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CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
Minutes of May 14, 2002

A regular meeting of the City Council of the City of Brentwood was called to order at 7:48 p.m. in the City Council Chambers located at 734 Third Street, with Mayor McPoland presiding.

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

PRESENTATIONS 

A. Proclamation proclaiming May 2002 as Veteran’s Appreciation Month.

Mayor McPoland presented Clinton Carver with a plaque proclaiming May 2002 as Veteran’s Appreciation Month.

Mr. Carver thanked the City of Brentwood for recognizing the tremendous efforts made by our veterans.

B. Proclamation proclaiming May 8, 2002 as Day of the Teacher.

Mayor McPoland presented Barbara Russell-Cambra, Diablo Vista Retired Teachers Association, with a plaque proclaiming May 8, 2002 as Day of the Teacher. 

Ms. Russell-Cambra spoke briefly about the importance of teachers and stated that we are facing a critical shortage of active teachers and encouraged everyone to support the teaching profession. She thanked the City of Brentwood for their support Brentwood schools.

Ms. Beale, Brentwood School’s Teacher of the Year, also thanked the City for its support.

Mayor McPoland mentioned that the City recognizes the need to support the teaching profession and as a part of that, teachers were among the first group of professionals to be included in our inclusionary housing program. 

C. New Employee Introductions and Oath of Allegiance.

Mike Davies, Chief of Police introduced Charles Jacobs, Police Officer. Mayor McPoland administered the Oath of Office.

D. Presentation of recognition for support of amateur skateboarding.

Craig Bronzan, Director of Parks and Recreation and Poldina Scherff, Recreation Services Supervisor, gave a summary of the California Amateur Skate Board League competition that the City of Brentwood was able to host last weekend. She displayed the skateboard plaque presented to the City and a $300.00 donation for our participation. 

AGENDA REVIEW - none

CITIZEN COMMENTS

James Mootz, People United for the Reform of Government Ethics, spoke regarding an incident that occurred in the Planning Department offices a few days ago. Mr. Mootz stated that he requested copies of a number of files and was told that the City of Brentwood policy was to deny public access to all files while pending. Mr. Mootz then submitted a written request to view certain documents. 

Mayor McPoland commented that this was not a City policy. 

Dennis Beougher, City Attorney, confirmed that the documents requested are public records.

Councilmember Gomes responded to Mr. Mootz that all public records requests should be made through the City Clerk’s office. The staff member he spoke to may not have the authorization to release records to the public. The only person responsible for releasing City records is the City Clerk. 

Olivia Ruiz, supervisor of the Village Drive Resource Center and Carmen Garcia, representing Adelante Familia, announced the first Family Resource Fair, May 20, 2002, at the Delta Community Center. 

Ike Montanez thanked the City of Brentwood, City Council and staff for all their efforts on April 23, 2002, in approving submittal of an application for grant funds to the Contra Costa County Community Services Block Grant Program (CSBG) for the Village Drive Resource Center after-school tutoring program, “Progreso Estudiantil”.

Rose Pierce, repreenting the Community Chest, reported on the efforts of the Community Chest and requested a donation of City services to facilitate the disposal of extra garbage generated from a large food collection last week.

The Mayor and City Manager confirmed that the City would pick up the extra trash.

CONSENT CALENDAR

1. Approve Minutes of April 18, 2002. Pulled for further discussion.

2. Approve Minutes of April 23, 2002. 

3. Reject the claim presented by Sandra Perley related to a November 8, 2001 event, as recommended by the City’s third-party insurance adjuster, Contra Costa County Municipal Risk Management Insurance Authority and the City Attorney. 

4. Approve Resolution No. 2536 declaring the intent to order improvements of the Landscape & Lighting Assessment Districts (LLD’s) No. 94-1 (Brentwood Country Club); 95-2 (Hawthorne Landing); 95-3 (Pheasant Run); 95-4 (Diablo Estates); 95-5 (California Spirit and Glory); 95-6 (Gerry Ranch); 95-7 (Greystone); 95-8 (Garin Ranch); 97-1 (Hancock – Brentwood Lakes); 97-2 (Marsh Creek Apartments); 97-3 (Brentwood Park Apartments); 98-3 (Solana); 98-4 (Birchwood Estates); 98-5 (Arroyo Seco); 99-3 (SPA ‘L’); 99-4 (California Grove); 99-5 (Deer Creek Country Club); 99-6 (Trailside); 99-7 (Termo); 99-8 (Gerry Property); 99-9 (Richmond American); 00-2 (Lyon Woodfield); 00-3 (California Orchard); 00-4 (Brentwood Park); 01-1 (Laird Project); 02-2 (Oak Street); 02-3 (Apricot); 02-4 (Braddock & Logan); 02-5 (Sand Creek & Brentwood Blvd.); 02-6 (Balfour & John Muir); 02-7 (San Jose & Sand Creek); 02-8 (Lone Tree) and the Citywide Park Maintenance District No. 98-1. 

5. Approve Resolution No. 2537 approving an agreement for purchase of fee parcels with East Contra Costa Irrigation District (ECCID), for real property identified as two fifteen foot ECCID Canals (no assigned parcel number shown per title company), generally located on the east side of Empire Avenue and north side of 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. 

6. Approve Resolution No. 2538 to update the City of Brentwood’s Injury and Illness Prevention Plan so that it complies with requirements of Title 8 of the General Industry Safety Order, Section 3203, as amended by Assembly Bill 1127. 

7. Approve Resolution No. 2539 authorizing the submittal of a grant proposal to the State of California Department of Parks and Recreation Murray-Hayden Urban Parks and Youth Service Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (Proposition 12) and authorizing the Parks and Recreation Director to execute and submit all documents which may be necessary for the completion of the project. 

8. Approve a Resolution authorizing the City Manager to enter into agreement of purchase and sale with Brentwood Union School District for $225,000 to purchase five acres for a neighborhood park. Pulled for further discussion.

9. Accept informational report from Liberty Union High School District and City of Brentwood staff regarding update on joint-use projects at Heritage High School. 

10. Approve Resolution No. 2540 to adopt the classification description and salary range for Grant Writer to establish a classification series. 

11. Approve Resolution No. 2541 approving the Final Map of Subdivision No. 8453, Sterling Preserve, Meritage Homes, located north of Grant Street and east of Fairview Avenue; accepting the improvements security, approving the Subdivision Improvement Agreement and authorizing the mayor and City Clerk to execute the same. 

12. Approve Resolution No. 2542 to execute an Agreement with the Union Pacific Railroad (UPRR) to construct an at-grade railroad crossing at the proposed extension of Sand Creek Road, CIP Project No. 336-3061. 

13. Approve second reading and adoption of Ordinance 703 for an amendment to the PD-24 (Planned Development No. 24) Zone to establish development standards for Sub Area “A” (APN 010-150-034). 

14. Authorize the City Manager to execute a contract in the amount of $190,681 with Vavrinek, Trine, Day, & Co., LLP for services to include the city audit and Redevelopment Agency audit for the fiscal years 2001/02 through 2005/06, CAFR preparation, and the Government Accounting Standard Board's new financial reporting model (GASB 34) update and implementation. 

It was moved/seconded by Petrovich/Gomes to approve Consent Calendar items no. 2 – 7 and 9 – 14 as recommended by staff. Motion carried unanimously.

Item 1

It was moved seconded by Petrovich/Beckstrand to approve the Minutes of April 18, 2002. Motion passed by the following vote:

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

Item 8

Approve a Resolution authorizing the City Manager to enter into agreement of purchase and sale with Brentwood Union School District for $225,000 to purchase five acres for a neighborhood park.

Mayor McPoland asked Craig Bronzan, Director of Parks and Recreation, for clarification as to whether or not the park will be a joint-use park.

Mr. Bronzan responded that it is a joint use park but the school does not use it as part of their facility.

It was moved/seconded by McPoland/Beckstrand to approve Resolution No. 2543 authorizing the City Manager to enter into agreement of purchase and sale with Brentwood Union School District for $225,000 to purchase five acres for a neighborhood park. Motion passed by the following vote:

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

PUBLIC HEARINGS

15. Consideration of the following Resolutions and Ordinance regarding citywide CFD No. 2 for fire services, open space facilities, and flood & storm drain services:

a. A Resolution declaring the formation of the establishment of the City of Brentwood Community Facilities District No. 2 to levy a special tax therein to finance certain public improvements.
b. A Resolution declaring the necessity to incur bonded indebtedness.
c. A Resolution declaring the special election results.
d. Introduction of an Ordinance to levy the special taxes. 

Jennifer White, Francisco and Associates, explained that this is the second step in a three-step process to approve the City of Brentwood’s Facilities District No. 2 to fund the maintenance and operation of fire, emergency medical and public safety services and for the maintenance and operation of open space and flood and storm drainage services for new development within the City. 

The Public Hearing was opened.

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

RESOLUTION NO. 2544

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AMENDED BOUNDARY MAP AND ESTABLISHING THE CITY OF BRENTWOOD COMMUNITY FACILITIES DISTRICT NO. 2, AND PROVIDING FOR THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN PUBLIC FACILITIES AND SERVICES IN AND FOR SUCH COMMUNITY FACILITIES DISTRICT AND CALLING A SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS WITHIN SUCH COMMUNITY FACILITIES DISTRICT THE QUESTION OF LEVYING SUCH SPECIAL TAX AND ESTABLISHING AN APPROPRIATIONS LIMIT FOR SUCH COMMUNITY FACILITIES DISTRICT

It was moved/seconded by Gomes/Petrovich that the full reading of Resolution 2544 be waived and that the same be adopted. Motion passed by the following vote:

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


RESOLUTION NO. 2545

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DEEMING IT NECESSARY TO INCUR A BONDED INDEBTEDNESS TO FINANCE THE ACQUISITION AND CONSTRUCTION OF CERTAIN PUBLIC FACILITIES IN AND FOR THE CITY OF BRENTWOOD COMMUNITY FACILITIES DISTRICT NO. 2, AND CALLING A SPECIAL ELECTION THEREIN TO SUBMIT TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT THE PROPOSITION OF INCURRING SUCH BONDED INDEBTEDNESS

It was moved/seconded by Gomes/Petrovich that the full reading of Resolution 2545 be waived and that the same be adopted. Motion passed by the following vote:

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

John Knox, Orrick Herrington, requested the City Clerk verify the number of ballots that have been returned and for the record indicate the results of the vote. 

Karen Diaz, City Clerk/Director of Administrative Services, replied that 323 yes votes were needed and we have received 100% of those votes.

RESOLUTION NO. 2546

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DETERMINING THE RESULT OF THE SPECIAL MAILED-BALLOT ELECTION HELD IN ITS COMMUNITY FACILITIES DISTRICT NO. 2, ON MAY 14, 2002 

It was moved/seconded by Gomes/Beckstrand that the full reading of Resolution 2546 be waived and that the same be adopted. Motion passed by the following vote:

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

ORDINANCE NO. 704

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD LEVYING A SPECIAL TAX FOR THE FISCAL YEAR 2002-2003 AND FOLLOWING FISCAL YEARS SOLELY WITHIN AND RELATING TO THE CITY OF BRENTWOOD COMMUNITY FACILITIES DISTRICT NO. 2

It was moved/seconded by Gomes/Beckstrand that the first reading of Ordinance No. 704 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote: 

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

At 8:20 p.m. Council recessed to a break. 

Council reconvened 8:27p.m.

16. Consideration of an Ordinance amending Chapter 5.24 of Brentwood Municipal Code Re: Cable Franchise. 

Stephanie Gronlund, Associate Engineer, and David Kinley, Kinley and Associates, introduced the item explaining that at the City Council meeting on March 12, 2002, Council approved first reading of Ordinance 700 amending Chapter 5.24 of the Brentwood Municipal Code regarding Cable Franchise. At that meeting Phillip Arndt, Director of Franchises for AT&T, requested that the Council give him time to review and meet with staff on the proposed ordinance. The Council complied and AT&T met with staff and Mr. Kinley. From those meetings, a revised ordinance was created. On April 28, 2002, Council approved the second reading of Ordinance 700. Subsequent to the revised ordinance, staff, Dave Kinley and the members of the former Telecommunications Sub-Committee further refined the document. The new ordinance reflects the changes.

Mr. Kinley further stated that this latest revision sets the ground rules for the upcoming renewal of the AT&T Franchise. This regulatory set of rules will govern how the City will adopt any franchise or deal with any applicant that comes before the City for a cable television franchise.

Councilmember Petrovich thanked the members of the committee for their efforts.

Councilmember Beckstrand commented that she felt that the revised ordinance does a very precise job of laying out what is standard in many other cities as well as meeting the progressive desires of the economic development structures and needs within the City. 

The Public Hearing was opened.

Phillip Arndt, AT&T Broadband, commented that the City has made changes that AT&T has not agreed to nor have had a chance to discuss with the City. Mr. Arndt requested that AT&T be given another opportunity to sit down with the decision makers from the City to discuss the proposed ordinance.

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

ORDINANCE NO. 705

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD REPEALING CHAPTER 5.24 AND ADOPTING A NEW CHAPTER 5.24, BRENTWOOD CABLE TELEVISION ORDINANCE

It was moved/seconded by Petrovich/Beckstrand that the first reading of Ordinance No. 705 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote: 

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

OLD BUSINESS 

17. Update on Apple Hill trail connection under Apple Hill Drive bridge. 

Craig Bronzan, Director of Parks and Recreation, gave an update on the Apple Hill trail connection under the Apple Hill Drive bridge. He explained that the connection under the bridge was never done because, in conjunction with the trail, a gabion drop, which is a drop structure that goes into the detention basin, was necessary to be put in by Contra Costa Flood Control District. The gabion drop would lower the level of the water in the creek to allow the trail to go under the bridge. Mr. Bronzan went on to say that the City has met with Flood Control staff and has been working on a proposal that will do the hydrology study for the creek, design of the trail, the diversion wall and the environmental documents. The City’s cost to get the project to construction is about $107,000. We still have not decided how that will be paid. 

Mayor McPoland commented that this issue has been going on for many years and he would appreciate Mr. Bronzan stay apprised of the matter to ensure its completion.

Councilmember Beckstrand commented that Steve Bienke, Blackhawk, contacted her this week regarding the issue and Mr. Bienke stated that Blackhawk could possibly have this project done in 45-60 days.

Mr. Bronzan stated that he felt that the time frame was unrealistic. It could take up to six months just to get the environmental work done. 

Mayor McPoland directed Mr. Bronzan to contact Steve Bienke directly and work with him on the project.

NEW BUSINESS

18. Approve a Resolution to Consent and Call a Joint Public Hearing on the Proposed Amendment to the Merged Brentwood and North Brentwood Redevelopment Plans and the Final Negative Declaration. 

RESOLUTION NO. 2547

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD CONSENTING TO AND CALLING A JOINT PUBLIC HEARING ON THE PROPOSED AMENDMENTS TO THE REDEVELOPMENT PLANS FOR THE MERGED BRENTWOOD AND NORTH BRENTWOOD REDEVELOPMENT PROJECTS AND THE NEGATIVE DECLARATION RELATING THERETO

Gina Rozenski introduced the item to City Council and pointed out that this is a companion item to the item previously approved by the Redevelopment Agency.

It was moved/seconded by Gomes/Beckstrand that the full reading of Resolution 2547 be waived and that the same be adopted. Motion passed by the following vote:

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

19. Approve a Resolution Electing to Receive all the Tax Revenues allocated to the Agency attributable to Tax Rate Increases imposed for the City and Annual Assessed Value Increases Calculated in the North Brentwood Proposed Added Area. 

Gina Rozenski, Redevelopment Analyst, explained that Assembly Bill 1290 in 1994 eliminated the 2% pass-through that taxing agencies are allowed to elect. In its place AB1290 established a statutory pass-through formula. Under that same Assembly Bill, the sponsoring City that adopts the plan amendment does not automatically receive its share of statutory pass-through. That city must elect to receive the share from the Redevelopment Agency.

RESOLUTION NO. 2548

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ELECTING TO RECEIVE ALL OR A PORTION OF THE TAX REVENUES PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 33676 AND 33607.5

It was moved/seconded by Gomes/Beckstrand that the full reading of Resolution 2548 be waived and that the same be adopted. Motion passed by the following vote:

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

20. Discussion and provide direction on whether to proceed with amending the PD-22 Zoning requirement that Shea Homes (Tentative Subdivision Map No. 7882) build custom homes on 23 lots on the southwesterly portion of the property adjacent to the City Limits and north of Brookfield Homes development. 

Mitch Oshinsky, Director of Community Development, introduced the item and explained that the Shea Homes subdivision was approved with conditions for 23 lots to be built with custom homes. The developer, Shea, has now come forward and requested that the condition be amended through their zoning standards and the PD as well as subdivision maps, so they can instead build the tract homes similar to those in the rest of the subdivision.

Don Holfer, Shea Homes, requested that Shea be allowed to construct their current product Serena on these 23 lots. Mr. Holfer stated that the custom-lot program does not work in the City the way it was originally laid out based on the following reasons:

1. The lots need a larger flat pad area to build pools, gardens etc. 
2. Some of the lots do not have views.
3. Maturity of the community. Due to the configuration of the lots, Shea is having difficulty getting developers interested in purchasing them. The custom homes could take years to complete and the residents of the subdivision will have to live with constant construction going on which would be both noisy and dangerous.

Mr. Holfer discussed the possibility of a fee being imposed due to the change. He requested that Council consider waiving the fee since Shea is not gaining from the proposed amendment. He viewed it as a win-win situation, the City is still getting executive upscale homes and Shea is able to complete the subdivision. He added that a disclosure statement is currently being released to prospective home buyers in the neighboring subdivisions.

Mr. Holfer stated that Shea Homes is having a great deal of difficulty getting any developer interested in purchasing the lots. They have approximately $135,000. invested in each lot and would be happy to sell them for that price, if a buyer came in with an offer to purchase and close within 60 days.

Mayor McPoland commented that the lots are very challenging because of the size and elevations. Mayor McPoland felt that there are drainage issues that are going to make is very difficult to put custom homes on some of the lots. He further stated that the integrity of the hills must remain in tact. 

Councilmember Petrovich asked what the disclosure stated.

Mr. Holfer displayed copies of the disclosure statements that are currently being distributed and initialed by current home buyers.

Councilmember Petrovich asked if the $135,000 actual cost per lot is the running cost of all the lots in that subdivision. 

Mr. Holfer responded that the cost is approximately the same. He further explained that they used an allocation method that is based on relative sales value. The cost includes all improvement costs, fees, taxes and interest incurred. 

Councilmember Petrovich asked for clarification that the $135,000 is actual out of pocket expense.

Mr. Holfer responded that it was.

Councilmember Beckstrand asked how many homes they would like to put in the area.

Mr. Holfer responded that they would still like to build 23 homes but smaller production homes.

Mayor McPoland asked Mr. Oshinsky, Director of Community Development, if Council allowed the issue to be discussed further, would it go back to the Planning Commission for design review

Mr. Oshinsky responded that staff is asking Council for direction on whether to proceed or not. If Council does wish to proceed, then it has to go to Planning Commission for Public Hearing and then back to City Council for Public Hearing and final decision.

Councilmember Beckstrand asked Mr. Oshinsky how many other custom homes are in our General Plan zoning.

Mr. Oshinsky replied that we do not have a lot of custom homes right now but commented that he and the City Manager have been looking at other areas, in the central part of the City, that would be eligible for custom homes in the flat lands where you have the ability to have nice large flat parcels.

Councilmember Petrovich asked Mr. Holfer if he would be willing to make a per-lot donation to PAL.

Councilmember Petrovich asked Mr. Holfer if he would be willing to make a per-lot donation to PAL.

Mr. Holfer responded that Shea would be willing to discuss options with staff.

Mayor McPoland commented that he would like to form a subcommittee with staff, Councilmember Petrovich and himself, to discuss what the amenities should be.

Councilmember Beckstrand suggested that Council recommend funds such as PAL and the Arts Commission, set a fee per home, and designate a certain percentage of the fee to go to each designated fund. 

Mayor McPoland stated that the recommendations of the subcommittee would be brought back to Council for approval.

Council directed staff, with the inclusion of Mayor McPoland and Councilmember Petrovich, to proceed with negotiations with Shea Homes.


CITIZEN COMMENTS - none

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

Mayor McPoland stated that he and John Stevenson are going to Sacramento to meet with Assemblyman Canciamilla and Senator Torlakson concerning Cowell issues and the State Park related to business parks. 

Mayor McPoland, John Stevenson and Mitch Oshinsky will be meeting on May 28, 2002 with the development community, churches in the area and other non-profit foundations to discuss affordable housing.

REQUESTS FOR FUTURE AGENDA ITEMS 

Councilmember Beckstrand requested staff examine the company we are currently using as our legal advisor for human resource services and develop an RFP to see if there are other benefits and services out there that we are not utilizing. 

Mayor McPoland requested that Mr. Oshinsky plan a workshop for Council in conjunction with the Planning Commission regarding Sand Creek Road West.

ADJOURNMENT 

There being not further business, the meeting was adjourned at 9:20 p.m. 

Respectfully Submitted,


Cynthia Goulding
Deputy City Clerk

City Administration
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