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Current Council Agenda and Past Meeting Information

 CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, 7:00 P.M.
NOVEMBER 13, 2007
COUNCIL CHAMBER

CALL TO ORDER CITY COUNCIL/PLANNING COMMISSION/PARKS AND RECREATION COMMISSION (4:31 PM)

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

PUBLIC COMMENTS (4:32 PM)

A. Presentation to the City Council, Planning Commission, and Parks and Recreation Commission regarding the Civic Center project.

RECESS CITY COUNCIL (6:09 PM)

RECONVENE CITY COUNCIL/CALL TO ORDER REDEVELOP AGENCY (07:01 PM)

PLEDGE OF ALLEGIANCE (07:01 PM)

Roll Call (07:02 PM)
Present: Becnel; Brockman; Richey; Stonebarger; Taylor

Mayor Taylor recognized Veterans Day.

PRESENTATIONS (07:03 PM)

A. Recognition of Outgoing Arts Commissioners

Mayor Taylor and Director of Parks and Recreation, Craig Bronzan, presented plaques to the following outgoing Arts Commissioners for their service: Greg Ruiz, Sandra Gill, Helen Myers and Barbara Guise. The following outgoing Arts Commissioners were not present: Vivian Faye, Saunie Fridley, Wanda Groseclose, Patrick McCarran, Catherine Perez, Bart Schneider, Joe Trebino, and William Weber.

B. Proclamation National Family Week

Mayor Taylor presented the proclamation to Mr. Chris Fallows, Mr. Floyd Mason and Mrs. Corrina Sam.

C. New Employee Introductions

Director of Parks and Recreation, Craig Bronzan, introduced new employee, Anthony Schriver, Recreation Coordinator.

Police Captain, Brian Strock, introduced new Police Officers, Lissette Ramirez and Peter Folena, and new Records Supervisor, Sonia Cardinale.

Mayor Taylor administered the Oath of Allegiance to new employees.

MAYOR’S REPORT ON AMERICAN AVENUE (07:20 PM)

Authorize the Mayor to send a letter inviting Brentwood Union School District, Liberty Union High School District, Contra Costa County and parents’ representatives to participate in a task force on American Avenue.

Mayor Taylor proposed comprising a task force consisting of Contra Costa County, Liberty Union High School District, Brentwood Union School District and City staff, along with parent representatives, to improve the situation on American Avenue. City staff would do the staff work for the task force and he asked the meetings to be held at either Heritage High School or Adams Middle School. He asked Council to authorize him to send letters to the agencies and parents groups, inviting them to participate.

Council Member Becnel expressed his support for the idea, volunteered to be on the task force, and suggested inviting a student representative to be on the task force.

Council Member Richey expressed his support and said he felt the issues could be overcome with the suggested approach.

Council Member Stonebarger concurred with other Council Members, expressed his support for the process, and volunteered to be on the task force.

Vice Mayor Brockman asked how the parent and student representatives would be chosen and expressed his support.

Contra Costa County Supervisor, Mary Piepho, spoke about American Avenue and said this was an opportunity to bring the school districts, City, County, and Flood Control District together. Solutions could be identified and implemented and the County was eager to participate. She submitted correspondence to Council which summarized efforts made and requested the City include the County as a resource.

Cindy Cayou spoke about safety issues at American Avenue and Balfour Road and expressed concerns for the children. She had taken a video and presented packets of information to Council. She felt there was no quick fix. There were things that could be done to keep the children safe and said increased police presence was needed. She proposed a variety of recommendations such as crosswalk removal, decrease bike lane width, bikes on the sidewalk, and sidewalk widening. The City traffic engineer had recommended two crossing guards and closing the gates at Heritage student parking lot between the hours of 7:15 to 8:30 a.m. The designated drop off was marked and under-utilized, and she felt the traffic drop off should be managed by Heritage High School teachers. She proposed the formation of a committee to make changes.

Dan Peterson spoke about the traffic problem at Heritage High School and said he was concerned about the safety of bikers, and those walking and skateboarding. There could be a reduction of traffic if it was safer for children to walk to school. He asked parents, teachers, and student drivers to use patience and obey the traffic laws. Additional crossing guards would help direct traffic and children and he asked for increased police presence around the school to enforce traffic laws. The solution to the issue would need combined efforts by the City, Brentwood Union School District and Liberty Union High School District. It was important to form the committee to make the changes.

Steve Barr, Liberty Union High School District Board of Trustees, said comments from parents were welcome and the School District was aware of some of the comments. He asked to work together towards a solution.

Mayor Taylor closed public comments.

Vice Mayor Brockman nominated Council Members Becnel and Stonebarger to serve on the subcommittee and said City staff could coordinate how to get parent resources.

Council Member Becnel asked the task force to look into both short and long term solutions.


Mayor Taylor asked to have the subcommittee started by January.


Motion: Approve authorizing the Mayor to submit a letter inviting Brentwood Union School District, Liberty Union High School District, contra Costa County and parents' representatives to participate in a task force on American Avenue.
Moved by Becnel, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

PUBLIC COMMENTS (07:42 PM)

Mary Piepho presented a County update and spoke about the East County Regional Fee and Financing Authority meeting and road impact fee reduction. She announced Vasco Road delineator replacement work would take place and the Metropolitan Transportation Commission would conduct a presentation on the Vasco Road safety improvement projects in December. A grant had been received in the amount of $70,000 to create a library at the Orne Allen Youth Facility. She spoke about levees and said the County wanted to be sure water quality and quantity would be protected. She expressed thanks for the Hometown Halloween celebration.

Terry Tonge, presented an update from Assemblyman Guy Houston’s office. Assemblyman Houston had seven bills signed by the Governor this year, and she explained the following Assembly Bills: AB 15, AB 774, AB 897 and AB 903. Assemblyman Houston had been appointed to a special commission by the Governor to look at water storage issues in California. One alternative was to expand Los Vaqueros dam. Assemblyman Houston did not support a peripheral canal.

Louanne Rutherford presented items that had been thrown on her lawn and said she felt it was a safety concern. She asked Council to stop the items from coming to her home.

Steve Brix, Acting President for Brentwood Seawolves Swim Team, said the organization applied for affiliation, Parks and Recreation had extended the deadline for affiliation, and the item had gone to Parks & Recreation Commission. He was told that the Seawolves would not be approved due to lack of available pool space. He felt having a community based program would serve families in the City and he asked for consideration.

Ursula Modeleshi spoke regarding the Summerset soundwall and asked that trees be planted.

Deborah O’Brian said she felt trees needed to be planted to obscure the soundwall and make it more liveable.

Dana Dean, representative of Dave and Phillis Biddle and Friends of Agriculture in Brentwood, spoke on Item 34 and said she felt the conditions of approval and mitigation measures for the subject matter had not been properly satisfied. She believed staff was directed to meet with her to work towards a resolution and there had been no meeting. She felt the developer should participate and the developer had indemnified the City for anything that may arise out of the approvals. The developer had an interest in getting the matter resolved efficiently. She felt the noise, glare and other items were not addressed and requested Council look at that and pull the matter from Consent Calendar and direct staff to meet with her and her clients and the developer to resolve the matter.

Larry Stratton, spoke regarding TSM 8470 Mission Peak development, and referred to the two street lights in front of his house. He said a shield was placed on the light and it did not meet any of the criteria in the conditions of approval regarding glare. He spoke about noise and said ipeople ran the light at Amber and Empire Avenue. He also spoke about drainage issues which had not be addressed and asked the item be pulled from Consent Calendar.

David Biddle submitted material relating to Item 34 and spoke about two items he felt had not been satisfied. The noise on Empire Avenue and the soundwall that had been built lower than the noise assessment and there were gaps in the wall and the gaps had to be closed. None of this had been done and he felt the item had not been mitigated. With regard to recreation, he said the City had planned to build a five acre park on Empire Avenue in front of Pioneer School and it was substituted with pocket parks. There were two subdivisions with 1/4 acre pocket parks and there should have been about four acres of neighborhood parks.

CONSENT CALENDAR (08:12 PM)

1. Approved minutes of the City Council/Redevelopment Agency meeting of October 9, 2007. (M. Wimberly)

2. PULLED FOR DISCUSSION - Accept Annual Report on the Parks, Trails, and Recreation Master Plan at the recommendation of the Park and Recreation Commission. (C. Bronzan/T. Homan)

3. Accepted the resignation of John Breneman from the Brentwood Advisory Neighborhood Committee (BANC). (C. Bronzan/P. Scherff/B. Gary)

4. Approved the appointment of Cameron Sessions, Jeff Altman, Allison Cardoza and Alexis Reeves to the Brentwood Advisory Neighborhood Committee (BANC). (C. Bronzan/P. Scherff/B. Gary)

5. Adopted Resolution 2007-236 to formalize the City of Brentwood Wellness Policy Guidelines as a City of Brentwood Council/Administrative Policy No. 90-3, and the articulation of Section No. 12 of the Policy related to concessions and vending standards. (P. Scherff/S. Barry)

6. Adopted Resolution 2007-237 approving a Memorandum of Understanding between the City of Brentwood and the Brentwood Arts Society regarding running a wide variety of community arts programs and authorize the City Manager or her designee to execute the Memorandum of Understanding and make minor technical revisions to the MOU after review by the City Attorney. (C. Bronzan/P. Scherff)

7. PULLED FOR DISCUSSION - Adopt a Resolution authorizing the Director of Parks and Recreation or his designee to approve expenditures for the Art, Wine and Jazz Festival. (C. Bronzan/P. Scherff)

8. Adopted Resolution 2007-238 approving the Purchase Agreement and Grant Deed for the sale of property located at 385 Carrol Court at Sunset Industrial Complex and authorize the City Manager or her designee to execute Purchase Agreement and Grant Deed to convey City-owned property. (H. Sword/G. Rozenski)

Vice Mayor Brockman abstained due to a potential financial conflict of interest.

9. Adopted Resolution 2007-239 approving annexation #1 Boundary Map for Community Facilities District No. 5, and adopted Resolution 2007-240 to annex territory into Community Facilities District No. 5, to levy a special tax in such territory and set a date of January 8, 2008, for the Public Hearing. (B. Grewal/D. Galey)

10. Adopted Resolution 2007-241 accepting the work performed by California Pavement Maintenance Company, Inc. for the 2007 Pavement Management Program, CIP Project No. 336-30830, and directing the City Clerk to file a Notice of Completion with the County Recorder. (B. Grewal/F. Lideros)

11. Adopted Resolution 2007-242 accepting the work performed by K.J. Woods Construction, Inc. for Phase 1 (Utilities) of the Walnut Boulevard Widening, CIP Project No. 336-30560, and directing the City Clerk to file a Notice of Completion with the County Recorder. (B. Grewal/A. Salam)

12. Adopted Resolution 2007-243 accepting the Solid Waste Enterprise Management & Operations Review prepared by Hilton, Farnkopf & Hilton, LLC for the Solid Waste Transfer Station Improvements - Phase III, CIP Project No. 542-54020. (B. Grewal/P. Eldredge)


13. Adopted Resolution 2007-244 accepting the Wastewater Treatment Plant Expansion Study prepared by ECO:LOGIC Consulting Engineers for the Wastewater Treatment Plant Expansion - Phase II, CIP Project No. 592-59140. (B. Grewal/P. Eldredge)

14. Adopted Resolution 2007-245 accepting the public improvements for maintenance; accepting the Maintenance Bond; and releasing the Improvement Securities for Subdivision No. 8408, constructed by The Mark Pringle Co., located south of Apricot Way and west of Fairview Avenue. (B. Grewal/D. Galey)

15. Adopted Resolution 2007-246 accepting the public improvements for maintenance; accepting the Maintenance Bond; and releasing the Improvement Securities for Subdivision No. 8603, constructed by Meritage Homes, located south of Grant Street and east of Shady Willow Lane. (B. Grewal/D. Galey)

16. Adopted Resolution 2007-247 accepting the public improvements for maintenance; accepting the Maintenance Bond; and releasing the Improvement Securities for Subdivision No. 8763, constructed by The Mark Pringle Co., located south of Apricot Way and west of Fairview Avenue. (B. Grewal/D. Galey)

17. Adopted Resolution 2007-248 accepting the public improvements for maintenance; accepting the Maintenance Bond; and releasing the Improvement Securities for Brentwood Sand Creek Partners, LLC (Lennar Communities), Subdivision No. 8833 (Phase IV of VTSM No. 8788), located north of Sand Creek Road, south of Grant Street and west of O’Hara Avenue. (B. Grewal/D. Galey)

18. PULLED FOR DISCUSSION - Adopt a Resolution approving and authorizing the City Manager or designee to execute a Development Cooperation Agreement and License Agreement with the Liberty Union High School District for shared development responsibilities of the future school facility site located in the proposed Brentwood Business Park on Guthrie Lane. (B. Grewal/D. Galey)

19. PULLED FOR DISCUSSION - Adopt a Resolution approving and authorizing the City Manager or designee to execute a Professional Services Agreement with NorthStar Engineering Group, Inc. for engineering design services for a portion of the Brentwood Business Park, located east of Guthrie Lane, in an amount not to exceed $131,195, plus a 10% contingency, for a total amount of $144,314.50, and amending the CIP Budget Sheet. (B. Grewal/D. Galey)

20. Adopted Resolution 2007-249 approving and authorizing the City Manager or designee to execute an Agreement For Dedication of Real Property with Andrew Augustine Ghiggeri, Jo Ann Ghiggeri Bjornstad and Roger B. Bjornstad and Jo Ann Ghiggeri Bjornstad, Trustees of the Bjornstad 1994 Living Trust dated December 12, 1994, generally located south of Balfour Road on the east side of Guthrie Lane and west of Sellers Avenue, for the school access in the future Brentwood Business Park Improvement Project, and accepting the Irrevocable Offer to Dedicate for recording purposes only. (B. Grewal/M. Sullivan)

Council Member Stonebarger abstained on Item 20.

21. Adopted Resolution 2007-250 approving and authorizing the City Manager or designee to execute an Agreement For Dedication of Real Property with Glenn Stonebarger and Jeannie Stonebarger, Trustees of the Glenn Stonebarger and Jeannie Stonebarger Family Trust, generally located south of Balfour Road on the east side of Guthrie Lane and west of Sellers Avenue, for the school access in the future Brentwood Business Park Improvement Project, and accepting the Irrevocable Offer to Dedicate for recording purposes only. (B. Grewal/M. Sullivan)

Council Member Stonebarger abstained on Item 21.

22. Adopted Resolution 2007-251 approving Temporary Use Permit No. 07-24 to allow for the use of City-owned property for the staging of the annual Lady of Guadalupe procession sponsored by the Immaculate Heart of Mary Church for one day, Sunday, December 9th between the hours of 2:00 pm and 3:00 pm, affecting the closure of surrounding streets. (H. Sword/J. Strandberg)


23. Adopted Resolution 2007-252 approving and authorizing the City Manager or designee to execute a Professional Services Agreement with GIS Planning Inc. in an amount not to exceed $30,515 for a web-based site selection and property locator tool called ZoomProspector, as recommended by the Land Use and Development Committee. (H. Sword/C. Holman)

24. Adopted Resolution 2007-253 amending City Council/Administrative Policy Number 10-9 Use of Vehicles and Related Equipment. (P. Ehler/D. Davies)

25. Adopted Resolution 2007-254 to: 1) Amend the 2007/08 - 2011/12 Capital Improvement Program to include the Interim Civic Center Facilities project and 2) Amend the Civic Center Capital Improvement Projects to accelerate the project timelines and financing to allow for the construction of the Civic Center. (K. Chew/G. Leech)

26. Adopted Resolution 2007-255 Approving and Authorizing the City Manager or Designee to Execute a Professional Services Agreement with Raney Planning and Management, Inc. for the Preparation of an Initial Study/Mitigated Negative Declaration and Associated Environmental Studies for the Civic Center Project, in the amount of $96,762, plus a 10% contingency of $9,676.20, for a total amount of $106,438.20. (K. Chew/G. Leech)

27. Adopted Resolution 2007-256 creating the Agricultural Enterprise Grant Program as recommended by the Agricultural Enterprise Committee. (H. Sword/L. Maurer)

28. Adopted Resolution 2007-257 approving and authorizing the City Manager or designee to execute a Professional Services Agreement with Royston Hanamoto Alley & Abey in an amount not to exceed $212,000 for development and design services related to the City’s Vineyards at Marsh Creek project, as recommended by the ad-hoc Vineyards Committee. (H. Sword/C. Bronzan/L. Maurer)

29. Adopted Resolution 2007-258 authorizing an expenditure from the City’s Agricultural Land Trust Fund 263 in the amount of $688,140 for the purchase of agricultural conservation easements for 6700 Balfour Road and 6740 Balfour Road as recommended by the standing Agricultural Enterprise Committee. (H. Sword/L. Maurer)

30. Adopted Resolution 2007-259 approving and authorizing the City Manager or designee to execute a Deferred Improvement Agreement between Ernesto Rios, Laura Rios, Enrique Gamez, Irma Gamez, Filomeno Nesta, Carlota Nesta and the City of Brentwood for MS No. 354-04, located at 2301 Empire Avenue, on the west side of Empire Avenue, between Lone Tree Way and Grant Street. (B. Grewal/D. Boskovic)

31. Adopted Resolution 2007-260 approving, granting and authorizing the City Manager or designee to execute a Grant of Easement for a private underground gas pipeline to Sunset Exploration, Inc. across a portion of City owned property located on Jennifer Street, north of Sycamore Avenue, south of Sand Creek Road intersecting with Garin Parkway. (B. Grewal/P. Eldredge)

32. Adopted Resolution 2007-261 authorizing specified city employees and representatives access to sales and use tax records pursuant to Revenue and Taxation Code Section 7056. (P. Ehler/K. Breen)

33. Adopted Resolution 2007-262 approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute necessary documents with Bay Cities Paving & Grading, Inc. in the amount of $657,000 including a 10% contingency of $65,700 for Sitework for the Senior Adult Education Center CIP No. 522-52280 and in the amount of $17,000 including a 10% contingency of $1,700 for Sitework for the Aquatic Complex Concession Stand CIP No. 522-52300 for a total of $741,400. (C. Bronzan/P. Scherff)

34. PULLED FOR DISCUSSION - 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 The Mission Peak Company. (B. Grewal/D. Galey)

35. Waived second reading and adopted Ordinance 850 adding Chapter 16.168 to Title 16 of the Brentwood Municipal Code to establish implementation procedures for the East Contra Costa County Habitat Conservation Plan / Natural Community Conservation Plan (H. Sword/W. Rhodes)

36. Agency - Adopted Resolution RDA-133 approving a Purchase and Sale Agreement with William M. Nielsen and Marsha G. Nielsen, Trustors and Trustees of The Nielsen Family Trust dated June 4, 2004, or their authorized representative, for real property identified as 7030 Brentwood Boulevard, APN 016-100-016, accepting real property on behalf of the Redevelopment Agency and authorizing the Redevelopment Agency’s Executive Director and Agency Secretary or any of their designees to execute the agreement, and such other documents as may be needed to complete the transaction including acceptance of the Deed, and approve an amendment to the Agency’s 2007/08 Fund 301 Budget in the amount of $1,880,720. (H. Sword/G. Rozenski)

37. Agency - Approved and authorized the Executive Director to execute a contract for professional relocation services with Associated Right of Way Services, in an amount not to exceed $60,720 for relocation activities associated with 7030 Brentwood Boulevard. (H. Sword/G. Rozenski)

Motion: approve except 2, 7, 18, 19 & 34. Vice Mayor Brockman abstained on 8 and Stonebarger abstained on items 20 and 21.
Moved by Becnel, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

CONSENT CALENDAR ACTIONS (08:12 PM)

Motion: Approve Consent Calendar Item 1 - 37, except for Items 2, 7, 18, 19 and 34. Vice Mayor Brockman abstained on Item 8 due to a potential conflict and Council Member Stonebarger abstained on Items 20 and 21.
The City Clerk read the title of Ordinance 850.
Moved by Becnel, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

2. Accept Annual Report on the Parks, Trails, and Recreation Master Plan at the recommendation of the Park and Recreation Commission. (C. Bronzan/T. Homan)


Motion: Accepted Annual Report on the Parks, Trails, and Recreation Master Plan at the recommendation of the Park and Recreation Commission.
Moved by Taylor, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

7. Adopt a Resolution authorizing the Director of Parks and Recreation or his designee to approve expenditures for the Art, Wine and Jazz Festival. (C. Bronzan/P. Scherff)

Motion: Adopt Resolution 2007-263 authorizing the Director of Parks and Recreation or his designee to approve expenditures for the Art, Wine and Jazz Festival.
Moved by Becnel, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

18. Adopt a Resolution approving and authorizing the City Manager or designee to execute a Development Cooperation Agreement and License Agreement with the Liberty Union High School District for shared development responsibilities of the future school facility site located in the proposed Brentwood Business Park on Guthrie Lane. (B. Grewal/D. Galey)

Motion: Adopt Resolution 2007-264 approving and authorizing the City Manager or designee to execute a Development Cooperation Agreement and License Agreement with the Liberty Union High School District for shared development responsibilities of the future school facility site located in the proposed Brentwood Business Park on Guthrie Lane.
Moved by Taylor, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

19. Adopt a Resolution approving and authorizing the City Manager or designee to execute a Professional Services Agreement with NorthStar Engineering Group, Inc. for engineering design services for a portion of the Brentwood Business Park, located east of Guthrie Lane, in an amount not to exceed $131,195, plus a 10% contingency, for a total amount of $144,314.50, and amending the CIP Budget Sheet. (B. Grewal/D. Galey)

Director of Public Works/City Engineer, Bailey Grewal, clarified the previous staff report submitted as part of the agenda packet had been correct and the addendum submitted after the packet was not necessary.

