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Current Council Agenda and Past Meeting Information

City of Brentwood
Minutes of April 24, 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 Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
ABSENT: None 

PRESENTATIONS 

A. Mitch Oshinsky, Director of Community Development, introduced the status report on proposed John Muir/Mt. Diablo Health System East County Campus, on the south side of Balfour Road at Concord Avenue. He stated this would be an informal introduction to the project. That the site consists of a total of fifty-seven acres and is split into two sites of thirty-two acres, which would be used for the medical facility and the other seventeen acres which would be used for future residential and/or commercial development. The proposed medical building could reach an ultimate height of seventy-five feet or six-stories. The helicopter approach would be from the south coming in from over the by-pass to the helipad and then off to the north again over the by-pass. The first phase would include medical offices that would house primary care physicians, as well as an urgent care center, this building would be oriented towards Balfour Road. The applicant had submitted special environmental studies regarding noise and helicopter matters. John Muir had arranged a helicopter demonstration at the site. He stated that at a distance of one hundred fifty feet away from the site the highest noise reading was eighty-three decibels and that any residences would be about ten times further away from the helipad. An Environmental Mitigated Negative Declaration had been prepared for the project and it concludes that any potential adverse impacts can be mitigated to acceptable level. He stated that this is currently in the public review stage and that the public comment period close on May 1, 2001 and that there had been no significant comments received to date. 

Councilmember Petrovich stated that the Development Agreement would terminate if construction does not commence within three years. Mr. Oshinsky concurred with that statement.

Tom Terrill, 1211 Newell Avenue, Walnut Creek, stated that John Muir had done significant number of outreach projects. for community awareness. He stated that they had worked with the By-Pass Authority, CalTrans, and neighboring property owners in an effort to get the property to the point it is currently. He stated John Muir has a mission to provide high quality health care to Contra Costa County and has been working hard to select a site and move aggressively to get environmental clearances and get the project approved, and that they were hopeful to get this approved in the coming weeks. He stated that John Muir has agreed to dedicate close to two-million dollars of right-of-ways that is necessary for the By-Pass, the relocation of Concord Avenue, and that this facility is proposed without any cash subsidies. They are prepared to sit down and work with the City on the freezing of the fees that are proposed, the types of things related to this facility. They are a non-profit entity that is not looking to take money out of the community, its looking to add to the community. He said this is a facility that will service Contra Costa County for the next hundred years. 

Councilmember Hill stated his agreement on shortening the commitment and expressed concern about the situation that had happened in San Ramon. He felt that the City was working with the right organization, but he wanted to be sure that John Muir is truly interested in coming to the far East County. He stated he would like to see a more concrete design layout on the balance of the site and how it might harmonize with surrounding residential aspect in concept. 

Mr. Terrill said the purpose of going to the community was not to hype the project, but to be a positive neighbor and to answer questions. He felt that this was an entirely different process than what had taken place in San Ramon. He stated that John Muir is very excited to be in Brentwood.

Councilmembers Gomes and Beckstrand stated their support of the project.

AGENDA REVIEW

Item No. 05 Amendment to the staff report.

Item No. 08 Pulled from the Agenda. 

Item No. 16 Additional correspondence.

Set a time on Friday, April 27, 2001 for a meeting of the City Council to award the construction contract for the HVAC at the Brentwood Education and Technology Center. It was moved/seconded by Hill/Petrovich to add this as Item No. 21 to the agenda.

It was moved/seconded by Hill/Gomes to move Item No. 20 before the Consent Calendar.

CITIZEN COMMENTS

Bradley Bingham, 1318 Willowwood Court, stated his concern with the traffic signal located at the intersection of San Jose Avenue and Fairview Avenue, he felt that it is dangerous because there is no left turn signal. He requested that the City install a sign or change the way the light works.

Mike Harris, 2440 Palm Court, stated he was concerned with the possible increase in traffic and noise that the John Muir project would create and the location of the gas station and the school that would be located near there.

20. Listed current pricing, look at wall mount batteries last five years. Does self check three years spend money to cover it. Concerned about security. As soon as box is opened up alarm sounds. 

Paul Slay, Police Sergeant, introduced the staff report.

It was moved/seconded by Hill/Gomes to approve the purchase of the Automated {insert recommendations}. Motion carried unanimously.

CONSENT CALENDAR

1. Approve Minutes of April 2 and 10, 2001. (Pulled for further discussion)

2. Approved second reading of Ordinance No. 663 Amendment No. RZ 01-03, amending Ordinance Chapter 17.820 (Design and Site Development Review), and adopting Design Guidelines for nonresidential development.

3. Approved second reading of Ordinance No. 664 approving an amendment to Planned Development No. 26 by adding development standards for Planning Area 14 (TSM 8460).

4. Approved Resolution No. 2275 updating Council Policy No. 10-5, City of Brentwood Budget Policy and repealing Resolution No. 93-65. 

5. Authorize the City Manager to purchase five (5) vehicles from Bill Brandt Ford for the Police Department at a cost not to exceed $87,300. (Pulled for further discussion)

6. Approve an agreement concerning School Resource Officer Funding between the City of Brentwood, Brentwood Union School District, and Liberty Union High School District. (Pulled for further discussion)

7. Authorized the City Engineer to execute a Design Contract Change Order with Monk and Associates LLC in an amount not to exceed $56,581.40 for Sand Creek Road, CIP Project No. 336-3061, generally located between Fairview Avenue and O’Hara Avenue. 

8. Approve a Resolution accepting the offers of dedication and, accepting the public improvements for maintenance, accepting the Subdivision Maintenance Bond, and releasing the Subdivision Performance and Payment Bonds for Subdivision 8084, “Summerset at Brentwood Country Club” by Pulte Home Corporation, located south of Balfour Road and west of Fairview Avenue extension. (Pulled from the agenda)

9. Approved Resolution No. 2276 accepting the work performed by Hess Construction, Inc. for Brentwood Boulevard Reconstruction Phase I, CIP Project No. 336-3013, generally located south of Sycamore Avenue, and directing the City Clerk to file a Notice of Completion with the County Recorder. 

10. Approved Resolution No. 2277 accepting the work performed by Brown and Fesler, Inc. for street light improvements within the Village Drive neighborhood, located east of Brentwood Boulevard, north of Sycamore Avenue and south of Sand Creek Road, CIP Project No. 336-3087, and directing the City Clerk to file a Notice of Completion with the County Recorder. 

11. Approved Resolution No. 2278 accepting the work performed by Leighton Construction Inc. for the construction of roadway improvements to Beverly Place (east of Brentwood Boulevard) and Walnut Boulevard sidewalk (south of Central Boulevard), CIP Project No. 336-3083 (00/01), and directing the City Clerk to file a Notice of Completion with the County Recorder. 

12. Approved Resolution No. 2279 the construction contract for Gypsum Board Work at the Brentwood Education and Technology Center, CIP Project No. 504-3112, to Pace Inc. and authorize the City Manager to execute the agreement and necessary documents in the amount of $120,500 and grant the City Manager authority to execute change orders up to 10% of the contract amount.. 

13. Approved Resolution No. 2280 the construction contract for Electrical Work at the Brentwood Education and Technology Center, CIP Project No. 504-3112, to Del Monte Electric and authorize the City Manager to execute the agreement and necessary documents in the amount of $355,000 and grant the City Manager authority to execute change orders up to 10% of the contract amount. 

14. Authorize the City Manager to enter into an agreement with Abey/Arnold Associates for Park Master Planning Services in the amount of $38,000 for the 37 acre Sunset Sports Complex CIP Project No. 522-5201. (Pulled for further discussion)

Item Nos. 1, 5, 6, and 14 were pulled from the Consent Calendar for further discussion. 

It was moved/seconded by Gomes/Petrovich to approve Consent Calendar items 2-4, 7, 9-13 as recommended by staff. Motion carried unanimously. 

Item No. 1

It was moved/seconded by Hill/Gomes the minutes of April 2, 2001 as recommended by staff. Motion carried with Councilmember Petrovich abstaining.

It was moved/seconded by Hill/Gomes to approve the minutes of April 10, 2001 as recommended by staff. Motion carried unanimously. 

Item No. 5

Councilmember Gomes asked why the City was purchasing smaller vehicles than they had in the past.

Larry Shaw, Chief of Police, stated that these would be assigned to investigators and for use as pool cars and they would be more economical to operate. 

Councilmember Petrovich asked if the Taurus was an equivalent car to the Dodge Intrepid. It was stated that they were an equivalent car. 

It was moved/seconded by Gomes/Beckstrand to authorize the City Manager to purchase five (5) vehicles from Bill Brandt Ford for the Police Department at a cost not to exceed $87,300. Motion carried unanimously.

Item No. 6.

Councilmember Hill stated that he had no problems with the recommendation that was before the Council, but believes that a third School Resource Officer should be added, so there is at least one located at each middle school and the high school. 

It was moved/seconded by Hill/Petrovich to authorize the City Manager to sign an agreement concerning School Resource Officer Funding between the City of Brentwood, Brentwood Union School District and Liberty Union High School District. Motion carried unanimously.

Item No. 14

Councilmember Hill requested an opportunity to work on the subcommittee related to this item. 

Mayor McPoland stated he wants to be sure this subcommittee will be limited in size and recommended that this subcommittee be chaired by Councilmember Hill. 

Councilmember Petrovich asked that he be allowed to join as a second Councilmember. 

It was moved/seconded by Hill/Gomes authorizing the City Manager to enter into agreement with Abey / Arnold Associates, Landscape Architects to provide Park Master Planning services for the 37 acre Sunset Sports Complex, CIP Project 522-5201 and to appoint Councilmembers Hill/Petrovich to the Sunset Sports Complex Subcommittee. Motion carried unanimously.

PUBLIC HEARINGS

15. Consideration of a Zoning Ordinance Amendment to provide additional public notice for projects, which require public hearings. 

Mike Leana, Chief of Planning, introduced the staff report and stated this is an attempt to improve communication with residents and potential residents. He stated they had come up with a process where the developer will post signs about the project in the early stages and once a date for a Public Hearings was set, the developer would add that date to the sign. He stated this sign would be visible from the street to pedestrians and motorists, and would remain in place until either the project commences construction, or the discretionary approvals have expired. 

Councilmember Petrovich felt that each notice should be sent as a certified letter with a return receipt.

Councilmember Hill felt that further ongoing notification of the project should take place, and a complete plot plan and the conditions of approval should be on display at the sales office. 

Mayor McPoland opened the Public Hearing, there being no one wishing to speak it was closed.

There was discussion about the signs that would be posted. Mr. Oshinsky stated that the text of the ordinances states the specifics about the signs.

Councilmember Hill stated that there are prominent entrances to most developments and that is where a reasonable sign should be posted with reasonable text. He stated he was also concerned with the lack of signage on properties adjacent to projects that discloses how it is zoned, so that prospective buyers are notified. He also felt that the conditions of approval should be available to the public in the sales office. He felt that more could be added to this Ordinance. 

Mr. Leana stated that some of these items could be added as a part of the Conditions of Approval. 

There was a discussion regarding the homeowners responsibility to read their disclosure papers. Councilmember Hill felt that having the papers available at the sales office would help answer many questions for the prospective buyers. Councilmember Beckstrand stated that many people do not read their escrow papers, however she felt that disclosures are important. Councilmember Hill stated the Conditions of Approval are not included in the escrow papers and felt there are cases where sales representatives give misleading statements, and felt this would help to keep potential homeowners informed. 

Dennis Beougher, City Attorney, stated that developers do not want to be sued and that disclosure laws are becoming more strict. 

Councilmember Gomes stated his support of this item and felt it was not only for potential buyers, but also the surrounding community.

Ordinance No. 665

An Ordinance of the City Council of the City of Brentwood amending Chapter 17.800.009 of the Brentwood Municipal Code by establishing additional notice for Public Hearing Items. 

It was moved/seconded by Gomes/Hill that the first reading of Ordinance No. 665 be waived and that the same be adopted as recommended by staff. Motion carried by the following vote:

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

NEW BUSINESS

16. Discussion on analysis and policy for the orientation of new residential lots to front on, or rear on, arterial and collector streets, specifically subdivisions proposed for the area of Fairview Avenue and Apricot Lane. 

Mr. Leana introduced the staff report and stated that when the current General Plan was being done there had been concerns about too many sound walls being installed in the City. 

Mayor McPoland felt this does not go far enough and felt that Apricot Lane is going to have a large volume of traffic.

Councilmember Hill stated that he is opposed to any front-on housing along Apricot Lane and felt that it had the ability to look like Garin Parkway with limited soundwalls and open-ended cul de sacs that are landscaped bermed. He felt that a great number of streets would be feeding on to this street because of development that is going to be built west of this. He stated he would prefer total elimination of the front-on housing for this street. 

Jim Carlisle, 2201 Apricot Lane, stated he is concerned with the impacts that development is going to have on the street. 

Robert Singush, Apricot Way, stated he had heard many different versions of the plans for the street. He stated he was concerned with the access during construction and the travel time on that roadway with increased traffic. 

Mr. Oshinsky stated the traffic studies done for the General Plan update show that Fairview Avenue is still going to carry a large amount of traffic. 

There was discussion about traffic patterns and the various developments that are being built in that area. The Councilmembers stated their opposition to front-loading.

Council directed staff that there be no “front on,” “side on,” or “rear on” arterial and collector streets, specifically in subdivisions proposed for the area of Fairview Avenue and Apricot Way.

Council took a break at 9:15 p.m. and reconvened at 9:30 p.m.

17. Consideration of Notice of Intent declaring the sewage collection system for Assessors Parcel Number 016-010-016 (Davis Camp) an eminent threat to public health and authorizing force account remediation at the property owner’s expense. 

Thom Head, Public Works Director, introduced the staff report. 

There was discussion about location of the break in the line. It was stated that City sewage does go through that pipe.

It was moved/seconded by Petrovich/Beckstrand to accept the notice of intent to repair the Davis Camp sewer lateral. Motion carried unanimously.

18. Consideration of request by Mr. Cardoza of 1304 Berry Lane for City to install a soundwall on the north side of Central Blvd. at Highway 4 running west 160 feet. 

Mr. Elam introduced the staff report. 

Mayor McPoland asked if this was on private property, Mr. Elam stated that it was. 

Mayor McPoland stated he has been approached by property owners with similar concerns. 

Councilmember Gomes looked at this project as a redevelopment project. There was discussion about the location of this project. It was stated that this was not in the redevelopment zone.

Councilmember Beckstrand felt that the homeowner had responsibility for fixing his fence, and that the Municipal Code would require him to do that. 

There was discussion about the responsibility of the property owner, and the fact that the soundwall would be built on private property.

19. Set a date of May 31, 2001, for a workshop on Police and Fire service.

Mr. Elam introduced the staff report.

It was moved/seconded by Petrovich/Beckstrand to set a date of May 31, 2001 at 5:00 p.m. for a workshop on Police and Fire service. Motion carried unanimously.

21. Set a date of Friday, April 27, 2001 for a meeting of the City Council to award the construction contract for the HVAC at the Brentwood Education and Technology Center. 

Mr. Elam introduced the staff report. 

It was moved/seconded by Beckstrand/Gomes to set the date of April 27, 2001 at 8:30 a.m. for an adjourned meeting. Motion carried unanimously.

CITIZEN COMMENTS - None

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

Councilmember Gomes reported on the East Contra Costa Fee and Financing Authority and the proposed fee increase. 

Councilmember Petrovich reported that the property for the sports facility is not zoned for that use, and asked if the County would consider a rezone of this property. 

Councilmember Beckstrand reported on the Solid Waste Subcommittee and the possible lease of a cardboard baler system. 

REQUESTS FOR FUTURE AGENDA ITEMS

Councilmember Hill requested an item on a graffiti eradication program. 

There being no further business the meeting was adjourned to Friday April 27, 2001 at 8:30 a.m. 

Respectfully submitted,

Margaret Wimberly
Administrative Assistant II

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov