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City of Brentwood
Minutes of September 12, 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

PRESENTATIONS 

A. Patti Standley, Human Resources Manager introduced the Ken Hobbs, Lisa Smith, Gabriel Lopez, Tim Taylor, Ken DeSilva, Tina Clark as new employees, Mayor Kidd administered the oath of office.

B. Sue Barry, Recreation Manager, gave an update on the opening of the Aquatics Center. 

AGENDA REVIEW

Item No. 28 Email from Mitch Oshinsky

CITIZEN COMMENTS

Nancy Kaiser, Executive Director of Delta 2000, thanked Mayor Kidd for serving as a Co-Chair for Hunger Walk 2000, and gave a brief presentation on that program.

Wes Titlon, 1875 Pheasant Run, read a prepared statement to the City Council.

Steve Lopez, 1548 Windsor Way, spoke about the Lyon Wood Subdivision that is being built near his home and stated that it will cause additional problems with traffic and the drainage to an evaporation pond. He submitted a petition and photographs to the City Clerk. 

John Stevenson, City Engineer, stated that Flood Control District is currently working on the drainage of the property to keep it from going to the detention basin. 

Mayor Kidd asked the City Manager, to arrange a meeting with the Community Development and Engineering Departments and Mr. Lopez. Councilmember McPoland asked for a copy of the conditions of approval and the vested tentative map.

Scott Tamby, Chief Asst County Administrator, introduced Chief Mark McCullough the on-site liaison for East Diablo Fire Protection District.

Paul Gunsky, Owner of Delta Cinemas, spoke about the renovation of the theater which should reopen in October.

CONSENT CALENDAR

Approve Minutes of August 22, 2000.

Approve Warrant Nos. 52282 – 52702.

Accept maintenance responsibilities of the Havenwood Village Storm Drain Pumping Station.

Second reading and adopt Ordinance No. 645 approving the rezoning of 36.33 acres from Planned Employment Center (PEC) to Planned Development No. 47 (PD-47) by adding Chapter 17.502 to the Brentwood Municipal Code which establishes Development Standards for Subarea “A” of PD-47 Zone. (Pulled for further discussion)

Reject claim presented by Marie & Eduardo Angeles. 

Authorize payment of $31,820.25 to Louis Mangini for installation of a sprinkler system due to the construction of Sand Creek Road/O'Hara Avenue Extension (CIP Project No. 336-3055), and authorize the City Manager to execute an agreement with Louis Mangini. 

Approve a Resolution awarding a construction contract to Brown & Fesler for the improvements on Village Drive Street Lighting (CIP Project No. 336-3087) in an amount not to exceed $72,027.00, and authorizing the City Manager to execute change orders up to 10% of the contract amount. (Pulled for further discussion) 

Approve Resolution No. 2143 authorizing the City Manager to execute a Quitclaim Deed transferring any interest the City of Brentwood may have in a parcel identified as a portion of Parcel B Park Easement Subdivision No. 7642 Apple Hill Estates Phase II filed May 19, 1994 in Book 372 of Maps at Page 25, in the Office of the Recorder of Contra Costa County, California, to Apple Hill Association, a California non-profit mutual benefit corporation. 

Approve Resolution No. 2144 approving an agreement for purchase of a fee parcel, with Constance T. Sciortino, trustee of the Constance T. Sciortino Trust dated July 17, 1984, as to 60% interest and Connie Sciortino and Katherine A. Zamora, trustees, or their successors in trust, under the Constance Sciortino Charitable Remainder Unitrust, dated February 1, 1999, a forty percent (40%) unencumbered interest, and the optionor Lone Tree Partners, Currin and Martin, Martin Land Co., for a portion of real property identified as APN 017-030-004, hereby accepting real property on behalf of the City, and authorizing the Mayor or City Manager and City Clerk or any of their designees to execute the agreement, and such other documents as may be needed to complete the transaction ;including acceptance of the deed. 

Approve Resolution No. 2145 approving an agreement for purchase of a fee parcel, with Gloria J. Sciabica, surviving Co-Trustee of the Samuel and Gloria Sciabica Family Trust, under trust dated March 8, 1997, for a portion of real property identified as APN, 010-010-005 hereby accepting real property on behalf of the City, and authorizing the Mayor or City Manager and City Clerk or any of their designees to execute the agreement, and such other documents as may be needed to complete the transaction including acceptance of the deed. 

Approve Resolution No. 2146 authorizing the Mayor and City Clerk or their designees to execute a Quitclaim Deed and any other documents necessary to terminate City interest in the Offer of Dedication of portions of Road “B” also known as Continente Avenue, as shown upon that certain final map entitled “Brentwood Irrigation Farms Subdivision Number Three”, filed September 11, 1917, in Book 16 of Maps, at Page 324, Contra Costa County and conveying whatever interest the City may have in said portion of road to property owners designated in Exhibit “B” attached, only as said Roads may affect each owner’s property. 

Award the construction contract for the Brentwood Boulevard Reconstruction Phase I Project (CIP Project No. 336-3013) to Hess Concrete Construction, Inc. in an amount not to exceed $257,157.00 and authorize the City Manager to execute change orders up to 10% of the contract amount. (Pulled for further discussion)

Approve Resolution No. 2147 approving the Final Map of Subdivision 8411, Grupe Properties, Inc., located south of Balfour Road and east of Walnut Boulevard, accepting the improvement securities, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same. 

Approve Resolution No. 2148 certifying that the City of Brentwood is in compliance with the Growth Management Program and authorizing the Mayor and City Manager to execute the Growth Management Checklist for calendar year 1999. 

Approve Resolution No. 2149 authorizing the City Manager to execute Program Supplement Agreement No’s. SB98-5300(011), SB98-5300(013), SB98-5300(018), and SB99-5300(007) to State-Local Partnership Program Agreement SLTPP-5300 for State reimbursement of four transportation construction projects. 

Approve the expenditure of Information Systems CIP monies in an amount not to exceed $60,000.00 for the purchase of twelve (12) In-Car Video units to be installed in police patrol vehicles. 

Approve Resolution No. 2150 revising page 2 Memorandum of Understanding (MOU) for the Miscellaneous Office Bargaining Unit.

Approve Resolution No 2151 establishing Council/Administrative Policy No. 20-11, Work Hours. 

Approve Resolution No. 2152 establishing the Geographic Information System (GIS) Coordinator classification and reclassify one Engineering Technician II effective September 1, 2000. 

Approve Resolution No. 2153 establishing Council/Administrative Policy No. 20-12, Sick Leave – Conversion to Deferred Compensation/Cash at Retirement. 

Approve Resolution No. 2154 that authorizes a one-time exception to Council Administrative Policy No. 20-12, Sick Leave – Conversion to Deferred Compensation/cash at Retirement. 

Approve recommendation from Park and Recreation Commission for agreement with Terrapins Swim Team for use of City of Brentwood Family Aquatic Center. 

Item Nos. 4, 7, and 12 were pulled from the Consent Calendar. 

It was moved/seconded by Petrovich/Gomes to approve Consent Calendar Items 1-3, 5, 6, 8-11 and 13-22 as recommended by staff. Motion carried unanimously.

Item No. 4

Ralph Strauss, Owner SDG Architects, asked that Council reconsider the drive thru use for this project. 

Dennis Beougher, City Attorney, stated that since this is a substantial change in the wording of the Ordinance it would need to be re-noticed for an initial introduction to allow opponents to voice their opinion on it. 

It was moved/seconded by Petrovich/Gomes to re-notice the Ordinance with the wording incorporating the drive-thru by Conditional Use Permit. Motion carried unanimously.

Item No. 7

Stephanie Gronlund, Associate Engineer, introduced the staff report.

Mayor Kidd inquired about a timeline for this project. Ms. Gronlund stated it would take 120 days.

