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ITEM 1

CITY OF BRENTWOOD
CITY COUNCIL MEETING MINUTES

DECEMBER 14, 2004
COUNCIL CHAMBER

CALL TO ORDER (7:00 PM)
Roll Call
Present: Beckstrand; Gutierrez; Hill; Petrovich; Swisher

CONSENT CALENDAR (07:00 PM)

1. PULLED FOR DISCUSSION - Approve Minutes of November 9, 2004. (K. Diaz)

2. Approved Minutes of the special meetings held November 19, 2004, November 22, 2004 and November 29, 2004. (K. Diaz)

3. Waived second reading and adopted Ordinance No. 787 levying a special tax for the Fiscal Year 2004-05 and following fiscal years solely within and relating to the City of Brentwood Community Facilities District No. 4 (CFD No.4). (B. Grewal/D. Galey)

4. Waived second reading and adopted Ordinance 788 creating a new Title 7, Parks and Recreation, including such subjects as parks, trees and shrubs, recreational uses and trails and deleting Chapter 9.48, Use of City Park and Chapter 12.16, Street Trees. (C. Bronzan/T. Homan/K. DeSilva/P. Scherff)

5. Waived second reading and adopted Ordinance No. 789 approving a Rezone (RZ 04-11) 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)

6. Received the Official Canvass of the General Municipal Election, November 2, 2004, from the Contra Costa County Registrar of Voters and adopted Resolution No. 2004-268 reciting the facts of the consolidated General Municipal Election held on November 2, 2004 and declaring the result and such other matters as provided by law. (K. Diaz)

CONSENT CALENDAR ACTIONS

Motion: Approve Consent Calendar Items 2 - 6 as recommended.
Moved by Gutierrez, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher

1. PULLED FOR DISCUSSION - Approve Minutes of November 9, 2004. (K. Diaz)

Motion: Approve Minutes of November 9, 2004.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill, Swisher
Abstain: Petrovich

CEREMONIAL MATTERS (07:00 PM)
A. Recognition of and comments by outgoing Council Member, Bill Hill.

Council Member Hill thanked City Council and staff and commented that it had been a privilege to serve the City and be a part of the community.

B. Oath of Office and installation of newly elected Mayor Brian Swisher and Council Members Pete Petrovich and Bob Taylor.

CALL TO ORDER (07:35 PM)
Roll Call
Present: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

C. Selection of a Vice Mayor. (07:10 PM)

Mayor Swisher nominated Council Member Petrovich.

Motion: Approve the selection of Council Member Petrovich as Vice Mayor.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

D. Comments

Council Member Petrovich spoke about the investigation by the District Attorney. He thanked those who had voted for him in the November election and stated that he would resign effective January 31, 2005. He continued by reading a prepared statement.

At 7:18 p.m., the City Council recessed.

At 7:35 p.m., the City Council reconvened the meeting with all Members present.

PRESENTATION (07:35 PM)

A. “Year-In-Review” for the Arts Commission.

Joe Trebino, Chairman of the Arts Commission, presented the report.

AGENDA REVIEW (07:45 PM)

Motion: Approve AGENDA REVIEW
Moved by Gutierrez, seconded by Petrovich.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher

CITIZEN COMMENTS - None (07:45 PM)

CONSENT CALENDAR (07:46 PM)

7. Approved Resolution No. 2004-269 approving a contract with Pacific Gas & Electric for installation of expanded gas and electric service at Sunset Industrial Complex, in an amount not to exceed $172,000, and amend the budget for CIP Project No. 336-3128 and authorize the City Manager to execute said contract. (H. Sword/G. Rozenski)

8. Approved Resolution No. 2004-270 approving an agreement for purchase of a fee parcel with Wilma Jean Kraucyk, Trustee of the Wilma Jean Kraucyk Trust Created Under a Declaration of Trust Dated March 21, 1995, for a portion of real property identified as APN 018-080-009 also known as Double K Road, 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. (B. Grewal/M. Sullivan)

9. Approved setting the date of January 25, 2005 at 6:00 p.m. for a workshop on the East Contra Costa Habitat Conservation Plan. (H. Sword/W. Rhodes)

10. Approved reappointment of Ernie Rodrigues and Lanny Brown to the Park and Recreation Commission for three-year terms beginning January 1, 2005 and ending December 31, 2007. (C. Bronzan)

11. Approved reappointment of James Bryant, Doreen Forlow, and Greg Ruiz to the Arts Commission for three-year terms beginning January 1, 2005 and ending December 31, 2007. (C. Bronzan/R. Burr-Siegel)

12. Approved public art elements for the New Police Station, located at 9100 Brentwood Boulevard, CIP Project No. 337-3142. (C. Bronzan/R. Burr-Siegel)

13. Approved Resolution No. 2004-271 authorizing the sale of one 1995 Jeep Cherokee (vehicle 039) to Futures Explored, Inc., for use by their enclave performing custodial duties in City Parks, in the amount of $1,000. (C. Bronzan/K. DeSilva)

14. Approved Resolution No. 2004-272 approving the following actions: (1) accepting a Grant of Easement from Contra Costa County Flood Control District (CCCFCD) over Deer Creek Channel for a portion of real property for the widening of Fairview Avenue, generally located north of Summerwood Drive, 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 Grant of Easement, and such other documents as may be needed to complete the transaction; (2) authorizing the Mayor or City Manager and City Clerk or any of their designees to execute a Grant of Easement to Contra Costa County Flood Control District (CCCFCD), hereby conveying a portion of real property for maintenance and access purposes and such other documents as may be needed to complete the transaction. (B. Grewal/M. Sullivan)

15. Approved Resolution No. 2004-273 authorizing the Mayor to sign the necessary document, which will dissolve the Criminal Justice Agency of Contra Costa County, a Joint Powers Authority. (M. Davies/K. Brown)

16. PULLED FOR DISCUSSION - Approve a Resolution approving an Affordable Housing Agreement between the City of Brentwood and Centex Homes for Subdivision 8663, Montellena II, located at the corner of Gabriella Lane and Apricot Way. (H. Sword/K. Reed)

17. Approved Resolution No. 2004-274 authorizing submittal of a grant proposal to the State of California Resources Agency for the Environmental Enhancement and Mitigation Program, 2005-06 grant cycle, CIP 336-3148, and authorizing the City Engineer to execute and submit all documents which may be necessary for the completion of the project. (K. Wahl/B. Grewal)

18. Approved Resolution No. 2004-275 authorizing submittal of a grant proposal to the Metropolitan Transportation Commission FY 2005/2006 Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Program for partial funding of an upgrade of traffic signals, CIP 336-3132. (K. Wahl/B. Grewal)

19. Approved Resolution No. 2004-276 accepting off-site public improvement for Design Review No. 99-16, Sand Creek Business Park, located along Sand Creek Road and west of Brentwood Boulevard. (B. Grewal/D. Galey)

20. Approved Resolution No. 2004-277 accepting off-site public improvements for Conditional Use Permit No. 01-23, Balfour Plaza, located at the southeast corner of Balfour Road and Walnut Boulevard. (B. Grewal/D. Galey)
21. Approved Resolution No. 2004-278 approving contract term amendments for design and professional service agreements for various construction projects. (B. Grewal/M. Huber)

22. Approved Resolution No. 2004-279 approving the following actions: (1) accepting Grant of Easements from Contra Costa County Flood Control District for storm drainage easements and Spy Glass Drive in Subdivision No. 8310, (2) accepting a Quitclaim Deed from Contra Costa County Flood Control District for a previous flowage easement in Subdivision No. 8310, (3) accepting a Grant Deed for a wetland area in Subdivision No. 8310, generally located west of Concord Avenue and south of Balfour Road, hereby accepting all or the above 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 Grant of Easements, and such other documents as may be needed to complete the transaction; (4) authorizing the Mayor or City Manager and City Clerk or any of their designees to execute Grant of Easements to Contra Costa County Flood Control in Subdivision No. 8310, hereby conveying a portion of real property for replacement of flowage easements and to provide County access for maintenance of their facilities and such other documents as may be needed to complete the transaction. (B. Grewal/M. Sullivan)

23. Approved Resolution No. 2004-280 approving the contract documents and award the construction contracts for the New Police Station (Group C), CIP Project No. 337-3142, and the New City Hall Data Center, CIP Project No. 337-3139, for Bid Packages #11 – Metal Buildings/Overhead Doors and #22 -Sitework. (K. Chew/M. Huber)

24. Approved Resolution No. 2004-281 approving the amendment to agreement with Abey/Arnold Associates, Landscape Architects, in the amount of $26,500, to provide construction document design services for the 37 acre Sunset Park Athletic Complex, CIP Project No. 522-5201, and authorizing the City Manager to execute said amendment in the amount of $26,500 and approve change orders up to 10% of the contract amount. (C. Bronzan/J. Hansen)

25. Approved Resolution No. 2004-282 certifying the mitigated Negative Declaration for the Surface Water Treatment Facility – Phase I, CIP Project No. 562-5629 and authorize staff to move forward with the project. (B. Grewal/P. Eldredge)

26. Approved Resolution No. 2004-283 approving a Professional Services Agreement with the Covello Group, Inc., to provide construction management assistance for the Surface Water Treatment Facility – Phase I, CIP Project No. 562-5629, amending the CIP project budget and creating a new CIP budget and authorizing the City Manager to execute said agreement. (B. Grewal/P. Eldredge)

27. Approved Resolution No. 2004-284 accepting the work performed by Misan Construction, Inc. for the Sand Creek Road Screen Planting at Railroad Crossing, as part of the Sand Creek Road Project, CIP Project No. 336-3061 and direct the City Clerk to file a Notice of Completion with the County Recorder. (B. Grewal/P. Eldredge)

28. Approved setting the date of January 11, 2005, to hear the appeal of a Planning Commission decision approving Conditional Use Permit No. 04-14 that establishes a Master Sign Program for the John Muir/Mt. Diablo Health System campus, located at the southwest corner of Balfour Road and Concord Avenue. (H. Sword/E. Nolthenius)

29. Approved Resolution No. 2004-285 accepting the in-fee offer of dedication for Parcel 9 of Subdivision No. 8515, accepting the Zone II Hydropneumatic Pump Station for maintenance; accepting the Maintenance Bond and releasing the Improvement Securities provided as a part of Lone Tree Plaza, Design Review No. 01-30/Subdivision No. 8515, located at the southeast corner of Lone Tree Way and Heidorn Ranch Road. (B. Grewal/D. Galey)

30. PULLED FOR DISCUSSION - Approve the filing of the 2003/04 Comprehensive Annual Financial Report (CAFR) as prepared by the Finance Department and examined by the independent accounting firm of Vavrinek, Trine, Day & Co., LLP. (P. Ehler)

31. Approved Resolution No. 2004-286 approving an agreement with Club One at Brentwood to affect additional wellness benefits for City employees at their own expense and authorizing the City Manager to execute said agreement and a one year extension if all other provisions remain the same. (J. Stevenson)

32. Rejected claim presented by Valle I. Schmid, presented on October 1, 2004 as recommended by the City’s third party adjuster, Contra Costa County Municipal Risk Management Insurance Authority, and the City Attorney. (K. Diaz)

33. Rejected claim presented by American Legion, Post 202, presented on August 27, 2004 as recommended by the City’s third party adjuster, Contra Costa County Municipal Risk Management Insurance Authority, and the City Attorney. (K. Diaz)

34. Rejected claim presented by Karyn Jasch presented on August 26, 2004 as recommended by the City’s third party adjuster, Contra Costa County Municipal Risk Management Insurance Authority, and the City Attorney. (K. Diaz)

35. Approved Resolution No. 2004-287 authorizing the City Manager to execute contract change orders up to 11% of the contract amount to Granite Construction for the Lone Tree Way Overlay/Improvements, CIP Project No. 336-3130. (B. Grewal/F. Lideros)

36. PULLED FOR DISCUSSION - Approve a Resolution accepting improvements constructed as a part of CIP Project No. 336-3127, Lone Tree Way Widening – Segment 2, between Empire Avenue and Fairview Avenue. (B. Grewal/P. Eldredge)

