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CITY OF BRENTWOOD
CITY COUNCIL MEETING MINUTES
MAY 10, 2005
COUNCIL CHAMBER

CALL TO ORDER (07:03 PM)

Roll Call
Present: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

PRESENTATIONS (07:04 PM)

A. Proclamation recognizing May 15 - 21, 2005 as National Public Works Week.

Public Works Director, Paul Zolfarelli accepted the proclamation.

B. Proclamation recognizing May 2005 as National Bicycling Month.

Recreation Services Manager, Poldina Scherff, accepted the proclamation.

C. New Employee Introductions & Employee Promotion

Police Chief, Michael Davies, introduced the following new Police Officers: Michael Maanao, Christopher Peart, Michael Thompson, David Williams and Scott Cliatt.

Community Director, Howard Sword, introduced Nicole Magana, Administrative I.

Vice Mayor, Ana Gutierrez, administered the Oath of Allegiance to new employees.

Police Chief, Michael Davies, introduced Mark Misquez, recently promoted from Police Officer Special Assignment Detective to Sergeant.

D. Presentation of Budget Awards. (P. Ehler)

Director of Finance and Information Systems, Pam Ehler, presented awards issued by California Society of Municipal Finance Officers. The first was an award for excellence in capital budgeting for last year's CIP budget and the second for outstanding financial reporting for the Comprehensive Annual Financial Report.

AGENDA REVIEW (07:25 PM)

Item 10 Amended staff report and resolution.

Motion: Approve Agenda Review Item 10 as recommended.
Moved by Gutierrez, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

CITIZEN COMMENTS (07:25 PM)

Barbara Guise reported that as a Board Member for Delta Community Center, there had been 40 calls received last week and some emergency calls of people needing food or rent and other immediate human needs.

Richard Bates said he had attended the State of the Court luncheon with the Bar Association, noting the possibility of an East County courthouse. Even with the State budget crisis, there was money to build a courthouse in Contra Costa County. He asked to see the City create a task force and to work with judges and he believed the location for a courthouse was ideal and did not have to be within City limits.

Councilmember Beckstrand said there was a piece of land near the Bypass and Laurel interchange proposed area that the County had purchased or once talked about purchasing for a joint use facility and a courthouse was supposed to be on the list for consideration.

Richard Bates added that assisting in finding a courthouse location may bring an economic boom into the area.

CONSENT CALENDAR (07:31 PM)

1. Approved minutes of April 26, 2005 and minutes of special meeting held April 25, 2005. (K. Chew/C. Garcia)

2. PULLED FOR DISCUSSION - Adopt a Resolution approving a Reimbursement Agreement with Western Pacific Housing, Inc., a Delaware Corporation, Subdivision Map No. 8724, located west of O'Hara Avenue and north of Lone Tree Way, consisting of 84 lots, for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

3. Adopted Resolution No 2005-99 for addendums to the joint-use facilities agreements between the City of Brentwood and Brentwood Union School District for Grant Street Elementary School and American Avenue Middle School, and an agreement for the joint-use of the teacher education facility at Edna Hill Middle School and authorizing the City Manager to sign the agreements. (C. Bronzan)

4. Adopted Resolution No 2005-100 authorizing the purchase of a new sanitary combination jetter/vacuum truck from Municipal Maintenance Equipment and authorizing the City Manager to execute a purchase order for the truck in an amount not to exceed $182,138.25. (P. Zolfarelli/D. Stoops)

5. Adopted Resolution No 2005-101 approving a Reimbursement Agreement with Contra Costa County Flood Control District and Water Conservation District for Drainage Area 30C Facilities constructed by the City of Brentwood as a part of CIP Project No. 336-3127. (B. Grewal/P. Eldredge)

6. Adopted Resolution No 2005-102 authorizing the City Manager to execute a contract amendment with Legg, Inc., for additional security hardware and doors in the amount of $20,194, plus a 10% contingency for the New Police Station, CIP Project No. 337-3142. (K. Chew/Lt. K. King/M. Huber)

