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Current Council Agenda and Past Meeting Information

CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
Minutes of July 10, 2001

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

ROLL CALL
Present: Councilmembers Gomes, Hill, Petrovich, Mayor McPoland
Absent: Councilmember Beckstrand

PRESENTATIONS 

Jon Elam, City Manager, introduced David Castle, Police Officer; Jason Tonkel, Police Officer; Heidi Ellsworth, Parks Maintenance Worker I; Anna Chuey, Administrative Assistant II;and Brenda Capello, Finance; as new employees and Mayor McPoland administered the Oath of Office. 

Mayor McPoland presented the proclamation to Karen Rarey, Chairman of Parks and Recreation Commission, proclaiming July as National Park and Recreation Month.

AGENDA REVIEW

Motion to add the following item to the consent calendar agenda (item #9A) on the basis that the item came to the attention of staff after the agenda was posted. (Gov’t Code 54956.5):

Approve a Resolution authorizing the City Engineer and City Attorney to negotiate and sign an agreement with the City of Torrance, California, for the rights to the at grade crossing closed by the City of Torrance to facilitate the Public Utilities Commission approval of Brentwood’s new Sand Creek Road crossing of the Union Pacific Railroad, and authorizing the City Engineer to continue negotiations with San Joaquin County and Torrance for the purchase of a second railroad crossing.

It was moved/seconded by Hill/Petrovich to add Item No. 9A to the Consent Calendar. Motion carried with Councilmember Beckstrand being absent.

Item No. 14 Revised Resolution and Ordinance.

Item No. 16 Correspondence from Councilmember Beckstrand.

Item No. 17 Revised map.

It was moved/seconded by Hill/Petrovich to add number 19 to the Council agenda for discussion regarding parking enforcement during the Cornfest. Motion carried with Councilmember Beckstrand being absent.

CITIZEN COMMENTS - None

CONSENT CALENDAR

Approved Minutes of June 26 & 29, 2001. 

Rejected the claim presented by Lora Mesina as recommended by the City’s third-party insurance adjuster, Contra Costa County Municipal Risk Management Insurance Authority and the City Attorney.

Approved the second reading of Ordinance No. 673 adding section 9.48.075 to the municipal code requiring the wearing of safety gear at the Brentwood Skate Park. (Pulled for further discussion)

Approved second reading of Ordinance No. 674 approving Zoning Amendment to Planned Development 40 eliminating the area designated as Subarea “B”; and Ordinance No. 675 approving Zoning Amendment to Planned Development 42, adding the area designated as Subarea “B” of PD-40 and adopting development standards for the Planned Development. This property is generally located south of Sand Creek Road and west of Brentwood Boulevard

Approved Resolution No. 2327 authorizing and approving the application for grant funds for the Per Capita Grant Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 and authorizing the Park and Recreation Director to conduct all negotiations and execute and submit all documents which may be necessary for the completion of the projects.

Approved Resolution No. 2328 accepting the public improvements in SPA ‘L’ (CIFP 98-1) for maintenance, accepting the Maintenance Bond for SPA ‘L’, by SPA ‘L’ Builders, located south of Minnesota Avenue, east of Fairview Avenue and west of the Union Pacific Railroad tracks. 

Approve a Resolution approving the Brookfield Homes Reimbursement Agreement for construction of the Roddy Ranch Non-Potable Waterline (“Agreement”), and authorizing the City Manager to execute the Agreement. (Pulled for further discussion)

Approve the City Manager to enter into a contract with Julie Mason, Biddy Sports Programs to provide pre-school basketball, flag football, and indoor and outdoor soccer

Set August 14, 2001 as the hearing date for the appeal filed on TSM 8424 - Yamanaka Property, located north of Chestnut Street and east of the future Garin Parkway extension.  

Approved Resolution No. 2329 authorizing the City Engineer and City Attorney to negotiate and sign an agreement with the City of Torrance, California for the rights to the at grade crossing closed by the City of Torrance to facilitate the Public Utilities Commission approval of Brentwood’s new Sand Creek Road crossing of the Union Pacific Railroad, and authorizing the City Engineer to continue negotiations with San Joaquin County and Torrance for the purchase of a second railroad crossing.

Item Nos. 3 and 7 were pulled from the Consent Calendar for further discussion. 

It was moved/seconded by Petrovich/Gomes to approved Consent Calendar items 1, 2–6 and 8–9A as recommended by staff. Motion carried with Councilmember Beckstrand being absent.

Item No. 3 

Councilmember Hill requested further information on signage and enforcement for the use of bikes at the Skate Park.

Craig Bronzan, Director of Parks and Recreation, explained that the Parks and Recreation Department are meeting with the Police Department and the Skate Taskforce and they will be bringing the rules and regulations to Council in November. 

In answer to Mayor McPoland’s question regarding State Ordinances on skate parks, Mr. Bronzan answered that the City has adopted the required ordinances.

It was moved/seconded by Hill/Gomes to approve the Second Reading of Ordinance No. 673 adding section 9.48.075 to the municipal code requiring the wearing of safety gear at the Brentwood Skate Park as recommended by staff. Motion carried with Councilmember Beckstrand being absent.

Item No. 7

Councilmember Hill asked for clarification on the relationship between Roddy Ranch, Brookfield Homes and the City and that there had been numerous reports regarding the financial stability of Roddy Ranch project. He was concerned that the City may be left with financial responsibility for capital improvements as far as the reimbursement schedule.

John Stevenson, City Engineer, stated this agreement has protected the City. The City had met with the developers and Roddy Ranch and required them to oversize the pump station and the non-potable line going out to the golf course for carrying the irrigation water necessary for the Roddy Ranch golf course and the Suncal and Brookfield golf courses as well and some city parkway and median strips. This agreement deals with Brookfield paying their portion of the cost. 

Dennis Beougher, City Attorney, stated that the reimbursement agreement ensures that the City would make a good faith effort to collect from developers who will tap into the Roddy Ranch non-potable water line. The City has accepted the dedication so anyone who does connect the City is obligated to collect the pro-rata share per the reimbursement agreement.

It was moved/seconded by Hill/Gomes to approve a Resolution No. 2330 approving the Brookfield Homes Reimbursement Agreement for construction of the Roddy Ranch Non-Potable Waterline (“Agreement”), and authorizing the City Manager to execute the Agreement. Motion carried with Councilmember Beckstrand being absent.

PUBLIC HEARINGS

Consideration of an ordinance amending Planned Development (PD) 26 to add Development Standards for a proposed new housing development in Planning Area 1, located south of Lone Tree Way, north of Minnesota Avenue, west of the Union Pacific Railroad tracks and east of Fairview Avenue. 

Debbie Hill, Associate Planner, introduced the staff report.

Mayor McPoland opened the public hearing.

Trevor McGinnis, Represents Applicant, stated they were excited about the project and stated there would be large lot sizes. 

Councilmember Hill asked for clarification on the lot sizes.

Mr. McGinnis stated he mentioned 15,000 square feet as an average and that some lots are as large as 22,000 square feet and the minimum lot size would be 14,000 square feet

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

Councilmember Hill asked about the distance of the driveway from the sidewalk. Ms. Hill stated the City requires twenty feet, but that most are larger than that, especially in the turning garages.

Ordinance No. 677

An Ordinance of the City Council of the City of Brentwood amending Planned Development Zone No. 26 by adding Development Standards for Planning Areas 1 and 2 located south of Lone Tree Way, North of Minnesota Avenue, east of Fairview Avenue and west of the Union Pacific Railroad Tracks

It was moved/seconded by Petrovich/Gomes that the first reading of Ordinance No. 677 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

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

Consideration of an ordinance amending Planned Development (PD) 35 by creating development standards for the project site generally located south of Lone Tree Way and west of Empire Avenue. Applicant: Arco Products Company.

Eric Nolthenius, Associate Planner, introduced the staff report and stated the Planning Commission had approved this item on June 5, 2001. 

Mayor McPoland asked if the Conditional Use Permit would come before Council. Mitch Oshinsky, Director of Community Development, stated the Planning Commission is the final authority on that unless it is appealed to Council. 

Councilmember Gomes asked what the general retail portion of this project would consist of. Mr. Nolthenius stated the gas station is the only parcel that has been looked at by the Planning Commission as far as a specific development. He stated the other types of uses that are listed for the other parcels include bakeries, bookstores, florists, ice cream parlors. 

There was discussion regarding the gas station and the layout. Mr. Nolthenius stated it would be approximately 2800 square feet and will have ten fuel dispensers. 

Mayor McPoland opened the public hearing.

Blithe Wilson, Representative of Arco products, felt this is a good project and stated they only had approval so far on the service station and they still needed to get approval for uses on the other two parcels.

Karen Rogge, 2321 Windy Springs, spoke in support of the project, and stated if they put a drive thru restaurant in she would like to see something that is not currently in the area.

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

Ordinance No. 678

An Ordinance of the City Council of the City of Brentwood Amending the Planned Development No. 35 Zone to establish development standards for a proposed gas station and general retail site, located at the southwest corner of Lone Tree Way and Empire Avenue and adoption of a Mitigated Negative Declaration for the project (APN'S 019-040-001 AND 019-040-002).

It was moved/seconded by Gomes/Petrovich that the first reading of Ordinance No. 678 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

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

Consideration of an ordinance amending Planned Development (PD) 20 by creating development standards for the project site located south of Balfour Road and east of the future John Muir Parkway (new Concord Avenue). Applicant: Arco Products Company.

Mr. Nolthenius introduced the staff report and stated this is the second site for the ARCO Company and is larger than the previous site. It has been divided up with a tentative subdivision map into six parcels.

Mayor McPoland opened the Public Hearing.

Blithe Wilson, representative ARCO products, stated he was in support of staff’s recommendation. 

Mayor McPoland asked what was planned for the other sites. Mr. Wilson stated those were still up for discussion and they are proposing a sit down restaurant, medical office buildings, retail, and a daycare center. 

Mayor McPoland stated the City was going to be sensitive about what would be allowed next to a medical center. 

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

Ordinance No. 679

An Ordinance of the City Council of the City of Brentwood amending the Planned Development No. 20 Zone to establish Development Standards for a proposed gas station site, located at the southeast corner of Balfour Road and the future John Muir Parkway (new Concord Avenue), and adoption of a mitigated negative declaration for the project (PORTION OF APN 010-010-002).

It was moved/seconded by Hill/Gomes that the first reading of Ordinance No. 679 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

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

Approve a Resolution amending the Master Fee Schedule Resolution No. 2198 to include a new fee of $25.10 for each and every new or revised lot or parcel. 

John Stevenson, City Engineer, introduced the staff report. This would allow City staff to continue working on inputting the infrastructure and help cover the computer mapping.

Mayor McPoland opened the Public Hearing. There being no one wishing to speak the hearing was closed.

Resolution No. 2331

A Resolution of the City Council of the City of Brentwood amending the Master Fee Schedule Resolution No. 2198 to include a new fee of $25.10 for each and every new or revised lot or parcel

It was moved/seconded by Gomes/Petrovich that the full reading of Resolution No. 2331 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

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

Consideration of an Ordinance calling and providing for a Municipal Bond Election for the purposes of submitting to the qualified electors of the City the proposition of whether bonded indebtedness of the City should be incurred for the purpose herein set forth; declaring the amount of bonds proposed to be issued and the maximum rate of interest to be paid thereon; making provisions for the levy and collection of taxes; fixing the date of said election and the manner of holding the same and the procedure for voting for or against said proposition; and providing for notice of said election; and a Resolution determining that the Public Interest and Necessity demand the acquisition, construction, and completion by the City of the following municipal improvement, to wit: a new police station, including construction of facilities, works, property or structures necessary or convenient for said improvement for the City, and that the cost of said Municipal Improvement for the City; and that the cost of said municipal improvement will require an expenditure greater than the amount allowed therefore by the annual tax levy. 

Mr. Elam introduced the staff report and stated this would allow the Police Department to build a facility that would keep them in one building and relieve overcrowding and increase efficiency and function. The Subcommittee recommended that six million dollars of this be done as a bond issue with a tax levy of approximately twenty-nine dollars per parcel per year.

Mayor McPoland asked for clarification on the tax levy. It was stated the way a general obligation bond works is that the debt service on the bonds is apportioned to all properties in the City based on the assessed valuation of the property and a tax rate for the particular year is established that generates enough money to pay the debt services in that year. The estimates are based on an average assessed value of a $300,000 home would be $29.00. When this goes to the ballot a tax rate statement will be included with the ballot materials and it will explain how much per $100,000 in assessed value the rate would be.

There was Council discussion regarding the project.

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

Ordinance No. 680

An Ordinance of the City Council of the City of Brentwood State of California, calling and providing for a municipal bond election for the purposes of submitting to the qualified electors of said City the proposition of whether bonded indebtedness of said City should be incurred for the purpose herein set forth; declaring the amount of bonds proposed to be issued and the maximum rate of interest to be paid thereon; making provisions for the levy and collection of taxes; fixing the date of said election and the manner of holding the same and the procedure for voting for or against; and providing for notice of said election.

It was moved/seconded by Gomes/Petrovich that the first reading of Ordinance No. 680 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

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

Resolution No. 2332

A Resolution of the City Council of the City of Brentwood determining that the Public interest and necessity demand the acquisition, construction, and completion by the City of Brentwood of the following municipal improvement, to wit; a new police station including construction of facilities, works, property or structures necessary or convenient for said municipal improvement for the City of Brentwood; and that the cost of said municipal improvement will require an expenditure greater than the amount allowed therefore by the annual tax levy

It was moved/seconded by Gomes/Petrovich that the full reading of Resolution No. 2332 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

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

The Council recessed for a break at 8:23 p.m. The meeting reconvened at 8:28 p.m.

PRESENTATIONS

Mr. Elam introduced Jennifer Klinge, Police Officer, as a new employee and Mayor McPoland administered the Oath of Office.

PUBLIC HEARINGS

Approve a Resolution approving the Final Engineer’s Reports, and confirming the annexations and new formations within the Consolidated Landscaping & Lighting Assessment Districts and the Citywide Park Maintenance District No. 98-1 to levy assessments for fiscal year 2001/02. 

Jennifer White, Francisco and Associates, introduced the staff report it was anticipated that five new annexations and one new formation would be created for the consolidated landscape and lighting district. If approved the City will collect approximately $795,000 to the LLD’s and $648,000 for the Park Maintenance District. 

Councilmember Gomes asked if any of the neighborhoods in the annexed areas would realize a savings. Ms. White stated it was an even trade.

Councilmember Petrovich asked what the annual dollar would be. Ms. White stated each district pays a varying amount based on the improvements that are maintained.

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

Mayor McPoland directed the designee of the City Clerk, Ms. White, to tabulate the ballots.

Mayor McPoland announced that there were six votes, which were all yes.

Resolution No. 2333

A Resolution of the City Council of the City of Brentwood confirming assessment diagram and assessment for fiscal year 2001/02 for landscape and lighting assessment districts nos. 94-1, 95-2, 95-3, 95-4, 95-5, 95-6, 95-7, 95-8, 97-1, 97-2, 97-3, 98-3, 98-4, 98-5, 99-3, 99-4, 99-5, 99-6, 99-7, 99-8, 99-9, 00-2, 00-3, 00-4, 01-1, and the Citywide Park Maintenance District No. 98-1 (Pursuant to the Landscaping and Lighting act of 1972)

It was moved/seconded by Petrovich/Hill that the full reading of Resolution No. 2333 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

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

OLD BUSINESS

Clarification of Land Use for Reinhard property south of Lone Tree Way. 

Mr. Oshinsky introduced the staff report and stated there were thirty-nine acres of retail and thirteen acres of Office park and approximately nineteen acres of residential on this site. Mr. Reinhard is requested the ability to have residential be restored to this site. This item had been referred to the Housing Subcommittee and the Economic Development Subcommittee. Both Subcommittees recommend the southerly nineteen acres be allowed to have either the high density residential or the office or a combination of the two, but that the middle portion of the site be maintained as non-residential. 

Councilmember Petrovich asked what the maximum number of units that would be allowed. Mr. Oshinsky stated it would be approximately four hundred and seventy five and that is at a very high density with a midrange of twenty-five units per acre over approximately nineteen acres. Councilmember Petrovich asked if this would be in the RGMP. Mr. Oshinsky stated it was in the Northwest Exemption area. 

Councilmember Hill stated he had visited a few of Mr. Reinhard’s management properties and after looking at the overall theme, he felt they were very well managed properties. 

Councilmember Hill spoke to the issues raised in Councilmember Beckstrand’s e-mail. He felt the emergency response times in this project were not different than any map or application and any impacts would still have to be mitigated. Regarding elementary schools he stated the state precludes the City from dealing with that issue. He felt with the units being small it would not create a large impact on the schools.

It was moved/seconded by Hill/Gomes to direct staff to take appropriate action to redesignate the southerly 19.12 acre portion of the Reinhard site to allow residential use. Motion carried with Councilmember Beckstrand being absent.

NEW BUSINESS

Report from Park and Recreation Commission regarding consideration of Dog Park. 

Janet Hansen, Parks Planner, introduced the staff report and that based on direction from the Parks and Recreation Commission, the park is going to be placed near the new Sand Creek Road.

In answer to Councilmember Hill’s question regarding maintenance of the dog park, Ms. Hansen stated that dog parks typically have their own set of rules and ordinances and the dog owners are responsible for cleaning up after their pets and typically bags are provided for the owners’ use.

Ms. Hansen stated there is a double gate for owners to be able to let the dogs run loose within the park. 

Councilmember Gomes asked about the liability for dogs that may attack each other or another pet owner. Mr. Boeugher stated there is an assumption of risk on the users of the park and the City would need to post that at the gates. 

It was moved/seconded by Hill/Gomes to accept the Park and Recreation Commission report regarding consideration of a dog park element in the proposed neighborhood park within the Ponderosa Homes, Carlisle Property development. Motion carried with Councilmember Beckstrand being absent.

Discussion regarding barking dogs. 

Item was continued to a date uncertain.

Discussion regarding parking enforcement during the Cornfest.

Mayor McPoland abstained from this item and turned the meeting over to Vice Mayor Petrovich.

Mr. Elam introduced the staff report and stated there had been a request from business owners along Oak Street to enforce parking restrictions during the Cornfest. 

There was Council discussion regarding traffic patterns along Oak Street and the various options. It was stated that if it was unlimited parking, people would park there and stay all day keeping people that want to use the businesses on Oak Street from parking near them.

Resolution No. 2334

A Resolution of the City Council of the City of Brentwood authorizing the City Engineer and City Police Chief to take all appropriate actions to place and enforce a two hour time limit on Oak Street between Brentwood Boulevard (Highway 4) and First Street for Saturday July 14, 2001 and Sunday July 15, 2001.

It was moved/seconded by Gomes/Hill that the first reading of Resolution No. 2334 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

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

CITIZEN COMMENTS

Karen Rogge, 2321 Windy Springs Lane, stated she did not receive a notice of public hearing for June 5, or tonight for Item No. 10. She stated she had concerns with the traffic this project would create on Fairview Avenue and there were residents on Fairview Avenue who were concerned with sewer and water issues.

In answer to Mayor McPoland who asked if the Public Hearing was advertised in the paper and if the notices had been mailed out, Mr. Oshinsky stated that it had been advertised and mailed out. 

Mr. Stevenson stated there would be water and sewer available for the residents on Fairview Avenue with connection charges. 

REQUESTS FOR FUTURE AGENDA ITEMS

Speaking on behalf of Councilmember Beckstrand, Mr. Beougher stated that Councilmember Beckstrand has requested that the City Attorney have an item to codify the Regional Growth Management Program into the Municipal Code.

There being no further business, the meeting adjourned at 9:16 p.m. to Monday July 16, 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