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Current Council Agenda and Past Meeting Information

City of Brentwood
Minutes of September 26, 2000

Regular meeting of the City Council of the City of Brentwood was called to order at 7:30 p.m. in the City Council Chambers located at 734 Third Street, Brentwood, California, with Mayor Kidd presiding.

ROLL CALL

PRESENT: Councilmembers Gomes, McPoland, Petrovich, Young, Mayor Kidd
ABSENT: None

PRESENTATIONS 
Mayor Kidd read the Proclamation celebrating the 10th Anniversary of Habitat for Humanity and presented it to Marge Perez; who spoke briefly about possible future construction in the City.

CITIZEN COMMENTS
Bill Putman, Delta Community Services, spoke about flu shots that will be given at Delta Community Center and the Annual Barbeque. 

CONSENT CALENDAR

Approve Minutes of September 12, 2000.

Approve Warrants Nos. 52703 – 52973.

Approve a Resolution authorizing staff to initiate foreclosure action in the name of the City on delinquent assessment liens. (Pulled for further discussion)

Approve Resolution No. 2157 revising Council/Administrative Policy No. 20-9, Vacation Buy-Back to include a provision for cash conversion of accrued vacation due to a personal hardship as defined by the policy.

Approve revision to professional services agreement with RRM Design for Master Plan update. 

Approve a Resolution approving the Final Map of Subdivision 8130 (Suncal) located south of Balfour Road and west of Concord Avenue, accepting the improvement security, approving the Subdivision Improvement Agreement. (Pulled from the agenda)

Approve Ordinance No. 646 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.

Approve Ordinance No. 647 repealing Chapter 2.44 of the Municipal Code and adding Chapter 2.46 pertaining to the Arts Commission.

Approve Ordinance No. 648 amending Chapter 2.28 of the Municipal Code by adding Section 2.28.030 concerning ratio of sworn officers to city population. 

Approve Resolution No. 2158 authorizing the City Manager to execute an agreement for grant funding between the City of Brentwood and the California State Coastal Conservancy for the Marsh Creek-Griffith Habitat Enhancement project master plan.

Approve the reallocation of funds in the Wastewater Property Acquisition Fund (Fund No. 591) to the Maintenance Service Center CIP Project.

Approve Resolution No. 2159 establishing a Capital Improvement Project for “Trail Head Purchase – Centex Development” and direct staff to develop an agreement for purchase of property 

Approve Resolution No. 2160 establishing Capital Improvement Project for “Loma Vista Park Redesign” and direct staff to move forward with bidding the project. 

Authorize staff to proceed with putting Skate Park, CIP Project No. 522-5213 out to bid. (Pulled for further discussion)

Approve Resolution No. 2161 supporting the Contra Costa Community College District Facilities Bond Measure. 

Item Nos. 3, 6 and 14 were pulled from the consent calendar.

It was moved/seconded by McPoland/Young to approve Consent Calendar Items 1, 2, 4, 5, 7 – 13 and 15 as recommended by staff. Motion carried unanimously.

Item No. 3

Councilmember Petrovich asked what types of properties will be foreclosed upon.

Anita Jones, Director of Finance, explained that it is for delinquent assessments that have been delinquent for one hundred and fifty days from the date they are due. There was discussion regarding the amount and type of this item affects. Ms. Jones stated that it currently affects five residential homes. 

It was moved/seconded by Petrovich//McPoland to approve Resolution No. 2163 authorizing staff to initiate foreclosure action in the name of the City on delinquent assessment liens. Motion carried unanimously.

Item No. 6

This item was pulled from the agenda.

John Stevenson, City Engineer requested that this item be removed from the agenda as bonds for this project have not been filed with the City.

Mayor Kidd stated his concern about the developer and their involvement with school site.

Mr. Stevenson stated that he would provide copies of the construction schedule for the school site.

Item No. 14

Craig Bronzan, Director of Parks and Recreation, introduced the staff report. 

Ellen Timmerman, 720 Furrow Drive, requested that Council continue this item so that the homeowners near the project can have time to review the landscape plans before they are put out to bid.

Mayor Kidd asked how much the plans had changed since the Skate Park Taskforce had reviewed them. Mr. Bronzan stated that plans haven’t changed. He further stated that power hookups at the site are necessary for security lights outside the park, wire controllers for the landscaping, and for emergency phones on the inside of the park. Mayor Kidd also asked about the tiering that would be done for noise control, Mr. Bronzan stated that the park would be at ground level in the front against Griffith Lane and have a constant berm in the back and be a part of the landscaping. Councilmember McPoland asked about security lights. Mr. Bronzan stated the lights are for security reasons and that there wouldn’t be lights inside of the park. Councilmember Petrovich asked if it would be possible to have the lights placed at the back of the park so the light is redirected away from the residential area. Mr. Bronzan stated that they would check into that. 

