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CITY OF BRENTWOOD
CITY COUNCIL MINUTES
NOVEMBER 09, 2004
COUNCIL CHAMBER

CALL TO ORDER (5:11 PM)
Roll Call
Present: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich

ADJOURN TO CLOSED SESSION (5:12 PM)
Closed Session pursuant to Government Code §54957:
PUBLIC EMPLOYMENT RECRUITMENT – City Manager Position

Closed Session pursuant to Government Code §54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Liberty Union High School District Bus Barn, Oak Street
City Negotiator: John Stevenson
Under negotiation: Price and Terms of Payment

Property: Veterans Memorial Building, 757 First Street
City Negotiator: Karen Chew and John Stevenson

Closed Session pursuant to Government Code §54956.9A:
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One case: Comcast

RECONVENE IN OPEN SESSION (6:45 PM)

CALL TO ORDER CITY COUNCIL (07:01 PM)
Roll Call
Present: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich

REPORT ON CLOSED SESSION (07:02 PM)
Mayor Swisher announced that there was nothing to report from Closed Session.

PRESENTATIONS (07:02 PM)
A. Maintenance Superintendent’s Association (MSA) presentation of the Public Works Peter Walsh Award to Jim Gallegos, Streets Manager.

B. Proclamation declaring November 21 - 27, 2004 as National Family Week.

Clinton and Mary Sudwegs accepted the proclamation for National Family Week.

C. Proclamation recognizing November as Homeless Awareness Month.

Al Koolage accepted the proclamation for Homeless Awareness Month.

D. New Employee Introduction & Oath of Allegiance.

City Engineer, Bailey Grewal, introduced Frank Lideros, Associate Engineer, and Heather Silfies, Administrative Assistant I.

Public Works Director, Paul Zolfarelli, introduced Chris Ehlers, Water Operations Manager; James Sandlin, Senior Mechanic; Jim Howard, Street Maintenance II; Jeff Crawley, Electrician; Chad Poses, Street Maintenance Worker I; Jessie Grijalva, Street Maintenance Worker I and Ray Harbin, Solid Waste Equipment Operator.

Director of Finance and Information Systems, Pam Ehler, introduced Gena Mariscal, Utility Billing Supervisor.

Director of Parks and Recreation, Craig Bronzan, introduced Linda Stadlbauer, Administrative Assistant II.

Mayor Swisher administered the Oath of Office.

AGENDA REVIEW - None (07:34 PM)

CITIZEN COMMENTS - None (07:35 PM)

CONSENT CALENDAR (07:35 PM)

1. PULLED FOR DISCUSSION - Approve Minutes of October 12, 2004 and October 26, 2004. (K. Diaz)

2. PULLED FOR DISCUSSION - Approve a Resolution approving a Reimbursement Agreement with Ponderosa Homes II, Inc., A California Corporation, for Subdivision Map No. 8529, located west of Minnesota Avenue, north of Sand Creek Road, consisting of 56 lots, for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

3. Approved Resolution No. 2004-253 approving the contract documents and award the construction contracts (Exhibit “A” attached) for the New Police Station (Group C), CIP Project No. 337-3142, and the New City Hall Data Center, CIP Project No. 337-3139, plus 10% contingencies. Reject all bids submitted for Bid Packages #15 - Flooring and #16 - Ceramic Tile and direct staff to re-bid these Bid Packages. (K. Chew/M. Huber)

4. Approved Resolution No. 2004-254 authorizing the City Manager and City Clerk or their designees to execute Quitclaim Deeds to terminate the City’s interest in Parcels A, B and C of “Minor Subdivision No. 355-02” filed November 21, 2002 in Book 185 of Maps, Page 33, Contra Costa County, and hereby conveying whatever interest the City may have in those parcels to Lee and Alisha Scott, Tre, Brentwood Medical Partners, LLC and Pheasant Hill Partners, LLC respectively. (B. Grewal/D. Galey)

5. PULLED FOR DISCUSSION - By resolution, authorize the reservation of Housing Trust Funds in an amount not to exceed $1,000,000 to Eden Housing, Inc. a non-profit housing development corporation, for the development of Brentwood Senior Commons, a senior housing project, subject to the preparation and approval by the City Council of an agreement specifying the specific terms and conditions of participation with Eden Housing, Inc. relating to the development of the project. (H. Sword/E. Bonneville)

6. Accepted the recommendation of the Arts Commission to appoint Patricia Lacy-Rankin as Commissioner for a three-year term ending December 31, 2006. (C. Bronzan/R. Burr-Siegel)

7. PULLED FOR DISCUSSION - Accept the Annual Report on the Parks, Trails, and Recreation Master Plan. (C. Bronzan)

8. PULLED FOR DISCUSSION - Approve Temporary Use Permit No. 04-34 to allow for the use of City owned property for the staging of the Thanksgiving Freedom Run sponsored by the Diablo Funding Group for one day, Saturday, November 20th between the hours of 9:00 am and 10:30 am. (H. Sword/T. Nielsen)

9. Approved Resolution No. 2004-255 amending the 2004/05 -2008/09 Capital Improvement Program by adding the Communication Tower Project into the program, CIP Project No. 337-3142. (K. Chew/M. Huber)

10. Approved Resolution No. 2004-256 authorizing a request to the Metropolitan Transportation Commission (MTC) for approval of a revision to the scope of the proposed Minnesota Avenue Sidewalk Improvement Project which was awarded FY 2004/2005 Transportation Development Act (TDA) funds. (B. Grewal/K. Wahl)

11. Approve Resolution No. 2004-257 accepting the work performed by Strange & Chalmers, Inc. for the Bicycle Ramps 2004 project, CIP Project No. 522-5212, and direct the City Clerk to file a Notice of Completion with the County Recorder. (C. Bronzan/ K. Wahl)

12. Approved Resolution No. 2004-258 approving form and substance of an amended and restated trust agreement in connection with the issuance by BIFA of its infrastructure revenue refunding bonds, Series 2004C and authorizing changes thereto and execution thereof and approving the form and substance of an official statement with respect to such bonds and authorizing changes thereto. (P. Ehler)

13. PULLED FOR DISCUSSION - Approve a Resolution authorizing the City Manager to execute a change order in an amount not to exceed $40,000 with Gray Bowen and Company, Inc. for regional transportation related assistance including Vasco Road safety and strategic planning advice and assistance. (B. Grewal/P. Eldredge)

13A. PULLED FOR DISCUSSION - Approve appointment of City representative to East Contra Costa Fire Protection District Master Plan work group. (Mayor Swisher)

CONSENT CALENDAR ACTIONS
Motion: Approve Consent Calendar Items 3-4, 6, 9-19 as recommended.
Moved by Gutierrez, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich

1A. Approve Minutes of October 12, 2004. (K. Diaz)

Motion: Approve Minutes of October 12, 2004.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 3-0.
Yes: Beckstrand; Gutierrez; Swisher
Abstain: Hill
Absent: Petrovich

1B. Approve Minutes of October 26, 2004. (K. Diaz)

Motion: Approve Minutes of October 26, 2004.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich

2. Approve a Resolution approving a Reimbursement Agreement with Ponderosa Homes II, Inc., A California Corporation, for Subdivision Map No. 8529, located west of Minnesota Avenue, north of Sand Creek Road, consisting of 56 lots, for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

Motion: Approve waiving full reading and adopting Resolution No. 2004-259 as recommended.
Moved by Beckstrand, seconded by Hill.

Vote: Motion carried 3-0.

Yes: Beckstrand; Gutierrez; Hill
Abstain: Swisher
Absent: Petrovich

5. By resolution, authorize the reservation of Housing Trust Funds in an amount not to exceed $1,000,000 to Eden Housing, Inc. a non-profit housing development corporation, for the development of Brentwood Senior Commons, a senior housing project, subject to the preparation and approval by the City Council of an agreement specifying the specific terms and conditions of participation with Eden Housing, Inc. relating to the development of the project. (H. Sword/E. Bonneville)

Motion: Approve waiving full reading and adopting Resolution No. 2004-260 as recommended.
Moved by Hill, seconded by Beckstrand.

Vote: Motion carried 4-0.

Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich

7. Accept the Annual Report on the Parks, Trails, and Recreation Master Plan. (C. Bronzan)

Motion: Approve and accept the Annual Report on the Parks, Trails, and Recreation Master Plan.
Moved by Swisher, seconded by Hill.

Vote: Motion carried 4-0.

Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich

8. Approve Temporary Use Permit No. 04-34 to allow for the use of City owned property for the staging of the Thanksgiving Freedom Run sponsored by the Diablo Funding Group for one day, Saturday, November 20th between the hours of 9:00 am and 10:30 am. (H. Sword/T. Nielsen)

Mike Sarmiento stated that he wanted to minimize traffic and the impact to the downtown area and added that streets would be open around 10:00 am.

Motion: Approve waiving full reading and adopting Resolution No. 2004-261 as recommended.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich

13. PULLED FOR DISCUSSION - Approve a Resolution authorizing the City Manager to execute a change order in an amount not to exceed $40,000 with Gray Bowen and Company, Inc. for regional transportation related assistance including Vasco Road safety and strategic planning advice and assistance. (B. Grewal/P. Eldredge)

Motion: Approve waiving full reading and adopting Resolution No. 2004-262 as recommended. Council directed staff to meet with Gray Bowen on a semi monthly basis, with a report forwarded to Council on a monthly basis
Moved by Gutierrez, seconded by Hill.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich

13A. Approve appointment of City representative to East Contra Costa Fire Protection District Master Plan work group. (Mayor Swisher)

Motion: Approve the appointment of Jeff Altman to the East Contra Costa Fire Protection District Master Plan work group.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich

PUBLIC HEARINGS (08:03 PM)
14. Consideration of the following pertaining to the formation of Community Facilities District No. 4: approving a Resolution establishing the City of Brentwood Community Facilities District No. 4 (CFD No. 4), approving an amended boundary map, and providing for the levy of a special tax; approving a Resolution deeming the necessity to incur bonded indebtedness to finance the acquisition and construction of certain public facilities in and for CFD No. 4; conducting the special election for CFD No. 4; approving a Resolution determining the results of the special election for CFD No. 4 and introducing an ordinance levying a special tax relating to CFD No. 4. (B. Grewal/D. Galey)

Engineering Services Specialist, Debra Galey, presented a staff report noting that a ballot and consent and waiver form had been mailed to each property owner within the district. Ballots would be tabulated at the close of the public hearing.

Mayor Swisher opened the public hearing.

Motion: Approve closing the public hearing.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich

Ms. Galey reported that all ballots had been returned and all votes had been yes votes.

Motion: Approve waiving full reading and adopting Resolution No. 2004-263 establishing the City of Brentwood Community Facilities District No. 4 (CFD No. 4), approving an amended boundary map, and providing for the levy of a special tax as recommended.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich

Motion: Approve waiving full reading and adopting Resolution No. 2004-264 deeming the necessity to incur bonded indebtedness to finance the acquisition and construction of certain public facilities in and for CFD No. 4 and conducting the special election as recomended.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich

Motion: Approve waiving full reading and adopting Resolution No. 2004-265 determining the results of the special election for CFD No. 4.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich

Motion: Approve waiving first reading and approving Ordinance No. 787 levying a special tax relating to CFD No. 4 as recommended.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich

15. Approval of Park and Recreation Commission’s recommendation to create a new Title 7, Parks and Recreation, including such subjects as parks, trees and shrubs, heritage tree preservation, recreational uses and trails and deleting Chapter 9.48, Use of City Park and Chapter 12.16, Street Trees. (C. Bronzan/T. Homan/P. Scherff/K. DeSilva) CONTINUED FROM THE MEETING OF OCTOBER 26, 2004.

