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Current Council Agenda and Past Meeting Information

City of Brentwood
Minutes of January 9, 2001

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

AGENDA REVIEW

Item No. 2 Request from applicant to set the hearing date as February 13, 2001. 

Item No. 9 Amended Subdivision Agreement.

Item No. 10 Revised Resolution.

Item No. 13 Revised maintenance agreement for consideration by the City Council. 

CITIZEN COMMENTS

Connie McMahon, 175 Diablo Lane, submitted written comments on the lack of available baseball fields for use by East Diablo Pony baseball league. 

Derek Lewis, 2067 Heartland Court, submitted written comments on the lack of available baseball fields for use by East Diablo Pony baseball league

Jonathan Arnst, 1235 Crescent Drive, spoke regarding the lack of facilities available for use by East Diablo Pony Baseball League and requested support from the City on use of fields. 

Ray Carter, 479 Summer Red Way, stated that the Lions Club would be hold a crab feed on January 27, 2001.

Annette Raines, 3751 Holmes Road, Oakley, gave an update on the East County Horsemens Organization (ECHO) she stated they received funding for a study from Contra Costa County and that should be complete in May.

CONSENT CALENDAR

Approved Minutes of December 6 & 12, 2000.

Set hearing date of January 23, 2001 to consider the appeal of Arco Products Company relating to the conditions of approval for Suncal Property, TSM 7690. (Pulled for further discussion)

Authorized the City Manager to sign a contract with Randall Funding & Development, LLC at a rate of $2,000 per month and for a period not to exceed 24 months..

Approved Resolution No. 2212 accepting the offers of dedication of parcels A, B, C, D and E for ingress and egress by emergency vehicles, all areas marked as “P.S.E.” (public service easements) for public use of the private streets and parcels A (Summerset Dr.), B (Kent Dr.), C (Rubidoux Terrace), D (Grenadier Way) and E (Kent Dr.) for public services and utility purposes and “S.D.E” (storm drain easements) as shown on the Final Map, and accepting public improvements for maintenance, accepting the subdivision Maintenance Bond and releasing the subdivision Performance and Payment Bonds for Subdivision 8081, Blackhawk, located west of Fairview Avenue and south of Balfour Road. 

Approved Resolution No. 2213 accepting the offers of dedication of parcels A, B, C, D, E and G for ingress and egress by emergency vehicles, all areas marked as “P.S.E.” (public service easements) for public use of the private streets and parcels A (Wickson Way), B (Burr Knot Way), C (Pyne Dr.), D (Upton), E (Pyne Dr.), and G (Desert Gold Pl.) for public services and utility purposes and parcel “I” for emergency vehicles access (E.V.A.) and “S.D.E” (storm drain easements) and “S.S.E.” (sanitary sewer easements) as shown on the Final Map and accepting public improvements for maintenance, accepting the subdivision Maintenance Bond and releasing the subdivision Performance and Payment Bonds for Subdivision 8082, Blackhawk, located west of Fairview Avenue and south of Balfour Road. 

Approved Resolution No. 2214 approving the City of Brentwood 2000/2001 Disadvantaged Business Enterprise (DBE) goal of 2.7% for U.S. Department of Transportation (DOT) contracting opportunities. 

Approved Resolution No. 2215 approving the Final Map of Subdivision 6665 (William Lyon Homes, Inc.) located north of Nancy Street and east of Brentwood Boulevard (State Highway 4), accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same. 

