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Brentwood City Council 
Minutes of June 26, 2001

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

ROLL CALL
Present: Councilmembers Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
Absent: None

The meeting adjourned to closed session at 7:02 p.m.

CLOSED SESSION
Conference with Legal Counsel:
Anticipated litigation pursuant to Gov’t Code Section 54956.9(b): one case

Closed session adjourned at 7:24 p.m.

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

PRESENTATIONS 
A. Greg Robinson presented the City Council with Cornfest Sponsor shirts.

B. Kathy Leighton, Historical Society, thanked the Council for their support of the East Contra Costa County History Book.

C. Mayor McPoland with the assistance of Vice Mayor Petrovich presented Certificates of Recognition and City pins to the members of the Lightning Soccer Team who won the 2001 State Championship.

AGENDA REVIEW
Motion to add the following item to the consent calendar agenda (item #13A) on the basis that the item came to the addition of staff after the agenda was posted. (Gov’t Code 54956.5):

Approve a resolution authorizing execution of a Quitclaim Deed for a portion of Road “B” (aka Continente Avenue) of Brentwood Irrigated Farms Subdivision Number Three to Richard T. Aspray. (D. Beougher)

Item No. 14 Revised Ordinance. 

Item No. 15 Exhibit “A” to Resolution.

Item No. 18 Letter from Tom Bloomfield requesting continuance to July 10, 2001.

Item No. 19 E-mail from Frank Carrabello requesting continuance to July 10, 2001.

It was moved/seconded by Hill/Gomes to move item No. 18 before the Consent Calendar.

CITIZEN COMMENTS

Wes Tilton, 1875 Pheasant Run Terrace, thanked Council for their work on behalf of the residents.

Barbara Guise, Brentwood Arts Commission, spoke about the Concert in the Park series.

Tom Bloomfied, requested there be one complete document available for public review before the Agricultural Enterprise Program is adopted. 

18. Consideration of an Ordinance adopting an Agricultural Enterprise Program.

Mayor McPoland opened the Public Hearing.

It was moved/seconded by Hill/Gomes to continue the Public Hearing the August 14, 2001.

CONSENT CALENDAR

Approved Minutes of June 12, 2001. 

Approved Resolution No. 2316 authorizing the City Manager to renew the annual sewer service standby charge on vacant parcels within the city limits for Fiscal Year 2001/02. 

Approved Resolution No. 2317 authorizing the City Manager to renew the annual water service standby charge on vacant parcels within the city limits for Fiscal Year 2001/02. 

Approved second reading of Ordinance No. 672 approving a Settlement and Development Agreement between the City of Brentwood and Blackhawk/Nunn. 

Approved second reading of Ordinance No. 673 amending 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.

Authorized the City Manager to approve a change order in the amount of $24,000 with Granite Construction for completion of CIP project 336-3123, Oak and Third Street Improvements, and amend the CIP budget. 

Approved Resolution No. 2318 accepting the offers of dedication in fee and accepting all the public improvements for maintenance for the Park (Lot #14 of 8323 Final Map), by Lee Hancock Construction Inc., located north of Balfour Road and west of East Country Club Drive. 

Approved Resolution No. 2319 for payment of cost associated with the acceptance of work performed by J & M, Inc. for improvements to Water and Sewer Lines, Lone Tree Way, CIP Project No. 336-3129, and authorize a loan from the City of Brentwood to the Redevelopment Agency. 

Approved Resolution No. 2320 authorizing the City Manager to execute contract amendments for the extension of time for 14 professional design and service agreements, reflecting a new contract termination date of June 30, 2002. 

Approved Resolution No. 2321 approving and authorizing the City Manager to execute the "No Right of Way" Certification for Lone Tree Way Overlay/Improvements Project, CIP #336-3130. 

Authorized the City Engineer to execute a Consultant Services Agreement with William R. Gray & Company for the preparation of a Project Study Report in an amount not to exceed $40,000 and with Bellecci & Associates, Inc. for civil engineering planning services in an amount not to exceed $36,164 for preparation of a Project Study Report Equivalent for the future widening of Lone Tree Way between Fairview Avenue and Brentwood Boulevard, and amend the CIP budget sheet to initiate the project. 

Approved Resolution No. 2322 amending City Council Resolution No. 90-145 adding an additional area to the North Brentwood Redevelopment Survey Area and redescribing the boundaries of said Redevelopment Survey Area. 

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. (Pulled for further discussion)

13.       Approved Resolution No. 2323 authorizing execution of a Quitclaim Deed for a portion of Road “B” (aka Continente Avenue) of Brentwood Irrigated Farms Subdivision Number Three to Richard T. Aspray. 

Item No. 13 was pulled from the Consent Calendar for further discussion. 

It was moved/seconded by Gomes/Petrovich to approve Consent Calendar Items 1-12 and 13A as recommended by staff. Motion carried unanimously.

Item No. 13

It was moved/seconded by Hill/Beckstrand to continue this item to Friday, July 6, 2001 at 11:00 a.m. Motion carried unanimously. 

PUBLIC HEARINGS

Consideration of an Ordinance adding section 9.48.075 to the Municipal Code requiring the wearing of safety gear at the skate park.

Craig Bronzan, Director of Parks and Recreation, introduced the staff report and stated that if this were to pass it would be in effect when the park opens. 

Councilmember Beckstrand asked for clarification of the age limits in the Health and Safety Code. 

Mr. Bronzan stated the liability is limited for children over the age of fourteen if posted; and for children under the age of thirteen, liability is not waived. 

Mayor McPoland asked how age would be checked for children using the park. Mr. Bronzan stated ages would not be checked, because the facility would not be monitored.

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

Ordinance No. 673

An Ordinance of the City Council of the City of Brentwood Adding Section 9.48.075 to the Brentwood Municipal Code requiring the wearing to safety gear at the Brentwood Skate Park

It was moved/seconded by Gomes/Hill that the first reading of Ordinance No. 673 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

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

Consideration of a Resolution confirming the existence of a public nuisance by reason of keeping noxious weeds, creating a potential fire hazard on various properties throughout the City, and authorizing staff to contract for the abatement of certain parcels in noncompliance. 

In answer to Mayor McPoland regarding the abatement of all City properties, Bernice Arteaga, Code Enforcement Officer, stated all City properties have been abated.

Ms. Arteaga introduced the staff report and stated that notices were sent to eighty-seven property owners who were in violation of the code and on June 8, 2001 a second notice had been sent to twenty-five parcel owners who were still not in compliance. As of June 25, 2001, only seven parcels remain unabated and three properties have asked for extensions. The four remaining parcels would be given an additional fourteen days to comply and if the property remains unabated staff will review bids and contract for the abatement of those properties. 

There was discussion regarding which parcels have not been abated and the extensions that have been granted to the parcel owners that have contacted staff.

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

Resolution No. 2324

A Resolution of the City Council of the City of Brentwood confirming existence of a Public Nuisance by reason of keeping noxious weeds and/or combustible debris, therefore creating a potential fire hazard on various properties throughout the City and authorizing staff to contract for the abatement of those parcels

It was moved/seconded by Hill/Petrovich at the full reading of Resolution No. 2324 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

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

Continued 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. 
Mike Leana, Chief of Planning, introduced the staff report and stated the applicant wants to build a project on, Subarea D, that is twelve units per acre which is fifty-percent above mid range density. The change in land use would create an improvement in the jobs to housing balance. The use of drive-thru establishments has been requested as a conditional use by the applicant on the areas that front Brentwood Boulevard.

Councilmember Hill felt this the residential area for this project would be one of the only residential projects approved for the overall one hundred and six acres and that if it were built out with jobs and businesses the units would be absorbed. He felt these units would be more affordable than what is currently available.

Mayor McPoland opened the Public Hearing.

Art Lorenzini, Applicant, stated he was in concurrence with staff’s recommendation.

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

Councilmember Hill asked for clarification regarding the drive thru.

Mr. Leana stated the applicant would like to have the ability to have drive-thru as a conditional use in Subarea C. 

There was Council discussion regarding the use of a drive thru. Councilmember Hill felt that it would be ok to have a drive thru in Subarea C. Councilmember Gomes felt there were already too many drive-thru restaurants in the City.

Councilmember Beckstrand asked if the drive-thru use would be limited to a restaurant or if it would include banking uses. 

Mr. Leana stated that the comments at the Planning Commission had been associated with fast food. He stated there are prohibited uses in each of the Subareas; drive-thrus are included in the list of prohibited uses. 

Mayor McPoland felt that a drive-thru should be done a case-by-case basis and should be done as a conditional use. He stated there were other drive-thru uses that did not include fast food. 

Mitch Oshinsky, Director of Community Development, stated typically with fast food or restaurant the Municipal Code requires a conditional use permit because they have higher parking requirements.

Councilmember Petrovich stated he did not see a problem with having a drive-thru in that area. 

Ordinance No. 674

An Ordinance of the City Council of the City of Brentwood to amend Planned Development Zone No. 40 by eliminating the 3.57± acre area designated as Subarea B and including this area as part of PD-42. The property is generally located south of Sand Creek Road and West of Brentwood Boulevard

It was moved/seconded by Hill/Petrovich that first reading of Ordinance No. 674 be waived and that the same be adopted as recommended by staff and allowing drive-thrus in Subarea C with a Conditional Use Permit. Motion passed by the following vote:

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

Ordinance No. 675

An Ordinance of the City Council of the City of Brentwood to amend planned development Zone No. 42 by adding a 3.57± acre area formerly included as part PD-40, Subarea B, and by adding Development Standards for this area located south of Sand Creek Road and West of Brentwood Boulevard

It was moved/seconded by Hill/Petrovich that first reading of Ordinance No. 675 be waived and that the same be adopted as recommended by staff allowing drive-thrus in Subarea C with a Conditional Use Permit. Motion passed by the following vote:

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

Council took a break at 8:50 p.m. and reconvened at 8:55 p.m.

Approve a Resolution amending Resolution No. 2198 increasing the deposit amount for hydrant meters from $750.00 to $2,500.00. 

Donna Dywer, Utility Billing Supervisor, introduced the staff report.

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

Council directed staff to create a policy implementing fines for the theft of water.

Resolution No. 2325

A Resolution of the city Council of the City of Brentwood amending Resolution No. 2198 increasing the deposit amount for hydrant meters from $750.00 to $2,500.00

It was moved/seconded by Gomes/Hill that the full reading of Resolution No. 2325 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

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

NEW BUSINESS

Discussion regarding barking dogs. 

Item was continued to July 10, 2001.

There being no further business the meeting was adjourned.

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