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Current Council Agenda and Past Meeting Information

Minutes of April 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, 734 Third Street, Brentwood, California, with Mayor Kidd presiding.                                             


PRESENT:  Councilmembers McPoland, Petrovich, Young and Mayor Kidd

ABSENT:    Councilmember Gomes 


A.     Assemblyman Torlakson concerning East County Transportation issues.

Assembly Torlakson gave a verbal update of issues concerning East County Transportation issues. 

B.     Welcome to new Brentwood employees.

Human Resource Supervisor Standley introduced Misty Cheng, Cynthia Goulding, Christopher Chatburn, Dennis Beougher, Pete Fordahl, Sharon Lundstrom, Jamie Fosenberg and Sandra Williams, as new City of Brentwood employees.  Mayor Kidd administered the Oath of Office. 

C.     Certificates of Appreciation for former members of the Brentwood Advisory Neighborhood Committee (B.A.N.C.).

Mayor Kidd presented Certificates of Appreciation to Madelyn and Juan Krebs, Greg Robinson, Karen Rarey, Barbara Bonnickson and Helen Poisson. 

Councilmember Petrovich presented Certificates of Appreciation to local businessmen Manny Viera and Mike Stevenson for hosting a Police Activities League (P.A.L.) night out. 


Item No. 1     Missing page #2 and corrected page #7 of 3/28/00 Minutes.

Item No. 9     Pulled from agenda per City Attorney, and rescheduled for May 9, 2000.

Item No. 10     Pulled from agenda per City Attorney, and rescheduled for May 9, 2000.

Item No. 22     Additional correspondence.

Item No. 27     Pulled from agenda per City Attorney, and rescheduled for May 9, 2000.

M/S/C Petrovich/McPoland to add Closed Session, conference with legal counsel, existing litigation pursuant to Government Code §54956(a) – Stephen Beinke; Blackhawk-Nunn Active Adult Communities of Brentwood v. City of Brentwood; East Contra Costa Regional Fee and Financing Authority; and State Route 4 Bypass Authority – Case No. V98000291.   Vice Mayor Gomes was absent.


Teresa Ellis, 4704 Carnegie Lane, raised issues of concern relating to;  1) not being notified of construction taking place near her residence, and expressed concern to the added traffic that this new subdivision would create, and 2) requested updated information concerning the current repair status of the Kaufman & Broad homes within her neighborhood.   

Janeen Gromachey, 4656 Carnegie Lane, also raised the concern to existing construction of a new subdivision and park near her residence.  She felt this would create additional traffic within the area of Carnegie Lane, and requested that some type of calming traffic measures be implemented. 

Clayton Woolley, 1275 Central, requested the City Council, as well as all interested parties, to participate in the Delta Community Center’s upcoming Melodrama to be held on June 16th, 17th, 23rd and 24th. 

Bill Putman, 1220 Tidewater Court, Board of Directors for Community Center, reported on upcoming activities. 

Karen Rarey, 4677 Nunn Street, expressed concern to the present configuration of the intersection at Walnut Boulevard and Carnegie Lane, and suggested that the existing landscaping be removed and replaced with low growing landscaping for better visibility. 

Wes Tilton, 1875 Pheasant Run Terrace, spoke to his property located at 1701 San Jose and expressed concern to not having a permanent legal egress to this property.  He requested that a meeting be set to discuss this issue with City officials. 

Mary Ann Foglia, Brentwood News reporter, introduced herself to the Council and public. 


Item Nos. 9 and 10 were pulled, per the Agenda Review, and Mayor Kidd pulled Item No. 12.

1.  Approval of Minutes of March 28, 2000.

2.  Approval of Warrant Nos. 49589 – 49802.

3.  Reject claim presented by Russell Mueller.

4.  Approve activation of the City of Brentwood Arts Commission with appointment of interim Arts Commissioners to revise/update existing ordinance.

5.  Approve temporary closure of Fairview Avenue south of Balfour Road on April 14, 2000 from 9:00 a.m. to 1:00 p.m. for construction of the third golf cart bridge. 

6.   Approve an agreement for Purchase and Sale of real property APN 013-010-005 & 013-010-006 with the Bill Brandt Family Partnership. 

7.  Approve a contract with Pacific Gas and Electric for Brentwood Boulevard Assessment District Undergrounding Cancellation. 

8.   Approve Final Map of Subdivision 7975 located on the north side of Sunset Road adjacent to Marsh Creek.

11. Approve Resolution No. 2051 authorizing the write-off of uncollectible closed water, sewer and solid waste accounts.

13. Approve Resolution No. 2052 accepting Homecoming Park - CIP #522-5208.

14. Approve amendment to the 1999-2004 Capital Improvement Program to increase budget for the New Fire Station (CIP No. 336-3109) and add the adjacent roadway improvements (New Fire Station Road, CIP No. 336-3121). 

15. Approve Resolution No. 2053 closing certain streets to facilitate the Immaculate Heart of Mary Church to hold their annual Easter Pilgrimage.

16. Authorize the City Manager to execute contracts to determine the feasibility of developing the property that the City owns on Sunset Road.   

M/S/C/U Petrovich/Young approving Consent Calendar Item Nos. 1, 2, 3, 4, 5, 6, 7, 8, 11, 13, 14, 15 and 16.  Vice Mayor Gomes absent.

16A. Update on Aquatics Center. 

Parks & Recreation Director Bronzan gave a brief introduction. 

Dennis Cooper, Pacific Program Management, updated the City Council on the construction and completion issues for the Aquatics Center.

A brief recess was taken at 8:40 p.m. and reconvened at 8:45 p.m. 


17. Appeal by Aaron Wolter, of the Planning Commission’s approval of Design Review No. 99-30 to allow Centex Homes to construct six (6) homes on nine (9) lots located at the end of Quiet Gable Court.  

Councilmember Young excused himself, due to a conflict of interest. 

Associate Planner Zilm provided an overview of the staff report. 

The public hearing was opened. 

Aaron Wolter requested that the green belt be continued through Lot No. 6, thereby eliminating Lot No. 6, and that Lot Nos. 3 and 4 be reversed. 

Gloria Bailey, 168 Rosegate, raised a concern to the elevation of the proposed homes and requested that one-story homes be constructed.  She also voiced a concern to existing construction traffic and noise that is presently being added to Rosegate, due to this construction. 

Steve Padgett, 160 Rosegate, stated his concern regarding additional traffic being added onto Rosegate, due to the existing construction.  He suggested that Lot No. 6 be eliminated, per the Appellant’s request, followed by Lot Nos. 3, 4 and 5 being divided equally.  He felt this layout would better mesh with the existing layout of Hawthorne Landing. 

Gary Groshon stated his support of Lot Nos. 3 and 4 being reversed. 

Trece Herder, Centex Homes, pointed out that the green belt within Parcel A could be extended out, width-wise, thereby not eliminating Lot No. 6, and noted that she was not opposed to placing a single story on Lot No. 6, and reversing Lot Nos. 3 and 4.   

M/S/C Petrovich/McPoland closing the public hearing.  Vice Mayor Gomes absent and Councilmember Young abstained. 

Through discussions, Councilmember Petrovich recommended reducing the size of Lot No. 6, as requested by Centex Homes, converting it to a single story, and reversing Lot Nos. 3 and 4.  Mayor Kidd agreed that Lot No. 6 be reduced in size. 

M/S/C Petrovich/McPoland overturning the Planning Commission’s decision, and ruling that Centex reverse Lot Nos. 3 and 4, reduce Lot No. 6 to a one story home, change its elevation and reduce the lot size to accommodate the growth of the green belt on Parcel A.  Staff to bring the appropriate resolution back for adoption at the next meeting.  Vice Mayor Gomes absent and Councilmember Young abstained. 


18. Consideration of options for the Second Street extension and provide direction to staff. 

City Engineer Stevenson provided a capsule view of the staff report. 

Stan Tittle, 305 Central Terrace, requested that no decision be made at this time, in terms of a realignment, but suggested that if O’Hara is to be realigned, that the City relieve property owners of previous and existing payments made to their assessments. 

Bill Todd, 275 Central Terrace, proposed that if the road is realigned, that the property owners be reimbursed for previous and existing payments made to their assessments, due to the fact that they purchased their property with the idea of O’Hara becoming a major thoroughfare.  He also felt that parking issues needed be addressed on O’Hara Avenue, if a realignment is approved. 

Bruce Ghiselli, representing the Gregory & Casey Family’s, read a prepared statement into the record. 

Barbara Guise, spoke to the past history of O’Hara Avenue and suggested that it be widened, thereby making it become more efficient, traffic-wise.  She also felt that other options could be explored, in terms of the realignment issue. 

Brent Aasen, 1120 Second Street, Eqqus Group, supported staff’s recommendation.  He requested that if the roadway is to be configured in some manner, that the City Council approve additional landscaping within the area. 

Councilmember Petrovich agreed that some type of reimbursement mechanism be devised for the property owners that have paid into their assessment district on O’Hara. 

Councilmember McPoland agreed that the property owners should be reimbursed, due to the fact that O’Hara has not become a major thoroughfare, and pointed out that he did not support any recommendation for realignment at this point in time. 

A discussion period ensued amongst the Council and property owners. 

Greg Robinson suggested that any realignment of the road, along with the construction of any new businesses, be conducted simultaneously. 

Councilmember Petrovich stated that he was not opposed to having Second Street extension constructed, as long as it is built into O’Hara Avenue, but that he was opposed to having Second Street realigned to be the main thoroughfare.   

M/S/C McPoland/Petrovich to continue Item No. 18 to April 25, 2000 to confirm Council’s direction for staff to monitor traffic volumes on Central Boulevard and O’Hara Avenue and to return to Council with a recommendation, as well as a recommendation for the Council to review a reimbursement agreement for the existing property owners that exist on O’Hara, prior to the implementation of the Second Street extension.  No decision will be made at this point in time for the future construction of the Second Street extension.    Vice Mayor Gomes absent. 

Item No. 20 was taken at this time. 


20. Consideration of Park and Recreation Commission recommendation for City of Brentwood Skate Park Preliminary Site Master Plan and related budget. 

Parks & Recreation Director Bronzan provided a synopsis of the staff report. 

Greg Molton, Architect, presented the conceptual drawings of the plans to the Council.

Andrew Huffman, 742 Canyonwood Court, asked questions relating to the following issues:  1) landscaping,  2) Bicycles being allowed within the skate park,  3) What type of protective gear is going to be allowed.  Parks & Recreation Director Bronzan replied that landscaping would be maintained in the same manner as it is throughout the City, bikes would not be allowed, and that protective gear would be required and monitored by the police department. 

John Pagen, 133 Commonwood, called attention to the fact that more kids supported this park than who were in attendance tonight, and requested the City Council’s support. 

Councilmember McPoland stated his approval and requested that the City Council approve funds for the skate park. 

M/S/C Petrovich/McPoland approving the City of Brentwood’s Skate Park Preliminary Site Master Plan and related budget ass recommended by the Park & Recreation Commission.  Vice Mayor Gomes absent. 

19. Consideration of Park and Recreation Commission recommendation for the City of Brentwood Aquatic Complex Neighborhood Park conceptual plan.  

Parks & Recreation Director Bronzan gave a brief synopsis of the staff report. 

Gary Hyden, RRM Design, gave a verbal presentation of the conceptual design plan. 

Mayor Kidd indicated that he wanted to see the volleyball court placed closer in proximity to the aquatic complex. 

Councilmember McPoland commented on the picnic area within the neighborhood park, and felt it should be placed closer to the aquatic complex.   

Diane Johnson, 50 Haystack Court, talked to children playing in the construction area between the aquatics complex and the nearby school yard, and expressed concern to safety issues.  She suggested that fencing be placed in this area to avoid the children from leaving the school area. 

Don Harms, 1145 Second St., commented on the need for soccer fields throughout the community and asked about any future space that could be utilized for soccer fields.  He requested that the East Bay Soccer Association be notified in any further planning of parks. 

Gary Hyden further commented on the aquatic/neighborhood conceptual park plan, in terms of sports play fields. 

Discussions ensued regarding the planning phases. 

M/S/C McPoland/Petrovich approving the City of Brentwood’s Family Aquatic Complex Neighborhood Park conceptual plan, as recommended by the Park & Recreation Commission, and directing staff to work with the architect to move the picnic area and volleyball court closer to the aquatics complex.  Vice Mayor Gomes absent. 

21. Provide staff direction on the location of garbage dumpsters located in public alleyways and discuss downtown building paint coordination.   

City Manager Elam provided a brief summary of the staff report. 

Ed Calvin, 306 Oak Street, stated that he was told by the City to place his dumpster directly behind his business in the alleyway, and that he was not able to do so, due to a situation with another business owner parking their vehicle in this area.  He requested the City Council’s assistance.   

Bev Anderson, Delta Cinemas, 641 First Street, stated that her business has suffered a hardship by not being able to place the dumpster in the alleyway behind her business. 

Dave McIntyre, representing Centromart, spoke to the placement of the dumpster in the alleyway for his business, and stated that per the Health Department, it was essential that it remain in the alleyway. 

Heidi Calvin, 306 Oak St., supported Mr. Calvin’s comments and asked that she be able to place a dumpster in the rear of her business. 

Mayor Kidd suggested that the issue of the garbage dumpster be deferred to the Solid Waste Sub-committee, and indicated that the Calvin’s would be allowed to place their dumpster in the alleyway.

Mayor Kidd did not feel a need to address the issue of paint color coordination.  Councilmember Petrovich disagreed, and felt that it did need to be addressed.  Through discussions, the Council concurred that staff return with a suggestion regarding the issue of the paint color coordination.

M/S/C Petrovich/McPoland approving dumpsters to be placed in public alleyways and deferring this to the issue to the Solid Waste Sub-committee.  Direct staff to return to the City Council with options regarding paint color coordination.  Vice Mayor Gomes absent. 

22.   Consideration of a golf cart crossing over Balfour Road from Summerset I. 

 Jim Dailey, 1799 Crispen Avenue, read a prepared statement on behalf of the residents of Summerset I regarding a request to allow golf carts to cross Balfour Road at Summerset Drive. 

Steve Soco, resident of Summerset I, addressed the same issue.  

M/S/C McPoland/Petrovich allowing golf carts to cross Balfour Road at Summerset Drive, and directing the City Engineer to sign this intersection as a golf cart crossing.  Vice Mayor Gomes absent. 

A break was taken at 11:20 p.m. and reconvened at 11:30 p.m. 

23. Consideration of First Amendment to Joint Exercise of Powers Agreement with Flood Control District for Marsh Creek Widening (CIP 562-5618).  

City Engineer Stevenson gave an overview of the staff report. 

M/S/C Petrovich/McPoland authorizing the Mayor to execute the First Amendment to the Joint Exercise of Powers Agreement for Marsh Creek Widening (CIP Project 562-5618) and authorize an additional $48,200 for utility relocation and construction contingencies.  Vice Mayor Gomes absent.

 24.  Consideration of the temporary closure of Dainty Avenue from June 12 through August 25, 2000 for bridge reconstruction.

City Engineer Stevenson gave a brief synopsis of the staff report. 

M/S/C Petrovich/McPoland authoring the City Engineer to temporarily close Dainty Avenue at Marsh Creek.  The closure is scheduled for June 12 through August 25, 2000 to allow reconstruction of the bridge in conjunction with the widening of Marsh Creek.  Vice Mayor Gomes absent. 

25.   Set the date of Monday May 22, 2000, for a joint East County Cities Economic Development Conference in Pittsburg.   

M/S/C Petrovich/Young setting the date of Monday, May 22, 2000, for a joint East County Cities Economic Development Conference to be held in Pittsburg from 6:30 p.m. to 9:30 p.m.  Vice Mayor Gomes absent. 

26.   Consideration of a resolution establishing an interest-free loan program for existing commercial, office and industrial businesses doing business in Brentwood for additional water meters and sewer pretreatment devices. 

 Councilmember McPoland excused himself, due to a conflict of interest. 

City Engineer Stevenson provided an informational report to the City Council. 

M/S/C Young/Kidd approving Resolution No. 2055 adopting an interest-free loan program to assist existing commercial, office and industrial businesses in Brentwood with the financing of the purchase and installation of sewer pretreatment devices and additional water meters to more accurately assess monthly sewer service.  Councilmember McPoland abstained and Vice Mayor Gomes absent. 

27.  Consideration to amend Ordinance No. 613 to allow for a 20% reduction in sewer rates for restaurants. 

This item was pulled, per the Agenda Review. 


Bruce Ghiselli expressed a concern to vehicles parking directly on the lawn area of McClarren Park and felt this posed security concerns. 


Requests for future agenda items

Mayor Kidd requested that small city-owned parcel of lands throughout the City be reviewed, in terms of aesthetics. 

The meeting adjourned to Closed Session at 11:45 p.m.


Conference with legal counsel, existing litigation pursuant to Government Code §54956.9(a) – Stephen Beinke; Blackhawk-Nunn Active Adult Communities of Brentwood v. City of Brentwood; East Contra Costa Regional Fee and Financing Authority; and State Route 4 Bypass Authority, Case No. V98000291. 

The meeting reconvened in open session at 11:50 p.m., with no action to report from the Closed Session. 


There being no further business, the City Council adjourned at 11:55 p.m. to April 12, 2000.

Respectfully Submitted, Debra Lawson, Minutes Clerk

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