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BRENTWOOD CITY COUNCIL
Minutes of November 23, 1999

A regular meeting of the City Council of the City of Brentwood was called to order at the hour of 7:00 p.m., in the City Council Chambers located at 734 Third Street, Brentwood, California, with Mayor Kidd presiding.

The meeting adjourned to closed session at 7:00 p.m.

ROLL CALL
Present: Councilmembers Gomes, McPoland, Petrovich, Young (arrived at 7:05 p.m.), and Mayor Kidd.

Absent: None.

OTHERS PRESENT: City Manager Elam, City Engineer Stevenson, Community Development Director Oshinsky, City Clerk Diaz and City Attorney Anderson.

CLOSED SESSION:
Conference with real Legal Counsel - Existing litigation pursuant to Government Code Section 56956.9(a): Judy Letbetter, et al., v. City of Brentwood; U.S. District Court for the Northern District Case No. C99-4472.

The meeting reconvened in open session at 7:30 p.m. with no reportable action.

AGENDA REVIEW

1. Item No. 15: Pull item as requested by Brent Aasen of the Equus Group.

M/S/C/U McPoland/Young to pull Item No. 15.

2. Staff requested the City Council to make a motion to add the following items on the agenda on the basis that there is a need to take immediate action and that the need for action came to the attention of staff after the agenda was posted (Government Code Section 24954.23(b)(2):

A. Add Closed Session Conference with Real Property Negotiator pursuant to Government Code Section 56956.8:

1) Property: 900 Minnesota Avenue, Brentwood

Negotiating parties: Jon Elam Under negotiation: Purchase Price

2) Property: 604 First Street, Brentwood

Negotiating parties: Jon Elam

Under negotiation: Purchase Price

M/S/C/U McPoland/Petrovich to add two (2) Closed Session items.

B. Add Item No. 17: This additional item will be considered after the closed session. Consideration of a resolution authorizing the City Manager and the Right of Way Agency to prepare and execute an agreement for the purchase and sale with Lois Ann Burtee for real property located at 159 Sycamore Avenue.

M/S/C/U McPoland/Gomes adding Item No. 17 to the agenda for action.

CITIZEN COMMENTS:
DARNELL TURNER, NAACP, stated his appreciation to Mayor Kidd for the meeting that was held on November 20, 1999 and further stated that he looked forward to future meetings and a positive resolution to this issue.

BARBARA GUISE, reported that Tri-Delta Transit had approximately 10,000 passengers on October 6, and felt this was a positive move for the future.

CONSENT CALENDAR:

1. Approval of Minutes of November 9, 1999.

2. Approval of Warrant Nos. 47016 - 47265.

3. Approval of Resolution No. 99-233 granting the temporary closure of certain streets to facilitate the 1999 Sociedad Guadalupana de Brentwood, Immaculate Heart of Mary Church Pilgrimage Parade on Sunday, December 12, 1999.

4. Approval of Resolution No. 99-234 authorizing the temporary closure of certain streets to facilitate the 1999 Chamber of Commerce holiday parade and the Brentwood Advisory Neighborhood Committee Christmas Tree Lighting Ceremony on December 27, 1999.

5. Approval of Resolution No. 99-235 adopting pay philosophy as recommended by L.B. Hayhurst & Associates, Compensation and Classification Study.

6. Approval of Resolution No. 99-236 clarifying a Negative Declaration for a large volume Solid Waste Transfer Facility in compliance with the California Environmental Quality Act.

7. Approval of Resolution No. 99-237 approving a reimbursement agreement with Beck Properties, Inc., Subdivision 7975 for costs associated with Master Plan Facility Improvements.

8. Approval of Resolution No. 99-238 approving a reimbursement agreement with Ryder Homes Subdivision 7844 for costs associated with Master Plan Facility Improvements.

9. Approval of Resolution No. 99-239 authorizing the execution of a Quitclaim Deed terminating City interest in the Offer of Dedication of Roads "C" and "D" as shown in the final map entitled "Subdivision Number Four of Brentwood Irrigation Farms".

10. Authorize the City Manager to execute a CDBG Project Agreement with Contra Costa County for the Orchard Drive Area Infrastructure Project and allocated $73,672 in redevelopment funds to fulfill the matching fund requirement.

11. Authorize the City Manager to execute a CDBG Project Agreement with Contra Costa County for the Village Drive Area Lighting Project.

12. Reappoint Ron Heinrich as the City's representative on the County Library Committee and appoint Marilyn Long as the alternate.

13. Authorize the City Manager to close city offices at 3:00 p.m. on December 10, 1999 for the City's Holiday gathering.

M/S/C/U Petrovich/Gomes approving Consent Calendar as submitted.

NEW BUSINESS:

14. Approve the designation change of CIP Project "Gymnasium Project II" to "Liberty Union High School Gymnasium Project"

Park and Recreation Director Bronzan gave an overview of the Staff Report.

Councilmember Petrovich advocated that this gym remain as a school gym, and felt that monies should be put towards the construction of a community facility with no use restrictions.

Councilmember McPoland stated his approval of this item.

Dan Smith, LUHS Superintendent, stated his appreciation to the Council for the efforts and support on this issue.

For the record, Councilmember Petrovich reiterated his concerns and noted that he was not opposed to the construction of the gym, but was opposed to its proposed use.

M/S/C Gomes/McPoland approving to change the designation of CIP Project "Gymnasium Project II" to "Liberty Union High School Gymnasium Project". NAY: Councilmember Petrovich

15. Authorize staff to incorporate the phased construction of Second Street in the conditions of approval for the office park proposed at the northeast corner of Central Boulevard and O'Hara Avenue.

M/S/C/U McPoland/Young to pull and continue this item to a later date.

16. Consideration of an ordinance repealing Chapter 9.68; Juvenile Curfews in its entirety and readopting said Chapter of the Brentwood Municipal Code.

Police Chief Shaw gave a brief synopsis of the Staff Report.

M/S/C/U Gomes/McPoland that full reading of Ordinance No. 625 be waived and that the same be passed on first reading repealing and readopting Chapter 9.68 in its entirety of the Brentwood Municipal Code relating to juvenile curfews.

CITIZEN COMMENTS: None.

CITY MANAGER REPORTS: None.

INFORMATIONAL REPORTS FROM COUNCILMEMBERS:

Vice Mayor Gomes reported on a State Highway 4 Bypass meeting, and pointed out that a target completion date has been set for the year 2004.

REQUESTS FOR FUTURE AGENDA ITEMS: None.

The City Council adjourned into Closed Session at 8:00 p.m.

CLOSED SESSION:

Conference with Real Property Negotiator pursuant to Government Code Section 56956.8:

1) Property: 900 Minnesota Avenue, Brentwood

Negotiating parties: Jon Elam

Under negotiation: Purchase price

2) Property: 604 First Street, Brentwood

Negotiating parties: Jon Elam

Under negotiation: Purchase price

The City Council meeting reconvened at 8:12 p.m.

17. Consideration of a resolution authorizing the City Manager and the Right of Way Agent to prepare and execute an agreement for the purchase and sale with Lois Ann Burtee for real property located at 159 Sycamore Avenue.

M/S/C/U Gomes/Petrovich passing Resolution No. 99-240 authorizing the City Manager and the Right of Way Agent to prepare and execute an agreement for the purchase and sale with Lois Ann Burtee for real property located at 150 Sycamore Avenue.

ADJOURNMENT

There being no further business, the City Council adjourned at 8:14 p.m. to the next regularly scheduled meeting of December 14, 1999 to be held in the City Council Chambers, 734 Third Street, Brentwood.

Respectfully Submitted

Debra Lawson

City of Brentwood

Minutes Clerk

City Administration
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