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Current Council Agenda and Past Meeting Information

BRENTWOOD CITY COUNCIL
Minutes of March 28, 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.

ROLL CALL:

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

ABSENT:      None

CITIZEN COMMENTS:

BARBARA GUISE, representing Tri Delta Transit, distributed a handout to the City Council and commented on Tri-Delta’s ridership growth.

WES TILTON, 1875 Pheasant Run Terrace, expressed concern to the fact that he was still landlocked at his property located at 1701 San Jose Avenue.  He said that he had been asked to sign a legal agreement with the developer and asked the City Council what inducements were offered the City that they are not a part of this contract.  He further requested the Council’s help in resolving this issue.

BILL PUTMAN, 1220 Tidewater Court, announced that the upcoming Delta Community Center Melodrama would be held on April 6 at 7:30 p.m.  

ANNETTE BECKSTRAND, stated her appreciation to the City Council for their support of the Brentwood Advisory Neighborhood Committee (BANC).

CONSENT CALENDAR:

1.   Approval of Minutes of March 14, 2000.

2.   Approval of Warrant Nos. 49281 – 49516.

3.   Approve Resolution No. 2041 authorizing a loan between the City and the Redevelopment Agency to purchase property at 604 First Street, Brentwood.

4.   Approve Resolution No. 2042 establishing a new limit for Long Term Disability benefits.

5.  Reject claim of Mercy Holmes.

6.   Reject claim of Dennis Arntt.

7.   Approve Resolution No. 2043 accepting onsite improvements for the Trail along the railroad tracks on the east boundaries of Subdivision 8178; Lyons Grove, and authorize the release of bonds.

8.   Approve an Engineering Design Contract for $55,550 with Bellecci & Associates, Inc. for design of the new Fire Station Road, CIP No. 336-3121.

9.  Approve Resolution No. 2044 for reimbursement through State-Local Transportation Partnership Program for the Brentwood Boulevard/Grant Street Intersection Improvements; CIP No. 336-3006. 

M/S/C/U Gomes/Petrovich approving the Consent Calendar.

PUBLIC HEARINGS:

CITY COUNCIL PUBLIC HEARING

10.   Initiation of the Central Brentwood Annexation and Prezoning of four (4) sub-areas within the area proposed for annexation. 

Chief of Planning Leana provided a verbal explanation of the staff report.

The public hearing was opened.

JOE SATARIANO, 829 Griffith Lane, requested that the streets remain consistent in appearance.

GARY ADAMS, 835 Griffith Lane, spoke to current zoning and the property values on his street, due to it being zoned high density, and expressed concern to the manner in which the streets are designed.  He also noted that he was concerned about not being notified of this proposed annexation.

Discussions ensued regarding notification within city limits and non-annexed areas.

RON NUNN, 741 Sunset Road, stated that he supported the annexation, and commented that the area north of Lone Tree is currently within the Ironhouse Sanitation District and Delta Diablo Water District that is affiliated with the City of Oakley, and that they provide no services to this area.  He felt that the annexation into the City of Brentwood and the de-annexing of this area should be performed simultaneously, and that it be considered a part of this annexation process.

JERRY JACOBSON, 1560 Lone Oak Road, believed that if high density were to happen in this neighborhood, it would be inconsistent with the area as a whole.  He requested that the Council consider a change in zoning or a moratorium in this area until the completion of the General Plan Update.  He also asked about the future of present livestock, and how the property owners within this area could become more actively involved in this process.

BAILEY NEFF, 1060 Minnesota Avenue, noted that he had previously sent a letter to the City Council concerning his property and stated that he was not opposed to annexation, but that he may be interested in annexation in the future, but not at the present time.  He requested that the City Council not reduce this area to a lesser density.  Mr. Neff stated that he would prefer the zoning to remain as is, unless he could be granted a 3-1/2 unit/acre zoning for future development.

JAMES RIOS, 800 Minnesota Avenue, felt that the proposed zoning of 1 unit/acre would be detrimental to the area, as a whole.

NORA MARTINEZ requested additional information from staff regarding the annexation.  Community Development Director Oshinsky then provided a verbal explanation of the benefits of being annexed.  She also spoke to newly constructed homes on Anderson Lane and expressed concerns that Anderson Lane and Neroly would be connected thereby creating additional traffic.  Chief of Planning Leana noted that there was no intent on the part of the City or any developer in extending Neroly and Anderson.