It was moved/seconded by Petrovich/Gomes to authorize the staff to proceed with putting the skate park out to bid with the condition that staff has meetings with the residents before the project is sent out to bid. Motion carried unanimously. 

PUBLIC HEARINGS

Consideration of the establishment of an agricultural overlay zone within Planned Development Thirty-Five (PD-35) from Lone Tree Way south to the East Bay Municipal Utility District right-of-way, and from Fairview Avenue west to one parcel width west of Windy Springs Lane.

Mitch Oshinsky, Director of Community Development, introduced the staff report. 

Councilmember McPoland asked if there was going to be a subdivision in the center of the overlay zone. Mr. Oshinsky stated that it was and there was a letter of support from the property owner in the staff report. Mr. Oshinsky stated that this would allow current property owners to keep the animals they currently have.

Mayor Kidd opened the Public Hearing.

Karen Rogge, 2321 Windy Springs, expressed her support of this item. She also thanked the Council, Planning Commission and staff for their work on this issue.

Bill Hill, 5450 Balfour Road, asked that the Council consider adding wording to this item that would include properties that are slightly less than an acre. 

Sunny Goodier, 2329 Windy Springs Lane, stated her support of this item.

There was discussion regarding properties that are less than an acre. Ms. Rogge stated that there is one parcel that is less than an acre that she knows of. 

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

Ordinance No. 649 

An Ordinance of the City Council of the City of Brentwood for amendment of rezone 96-7, amending a portion of Planned Development (PD) Zone 35 to establish an agricultural overlay zone, and amending the Brentwood Municipal Code to add Section 17.485.001 (PD 35 Agricultural Overlay Zone). 

It was moved/seconded by Petrovich/Gomes that the full reading of Ordinance No. 649 be waived and that the same be passed on first reading as recommended by staff with and inclusion that parcels of a minimum lot size of to be 40,000 square feet. Motion passed by the following vote: 

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

Consideration of application of Beck Properties, Inc. and Mercedes Madrid to rezone an approximately 29.5 acre site from the R-1-E (Single-Family Residential Estate) District to the PD-9 (Planned Development Zone 9) District (RZ 00-04), located on the south side of San Jose Avenue and east of the State Route 4 Bypass right-of-way. A Mitigated Negative Declaration for the project has been prepared, pursuant to the California Environmental Quality Act, to assess potential environmental impacts and adoption of this environmental document will also be considered. 

Larry Lew, Associate Planner, introduced the staff report. He pointed out the differences between the two development standards and said they are minimal. 

Councilmember Gomes asked what the new proposed density would be; Mr. Lew stated that there would be less than two units per acre.

Councilmember Young asked about the fact that it is prime farmland and if it was a consideration for the additional units in the modified proposal. Mr. Lew stated that eighty-percent of the property is Class A soil. Councilmember Young asked if there was a possibility if this land could be used for agricultural uses. Mayor Kidd asked if this area is currently being cultivated. Mr. Lew stated that it has not been cultivated for ten years. 

Mayor Kidd opened the Public Hearing.

Jim Ferguson, Beck Properties, 3314 West Hammer Lane, Stockton, stated that reason for the rezone is so it will be consistent with the other project they are doing. He stated that the rezone would give them more flexibility; they plan on having large lots that will back up to Diablo Estates and use cul-de-sacs to create a more desirable neighborhood. 

Councilmember Young stated he would not be willing to approve a tentative map for prime farmland while the General Plan Update is in progress. There was discussion about the location and size of the development and its proximity to Loma Vista School. Councilmember Petrovich stated that he is not in favor of cultivating land near a school site. Mr. Oshinsky stated that this area in not affected by the General Plan Update. 

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

Councilmember McPoland asked if there had been any discussion regarding mitigating to loss of agricultural land. Mr. Oshinsky stated that as a standard condition when they undergo the environmental review that if there is prime farmland tat the loss of prime farmland has to be mitigated and the mitigation fee is used toward the acquisition of conservation easement rights, when the City adopts a agricultural enterprise program. 

Ordinance No. 650

An Ordinance of the City Council of the City of Brentwood Rezoning an approximately 29.5-acre site from the R-1-E (Single-Family Residential Estate) district to the PD-9 (Planned Development Zone 9) district, located on the south sied of San Jose Avenue and east of the State Route 4 Bypass Right of Way (RZ 00-04) and adoption of a Mitigated Negative Declaration for said project (APN 019-130-023, et.al.)

It was moved/seconded by Gomes/McPoland that the full reading of Ordinance No. 650 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, Mayor Kidd
NOES: Councilmember Young
ABSENT: None


Acceptance of State COPS funding in the amount of $107,985. 

Lieutenant Mike Davies introduced the staff report. He stated that the State is providing money for technology. 

Mayor Kidd opened the Public Hearing, there being no one else wishing to speak it was closed.

It was moved/seconded by McPoland/Gomes to accept $107,985 from the State of California COPS program. Motion carried unanimously.


Consideration of a resolution establishing a policy for the payment of warrants. 

Mr. Beougher introduced the staff report.

There was discussion about setting a limit on the amount. Councilmember McPoland stated he wasn’t in favor of paying warrants that aren’t authorized by Council.

Mayor Kidd opened the Public Hearing.

There was discussion by Council about limits and the amounts of warrants that could be paid without Council approval. 

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

Resolution No. 2163

A Resolution of the City Council of the City of Brentwood to authorize the City Manager to pay all warrants within budget limits.

It was moved/seconded by Petrovich/Gomes that the full reading of Resolution No. 2163 be waived and that the same be passed as recommended by staff with amounts not to exceed $500,000. Motion failed by the following vote:

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

It was moved/seconded by Young/Gomes that the full reading of Resolution No. 2163 be waived and that the same be passed as recommended by staff, with amounts not to exceed $250,000. Motion passed by the following vote:

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

NEW BUSINESS

Approve a Resolution awarding a construction contract for the 2000/2001 Pavement Management Program, CIP Project No. 336-3083 (00/01), to American Asphalt Repair and Resurfacing Co. Inc. in the amount of $366,979.95, grant the City Manager authority to execute change orders up to 10% of the contract amount; and authorize an increase to the project's construction budget by $400,000. 

Stephanie Gronlund, Associate Engineer, introduced the staff report. 

Mayor Kidd stated he is concerned with Central Boulevard and the entrance to Deer Creek. Mr. Stevenson stated that it can be investigated. Councilmember McPoland said he would like staff’s assurance that contractor won’t be starting and stopping work and disturbing neighborhoods. Mr. Stevenson stated the specifications have been tightened up.

Resolution No. 2164

A Resolution of the City Council of the City of Brentwood awarding the construction contract to American Asphalt Repair and Resurfacing Co. Inc. for the 2000/2001 Pavement Management Program Project, CIP Project No. 336-3083 (00/01); granting the City Manager authority to execute the agreement in the amount of $366,979.95, which includes bid alternates A, B and D, and change orders up to 10% of the contract amount; and authorizing an increase of the project’s construction budget by $400,000.

It was moved/seconded by Gomes/Young that the full reading of Resolution No. 2164 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

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

City Council took a break at 8:35 p.m. and reconvened at 8:40 p.m.

Approve a Resolution authorizing the City Manager to sign agreements with Diablo Water District and Ironhouse Sanitary District and directing staff to incorporate the associated costs into the Development Fee Program at the next annual update. 

Mr. Stevenson stated that at this time the City is still in negotiations with Diablo Water District and that negotiations with Ironhouse were about to conclude; he requested that Council authorize the City Manager to sign an agreement with Ironhouse and to hold off on the agreement with Diablo Water District until an agreement with them is reached. 

There was discussion about the ongoing negations with Diablo Water District. Mayor Kidd asked what the fee of $658 to Ironhouse was for. Mr. Stevenson stated that it was to pay Ironhouse for the over-sizing of their sewers. Councilmember McPoland stated that for the amount the Diablo Water District wants the City to pay, there should be some ownership of their water treatment plant. 

Resolution No. 2165

A Resolution of the City Council of the City of Brentwood authorizing the City Manager to sign an agreement with Ironhouse Sanitary District to serve the area south of the Neroly Road/Delta Road line and to continue negotiations with Diablo Water District.

It was moved/seconded by Gomes/Petrovich that the full reading of Resolution No. 2165 be waived and that the same be passed as recommended by staff. Motion passed by the following vote:

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

CITIZEN COMMENTS

Rick Lemyre, Brentwood Press, stated that a forum of candidates for the office of Mayor and Councilmembers in would be held in the Chambers on Friday, September 29, 2000.

Byron Bonnickson, 8460 Brentwood Boulevard, spoke about landscaping upkeep by the City.

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

Councilmember McPoland complimented the work that is being done by staff and the contractor in front of the Bank of Ag.

REQUESTS FOR FUTURE AGENDA ITEMS

Councilmember Gomes requested an item for compensation for Commissioners. 

Mayor Kidd requested an item regarding the Redevelopment Agency and the power to retain eminent domain.

At 8:45 p.m. the City Council adjourned to September 27, 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
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov