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Minutes of December 14, 1999
A regular meeting of the City Council of the City of Brentwood was called to order at the hour of 7:55 p.m., in the City Council Chambers located at 734 Third Street, Brentwood, California, with Mayor Kidd presiding.
Present: Councilmembers Gomes, McPoland, Petrovich, and Mayor Kidd.
Absent: Councilmember Young.
OTHERS PRESENT: City Manager Elam, City Engineer Stevenson, Community Development Director Oshinsky, City Clerk Diaz and City Attorney Anderson.
1.Item No. 24: Revise the agenda title to read Public Hearing: General Plan Amendment; Rezoning and Rezone Amendment in the Neroly, Lone Tree Way and Anderson Lane Area. Note: The Tentative Subdivision Map has already been approved and is not to be reviewed by the City Council.
2. Staff is recommending the City Council make a motion to add the following item on the agenda on the basis that there is a need to take immediate action and that the need for action came to the attention of Staff after the agenda was posted [Government Code Section 24954.23(b)(2)]: Add Consideration of recommendation of the Fire Subcommittee to continue proposed amendments to Ordinance No. 620 pertaining to automatic life safety sprinklers to a date after July 1, 2000, and direct Staff to explore cost effective development options with the development community.
M/S/C Gomes/McPoland adding Agenda Review Item No. 2 to the Agenda as Agenda Item No. 25A. ABSENT: Young
Mayor Kidd requested that an item be added to the agenda regarding the nomination of Vice Mayor Gomes to be appointed to the Contra Costa Transportation Authority.
M/S/C McPoland/Petrovich to nominate Vice Mayor Gomes to be appointed to the Contra Costa Transportation Authority, and that this be added to the agenda as Agenda Item No. 22A. ABSENT: Young
WES TILTON, 1875 Pheasant Run Terrace, requested information pertaining to basketball hoops being permitted in city streets, and felt they posed a safety concern with children playing in the streets. Mr. Tilton also questioned recent statements raised by the Planning Commission, in terms of building above medium density. In addition to his property located at 1701 San Jose, Mr. Tilton asked when Parcel A would be transferred over to him, in order that he be allowed legal egress. He further requested that the City Engineer prepare a drawing of his irrigation line, as to its exact location.
JIM ALVES, Planning Commission Chair, commented that the Planning Commissions remarks to the public come directly from the policies and guidelines in the General Plan, or that they are comments taken from public record made by the City Council.
Councilmember Petrovich pulled Item No. 2, and Mayor Kidd pulled Item No. 4.
1.Approval of Minutes of November 20, 1999 and November 23, 1999.
3. Approval of a Notice to Proceed to GoodlandD Landscaping Construction for a 30-day maintenance period at Homecoming Park, CIP #55210.
5. Authorize the City Attorney to prepare an agreement and authorize the Mayor and City Clerk to sign this agreement with Nextel to allow them to install a cellular phone antenna on the Citys downtown Water Tower.
6.Approval of an agreement between the City of Brentwood and Patrick Swaggerty to conduct routine inspections at the Wastewater Treatment Plant.
7.Approval of Resolution No. 99-241 authorizing the City Manager to execute an agreement for the acceptance of credit and debit cards for the payment of various fees and charges collected by the City.
8. Approval of City Council Policy No. 10-8, Employee Computer Purchase Program.
9. Annual review of Citys Investment Policy.
10. Approval of Resolution No. 99-242 authorizing the City Manager to execute an agreement between Brookfield Home Bay Area Inc., and the City of Brentwood to facilitate the construction and relocation of the Citys Zone I Waterline.
11. Approval of Resolution No. 99-243 accepting the work performed by Coast Landscape Management, Inc., for landscape improvements to Balfour and Walnut, CIP Project No. 336-3089 and direct the City Clerk to file a Notice of Completion with the County Recorder.
12. Approval of Resolution No. 99-244 approving the purchase of a new solid waste collection vehicle from Heil Manufacturing and authorize the City Manager to execute a purchase agreement not to exceed $157,370.
