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Current Council Agenda and Past Meeting Information

 

CITY OF BRENTWOOD
CITY COUNCIL MEETING MINUTES
TUESDAY, SEPTEMBER 13, 2005
COUNCIL CHAMBER, 7:00 P.M.

CALL TO ORDER (6:00 PM)

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

WORKSHOP (6:01 PM)

Review and Discussion of the Code Enforcement program. (R. Kidwell)

RECESS CITY COUNCIL (6:57 PM)

RECONVENE (7:02 PM)

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

PRESENTATIONS (07:03 PM)

A. Proclamation recognizing September 19, 2005 through October 29, 2005 as City Reads 2005 Weeks.

Librarian, Leonard Roudman, accepted the proclamation and encouraged all citizens to read Daughter’s Keeper, by Ayelet Waldman. He announced that there would be an author program on Saturday, October 1, 2005 at 2:00 p.m. in the Community Center Blue Room.

B. New Employee Introduction and Oath of Allegiance

Pam Ehler, Director of Finance and Information Systems, introduced Matthew Griggs, Accounting Technician; Assistant City Manager, Karen Chew, introduced Margaret Wimberly, City Clerk; Director of Parks and Recreation, Craig Bronzan, introduced Felix Ruiz, Landscape/Facilities Worker I; Howard Sword, Director of Community Development, introduced John Strandberg, Community Development Technician and Paul Zolfarelli, Director of Public Works, introduced Dean Paiva, Street Maintenance Worker II and John Spadini Street Maintenance Worker II.

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

AGENDA REVIEW (07:15 PM)

Motion: Approve Agenda Review of Items 5, 22 and 23.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 3-0.
Yes: Beckstrand; Gutierrez; Taylor
Abstain: Brockman
Absent: Swisher

CITIZEN COMMENTS (07:15 PM)

D Bailey Neff spoke about being self sufficient during an emergency. He said that Walnut Creek conducted an emergency preparedness program on September 11, 2005.

Michael DeMassi and Larry spoke regarding Code Enforcement issues, noting that there was a neighborhood meeting to discuss a neighbor that had cars and boats parked out in front of the garage. The person came after the neighbor who had made the complaint. People were moving out because the area looked terrible. The Police Department had been contacted and those who complained asked to be kept anonymous.

CONSENT CALENDAR (07:24 PM)

1. PULLED FOR DISCUSSION - Approve Minutes of August 23, 2005. (M. Wimberly)

2. Adopted Resolution No. 2005-213 authorizing the City Manager to execute a Professional Services Agreement and related documents with Kimley-Horn and Associates, Inc. to provide design services in the amount of $114,313.05, plus a 10% contingency of $11,431.31, for a total amount of $125,744.36, for the Sellers Avenue Sewer Lift Station Expansion and Upgrade, CIP Project No. 592-5915. (B. Grewal/F. Lideros)

3. Adopted Resolution No. 2005-214 approving a Reimbursement Agreement with Siena Properties, LLC, Subdivision Map No. 8953, which is a portion of Tentative Subdivision Map No. 8781, located north of Balfour Road and west of the State Route 4 Bypass, consisting of 90 lots, for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

4. Adopted Resolution No. 2005-215 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 Subdivision No. 8180, Paradise Creek, developed by Discovery Builders, located south of Balfour Road and east of Guthrie Lane. (B. Grewal/D. Galey)

5. REMOVED FROM THE AGENDA - Adopt a Resolution authorizing the City Manager to execute a change order with Teichert Construction for the construction of the additional joint trench infrastructure and IPARQ Way at Sunset Industrial Complex, CIP Project No. 336-3128, in an amount of $537,862.95, plus a 10% contingency of $59,762.55, for a total amount of $597,625.50. (B. Grewal/P. Eldredge)

6. PULLED FOR DISCUSSION - Adopt a Resolution authorizing the City Manager to: 1) sign a contract with SunGard Bi-Tech in the amount of $948,715, plus a 10% contingency, for a total amount of $1,043,586.50, for a Financial Software package, CIP Project #337-3114, 2) amend the contract, as needed, for non-monetary items such as implementation plans and 3) amend the CIP Budget Sheet. (P. Ehler/P. Meyer)

7. Adopted Resolution No. 2005-216 approving an Affordable Housing Agreement between the City of Brentwood and Mark Taylor, for Subdivision 8808 (H. Sword/K. Reed)

8. PULLED FOR DISCUSSION - Adopt a Resolution to include the Veterans Element - Phase One project into the 2005/06 - 2009/10 Capital Improvement Program and authorize the City Manager to sign improvement contracts for final design and construction of Phase One of the Veterans Element in an amount not to exceed $45,500. (C. Bronzan)

9. Adopted Resolution No. 2005-217 accepting the work performed by Bay Cities Paving & Grading Inc. for the 2004 Pavement Management Program, CIP Project No. 336-3083 and directing the City Clerk to file a Notice of Completion with the County Recorder. (P. Zolfarelli/J. Gallegos)

10. Adopted Resolution No. 2005-218 approving the contract documents and award the construction contract for the 2004/05 Pavement Management Program, CIP Project No. 336-3083, to Bay Cities Paving & Grading, Inc. and authorize the City Manager to execute the agreement and necessary documents in the amount of $643,221.50, plus a 10% contingency, for a total amount of $707,543.65. (P. Zolfarelli/J. Gallegos)

11. PULLED FOR DISCUSSION - Adopt a Resolution authorizing the City Manager to execute a Funding Agreement between the California Office of Traffic Safety and the City of Brentwood in the amount of $138,275 for the Pedestrian and Bicycle Safety Program. (B. Grewal/T. Wooten)

12. Waived second reading and adopted Ordinance No. 809 to amend Planned Development (PD) Zones 55, 38, and 53 to allow Very High Density Residential Development and adopt specific development standards in order to evaluate future development proposals. (H. Sword/W. Rhodes)

13. Accepted an Informational Report on the Balanced Billing Program. (P. Ehler/D. Alessio)

14. Accepted an Informational Report on Fueling Expenditures. (P. Ehler/K. Breen)

15. Accepted an informational report regarding consideration of property across from the Brentwood Family Aquatic Complex as a future park site. (C. Bronzan/K. DeSilva/P. Scherff)

16. Accepted an Informational report regarding consideration of keeping Sunset Park open other than for scheduled events. (C. Bronzan/K. DeSilva/P. Scherff)

CONSENT CALENDAR ACTIONS (07:24 PM)

Motion: Approve Consent Calendar Items 2 - 4, 7, 9 - 10 and 12 - 16 as recommended.
Moved by Beckstrand, seconded by Brockman.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

1. Approve Minutes of August 23, 2005 as recommended. (M. Wimberly)

Motion: Approve Minutes of August 23, 2005. (M. Wimberly)
Moved by Beckstrand, seconded by Brockman.
Vote: Motion carried 3-0.
Yes: Beckstrand; Brockman; Taylor
Abstain: Gutierrez
Absent: Swisher

6. Adopt a Resolution authorizing the City Manager to: 1) sign a contract with SunGard Bi-Tech in the amount of $948,715, plus a 10% contingency, for a total amount of $1,043,586.50, for a Financial Software package, CIP Project #337-3114, 2) amend the contract, as needed, for non-monetary items such as implementation plans and 3) amend the CIP Budget Sheet. (P. Ehler/P. Meyer)

Motion: Approve waiving full reading and adopting Resolution No. 2005-219 authorizing the City Manager to: 1) sign a contract with SunGard Bi-Tech in the amount of $948,715, plus a 10% contingency, for a total amount of $1,043,586.50, for a Financial Software package, CIP Project #337-3114, 2) amend the contract, as needed, for non-monetary items such as implementation plans and 3) amend the CIP Budget Sheet as recommended.
Moved by Taylor, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

8. Adopt a Resolution to include the Veterans Element - Phase One project into the 2005/06 - 2009/10 Capital Improvement Program and authorize the City Manager to sign improvement contracts for final design and construction of Phase One of the Veterans Element in an amount not to exceed $45,500. (C. Bronzan)

Motion: Approve waiving full reading and adopting Resolution No. 2005-220 to include the Veterans Element - Phase One project into the 2005/06 - 2009/10 Capital Improvement Program and authorize the City Manager to sign improvement contracts for final design and construction of Phase One of the Veterans Element in an amount not to exceed $45,500 as recommended.
Moved by Taylor, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

11. Adopt a Resolution authorizing the City Manager to execute a Funding Agreement between the California Office of Traffic Safety and the City of Brentwood in the amount of $138,275 for the Pedestrian and Bicycle Safety Program.

Motion: Approve waiving full reading and adopting Resolution No. 2005-221 authorizing the City Manager to execute a Funding Agreement between the California Office of Traffic Safety and the City of Brentwood in the amount of $138,275 for the Pedestrian and Bicycle Safety Program as recommended.

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

PUBLIC HEARINGS (07:35 PM)

17. Consideration of a Resolution approving the City of Brentwood 2005/06 Development Fee Program to fund public facilities and amending Resolution No. 2004-222 revising the 2004/2005 Cost Allocation Plan and Schedule of City Fees. (B. Grewal/L. Vargas)

City Engineer, Bailey Grewal, presented a staff report, noting that if adopted by Council, the fees would take effect 60-days after adoption.

Vice Mayor, Ana Gutierrez, opened the public hearing.

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

Motion: Approve waiving full reading and adopting Resolution No. 2005-222 approving the City of Brentwood 2005/06 Development Fee Program to fund public facilities and amending Resolution No. 2004-222 revising the 2004/2005 Cost Allocation Plan and Schedule of City Fees as recommended.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

18. Consideration of a Resolution adopting the 2005/06 Cost Allocation Plan which includes development fees, administrative costs and service fees. (P. Ehler/K. Breen)

Accounting Manager, Kerry Breen, presented a staff report recommending the adoption of the 2005/06 Cost Allocation Plan which included development fees, administrative costs and service fees.

Vice Mayor, Ana Gutierrez, opened the public hearing.

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

Motion: Approve waiving full reading and adopting Resolution No. 2005-223 adopting the 2005/06 Cost Allocation Plan which includes development fees, administrative costs and service fees as recommended.
Moved by Taylor, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

19. Consideration of a Resolution authorizing the City of Brentwood to accept monies from the State COPS (Citizens Option for Public Safety) program, in order to fund frontline law enforcement needs, including equipment and programs necessary to meet those needs. (M. Davies/K. Brown)

Police Chief, Michael Davies, presented a staff report noting that the Police Department had been receiving approximately $100,000 in funding from the program each year since 1996. The money was to be spent on law enforcement, front line needs, equipment and programs.

Vice Mayor, Ana Gutierrez, opened the public hearing.

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

Motion: Approve waiving full reading and adopting Resolution No. 2005-224 authorizing the City of Brentwood to accept monies from the State COPS (Citizens Option for Public Safety) program, in order to fund frontline law enforcement needs, including equipment and programs necessary to meet those needs as recommended by staff.
Moved by Taylor, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

20. Consideration of an Ordinance amending the Planned Development (PD) 46 Zone to establish specific development standards and consideration of a resolution to both subdivide approximately 160 acres (TSM 8548 - Barrington) for development of 494 single family homes, an elementary school, a fire station, a storm water detention basin, 3 parks, open space and trail areas and approve a development agreement. The property is generally located south of Sunset Road, West of Sellers Avenue, North of Jennifer Street, and east of Connor Way and Windsor Way in the Northeast portion of the City. (H. Sword/W. Rhodes)

Council Member Brockman left the Council Chamber due to a potential conflict of interest.

Senior Planner, Winston Rhodes presented a staff report noting that an environmental impact report had been prepared for the project and included a mix of housing types, sizes and affordability levels and complied with the general plan. Staff recommended passing the Resolution certifying the Barrington Project environmental impact report and adopt the accompanying mitigation monitoring plan; introduce and waive the first reading of an ordinance approving the amendment to PD 46 zoning district and pass a resolution approving the tentative subdivision map and development agreement.

Vice Mayor, Ana Gutierrez, opened the public hearing.

David Sampson, DeNova Homes, said that he believed that this was a complex process and that there were 65 acres of public amenities in the project. He asked Council if there were any questions.

Motion: Approve closing the public hearing.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 3-0.
Yes: Beckstrand; Gutierrez; Taylor
Abstain: Brockman
Absent: Swisher

Motion: Approve waiving full reading and adopting Resolution 2005-225 certifying the Barrington project Environmental Impact Report and adopting the accompanying Mitigation Monitoring Plan.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 3-0.
Yes: Beckstrand; Gutierrez; Taylor
Abstain: Brockman
Absent: Swisher

Motion: Approve waiving first reading and introducing Ordinance 810 approving the amendment to the PD-46 Zoning District.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 3-0.
Yes: Beckstrand; Gutierrez; Taylor
Abstain: Brockman
Absent: Swisher

Motion: Approve waiving full reading and adopting Resolution 2005-226 approving the Tentative Subdivision Map (TSM 8548) and approving the Development Agreement (DA 04-03).
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 3-0.
Yes: Beckstrand; Gutierrez; Taylor
Abstain: Brockman
Absent: Swisher

Council Member Brockman returned to the Council Chamber.

21. Consideration of an Ordinance approving a Rezone and establishment of development standards for an approximate 112-acre site, and consideration of a Resolution approving a Vesting Tentative Subdivision Map to subdivide the site into 240 single-family residential lots, located between Lone Tree Way and Grant Street, just east of O’Hara Avenue. (H. Sword/E. Nolthenius)

Senior Planner, Erik Nolthenius, presented a staff report, noting that the Planning Commission recommended approval of the rezone and subdivision map. Staff recommended introducing and waiving first reading of an ordinance approving a rezone and adopting a resolution approving the subdivision map as conditioned.

Vice Mayor, Ana Gutierrez, opened the public hearing.

Gordon Gravelle, Suncrest Homes, presented a history of Prewett Ranch and noted that Suncrest had been through the RGMP process. There had been a tentative map approval of 240 lots, with large lot sizes and he asked for Council consideration.

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

Motion: Approve introducing and waiving full reading of Ordinance No. 811 approving a Rezone and establishment of development standards for an approximate 112-acre site, as recommended.
Moved by Taylor, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

Motion: Approve waiving full reading and adopting Resolution No. 2005-227 approving a Vesting Tentative Subdivision Map to subdivide the site into 240 single-family residential lots, located between Lone Tree Way and Grant Street, just east of O'Hara Avenue as recommended.
Moved by Taylor, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

22. Consideration of a Resolution approving an update to the City’s Residential Growth Management Program (RGMP). (H. Sword/E. Nolthenius)

Senior Planner, Erik Nolthenius, presented a staff report noting that staff would be returning with the program annually to be sure that it was meeting its desired intent. He recommended added the Criteria Item No. 10 which exempted subdivisions of less than 15 lots or fewer or where each lot was greater than 15,000 square feet in size. Staff recommended passing a Resolution approving the update to the RGMP.

Vice Mayor, Ana Gutierrez, opened the public hearing.

Bailey Neff said he was in opposition to the RGMP and referred to a letter he had submitted. He said he felt that the advertisement of the negative declaration did not contain the RGMP changes, which would become effective immediately. He requested that the revision of the RGMP be noticed to the public with the items to be changed. He spoke about the application of Minnesota rentals and asked to set up a pre-application meeting with Planning Department staff since he was working on an RGMP project. By passing a Resolution, it would be voided and he would need to reapply and provide all documentation by October 1, 2005. The October 1, 2005 deadline was not reasonable, and he requested that the update be postponed to a future date and that the wording approved by Council October 12, 2004 be retained for applicants submitting applications to the City.

Louis Parsons, Discovery Homes, stated that Discovery had submitted two applications under the current criteria and had been working with the Planning Department. He had been told that some of the criteria was no longer valid and had changed. It was difficult to develop and submit an application because of the change and he asked how to work with the changing material.

Amanda Herbst stated that she was trying to do custom lots and there was no specification for 30 lots. She noted that 15 lots or fewer were required to fall into the subdivide only section and there was not a specific area for her company. She needed to know which program to follow that would be fair and wanted to get lots that were 15,000 sq feet or larger accepted in order to be exempt. She asked what would happen.

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

A period of questions and answers ensued between Council and staff.

Council Member Brockman said that there were still issues such as how to qualify lots and architectural features, and 15,000 foot lots being exempt and the 15-lot issues needed to be worked out.

Council Member Gutierrez asked that wording be added regarding the providing a project where each lot is greater than 15,000 square feet. She said she was in favor of the updated RGMP.

Senior Planner Nolthenius said that based on the program, bringing in the lots of 15,000 square feet or larger in size was to comply with the ordinance passed a couple of years ago and the sites would be considered custom sites and would be exempt with the added lots.

Council Member Taylor requested that staff meet with Mr. Neff and be sure that the time line was right.

Motion: Approve waiving full reading and adopt Resolution No. 2005-228 approving an update to the City’s Residential Growth Management Program (RGMP) with the addition to Criterion 10 regarding projects creating lots in excess of 15,000 square feet, and that all pending and future applications comply with its requirements.
Moved by Taylor, seconded by Brockman.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

INFORMATIONAL REPORTS FROM STAFF - No action required (08:56 PM)

23. PULLED FROM THE AGENDA - Informational Report on Subdivision No. 8808, St. Martin Place, developed by Mark Taylor, located at 1985 Grant Street, east of Fairview Avenue, west of Minnesota Avenue; Final Map Approval. (K. Chew/M. Wimberly)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (08:56 PM)

Council Member Taylor spoke about the truck turnover on the Holiday weekend. He complimented staff and asked to send a letter to CalTrans regarding the curve.

Police Chief Davies complimented Fire, Public Works, Parks and Haz Mat, noting that it had been a multi-disciplinary response.

City Manager, Donna Landeros, reported regarding hurricane Katrina, noting that City employees were doing a drive for donations to the Red Cross. There had been several employees in contact with a number of volunteer efforts. For those who may be interested in coming in this direction, staff from Community Development Department informed that Mercy Housing had made the corporate decision reserve three unfurnished units to offer to families. Efforts were being recorded through County EOC, which was tracking where people were going. She had spoken with Congresswoman Taucher’s staff and document approvals were being expedited. If families know of someone who wanted to come here, it would be on an informal, non-profit network.

Council Member Brockman said that the Rotary had done a drive with two 18-wheelers that left yesterday to the area with food, clothing and other necessities. He asked about a program to place temporary tents up on land to house people.

Council Member Beckstrand informed that Britton’s sister Brooke was a perfect donor match for the bone marrow transplant. Britton got home on Sunday and was enjoying being with family and friends. He would return to hospital on Thursday. The family appreciated the dinners and those transporting the other children where they needed to go. The date for the blood drive was Saturday, October 8, 2005, at 8:00 a.m. - 2:00 p.m. at the church on the corner of Griffith and McClarren. Sign up to be a volunteer and/or donor through the website Blood4Britton@hotmail.com.

Council Member Brockman said there was accident almost every day at the corner of Concord Avenue and Vasco Road.

Council Member Beckstrand said that a signal would be placed at Concord Avenue and Walnut as a part of the development of the Bypass and had been stepped up on the schedule and would be coming forth much sooner than planned.

REQUESTS FOR FUTURE AGENDA ITEMS - None (09:07 PM)

ADJOURNMENT (09:08 PM)
Motion: Approve adjournment
Moved by Taylor, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

Respectfully Submitted,

Cynthia Garcia
Assistant City Clerk

 

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