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MINUTES
CITY OF BRENTWOOD
CITY COUNCIL MEETING
April 13, 2004

CALL TO ORDER (07:02 PM)

Roll Call (07:00 PM)
Present: Beckstrand; Gutierrez; Hill; Petrovich; Swisher
Absent: None

PRESENTATIONS (07:03 PM)

A. Recognition of the City of Brentwood by the California Park and Recreation Society. (Parks & Recreation Commissioner Ernie Rodrigues/Mayor Swisher)

A citation award from the Park & Recreation Society was presented by Ernie Rodrigues to Parks & Recreation Director, Craig Bronzan.

B. Proclamation recognizing volunteer award from the California Park and Recreation Society District III to Gilbert Dominguez. (C. Bronzan)

C. Presentation by Contra Costa County regarding Vasco Road safety study.

AGENDA REVIEW (07:27 PM)

Item 26

A. Development Agreement.
B. Changes and Exhibits to the Development Agreement.

Motion: Approve agenda review as recommended by staff.
Moved by Hill, seconded by Gutierrez.

Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher
Absent: None

CITIZEN COMMENTS (07:30 PM)

Paul Radliff spoke about the lack of maintenance around the walking trails on Minnesota Avenue. He asked that chipped trees not be dumped at the trails.

Director of Parks and Recreation, Craig Bronzan, stated that the area had been left as a natural vegetation was mown twice per year and committed to take care of it.

CONSENT CALENDAR - Items 1, 4, 8 and 16 - 18 and pulled for discussion. (07:38 PM)

1. Approve Minutes of March 23, 2004. (K. Diaz) Pulled for discussion

2. Approve Resolution No. 2004-67 authorizing the Mayor or City Manager and City Clerk or any of their designees to execute a Quitclaim Deed terminating any interest the City of Brentwood may have in that portion of an Irrevocable Offer of Dedication of an Easement for Storm, Flood and Surface Water Drainage lying within Parcel “D” (APN 018-060-043) as said parcel is shown upon the Parcel Map filed in the Office of the Recorder of Contra Costa County on July 22, 1976, in Book 47 of Parcel Maps at Page 7, generally located north of Lone Tree Way between O’Hara Avenue and Anderson Lane, and hereby conveying whatever interest the City may have in said easement to Carlos Briones and Carmen Briones. (B. Grewal/M. Sullivan)

3. Approve Resolution No. 2004-68 authorizing payment to Contra Costa Flood Control District for Sunset Industrial Complex drainage fees in the amount of $97,868.40, CIP Project 336-3128. (H. Sword/ G. Rozenski/P. Eldredge)

4. Approve a Resolution (1) approving the form of a Purchase Agreements and Grant Deeds attached to the staff report used for the sale of 21.6 acres (±) of City-owned property known as the Sunset Industrial Complex, CIP No. 336-3128, and identified as a portion of APN 018-200-008 (Subdivision Map 8588 Sunset Industrial Complex), generally located on the north side of Sunset Road between Brentwood Boulevard and Sellers Avenue; and (2) authorizing the City Manager or his designee to execute the Purchase Agreements and Grant Deeds for Sunset Industrial Complex, hereby conveying real property on behalf of the City to various purchasers as identified in Resolution, or their designees, and to execute such other documents as may be needed to complete the transactions. (H. Sword/G. Rozenski) Pulled for discussion

5. Approve Resolution No. 2004-69 authorizing the City Manager to execute a Professional Consultant Services Agreement with Associated Right of Way Services, Inc., for Fiscal Year 2004/05, to continue utilizing their right-of-way services. (B. Grewal/M. Kirby/M. Sullivan)

6. Approve Resolution No. 2004-70 authorizing a Purchase Agreement with John & Catherine Bright, husband and wife as Joint Tenants, for real property identified as a portion of APN 018-080-021, generally located on the south side of Lone Tree Way between Fairview Avenue and O'Hara Avenue, 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, for the Lone Tree Way - Union Pacific Undercrossing Project, CIP Project No. 336-3134. (B. Grewal/M. Sullivan)

7. Approve Resolution No. 2004-71 amending City Policy 10-2 concerning distribution of utility customer information. (P. Ehler)

8. Approve a Resolution authorizing the City Manager to execute a Purchase Order for Howk Systems not to exceed the amount of $80,000 for emergency well repairs. (P. Zolfarelli/J. Majarucon) Pulled for discussion

9. Approve Resolution No. 2004-72 supporting SB 1266, regarding annexations. (M. Oshinsky)

10. Approve an agreement between the City of Brentwood and Byron Union School District relating to joint-use of facilities. (C. Bronzan/P. Scherff)

11. Approve Resolution No. 2004-73 amending the 2003/2004 Operations Budget to include an additional $80,500, donated by Shea Homes, for the Arts Commission. (C. Bronzan/P. Scherff/T. Clark)

12. Approve appointment of Kermit Sveen to the Arts Commission for a three-year term to expire December 31, 2006. (C. Bronzan/P. Scherff)

13. Accept resignation of Clayton Woolley from the Arts Commission. (C. Bronzan/P. Scherff)

14. Approve Resolution No. 2004-74 authorizing the City Manager to execute a contract with Pacific Gas and Electric (PG&E) in an amount not to exceed $67,290.62 for the undergrounding of the existing 21 kV Overhead Distribution Power Line on Shady Willow Lane along the Golden Hills Church frontage and approve change orders up to 10% of the contract amount for the Shady Willow Lane Extension, CIP Project No. 336-3143. (B. Grewal/B. Bornstein)

15. Approve Resolution No. 2004-75 authorizing the City Manager to execute a change order in an amount not to exceed $40,000 with RGM and Associates for Construction Management Services for the completion of work at the 120 Oak Street, CIP Project No. 337-3140. (H. Sword/M. Huber)

16. Approve a Resolution authorizing the City Manager to extend the timeline and offer to the County to enter into a 0% 10-year loan agreement with in an amount not to exceed $1.5 million to be spent for construction of safety improvements to Vasco Road within Contra Costa County, to begin within the next six months as Phase I, and extend the sunset clause to 18 months from the adoption of this resolution and increase the loan offer by $500,000 if the County begins construction of widening and or passing lanes in the summer of 2005. (J. Stevenson/M. Huber) Pulled for discussion

17. Set the date of Tuesday, May 4, 2004 at 6:00 p.m. for a Joint Workshop between the City Council and Planning Commission to review the 100% Schematic Design for the New City Hall, CIP Project No. 337-3139 and review interim downtown and long term Civic Center alternatives. (H. Sword/M. Huber) Pulled for discussion

18. Set the dates of May 19, June 2 and June 30, 2004 at 6:00 p.m. in the Community Center to hold joint City Council and Planning Commission Workshops to review and discuss the Downtown and Brentwood Boulevard Specific Plans. (H. Sword) Pulled for discussion

19. Approve Resolution No. 2004-76 authorizing the City Manager to execute a purchase order for Schaeffer Industries in an amount not to exceed $60,000 for collection bins. (P. Zolfarelli/ J. Carlson)

20. Approve Resolution No. 2004-77 authorizing the purchase of two new Solid Waste automated collection trucks and one Solid Waste roll-off truck from Golden Gate Truck Center and authorizing the City Manager to execute a purchase agreement not to exceed $543,325.55. (P. Zolfarelli/J. Carlson)

21. Approve Resolution No. 2004-78 amending the Budget Sheet for the Lone Tree Way Widening - Segments 1 and 2, CIP Project No. 336-3127. (B. Grewal/P. Eldredge)

22 Approve a Temporary Use Permit 04-09 to allow the Brentwood Women’s Club the use of City owned property for the annual Children’s Literacy Faire, located in City Park and in front of the Brentwood Library on April 17, 2004 from 10:00 am to 2:00 pm. (M. Oshinsky/T. Nielsen)

23. Continue to May 11, 2004 the Public Hearing to Determine Whether a Material Breach of Cable Television Franchise Has Occurred – Assignment of Franchise without the City’s approval. (D. Beougher)

CONSENT CALENDAR ACTIONS (07:41 PM)

Motion: Approve CONSENT CALENDAR Items 2 – 3, 5 – 7, 9 – 15 and 19 - 23.
Moved by Beckstrand, seconded by Hill.

Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher
Absent: None

1. Approve Minutes of March 23, 2004. (K. Diaz)

Motion: Approve Minutes as submitted.
Moved by Hill, seconded by Beckstrand.

Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich
Absent: None.
Abstain: Swisher

4. Approve a Resolution (1) approving the form of a Purchase Agreements and Grant Deeds attached to the staff report used for the sale of 21.6 acres (±) of City-owned property known as the Sunset Industrial Complex, CIP No. 336-3128, and identified as a portion of APN 018-200-008 (Subdivision Map 8588 Sunset Industrial Complex), generally located on the north side of Sunset Road between Brentwood Boulevard and Sellers Avenue; and (2) authorizing the City Manager or his designee to execute the Purchase Agreements and Grant Deeds for Sunset Industrial Complex, hereby conveying real property on behalf of the City to various purchasers as identified in Resolution, or their designees, and to execute such other documents as may be needed to complete the transactions. (H. Sword/G. Rozenski)

Motion: Approve waiving full reading and adopting Resolution No. 2004-79, directing that the City Manager, or his designee, be removed from the report and that the deeds and history be reported at each meeting as they closed.
Moved by Petrovich, seconded by Beckstrand.

Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher
Noes: None
Abstain: None

8. Approve a Resolution authorizing the City Manager to execute a Purchase Order for Howk Systems not to exceed the amount of $80,000 for emergency well repairs. (P. Zolfarelli/J. Majarucon)

Motion: Approve waiving full reading and adopting Resolution No. 2004-80 as recommended by staff.
Moved by Petrovich, seconded by Hill.

Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher
Noes: None
Abstain: None

16. Approve a Resolution authorizing the City Manager to extend the timeline and offer to the County to enter into a 0% 10-year loan agreement with in an amount not to exceed $1.5 million to be spent for construction of safety improvements to Vasco Road within Contra Costa County, to begin within the next six months as Phase I, and extend the sunset clause to 18 months from the adoption of this resolution and increase the loan offer by $500,000 if the County begins construction of widening and or passing lanes in the summer of 2005. (J. Stevenson/M. Huber)

Motion: Approve waiving full reading and adopting Resolution No. 2004-81 extending the agreement for an additional six months for $1.5 million with the first $786,000 being used to begin improvements, with the rest of the money being earmarked if the County could come up with the additional beneficial safety improvements.
Moved by Hill, seconded by Gutierrez.

Vote: Carried 4-1.
Yes: Gutierrez; Hill; Petrovich; Swisher
Noes: Beckstrand
Abstain: None

17. Set the date of Tuesday, May 4, 2004 at 6:00 p.m. for a Joint Workshop between the City Council and Planning Commission to review the 100% Schematic Design for the New City Hall, CIP Project No. 337-3139 and review interim downtown and long term Civic Center alternatives. (H. Sword/M. Huber)

Motion: Approve Item 17 as recommended.
Moved by Swisher, seconded by Hill.

Vote: Carried 4-1.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Noes: Petrovich
Abstain: None

18. Set the dates of May 19, June 2 and June 30, 2004 at 6:00 p.m. in the Community Center to hold joint City Council and Planning Commission Workshops to review and discuss the Downtown and Brentwood Boulevard Specific Plans. (H. Sword)

Motion: Approve Item 18 as recommended.
Moved by Swisher, seconded by Hill.

Vote: Carried 4-1.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Noes: Petrovich
Abstain: None

PUBLIC HEARING (08:23 PM)

24. Consideration of a Resolution amending the 2003/04 Master Fee Schedule/Cost Allocation Plan adopted by Resolution No. 2969 for various park and recreation facility rental and special event application processing fees. (C. Bronzan/P. Scherff/T. Clark)

Director of Parks and Recreation, Craig Bronzan, presented a staff report Mayor Swisher opened the public hearing.

Motion: Approve closing the public hearing.
Moved by Swisher, seconded by Hill.

Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher
Absent: None
Abstain: None

Motion: Approve waiving full reading and adopting Resolution No. 2004-82 as recommended by staff.
Moved by Petrovich, seconded by Hill.

Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher
Absent: None
Abstain: None

At 8:29 PM, the City Council recessed.

At 8:41 PM, the City Council reconvened with all Council Members present.

25. Consideration of an Ordinance approving the Rezone (RZ 03-08) of approximately 30.7 acres from a combination of R-1-E to PD-59 with the establishment of development standards, and approval of a Resolution approving Vesting Tentative Subdivision Map (TSM8724) to divide the property into 84 residential lots, a pocket park, and related improvements located generally southwest of the intersection of Neroly Road and O’Hara Avenue. (M. Oshinsky/W. Rhodes)

Senior Planner, Winston Rhodes, presented a staff report,

Mayor Swisher opened the public hearing.

Ron Dennis said he had worked with several property owners to negotiate a reasonable purchase price for the agricultural reserve rights.

Motion: Approve closing the public hearing.
Moved by Swisher, seconded by Hill.

Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher
Absent: None
Abstain: None

Motion: Approve waiving full reading and adopting Ordinance No. 774 as recommended by staff.
Moved by Petrovich, seconded by Swisher.

