City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

 
CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
Minutes of August 13, 2002

A regular meeting of the City Council of the City of Brentwood was called to order at 7:00 p.m. in the Council Chambers located at 734 Third Street, with Mayor McPoland presiding.
ROLL CALL
Present: Councilmembers Beckstrand, Gomes, Hill (arrived at 8:00p.m.), Petrovich, Mayor McPoland 
Absent: None

The meeting adjourned to closed session at 7:00 p.m. pursuant to Government Code §54956.9(a) – l
CLOSED SESSION 
Conference with Labor Negotiator pursuant to Gov’t Code § 54957.8(g) – Pulled from the Agenda
City designated representative: John Stevenson
Employee organizations: Brentwood Police Officers Association (non-sworn personnel); Department Heads & Mid Managers; Brentwood Employees’ Association - Misc. Office & Public Works Division’s. 

Litigation: Kevin Bolles, Plumbers & Steamfitters Union Local 159, International Brotherhood of Electrical Works Local 302, and Sheetmetal Workers Union Local 104 vs. City of Brentwood, Case No. C02-02139

Closed Session adjourned at 7:20 p.m.

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

AGENDA REVIEW

PUBLIC HEARINGS

Item 14 Revised Resolution (B. Grewal/P. Eldredge) 

Item 14 Adjourn to BIFA Meeting immediately following item. (B. Grewal/P. Eldredge)


OLD BUSINESS

Item 22 Request to continue item until August 27, 2002. (H. Sword)

It was moved/seconded by Petrovich/Gomes to continue item 22 to August 27, 2002. Motion carried with Councilmember Hill absent.

CITIZEN’S COMMENT 

Renee Anderson, resident, representing the Brentwood Bicycle Advisory Council, spoke about Measure C slated for the 2004 ballot. Ms. Anderson requested that Council seek a 5% set-aside fee for pedestrians and bicyclists as part of the input they provide to TRANSPLAN with regard to the measure. 

Mark Dwelly, resident, commented that he felt Council should allow the Land Trust Board to make any and all decisions regarding the Agricultural Land Trust. 


PRESENTATIONS 

A. Presentation of the Employer Support of the Guard and Reserve (ESGR) award from the United States Navy Reserve. Pulled per staff request. 

B New Employee Introductions and Oath of Allegiance. The following The following new employees were introduced and administered the Oath of Allegiance:

• Patsy Kyles, Economic Development Technician 
• Mark Misquez, Police Officer 

Mayor McPoland recognized Mark’s father, Manual Misquez, who recently retired from the Brentwood Police force.

CONSENT CALENDAR

1. Approve Minutes of July 23, 2002. 

2. Waive second reading and adopt Ordinance No. 711 amending Section 1.08.040 of the Municipal Code, adding subsection (C) to issue Administrative Citations without providing prior written notice as required, when the violation creates an immediate danger to health or safety. 

3. Waive second readings and adopt Ordinance No. 712 amending Planned Development Zone No. 51 (PD-51) to create development standards for the Arcadia Mixed Use project, and Ordinance No. 713 approving a development agreement between the City of Brentwood and Arcadia Development. The project is located east of Heidorn Ranch Road, south of Lone Tree Way and west of the Highway 4 Bypass. 

4. Approve Resolution No. 2630 approving a Reimbursement Agreement between the Brentwood Redevelopment Agency and the City of Brentwood for Sunset Industrial Complex Improvements Project. (CIP No. 336-3128). 

5. Approve Resolution No. 2631 approving new classification descriptions and compensation for Code Enforcement Technician I/II, Code Enforcement Officer I/II, and Senior Code Enforcement Officer to redefine and extend the classification series that supports code enforcement activities. 

6. Approve Resolution No. 2632 approving the extension of the Accountant I/II classification to include level III in order to reflect the performance of lead and complex duties. 

7. Approve Resolution No. 2633 authorizing the City Manager to execute a change order with Monk & Associates, LLC for Environmental Permit Support in the amount of $5,000; and to approve change orders up to 10% of the contract amount for Sand Creek Road (East), CIP Project No. 336-3061. 

8. Approve Resolution No. 2634 accepting the offer of dedication for Parcel “A”, Ashton Place Unit 1, Pulte Homes, Subdivision No. 8033, for public use as shown on the Final Map, and accepting park improvements for maintenance, accepting the Maintenance Bond in the amount of $158,578.00 by Pulte Homes, located in SPA ”L”, east of Minnesota Avenue and north of Sand Creek Road.

9. Approve Resolution No. 2635 approving a contract change order with Associated Right of Way Services, Inc. in an amount not to exceed $18,000 and include a 20% contingency for additional right-of-way services required due to the addition of Fairview Realignment to their scope of work for the Northwest Quadrant Infrastructure Project, CIP Project No. 336-3127. 

10. Approve Resolution No. 2636 accepting the offer of dedication for Parcel “A”, Laurelwood Estates Unit 3, Subdivision No. 8147, for public use as shown on the Final Map, and accepting park improvements for maintenance, accepting the Maintenance Bond in the amount of $158,578.00 by Pulte Homes, located in SPA ”L”, east of Fairview Avenue and south of Grant Street

11. Approve Resolution No. 2637 accepting the offers of dedication for Parcel “A” and Parcel “B”, Laurelwood Estates Unit 1, Pulte Homes, Subdivision No. 8146, for public use as shown on the Final Map, and accepting park improvements for maintenance, accepting the Maintenance Bond in the amount of $158,578.00 by Pulte Homes, located in SPA ”L”, east of Fairview Avenue and south of Grant Street.

12. Approve Resolution No. 2638 accepting Fire Station #52, CIP Project No. 336-3109, located at 201 John Muir Parkway, accept the Maintenance Bond and direct the City Clerk to file a Notice of Completion with the County Recorder. 

13. Approve Resolution No. 2639 clarifying the existing water and sewer services connection agreement to allow payment of connection fees through property tax special assessments for owner occupied residential properties within the City limits, which require connection to the municipal system and authorize the City Manager to sign the agreement(s) upon recommendation of the City Engineer, the City Attorney and the Finance Director.

It was moved/seconded by Petrovich/Gomes to approve the Consent Calendar items as recommended by staff. Motion carried with Councilmember Hill absent.

PUBLIC HEARINGS

14. Consideration of the following actions pertaining to the approval of the 2002-1 CIFP:

a. A Resolution approving Capital Improvement Financing Plan 2002-1 and acknowledging certain findings of the City Manager in accordance with Title 17.805 of the Brentwood Municipal Code, as amended, with Exhibits A and B.

b. A Resolution approving an Amended Boundary Map and overruling protests; approving the Final Engineer's Report and Assessments; ordering acquisition and construction of improvements; and levying assessments with Exhibit A.; and

c. A Resolution determining significant public benefits to the City of Brentwood from the sale of local obligations to the Brentwood Infrastructure Financing Authority; approving form and substance of Trust Agreement and authorizing changes thereto and execution thereof; providing for the issuance of City of Brentwood Limited Obligation Improvement Bonds, Assessment District No. 2002-1; approving the sale of said Bonds (which establishes the maturities of and interest rates on said Bonds); approving a Local Obligation Purchase Contract; approving a Preliminary Official Statement and a Final Official Statement; approving a Continuing Disclosure Agreement; approving the form of the Funding, Acquisition and Disclosure Agreements; and authorizing related actions and the execution of related documents to implement the proposed Financing Plan, with Exhibit A. 

Paul Eldridge, Assistant City Engineer, introduced the item.

John Knox of Orrick Herrington, Bond Counsel for the City, explained the procedure for the approval of the CIFP. Mr. Knox stated that if this item is approved, the preliminary official statement will be mailed out to investors, there will be a marketing period, the bonds will be priced and we will close the bond issue in early September. The taxes for the assessments will go on the tax roll for this fiscal year.

The Public Hearing was opened

Chris Mosser, representing Lucia Albers property owner, stated that Mrs. Albers chose not to join the Assessment District because the assessment costs were too high.

Lucia Albers, Brentwood property owner, stated that she would like to join the Assessment District however the fees are too high. She further stated that infrastructure improvements were not being made along her property line. Ms. Albers concluded by stating that she felt she was not being treated equally.

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

Mayor McPoland asked Bailey Grewal, City Engineer and John Stevenson, City Manager, to continue to work with the applicant on the Albers property with regards to financial and roadway matters.

Mr. Stevenson responded that the City has spent countless hours working with the applicant and would continue to do so.

RESOLUTION NO. 2640

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING CAPITAL IMPROVEMENT FINANCING PLAN 2002-1 AND ACKNOWLEDGING CERTAIN FINDINGS OF THE CITY MANAGER IN ACCORDANCE WITH TITLE 17.805 OF THE BRENTWOOD MUNICIPAL CODE, AS AMENDED

RESOLUTION NO. 2641

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AMENDED BOUNDARY MAP, OVERRULING PROTESTS, APPROVING FINAL ENGINEER’S REPORT AND ASSESSMENTS, ORDERING ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS AND LEVYING ASSESSMENTS

RESOLUTION NO. 2642

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DETERMINING SIGNIFICANT PUBLIC BENEFITS TO THE CITY OF BRENTWOOD FROM THE SALE OF LOCAL OBLIGATIONS TO THE BRENTWOOD INFRASTRUCTURE FINANCING AUTHORITY; APPROVING FORM AND SUBSTANCE OF TRUST AGREEMENT AND AUTHORIZING CHANGES THERETO AND EXECUTION THEREOF; PROVIDING FOR THE ISSUANCE OF CITY OF BRENTWOOD LIMITED OBLIGATION IMPROVEMENT BONDS, ASSESSMENT DISTRICT NO. 2002-1; APPROVING THE SALE OF SAID BONDS (WHICH ESTABLISHES THE MATURITIES OF AND INTEREST RATES ON SAID BONDS); APPROVING A LOCAL OBLIGATION PURCHASE CONTRACT; APPROVING A PRELIMINARY OFFICIAL STATEMENT AND A FINAL OFFICIAL STATEMENT; APPROVING A CONTINUING DISCLOSURE AGREEMENT; APPROVING THE FORM OF THE FUNDING, ACQUISITION AND DISCLOSURE AGREEMENTS; AND AUTHORIZING RELATED ACTIONS AND THE EXECUTION OF RELATED DOCUMENTS TO IMPLEMENT THE PROPOSED FINANCING PLAN

It was moved/seconded by Petrovich/Gomes to waive full reading of Resolution Nos. 2640, 2641 and 2642 and same be adopted as recommended by staff. Motion passed by the following vote:

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

Councilmember Hill arrived at 8:00 p.m.

15. Consideration of an Ordinance to rezone an approximate 0.91 acre site from R-3 to PD-50 and creating development standards for Planned Development No. 50 for property located at the northwest corner of Sycamore Avenue and Barbara Street (APN 016-150-002). (M. Oshinsky/D. Hill) Continued from July 23, 2002.

Debbie Hill, Assistant Planner, commented that this item was continued from July 23, 2002 due to some concerns raised by the adjacent property owner, Mr. Kelly. Ms. Hill addressed Mr. Kelly’s concerns as follows:

• Discrepancy in the location of the property line. Ms. Hill confirmed that both properties were surveyed and the property line is shown correctly on the plans.

• Loss of shade trees in rear of property. Mr. Sherdel, applicant, has agreed to build a new wood fence along the western edge of the property. 

ORDINANCE NO. 714

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING REZONE 01-09 OF A 0.91 ACRE SITE FROM R-3 (HIGH DENSITY RESIDENTIAL) TO PLANNED DEVELOPMENT 50 AND ADDING SECTION 17.505 TO THE BRENTWOOD MUNICIPAL CODE WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR PLANNED DEVELOPMENT 50 LOCATED AT THE NORTHWEST INTERSECTION OF SYCAMORE AVENUE AND BARBARA STREET (APN 016-150-002).

It was moved/seconded by Gomes/Beckstrand that the first reading of Ordinance No. 714 be waived and the same be approved as recommended by staff. Motion passed by the following vote:

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

16. Consideration of an appeal of the Planning Commission's approval of a Conditional Use Permit (CUP 02-10) to allow a health club within Building 'A' of the Guthrie Commercial Complex, located on the east side of Guthrie Lane, approximately 250 feet south of Balfour Road (APN 010-150-034) of Conditional Use Permit Number 02-10 (Club One). 