7. Refer the 2005/06-2009/10 Capital Improvement Program to the Planning Commission for consideration of conformance to the City's General Plan. (P. Ehler/G. Leech)

8. PULLED FOR DISCUSSION - Approved setting the date of May 24, 2005 to hear the appeal of the Planning Commission decision to deny the General Plan Amendment and Rezone for the Bridle Gate project, located west of the State Route 4 Bypass, on both sides of the Sand Creek Road extension. (H. Sword/E. Nolthenius)

9. Adopted Resolution No 2005-103 authorizing the purchase of an asphalt pavement grinder/cold milling machine from Nixon Egli Equipment Company and authorizing the City Manager to execute a purchase order for this equipment in an amount not to exceed $318,010.36. (P. Zolfarelli/J. Gallegos)

10. Adopted Resolution No 2005-104 authorizing the City Manager to execute a contract amendment with Environmental Science Associates (ESA) for environmental consulting services for the CIP Project No. 542-5402, Solid Waste Transfer Station Improvements Phase III, in the amount not to exceed $51,561, plus a 10% project contingency, for a total contract amount of $107,317.10. (P. Zolfarelli/J. Carlson/M. Huber)

11. PULLED FOR DISCUSSION - Adopt a Resolution appointing an Underwriter, Bond Counsel, Engineer of Work and approving deposit and reimbursement agreements for CIFP 2005-1 and Assessment District No. 2005-1 and Assessment District No. 2005-1; adopt a Resolution declaring official intent to reimburse certain expenditures from proceeds of indebtedness; adopt a Resolution of intention to order improvements in Assessment District No. 2005-1 and approving the proposed Boundary Map and adopt a Resolution preliminary approving the Engineer's Report and setting a date of July 12, 2005 at 7:00p.m. for Public Hearing of Protest and providing for property owner assessment ballots for Assessment District No. 2005-1. (B. Grewal/D. Galey)

12. Approved the re-appointments of Alfredo Garcia, Deborah Diaz and Valerie Austin to the Brentwood Advisory Neighborhood Committee (BANC) for three year terms expiring April 30, 2008; accept the resignation of Derrick Bullington and direct staff to advertise a notice of vacancy. (B. Swisher)

13. PULLED FOR DISCUSSION - Direct staff to prepare for Planning Commission and City Council action a General Plan Amendment and Zoning Ordinance Amendment to establish a condominium conversion zoning ordinance and General Plan Amendment. (H. Sword/D. Hill)

CONSENT CALENDAR ACTIONS

Motion: Approve Consent Calendar Items 1, 3-7, 9-10 and 12 as recommended.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

2. Adopt a Resolution approving a Reimbursement Agreement with Western Pacific Housing, Inc., a Delaware Corporation, Subdivision Map No. 8724, located west of O'Hara Avenue and north of Lone Tree Way, consisting of 84 lots, for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

Motion: Approve waiving full reading and adopting Resolution No. 2005-105 adopting a Reimbursement Agreement with Western Pacific Housing, Inc., a Delaware Corporation, Subdivision Map No. 8724, located west of O'Hara Avenue and north of Lone Tree Way, consisting of 84 lots, for costs associated with Master Plan Facility Improvements as recommended.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 3-0.
Yes: Beckstrand; Gutierrez; Taylor
Abstain: Swisher
Vacancy: One.

8. Set the date of May 24, 2005 to hear the appeal of the Planning Commission decision to deny the General Plan Amendment and Rezone for the Bridle Gate project, located west of the State Route 4 Bypass, on both sides of the Sand Creek Road extension. (H. Sword/E. Nolthenius)

Motion: Approve Setting the date of May 24, 2005 to hear the appeal of the Planning Commission decision to deny the General Plan Amendment and Rezone for the Bridle Gate project, located west of the State Route 4 Bypass, on both sides of the Sand Creek Road extension.
Moved by Taylor, seconded by Beckstrand.
Vote: Motion carried 3-0.
Yes: Beckstrand; Gutierrez; Taylor
Abstain: Swisher
Vacancy: One.

11. Adopt a Resolution appointing an Underwriter, Bond Counsel, Engineer of Work and approving deposit and reimbursement agreements for CIFP 2005-1 and Assessment District No. 2005-1 and Assessment District No. 2005-1; adopt a Resolution declaring official intent to reimburse certain expenditures from proceeds of indebtedness; adopt a Resolution of intention to order improvements in Assessment District No. 2005-1 and approving the proposed Boundary Map and adopt a Resolution preliminarily approving the Engineer's Report and setting a date of July 12, 2005 at 7:00 p.m. for Public Hearing of Protest and providing for property owner assessment ballots for Assessment District No. 2005-1. (B. Grewal/D. Galey)

Motion: Approve waiving full reading and adopting Resolution No. 2005-106 appointing an Underwriter, Bond Counsel, Engineer of Work and approving deposit and reimbursement agreements for CIFP 2005-1 and Assessment District No. 2005-1 and Assessment District No. 2005-1; waiving full reading and adopting Resolution No. 2005-107 declaring official intent to reimburse certain expenditures from proceeds of indebtedness; waiving full reading and adopting Resolution No. 2005-108 of intention to order improvements in Assessment District No. 2005-1 and approving the proposed Boundary Map and waiving full reading and adopting Resolution No. 2005-109 preliminary approving the Engineer's Report and setting a date of July 12, 2005 at 7:00 p.m. for Public Hearing of Protest and providing for property owner assessment ballots for Assessment District No. 2005-1.
Moved by Swisher, seconded by Taylor.
Vote: Motion carried 3-0.
Yes: Gutierrez; Swisher; Taylor
Abstain: Beckstrand
Vacancy: One.

13. Direct staff to prepare for Planning Commission and City Council action a General Plan Amendment and Zoning Ordinance Amendment to establish a condominium conversion zoning ordinance and General Plan Amendment. (H. Sword/D. Hill)

Motion: Approved directing staff to prepare for Planning Commission and City Council action a General Plan Amendment and Zoning Ordinance Amendment to establish a condominium conversion zoning ordinance and General Plan Amendment.
Moved by Gutierrez, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

PUBLIC HEARINGS (07:34 PM)

14. Consideration of a Resolution approving the Housing Element Update of the City's General Plan in compliance with State Law. (H. Sword/H. Kline/W. Rhodes)

Senior Planner, Winston Rhodes, presented a staff report, explaining that this was a mandatory element of the General Plan that required review by the State. Suggested revisions had been reviewed and approved by the State and the City's Housing Element would be found in compliance of State law by the State Department of Housing and Community Development. The Housing Element was required to set forth the City's policy for the production of housing for all income levels based on existing community needs as well as State law. Staff recommended approving a Resolution to adopt the General Plan Housing Element Update with the State mandated revisions.

Mayor Swisher opened the public hearing.

Motion: Approve closing public hearing.
Moved by Swisher, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

Mayor Swisher proposed moving eight acres to PD 38 and five acres into the Empire Triangle. PD 38 was the Empire Triangle and there was housing adjacent on the other side of the train tracks and to the north, there was a proposed eBART station and business in the area. He believed that the five acres would be a more appropriate area for high density and mixed use. The other eight acres would go to PD 38 since there was a fire station, school to the east of it and more business.

Motion: Approve waiving full reading and adopting Resolution No. 2005-110 designating the 13-acres next to Jeffery Way by moving five of those acres to PD 38 and specifying the eight acres in SPA P as directed.
Moved by Swisher, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

OLD BUSINESS (07:45 PM)

15. Waive second reading and adopt Ordinance No. 800 approving a Rezone (RZ 05-01) for an approximate 33-acre site from R-1-10 to PD-60, located north of Grant Street, on both sides of O'Hara Avenue. (H. Sword/E. Nolthenius)

Mayor Swisher declared a conflict of interest and left the Council dais.

Motion: Approve waiving second reading and adopting Ordinance No. 800 approving a Rezone (RZ 05-01) for an approximate 33-acre site from R-1-10 to PD-60, located north of Grant Street, on both sides of O'Hara Avenue.
Moved by Taylor, seconded by Beckstrand.
Vote: Motion carried 3-0.
Yes: Beckstrand; Gutierrez; Taylor
Abstain: Swisher
Vacancy: One.

Mayor Swisher returned to the Council dais.

NEW BUSINESS (07:46 PM)

16. Review Council Goals from April 16, 2005 workshop and discuss implementation. (D. Landeros)

City Manager, Donna Landeros, informed that the goals from the Goal Setting Workshop of April 16, 2005 were placed before Council to discuss, guide and direct staff.

Mayor Swisher said he believed that a priority schedule was necessary and the residents needed to know more about what Council had discussed. Regional transportation was the number one issue for Council and the agricultural enterprise program was a high priority. Regional transportation was a cooperation with other agencies and the citizens should know what the priorities were.

Council Member Gutierrez agreed about prioritizing and that regional transportation, the housing element and agriculture were main priorities.

Council Member Beckstrand asked if the visioning could be taken and incorporated into each of the items listed.

Council Member Taylor said everything was important and there needed to be a two-year, five-year and ten-year plan, so that when prioritizing, there enough money to accomplish and finish projects.

City Manager Landeros said this document was flexible and could be changed and it was up to Council.

Council Member Gutierrez said it was important to tier the document in terms of the priorities.

Mayor Swisher said that this needed to be a working document and he asked about the long range plan and when the goals would be accomplished.

Council Member Beckstrand asked if Council wanted to create a system for the goals such as that of the CIP document.

Council Member Gutierrez asked to fix the structure of the document to show priorities and where Council would invest.

City Manager Landeros added that staff would revisit the document using Council comments and return to Council with a new draft. Staff would also report quarterly to show progress.

INFORMATIONAL REPORTS FROM STAFF - No action required (08:09 PM)

Mayor Swisher asked if there was an update on Deer Ridge.

Randy Kidwell, Chief Building Official, presented an update noting that the final lift on Spyglass had been done and some of the landscaping had been installed. He had a punch list and a status report, which would be made available to Council. He was preparing agreements for holding back the final 100 units. An item will be agendized for the May 24, 2005 City Council agenda.

17. Informational Report on Subdivision No. 8849, Visions Phase III, by Warmington Homes, located at the south west corner of Lonetree Way and Fairview Avenue; Final Map Approval. (K. Chew/C. Garcia)

18. Informational Report on Subdivision No. 8724, Granville Estates, by Western Pacific Homes located south of Neroly Road and west of O'Hara Avenue; Final Map Approval. (K. Chew/C. Garcia)

19. Informational Report on Subdivision No. 8763, Ashford Park Phase II, by Mark Pringle Company, located west of Fairview Avenue and south of Apricot Way; Final Map Approval. (K. Chew/C. Garcia)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

Mayor Swisher reported that he had gone to Washington D. C. to lobby for funding for Highway 4. He said Ellen Taucher had earmarked $20 million in a transportation bill for Highway 4 and applauded efforts in East County since the County had reissued the 1/2 cent sales tax for transportation.

Council Member Beckstrand reported that bids for Segment 1 of the Bypass were opened and had come in under bid projections, and would roll over into Segment 3 and ensure that Segment 3 would be completed in the end of 2007.

Council Member Taylor and Vice Mayor Gutierrez reported on their attendance at the Mayor's conference last week.

REQUESTS FOR FUTURE AGENDA ITEMS - None (08:15 PM)

ADJOURNMENT (08:15 PM)

Motion: Approve adjournment.
Moved by Swisher, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One.

Respectfully Submitted,

Cynthia Garcia
Interim City Clerk
 

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