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Current Council Agenda and Past Meeting Information

City of Brentwood
Minutes of November 28, 2000

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

ROLL CALL

PRESENT: Councilmembers Gomes, McPoland, Petrovich, Young, Mayor Kidd
ABSENT: None

AGENDA REVIEW

Item No. 7     Revised payment schedule.

Item No.13     Letter from Albert D. Seeno Construction Co. requesting continuance of the public hearing.

Memo from Engineering responding to the Seeno letter.

CONSENT CALENDAR

Approve Minutes of November 14, 2000. (Pulled for further discussion)

Rejected claim presented by Cathy Canion as recommended by the City’s third-party insurance adjuster, Contra Costa County Municipal Risk Management Insurance Authority and the City Attorney. 

Approve second reading and adopt Ordinance No. 645 approving the 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 which establishes Development Standards for Subarea “A” of PD-47 Zone. (Pulled for further discussion)

Approved the contract with Cole Supply Company to supply janitorial paper and supplies in the amount of $28,537.80 per year. 

Authorized the City Manager to execute an agreement for an amount not to exceed $271,000 between Electrical and Control System Engineering Inc., and the City of Brentwood to provide design, biddable contract documents and services during construction for the Water Distribution Telemetry/SCADA System, CIP Project No. 562-5620, and authorize the City Manager to execute change orders up to 10% of the contract amount. 

Approved Resolution No. 2199 updating the list of designated employees required to file Conflict of Interest forms, repealing Resolution No. 98-161 and adopting of the Fair Political Practices Commission (FPPC) Conflict of Interest Code. 

Approved the amendment to the Subdivision Improvement Agreement (Subdivision 8310) to include a portion of the realigned Concord Avenue consisting of approximately 300 linear feet of roadway, traffic signal and utilities. 

Approved Resolution No. 2200 repealing Resolution No. 83-2, deleting the Attendance at Conferences and Meetings Policy, and adopting a new Travel/Expense Policy No. 20-4. 

Approved Resolution No. 2201 approving the Final Map of Subdivision 8226 (Pulte Homes) located north of Lone Tree Way and east of O’Hara Avenue, accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same. 

Approved the amendment to the Subdivision Improvement Agreement (Subdivision 8221) to include the Chestnut Street soundwall including approximately 765 linear feet of wall along the south side of Chestnut Street.

Authorized the City Attorney to draft a resolution setting compensation levels for the Planning Commission and Park & Recreation Commission. 

Item Nos. 1 and 3 were pulled from the Consent Calendar 

It was moved/seconded by Petrovich/McPoland to approve Consent Calendar items 1,2, 5-11. Motion carried unanimously.

Item No. 1

It was moved/seconded by McPoland/Petrovich to approve the Minutes of November 14, 2000. Motion carried with Councilmember Gomes abstaining.

Item No. 3

It was moved/seconded by Petrovich/McPoland to waive second reading and adopt Ordinance No. 645 approving the 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 which establishes Development Standards for Subarea “A” of PD-47 Zone be approved as recommended by staff. Motion carried with Councilmember Young voting no.

PUBLIC HEARINGS

Consideration of an Ordinance amending Planned Development No. 29 Subarea ‘A’ development guidelines to allow for the construction of a second story bonus room over the first story detached garage on 43 lots within Subdivision Nos. 8226 and 8402 and to allow the second story bonus room to exceed the 15 foot maximum height limit, by 10 feet, located north of Lone Tree Way, east of O’Hara Avenue and west of Anderson Lane. 

Jeff Zilm, Associate Planner, introduced the staff report and gave a visual presentation to Council.

Councilmember Young asked if any lots would back up to the project and how it would affect the surrounding property owners. Mr. Zilm stated that the lots that are affected are 14 lots total.

Roger Miller, Pulte Homes, stated that the bonus room option would only be available on forty-two lots. He felt that not all buyers would choose the kitchen as an option for the bonus room. 

There was discussion about the faux window in the rear of the bonus room. Mr. Miller also stated that the Planning Commission required that the roof be changed to a hipped roof.

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

There was discussion about the possibility of the bonus room being a rental unit. Dennis Beougher, City Attorney, stated that Pulte Homes could have CCR's that would require one of the units be owner occupied. Councilmember Petrovich asked if the owner moved to another home would he be able to rent out the house and bonus room. Mr. Beougher stated that it could be rented to one family. 

Ordinance No. 653

An Ordinance of the City Council of the City of Brentwood to amend the Planned Development No. 29 Subarea “A” Development guidelines establishing development standards for the schemes “B: and “C” detached garages within Subdivision Nos. 8226 and 8402, located North of Lone Tree Way, East of O’Hara Avenue and West of Anderson Lane filed by Pulte Homes. 

