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Brentwood City Council
Minutes of August 22, 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: Councilmembers Gomes, McPoland, Petrovich, Young, Mayor Kidd
Absent: None

PRESENTATIONS 

Mayor Kidd administered the oath of office and presented certificates of appointment to Casey Billingsley, Lacy Barry and David Lang, Adult Advisor, for one year terms to expiring August 22, 2001; Stacie Del Chiaro, Ashley Brown, Laura Wenograd, for two year terms expiring August 22, 2002; Daisy Hurtado and Jessica Ordaz, for three year terms expiring August 22, 2003.

AGENDA REVIEW

Item No. 16 Memo from City Attorney.

Item No. 24 Memo from Supervisor Joe Canciamilla

Item No. 25 Letter from Delta Community Services, Inc.

CITIZEN COMMENTS

Bill Hill requested that the Council continue Item No. 26 until it can be discussed by the General Plan Update Committee. 

CONSENT CALENDAR

  1. Approve Minutes of August 8, 2000.
  2. Approve Warrant Nos. 52028 – 52279. (Pulled for further discussion.)
  3. Approve Resolution No. 2132 approving an additional lease schedule, in the amount of $200,000, to the lease/purchase agreement between the City of Brentwood and Municipal Finance Corporation.
  4. Adopt Ordinance No. 641 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. 
  5. Adopt Ordinance No. 642 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 Planed 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. 
  6. Approve Resolution No. 2133 adopting Council/Administrative Policy No. 20-10, Catastrophic Leave Policy.
  7. Approve extension of time requirement in Section 2.8 of the Jeffry Development Agreement to March 1, 2001. 
  8. Approve reappointments of Commissioner Ron Heinrich and Alternate Commissioner Marilyn Long to the Contra Costa County Library Commission for term from July 1, 2000 to June 30, 2001.
  9. Approve Resolution No. 2134 approving the Final Map of Subdivision 8242, Campanello Unit 2 (Centex Homes) located south of Balfour Road and east of Marsh Creek, accepting the improvement security, and approving the Subdivision Improvement Agreement.
  10. Approve Resolution No. 2135 approving the Final Map of Subdivision 8374, Inverness at Brentwood Lakes (Brookfield Homes) located north of Balfour Road along East Country Club Drive, accepting the improvement security, and approving the Subdivision Improvement Agreement. 
  11. Approve Resolution No. 2136 approving the Final Map of Subdivision 8383 (Grupe Properties), located south of Balfour Road and east of Walnut Boulevard, accepting the improvement security, and approving the Subdivision Improvement Agreement. 
  12. Approve Resolution No. 2137 dedicating the revenue obtained from the Sewer Rate Study for Fiscal Years 1999/00 to 2004/05, as approved by Ordinance 613, to repay the State Revolving Fund Loan on Project No. C-06-4585-110, to remain in effect until such loans are fully discharged unless modification or change of such dedication is approved in writing by the State Water Resources Control Board (SWRCB). 
  13. Authorize the City Manager to execute agreements to provide professional services to the City on an as-needed basis to Robert Bein, William Frost and Associates (RBF). Services are not to exceed $30,000 through June 30, 2001. 
  14. Approve Resolution No. 2138 accepting the work performed by Grade Tech, Inc. for Marsh Creek Trail Undercrossing (CIP No. 336-3081); and directing the City Clerk to file a Notice of Completion with the Recorder’s Office of Contra Costa County for said project. 
  15. Approval Resolution No. 2139 adopting the Advanced Technology (Fiber Optics) Master Plan (CIP Project No. 336-3107), and authorizing the City Engineer to make revisions to the specifications and details as necessary in the future. 
  16. Approve Resolution No. 2140 approving the Final Map of Subdivision 8084-Summerset At Brentwood Country Club located south of Balfour Road and west of Fairview Avenue Extension, accepting the offers of dedication shown thereon subject to acceptance of improvements, accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same. 

Item No. 2 was pulled from the Consent Calendar.

It was moved/seconded by Gomes/Young approving Consent Calendar items 1 and 3-16 as recommended by staff.

Item No. 2

Councilmember Petrovich stated that $95,000 had been paid in consultant fees.

It was moved/seconded by Petrovich/Gomes approving Warrant Nos. 52028-52279. Motion carried unanimously.

PUBLIC HEARINGS

  1. Consideration of request to modify Conditional Use Permit (CUP) 97-10, to change the color of the canopy fascia for the new Chevron Station under construction at 336 Oak Street. Applicant: TBC Architects for Chevron Oil. 

Mayor Kidd advised that he had a conflict of interest and turned the meeting over to Vice Mayor Gomes.

Mitch Oshinsky, Director of Community Development, introduced the staff report and gave a visual presentation demonstrating the first and second drawings that were submitted by Chevron for the station and explained that the blue color is a source of corporate identity for Chevron. 

Vice Mayor Gomes noted the color differences on the two drawings and asked which would be accurate. A representative of Chevron explained that the artist renderings differ slightly from the actual color.

Timothy Boe, ARC. Inc., spoke about the project and the need to have the architecture compatible with other buildings in the downtown area, the reduction in the number of pumps on the project and the car wash that had been left off of the project. He explained that customers identify Chevron with the blue color and the lettering that goes with it. He believes the amount of blue on the canopy is modest and would not detract from the area.

Vice Mayor Gomes opened the public hearing.

Greg Madsen, 670 Canyonwood Drive, stated his opposition to the modification.

Councilmember Young felt that the blue on the canopy detracts from the project. 

Councilmember McPoland spoke in favor of the original design, he felt that this is a focal point in the downtown area and it should remain as it was originally submitted with the café au lait color. 

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

Resolution No. 2141

A resolution of the City Council of the City of Brentwood denying the amendment of Conditional Use Permit (CUP) 97-10, including Design Review for a color change on the service station canopy.

It was moved/seconded by Young/McPoland that the full reading of Resolution No. 2141 be waived and that the same be passed on first reading as recommended by staff. Motion passed by the following vote:

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

  1. Consideration of rezoning of 36.33 acres from Planned Employment Center (PEC) to Planned Development No. 47 (PD-47) by adding Chapter 17.502 to the Brentwood Municipal Code establishing Development Standard for Subarea “A” of the PD-47 Zone. 

Jeff Zilm, Associate Planner introduced the staff report and gave a visual presentation. The Planning Commission had a design review for one building on the site. The drive-thru created a problem for the Planning Commission because they felt it would create an area that is not pedestrian friendly. The Planning Commission put a condition on the property that allows for maximum of any one secondary to be no greater than 2000 square feet and not occupy more than 10% of the total building square footage, the total square footage is roughly 42,000 square feet so there would be a maximum of 4,200 square feet of secondary uses and no single use could be more than 2000 square foot. The Planning Commission was trying to limit the secondary uses. The third use the applicant would like to see would be for a financial institution. The Zoning Ordinance does not currently allow for financial institutions unless there are three in the downtown area, the Planning Commission voted to have that included in the language for the PD Standards.

There was discussion regarding the location of a bank within this area, and the current zoning that doesn’t allow banks outside the downtown area unless there are three banks within the downtown area. Councilmember Gomes asked the type of business that could be put into PD 47. Mr. Zilm stated that it allows for general office buildings, secondary shops would be sandwich shops, drycleaners, health clubs, Conditional Permit uses would be public uses and quasi public uses such as medical laboratory, outpatient care facility, sit down restaurants.

Ralph Strauss, SDG Architects, stated the goal of the 42,000 square feet of office space was to create a campus like environment with the three buildings that would be pedestrian friendly. They believe there is a need for business to support employees within the project, this has been restricted to 10% of the total area, they feel this would be enough. A potential client requested a drive-thru use, they feel that they could accomplish this, and keep the pedestrian friendly environment. He would like to have banks included in the Planned Development for this area.

Mayor Kidd opened the Public Hearing.

Curt Scheve, 2151 Applehill Terrace, stated he is a commercial leasing broker and he has been working with Ralph Strauss on this project. He spoke about what amenities companies look for when they relocate such as daycare, fitness center, concierge, banking, coffee bars, and dry cleaners. He explained that the point is not to locate all of these on one site, but to include some of the uses. 

Greg Madsen, 670 Canyonwood Drive, expressed concern that 150 employees in the area will create more traffic problems on Walnut Blvd.

Steve Teitsort, 671 Summerwood Drive, asked why you would need a drive-thru to support people within the facility

Jim Dotts, 675 Bartlett Court, felt that the drive-thru would basically eliminate the pedestrian traffic on the north end of the project. 

There was discussion about the drive-thru and the pedestrian traffic, it was stated that most of the pedestrian traffic would be coming from areas other than the north.

Greg Gonzales, 673 Charmstone Court, asked if Walnut was going to be widened for this project. It was explained that it was being widened.

Councilmember Petrovich stated that he doesn’t have a problem with the drive-thru or eliminating the banking requirement, but he would want it to come back to Council before another bank could locate outside of downtown. He wouldn’t want to limit this to not having a bank.

Councilmember Young said he is not in favor of a drive-thru. He asked Mr. Oshinsky if staff’s recommendation for approving the Ordinance would incorporate the recommendations added by the Planning Commission. Mr. Oshinsky stated that this item came from the Planning Commission, and that it does not allow for the drive-thru.

There was discussion regarding the traffic circulation for this project. Councilmember McPoland asked if there had been considerations from staff on the traffic from the drive-thru. John Stevenson, City Engineer, stated that he has requested a turning template from the drive-thru onto Kirkman Drive. 

Mr. Oshinsky stated that this item is just for a rezone at this time and it is not for the site plan. Building B is the only site plan that has been approved by the Planning Commission. The specific layout of the site is not before Council at this time. 

Councilmember Gomes said he thinks it’s important to have facilities within this complex to encourage employees to stay there instead of getting out on roadways during commute times. 

Mayor Kidd said he did not have a problem increasing the space for secondary usage. 

Councilmember Petrovich said he didn’t have a problem with increasing the space for secondary usage, but he would like to see it come back to Council.

Mr. Madsen asked if the Council could require merge lanes for traffic as a condition of approval.

Mr. Stevenson stated that there are thirty-foot parkways in the site and that this is wide enough to put in deceleration lanes and not affect the site as it is shown.

There being no one wishing to speak the public hearing was closed.

Ordinance 645

A Ordinance of the City Council of the City of Brentwood approving the rezone (RZ 00-08) of 36.33 acres generally located west of Walnut Avenue and South of Kirkman Road from Planned Employment Center (PEC) to Planned Development forty seven (PD-47) and adding Chapter 17.502 to the Brentwood Municipal Code, which establishes development standards for PD-47 (APN: 010-550-070)

It was moved/seconded by Young/McPoland that the full reading of Ordinance 645 be waived and that the same be passed on first reading with the inclusion of deceleration lanes, which will be addressed during Design Review, 15% secondary usage by Conditional Use Permit and the 10% by right, and the bank by CUP. Motion passed by the following vote:

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

  1. Consideration of a Resolution amending Master Fee Resolution 98-195 to add a disposal rate of $28 per ton for yard waste, wood waste, and construction & demolition. 

    Thom Head, Director of Public Works, introduced the staff report. 

    Mayor Kidd asked what percentage of the Solid Waste fund is this is from.

    Mr. Head that is was not a very large part, and would probably be net neutral in the long run.

    Councilmember Petrovich stated that he would like to have this referred back to the Solid Waste Subcommittee before Council takes action. Council concurred with referring this item to the Solid Waste Subcommittee for review and recommendation. 

OLD BUSINESS

  1. Canyonwood Traffic Update. 

    Mr. Stevenson introduced the staff report. He spoke about the means that the City has taken to try to resolve this problem including various traffic counts, meetings with residents to discuss various options available to them including chicanes and speed bumps. 

    Rick Johnson, 675 Canyonwood Drive, said that the residents are not in favor of chicanes, and the proposed location of the traffic counter will not accurately reflect traffic flow on Canyonwood Drive. He also said that as a resident he would like input on whatever will be done regarding this issue. 

    Lisa Madsen, 670 Canyonwood Drive, said she doesn’t believe that the traffic counts done by the City accurately reflect the traffic on school days. She would like to see a road built over the creek for traffic going to the school and the Ironwood/Minnesota extension built. She also stated she is concerned for the safety of children on her street. 

    Linda Limas, 723 Sunlight Drive, stated that chicaning didn’t work in the city she lived in previously and it attracted skateboarders.

    Mr. Madsen said that Ironwood Drive was originally planned as a through street; he would like the City build a road.

    Marcel Rodriguez, 695 Canyonwood drive, said he would not of purchased his home had he known about the traffic problems on his street. 

    Mr. Gonzales said he is upset with the traffic conditions and that current measures are not working he would like to see a road built.

    Mr. Tietsort stated he would like to see the City build another street; he is upset with the amount of traffic in front of his home.

