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BRENTWOOD CITY COUNCIL
MINUTES of February 8, 2000
A meeting of the City Council of the City of Brentwood was called to order at the hour of 7:30 p.m. in the City Council Chambers, 734 Third Street, Brentwood, California, with Mayor Kidd presiding.

ROLL CALL:

PRESENT:            Mayor Kidd and Councilmembers Gomes, McPoland, Petrovich and Young. 

ABSENT:            None.

OTHERS PRESENT:  City Manager Elam, City Clerk Diaz, Community Development Director Oshinsky, City Engineer Stevenson and City Attorney Anderson.

PRESENTATION:

Proclamation proclaiming February 2000 “Black History Month”.

Mayor Kidd proclaimed the month of February, 2000 “Black History Month”.

AGENDA REVIEW:

Item No. 17:            Supplement Report from John Stevenson, City Engineer.

City Engineer Stevenson clarified that if Item No. 17 is to be approved, the Council would authorize to pre-purchase the equipment for the signal.

Item No. 31:            Delete Page 3 of the staff report.

Councilmember McPoland requested that Item No. 28 and 29 be pulled and discussed at this point in time.

28.            Approval of a resolution establishing an interest-free loan program for existing commercial, office and industrial businesses doing business in Brentwood for additional water meters and sewer pretreatment devices.

29.            Amend Ordinance No. 613 to allow for and establish an appeal procedure for the City’s monthly user charges for sanitary sewer service based upon the strength of wastewater as tested by a pre-approved qualified testing laboratory.

Councilmember McPoland expressed concern to water and sewer rates, in terms of how the local restaurants were being charged.

M/S/C/U McPoland/Petrovich referring Item Nos. 28 and 29 to the Water and Sewer Sub-Committee

CITIZEN COMMENTS:           None.

Councilmember McPoland pulled Item Nos. 20 and 21.

CONSENT CALENDAR:

1.            Approval of Minutes of January 19 & 25, 2000.

2.            Approval of Warrant Nos. 48313 through 48584.

3.            Approval of Resolution No. 2004 authorizing the City Manager to execute the agreement and necessary documents to purchase three (3) Transport Mobile Bleachers, Model TSP 300 with #78010 enclosed riser option in the amount not to exceed $127,780 from Century Industries.

4.         Reject the claim of Alyce Keppler.

5.            Approval of Resolution No. 2005 supporting Proposition 12 Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000.

6.            Approval of Resolution No. 2006 accepting the Offers of Dedication of streets right of way, accepting the public improvements for maintenance, accepting the Maintenance Bond, and releasing the associated Performance and Payment Bonds for Subdivision 7948, Greystone Homes, and authorizing the Mayor and City Clerk to execute the same.

7.            Approval of Resolution No. 2007 releasing the Maintenance Bond associated with one (1) year warranty of public improvements for Subdivision 7995, Greystone Homes, and authorizing the Mayor and City Clerk to execute the same.

8.            Approval of Resolution No. 2008 accepting the landscape improvements for maintenance, accepting the landscape Maintenance Bond, and releasing the associated landscaping Performance and Payment Bonds for Subdivision 8011, Greystone Homes, and authorizing the Mayor and City Clerk to execute the same.

9.            Approval of Resolution No. 2009 authorizing the City Engineer to sign and submit an application to the Public Utilities Commission of the State of California for an order authorizing construction of an at-grade crossing across the Union Pacific Railroad Company tracks at Sand Creek Road, CIP Project No. 336-3061.

10.            Approval of Resolution No. 2010 authorizing the City Legal Counsel to prepare, have executed and file with the Court a Stipulation for Judgment on the property owned by Eugene Mangini, a single man, as to an undivided ½ interest; Louis Mangini and Marian Mangini, his wife, as Joint Tenants, as to an undivided ½ interest, and located at the site of the City’s Sand Creek/O’Hara Avenue Extension Project, and identified as a portion of APN 016-120-010 and APN 016-130-004 accepting real property on behalf of the City for a total cost not to exceed $186,000, plus incidental court filing fees, and such other documents as may be needed to complete the transaction including Final Order of Condemnation.

11.             Approval of Resolution No. 2011 adding the following three (3) projects to the City’s 1999/2004 Capital Improvement Program:  Fairview Avenue improvements – Minnesota Avenue to Lone Tree Way; CIP Project No. 336-3120; reconstruction and widening of Brentwood Boulevard north of Spruce Street (in front of Big “O” and the Ford and Dodge dealers); CIP project No. 336-3119; construction of a bicycle/pedestrian trail on the west side of the railroad between Minnesota Avenue and Marsh Creek [Trail:  Railroad (Minnesota Avenue to Marsh Creek), Developer Project], including its incorporation into the Trails Master Plan; and amend Sunset Road Realignment, CIP Project No. 336-3012 (which includes a bridge over Marsh Creek and modification to the Grant Street traffic signal) to accelerate its timeline.  Direct the City Engineer to hire professional design consultants to design the improvements and prepare any necessary environmental reports.

12.             Approval of Resolution No. 2012 authorizing the City Engineer to file applications for Federal Surface Transportation Program and Congestion Mitigation and Air Quality Improvement Program (STP/CMAQ) Funding for the Brentwood Boulevard Curve, CIP Project No. 336-3100, and the Lone Tree Way Overlay/Improvement Project, and committing the necessary local match for the projects and stating the assurance of the City of Brentwood to complete the projects.

13.             Approval of Resolution No. 2013 authorizing the addition of one (1) full-time position in the Public Works Water Division and adopting classification description revisions for Water Service Worker I/II.

14.             Approval of Resolution No. 2014 authorizing the City Manager to enter into a Purchase Agreement, in the amount of $193,000 for eight (8) police service vehicles with Bill Brandt Ford and the purchase of the equipment in the amount not to exceed $12,000 to outfit the cars for patrol service.

15.             Authorize the City Manager to enter into a Professional Services Agreement with RRM Design, not to exceed $80,000 for revision of Park, Recreation, Trail and Creek Master Plans.

16.             Authorize the City Manager to execute a contract with Strauss Design Group to provide architectural services for the Lucky Remodel Project.  

17.             Authorize the City Engineer to install a three (3) way stop sign at Fairview and Minnesota Avenues.  Direct the City Engineer to undertake engineering studies and prepare plans and specifications for the installation of a traffic light at the intersection of Minnesota and Fairview Avenue and have in operation by July 28, 2000 (the opening of school).

18.             Approval of Resolution No. 2015 designating the City Clerk as the voting Board member for the Contra Costa Risk Management Insurance Authority Board of Directors, and the City Manager as the alternate.

19.             Approval of Resolution No. 2016 establishing a policy and adopt a standard payment plan agreement for development fees for commercial, office and industrial development.

22.             Authorize the payment of $500 per month in rent for the use of the Village Drive Community Building for use as the Village Drive Resource Center.

23.            Appoint Ray Carter to serve as Brentwood’s representative on the Contra Costa Advisory Council on Aging for a term that will expire on December 31, 2001.

M/S/C/U Gomes/Petrovich approving Consent Calendar Item Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 22 and 23.

20.            Approval of Resolution No. 2017 authorizing the City Manager to submit applications for contract services outside of the City’s boundaries to LAFCO on behalf of property located at 7721 Lone Tree Way (APN 018-100-008) and further authorizing the City Manager to execute the out-of-service agreement with the owner of this property, Jose S. Velez.

21.            Approval of Resolution No. 2018 authorizing the City Manager to submit applications for contract services outside of the City’s boundaries to LAFCO on behalf of property located at 7701 Lone Tree Way (APN 018-100-007), and further authorizing the City Manager to execute an out-of-service agreement with the owner of this property, Cecilia J. Broderick.

Councilmember McPoland requested that verbiage be added that states:  “That property owners would agree to annexation into the City of Brentwood at such time annexation should occur.”  City Manager Elam pointed out under the Standard Agreement, No. 8, which applies to Councilmember McPoland’s concerns.

M/S/C/U McPoland/Gomes approving Consent Calendar Item Nos. 20 and 21.

PUBLIC HEARING:

24.            Approval of Resolution No. 2019 which initiates the annexation application to LAFCO, and introduce and waive first reading of Ordinance No. 629 which prezones the 40 acres for the expansion of Sunset Park to a Public Facility (PF) designation.

Chief of Planning Leana gave a brief synopsis of the of the Staff Report, and displayed a slide.

The Public Hearing was opened, and no comments taken.  M/S/C/U Petrovich/Gomes closing the public hearing.

M/S/C/U Gomes/Petrovich passing Resolution No. 2019 initiating an application to the Local Agency Formation Commission (LAFCO) for the Sunset Park Expansion annexation (No. A00-02).  The property is located on the north side of Sunset Road adjacent existing Sunset Park on its westerly boundary (APN 018-200-008).

M/S/C/U Gomes/Petrovich introducing and waiving first reading of Ordinance No. 629 amending the Municipal Code by prezoning (RZ 99-05) a 40 acre parcel located along the north side of Sunset Rod adjacent existing Sunset Park to a Public Facility (PF) designation (APN 018-200-008).

25.            Approval of Resolution No. 2020 initiating the annexation of the 2.92 acre site, and introduce and waive the first reading of Ordinance No. 630 changing the prezoning designation of the parcel to a Public Facilities (PF) designation.

Chief of Planning Leana provided a brief synopsis of the Staff Report.

The public hearing was opened, and no comments taken.  M/S/C/U Gomes/Petrovich closing the public hearing.

M/S/C/U Gomes/Petrovich passing Resolution No. 2020 initiating an application to the Local Agency Formation Commission (LAFCO) for annexation No. A00-03.  The property is located approximately 4,000 feet south of Balfour Road, adjacent the westerly boundary of the Suncal Development.

M/S/C/U Gomes/Petrovich introducing and waiving first reading of Ordinance No. 630 amending the Municipal Code (RZ 00-01) by changing the prezoning of a 2.92 acre parcel located south of Balfour Road adjacent the westerly boundary of the developing Suncal residential development from Planned Development Thirty-Three (PD-33) to Public Facilities (PF).

OLD BUSINESS:

26.            Approval of Resolution No. 2021 modifying the Master Sign Program for the Albertson’s Savon Center.

Chief of Planning Leana provided a brief introduction.

City Attorney Anderson clarified that Item No. 4, within the resolution, should be rephrased to read:  “This shopping center incorporates various blue colors in their tenant signage”.

Councilmember Young explained that he was opposed to this item, because he felt that the Planning Commission’s review of this item was consistent with the building’s exterior, and also that the color red was a better looking addition to the City, in terms of maintaining overall consistency.

M/S/C Petrovich/Gomes passing Resolution No. 2021 overruling the action of the Planning Commission by approving a modification to the Master Sign Program adopted for the Albertsons-Savon Center (CUP 98-01) to permit compatible colors instead of consistent colors for tenant signs, and adding the amended change to No. 4 within the resolution, per the City Attorney.  NO:  YOUNG

NEW BUSINESS:

27.            Discussion regarding a building moratorium.

Community Development Director Oshinsky provided a brief report to the Council.

Robert Urbinz, 68 Cloverleaf Circle, favored a moratorium, and felt it would offer the citizens a reassurance that the City is showing some type of thought process, in terms of smart growth.

Michael Thomas, 101 Pondlilly, felt that a moratorium would show consideration as to the process that is now ongoing with the update of the General Plan.

Mary Lopez, 764 Valley Green, expressed concern to the growing community, in terms of crime and traffic congestion, and stressed the need for smart growth.

Kathy Griffith, 386 Pecan Place, favored a moratorium until the completion of the update of the City’s General Plan process.  She felt that citizen input should be valued, and that a moratorium would ensure this.  She further expressed concern to the City’s dependency on developer fees.

Ed Austin, 2250 Balfour Road, opposed a moratorium, and felt that the community was growing in a reasonable fashion, and further stressed the need for new businesses within the community.

Councilmember Young felt that past potential mechanisms were not utilized, in terms of smart growth and elaborated on various mechanisms that could have been used.  He further spoke to what he wanted accomplished during the City’s update of the General Plan, and felt that while the City was striving to improve the General Plan over a period of time, he felt it would make sense to consider a general moratorium for residential only.  He felt this could be done on a temporary basis, in order that a realistic picture could be obtained of what has already been approved.

Councilmember Young felt that the Council was not interested in a moratorium at this point in time, and suggested that a discussion be facilitated, or that specific direction be provided to staff and legal staff, that would specifically identify what criteria or perimeters would trigger the action of declaring a moratorium. 

Councilmember McPoland elaborated on the Map Act, and felt it had been followed diligently, in terms of the work performed by Council through various committees.  He also spoke to the downtown area, and felt there were opportunities that the City is now taking advantage of and taking steps towards its preservation. 

Mayor Kidd spoke to issues pertaining to the ABAG projections, urban limit line, ridge line policy, and ongoing communications between City Council and Planning Commission.  He felt it was important to not view Brentwood as an island, but that it was a larger area of the Bay Area, due to the fact that Brentwood houses a number of commuters. 

Councilmember Young commented on previous remarks relating to the urban limit line, and ridge lines.  He noted that any major development is always discussed between the City Council and Planning Commission, but stated that he was hard pressed to find any examples that only dictated minor adjustments.  He requested that the City Attorney render a legal opinion on this matter.

Councilmember Petrovich stated that he did not feel a legal opinion was warranted on this issue. 

Councilmember McPoland commented on the future development of Cowell Ranch, in terms of not being in the near future, and expressed concerns to the construction of residential homes within adjacent County owned communities, and felt that Brentwood had done a better job in this area.

M/S/C Gomes/Petrovich to close the discussion.  NO:  Young

M/Young for the Council to agendize for a future meeting, that a moratorium discussion be formalized to provide staff with some type of direction, or that Council request staff to put together a proposal for a procedure that the Council could follow and that could be more clearly identified through a process and procedure, of what would constitute grounds for a more serious discussion of a moratorium or other mechanism to consider slowing down proposals that have been submitted for the next 9-12 months, while the City is in the process of updating the General Plan.  The motion failed due to a lack of a second.

A break was taken at 9:05 p.m. and reconvened at 9:20 p.m.

30.            Consideration of a request to provide up to $25,000 of City funds to contribute to the sodding of a rebuilt football field at Liberty Union High School (LUHS).

City Manager Elam provided the introduction.

LUHS Superintendent Smith spoke to the need of the renovation of the football field, as well as other projects for the school district that are planned over the next several years.  He expressed his appreciation for the request of this item, and solicited the support of the Council.  Per a request of Councilmember Petrovich, Mr. Smith noted that at this point in time, these funds would be used only for the renovation of the district’s football field.

Vice Mayor Gomes wanted a commitment made to the City that this field could also be used for soccer use.

Councilmember McPoland felt that there was a concern on the part of the citizens of the community, that this field be a multi-use field.  He also felt that the field should be regulated to ensure that it does not get destroyed, through a multi-use.  He fully supported the renovation of this field.

Mr. Smith requested that he be provided with some type of direction, in terms of the City’s expectations of the funding, in order that he could present it to the school board. 

Keith Flashburger, 135 Beverly Place, representing soccer use, spoke to the use of this field being a multi-use field, in that, it would be a 3 percent use on the part of other sports.  He further noted that other schools had shared facilities in neighborhing communities.  He expressed concerns to the district denying other liberty students, other than football players, when they were renting it out to other outside facilities.

Mayor Kidd suggested that Park & Recreation Director Bronzan meet with the school district personnel in regards to this matter, and that it be brought back to the Council on February 22.

M/S/C/U Petrovich/McPoland supporting the request to provide up to $25,000 of City funds to contribute to the sodding of a rebuilt football field at LUHS, and that funding would come from the City discretionary funding, along with the condition  that the field be used for Liberty soccer activities.

31.            Consideration of request from Kaufman & Broad for $115,000 of PEC Funds.  Option #1:  Approve the request from Kaufman & Broad for $115,000 of PEC Funds.  Authorize the City Manager and City Attorney to prepare and execute a Development Agreement memorializing the terms of approval.  Option #2:  Deny the request.  Option #3:  Refer the matter back to the Economic Development Sub-Committee.

City Manager Elam gave an overview of the Staff Report.

George Cardinale, representing Dr. Jeffrey, felt that the original intent was that the City would not front $115,000 of PEC Funds, but rather Kaufman & Broad (K&B) would, and requested that Option D be exercised, as stated in the Development Agreement. 

Councilmember McPoland wanted to ensure that specifications for the building design were available for review by the Council, before this is approved.  Mr. Cardinale assured the Council that specifications could be delivered by the next working day to the Community Development Department for review.

M/S/C/U Petrovich/McPoland approving the request from Kaufman & Broad for $115,000 of PEC Funds and authorize the City Manager and City Attorney to prepare and execute an Agreement memorializing the terms of approval.  Also, that a letter be written that the $115,000 be approved conditioned upon the building is constructed to the size of 14,000 square foot, and that building specifications will be delivered to the Community Development Department by the close of the business date of February 9.

A break was taken at 10:20 p.m. and reconvened at 10:30 p.m.

32.            Consideration of request from Purcell Brackets for $90,000 of PEC Funds.  Option #1:  Approve the request from Purcell Brackets for $90,000 of PEC Funds.  Authorize the City Manager and City Attorney to prepare and execute a Development Agreement memorializing the terms of approval.  Option #2:  Deny the request from Purcell Brackets for $90,000 of PEC Funds.

City Manager Elam provided the introduction.

Jim Purcell, CEO, and Mike Purcell, Vice President of Purcell, provided information relating to their company.

Mayor Kidd stated his support of a five (5) year loan.

Councilmember Petrovich supported Option #1, with a ten (10) year loan.

M/S/C McPoland/Gomes (Option 1) approving the request from Purcell Brackets for $90,000 of PEC Funds.  Authorize the City Manager and City Attorney to prepare and execute a Development Agreement memorializing the terms of approval for a five (5) years loan.  NO:  Petrovich

33.            Authorize the City Manager to execute change orders for an additional 5%, for a total of 25%, in construction change orders for CIP Project No. 336-3083, Pavement Management Program with funding to come from Water Polybutelene Repair account.

City Manager Elam provided an explanation of the Staff Report.

M/S/C/U Petrovich/Gomes authorizing the City Manager to execute change orders for an additional 5%, for a total of 25%, in construction change orders for CIP Project No. 336-3083, Pavement Management Program, with funding to come from Water Polybutelene Repair account.

CITIZEN COMMENTS:

Annette Beckstrand commented on Brentwood being smaller in nature, and favored this type of community remaining this way, in terms of being a bedroom type community.

David Yoder spoke on behalf of various Richmond American homeowners, and stated his appreciation to City Staff for their concerted efforts for recent concerns raised by the homeowners.

CITY MANAGER REPORTS:            None.

INFORMATIONAL REPORTS FROM COUNCILMEMBERS:

Councilmember Petrovich reported that a meeting for 2000 Cornfest would be held on February 9, 7:00 p.m. at the Veteran’s Hall.  Greg Robinson interjected comments on various activities.

Councilmember Petrovich reported that a St. Patrick’s Day celebration would be held on March 18.

REQUESTS FOR FUTURE AGENDA ITEMS:            None.

CLOSED SESSION:

Conference with legal counsel – existing litigation (Government Code §54956.9(a) Stephen Beinke et a., v. City of Brentwood (Yolo County PT98-1521).

No reportable action.

ADJOURNMENT:

There being no further business, the City Council adjourned at 11:20 p.m.

Respectfully Submitted,

Debra Lawson

City of Brentwood

Minutes Clerk

City Administration
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