City Attorney, Damien Brower, clarified the Council would be approving the original Item 19 and not the one sent to the Council following the posting of the agenda packet.

Motion: Adopt Resolution 2007-265 approving and authorizing the City Manager or designee to execute a Professional Services Agreement with NorthStar Engineering Group, Inc. for engineering design services for a portion of the Brentwood Business Park, located east of Guthrie Lane, in an amount not to exceed $131,195, plus a 10% contingency, for a total amount of $144,314.50, and amending the CIP Budget Sheet.
Moved by Becnel, seconded by Brockman.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

34. PULLED FOR DISCUSSION - 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 The Mission Peak Company. (B. Grewal/D. Galey)

Council Member Richey asked Council to continue the item to the next meeting and direct staff to meet with all parties.

Vice Mayor Brockman said he felt the agreement of the stakeholders was between the City and Mission Peak and he felt the other items were outstanding items between Mission Peak and the owners. There were issues regarding setting the meetings and staff had sent correspondence requesting meeting dates and there were issues going beyond what the City was dealing with. Staff told Council that all items had been dealt with and the development agreement between them was complete. He didn’t know if the City should get involved between the parties that could not agree and it was not so much the City as much as the builder and the owners.

Council Member Richey said the residents were requesting assistance.

Director of Public Works/City Engineer, Bailey Grewal, said there had been discussions on the comments received at the last meeting and the details were included in the staff report. Based on the Subdivision Map Act as well as the improvement plan, the developer had to construct those items per the approved plan. Those items had been constructed and were in compliance with the City’s standards and specifications. Staff in the recommendation, after giving all the details and covering all the comments received from the last Council meeting from residents, was in compliance with the approved plan, approved mitigated negative declaration and also to the approved conditions of approval. The developer had met the conditions.

Council Member Becnel asked that a meeting be held between the parties in a good faith effort.

Motion: Continue the item to December 11, 2007, and direct staff to facilitate meetings with all the stakeholders in an attempt to reach resolution on issues regarding the following - 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 The Mission Peak Company.
Moved by Richey, seconded by Stonebarger.
Vote: Motion carried 4-1.
Yes: Becnel; Richey; Stonebarger; Taylor
No: Brockman

PUBLIC HEARINGS (08:37 PM)

38 A. Public hearing to consider the appeal filed by Pulte Home Corporation of the Planning Commission’s denial decision on a variance from the municipal code to establish reduced setbacks and increased square footage for an existing cabana located at 2876 Falcon Court, APN 018-380-003. (H. Sword/D. Hill)

Public hearing Items 38A and 38B taken together.

38 B. Continued Public Hearing to consider an application for a variance (V 07-03) to allow reduced setbacks for an existing pool and spa located at 2876 Falcon Court, APN 018-380-003. (H. Sword/D. Hill)

Associate Planner, Debbie Hill, presented a staff report and history of Items 38A and 38B, which were two related matters for the same property at 2876 Falcon Court. The applications for variances had been submitted by Pulte Homes and the appeal was also submitted by Pulte Homes. On the original variance applications, Mr. Mass had signed as the property owner indicating his concurrence with accuracies in the application. Staff had listed four required findings that were needed to approve variance requests and staff had stated different findings for both the pool and spa, and cabana. Should Council desire to either uphold the Planning Commission decision and deny the variance for the cabana and or deny the variance request for the pool and spa, staff requested Council state for the record the findings for denial so that staff may return with an appropriate resolution for final action.

Mayor Taylor opened the public hearing.

Kevin Moore, Pulte Homes, said the issue was whether or not to approve the two requested variances. He believed, as set forth in the two staff reports, the factors favored the approval of the variances. With regard to the cabana, Pulte submitted that the strict compliance with the setback and square footage requirements would result in practical difficulties or unnecessary hardship as far as the cabana would have to be either removed and replaced to correct the misplacement on the lot. Such type of erroneous misplacement was viewed as a hardship and the strict requirement with the setback and square footage requirements for the cabana would preclude an effective design solution, since the only solution would be to remove and replace the cabana. If granted, Pulte did not believe the variance would affect the property which was directly next to the cabana, which was at 2878 Falcon Court. The person at that property had not objected in the past to the location of the cabana and did not sign the petition which was one of the exhibits to the appeal, Exhibit D. The person was also not listed as a signator to the petition nor did they submit a letter, and he referred to Exhibit E. If Council rejected the variance application, there would be significant hardship to the neighborhood because in removing and replacing the cabana, there would be a significant amount of construction dirt, debris, dust, and noise with regard to removing the structure and replacing it. The cabana had been approved by the building department with regard to the setbacks when it was originally constructed, and he asked Council to take that into consideration. Granting the variance would not constitute a special privilege and would only serve to correct the misplacement. He felt the same held true with regard to the pool and spa. Pools were allowed to be within a three-foot setback from property lines. When the home was built, it was built as a model home and the fence lines were not in place then, and it was an erroneous placement of the pool. The Building Department approved the setbacks with regard to the placement of the pool and spa at the time of construction.

Randy Mass was the owner of the property and said the cabana was constructed by Pulte Homes and was constructed according to the plans submitted. He showed an overhead of the approved plot plan and showed the cabana, which had been labeled as a bonus room or in-law suite by Pulte. He spoke about the setbacks on the property line the distance between his home and the distance required by Code. He felt Pulte built the cabana in the wrong position. When the process had started, he signed the application for variance and Pulte had originally filed the application with what he felt had erroneous information. Mr. Mass had contacted staff and said he did not want to be part of the process. He was told by staff that there would be an analysis prior to the preparation of a staff report for Council. He said staff had never been to his home, and he spoke about square footage of the cabana and his neighbors and the petition. He spoke about the demolishing and removing of the cabana because it had been built wrong and said he felt it would not be a hardship for Pulte. He felt staff had failed to mention in the staff report, the swimming pool, although permitted, had received three out of seven inspections and never received a final inspection. He felt it was built out of compliance, too close to the property lines, which Pulte had claimed as an oversite of mis-marked stakes, and it was never fully inspected. He did not know what was underground and said there had been a gas leak on the line servicing the pool equipment. The leak had been fixed and he did not know if the equipment had been properly set because it was not inspected. The drains in the spa were built out of compliance and he referred to a letter from Louis Kidwell sent to the project manager, Blue Haven Pool. The City had done an inspection on February 1, 2005, and issued a correction notice. The two setbacks item had been setting and no one had enforced the correction notice and he had a pool that was out of compliance. He read a letter from the Vice President of Customer Relations, Pulte Homes, had been addressed to him. In the letter dated May 27, 2005, Pulte offered as an alternative, to have the pool removed and reinstalled in the proper location and in compliance with all applicable codes, and Pulte would not consider a cash settlement in lieu of the foregoing alterations.

Council Member Becnel asked if Mr. Mass was rescinding or revoking his signature on either one of the variance applications.

Mr. Mass said he was on the first application originally generated by Pulte.

Council Member Becnel clarified that Mr. Mass was revoking his signature on the original variance application for both the pool and the cabana.

Mr. Mass said that was correct.

Associated Planner, Debbie Hill, said Mr. Mass had requested changes to the original variance applications, which were complied to by Pulte and agreed to by Mr. Mass and the original applications were then resubmitted with his signature so there were applications in the file that were signed and agreed to by Mr. Mass.

The following Council Members disclosed that they had met with Mr. Mass prior to the public hearing: Mayor Taylor, Vice Mayor Brockman and Council Member Stonebarger.

Council Member Becnel asked Mr. Mass if the variance applications, which were the subject of the hearings, were signed by Mr. Mass.

Mr. Mass said that was correct.

Council Member Becnel asked Mr. Mass if he was rescinding his signature on the applications.
Mr. Mass said he was not.

Mr. Moore stated he had not seen Mr. Mass' packet and asked Council not to consider the packet when voting this evening. He felt it was a denial of his clients' rights with regard to considering something placed before Council that Pulte had not had an opportunity to look at or respond to. He asked Council to consider only what was here, which were the two variance applications, the staff report, and comments from the floor.

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

Council Member Richey asked for clarification on the point made by Mr. Mass regarding whether the City had been out to the property to verify the distances listed in the staff report.

Associate Planner, Debbie Hill, said the City had been to the property.

Chief Building Official, Randy Kidwell, said staff had been out and measured the distances to the property lines and existing buildings on both Mr. Mass’s lot and the lot adjacent to it and came up with identical numbers.

Mayor Taylor asked when an inspection had been done.

Chief Building Official, Randy Kidwell, responded the inspection was on June 20, 2006, and the City inspector had met with Mr. Mass at the property.

Council Member Richey asked the Chief Building Official to clarify that the distances shown were the distances reflected in the staff report.

Associate Planner, Debbie Hill, said she believed what Mr. Mass had referred to was the distance from the pop-out and she explained how setbacks were measured.

Vice Mayor Brockman said he had met with Mr. Mass and had not met with Pulte. This was not a simple variance and the item was convoluted with other issues. He looked at the item as a variance application with no other consideration, and at the findings as to why a variance was needed and he looked at the intent. He said he would base his decision on whether it affected privileges or the enjoyment of others, if it changed the character livability of the property and if it was a special privilege and he did not find that it violated any of the four standards.

Council Member Becnel agreed with Vice Mayor Brockman and said those were the four standards that applied in this case and agreed that all four of the requirements were met. He felt there may be a potential issue with the first item. Based on the four requirements for a variance, he believed the builder had clearly satisfied and he agreed the Planning Commission’s decision on Item A ought to be reversed and the variance be granted on Item B.

Council Member Richey agreed with Council Member Becnel with regard to using the four criteria.

Council Member Stonebarger said he understand some of the setback issues and had an issue with being out of Code and then getting a variance. He felt Pulte had overlooked the plans and it needed to be built to Code.

Mayor Taylor asked about the sign off on the pool and disclosure should the property be sold.