SUSAN DARM, 860 Minnesota Avenue, expressed concern to the area surrounding her home being re-zoned and wanted to ensure that she would be notified of any proposed changes.

KATHERINE SHAVER, 8001 Lone Tree Way, commented that she had received notification of the proposed annexation, but that it was confirmed with the City that she was not within the proposed annexation area.

Councilmember McPoland spoke briefly to the benefits of being annexed and stated his support.

M/S/C/U Gomes/McPoland closing the public hearing.

M/S/C McPoland/Gomes passing Resolution No. 2045 initiating an application to the Local Agency Formation Commission (LAFCO) for Annexation No. A00-01, referred to as the Central Brentwood Annexation; the property is bounded by the following:  Neroly Road, Brentwood’s existing city limits, and a portion of the Union Pacific Railroad tracks.  NO:  Councilmember Young

M/S/C McPoland/Gomes introducing and waiving first reading of Ordinance No. 631 amending the Municipal Code by prezoning certain properties referred to as the Central Brentwood Annexation Prezone Areas, located along the Union Pacific Railroad tracks in the central portion of the Brentwood Planning Area to four (4) separate zoning designations: re, PD-44, PD-42 and R-1-E.  NO:  Councilmember Young

In stating his opposition, Councilmember Young did not feel comfortable with the changes that would occur with the annexation.

CONVENE THE REDEVELOPMENT AGENCY MEETING

JOINT CITY COUNCIL/AGENCY BOARD PUBLIC HEARING 

11.   Proposed Implementation Plan, the proposed Amendment No. 4 to the Redevelopment Plan for the Brentwood project and Amendment No. 2 to the Redevelopment Plan for the North Brentwood Redevelopment Project, and the Negative Declaration.  

Mayor Kidd called to order the joint meeting of the City Council the Redevelopment Agency of the City of Brentwood.  He stated that the purpose of this meeting was to conduct a joint public hearing to consider and act upon the proposed Implementation Plan, the proposed Amendment No. 4 to the Redevelopment Plan for the Brentwood Redevelopment Project and Amendment No. 2 to the Redevelopment Plan for the North Brentwood Redevelopment Project, and the Negative Declaration on the Amendments.

Finance Director Jones entered into the record:

Exhibit “1” Affidavit of publication of notice of joint public hearing on the proposed Implementation Plan and Amendments, published once a week for three (3) successive weeks as required by §33452, 33458, and 33490(d) of the California Health and Safety Code.

Exhibit “2” Certificate of mailing notice of joint public hearing on the proposed Implementation Plan and amendments to each assessee of land in the Project Area as shown on the last equalized assessment roll.

Exhibit “3” Certificate of mailing notice of joint public hearing on the proposed Implementation Plan and Amendments to the governing body of each taxing agency which receives taxes from property in the Project area.

Exhibit “4” Certificate of mailing notice of joint public hearing on the proposed Implementation Plan and amendments to residents and businesses within the Project Area.

Exhibit “5” Certification of Certain Official Actions that have been taken by the City Council, city Planning Commission and the Agency in connection with the proposed Amendments to the Redevelopment Plans for the Brentwood and North Brentwood Redevelopment Projects.

Mayor Kidd noted that these documents would be made a part of the record.

City Manager Elam provided an informational background explanation of the staff report.

Councilmember McPoland stated his opposition to the use of Redevelopment Funds being used to construct public facilities.

Brent Hawkins, MHA, explained the funding aspects of Redevelopment Funds.

Mayor Kidd submitted the Report of the Agency, along with the testimony, into the record.

City Manager Elam provided a brief synopsis of the Negative Declaration. 

Mayor Kidd submitted the Negative Declaration, as submitted as part of the Report of the Agency, into the record.

Brett Hawkins, MHA, briefly summarized the proposed Amendments to the Redevelopment Plans for the Brentwood and North Brentwood Redevelopment Projects.

Mayor Kidd submitted the proposed Amendments into the record.

Paula Kelley, Katz Hollis, explained the Implementation Plan Adoption.

Mayor Kidd submitted the Implementation Plan into the record.

Mayor Kidd opened the public hearing.

Mayor Kidd entered into the record a letter of objection from Mr. James H. Hattum.

DOUG ADAMS, Superintendent Brentwood School District, spoke to the amendment process, and stated the Board of Education’s support.

MARK WHITE, Manager of Byron/Brentwood/Knightson Union Cemetery District, asked 1)Why the North Brentwood area sunset is different than the Downtown Brentwood area, and 2) What is each Special District’s apportionment of the part of the Implementation Plan as it converts over from SB 1290.  Larry Arceneaux of Katz Hollis, responded to Mr. White’s remarks.

BARBARA GUISE, Board member of the Cemetery District, noted that other than Mr. White’s comments, she supported the merger.

RON NUNN, 741 Sunset Road, spoke to the use of the Redevelopment funds, and suggested that an amendment be developed wherein a formula for funding could be shared throughout all areas.  Further, that Redevelopment monies would not be used for public projects, because they do not generate any revenue.

VICKY RINEHART, Superintendent Knightson School District, stated her support of this item.

JOE SATARIANO, 829 Griffith Lane, questioned revenue projections.  City Manger Elam briefly explained various funding aspects of Redevelopment Agency.

Barbara Guise suggested that the instead of the City Council directing monies to a certain project, could some type of repayment system be setup, so funds could be recirculated.

Mayor Kidd called the Agency meeting to order.

Agency Member Young commented that he felt this was more of a policy plan, rather than an expenditure plan.  He requested that the amendment ensure that the benefits are shared equally by North Brentwood and that some type of repayment plan be devised, in order that finances could be re-circulated.

Agency Member McPoland wanted specific projects named, and noted that he could not vote on this without a specific document or amendment eliminating the use of Redevelopment funds for building public facilities.

Councilmember Petrovich approved, with the exception of using Redevelopment funds for public facilities.

Vice Chair Gomes stated his support as presented, and felt this would give much more latitude to Agency Member Petrovich approved, with the exception of using Redevelopment funds for public the Council in accomplishing projects throughout the City.

Chairman Kidd stated his support.

Agency Members Petrovich and McPoland expressed a concern to spending Redevelopment funds on a new police station, rather than using the funds for much needed improvements throughout the North Brentwood area.

M/S/C/U Gomes/Petrovich closing the public hearing.

M/S/C Gomes/Young approving Resolution No. RA-15 approving and adopting the Implementation Plan for the Brentwood Redevelopment Project and the North Brentwood Redevelopment Project.  NO:  Agency Members McPoland and Petrovich

M/S/C Gomes/Young approving Resolution No. RA-16 approving a Negative Declaration for the Amendments to the Redevelopment Plans for the Brentwood Redevelopment Project and the North Brentwood Redevelopment Project.  NO:  Agency Members McPoland and Petrovich.

M/S/C/U McPoland/Gomes to continue Item No. 11 to the meeting of April 11, 2000.

A break was taken at 9:25 p.m. and reconvened at 9:45 p.m.

NEW BUSINESS

12.   Review options for the Second Street extension and provide direction to staff.

M/S/C/U Petrovich/Gomes to continue Item No. 12 to the meeting of April 11, 2000.

13.   Consideration of request to install a crosswalk in front of the Liberty Union School District offices on Oak Street. 

City Manager Elam gave a brief synopsis of the staff report.

City Engineer Stevenson explained the location of the proposed crosswalk.

Councilmember Petrovich felt that he would rather have the whole area improved at once, rather than done in a piece meal manner.

Roger Wilson explained that the District needed the crosswalk, due to pedestrian safety concerns.

M/S/C/U Petrovich/Gomes to continue Item No. 13 and that staff will further conduct research on this item and that it will be brought to the City Council with a cost estimate.

14.   Review and discussion of City Attorney Memo concerning the elimination of the elected mayor position.

Vice Mayor Gomes briefly explained the staff report.

BARBARA GUISE stated her opposition of an elective mayor, and explained the past history pertaining to this item.

BRUCE GHISELLI, 42 Sherwood Drive, stated his opposition to the position of an elective mayor.

Councilmember Young supported the elective mayor’s position, and felt it was more of democratic process. 

Councilmember McPoland and Mayor Kidd agreed that this item could be placed on the November ballot.

M/S/C/U Gomes/Petrovich to direct the City Clerk to prepare the necessary resolution to place a measure on the November 2000 Ballot.  NO:  Councilmember  Young

15.   Approve an agreement with McDonough, Holland & Allen to provide special legal services on an as needed basis. 

M/S/C/U Gomes/Petrovich approving an agreement with McDonough, Holland & Allen to provide special legal services on an as needed basis.

16.   Consideration of a resolution approving participation in the Eastern Contra Costa County Regional Habitat Conservation Plan.

Associate Planner Rhodes provided an overview of staff report.

DENNIS MCCORMAC, Contra Costa Water District, explained the purpose and the need for a Habitat Conservation Plan.  He requested the support of the City Council.

KEN SANCHEZ, U.S. Fish and Wildlife Service, encouraged the support of the City Council and elaborated on the purpose and need of the Habitat Conservation Plan.

CARL WILCOX, California Department of Fish & Game, explained the purpose of the proposed Habitat Conservation Plan and the benefits that it would have on the community.

Mayor Kidd expressed a concern to wording within the agreement, in terms of the Habitat Conservation Plan Association (HCPA) voting on land use decisions.  Discussions ensued regarding the City’s land use authority.

M/S/C/U Gomes/McPoland adopting Resolution No. 2046 to participate in the preparation of an East Contra Costa County Habitat Conservation Plan.

M/S/C/U Gomes/McPoland authorizing the City Manager to sign an interagency agreement forming the East Contra Costa County Habitat Conservation Plan Association (“HCPA”) to manage preparation of the HCP, and ensure that language reflects that the City of Brentwood’s land use authority is not compromised.

A break was taken at 11:00 p.m. and reconvened at 11:05 p.m.

17.   Authorize the City Manager to negotiate and execute a contract with MCE Corporation to provide Park & Recreation Director Bronzan briefly summarized the staff report.

DON WAXMAN, Rubicon, commented on the bidding process, and requested staff and the City Council to allow MCE to subcontract to Rubicon.

Councilmember McPoland requested that he be able to review the final contract before it is signed.

M/S Petrovich/Gomes authorizing the City Manager to negotiate and execute contracts with MCE Corporation and Valley Sweeping & Landscape Service for citywide landscape services.

NO:  Councilmembers Young, McPoland and Mayor Kidd

The motion failed, due to a lack of a quorum.

M/S/C McPoland/Young authorizing the City Manager to negotiate and develop a contract with MCE Corporation and Valley Sweeping & Landscape Service for citywide landscape services, and return contract for review and adoption.  NO:  Councilmembers Gomes and Petrovich

18.   Approve a resolution adding a condition to all single-family tentative subdivision maps to require pre-wiring for electric vehicle charging facilities. 

Chief Building Official Kidwell gave an overview of the staff report.

Councilmember Petrovich requested additional cost information.

ED AUSTIN, 2250 Balfour Road, suggested that this be offered to home buyers as an option only, and felt that the homeowner could run their own conduit, if they so desired.  He stated his opposition to this being placed as a condition.

BRUCE GHISELLI, PG&E, identified PG&E’s position, in terms of the panel size to accommodate the charging facilities, and noted that this issue has not been fully addressed at the PG&E level.

It was the consensus of the City Council to continue this item, and direct staff to gather information from other cities.

19.   Consideration of a resolution requesting the California State Legislature add the Sunset Road Realignment and Bridge Project to their Annual Budget. 

City Manager Elam gave a brief synopsis of the staff report.

M/S/C/U Gomes/Petrovich adopting Resolution No. 2047 requesting the California State Legislature to add the Sunset Road Realignment and Bridge Project to their annual budget through a member’s request.

CITIZEN COMMENTS:            None

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS:            None

REQUESTS FOR FUTURE AGENDA ITEMS:

Councilmember Young requested that a program be considered that would preserve historical structures within the downtown area.

CLOSED SESSION:

Conference with Legal Counsel – existing litigation (§54956.9) Beinke, Blackhawk-Nunn et al v. City of Brentwood.

Conference with real property negotiator (§54956.8), Negotiators:  John Stevenson & Dennis Beougher (Railroad Crossing).

There was no reportable action.

ADJOURNMENT:

There being no further business, the City Council adjourned at 11:50 p.m.

 Respectfully submitted, Debra Lawson Minutes Clerk

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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