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

Meeting Minutes

 
CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
Minutes of September 24, 2002

A regular meeting of the City Council of the City of Brentwood was called to order at 6:30 p.m. in the Council Chambers located at 734 Third Street, with Mayor McPoland presiding.
ROLL CALL
Present: Councilmembers, Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland 
Absent: None

The meeting adjourned to closed session at 6:30 p.m. to discuss the following:

Conference with Real Property Negotiators pursuant to Government Code § 54956.9: Trade City owned property located at the NW corner of Grant and Shady Willow for a fire station site and a three-acre youth center. City negotiator: John Stevenson

Public Employee Performance Evaluation pursuant to Government Code §54957.6: - Title: City Attorney

Closed Session adjourned at 7:32p.m.

The meeting reconvened in open session at 7:35 p.m. with Councilmember Beckstrand Absent and no action to report.

PRESENTATIONS 

A. Appointments and Oaths of Office for Youth Commissioners.

Craig Bronzan, Director of Parks and Recreation introduced the four new Youth Commissioners; Ashley Brown, Brea Bryant, Megan Tagerri and Crystal Hammers. Mayor McPoland and Vice Mayor Petrovich presented them with plaques.

B. Recognition of outgoing Youth Commissioners for their service. 

Mayor McPoland recognized Corey Brown, outgoing Youth Commissioner, for her years of service.

C. Proclamation declaring the week of September 23, 2002 as Race Equality Week in the City of Brentwood.

Booker Neal representing the Department of Justice accepted the proclamation and thanked the City of Brentwood for their support. 

D. Shepherd’s Gate and Signature Developers proposed battered women’s shelter. Continued to October 8, 2002 per Agenda Review.

AGENDA REVIEW

PRESENTATION

Item D Pull per staff request. (M. Oshinsky)

CONSENT CALENDAR

Item 7 Revised Ordinance. (M. Oshinksy/E. Nolthenius)
Item 10 Brentwood Partners Agreement. (B. Grewal/P. Eldredge) 
Item 13 Lone Tree Partners Agreement. (B. Grewal/P. Eldredge)

PUBLIC HEARINGS

Item 17 Request to continue. (M. Oshinksy/E. Nolthenius)
Item 18 Request to continue. (B. Grewal/B. Bornstein)

OLD BUSINESS

Item 20 Move item before Consent Calendar per staff request. (C. Bronzan/P. Scherff)
Item 22 Additional Information. (M. Oshinsky)

It was moved/seconded by Hill/Petrovich to add revisions on Items 7, 10 and 13 per staff request. Motion passed by the following vote:

AYES: Councilmembers Gomes, Hill, Petrovich, Mayor McPoland
NOES: None
ABSENT: Councilmember Beckstrand
ABSTAIN: None

CITIZEN COMMENTS - none

Item 20 Discuss and provide staff direction concerning results of the Youth Interest Survey. 

Taylor Brinkman, Asley Brown, Coree Brown, Brea Bryant, Stacie Del Chiaro, Brian Fredenberg, Cynthia Fredenberg, Daisy Hurtado, Jessica Ordaz, Laura Wenograd Megan Tagerri and Crystal Hammers representing the Youth Commission, gave a presentation outlining the Youth Commission Master Plan. The Master Plan is a result of three youth surveys developed to identify the needs of the youth in Brentwood. As a result of the surveys, the Youth Commission will develop programs such as a Job Resource List for Youth 13 to 19 years of age; Teen Crisis/Referral Information and an Open Youth Forum in conjunction with the Police Department.

Mayor McPoland commended the Youth Commission on their efforts and requested a study session with Council, the Youth Commission, and representatives from the Police Department and Parks and Recreation to discuss the results of the survey.

Councilmember Petrovich also commended the Youth Commission of their hard work.

Councilmember Hill stated that the surveyed showed there was a true need to increase community support at the High School level. 

CONSENT CALENDAR

1. Approve Resolution No. 2671 authorizing the City Manager to purchase a 2002 Tymco Model 600 Street Sweeper from GCS Western Power & Equipment for the Street Division at a cost not to exceed $125,450.

2. Approve Resolution No. 2672 authorizing the temporary closure of certain streets and temporarily establishing no parking restrictions and tow away zones in order to facilitate the Brentwood Arts Commission’s inaugural Day in the Park Art and Wine Festival in Brentwood City Park on October 12, 2002 and October 13, 2002. 

3. Approve Resolution No. 2673 the temporary closure of certain streets and temporarily establishing no parking restrictions and tow away zones in order to facilitate Sweeney’s Station 4 Second Annual Firemen’s Fundraiser Benefit for International Firefighters Association Local 1230.

4. Approve Resolution No. 2674 authorizing the closure of certain streets and temporarily establishing no parking restrictions and tow away zones in order to facilitate the 2002 Liberty High School Homecoming Parade to be held October 25, 2002. 

5. Approve Resolution No. 2675 approving a Reimbursement Agreement with Ponderosa Homes II, Inc., for Tentative Subdivision Map No. 8460, located west of Minnesota Avenue and south of Sand Creek Road for costs associated with Master Plan Facility improvements. 

6. Waive second reading and adopt Ordinance No. 720 amending Chapter 14.01, Section 14.01.580 of the Municipal Code pertaining to delinquent accounts. 

7. Waive second reading and adopt Ordinance No. 721 amending the PD-3 Zone by creating development standards for an approximate 10-acre general commercial site known as Balfour Village Center, located at the southeast corner of Balfour Road and Fairview Avenue. 

8. Approve Resolution No. 2676 approving the Final Map of Subdivision No. 8460, Ponderosa Crossroads I, Ponderosa Homes II, Inc., located west of Minnesota Avenue and south of Sand Creek Road, accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same. 

9. Approve Resolution No. 2677 approving an agreement for purchase of a fee parcel with Brentwood Union School District, a California public school district, for a portion of real property identified as APN 019-020-029, generally located south of Lone Tree Way, and on the west side of the future extension of Empire Avenue and adjacent to East Bay Municipal Utility District Aqueduct, hereby accepting real property on behalf of the City, and authorizing the Mayor or City Manager and City Clerk 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.

10. Approve Resolution No. 2678 approving a Reimbursement Agreement with Brentwood Partners, LLC, concerning Subdivision Map No. 8617 located in the Northwest Quadrant for costs associated with over-sizing certain improvements. 

11. Approve Resolution No. 2679 authorizing the Mayor and City Clerk or their designees to execute a Quitclaim Deed, and any documents necessary, to terminate the City’s interest in the Offer of Dedication of a portion of Parcel “C”, as shown on that certain final map entitled “Subdivision No. 8221”, filed July 17, 2000 in Book 421 of Maps, Page 26, in the Office of the County Recorder of Contra Costa County and hereby conveying whatever interest the City may have in that portion of said parcel to Signature Properties. 

12. Approve Resolution No. 2680 awarding the Construction Contract for the Brentwood Boulevard Widening Project, CIP Project No. 336-3054, to Top Grade Construction, Inc.; and authorize the City Manager to execute the agreement and necessary documents in the amount of $1,877,645.70; and grant the City Manager authority to execute change orders up to 10% of the total contract amount. 

13. Approve Resolution No. 2681 approving a Reimbursement Agreement with Lone Tree Partners, concerning Subdivision Map No. 8281 improvements that will contain supplemental width, length, size and capacity 

14. Set the date of October 22, 2002 to hear the appeal of a Planning Commission decision approving Minor Subdivision No. 360-01 and Conditional Use Permit No. 01-24 for Lucia Albers to develop a mixed-use commercial project known as Tri-City Plaza, to be located at the southeast corner of Lone Tree Way and the realigned Fairview Avenue. 

It was moved/seconded by Hill/Gomes to approve Consent Calendar item 1- 14, with additional language on items 7, 10 and 13 per Agenda Review, as recommended by staff. Motion passed with Councilmember Beckstrand absent.

PUBLIC HEARINGS

15. Consideration of an Ordinance approving an amendment to Planned Development Zone No. 35 by adding development standards for Subarea “E” (Tentative Subdivision Map 8556), and a Resolution approving TSM 8556 with the density transition reduction. 

Jeff Zilm, Associate Planner, explained that the developer, Schuler Homes, and the property owner have not been able to settle their difference concerning the easement. Staff is recommending that the application be denied without prejudice. 

Mayor McPoland stated that the exemption on this quadrant ends on December 31, 2002.

Mr. Zilm responded that they are aware of that deadline.

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

It was moved/seconded by Hill/Gomes to deny the application without prejudice. Motion passed with Councilmember Beckstrand absent.

16. Continue to October 8, 2002, consideration of an Ordinance approving a rezone (RZ 01-08) of approximately 46 acres from a combination of R-1-E and R-1-10 to PD-60 and approve a Resolution approving a Tentative Subdivision Map (TSM 8546) subdividing the site into 99 single-family residential lots and two remainder parcels for existing residences, located generally at the southwest corner of Lone Tree Way and the future O'Hara Avenue extension. 

Erik Nolthenius, Associate Planner, explained that on September 10, 2002, Council referred this item to the Housing Subcommittee which will not meet until, September 26, 2002. Mr. Nolthenius requested the item be continued to October 8, 2002.

Councilmember Hill commented that he would not be able to attend the Housing Subcommittee meeting on September 26, 2002.

Mayor McPoland recommended that the entire Housing Subcommittee meeting agenda be postponed until October 3, 2002.

It was moved/seconded by Hill/Gomes to continue the item to October 8, 2002. Motion passed with Councilmember Beckstrand absent.

17. Consideration of an Ordinance approving an amendment to PD-35 establishing development standards for an approximate 81-acre site and approve a Resolution approving a Tentative Subdivision Map (TSM 8603) subdividing the site into 220 single-family residential lots and three remainder parcels for existing residences, located at the southeast corner of the future Grant Street extension and the future Shady Willow Lane extension. 

Erik Nolthenius, Associate Planner, explained that the applicant has requested the item be continued to October 22, 2002.

The Public Hearing was opened.

It was moved/seconded by Petrovich/Hill to continue the Public Hearing to October 22, 2002. Motion carried with Councilmember Beckstrand absent.

18. Consideration of a Resolution approving the establishment of an overlay district for Benefit District No. 4 in the Brentwood Development Fee Program for Subdivision Map No. 8048, Lafferty Homes, located generally within a ¼ mile radius of the intersection of Garin Parkway and Chestnut Street. 

Bailey Grewal, City Engineer explained that the applicant has requested this item be continued to October 22, 2002.

The Public Hearing was opened.

It was moved/seconded by Gomes/Petrovich to continue the Public Hearing to October 22, 2002. Motion passed with Councilmember Beckstrand absent.

19. Consideration of an Ordinance amending Municipal Code pertaining to funding limits for Agricultural Preservation Program Administration.

Mitch Oshinsky, Director of Community Development, introduced the item explaining that the City Zoning Ordinance which establishes the Agricultural Enterprise Program, requires that the loss of prime farmland to urban development be mitigated (as is required by CEQA), by several methods, including payment of an in lieu fee. The in lieu fees paid to the City shall be placed in a trust account and used solely for farmland mitigation purposes. A limited portion, not to exceed 5% of the fees collected, may be used by the City or Land Trust for administrative purposes associated with establishing, monitoring, and managing farmland conservation easements. 

The Land Trust will require the services of a half time administrator to start. As the Trust works to appraise and acquire lands for conservation easements, it will also need the services of appraisers, accountants and attorneys. Eventually, a full time administrator and office assistant may be necessary. The 5% limit on the use of in lieu fees for administrative purposes, places a severe constraint on the ability of the Trust to attract qualified professionals to provide needed administrative services. The trust account currently has a balance of approximately $1.2 million, and has an ongoing funding source, as developers pay their mitigation fees. In addition, the Trust will seek to leverage their funds through the acquisition of grants from public and private sources. 5% of $1.2 million is $60,000. It is estimated that a half time staff person salary and benefits would equal or exceed $60,000. That would leave no balance for necessary attorney, appraiser and accountant services. 

Other programs, such as the Community Development Block Grant Program, allow up to 20% of funds to be appropriated to administration. Rather than short change the ability of the Trust to operate successfully, or divert much needed City funds to make up any shortfall in the operation of the Trust, Council has directed that the limit be increased to 20%. The action before Council tonight is the formal adoption of the amendment to the Ordinance.

The Public Hearing was opened.

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

Mayor McPoland commented that we need to provide the committee with enough resources to operate. He further stated that the Land Trust established by the City has been well received by other communities in the County. 

Councilmember Hill stated that he was against amending the Ordinance but did not want staff to waste any more time on the issue. 





ORDINANCE NO. 722

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING SECTION 17.730.030(2) (AGRICULTURAL LAND MITIGATION REQUIREMENTS) OF THE BRENTWOOD MUNICIPAL CODE.

