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BRENTWOOD CITY COUNCIL
Minutes of January 11, 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 located at 734 Third Street, Brentwood, California, with Mayor Kidd presiding.

ROLL CALL:

Present:                  Councilmembers Gomes, McPoland, Petrovich, Young and Mayor Kidd. 

Absent:                  None.

OTHERS PRESENT:  City Manager Elam, City Clerk Diaz, City Engineer Stevenson, Community Development Director Oshinsky, Parks & Recreation Director Bronzan and City Attorney Anderson.

PRESENTATIONS:

A.            Introduction of new Police Department personnel.

Police Chief Shaw introduced and welcomed to the Police Department Victoria Olan, Dianna Szentkiralyi and Michael Homa.

B.        Natalie Miladinovich, Field Representative for Congresswoman Ellen Tauscher

Natalie Miladinovich gave a brief update of Congresswoman Ellen Tauscher’s current activities and projects.

City Manager Elam introduced Leonard Rodman who will be serving as Brentwood’s Branch Librarian.

AGENDA REVIEW:

Item No. 3:            Pull from the agenda.  (This item will be rescheduled)

Item No. 6:      Letter from Diablo Estates Owner’s Association dated May 19, 1998 concerning petition to terminate services and billing for LLD-4.

Item No. 8:      Memo from Craig Bronzan concerning the Skate Park Task Force recommendation to sign a contract with Land Image for architectural services for the design of the Skate park.

Item No. 9:      Memo concerning the subcommittee’s recommendation to appoint Thonda Berry and Scott Shepherd to the Parks and Recreation Commission.

 Item No. 10:    Memo concerning the subcommittee’s recommendation to appoint Michael Kerchner and Berchard Shipley to the Planning Commission.

Motion to add the following item to the agenda on the basis that the item came to the attention of staff after the agenda was posted (Government Code §24954.23(b)(2):  Closed Session – Conference with legal counsel – anticipated litigation significant exposure to litigation pursuant to Government Code §54956.9(b) One Case.

M/S/C/U Petrovich/Gomes to add this item to the agenda.

 CITIZEN COMMENTS:

 WES TILTON, 1875 Pheasant Run Terrace, stated his appreciation to the City for taking action in allowing legal egress to his property, per his earlier request.

 KEITH FLASHBERGER, 135 Beverly Place, requested that the Liberty Union High School’s football field be constructed as a multiple use facility, in order that several other types of sporting activities could be accommodated.  Mayor Kidd requested that this item be agendized and discussed at the Park Subcommittee meeting on January 14. 

  ANNETTE BECKSTRAND, 1057 Twinbridge Court, Chairman of the Brentwood Advisory Neighborhood Committee, stated her appreciation for support given by the City Staff and City Council for 1999 City Christmas activities. 

  BARBARA GUISE, 189 Sherwood, representing Tri-Delta Transit, stated that due to an earlier misunderstanding she wanted to clarify that Tri-Delta Transit spent $900,000 on three (3) trolley buses for the City of Brentwood.  Secondly, she noted that Tri-Delta Transit recently authored a Resolution that would be presented to Transplan, in regards to all surface transportation issues.

  STEVE YOUNG, 700 Bellmeade Way, felt that as a body, the City Council should provide a balanced and representative voice to the community, and that it be run as a democratic process providing equality of this representation. 

  MICHELLE JOGOPULOS, 38 Foxtail Court, questioned why there were three (3) Councilmembers present at her interview for the Planning Commission, and asked if this was a violation of the Brown Act.  Further, that due to the presence of three (3) Councilmembers, she questioned if this meeting should have been publicly noticed.

  CONSENT CALENDAR:

 1.            Approval of Minutes of December 21 and 28, 1999.

 2.            Approval of Warrant Nos. 47660 through 48072.

 4.            Approval of Resolution No. 2000 setting March 28, 2000 as the date for a joint public hearing on proposed Amendment No. 4 to the Brentwood Redevelopment Plan Project; and proposed Amendment No. 2 to the North Brentwood Redevelopment Plan Project; and the Negative Declaration relating thereto.

M/S/C/U Petrovich/Gomes approving Consent Calendar Item Nos. 1, 2 and 4.

PUBLIC HEARING:

5.      Appeal of Planning Commission’s denial to modify the adopted sign criteria for the former Lucky’s shopping center located at Balfour Road and Walnut Boulevard.

Community Development Director Oshinsky gave a brief introduction of the Staff Report.

Don Young, Northern California Facilities Maintenance Manager for Albertson’s, requested that the City Council overrule the Planning Commission’s decision concerning the color of the lettering for the Albertson’s store sign.  He further explained additional details of the project and presented photographs that depicted signs of other adjacent businesses that were not red.

Mayor Kidd opened the public hearing.

Cathy Griffin, 386 Pecan, asked where the sign would be located within the vicinity of the store location.

M/S/C/U Petrovich/Gomes to close the public hearing.

M/S/C Petrovich/Gomes overruling the action of the Planning Commission by approving the appeal.  NO:  Councilmember Young

NEW BUSINESS:

6.                  Consideration of request from Diablo Estates Homeowners Association to assume responsibility of a fence that abuts their property at Chambers Circle.

City Manager Elam gave a brief introduction of the Staff Report, and noted that a letter was added to this item, per the agenda review.  City Engineer Stevenson further spoke to Lighting and Landscaping Districts (LLD’s).

WILLIAM J. NEWLOVE, 1788 Pheasant Run Terrace, Management Agent for Diablo Estates Homeowner’s Association, explained that the Association in 1988 elected to assume the liability and financial responsibility of maintaining the common areas that are contained under the Diablo Estates LLD guidelines.  He further noted that the Association has since attempted to upgrade certain maintenance items, but noted that the existing wood fence was a high maintenance item.  Under the existing LLD, it was Mr. Newlove’s belief that the Diablo Estates was charged for, but had not received, any street lighting on San Jose.  Further, there was considerable litigation involved in obtaining right of way to complete the storm drain system, that since has been constructed and covered up.

Mr. Newlove stated that each homeowner has contributed to date, $3,520, and felt this cost was a substantial burden on the part of the homeowner’s who want to replace the wood fence with a masonry fence that they felt would meet the City’s present criteria for perimeter fencing.  He felt it would be a win-win situation if the City were to help share in the cost of the replacement of the fence, and that the homeowner’s would be relieving the City for the liability of ongoing maintenance issues, under the existing LLD. 

Mr. Newlove appealed to the City to consider this request, and believed that this would bring the community and subdivision up to local standards. 

Councilmember Petrovich requested that this item be continued for two (2) weeks for further research.  The remaining Councilmembers agreed.

M/S/C/U Petrovich/Gomes to continue this item to the meeting of January 25.

7.                  Presentation concerning the bridge at Sunset Road.

City Engineer Stevenson provided an update to the City Council on the status of the development of a new bridge crossing at Sunset Road.

  Councilmember McPoland felt that several issues needed to be addressed and suggested that this item be brought before the CIP Subcommittee for further discussion.  The Council concurred.

  8.                  Authorize the City Manager to execute a professional service agreement, not to exceed $30,000.00 for architectural services for design of City of Brentwood Skate Park.

Parks & Recreation Director Bronzan gave an overview of the Staff Report.

  M/S/C/U Gomes/McPoland authorizing the City Manager to execute a Professional Service Agreement with Land Image Landscape Architects not to exceed $30,000 for architectural services for design of a City of Brentwood Skate Park.

9.                  Appointments to the Parks and Recreation Commission.

Mayor Kidd recommended the confirmation of Parks & Recreation Commission appointments of Jan Melloni and Karen Rarey for a three (3) year term, and Lanny Brown for a two (2) year term.  He also recommended that Scott Shepherd be nominated for a two (2) year term, and that Ronda Berry be appointed to a one (1) year term.

M/S/C/U approving the Parks & Recreation Commission appointments of Jan Melloni and Karen Rarey for a three (3) year term, Lanny Brown for a two (2) year term and approving the new appointments of Scott Shepherd for a two (2) year term and Ronda Berry for a one (1) year term.

10.                Appointments to the Planning Commission.

Vice Mayor Gomes recommended that Michael Kerchner and Berchard (Ray) Shipley be appointed to the Planning Commission.  Councilmember McPoland agreed with Vice Mayor Gomes and further commented on the recommendation.

Councilmember Young stated that it was his own personal observation that other candidates with other types of experience be considered for future appointments.

M/S/C Gomes/McPoland approving the recommendation that Michael Kerchner and Berchard Shipley be appointed to the Planning Commission.  ABSTENTION:  Young

CITIZEN COMMENTS:

JIM ALVES, Planning Commission Chairman, expressed his appreciation for the support and continued efforts of past Planning Commissioners Jogopulos and Putman.

CITY MANAGER REPORTS:            None.

INFORMATIONAL REPORTS FROM COUNCILMEMBERS:

Mayor Kidd commented on a time capsule being sponsored by the Liberty Union High School.

Councilmember Petrovich announced that the Cornfest 2000 meeting would be held on January 12.

REQUESTS FOR FUTURE AGENDA ITEMS:

Mayor Kidd requested that recent ABAG numbers be placed on a future agenda.

Councilmember Young requested that the issue of a moratorium for residential be placed on a future agenda. 

CLOSED SESSION:

Conference with legal counsel – anticipated litigation significant exposure to litigation pursuant to Government Code §54956.9(b) one case.

No reportable action.

ADJOURNMENT:

There being no further business, the City Council adjourned at 9:10 p.m. to January 19, 2000 at 6:30 p.m. in the Council Chambers, 734 Third Street, Brentwood.

Respectfully Submitted,

Debra Lawson

City of Brentwood

Minutes Clerk

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