City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

Brentwood City Council
Minutes of August 8, 2000 

A regular meeting of the City Council of the City of Brentwood was called to order at the hour of 7:30 p.m. in the City Council Chambers, 734 Third Street, Brentwood, California, with Mayor Kidd presiding.

ROLL CALL

Present: Councilmember Gomes, McPoland, Petrovich, Young, Mayor Kidd
Absent: None

PRESENTATIONS 

A Cornfest 2000 – Greg Robinson gave an update on the Cornfest that was held in July, he also presented a check to the City for reimbursement of services that were provided.

B Aquatic Center Update, Craig Bronzan, Director of Parks and Recreation, spoke about the Aquatic Center he stated that it should be ready to open in early September. Dennis Cooper, Pacific Program Management, spoke about the items that need to be completed for the Aquatic Center. 

AGENDA REVIEW

Item No. 13 Memo from Engineering requesting that the landscaping be excluded from acceptance at this time.

Item No. 19 Letter from James A. Erickson opposing the prezoning and annexation.

Item No. 20 Memo from Engineering add acquisition of access roadway and utility improvements to serve the future Sunset Industrial Project proposed on portion of city owned parcels 018-200-002 & 008, and increase the debt obligation from $14 million to $15 million.

CITIZEN COMMENTS – None 

CONSENT CALENDAR

Approve Minutes of July 25, 2000

Approve Warrant Nos. 51750 – 52027.

Adopt Ordinance No. 638 to approve amendment of the contract between the City of Brentwood and Board of Administration of the California Public Employees’ Retirement System (CalPERS) as agreed during the meet and confer process.

Adopt Ordinance No. 640 approving an amendment to Planned Development No. 26 by adding development standards for Planning Areas 3 and 4 (TSM 8055) and Planning Area 9 (TSM 8395).

Authorize the City Attorney to prepare an ordinance regarding the payment of City warrants.

Authorize the City Engineer to reimburse Spa ‘L’ Builders for $60,704.78 for professional services rendered for the structural design of the underpass at Sand Creek Road, CIP Project No. 336-3061.

Authorize the City Manager to execute change orders for an additional 5%, for a total of 15% in contingencies of the base bid, in construction change orders to RGW, Inc. for the Sand Creek/O’Hara Avenue Extension, CIP Project No. 336-3055.

Approve Resolution No. 2120 accepting the offers of dedication of street rights of way, accepting the public improvements except landscaping for maintenance, accepting the subdivision maintenance bond, accepting a performance and payment bond for landscaping, and releasing the subdivision performance and payment bonds for Subdivision 8046, California Grove by Kaufman & Broad, located north of Grant Street and west of Brentwood Boulevard. 

Approve Resolution No. 2121 amending the adopted budget to facilitate the addition of one full-time construction inspector. 

Approve Resolution No. 2122 approving the Final Map of Subdivision 8373, Ellesmere at Brentwood Lakes (Brookfield Homes) located north of Balfour Road along West Country Club Drive, accepting the improvement security, and approving the Subdivision Improvement Agreement. 

Approve Resolution No. 2123 approving the Final Map of Subdivision 7474, Tuscany Unit 1 (Beck Properties) located west of Fairview Avenue and south of San Jose Avenue, accepting the improvement security and approving the Subdivision Improvement Agreement. 

Authorize the City Manager to execute a Right to Enter and Construct and Grant of Easement (“Right to Enter”) to construct a soundwall along a portion of Chestnut Street for each of the property owners with property abutting Chestnut Street right of way and located on Stanwick Street.

Approval of a Resolution accepting the offers of dedication of the street rights of way shown thereon (Balfour Road, Palm Drive, Palm Court, Palm Place, Putter Drive, Putter Court, East Country Club Drive and Lakeview Drive), accepting public improvements for maintenance, accepting the subdivision Maintenance Bond and releasing the subdivision Performance and Payment Bonds for Subdivision 7705, Brentwood Lakes Unit I (Lee Hancock Construction, Inc.), located north of Balfour Road and west of Fairview Avenue. 

Reject claim presented by Julie Dalander on June 21, 2000 for $163.50 as recommended by the City’s third-party insurance adjuster, Contra Costa County Municipal Risk Management Insurance Authority and the City Attorney. 

Item No. 13 was pulled from the consent calendar.

It was moved/seconded by Petrovich/Gomes approving Consent Calendar items 1-12 and 14.

