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City of Brentwood
Minutes of October 24, 2000

A 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

AGENDA REVIEW

Motion to add the following item to the consent calendar on the basis that the item came to the attention of staff after the agenda was posted. (Gov’t Code 56956).

Item No. 9A Approval of a resolution agreeing to the requirements of the State Water Resources Control Board zero-percent interest loan program for the construction of the Wastewater Treatment Plant Expansion Project, CIP Project No. 592-5911. (J. Stevenson/P. Eldredge)

It was moved/seconded by Gomes/McPoland to add the foregoing item as item No. 9A to the agenda. Motion carried unanimously.

CITIZEN COMMENTS

Forrest Treat, 3042 Hudson Drive, stated his disapproval of the work done by Kaufman and Broad in the Spirit and Glory subdivision. He submitted a petition regarding the color that one home in the subdivision had been painted.

Brent Aasen, Equus Group, complimented Debra Galey, Permit Tech, on the work she does and her level of customer service.

CONSENT CALENDAR

  1. Approved Minutes of October 10, 2000.

  2. Approved Resolution No. 2178 transferring the positions of Water Service Worker I/II and Water Customer Service Technician, currently part of the 2000/01 City budget funded by the Water Enterprise Fund, from the Public Works Water Division to Finance and Information Systems, Utility Billing Division. 

  3. Approved Resolution No 2179 authorizing the City Manager to enter an agreement with Brown/Caldwell and Associates for the preparation of an Urban Water Management Plan. 

  4. Approved Resolution No. 2180 approving an agreement for purchase of a fee parcel, with Ed Austin, a single man and Starlene Austin, a single woman, as their interest may appear, for a portion of real property identified as APN, 010-010-002 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. 

  5. Approved Resolution No. 2181 approving an agreement for purchase of a fee parcel, with James Tachella, by Decree of Distribution, recorded January 18, 2000, and the optionor Ponderosa Homes II, Inc., for a portion of real property identified as APN 017-030-003, 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. 

  6. Approved Resolution No. 2182 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.

  7. Approved Resolution No. 2183 authorizing the City Manager and City Clerk or their designees to execute an Easement Quitclaim Deed and any other documents necessary to terminate City interest in a parcel of land owned by William H. Benson and Joy E. Benson, husband and wife, as joint tenants, known as 61 Minnesota Avenue and identified as APN 012-030-027, and conveying whatever interest the City may have in said parcel to the vested property owners.

  8. Approved Resolution No. 2184 authorizing the City Manager to execute contract amendments for the extension of time for 14 professional design and service agreements. The Amendments will reflect a new contract termination date of June 30, 2001. 

  9. Approved Resolution No. 2185 updating the City’s Investment Policy. 

    9A.   Approved Resolution No. 2186 agreeing to the requirements of the State Water Resources Control Board zero-percent interest loan program for the construction of the Wastewater Treatment Plant Expansion Project, CIP Project No. 592-5911

It was moved/seconded by McPoland/Petrovich to approve the Consent Calendar as recommended by staff. Motion carried unanimously. 

PUBLIC HEARINGS

  1. Consideration of an ordinance approving Rezone 00-13, creating standards for Outdoor Dining and Merchandise Display uses in the public right of way in the Central Business Zone. 

    Mitch Oshinsky, Community Development Director, introduced the staff report

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

    Councilmember Petrovich said he felt that outdoor seating and merchandise is appealing to residents.

    Ordinance No. 651

    An Ordinance of the City Council of the City of Brentwood for rezone 00-13, creating Zoning Ordinance Chapter 17.900, standards for outdoor dining uses and merchandise displays in the Central Business District Zone Public Right of Way, and amending Chapter 17.280, Central Business Zone 

    It was moved/seconded by Gomes/young that the first reading of Ordinance 651 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

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

  2. Consideration of an ordinance amending Chapter 8, Section 8.36.30 of the Brentwood Municipal Code pertaining restrictions on tobacco advertising and promotion. 

    Dennis Beougher, City Attorney, introduced the staff report.

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

    Ordinance No. 652

    An Ordinance of the City Council of the City of Brentwood to amend Chapter 8.36 by adding 8.36.30 (E) to exempt businesses that include tobacco in its name from advertising restrictions as to its identity signs and commercial center signs 

    It was moved/seconded by McPoland/Gomes that the first reading of Ordinance No. 652 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

The Redevelopment Agency meeting was called to order at 7:46 p.m.

The City Council adjourned to Closed Session at 7:50 p.m.

CLOSED SESSION
Conference with Legal Counsel – Potential litigation pursuant to Government Code §54956.9(b):
One case

The meeting reconvened in Open Session at 7:55 p.m., with no action to report. There being no further business the meeting was adjourned at 7:56 p.m. to November 1, 2000 at 7:00 p.m.

Respectfully submitted, Margaret Wimberly, Administrative Assistant II

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