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City of Brentwood
Minutes of November 14, 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 McPoland, Petrovich, Young, Mayor Kidd
ABSENT: Councilmember Gomes

PRESENTATION

Mayor Kidd read the Proclamation proclaiming November as Homeless Awareness Month and presented it to Bertha Ruiz. Mrs. Ruiz then thanked the Council and presented them with some literature regarding homelessness.

AGENDA REVIEW

Item No. 26 Correspondence from Robert J. Lozano supporting the acquisition of property to facilitate the widening of Lone Tree Way and realignment of Fairview at Lone Tree Way.

CITIZEN COMMENTS

Diane Lando, East County Horsemen’s Organization, read a poem and stated her support of trails for equestrian use.

Barbara Guise, Tri-Delta Transit, gave an update on Tri-Delta Transit; she stated that there had been an increase in ridership and that new buses are in the process of being built.

CONSENT CALENDAR

  1. Approved Minutes of October 24, 2000.
  2. Approved Second Reading Ordinance No. 651 for Rezone 00-13, creating standards for Outdoor Dining and Merchandise Display uses in the public right of way in the Central Business Zone. 
  3. Approved Second Reading Ordinance No. 652 amending Chapter 8, Section 8.36.30 by adding Section 8.36.30(E) to exempt businesses that include tobacco in its name for advertising restrictions as to its identity signs and commercial center signs.
  4. Authorized the City Manager to enter into a contract in the amount of $220,583.00 with Melloni Construction Company and authorize the purchase of computer wiring, computer equipment and furniture for this expansion at a cost not-to-exceed $100,000. Funding to come from the City Facility Fee Fund. 
  5. Authorized staff to transfer AB 2928 funds for following projects; $110,00 on the Central and Griffith Signal, $20,000 to interconnect the Central/Griffith Signal to the Central and Minnesota Signal, $35,000 towards the reconstruction, restriping, and adjustment of curbs and sidewalks on Second Street, in front of the school and City Park. 
  6. Approved Resolution No. 2187 authorizing the City Manager to enter into an agreement with G & S Paving for annual asphalt maintenance services for an amount not to exceed $60,500. 
  7. Approved Resolution No. 2188 authorizing the closure of certain streets and temporarily establishing no parking restrictions and tow away zones in order to facilitate the 2000 Holiday Parade and Christmas Tree Lighting Ceremony to be held November 25, 2000.
  8.  Approved Resolution No. 2189 authorizing the closure of certain streets and temporarily establishing no parking restrictions and tow away zones in order to facilitate the Sociedad Guadalupana de Brentwood, Immaculate Heart of Mary Church Pilgrimage Parade to held on December 10, 2000. 
  9. Approved Resolution No. 2190 authorizing the transfer of $100,000 from Quimby Act funds to the Trails Development fund (CIP 522-5212) and approve a contract with M.A.T. & Sons Landscape, Inc., the low bidder, to build Summerwood Park trail extension for the amount of $31,110 (plus $5,000 contingencies). 
  10. Approved Resolution No. 2191 adding the Oak and Third Street Improvement Project (CIP Project No. 336-3123) to the 2000/05 Capital Improvement Program, awarding the construction contract for this project and First Street Parking Lot (CIP Project No. 336-3118) to Granite Construction in the amount of $159,895.00, authorizing the City Manager to execute the agreements and necessary documents and granting the City Manager authority to execute change orders up to 10% of the contract amount. 
  11. Approved Resolution No. 2192 accepting the offers of dedication of the street right-of-ways for Empress Lane, Dawn Drive, Legend Lane, Camden Court, Regal Drive, and Fairview Avenue widening, accepting Parcel ‘B,’ accepting public improvements for maintenance (excluding Fairview Avenue landscaping and EBMUD right-of-way landscaping with the soundwall), accepting the subdivision Maintenance Bond and releasing the subdivision Performance and Payment Bonds for Subdivision 8055, Hofmann, located in SPA ”L”, east of Fairview and south of Lone Tree Way. 
  12. Approved Resolution No. 2193 accepting the offers of dedication of the street right-of-ways for Goerke Street, Boltzen Street, Boltzen Court, George Court, and Craig Court, accepting public improvements for maintenance accepting the subdivision Maintenance Bond and releasing the subdivision Performance and Payment Bonds for Subdivision 8138, Signature, located west of Sellers Avenue and south of Chestnut Street. 
  13. Approved Resolution No. 2194 approving an Agreement for purchase of a fee parcel for a trail head (Trail Head Purchase – Centex Development, CIP Project No. 522-5218), with Centex Homes, a Nevada General Partnership, for real property known as Lots 64 & 65 of Subdivision 8066 identified as APN, 010-490-015 & 016, 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.
  14. Approve a Resolution amending Brentwood Boulevard Parking Lot, CIP Project No. 336-3125, to increase the budget by $172,000 to come from the City of Brentwood Redevelopment Agency to finance the remaining estimate for design and construction, and directing the City Engineer to proceed with preliminary design, Planning Commission review, final design and advertise for bid when the design is complete. (Pulled for further discussion.)
  15. Authorized the City Manager to enter into an agreement with Advanced Maintenance Systems (AMS) to serve as the Janitorial service provider for all City owned buildings at a cost of $6,865.00 per month.
  16. Approved Resolution No. 2195 authorizing the City Manager to enter into a license agreement with Cayenta Corporation to acquire an enterprise asset management/computerized maintenance management system (EAM/CMMS) and related services for a sum not to exceed $91,725.00, plus $10,000 contingency.
  17. Authorized the City Manager to sign a joint agreement with the City of Pittsburg to develop and prepare a Foreign-Trade Zone Application at a cost not to exceed $5,000. Funds to come from the City’s Economic Development Budget. 
  18. Approve request from Fred Valverde for a loan for $500,000 to build affordable housing units in downtown. (Pulled for further discussion.)
  19. Authorize the City Attorney to prepare for the Executive Director’s signature, an Option to Purchase Agreement for Agency owned property at 159 Sycamore Avenue. (Pulled for further discussion.)
  20. Approved the addition of the position of Village Drive Program Coordinator to the City’s personnel 2000/01 budget, effective December 1, 2000. Funds to come from the City’s contingency fund. 

Item Nos. 14, 18, and 19 were pulled from the Consent Calendar.

It was moved/seconded by Young/Petrovich to approve Consent Calendar Items 1-13, 15-17 and 20 as recommended by staff. Motion carried unanimously, with Councilmember Gomes absent.

Item No. 14

It was moved/seconded by Petrovich/Young to approve Resolution No. 2196 amending Brentwood Boulevard Parking Lot, CIP Project No. 336-3125, to increase the budget by $172,000 to come from the City of Brentwood Redevelopment Agency to finance the remaining estimate for design and construction, and directing the City Engineer to proceed with preliminary design, Planning Commission review, final design and advertise for bid when the design is complete. Motion carried with Councilmember McPoland abstaining and Councilmember Gomes absent.

Item No. 18 

It was moved/seconded by Petrovich/Young to approve a request from Mr. Fred Valverde (Representing Nanval Inc.) for a loan of $500,000 from the City Housing Fund to build 16 affordable housing units in downtown Brentwood. Motion carried with Councilmember Gomes absent.

Item No. 19 

Robert Sherdel, 905 Rutherford Circle, spoke about his plans for developing the property and gave a visual presentation.

Councilmember Petrovich asked what the price range would be for these homes. Mr. Sherdel stated they would be in the low $200,000’s. 

It was moved/seconded by McPoland/Young to authorize the City Attorney to prepare for the Executive Director’s signature, an Option to Purchase Agreement for Agency owned property at 159 Sycamore Avenue. Motion carried with Councilmember Gomes absent.

PUBLIC HEARINGS

  1. Central Brentwood Annexation protest hearing (LAFC 00-25), the final step in the annexation of 910± acres of unincorporated area surrounded by the north-central portion of the City of Brentwood and generally extending north along the Union Pacific Railroad right of way area to the existing City limits. 

    Mike Leana, Chief of Planning, introduced the staff report. He stated that at the time of the meeting there had been no protest hearing received by the City. He stated that when this item is approved the annexation area would become a part of the City in the next ten to fifteen days. 

    Mayor Kidd opened the Public Hearing.

    Grant Cornelius, 450 Sand Creek Road, asked if this area were still a part of the North Brentwood Redevelopment Area, what City services would be available to him and if there had been an election regarding this.

    Mr. Leana stated that under State law if at least twenty-five percent and less than fifty percent of registered voters in an area to be annexed are against it, then the Council must order an election, and at this time no protests had been filed. 

    It was stated that this area would initially receive police services.

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

    Councilmember McPoland commented that this area is long overdue for the annexation.

    Resolution No. 2197 

    A Resolution of the City Council of the City of Brentwood ordering territory designated as the Central Area Annexation (LAFCO 00-25) annexed to the City of Brentwood.

    It was moved/seconded by Petrovich/McPoland that the full reading of Resolution No. 2197 be waived and that the same be approved as recommended by staff. Motion passed by the following vote:

    AYES: Councilmembers McPoland, Petrovich, Young, Mayor Kidd
    NOES: None
    ABSENT: Councilmember Gomes
  2. Consideration of an Ordinance implementing the Agricultural Enterprise Program. 

    Mitch Oshinsky, Director of Community Development, introduced the staff report. He stated that purpose of the plan is to preserve agricultural lands in the general plan area. The General Plan set aside some land for agricultural conservation. He stated that agriculture provides many local jobs and another benefit is growth management it will maintain an open space buffer, which will prevent urban sprawl to the east and south. He stated that this program is strictly voluntary. This program offers two options for economic benefit if they wish to participate; a farmer can agree to sell a conservation easement based on an independent fair market appraisal; or a farmer can participate in Transferable Agricultural Credits (TAC) and get two credits per acre for farm land transferred to a density bonus development in the City. He stated that the City must mitigate for the loss of prime farmland under State law; and that developers are already paying fees. Under TAC the farmers could sell their agricultural credits to developers. 

    Winston Rhodes, Senior Planner, stated that the existing General Plan includes several policies to protect agricultural land and that some of those are listed in the Ordinance under the whereas’s. He said that the nineteen person Ag. Advisory Committee had met eleven times since September of 1999; the Committee voted seven to six to approve the Committee report and forward it to the Planning Commission and City Council; the Planning Commission voted to recommend approval of the report with changes which were to replace specific references to the farm bureau and substitute it with references to local agricultural organizations, to eliminate the provision for term easements to ensure permanent agricultural land protection, eliminate the sunset clause if voters fail to support a ballot measure for tax payer funding participation. Another change that was recommended by Ag. Committee members, at the Planning Commission meeting, to include direct references to the creation of a recommended land trust.

    Mayor Kidd opened the Public Hearing.

    Len Del Chairo, 532 Sarah Street, stated his opposition to the program, and he felt that it takes away his right to sell his property at a fair market value. 

    Glenn Stonebarger, 1751 Sellers Avenue, spoke in opposition to the program and said he would like it to be sent back to the Committee for further review, he felt that all of the issues he had with the program had been worked out. 

    Mayor Kidd asked why he is recommending that it be sent back to the Committee. Mr. Stonebarger stated that he believes there are a lot of flaws in the program and that he is not willing to give up development rights permanently and that there can be a better plan. Mayor Kidd asked what changes he would recommend; Mr. Stonebarger stated that they are numerous.

    Mark Dwelley, 725 Delta Road, stated his opposition to the proposed ordinance. He feels that there were some good ideas that were coming from the Committee such as transferable Ag. credits and that given more time the Committee could come up with a better plan.

    Mayor Kidd also asked Mr. Dwelley what suggestions he would make to change the Ag. plan. Mr. Dwelley stated that Term Easements program was eliminated, the fee cap, the Ag. credit, he further stated that all the options are not available to all land owners; he would like to have the county commit to participate in the program. He stated his disappointment with the process and said he would like to have it brought back to the Committee for more work. Mayor Kidd asked what suggestions he had that are not in the plan and have not been discussed by the Committee. Mr. Dwelly stated that the items he spoke about earlier are the item that he feels are not incorporated properly into the plan; the option is not available to all farmers and he would like to have a commitment from the County for their participation.

    S. Craig Tucker, Greenbelt Alliance, spoke in favor of the program he stated that this is a voluntary program that could save agricultural land for future generations. 

    Fran Dailey, ECHO, she requested that if this is approved that the term equestrian be included in the definition of agricultural.

    Annette Rains, ECHO, she stated her support of the program she would like more clarification on livestock being part of the Agricultural Plan. 

    Nancy Holloman, 1598 Lone Oak Road, stated her support of the program she felt is protects resources for future generations.

    John Chapman, East Bay Community Foundation, stated support of the program; he feels it protects the diverse agricultural area.

    Al Courschesne, Frog Hollow Farm, spoke in support of the plan he stated he thinks it is good for farmers and good for Brentwood. He said this program would attract more people to this area for activities such as Harvest Time and other U-pick operations.

    Willis Lamm, 2883 Delta Road, stated his support of the program. He felt that the Committee had come up with some innovative ideas that would be a balance between growth and Ag. preservation.

    Paul Corbitt, 1270 Kays Lane, spoke in support of the plan, but said to spend a little more time on the program so that the result is something that everyone would be agreeable with.

    John Viano, Contra Costa County Farm Bureau, stated that at this time the Farm Bureau is in opposition to this plan. He stated that there are too many unanswered questions, their main concern is money, he doesn’t feel there is enough to cover all of the easements. He stated that the City should continue to agriculture in other ways such as the sign ordinance; Ag. runoff; and the support growers and ability to sell goods.

    Bob Nunn, speaking on behalf of Ron Nunn, he stated they are not in support of the program and encourage the City to take some more time with it. 

    Roy Ghiggeri stated he would like the City to have a meeting for farmers to further explain and go over the program. 

    Evelyn Stivers, Greenbelt Alliance stated her support of the program. She stated that she felt that now is the time to institute a program like this.

    Patti Blumen, 2801 O’Hara Avenue, she felt that the City should send the packet out to all of the farmers and let them read it and have the community examine it more closely. 

    Peter Wolfe stated his opposition to the program; he felt that it takes the farmers equity in their land. 

    Jerry Tennant, 1000 Hoffman Lane, Byron, stated that he agreed with a lot of the elements of the plan, the details he doesn’t agree with is that people will have to pay into the program that are developing on non-productive farm land and that there are people living on land that was productive five years ago and they haven’t had to pay into the program.

    Kristie Knoll, 12510 Byron Hwy., stated her support of the Agricultural Enterprise Program.

    Councilmember Young asked staff if the money would be available for farmers if they all decided to take advantage of the program. Mr. Oshinsky stated that the City has already been collecting fees from developers for a number of years; and the State has said they are just waiting for the City to apply for the funds if farmers want to sell there easements to the City. The transferable agricultural credits doesn’t depend on funding from the City, Mr. Oshinsky stated that Developers are eager to participate in the transferable agricultural credits program. 

    Councilmember Young had further questions regarding the discrepancy in types of soil. Mr. Oshinsky answered that the fee only gets applied to those lands that want to develop that are located on productive soils, which are one through four, the City has the soil maps that are done by the State Department of Conservation. The City reviews the soils before they are charged, so if someone has poor soils they are not charged the mitigation fee. 

    Councilmember McPoland felt the County is not in support of this program, as they have not put any money towards it. He feels that the amount of money that is available through the State at this time is not sufficient. Councilmember McPoland also felt there was not clear definition, between open space and agricultural lands, in the program. He felt that some of the action taken by the Planning Commission is questionable and should be resolved by the Ag. Enterprise Committee.

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

    Ordinance

    An Ordinance of the City Council of the City of Brentwood approved the Brentwood Agricultural Enterprise Program and adding Chapter 17.730 to the Brentwood Municipal Code to conserve agricultural land.

    It was moved/seconded by Young/Kidd that the first reading of the Ordinance be waived and that the same be adopted as recommended by staff. Motion failed by the following vote:

    AYES: Councilmember Young, Mayor Kidd
    NOES: Councilmembers Petrovich, McPoland
    ABSENT: Councilmember Gomes

    It was moved seconded by McPoland/Petrovich to send the item back to the Agricultural Preservation Committee for further review. Motion failed by the following vote:

    AYES: Councilmembers Petrovich, McPoland
    NOES: Councilmember Young, Mayor Kidd
    ABSENT: Councilmember Gomes

Council took a break at 9: 20 and reconvened at 9:38 p.m.

  1. Consider a application of Ralph Strauss to rezone an approximately 36.33 acre site from PEC (Planned Employment Center) to PD-47 (Planned Development Forty Seven) creating three (3) subareas, and adding Chapter 17.502 to the Brentwood Municipal Code, which establishes development standards including drive-thru uses, for Subarea “A” of the PD-47 Zone located west of Walnut Boulevard and south of Kirkman Road. 

    Jeff Zilm, Associate Planner, introduced the staff report.

    Ralph Strauss, SDG Architects, spoke regarding the project he stated that the drive-thru lane was initially left out of the ordinance he requested Council approval of this project.

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

    Ordinance No. 645

    An 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 established standards for PD-47 (APN: 010 550 070).


    It was moved/seconded by Petrovich/McPoland that the first reading of the Ordinance No. 645 be waived and that the same be passed as recommended by staff. Motion passed by the following vote:

    AYES: Councilmembers McPoland, Petrovich, Mayor Kidd
    NOES: Councilmember Young
    ABSENT: Councilmember Gomes
  2. 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. 

    Mr. Zilm introduced the staff report.

    Roger Miller, Pulte Home Corporation, stated that this is something that had been done in the City previously and these lots are larger. The second story bonus room would be an option and would not affect all homes. 

    Councilmember McPoland asked if there was something in the CC&R’s to keep the apartments above the garage from being rentals. Mr. Miller answered that there was nothing specific about rentals. There was further discussion regarding lot size and Mr. Miller stated that the average lot size was 9300 square feet. There was discussion about the use of the rooms as rentals and what could be done to keep that from happening. 

    Mayor Kidd opened the Public Hearing. 

    Karen Rogge, 2321 Windy Springs, asked if any of the lots would back up to existing residents, and how that would affect the surrounding property owners.

    Mr. Zilm explained the differences in the flooring plans for the homes.

    Councilmember McPoland asked if those property owners had been notified. Mr. Zilm said that all the surrounding property owners had been notified of the meeting.

    After a brief discussion Councilmember Young suggested that this item be continued to the next meeting. 

    It was moved/seconded by McPoland/Petrovich that this item be continued to November 28, 2000. Motion carried with Councilmember Gomes being absent.
  3. Consideration of a Resolution adopting the 2000/01 Cost Allocation Plan, and the DMG-Maximus report for computing fees for City Services and revising the City’s Service Fees. 

    Pam Ehler, Acting Finance Director, introduced the staff report. She stated that DMG-Maximus and Jodi Fehl, Accounting Assistant, had worked with each department to figure out the various fees and charges. Tom Moore, DMG-Maximus, gave a brief overview of the fee study. 

    Mayor Kidd opened the Public Hearing

    Mike Harris, Palm Court, inquired what the dollar figures were and if they were going to go up. Staff gave him a copy of the report.

    Ms. Ehler stated that this is not a full cost recovery, but rather about an eighty-percent 

    There was discussion about how the fees and charges were arrived at. Mr. Oshinsky stated that they tried to keep the fees for smaller projects lower. There being no one else wishing to speak the Public Hearing was closed

    Resolution No. 2198

    A Resolution of the City Council of the City of Brentwood adopting the 2000/01 Cost Allocation Plan, adopting the DMG-Maximus Report for computing fees for City services and revising the City services fees. 


    It was moved/seconded by Petrovich/McPoland that the full reading of Resolution No. 2198 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

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

NEW BUSINESS

  1. Approve a 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), 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 talked about the future need put infrastructure in place for future development in that quadrant.

    There was discussion about the future plans for the intersection of Lone Tree Way and Fairview Avenue. 

    Velma Lopez, 6910 Lone Tree Way, thanked City staff for the work they have done and the way she has been treated. 

    Councilmember McPoland requested additional supporting documentation for the project.

    It was moved/seconded by McPoland/Young to continue this item to the November 28, 2000, City Council meeting. Motion passed by the following vote: 

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

CITIZEN COMMENTS

Karen Rogge, 2621 Windy Springs, asked that the residents in the Lone Tree Way/Fairview Avenue area be informed about what work will be done in that area when it is approved. 

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

Councilmember Petrovich announced the holiday food basket giveaway would be held on December 16, 2000.

REQUESTS FOR FUTURE AGENDA ITEMS

Councilmember Young requested an item for a ballot measure regarding the Ag. Enterprise Program and an item on the televising of Council meetings.

There being no further business the meeting was adjourned at 10:26 p.m. to November 28, 2000 at 7:30 p.m.

Respectfully submitted, Margaret Wimberly, Administrative Assistant II 

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