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Current Council Agenda and Past Meeting Information

 

September 12, 2006
CITY OF BRENTWOOD
CITY COUNCIL/REDEVELOPMENT AGENCY AGENDA
City Council Chamber, 734 Third Street, Brentwood, CA 94513

A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov

CLOSED SESSION
6:00 P.M.

CALL TO ORDER
Roll Call

CITIZEN COMMENTS
At this time the public is permitted to address the Council/Redevelopment Agency on items that are not on the agenda. Persons addressing the City Council/Redevelopment Agency are required to limit their remarks to five (5) minutes unless an extension of time is granted by the Mayor subject to approval of the Council/Agency. Please file your name with the Mayor on the form provided at the podium. Speakers desiring answers to questions should direct it to the Council/Agency and, if relevant, the Council/Agency may direct it to the appropriate staff member.

1. City Council Closed Session pursuant to Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION. Case name: One potential case.

2. City Council Closed Session pursuant to Government Code Section 54956.8 CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Property: 539 Coconut Street. Negotiating Parties: Drina M. Henry/Countrywide Home Loans/Recon Trust Company. City Negotiators: Howard Sword/Ellen Bonneville/Kwame Reed. Under Negotiation: Price and terms of payment.

3. Redevelopment Agency Closed Session pursuant to Government Code Section 54956.8 CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Property: 3740 Walnut Boulevard, APN 012-170-006. Approximate size: 2.1560 acres. Negotiating Party: Henry Dill (representative for the Garin Family. City Negotiators: Gina Rozenski/Howard Sword. Under Negotiation: Price and terms of payment.

4. City Council Closed Session pursuant to Government Code 54957.6: CONFERENCE WITH LABOR NEGOTIATOR. City’s Negotiator: Brian Swisher. Unrepresented Employee: City Attorney.

ADJOURN TO CLOSED SESSION – 150 City Park Way, City Hall Conference Room

JOINT CITY COUNCIL/REDEVELOPMENT AGENCY MEETING
7:00 P.M.

RECONVENE IN OPEN SESSION – 734 Third Street, City Council Chamber

Pledge of Allegiance Beginning Resolution No. 2006-200
Roll Call Beginning Ordinance No. 836
Beginning RDA Resolution No. 115

REPORT ON CLOSED SESSION (If any)

PRESENTATIONS
A. CityRead Proclamation. (Diane Lee)
B. Brentwood Youth Commission presents Year in Review for 05-06. (J. Dwyer )
C. Finance Department – Presentation of Budget Awards (Pam Ehler)
D. New Employee Introductions. (K. Chew)

AGENDA REVIEW

CITIZEN COMMENTS
At this time the public is permitted to address the City Council/Redevelopment Agency on items that are on the Consent Calendar or not on the agenda. Persons addressing the City Council/Redevelopment Agency are required to limit their remarks to five (5) minutes unless an extension of time is granted by the Mayor subject to approval of the City Council/Redevelopment Agency. Please file your name with the Mayor on the form provided at the podium. Speakers desiring answers to questions should direct it to the City Council/Redevelopment Agency and, if relevant, the City Council/Redevelopment Agency may direct it to the appropriate staff member.

CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by one motion. If discussion is required, that particular item will be removed from the consent calendar and will be considered separately.

1. Approve minutes of the City Council/Redevelopment Agency meeting held August 22, 2006 and the special meeting held August 17, 2006.

2. Reject the claim of Frederick Akhile that was presented on August 3, 2006, as recommended by the City’s third-party adjuster, Municipal Pooling authority of Northern California. (K. Chew/M. Holden)

3. Acceptance of Arts Commissioner’s Resignation. (C. Bronzan/R. Burr-Siegel)

4. Approve request of Park and Recreation Commissioner to attend the California Association of Park and Recreation Commissioners and Board Members (CAPRCMB) fall board of directors meetings and workshop. (C. Bronzan/P. Scherff)

5. Set the appeal date of September 26, 2006, to hear the appeal of a Planning Commission decision approving Conditional Use Permit No. 06-18 for the Verizon Wireless project, located on the 75-foot wide PG&E tower line easement, just southwest of the realigned Concord Avenue and east of Fairview Avenue. (H. Sword/T. Nielsen)

6. Set the appeal date of September 26, 2006, to hear the appeal of a Planning Commission decision approving Conditional Use Permit No. 06-20 for the Verizon Wireless project, located on the 75-foot wide PG&E tower line easement, just east of the State Route 4 Bypass and south of San Jose Avenue. (H. Sword/T. Nielsen)

7. Set the date of September 26, 2006, at 6:00 PM as a workshop with the City Council regarding the City’s Agricultural Enterprise Program with a presentation from Economic and Planning Systems Inc. (EPS) (H. Sword/L. Maurer)

8. Accept the 2005/06 Annual Report of Fee Waivers and Donations (P. Ehler/D. Davies)

9. Adopt a Resolution authorizing acceptance of a grant from United States Tennis Association (USTA) for FY 2006/2007 for resurfacing of the Creekside tennis court. (C. Bronzan/P. Scherff)

10. Adopt a Resolution of the City Council of the City of Brentwood Accepting Landscaping Improvements for American Avenue Along the Heritage High School Roadway Frontage. (Ken De Silva/F. Errico)

11. Adopt a Resolution approving and authorizing the City Manager to sign an Affordable Housing Agreement between the City of Brentwood and Barrington Estates, LLC (Standard Pacific) for Subdivision 8548. (H. Sword/E. Bonneville)

12. Adopt a Resolution approving and authorizing the City Manager to execute a Professional Services Agreement with RGM and Associates for construction management services for the 118 Oak Street Remodel, CIP Project No. 337-3713 in the amount of $70,000, plus a 10% contingency, for a total amount of $77,000. (H. Sword/R. Kidwell)

13. Adopt a Resolution accepting Improvements for Cherry Hills, Deer Ridge Country Club Village A, KB Homes Subdivision No. 8253, located south of Balfour Road and east of Mt. View Drive. (B. Grewal/D. Galey)

14. Adopt a Resolution accepting Improvements for Brentwood Sand Creek Partners, LLC (Lennar Communities), Subdivision No. 8789 (Phase II of VTSM No. 8788), located north of Sand Creek Road, south of Grant Street and west of O’Hara Avenue. (B. Grewal/D. Galey)

15. Adopt a Resolution accepting Improvements for Brentwood Sand Creek Partners, LLC (Lennar Communities), Subdivision No. 8832 (Phase III of VTSM No. 8788), located north of Sand Creek Road, south of Grant Street and west of O’Hara Avenue. (B. Grewal/D. Galey)

16. Adopt a Resolution approving and authorizing the City Manager to execute a Reimbursement Agreement with Brentwood Sand Creek Partners, LLC, Subdivision No. 8788, for costs associated with the northern phase of the Lone Oak Road, and Gracie Lane Sewer and Water Improvements. (B. Grewal/B. Bornstein)

17. Adopt a Resolution approving and authorizing the City Manager or designee to execute a Reimbursement Agreement with the Brentwood Union School District for Adams Lane Improvements. (B. Grewal/B. Bornstein)

18. Adopt a Resolution approving an amendment to Conditions of Approval No.’s 30, 32, 35, and 47, and removal of Condition No. 44 for Vesting Tentative Subdivision Map No. 8954, located between Lone Tree Way and Grant Street, east of O’Hara Avenue, on both sides of the Adams Lane extension. (B. Grewal/B. Bornstein)

19. Adopt a Resolution approving and authorizing the City Manager to execute a Design Reimbursement Agreement with Chevron Pipeline Company in an amount of $75,900, plus a 10% contingency, for a total amount of $83,490, for the relocation of their existing 8” petroleum pipeline to facilitate the Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-3134. (B. Grewal/B. Bornstein)

20. Adopt a Resolution approving and authorizing the City Manager to execute a Program Supplement Agreement No. 002-M2 to the Administering Agency-State Agreement No. 04-5300 for reimbursement of construction costs for the Walnut Boulevard Widening Project, CIP 336-30560 (B. Grewal/K. Wahl)

21. Adopt a Resolution submitting the General Obligation Bond Tax Rate to Contra Costa County for the 2006/07 tax roll. (P. Ehler/D. Davies)

22. Adopt a Resolution Designating Specified Individuals as Local Agency Officials for the Purposes of AB 1234. (D. Landeros/D. Brower/M. Wimberly)

23. Adopt a Resolution approving and authorizing the City Manager’s signature on the FY 2006/2007 California Department of Transportation Disadvantaged Business Enterprise Race-Neutral Implementation Agreement (Agreement) and Exhibit 9-B, Local Agency DBE Annual Submittal Form, establishing the Annual Anticipated DBE Participation Level (AADPL) at 8% (B. Grewal/K. Wahl)

24. Adopt a Resolution approving Temporary Use Permit 06-12 to allow for the use of City-owned property for the staging of the annual Art and Wine Festival, located in City Park and affecting the closure of surrounding streets within the downtown from Friday, September 29, 2006 to Sunday, October 1, 2006. (H. Sword/J. Strandberg)

25. Adopt a Resolution approving Temporary Use Permit 06-10 to allow for the use of City-owned property for the staging of the annual Hometown Halloween sponsored by the Chamber of Commerce for one day, Saturday, October 28, 2006 between the hours of 4:00 pm and 8:30 pm. (H. Sword/J. Strandberg)

26. Adopt a Resolution approving and authorizing the City Manager to sign a Notice of Release Agreement with Harvest Park Bowl Limited Partnership, dba, Harvest Park Bowl Center to terminate a Deferred Facility Fee Agreement for the property located at 5000 Balfour Road, Brentwood, CA. (P. Ehler/B. Kelleher)

27. Adopt a Resolution approving and authorizing the City Manager to sign a Notice of Release Agreement with Ganesh Enterprises, Inc., dba, Holiday Inn Express, to terminate a Deferred Facility Fee Agreement for the property located at 8820 Brentwood Blvd., Brentwood, CA. (P. Ehler/B. Kelleher)

28. Adopt a Resolution approving and authorizing the City manager to sign a Notice of Release Agreement with Valdry Court, LLC to terminate a Deferred Facility Fee Agreement for the property located at 550 Valdry Court, Buildings A,B,C, and D, Brentwood, CA. (P. Ehler/B. Kelleher)

29. Adopt a Resolution approving and authorizing the City Manager to execute an amendatory agreement with the Contra Costa Water District pertaining to long term treated water services as a part of the Surface Water Treatment Facility - Phase II, CIP Project No. 562-56290 and amend the CIP and Water Enterprise Budgets. (B. Grewal/P. Eldredge)

30. Adopt a Resolution approving and authorizing the City Manager to execute a Professional Services Agreement with Bartle Wells Associates, for a Water and Wastewater Rate and User Fee Study, in an amount of $50,330, plus a 10% contingency, for a total amount of $55,363. (B. Grewal/P. Eldredge)

31. Adopt Resolutions approving the Contract Documents, awarding the Construction Contracts and authorizing the City Manager to execute said Contracts for the 118 Oak Street Remodel, CIP Project No. 337-37130 for (1) Bid Package #3 – Metal Stud and Gypsum to Denham Contracting, Inc. in the amount of $57,909, for (2) Bid Package #5 – Plumbing to Martinez Sheet Metal, Inc., in the amount of $46,232, and for (3) Bid Package #11 – Casework to Sierra Cabinet & Millwork, Inc. in the amount of $56,564, plus 10% contingencies. (H. Sword/R. Kidwell)

32. Second Reading and adoption of Ordinance No. 835 for a Rezone (RZ 06-07) amending the development standards for Subarea A of Planned Development 24 to allow for a second story within the maximum 30-foot height limit established for this subarea in association with a design review approval for a 30,000 square foot building identified as Building ‘B’ (Phase III) of the Club One health club facility. The project is located on the vacant building pad south of the existing Club One facility at 160 Guthrie Lane. (H. Sword/D. Hill)

Redevelopment Agency Consent Calendar Item(s)

33. Adopt a Resolution authorizing the Agency Treasurer to appropriate funds from the Redevelopment Agency of the City of Brentwood Tax Allocation Bonds, Series 2001, to fund a Reimbursement Agreement with Brentwood Sand Creek Partners, LLC, Subdivision No. 8788, for the northern phase of Lone Oak Road Utility Improvements in the amount of $1,643,000. (H. Sword/G. Rozenski)

PUBLIC HEARINGS
Persons addressing the Council/Redevelopment Agency are asked to file their name with the Mayor on the form provided at the podium. The Council may adopt reasonable regulations at the onset of the public hearing to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the public hearing shall follow the protocol for Citizen Comments.

34. Adopt a negative declaration for this project pursuant to the California Environmental Quality Act (CEQA). Introduce and waive the first reading of an ordinance for a Prezoning (RZ 05-21) to PD (Planned Development) – 71, and approval of a resolution initiating the annexation (A 05-01) to the City of Brentwood, of approximately 19.73 acres (APN 018-230-034) located east of the terminus of Lone Tree Way and west of Marsh Creek for the Hanson Ranch property. (H. Sword/H. Kline)

35. Introduction and waiver of the first reading of an ordinance for a Rezone (RZ 05-20) to amend PD-35 to create Subarea “I” and add specific development standards in conjunction with the Parkside Villas (Alexander Homes/Baca Properties) Tentative Subdivision Map (TSM 8982) to subdivide approximately 11 acres into 37 single-family residential lots and to modify the Density Transition Policy allowing for residential lots less than 20,000 sq. ft. across from or abutting existing residential property one-acre or larger, located south of Apricot Way and west of Fairview Avenue. (H. Sword/J. Zilm)

36. Approve a Resolution authorizing the City of Brentwood to accept monies from the State COPS program, and to expend the funds for law enforcement purposes. (M. Davies/K. Brown)

NEW BUSINESS

37. Waive first reading and introduce an Ordinance adding Chapter 9.50 to the Brentwood Municipal Code prohibiting medical marijuana dispensaries pending the completion of Studies related to the impacts with such dispensaries. (M. Davies/H. Sword/H. Kline/B. Strock)

INFORMATIONAL REPORTS FROM STAFF – No action required

38. Informational Report on Subdivision No. 8548, Barrington Phase I - Hawthorne, developed by Standard Pacific, located east of Brentwood Boulevard and south of Sunset Road; Final Map Approval. (M. Wimberly)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

REQUESTS FOR FUTURE AGENDA ITEMS

ADJOURNMENT

NOTICE
In compliance with the Americans with Disabilities Act, the meeting room is wheelchair accessible and disabled parking is available at the City Hall Parking lot. If you are a person with a disability and you need disability-related modifications or accommodations to participate in this meeting, please contact the City Clerk’s Office at (925) 516-5440 or fax (925) 516-5441. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. {28 CFR 35.102-35, 104 ADA Title II}

POSTING STATEMENT
On September 7, 2006, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov
 

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