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City of Brentwood
Minutes of December 12, 2000

A regular meeting of the City Council of the City of Brentwood was called to order at 7:30 p.m. in the City Council Chambers located at 734 Third Street, Brentwood, California, with Mayor McPoland presiding.

ROLL CALL

PRESENT: Councilmembers Gomes, Hill, Petrovich, Young, Mayor McPoland
ABSENT: None

PRESENTATIONS 

New employee introductions and Oaths of Office - Karen Diaz, City Clerk, introduced Janet Hansen, Eric Nolthenius, Hector Segoviano, Milan Sikela, Cynthia Blazek, Donna Grilli, Mark Verduzco, Joey Babel, Donald Collins, Rusty Sims, and Larry Shaw, Chief of Police, introduced Cherokee Miranda, Benjamin Tolero, Dennis Peterson, Cindy Woodbury, as new employees. Mayor McPoland administered the oath of office.

Kathy Leighton gave a presentation of her book “Footprints”, a history book of East Contra Costa County. She stated that one thousand copies are currently being printed and will be ready for distribution in February.

"Tell-A-Cop" by Larry Keady – Officer Keady gave a presentation on the Tell A Cop program in which citizens will be able to report various traffic complaints with a phone call, the Police Department will then send a courtesy notice to the individuals that have had complaints made against them.

CITIZEN COMMENTS - None

CONSENT CALENDAR

Approved Minutes of November 28 & December 1, 2000. (Pulled for further discussion)

Approved Resolution No. 2206 approving a Reimbursement Agreement with Beck Properties Inc. for costs associated with Master Plan Facility improvements. 

Approved Resolution No. 2207 approving the Final Map of Subdivision 8368, Tuscany Unit 2 (Beck Properties) located west of Fairview Avenue and south of San Jose Avenue, accepting the improvement security, and approving the Subdivision Improvement Agreement. 

Approve an agreement for payment of contract services with Arcadia Development Co. for an Environmental Impact Report for Home Depot project. (Pulled for further discussion)

Approve contract services with EIP Associates for Environmental Impact Report for Home Depot project. (Pulled for further discussion)

Approve a Resolution authorizing a loan between the City of Brentwood and the Redevelopment Agency to purchase property and construct Brentwood Boulevard Parking Lot; CIP Project #336-2125. (Pulled for further discussion)

Second reading of Ordinance No. 653 amending Planned Development No. 29 Subarea ‘A’ development guidelines to allow for the construction of a second story bonus room over the first story detached garage on 43 lots within Subdivision Nos. 8226 and 8402 and to allow the second story bonus room to exceed the 15 foot maximum height limit, by 10 feet, located north of Lone Tree Way, east of O’Hara Avenue and west of Anderson Lane. (Pulled for further discussion)

Approved second reading of Ordinance No. 654 amending Chapter 17.640 of the Brentwood Municipal Code relating to the use of ‘A’ frame signs throughout the City. 

Rejected all bids for construction of the Brentwood Education and Technology Center submitted on December 5, 2000. 

Approved Resolution No. 2208 authorizing the City Manager to execute an application, agreement and other instruments necessary to secure a Code Enforcement Grant.

Item Nos.1 and 4 - 7 were pulled from the Consent Calendar.

It was moved/seconded by Gomes/Petrovich to approve Consent Calendar Item Nos. 2, 3, and 8-10, as recommended by staff. Motion carried unanimously.

Item No. 1 

It was moved/seconded by Petrovich/Gomes to approve the minutes of November 28, 2000 motion carried with Councilmember Hill abstaining.

It was moved/seconded by Petrovich/Gomes to approve the minutes of December 1, 2000. Motion carried unanimously.

Item Nos. 4 and 5

Councilmember Young questioned the safety of this type of store and asked what could be done to address the issue. Mr. Beougher stated that it would have to be built according to the Uniform Building Code and if there were for violations. 

It was moved/seconded by Gomes/Hill to approve the Agreement for Payment of Contract Services with Arcadia Development Co. for Environmental Impact Report for Home Depot Project and to Agreement for Contract Services with EIP Associates for Environmental Impact Report for Home Depot Project. Motion carried unanimously.

Item No. 6 

Councilmember Hill expressed concern with the amount of money that will be spent on this project for the amount of parking spaces it will provide. Jon Elam, City Manager, stated that this item will add funds to the CIP budget so it can then be sent out to bid. Dennis Beougher stated that this item would come back to Council for approval of the bid.

It was moved/seconded by Gomes/Petrovich to approve Resolution No. 2209 accepting a loan in the amount of $322,000 from the City’s Water Facility Fee Fund to the Redevelopment Agency for the acquisition of property and construction of a parking lot for Brentwood Boulevard, CIP Project No. 336-3125. Motion carried with Councilmembers Hill and Young voting no.

Item No. 7

Councilmember Hill stated his opposition to the project having a occupied bonus room. He felt that this project was different from the previous Pulte project with bonus rooms because those didn’t have a kitchen as an option.

It was moved/seconded by Gomes/Petrovich to waive second reading and adopt Ordinance No. 653, approving an amendment to Planned Development No. 29 Subarea “A” Development Guidelines establishing development standards for the Schemes “B” and “C” optional detached garages. Motion carried with Councilmember Hill voting no.

PUBLIC HEARINGS

Consideration of an Ordinance which changes the prezoning designation on 154± acres of SPA ‘H’ from PD-33 for a mix of residential, commercial, public facility, and open space uses to PF (public facility uses), and approve a Resolution directing staff to initiate the annexation application with LAFCO. 

Mike Leana, Chief of Planning, stated that in the 1993 General Plan this site was reflected as being a possible school site. He stated that lands to the south and west of this site are currently being used as grazing lands. 

There was discussion regarding the need for the City to take the lead in the annexation process. Mr. Leana stated that technically the School District would be the applicant, but the parcel is in our sphere of influence; he stated that the School District had met with LAFCO, which suggested that they work with the City because of the City’s experience with annexations. 

Dan Smith, Liberty Union School District Superintendent, thanked the City for helping in the process. 

Councilmember Young asked if any other sites had been considered. Mr. Smith stated that the School District had spent two years looking for sites with enough space to build a high school. 

Ordinance No. 655

An Ordinance of the City Council of the City of Brentwood amending the Municipal Code by changing the Prezoning (RZ 00-16) of 154± acres (A portion of SPA ‘H’), located along the south side of Balfour Road contiguous to the existing Suncal Residential Development from PD-33 for a mix of Residential, Commercial, Public Facility and Open Space uses to a Public Facility (PF) designation (A Portion of APN’S 007-010-022, 037 & 038)

Resolution No. 2210

A Resolution of the City Council of the City of Brentwood initiating an application to the Local Agency Formation Commission (LAFCO) for the School District’s Annexation (A Portion of SPA ‘H’) (NO. A 00-06). The property is located on the south side of Balfour Road adjacent to the developing Suncal residential development (A portion of APN’S 007-010-022, 037 & 038)

It was moved/seconded by Petrovich/Gomes that the full reading of Ordinance No. 655 be waived and that the same be passed on first reading and that Resolution No. 2210 be adopted with full reading waived as recommended by staff. Motion carried by the following vote:

AYES: Councilmember Gomes, Hill, Petrovich, Councilmember McPoland
ABSENT: None
NOES: None

NEW BUSINESS

Approve the appointments for the City Council and related boards for the next two years as recommended by Mayor McPoland. 

It was moved/seconded Hill/Gomes the appointments for the City Council and related Boards for the next two years as recommended by Mayor McPoland with the addition of Ray Shipley to the Economic Development Committee. Motion carried unanimously

Set the date of Friday January 5, 2001 for a strategic work planning session. 

Mr. Elam introduced the staff report. He stated that the work planning session would allow staff to get an outline of the work the Council would like done during their terms. There was discussion about the ability to accomplish a complete session in one day; the suggestion was made to have two work planning sessions. 

Council directed staff to set the dates of Friday, January 5, 2001, and Friday, January 12, 2001 as strategic work planning sessions.

Consider the request from Randy Christ to apply for annexation and direct staff to process the request. 

Mr. Elam introduced the staff report.

Randy Christ, 550 Creek Road, he stated that his septic system was in decline and his plumber suggested that explore connecting to City services. He requested relief from City and LAFCO fees. 

There was discussion about the location of Mr. Christ’s parcel and the reason he was left out of the initial annexation of his area. Mr. Christ stated that he had only learned of the annexation the day it was to take place; he asked LAFCO to hold off on the hearing so he would have more time to review the facts and they left his property out of the annexation.

There was discussion regarding if this would be setting a precedent for other properties to request funds from the Council to hook up to City services. Mr. Beougher stated that the Council has discretionary policy responsibilities and that they could turn other property owners down. 

There was discussion about splitting the fees between Mr. Christ and the City.

It was moved/seconded by Hill/Petrovich to allow up to fifty-percent of the cost represented in Mr. Christ’s request or three thousand one hundred fifty dollars. Motion passed by the following vote:

AYES: Councilmembers Gomes, Hill, Petrovich, Young, Mayor McPoland
NOES: None
ABSENT: None

Discussion regarding the release of building permits to Brookfield Homes for the Boulder Ridge Development. 

City Manager Elam introduced the staff report. 

Kevin Pohlson, Brookfield Homes, stated that they are waiting for Mr. Hancock to finish building the park and that if it is not complete by January 15, 2001, Brookfield Homes would complete the construction. He stated the because the park is almost complete they would like to receive permits to pour foundations only so they would be able to get ahead of the weather. He said they are currently entitled to receive twenty-five permits and another twenty-five when the parks are completed. He requested an additional one hundred foundation only permits. He stated he is willing to post a bond to cover the cost of the construction of the park.

There was discussion about the amount of work that would be completed through the foundation only permits. Councilmember Petrovich stated he would be willing to allow foundation permits if no walls would be constructed. 

There was discussion regarding the number of permits that would be allowed, and the amount of work that still needs to be done on the parks. Craig Bronzan, Director of Parks and Recreation, stated that Mr. Hancock’s park is seventy-five percent complete, if you do not include the curbs and sidewalks. 

Lee Hancock stated that the park should be complete by next week. 

It was moved/seconded by Gomes/Petrovich to direct staff to issue one-hundred twenty seven foundation only permits contingent upon the completion of both parks by February 1, 2001, if parks are not completed the remaining foundation pours will come to a stop until the parks are completed. Motion passed by the following vote: 

AYES: Councilmembers Gomes, Petrovich, Young, Mayor McPoland
NOES: Councilmember Hill
ABSENT: None 

Council took a break at 9:15 p.m. reconvened at 9:23 p.m. 

Approve a Resolution to amend Sunset Park Master Plan and Expansion Project, CIP Project #522-5201 and to finance the project from Quimby Fees. 

Craig Bronzan, Director of Parks and Recreation, introduced the staff report, he stated this action would move the project from the unfounded category to the funded category.

There was discussion about the deficit of the Capital Improvement Budget. Pam Ehler, Acting Finance Director, stated that the City does not do projects without having the funds available and that through the sale of bonds the budget would be back in the positive. 

Councilmember Young asked if this money could be used for trails. Mr. Bronzan stated that this would be adding money to the CIP and that developer fees are available to pay for trails.

Resolution No. 2211

A Resolution of the City Council of the City of Brentwood amending Sunset Park Master Plan and Expansion Project, CIP Project #522-5201, to finance the project from Quimby Fees.

It was moved/seconded by Gomes/Petrovich that the full reading of Resolution No. 2211 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

AYES: Councilmembers Gomes, Hill, Petrovich, Mayor McPoland
NOES: Councilmember Young
ABSENT: None

Authorize the City Attorney to prepare a lease between the City and Chevron for property located at 8424 Brentwood Boulevard and authorize the City Manager to sign the lease. 

Mr. Elam introduced the staff report; he stated that because Chevron did not build a car wash they had available space they could lease to the City for a parking lot and that there are currently two parking lots being built that will create more parking downtown. 

Councilmembers Hill and Petrovich stated their opposition to leasing the land from Chevron. 

Councilmember Gomes felt that this was not a financially sound option for the City. 

Council referred an item regarding downtown parking to future workshop with the Redevelopment Agency.


Discussion regarding the December 27, 2000 City Council Meeting. 

Mr. Elam introduced the staff report, he explained that City offices would be closed for two days during the week of the next scheduled Council meeting; and the meeting could be either rescheduled or cancelled.

It was moved/seconded by Gomes/Petrovich that the meeting of December 27, 2000 be cancelled. Motion carried by the following vote: 

AYES: Councilmembers Gomes, Hill, Petrovich, Young, Mayor McPoland
NOES: None
ABSENT: None

Authorize the City Manager to sign a contract with J & M Inc. to install water and sanitary sewer lines to four separate parcels located near 8310 Lone Tree Way at a cost not to exceed $49,146.00 plus a 10% contingency. 

Mr. Elam introduced the staff report. 

It was moved/seconded by Petrovich/Gomes to authorize the City Manager to sign a contract with J & M, Inc. to install water and sanitary sewer lines to four separate parcels adjacent to and behind property located 8310 Lone Tree Way at a cost not to exceed $49,146.00 plus a 10% contingency. Motion passed by the following vote:

AYES: Councilmembers Gomes, Hill, Petrovich, Young, Mayor McPoland
NOES: None
ABSENT: None

CITIZEN COMMENTS - None

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

Councilmember Hill reported that the Economic Development Subcommittee is asking staff to come up with some creative ideas that will create consistency in the process for commercial applicants. 

Councilmember Petrovich reported that the Community Chest would be putting together food baskets on Saturday, December 16, 2000.

Councilmember Gomes reported that the Transplan meeting for December had been continued.

REQUESTS FOR FUTURE AGENDA ITEMS

Councilmember Young requested an update on grant applications and a reevaluation of the Lawsuit against the County.

Councilmember Hill requested a post event analysis concerning the lighting of trees downtown. 

There being no further business the meeting was adjourned at 9:44

Respectfully Submitted, Margaret Wimberly, Administrative Assistant

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