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Meeting Minutes

 

MINUTES
CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
November 12, 2002 

A regular meeting of the City Council of the City of Brentwood was called to order at 6:30p.m. in the Council Chambers located at 734 Third Street, with Vice-Mayor Petrovich presiding.

Present: Councilmembers Beckstrand, Gomes, Hill, Vice-Mayor Petrovich
Absent: Mayor McPoland 

The meeting adjourned to closed session at 6:35 p.m. pursuant to Government Code §54956.9(a) – l

CLOSED SESSION 
Public Employee Performance Evaluation pursuant to Government Code §54957.6: - Title: City Manager

Closed Session adjourned at 7:15 p.m.

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

PLEDGE OF ALLEGIANCE & PATRIOTIC INTERLUDE BY 80VOLTS (LIBERTY HIGH SCHOOL CHOIR)

PRESENTATIONS 

A. New Employee Introductions and Oaths of Allegiance. Pulled per Agenda Review.

B. Proclamation proclaiming November, 2002 as Homeless Awareness Month in the City of Brentwood.

C. Presentation on the National Government Finance Officer’s Association award of excellence for 2000/01 Comprehensive Annual Financial Report (CAFR). Pulled per Agenda Review.

D. SR4 East Corridor Transit Study, status report on eBART.

Susan Miller and Ellen Smith representing the Contra Costa Transit Authority and Bill Hurl representing Wilbur Smith Associates, gave an overview of the SR4 East Corridor Transit Study highlighting the options being considered and associated costs. 

Councilmember Hill expressed concern that the solution being considered will not meet the needs of the residents of the City of Brentwood.

AGENDA REVIEW

Pres A Pulled per staff request. (P. Standley)

Pres C Pulled per staff request. (P. Ehler)

Item 1 Amended Minutes of October 22, 2002. (K. Diaz) 

Motion to add Item 21A to the agenda on the basis that the item came to the attention of staff after the agenda was posted. (Gov’t Code 54956.5)

Item 21A Granting a 15-day continuance to receive Request for Proposal for Cable Television Franchise. (D. Beougher)

It was moved/seconded by Hill/Petrovich to add Item 21A to the Consent Calendar per staff request. Motion carried with Mayor McPoland absent.





CITIZEN COMMENTS

Mary Lopez, resident, spoke regarding her concerns with regards to trailers and motor homes being parked in residential neighborhoods. She also expressed concerns regarding multiple families residing in single-family homes. 

Council directed the City Manager to investigate Ms. Lopez’s concerns.

CONSENT CALENDAR

1. Approve Minutes of October 22, 2002. Pulled for further discussion. 

2. Approved Resolution No. 2728 accepting the work performed by Clayborn Contracting Group, Inc., for construction of the Site Improvements for Water Well No. 14, CIP Project No. 562-5615, and directing the City Clerk to file a Notice of Completion with the County Recorder. 

3. Waived second reading and adopt Ordinance No. 725 amending Planned Development (PD) 35 to create development standards for Subarea “E” (TSM 8556) within PD-35, located west of Fairview Avenue, south of Apricot Way and north of Sand Creek Road. 

4. Set the date of Tuesday, November 26, 2002 at 6:00 p.m. for a joint workshop with the Brentwood Arts Commission. 

5. Approved recommendation for the appointment of Darcy Garrity to the City of Brentwood Youth Commission. 

6. Approved Arts Commission recommendation for selection of Mary Jane Barnes-Lawson as the City of Brentwood Poet Laureate for a two-year term beginning on January 1, 2003 and ending December 31, 2004.

7. Accepted the resignation of Don Meagher from the City of Brentwood Arts Commission and directed the City Clerk to advertise the vacancy. 

8. Approved Resolution No. 2729 authorizing the City Manager to execute a Reimbursement Agreement with the City of Antioch for Brentwood’s portion of the Lone Tree Way Widening Project – Segment 1 between Jeffery Way and Empire Avenue, CIP Project No. 336-3127, and authorize the City Manager to approve change orders up to 10% of the original contract amount.

9. Approved Resolution No. 2730 authorizing the City Manager to execute a Professional Services Agreement with Harris and Associates in an amount not to exceed $195,851 to provide Resident Engineering Services for Lone Tree Way Widening Project – Segment 2 between Jeffery Way and Fairview Avenue for CIP Project No. 336-3127, and granting the City Manager authority to execute change orders up to 10% of the contract amount. 

10. Authorized the City Attorney to add the City of Brentwood’s name to an amicus curiae petition and briefs on the merit prepared on behalf of the City of Sacramento in the matter of Barden v. City of Sacramento, concerning an appeal of the Ninth Circuit Court of Appeal’s decision to the California Supreme Court that will have serious implications for all American cities and counties, as well as all telecommunication and utility companies and counties. 


11. Approved Resolution No. 2731 accepting the offers of dedication for easements for ingress and egress by emergency vehicles for parcels “A”, “B”, “C”, “D”, “E”, ”F” and “G” (private streets); accepting the offers of dedication for the areas designated as “Storm Drain Easement” or “S.D.E.” for public use for storm, flood and surface water drainage purposes; accepting the offers of dedication for the areas designated as “Public Service Easement” or “P.S.E.” for public use as shown on the Final Map; accepting all subsurface water and abutters rights relinquished on said Final Map and accepting public improvements (water lines, sanitary sewer, storm drain, fiber optics and streets with all related improvements); accepting the Subdivision Maintenance Bond and releasing the Subdivision Improvement Securities for Subdivision No. 8083, Pulte Home Corporation, located south of Balfour Avenue and west of Fairview Avenue.

12. Approved lease/purchase financing agreement with Koch Financial in the amount of $345,100 for asphalt paving equipment approved in the 2002/03 budget. 

13. Approved Resolution No. 2732 authorizing closure of certain streets and temporarily establishing no parking restrictions in order to facilitate the 2002 Brentwood Chamber of Commerce Holiday Parade and the Christmas Tree Lighting Ceremony on November 30, 2002.

14. Approved Resolution No. 2733 fixing the employer’s contribution under the Public Employees’ Medical and Hospital Care Act for non-sworn employees and approved Resolution No. 2734 fixing the employer’s contribution under the Public Employees’ Medical and Hospital Care Act for sworn employees. 

15. Approved Resolution No. 2735 revising the classification of Water/Wastewater Operations Manager to establish two separate classifications, Water Operations Manager and Wastewater Operations Manager, and the reclassification of existing staff to fill the revised classifications. 

16. Waived second reading and adopted Ordinance No. 726 approving the amendment to PD-35 establishing development standards for an approximate 81-acre site, located at the southeast corner of the future Grant Street extension and future Shady Willow Lane extension. 

17. Approved Resolution No. 2736 authorizing the submittal of a grant proposal to the State of California Resources Agency for the Environmental Enhancement and Mitigation Program, 2003-04 grant cycle, and authorizing the City Manager to execute all necessary documents for the completion of the project, related to the construction of Sand Creek Road, Central and East, CIP Project No. 336-3061. 

18. Approved Resolution No. 2737 approving the City of Brentwood 2002/2003 Disadvantaged Business Enterprise (DBE) Program goal of 3% for U.S. Department of Transportation (DOT) contracting opportunities. 

19. Approved Resolution No. 2738 approving an agreement with Simon and Company, Inc. to provide assistance in developing, implementing and lobbying for federal funding opportunities for the City of Brentwood. 

20. Approved Resolution No. 2739 awarding the Construction Contract for the Second Street Parking Lot, CIP Project No. 336-3135 to Antioch Paving Company, Inc., in the amount of $45,462.59; authorizing the Executive Director to execute the agreement and necessary documents and granting the City Manager authority to execute change orders up to 10% of the contract amount. 

21. Approved a Professional Services Agreement with Berryman and Henigar for the Apple Hill Trail connection under Apple Hill Drive bridge and gabion drop structure for Contra Costa County Flood Control.


21A. Approved a 15-day continuance to receive Request for Proposal for Cable Television Franchise. 

It was moved/seconded by Beckstrand/Hill to approve Consent Calendar Items 2–21A as recommended by staff. Motion carried with Mayor McPoland absent.

Item 1 Approve Minutes of October 22, 2002. 

It was moved/seconded by Hill/Beckstrand to continue Consent Calendar Item 1 to November 26, 2002. Motion carried with Mayor McPoland absent.

PUBLIC HEARINGS

22. Consideration of a Resolution approving and authorizing the execution of a Disposition and Development Agreement between the Redevelopment Agency of the City of Brentwood and RHS Construction for the development of a 9-unit subdivision, Casitas Del Sol at 159 Sycamore Avenue within the North Brentwood Redevelopment Project Area. 

Gina Rozenski, Redevelopment Analyst, explained that on July 2, 2002, RHS Construction submitted a design of the parcel located at 159 Sycamore Avenue for a nine lot subdivision. On August 27, 2002, Council adopted Ordinance 714 approving a rezone and development standards for this project

The City Council adopted Ordinance 714 on August 27, 2002, to approve the parcel’s rezone and development standards for this project. 

Under this Disposition and Development Agreement, the Developer will purchase the Agency-owned property from the Agency and use the Site for the design and construction of a 9-unit, high density, single family townhome project. The Agency shall sell the site to the Developer for $200,000, which is considered fair market value for multi-family residential property, based on current land prices in the market area of $5.00 per square foot. The Agency’s interest in redeveloping this site is to provide new for-sale dwelling units in an area that is predominately affordable rental housing. The Agency is not imposing conditions or requirements on this development, such as affordability covenants, that would impact the financial feasibility of the Project. However, to the extent permitted by law, the Developer shall design a marketing and resale program that gives preferences to persons and households who live and/or work in the City of Brentwood. The high-density project will provide another housing product at a market price not currently available in the City of Brentwood’s predominately single-family housing stock selling at area median prices. 

The Public Hearing was opened.

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

Councilmember Petrovich asked the cost of the new homes.

Ms. Rozenski responded that the homes would sell for $265,000 each.

RESOLUTION NO. 2740

RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF BRENTWOOD AND ROBERT H. SHERDEL DOING BUSINESS AS RHS CONSTRUCTION


It was moved/seconded by Hill/Gomes to waive full reading and approve Resolution No. 2740 as recommended by staff. Motion passed by the following vote:

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

23. Consideration of a Resolution approving and authorizing the execution of a Disposition and Development Agreement between the Redevelopment Agency of the City of Brentwood and Christian Church Homes, Inc., for the development of Sycamore Place II, within the North Brentwood Redevelopment Project Area. 

Gina Rozenski, Redevelopment Analyst, explained that in June 2000, the City Council approved an option to purchase for the sale of 161 Sycamore Avenue, currently housing the City’s Corporation Yard, in the amount of $400,000 for the development of a very low income, senior apartment complex, similar to the existing Sycamore Place I complex at 1100 Sycamore Court. On January 8, 2002, by Resolution No. RA-37, the Brentwood Redevelopment Agency approved a contribution from its Low and Moderate Housing Fund to the Sycamore Place II project in the amount of $585,421. The increase from the original $454,699 approval to $585,421 was directly caused by the increase in the appraised value of the land from the original estimate of $400,000 to $530,722, for which the City wishes full consideration and payment.

Christian Church Homes proposes to develop a 40-unit senior apartment complex, known as Sycamore Place II. Development will consist of 39 one-bedroom units and 1 two-bedroom unit for the on-site manager, and a community building. The site will be fully fenced and a pedestrian connection to Sycamore Place I shall be installed. Sycamore Place II shall be of similar architecture, style and unit size as the original Sycamore Place I. Like Sycamore Place I, Sycamore Place II will be owned and managed by Christian Church Homes.

The Public Hearing was opened. 

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

RESOLUTION NO. 2741

RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF BRENTWOOD AND CHRISTIAN CHURCH HOMES, INC.

It was moved/seconded by Hill/Beckstrand to waive full reading and approve Resolution No. 2741 as recommended by staff. Motion passed by the following vote:

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

Vice-Mayor Petrovich acknowledged Assemblywoman Lynn Leach in the audience. 

Assemblywoman Leach addressed Council commented that it has been an honor to serve the 15th District for the past six years and thanked the citizen’s of Brentwood for their continued support.

Council thanked Assemblywoman Leach for her leadership efforts during her term of office and the advancements she has made for Brentwood.


24. Consideration of an Ordinance amending Sections 17.650 (Accessory, Temporary and Service Uses) and 17.850 (Temporary Use Permit) of the Brentwood Municipal Code. The Planning Commission and staff recommend that the City Council introduce and waive first reading of an Ordinance to amend the Temporary Use Provisions of the Zoning Ordinance

Mitch Oshinsky, Director of Community Development, introduced the item stating that Council had directed staff to amend the temporary use permit dealing with outdoor retail sales. After examining the temporary use ordinance, it was discovered that the provisions are dated, spread through two different sections of the code and do not provide clear criteria upon which to evaluate temporary uses. Therefore, we are proposing a comprehensive revision to the temporary use provisions to bring them more up to date and make them more user-friendly.

The Public Hearing was opened.

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

ORDINANCE NO. 727

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING SECTIONS 17.650 (ACCESSORY, TEMPORARY AND SERVICE USES) AND 17.850 (TEMPORARY USE PERMIT) OF THE BRENTWOOD MUNICIPAL CODE.

It was moved/seconded by Beckstrand/Hill to waive first reading and approve Ordinance No. 727 as recommended by staff. Motion passed by the following vote:

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

OLD BUSINESS

25. Approve a Development Agreement to contribute $100,000 of Planned Employment Center funds; and approve a Standard Commercial, Office and Industrial Development Fee Payment Agreement with New Point Development, LLC, for a 50,000 square foot commercial development located on the east side of the Guthrie Lane and Harvest Park Boulevard intersection; and authorize Staff to revise the Standard Commercial, Office and Industrial Development Fee Payment Agreement to reflect future changes in standard fee calculation. 

Councilmember Hill excused himself stating th1at his residence is within 500 feet of the project area.

Howard Sword, Director of Community Development, explained that City Council directed Staff at its August 27, 2002 meeting to return with Development Agreements with New Point Development, LLC, for a $100,000 contribution from Planned Employment Center (PEC) Funds and a Deferred Fee Agreement. The PEC Agreement was to specifically address the timing of building construction and a method of verification of number of jobs produced. The building construction will be as follows: 

1. Building A; foundations poured by April 1, 2003.

2. Building C; foundations poured by September 1, 2003.

3. Building B; foundations poured by June 1, 2004.


The number of jobs produced will be verified by an annual report submitted by New Point to the Economic Development and Finance Departments for five years commencing on February 1, 2004. These reports shall list the tenants and / or owners of the buildings and the number of each company's employees. New Point shall pay the City back its full $100,000 contribution if the total number of employees for all three buildings is less than 100 for two consecutive years.

It was moved/seconded by Petrovich/Beckstrand to approve a Development Agreement to contribute $100,000 of Planned Employment Center funds; and approve a Standard Commercial, Office and Industrial Development Fee Payment Agreement with New Point Development, LLC, for a 50,000 square foot commercial development located on the east side of the Guthrie Lane and Harvest Park Boulevard intersection; and authorize Staff to revise the Standard Commercial, Office and Industrial Development Fee Payment Agreement to reflect future changes in standard fee calculation. Motion carried with Mayor McPoland absent and Councilmember Hill abstaining.

NEW BUSINESS

26. Approve a Resolution authorizing the contribution of $10,000 from the City Manager’s contingency fund toward the Liberty High School A Cappella and Chamber Singers Choirs’ participation in the 2003 National Music Festival of the States. 

Councilmember Beckstrand commented that the Liberty High School A Cappella and Chamber Singers Choirs’ were nominated by other choir directors within the State of California to represent California at the National Music Festival of the States in Washington DC. The cost of the trip will be approximately $80,000.00 for the eighty student choir. 

RESOLUTION NO. 2742

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CONTRIBUTION OF $10,000 FROM THE CITY MANAGER’S CONTINGENCY FUND TOWARD THE LIBERTY HIGH SCHOOL A CAPPELLA AND CHAMBER SINGERS CHOIRS FOR PARTICIPATION IN THE 2003 NATIONAL MUSIC FESTIVAL OF THE STATES IN WASHINGTON, D.C.
It was moved/seconded by Beckstrand/Hill to waive full reading and approve Resolution No. 2742 as recommended by staff. Motion passed by the following vote:

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

REQUEST FOR FUTURE AGENDA ITEMS

Councilmember Gomes requested staff draft an Ordinance addressing barking dogs.

There being no further business the meeting was adjourned at 8:45 p.m.

Respectfully Submitted,



Cynthia Goulding
Deputy City Clerk

 

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