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Meeting Minutes

CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, 7:00 P.M.
DECEMBER 11, 2007
COUNCIL CHAMBER

CALL TO ORDER CITY COUNCIL (5:30 PM)
Roll Call
Present: Becnel; Brockman; Richey; Stonebarger; Taylor

PUBLIC COMMENTS - None (5:31)

CLOSED SESSION ITEMS

City Council Closed Session pursuant to Government Code Section 54956.9(a): CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION. Name of case: Vaughn, et al. v. City of Antioch, et al.

City Council Closed Session pursuant to Government Code Section 54956.9(c): CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION. Case Name: One Potential Case.

City Council Closed Session pursuant to Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION. Case Name: One Potential Case.

ADJOURN TO CLOSED SESSION - Community Development Conference Room - 118 Oak Street, Brentwood, CA 94513 (5:32 PM)

RECESS CITY COUNCIL (6:37 PM)

RECONVENE CITY COUNCIL IN OPEN SESSION/CALL TO ORDER REDEVELOPMENT AGENCY - 734 Third Street, City Council Chamber (07:00 PM)

PLEDGE OF ALLEGIANCE (07:00 PM)

INVOCATION - Elder Arthur Mijares, Mountain View Christian Center (07:01 PM)

Roll Call (07:04 PM)
Present: Becnel; Brockman; Richey; Stonebarger; Taylor

REPORT ON CLOSED SESSION - None (07:04 PM)

PRESENTATIONS (07:04 PM)

A. Presentation of ICMA award to City Manager, Donna Landeros (Mayor Taylor)

On behalf of the City Council, Mayor Taylor, recognized City Manger, Donna Landeros, with an award received by the International City Managers Association for 35 years of local government service, and honored her accomplishments and professionalism.

City Manager, Donna Landeros, said it was an honor to work with Council and be a part of the City team.

C. Proclamation honoring returning Veteran Demetrius Kamalakis (Mayor Taylor)

Mayor Taylor presented a proclamation to Veteran, Demetrius Kamalakis.

Veteran, Demetrius Kamalakis, accepted the proclamation and said he was thankful for the support and asked for continued support of the troops.

D. Recognition of a proclamation presented to the City of Brentwood by the Board of Supervisors recognizing the City as one of the 100 best communities for young people. (Mayor Taylor)

Mayor Taylor said the City had been honored by the Contra Costa County Board of Supervisors as one of the 100 best communities in the United States for young people.

B. COPS West Award (M. Evenson)

Police Chief, Mark Evenson, spoke about the new color scheme and design on Police patrol cars. The Police Department had submitted the design to COPS West and out of approximately 226 entries, the City won the best cruiser design.

Motion: Move Items 17, 21 and 35 to this point for the purpose of continuing each of the items. Items 17 and 21 continued to January 8, 2008, and Item 35 continued to a date uncertain. Vice Mayor Brockman abstained on Item 35 due to a potential financial conflict.
Moved by Becnel, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

PUBLIC COMMENTS (07:18 PM)

Randy Mass spoke regarding the Council agenda of November 13, 2007, Items 38A and 38B, and requested a copy of the letter which said his pool had met all State and local codes and that the pool was final. He requested a public hearing on what he felt were the violations of the City Municipal Code and the Uniform Building Code. He expressed concerns about how items were handled and said he felt Pulte Homes had received a special privilege. He felt the voice of his neighbors had not been heard and asked the record be set straight.

CONSENT CALENDAR (07:22 PM)

1. PULLED FOR DISCUSSION - Approve minutes of the City Council/Redevelopment Agency meeting of November 13, 2007. (M. Wimberly)

2. Accepted the resignation of Perry Chichaine and accept the vacancy created by Perry Chicaine from the Brentwood Advisory Neighborhood Committee (BANC) (C. Bronzan/B. Gary)

3. Authorized the Mayor to send a letter to Senator Feinstein regarding the East Bay Regional Communications System. (M. Evenson/B. Strock)

4. Adopted Resolution 2007-271 approving and authorizing the City Manager or designee to execute purchase orders, agreements and other necessary documents required to perform work with vendors as backup to vendors with low bid. (B. Grewal/C. Ehlers/J. Gallegos)

5. Adopted Resolution 2007-272 approving and authorizing the City Manager or designee to execute Amendment No. One to Amend the Agreement for Professional Services with Bellecci & Associates for the John Muir Parkway Extension - Phase I, CIP Project No. 336-31640, in the amount of $36,394, plus a 10% contingency of $3,639.40, for a total increased amount of $40,033.40. (B. Grewal/A. Salam)

NOTE: At the meeting of January 22, 2008, Vice Mayor Brockman clarified that he did not wish to abstain on Item 5 - Vice Mayor Brockman abstained and said he owned the property, which presented a possible financial conflict.

6. Adopted Resolution 2007-273 accepting all public improvements for maintenance, excluding King Park; accepting the Subdivision Maintenance Bond; and releasing the Subdivision Improvement Securities for Subdivision No. 8529, Crossroads II, located north of Sand Creek Road and west of Minnesota Avenue, developed by Ponderosa Homes. (B. Grewal/D. Galey)

7. Adopted Resolution 2007-274 accepting the public improvements for maintenance; accepting the Maintenance Bond; and releasing the Improvement Securities for Subdivision Nos. 8556, constructed by D. R. Horton, located along Apricot Way, east of Empire Avenue and west of Fairview Avenue. (B. Grewal/D. Galey)

Adopted Resolution 2007-275 accepting the public improvements for maintenance; accepting the Maintenance Bond; and releasing the Improvement Securities for Subdivision Nos. 8557, constructed by D. R. Horton, located along Apricot Way, east of Empire Avenue and west of Fairview Avenue. (B. Grewal/D. Galey)

8. Adopted Resolution 2007-276 accepting the public improvements for maintenance; accepting the Maintenance Bond; and releasing the Improvement Securities for off-site Shady Willow Lane and Empire Avenue work, excluding landscaping, constructed by Discovery Builders as part of Subdivision No. 8601, located south of Grant Street and north of Empire Avenue. (B. Grewal/D. Galey)

9. Adopted Resolution 2007-277 accepting the public improvements for maintenance; accepting the Maintenance Bond; and releasing the Improvement Securities for the off-site O’Hara Avenue improvements and all in-tract and off-site landscaping including Seedling Park, constructed by Meritage Homes as part of Subdivision No. 8875, located south of Lone Tree Way and north of Grant Street. (B. Grewal/D. Galey)

10. Adopted Resolution 2007-278 accepting all off-site public improvements for maintenance and releasing the Improvement Securities for Design Review No. 04-02, developed by Brockman Engineering, located in the Sunset Industrial Complex. (B. Grewal/D. Galey)

NOTE: At the meeting of January 22, 2008, Vice Mayor Brockman clarified that he was abstaining on Item 10 because he owned the subject property - Vice Mayor Brockman abstained on item 10 since it was adjacent to his property, which presented a possible financial conflict.

11. Adopted Resolution 2007-279 accepting all off-site public improvements; accepting the Maintenance Bond; and releasing the Improvement Securities for Design Review No. 04-04, developed by JFM Development, LLC, located at 550 Harvest Park Drive. (B. Grewal/D. Galey)

12. Adopted Resolution 2007-280 accepting the public improvements for maintenance; accepting the Maintenance Bond; and releasing the Improvement Securities for Minor Subdivision No. 354-00, constructed by Balfour Properties, LLC, located north of Balfour Road and east of John Muir Parkway. (B. Grewal/D. Galey)

13. Adopted Resolution 2007-281 accepting Randy Way sewer line improvements. (B. Grewal/D. Galey)

14. Adopted Resolution 2007-282 accepting all off-site public improvements; accepting the Maintenance Bond; and releasing the Improvement Securities for Conditional Use Permit 00-10, developed by B.P. West Coast Products/ARCO, located at Lone Tree Way and Empire Avenue. (B. Grewal/D. Galey)

15. Adopted Resolution 2007-283 accepting the Storm Drain Line A, Drainage Area 52C public improvements for maintenance; accepting the Maintenance Bond; and releasing the Improvement Securities for these improvements, south of Sunset Road and north of Sycamore Avenue, constructed as a part of Standard Pacific Homes Subdivision No. 8548. (B. Grewal/D. Galey)

NOTE: At the meeting of January 22, 2008, Vice Mayor Brockman clarified that he wished to abstain on Item 15 because the subject property was within 500 feet of property that he owned.

16. Adopted Resolution 2007-284 approving and authorizing the City Manager or designee to execute a Quitclaim Deed to Trilogy Vineyards, LLC for Parcel "Y" and Parcel "FF" of Final Map No. 8796, located easterly and westerly respectively of the State Route 4 Bypass Segment 3. (B. Grewal/D. Boskovic)

17. CONTINUED TO JANUARY 8, 2008 - Adopt a Resolution approving and authorizing the City Manager or designee to execute a Deferred Improvement Agreement between Leon W. Harman, Trustee of the Leon W. Harman Family Trust and the City of Brentwood for Conditional Use Permit No. 88-10, located at 7810 Brentwood Boulevard. (B. Grewal/H. Silfies)

18. Adopted Resolution 2007-285 approving as to form a Grant of Easement template with Contra Costa Water District ("CCWD") for easements over and within the Los Vaqueros Pipeline property and authorizing the City Manager or designee to enter into and execute Grants of Easement on a project-by-project basis for each easement and accept such property interests on behalf of the City. (B. Grewal/P. Eldredge)

19. Adopted Resolution 2007-286 amending City Council’s approval of a 10% contingency with Top Grade Construction, Inc. for Phase II (Street) of Walnut Boulevard Widening, CIP Project No. 336-30560, to an 18% contingency for an additional amount of $143,483.52, using contingency savings from Phase I (Utilities). (B. Grewal/A. Salam)

20. Adopted Resolution 2007-287 repealing Resolution 2006-213 and designating specified individuals as Local Agency Officials for the Purposes of AB 1234. (K. Chew/M. Wimberly)

21. CONTINUED TO JANUARY 8, 2008 - Adopt a Resolution adopting the Contra Costa County Measure L Voter-Approved Urban Limit Line as the City of Brentwood’s Urban Limit Line for the purposes of compliance with Measure J. (H. Sword/C. McCann)

22. Adopt Resolution 2007-288 approving and authorizing the City Manager or designee to execute Amendment No. Three to the Agreement for Inspection Services with PB Americas, Inc., (formerly Parsons Brinckerhoff Construction Services, Inc.) to increase the contract amount by $45,000, plus a 10% contingency of $4,500, for a total increase of $49,500, for construction inspection and other related services. (B. Grewal/A. Salam)

23. Adopted Resolution 2007-289 for a facility fee waiver request from Delta Community Services, Inc. for $2,444.31 for fiscal year 2007/08 to provide DCSI staff meetings, Hi-Cap Insurance Counseling and fundraisers. (C. Bronzan/P. Scherff)

24. Adopted Resolution 2007-290 for a fee waiver request from Contra Costa County for $4,046.97 fiscal year 2007/08 for the use of City Facilities for the operation of the Contra Costa Immunization Program, Brentwood Public Library, California Offenders Program Services and Central Coast Ranch Athletic League. (C. Bronzan/P. Scherff)

25. Adopted Resolution 2007-291 and approve a Concession Agreement with Ribeye’s Market for Concession Services and authorize the City Manager or designee to enter into an agreement for services for operation of concessions at Sunset Park Athletic Complex. (C. Bronzan/P. Scherff)

26. Adopted Resolution 2007-292 approving revised Personnel Rules and Regulations; and

Adopted Resolution 2007-293 repealing and approving revised Council/Administrative Policies, related to Outside Employment, Catastrophic Leave, New Classifications, and City Hall Parking, and revised Employee Handbook. (K. Chew/P. Standley)

27. A. PULLED FOR DISCUSSION - Waive second reading and adopt Ordinance No. 851 amending Brentwood Municipal Code Chapter 1.08 related to, among other things, criminal citation fine amounts and the designation of certain employees to issue administrative and criminal citations for specified violations of the Brentwood Municipal Code; and to repeal Chapter 2.40 related to Field Service Officers. (H. Sword/L. Kidwell)

B. PULLED FOR DISCUSSION - Waive second reading and adopt Ordinance No. 852 amending Title 8 of the Brentwood Municipal Code to add a new Chapter 8.36 (Property Maintenance). (H. Sword/L. Kidwell)

28. Redevelopment - Accepted Redevelopment Agency’s Blight Progress Report, Property Report and Housing Activities Report for Fiscal Year Ending 2007 (H.Sword/G. Rozenski)

29. Approved RDA Warrant List dated December 11, 2007. (P. Ehler/L. Schelbert)

CONSENT CALENDAR ACTIONS (07:22 PM)

Motion: Approve Consent Calendar Items 1 - 29 as recommended, except Items 1, 17, 21 and 27. Vice Mayor Brockman abstained on Items 5 and 10, which, at the meeting of January 22, 2008, was clarified that he did not wish to abstain on Item 5 and wished to abstain on Items 10 and 15.
Moved by Becnel, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

1. Approve minutes of the City Council/Redevelopment Agency meeting of November 13, 2007. (M. Wimberly)

Mayor Taylor requested the minutes of November 13, 2007, Item 38A, be corrected to reflect his no vote on the item.

Motion: Approve minutes of the City Council/Redevelopment Agency meeting of November 13, 2007.
Moved by Brockman, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

City Attorney, Damien Brower, confirmed that the Council motion taken prior to the Consent Calendar, was that Council moved the items prior to the Consent Calendar and asked that they be continued to future meetings. With regard to Item 35, he noted the request for continuance came from the property owner in question.

27. Waive second reading and adopt Ordinance No. 851 amending Brentwood Municipal Code Chapter 1.08 related to, among other things, criminal citation fine amounts and the designation of certain employees to issue administrative and criminal citations for specified violations of the Brentwood Municipal Code; and to repeal Chapter 2.40 related to Field Service Officers. (H. Sword/L. Kidwell)

B. Waive second reading and adopt Ordinance No. 852 amending Title 8 of the Brentwood Municipal Code to add a new Chapter 8.36 (Property Maintenance). (H. Sword/L. Kidwell)

City Attorney, Damien Brower, said Item 27 dealt with the City’s property maintenance ordinance as well as an ordinance that clarified the City’s citation authority for different staff members. Certain staff members were limited to certain portions of the Brentwood Municipal Code. The action Council would take in adopting the ordinance would clarify an ordinance adopted in 1998 and the staff members who had citation authority.

Motion: A. Waive second reading and adopted Ordinance No. 851 amending Brentwood Municipal Code Chapter 1.08 related to, among other things, criminal citation fine amounts and the designation of certain employees to issue administrative and criminal citations for specified violations of the Brentwood Municipal Code; and to repeal Chapter 2.40 related to Field Service Officers.
The City Clerk read the title of the proposed Ordinance.
Moved by Becnel, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

Motion: B. Waive second reading and adopt Ordinance No. 852 amending Title 8 of the Brentwood Municipal Code to add a new Chapter 8.36 (Property Maintenance).
The City Clerk read the title of the proposed Ordinance.
Moved by Becnel, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

PUBLIC HEARINGS (07:30 PM)

30. Consideration of an Ordinance amending Chapter 9.36 of the Brentwood Municipal Code to allow consumption of alcoholic beverages in the public right-of-way and deleting Chapter 17.900 in its entirety and replacing it with a new Chapter 17.900 to establish development and operational standards for the review and approval of outdoor dining uses and merchandise displays in the public right-of-way and a resolution amending the City’s 2007-2008 Cost Allocation Plan and Master Fee Schedule establishing an Outdoor Dining Use and Merchandise Display Fee. (H. Sword/J. Zilm)

Planning Manager, Heidi Kline, said this was a staff initiated request for amendments to two existing ordinances to update and enhance existing standards for outdoor dining and merchandise display in the downtown area. She explained the new standards and said should the Council approve the proposed ordinance changes, there was a Negative Declaration and staff analysis was that there would be no impact as a result of the ordinance changes. She requested an amendment to the City’s Cost Allocation Plan to cover staff services.

Mayor Taylor asked if the Ordinance was for the whole City.

Planning Manager, Heidi Kline, said the Ordinance was for the Downtown Zoning District, the area of the Downtown Specific Plan.

Mayor Taylor asked if there would be another plan in another location.

Planning Manager, Heidi Kline, said the City was currently approving outdoor dining areas on private property.

Mayor Taylor asked about the fee schedules.

Planning Manager, Heidi Kline, said the majority of the fees for the Downtown were for review of design of the outdoor dining area; and other fees would be for liability, indemnity, and insurance.

Mayor Taylor asked about initial and yearly fees.

Planning Manager, Heidi Kline, said if council desired to subsidize the services through the general fund, the fee could be set at a different rate than full cost recovery and there would be a marginal increase every year.

Mayor Taylor opened the public hearing.

Motion: Close the public hearing.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

Motion: waive first reading and introduce Ordinance 853 amending Chapter 9.36 of the Brentwood Municipal Code to allow consumption of alcoholic beverages in the public right-of-way and deleting Chapter 17.900 in its entirety and replacing it with a new Chapter 17.900 to establish development and operational standards for the review and approval of outdoor dining uses and merchandise displays in the public right-of-way.
The City Clerk read the title of the proposed ordinance.
Moved by Becnel, seconded by Brockman.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

Motion: Adopt Resolution 2007-294 amending the City’s 2007-2008 Cost Allocation Plan and Master Fee Schedule establishing an Outdoor Dining Use and Merchandise Display Fee.
Moved by Becnel, seconded by Brockman.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

31. Consideration of a Resolution adopting the Final Initial Study/Mitigated Negative Declaration and Mitigated Monitoring Reporting Plan for the Harvest Park Basin, CIP Project No. 391-39030. (B. Grewal/F. Lideros)

Director of Public Works, City Engineer, Bailey Grewal, presented a staff report and said there was no need for the temporary detention basin to be used since Storm Drain Line line A had been constructed on the east end of City, from Chestnut Street to Marsh Creek Road. This would produce 2.87 acres of usable mixed use business park land. The City had completed the Initial Study and Mitigated Negative Declaration in accordance with California Environmental Quality Act.

Mayor Taylor opened the public hearing.

Motion: close the public hearing.
Moved by Becnel, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor
Motion: Adopt Resolution 2007-295 adopting the Final Initial Study/Mitigated Negative Declaration and Mitigated Monitoring Reporting Plan for the Harvest Park Basin, CIP Project No. 391-39030.
Moved by Brockman, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

32. Consideration of a Resolution approving the City of Brentwood Aquatics Fee Study conducted by Management Partners, Inc with staff recommendations and amending the City of Brentwood 2007/08 Cost Allocation Plan and Schedule of City Fees for the Parks and Recreation Aquatic Fees. (C. Bronzan/P. Scherff)

Director of Parks and Recreation, Craig Bronzan, presented a staff report and said the Brentwood Aquatic Complex had opened in September 2000, and the City not raised or changed any of the fees and charges related to the complex. He introduced the Consultants, Management Partners, Inc.

Andy Belknap, Management Partners, Inc., presented an overview of the fee study on the Aquatics Complex.

Council Member Becnel asked about shutting down the pool in winter months and what the effects would be.

Mr. Belknap said the effects of shutting down the pool could be estimated in looking at operational modifications.

Council Member Richey asked if the Resolution would be adopting the fees recommended by Management Partners Inc. or fees recommended by staff.

Director of Parks and Recreation, Craig Bronzan, said staff recommended the fees as per the recommendation from the study, with the exception of the Junior Lifeguard Program and the Swim Team Practice Fee.

Council Member Richey asked if the water polo camp was run exclusively out of Parks and Recreation or if it was a private contract.

Director of Parks and Recreation, Craig Bronzan, said it was Parks and Recreations’ water polo camp. With regard to the swim team practice lane fee, it was difficult to compare cities since some cities had competitive swim teams and some did not. The competitive swim teams run by the City did not recover some of the costs and the recommendation was to go to $9. The City had been charging $1.75 and the recommendation was to match the per lane per hour fee for the swim teams, and lap swim would be $3. If Council wanted staff to work toward the $9, staff recommended raising the cost $1 per year until reaching the $9 fee.

Council Member Stonebarger asked if the fee was programmed for the Aquatic Complex and the joint use facility, such as at Heritage High School.

Director of Parks and Recreation, Craig Bronzan, said it was strictly the family Aquatic Complex and the High School District set Heritage High fee.

Mayor Taylor said he was concerned about the season pass and asked if there was a way to ease the cost for low income families.

Director of Parks and Recreation, Craig Bronzan, said there was a youth scholarship program available for all of the activities and if there was a need through increasing fees, assistance was available.

Mayor Taylor would like to ease into the fee and have the program provided in Spanish. He asked if the fees had to be raised this year.

Director of Parks and Recreation, Craig Bronzan, said this item was brought before Council, not as a part of the regular Cost Allocation Plan, since aquatics was a calendar year program. If the fees were approved, it would put the City back to the cost recovery level the City was at when the Complex was opened in 2000, and recover approximately 50 percent of the costs.

Mayor Taylor requested that it be made public that there were assistance programs available. If the pool did not need to be heated in the winter time, it could be a substantial savings and he asked if the money saved could be placed back in the fee structure.

Director of Parks and Recreation, Craig Bronzan, said staff could find the cost savings and return to Council for consideration.

Vice Mayor Brockman asked about the fees being rounded and the item returning to Council.


Director of Parks and Recreation, Craig Bronzan, said Finance would be looking at the fees over the next few months.


Vice Mayor Brockman asked when the adjustment would take place.

Director of Parks and Recreation, Craig Bronzan, said an adjustment would take place with the next Cost Allocation Plan in July 2008.


Director of Finance and Information Systems, Pamela Ehler, said this was the only set of fees the City had for the complex since 2000, and there had been no consumer price index increase applied to the fees. Finance had waited to get the study done to get closer to the recovery that the City would normally get in a fee structure.

Mayor Taylor opened public hearing.

Pastor Author Mijares spoke about the City being one of the top 100 communities that service youth. He said the pool charge was $3 to get in and that was a great deal for a fun place. The cost increase could take place as well as the program to meet the needs of those who may not be able to afford it.

Motion: Close the public hearing.
Moved by Richey, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

Council Member Brockman asked Council to look at closing the pool for a couple of months and assess the savings.

Motion: Adopt Resolution 2007-296 approving the City of Brentwood Aquatics Fee Study conducted by Management Partners, Inc with staff recommendations and amending the City of Brentwood 2007/08 Cost Allocation Plan and Schedule of City Fees for the Parks and Recreation Aquatic Fees, and recommending staff review recommendations 2, 3, 4, 6 and 7 from Management Partners, Inc., and look at closing the pool in the winter months and assessing the savings.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

33. Consideration of an Ordinance for a Rezone (RZ 07-06) to modify the Planned Development (PD-18) zoning designation for Subarea B to allow restaurant uses in up to 50% of the square footage of the center and tutoring for up to 20 students at one time as permitted uses along with other minor modifications to the text for the Shops at Country Club development located at the northwest corner of Balfour Road and West Country Club Drive, APN 019-120-037. (H. Sword/D. Hill)

Associate Planner, Debbie Hill, presented a staff report and said the request would allow restaurants up to a maximum square footage of 50 percent of the center’s overall square footage (11,500 square feet), allow tutoring within the center as permitted uses, and restaurants exceeding the above limitation as a conditionally permitted use. The Planning Commission and staff recommend that the City Council introduce and waive the first reading of an ordinance approving a zoning amendment to Planned Development 18 in order to modify the text for Subarea B to allow restaurant uses in up to 50% of the square footage of the center and tutoring for up to 20 students at one time as permitted uses along with other minor modifications to the text for the Shops at Country Club development.

Council Member Richey asked about the tutoring.

Associate Planner, Debbie Hill, said there was not a definite proposal for a tutoring use and this would allow a tutoring facility which would generally be a business that would tutor to individual students. There was a 20-student limit and going over the limit would require a conditional use permit due to parking in the development.

Council Member Richey asked if the same conditions were set forth for the other tutoring businesses in the City.

Associate Planner, Debbie Hill, said it depended on the zone. Certain zoning designations would allow tutoring facilities by right and some would be allowed with a conditional use permit. It was unique to each individual property.

Mayor Taylor asked for clarification regarding the tutoring and if two tutoring facilities could be located side by side. He asked about parking and said he was not comfortable with it.

Associate Planner, Debbie Hill, said the development would be the same as any type of office use that would want to locate in the center. Two tutoring facilities could be located side by side and there could be 40 children located by right.

Council Member Becnel said the facility was across from the middle school and was the best spot to have a tutoring facility. He felt there would not be a parking problem.

Mayor Taylor opened the public hearing.

Applicant, Brent Aasen, Equus Group, said he was looking forward to bringing new business to the City. He spoke about tutoring and said most tutoring was scheduled on an appointment basis. The middle school and high school were down the street and the advantage of a tutoring facility would be least likely to impact parking. There was not a tutoring business tenant to bring forth at this time and those to be considered were Tutoring Club, Sylvan, Huntington, Mathmasium and others.

Motion: Close the public hearing
Moved by Becnel, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

Motion: waive first reading and introduce Ordinance 854 for a Rezone (RZ 07-06) to modify the Planned Development (PD-18) zoning designation for Subarea B to allow restaurant uses in up to 50% of the square footage of the center and tutoring for up to 20 students at one time as permitted uses along with other minor modifications to the text for the Shops at Country Club development located at the northwest corner of Balfour Road and West Country Club Drive, APN 019-120-037.
The City Clerk read the title of the proposed ordinance.
Moved by Becnel, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

OLD BUSINESS (08:17 PM)

34. Adopt a Resolution accepting all public improvements for maintenance; accepting the Subdivision Maintenance Bond; and releasing the Subdivision Improvement Securities for Subdivision No. 8470, Amber Park Phase I, located south of Lone Tree Way and east of Empire Avenue, developed by Mission Peak Homes. (B. Grewal/D. Galey)

Public Works/Engineering Management Analyst, Debra Galey, presented a staff report and said the item before Council was acceptance of public improvements conditioned as the first phase of Subdivision 8470 development by the Mission Peak Company. The developer had constructed the required improvements and the conditioned improvements had been confirmed as completed and constructed per City Standards. It was the appropriate time to accept the work. As directed by Council, staff had met with the developer and an adjacent resident to discuss concerns raised at previous Council meetings. As required by the Subdivision Improvement Agreement between the City and the developer, staff had deemed the work complete and recommended acceptance of the improvements.

Mayor Taylor opened public comments.


Dave Biddle spoke regarding the correspondence he had submitted and correspondence submitted by his Attorney and Mission Peak Homes. He referred to Condition No. 12 relating to pocket parks and said the money had been approved as part of the Reimbursement Agreement and according to Approval No. 55, the land had been purchased and was not dedicated by Mission Peak Homes. In Condition No. 12, it said the City would purchase the land and pay through the Reimbursement Agreement. He spoke about Condition #42 regarding drainage patterns and said he felt the project had changed the drainage patterns. He said he was considered agricultural at the time the Resolution was passed in 2002 and he felt the City had not handled the silt laden storm water and was in violation of a clean water permit since his house flooded. He submitted photographs for review and asked Council for consideration.

Mayor Taylor closed the public comments.

Council Member Stonebarger asked about drainage issues.

Public Works/Engineering Management Analyst, Debra Galey, said the development had accommodated drainage in the area in a number of ways by implementing master planned facilities from the Contra Costa County Flood Control Master Drainage Plan. There had been drainage improvements placed behind the curb to address the natural drainage pattern. The drainage improvements had been constructed by the developer in a number of ways to address drainage. Through implementation of the County Flood Control’s Master Drainage Plan for master size drainage improvements, and local and project specific drainage improvements, which included drainage inlets behind curbs to allow the natural drainage pattern and holes in the wall to allow the drainage from the private properties into the City drainage system.

Mayor Taylor said he had not read the correspondence as it had been submitted just prior to the start of the meeting.

City Attorney, Damien Brower, said he had received the correspondence immediately prior to the meeting and had not reviewed the documents submitted. He felt it was not appropriate to comment on the documents.

Mayor Taylor asked staff if they had seen the documents received.

Public Works/Engineering Management Analyst, Debra Galey, responded she had not seen the correspondence submitted to Council.

Council Member Becnel said the issue was whether Mission Peak had met the conditions imposed on them by the conditions of approval. He felt Mission Peak had and the Council needed to move for approval since the issues had been heard and staff had appropriately responded.

Vice Mayor Brockman agreed with Council Member Becnel and said the staff report had stated the developer had met the conditions. He felt the issues were between the homeowners and the developer and were not relative to the approval.

Council Member Richey said he was confident with what he had seen in the staff report that developers’ conditions had been met.

Motion: Adopt Resolution 2007-297 accepting all public improvements for maintenance; accepting the Subdivision Maintenance Bond; and releasing the Subdivision Improvement Securities for Subdivision No. 8470, Amber Park Phase I, located south of Lone Tree Way and east of Empire Avenue, developed by Mission Peak Homes.
Moved by Becnel, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor


NEW BUSINESS (08:31 PM)

35. Consideration of a Resolution of Necessity to acquire property for the Sand Creek Road Improvements - Phase I Project, formerly known as Sand Creek Road Extension, from Franklin Four LLC, Thomas Franklin LLC and SSB LLC. (B. Grewal/M. Sullivan)

Item 35 was acted upon prior to Consent Calendar items and continued at the request of the property owner to a date uncertain.

36. Receive the Independent Auditors Report and Comprehensive Annual Financial Report for Fiscal Year 2006/2007. (P. Ehler/K. Breen)

Accounting Manager - Business Services Manager, Kerry Breen, presented a staff report and introduced Amy Meyer, Maze Associates, who presented the results of the annual audit.

Amy Meyer, Maze and Associates, presented a summary of the independent annual audit and said the financial statements of the City represented the financial position of the City. The audit was performed on the Comprehensive Annual Financial Report. A separate audit was performed on Redevelopment Agency Financial Statements and compliance of the Redevelopment Agency with guidelines issued by the State Controller’s office. The results of both of the audits were that Maze and Associates issued clean opinions. The results of the internal controls verify the day to day practices of the City were in compliance with the financial policies and were recorded in compliance with governmental accounting. She explained the process of tracing transactions for items such as cash receipts, reimbursements, payroll, investments and debt transactions. Maze and Associates issued a Memorandum on internal control and there were no material weaknesses to report.

Mayor Taylor said the auditors were very important to the City and the City was financially clean.

Mayor Taylor requested public comments.

Motion: Receive the Independent Auditors Report and Comprehensive Annual Financial Report for Fiscal Year 2006/2007.
Moved by Richey, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

37. Receive the Redevelopment Agency Financial Statements for Fiscal Year 2006/2007. (P. Ehler/K. Breen)

Mayor Taylor requested public comments.

Motion: Receive the Redevelopment Agency Financial Statements for Fiscal Year 2006/2007.
Moved by Becnel, seconded by Brockman.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

38. Waive first reading and introduce an Ordinance to amend Chapter 9.50 of the Brentwood Municipal Code to Permanently Prohibit Medical Marijuana Dispensaries. (H. Sword/H. Kline)

Planning Manager, Heidi Kline presented a staff report and said the City had adopted an Ordinance prohibiting medical marijuana dispensaries within the City. When the Ordinance had been adopted, staff had committed to come back after a year of monitoring any additional studies or information available about potential impacts of medical marijuana dispensaries. Staff had done a subsequent search of any additional articles and there were a number that had come out in the past year. Staff asked that Council make the prohibition permanent. She presented a history and said there was a certain amount of crime associated with having a medical marijuana dispensaries in the community. Based on the impacts of the dispensaries, Council decided to prohibit the establishments in the Zoning Code. Staff recommended making the ban permanent.

Mayor Taylor requested public comments.

Mayor Taylor closed public comments.

Motion: Waive the first reading and introduce Ordinance 855 to amend Chapter 9.50 of the Brentwood Municipal Code to Permanently Prohibit Medical Marijuana Dispensaries.
The City Clerk read the title of the proposed Ordinance.
Moved by Stonebarger, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (08:43 PM)

Council Member Richey reported on the Neighborhood Improvement Committee and the Brentwood Advisory Neighborhood Committee.

Mayor Taylor reported a visit to the City by Congressman McNerney.

Council Member Becnel reported on the visit by Congressman McNerney.

Mayor Taylor said Vasco Road and the Transportation Committee had been discussed with Congressman McNerney, and he hoped to have a joint meeting with both Congressman McNerney and Congresswoman Ellen Taucher. He also reported on his attendance at the downtown tree lighting and the opening of Oakley's new City Hall.

FUTURE AGENDA ITEMS - None (08:51 PM)

ADJOURNMENT (08:51 PM)

Motion: Adjourn
Moved by Stonebarger, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

Respectfully submitted,

Cynthia Garcia, CMC
Assistant City Clerk
 

 

City Administration
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Brentwood, CA 94513
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