37. Approved Resolution No. 2004-288 accepting the right-of-way offers of dedication in-fee; accepting easements, abutter’s rights and sub-surface mineral and water rights as shown on the Final Map; accepting all public improvements for maintenance; accepting the Subdivision Maintenance Bond and releasing the Subdivision Improvement Securities for Lafferty Homes Village K, Subdivision No. 8278, located south of Balfour Road and east of Foothill Drive. (B. Grewal/D. Galey)

38. Approved Resolution No. 2004-289 accepting the right-of-way offers of dedication in-fee; accepting easements, abutter’s rights and sub-surface mineral and water rights as shown on the Final Map; accepting all public improvements for maintenance; accepting the Subdivision Maintenance Bond and releasing the Subdivision Improvement Securities for Lafferty Homes Village J, Subdivision No. 8277, located south of Balfour Road and east of Foothill Drive. (B. Grewal/D. Galey)

CONSENT CALENDAR ACTIONS

Motion: Approve Consent Calendar Items 7 - 15, 17 - 29, 31 - 35, 37 and 38 as recommended.
Moved by Beckstrand, seconded by Petrovich.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

16. Approve a Resolution approving an Affordable Housing Agreement between the City of Brentwood and Centex Homes for Subdivision 8663, Montellena II, located at the corner of Gabriella Lane and Apricot Way. (H. Sword/K. Reed)

Motion: Approve waiving full reading and adopting Resolution No. 2004-290 approving an Affordable Housing Agreement between the City of Brentwood and Centex Homes for Subdivision 8663, Montellena II, located at the corner of Gabriella Lane and Apricot Way.
Moved by Petrovich, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich
Abstain: Swisher

30. PULLED FOR DISCUSSION - Approve the filing of the 2003/04 Comprehensive Annual Financial Report (CAFR) as prepared by the Finance Department and examined by the independent accounting firm of Vavrinek, Trine, Day & Co., LLP. (P. Ehler)

Motion: Approve the filing of the 2003/04 Comprehensive Annual Financial Report (CAFR) as prepared by the Finance Department and examined by the independent accounting firm of Vavrinek, Trine, Day & Co., LLP.
Moved by Gutierrez, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

36. PULLED FOR DISCUSSION - Approve a Resolution accepting improvements constructed as a part of CIP Project No. 336-3127, Lone Tree Way Widening – Segment 2, between Empire Avenue and Fairview Avenue. (B. Grewal/P. Eldredge)

Motion: Approve waiving full reading and adopting Resolution No. 2004-291 as recommended.
Moved by Petrovich, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Taylor
Abstain: Swisher

PUBLIC HEARINGS (07:50 PM)

39. Consideration of an Ordinance amending Chapter 17.725 of the City of Brentwood Municipal Code pertaining to the Affordable Housing Program by making certain policy changes and implementation procedures. (H. Sword/E. Bonneville)

Housing Manager, Ellen Bonneville, presented a staff report and power point presentation on the revised affordable housing ordinance, noting that staff recommended a three percent very low, four percent low and three percent moderate income categories. She explained the difference between the existing ordinance and proposed ordinance amendment.

Mayor Swisher opened the public hearing.

Mayor Swisher announced that correspondence had been received from Bob Glover expressing support of the ordinance.

Council Member Gutierrez read and translated the comments of Sagriria Ortega, CCISCO, who did not agree with the three percent moderate. She asked for more programs of how to obtain your own home and asked to count on the local office where that office would explain their rights. Many of the people with her maintained 10 percent of the low income housing and asked to see three percent of the median housing increase.

Mike McPoland spoke on behalf of the development communities and expressed his support of the ordinance. He added that it was equitable for people to purchase or sell their homes.

Dolce Rosales, CCISCO, spoke Spanish and was translated by Council Member Gutierrez. She asked to maintain the ordinance as it was with seven percent low and three percent real low.

Erlinda Purcell asked for the opportunity to have her own home and said she would pay with herown salary and had worked very hard to provide a home for her family. She would like to have the inclusionary zone in affordable housing.

Council Member Gutierrez translated the comments of Esther Ledsma, CCISCO, who said she was concerned about finding affordable housing. There had not been an office in the City with a bilingual person to inform residents of their rights to housing. She asked to maintain the ten percent amount for low income and to have a three percent for medium income.

Oliba Cardona, CCISCO, said there were concerns about loosing three percent of affordable housing; was opposed to having middle income housing and asked to see the continuation of what she had this moment.

Council Member Gutierrez read a speakers card for Tina who did not wish to speak and asked to maintain the ten percent amount for low income housing.

Motion: Approve closing the public hearing.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

Mayor Swisher commented that the housing prices had escalated so much in the last few years that moderate had become a need. He asked how many low income units would be lost by having the moderate units.

Ms. Bonneville responded that staff was working at accomplishing the creation of low income units and that by raising the in-lieu fee, the City could collect a much higher amount of funds that could be leveraged to assist in creating low and very low income units and this was in addition to the first time homebuyers program. Low and very low income units should not be lost and more decent and safe rental units would be created in the City's rental program.

Council Member Gutierrez asked what the terms were for enforcing the in lieu fees and asked for feedback since there was a need for low income.

Ms. Bonneville stated that she would return to Council with a program so that Council could direct staff as to how the in-lieu fees should be spent.

Council Member Gutierrez asked to have a mechanism for Council should they decide to prioritize the low income portion of the in-lieu fees asked how to create ownership unit not just a rental.

Mayor Swisher asked to have a written, structured program for the fees.

Council Member Taylor asked about the bilingual issue of explaining the different programs.

Ms. Bonneville responded that there was a bilingual employee in the Housing Division who had worked closely with the Spanish speaking people who were in the program.

Council Member Taylor asked that if the document could be bilingual when it was prepared.

Motion: Approve waiving first reading and approving Ordinance No. 790, directing staff to prioritize in-lieu fees for the low income need and provide strategies for the first time homebuyers program
Moved by Gutierrez, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

City Manager Stevenson asked if Council wished to have the funds from the in-lieu fees distributed evenly over the three income ranges instead of restricting them to moderate income and Council Member Gutierrez said that with the program, the money could allow Council to find ways to build.

40. Consideration of an Ordinance amending Planned Development 35 (PD-35) to allow for one affordable duplex unit within Planning Area F, generally located north of Apricot Way and west of Fairview Avenue within Tentative Subdivision Map 8557. (H. Sword/D. Hill)

Assistant Planner, Debbie Hill, presented a staff report.

Mayor Swisher opened the public hearing.

Motion: Approve closing the public hearing.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

Motion: Approve Waiving first reading and approving Ordinance No. 791 amending Planned Development 35 (PD-35) to allow for one affordable duplex unit within Planning Area F, generally located north of Apricot Way and west of Fairview Avenue within Tentative Subdivision Map 8557.
Moved by Petrovich, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

41. Consideration of an Ordinance amending Planned Development 26 (PD-26), Planning Area 6, to create development standards for Subarea “A” and approving a Resolution approving a Tentative Subdivision Map 8808 with its associated density transition exception. The property is generally located south of Grant Street, east of Fairview Avenue and west of Minnesota Avenue. (H. Sword/D. Hill)

Assistant Planner, Debbie Hill, presented a staff report.

Mayor Swisher opened the public hearing.

Treasure Carlson said that she had paid an extra premium for her lot and if the ordinance was changing by allowing the small lots due to the division of the property and once the road was installed, if it would take away from a portion of the acreage, if the lots were going to be big and how it affected her property.

Mayor Swisher said that redesign of Minnesota was still in a preliminary stage and he was not sure how it was being rerouted and he asked the City Attorney to respond.

City Attorney, Dennis Beougher, said that it was only the properties adjacent that the density transition was applied to. The existing home site was not being impacted and the ordinance allowed for the signing off of the density transfer.

Mayor Swisher said that as far as he was aware, Minnesota was not to be re-routed for five to ten years and was in the SPA area, where minimum lot sizes were 10,000 since it was low density zoning.

Mr. Carlson said he was concerned about what type of precedence would be set for future development and if they would be subject to further density reductions.

Mayor Swisher stated that the property was not subject to future density reductions and was zoned for a certain lot size. There was a three acre parcel lot adjacent to one of the parcels, which was why the owner had to obtain a letter to allow that the unit to be smaller. He added that 10,000 square feet was the smallest that could be done and Mr. Carlson would be notified of any zoning proposals since he was within 300 feet.

Motion: Approve closing the public hearing.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

Motion: Approve waiving first reading and approving Ordinance No. 792 amending Planned Development 26 (PD-26), Planning Area 6, to create development standards for Subarea “A” and approving Resolution No. 2004-292 approving a Tentative Subdivision Map 8808 with its associated density transition exception. The property is generally located south of Grant Street, east of Fairview Avenue and west of Minnesota Avenue.
Moved by Petrovich, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

42. Waived first reading and approved Ordinance No. 793 amending Chapter 14.20 of the Municipal Code relating to Stormwater System Management and Discharge Control as set forth in Section C.3 of the NPDES Permit. (B. Grewal/J. Cowling)

Engineering Construction Inspector II, Jeff Cowling, presented a staff report, explaining and showing the benefits of the system. He said that the goal was to avoid increases in post construction stormwater discharges from that of pre-construction levels. The new ordinance added accountability and increased analysis and review.

Mayor Swisher asked about addressing the possibility of holding tanks or areas so that storm water runoff did not cause unnatural erosion to the creeks as more streets and parking lots were added.

Construction Inspector Cowling said that there were vector control issues with the detention basins such as mosquito habitat and since Public Works was required to maintain the basins, they tried to minimize standing water and incorporate areas with grassy swale. If the surface area could not be met with pervious type surfaces for infiltration, then the ordinance allowed discharges and had to be treated by permanent discharge devices which had to be maintained in perpetuity.

Mayor Swisher said that the City controlled what went into the storm drain and he asked if the City could control what came out and added that raccoons were living in the storm drains.

Director of Public Works, Paul Zolfarelli, said that was a Vector Control issue.

Council Member Taylor asked who monitored commercial businesses since they cared for their own and Mr. Cowling responded that Public Works monitored compliance and the owners had to certify annually that they were maintaining their storm drains.

Director of Public Works, Paul Zolfarelli, said that inspections were done on a quarterly or semi-annual basis depending upon size of the storm drain. Public Works could have an annual inspection and if the storm drain was not properly maintained, staff would be back on a quarterly basis after educating the owners. He said that fines were not issued and administrative citations were issued if there was a significant nuisance or ongoing problem.

Council Member Beckstrand asked about fiscal impact of the program. Director Zolfarelli responded that there were limited man hours spent right now since there were not a lot of developments that had an enormous amount of devices. He said he anticipated that it would increase in the future and be associated with other stormwater inspections. A vast majority of the storm water units were still under warranty and have not been accepted by the City yet.

Mayor Swisher opened the public hearing.

Motion: Approve closing the public hearing.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

Motion: Approve waiving full reading and approving Ordinance No. 793 amending Chapter 14.20 of the Municipal Code relating to Stormwater System Management and Discharge Control as recommended.
Moved by Swisher, seconded by Petrovich.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

43. CONTINUED TO JANUARY 11, 2005 - 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. (H. Sword/E. Nolthenius)

INFORMATIONAL REPORTS FROM STAFF - No action required

44. Informational Report on Subdivision No. 8754, John Muir Medical, located at the southwest corner of Balfour Road and the Hwy 4 Bypass; Final Map. (K. Diaz)

45. Informational Report on Subdivision No. 8663, Montellena II, by Centex Homes is located west of Fairview Avenue between Grant Street and Apricot Way; Final Map. (K. Diaz)

46. Informational Report on Subdivision 8627, Garin Ranch, by Signature Properties, located north of Balfour Road and east of Brentwood Boulevard; Final Map. (K. Diaz)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (09:04 PM)

REQUESTS FOR FUTURE AGENDA ITEMS (09:04 PM)

Mayor Swisher requested that a closed session be scheduled for the next City Council meeting and he directed staff to research and present dates and costs for a special election and options on appointees.

Mayor Swisher thanked City Manager, John Stevenson, for his service to the City and wished him well upon his retirement. He welcomed incoming City Manager, Donna Landeros, who would begin employment with the City on January 1, 2005.

ADJOURNMENT (09:04 PM)

Motion: Approve ADJOURNMENT
Moved by Swisher, seconded by Petrovich.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

Respectfully Submitted,

Cynthia Garcia
Assistant City Clerk
 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov