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Current Council Agenda and Past Meeting Information




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



1. City Council Closed Session pursuant to Government Code 54956.9(a): CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. Name of Case: Misan Construction, Inc. v. City of Brentwood.

2. City Council Closed Session pursuant to Government Code 54956.9(b): CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant exposure to litigation pursuant to subdivision (b) (1) of Section 54956.9: One potential case.

RECONVENE IN OPEN SESSION - 734 Third Street, City Council Chamber (07:00 PM)
Roll Call
Present: Beckstrand; Brockman; Gutierrez; Swisher; Taylor



A. MTC awards the City of Brentwood with the "2005 Bay Area’s Best Roads." (J. Gallegos)

Streets Manager, Jim Gallegos, presented a plaque and said the City had been honored at Metropolitan Transportation Committee meeting March 6, 2006, for having the best Bay Area roads in 2005.

B. City of Brentwood Fleet Maintenance Green Business Award (S. Dempsey)

Fleet Manager, Scott Dempsey, said the City had received the Green Business Program certification and had been recognized on March 16, 2006 by the Bay Area Association of Governments. The City would also be recognized by the Contra Costa County Board of Supervisors at their meeting of April 11, 2006, for excellence in environmental compliance, conservation of natural resources and pollution prevention.

AGENDA REVIEW - None (07:08 PM)



1. Approved minutes of the City Council/Redevelopment Agency meeting held March 14, 2006 and minutes of the special City Council meeting held March 21, 2006. (M. Wimberly)

2. Approved RDA Warrant List dated March 28, 2006. (P. Ehler/L. Schelbert)

3. Adopted Resolution 2006-48 authorizing the City Manager to sign a mutual assistance agreement for the Lone Tree Way corridor between the Brentwood Police Department and the Antioch Police Department. (M. Davies/J. Martinez)

4. Adopted Resolution 2006-49 to Endorse and Support the 2006 California State Library Bond (Proposition 81). (D. Landeros/G. Leech)

5. Adopted Resolution 2006-50 approving and authorizing the City Manager to execute a Funding Agreement between the City of Brentwood and the California Office of Traffic Safety, for the Vasco Road Safety, Speed and DUI Joint Education and Enforcement Project (K. Wahl & K. King/M. Davies)

6. Adopted Resolution 2006-51 approving and authorizing the City Manager or her designee to execute a Vacant Land Purchase Agreement and Joint Escrow Instructions, Grant Deed and such other documents as may be needed for the sale of City owned property to Siamak and Guity Elyasi, at the corner of Oak Street and Garin Parkway. (B. Grewal/M. Sullivan)

7. Adopted Resolution 2006-52 approving the Contract Documents and authorizing the City Manager to execute a Construction Contract for the Walnut Boulevard Widening (Utilities), CIP Project No. 336-3056 to K. J. Woods Construction, Inc. in the amount of $1,984,000, plus a 10% contingency, for a total amount of $2,182,400. (B. Grewal/B. Bornstein)

8. Adopted Resolution 2006-53 approving and authorizing the City Manager to execute a Reimbursement Agreement with Jeffry Family Partnership, Design Review (DR) No. 04-12, an office building, located at the southwest corner of Walnut Boulevard and Continente Avenue, for the portion of costs associated with corner focal point improvements constructed on City property. (B. Grewal/L. Vargas)

9. Approved the re-appointment of Ronald Fugazzi as the City’s representative to the Contra Costa County Library Commission for a two-year term and ending December 31, 2007. (M. Wimberly)

10. Adopted Resolution 2006-54 amending the 2005/06 - 2009/10 Capital Improvement Program (CIP) to include the Sand Creek Road and Shady Willow Lane Traffic Signal Project. (B. Grewal/R. Craig)

11. Rejected claim presented by Mercury Insurance. (M. Wimberly)

12. Adopted Resolution 2006-55 authorizing the purchase and installation of additional law enforcement equipment (lockers) from Systems and Space, Inc. for the new Police Facility, CIP Project No. 337-3142 in the amount not to exceed $39,939.49 (J. Martinez)

13. Adopted Resolution 2006-56 of Initiation designating Francisco & Associates, Inc. as the Engineer of Work for the Consolidated Landscape & Lighting Assessment Districts and the Citywide Park Maintenance District No. 98-1 for the 2006/07 Fiscal Year; and approving and authorizing the City Manager to execute a Professional Services Agreement with Francisco & Associates, Inc. in an amount not to exceed $245,000 for Assessment Engineering Services. (B. Grewal/D. Galey)

14. Waived second reading and adopted Ordinance 821 for a Rezone (RZ 05-12) amending Planned Development 42 (PD-42), Subarea F, to restrict medical office uses to one building only within the Gregory Ranch Office Condominium project (Design Review 05-15). The project is located at the southeast corner of Business Center Drive and Technology Way. (H. Sword/D. Hill)

15. Waived second reading and adopted Ordinance 822 for a Rezone (RZ 05-13) amending Planned Development 42 (PD-42), Subarea "E", to establish development standards and modify uses for the Sand Creek Retail project (Design Review 05-16). The project is located at the southwest corner of Sand Creek Road and business Center Drive. (H. Sword/D. Hill)

16. Adopted Resolution 2006-57 to close the existing Kaplan McLaughlin Diaz (KMD) contract and approve the release of the retention in the amount of $94,936.77 (D. Landeros/G. Leech)

17. Adopted Resolution 2006-58 approving closure of certain streets to facilitate the ninth annual Spring to Life Family Fun Run and Expo on April 29, 2006. (M. Davies/T. Hansen)

18. Adopted Resolution 2006-59 approving a change order to the existing purchase order for City’s continued participation in the Contra Costa County Clean Water Program through Fiscal Year 2006/07 in an amount of $195,000, in accordance with the requirements of the Clean Water Act. (B. Grewal/E. Kim)

19. Adopted Resolution 2006-60 amending the 2005/06-2009/10 Capital Improvement Program by adding the City Archive/Storage Project into the program. (P. Ehler/M. Wimberly)

20. Adopted Resolution 2006-61 as provided by Section 21173 of the Government Code to delegate to the City Manager authority to take actions with regard to disability retirement and industrial disability retirement determinations and applications for submittal to the California Public Employees’ Retirement System (CalPERS). (K. Chew/P. Standley)

21. Adopted Resolution 2006-62 amending the Council/Administrative Policy Manual to repeal Policy No. 70-1 Accident Reporting and Policy No. 70-2 Injury and Illness Prevention and to adopt a new Policy No. 70-1, Injury and Illness Prevention. (K. Chew/P. Standley)

22. Adopted Resolution 2006-63 approving and authorizing submittal of an application to the State of California, Department of Housing and Community Development Workforce Housing Reward Program and authorizing the City Manager to execute and submit all documents which may be necessary. (P. Ehler/H. Sword/K. Wahl)


Motion: Approve Consent Calendar Items 1 - 22 as recommended.
The City Clerk read Ordinances 821 and 822.
Moved by Brockman, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor


23. Consideration of Alternatives regarding Sound Mitigation measures for the Summerset IV Community adjacent to Highway 4 Bypass. (B. Grewal)

City Engineer, Bailey Grewal, presented a staff report regarding sound mitigation alternatives for the Summerset IV community, adjacent to the Highway 4 Bypass. On March 9, 2006, the Bypass Authority approved the alternatives of rubberized asphalt and an eight-foot high sound wall, with a condition that the City of Brentwood participate in the landscaping of the segment.

Mayor Swisher opened public comments.

The following Summerset IV residents expressed concerns about property values and requested the proposed soundwall be 14-feet in height and at least, 1,800 feet in length:

Mark Underwood
Jim Slawson
Rose Strother
Pat Burnett
Linda Cseak
Ken Harris
Shirley Krouse
Dick Stas
Nannett Haeberle
Phyllis Sherman
Felice Underwood
Jeff Morris
Tom Meyer

Steve Bienke, Blackhawk Nunn, and Roger Miller, Pulte, said they were present at the request of Council Member Brockman. The developers had met and considered what had been happening and said they agreed with staff and the Bypass Authority that things had been done properly. The developers were present to participate in and consider participating in increasing the height of the wall, subject to Bypass Authority approval and suggested a two-week continuance of the issue since the scope of work needed to be settled upon before the developers could see how to participate.

Council Member Brockman said the Bypass had already approved 1,500 feet and Council was present to vote on whether or not they were going to spend $200,000 for landscaping, which was a requirement of the Bypass Authority. The Bypass Authority had agreed to build an 8 foot high, 1,500 foot long wall.

Mayor Swisher said Council was voting on accepting the $200,000 for landscaping.

Council Member Beckstrand clarified that the City did not need to pay for landscaping. The Bypass Authority was working individually with each of the cities affected by the Bypass to provide all of the landscaping and maintenance for the entire length of the Bypass. The money for landscaping was not something the City was not obligated to do and was above and beyond.

Council Member Taylor said he supported the 14-foot soundwall since it was a quality of life and visual impact issue. He asked about a change order for the sound wall if it went out to bid and how the $200,000 would be handled for landscaping.

Director of Finance and Information Services, Pam Ehler, said Council could designate what ever they wanted out of the general fund and it would come out of the undesignated reserves. She added that the City did not collect fees from the developers for the sound walls.

City Engineer, Bailey Grewal, said sound walls for Summersets I and II were paid by the Bypass Authority and not the City.

Council Member Taylor said the wall should be consistent since all four Summersets were connected and a complete community.

Council Member Gutierrez said she understood that the citizens were speaking about creating the 14-foot sound wall. It made sense to do the right thing for all of the residents of the City and look at it with a community view.

City Engineer, Bailey Grewal, explained the minimum distance from the nearest residential property was 581 feet. The environmental impact report from the Bypass Authority said the off-set would meet the criteria used for mitigation. The new analysis done by the sound consultant for the Bypass Authority came out with 63 decibels behind the homes for a four-lane highway and traffic in the year 2025.

Council Member Gutierrez asked the City Engineer questions regarding various heights of the Summerset walls and decibel levels. She noted that there was not uniform height among soundwalls throughout the City and development standards varied. The noise levels fell under the required noise levels and different walls and distance requirements mitigate properly. She did not agree that residents needed a 14-foot wall to mitigate the noise and she felt it would be irresponsible to approve the request and place funds to specifically construct the wall. She would be in favor of looking into funding options for the wall but not City-funded options, which would have an effect on the entire community. She was in favor of exploring different solutions as long as the City did not commit to paying more than the $200,000 for landscaping that the City was not obligated to spend. It was a Bypass Authority responsibility.

Council Member Brockman said the $200,000 was negotiated. The 8-foot wall mitigated noise and Council was here to decide whether to fund the $200,000 for landscaping. The information provided showed the mitigation measures had been met and exceeded and the right thing was to represent all constituents.

Council Member Taylor agreed with Council Members Brockman and Gutierrez and was not willing to spend $200,000 if no other money was being spent.

Council Member Beckstrand explained the Bypass Authority was not required to landscape the Bypass through Oakley, Antioch and Brentwood. The City Engineer had worked with the Bypass Authority and other city engineers to help the Bypass Authority understand that it was something they must do for the cities. The City Engineer was supporting Oakley and Antioch who already had Bypass construction taking place to help ensure that the Bypass Authority follows through and adopts the responsibility. The City hoped Antioch and Oakley would support Brentwood. The sound wall, according to Caltrans, was not required and they did not want to maintain it because according to their sound wall consultants, was not warranted. She felt the City should participate in solving and resolving the issue. The City was stepping forward guaranteeing the landscaping and at the April 13, 2006, meeting, she hoped the Bypass Authority would accept the final determination and maintenance of landscaping. The Bypass Authority would need to be willing to run it past Caltrans to be sure Caltrans would not pull out of their agreement to adopt the Bypass as a State highway.

Motion: Approve $200,000 for the landscaping with support of the 8-foot soundwall and support for pursuing any type of alternatives that could be worked out among Blackhawk Nunn and Pulte in relation to sound mitigation measures for the Summerset IV Community adjacent to Highway 4 Bypass.
Moved by Gutierrez, seconded by Brockman.
Vote: Motion carried 4-1.
Yes: Beckstrand; Brockman; Gutierrez; Swisher
No: Taylor



Council Member Brockman requested staff investigate the placing of an American flag on the water tower.

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
Assistant City Clerk

City Administration
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Brentwood, CA 94513
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