    There was discussion about the amount of traffic on Canyonwood Drive and the volume of traffic and traffic violations that occur daily. 

    Councilmember Young asked who had the ultimate authority on making Ironwood Drive a through street. Mr. Stevenson stated that the State has final authority and that the City had appealed to them and they said no. There was also discussion on the possibility of building a road over the creek, however the City would need to get permission from the State Department of Fish and Wildlife, Mr. Stevenson stated that it would be very problematic and the chances of getting approval to build Ironwood on that land would be very slim. The residents stated they are against chicanes and speed humps. There was discussion about the possibility of medians. 

    Mr. Tietsort asked if it was illegal for the City to change the plan without having an EIR. Mr. Beougher said that the schools have an absolute right to do what they want, the State has jurisdiction over zoning and planning for schools.

    Councilmember McPoland would like this to be brought before the CIP subcommittee. Mayor Kidd requested this item be brought to the interagency meeting on August 29, 2000. He suggested a committee of Councilmembers and School officials to work together on ideas to lessen traffic in school areas. Council directed staff to work with the school board to have this item heard at a school board meeting at which they would like to have all affected parties notified of this meeting.

Council took a break at 9:35 p.m. and reconvened at 9:45 p.m.

  1. Aquatic Park Update. 

    Craig Bronzan, Director of Parks and Recreation, gave an update on the Aquatic Center and stated it would be open on Labor Day weekend and he stated that they would offer free admission in two-hour time blocks. 

    There was discussion on the amount of time that free admission should be offered for. Councilmember Gomes said he would like people to be notified of the two-hour blocks as they entered the complex so they would be aware of this. This is not the formal dedication of the complex. 

    Councilmember McPoland said he would like the final plan to be analyzed by experts and he would also like to see a statement of materials that were purchased for the pool.
  2. Second reading and adoption of Ordinance No. 643 prezone to Planned Development 45 (PD-45) for a residential density of 1 to 5 du/ac. with a mid range of 3 of approximately 56.3± acres, located on the north side of Sycamore Avenue east of Windsor Way (APN 016-190-006 & 007). Applicant: Signature Properties.

    Mike Leana, Chief of Planning, introduced staff report.

    Ordinance 643

    An Ordinance of the City Council of the City of Brentwood amending the Municipal Code by prezoning certain properties referred to as the Bonnickson/Tambellini annexation area generally located at the easterly terminus of Sycamore Avenue, along the current eastern City limit boundary line, to Planned Development Forty Five (PD-45). (APN 016-190-006 & 007)

    It was moved/seconded by Gomes/Petrovich that the full reading of Ordinance No. 643 be waived and that the same be adopted on seconded reading as recommend by staff. Motion passed with the following vote:

    AYES: Councilmembers Gomes, McPoland, Petrovich, Mayor Kidd
    NOES: Councilmember Young
    ABSENT: None
  3. Second reading and adoption of Ordinance No. 644 prezone 160± acres referred to as the Stolich/Brown Property, generally located east of Brentwood Boulevard and north of Sycamore Avenue. The area is being proposed to be prezoned to PD-46 (Planned Development Forty Six), for a density of 1.1 to 5 du/ac. with a midrange of 3. Applicant: S.S. Brown Investment Assoc., LP & Ronald A. Stolich.

    Mr. Leana introduced the staff report.

    Ordinance 644

    An Ordinance of the City Council of the City of Brentwood amending the Municipal Code by prezoning certain properties referred to as the Stolich/Brown annexation area generally located along the current eastern City limit boundary line to Planned Development Forty Six (PD-46).

    It was moved/seconded by Gomes/Petrovich that the full reading of Ordinance No. 644 be waived and that the same be adopted on seconded reading as recommend by staff. Motion passed by the following vote:

    AYES: Councilmembers Gomes, McPoland, Petrovich, Mayor Kidd
    NOES: Councilmember Young
    ABSENT: None
  4. Consideration of Resolution adopting a Tax Sharing Agreement with Contra Costa County for the Central Annexation. 

    City Manager Elam introduced the staff report. 

    Councilmember Gomes said that he and Councilmember McPoland had met with Supervisor Canciamilla and asked if he would consider different options. 

    There was discussion on the County’s offer of 55% for the City of Brentwood and 45% for the County. 

    Mayor Kidd expressed concern with the agreement because there is no cancellation clause. He would like to have a partial annexation at this time.

    Resolution No. 2142

    A Resolution of the City Council of the City of Brentwood for the determination of property tax exchange for the Central Area Annexation to the City of Brentwood, Contra Costa County.

    It was moved/seconded by Gomes/Petrovich to approve Resolution No. 2142. Motion passed by the following vote:

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

NEW BUSINESS

  1. Consideration of a partnership between Delta Community Services Center and the City of Brentwood, and authorization to prepare formal implementation activities. 

    Mr. Elam introduced the staff report. 

    Bill Putman, DCSC Board, said that the Delta Community Services Board is in favor of the partnership.

    Councilmember Petrovich said that a developer was doing upgrades to the kitchen. 

    Mayor Kidd asked if the financial concerns of the Center had been taken care of. Mr. Elam stated that they had been.

    It was moved/seconded by Gomes/Young to approve the partnership between Delta Community Services Center and the City of Brentwood and prepare formal implementation activities. Motion passed unanimously.
  2. Discussion regarding Police Department staffing and support levels

    Mr. Elam introduced the staff report. 

    Councilmember Gomes said he would have a problem with this being held for the General Plan Update Committee to discuss and that the final approval of the Central Annexation would increase the population. He stated that the current police officer ratio is not very high and he would like to see a minimum ratio of 1.5 per 1000 thousand residents. 

    Larry Shaw, Chief of Police, spoke about the need for police officers and the fact that volunteers complete many of the duties that are completed in other cities by police officers. He said that they have increased office hours; officers also record all reports, which then need to be transcribed. He would like to see a policy set in place so that staffing levels of officers don’t fall behind. 

    Mr. Hill stated that he doesn’t challenge the necessity for the need of more police officers, but he is concerned about staffing levels of other safety personnel. 

    There was discussion regarding the staffing level that would be necessary in the City. Chief Shaw said that 1.5 officers per 1000 residents would be ideal. Mr. Elam stated at the current population level the City would need to hire five more officers to meet the 1.5 per 1000. 

    Council directed staff to take this to the General Plan Update Committee on August 31, 2000 with an item to be added to the City Council agenda on September 12, 2000. 
  3. Consideration of options to proceed with implementation of a new police facility. 

    Mr. Elam introduced the staff report. 

    It was moved/seconded by Gomes/Petrovich to authorize the City Manager to prepare an request for proposals for police station design services; select a Finance Consultant to prepare a financing proposal for the police facility; approve the creation of a citizen task force to evaluate and make recommendations to the City Council on design and financial issues; direct staff to find out the soonest time this item could be put on the ballot. Motion carried unanimously.

CITIZEN COMMENTS - None

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS 

Councilmember Gomes gave an update on Transplan he said he was advised that the East Contra Costa Fee and Financing Authority are going to have Transplan members go back to their cities and request an additional $4,000 per single-family assessment $5,000 for multi family housing.

Councilmember Gomes gave an update on the Tax Sharing Committee, discussed the concern of the proposed third high school and middle school sites, which is going to be beyond the current Urban Limit Line, the parcel is surrounded on two sides by City Limits. They also spoke about East Diablo Fire District and the six positions for the new station are funded and will be staffed when it opens. 

Councilmember McPoland gave an update on the Agricultural Subcommittee and the meeting regarding transferable agricultural credits.

REQUESTS FOR FUTURE AGENDA ITEMS

Councilmember Young requested items regarding adult businesses downtown, and an item on downtown historical preservation.

Mayor Kidd suggested that this be sent to the Neighborhood Committee for research.

Councilmember Young also requested an item regarding integrated Park and Trail systems.

The Council adjourned to Closed Session at 10:49 p.m.


CLOSED SESSION

Conference with Labor Negotiator pursuant to Government Code § 54957.6
Agency negotiator: Jon Elam; Employee organizations: Brentwood Police Officer Association, Public Works and Miscellaneous Office; Unrepresented employees: City Manager, City Attorney, Department Heads and Mid-Managers

Conference with Legal Counsel – Existing litigation pursuant to Government Code §54956.9(a):
City of Brentwood v. Contra Costa County concerning an amendment to the Contra Costa County General Plan to modify the Urban Limit

The meeting reconvened in Open Session at 11:30 p.m. with no action to report.

ADJOURNMENT – At 11:31 p.m. the City Council meeting was adjourned to Thursday, August 31, 2000 at 7:00 p.m.

Respectfully submitted, Margaret Wimberly, Administrative Assistant

City Administration
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