It was moved/seconded by Gomes/Hill to waive first reading and approve Ordinance No. 722 as recommended by staff. The motion passed by the following vote:

AYES: Councilmembers Gomes, Hill, Mayor McPoland 
NOES: Councilmember Petrovich
ABSENT: Councilmember Beckstrand
ABSTAIN: None

OLD BUSINESS

20. Discuss and provide staff direction concerning results of the Youth Interest Survey. Moved before Consent Calendar per Agenda Review. 

21. Accept the City Hall Needs Assessment Report prepared by the Gibson/Salmon Group and direct staff to prepare a strategy to address interim space needs, and a strategy to plan for the construction of a new City Hall. 

John Stevenson, City Manager, introduced the Needs Assessment Report which was continued from the Council meeting of September 10, 2002. Mr. Stevenson requested that Council accept the Needs Assessment Report and approve a consultant contract to continue the work on the location and size of a new city hall and to orchestrate how to accommodate the needs of the existing employees in the interim.

Councilmember Hill stated that many City staff members are working in an environment that is not as productive as it could or should be and working conditions need to be improved.

Mayor McPoland commented that moving forward at this time is a necessity if we are going to be an efficiently operating City. 

It was moved/seconded by Hill/Gomes to accept the City Hall Needs Assessment Report and direct staff to prepare a strategy to address interim space needs and a plan for the construction of a new City Hall. Motion passed with Councilmember Beckstrand absent.

22. Continued discussion on Temporary Tent Sales. 

Mitch Oshinsky, Director of Community Development, commented that per Council direction on September 10, 2002, local communities have been surveyed with regard to their policy on temporary/tent sales. After surveying those cities, we are finding that they all allow temporary outdoor retail sales with different conditions, terms etc. Mr. Oshinsky outlined the following options for Council consideration:

1. Outdoor retail sales within nonresidential zones only for merchandise customarily sold on the premises by a permanently established business physically located and doing business at the same location as the temporary use. Such sales of merchandise are limited to 4 events per calendar year, not exceeding 4 consecutive days per event. Mr. Oshinksy also stated that in addition to the four previous options, he has added option 2A based on some of the information he gleaned from the last Council meeting. 

2. Outdoor retail sales within nonresidential zones of merchandise not customarily sold on the premises, when such sales are associated with a permanently established business physically located and doing business in the City of Brentwood at a different location than the temporary use. The entity conducting the temporary sale shall dedicate all retail sales tax collected at such sale to accrue to the City of Brentwood. Such sales of merchandise are limited to 4 events per calendar year, not exceeding 4 consecutive days per event.

2A. Outdoor retail sales within nonresidential zones of merchandise not customarily sold on the premises when the sale will be by an existing Brentwood business, or when the sale will be held by an out of town business on a site located in the City of Brentwood (with written permission of the property owner). The entity conducting the temporary sale shall dedicate all retail sales tax collected at such sale to accrue to the City. Such sales are limited to 4 events per calendar year, not exceeding 4 consecutive days per event.

3. Outdoor retail sales within nonresidential zones of merchandise not customarily sold on the premises, when it is determined by the City Council or Council Committee, that the business conducting the sale has provided a significant amenity of community-wide benefit to the City. The entity conducting the temporary sale shall dedicate all retail sales tax collected at such sale to accrue to the City of Brentwood. Such sales are limited to 4 events per calendar year, not exceeding 4 consecutive days per event.

4. Outdoor retail sales within nonresidential zones of merchandise not customarily sold on the premises, when it is determined by the City Council or Council Committee that the business conducting the sale is actively pursuing a bona fide opportunity to do business in the City at a permanent location. The entity conducting the temporary sale shall dedicate all retail sales tax collected at such sale to accrue to the City of Brentwood. Such sales are limited to 4 events per calendar year, not exceeding 4 consecutive days per event.

After some Council discussion Mr. Oshinsky clarified with Council their requested option should include the following points:

• An established business in town
• Doing business where they normally do business
• If the site isn’t necessarily big enough, then they can go to a larger site under a Temporary Use Permit.
• Any requests to use public property should go to Council with the exemption of the Cornfest.

Rob Brandt, Brentwood Business Owner, commented that he is in agreement with option 1. He urged Council to protect local businesses.

Steve Kraut, Tracy Chevrolet/Tracy Daewoo and Tracy Auto Zone in Brentwood, commented that he felt that allowing off-site sales is good for the community. 

Council directed staff to draft an ordinance with the language containing; outdoor retail sales in non-residential zones with merchandise, not customarily sold on the premises when the sale will be by an existing Brentwood business. The entity conducting the temporary sales shall dedicate all retail sales tax collected at such sale to accrue to the City. Such sales are limited to four events per calendar year, not exceeding four consecutive days per event. Outdoor retail sales within non-residential zones for merchandise customarily sold on the premises by a permanently established business permanently located and doing business in the same location as the temporary use. Such sales are limited to four events per calendar year, not exceeding four consecutive days per event. Any requests to use public property should go to Council. City sponsored and/or civic events including but not limited to Cornfest, fairs, festivals, concerts, arts and crafts shows, the snow park, Halloween event, downtown barbeque, and parades are permitted subject to a Temporary Use Permit.

23. Continued discussion on proposed Temporary Tent Sale for Tracy Daewoo. 

Mitch Oshinsky, Director of Community Development, explained that this is the continued discussion regarding a temporary tent sale by Tracy Daewoo, to be held October 24 – October 27, 2002, on the NE Corner of Brentwood Blvd. and Guthrie Lane. Mr. Oshinsky added that since this is not one of the permitted sales based on the last item, staff recommends Council deny the application.

Steve Kraut requested that the application be continued to a future date to allow him to move the sale to his newly acquired company located in Brentwood.

Councilmember Petrovich requested the applicant be refunded and reapply at a later date.

Mr. Oshinsky concurred. 

It was moved/seconded by Gomes/Petrovich to remove the application and refund the application fee. Motion passed with Councilmember Beckstrand absent.

NEW BUSINESS

24. Approve an Ordinance repealing Ordinance No. 709 concerning the rezone of approximately 133.1 acres (RZ 01-14) located north of Lone Tree Way, south of Neroly Road, and east of the Union Pacific Railroad tracks from a mix of Single Family Residential Estate (R-1-E), Single Family Residential (R-1), and Moderate Density Multi-Family Residential (R-2) to Planned Development (PD) 59 and adding Chapter 17.521 to the Brentwood Municipal Code which establishes development standards for six subareas within PD-59 known as subareas “A”, “B”, “C”, “D”, “E” and “F”. 

ORDINANCE NO. 723

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD REPEALING ORDINANCE NO. 709 PERTAINING TO THE REZONING OF REZONED APPROXIMATELY 133.1 ACRES (RZ 01-14) LOCATED NORTH OF LONE TREE WAY, SOUTH OF NEROLY ROAD, AND EAST OF THE UNION PACIFIC RAILROAD RIGHT OF WAY FROM A MIX OF SINGLE FAMILY RESIDENTIAL ESTATE (R-1-E), SINGLE FAMILY RESIDENTIAL (R-1), AND MODERATE DENSITY MULTI-FAMILY RESIDENTIAL (R-2) TO PLANNED DEVELOPMENT (PD 59), AND ADDING CHAPTER 17.521 TO THE BRENTWOOD MUNICIPAL COD WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR SIX SUBAREAS WITHIN PD-59, ALSO GENERALLY KNOWN AS SUBAREAS “A”, “B”, “C”, “D”, “E”, AND “F.

It was moved/seconded by Hill/Petrovich to approve Ordinance No. 723 repealing Ordinance No. 709. Motion passed by the following vote:

AYES: Councilmember Gomes, Hill, Petrovich, Mayor McPoland
NOES: None
ABSENT: Councilmember Beckstrand
ABSTAIN: None

CITIZEN COMMENTS - none

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

Councilmember Gomes commented that he has requested the City Clerk prepare a staff report in support of Measure BB.

Mayor McPoland reported that John Muir is scheduled to make a presentation to Council on their new hospital site at the October 22, 2002 meeting.

Councilmember Gomes reported that there was a transportation workshop last weekend and we are another step closer to bringing eBart out to Brentwood and Byron.

Mayor McPoland reported that we may have some information at the next Council meeting regarding Camino Diablo and Marsh Creek.

REQUESTS FOR FUTURE AGENDA ITEMS - none

ADJOURNMENT

There being no further business the meeting was adjourned at 9:04 p.m.

Respectfully Submitted,



Cynthia Goulding
Deputy 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