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CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
Minutes of June 12, 2001

A regular meeting of the City Council of the City of Brentwood was called to order at 7:00 p.m. in the City Council Chambers located at 734 Third Street with Mayor McPoland presiding.

ROLL CALL

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

CLOSED SESSION
The meeting adjourned to closed session at 7:00 p.m.

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

Anticipated litigation pursuant to Gov't Code Section 54956.9(b): one case

The closed session was adjourned at 7:25 p.m.

The meeting reconvened in open session at 7:30 p.m. with no Closed Session action to report.

PRESENTATIONS
A. Jon Elam, City Manager, introduced Ryan Huddleston, Police Officer, Bob Muhr, Maintenance Facility worker, as new employees and the Mayor administered the Oath of office

B. Randy Kidwell, Chief Building Official, gave a presentation on the Community Energy Efficiency Program and introduced Mark Stover, Pulte Homes, who spoke about building homes that are energy efficient.

AGENDA REVIEW

Item No. 02 Revised recommendation.

Item No. 25 Correction to staff report.

Item No. 39 Letter from Daniel Smith, Liberty Union High School District

It was moved/seconded by Hill/Petrovich to move item no. 32 prior to the Consent Calendar.

Mayor McPoland announced that the Public Hearing for Item No. 22 would be opened and continued to June 27, 2001 at 6:00 p.m.

CITIZEN COMMENTS
Barbara Guise, Tri Delta Transit, gave an update on the commuter bus route to Pleasanton and spoke regarding the Concert in the Park series to be held this summer.

Steve Padgett, 160 Rosegate Avenue, spoke regarding the excessive traffic on Rosegate Avenue and the stop sign that had been requested by the residents of that street. He stated a petition had been signed by eighty-two percent of the residents that are in favor of the stop sign and a letter from one resident was holding up the process.

32. Clarification of land use designation for Reinhard Property south of Lone Tree Way.

Councilmember Hill requested that this item be referred to the Economic Development Subcommittee property because it this item involves an application related to Economic Development.

It was moved/second by Petrovich/Gomes to continue this item. Motion carried unanimously.

CONSENT CALENDAR

1. Approve Minutes of May 22, 2001. (Pulled for further discussion)

2. Rejected the claim submitted by Catherine Barlow Hightower for Spencer James Brown-Barlow, a minor.

3. Approved Resolution No. 2302 designating the Director of Finance and Information Systems as the alternate Board Member on the Contra Costa County Municipal Risk Management Insurance Authority Board of Directors (CCCMRMIA).

4. Approve payment, not to exceed $130,000, to Pacific Program Management (PPM) for construction management services at the aquatic complex.

5. Approved Resolution No. 2303 approving the Economic Development classifications and compensation for classifications listed above including reclassification of existing Economic Development Manager to Director of Economic Development..

6. Approved second reading and adopted Ordinance 669, which prezones the 3.4-acre Christ property to R-1-E (single family residential estate.).

7. Authorized the City Manager to enter into a contract with Hanson Associates to complete the implementation of the Enterprise Asset Management (EAM)/Computerized Maintenance Management System (CMMS), a software system for the Public Works Department

8. Approved Resolution No. 2304 consenting to the payment of a portion of the cost of replacing a sewer pipe by the Redevelopment Agency of the City of Brentwood.

9. Approved Resolution No. 2305 of Public Interest and Necessity requiring the dedication described in the Deferred Public Improvement Agreement with Ben and Beverly Peterson recorded April 9, 1971 in Book 6356 at Page 342, affecting 5 property owners on Griffith Lane, relating to the Brentwood Bikeway Project, CIP Project No. 336-3071.

10. Approved Resolution No. 2306 approving the following actions: (1) authorize the City Manager to execute the attached Lease For Park Use and Option To Purchase Agreement with Joseph G. Castello and Gloria L. Castello, as Trustees under the 1982 Castello Living Trust dated October 14, 1982 All Their Right, Title and Interest and Victor R. Castello and Marjorie Lola Castello Living Trust dated May 25, 1989 All Their Right, Title and Interest for Sand Creek Park, CIP Project No. 522-5203 and Sand Creek Road, CIP Project 336-3061; (2) authorize the City Manager to execute the Purchase Agreement when the City can close escrow for the purchase price set out in the Purchase Agreement; and (3) authorize the City Manager to accept the real property on behalf of the City and authorize the Mayor or City Manager and City Clerk or their designees to execute all agreements, and such other documents as may be needed to complete these transactions.

11. Authorize the City Manager to execute a contract with DSS Company in the amount of $84,894.00 for the construction of the Brentwood Bikeway Project, CIP Project No. 336-3071, and authorize the approval of contract change orders in the amount not to exceed 10% of the total contract.

12. Approve a Resolution consenting to the payment of the costs of certain publicly owned facilities by the Redevelopment Agency of the City of Brentwood and making findings therewith. Authorize the City Manager to complete the First Street Parking Lot construction including landscaping, CIP Project No. 336-3118, for a total construction cost not to exceed $154,000 and authorize a loan in the amount of $154,000 from the City's Water Facility Fee Fund to the Redevelopment Agency for the Completion of the First Street Parking Lot, CIP Project No. 336-3118, including associated landscaping costs. (Pulled for further discussion)

13. Award the contract for the signal installation projects at the intersections of Minnesota/Fairview Avenues (CIP Project No. 336-3120) and Central Boulevard/Griffith Lane (CIP Project No. 336-3057) to Tennyson Electric Company and authorize the City Manager to execute the agreement and necessary documents in the amount of $ 379,876.00 and grant the City Manager authority to execute change orders up to 10% of the contract amount.

14. Approved Resolution No. 2308 amending Resolution 2230 to incorporate language required by the County Recorder's Office.

15. Approved Resolution No. 2309 authorizing the closure of certain streets and temporarily establishing no parking restrictions and tow away zones in order to facilitate the Chamber of Commerce's Cornfest 2001 to held July 13, 14, and 15, 2001.

16. Accepted the disclosure statements filed by the members of the Redevelopment Agency and authorize the acceptance of the disclosures in the minutes of the Redevelopment Agency.

17. Approved the purchase of an upgrade to the current Utility Billing software package not to exceed $75,000.

18. Approved Second reading of Ordinance No. 670 adding Chapter 14.20 to the Municipal Code to govern the City's stormwater system and approved second reading and approve Ordinance No. 671 amending Chapter 15.52 of the Municipal Code to require additional sediment and erosion control measures and adding enforcement authority.

19. Approve a contract with Lighting Technology Services Inc. to retrofit City buildings to energy efficient lights and occupancy sensors. The cost for the project is $45,402.64. The annual energy savings is $13,459.32. With a payback period of 3.09 years. PG&E will rebate $7712.00 if the project is complete by September 15, 2001.

20. Receive and file Update of City Council strategic goals and objectives.

Item Nos. 1 and 12 were pulled from the Consent Calendar for further discussion.

It was moved/seconded by Petrovich/Hill to approve Consent Calendar items 2-11, and 13-20 as recommended by staff. Motion carried unanimously.

Item No. 1
Councilmember Gomes stated he pulled this item because he was absent at that meeting.

It was moved/seconded by Hill/Beckstrand to approve the minutes of May 22, 2001 as recommended by staff. Motion carried with Councilmember Gomes abstaining.

Item No. 12
Councilmember Beckstrand felt the amount for this project was too high and asked if it could be sent back out to bid in the future and asked if leaving the dead tree in place would create a liability for the City.

Mr. Elam stated this project is an integral part of the downtown area.

Councilmember Beckstrand stated she had not seen a line item of the bid and asked about the cost break down per square footage.

Ken DeSilva, Parks Service Manager, stated the bids were not line item and he could not break-down the individual costs for the various items and stated there was not a break-down of cost per square foot.

Councilmember Beckstrand stated she was concerned with the amount of the bid for the size of the lot.

John Stevenson, City Engineer, stated that three bids had been received and that one was invalid and the other one was higher than this one. The bids were coming in very high right now because of the bid environment.

Mr. DeSilva stated that most of the work for this project would be done by hand because the size of the lot is small and it would be difficult for large equipment to access it.

Councilmember Gomes felt that if it were sent out to bid in nine months it would come back higher than it currently is.

Councilmember Beckstrand stated that work of this type is seasonal and there may be a difference in pricing in a different season.

Councilmember Hill stated he does not agree with parking lot and overall costs associated with it, but felt the parking lot should be finished.

It was moved/seconded by Hill/Gomes to approve Resolution No. 2307 consenting to the payment of the costs of certain publicly owned facilities by the Redevelopment Agency of the City of Brentwood and making findings therewith. Authorize the City Manager to complete the First Street Parking Lot construction including landscaping, CIP Project No. 336-3118, for a total construction cost not to exceed $154,000. Motion carried with Councilmember Beckstrand voting no.

PUBLIC HEARINGS

21. Consideration of an Ordinance approving the Mitigated Negative Declaration, General Plan Amendment, Rezone and Development Agreement for a 57 acre medical/office/residential and retail Special Planning Area and Planned Development for John Muir/Mt. Diablo Health System, located on the south side of Balfour Road, west of existing Concord Avenue.

Mitch Oshinsky, Director of Community Development, introduced the staff report. The site consists of fifty-seven gross acres to be split into two subareas of thirty-two net acres on the east with frontage on Balfour and seventeen net acres west of the relocated Concord Avenue. The thirty-two acre parcel is primarily proposed for phased development as a medical campus with twelve acres of retail allowed. The applicant requested language be added to the general plan stating noise from emergency vehicles be exempt from the excluded from the noise policies of the General Plan. The maximum building height in the zoning is seventy-five feet or six stories high for the future hospital building on the east site. The approach for the helipad on the northeast corner would be from the southeast over the Bypass and it would take off over the Bypass. The applicant has requested that non-medical offices be allowed. An environmental mitigated negative declaration has been prepared which concluded that any potentially adverse impacts on the environment could be mitigated to acceptable levels. He stated the simulated visual presentation had been done and showed that the seventy-five foot high building would not significantly obstruct scenic views of Mt. Diablo or the foothills. A noise study had been prepared including measurements of existing noise at three locations around the project, specific attention was given to helicopter noise; at full operation helicopter trips would average two to three trips per month into and out of the site. Each flight would generate a maximum noise level of up to ten decibels above a typical maximum automobile noise. The noise study concludes when the noise is averaged over a day it would not exceed the City's standards.

Councilmember Gomes asked Mr. Oshinsky to address the concerns in a letter from the Bypass Authority regarding the site. Mr. Oshinsky stated the easterly entrance is an emergency entrance only with a self actuated gate and that in discussions with the Bypass Authority they felt comfortable with that. Mr. Oshinsky stated that in his understanding that it was a subdivision map issue and it had already been acted upon by the Planning Commission and the appeal period had passed.

Mr. Beougher stated that John Muir Mt. Diablo would be responsible for acquisition of the Highway 4 Bypass land.

John Stevenson, City Engineer, stated an additional concern of the Bypass was by approval of the project and approval of the development agreement that would increase the value of the right of way by the time the Bypass Authority would be ready to acquire the land.

In answer to Councilmember Gomes question regarding a location of the twelve acres of retail, Mr. Oshinsky stated that land had not be specifically delineated.

Councilmember Hill asked about other dedications of land that occur in the future as relates to value and if it had been resolved. Mr. Stevenson stated those were fixed at the cost of the land per their purchase price.

Councilmember Beckstrand asked why there was a designation of five years until the retail development would take place.

Councilmember Petrovich stated they want to be able to develop the retail on the west site at any time and the twelve acres on the east site in five years.

Mr. Oshinsky stated that through negotiations on the development agreement the City was trying to have them commit to building medical facilities within a specified period of time, they had countered they wanted retail uses on the east site also; through negotiations a period of five years was developed so they would not try to develop retail immediately.

Councilmember Beckstrand stated she was concerned with the five-year term on the development agreement; she would like to see the facility built and operational within five years.

Mayor McPoland opened the public hearing.

Tom Terrill, Representative of John Muir Mt. Diablo Health Care, felt this is a logical next step for the City. He stated they would be dealing with a variety of uses in a planned development ordinance and this property is in an employment center designation; which includes commercial, retail and a variety of uses. He spoke regarding the concern that they would sell off the property and not complete the hospital. He stated this land had always had a range of uses including retail uses. Approach issue in rational way. This project would triple the size of the current clinic that is growing and very successful. He stated they are a non-profit organization and held to a high standard about how they operate their business and felt it was troubling to suggest that a non-profit association would under their charter act as a real estate company. He stated they would like to have value to the property, they were not buying it at agricultural prices, they are looking to obtain a value that comes from a zoning ordinance, which allows the property owner to know it has a range of uses. He stated the twelve acres on the east site is on the south side of the property and the helicopter pad is in a set site. He stated this project does not ask the City waive a fee, but does ask that the fees be frozen on the health care uses and that would be a huge penalty if they don't build in five years. They are not asking the City to restrict any competitor, subsidize the purchase price, to make any cash payments, or to fund any infrastructure. He stated this site mixes uses and provides transit stops and has a variety of densities.

Councilmember Hill asked John Muir envisioned having the fee freeze on any building that would house any type of medically related business. Mr. Terrill stated the definition is health care related uses and the value of the uses pale in comparison to the value of the fees. Councilmember Hill asked for further clarification on the intent for the fee freeze. Mr. Terrill stated it applies to any health care use on the eastern site and any qualified non-profit use on the western site that John Muir retains a thirty percent interest in.

Linda Best, Chair of John Muir Mt. Diablo Health System Board of Directors, stated they are a non-profit system and consists of two hospitals. She stated they are not in the real estate business and they are committed to providing high quality health care in the community and would like to do that as quickly as economically feasible.

Councilmember Hill asked given their current financial state, how do they intend to make a capital commitment to this site.

Ms. Best stated that even without their current financial state it does not change their approach to this project, the market has to support it. There was further discussion regarding the financial status of John Muir Mt. Diablo Health Systems.

Dorn Newhart, John Muir Mt. Diablo Health Systems, stated they need to flexibility to retain as much value as possible. He stated if they had the stability and the resources to start this project now they would be working to get it done. He urged council to approve this tonight.

There was discussion regarding the letter received from the Bypass Authority and the driveway locations for the health center.

Bill Hadaller, 90 Liberty Lane, felt the sound of the helicopters would be an issue and felt that the City should not enter into an agreement with John Muir.

Laura M. Hoffmeister, Mayor of Concord, stated concern that there are competing resources for the money that will go into this project. There are needs to upgrade other facilities in East County. She felt there are needs in her community and felt that John Muir needs to look at to be sure they can adequately support all needs in the communities they serve.

Sandy Skaggs, Member of the John Muir Mt. Diablo Board of Directors, spoke regarding the benefits of John Muir coming to Brentwood. He felt that the City should stay with a local organization.

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

There was discussion regarding the parcel of property John Muir purchase and why they purchased more than they needed. Mr. Skaggs said he was unsure, but felt they should be able to make a profit on the additional land if they could.

Mayor McPoland asked about the profit that would be made on this land and asked what would be done with it. Mr. Skaggs stated that any profit that is made here would make it more likely that this project will go forward. In the worse circumstance, it would go towards the health system that already serves this community. There was further discussion regarding the profits that could be made on the property if John Muir decided to sell the property before building the hospital.

Mr. Terrill spoke regarding Councilmember Hill's question regarding subdividing property. Out of the fifty-seven acres, approximately 7.8 acres are right of way and there is approximately four million dollars in infrastructure that needs to be in place. He stated they would have preferred to buy a smaller site.

Councilmember Petrovich stated his proposal is to have John Muir start the building in three years and finish it in four years. He felt it is important to have a health care facility in the City for the residents.

Councilmember Beckstrand asked if permits were pulled on the five-year date; how long would John Muir have to break ground. Mr. Oshinsky stated they would have to break ground in six months and the development agreement states there is no completion date for the medical facility and building would have to commence within five years. Councilmember Beckstrand asked if there was a way the City could get assurance that, any income they receive from other uses of the acreage be redirected specifically to the Brentwood medical uses. Mr. Beougher stated that there was not, they could use it wherever they find appropriate.

Councilmember Gomes felt there were last minute items arising that he felt people were not made aware of. He stated the conceptual map does not show twelve acres of retail and that map is what was shown to the public. He felt the City needs the trauma center with a helipad.

Councilmember Hill felt that the twelve acres of retail was not exposed to the public to the extent that the conceptual map was. He stated he wants the facility built, but stated he was concerned with language that the development agreement governs. He stated he was comfortable with the fee freeze on the medical facilities on the campus and that is the only part where he would like to see the fee freeze in effect.

Mr. Oshinsky clarified that in the written materials that Muir had submitted there was discussion about mixed uses from the beginning but that it had never been shown on a map.

Councilmember Petrovich was aware of the mixed uses, but he had thought it was mixed uses related to the medical field.

Mayor McPoland stated he wants the medical facility built, but the letter sent by the Bypass Authority disturbed him and wanted more clarification on the development agreement and the lane uses.

There was council discussion regarding the letter sent by the Bypass Authority, the location of the retail, and the freezing of the fees.

It was moved/seconded by Hill/Petrovich to continue action until June 26, 2001. Motion carried unanimously.

Council took a break at 9:50 p.m. and reconvened at 10:00 p.m.

It was moved/seconded by Petrovich/Beckstrand to move item no. 30 up on the agenda. Motion carried unanimously.

NEW BUSINESS
30. Discussion regarding possible use of detention basin located between Windsor Way and Sycamore Drive.

Craig Bronzan, Director of Parks and Recreation, stated the detention basin had originally been planned as a park and that does not match the wants of the surrounding community, which wants to have a new resource center built. He stated this is not included in the budget and asked for Council direction.

Olivia Ruiz, Recreation Supervisor, spoke about the services the resource center provides and spoke about how expanding the center would allow them to deliver more services to the surrounding community.

Residents from the village drive area spoke in favor of building a new resource center and its benefits to the community.

Councilmember Mc Poland asked about the size of the site and how large of a facility it would accommodate. Ms. Ruiz stated it was on a two-acre site and they would like to see a facility with that will accommodate large community events, a kitchen, two classrooms, and a theatre for performances.

There was Council discussion regarding various funding sources for this, such as grants.

Council direct staff to develop a plan for this site and bring it back for further consideration.

PUBLIC HEARINGS

22. Consideration of a Resolution establishing a Residential Growth Management Program to provide for the review and evaluation of residential growth in the City.

Mayor McPoland opened the public hearing

It was moved/seconded by Hill/Petrovich to continue the Public Hearing to June 27, 2001 at 6:00 p.m.

23. Consideration of a Resolution adopting operating budgets for Fiscal Years 2001/02 and 2002/03.

Pamela Ehler, Director of Finance and Information Systems, introduced the staff report and stated they had implemented the Council's recommendations.

The Public Hearing was opened, there being no one wishing to speak it was closed.

Resolution No. 2310

A Resolution of the City Council of the City of Brentwood adopting the 2001/02-2002/03 Final Budget for the City of Brentwood

It was moved/seconded by Gomes/Beckstrand that the full reading of Resolution No. 2310 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

24. Consideration of a Resolution amending Resolution No. 2198, establishing a fee structure for the Aquatic Complex.

Sue Barry, Recreation Services Supervisor, introduced the staff report.

Mayor McPoland asked how the schedule for the rental of the entire facility would be done. Ms. Barry stated it would be scheduled around normal hours.

Councilmember Petrovich stated he would like to have normal business hours on Saturday and Sunday excluded from rental or the facility.

Councilmember Beckstrand stated she did not want to see the regular hours interrupted.

Councilmember Petrovich asked that a rental schedule be posted.

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

Resolution No. 2311

A Resolution of the City Council of the City of Brentwood amending Master Fee schedule Resolution No. 2198 revising the City's Service fees to include swim rental fees

It was moved/seconded by Hill/Petrovich that the full reading of Resolution No. 2311 be waived and that the same be adopted as recommended by staff and adding a rental schedule calendar. Motion carried by the following vote:

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

25. Consideration of an Ordinance approving a Settlement and Development Agreement between the City of Brentwood and Blackhawk/Nunn.

Dennis Beougher, City Attorney, introduced the staff report and stated this item memorializes the agreement that was done in the past.

Councilmember Beckstrand asked about the freezing of the fees, Mr. Beougher stated that the effective date of the freezing of the fees was March 1, 2001 and effective for five years.

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

Ordinance No. 672

An Ordinance of the City Council of the City of Brentwood approving the settlement and development agreement between Blackhawk/Nunn and the City of Brentwood concerning the property commonly known as Summerset, Bacchini/Borello, CBN, and Cox/Blackhawk/Nunn sites

It was moved/seconded by Petrovich/Hill that the first reading of Ordinance No. 672 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

26. Consideration of Ordinances amending Planned Development (PD) 40 and 42.

a. Zoning Amendment to Planned Development 40 eliminating the area designated as Subarea "B". This property is generally located south of Sand Creek Road and west of Brentwood Boulevard.
b. Zoning Amendment to Planned Development 42, adding the area designated as Subarea "B" of PD-40 and adopting development standards for the Planned Development.

Debbie Hill, Associate planner, introduced the staff report and stated one item of concern was the applicant would like to seen a density changed on the PD-42 for the residential portion from eight to twelve units per acre and they also wish to see drive through establishments in Subarea C of PD-42 as a conditionally permitted use.

Howard Sword, Economic Development Manager, spoke regarding the property had been designated about eighty-percent residential and the City had initiated a rezone of the property and they had agreed to increase the density on the residential to free up land for commercial uses.

Art Lorenzini, CP Management, stated they felt the use that would help to drive the economic development in that area would be at least ten acres of medium density residential. He would also like to have the drive-thru as a conditional use for Subarea C.

Councilmember Petrovich asked what they were requesting in terms of residential. Mr. Lorenzini stated they would like to have in the condition that it could be built up to 120 units of residential, which would be town homes.

There was discussion regarding the entrance to the residential area and if it would be a gated community.

Mayor McPoland opened the Public Hearing

Councilmember Gomes felt the City should maintain the mid-range policy and support the Planning Commissions recommendation.

Councilmember Petrovich stated he liked the idea of town homes in that area.

The item was referred to the Housing Subcommittee and the Public Hearing was continued to June 26, 2001.

27. Consideration of an amendment to Planned Development No. 47 creating development standards for Subarea "B" within PD-47 allowing for the construction of a 19,950 sq. ft. office, commercial and flex tech building on a 1.32 acre site, located west of Walnut Boulevard and south of Continente Avenue.
Jeff Zilm, Associate Planner, introduced the staff report.

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

Ordinance No. 673

An ordinance of the City Council of the City of Brentwood to amend Planned Development No. 47 by adding Development standards for Subarea "B" within PD-47 located west of Walnut Boulevard and South of Continente Avenue

It was moved/seconded by Gomes/Petrovich that the first reading of Ordinance No. 673 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
28. Approve a Resolution adopting the 2001/02 Brentwood Redevelopment Agency Budget.

Ms. Ehler introduced the staff report.

Resolution No. 2312

A Resolution of the City Council of the City of Brentwood adopting the Fiscal Year 2001/02 budget and accepting a loan from the City of Brentwood in the amount of $465,000 to the Redevelopment Agency Administrative Funds.

It was moved/seconded by Petrovich/Beckstrand that the full reading of Resolution No. 2312 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

29. Approve a Resolution adopting the 2001/02 Prop 4 Appropriation Limit.

Ms. Ehler introduced the staff report.

Resolution No. 2313

A Resolution of the City Council of the City of Brentwood approving and adopting the Prop 4 appropriation limit for the fiscal year of 2001/02

It was moved/seconded by Petrovich/Beckstrand that the full reading of Resolution No. 2313 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: Noneossible use of detention basin located between Windsor Way and Sycamore Drive.
31. Approve the removal of Sycamore trees in Garin Ranch Subdivision and replace with Chinese Hackberries.

Jon Carlson, Acting Public Works Director, introduced the staff report and stated the trees that were planted five years ago are shallow rooted trees that will destroy the sidewalks.

Mayor McPoland asked if the trees would be comparable to what is currently in place. Mr. Carlson answered that they would be slightly smaller. At full maturity, they would be of a similar size.

In answer to Councilmember Beckstrand question regarding the trees dropping fruit, Mr. Carlson answered that these trees do not drop fruit.

There was discussion regarding the contract and the prices for pulling the trees out. Mr. Carlson gave a visual presentation on the tree.

Resolution No. 2314

A resolution of the City Council of the City of Brentwood approving the removal of Sycamore Trees at Garin Ranch and Replace with Chinese Hackberries

It was moved/seconded by Beckstrand/Gomes that the full reading of Resolution No. 2314 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

32. Clarification of land use designation for Reinhard Property south of Lone Tree Way.

Item was referred to the Economic Development Subcommittee

33. Approve the restriping of street parking as recommended by the City Engineer to increase the total number of parking stalls downtown by 15, and direct staff to continue working with the Downtown Parking Task Force to increase parking downtown.

John Stevenson, City Engineer, introduced the staff report.

Councilmember Hill stated that a space on First Street and Chestnut Avenue was missed on the plan. He asked that staff try to do the staffing while school was on break and to try to be sensitive to traffic patterns.

It was moved/seconded by Gomes/Petrovich to approve the restriping of street parking as recommended by the City Engineer to increase the total number of parking stalls downtown by 17, and direct staff to continue working with the Downtown Parking Task Force to look for opportunities to increase parking in the downtown area. Motion carried unanimously.

34. Discussion regarding the Park and Recreation Commissions recommendation for priority use of fields/facilities.

Mr. DeSilva introduced the staff report and stated the basic two users were the non City sponsored teams or leagues and the City sponsored.

There was discussion about the make-up of the various teams in neighboring cities, and it was stated many of these teams have a majority of Brentwood residents on them.

Councilmember Gomes felt that because the residents pay a park maintenance fee, they should receive priority for the use of City pay for use facilities.

Councilmember Hill felt that groups do not organize by residency and until the City has self-contained city for all of the facilities there are going to be some trade offs between the communities.

There was Council discussion regarding the priority use of fields over teams from other cities.

It was moved/seconded by Gomes/Petrovich to approve 1) That user groups self-enforce facility use assignments: strongly urge the schedulers to assign Brentwood residents' participation at Brentwood facilities; and 2) Offer early registration for Brentwood residents, possibly the first week of the existing registration period. Motion carried unanimously.

35. Council discussion relating to processing of residential projects above the mid-range density.

Councilmember Hill stated he had a conflict on this item and stepped down.

Mr. Leana introduced the staff report and stated an application on a small tentative map had been received in the Harvest Business Park that contained five lots above the mid-range. The map had been revised to incorporate a half-acre for a future office building. It reduced the amount of lots, but the acreage for residential was still four lots above the mid-range.

Mayor McPoland felt an amenity to this would be the additional commercial property built by the developer.

Councilmember Gomes stated his support on this item because he felt the increase from mid-range is small for this project and it would create additional jobs.

Councilmember Beckstrand asked what the square footage was of the proposed office building. Mr. Leana stated it was 6800 square feet.

It was moved/seconded by Beckstrand/Gomes to approve the submittal of a tentative subdivision map to create 18 single family lots on the 4.34 acres (4.15 du/ac.) on the east side of Guthrie Lane across from the BUSD offices. Motion carried with Councilmember Hill abstaining.

36. Discussion regarding the Park and Recreation Commission recommendation for the naming/dedication of City facilities.

Craig Bronzan, Director of Parks and Recreation, introduced the staff report and stated there was not a standard policy on naming facilities or accept dedications.

Councilmember Hill felt naming facilities after individuals may not be in the best interest of the community and to keep the prominence of the facility more generic in nature; they should dedicate parts of the facility such as a gazebo or bench within a park.

Councilmember Beckstrand felt naming parks geographically would fit with the way it is currently done and it is easier for residents to find.

Councilmember Petrovich felt if a person is deserving of recognition it would be fine to name a facility or park after them and there should not stringent criteria.

It was moved/seconded by Gomes/Petrovich to approve the Parks and Recreation Commission recommendation with section 4.4 being removed. Motion carried unanimously.

37. Approve the League of California Cities Proposed Bylaws Amendment to increase dues to implement League Grassroots Network.
Mr. Elam introduced the staff report.
It was moved/seconded by Petrovich/Gomes to approve the League bylaws amendment, which will implement a statewide Grassroots Network to protect local control and reduce the likelihood of city revenues being taken by the State. The city's share of this important effort will mean an increase of $2,241 in League dues. Motion carried unanimously.
38. Consideration of request to provide $5,000 to co-sponsor the Professional Bowling Tournament at Harvest Park Bowl.
Councilmember Hill stepped down from this item.
Mr. Elam introduced staff report.
Mayor McPoland stated this had been done on a yearly basis and felt it was a worthwhile event.
Councilmember Petrovich stated his opposition to this item, he felt the City gave the Chamber of Commerce money for marketing and they should handle this.
Councilmember Beckstrand felt the draw for media coverage is not as great for the Senior PBA as it is for the PBA; but it does draw a lot of business to the City.
It was moved/seconded by Gomes/Beckstrand to provide $5,000 to help co-sponsor the July 1-5th Professional Bowling Tournament at the Harvest Park Bowl. Motion carried with Councilmember Petrovich voting no and Councilmember Hill abstaining.

OLD BUSINESS
39. Further consideration of a Resolution adopting affordable housing guidelines to implement affordable housing requirement for KB Homes, CA Orchard Subdivision (TSM8199) located on Walnut Blvd.
Winston Rhodes, Associate Planner, introduced the staff report and stated this relates to the previous implementation of direction to staff and memorializes the previous affordable housing agreement with KB Homes for twenty-units of affordable housing in exchange for 145 unit density bonus. The maximum income for a four person low-income household is $53,800 according to HUD. An in lieu fee would not necessarily produce any housing or achieve the specific policy objective specified in the housing element. In lieu fees are usually utilized on smaller projects, less than ten total units, this is a project of approximately two hundred units. The amount of the fee is set upon what it would cost provide new affordable housing opportunities and whether the City wants to encourage developers to satisfy affordable housing requirements by paying a fee rather than building the units.

Councilmember Beckstrand asked if the Council decides to go with inclusionary housing whose responsibility would it be to process the application process. Mr. Rhodes stated it would be the developer's responsibility to administer the program. Councilmember Beckstrand then asked if it the City would be liable for homes that did not sell or that were defaulted upon. Mr. Beougher stated it would be the City's responsibility to assist the developer in creating an eligibility list.

There was Council discussion regarding home equity that would be available to the buyers. Mr. Rhodes stated the buyers would be able to sell the home and retain the equity, it is jus that they have received a subsidy and in order to make sure that it continues to be available the price controls would be recorded against the property.

Councilmember Petrovich spoke regarding the amount of homes that are owner occupied in other cities and the lack of monitoring of it. Mr. Beougher stated that if that happens the owner would have to notify the City and if they are in default of the contract, the City could require them to move out and find another qualified buyer for that house.

Councilmember Petrovich spoke about other low-income programs that are available if the in lieu of fee is chosen and homes that are currently listed in the City.

Councilmember Hill felt that the housing market needs affordable housing that is new and not older homes that may have many problems. He spoke in support of having KB Homes building units.

Jim Schmitt, Manager Forward Planning KB Homes, spoke about guidelines for individual home buyers, and stated KB Homes would prefer to offer the homes to qualified buyers at large and not on a preferential basis. If the City wants to target specific groups, he requested that the City provide the marketing or list of homebuyers on city letterhead. He also requested that the thirty-year resale request be dropped to twenty-years if the lenders individual mortgage requirements state that.

Councilmember Hill stated he was fine with the interpretation of twenty years to occur if the lender required it.

Councilmember Petrovich stated he was not opposed to loan income projects, just this particular program.

Resolution No. 2315

A Resolution of the City Council of the City of Brentwood approving the affordable housing guidelines for KB Homes California Orchard Subdivision (TSM 8199)

It was moved/seconded by Hill/Gomes that the full reading of Resolution No. 2315 be waived and that the same be adopted as recommended by staff and adding language regarding marketing preferences and time limits for CHAPA funding. Motion carried by the following vote:

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

REQUESTS FOR FUTURE AGENDA ITEMS

Councilmember Gomes requested an item regarding a time limit for Council meetings.

There being no further business the meeting was adjourned to Monday June 25, 2001 at 7:00 p.m.

Respectfully Submitted,

Margaret Wimberly
Administrative Assistant II

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