13. Second reading of Ordinance No. 626 repealing Chapter 9.68; Juvenile Curfews in its entirety and readopting said Chapter of the Brentwood Municipal Code.
14. Approval of Resolution No. 99-245 authorizing the legal counsel to prepare, have executed and file with the Court a Stipulation for Judgment on the property owned by Armando D. Dianda, George A. Baldocchi, located at the site of the Walnut Boulevard Extension Project, identified as a portion of APN 017-160-002 accepting real property on behalf of the city for a total cost not to exceed $307,648, and such other documents as may be needed to complete the transaction including Final Order of Condemnation.
15. Approval of Resolution No. 99-246 authorizing the legal counsel to prepare, have executed and file with the Court a Stipulation of Judgment for any and all interest with Ron Nunn, tenant on real property owned by Armando D. Dianda, George A. Baldocchi, located at the site of the Walnut Boulevard Extension Project, identified as a portion of APN 017-160-002, accepting real property interest on behalf of the city for a total cost not to exceed $4,200, and such other documents as may be needed to complete the transaction including Final Order of Condemnation.
16. Approval of Resolution No. 99-247 approving the adjustments to the Capital Improvement Program budget for Water System Connections, CIP Project No. 562-5628, to allow for the design of the waterline crossings of the railroad and Marsh Creek this fiscal year so that some of the crossings can be constructed this spring and summer.
17. Approval of Resolution No. 99-248 authorizing the legal counsel to prepare, have executed and file with the Court a Stipulation for Judgment on the property owned by Armando Dianda, located at the site of the citys Sand Creek/OHara avenue Extension Project, identified as a portion of APN 016-130-002 accepting real property on behalf of the City for a total cost not to exceed $175,000, and such other documents as may be needed to complete the transaction including Final Order of Condemnation.
18. Approval of Resolution No. 99-249 authorizing the City Engineer to execute an agreement for masonry work to install a sound wall on Walnut Boulevard (CIP Project No. 336-3051) with All Bay Masonry in the amount of $49,885, which includes a 10% contingency fund.
19. Approval of Resolution No. 99-250 authorizing the City Manager to execute a contract for purchase of two (2) pickups for an amount not to exceed $35,788.53 from Bill Brandt Ford.
20. Approval of Resolution No. 99-251 accepting Windsor Way Park CIP #52209, and authorizing filing a Notice of Completion and release of surety.
21. Approval of Resolution No. 99-252 fixing the Employers Contribution under the Public Employees Medical and Hospital Care Act.
22. Authorize the City Manager to allow the U.S. Consensus Bureau to set up a temporary table in the City Council Chambers from March 18 to April 15, 2000 as a Census assistance center for Brentwood area residents.
22A. Approving the nomination of Vice Mayor Gomes to the Contra Costa Transportation Authority.
M/S/C Gomes/McPoland approving Consent Calendar Item Nos. 1, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 22A as submitted. ABSENT: Young
2. Approval of Warrant Nos. 47267 through 47659.
Councilmember Petrovich commented on the amount spent on consultants.
M/S/C Petrovich/McPoland approving Warrant Nos. 47267 through 47659.
4. Motion to recognize the significant contributions made by City Staff, Byron Boys Ranch and City Council in making this years neighborhood clean-ups most successful.
M/S/C Petrovich/Gomes recognizing the significant contributions made by City Staff, Byron Boys Ranch and City Council in making this years neighborhood clean-ups most successful. ABSENT: Young
23. Appeal of the Planning Commissions decision to approve CUP 97-10 for the construction of a new gas station, 24-hour convenience store and car wash to be located at the southeast corner of Brentwood Boulevard and Oak Street.
Mayor Kidd abstained, due to a conflict of interest.
Councilmember Petrovich stated that his opposition was to the car wash, and not the gas station. He felt that it was not a good idea to have a car wash located within the downtown area, as it would create additional traffic congestion in an already congested area.
Vice Mayor Gomes felt that the type of proposed car wash would not pose a problem within the downtown area, because it a different type of car wash that is located at the Chevron gas station located on Griffith.
TIMOTHY BOW, 940 Tyler St., S. 23, Benicia, Architect for the applicant, gave a verbal overview of the schematics for the proposed gas station and car wash. Mr. Bow expressed concern to the fact that if the car wash is to be eliminated from the present plan, could the project be quickly expedited through the plan review process as to not delay the construction already planned.
Assistant Planner Zilm gave an overview of the Staff Report, along with a slide presentation.
The public hearing was opened.
BARBARA GUISE, 189 Sherwood Drive, commended the Planning Commission for their efforts, for attempting to create an attractive business within the downtown area, but expressed her opposition to the car wash as it would not create a pedestrian friendly atmosphere within the area. She distributed a letter signed by several of the downtown businesses and concerned citizens, stating their opposition to the car wash.
Councilmember McPoland stated that his opposition was solely the car wash, and not the gas station or mini-mart, and requested that if the car wash is to be eliminated, that Staff bring this project forward as quickly as possible, in fairness to Chevron.
Councilmember Petrovich agreed with Councilmember McPoland and reiterated his comments.
Vice Mayor Gomes felt that the car wash would be a benefit to the entrance of the downtown area, and that it would promote pedestrian traffic. He felt this could be an appropriate use for the downtown area, but stated that he could vote either way.
The public hearing was closed.
M/S/C Petrovich/McPoland to uphold the Planning Commissions decision, absent the car wash, and direct Staff to return to the City Council at an early date with a resolution to confirming the Councils direction. ABSENT: Young. ABSTENTION: Kidd.
A short recess was taken at 8:45 p.m. and reconvened at 8:55 p.m.
24. General Plan Amendment; Rezoning and Rezone Amendment in the Neroly, Lone Tree Way and Anderson Lane Area.
Chief of Planning Leana gave an overview of the Staff Report, along with a slide presentation.
Councilmember McPoland requested a copy of the traffic study for his review.
The public hearing was opened.
GEORGE CARDINALE, 1120 Second St., Suite 105, provided past and current history on this item, and solicited the Councils support.
JOHN JOHNSON, Pulte Home Corporation, expressed his enthusiasm for this proposed project, and felt it would provide additional opportunities for the community. He further requested the Councils approval.
NORM BRADSHAW, 803 Whitehaven Court, Antioch, property owner on Lone Tree and OHara, stated that he felt that all parties involved have efficiently accommodated his needs on this project, and further felt this project would benefit the community of Brentwood.
SAL NICOLETTE, property owner on Lone Tree Way, stated that he felt the project was a well balanced project, and stated his approval.
CARMEN BRIONES, 740 Bonnie Lane, expressed her appreciation to Mr. Cardinale for his efforts towards this project, and stated her approval of this project.
Mayor Kidd noted that two (2) letters were received from Mr. & Mrs. Kriens and Mr. & Mrs. Turner, stating their approval of this project.
Chief of Planning Leana noted a typographical error in Resolution No. 99-253 that refers to a Development Agreement. He noted for the record that a Development Agreement did not exist and that this language needs to be deleted. Also, that an additional WHEREAS needs to
be added to the Ordinance Nos. 627 and 628 to read: WHEREAS: The Council finds on the basis of the whole record before it that there is no substantial evidence that the project would have a significant effect on the environment and that the Mitigated Negative Declaration request the lead agencies independent judgment and analysis.Councilmember McPoland noted that there were additional projects that were not included in this traffic study. He wanted to ensure that this project, as well as any other projects along the Lone Tree Way corridor, would be constructed with traffic improvements, to avoid future traffic congestion. Mr. Leana assured the Council that when Staff and the Traffic Engineer confer regarding a traffic study on any project, they identify several various intersections that would be impacted by any potential project within the area. Mr. Leana further noted that a condition was placed within this tentative map that the project require that a traffic signal be placed at OHara and Lone Tree, which was the major identifiable intersection that would have the most impact.
M/S/C Gomes/Petrovich closing the Public Hearing. ABSENT: Young
M/S/C Gomes/Petrovich passing Resolution No. 99-253 approving a Negative Declaration and a General Plan Land Use Plan Amendment (GPA 99-2) on 21+ acres from Very Low Density Residential (VL) to Office Business (OB) for property located at the northeast corner of Lone Tree Way and OHara Avenue (APN 018-060-006, 007, 050 and 051).
M/S/C Gomes/Petrovich introducing and waiving first reading of Ordinance No. 627 approving the rezone of 21+ acres located at the northeast corner of Lone Tree Way and OHara Avenue from Planned Development Twenty Nine (PD-29) to Planned Employment Center (PEC), (APN 018-006, 007, 050 and 051). ABSENT: Young
M/S/C Gomes/Petrovich introducing and waiving first reading of Ordinance No. 628 amending Chapter 17.479 of the Brentwood Municipal Code (Planned Development Zone 29) by adding development standards for Subarea A of Zoning District PD-29, encompassing 86 acres at the southeast corner of OHara Avenue and Neroly Avenue (APN 018-030-002, 003 and 004 and 018-060-016 and 037). ABSENT: Young.
25. Discussion regarding late fees and payment periods for utility bills.
City Manager Elam gave a brief introduction.
Finance Director Jones gave a brief explanation of the Staff Report.
Councilmember Petrovich felt that a 20-day payment period and 10% penalty fee were unreasonable. He felt that there should be a 30-day time period given to pay the bill, from the time it is mailed and not from the time it is dated. He requested that the time period be extended from 20 days to 30 days, or perhaps even a 45-day time period.
Vice Mayor Gomes felt that the 20-day time period, with a 10% penalty fee remain in effect. Councilmember McPoland concurred.
In terms of the time period, Mayor Kidd stated that he would prefer to see two (2) billing periods, as opposed to one (1) billing period, in order that the staffing level issue be addressed. As far as the 20 day, 10% penalty, Mayor Kidd felt this was adequate.
M/ Petrovich to change the billing period to a 30 day time period.
The motion failed, due to a lack of a second.
Councilmember Petrovich requested a consensus of the City Council.
The City Clerk performed a consensus roll vote:
Ø Councilmember McPoland supported the 20-day time period with a 10% penalty fee.
Ø Mayor Kidd stated that he wanted the record to reflect his previous comments.
Ø Councilmember Young: Absent
Ø Councilmember Petrovich supported the 30-day time period.
Ø Councilmember Gomes supported the 20-day time period with a 10% penalty fee.
25A. Consideration of a recommendation of the Fire Subcommittee to continue proposed amendments to Ordinance No. 620 pertaining to automatic life safety sprinklers to a date after July 1, 2000, and direct staff to explore cost effective development options with the development community.
Chief Building Official Kidwell gave an overview of the Staff Report.
RON NUNN, 741 Sunset Road, representing Summerset, requested that the City Council consider the opportunity for the developer to contribute to a City fund. In addition to the Fire Sprinkler Ordinance, he believed that the Council could better spend community and/or developers money by supplying a paramedic service to the community.
MARK STICE, 4670 Willow Road, Pleasanton, representing Signature Properties, requested that the Council adopt and move forward with an in-lieu fee. He felt that as a part of the Sprinkler Ordinance, this would allow the use of developer monies to supplement the existing emergency services that are now available to the citizens of Brentwood.
JOHN JOHNSON, Pulte Home Corporation, echoed the remarks previously made by Mr. Stice and Mr. Nunn. Discussions ensued between Mr. Johnson and Council regarding the pros and cons of installing fire sprinklers in newly constructed homes.
PAUL HEIN, East Diablo Fire District, 134 Oak Street, addressed the current level of service provided by the existing paramedic and fire services. He also elaborated on the current tax rate throughout the district. Mr. Hein stated that he felt the sprinkler ordinance was the single most important issue for the City of Brentwood, and that this could set a precedent for the rest of the County to follow.
LARRY HEIN, Assistant Chief of the East Diablo Fire District, further elaborated on past fire emergencies that had occurred within the community, as well as surrounding communities.
RON NUNN, 741 Sunset Road, noted for the record that the Summerset Subdivision did support the in-lieu fee, and there was a perception at Summerset amongst the residents, that they would have a higher comfort level with increased level of paramedic services.
Councilmember McPoland asked that if an in-lieu fee was adopted, would there be a guarantee that the monies would be spent within the City of Brentwood. Vice Mayor Gomes responded that this issue would have to be discussed further, if an in-lieu fee is adopted.
MARK STICE, Signature Properties, stated that with the Fire Districts offer to staff the new fire department, Signature would be amenable to opening up the uses for the fee to not just be limited to staffing the new fire station and the retrofitting of existing homes, but also for a public service for additional medical related services and equipment.
STEVE HART, representing the National Fire Sprinkler Industry Promotion Fund, stated that by passing an ordinance, the City Council would be passing a building standard. He suggested that the Council confer with the Building Standards Commission of the State of California, because when a building standard is passed, monies cannot be taken in lieu of a building standard. Mr. Hart addressed the issue of particular fire sprinklers that have been recalled, and that they have been identified and are being replaced.
Vice Mayor Gomes recommended that this item be continued to a date of July 1, 2000, to see if the East Diablo Fire Protection District would provide the level of fire protection services it has promised the City. If these standards are not met, this issue could be revisited. Councilmember Petrovich concurred.
Mayor Kidd felt that the implementation of an in-lieu fee would save more lives for the long term, and requested that the fire subcommittee pursue this issue.
M/S/C Gomes/Petrovich to continue the consideration the proposed amendments to Ordinance No. 620 to a date after July 1, 2000, and direct staff to explore cost effective development options with the development community. NAY: Mayor Kidd.
A break was taken at 1015 p.m. and reconvened at 10:30 p.m.
26. Approval of Resolution No. 99-254 approving the agreements between East Contra Costa Irrigation District (ECCID), Contra Costa Water District (CCWD) and the City of Brentwood for long-term water supply, conveyance and treatment.
Associate Engineer Eldredge provided an overview of the Staff Report.
TOM LINVEL, Assistant General Manager for CCWD, solicited the Councils approval.
In responding to Councilmember McPoland, Mr. Eldredge commented on the emergency water supplies and the additional hook up fee administered.
Mayor Kidd commented on the past history of this issue and noted his support.
M/S/C Gomes/Petrovich passing Resolution No. 99-254 approving the agreements between East Contra Costa Irrigation District (ECCID), Contra Costa Water District (CCWD) and the City of Brentwood for long term water supply, conveyance and treatment. ABSENT: Young
27. Approval of Resolution No. 99-255 authorizing the City Engineer to execute an agreement for construction management services for the Wastewater Treatment Plant Expansion Project including but not limited to constructability and biddability reviews at the 90% and 100% design stage, contract administration, cost control, master schedule, resident engineering inspection, testing, quality control and plant startup.
City Engineer Stevenson provided a brief synopsis of the Staff Report. He further noted that the Staff Report failed to note the authorization for Staff to include the ability to amend the contract for up to 10% for unforeseen contingencies.
JOE CAVELLO, Covello Group, Inc., provided information on staff issues.
M/S/C Petrovich/Gomes passing Resolution No. 99-255 authorizing the City Engineer to execute an agreement between Covello Group, Inc., and the City of Brentwood to provide construction management services for the Wastewater Treatment Plant Expansion Project including but not limited to constructability and biddability reviews at the 90% and 100% design stage, contract administration, cost control, master schedule, resident engineering, inspection, testing, quality control and plant start up, with the amendment of the 10% contingency fund. ABSENT: Young
28. Approval of Resolution No. 99-256 authorizing the City Manager and City Right of Way Agent to negotiate, prepare and execute a Purchase and Sale Agreement with Armando D. Dianda, George A. Baldocchi for real property located at the site of the Walnut Boulevard Extension Project, identified as a portion of APN 017-160-002, City of Brentwood, accepting real property on behalf of the City for a total cost not to exceed $644,688.00, and such other documents as may be needed to complete the transaction and close escrow including acceptance of the Grant Deed.
City Manager Elam provided a brief overview of the Staff Report.
M/S/C Gomes/McPoland passing Resolution No. 99-256 authorizing the City Manager and City Right of Way Agent to prepare and execute a Purchase and Sale Agreement with Armando D. Dianda, George A. Baldocchi, Trustees under the terms of the Will of Julia M. Dianda, also known as Julia Dianda, deceased as established by Judgment of Final Distribution filed December 10, 1992, in Case No. P90-1086 Probate, Contra Costa County Superior Court as to an undivided 1/3 interest, George Baldocchi, Trustee of the George A. Baldocchi Trust dated January 29, 1993, as to an undivided 1/3 interest and Armando D. Dianda, Trustee of the Armando D. Dianda trust dated December 23, 1997, as to an undivided 1/3 interest, and located at the site of the Walnut Boulevard Extension Project, and identified as a portion of APN 017-160-002, City of Brentwood, accepting real property on behalf of the City for a total cost not to exceed $644,688.00, and such other documents as may be needed to complete the transaction and close escrow including acceptance of the grant deed. ABSENT: Young
CITY MANAGER REPORTS:
29. Review and comment on Notice of Preparation of an Environmental Impact Report for Contra Costa County General Plan Amendment for Potential Modifications to the Urban Limit Line.
Community Development Director Oshinsky provided an overview of the Staff Report.
GEORGE CARDINALE, representing the Liberty Union High School District, stated that in reviewing this item with the School Superintendent, he commented that he had serious concerns with the possibility of endangering the two (2) school sites located within SPAs H and G. From a timing standpoint, based on student population and housing projections, that construction for a new school would need to start in 4-5 years. Mr. Cardinale stressed that the school district would need the County to honor Brentwoods General Plan, and that these two (2) school sites will be greatly needed for the future of the community.
Councilmember McPoland requested that he be supplied with the plan that the City of Antioch has submitted, and that he had a concern with the Ginocchio property on the Brentwood City limit line.
Mayor Kidd questioned the Required Findings, in terms of changed circumstances. Further, that in terms of utility and service systems, he commented that the City of Brentwood has planned and sized to service the community, and felt that the City should be entitled to some reimbursement. In terms of agricultural resources, Mayor Kidd stated that much of the area is non-prime ag land, and it has the potential to shift development from non-prime ag land in Contra Costa County to prime ag land in other communities, including areas within the City of Brentwood. In commenting on housing, Mayor Kidd stated that the City of Brentwood has a certified housing element within the Citys General Plan for affordable housing, and did not want the element of the Citys General Plan jeopardized. He further noted that he would submit additional comments and concerns to Staff for their review.
CITIZEN COMMENTS: None.
INFORMATIONAL REPORTS FROM COUNCILMEMBERS:
In commenting on the process for appointments to the Park and Recreations Commission, Mayor Kidd recommended that the three (3) current commissioners be re-appointed, and that the Park & Recreation Subcommittee conduct interviews for the two (2) remaining seats.
Mayor Kidd also recommended that Councilmembers McPoland and Gomes interview and recommend to the City Council two (2) candidates for appointment to the Planning Commission, out of the applications that have been received.
REQUESTS FOR FUTURE AGENDA ITEMS: None.
There being no further business, the City Council adjourned at 11:10 p.m. to the City Council meeting of December 16, 1999 to be held in the City Council Chambers, 734 Third Street, Brentwood.
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