Director of Parks and Recreation, Craig Bronzan, presented a staff report addressing items from the last City Council meeting. With regard to the interactive Inflatable devices, Risk Management Authority did not provide insurance to cities. He said if the City prohibited them, the City would still be without coverage and he recommended that the City permit them in open space areas and require that the providers of the devices fill out a permit and carry insurance. With regard to alcoholic beverages, staff stood by the recommendation. Alcohol created problems in buildings and if Council did not limit facilities, staff could come back to Council with a recommendation to raise the security deposit so that if there was any damage done, there should be enough in the deposit to cover and make repairs. He spoke about the Heritage Tree item noting that the type of property that the ordinance referred to was City property and recommended that there be standards and specifications. There was not an inventory on private property trees and one option was to invite private property owners to place their trees on the protected list. Planning Commission and Parks & Recreation Commission could serve as the tree board or trees could be restricted to fewer certain species. He requested Council direction in relation to the heritage trees.

Council Member Hill said that the property was private and that heritage trees should be made elective. He did not agree with having a tree board or imposing tree ordinances. He was in agreement with the recommendation for the inflatable devices.

Mayor Swisher opened the public hearing.

Motion: Approve closing public hearing.
Moved by Gutierrez, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich

Council Member Beckstrand said she felt that the ordinance bordered on overregulation.

Council Member Gutierrez said that there may be a compromise in having a developer keep certain trees as part of a condition of development.

Council Member Hill said he believed it would be difficult to implement the language of the tree ordinance. He said he agreed with the recommendation regarding the inflatable devices, noting that staff could increase the security deposit. He asked to have proof that having alcohol present caused damage to buildings.

Director Bronzan said that when there were weddings or one time events, it was difficult to get applicants to pay for damage. The current deposit was $250 for an event without alcohol and $500 with alcohol. Staff recommended that the deposit amount change to $750. He explained that based on the Parks and Recreation Director, in accordance with the direction of the arborist, if a tree was removed, the value of the tree would have to be replaced straight with the same species. He added that people could come forward to add their trees and he did not want to establish a tree board since the existing Parks and Recreation Commission or Planning Commission could be used. There were conditions that if a tree needed to come out, it was important that it be mitigated somewhere else.

Council Member Beckstrand asked what would happen if a private property owner had a tree that was exclaimed as a heritage tree and then the property was sold. Director Bronzan stated that the heritage tree would need to be disclosed.

Council Member Beckstrand requested that the heritage tree part of the ordinance be left out since she was concerned about over-regulation.

Council Member Gutierrez said that the value of a tree should be recognized and that private property owners could participate if they wished.

Director Bronzan said he would bring back the ordinance with the permission of Council.

Motion: Approve waiving first reading and approving Ordinance No. 788, accepting the recommendation of staff regarding insurance pertaining to inflatable devices; that the security deposit be raised, which would be brought back as part of the fee schedule; that staff bring back the tree issue at another time and that Council approve the remainder of the ordinance.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich

16. Consideration of an Ordinance approving a Rezone to establish development standards for Sub Area ‘C’ of PD-20, a 3.7-acre site located approximately 1/3 mile south of Balfour Road and directly west of Concord Avenue. (H. Sword/E. Nolthenius)

Senior Planner, Erik Nolthenius, presented a staff report recommending that the first reading be waived and that the Ordinance be approved.

Mayor Swisher opened the public hearing.

Motion: Approve closing the public hearing.
Moved by Swisher, seconded by Hill.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich

Motion: Approve waiving first reading and approving Ordinance No. 789 as recommended approving a Rezone to establish development standards for Sub Area ‘C’ of PD-20, a 3.7-acre site located approximately 1/3 mile south of Balfour Road and directly west of Concord Avenue.
Moved by Hill, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich

17. Consideration of an Ordinance approving a Rezone and establishment of development standards for a 4.84-acre site, and consideration of a Resolution approving a Tentative Subdivision Map to subdivide the site into 12 single-family residential lots, located at the southeast corner of Apricot Way and Montclair Place. (H. Sword/E. Nolthenius) CONTINUE TO JANUARY 11, 2005

Mayor Swisher opened the public hearing.

Motion: Approve continuance to January 11, 2005 the consideration of an Ordinance approving a Rezone and establishment of development standards for a 4.84-acre site, and consideration of a Resolution approving a Tentative Subdivision Map to subdivide the site into 12 single-family residential lots, located at the southeast corner of Apricot Way and Montclair Place.
Moved by Gutierrez, seconded by Hill.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich

18. Consideration of Resolution approving Residential Growth Management Program allocations for the Bridle Gate project, a 166-unit subdivision located south of Sand Creek Road and west of the State Route 4 Bypass. (H. Sword/E. Nolthenius) CONTINUE TO DECEMBER 14, 2004

Mayor Swisher opened the public hearing.

Motion: Approve continuance to December 14, 2004 the consideration of a Resolution approving Residential Growth Management Program allocations for the Bridle Gate project, a 166-unit subdivision located south of Sand Creek Road and west of the State Route 4 Bypass.
Moved by Gutierrez, seconded by Hill.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich

19. Consideration of a Resolution approving Residential Growth Management Program allocations for the Sterling Preserve III project, an 84-unit subdivision located north of Grant Street on both sides of O’Hara Avenue. (H. Sword/E. Nolthenius)

Senior Planner, Erik Nolthenius, presented a staff report recommending that Council pass the Resolution granting the requested allocations.

Mayor Swisher opened the public hearing.

Motion: Approve closing the public hearing.
Moved by Hill, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich

Motion: Approve waiving full reading and adopting Resolution No. 2004-266 approving Residential Growth Management Program allocations for the Sterling Preserve III project, as recommended.
Moved by Hill, seconded by Swisher.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich

20. Consideration of an Ordinance approving a zoning amendment to amend PD-26 to add development standards for Planning Area 6, Subarea A, and approve a Resolution approving the Tentative Subdivision Map (TSM 8808) to subdivide an approximately 4 acre site into 9 parcels for single-family residential lots. (H. Sword/D. Hill) REMOVE FROM THE AGENDA AS REQUESTED BY STAFF

21. Consideration of a Resolution approving a General Plan Amendment (GPA 02-01) to update the City’s Housing Element. (H. Sword/W. Rhodes)

Senior Planner, Winston Rhodes, presented a staff report noting that approval was requested at this in order to provide for State review and approval by December 31, 2004, thereby making the City eligible for $1.5 million in potential grants if the City's Housing Element was determined to be in compliance with State law.

Mayor Swisher opened the public hearing.

Motion: Approve closing the public hearing.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich

Motion: Approve waiving full reading and adopting Resolution No. 2004-267 as recommended.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich

NEW BUSINESS (08:42 PM)

22. Presentation of the General Fund Revenues and comparison to General Fund Expenses prepared by Gruen Gruen + Associates. (P. Ehler)

Pamela Ehler, Director of Finance and Information Systems, introduced Claud Gruen, Gruen + Gruen Associates. Mr. Gruen said that he had worked will all departments to prepare for ten year expenditures and forecast revenues. He pointed out that the forecast provided a body of data for use and monitoring and provided some basic goals and challenges.

INFORMATIONAL REPORTS FROM STAFF - No action required (08:51 PM)

23. Informational report on Subdivision No. 8829, Deer Ridge Country Club, Village G-2 “Dreamcatcher Ridge”, located south of Balfour Road and west of Concord Avenue; Final Map. (K. Diaz)

24. Informational report on current and projected staff planning and controls for City Departments including a sample organizational chart designed for long range financial planning and controls. (J. Stevenson)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (08:51 PM)

REQUESTS FOR FUTURE AGENDA ITEMS (08:51 PM)
Council Member Gutierrez asked to have housing fund allocations and prioritizations brought to Council.

RECESS TO CLOSED SESSION (08:52 PM)
Motion: Approve recessing to closed session.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich

Closed Session pursuant to Government Code §54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Property: Liberty Union High School District Bus Barn, Oak Street. City Negotiator: John Stevenson. Under negotiation: Price and Terms of Payment.


RECONVENE TO OPEN SESSION (9:31 PM)
Mayor Swisher noted that there was nothing to report from Closed Session.

ADJOURNMENT (9:32 PM)
November 23, 2004 meeting cancelled. The next regularly scheduled meeting will be held December 14, 2004.

Motion: Approve adjournment.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Swisher
Absent: Petrovich

Respectfully Submitted,




Cynthia Garcia
Assistant City Clerk
 

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