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CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
Minutes of March 26, 2002

A regular meeting of the City Council of the City of Brentwood was called to order at 7:49 p.m. in the City Council Chambers located at 734 Third Street, with Mayor McPoland presiding. 
ROLL CALLPresent: Councilmembers Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland 

Absent: None 

PRESENTATIONS
A. Proclamation proclaiming the Month of April, 2002, as Sexual Assault Awareness Month. 
B. Introduction of Brentwood Police Department’s new S.W.A.T. team. Police Chief Mike Davies presented the members of the first City of Brentwood S.W.A.T. team. The S.W.A.T. team includes Officer Walter Ogrodnick, Officer Roy Word, Sergeant James Martinez, Sergeant Tom Hanson, Sergeant Doug Silva, Sergeant Benjamin Tolera, Officer Michael Homa, Officer Lawrence Keady, Lieutenant Brian Strock. 
Councilmember Gomes commented that this is just another example of the superior service the City of Brentwood provides for our community.  
C. Presentation of “Art for Art’s Sake” festival. Chris Robinson, Brentwood Arts Commission announced the Art or Art’s Sake festival downtown, on Saturday, May 4, 2002 The festival will feature local artist. 
AGENDA REVIEW 
Item No. 16 Pulled Per Applicant request. Placed back on the agenda per staff request. 
Item No. 19 Revised Agreement. 
Item No. 27 Pulled per staff request. 
CITIZEN COMMENTS 
Jim McKeehan, Vice President, Signature Properties, introduced the idea of developing a shelter for women with children who need a place to stay. He further stated that Signature would build the home and turn it over to a non-profit organization to run the facility. Mr. McKeehan then asked if Council would be interested in such a facility for the City.  
Mayor McPoland stated that he felt this was a much needed project for our community.  
Councilmember Hill commented that this was not the appropriate time to discuss the project under Citizens’ Comments and requested that it brought back as a future agenda item. 
Mayor McPoland confirmed that it should be placed on a future agenda. 
Wes Tilton, 1875 Pheasant Run, voiced concerns about Subdivision 8170, stating the bond held by the City for subdivision improvements has been found by the insurance commissioner to be insufficient and the company has been found to be insolvent. He further stated that he felt there were still items to be done on TSM 8170. Mr. Tilton requested funds from the City to complete the subdivision. 
John Stevenson, City Manager, responded that staff was not aware of any unfinished items for that Subdivision. 
 
Dennis Beouger, City Attorney, added that the acceptance of the public improvements for this Subdivision is scheduled for the April 9, 2002 City Council agenda. 
Mr. Tilton asked if the item would be a Public Hearing. 
 
Mr. Beougher responded that it would not be a Public Hearing. By the time it goes to Council it is a ministerial act. The City Engineer has verified that the subdivision is in substantial compliance, then the City has to accept the maintenance bond, which is 10% of the value of the public improvements. Once this happens there will be another bond in place for one year. That is why the City is not overly concerned that the first bond is bankrupt. 
Mr. Tilton asked if the City finds the Subdivision is in substantial compliance even though he appealed the concrete ditch on lot 95. 
 
Mr. Beougher responded that the ditch is on private property and therefore is a private improvement rather than a public improvement. 
Chris Mosser, 304 Mondavi Lane, Vice-Chairman, Planning Commission, presented a report on the Planner’s Institute hosted by the League of California Cities. 

CONSENT CALENDAR 
1. Approve Minutes of March 12, 2002.  
2. Approved the appointments of Harriette Heiss, Greg Stremel, Veronica Clyatt, Patricia Boss, Deborah Diaz, Valerie Austin, and Alfredo Garcia to the Brentwood Advisory Neighborhood Committee (BANC) to three-year terms commencing April 1, 2002 and ending April 30, 2005. 
3. Authorize the City Manager to execute an agreement with Gibson/Salmon Group for Professional Services in the amount of $32,440.00 plus a 10% contingency of $3,244 for a Needs Assessment of City Hall.  
4. Approve Resolution No. 2491 authorizing staff to donate surplus computer equipment to Footsteps Preschool, 809 Second Street, Brentwood.  
5. Approve of Revocable License and Maintenance Agreement for the Tittle Property located at 1985 Minnesota Avenue.  
6. Approve Resolution No. 2492 approving an agreement for purchase of a Sanitary Sewer Easement with Edward K. Dobbs and Muriel L. Dobbs, as Trustees of the Edward and Muriel Dobbs Family Trust, established September 30, 1991, for a portion of real property identified as APN 019-100-011, generally located on the west side of Fairview Avenue, north of the new Sand Creek Road and Sand Creek, hereby accepting the Grant of Easement 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 Grant of Easement Deed.  
7. Approve Resolution No. 2493 approving the Final Map of Subdivision No. 8484, Deer Ridge Country Club, Village “D” (SunCal), located south of Balfour Road and west of Foothill Drive, accepting the improvements security, approving the Subdivision Improvement Agreement and authorizing the Mayor and City Clerk to execute the same.  
8. Approve Resolution No. 2494 approving the Final Map of Subdivision No. 8478, Deer Ridge Country Club Village “B-1-B” (SunCal), located south of Balfour Road and west of Foothill Drive, accepting the improvement security, approving the Subdivision Improvement Agreement and authorizing the Mayor and City Clerk to execute the same.  
9. Approve Resolution No. 2495 authorizing the City Manager to approve a loan in an amount not to exceed $666,657 from the City’s Water Facility Fee Fund to the Fire Facility Fee Fund to cover payments to be made to Brookfield Homes for the construction of Fire Station #52, CIP Project No. 336-3109.  
10. Approve Resolution No. 2496 approving the Final Map of Subdivision No. 8342, California Orchard, Unit 2, (KB Home) located west of Walnut Boulevard and south of Continente Avenue, accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same. 
11. Approve Resolution No. 2497 accepting the public improvements for maintenance, accepting the Subdivision Maintenance Bond and Park Maintenance Bond and releasing the Subdivision Performance and Payment Bonds and Park Performance and Payment Bonds for Subdivision No. 8221, Signature Properties, located north of Balfour Road and west of Garin Parkway.  
12. Approve Resolution No. 2498 approving the Final Map of Subdivision No. 8494, Deer Ridge Country Club, Village H-3-A, SunCal, located south of Balfour Road and east of Foothill Drive and authorize the Mayor and City Clerk to execute all documents related to this Final Map.  
13. Approve Resolution No. 2499 approving the final map of Subdivision No. 8495, Deer Ridge Country Club, Village H-3-B, SunCal, located south of Balfour Road and east of Foothill Drive and authorize the Mayor and City Clerk to execute all documents related to this Final Map.  
14. Approve Resolution No. 2500 accepting public improvements for maintenance, accepting the Subdivision Maintenance Bond and releasing the Subdivision Performance Payment Bond for Subdivision No. 8222, Signature Properties, located north of Balfour Road and east of Garin Parkway.  
15. Approve amendments to Condition of Approval #50, “Phase IV-Improvements, Item f”, Tentative Subdivision Map No. 7605.  
16. Authorize the City Manager to temporarily close Sand Creek Road from Highland Way, west to the Highway 4 Bypass for a period not to exceed three weeks to complete off-site improvements to the Sand Creek Crossing Shopping Center.  
17. Authorization to execute construction contracts to construct City Hall Annex addition, replacing carport structure. CIP Project No. 336-3112.  
18. Approve request from East Contra Costa County Homeless Animals’ Lifeline Organization (H.A.L.O.) for city co-sponsorship of the Fourth Annual Ramble ‘Round the Reservoir. Pulled for further discussion. 
19. Approve the employment agreement between the City of Brentwood and Michael Davies. Appoint Michael Davies as Brentwood’s Police Chief, effective March 12, 2002. 

 
20. Authorize the City Manager to sign the attached agreement with PointRed Technologies, Inc. AKA Wireless Dynamics, Inc. to lease space on the Downtown Water Tower for a period of 60 days to conduct a Beta Test on the development of a wireless data service to provide a new service to Brentwood residents. 
21. Approve second reading and adopt Ordinance No. 700 amending Chapter 5.24 of Brentwood Municipal Code re: Cable Franchise.  
22. Approve Resolution No. 2501 amending Resolution No. 2315 amending the Affordable Housing Guidelines for KB Homes California Orchard Subdivision (TSM 8199) by decreasing the minimum household size from three to two persons.  
23. Approve Resolution No. 2502 for the City to donate $10,000 to REACH. 
 
It was moved/seconded by Hill/Petrovich that Consent Calendar Items 1 – 17, 19 – 23 be approved as recommended by staff. Motion carried unanimously. 
Item 18 
Approve request from East Contra Costa County Homeless Animals’ Lifeline Organization (H.A.L.O.) for city co-sponsorship of the Fourth Annual Ramble ‘Round the Reservoir. 
 
Karen Kopps, President of the East Contra Costa County Homeless Animals’ Lifeline Organization (H.A.L.O.), gave a brief overview of the H.A.L.O. Organization Ramble ‘Round the Reservoir event which will be on May 19, 2002 at the Contra Loma Regional Park and requested Council support for the event. 
It was moved/seconded by McPoland/Petrovich to approve the request from East Contra Costa County Homeless Animals’ Lifeline Organization (H.A.L.O.) for city co-sponsorship of the Fourth Annual Ramble ‘Round the Reservoir. Motion carried with Councilmember Hill Absent. 
OLD BUSINESS 
24. Approve a Resolution declaring the intent to establish the City of Brentwood Community Facilities District No. 1 to levy a special tax therein to finance certain public improvements, and set a date of April 23, 2002, at 7:30 p.m. for the public hearing. Continued from March 12, 2002 
John Stevenson, City Manager, spoke briefly about the Community Facilities Districts No. 1 which is to help fund the traditional firefighters for all fire stations in town. Mr. Stevenson referenced a letter from Citygate summarizing their opinion that there was no hurry to move forward with a CFD No. 1 to fund items that could possibly change over time. He then stated that staff recommends to postpone action on CFD No. 1 until staff has a complete report from Citygate and more information on where the County is headed on consolidation. 
Mayor McPoland also recommended that we continue the item per staff recommendation. 
Councilmember Petrovich asked when we could expect the Citygate report? 
Mr. Stevenson responded that we should expect the full report within a month. 
It was Moved/Seconded by Petrovich/Gomes to continue Item 24 to an uncertain date. Motion carried with Councilmember Hill absent. 
25. Approve a Resolution declaring the intent to establish the City of Brentwood Community Facilities District No. 2 to levy a special tax therein to finance certain public improvements, approve a resolution of declaring the necessary of incurring bonded indebtedness, and set a date of April 23, 2002, at 7:30 PM for the public hearing. Continued from March 12, 2002 
John Stevenson, City Manager, explained that CFD No. 2 is a Community Facilities District to allow the City to collect fees on all new development and new homes that are built in the City to assist in funding the third firefighter at all the fire stations and to assist in maintaining some of the wild lands that we are accumulating as development progresses through the town. He further stated that staff recommends moving forward with CFD No. 2 so we can start collecting funds on new developments as soon as possible. 
Councilmember Hill asked a question regarding the possible necessity to add in Clean Water Fees (NPDES). 
Jennifer White, Francisco & Associates, advised Council if they would like to add Clean Water Fees, they need to do so before the resolution is passed. She went on to outline three possible options for including the additional fees: 
1. Amend the Resolution to include an additional $25.00/per single-family home, annually, bringing the total amount to $160 per single family home. In addition, we would need to modify Exhibit B of the Resolution to include Storm Water Management Services. 
2. Keep the rate at $135.00, but modify Exhibit B of the Resolution to include Storm Water Management Services. 
 
3. Postpone these proceedings again. This takes about 30-days, however, the longer we postpone this, the more money we are loosing in perpetuity and that equates to about $8,000/month. 
Councilmember Hill commented that he did not necessarily want to postpone the item but asked a member of staff to speak to the necessity of adding the Clean Water Fees now as opposed to later. 
 
Bailey Grewal, City Engineer, stated that the City is required to do improvements to get the contaminants out of the storm drain to get the sediment out of the water before it get to the creeks. Currently the requirement is for any development larger than 5-acres. Next year, that figure may be reduced to 1-acre with further reductions in the future. Unfortunately, there is no funding or grant money available. Mr. Grewal recommended that Council move forward and initiate a process so that we have some way of funding the improvements. 
Mayor McPoland commented that we do not really know if the $25.00 figure is correct. 
 
Mr. Stevenson stated that if the wording in the document leaves us enough flexibility to distribute the cost according to need and then, we distribute according to need, it should be acceptable because he felt there is enough room in the other figures to allow for that. If, on the other hand, the $25.00 is a fixed figure, then he did not think $25.00 is enough. If we are going to state a specific figure, then he felt it should be pushed to $40.00. 
 
Councilmember Hill asked if the language allows us to expend the total funds for individual needs? 
Ms. White responded that the language does allow us to expend the total funds where needed. 
Mayor McPoland asked if we could ever go back and change the rate if we set it tonight? 
 
Ms. White commented that if we set the rate tonight, it could not be changed.  
Mayor McPoland suggested that we set the rate at $40.00. 
Ms. White pointed out that this rate would be disclosed to new homeowners since the Clean Water Act will really be affecting the new developments since the standards are becoming more stringent as time goes by.  
RESOLUTION NO. 2503 
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DECLARING ITS INTENTION TO ESTABLISH ITS COMMUNITY FACILITIES DISTRICT NO. 2 AND TO LEVY A SPECIAL TAX THEREIN TO FINANCE CERTAIN PUBLIC FACILITIES AND SERVICES IN AND FOR SUCH COMMUNITY FACILITIES DISTRICT 
It was moved/seconded by Petrovich/Gomes that a full reading of Resolution No. 2503 be waived and the same be adopted with the following modification: Modify Exhibit B to include Storm Water Management Services. Motion carried unanimously. 
AYES: Councilmembers Beckstrand, Gomes, Hill, Petrovich, Mayor McPolandNOES: None ABSENT: None 
RESOLUTION NO. 2504 
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DECLARING THE NECESSITY FOR INCURRING A BONDED INDEBTEDNESS IN AND FOR ITS COMMUNITY FACILITIES DISTRICT NO. 2 AND CALLING FOR A PUBLIC HEARING THEREON 
It was moved/seconded by Petrovich/Gomes that a full reading of Resolution No. 2504 be waived and the same be adopted. Motion passed by the following vote: 
AYES: Councilmembers Beckstrand, Gomes, Hill, Petrovich, Mayor McPolandNOES: NoneABSENT: No ne
 
NEW BUSINESS 

26. Approve a resolution approving a Reimbursement Agreement between City, Agency and Developer for the Agency to reimburse the Developer for a portion of the cost to design, construct and install certain public improvements within the North Brentwood Redevelopment Project Area. Authorize the City Manager to execute the Reimbursement Agreement and take all further actions to carry out the provisions of the Reimbursement Agreement. 
Gina Rozenski, Redevelopment Analyst explained that this is the companion item at the City Council level acting as the legislative body to the Redevelopment Agency. 

RESOLUTION NO. 2505 
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REIMBURSEMENT AGREEMENT AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF BRENTWOOD, THE CITY OF BRENTWOOD AND CL LAND INVESTMENTS, LP. 
It was moved/seconded by / that the full reading of Resolution 2505 be waived and that the same be adopted. Motion passed by the following vote: 
AYES: Councilmembers Beckstrand, Gomes, Hill, Petrovich, Mayor McPolandNOES: None ABSENT: None 
 
27. Authorize the City Manager to execute the attached Standard Payment Plan Agreement between the City of Brentwood and Commonwealth Development for four buildings located on 550 Valdry Court, Building A, B, C, and D, Brentwood, CA 94513 (APN 010-160-028). Pulled Per Staff Request. 
28. Approve a resolution finding that election of members to a Project Area Committee was conducted in accordance with adopted formation procedures and announcement and confirmation of Project Area Committee election results.  
Gina Rozenski, Redevelopment Analyst, explained that as a prerequisite to the adoption of a redevelopment plan amendment that may permit the power of eminent domain to acquire residential properties, the California Community Redevelopment Law mandates that residential owner occupants and tenants, business owners, and community organizations be given the opportunity to form a Project Area Committee (“PAC”) to formally consider the proposed redevelopment plan amendment and to report its recommendations to the Redevelopment Agency and the City Council for their consideration prior to adoption of the amendment. 
 
In response to the Agency’s notice for volunteers to stand for election, five candidate forms were received from persons interested in serving on the PAC, each representing the three elected categories, as follows: 
1. Business Owner Joseph Trebino, North Brentwood Christopher Becnel, Downtown 
2. Owner Occupant Edward Stack, North Brentwood Manuel Vilchez, Downtown 
3. Tenant Occupant Larry Preston, North Brentwood No Candidate, Downtown 
Ms. Rozenski further reported that the election was held on March 11, 2002. The above candidates ran unopposed and were each elected into office by at least a vote of one. No challenges to the election were filed during the 15-day challenge period following the election. In addition to the five elected members, one appointed member, Bonnie Luchessi of the Brentwood Chamber of Commerce shall serve as the community organization representative. One vacancy remains which will be filled by the members of the Project Area Committee. 
 
Staff recommends that Council approve the resolution, finding that the election was conducted in conformance with election procedures, confirm the election results and announce the membership of the project area committee. 
RESOLUTION NO. 2506 
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD FINDING THAT ELECTION OF MEMBERS TO A PROJECT AREA COMMITTEE FOR THE MERGED BRENTWOOD AND NORTH BRENTWOOD REDEVELOPMENT PLANS WAS CONDUCTED IN ACCORDANCE WITH ADOPTED FORMATION PROCEDURES 
It was moved/seconded by Gomes/Beckstrand that the full reading of Resolution 2506 be waived and that the same be adopted. Motion passed by the following vote: 
AYES: Councilmembers Beckstrand, Gomes, Mayor McPolandNOES: None ABSTAIN: Councillmembers Hill, Petrovich 
29. Consider a Request for $100,000 of Planned Employment Center (PEC) Funds for Ellison Framing. If approved authorize the City Manager to execute a Development Agreement that specifies the terms described in this Staff Report. 
Councilmember Hill removed himself stating he had a conflict of interest with the item stating that it is within the zone of his residence. 
Howard Sword, Director of Economic Development, gave an brief overview of the Planned Employment Center Funds explaining that the PEC Fund Account was established in 1999 through funds paid by KB Homes to improve Brentwood’s Jobs / Housing Balance as a condition of approval to rezone planned employment property to residential zoning.  
Ellison Framing has plans for a 56,000 office project in the Guthrie Lane Business Park. Based on the PEC scoring system, Ellison Framing received 9 out of 20 points. 
Councilmember Petrovich pointed out that five points were given to Ellison for being in a Redevelopment Area. He then asked if Mr. Sword was completely sure this property is included in the Redevelopment Area. 
 
Gina Rozenski, Redevelopment Analyst, commented that it was not in the Redevelopment Area. 
Mr. Matt Ellison, Owner, Ellison Framing, addressed the Council highlighting several items that have recently developed which would increase the point value. Some of those items were: 
· Mr. Ellison would be the user/owner of Building One.· There is a potential of 35 employees in Building One with an average hourly wage of at least $12.00/hr. with some higher compensated people in the building· Employees will be paid benefits 
Councilmember Petrovich suggested the item be revised and brought back to Council. 
Councilmember Gomes concurred. 
It was moved/seconded by Petrovich/Gomes that item 29 be revised and brought back to council at a future meeting. Motion carried unanimously 
CITIZEN COMMENTS - none 
INFORMATIONAL REPORTS FROM COUNCIL MEMBERS 
Councilmember Beckstrand gave a brief report on the City Council’s recent attendance at a conference sponsored by the Local Government Commission, regarding liveability, sustainability, security and growth management within our cities. 
 
Mayor McPoland reported on a meeting he had with Bill Gray, Governor’s State Transportation Commission, the Mayor of Livermore, and others to discuss future roadway improvements. One project in particular is the Isabel Expressway currently being constructed to meet with Highway 84 and the possibility of connecting that with Vasco Road.  
Mayor McPoland also reported on a meeting with the City Manager and many members of the development community, to discuss widening the roadway at the Camino Diablo intersection on Vasco Road. He will be exploring funding mechanism for the project. 
Councilmember Hill gave a report on ConExpo which he attended last week regarding such topics as innovative programs in recycling, new techniques in road improvements. 
 
Requests for future agenda items 
Councilmember Gomes requested that the suggestion introduced by Mr. McKeehan, Signature Homes, regarding the shelter for women and children be placed on a future agenda to include studies on how it compares with the Affordable Housing Program and also possible non-profit operators.  
 
ADJOURNMENT 
There being not further business, the meeting was adjourned at 9:10 p.m. 
 
Respectfully Submitted, 
 
 
Cynthia GouldingDeputy City Clerk

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