CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
September 23, 2003
A regular meeting of the City Council of the City of Brentwood was called to
order at 5:45 p.m. in the Council Chambers located at 734 Third Street, with
Mayor Swisher presiding.
Present: Councilmembers Beckstrand, Gutierrez, Hill, Petrovich, Mayor
The meeting adjourned to closed session at 5:45 p.m. pursuant to Government
Code §54956.9 (b) and 54956.8
Conference with Legal Counsel - Anticipated Litigation concerning Comcast
franchise renewal pursuant to Gov’t Code § 54956.9 (b).
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.
Closed Session adjourned at 6:15.p.m. with no reportable items.
At 6:20 p.m., the meeting reconvened in open session for the purpose of a
demonstration by the Police Department on taser training and a workshop
regarding RGMP and the recommendation to extend the exemption of the
Northwest Quadrant Infrastructure. The workshop adjourned at 6:47 p.m.
At 7:01 p.m., the regular meeting of the Brentwood City Council was called
to order. Council Member Beckstrand absent.
A. Proclamation - STAND against domestic violence
B. Proclamation – City Read Weeks – Leonard Roudman
C. Proclamation – CAER Contra Costa Community Awareness and Emergency
D. Presentation by Roy Ghiggeri concerning Unity Plaza project at Liberty
Roy Ghiggeri said that the Unity Plaza project ground breaking was scheduled
for March 2004 and that Liberty was looking for funding for the project, in
the amount of $60,000. It was a community effort and donations were coming
in that donations could be in time or money. The goal was to have it open in
the following school year.
Council Member Hill offered to donate his October City Council check to the
Item 10 Modifications to staff report.
Item 11 Pull from the agenda as requested by staff.
Item 17 Proposed changes to the agreement.
It was moved/seconded by Petrovich/Hill to approve the changes per Agenda
Review. Council Member Beckstrand absent. Motion carried.
CITIZEN COMMENTS – None.
City Manager, John Stevenson, introduced and welcomed new Assistant City
Manager, Karen Stein.
1. Approve Minutes of April 22, 2003 and August 26, 2003. Pulled for
2. Approved Resolution No. 2981 approving an agreement for purchase of fee
parcel with East Contra Costa Irrigation District (ECCID), for real property
identified as a thirty foot ECCID canal (no assigned parcel number shown per
title company), generally located south of the intersection of Amber Lane
and Shady Willow Lane and adjacent to the East Bay Municipal Utility
District (EBMUD) Aqueduct, 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 agreement, and such other documents as may be
needed to complete the transaction including acceptance of the Deed.
3. Approved Resolution No. 2982 authorizing the City Manager to execute a
Contract Change Order with Concrete Science Inc. for Construction Materials
Support for the Sand Creek Road (East), CIP Project No. 336-3061, in the
amount of $16,000, and approve change orders up to 10% of the contract
4. Approved Resolution No. 2983 authorizing the City Manager to execute an
Agreement for Professional Consultant Services with Northstar Engineering
Group, Inc. for the design of O’Hara Loop Realignment, CIP Project No.
336-3145, in the amount of $120,142, and authorize change orders up to 10%
of the contract amount.
5. Authorized the City Manager to execute a professional services agreement
not to exceed $118,600 plus a 10% contingency, for a total of $130,460, with
Carlson Barbee & Gibson, Inc. to prepare a Survey, Tentative Map, Final Map
and related work for the Sunset Industrial Complex and a amend the CIP
Project # 337-3128 budget.
6. Approved Resolution No. 2984 accepting all on-site improvements for
maintenance, accepting the Subdivision Maintenance Bond and releasing the
Subdivision Improvement Securities for Harvest Glen, Subdivision No. 8462,
built by Standard Pacific Corporation, located south of Balfour Road and
east of Fairview Avenue.
7. Approved Resolution No. 2985 authorizing the Finance Director to
reallocate the $1 per month residential water charge to a $1 per month with
annual Cost Pricing Index (CPI) increase billed to each residential property
owner for sanitary sewer service in the City of Brentwood.
8. Approved Resolution No. 2986 authorizing the City Manager to execute a
Lease Agreement for 118 Oak Street between the Contra Costa County Health
Services Department and the City of Brentwood.
9. Approved Resolution No. 2987 authorizing the City Manager to execute a
Design Change Order with Abey/Arnold Associates for completion of Sand Creek
Road (East), CIP Project No. 336-3061, in an amount not to exceed $16,400,
and authorizing the City Manager to execute change orders up to 10% of the
total contract amount.
10. Approved Resolution No. 2991 extending the time period for which
projects in the Northwest area are exempt from the Residential Growth
Management Plan (RGMP) to July 6, 2004. Petrovich voted no
11. Pulled per agenda review approval of a Resolution approving a
Reimbursement Agreement with Braddock & Logan Services, Inc., Subdivision
No. 8661, for costs associated with Master Plan Facility Improvements.
12. Approved Resolution No. 2988 awarding the construction contract for the
Water Distribution Telemetry/SCADA System and Well Disinfection System
Upgrade, CIP Project No.’s 562-5620 and 562-5624, to Control Manufacturing
Company, Inc. and authorize the City Manager to execute the Agreement and
necessary documents in the amount of $1,185,824, which includes one bid
alternate, and authorize the City Manager authority to execute change orders
up to 10% of the contract amount and amend the CIP Project Budget sheets
13 Approved Resolution No. 2989 authorizing the City Manager to execute
agreements for design services and construction management services for the
new Police Facility Project, CIP Project 337-3142 and amend the 2003/2004
project sheet to reflect current budget limits.
14. Approved Resolution No. 2990 authorizing the City Manager to execute a
Maintenance and Electrical Facility Cost Sharing Agreement with the State
Route 4 Bypass Authority and the City of Brentwood.
15. Waive second reading and adopted Ordinance 760 amending chapter 2.44
Arts Commission to amend officers, poet laureate, and Public Art Program.
It was moved/seconded by Petrovich/Hill to approve consent Calendar Items 2
– 9 and 12 - 15 as recommended by staff. Council Member Beckstrand absent.
Item 1A Approve Minutes of April 22, 2003.
It was moved/seconded by Petrovich/Swisher to approve Item 1A as recommended
by staff. Council Member Hill abstained and Council Member Beckstrand
absent. Motion carried.
Item 1B Approve Minutes of August 26, 2003.
It was moved/seconded by Petrovich/Hill to approve Item 1B as recommended by
staff. Council Member Gutierrez abstained and Council Member Beckstrand
absent. Motion carried.
Item 10 Approve a Resolution extending the time period for which projects in
the Northwest area are exempt from the Residential Growth Management Plan (RGMP)
to July 6, 2004.
Council Member Petrovich stated that he was not in favor of the RGMP.
RESOLUTION NO. 2991
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN
EXTENSION OF TIME FOR THE EXEMPTION TO THE RESIDENTIAL GROWTH MANAGEMENT
PROGRAM (RGMP) FOR PROPERTIES IN THE NORTHWEST QUADRANT AREA OF THE CITY AS
PREVIOUSLY DEFINED UNTIL JULY 6, 2004.
It was moved/seconded by Hill/Swisher to waive full reading and approve
Resolution No. 2991 as recommended by staff. Motion passed by the following
AYES: Council Members Gutierrez, Hill and Mayor Swisher
NOES: Council Member Petrovich
ABSENT: Council Member Beckstrand
16. Consideration of an Ordinance amending the Garin Ranch Specific Plan and
Zoning Ordinance to:
a. Rezone 7.3 acres designated for Apartment/Condominium use, 7.1 acres
designated for Commercial use and 7.6 acres designated for Public Facility
use to 9 acres designated for Commercial use and 13 acres designated for
Townhouse/Cluster Home use and establish development standards for the
Townhouse/Cluster Home use;
b. Rezone Planning Area 5 from Duet/Townhouse use to Zero Lot Line single
family residential use and establish development standards for the Zero Lot
Line single family residential use, for property all within Signature
Properties Garin Ranch Development. (M. Oshinsky/J. Zilm)
Council Member Hill declared a potential conflict and left the Council
Senior Planner, Jeff Zilm, presented a staff report, noting that when Garin
Ranch had been created in 1991, it had been divided into several planning
areas and was boarded by Sellers to the east, Balfour to the south, the
downtown to the west and Chestnut to the north. Planning Area 1 was created
for 10.4 acres and was for apartment and condominium uses. Planning Area 5
was 10.5 acres created for townhouses. Signature Properties proposed to
change Planning Area 1 to increase the area, take out apartments and build
105 townhouses and 69 cluster homes on 16 acres. They proposed to change
Planning Area 5 from townhouses to 96 zero lot line single family homes and
was under the Garin Ranch Specific Plan. Staff recommended rezoning 22 acres
from apartment, condominium, commercial and public facility uses to
commercial, townhouse cluster home uses with development standards for the
townhouse, cluster home uses and rezone 10.5 acres from duet/townhouse uses
to zero lot line single family use with development standards for the zero
lot line single family use.
Mayor Swisher opened the public hearing.
Joseph Zawidsky, Vice President of Signature Properties, said that the
project had originally been a variety of housing types and was now down
zoned based on community input. Area 5 townhouses were transferred to the
Balfour Road area, which was a more intense urban area. Signature requested
that the zoning be changed from townhouses to single family detached, zero
lot line homes and resulted in a net reduction of 20 units. He requested the
support of Council.
It was moved/seconded by Petrovich/Gutierrez to close the public hearing.
Council Member Hill abstained and Council Member Beckstrand absent. Motion
ORDINANCE NO. 761
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED
DEVELOPMENT NO. 17 AND THE GARIN RANCH SPECIFIC PLAN BY CHANGING 22 ACRES
FROM APARTMENT, CONDOMINIMIUM, COMMERCIAL, PUBLIC FACILTY USES TO
COMMERCIAL, TOWNHOUSE, CLUSTER HOME USES WITH DEVELOPMENT STANDARDS FOR THE
CLUSTER HOME USE (PLANNING AREA 1) AND BY CHANGING 10.5 ACRES FROM
DUET/TOWNHOUSE USES TO ZERO LOT LINE SINGLE FAMILY USE WITH DEVELOPMENT
STANDARDS FOR THE ZERO LOT LINE SINGLE FAMILY USE (PLANNING AREA 5), LOCATED
WITHIN SIGNATURE PROPERTIES GARIN RANCH DEVELOPMENT.
It was moved/seconded by Petrovich/Gutierrez to waive first reading and
adopt Ordinance No. 761 as recommended by staff. Motion passed by the
AYES: Councilmembers, Gutierrez, Petrovich, Mayor Swisher
ABSENT: Council Member Beckstrand
ABSTAIN: Council Member Hill
Council Member Hill returned to the Council Chambers.
17. Consideration of an Ordinance amending a Mitigated Negative Declaration,
a rezone, including the addition of development standards, and an amended
Development Agreement for property located south of Balfour Road on both
sides of John Muir Parkway.
Chief of Planning, Mike Leana, introduced a staff report and explained that
the item included a general plan amendment rezoning with additional
development standards and amendments to the existing development agreement
on seven acres that John Muir was in the process of purchasing from ARCO.
The existing ARCO station was located at the southeast corner of John Muir
Parkway and Balfour Road and the seven acres that John Muir wished to
purchase surrounded the gas station. When the land use and zoning was
established for John Muir, a special Area Q was established and rezone Area
PD-49 and the John Muir representatives stated that they would like to mesh
the property nearby into the existing project and it necessitated a general
plan amendment and rezone. To be consistent with the all new planned
developments, the City created sub areas for the new PD-49 and the existing
PD-49 included the easterly area which included the first phase development
of the overall master plan for John Muir and Sub Area B was the other the
original PD-49 and was set aside for a combination high density such as
office and commercial. The two new areas being added were created. Sub Area
C was being set aside for commercial uses and small remnant Sub Area D was
being set aside for a combination of either convalescent day care and/or low
profile office buildings.
Council Member Petrovich asked if there was a deadline in the original
Chief of Planning Leana said he believed that the original development
agreement gave John Muir a three year period to pull a building permit for
the first phase. John Muir was close to pulling the permit for the 108,000
square feet building
Council Member Petrovich asked if there were guidelines which included a
completion date and he asked for a status report of where John Muir was at
since that they had stated that they were breaking ground in August. He
asked that it be brought back with a staff report.
Chief of Planning Leana said that the ordinance would be back in two weeks
for a second reading for the rezoning and Development Agreement and that the
status report could be included with the second reading.
Director of Community Development, Mitch Oshinsky, explained that the
provision in the First Amendment to the Development Agreement was for the
construction schedule to commence in summer 2003 and be completed in summer
Mayor Swisher noted the proposed changes to the John Muir application
commencement schedule date should be November 2004 instead of summer of
2003, which was pushing it another year past.
Council Member Petrovich stated that he was not in favor of going forward
with the item.
Council Member Gutierrez asked for a report in order to make an informed
Mayor Swisher opened the public hearing.
Tom Tyrrell, John Muir/Mount Diablo Health System, stated that the intent
was to facilitate the purchase of the ARCO property and get rid of obnoxious
uses, which PD-20 allowed and it was to control the access to the
park/medical campus and to get higher quality design standards, which the
project deserved. Regarding the timing, the development agreement between
the City and John Muir Mount Diablo required commencement of the 15,000
square feet of construction, within three years, which he believed was
October of next year and was a commencement start with completion occupancy
of five years. The project that was in for the permit and for infrastructure
was under construction and John Muir had submitted an application for a
grading permit for the 108,000 square foot surgery center with other uses,
which required more time. The building had been awarded to Turner and would
commence next year and be occupied late next year. The reference to dates
was to be technically correct in the recital language and did not affect any
language that had been agreed to and John Muir was not requesting any
changes in the development agreement and design guidelines wanted to proceed
in purchasing the property. He noted that time was of the essence and these
were larger projects and he wanted to correct concerns about John Muir.
Council Member Petrovich said he would still like to have a report.
Council Member Gutierrez noted that this was specifically asking for design
Mayor Swisher said that if the item passed it would need a second reading
and could be placed under old business and the report included.
Council Member Hill said that when reading the recital, it clearly stated
that on March 18, 2003, the Planning Commission approved the application for
108,000 square foot building and construction was scheduled to commence in
September 2003 and be completed in the summer of 2004 and the changes
requested November 2004.
Mr. Tyrrell said that the review was being requested by the legal team since
the documents were all layered on top of one another correctly. It was not
intended to change the clause in that development agreement that said if
John Muir did not start by a certain date of a certain minimum size, then
they would loose things.
Council Member Hill said he objected to making changes and asked why the
City would be making amendments to a recital that had no relevance to the
agreement that John Muir actually considered binding. He said he realized
that time was of the essence and believed that Council should not move ahead
until such time as these items were truly in sync with the development
agreement that was in place. He was not opposed to the conceptual idea but
did not want to be told that the language did not mean anything because it
did and if a legal team was looking at it, it meant that they were
Mr. Tyrrell said that John Muir did not have a legal interest in a piece of
property; they had a contract to purchase and that John Muir wanted to
clarify issues if the agreement was ever to be challenged and to make
certain that the language and dates were accurate in the recital.
Council Member Petrovich said that once John Muir was in contract, they were
bound to purchase the property unless someone defaulted.
Council Member Hill said that John Muir would not have legal ownership but
would have an interest in the property. He said he believed that Mr. Tyrrell
and his legal team and the City Attorney needed to get together to get the
recitals in sync with the real agreement the City had and he was confused
about looking at dates that were not in the current contract. He expressed
concerns about manipulating the language of the contract.
It was moved/seconded by Petrovich/Hill to continue the public hearing to
October 14, 2003. Council Member Beckstrand absent. Motion carried.
18. Waive first reading of an Ordinance amending Chapter 2.04.020 relating
to Time and Place of Meeting.
City Clerk, Karen Diaz, stated that Council discussed the ability to be able
to cancel Council meetings at their last meeting. The current Code stated
that Council shall meet on the second and fourth Tuesday of the month and
did not allow for cancellations. The proposed ordinance had language in it
that would allow Council to cancel a meeting with prior approval from the
Mayor Swisher opened the public hearing.
It was moved/seconded by Swisher/Hill to close the public hearing. Council
Member Beckstrand absent. Motion carried.
ORDINANCE NO. 762
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING CHAPTER
2.04 RELATING TO TIME AND PLACE OF MEETINGS
It was moved/seconded by Hill/Petrovich to waive first reading and adopt
Ordinance No. 762 as recommended by staff. Motion passed by the following
AYES: Councilmembers Gutierrez, Hill, Petrovich, Mayor Swisher
ABSENT: Councilmember Beckstrand
CITIZEN COMMENTS – None.
INFORMATIONAL REPORTS FROM COUNCIL MEMBERS - none
Council Member Hill commented that Council had discussed the Community Chest
at a previous meeting. He reported that service clubs would join together to
move forward with the Community Chest and Rose Pierce had agreed to foster
the groups through transition for the first year and that December 19, and
December 20, 2003 would be packing and distribution and the site would be
REQUESTS FOR FUTURE AGENDA ITEMS – None.
It was moved/seconded by Swisher/Hill to adjourn the meeting. Council Member
Beckstrand absent. Motion carried.
There being no further business the meeting was adjourned at 7:58 p.m.
Assistant City Clerk