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Brentwood City Council
Minutes of June 13, 2000

A regular meeting of the City Council 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, Mayor Kidd

ABSENT: None

AGENDA REVIEW

Item No. 4 Pulled from Agenda

Item No. 20 Additional Letters

Item No. 26 Supplemental Staff Report

Item No. 28 Moved up after Consent Calendar

Item No. 16 Letter from Liberty High School District

Closed Session Pull Oregon Investors from agenda

CITIZEN COMMENTS - None

CONSENT CALENDAR

1.      Approval of Minutes of May 23, 2000. (Pulled for further discussion.)

2.      Approve Warrants 50598 – 50947.

3.      Approve Resolution No. 2087 for the acquirement of unclaimed property for deposit into the City's General

         Fund.

4.      Approve a resolution accepting the Final Map for Subdivision 8322, Brentwood Lakes Unit 6. Removed

         From Agenda

5.      Approve Resolution No. 2088 accepting the Final Map for Subdivision 8222, Signature Properties.

         Accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing

         the Mayor and City Clerk to execute the same.

6.      Approve Resolution No. 2089 accepting Final Map for Subdivision 7865, Homecoming Unit 3. Accepting

         the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor

         and City Clerk to execute the same.

7.      Approve a resolution accepting work performed by State Route 4 Bypass Authority for San Creek Road

         West Improvements; CIP Project No. 336-3092. (Pulled for further discussion.)

8.       Approve Resolution No. 2090 rejecting bids for the Storm Line "F" Project; CIP 336-3091

9.       Approve Resolution No. 2091 adopting the 2000-01 Prop 4 Appropriation Limit. Approve the 2000-01 Prop

         4 Appropriation Limitation using the change in the City population factor of 14.11% to calculate the limit.

10.     Authorize the City Engineer to proceed with the installation of streetlights in the downtown area. Proceed

         with the installation of streetlights and to continue checking for additional areas in the City which may need

         street lights.

11.     Approve Resolution No. 2092 declaring the intent to order improvements of Citywide Park Maintenance

         District No. 98-1 for fiscal year 2000/01, and set July 11, 2000, at 7:30 p.m. as the date for the public

         hearing pursuant to the Landscape and Lighting Act of 1972 and Proposition 218.

12.     Authorize City Attorney to add the City of Brentwood to the friend of the court brief in County of Sonoma, et

          al v. California Department of Finance, et al.

13.     Approve First Amendment to the Restated Joint Powers Agreement establishing the Eastern Contra Costa

         Transit Authority and bylaws that would allow the addition of the City of Oakley to join ECCTA, revises the

         Appointment and Term of Office (Section 3.02) and Officers (Section 4.05)

14.     Approve revised Youth Commission Bylaws. (Pulled for further discussion.)

15.     Authorize staff to construct a raised speed table-type crosswalk across Oak Street including the

         appropriate signing and striping.

16.     Authorize staff to design, bid and return to Council for the contract award for the construction of the

         improvements necessary to install stop signs at the intersection of Oak Street and Third Street.

17.     Second reading and adoption of Urgency Ordinance No. 635, amending Title 9 (Public Peace, Morals

         and Welfare) by adding Chapter 9.38 relating to restrictions on canned goods or bottled beverages at public

         events and exhibitions.

         Items No. 1, 4, 7 & 14 were pulled from the Consent Calendar.

         It was moved/seconded by Petrovich/Gomes approving Consent Calendar Items 2, 3, 4, 6, 8-13 15-17 as

         recommended by staff. Motion carried unanimously.

Item No. 1

        It was moved/seconded by Gomes/Petrovich to approve Minutes of May 23, 2000 as submitted. Motion carried

        with Councilmember Young abstaining.

Item No. 7

       Mayor Kidd expressed concern about the alignment of the street.

       It was moved/seconded by Gomes/Petrovich that this item be continued. Motion carried unanimously.

Item No. 14

      It was suggested that the bylaws be in effect as of 8/1/00.

      It was moved/seconded by Gomes/Petrovich approving the revised Youth Commission Bylaws effective

       8/1/00.

       Motion carried unanimously.

28.   Consideration of an adjourned City Council on June 19, 2000 at 7:30 p.m. to discuss Loma Visa Park.  Kirk

        Taylor, 1864 Highland Way, Brentwood, thanked the City Council and the School District for all their efforts

        in  supporting the new Loma Vista Park.

        It was moved/seconded by Petrovich/Gomes that the meeting be adjourned to June 19, 2000, at 7:30 p.m. 

        Motion carried unanimously.

PUBLIC HEARINGS

18    Consideration of an ordinance amending Title 8 of the Brentwood Municipal Code by adding Chapter 8.36

        relating to restrictions on tobacco advertising promotion and adopt a resolution to amend the City's Master Fee

       Resolution to establish a fee for Tobacco Retailer License.

       Dennis Beougher, City Attorney, gave a brief explanation of the Ordinance.

       Mayor Kidd opened the Public Hearing.

       Dr. Wendell Brunner, Contra Costa Health Department, spoke in support of the Ordinance as it will discourage

      sale and use of tobacco by youth.

      The Public Hearing was closed.

      Ordinance No. 636

         An Ordinance of the City of Brentwood amending Section 8 (health and safety) by adding Chapter

         8.36 relating to restrictions on tobacco advertising promotion

     It was moved/seconded by Gomes/Petrovich that full reading of Ordinance No. 636 be waived and that the same

     be passed on first reading as recommended by the City Attorney. Motion carried by the following vote:

     AYES: Councilmembers Gomes McPoland, Petrovich, Young, Mayor Kidd

     NOES: None

     ABSENT: None

     Resolution No. 2093

          A Resolution of the City Council of the City of Brentwood amending the City's Master Fee Resolution

          No.  98-195 to add a fee for tobacco retailer license

        It was moved/seconded by Gomes/Petrovich that full reading of Resolution No. 2093 be waived and that the

        same be adopted as recommended by the City Attorney.  Motion carried by the following vote:

        AYES:     Councilmembers Gomes, McPoland Petrovich, Young, Mayor Kidd

        NOES:     None

       ABSENT:  None

19.  Consideration of an Ordinance adding Chapter 12.30 concerning the regulation of news racks in public right of

       ways to the Brentwood Municipal Code.

       Dennis Beougher gave a brief presentation on news racks in the Public Right of Way.

       Mayor Kidd opened the Public Hearing.

       Rick Lemyre, Brentwood Press, spoke in favor of the Ordinance.

       Council directed staff to look into the standardization of news racks.

       The Public Hearing was closed.

       Ordinance No. 637

           An Ordinance of the City Council of the City of Brentwood amending Title 12 (Streets, Sidewalks

           and Public Places) by adding Chapter 12.30 relating to the regulation of news racks in the public

           right of ways.

      It was moved/seconded by Gomes/Petrovich that full reading of Ordinance No. 637 be waived and that the same

      be passed on first reading as recommended by the City Attorney with the following changes: 1) the

      grandfathering in of all existing racks; and 2) the requirement to remove all old publications. Motion carried by

      the following vote:

       AYES:     Councilmembers Gomes, McPoland, Petrovich, Young, Mayor Kidd

       NOES:     None

       ABSENT: None

NEW BUSINESS

20.   Approve matching Operational Funds from the PEC Fund Account to the proposed Business Improvement

       District (BID). Councilmembers McPoland and Petrovich stepped down from the dais due to conflicts of interest.

       Presentations were made by Howard Sword, Economic Development Coordinator, Dave Kilbourne, Chairman of

       the Brentwood Business Improvement District (BBID) and Peggy Schuitemaker, Co-Chair of the BBID

PROPOSED BBID TIME TABLE

        June 16-20            BID proposal will be hand delivered to all 424 businesses in the proposed district

        June 28                 Public Workshop

        July 11                 Result of the BID study will be presented to the Council

        July 15                 Mail & Publish a Notice of Hearing to adopt a Resolution of Intent to form a BID

        July 25                 City Council holds a meeting to adopt a Resolution of Intention

        August 1              City mails and publishes a copy of the adopted ROI to all the business

        Sept. 12               City Council to conduct a formal protest hearing

        September 26       If adopted, Second Reading of the Ordinance would occur on this day.

        October 26           BID would be effective

        The district is proposing that the City match the BID collections by 100% in the first year and 50% each year

         thereafter.

        Speakers in Opposition:

Pat Lindsey, Owner, Brentwood Liquor, 234 Oak Street (submitted petitions of opposition)

Dimitri Karadias, Caps Bar and Grill, 144 Oak Street (read a statement from Owner, Elaine Karadias)

Kay Pastor, 1185 2nd St., Suite I

        Speakers in Favor:

Pat McCarran, Owner, KFC, 7810 Brentwood Blvd.

Ed Stack, Classic Awning & Canvas, 6303 Brentwood Blvd.

Ed Calvin, Owner Not Only Baja, 306 Oak Street

Heidi Calvin, Owner Not Only Baja, 306 Oak Street

Jerry Thorpe, Owner, Brentwood Ace Hardware, 8900 Brentwood Blvd.

Barbara Guise, Brentwood Furniture, 613 First Street

Ken Wilson, Brentwood Autoparts, 7881 Brentwood Blvd.

John Silvera, 1151 Claremont Drive

       Council directed Staff to conduct an additional Public Workshop and pursue other funding sources.

       Council took a break at 8:55 p.m.and reconvened at 9:05 p.m.

21.  Authorize City Manager to work with BART to allow use of their lot at Dainty and Walnut on weekends and

      holidays for the parking of cars for sale.

      Jon Elam, City Manager, discussed the option of utilizing the BART parking lot located at Dainty and Walnut, on

      the weekends to use as a venue for citizens to sell their cars

      Speaking in Favor

Len Del Charo, Walnut Acres Mobile Home Park, 3660 Walnut Blvd.

     Speaking in Opposition

Barbara Guise, Tri-Delta Transit.

Val Tomkins, A & A Auto Parts Sales & Service, 6240 Brentwood Blvd.

      Council continued the issue pending further investigation by Staff including the posting of No Parking Signs along

      Walnut at Balfour and investigation of potential liability.

22. Consideration of various Resolutions pertaining the November 7, 2000 Consolidated General Municipal Election.

      Resolution No. 2094

A Resolution of the City Council of the City of Brentwood California, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 7, 2000, for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law Cities and for the submission to the voters a question relating to the election of Mayor.

      Resolution No. 2095

A Resolution of the City Council of the City of Brentwood, California, adopting regulations for candidates for elective office pertaining to Candidates Statements submitted to the voters at an election to be held on Tuesday, November 7, 2000.

      Resolution No. 2096

A Resolution of the City Council of the City of Brentwood, California, providing for the filing of rebuttal arguments for City measures submitted at Municipal Elections.

      Resolution No. 2097

          A Resolution of the City Council of the City of Brentwood, California setting priorities for filing

         written argument(s) regarding a City measure and directing the City Attorney to prepare an impartial

         analysis.

      Resolution No. 2098

A Resolution of the City Council of the City of Brentwood, California requesting the Board of Supervisors of the County of Contra Costa to consolidate a General Municipal Election to be held on November 7, 2000, with the Statewide General Election to be held on the date pursuant to § 10403 of the elections code.

      It was moved/seconded by Gomes/Petrovich that full reading of Resolutions No. 2094, 2095, 2096, 2097, 2098

      be waived and that the same be adopted as recommended by Staff. Motion carried by the following vote:

      AYES: Councilmembers Gomes, McPoland, Petrovich, Young, Mayor Kidd

      NOES: None

      ABSENT: None

23. Consideration of options for downtown parking (First Street Parking Lot; CIP Project No. 336-3118).

      John Stevenson, City Engineer, spoke concerning First Street Parking Lot.

      Pat Lindsey, Brentwood Liquor, spoke in opposition of the proposal.

      It was moved/seconded by Gomes/Petrovich. Council directed staff to move forward with the design and

      construction of a parking lot at 604 First Street, continue to look at options for increasing parking at the rear of

      all the lots where it is viable, increase the lighting and try and incorporate as much parking as possible. Motion

      carried with Councilmember Young and Mayor Kidd voting no.

24. Approve a Resolution adopting the L. B. Hayhurst & Associates, Classification and Compensation Study Final

    Report.

    Patti Standley, Human Resources Supervisor, introduced the staff report.

    Resolution No. 2099

       Resolution of the City Council of the City of Brentwood approving the Classification and

      Compensation Study Final Report as recommended by L. B. Hayhurst and Associates.

     It was moved/seconded by Gomes/Petrovich that full reading of Resolution No. 2099 be waived and that the same

     be adopted as recommended by Staff. Motion carried by the following vote:

     AYES: Councilmembers Gomes, McPoland, Petrovich, Young, Mayor Kidd

     NOES: None

     ABSENT: None

25. Consideration of request by Harvest Park Bowl for a $3,000 donation for the Northern California Senior Classic

     Pro-Am Tournament.

     Mr. Elam briefly discussed the staff report.

     It was moved/seconded by McPoland/Gomes approving the request by Harvest Park Bowl for a $3,000 donation

     to be funded from the Council Contingency Budget. Motion carried with Councilmember Petrovich voting no.

26. Award construction contract for Well #14, CIP Project No. 562-5615 to low bidder, Maggiora Bros. Drilling, in the

    amount of $104,784.

     Paul Eldridge, Associate Civil Engineer, introduced the item.

     It was moved/seconded by Gomes/Petrovich approving the award of the construction contract for Well #14, CIP

     Project No. 562-5615 to Maggiora Bros. Drilling, in the amount of $104,784, as recommended by staff. Motion

     passed unanimously.

27. Approve a Notice to Greystone Homes accepting San Jose School Park for Maintenance.

     Craig Bronzan spoke briefly about on-going park maintenance.

     It was moved/seconded by Petrovich/Gomes approving a Notice to Greystone Homes accepting San Jose School

     Park for maintenance per Staff recommendation. Motion passed unanimously.

29. Approve a Resolution supporting a one-eighth cent sales tax for Contra Costa County Libraries.

     Councilmember Young introduced the staff report.

     Resolution No. 2100

        A Resolution of the City Council of the City of Brentwood in Support of a One-Eighth Cent Sales Tax

        for Contra Costa Libraries.

     It was moved/seconded by Gomes/Petrovich that full reading of Resolution No. 2100 be waived and that the same

     be adopted as recommended by Staff. Motion carried by the following vote:

     AYES: Councilmembers Gomes, McPoland, Petrovich, Young

     NOES: Mayor Kidd

     ABSTAIN: None

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

Councilmember McPoland updated the Council on his Committee's Diversity Study.

Councilmember Gomes advised new projected completion for the Highway 4 Bypass is early Spring 2001.

Council directed staff to get new microphones and check the air conditioning system in Council Chambers.

Requests for future agenda items

Councilmember Gomes & Mayor Kidd said they would be out of town on July 11, 2000.

Council directed staff to investigate the possibility of an ordinance to prohibit pornographic type businesses from opening in Brentwood.

The Meeting convened to Closed Session at 9:50 p.m.

CLOSED SESSION

Conference with Legal Counsel—existing litigation Oregon Investors, et al. v. City of Brentwood. Government Code Section 54956.9 Removed per agenda review.

Conference with Legal Counsel concerning potential litigation; one case. Government Code Section 54956.9(b)

The meeting reconvened in open session at 10:15 p.m. with no action to report. At 10:17 p.m. the City Council meeting was adjourned to June 19, 2000 at 7:30 p.m.

Respectfully Submitted,

Cindy Goulding

Acting Minutes Clerk

City Administration
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