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Current Council Agenda and Past Meeting Information

Brentwood City Council
Minutes of July 11, 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, Young, Mayor Kidd
ABSENT: Councilmember Petrovich

PRESENTATIONS 

A. New employee introductions and oaths of office.

Larry Shaw, Chief of Police, introduced new Police Officer, Douglas Silva. Patti Standley, Human Resources Supervisor, Introduced Joey Ruiz, Kimberly Fuentes, Sam Peris, Robert Shatting, Mike Merizon, and Gabe Lopez as new employees with the City of Brentwood. Mayor Kidd administered the oath.

AGENDA REVIEW 

Item No. 4   Copy of agreement.
Item No. 5   Pull from agenda.
Item No. 11   Request from Architecture Resources Collaborative that the appeal date for CUP 89-14B & V 00-03 be set for August 8, 2000.
Item No. 14   Memo from Community Development concerning the agenda title and requested action.

CITIZEN COMMENTS

Byron Bonnickson expressed concern with the condition of the flags located at City Hall and the Police Department. He was also commented on landscaping that he felt needed attention in various areas of the City.

Barbara Guise, Tri Delta Transit, gave an update on use of buses for the Concert in the Park and Cornfest and she also spoke about the express bus to Livermore Labs.

Beverly Anderson, Manager Delta Cinemas, gave an update on the marquee in front of Delta Cinemas, and requested funding from the City. She also requested three-hour parking on 1st Street and one-hour parking on Oak Street; several of her customers have received parking citations due to the length of the movies. John Stevenson, City Engineer, was directed to look into this.

CONSENT CALENDAR

1. Approve Minutes of June 27, 2000.

2. Approve Warrant Nos. 51352 – 51279.

3. Authorize the City Manager to execute the attached Assignment of certain rights provided in a Development Agreement, dated 5/25/99, from Kaufman & Broad of Northern California, Frank Sciortino, and the Estate of Theodore Sciortino for approximately 89 acres, generally located on the west side of Walnut Boulevard and south of Continente Avenue. 

4. Authorize the City Engineer to execute an agreement for an amount not to exceed $1,299,220 between G.S. Dodson & Associates and the City of Brentwood to provide Office Engineering Services During Construction for the Wastewater Treatment Plant Expansion Project including but not limited to submittal reviews, RFI’s, contract document clarification, evaluation of substitutions, environmental compliance, geotechnical and electrical field services, plant startup and record drawings and authorize the City Manager to execute change orders up to 5% of the contract amount

5. Award of contract to Harris and Associates in the amount of $473,721.37 for design of Brentwood Boulevard Widening (ISTEA), CIP Project No. 336-3054. (Pulled from agenda)

6. Approve an agreement with Contra Costa County and East Diablo Fire Protection District (EDFPD) for lease of New Fire Station #52 (CIP No. 336-3109) and authorize the City Manager to execute the agreement.

7. Approve Resolution No. 2110 approving the Amended Contra Costa Joint Municipal NPDES Program Agreement (1998-2003) to include the City of Oakley. 

8. Approve Resolution No. 2111 approving a Reimbursement Agreement with Hofmann Land Development Company for costs associated with Master Plan Facility Improvements for Subdivisions 8055 and 8176 in Spa ‘L’. 

9. Approve a Resolution No. 2112 approving a Reimbursement Agreement with Pulte Home Corporation and William Lyon Homes for construction of trail along eastern boundary of Subdivisions 8196, 8197 and 8178 in Spa ‘L’. 

10. Approve a Resolution No. 2113 supporting Senate Bill 1809, the Balanced Transportation for Livable Communities Act of 2000. 

11. Set August 8, 2000 as the public hearing for the appeal of a Planning Commission decision denying CUP 89-14B and Variance 00-03; Tower Mart, 8750 Brentwood Blvd. 

12. Second reading of Ordinance No. 637 amending Title 12 (streets, sidewalks and public places) of the Municipal Code by adding a new Chapter 12.30 relating to the regulation of newsracks in public right of way.

Item No. 5 was pulled from the Agenda.

Item Nos. 1 and 2 were pulled from the Consent Calendar. 

It was moved/seconded by Gomes/McPoland approving Consent Calendar Items 3,4 and 6-12 as recommended by staff. Motion carried unanimously with Councilmember Petrovich absent.

Item No. 1
Councilmember Gomes was absent at this meeting.

It was moved/seconded by McPoland/Young to approve the Minutes of June 27, 2000. Motion carried with Councilmember Gomes abstaining and Councilmember Petrovich absent.

Item No. 2
Councilmember McPoland felt said he would abstain from voting because his business received one of the warrants.

It was moved/seconded by Gomes/Young to approve Warrant Nos. 51352-51279. Motion carried with Councilmember McPoland abstaining and Councilmember Petrovich absent.


PUBLIC HEARINGS

13. Consideration of a resolution confirming annexations and formations within Landscape and Lighting Assessment Districts and the Citywide Park Maintenance District for Fiscal Year 2000/01 Budget. 

Pam Ehler, Assistant Finance Director, spoke about the LLD’s fiscal year 2000\01 and advised that there were no protests received.

Mayor Kidd opened the public hearing, there being no one wishing to speak the public hearing was closed.

Resolution No. 2114 

A resolution of the City Council of the City of Brentwood confirming assessment diagram and assessment roll and levying assessment for fiscal year 2000/01 for Landscape and Lighting Assessment Districts No. 94-1, 95-2, 95-3, 95-4, 95-5, 95-6, 95-7, 95-8, 97-1, 97-2, 97-3, 98-3, 98-4, 98-5, 99-3, 99-4, 99-5, 99-6, 99-7, 99-8, 99-9, 00-2, 00-3, 00-4, and Citywide Park Maintenance District No. 98-1 (pursuant to the Landscaping and Lighting Act of 1972).

It was moved/seconded by Gomes/Young that full reading of Resolution No. 2114 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

AYES: Councilmembers Gomes, McPoland, Young, Mayor Kidd
NOES: None
ABSENT: Councilmember Petrovich

14. Consideration of an ordinance amending PD-13 by adding development standards for Botelho Properties on 4.25 acres located east of Guthrie Land and South of Balfour Road. 

Jeff Zilm, Associate Planner, gave a brief presentation on the PD standards for PD 13. 

Mayor Kidd opened the public hearing, there being no one wishing to speak the public hearing was closed.

Councilmember Gomes asked why the amendment to PD 13 was needed and if it was to change land use.

Mr. Zilm explained that there would be no change in land use. 

Ordinance No. 639

An ordinance of the City Council of the City of Brentwood to amend Planned Development No. 13 by adding development standard for the Fahmy Property to subdivide 4.25 acres into 14 newly created single family residential lots and one existing .0673 acre single family residential lot located east of Guthrie Lane and South of Balfour Road. (APN 010-150-035)

It was moved/seconded by Gomes/McPoland that the full reading of Ordinance No. 639 be waived and that the same be adopted on first reading as recommended by Staff. Motion passed by the following vote:

AYES: Councilmembers Gomes, McPoland, Young, Mayor Kidd
NOES: None
ABSENT: Councilmember Petrovich

NEW BUSINESS

15. Discussion concerning property at 1348 Berry Lane. 

Jon Elam, City Manager gave a brief overview of the meeting he had with the residents of Berry Lane.

Bertha Ruiz, 1430 Mandarin Court, spoke on behalf of the six families who reside in the apartments at Berry Lane. She spoke about the several conditions at the apartments which include; a recent raise in rent of almost 50% and the lack of repairs.

Randy Kidwell, Chief Building Official, explained that he had been to the complex and found that it had gone 12 years with no repair and that the carpets, flooring and paint are worn, the plaster on the ceiling needed repair. He said that the units are all in a state of disrepair.

A videotape of the apartment complex, brought in by Bertha Ruiz, was shown to Council. 
There was discussion on the need for rent control and the lack of low income housing in the City.

Mayor Kidd advised that he would write a letter to the property owner asking for repairs in these units.

16. Discussion of salaries for the Mayor and Councilmembers. 

Mr. Elam stated that the Personnel Sub-Committee had raised this issue. He recommended that this issue be given to the Brentwood Neighborhood Advisory Committee for review and recommendation.

Councilmember McPoland stated his opposition to this item.

Councilmember Gomes stated that he is not eligible for certain benefits available to other Councilmembers because he is already enrolled with Cal-PERS through his current employment. He would like to have a cafeteria plan set up so that all Councilmembers receive the same amount of benefits.

Mayor Kidd said he would like this done in place for the new council. He would like it brought to a committee for review and asked if the Neighborhood Committee would be willing to do this.

Jim Dotts, Chairman of the Brentwood Neighborhood Committee, stated that the Committee would be willing to do it with some back up work from the City.

Dennis Beougher, City Attorney, stated that there was a time limit if it was to be done in time for the November election and that it would need to be adopted by an ordinance.

It was moved/seconded by Gomes/Young that the issue of salary increases for the Mayor and Councilmembers be directed to the Brentwood Neighborhood Advisory Committee for review and recommendation. The Motion carried with Councilmember McPoland voting no and Councilmember Petrovich absent.

CITIZEN COMMENTS - None

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS - None


REQUESTS FOR FUTURE AGENDA ITEM

Councilmember Gomes requested that staff bring back a recommendation for a rent control ordinance.

Council took a break at 9:00 p.m. and reconvened to Closed Session at 9:07 p.m.

CLOSED SESSION

Conference with Legal Counsel — existing litigation Oregon Investors, et al. v. City of Brentwood per Government Code §54956.9(a)

Conference with Legal Counsel — initiation of litigation, 1 case per Government Code §54956.9(c)

The meeting reconvened in open session at 9:18 p.m. with no action to report.

At 9:20 p.m. the City Council meeting was adjourned to July 19, 2000 at 7:00 p.m.

Respectfully submitted, Margaret Wimberly, Administrative Assistant

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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