It was moved/seconded by Gomes/Petrovich that the first reading of Ordinance No. 653 be waived and that the same be adopted as recommended by staff with wording to be included in the developers Conditions Covenants and Restrictions stating that one unit be owner occupied. Motion passed by the following vote:

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

Consideration of a Resolution revising development fees to fund public facilities (City of Brentwood 2001 Development Fee Program), authorizing the roadway and park fees to be based on the 2000/05 Capital Improvement Program and repealing Exhibit A (City of Brentwood 1999 Development Fee Program) of Resolution No. 99-179 and 99-212, and amending Master Fee Resolution No. 2198. 

John Stevenson, City Engineer, introduced the staff report

Mayor Kidd opened the Public Hearing.

Ron Rives, Seeno Construction, requested Council continue this item so that his client could have more time to review the fees.

Councilmember McPoland felt that it was necessary to adopt the fees, but expressed concern that the Park and Recreation Commission had not looked at the Quimby Fees. 

Mayor Kidd asked the City Engineer if his department had met with the Home Builder Association; Mr. Stevenson said they had not, but that it had been sent out to them. 

Resolution No. 2202 

A Resolution of the City Council of the City of Brentwood Revising Development Fees to fund public facilities and repealing Exhibit A (City of Brentwood 1999 Development Fee Program) of Resolution 99-179 and 99-212 and amending Resolution No. 2198.

It was moved/seconded by McPoland/ Young that the full reading of Resolution No. 2202 be waived and that the same be adopted excluding the Quimby Fees, which were referred to the Park and Recreation Commission for further review. Motion carried by the following vote: 

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

Consideration of an Ordinance amending Chapter 17.640 of the Brentwood Municipal Code relating to the use of ‘A’ frame signs throughout the City. 

Mike Leana, Chief of Planning introduced the staff report.

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

Ordinance No. 654

An Ordinance of the City Council of the City of Brentwood amending Chapter 17.640 of the Brentwood Municipal Code by establishing standards for the use of portable signs

It was moved/seconded by McPoland/Petrovich that the full reading of Ordinance No. 654 is waived and that the same be adopted on first reading as recommended by staff. Motion passed by the following vote:

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

OLD BUSINESS

Approve Resolution adding the Northwest Quadrant Infrastructure to the 2000/05 Capital Improvement Program, directing the City Engineer to initiate right of way acquisitions in order to widen Lone Tree Way and realign Fairview at Lone Tree Way, directing the City Engineer to initiate discussions with the development community to develop a Capital Improvement Financing Program (CIFP 2001-1) to assist in financing the required engineering and infrastructure to support the anticipated commercial development in this quadrant of the City, directing the City Engineer to hire a consultant to assist the City in developing environmental mitigation measures for this and other City infrastructure and, if possible, develop a mitigation bank to keep environmental mitigation expenditures within the City limits of Brentwood or immediately adjacent, to the maximum extent possible. 

Mr. Stevenson introduced the staff report. He stated that with the amount of traffic on Lone Tree Way the City wouldn’t be able to build in the northwest quadrant unless some infrastructure improvements are made. He stated that Engineering had received one comment of concern. 

Councilmember Young asked if the City was going to move four residences and buy them out of their properties. 

Mr. Stevenson said that there are a number of properties in that area and that they have had a number of conversations with the property owners. Councilmember Young said he felt that it couldn’t just be done at any cost. Councilmember Young asked what is the worst-case scenario would be. Mr. Elam stated that the City couldn’t approve development if there was not the infrastructure in place. Vice Mayor Gomes stated that Antioch is going to develop their portion of Lone Tree Way to six lanes, which will funnel down to two lanes in Brentwood. Mr. Stevenson said that the City has met with Antioch. 

There was discussion about different developments that may be being built on Lone Tree Way, and the traffic that this will create.

There was discussion about the total property that is to be purchased and if the additional property can be sold after the road is widened. Mr. Stevenson stated that the City may be able to recapture. $300,000 - $400,000.

George Kellner, represents Horace & Noreen Siino, stated that the realignment of Fairview Avenue would go right through his client’s property. He felt that there should be other options explored before the Council agreed to the realignment of Fairview Avenue. 

Resolution No. 2203

A Resolution of the City Council of the City of Brentwood adding the Northwest Quadrant Infrastructure Project to the 2000/05 Capital Improvement Program, directing the City Engineer to initiate discussions with the Development Community to develop a Capital Improvement Financing Program (CIFP 2001-01) to assist in financing the Engineering and Infrastructure to support the anticipated commercial development in this quadrant of the City, directing the City Engineer to hire a Consultant to assist in Environmental Mitigation Projects including Establishing a Brentwood Mitigation Bank, and directing the City Engineer to initiate right of way acquisitions to facilitate the ultimate widening of Lone Tree Way and Fairview Avenue.

It was moved/seconded by Gomes/McPoland that the full reading of Resolution No. 2203 be waived and that the same be adopted as recommended by staff, excluding the realignment of Fairview Avenue as recommended by staff. Motion passed by the following vote: 

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

Agricultural Enterprise Program Potential Reconsideration and/or Ballot Measure. F 

Mr. Oshinsky introduced the staff report. He outlined the following three options for Council's consideration: 1. Reconsider adoption of the Program as recommended on November 14th, and direct staff to return to Council for a new public hearing at the earliest possible Council meeting; or 2. Reconsider the Program, and first continue discussions with farmers on their concerns, prior to returning to Council for adoption, and/or 3. Direct staff to prepare language for placing the Program on a future election ballot.

Councilmember Young stated that he is not opposed to letting the Committee continue its work, but feels the document is a good one. 

Councilmember McPoland stated his support of option two. 

Councilmember Petrovich said he had spoke with farmers and felt they were not in favor of the program at this time, that they had wanted it sent back to the Committee for further consideration. 

Mayor Kidd stated if it went back to Committee he would like to have a date certain when it would return to Council.

Bill Hill, 3306 Balfour Road would to see some alternatives explored.

It was moved/seconded McPoland/Gomes to reconsider the Program, and continue discussions with farmers on their concerns, prior to returning to Council for adoption by July 1, 2001. Motion carried unanimously.

Council took a break at 9:00 p.m. and reconvened at 9:05 p.m.

NEW BUSINESS

Approve a Resolution adding the Sunset Industrial Complex to the 2000/05 Capital Improvement Program, directing the City Engineer to hire a consultant to design the necessary plans and maps to facilitate the industrial complex construction, directing the City Engineer to remove portions of the apple orchard with the exception of a screening buffer. Approve a Resolution adding the Sunset Industrial Complex to the 2000/05 Capital Improvement Program.

Resolution No. 2204

Resolution of the City Council of the City of Brentwood adding the Sunset Industrial Complex to the 2000/05 Capital Improvement Program, directing the City Engineer to hire a consultant to design the necessary plans and maps to facilitate the Industrial Complex Construction, the City Engineer to remove the majority of the apple orchard with the exception of a screening buffer of trees, directing the City Engineer to advertise and bid the project and return to Council for award to the construction contract at the appropriate time, directing the Economic Development Director to initiate an advertising campaign and if necessary hire a consultant to assist in that effort, and directing the Finance Director to fund these function to the maximum extent allowable by law through the use of Redevelopment Funds. 

It was moved/seconded by Petrovich/McPoland that the full reading of Resolution No. 2204 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

Consideration of request by Councilmember Young to cable broadcast City Council Meetings 

City Manager Elam stated that Councilmember Young requested this item. Mr. Elam also stated that AT& T Broadband would broadcast the meetings, but they would need to be prerecorded.

There was discussion about the various methods that could be used to broadcast Council meetings including, web-cast, prerecording and live television.

Councilmember Petrovich felt that ongoing costs would be an issue. 

Council referred the issue to the Telecommunications Subcommittee.

Consideration of an agreement with Contra Costa County to lease property on Sunset Road for an Interim Public Works Facility.

City Manager Elam introduced the staff report. 

There was discussion of the County’s need for a facility in this area. 

Council directed the City Attorney to prepare a lease between Contra Costa County and the City for the property located on Sunset Road.

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

Councilmember Petrovich announced that the annual food basket giveaway would be held on December 16, 2000, at Brentwood Elementary.

Councilmember Gomes announced that the groundbreaking ceremony for the new fire station would be held on Friday, December 1, 2000, at 3:00 p.m. and that segment two of the Highway 4 bypass is scheduled to open March of 2001.

REQUESTS FOR FUTURE AGENDA ITEMS

Mayor Kidd requested an update on the History book that the Council contributed funds to. He also requested an item regarding the security of the Council Chambers.

Councilmember Young requested an item on integrated trail systems.

There being no further business the meeting was adjourned at 9:26 p.m. to December 7, 2000, at 7:00 p.m.

Respectfully submitted, Margaret Wimberly, Administrative Assistant II

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov