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Current Council Agenda and Past Meeting Information

 

CITY OF BRENTWOOD
CITY COUNCIL MEETING MINUTES TUESDAY, JULY 12, 2005
COUNCIL CHAMBER, 7:00 P.M.

CALL TO ORDER CITY COUNCIL (7:00 PM)

Roll Call (07:02 PM)
Present: Beckstrand; Gutierrez; Taylor; Brockman
Absent: Swisher

PRESENTATIONS (07:02 PM)

A. New Employee Introductions

Police Chief, Michael Davies, introduced Police Officer, Frank Oathout;Public Works Director, Paul Zolfarelli, introduced Kent Langendorff, Senior Equipment Mechanic; and Director of Finance and Information Systems, Pamela Ehler, introduced Joseph Ruzon,Technical Assistant I.

Vice Mayor Gutierrez administered the oath of office to new employees.

AGENDA REVIEW (07:08 PM)

Determining there is a need to take immediate action on Item 16A and that the need to take action came to the attention of the City subsequent to the posting of the agenda:

Item 16A Adopt a Resolution approving the East County Functional Equivalent Integrated Regional Water Management Plan for the purpose of complying with the Proposition 50, Chapter 8 grant criteria. (B. Grewal/P. Eldredge)

Item 18 The attached resolution is additional information to be included with Item 18.

Motion: Approve AGENDA REVIEW
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Taylor; Brockman
Absent: Swisher

CITIZEN COMMENTS (07:09 PM)

Beth Pforr asked Council to take the initiative to have an animal shelter in the area and she said she believed that developers should assist in the creation of the shelter and that she should not be responsible for finding sponsors.

Ray Shipley resigned from the Planning Commission effective July 31, 2005 and extended his thanks and appreciation to Council.

CONSENT CALENDAR (07:14 PM)

1. PULLED FOR DISCUSSION - Approve Minutes of June 28, 2005 and special meeting held July 6, 2005. (K. Chew/C. Garcia)

2. Authorized the City Manager to execute a Professional Services Agreement with Seifel Consultants, Inc., in an amount not to exceed $75,000 for the review and analysis of the City’s rental program and housing in-lieu fees, review of Ordinance 790 and any amendments deemed necessary by the City Council and general housing consulting services. (H. Sword/E. Bonneville)

3. Appointed Lanny Brown and Brianna Swisher to the Citizen’s Advisory Committee regarding Community Facilities to fill two vacant positions. (K. Chew/C. Bronzan)

4. Waived second reading and adopted Ordinance No. 803 amending Chapter 5.04 of the Code relating to Business Licenses, Taxes and Regulations as it pertains to Business License. (K. Chew/G. Leech)

5. Adopted Resolution No. 2005-166 authorizing the City Manager to execute a contract amendment with Carlton Engineering for design services for the CIP Project No. 542-5402, Solid Waste Transfer Station Improvements Phase III, for the amount of $366,400, plus a 10% project contingency. (P. Zolfarelli/ J. Carlson/ M. Huber)

6. Adopted Resolution No. 2005-167 authorizing the City Manager to execute a contract amendment with Concept Design Company for construction management services for the CIP Project No. 542-5402, Solid Waste Transfer Station Improvements Phase III, for a contract amendment amount of $370,426, plus a 10% project contingency. (P. Zolfarelli/ J. Carlson/ M. Huber)

7. Adopted Resolution No. 2005-168 authorizing the execution of a Quitclaim Deed for a portion of Parcel ’B’ of Subdivision No. 8829 to Western Pacific Housing, Inc. for real property generally located south of Balfour Road and west of Concord Avenue on the south side of Spyglass Drive. (B. Grewal/M. Sullivan)

8. PULLED FOR DISCUSSION - Adopt a Resolution authorizing staff to temporarily close Lone Oak Road, Lone Oak Court and Saddle Creek Court for approximately sixty (60) working days for construction of sewer and water infrastructure for the surrounding neighborhood and temporarily close Grant Street for approximately ten (10) working days to complete the construction of Grant Street, prior to the opening of Marsh Creek Elementary School. (B. Grewal/B. Bornstein)

9. Adopted Resolution No. 2005-169 approving the speed limits for Sycamore Avenue, Apricot Way, sections of Empire Avenue and Second Street within th City of Brentwood. (B. Grewal/R. Craig/B. Silva)

10. Set the date of Wednesday, August 10, at 6:00 pm, as a special joint workshop with the Council and Planning Commission for a presentation of Brentwood Boulevard Corridor Specific Plan status and community workshop results by Freedman Tung & Bottomley and Gruen+Gruen Associates. (H. Sword/G. Rozenski)

11. Adopted Resolution No. 2005-170 authorizing City staff to prepare and submit an Out of Agency Service Request to LAFCO for sewer and water service for the property owners of 8011 Lone Tree Way on their behalf. (B. Grewal/P. Eldredge)

12. Adopted Resolution No. 2005-171 approving an Affordable Housing Agreement between the City of Brentwood and Blumen Ranchers, for Subdivision 8674, located south of Neroly Road, west of O’Hara Avenue and east of the Pulte Homes Rose Garden Subdivision. (H. Sword/K. Reed)

13. Adopted Resolution No. 2005-172 authorizing the City Manager to execute purchase orders or contracts for the not-to-exceed dollar amounts listed for the attached list of vendors. (B. Bridgen/P. Ehler)

14. Adopted Resolution No. 2005-173 executing a Professional Services Agreement with Mark Thomas & Company, Inc., to provide design services for the Brentwood Boulevard Widening-Central, CIP Project No. 336-3149. (B. Grewal/R. Craig)

15. PULLED FOR DISCUSSION - Approve employment agreement with the new City Attorney. (D. Landeros/K. Chew)

16. PULLED FOR DISCUSSION - Authorize the Mayor to execute a Memorandum of Understanding with the San Francisco Bay Area Rapid Transit District, City of Antioch, City of Oakley, City of Pittsburg, Contra Costa County, Contra Costa Transportation Authority and Tri Delta Transit regarding the East Contra Costa BART Extension. (H. Sword/W. Rhodes)

16A. Adopted Resolution No. 2005-174 approving the East County Functional Equivalent Integrated Regional Water Management Plan for the purpose of complying with the Proposition 50, Chapter 8 grant criteria. (B. Grewal/P. Eldredge)

CONSENT CALENDAR ACTIONS

Motion: Approve Consent Calendar Items 2 - 7 and 9 - 14 as recommended.
Moved by Brockman, seconded by Beckstrand.

Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Taylor; Brockman
Absent: Swisher

1. Approve Minutes of June 28, 2005 and special meeting held July 6, 2005. (K. Chew/C. Garcia)

Motion: Approve Minutes of June 28, 2005 and special meeting held July 6, 2005. (K. Chew/C. Garcia)
Moved by Brockman, seconded by Beckstrand.
Vote: Motion carried 3-0.
Yes: Beckstrand; Taylor; Brockman
Abstain: Gutierrez
Absent: Swisher

8. Adopt a Resolution authorizing staff to temporarily close Lone Oak Road, Lone Oak Court and Saddle Creek Court for approximately sixty (60) working days for construction of sewer and water infrastructure for the surrounding neighborhood and temporarily close Grant Street for approximately ten (10) working days to complete the construction of Grant Street, prior to the opening of Marsh Creek Elementary School. (B. Grewal/B. Bornstein)

James Troy spoke regarding closure of the streets saying that he was concerned about giving the developer the hand to close the streets for 60 working days. He and his neighbors asked that the work be done in two or three phases. He said Darrin Gosset, Lennar Homes, had assured him that this would not happen and he also asked for Council assurance.

Council Member Taylor requested that the residents be notified should the time for the project be extended.

Motion: Approve waiving full reading and adopting Resolution No. 2005-175 authorizing staff to temporarily close Lone Oak Road, Lone Oak Court and Saddle Creek Court for approximately sixty (60) working days for construction of sewer and water infrastructure for the surrounding neighborhood and temporarily close Grant Street for approximately ten (10) working days to complete the construction of Grant Street, prior to the opening of Marsh Creek Elementary School.
Moved by Taylor, seconded by Gutierrez.
Vote: Motion carried 3-0.
Yes: Gutierrez; Taylor; Brockman
Abstain: Beckstrand
Absent: Swisher

15. Approve employment agreement with the new City Attorney. (D. Landeros/K. Chew)

Motion: Approve employment agreement with the new City Attorney, Damien Brower.
Moved by Beckstrand, seconded by Brockman.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Taylor; Brockman
Absent: Swisher

16. Authorize the Mayor to execute a Memorandum of Understanding with the San Francisco Bay Area Rapid Transit District, City of Antioch, City of Oakley, City of Pittsburg, Contra Costa County, Contra Costa Transportation Authority and Tri Delta Transit regarding the East Contra Costa BART Extension. (H. Sword/W. Rhodes)

Council Member Beckstrand said she believed that Draft No. 17 should be considered, even though Draft No. 13 was in the packet and was not the most recent version.

