member Hill asked that Engineering report on how standards were adopted for pavement overlays, as it related to expansion of roadways. It was possible that a Council Policy be adopted to assist the City Engineer and he was prepared to do that. He was concerned about how contractors patched into existing roadways. He said to look at adopting a fee for the public utilities to cut into the existing roadways to do any necessary connections and that included PG&E and all utilities that cut into the roadways.

Council Member Beckstrand noticed that where Highway 4 widening/Brentwood Boulevard merged from two lanes into one going southbound, in front of Napa Auto Parts, there was about ½ block where people were confused about merging or not because ½ block later, it was back to two lanes. She said she believed that there was going to be an accident there and that the City needed to find a different way of marking that people needed to merge or to get out there with a paintbrush and let CalTrans know that it was two lanes all

City Engineer, Bailey Grewal, stated that Engineering was looking into making changes on the striping so that it did not confuse drivers.

Mayor Swisher said that the section from Sycamore to Village Drive needed to be finished.

It was moved/seconded by Hill/Petrovich to adjourn. Council Member Gutierrez absent. Motion carried.

There being no further business the meeting was adjourned at 9:03 p.m.

Respectfully Submitted,



Cynthia Garcia
Assistant City Clerk
 

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