It was moved/seconded by Gomes/Petrovich to approve Resolution No. 2155 awarding the construction contract for the Village Drive Street Lighting Project (CIP No. 336-3087) to Brown & Felser, and authorizing the City Manager to execute the agreement and necessary documents in the amount of #72,027.00 and grant the City Manager authority to execute change orders up to 10% of the contract amount. Motion carried unanimously.

Item no. 12

Mr. Stevenson introduced the staff report.

Mayor Kidd inquired about the timeline for the project. Mr. Stevenson stated that the City does not currently have a timeline for the project, but that it is will to be done by the end of December.

It was moved/seconded by Gomes/ Petrovich to award the construction contract for the Brentwood Boulevard Reconstruction Phase I Project, CIP Project No. 336-3013, to Hess Concrete Construction, Inc., authorize the City Manager to execute the agreement and necessary documents in the amount of $257,157.00, and grant the City Manager authority to execute change orders up to 10% of the contract amount. Motion carried unanimously.

PUBLIC HEARINGS

Consideration of an Ordinance rezoning approximately 357-acres corresponding to Subdivision Map No. 7940 and zoning of an approximately 74-acre site corresponding to subdivision map no. 8089 to the PD-27 (Planned Development Zone 27) District located generally in the area south of the east Contra Costa County Irrigation District Main Canal, north and east of Concord Avenue, and west of Marsh Creek. 

Larry Lew, Associate Planner, introduced the staff report. 

Steve Beinke, Blackhawk Nunn, requested that the Council approve this item.

Mayor Kidd opened the Public Hearing. 

William Nielson, 2163 Concord Avenue, said he was concerned with the density of the project and the impact this project will have on the ag. core. He would like to know how many homes per acre that are going to be allowed. 

There was discussion about the housing density for this project. Mr. Lew stated that there would be three homes per acre. There was further discussion about the lot size; Mr. Lew stated that the lot size would be as small as 4,500 square feet and as large as 7,500 square feet. Mayor Kidd asked if this was consistent with the rest of the Summerset development. Mr. Lew stated that it was.

Randy Christ, 550 Creek Road, request that this development be rejected is very close to the ag. core and he felt that it is too close to the creek.

Chris Calabrisi, 622 Concord Avenue, stated that he would like to have the incentives for farming families. He asked if Concord Avenue is going to be widened he stated that traffic congestion is a problem on that street.

There was discussion on the buffer zone between the creek and this development. Mr. Lew stated there would be 150-foot buffer zone from the creek. There was further discussion on the traffic congestion that could result from this development. 

Councilmember Young asked if allowing this project would set a precedent. Mr. Beougher stated that it wouldn’t because it is consistent with the General Plan. Mr. Oshinsky stated that this project will mirror what has been done it the past. Councilmember Gomes stated that because this is a continuation of the adult community there would be less impact on traffic and schools in the area. Mayor Kidd asked Mr. Beinke where the families that are buying homes here are moving from. Mr. Beinke stated that they are moving from the Bay Area less than an hours drive from Brentwood; he also addressed the creek issue stating that improvements have been made to the creek that Blackhawk Nunn is not being reimbursed for. 

There being no one else wishing to speak the Public Hearing was closed.

Ordinance No. 646

An Ordinance of the City Council of the City of Brentwood amending in its entirety Planned Development Zone 27 (PD-27), rezoning an approximately 74-acre site corresponding to Subdivision Map No. 8089, located generally in the area south of the East Contra Costa County Irrigation District main canal, east of Fairview Avenue extension, north of Concord Avenue,and west of Marsh Creek (RZ 98-03) and adoption of a Mtigated Negative Declaration for said project (APN 010-040-006, et. al.)

It was moved/seconded by Gomes/Petrovich that the full reading of Ordinance 646 be waived and that the same be passed on first reading as recommended by staff. Motion passed by the following vote:

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

The Council took a break at 8:45 p.m. and reconvened at 8:54 p.m.

Consideration of an Ordinance replacing Chapter 2.44 of the Municipal Code and adding Chapter 2.46 pertaining to the Arts Commission. 

Craig Bronzan, Director of Parks and Recreation, introduced the staff report, he stated that there is currently money budgeted for the Arts Commission. 

Mayor Kidd opened the public hearing.

Chris Robinson, Jan Melloni, Alice Kamers, thanked the staff and City Council for their support.

Ordinance No. 647

An Ordinance of the City Council of the City of Brentwood repealing Chapter 2.44 in its entirety and adding Chapter 2.46 to the Municipal Code pertaining to the Arts Commission.

It was moved/seconded by Gomes/Petrovich that the full reading of Ordinance 647 be waived and that the same be passed on first reading as recommended by staff. Motion passed by the following vote:

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

Consideration of an Ordinance amending Chapter 2.28 of the Municipal Code by adding Section 2.28.030 concerning ratio of sworn officers to city population. 

Mr. Beougher introduced the staff report and stated he felt that a paragraph should be added to the end of the Ordinance stating that the most reliable estimates as annually approved by the City Council in April of each calendar year, so that the population would be set as part of the budgetary process.

There was discussion about different ways to set the population of the City. Councilmember McPoland stated he would like to see the population set every six months. Councilmember Gomes would not like to see a time restraint set on the Ordinance. Mr. Beougher stated that there are budgetary issues regarding this Ordinance. There was discussion about setting the population semi-annually and the length of time it takes to hire a police officer. Mayor Gomes stated he felt the way the draft ordinance reads is fine without any changes. 

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

Ordinance 648

An Ordinance of the City Council of Brentwood to amend Chapter 2.28 by adding 2.28.030 concerning ratio of sworn officers to City population 

It was moved/seconded by Petrovich/Gomes to waive the full reading of Ordinance 648 be waived and that the same be passed on first reading as recommended by staff. Motion passed by the following vote:

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

Consideration of an Ordinance amending Chapter 2.08, Section 2.08.010 of the Municipal Code pertaining to monthly compensation for members of the City Council. 

Jim Dotts, Chairman of the Brentwood Advisory Neighborhood Committee, introduced the staff report.

Mayor Kidd opened public hearing. 

Bill Putman, 1220 Tidewater Court, asked that Council consider a salary increase for Planning Commissioners.

Councilmember Gomes requested that staff check into salaries for the Planning and Park and Recreation Commission.

It was moved by Gomes/Kidd to adopt the Ordinance amending Chapter 2.08, Section 2.08.010 of the Municipal Code pertaining to the Monthly Compensation of members of the City Council. Motion failed with Councilmembers McPoland, Young and Petrovich voting no.

OLD BUSINESS

 Approve a Resolution confirming exterior color changes to buildings shall continue to be reviewed and approved by the City. 

Mr. Oshinsky introduced the staff report and gave an update on a building downtown and a letter that was received from the building owner’s attorney. 

Mr. Elam clarified that the Resolution and the building downtown is two separate issues. 

Ed Calvin, owner of Not Only Baja, stated his opposition to the proposed resolution. He felt that business owners should have the freedom to paint their buildings as they see fit. 

There was discussion about the image of the downtown area. Councilmember Petrovich stated his opposition to the color of Not Only Baja for the downtown area and felt it should conform to the rest of the buildings. Councilmember Gomes felt the City needs some control over the image of the Downtown area. Councilmember Young felt this is a reasonable Resolution. Councilmember McPoland stated that the City should give downtown building owners some leeway in the colors of their buildings. Mayor Kidd stated that as a Councilmember he doesn’t want to have to determine the color of buildings.

Resolution No. 2156

A Resolution of the City Council of the City of Brentwood to confirm that exterior color changes to buildings shall continue to be reviewed and approved by the City.

It was moved/seconded by Gomes/Young to that full reading of Resolution No. 2156 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

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

Authorize the Brentwood Advisory Neighborhood Committee to study a Downtown Preservation Program. 

Mr. Elam introduced the staff report and required direction from the Council. He recommended that this item come back to Council when there is staff free to work on this. Councilmember Young said there are historic buildings in the City and there needs to be something done to save them.

There was discussion about the availability of staff to work on this issue. Mr. Beougher stated that until there is time to work on Historic Preservation the Historic properties could be added to the General Plan Amendment so they can’t be destroyed. Council directed staff to bring back a legal description of a Historic Building.

NEW BUSINESS

Presentation and direction concerning support to fund the trails system through a public vote. 

Craig Bronzan, Director of Parks and Recreation, introduced the staff report and gave a visual presentation. He stated that the City is currently collecting money from developers for trails and that when the City reaches build-out the trail system would be complete. He stated that if the City were to connect all existing trails at this time it would cost the $14 million; and if the City were to just connect trails to the schools it would be $11 million.

There was discussion about different avenues that could be used to develop trails and who would use them. Councilmember McPoland stated that in the recent survey conducted by the City only 50% of residents were in favor of funding a trail system. There was discussion about educating the community about trails and integrated trail systems. Mayor Kidd stated that, at this time, he is not in favor of putting this item to a vote.

Councilmember Gomes asked if there was a funding process in place for this, and stated he would like to have it revisited in a year. Mayor Kidd stated that the City had higher priorities at this time. There was discussion about the lack of public support. Councilmember Gomes suggested talking to the school district talking to the school districts to see about a combined effort with the City. Councilmember Gomes also suggested that the Community Development require developers to have trails they build hook to other trails. 

Authorize staff to initiate amendment of Housing Element of the General Plan to allow new multi-family development within the Downtown neighborhood, which exhibits an over-concentration of lower income households. 

Mr. Oshinsky introduced the staff report. 
Councilmember McPoland requested language as to what those units would be; with the City having the authority to remove graffiti and abandoned cars. 

Mayor Kidd said he would support this if one of two options were to take place. Option one, replacement of existing blighted multi-family housing or Option two, there be residential development over retail. 

Bruce Ghiselli, 402 Sherwood Drive, stated that this should go to the General Plan Working Group with guidelines disperse over-saturation. He felt that this should be studied to see how it would affect the original Housing Element. 

Mr. Oshinsky said this was a simple change to the Housing Element and it did need to go through Public Hearings with both the Planning Commission and City Council, but that it shouldn’t take more than two months.

Gil Dominguez, California Design Group 3859 Walnut Boulevard, stated that he had been approached by a property owner that has property on First and Birch Streets and that owner would like to tear down the current housing and develop something nicer. 

It was moved/seconded by Gomes/Petrovich to authorize staff to initiate an amendment of Housing Element of the General Plan to allow new multi-family development within the Downtown neighborhood, which exhibits an over-concentration of lower income households. Motion carried unanimously.

CITIZEN COMMENTS

Greg Robinson, Cornfest Committee, gave an update on the Cornfest Volunteer Appreciation day. He also said that he was in favor of property owners being able to choose their own colors for buildings in the downtown area.

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

REQUESTS FOR FUTURE AGENDA ITEMS

Councilmember McPoland requested an item on the park in the Morrison Homes area.

Mayor Kidd requested a presentation from staff on the Conditional Use Permit monitoring process.


The Redevelopment Agency meeting was convened at 10:10 p.m.

The City Council adjourned to Closed Session at 10:21 p.m.

CLOSED SESSION

Conference with Legal Counsel – Existing litigation pursuant to Government Code §54956.9(a):
City of Brentwood v. Contra Costa County concerning an amendment to the Contra Costa County General Plan to modify the Urban Limit

The meeting reconvened in Open Session at 10:30 p.m., with no action to report. There being no further business the meeting was adjourned at 10:30 p.m.

Respectfully submitted, Margaret Wimberly, Administrative Assistant

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov