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Current Council Agenda and Past Meeting Information

 

Item 01

CITY OF BRENTWOOD
CITY COUNCIL MEETING MINUTES
JULY 26, 2005
COUNCIL CHAMBER

CALL TO ORDER (6:02 PM)

Roll Call
Present: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

ADJOURN TO CLOSED SESSION (6:03 PM)

Adjourn to Closed Session pursuant to Government Code 54957.6:
Public Employee Performance Evaluation ‑ Title: City Manager

RECONVENE IN OPEN SESSION (7:05 PM) - 734 Third Street, City Council Chamber

Roll Call
Present: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

REPORT ON CLOSED SESSION - None (07:06 PM)

PRESENTATIONS (07:06 PM)

A. Business Connection link presentation.

Librarian, Leonard Roudman, presented information on a new business web page called the Business Connection.

AGENDA REVIEW (07:12 PM)

Motion: Approve Agenda Review
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

Item 5 Pull from the agenda and place on August 9, 2005 agenda.

Item 12 Correspondence submitted from Lisa Pinguelo.

Item 17 Attached is "Exhibit A" declaring the results of the signature verification by the County of Contra Costa Elections-Registration Department.

Correspondence submitted from Greenbelt Alliance.

CITIZEN COMMENTS (07:13 PM)

Ray Carter commented on the opening of Veteran’s Park and the Relay for Life Cancer run, noting that the effort for the run had raised over $100,000. He said he would continue to do the relay for years to come until cancer was wiped out. He asked the City to make a donation to the Cancer Society.

Barbara Guise spoke regarding Tri Delta Transit, informing that the Cornfest shuttle had carried less passengers than in past. Starting August 1, 2005, buses on routes 384 385 and 386 would stop at BART. New routes would take people to Kaiser, John Muir Medical Center and Heritage High School and schedules would soon be available.

CONSENT CALENDAR (07:21 PM)

1. PULLED FOR DISCUSSION - Approve Minutes of July 12, 2005. (K. Chew/C. Garcia)

2. Adopted Resolution No. 2005-183 accepting public improvements for maintenance, accepting the Subdivision Maintenance Bond and releasing the Subdivision Improvement Securities for Subdivision No. 8491, Deer Ridge Country Club, Village H-1-A Unit 1, developed by Lafferty Homes, located south of Balfour Road and west of Foothill Drive. (B. Grewal/D. Galey)

3. Adopted Resolution No. 2005-184 accepting the right-of-way offers of dedication in-fee, accepting easements, abutter’s rights and sub-surface water rights as shown on Parcel Map Minor Subdivision (MS) No. 358-02; accepting all off-site public improvements for maintenance; accepting the Maintenance Bond and releasing the Improvement Securities for DR No. 01-34, Balfour Village Shopping Center, located at the southeast corner of Balfour Road and Fairview Avenue. (B. Grewal/D. Galey)

4. PULLED FOR DISCUSSION - Adopt a Resolution approving a Reimbursement Agreement with Brentwood Sand Creek Partners, LLC, Tentative Subdivision Map No. 8788, consisting of 311 lots, located south of Grant Street and east of the Union Pacific Railroad, on both sides of the O’Hara Avenue extension for Master Plan Facility Improvements. (B. Grewal/L. Vargas)

5. PULLED FROM THE AGENDA - Waive first reading and consider proposed Ordinance deleting the existing Title 13 of the Municipal Code and establish a new Title 13 to provide for the regulation and use of City sewer systems. (P. Zolfarelli/D. Stoops)

6. Adopted Resolution No. 2005-185 authorizing the City Manager to execute an agreement with Garaventa Enterprises, dba Brentwood Disposal for the transfer of solid waste services in the Central Annexation area for the Rose Garden and Sterling Preserve II subdivisions. (P. Zolfarelli/J. Carlson)

7. Adopted Resolution No. 2005-186 authorizing Individuals access to sales and use tax records pursuant to Revenue and Taxation Code Section 7056. (P. Ehler/D. Davies)

8. PULLED FOR DISCUSSION - Approval of the “Critters” public art element within Veterans Park. (C. Bronzan/R. Burr-Siegel)

9. PULLED FOR DISCUSSION - Adopt a Resolution for a public art fee letter of agreement between the City of Brentwood and D.R. Horton for payment of the public art fee at Granville Estates, Subdivision #8724, and the City Manager to sign said letter and to amend the CIP project sheet for Granville Estates Public Art. (C. Bronzan/R. Burr-Siegel)

10. Rejected the claim of Audrey Richards that was presented on April 27, 2005, as recommended by the City’s third-party adjuster, Municipal Pooling Authority of Northern California. (K. Chew)

11. Authorized the City Manager to execute a Professional Services Agreement with the Buxton Company in an amount not to exceed $50,000 for market research services. (H. Sword/L. Maurer)

CONSENT CALENDAR ACTIONS (7:22 PM)

Motion: Approve Consent Calendar Items 2 - 3, 6 - 7 and 10-11 as recommended.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

1. Approve Minutes of July 12, 2005. (K. Chew/C. Garcia)

Motion: Approve Minutes of July 12, 2005 as recommended.
Moved by Gutierrez, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Abstain: Swisher

4. Adopt a Resolution approving a Reimbursement Agreement with Brentwood Sand Creek Partners, LLC, Tentative Subdivision Map No. 8788, consisting of 311 lots, located south of Grant Street and east of the Union Pacific Railroad, on both sides of the O’Hara Avenue extension for Master Plan Facility Improvements. (B. Grewal/L. Vargas)

Motion: Approve waiving full reading and adopting Resolution No. 2005-187 approving a Reimbursement Agreement with Brentwood Sand Creek Partners, LLC, Tentative Subdivision Map No. 8788, consisting of 311 lots, located south of Grant Street and east of the Union Pacific Railroad, on both sides of the O’Hara Avenue extension for Master Plan Facility Improvements as recommended.
Moved by Taylor, seconded by Gutierrez.
Vote: Motion carried 3-0.
Yes: Brockman; Gutierrez; Taylor
Abstain: Beckstrand; Swisher

8. Approval of the “Critters” public art element within Veterans Park. (C. Bronzan/R. Burr-Siegel)

Bill Carmel, Artist, said he was honored to bring the animals to the Veterans Park and he had been asked to create indigenous animals, which included a fox, coyote, raccoon, an egret and a mallard duck.

Motion: Approve the “Critters” public art element within Veterans Park as recommended.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

9. Adopt a Resolution for a public art fee letter of agreement between the City of Brentwood and D.R. Horton for payment of the public art fee at Granville Estates, Subdivision #8724, and the City Manager to sign said letter and to amend the CIP project sheet for Granville Estates Public Art. (C. Bronzan/R. Burr-Siegel)

Motion: Approve waiving full reading and adopting Resolution No. 2005-188 for a public art fee letter of agreement between the City of Brentwood and D.R. Horton for payment of the public art fee at Granville Estates, Subdivision #8724, and the City Manager to sign said letter and to amend the CIP project sheet for Granville Estates Public Art as recommended.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Abstain: Swisher

PUBLIC HEARINGS (07:25 PM)

12. Reconsideration and introduction and waiver of the first reading of an Ordinance amending Planned Development 18 (PD-18) to reduce required setbacks and minimum lot size, and allowing a drive-thru coffee use as a conditionally permitted use within the neighborhood commercial area in this zone. This property is generally located north of Balfour Road and west of West Country Club Drive. (H. Sword/D. Hill)

Associate Planner, Debbie Hill, explained that at the meeting of June 14, 2005, Council voted 2 - 2 denying the application and on June 28, 2005, Council Member Taylor requested reconsideration of the item. She spoke about traffic cueing and parking.
City Engineer, Bailey Grewal, informed about meeting with the School Districts and about the intersections and improvements that would be part of the CIP project.

Mayor Swisher opened the public hearing.

Kevin Barnett said that a coffee house next to the high school was not a good idea. He expressed concerns about traffic ingress and egress out of the Shadow Lakes area as well as exhaust and traffic. He said that 94 of 96 people signed against the drive thru and asked that a coffee shop be prevented.

Neil Linden spoke on behalf of Robert and Janet Montero noting that as homeowners in the Shadow Lakes area, a drive-thru by Heritage High School would not be beneficial and would draw additional traffic and potentially dangerous situations. He asked Council to consider not putting in a drive thru.

Linda Nakaji said she agreed with the previous speakers, noting that safety was still a concern and the center was small and there was not enough room.

Randall Girke said he was concerned about the safety of the community and it would have been better to turn the area into a parking lot by the park which needed parking.

Brent Aasen, Equus Group, appreciated the opportunity to meet with the neighbors and explain details of the project.

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

Council Member Gutierrez said that she was not sure that there was adequate infrastructure for a drive thru. She believed that the project would benefit the community and was not comfortable with congestion coming in and out. The project would be fine with alternative options.

Mayor Swisher said this was a very well designed project and people would come to the center. There would be options in the future and he believed it would work just fine. The center provided extra parking for the adjacent park.

Council Member Taylor said he saw a tremendous amount of traffic and activity and said he was concerned.

Council Member Brockman noted that the Planning Commission had approved the project. He said he believed that homeowners were protected and anyone on Ashford Place was well screened from noise and activity. Cueing was not an issue and there was no obstruction. The parking spots were parking spaces for the park and he was in favor of the project.

Council Member Beckstrand said she agreed that this was a good shopping center for the community and the cueing was done appropriately and it was a good use. Council has the option of dealing with the conditional use permit later.

Motion: Reconsidered and waived first reading, and introduced Ordinance No. 804 amending Planned Development 18 (PD-18) to reduce required setbacks and minimum lot size, and allowing a drive-thru coffee use as a conditionally permitted use within the neighborhood commercial area in this zone. This property is generally located north of Balfour Road and west of West Country Club Drive.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 3-2.
Yes: Beckstrand; Brockman; Swisher
No: Gutierrez; Taylor

13. CONTINUED TO AUGUST 9, 2005 - Approval of a Zoning Text Amendment (ZTA 05-02) proposing a change to Zoning Code Chapter 17.280.002 Subsection “A” Permitted Uses in the CB (Central Business District) Zone. (H. Sword/J. Zilm)

14. Consideration of an Ordinance approving a Zoning Text Amendment (ZTA 05-01) replacing existing Chapter 17.690 of the Municipal Code with a new Chapter 17.690 adopting new locational and operating requirements for adult oriented businesses and adult service providers within the City of Brentwood. (H. Sword/M. Leana)

Chief of Planning, Mike Leana, presented a staff report. He noted that this was a complete revision of the adult entertainment ordinance, necessitated since the existing ordinance was over 20 years old. It did not reflect the City’s pattern of residential development over the last fifteen years with respect to compatibility between the use and sensitive land uses. Staff recommended waiving first reading and introducing the ordinance.

Mayor Swisher opened public hearing.

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

Motion: Approve waiving full reading and introducing Ordinance No. 805 approving a Zoning Text Amendment (ZTA 05-01) replacing existing Chapter 17.690 of the Municipal Code with a new Chapter 17.690 adopting new locational and operating requirements for adult oriented businesses and adult service providers within the City of Brentwood. (H. Sword/M. Leana)
Moved by Brockman, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor; Brockman

NEW BUSINESS (08:14 PM)

15. Consider a Resolution approving a First Time Homebuyer Assistance Program and authorizing the execution of Implementing Documents. (H. Sword/E. Bonneville)

Housing Manager, Ellen Bonneville, presented a staff report and a power point presentation on the various programs, noting that Seifel Consultants had recommended a program with a variety of repayment options for loans to first time home buyers. Loans would be available approximately October 1, 2005.

Council Members Taylor and Gutierrez asked that the loans be explained in easy terms.

Council Member Brockman said it was nice to make it available to people and he asked to save the capital and use it again.

Motion: Approve waiving full reading and adopting Resolution No. 2005-189 approving a First Time Homebuyer Assistance Program and authorizing the execution of Implementing Documents.
Moved by Gutierrez, seconded by Taylor.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor; Brockman

16. Discussion and approval of project priorities funded by the Housing Trust Fund for fiscal years 2005-2007 (H. Sword/E. Bonneville)

Housing Manager, Ellen Bonneville, explained the worksheet of priorities and presented a power point, noting a budget of $5.6 million.

Motion: Approve project priorities funded by the Housing Trust Fund for fiscal years 2005-2007.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor; Brockman

17. Certify the results received from the Contra Costa County Registration-Election Department and adopt a Resolution calling and giving notice of the holding of a Special Municipal Election to be held November 8, 2005 as required by the provisions of the laws of the State of California relating to general law cities and for the submission to the voters a question relating to the City of Brentwood Voter Approved Urban Limit Line; setting priorities for filing written arguments regarding a City measure; directing the City Attorney to prepare an impartial analysis and directing the City Attorney and City Clerk to prepare the necessary documents to place the measure on the ballot; and request the Board of Supervisors of the County of Contra Costa to consolidate a Special Municipal Election to be held on November 8, 2005 with the Statewide Special Election to be held on the date pursuant to §10403 of the Elections Code. (D. Landeros/C. Garcia)

Interim City Clerk, Cynthia Garcia, presented a staff report, recommending that Council certify the results and adopt a Resolution calling and giving notice of the holding of a Special Municipal Election to be held November 8, 2005.

Motion: Approved the certified results received from the Contra Costa County Registration-Election Department and waived full reading and adopted Resolution No. 2005-190 calling and giving notice of the holding of a Special Municipal Election to be held November 8, 2005 as required by the provisions of the laws of the State of California relating to general law cities and for the submission to the voters a question relating to the City of Brentwood Voter Approved Urban Limit Line; setting priorities for filing written arguments regarding a City measure; directing the City Attorney to prepare an impartial analysis and directing the City Attorney and City Clerk to prepare the necessary documents to place the measure on the ballot; and request the Board of Supervisors of the County of Contra Costa to consolidate a Special Municipal Election to be held on November 8, 2005 with the Statewide Special Election to be held on the date pursuant to §10403 of the Elections Code.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor; Brockman

INFORMATIONAL REPORTS FROM STAFF - No action required (08:38 PM)

18. Informational Report on Subdivision No. 8953, Siena Village, developed by Siena Properties, located north of Balfour Road and west of the Highway 4 Bypass; Final Map Approval. (K. Chew/C. Garcia)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (08:38 PM)

Council Member Brockman reported on his attendance at an E-Bart scoping meeting noting that studies would be conducted on sound.

Council Member Beckstrand also reported on her attendance at the E-Bart scoping meeting, informing that there were many issues and mitigations that needed to be dealt with and resolved before moving forward. She hoped MTC’s imposition of a transit oriented development policy to overlay on BART’s ridership development program did not preclude BART from being able to come to the City.

Council Member Taylor noted his attendance at Veterans Park dedication and said that all who participated did a great job.

Council Member Brockman sent kudos to those in Parks that cleaned up after the Walk For Life event.

REQUESTS FOR FUTURE AGENDA ITEMS (08:43 PM)

Council Member Gutierrez asked for consideration of a donation to the American Cancer Society to go to the August 4, 2005 subcommittee meeting for discussion.

Council Member Taylor informed that a Police Officer in San Leandro had been slain last night and asked that the Police Department participate in some way.

ADJOURNMENT (08:45 PM)

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

Respectfully Submitted,

Cynthia Garcia, CMC
Interim 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