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Current Council Agenda and Past Meeting Information

 December 11, 2007
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
5:30 P.M.

CALL TO ORDER CITY COUNCIL
Roll Call

PUBLIC COMMENTS
At this time the public is permitted to address the City Council on items that are on the Closed Session Agenda, or items not on the agenda. Persons addressing the City Council 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. 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 and, if relevant, the Council may direct it to the appropriate staff member.

City Council Closed Session pursuant to Government Code Section 54956.9(a): CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION. Name of case: Vaughn, et al. v. City of Antioch, et al.

City Council Closed Session pursuant to Government Code Section 54956.9(c): CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION. Case Name: One Potential Case.

City Council Closed Session pursuant to Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION. Case Name: One Potential Case.

ADJOURN TO CLOSED SESSION – Community Development Conference Room - 118 Oak Street, Brentwood CA 94513

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

RECONVENE CITY COUNCIL IN OPEN SESSION/CALL TO ORDER REDEVELOPMENT AGENCY – 734 Third Street, City Council Chamber

Pledge of Allegiance
Invocation: Elder Arthur Mijares, Mountain View Christian Center
Roll Call

REPORT ON CLOSED SESSION (If any)

PRESENTATIONS

A. Presentation of ICMA award to City Manager, Donna Landeros (Mayor Taylor)
B. COPS West Award (M. Evenson)
C. Proclamation honoring returning Veteran Demetrius Kamalakis (Mayor Taylor)
D. Recognition of a proclamation presented to the City of Brentwood by the Board of Supervisors recognizing the City as one of the 100 best communities for young people. (Mayor Taylor)


PUBLIC COMMENTS
At this time the public is permitted to address the City Council/Redevelopment Agency on items that are on the Consent Calendar, Requests for Future Agenda Items, or items 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 of November 13, 2007. (M. Wimberly)

2. Accept the resignation of Perry Chichaine and accept the vacancy created by Perry Chicaine from the Brentwood Advisory Neighborhood Committee (BANC) (C. Bronzan/B. Gary)

3. Authorize the Mayor to send a letter to Senator Feinstein regarding the East Bay Regional Communications System. (M. Evenson/B. Strock)

4. Adopt a Resolution approving and authorizing the City Manager or designee to execute purchase orders, agreements and other necessary documents required to perform work with vendors as backup to vendors with low bid. (B. Grewal/C. Ehlers/J. Gallegos)

5. Adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. One to Amend the Agreement for Professional Services with Bellecci & Associates for the John Muir Parkway Extension – Phase I, CIP Project No. 336-31640, in the amount of $36,394, plus a 10% contingency of $3,639.40, for a total increased amount of $40,033.40. (B. Grewal/A. Salam)

6. Adopt a Resolution accepting all public improvements for maintenance excluding King Park; accepting the Subdivision Maintenance Bond; and releasing the Subdivision Improvement Securities for Subdivision No. 8529, Crossroads II, located north of Sand Creek Road and west of Minnesota Avenue, developed by Ponderosa Homes. (B. Grewal/D. Galey)

7. Adopt Resolutions accepting the public improvements for maintenance; accepting the Maintenance Bond; and releasing the Improvement Securities for Subdivision Nos. 8556 and 8557, constructed by D. R. Horton, located along Apricot Way, east of Empire Avenue and west of Fairview Avenue. (B. Grewal/D. Galey)

8. Adopt a Resolution accepting the public improvements for maintenance; accepting the Maintenance Bond; and releasing the Improvement Securities for off-site Shady Willow Lane and Empire Avenue work, excluding landscaping, constructed by Discovery Builders as part of Subdivision No. 8601, located south of Grant Street and north of Empire Avenue. (B. Grewal/D. Galey)

9. Adopt a Resolution accepting the public improvements for maintenance; accepting the Maintenance Bond; and releasing the Improvement Securities for the off-site O’Hara Avenue improvements and all in-tract and off-site landscaping including Seedling Park, constructed by Meritage Homes as part of Subdivision No. 8875, located south of Lone Tree Way and north of Grant Street. (B. Grewal/D. Galey)

10. Adopt a Resolution accepting all off-site public improvements for maintenance and releasing the Improvement Securities for Design Review No. 04-02, developed by Brockman Engineering, located in the Sunset Industrial Complex. (B. Grewal/D. Galey)

11. Adopt a Resolution accepting all off-site public improvements; accepting the Maintenance Bond; and releasing the Improvement Securities for Design Review No. 04-04, developed by JFM Development, LLC, located at 550 Harvest Park Drive. (B. Grewal/D. Galey)

12. Adopt a Resolution accepting the public improvements for maintenance; accepting the Maintenance Bond; and releasing the Improvement Securities for Minor Subdivision No. 354-00, constructed by Balfour Properties, LLC, located north of Balfour Road and east of John Muir Parkway. (B. Grewal/D. Galey)

13. Adopt a Resolution accepting Randy Way sewer line improvements. (B. Grewal/D. Galey)

14. Adopt a Resolution accepting all off-site public improvements; accepting the Maintenance Bond; and releasing the Improvement Securities for Conditional Use Permit 00-10, developed by B.P. West Coast Products/ARCO, located at Lone Tree Way and Empire Avenue. (B. Grewal/D. Galey)

15. Adopt a Resolution accepting the Storm Drain Line A, Drainage Area 52C public improvements for maintenance; accepting the Maintenance Bond; and releasing the Improvement Securities for these improvements, south of Sunset Road and north of Sycamore Avenue, constructed as a part of Standard Pacific Homes Subdivision No. 8548. (B. Grewal/D. Galey)

16. Adopt a Resolution approving and authorizing the City Manager or designee to execute a Quitclaim Deed to Trilogy Vineyards, LLC for Parcel “Y” and Parcel “FF” of Final Map No. 8796, located easterly and westerly respectively of the State Route 4 Bypass Segment 3. (B. Grewal/D. Boskovic)

17. Adopt a Resolution approving and authorizing the City Manager or designee to execute a Deferred Improvement Agreement between Leon W. Harman, Trustee of the Leon W. Harman Family Trust and the City of Brentwood for Conditional Use Permit No. 88-10, located at 7810 Brentwood Boulevard. (B. Grewal/H. Silfies)

18. Adopt a Resolution approving as to form a Grant of Easement template with Contra Costa Water District (“CCWD”) for easements over and within the Los Vaqueros Pipeline property and authorizing the City Manager or designee to enter into and execute Grants of Easement on a project-by-project basis for each easement accept such property interests on behalf of the City. (B. Grewal/P. Eldredge)

19. Adopt a Resolution amending City Council’s approval of a 10% contingency with Top Grade Construction, Inc. for Phase II (Street) of Walnut Boulevard Widening, CIP Project No. 336-30560, to an 18% contingency for an additional amount of $143,483.52, using contingency savings from Phase I (Utilities). (B. Grewal/A. Salam)

20. Adopt a Resolution repealing Resolution 2006-213 and designating specified individuals as Local Agency Officials for the Purposes of AB 1234. (K. Chew/M. Wimberly)

21. Adopt a Resolution adopting the Contra Costa County Measure L Voter-Approved Urban Limit Line as the City of Brentwood’s Urban Limit Line for the purposes of compliance with Measure J. (H. Sword/C. McCann)

22. Adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. Three to the Agreement for Inspection Services with PB Americas, Inc., (formerly Parsons Brinckerhoff Construction Services, Inc.) to increase the contract amount by $45,000, plus a 10% contingency of $4,500, for a total increase of $49,500, for construction inspection and other related services. (B. Grewal/A. Salam)

23. Adopt a Resolution for a facility fee waiver request from Delta Community Services, Inc. for $2,444.31 for fiscal year 2007/08 to provide DCSI staff meetings, Hi-Cap Insurance Counseling and fundraisers. (C. Bronzan/P. Scherff)

24. Adopt a Resolution for a fee waiver request from Contra Costa County for $4,046.97 fiscal year 2007/08 for the use of City Facilities for the operation of the Contra Costa Immunization Program, Brentwood Public Library, California Offenders Program Services and Central Coast Ranch Athletic League. (C. Bronzan/P. Scherff)

25. Adopt a Resolution and approve a Concession Agreement with Ribeye’s Market for Concession Services and authorize the City Manager or designee to enter into an agreement for services for operation of concessions at Sunset Park Athletic Complex. (C. Bronzan/P. Scherff)

26. Adopt a Resolution approving revised Personnel Rules and Regulations, adopt a Resolution repealing and approving revised Council/Administrative Policies, related to Outside Employment, Catastrophic Leave, New Classifications, and City Hall Parking, and revised Employee Handbook. (K. Chew/P. Standley)

27. A. Waive second reading and adopt Ordinance No. 851 amending Brentwood Municipal Code Chapter 1.08 related to, among other things, criminal citation fine amounts and the designation of certain employees to issue administrative and criminal citations for specified violations of the Brentwood Municipal Code; and to repeal Chapter 2.40 related to Field Service Officers. (H. Sword/L. Kidwell)

B. Waive second reading and adopt Ordinance No. 852 amending Title 8 of the Brentwood Municipal Code to add a new Chapter 8.36 (Property Maintenance). (H. Sword/L. Kidwell)

Redevelopment Agency Consent Calendar Items:

28. Redevelopment - Acceptance of Redevelopment Agency’s Blight Progress Report, Property Report and Housing Activities Report for Fiscal Year Ending 2007 (H.Sword/G. Rozenski)

29. Approve RDA Warrant List dated December 11, 2007. (P. Ehler/L. Schelbert)

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 Public Comments.

30. Consideration of an Ordinance amending Chapter 9.36 of the Brentwood Municipal Code to allow consumption of alcoholic beverages in the public right-of-way and deleting Chapter 17.900 in its entirety and replacing it with a new Chapter 17.900 to establish development and operational standards for the review and approval of outdoor dining uses and merchandise displays in the public right-of-way and a resolution amending the City’s 2007-2008 Cost Allocation Plan and Master Fee Schedule establishing an Outdoor Dining Use and Merchandise Display Fee. (H. Sword/J. Zilm)

31. Consideration of a Resolution adopting the Final Initial Study/Mitigated Negative Declaration and Mitigated Monitoring Reporting Plan for the Harvest Park Basin, CIP Project No. 391-39030. (B. Grewal/F. Lideros)

32. Consideration of a Resolution approving the City of Brentwood Aquatics Fee Study conducted by Management Partners, Inc with staff recommendations and amending the City of Brentwood 2007/08 Cost Allocation Plan and Schedule of City Fees for the Parks and Recreation Aquatic Fees. (C. Bronzan/P. Scherff)

33. Consideration of an Ordinance for a Rezone (RZ 07-06) to modify the Planned Development (PD-18) zoning designation for Subarea B to allow restaurant uses in up to 50% of the square footage of the center and tutoring for up to 20 students at one time as permitted uses along with other minor modifications to the text for the Shops at Country Club development located at the northwest corner of Balfour Road and West Country Club Drive, APN 019-120-037. (H. Sword/D. Hill)

OLD BUSINESS

34. Adopt a Resolution accepting all public improvements for maintenance; accepting the Subdivision Maintenance Bond; and releasing the Subdivision Improvement Securities for Subdivision No. 8470, Amber Park Phase I, located south of Lone Tree Way and east of Empire Avenue, developed by Mission Peak Homes. (B. Grewal/D. Galey)

NEW BUSINESS

35. Consideration of a Resolution of Necessity to acquire property for the Sand Creek Road Improvements – Phase I Project, formerly known as Sand Creek Road Extension, from Franklin Four LLC, Thomas Franklin LLC and SSB LLC. (B. Grewal/M. Sullivan)

36. Receive the Independent Auditors Report and Comprehensive Annual Financial Report for Fiscal Year 2006/2007. (P. Ehler/K. Breen)

37. Receive the Redevelopment Agency Financial Statements for Fiscal Year 2006/2007. (P. Ehler/K. Breen)

38. Waive first reading and introduce an Ordinance to amend Chapter 9.50 of the Brentwood Municipal Code to Permanently Prohibit Medical Marijuana Dispensaries. (H. Sword/H. Kline)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, SUBCOMMITTEES AND LIAISONS: This portion of the agenda is to provide an opportunity for Council Members to report on attendance at events, subcommittee meetings, and entities on which the Council Member has been appointed as a liaison.

REQUEST FOR FUTURE AGENDA ITEMS:

I COUNCIL MEMBER REQUESTED ITEM(S) Council may have a brief discussion of the requested item and upon concurrence by the majority of the membership of the City Council present that staff time and City resources be spent on an item, it shall be scheduled for a future meeting. The Council will take no other action on the listed items. Council concurrence that staff time or City resources be spent on an item does not signify approval of a particular item, just that the Council wishes to have it studied further and the Council may, at a future time, decide not to pursue the item further.

II NEW REQUESTS (Council Members wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for the next Council meeting).

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 December 6, 2007, 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