Vote: Carried 4-1.
Yes: Gutierrez; Hill; Petrovich; Swisher
Noes: Beckstrand
Absent: None
Abstain: None

26. Consideration of an Ordinance approving the pre-zone of 593 acres to Planned Development No. 64, a Resolution initiating an application to LAFCO for the annexation of 593 acres, an Ordinance approving a General Plan Amendment creating PD-64 and establishing development standards for the Active Adult units, Executive Home units, Active Adult Recreation Center, Village Center, Winery with Amphitheater, Community College site, John Marsh House Park site, and the PG&E site, and an Ordinance approving the Development Agreement between the City and the Vineyards at Marsh Creek, LLC, all for the Vineyards at Marsh Creek Project. (M. Oshinsky/J. Zilm)

Senior Planner, Jeff Zilm, presented an extensive staff report, noting that the project would assist in facilitating the annexation of certain parcels into the City.

Mayor Swisher opened the public hearing.

The following citizens spoke in favor of the project: Carlos Sanabria, Mary Black, Tino Bacchini and Gene Metz.

The following citizens were in favor of the project and did not speak: Hackett/Hochstrasser, Ben Cerruti, Peter Garcia, Carey Hutchison, Bill Bristow, High V. Maiocco, Carol Maiocco, G. Hutchens, Judy Secor and Mary Gunden.

Motion: Approve closing the public hearing.
Moved by Swisher, seconded by Hill.

Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher
Absent: None
Abstain: None

Motion: Approve waiving full reading and introducing Ordinance No. 775 for the pre-zone; approve waiving full reading and adopting Resolution No. 2004-84 initiating an application to LAFCO; approve waiving full reading and introducing Ordinance No. 776 for the General Plan Amendment; approve waiving full reading and introducing Ordinance No. 777 creating PD-64 and development standards and approve waiving full reading and introducing Ordinance No. 778 approving the Development Agreement with the Vineyards at Marsh Creek, LLC, as recommended by staff, including the request for the retention basin.
Moved by Petrovich, seconded by Hill.

Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher
Absent: None
Abstain: None

27. Consideration of an Ordinance amending Section 17.850 of the Brentwood Municipal Code relating to Temporary Use Permits. (M. Oshinsky/T. Nielsen)

Planner Technician, Tim Nielsen, presented a staff report, noting that uses for closure of City right of way required Council approval for the use.

Mayor Swisher opened the public hearing.

Greg Robinson said he was in support of the amendment and asked that the ordinance be set up to show the difference between commercial uses and non-profit uses.

Motion: Approve closing the public hearing.
Moved by Petrovich, seconded by Hill.

Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher
Absent: None
Abstain: None

Motion: Approve waiving full reading and introducing Ordinance No. 779 as recommended by staff.
Moved by Hill, seconded by Gutierrez.

Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher
Absent: None
Abstain: None

OLD BUSINESS

28. Waive the second reading and adopt Ordinance No. 773, approving a Rezone (RZ 04-04) from a mix of R-1-10 and R-1-E to PD-66 and establishment of development standards for a 123.04-acre site, located generally on the south side of the Grant Street extension, east of the Union Pacific Railroad tracks, on either side of the O’Hara Avenue extension. (M. Oshinsky/E. Nolthenius)

Mayor Swisher and Council Member Beckstrand declared a conflict.

Council Member Hill presided.

Senior Planner, Erik Nolthenious presented a staff report.

Motion: Approve waiving full reading and adopting Ordinance No. 773 as recommended by staff.
Moved by Petrovich, seconded by Gutierrez.

Vote: Carried 3-0.
Yes: Gutierrez; Hill; Petrovich
Absent: None
Abstain: Beckstrand; Swisher

CITIZEN COMMENTS - None. (09:18 PM)

INFORMATIONAL REPORT FROM STAFF - No action required

29. Subdivision No. 8735, Arbor Village, located south of Sycamore Avenue and east of Brentwood Boulevard; Final Map Approval. (K. Diaz)

REQUESTS FOR FUTURE AGENDA ITEMS

Council Member Petrovich announced that the Mexican Fiesta would cost $25 and that on April 23, 2004, the Brentwood Unified School District Educational Foundation event would be held at Bunkers.

ADJOURNMENT (09:22 PM)

Motion: Approve adjournment.
Moved by Swisher, seconded by Gutierrez.

Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher
Absent: None.
Respectfully Submitted,

Cynthia Garcia
Assistant City Clerk

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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