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 CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
Minutes of September 25, 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, with Mayor McPoland presiding.

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

PRESENTATIONS 

A. Mayor McPoland read a proclamation for the 14th annual East County Hunger Walk Proclamation and presented to proclamation to a representative of Delta 2000.

AGENDA REVIEW
Mayor McPoland read correspondence from Assemblyman Canciamilla stating an event in remembrance and support of the victims and rescue workers would be held at the Chronicle Pavilion in Concord, on October 6, 2001.

CITIZEN COMMENTS - None

CONSENT CALENDAR

1. Approve Minutes of September 11, 2001. (Pulled for further discussion)

2. Approved Resolution No. 2367 amending Council Policy 10-4, City of Brentwood Investment Policy.

3. Approved Resolution No. 2368 accepting the offers of dedication in fee for Sunflower Lane, Dawnview Drive, Horne Court and Fairview Avenue Widening, the areas designated as “Public Utility Easements” or “PUE”, all abutters’ rights and sub surface and mineral rights for public use as shown on the Final Map, and accepting public improvements for maintenance (excluding the areas designated as parcels “A” and “B”), accepting the subdivision Maintenance Bond and Cash Bond for Parcels “A” and “B” and releasing the subdivision Performance and Payment Bonds for Subdivision 8146, Laurelwood Estates Unit 1 by Pulte Homes, located in SPA ”L” east of Fairview Avenue and south of Grant Street.

4. Approved Resolution No. 2369 accepting the offers of dedication in fee for right of way of Panwood Court, the areas designated as “Public Utility Easements” or “PUE,” all abutters’ rights and sub surface and mineral right for public use, as shown on the Final Map, and accepting public improvements for maintenance (except the areas designated as parcel “A”), accepting the subdivision Maintenance Bond, Cash Bond for Parcel “A” and releasing the subdivision Performance and Payment Bonds for Subdivision 8147, Laurelwood Estates Unit 3 by Pulte Homes, located in SPA ”L” east of Fairview Avenue and south of Grant Street.

5. Approved Resolution No. 2370 accepting the offers of dedication in fee for Chamomile Lane, Country Glen Lane, Ruebens Meadow Drive, Earl Glen Way, Yardley Place and Minnesota Avenue and Parcel “B” as an Emergency Vehicle Access and the areas designated as “Public Utility Easements” or “PUE,” all abutters’ rights and sub surface and mineral rights for public use as shown on the Final Map, and accepting public improvements for maintenance (excluding the areas designated as parcel “A”), accepting the subdivision Maintenance Bond and Cash Bond for Parcel “A” and releasing the subdivision Performance and Payment Bonds for Subdivision 8033, Ashton Place Unit 1 by Pulte Homes, located in SPA ”L” east of Minnesota Avenue and north of Sand Creek Road

6. Approved Resolution No. 2371 approving an agreement for purchase of a fee parcel with Jesus Valle (Guzman) and Carmen Valle, his wife, as joint tenants, as to an undivided ½ interest and Jesus R. Guzman Valle and Carmen Valle, husband and wife as joint tenants as to an undivided ½ interest, for a portion of real property identified as APN 018-150-039, generally located on the west side of Brentwood Boulevard between Sunrise Drive and Lone Tree Way, hereby accepting real property on behalf of the City, and authorizing the Mayor or City Manager and City Clerk or any of their designees to execute the agreement, and such other documents as may be needed to complete the transaction including acceptance of the Deed

7. Approved Resolution No. 2372 approving an agreement for purchase of a fee parcel with William Charles Walker and Keiran Jean Walker, as to an undivided 1/3 interest; Walter Lee Steward and Sylvia Lee Steward as to an undivided 1/3 interest and Keith James Burckard and Paula Lynn Burckard, as to an undivided 1/3 interest, all as Joint Tenants, for a portion of real property identified as APN 019-032-005 & 006, generally located on the south side of Lone Tree Way adjacent to the Highway 4 Bypass and east of Jeffery Way, hereby accepting real property on behalf of the City, and authorizing the Mayor or City Manager and City Clerk or any of their designees to execute the agreement, and such other documents as may be needed to complete the transaction including acceptance of the Deed

8. Approved Resolution No. 2373 accepting a loan in the amount of $1,000,000 from the City’s Water Facility Fee Fund to the City Water Enterprise

Item No. 1 was pulled from the agenda. 

It was moved/seconded by Petrovich/Beckstrand to approve Consent Calendar items 2-8 as recommended by staff. Motion carried unanimously.

Item No. 1
It was moved/seconded by Beckstrand/Petrovich to approve the minutes of September 11, 2001. Motion carried with Councilmember Hill abstaining. 

PUBLIC HEARINGS

9. Consideration of appeal by Wes Tilton concerning the denial of an Encroachment and Building Permit for Masonry Fence on Wildcat Lane.

John Stevenson, City Engineer, introduced the staff report and stated it is an appeal of staff’s denial of an encroachment permit, the applicant had requested an encroachment permit from the city to build a wall in front of the homes facing on to Wildcat Avenue. There was no permission given by the property owners with property fronting on to wildcat Avenue, nor was there any intent to get their permission. 

Councilmember Hill requested clarification on language that had been approved regarding this item. 

Mr. Stevenson stated the original application submitted by Richmond America was to built the wall at the property line. The planning commission denied the application and Mr. Tilton appealed that decision. The plan that was approved by City Council showed this wall as being fifteen feet behind the curb or five feet on property line. Mr. Stevenson felt that the Council’s decision was because it was on private property that it was an acceptable issue and Richmond American no longer owns property, it is owned by separate property owners and there is no easement. Mr. Tilton has no rights on that property.

Dennis Beougher, City Attorney, stated there had been a request for a variance for the height limitation for the wall that had been granted with an expiration of September 14, 2000 unless construction began. It was granted to Richmond American or its designated representative or successor in interest. 

Councilmember Hill stated his understanding of the original intent behind the wall was contemplated when the orientation of those lots were to be interior to the Richmond American subdivision versus fronting on Wildcat Lane. 

Mayor McPoland opened the public hearing.

Wes Tilton, Applicant, read a prepared statement to the Council regarding his appeal and presented a number of exhibits.

Joe Stancato, 940 Wildcat lane, spoke in opposition to the wall being placed on his property and felt it would create a visibility problem which could lead to health and safety issue.. 

Anneliese Steinmetz, 950 Wildcat Lane, stated she was opposed to the wall and felt it would create health and safety issues.

Michael E. Morris, 942 Wildcat Lane, spoke in opposition to the wall and stated he would not allow the wall to be built on his property.

Karen Morris, 942 Wildcat Lane, stated her opposition to the wall being placed on her property and felt their rights, as property owners, should be upheld. 

David Bevilaqua, 948 Wildcat Lane, felt building the wall in front of his home would create a dangerous situation with children that are playing in the streets, and that it would be an eyesore. 

Laura Bevilaqua, 948 Wildcat Lane, felt building a wall on her property presented a threat to public safety and that it would depreciate her property values. 

Bill Susoev, 944 Wildcat Lane, felt if a wall was installed in his yard it could endanger the lives of children playing in the street because it would block his view when backing out of his driveway. 

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

Mr. Tilton spoke further and asked the Council to issue the permit to build the fence. 

In answer to Mayor McPoland’s questions regarding the wall, Mr. Stevenson stated if the wall is built per the plan that was presented to the Council for the last appeal, that wall is fifteen feet behind the curb and that puts it on private property. If the Council overturned the denial, Mr. Tilton would not have the right to build the wall. If Council stated that it was alright to build the wall at the ten foot line in public right of way, then their could be an encroachment permit. Mr. Stevenson felt that would create an unsafe condition. Mr. Beougher concurred with Mr. Stevenson.

Councilmember Gomes stated he had followed this dispute since 1998 and the wall was not a condition of the tentative map or the City Council. The pheasant run homeowners association came to the city requesting a wall be built, and the City gave the homeowners association the right to negotiate the wall on Richmond Americans property, prior to the sale of the lots. 

Councilmember Petrovich concurred with Councilmember Gomes and stated recalls meeting the same way, no disclosure to property owners, person came to meeting that night quite amazed the way that was happening backed out of sales agreement.

Councilmember Beckstrand stated there are no easements no disclosures or any of the above pending and felt there was no legal basis for wall to be built on their properties without their explicit consent. She felt the homeowners should not have to continue to be bothered by an issue that was not disclosed in their purchase properties. She felt Mr. Tilton had a dispute with Richmond American and should find a way to resolve that and allow his neighbors to live peaceably in the community in which they purchased a home. 

Councilmember Hill felt the wall is not feasible. He felt the history of this item was important because the Pheasant Run Homeowners Association had raised legitimate concerns regarding the appropriateness of the map, based on the density and how it would harmonize with their properties. He felt the wall would only be practical if the properties were oriented interior to the subdivision. 

Mayor McPoland stated he was originally in favor of the wall when the lots were to be interior, but once they became exterior, the wall was not feasible. 

Councilmember Gomes stated he would not permit someone to build a wall on front of someone’s property, even if it was on the City easement because it would still affect the property owners. 

It was moved/seconded by Petrovich/Beckstrand to uphold the City Engineer’s denial of the applicants (Wes Tilton) request for an encroachment permit or a building permit to build a masonry fence in front of private property on Wildcat Lane without the property owners’ authorization. Motion carried unanimously.

Council took a break at 8:55 p.m. and reconvened at 9:10 p.m.

10. Continued consideration of an Ordinance and a Resolution approving the General Plan Amendment (GPA 00-02) and Rezoning (RZ 00-05) and an amendment to the Garin Ranch Specific Plan relating to the development of the Sciortino property, located on the north side of Oak Street adjacent to the Liberty High School Athletic fields. 

Mike Leana, Chief of Planning, introduced the staff report and stated that if the school district buys the property for a soccer field the school district will be able to use the property for whatever use they feel is necessary. The developer would be able to use the property as open space or they could apply for a general plan amendment, which would require a public hearing.

Mayor McPoland opened the Public Hearing. 

Dave Carlson, Carlson, Barbee and Gibson, stated he had met with the school district and their intent it to cooperate with the school district. 

Dan Smith, Superintended Liberty Union High School District, stated it is the intention of the school board to pursue the purchase of the property. 

There being no one else wishing to speak the public hearing was closed.

In answer to Councilmember Hill’s question regarding the conditions for senior housing, Mr. Leana stated it would have the same conditions they would need be allowed to build seventy five homes before they needed to obtain a building permit for the senior housing. 

Ordinance No. 688

An Ordinance of the City Council of the City of Brentwood rezoning 29.64+ acres (RZ 00-05) from Planned Development Seventeen (PD-17) to planned development thirty (PD-30) for a mix of 23.64 acres of single family residental, 3.26 acres of senior apartments and a 2.74 acre neighborhood park and adding Chapter acre neighborhood park and adding chapter 17.480 of the Brentwood Municipal Code (Planned Development Zone 30) establishing development standards for Subarea ‘A’ of zoning district PD-30, located on the North dise of Oak Street adjacent to the Liberty High School Athletic Facilities. (APN 013-212-005)

It was moved/seconded by Gomes/Beckstrand that the first reading of Ordinance No. 688 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

Resolution No. 2374

A Resolution of the City Council of the City of Brentwood approving General Plan Land amendment (GPA 00-02) on 29.64 acres from medium density residential to 23.64 acres of low density residential, 3.26 acres of high density residential and a 2.74 acre neighborhood park and a specific plan amendment to the Garin Ranch Specific Plan from a mix of small single family, townhouse/condominiums, and a park to a mix of single family senior apartments and a park for a property generally located along the North side of Oak Street adjacent to the Liberty High School Athletic facilities filed by Schuler Homes. ( APN 013-212-005)

It was moved/seconded by Beckstrand/Gomes that the full reading of Resolution No 2374 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

11. Consideration of an Ordinance repealing Chapter 8.36 of the Municipal Code dealing with restrictions on tobacco advertising promotions within 1600 feet of schools. 

Dennis Beougher, City Attorney, introduced the staff report.

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

Ordinance No. 689

An Ordinance of the City Council of the City of Brentwood repealing chapter 8.36, restrictions on tobacco advertising promotion

It was moved/seconded by Hill/Petrovich that the first reading of Ordinance No. 689 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

12. Approve an Ordinance amending Brentwood Municipal Code Chapter 2.44, Section 2.44.030(A) regarding membership boundaries for Arts Commissioners.

Craig Bronzan, Director of Parks and Recreation, introduced the staff report.

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

Ordinance No. 670

An Ordinance of the City Council of the City of Brentwood to amend Chapter 2.44 Arts Commission, Section 2.44.030A of the Brentwood Municipal Code to change current membership boundaries to residents of the City of Brentwood

It was moved/seconded by Petrovich/Hill that the first reading of Ordinance No. 670 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

OLD BUSINESS

13. Report on joint use meeting of user groups for Brentwood Family Aquatic Complex. 

Mr. Bronzan stated the Parks and Recreation staff had met with the user groups of the Brentwood Family Aquatic Center and they have been able to work out a schedule that gives everyone use of the pool. He stated they would meet again in a few months to work out a spring schedule. 

Councilmember Beckstrand asked how many lanes were in the lap pool. Mr. Bronzan stated there was the ability for sixteen lanes. 

It was moved/seconded by Hill/Petrovich to accept the report on user groups for the Brentwood Family Aquatic Complex. Motion carried unanimously.

NEW BUSINESS

14. Consideration of an eight-month time extension of the Jeffry Development Agreement for the Walnut Technology Center located at Walnut and Continente Avenue. 

Item was continued to October 9, 2001.

15. Amend the Brentwood Education and Technology Center (BETC) Budget and Approve the Technology Incubator Rent Structure. 

Howard Sword, Director of Economic Development, introduced the staff report and stated there were three basic costs categories and even with the contingencies, the technology budget had been underestimated. 

Mayor McPoland asked about the fire sprinkler failure at the center. Mr. Sword stated they were having the system tested to ensure that will not happen when the building is occupied and that it is an extremely rare event. . 

It was moved/seconded by Beckstrand/Gomes to amend the Brentwood Education and Technology Center (BETC) Construction and FF&E Budget and Approve the Technology Incubator Rent Structure. Motion carried unanimously.

16. Approve the “Streets Cooperative Agreement” between the City of Antioch and the City of Brentwood regarding the development of the southeast corner of Lone Tree Way and Heidorn Ranch Road. 

John Stevenson, City Engineer, introduced the staff reported and stated this agreement that has been negotiated with the City of Antioch which has an ordinance which requires intersections to be a minimum of eight hundred feet apart. He stated it has been an ongoing concern with the Home Depot site; the developer of the site redesigned their site and arrived at a proposed dimension of six hundred and ninety six feet. They had prearranged with the Director of Public Works and the City Engineer in Antioch that anything over six hundred feet would be acceptable. 

It was moved/seconded by Hill/Gomes to approve the “Streets Cooperative Agreement” between the City of Antioch and the City of Brentwood regarding development of the southeast corner of Lone Tree Way/Heidorn Ranch Road, and authorize the Mayor and City Attorney to sign the document on behalf of the City. Motion carried unanimously.

17. Approve a Resolution amending the CIP Budget Sheet reflecting the Funding for this fiscal year for Brentwood Boulevard Parking Lot (CIP Project No. 336-3125) located on the east side of Brentwood Boulevard and north of Chestnut Street. 

Mr. Stevenson introduced the staff report and stated this item would update the CIP project sheet and the item on the Redevelopment Agenda approves the contract for construction. 

Resolution No. 2375

A Resolution of the City Council of the City of Brentwood amending the CIP Budget Sheet reflecting the Funding for this fiscal year for Brentwood Boulevard Parking Lot (CIP Project No. 336-3125) located on the east side of Brentwood Boulevard and north of Chestnut Street.

It was moved/seconded by Petrovich/Gomes that the full reading of Resolution No. 2375 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

CITIZEN COMMENTS - None

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

Councilmember Hill reported on the Housing Subcommittee and stated they had met with representatives of Lafferty Homes and residents of Birchwood Estates. He felt the City has gone a long way to help facilitate the discussion ensuring Lafferty’s participation and holding them accountable, but at some point the issues move past the City’s issues and moves to a litigation session between the homeowners and home builder. They had also met with the Catholic Church, and Braddock and Logan about reorienting the site maps. 

REQUESTS FOR FUTURE AGENDA ITEMS

Councilmember Gomes asked when the Skate Park would open and expressed concern that there had been trespassing. Mr. Bronzan stated there is a concern because the park is not posted with no trespassing signs and it is the contractors responsibility to secure the park. The park should open in about two weeks. 

A date of November 7, 2001 at 7:00 p.m. was set for the Public Hearing for the General Plan Update. 

There being no further business the meeting was adjourned at 9:39 p.m.

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