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Current Council Agenda and Past Meeting Information

 

ITEM 1

CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, AUGUST 28, 2007
COUNCIL CHAMBER, 7:00 P.M.

CALL TO ORDER CITY COUNCIL (6:00 PM)

Roll Call
Present: Becnel; Stonebarger; Taylor
Absent: Brockman; Richey

At 6:01 PM, Council Member Brockman entered the Council Chamber and joined the Council at the dais.


PUBLIC COMMENTS - None (6:01 PM)

ADJOURN TO CLOSED SESSION - 150 City Park Way, City Hall Conference Room (6:01 PM)
Motion: Adjourn to Closed Session.
Moved by Becnel, seconded by Stonebarger.
Vote: Motion carried 4-0.
Yes: Becnel; Brockman; Stonebarger; Taylor
Absent: Richey

1. City Council Closed Session pursuant to Government Code Section 54956.9(a): CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. Name of case: Misan Construction, Inc. v. City of Brentwood, et al.

2. City Council Closed Session pursuant to Government Code Section 54956.9(a): CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. Name of case: D. Bailey Neff, Minnesota Rentals, Inc. v. City of Brentwood, et al.

RECESS CITY COUNCIL (6:45 PM)

Motion: Recess City Council
Moved by Becnel, seconded by Stonebarger.
Vote: Motion carried 4-0.
Yes: Becnel; Brockman; Stonebarger; Taylor
Absent: Richey

RECONVENE CITY COUNCIL/CALL TO ORDER REDEVELOPMENT AGENCY (07:00 PM)
Roll Call
Present: Becnel; Brockman; Stonebarger; Taylor
Absent: Richey

REPORT ON CLOSED SESSION - None (07:01 PM)



PRESENTATIONS (07:01 PM)

A. Update from California Department of Parks and Recreation on Cowell Ranch/John Marsh State Park General Plan. (C.Bronzan)

Craig Matson, Superintendent of State Parks Diablo Vista District, Bay Sector, presented a update on the Cowell Ranch/John Marsh State Park General Plan.

PUBLIC COMMENTS (07:07 PM)

Joe Grcar spoke about City Administration and Finance Departments and expressed opposition to the water rates.

Len Del Chiaro spoke on behalf of the residents of the Walnut Acres Mobile Home Park regarding the Walnut Boulevard construction. He said residents had difficulty turning left; asked for a temporary sidewalk in the area for people who were without transportation; spoke about a garbage bill and felt a credit should have been issued; said he felt the City Hall project should be delayed and a study done; and spoke about moving Liberty High School.

CONSENT CALENDAR (07:21 PM)

1. Approved minutes of the City Council/Redevelopment Agency meeting of August 14, 2007. (M. Wimberly)

2. Approved the appointment of Jason Davis to the Brentwood Advisory Neighborhood Committee (BANC). (C.Bronzan/P.Scherff)

3. Accepted the resignation of Jeff Marchetti from the Brentwood Advisory Neighborhood Committee (BANC). (C. Bronzan/P. Scherff)

4. Accepted the 2006/07 Annual Report of Fee Waivers and Donations (P. Ehler/D Davies)

5. Adopted Resolution 2007-191 approving and authorizing the City Manager or designee to execute a purchase order and necessary documents for the purchase of a solid waste front-load collection truck from Arata Equipment in an amount not to exceed $248,998. (B. Grewal/ C. Ehlers/ J. Carlson)

6. Adopted Resolution 2007-192 approving the General Obligation Bond Tax Rate for the 2007/08 tax roll and directing submittal to Contra Costa County. (P. Ehler/D. Davies)

7. Adopted Resolution 2007-193 accepting dedications and Improvements for Subdivision No. 8460, Crossroads I, located south of Sand Creek Road and west of Minnesota Avenue, developed by Ponderosa Homes. (B. Grewal/D. Galey)

Mayor Taylor recused himself due to a conflict of interest.

8. Adopted Resolution 2007-194 approving the revised Police Officer Recruitment Incentive Program and authorizing the execution of Program documents. (P. Ehler/ K. Chew/D. Davies, P. Standley)

9. Adopted Resolution 2007-195 approving and authorizing the City Manager or designee to execute a Professional Services Agreement with Abey Arnold Associates for the preparation of design and construction documents for City Park, CIP Project No. 352-52406, in the amount of $226,000, plus a 10% contingency of $22,600, for a total amount of $248,600. (C. Bronzan, K. Chew/G. Leech)

10. Adopted Resolution 2007-196 accepting the withdrawal of N.E. Carlson’s bid and return of the bid security; awarding the bid and approving and authorizing the City Manager or designee to execute a Pre-Engineered Building Design and Construction Contract and necessary documents with Kimmel Construction, Inc., in the amount of $774,722.00 including a 10% contingency of $77,472.20 for a total amended amount of $852,194.20 for the Senior adult Education Center CIP No. 522-52280. (C. Bronzan/P. Scherff)

11. Authorized the Mayor to sign and send a letter to the Liberty Union High School District regarding traffic issues at Heritage High School. (B. Grewal/S. Kersevan)

12. Approved RDA Warrant List for August 28, 2007. (P. Ehler/L. Schelbert).

CONSENT CALENDAR ACTIONS (07:21 PM)

Motion: Approve Consent Calendar Items 1 - 12 . Mayor Taylor recused himself from voting on Item 7.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 4-0.
Yes: Becnel; Brockman; Stonebarger; Taylor
Absent: Richey

NEW BUSINESS (07:22 PM)

13. Discussion of requests by residents for public improvements in existing developments. (H. Sword/C. McCann)

Assistant Community Development Director, Casey McCann, presented a staff report and said the issue of providing public improvements had been raised at a recent Land Use and Development Committee meeting by residents of Madrone Place, whose properties adjoin Balfour Road, and the residents had requested the existing soundwall on Balfour Road be increased in height.

Mayor Taylor opened public comments.

Council Member Brockman informed the audience they were welcome to speak at this time and at the time of Item 16.

The following residents spoke about noise levels long Balfour Road being excessive and negatively affecting their quality of life:

Adrienne Bunker
Lynette Torres
An unidentified woman

Jeff Bunker
Gordon Pywell
Spencer Holmes
Vivian Covington
Tim Torres
Mike Capps
Mayor Taylor closed public comments.

Council Member Becnel said he was concerned about the decibel levels and the people suffering from noise. Council needed to resolve the issue and he asked staff to find a solution. He spoke about the cost of building a soundwall and asked the item be brought back on the agenda for discussion.

Council Member Stonebarger said he supported the policy and asked to move forward with ideas for a resolution.

In response to Council Member Brockman, Assistant Community Development Director, Casey McCann, said the policy was memorialized October 2006.

Council Member Brockman asked to clarify the property lines and said this was not a new issue. He felt Council needed to be fair to the whole City and requested a report be returned to Council with property lines surveyed. There was more involved and the City needed to follow the policies.

Mayor Taylor asked staff to investigate and bring an item back on the agenda.

Council Member Brockman said he understood the hardship the people were undergoing and asked staff to search for solutions and not change the policy. He asked to find out more about the property lines and a soundwall evaluation.

Council Member Becnel asked staff to search for a solution and not just in terms of the policy. He was not interested in changing the policy but the issue needed to be addressed and resolution possibilities brought forward.

Mayor Taylor asked about costs, decibels, property lines, fence size and height, width of the property and asked for spokespersons from the group to gather and meet with the City.

City Manager, Donna Landeros, said first step for staff was to work on the direction from Council and scope out the project. She felt the scope would be broader and staff would attach time frames for Council. This may involve a citywide assessment of baseline standards and staff would return to Council.

14. Introduce and waive first reading of an Ordinance amending Brentwood Municipal Code Chapter 1.08 related to penalties associated with Municipal Code violations; to define person/person; and clarify when notices of violation are required.

Introduce and waive first reading of an Ordinance amending in its entirety Chapter 8.00 of Title 8 of the Brentwood Municipal Code relating to nuisances and deleting in its entirety Chapter 8.28 (Trailer Coaches and Camp Cars). (H. Sword/L. Kidwell)



Code Enforcement Officer, Robbie Bienneman, presented a staff report and said that said the amendment to the penalty ordinance would provide staff with tools and the revision allowed for more consistent enforcement and clarify penalty amounts. The ordinance also brought the Municipal Code into compliance with State law and staff recommended adoption of the two ordinances.

Mayor Taylor opened public comments.

Motion: Introduce and waive first reading of Ordinance 845 amending Brentwood Municipal Code Chapter 1.08 related to penalties associated with Municipal Code violations; to define person/person; and clarify when notices of violation are required.
The City Clerk read the title of the proposed ordinance.
Moved by Stonebarger, seconded by Becnel.
Vote: Motion carried 4-0.
Yes: Becnel; Brockman; Stonebarger; Taylor
Absent: Richey

Motion: Approve Introduce and waive first reading of Ordinance 846 amending in its entirety Chapter 8.00 of Title 8 of the Brentwood Municipal Code relating to nuisances and deleting in its entirety Chapter 8.28 (Trailer Coaches and Camp Cars).
The City Clerk read the title of the proposed Ordinance.
Moved by Stonebarger, seconded by Becnel.
Vote: Motion carried 4-0.
Yes: Becnel; Brockman; Stonebarger; Taylor
Absent: Richey

PUBLIC HEARINGS (08:15 PM)

15. Consideration of a Resolution Adopting the 2007/08 Cost Allocation Plan & Schedule of City Fees. (P. Ehler/M. Huber)

Accounting Manager - Business Services Manager, Kerry Breen, presented a staff report, recommending the adoption of the 2007/2008 Cost Allocation Plan and Schedule of City Fees.

A period of questions and responses between Council Members and staff followed.

Mayor Taylor opened public comments.

Motion: close the public hearing
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 4-0.
Yes: Becnel; Brockman; Stonebarger; Taylor
Absent: Richey

Council Member Becnel asked to round figures up or down for the Parks and Recreation fees in the next Cost Allocation Plan.