Chief Building Official, Randy Kidwell, said an inspection had been done and a list created and the only outstanding item from the list was the spa drains were too close to each other. Staff looked at the enabling State Code and that Code did not go into effect until after the pool had been built and the drains had met the Code requirement at the time. With the exception of knowing exactly where the gas line was underground, the only other issue was the setback issue which was before Council to be resolved. The gas line was normally looked at in the pre-gunnite inspection, which was done, and was not included in the inspector’s sign off. Staff did not know if there was an issue with the gas line and at the time the inspection was made, there was no leakage.

Mayor Taylor asked about disclosure of the pool and cabana.

Vice Mayor Brockman said the City was dealing with the variance.

Mayor Taylor said he did not agree.

Vice Mayor Brockman said the issue was for setbacks.

Council Member Becnel agreed with Vice Mayor Brockman, and said the issue was the variance and not the gas line.

Assistant City Attorney, Karen Murphy, said the issue before the Council was the variance for the pool setbacks.

Motion: Adopt Resolution 2007-266 accepting the appeal filed by Pulte Home Corporation, reversing the Planning Commission denial decision and approving a Variance (V 07-02) to allow reduced setbacks and an increase in overall size for an existing cabana located at 2876 Falcon Court, APN 018-380-003.
Moved by Becnel, seconded by Brockman.
Vote: Motion carried 3-2.
Yes: Becnel; Brockman; Richey
No: Stonebarger; Taylor

Motion: Adopt Resolution 2007-267 approving a Variance (V 07-03) to establish reduced setbacks for an existing pool and spa located at 2876 Falcon Court, APN 018-380-003.
Moved by Becnel, seconded by Brockman.
Vote: Motion carried 4-1.
Yes: Becnel; Brockman; Richey; Stonebarger
No: Taylor

39. Public hearing for an amendment to condition of approval number 23 of City Council Resolution No. 2007-70 for an approved tentative subdivision map (TSM 8446), in regard to property located at 1060 Minnesota Avenue, APN 017-080-007. (H. Sword/D. Hill)

Associate Planner, Debbie Hill, presented a staff report and said the item was a clarification of one of the conditions. Condition of Approval No. 23 as originally approved for the map, required the developer to conduct a Phase II environmental site assessment. Staff required a Phase I environmental site assessment to verify if any types of contaminants were in the soil. With regard to the Phase I environmental site assessment provided for the map, there had been conflicting information and the condition was placed on the Map, requiring the Phase II environmental site assessment be performed. After the approval of the Map, staff had conversations with Mr. Neff regarding the condition and staff wanted the soil sampling done. Mr. Neff agreed he would do that, but did not want to move forward with a full Phase II environmental site assessment. Staff felt the soil sampling and any mitigation on the site would alleviate any concerns.

Mayor Taylor opened the public hearing.

Bailey Neff said there were concerns about the sampling. He referred to the staff report and Phase I of the environmental report. He had provided a letter from the Contra Costa County Health Services and said additional sampling had been performed after the subdivision was approved. He said organic chloride pesticides, lead and arsenic were not detected above levels above concern for human health or the environment. He felt the site was clean and was clean when he bought the property. He asked Council to consider approving the Variance and the letter stated the site was clean.

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

Motion: Approve Adopt Resolution 2007-268 modifying Condition of Approval Number 23 of City Council Resolution No. 2007-70 for an approved Tentative Subdivision Map (TSM 8446), in regard to property located at 1060 Minnesota Avenue, APN 017-080-007.
Moved by Richey, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

40. Adopt a Resolution approving and adopting the Midterm Review of the Five-Year Implementation Plan for FY 2004/05 to 2008/09 for the Merged Brentwood and North Brentwood Redevelopment Projects. (H. Sword/G. Rozenski/Seifel Consultants)

Redevelopment Manager, Gina Rozenski, presented a staff report and said the Five-Year Implementation Plan adopted in 2005 set forth Agency goals for the five-year period, established programs and projects, and identified financing mechanisms to achieve goals. Before the third-year of the five-year, period, the Agency was required to conduct a public hearing to review its Implementation Plan and evaluate progress and measure success. The Mid-Term report met all obligations and complies with Community Redevelopment law and the staff report summarized the highlights and findings.

Mayor Taylor opened the public hearing.


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

Motion: Adopt Redevelopment Agency Resolution RDA-134 approving and adopting the Midterm Review of the Five-Year Implementation Plan for FY 2004/05 to 2008/09 for the Merged Brentwood and North Brentwood Redevelopment Projects.
Moved by Brockman, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

RECESS CITY COUNCIL/REDEVELOPMENT AGENCY (09:30 PM)

RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY (09:38 PM)

All Council/Redevelopment Agency Members were present.

NEW BUSINESS (09:38 PM)

41. Adopt a Resolution which: 1) Endorses the Civic Center Conceptual Plans; 2) Endorses the City Hall and Community Center Building Plans; 3) Endorses the History Walk Concept as one of the Required Art Components of the Civic Center; and 4) Directs Staff to proceed with this Project to Design Development. (D. Landeros/G. Leech)

Mayor Taylor requested any public comments.

Motion: Adopt Resolution 2007-269 which: 1) Endorses the Civic Center Conceptual Plans; 2) Endorses the City Hall and Community Center Building Plans; 3) Endorses the History Walk Concept as one of the Required Art Components of the Civic Center; and 4) Directs Staff to proceed with this Project to Design Development.
Moved by Brockman, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

42. Introduce and waive first reading of an Ordinance 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)

Introduce and waive first reading of an Ordinance amending Title 8 of the Brentwood Municipal Code to add a new Chapter 8.36 (Property Maintenance). (H. Sword/L. Kidwell)

Adopt a Resolution amending the 2007/08 – 2008/09 Operating Budget in the amount of $75,000 ($25,000 for 2007/08 and $50,000 for 2008/09) for contractor services related to property maintenance and abatements.

Code Enforcement Officer II, Ken Rader, presented a staff report regarding revisions to the penalty enforcement chapter of the Municipal Code and to introduce the new property maintenance ordinance. Revisions to Chapter 1.08 were proposed to clarify and designate specific employees who may enforce the Brentwood Municipal Code and which sections they may enforce. The ordinance would designate employees to enforce permits and project conditions of approval as well as the Municipal Code. He spoke about abandoned homes that were not being maintained and Code Enforcement had been limited in its ability to deal with the properties and the ordinance would allow Code Enforcement the tools to deal with the issue. The Neighborhood Improvement Committee had considered both proposed ordinances and felt the ordinances were an important step of achieving City goals of remaining a safe and liveable community. Staff asked Council to adopt a Resolution amending the 2007-2009 budget to cover contractor abatement costs that may be required when voluntary compliance was not met through enforcement efforts and staff anticipated some of the costs would be recovered through the ordinance cost recovery provisions.

Mayor Taylor felt it was good for the City and neighborhood improvement and he asked if liens would be used to recapture monies used for cleaning up a property. He asked if a letter was sent to the bank prior to the City cleaning the property.

Code Enforcement Officer II, Ken Rader, explained the process and said at a minimum, it would take three weeks and the property would be cleaned.

Mayor Taylor asked about the if the backyard would also be cleaned.

Code Enforcement Officer II, Ken Rader, said if there was a potential hazard in the backyard, an abatement warrant would be needed to go in the back.

A period of questions by Council Members and responses by staff ensued.

Council Member Richey explained voluntary compliance.

Mayor Taylor asked for public comments.

Susan Fox said she was not in support of the proposed ordinances and felt there was no research to prove the correlation between neighborhood appearance and price. She did not believe it was wise to give people criminal records for violating aesthetic, social and economical standards. She felt, based on an unproven assumption, that land maintenance affected property values of neighborhood property, and due to a temporary condition that the City had approximately 600 bank-owned properties, non law enforcement City staff would be empowered to give citizens criminal records for overgrown plants or not enough plants, leaning fences, and uneven sidewalks. She asked for Council consideration.

Mayor Taylor closed public comments.

Council Member Richey said this had come out of the Neighborhood Improvement Committee. If the property maintenance ordinances were watered down, he felt the City would be asking for the problems of the surrounding communities to come to the City. The ordinances were strict and reflected the neighborhood appearances and values of the community the City was striving to have.

Council Member Becnel agreed with Council Member Richey and said staff would not be able to go out and issue criminal citations. There was a procedure staff needed to go through and would also need to go through the Police Department to be qualified to issue citations. He felt the elected government officials and staff were reasonable people and he was in support of the proposed ordinances.

Council Member Stonebarger said it was the number one complaint he had received and he was in support of the proposed ordinances.

Vice Mayor Brockman asked if the City Manager designated an employee with citation authority.

City Attorney, Damien Brower, said the City Manager could designate citation authority for those specifically listed sections, and that would be in addition to those designations the Council would be approving for the Chief of Police, Community Service Officers, Community Development Director and other Directors. He noted the only staff members who had citation authority over these particular Chapters, was the City Manager, Chief of Police and the Community Development Director. The Finance Director could not issue criminal or administrative citations for Title 8 and was limited to Title 5, Business License and tax issues.

Vice Mayor Brockman said he was in favor or the proposed ordinances.

Mayor Taylor said he was the advocate of citizens rights. He asked if someone had a right of appeal on the citation and how many days do they have to appeal.

City Attorney, Damien Brower, said the vast majority of citations issued under the property maintenance would be administrative citations which granted the responsible party the right of appeal. The Code Enforcement Department provided notices and worked with the responsible party. Most issues of administrative citations were settled voluntarily through letters, notices and phone calls.

Mayor Taylor wanted the citizen to be protected and asked about the citation process and if there could be a change made if the process was not working.

City Attorney, Damien Brower, stated citations were handled through the City Manager’s Office, and he explained the process, and said the Council could change the process at any given time.

Mayor Taylor asked if the grass had to be green and not brown.

Code Enforcement Officer II, Ken Rader, said the grass needed to be alive.


Motion: Introduce and waive first reading of Ordinance 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: Introduce and waive first reading of Ordinance 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

Motion: Adopt Resolution 2007-270 amending the 2007/08 – 2008/09 Operating Budget in the amount of $75,000 ($25,000 for 2007/08 and $50,000 for 2008/09) for contractor services related to property maintenance and abatements.
Moved by Becnel, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (10:08 PM)

Mayor Taylor reported on the Transplan meeting and lowered road fees.

Director of Public Works/City Engineer, Bailey Grewal, spoke about his attendance at the Bypass Authority meeting.

Mayor Taylor reported on his attendance at the Vasco Road Task Force.

ADJOURNMENT (10:15 PM)

Motion: Adjourn
Moved by Richey, seconded by Stonebarger.
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
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov