CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, MARCH 28, 2006
COUNCIL CHAMBER, 7:00 P.M.
CALL TO ORDER - 734 THIRD STREET, BRENTWOOD, CA 94513 (6:00 PM)
Present: Beckstrand; Brockman; Gutierrez; Swisher; Taylor
CITIZEN COMMENTS - None (6:01 PM)
ADJOURN TO CLOSED SESSION – CITY HALL CONFERENCE ROOM, 150 City Park Way,
BRENTWOOD, CA 94513 (6:01 PM)
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
RECONVENE IN OPEN SESSION - 734 Third Street, City Council Chamber (07:00
Present: Beckstrand; Brockman; Gutierrez; Swisher; Taylor
REPORT ON CLOSED SESSION - None (07:01 PM)
PRESENTATIONS (07:01 PM)
A. MTC awards the City of Brentwood with the "2005 Bay Area’s Best Roads."
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)
CITIZEN COMMENTS - None (07:08 PM)
CONSENT CALENDAR (07:09 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)
CONSENT CALENDAR ACTIONS (7:09 PM)
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
OLD BUSINESS (07:10 PM)
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
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:
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
Mayor Swisher said Council was voting on accepting the $200,000 for
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
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
INFORMATIONAL REPORTS FROM COUNCIL MEMBERS - None (08:43 PM)
REQUESTS FOR FUTURE AGENDA ITEMS (08:43 PM)
Council Member Brockman requested staff investigate the placing of an
American flag on the water tower.
ADJOURNMENT (08:44 PM)
Motion: Approve adjournment.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor
Cynthia Garcia, CMC
Assistant City Clerk