Motion: Adopt Resolution 2007-197 adopting the 2007/08 Cost Allocation Plan & Schedule of City Fees.
Moved by Becnel, seconded by Brockman.
Vote: Motion carried 4-0.
Yes: Becnel; Brockman; Stonebarger; Taylor
Absent: Richey

16. Consideration of a Residential Growth Management Program (RGMP) application for the Ferro/Ronconi Property, submitted by KB Home,requesting an allocation for 154 market-rate residential units on approximately 42.3 acres, located south of McClarren Road, north of Balfour Road and east of Griffith Lane (APN 012-130-006 and 012-130-007) (H. Sword/J. Zilm)

Senior Planner, Jeff Zilm, presented a staff report and stated KB Homes had a new map with a reduction of units from 211 to 160 and the density had gone from 5 units per acre to 3.9 units per acre. The Land Use Development Committee was comfortable with the layout as presented and there had been meetings with the public. Issues brought forward could be dealt with when the tentative map application was submitted, and would not be addressed with the RGMP application.

Mayor Taylor opened the public hearing.

Jim Schmidt, KB Homes South Bay Homes, Inc., introduced Ralph Strauss, CBG Architects, to present the revised project.

Ralph Strauss, CBG Architects, presented a power point regarding the project approval process on the RGMP Ferro/Ronconi property. The number of lots had been reduced and the property lots were larger. He explained re-orientation of the homes, and the project in detail.

Maria Ornelas had questions about the landscaping and safety off of Pippo and said that when turning left, it was hard to see. She asked about the size of the homes, why the lots increased instead of the size of the park, and what style of homes would be placed in there.

Laura Nelson said there was a housing slump across Contra Costa County and it was not wise to continue building, which was driving homes values down and the number of foreclosures up.

Buggs Martinez asked if a stop light would be placed at McClarren and Walnut Boulevard since children would be walking to Edna Hill School.

Yvonne Capps said why more houses would be built when there were so many houses for sale. She was concerned about more traffic and noise levels and asked Council not to allow the RGMP for KB Homes without a sound wall.

Lynette Torres spoke about the KB Homes project and said the homes would affect the noise level and she was at 90 to 110 decibels. She felt a soundwall was needed for the unacceptable levels of noise.

Jack Harrison asked for a soundwall on McClarren Road to keep noise from coming into the neighborhood and asked the solid soundwall go the length of the development. He asked the one story home be placed behind him and said the lots were better than before.

Adrienne Bunker said soundwall was a major issue and presented two photos. She believed KB Homes should not build until a soundwall was put in place.

Tom McGran said this was a vast improvement in the design of the project. He was concerned about a wall being placed on McClarren Road. A sound wall would reflect noise back into homes and create a thoroughfare.

Spencer Holmes said the City needed a balance between commercial and residential and asked for more productive growth in the City. He asked to hold off and give growth a rest.

Motion: close the public hearing.
Moved by Brockman, seconded by Stonebarger.
Vote: Motion carried 4-0.
Yes: Becnel; Brockman; Stonebarger; Taylor
Absent: Richey

A period of questions, comments and responses between Council Members and staff ensued.

Motion: Adopt Resolution 2007-198 approving a Residential Growth Management Program (RGMP) application for the Ferro/Ronconi Property, submitted by KB Home, requesting an allocation for 154 market-rate residential units on approximately 42.3 acres, located south of McClarren Road, north of Balfour Road and east of Griffith Lane (APN 012-130-006 and 012-130-007)
Moved by Becnel, seconded by Stonebarger.
Vote: Motion carried 4-0.
Yes: Becnel; Brockman; Stonebarger; Taylor
Absent: Richey

OLD BUSINESS (09:09 PM)

17. Provide direction on the regulation of mobile vendors. (D. Landeros/D. Brower/M. Evenson)

City Attorney, Damien Brower, presented a staff report and said Council had requested, at their meeting of May 22, 2007, that staff look into regulating the sale of imitation firearms to minors by ice cream vendors. The City was pre-empted by the State of California from regulating imitation firearms, including the sale. The Council was unable to prohibit the sale of those such firearms to minors. The City could regulate selling the imitation firearms by limiting where and when they could sell, and/or placing separate permit requirements on the vendors. Should Council wish to act at this time, staff recommended the adoption of a resolution that would emphasize the importance the City placed on limiting the sale of imitation firearems.


Mayor Taylor requested for public comments.

Mayor Taylor closed public comments.

Council Member Becnel felt the vendor should be told to stop.

A period of questions and responses between Council and staff ensued.

Council Members concurred that the Police Department would enforce State laws related to the issue.

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (09:16 PM)

Council Member Becnel spoke about his tour at the wastewater facility and recognized the Public Works Department.

REQUESTS FOR FUTURE AGENDA ITEMS (09:19 PM)

Council Member Brockman asked for an item about specific vendors that travel through town and how ordinances are enforced on licensing and identification.

Council Member Stonebarger agreed to have the discussion.

City Attorney, Damien Brower, said the item would be agendized at the next meeting under Requests for Future Agenda Items and Council may decide whether to bring the item back for more discussion.

ADJOURNMENT (09:21 PM)

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

Respectfully submitted,

Cynthia Garcia, CMC
Assistant City Clerk
 

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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