Item 13
John Stevenson, City Engineer, explained that landscaping portion is not complete and will be excluded; when it is complete they will then submit it. 

It was moved/seconded by McPoland/Young approving Resolution No. 2124 accepting the offers of dedication of street rights of way shown thereon, accepting parcels ‘E’, ‘F’ and ‘I’, accepting the public improvements for maintenance excluding landscaping, accepting the subdivision maintenance bond and releasing the subdivision performance and payment bonds for subdivision 7705, Brentwood Lakes Unit 1, Lee Hancock Construction, Inc, located north of Balfour Road and west of Fairview Avenue. Motion carried unanimously.

PUBLIC HEARINGS

Rezoning (RZ 99-1) and establishment of development standards on 14.9± acres, located along both sides of Sand Creek Road, west of Brentwood Boulevard and adjacent to the existing Brentwood Center. The rezoning is from a mix of General Commercial (C-2) and Commercial/Office/Business (COB) to a Planned Development Zone (PD-40) with development standards to allow a mix of retail/office and light industrial “Flex space” uses. Applicant: CP Management, LLC for the property owner Frank Bellecci, Sr. 

Mike Leana, Chief of Planning, gave a visual presentation regarding PD-40 he explained that it has been divided into two subareas; subarea A and subarea B and explained that the applicant is requesting conditional use for self storage facility in subarea B. 

Arthur Lorenzini, applicant, also gave a visual presentation on the appearance of other self-storage buildings.

Mayor Kidd opened public hearing.

Councilmember Young asked if the conditional use permit was approved, would it then inhibit other uses on that property. Dennis Beougher, City Attorney, answered that it would not. 

Councilmember Petrovich stated that he doesn’t have a problem with self-storage. 

The Public Hearing was closed.

Ordinance 641

An ordinance of the City Council of the City of Brentwood approving the rezone (RZ 99-1) of three parcels totaling 14.91± acres generally located west of Brentwood Boulevard and on both sides of Sand Creek Road from a mix of general commercial (C-2) and commercial/office business (COB) to planned development (PD-40) to allow a mix of commercial, retail/office and light industrial “flex space” use and adding Chapter 17.491 to the Brentwood Municipal Code which establishes development standards for subareas “A” and “B” in the new PD-40. (APN 110-023, 024 and 028).

It was moved/seconded by Petrovich/McPoland that the full reading of Ordinance 640 be waived and that the same be passed on first reading as recommended by staff. Motion passed by the following vote:

AYES: Councilmembers, Gomes, McPoland, Petrovich, Young, Mayor Kidd
NOES: None
ABSENT: None


Appeal of the Planning Commission decision denying CUP 89-14B and Variance 00-03, applications for a condition of approval regarding removal of sign logos and a variance to allow the installation of signage exceeding the three maximum signs allowed for a service station and convenience market, located at 8750 Brentwood Boulevard. Applicant: Tower Energy Group. 

Lawrence Lew, Associate Planner, spoke briefly about the original conditional use permit for the building and the sign requirements.

Timothy Boe, ARC, Inc., spoke about the difficulty in changing logos at the top of four barrel vaults that they have had at other stores and that the logo is part of the design of the building. He stated that the store would prefer to be allowed to keep the cow.

Mayor Kidd opened the Public Hearing.

Ray Shipley, 582 Red Rome Lane, stated that the Planning Commission denied this because it exceeded the maximum number of signs at that time.

There was discussion regarding the four barrel vault at the top of the building and if the Cheaper Company had closed all of their stores and that logo would no longer be associated with a corporation. It was explained that because the logo was no longer associated with the company a finding could be made that the four barrel vaults are not signs. There was further discussion regarding the cow in front of the store.

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

Resolution No. 2125

A Resolution of the City Council of the City of Brentwood overturning the action of the Planning Commission by granting an appeal for a modification to an approved Conditional Use Permit (CUP 89-14) and dismissing a request for a variance from the sign regulations to allow for additional wall-mounted signs located at 8750 Brentwood Boulevard (APN 010-140-023).

It was moved/seconded by Gomes/Petrovich that the full reading of Resolution No. 2125 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

AYES:       Councilmembers, Gomes, McPoland, Petrovich Young, Mayor Kidd 
NOES:     None
ABSENT: None


Rezoning (RZ 00-9) of twelve existing parcels totaling 57.36± acres from Planned Development Thirty Five (PD-35) for light industrial and professional office uses to a new Planned Development Forty Eight (PD-48) for retail, office, light industrial and church related uses, generally located on the south side of Lone Tree Way between Jeffrey Way and Shady Willow Lane extending southerly to Amber Lane. Applicant: City of Brentwood.

Mr. Leana introduced the staff report and gave a visual presentation.

Mayor Kidd opened the Public Hearing, there being no one wishing to speak the Public Hearing was closed.

Ordinance 642

An Ordinance of the City Council of the City of Brentwood approving rezone (RZ 00-09) of twelve parcels totaling 57.36± acres generally bounded by Lone Tree Way, Jeffrey Way, Shady Willow Lane and Amber Lane from Shell PD-35 for Light industrial and office uses to planned development forty eight (PD-48) to allow a mix of retail commercial, office, light industrial and church uses and adding chapter 17.503 to the Brentwood Municipal Code which establishes development standards for the new PD-48 (APN 019-040-043 & 019-032-001 through 011).

It was moved/seconded by Petrovich/McPoland to waive full reading of Ordinance 642 be waived and that the same be adopted as recommended by staff. Motion carried by the following vote:

AYES: Councilmembers Gomes, McPoland, Petrovich, Young, Mayor Kidd
NOES: None
ABSENT: None

Initiation of Annexation to LAFCO and Prezone to Planned Development 45 (PD-45) for a residential density of 1 to 5 du/ac. with a mid range of 3 approximately 56.3± acres, located on the north side of Sycamore Avenue east of Windsor Way (APN 016-190-006 & 007). Applicant: Signature Properties.

Mr. Leana introduced the staff report.

Councilmember Young asked why this was being done while we are in the process of updating the General Plan.

Mr. Leana explained that the applicant had made the request and there is no intent to modify land use at this time. Mr. Oshinsky mentioned that this is the type of property that LAFCO has encouraged the City to annex as an infill annexation.

Mayor Kidd opened the Public hearing, there being no one wishing to speak the Public Hearing was closed.

Resolution No. 2126

A Resolution of the City Council of the City of Brentwood initiating an application to the Local Agency Formation Commission (LAFCO) for annexation No. 00-04, referred to as the Bonnickson/Tambellini annexation located at the easterly terminus of Sycamore Avenue along the current eastern city limit boundary line. (APN 016-190-006 & 007)

It was moved/seconded by Gomes/McPoland that the full reading of Resolution No. 2126 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

AYES: Councilmembers, Gomes, McPoland, Petrovich, Mayor Kidd
NOES: Councilmember Young
ABSENT: None


 Initiation of Annexation to LAFCO Prezone 160± acres referred to as the Stolich/Brown Property, generally located east of Brentwood Boulevard and north of Sycamore Avenue, and initiation of annexation proceedings of this area to the City of Brentwood. In order to conform to the City’s existing General Plan, the annexation area is being proposed to be prezoned to PD-46 (Planned Development Forty Six) and adjacent to irrigation district property, for a density of 1.1 to 5 du/ac. Applicant: S.S. Brown Investment Assoc., LP & Ronald A. Stolich. 

Debbie Hill, Associate Planner, introduced the staff report.
Mayor Kidd opened the Public hearing. 
Councilmember Young asked what were the additional thoughts on this that are referenced in the staff report. Ms. Hill explained that because this backs up to agricultural lands there are some thoughts about a buffer zone.

Resolution No. 2127

A resolution of the City Council of the City of Brentwood initiating an application to the Local Agency Formation Commission (LAFCO) for annexation No. 00-05, referred to as the Stolich/Brown annexation.

It was moved/seconded by Petrovich/Gomes that the full reading of Resolution No. 2127 be waived and that the same be approved as recommended by staff. Motion passed by the following vote:

AYES: Councilmembers, Gomes, McPoland, Petrovich, Mayor Kidd
NOES: Councilmember Young
ABSENT: None

NEW BUSINESS


Approval of resolutions to initiate proceedings for CIFP 2000-1 and Assessment District 2000-1 and setting a date of October 10, 2000 for the public hearings. 

Paul Eldredge, Associate Engineer, introduced the staff report. 

Councilmember Young asked the underwriter if under the worst-case scenario a homeowner could be foreclosed against for not paying the fees for this district. Bob Williams explained that even in a worst-case scenario that chances are very slim that this would happen. 

Councilmember McPoland stated that moving industrial businesses into this area would also trigger other improvements. Mayor Kidd felt that the Sunset Boulevard realignment is also a positive aspect to this district.

Councilmember Young felt that this would increase city debt; and that there is a better way to do this. 

Mr. Williams explained that these would not be secured by the City and would not affect the City’s credit rating and that homeowners would be notified of the assessment at the time of purchase.

Annette Beckstrand 1057 Twinbridge Court, asked if this would be offset by developers. Mayor Kidd explained that it would be used to prepay roadway fees before the houses are built. Mrs. Beckstrand felt that it the developers should pay the fee and not the homeowners. There was discussion that this fee would enable infrastructure to be put in before homes are built. 

Resolution No. 2128
A Resolution of the City Council of the City of Brentwood declaring official intent to reimburse certain expenditures from proceeds of indebtedness


Resolution No. 2129
A Resolution of the City Council of the City of Brentwood approving boundary map in and for Assessment District No. 2000-1

Resolution No. 2130
A Resolution of the City Council of the City of Brentwood of intention to order improvements in Assessment District No. 2000-1

It was moved/seconded by Gomes/McPoland that the full reading of Resolution Nos. 2128, 2129 and 2130 be waived and that the same be adopted as recommended by staff motion passed by the following vote:

AYES: Councilmembers, Gomes, McPoland, Petrovich, Mayor Kidd
NOES: Councilmember Young
ABSENT: None

Resolution No. 2131

A Resolution of the City Council of the City of Brentwood preliminarily approving Engineer’s Report, setting date for Public Hearing of protests and providing for property owner ballots for Assessment District No. 2000-1

It was moved/seconded by Gomes/Petrovich that the full reading of Resolution No. 2131 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

AYES: Councilmembers, Gomes, McPoland, Petrovich, Young, Mayor Kidd
NOES: None
ABSENT: None

Council took a break at 9:05 p.m. and reconvened at 9:10 p.m.


 Approve a Volunteer Appreciation Recognition event for Saturday October 7, 2000. 

Jon Elam, City Manager, introduced the staff report and spoke about the volunteers that work on many different committees for the City. Councilmember Petrovich stated that this would take place on the same day Delta Community Center is holding a barbeque. 

It was moved/seconded by Petrovich/Gomes to approve an event in appreciation of volunteers with a date to be determined. Motion carried unanimously.

Consideration of a request from John Continente, Jr. for the City to purchase property at 8436 Brentwood Boulevard and convert it into a public parking lot. 

Mr. Elam introduced the staff report.

It was moved/seconded by Petrovich/McPoland to authorize staff to meet with the owner of the vacant property located at 8436 Brentwood Boulevard to explore the possibility of purchasing the property. Motion carried unanimously. 

CITIZEN COMMENTS

Greg Madsen, 670 Canyonwood Drive, asked that the issues regarding Canyonwood Drive be put on a future agenda.

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS – City Council Subcommittee Reports

Updates on the were given on the following subcommittees by the respective Councilmembers; Diversity, Water/Sewer, Youth, Capital Improvement, Agriculture, Economic Development, Finance, Fire, Park and Recreation, Personnel, Solid Waste, Telecommunications, and Transportation.

REQUESTS FOR FUTURE AGENDA ITEMS

Mayor Kidd requested a meeting be arranged to discuss state funds that are available for Vasco Road.

Councilmember Gomes requested options for the City to build a Police Department.

At 9:30 p.m. the Council convened to closed session.

CLOSED SESSION

Conference with Legal Counsel – Initiation of litigation per Government Code §54956.9(c): 
one case 

Conference with Legal Counsel – Existing litigation per Government Code §54956.9(a):
D. Bailey Neff v. City of Brentwood, Case No. C 00-02705

The meeting reconvened in open session at 9:50 p.m. with the following action reported:

The City Council authorized the City Attorney to file an action concerning an amendment to the Contra Costa County General Plan to modify the Urban Limit Line.

 The City Council authorized the execution of a stipulation concerning D. Bailey Neff v. City of Brentwood.

ADJOURNMENT - At 9:52 p.m. the City Council meeting was adjourned to August 16, 2000 at 7:00 p.m.

Respectfully Submitted, Margaret Wimberly, Administrative Assistant

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