Approve a Resolution approving the Final Map of Subdivision 7882, Brentwood Hills (Shea Homes) located west of Fairview Avenue and south of San Jose Avenue, accepting the improvement security, and approving the Subdivision Improvement Agreement. (Pulled for further discussion) 

Approve a Resolution approving the Final Map of Subdivision 8375, Inverness at Brentwood Lake (Brookfield Homes) located north of Balfour Road adjacent to Country Club Drive, accepting the improvement security, and approving the Subdivision Improvement Agreement. (Pulled for further discussion)

Approve a Resolution authorizing the City Manager to execute a Community Development Block Grant (CDBG) Agreement with Contra Costa County for the Brentwood Utility Connection Assistance Program and allocate matching funds of $104,333 from the Low and Moderate Income Housing Fund; authorizing the execution of a Cooperation Agreement for this project between the Redevelopment Agency and the City of Brentwood; and authorizing the City Engineer to execute an agreement with Contra Costa County for implementation and operation of the Utility Connection Assistance Program through the Neighborhood Preservation Program. (Pulled for further discussion)

Authorize the City to sign design and consultation contracts for parks, recreation and trails projects with Abey/Arnold Associates and RRM Design Group for a "not to exceed $75,000" each. (Pulled for further discussion)

Approve a Resolution granting a salary step increase for the City Attorney based on an evaluation of his performance beginning February 28, 2000 through November 30, 2000 as recommended by the Personnel Sub-Committee. (Pulled for further discussion)

 Approved a mutual release and settlement agreement for Oregon Investors III vs. City of Brentwood. (Pulled for further discussion)

Rejected claim presented by Anita Jones. 

Item Nos. 2, 8 9, 10, 11, 12, 13 were pulled from the Consent Calendar for further discussion. 

It was moved/seconded by Petrovich/Gomes to approve Consent Calendar Items 1,3, 4, 5, 6, 7, and 14 as recommended by staff. Motion carried unanimously.

Item No. 2

It was moved/seconded by Hill/Gomes to set a hearing date of February 13, 2001 to consider an appeal by RHL Design Group, Inc. on behalf of Arco Products Company relating to a condition of approval for the Suncal Property (TSM 7690) recently modified by the Planning Commission at the request of the City’s Engineering Department. Motion carried unanimously.

Item No. 8 and 9

Councilmember Young said he would like the Council to have more input on the final approval of Subdivisions.

It was moved/seconded by Gomes/Hill to approve a Resolution No. 2216 approving the Final Map of Subdivision 7882, Brentwood Hills (Shea Homes) located west of Fairview Avenue and south of San Jose Avenue, accepting the improvement security, and approving the Subdivision Improvement Agreement. Motion carried with Councilmember Young voting no.

It was moved/seconded by Gomes/Petrovich to approve Resolution No. 2217 approving the Final Map of Subdivision 8375, Inverness at Brentwood Lake (Brookfield Homes) located north of Balfour Road adjacent to Country Club Drive, accepting the improvement security, and approving the Subdivision Improvement Agreement. Motion carried with Councilmember Young voting no.

Item No. 10

Dennis Beougher, City Attorney, stated that the wording had been changed in the Resolution.

It was moved/seconded by Gomes/Petrovich to approve Resolution No. 2218 authorizing the City Manager to execute a Community Development Block Grant (CDBG) Agreement with Contra Costa County for the Brentwood Utility Connection Assistance Program (attached) and allocate $104,333 from the Low and Moderate Income Housing Fund to fulfill the matching fund requirement; authorizing the execution of a Cooperation Agreement for this project between the Redevelopment Agency and the City of Brentwood; and authorizing the City Engineer to execute an agreement with Contra Costa County for implementation and operation of the Utility Connection Assistance Program through the Neighborhood Preservation Program. Motion carried unanimously.

Item No. 11

Councilmember Hill asked why there would be a need for a consultant if there were sufficient internal staffing. Craig Bronzan, Director of Parks and Recreation, stated that there are times when staff is occupied with other projects and would only use the consultant on an as needed basis. Councilmember Hill asked if there was a sunset date on the contract. Mr. Bronzan answered that there was not a sunset date.

Councilmember Hill stated he would like to have a dollar cap with a one-year sunset clause in the contract. 

It was moved/seconded by Hill/Young to authorize the City Manager to sign design and consultation contracts for parks, recreation and trails projects with Abey/Arnold Associates and RRM Design Group for an amount not to exceed $37,500 each for a period of one year. Motion carried unanimously.

Item No. 12 

It was moved/seconded by Petrovich/Gomes to approve Resolution No. 2219 granting a salary step increase for the City Attorney based on an evaluation of his performance beginning February 28, 2000 through November 30, 2000 as recommended by the Personnel Sub-Committee. Motion carried unanimously. 

Item No. 13

Mr. Beougher stated that the remainder of the maintenance agreement was finalized last Friday.

Councilmember Petrovich expressed his dissatisfaction with the settlement agreement. 

It was moved/seconded by Gomes/Hill to authorize settlement and mutual release agreement based upon the following terms a) the City would pay the plaintiffs $150,000; and b) agree to amend an executed the previously executed agreement concerning payment of an amount in lieu of property tax payment by clarifying the term “operating expenses” to include depreciation, so long as Oregon Investors owns the land. Motion carried with Councilmembers Young and Petrovich voting no.

Consideration of request for an amendment to Planned Development No. 23 creating development standards for the 25.74-acre DeNova Homes site (Tentative Subdivision Map 8416) located south of Sunset Road and east of Brentwood Boulevard. 

Jeff Zilm, Associate Planner, introduced the staff report. He stated that this development would be under the current maximum units per acre that is currently allowed and is consistent with neighboring developments. 

Councilmember Gomes requested clarifications on the roadwork that is to be completed. Mr. Zilm stated that the applicant would be working with the City’s Engineering department to complete the work. 

John Stevenson, City Engineer, stated that there is a contract with Carlson, Barbee and Gibson to design the work that is to be done. 

There was discussion regarding the rights of way from East Bay Municipal Utilities District and Contra Costa Flood District and Caltrans. It was stated that those agencies have been contacted and there should not be a problem gaining access to those properties.

Brad Durga, DeNova Homes, stated that the set backs exceed the requirements that they will be using wood siding to create a craftsman look. He stated that DeNova Homes are going to build the bridge at Highway 4 and Sunset Road and that DeNova Homes is limited to fifty units until the bridge is built. 

Mayor McPoland opened the Public Hearing.

Karen Klingman, 180 Sunset Road, expressed concern with the realignment of Sunset Road and asked if it would affect her property. 

Mr. Elam stated that this would not affect her property.

Councilmember Hill stated he was not in favor of the map. He felt that with the length of time involved in building a bridge he was concerned with the possibility of units being occupied before the road is complete. He said he would like to see more of the ultimate plan with the property across the road and how Sunset Road will interface with the project. 

Mayor McPoland asked about a timeline for construction of the bridge. Mr. Stevenson stated the bridge is currently under design, so at this time it would be difficult to estimate a timeframe for construction of the bridge. Depending on the type of bridge, it could take any where from three to six months.

Mr. Elam expressed safety concerns about children trying to get to and from schools and for residents trying to cross traffic at that Sunset Road and Highway 4.

There was discussion regarding the authority of the Council to restrict permits to the development until the completion of the bridge project. Mr. Beougher stated that once the tentative map had been approved as long as the conditions are met that are in place the final map must be approved. He stated that what the City is trying to do at this time is to set the standards to meet those conditions. He said that if there is a public safety issue the Council could make those findings not withstanding the final map.

Councilmember Hill stated that with two unsignalized intersections there are health and safety issues. 

Mr. Durga stated that under the mitigation measures DeNova Homes would be issued up to fifty building permit and that the bridge would need to be completed before they could pull the final eighty-three permits. 

Councilmember Hill stated that he was not comfortable with the fact that the design is not complete and the permits have not been obtained to secure the bridge in its proper fashion with the appropriate agencies. He felt that at this point issuing the authority to go build one unit that may be occupied puts one more family at risk when trying to cross Highway 4 when making a left hand turn. He stated his opposition to move forward with the project until there is a plan with Public Works through the design phase.

Dave Carlson, Carlson, Barbee and Gibson, stated they should have the final design of the bridge completed in three months. 

It was moved/seconded by Hill/Gomes to continue the Public Hearing to January 23, 2001. Motion carried unanimously.

Approve a Resolution adopting Park Fees, amending Resolution No. 2202 revising the City of Brentwood 2001 Development Fee Program, and amending Resolution No. 2198 revising the Master Fee Program.

Mr. Stevenson introduced the staff report. He stated that the City had a meeting with the development community and they are in favor of this.

Councilmember Hill asked about the Master Plan that is currently under consideration.

Mr. Bronzan stated that there would be a consistent expansion of Sunset Park 

Bob Munion, 935 Doeskin Terrace, stated he would like to see an increase in the amount of baseball and soccer fields for use by residents.

Joe Bercino stated he would like to see an increase in youth activities.

Annette Raines, ECHO, said she felt that creating uses for the equestrian community would provide an economic benefit to the community.

Jonathan Arnst, 1235 Crescent Drive, stated that with increase registration for little league resources are at a critical level. He felt that Sunset Park is the best place to expand because there are already lit fields there as opposed to building fields in an area where neighbors would not want lights in near their homes. 

There being no one else wishing to speak the Public Hearing was closed.

Resolution No. 2220

A Resolution of The city Council of the City of Brentwood adopting the Park Fees as presented in Exhibit ‘A’, amending Resolution No. 2202 to revise the City of Brentwood 2001 Development Fee Program, and amending Resolution No. 2198 to revise the Master Fee Program

It was moved/seconded by Petrovich/Gomes that the full reading of Resolution No. 2220 be waived and that the same be approved as recommended by staff. Motion passed by the following vote:

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

A break was taken at 8:40 p.m. the meeting reconvened at 8:58 p.m.

NEW BUSINESS

Authorize the City Manager to execute an agreement with RGM and Associates for Construction Management Services to value engineer and contract documents for the contract for the Brentwood Education and Technology Center for $22,950. 

Howard Sword, Economic Development Director, introduced the staff report. He stated that this enable the project to be looked at more closely to see where a cost savings could be made. 

Councilmember Petrovich said he felt the City should sell the building. 

Councilmember Hill stated his concern about the project and said he does not believe the City should subsidize the program with Los Medanos College. 

Councilmember Young stated his support of the project.

It was moved/seconded by Hill/Petrovich to continue the item and have the performa information presented at the meeting of January 23, 2001. Motion failed by the following vote:

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

It was moved/seconded by Gomes/Young to authorize the City Manager to execute an agreement with RGM and Associates for Construction Management Services to value engineer and contract documents for the contract for the Brentwood Education and Technology Center for $22,950. Motion passed by the following vote:

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

Approve appointments to various City Commissions and Committees.

Mayor McPoland introduced the staff report. 

It was moved/seconded by Gomes/Hill to appoint Jeffrey Cowling to the Park and Recreation Commission for a three-year term commencing on January 25, 2001 and ending on December 31, 2003. 

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

Councilmember Young felt that there should have been a different selection process; in which he would have been able to participate. 

Councilmember Hill stated he was surprised regarding the selection process and said he would have liked to have the opportunity to asked questions.

Councilmember Petrovich stated his support of the Mayor’s right to appoint and of the Mayor’s selections. 

It was moved/seconded by Petrovich/Gomes to appoint Robert Brockman to a two-year term on the Planning Commission commencing on January 16, 2001 and ending on December 31, 2002. Motion passed by the following vote:

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

It was moved/seconded by Petrovich/Gomes to appoint Chris Mosser to a two-year term on the Planning Commission commencing on January 16, 2001 and ending on December 31, 2002. Motion passed by the following vote:

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

It was moved/seconded by Petrovich/Gomes to appoint Steve Padgett to a two-year term on the Planning Commission commencing on January 16, 2001 and ending on December 31, 2002. Motion passed by the following vote:

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

It was moved/seconded by Gomes/Petrovich to appoint Tara Spencer and Dave Paulson to the Brentwood Neighborhood Advisory Committee for a three-year term commencing on January 24, 2001 and ending on December 31, 2003, and Jeffrey Cowling to the Trails and Parkways Subcommittee. Motion passed by the following vote:

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

Mayor McPoland introduced Jeffrey Cowling as a new Parks and Recreation Commissioner and Robert Brockman, Chris Mosser and Steve Padgett as new Planning Commissioners. He then thanked the former Planning Commissioners, Laine Lawrence for sixteen years of service, Jeffrey Cowling, and Jim Alves for their years of service to the City.

Approve appointments to the Arts Commission. 

Mr. Bronzan stated the when the Arts Commission was started there were six interim Arts Commissioners; he would now like to have them officially appointed to the Arts Commission. He also stated that the Ordinance establishing the Commission allows for a maximum of twenty-five members. 

It was moved/seconded by Gomes/Hill to approve the appointment of Chris Robinson, Jan Melloni, Joe Trebino, Barbara Guise, Helen Meyers, and Alice Kamers to the City of Brentwood Arts Commission for a three-year term commencing on January 1, 2001, and ending on December 31, 2001. Motion passed by the following vote:

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

Consideration of request from Charles Pringle to annex property located at 2800 Anderson Lane; APN 018-040-021. 

Mr. Elam introduced the staff report. 

There was discussion about the feasibility of annexing a parcel in the middle of an area where no other parcels are being annexed.

It was moved/seconded by Hill/Young to deny Charles Pringles request to annex property located at 2800 Anderson Lane. Motion passed by the following vote: 

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

Appointment of City Council Representative and alternate to East Contra Costa HCP Executive Committee.

Mr. Oshinsky introduced the staff report. He stated that this action would not obligate the City to participate or to fund the project.

There was discussion about the City creating its own Habitat Conservation Plan and that there would only need to be representation until the City has its own plan in place.

Councilmember Hill asked if the meetings had a routine schedule; Mr. Oshinsky stated that they would be held quarterly or as needed with the first meeting to be held on January 25, 2001.

Mayor McPoland appointed Councilmember Hill as a representative to East Contra Costa HCP and Councilmember Petrovich as an alternate. 

CITIZEN COMMENTS

J. R. Moase, 4664 Christiansen Street, stated he was representing his neighborhood which had concerns with traffic safety on Walnut Boulevard; and he spoke about the ongoing dispute with homeowners in his neighborhood and Kaufman and Broad regarding warranty repairs. 

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

Councilmember Hill reported he had attended a meeting for senior housing and senior housing requested the City’s participation in their expansion. 

Mayor McPoland gave an update on his attendance at the Contra Costa County Mayors’ Conference. He announced an field trip to Tracy to examine growth management practices; and he discussed the Goal Setting workshop that was held on Friday, January 5, 2001

REQUESTS FOR FUTURE AGENDA ITEMS

Councilmember Gomes requested an item regarding giving residents priority of non-residents for the use of baseball fields.

Redevelopment Agency meeting was called to order at 9:47 p.m.

The City Council adjourned to Closed Session at 10:03 p.m.

CLOSED SESSION

Conference with Legal Counsel - existing litigation pursuant to Gov’t Code Section 54956.9(a): Finley-Tassajara Corp. v. County of Contra Costa, et al., CCC Sup. Ct. No. MSC00-03704 and related cases 

Conference with Legal Counsel - pending litigation pursuant to Gov’t Code Section 54956.9(c): one case

The meeting reconvened in Open Session at 10:44 p.m., with no action to report. There being no further business the meeting was adjourned at 10:45 p.m. 

Respectfully submitted, Margaret Wimberly, Administrative Assistant II

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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