Councilmember Hill excused himself from the dais because his personal residence is within 500 feet of the project. 

Mayor McPoland excused himself from the dais. His restaurant has catered meals for the applicant within a twelve month period and even though this time frame falls within the FPPC guidelines, he is choosing to excuse himself to avoid any appearance of conflict. 

Erik Nolthenius, Associate Planner, introduced the item explaining that on July 2, 2002, the Planning Commission held a public hearing to consider the application submitted by New Point Development, LLC, to allow a health club within Building 'A' of the Guthrie Commercial Complex. The Commission voted to approve Conditional Use Permit No. 02-10 with conditions. This action was appealed by Bernita Stanley within the 14-day appeal period. The appeal points are as follows:

• Noise generated during regular sleeping hours. Mr. Nolthenius responded that the Planning Commission has required that two signs and a barricade be installed in the northeast corner of the site prohibiting parking in that area between the hours of 9 p.m. - 7 a.m. 

• The complete lack of independence between the developer and the Planning Commission. Mr. Nolthenius stated that Mr. Mosser, representing the applicant, resigned his seat from the Planning Commission prior to submittal of the CUP application for this project and prior to the Public Hearing for this project. Mr. Mosser's role in this project was the same as any other developer.

• The total disregard for the parking space requirements which were imposed on Universal Fitness. Mr. Nolthenius responded that the Zoning Ordinance does not specify a parking requirement for health clubs or similar kinds of uses. 

• Another disregarded previous action was the decision to allow a health club to abut residences. Mr. Nolthenius noted that a formal application was never filed in the past to allow a health club or similar use on the project site or in the vicinity. There is no documentation as to why it may have been turned down. The City Council should consider the use and parking based on the facts and issues before it at this time. 

The Public Hearing was opened. 

Bernita Stanley, appellant, commented that she was mainly concerned with noise issues. The houses that have a second story will not be protected. Ms. Stanley also expressed concern with what she feels is misinformation supplied by Matt Ellison. A letter supplied by Mr. Ellison talks of installing offices which will be quiet in the evenings and on the weekends. Ms. Stanley also felt that Mr. Mosser’s resignation from the Planning Commission was tardy. She feels that Mr. Mosser may have had undue influence on the Planning Commission with regards to the project. Ms. Stanley also stated that she felt Club One was receiving preference over Universal Fitness with regards to parking spaces. Lastly Ms. Stanley mentioned the difficulty she felt the residents would have accessing their homes on Balfour Road with the increase in traffic generated by the health club.

Chris Mosser, representing Mr. Ellison with New Point Development, LLC, commented on each appeal point. Mr. Mosser stated that both a noise and parking study were conducted and each was found to be adequate. Mr. Mosser commented that it is unfortunate that the appellant has chosen to politicize the issue as a means to appeal an approved project. Mr. Mosser reiterated with regard to accusation that a previous health club applicant was not allowed to abut residences that a formal application was never filed in the past to allow a health club or similar use on the project site or in the vicinity. He concluded that the development is in line with the General Plan and asked that Council uphold the Planning Commission decision to approve the CUP and deny the appeal.

Councilmember Petrovich asked if he had a certified report from a noise engineer. 

Mr. Mosser responded that the noise test was done on the roof of the Technology Center by Lloyd Dinskelspiel, Building Inspector for the City of Brentwood. 

Councilmember Petrovich responded that unless he had a certified report from a noise engineer the report is unacceptable. 

The following residents spoke in favor of the appeal. Their concerns were noise, hours of operation, parking, and the appearance of impropriety on the part of the project participants.

• Mary Richards, resident 
• Charles Richards, resident
• Robert Stanley, resident
• Steven Schumaker, resident 

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

Councilmember Petrovich asked Howard Sword, Director of Economic Development, to explain the proposed $100,000.00 PEC Fund Grant for Ellison Framing.

Mr. Sword responded that the PEC Fund Grant is not a gift of public funds but a grant given for job creation. It was staff’s opinion of the 155 jobs that would be created with both the health club and the other tenants of the complex, that would be approx. $667.00/job, which is a relatively small amount in comparison to other PEC grants which have been made.

Councilmember Petrovich asked if there are any other PEC grants in the area that are similar to the one proposed for Ellison Framing.

Mr. Sword responded that Precision Cabinets, which is located in the same area received a PEC grant. 

Councilmember Beckstrand asked for clarification on the map of the project. The map in the Council packet has both the NE corner and the SE corner of the parking lot closed but the written comments only discuss the NE corner of the parking lot.

Mitch Oshinsky, Director of Community Development, commented that there is a condition of approval that the NE Corner of the parking lot, which is closest to the health club, be blocked off during the evening hours so the noise does not impact the surrounding neighbors. The Planning Commission did not require the developer to block off the SE Corner of the parking lot but the developer has proposed to do that as a courtesy to the adjacent property owners. 

Councilmember Beckstrand asked if there would be adequate parking for the Health Club during the evening hours if both parking sections were blocked off. 

Mr. Oshinsky responded that he thought there would be sufficient parking. If additional parking is needed, the gate can be taken off the other section.

Councilmember Beckstrand commented that if this project were to move forward she would like to see both of the lots blocked off to help alleviate the noise impact to the neighborhoods.

Councilmember Gomes stated that one of the priorities the City has set is to generate jobs in the City. PEC grants generate jobs. The City is trying to reduce traffic by giving our residents job opportunities in town instead of having to commute on the freeway every day. If we can create 155 jobs at this location, that is 155 people whose quality of life we have greatly increased. Our City would never allow any business to generate noise that exceeds the legal levels that we have in our City. If that would even occur after the club was built and you complain to the City, we would shut them down until they mitigate those impacts on surrounding neighborhoods. 

Councilmember Beckstrand stated that she understands the public’s concerns. She commented she did not believe Mr. Ellison tried to deceive the property owners but really believed as the usage changed, that that was what was conceivable for that property at the time. Changes are constantly being made. The project was properly noticed. The City works hard to keep the public informed at all times. We have even held Public Hearings on projects when they were not required. We, as property owners, need to understand that if something is going on in our neighborhood, we need to stay on top of it. 

Councilmember Petrovich stated that he has studied the project and concurs that there will not be a noise problem. He further stated that Chris Mosser would not use his influence to try to get the project approved and he has not known Mr. Mosser to do anything unethical. 

RESOLUTION NO. 2642A

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD UPHOLDING THE PLANNING COMMISSION'S APPROVAL AND DENYING AN APPEAL, BY BERNITA STANLEY, OF CONDITIONAL USE PERMIT NO. 02-10 (CUP 02-10) TO ALLOW A HEALTH CLUB WITHIN BUILDING 'A' OF THE GUTHRIE COMMERCIAL COMPLEX, AN APPROXIMATE 4-ACRE SITE LOCATED ON THE EAST SIDE OF GUTHRIE LANE, APPROXIMATELY 250 FEET SOUTH OF BALFOUR ROAD (APN 010-150-034).

It was moved/seconded by Gomes/Beckstrand to deny the appeal and approve Resolution 2642A upholding the Planning Commission’s approval of a Conditional Use Permit (CUP 02-10) to allow a health club within Building ‘A’ of the Guthrie Commercial Complex, located on the east side of Guthrie Lane, approximately 250 feet south of Balfour Road (APN 010-150-034) of Conditional Use Permit Number 02-10 (Club One). Motion passed by the following vote:

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

Council recessed to a break at 9:15 p.m. 

Council convened at 9:25 p.m.

17. Approve a Resolution adopting the 2002/03 Cost Allocation Plan and revising the City's service fees. (P. Ehler)

Pamela Ehler, Director of Finance and Information Services, introduced the item. 

The Public Hearing was opened. 

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

RESOLUTION NO. 2643

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING THE 2002/03 COST ALLOCATION PLAN. 

It was moved/seconded by Petrovich/Beckstrand to approve Resolution No. 2643 adopting the 2002/03 Cost Allocation Plan and revising the City's service fees as recommended by staff. Motion carried by the following vote:

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

18. Consideration of a Resolution granting a Residential Growth Management Program (RGMP) allocation of 47 dwelling units located on the north side of Central Boulevard, approximately 660 feet east of Fairview Avenue (east half of APN 017-050-027) to Braddock & Logan Services, Inc. (M. Oshinsky/E. Nolthenius)


Erik Nolthenius, Associate Planner, gave an overview of the item explaining that the original request from the applicant had the subdivision at the corner of Central and Fairview, with the new church to the east. During the first RGMP process, it was agreed that the two projects be "flipped" so that the church could occupy the more prominent corner location. Mr. Nolthenius added that the application was rated by the RGMP Committee based on awarding points to a set of 10 criteria that were established as part of the RGMP. A project needs a minimum of 100 points to receive an allocation. Staff initially reviewed the application and provided a recommendation to the RGMP Committee. When the Committee met to consider Staff's recommendation, two changes were made. The first was to require that the referenced street improvements be completed prior to the issuance of any building permits for the new subdivision, and the second was to require a pocket park somewhere within the subdivision. A total of 53 allocations have been awarded so far for fiscal year 2001-02, with the 47 currently requested representing the last cycle for the fiscal year. If approved, a total of 100 allocations will have been awarded for the fiscal year.

Councilmember Hill commented that the RGMP Committee qualified their recommendation conditional upon the inclusion of a pocket park and the reconfiguration of the entrance to the subdivision off of Central to intersect Valley Green at 90 degrees.

The Public Hearing was opened.

A representative of Braddock & Logan spoke regarding the improvements they are doing as a result of the lot change. Additionally, they renegotiated their purchase with the Church. He stressed that this was not a density increase. They do have more units but that is a result of additional property. He stated that Braddock & Logan would be willing to realign the entrance to the subdivision but felt the pocket park was not warranted. He added that he has talked with the Catholic Church who are developing the property adjacent to the subdivision about the possibility of sharing their park with the neighborhood.

Mayor McPoland commented that it is very important the children in the neighborhood have a park. In other areas of the City the neighborhoods are sharing parks with the schools and it seems to be working.

Jim McCain representing the Arch Diocese of Oakland, commented that the Church would be willing to share the park with the surrounding neighborhood however, he did not have a time frame on the completion date of the park. It could be five to ten years out. They would be willing to work with the developer to put up a basketball court on the property until the school was constructed. The Church would want to put up signage absolving them from liability should someone get hurt while playing basketball and they would like to reserve the right to expel anyone vandalizing the property. 

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

Councilmember Hill stated that the addition of two-acres to the project was not a one-for-one increase in density. The 4.5 houses/acre originally granted would result in approximately 46 lots. The additional two-acres increased that to 4.56 houses/acre which is approximately 47 lots. The project had zero point before the partnership with the Church occurred. He commented that he felt the subcommittee acted appropriately in requesting the pocket park amenity. At the same time, he recognized the fact that there will be a park one street away on the Church property. If there is a relationship that can be built with the Church and the road entrance is realigned, he could probably agree with the project. 

Councilmember Beckstrand stated that she doubted that making a deal with the church that will not be completed in five to ten years is not going to satisfy the needs of the homeowners.

Mayor McPoland recommended that Council approve the resolution with the conditions that Braddock & Logan work with the Catholic Church on the shared amenities and do the street alignment.

Craig Bronzan, Director of Parks and Recreation, commented that there are many issues to be considered when a neighborhood and school share a park including the hours the public will have access to the amenities.

Councilmember Hill reminded the applicant that the map still has to stand on its own with regards to zoning issues and set back issues etc. This is strictly an allocation to allow you to move forward.

RESOLUTION NO. 2644

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD GRANTING A REVISED ALLOCATION FOR 47 DWELLING UNITS TO BRADDOCK & LOGAN SERVICES, INC. IN ACCORDANCE WITH ITS APPLICATION SUBMITTED FOR THE RESIDENTIAL GROWTH MANAGEMENT PROGRAM (RGMP) FOR THE CYCLE ENDING MARCH 30, 2002, LOCATED ON THE NORTH SIDE OF CENTRAL BOULEVARD, APPROXIMATELY 660 FEET EAST OF FAIRVIEW AVENUE (EAST HALF OF APN 017-050-027). 

It was moved/seconded by Hill/Beckstrand to approve Resolution No. 2644 with the provision that Braddock & Logan work with the Church/school for joint use of the park and work with the traffic engineer to resolve traffic issues. Motion passed by the following vote:

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

19. Consideration of an Ordinance to amend the City of Brentwood Municipal Code by adding Chapter 15.68, Gas Shutoff Devices. 

Randy Kidwell, Chief Building Official, explained that this Ordinance amendment adds language to the Municipal Code to require the installation of automatic gas shut-off devices in new construction as well as in remodels that alter gas piping. Mr. Kidwell commented that in most of California as well as in Brentwood, homes and public buildings use natural gas and consequently are vulnerable to potential explosions caused by disconnected or broken gas lines. In the past, gas lines have been broken by earthquakes, floods, and construction accidents. Because this danger exists downstream of the gas meter it is not the responsibility of the utility company, leaving the problem in the public’s domain. In response to this, over the past several years, cost effective technologies have been developed to mitigate this problem.

The Public Hearing was opened.

Mario DeTomasi, representing the Natural Gas Safety Committee, spoke regarding the necessity of natural gas safety. He cited several instance of natural gas explosions across the United States and the benefits of the gas shutoff devices.

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

ORDINANCE NO. 715

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADDING CHAPTER 15.68 GAS SHUT-OFF DEVICES TO THE MUNICIPAL CODE. 
It was moved/seconded by Gomes/Petrovich that the first reading of Ordinance No. 715 be waived and the same be approved as recommended by staff. Motion passed by the following vote:

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

20. Consideration of an Ordinance amending Chapter 17.880 of the Brentwood Municipal Code (the Zoning Ordinance) relating to the time period for filing appeals of decisions by the Planning Commission, Zoning Administrator or other Administrative Officials, as well as a minor change in the manner in which appeals are scheduled for hearing. 

Mike Leana, Chief of Planning explained that in an attempt to streamline its appeal process and establish a uniform appeal period staff is proposing changes to the city's existing appeal procedures. With the recent increase in the number of actions appealed we felt it was time to establish a uniform appeal period in order to eliminate any confusion or misunderstandings by the development community and our citizens.

Mayor McPoland commented on the procedure of dropping off documents on the same day as the hearing and how difficult for staff to address those items with no time to review them.

Dennis Beougher, City Attorney, responded that we have now required that all comments must be submitted seven to ten days before the hearing.

The Public Hearing was opened.

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

Councilmember Hill commented that he would like Council continue to set the date for the appeals.

ORDINANCE NO. 716

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING CHAPTERS 17.880 AND 18.04 OF THE BRENTWOOD MUNICIPAL CODE RELATING TO PROCEDURES FOR FILING APPEALS

It was moved/seconded by Gomes/Petrovich that the first reading of Ordinance No. 716 be waived and the same be approved with the provision that Council continue to set the dates for the Public Hearings. Motion passed by the following vote:

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

OLD BUSINESS

21. Review draft Articles of Incorporation and Bylaws for the Brentwood Agricultural Land Trust; and direct staff to amend the Zoning Ordinance funding limit for administration of the Trust. 

Mitch Oshinsky, Director of Community Development, gave a brief overview of creation of the Article of Incorporation and Bylaws for the Brentwood Agricultural Land Trust and the fiscal impacts associated with the trust.

Council held a brief discussion. It was moved/seconded by Beckstrand/Gomes to directed staff to move forward with the Article of Incorporations and Bylaws for the Brentwood Agricultural Land Trust with Councilmembers Hill and Petrovich opposing. 

22. Consider a Request for Planned Employment Center (PEC) Funds and a Deferred Fee Agreement from Ellison Framing. Continued to August 27, 2002 per Agenda Review.

CITIZEN COMMENTS - None

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS 

Councilmember Petrovich announced that the Wheelchair Foundation will be hosting a luncheon with Ed McMahon at Bunker’s Grille on August 19, 2002 at 1:00 p.m. Donations are $75.00.

Mayor McPoland stated that he will be attending the LAFCO meeting on August 14, 2002.

REQUESTS FOR FUTURE AGENDA ITEMS 

Councilmember Petrovich requested a discussion on the City’s Ordinance which requires three banks in the downtown area.

Councilmember Beckstrand requested information regarding the City requesting an RFP for legal and consulting services.

ADJOURNMENT

There being no further business, the meeting was adjourned at 10:40p.m.

Respectfully Submitted,
Cynthia Goulding
Deputy City Clerk

 

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