Senior Planner, Winston Rhodes, explained that Version No. 17 had been received today and he explained some of the changes made in that version. Staff had just received Version No. 18 and the recommendation was to authorize the Mayor to sign the MOU on behalf of the City regarding the East Contra Costa Bay Area Transit extension.

Council Member Beckstrand noted that the authorization was based on the final acceptance by the City Manager.

Senior Planner Rhodes explained detailed changes made from MOU Version 13 to Version 18. It was not the actual version of the MOU that was attached to the staff report but was the intent and required authorization for the City Manager to sign.

Motion: Approve authorizing the Mayor to execute a Memorandum of Understanding with the San Francisco Bay Area Rapid Transit District, City of Antioch, City of Oakley, City of Pittsburg, Contra Costa County, Contra Costa Transportation Authority and Tri Delta Transit regarding the East Contra Costa BART Extension.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Taylor; Brockman
Absent: Swisher

PUBLIC HEARINGS (07:41 PM)

17. Consideration of various Resolutions pertaining to the approval and formation of CIFP 2005-1 and Assessment District No. 2005-1. (B. Grewal/P. Eldredge/D. Galey)

Engineering Specialist, Debra Galey, presented a staff report.

Vice Mayor Gutierrez opened the public hearing.

Motion: Approve closing the public hearing.
Moved by Beckstrand, seconded by Taylor.

Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Taylor; Brockman
Absent: Swisher

Motion: Approve waiving full reading and adopting Resolution No. 2005-176 approving Capital Improvement Financing Plan 2005-1 and acknowledging certain findings of the City Manager in accordance with Title 17.805 of the Brentwood Municipal Code, as amended, with Exhibits A and B; waiving full reading and adopting Resolution No. 2005-177 approving an amended boundary map; overruling protests; approving the Final Engineer's Report and Assessments; ordering acquisition and/or construction of improvements and levying assessments with Exhibit A; and waiving full reading and adopting Resolution No. 2005-178 determining significant public benefits to the City of Brentwood from the sale of Local Obligations to the Brentwood Infrastructure Financing Authority; approving form and substance of a Trust Agreement and authorizing changes thereto and execution thereof; providing for the issuance of City of Brentwood Limited Obligation Improvement Bonds, Assessment District No. 2005-1; approving the sale of said bonds (which establishes the maturities of and interest rates on said bonds); approving the form and substance of a Local Obligation Purchase Contract; a Preliminary Official Statement and a Final Official Statement; a Continuing Disclosure Agreement; the Funding, Acquisition and Disclosure Agreements; and authorizing related actions and the execution of related documents to implement the proposed Financing Plan, with Exhibit A.
Moved by Beckstrand, seconded by Brockman.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Taylor; Brockman
Absent: Swisher

RECESS CITY COUNCIL TO BRENTWOOD INFRASTRUCTURE FINANCING AUTHORITY (07:43 PM)

RECONVENE CITY COUNCIL (07:45 PM)
Roll Call
Present: Beckstrand; Gutierrez; Taylor; Brockman
Absent: Swisher

PUBLIC HEARING (07:45 PM)

18. Consideration of Resolutions to approve the execution of the Second Amendment to Joint Exercise of Powers Agreement for East Contra Costa Regional Fee and Financing Authority (ECCRFFA) and the City of Brentwood and approving the East Contra Costa Regional Fee Program Update Report, including a revised schedule of regional transportation development impact mitigation fees and a revised projects list of transportation improvements as shown in Attachment 1 2005 Amendment to East Contra Costa Regional Fee and Financing Authority Joint Exercise of Powers Agreement, and the Supplemental Agreement terminating East County Transportation Improvement Authority (ECTIA). (B. Grewal/L. Vargas)

Item 18

City Engineerl Bailey Grewal, said that the interim Resolution was submitted to Council as an addition to the other materials, which would make the fees effective immediately. It was a necessity to pass the interim Resolution for the regional fee to be immediately in effect. Any delay in making the fees effective could compromise public health and safety and delay construction projects which were ready to move forward. The cities of Antioch, Brentwood, Oakley and Pittsburg were all moving forward to make the fees effective so that there would be enough revenue to accomplish the regional transportation projects without further delay.

Vice Mayor Gutierrez opened the public hearing.

Dale Dennis, Program Manager for East Contra Costa Regional Fee and Financing Authority, presented backround on the process used over the last eighteen months working with city and county engineers to address the demand based on ABAG projections and reports generated.

Julie Morgan, Fehr and Peers, presented and explained to Council, the Final Report on the East Contra Costa Regional Fee Program Update prepared for the East Contra Costa Regional Fee & Financing Authority to define how much growth and traffic were anticipated over the next 25 years in East County and how many new lanes of roadway capacity will be needed.

Bob Glover, Homebuilders Association of Northern California, referred to correspondence submitted from the Homebuilders Association. He said that approved development would be vulnerble to a CEQA challenge, and that Council would need to show findings of overriding considerations for each approved project or increasing the fee for dwelling units to $30,000 per unit and increase the commercial fees from $1.10 to possibly $28 per square foot. He added that Homebuilders Association supported the original transportation fee and they and new homebuyers had contributed towards funding regional transportation improvements. The Homebuilders Association and its members were committed to assist with traffic concerns. He requested that Council not adopt an urgency ordinance.

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

Motion: Approve waiving full reading and adopting Resolution No. 2005-179 to approve the execution of the Second Amendment to Joint Exercise of Powers Agreement for East Contra Costa Regional Fee and Financing Authority (ECCRFFA) and the City of Brentwood; waiving full reading and adopting Resolution No. 2005-180 approving the East Contra Costa Regional Fee Program Update Report, including a revised schedule of regional transportation development impact mitigation fees and a revised projects list of transportation improvements as shown in Attachment 1 – 2005 Amendment to East Contra Costa Regional Fee and Financing Authority Joint Exercise of Powers Agreement; waiving full reading and adopting Resolution No. 2005-181 authorizing the City Manager to execute the Supplemental Agreement terminating East County Transportation Improvement Authority (ECTIA) and waiving full reading and adopting interim Resolution No. 2005-182 establishing a Regional Transportation Development Impact Mitigation Fee on an interim basis for 30-days as recommended.
Moved by Beckstrand, seconded by Gutierrez.

Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Taylor; Brockman
Absent: Swisher

INFORMATIONAL REPORTS FROM STAFF (08:10 PM)
19. Update on developer progress at Deer Ridge Subdivision. (H. Sword/R. Kidwell)
Item 19

Director of Community Development, Howard Sword, presented a staff report.

Community Development Director, Howard Sword, and City Engineer, Bailey Grewal, informed that they had met with KB Homes and DR Horton to discuss progress and public improvements at Deer Ridge development. There had been substantial progress on bridge railings and acquisition of property necessary to complete Foothill Drive. Segment 3 of the Bypass and John Muir extension needed right-of-way and there would be remnant property. There were a total of 200 permits being held and it was requested that 67 building permits be issued July 13, 2005, and a total of 150 staged permits be issued. There would be 50 permits held until the project was complete to satisfaction. The progress would be monitored.

Motion: Approve update on developer progress at Deer Ridge Subdivision approving release of 150 staged permits in two phases.
Moved by Taylor, seconded by Beckstrand.

Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Taylor; Brockman
Absent: Swisher

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (08:18 PM)
Council Member Bob Taylor, commended the Police Department for their success in locating individuals involved in the recent bank robberers.

REQUESTS FOR FUTURE AGENDA ITEMS (08:20 PM)
Vice Mayor Gutierrez asked to look into having solar energy for commercial buildings and affordable homes and apartment complexes and to incorporate the changes into the housing ordinance.

Community Development Director, Howard Sword, said that staff would report on the life-cycle cost for the pay-back of solar systems.

Council Member Taylor commented that there was a Senate Bill and that there may be grant funds available.

ADJOURNMENT (08:22 PM)
Motion: Approve adjournment.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Taylor; Brockman
Absent: Swisher

Respectfully Submitted,



Cynthia Garcia, CMC
Interim City Clerk

City Administration
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