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Current Council Agenda and Past Meeting Information

of January 25, 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.


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

ABSENT:            None.

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

Public Works Director Thom Head gave a slide presentation on proposed street tree maintenance activities in the downtown area.

Councilmember McPoland requested that this item be brought back for further direction.

Gabrielle Tetreault, Esq., 234 Oak Street, Suite 4-1/2, Brentwood, representing Helen Meyers, a Brentwood business property owner, informed the Council that a pedestrian was recently injured by a street tree located in front of a Brentwood business.  She noted that the City had informed this person that they were not liable for this injury and that the injured individual should forward their concerns to the business owner at the location where the injury occurred.  Ms. Tetreault felt that the business owner should not be lawfully responsible for this incident, as well as the street tree, and noted City of Brentwood Ordinance 593 that affects any and all tenants leasing space from property owners.  She requested that the City reconsider their position regarding shifting the liability to property owners with injuries caused by trees, or secondly that the City consider Ordinance 593 in its entirety.

Ronald Radison, 741 Heather Place, stated his support of Councilmember Young’s position on controlled growth issues. 

Joel Garcia, 365 Essex Drive, stated his support of Councilmember Young’s position on growth issues.

Michael Asbill, 757 Heather, spoke in support of Councilmember Young’s efforts regarding growth control within community.

Ken Portue, 75 Windmill Court, requested the support of the City Council in sponsoring the King & His Court Sponsorship.

Barbara Bonnickson, 613 Second St, expressed concern to the City taking down any trees within the downtown area and requested that they look into attempting other measures to save the trees, in terms of a possible health program. 

David Yoder, 2205 Newton Drive, stated that he was representing various Richmond American Homeowners who have expressed concerns to their newly constructed homes which have leaking roofs, drainage and structural issues.  Mr. Yoder asked what direction the homeowners could take in regards to these concerns.

Bill Brandt, 1856 Pheasant Run Terrace, requested that Item No. 12 be delayed to a date uncertain.

Councilmember McPoland pulled Item No. 3, Vice Mayor Gomes pulled Item No. 4, Councilmember Young pulled Item Nos. 7 and 8, and Mayor Kidd pulled Item No. 9.


1.            Approval of Minutes of January 11, 2000.

2.            Approval of Warrant Nos. 48076 through 48312.

5.            Authorize the City Manager to submit an application to the Great Valley Center for 2000 LEFACI Grant Funds.

6.            Approval of Resolution No. 2001 establishing classification description, salary range, and budget amendment for the City Attorney position.

10.            Approval of Resolution No. 2002 authorizing the closure of certain streets and temporarily establishing no parking restrictions and tow away zones to facilitate the Chamber of Commerce Cornfest 2000 on July 7-9, 2000.

11.            Authorize the Manager to submit an application to the Great Valley Center for 2000 LEGACI Grant funds for development of a master plan for areas of enhancement along Marsh Creek.

M/S/C/U Petrovich/Gomes approving Consent Calendar Item Nos. 1, 2, 5, 6, 10 and 11.

3.            Approval of a resolution authorizing the City Manager to sign an agreement for the purchase of a Jet Cleaner/Vacuum Truck from Aquatech for $199,847.04.

In responding to Councilmember McPoland, Public Works Director Head explained the vactor truck’s current maintenance issues and existing capabilities, and stated that he felt that a new vactor truck would provide a higher productivity for sewer collection system cleaning.

M/S/C/U McPoland/Petrovich approving Resolution No. 2003 approving the purchase of a new vactor truck for the wastewater enterprise to Aquatech and authorize the City Manager to execute the agreement and necessary documents to purchase a 2000 Aquatech Model B10 and Sterling cab and chassis in the amount not to exceed $199,847.04.

4.            Appointment of Dafne Swisher, Alfredo Zamora, Steve Padgett and Tina Raminrez to the Brentwood Advisory Neighborhood Committee (B.A.N.C.) for terms set to expire January 1, 2003.

Upon the request of Vice Mayor Gomes, Annette Beckstrand, Chairman of  B.A.N.C., introduced to the Council Tina Ramirez as a newly appointed Brentwood Advisory Neighborhood Committee member, and noted that Dafne Swisher, Alfredo Zamora and Steve Padgett were also new appointed members, but were absent.

M/S/C/U Gomes/McPoland to appoint Dafne Swisher (Walnut Woods), Alfredo Zamora (Southwood Homes), Steve Padgett (Hawthorne Landing) and Tina Ramirez (Creekside) to the Brentwood Advisory Neighborhood Committee (B.A.N.C.) for terms set to expire January 1, 2003.

7.            Appoint Dennis Beougher to the position of City Attorney.

Councilmember Young stated that he did not have a level of comfort in the process the Council performed in hiring a new City Attorney, and felt that a cost analysis should have been performed.  He commended City Attorney Anderson for the job he had performed for the City, and noted his abstention from this item due to his concerns.

M/S/C Gomes/Petrovich to appoint Dennis C. Beougher as the Brentwood City Attorney effective February 1, 2000 at Step C of the salary range for the City Attorney classification.  ABSTENTION:  Councilmember Young.

8.            Terminate the agreement with McDonough, Holland and Allen for legal services.

M/S/C Petrovich/Gomes to terminate the agreement under provisions of the agreement which provide a sixty (60) day written notice as outlined in Section 6 of the attached agreement.  ABSTENTION:  Councilmember Young

9.            Appoint Larry Shaw, Chief of Police to fill the uncompleted term to Tri-Delta Transit through December 31, 2000.

Mayor Kidd pulled this item for the benefit of Barbara Guise.

Barbara Guise, Sherwood Drive, spoke to a past City Council appointing a Police Chief to the Tri-Delta Board, and stated her full support of this appointment.

M/S/C/U McPoland/Gomes to appoint Larry Shaw, Chief of Police to fill the uncompleted term to Tri-Delta Transit through December 31, 2000.


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

This item was pulled at the request of the Homeowner’s Association.

13.            Discuss and consider the purchase of portable bleachers.

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

Barry Margussen, Parks & Recreation Department, distributed an outline that described the proposed portable bleachers, and elaborated on its contents. 

Councilmember McPoland commented that the portable bleachers could be used for other various sports events, and further commented on maintenance and set up issues.

Kent Portue stated his support of the purchase of the bleachers, due to the growing population of the community.

Parks & Recreation Director Bronzan noted staff would prepare bid documents and that this item would be rescheduled for the meeting of February 8.

14.            Consideration of request from La Fuente Restaurant to allow their employees to park in the city leased parking lot at 715 Second Street.

City Manager Elam provided a brief synopsis of the Staff Report.

City Attorney Anderson noted that per Section 9 of the lease, the owner would have to consent to subleasing space to La Fuente.

Councilmember McPoland noted his support.

Barbara Guise spoke to the unavailable parking space within the area of this parking lot, and supported the request.

Vice Mayor Gomes asked that due to the City currently paying $200/month on this lot, would it be available to all taxpayers as public parking. 

City Manager Elam felt that other members of the public could utilize the lot, and that La Fuente could also utilize it to their needs.

M/S/C/U Gomes/Petrovich to allow the employees at La Fuente Restaurant, and other members of the public, to park in the City leased lot.

15.            Comments on the City’s preliminary Regional Housing Needs Determination.

Community Development Director Oshinsky gave an overview of the Staff Report, along with a slide presentation. 

Councilmember McPoland felt that an explanation was needed as to why ABAG’s projections did not reflect the jointly prepared agreed upon build-out estimates between City Staff and ABAG.  He also felt that the City should possibly file a letter of protest to this effect.  Councilmember McPoland also felt that ABAG should be notified of the current General Plan Update process.

Mayor Kidd expressed concern to the 813 units/year for 1999-2006, and did not want to see this number of units built within Brentwood.  He further did not believe that the City had the current means to provide adequate infrastructure for 813 units, in terms of looking at this number of units on a regional basis, as well as from a transportation perspective.  Mayor Kidd agreed that a letter of protest be sent to ABAG, whereupon the City could then consider filing a test case with the unfunded mandate board to challenge their lack of providing transportation funds for East County. 

Mayor Kidd further added that information be added to the ABAG letter regarding the methodology used by ABAG, and felt it was imperative that ABAG recognize the responsibility that communities who are providing jobs, provide the housing for those jobs. 

Mayor Kidd requested that staff pull the Measure C compliance documents that are filed in order for each of the city’s to receive their fair share of housing.  He wanted these documents reviewed and identify which cities are not making a fair effort to fully comply with meeting issues relating to growth management, congestion management and affordable housing.

M/S/C/U Gomes/Young directing staff to prepare a letter for the Mayor’s signature to propose a revision to the proposed ABAG regional housing needs determination for the City decreasing the number of housing units allocated to the City and changing the affordability distribution of the allocated units.

16.            Review of Northwestern and Southern Entry Monuments for incorporation into final design documents.

Public Works Director Head gave a brief explanation of the Staff Report and provided a slide presentation to the Council.

Barbara Guise requested that the Byron city limits sign, located on Highway 4, be removed, due to the fact that is located on Brentwood property.

Councilmember McPoland felt that recent suggestions made by the Planning Commission were ignored by the architect for the design of the proposed monuments, and wanted to ensure that they be taken into consideration.  Public Works Director Head commented that additional comments made by the Planning Commission would be incorporated into these proposed plans, and that this issue was not yet fully resolved.  Councilmember McPoland also wanted to ensure that the northwest monument sign was placed correctly, due to future growth in the area.

Donelle Bomben, 265 Wildberry, expressed concern to the current growth of the community, as well as the lack of road structure to handle the current and future population.  

Annette Beckstrand stated her support of the Council’s concerns on ABAG expectations and projections.

Richard Wagner, 395 Essex Drive, stated his support of Councilmember Young’s stance on growth concerns.

Bruce Ghiselli, 42 Sherwood Drive, expressed concern to supporters of non-growth within the community, and felt that a managed type of growth plan would be more beneficial to the community.

Barbara Guise, 189 Sherwood Drive, spoke to past and recent growth of residential structures, and felt that Brentwood has done an exceptional job with growth issues.

Bill Hill, 1180 Breakwater Way, expressed concern to the blight and lack of the code enforcement on Lone Tree Way.  In terms of growth, he felt that job creation was an important issue.

Tina Ramirez, 1193 Claremont Drive, spoke to growth projections and existing traffic issues within the community.  She wanted infrastructure and similar issues to be explored by the City Council, in order that the City’s small town charm be maintained.

Steve Young, 700 Bellmeade Way, commented on non-growth issues, and expressed concerns to the City’s current population of 21,000, and yet have enough approvals to create a population of twice the population.  He felt that the City should begin slowly thinking about closing the door over a period of time on the approval of residential units, and reducing the dependency on development fees.  He would like to see in the future an official Brentwood policy within the General Plan to incrementally reduce the City’s dependency on developer fees, in order that issues of infrastructure and growth could be more properly addressed.

Ed Austin, 2250 Balfour Road said if you stop growth, economic growth would also stop.  He suggested the use of smart growth.

CITY MANAGER REPORTS:            None.


Mayor Kidd requested that street tree maintenance activities be agendized for further discussion.

Vice Mayor Gomes requested that property located on Second Street be agendized, in order that it the Council could consider its future.

M/S/C/U Gomes/Petrovich to adjourn the meeting at 9:40 p.m.

There being no further business, the City Council adjourned at 9:40 p.m.

Respectfully Submitted,

Debra Lawson
City of Brentwood
Minutes Clerk

City Administration
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