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BRENTWOOD CITY COUNCIL
Minutes of May 9, 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.      Proclamation proclaiming May “National Bike Month” and May 16 “Bike to Work Day” in Brentwood  

Mayor Kidd proclaimed May “National Bike Month” and May 16 “Bike to Work Day” in Brentwood.  

B.     Proclamation proclaiming May 21-27 “National Public Works Week”  

Mayor Kidd proclaimed May 21-27 “National Public Works Week”.

C.     Senator Richard Rainey

Senator Richard Rainey gave a verbal update on transportation and state budget issues.

AGENDA REVIEW

Item No. 15:     Pull from agenda and refer to CIP Subcommittee.

Item No. 24:     Pull from agenda and rescheduled to May 23, 2000.

Mayor Kidd requested that Item No. 18 be moved and heard after Item No. 12. 

M/S/C/U McPoland/Gomes to have Item No. 18 considered after Item No. 12.

CITIZEN COMMENTS

Barbara Guise, 189 Sherwood Drive, spoke to the location of the Byron City Limits sign that is located on Highway 4, and recited a letter addressed from Assemblywoman Lynn Leach stating that the sign would be relocated.  She announced that Brentwood citizen Mark White was recently named “Cemetarian of the Year” for the State of California.

Richard Coogan, 6521 Brentwood Blvd., stated his appreciation to City Manager Elam for addressing his recent concerns.

Item Nos. 4 and 10 were pulled from the Consent Calendar.

CONSENT CALENDAR

1.          Approve Minutes of April 25, 2000.

2.          Approve Warrant Nos. 50064 through 50296

3.          Authorize City Attorney to join amicus brief in Associated Home Builders of Northern California v. City of Napa.

5.         Approve Resolution No. 2069 authorizing the closure of certain streets and establishing temporary No Parking and Tow Away Zones to facilitate the Chamber of Commerce Cornfest July 7-9, 2000 and repealing Resolution No. 2002.

6.         Refer the 2000/2005 Capital Improvement Program to the Planning Commission for a Consideration of Conformance to the City’s General Plan.

7.          Approve Resolution No. 2070 approving the Final Map of Subdivision 8323 located north of Balfour Road and west of Concord Avenue, accepting the improvement security, approving the Subdivision Improvement Agreement.

8.         Approve Resolution No. 2071 approving an agreement for Purchase and Sale with Strickler Family Partnership (New Fire Station #52, CIP Project No. 336-3109).

9.       Award the construction contract for the Marsh Creek Trail Undercrossing, CIP Project No. 336-3081, to GradeTech Inc., in the amount not to exceed $63,285.00. 

11.      Approval extension of consultant contract with Linhart, Peterson, Powers and Associates for building and structural plan check services.

12.    Temporary closure of Balfour Road west of Sellers Avenue.

M/S/C/U Gomes/Petrovich approving Consent Calendar Item Nos. 1, 2, 3, 5, 6, 7, 8, 9, 11 and 12.

4.      Approve a contribution of $2,000 for an East County Bass Tournament in April 2001.

Councilmember Petrovich voiced his opposition to the expenditure of City funds on this item.

M/S/C Gomes/McPoland approving a contribution in an amount not to exceed $2,000 for an East County Bass Tournament in April of 2001.  Councilmember Petrovich voted no.

10.        Authorize the City Manager to execute a reimbursement agreement with Brookfield Homes for the design and construction of new Fire Station #52, CIP Project No. 336-3109.

Associate Engineer Wooten and Kevin Pulson of Brookfield Homes provided an update on the construction process.

M/S/C/U Gomes/Petrovich authorizing the City Manager to execute a Reimbursement Agreement with Brookfield Homes for the design and construction of proposed New Fire Station #52 and related site improvements (CIP Project No. 336-3109), authorizing an estimated fee of $1,663,558.00 and authorizing the City Manager to sign change orders in an amount not to exceed 10%.

NEW BUSINESS

18.        Consideration of request by New Beginnings Christian Center to allow processing of plans on a five (5) acre site at the new northeast corner of Jeffrey Way and Amber Lane.

Chief of Planning Leana provided an overview of the staff report.

Rev. Bell stated that it was his understanding that the property was rezoned to light industrial, upon annexation into the City, that the church property could now require a zoning amendment to comply with current zoning.  This would allow the church to permanently build on this property.  He submitted a petition from church members supporting this request, and requested that the process be expedited. 

M/S/C/U Gomes/Petrovich approving a request from New Beginnings Christian Church to allow the processing of plans on their five (5) acre site, located at the northeast corner of Jeffrey Way and Amber Lane prior to the adoption of the General Plan Update, process the amendment to allow the Conditional Use and that the process be expedited.

PUBLIC HEARING

13.        Consideration of an ordinance amending Ordinance No. 613 to allow for a 20% reduction in sewer rates for restaurants that have grease traps that are properly maintained according to City required cleaning intervals.

Councilmembers McPoland and Petrovich abstained to due a conflict of interest.

City Engineer Stevenson and Associate Engineer Bornstein provided information pertaining to the staff report.

The public hearing was opened.

Mike Harris, 2440 Palm Court, requested information pertaining to County guidelines.  Staff addressed his request.

M/S/C Young/Gomes closing the public hearing.  Councilmembers McPoland and Petrovich abstained.

M/S/C Young/Gomes introducing and waiving first reading of Ordinance No. 633 approving the amendment to Ordinance 613 to allow for a 20% reduction in sewer rates for restaurants that have grease traps, and those that are properly maintained according to City required cleaning intervals.  Councilmembers McPoland and Petrovich abstained.

14.       Consideration of an ordinance amending Chapter 14, Section 14.01.110 and 14.01.580 of the Municipal Code relating to the application fee to establish service, penalty for delinquent accounts, and payment due date for water, sewer and garbage services.

Finance Director Jones gave a brief overview of the staff report.

The public hearing was opened, with there being no one wishing to speak, it was M/S/C/U McPoland/Young to close the public hearing.

M/S/C/U Petrovich/McPoland introducing and waiving first reading of Ordinance No. 634 amending Chapter 14.01.110 and 14.01.580 of the Brentwood Municipal Code.

OLD BUSINESS

15.     Approve a resolution reserving the unused Second Street right of way north of Central Avenue for future roadway improvements and directing staff to return to Council with a detailed financial and fee credit analysis of Assessment District 86-1 before any approval of Second Street plans and specifications.

Item No. 15 was pulled, per the Agenda Review.

16.     Consideration of options regarding the placement of garbage dumpsters in alleyways.

City Manager Elam provided an overview of the staff report.  He noted a correction on Option No. 2, that should read “the dumpsters cannot be located within 100’ of alleyway entrances or exits.”

Ed Calvin, 306 Oak St., expressed concern and frustration to placing dumpsters in alleyways, and noted that through various meetings with City officials, he was told that the current location of the dumpster was satisfactory.  He requested that the dumpsters remain in their current location.

Vice Mayor Gomes wanted to ensure that the dumpsters would not block access to emergency vehicles. 

Mayor Kidd felt that the dumpsters could remain in the alleyways, possibly with modifications, such as the use of reflective tape or some type of marked designation area.  

M/S/C/U Gomes/Petrovich approving the placement of private dumpsters in public alleyways with an encroachment permit (existing dumpsters exempt from the permit fee), and with the provision that dumpsters cannot be located within 100 feet of any alleyway entrance or exit, and that the City be named as an additional insure.  Business owners will be responsible for maintaining the dumpster site by keeping it clean and orderly.

17.        Second reading of Ordinance No. 632 amending Ordinances 333 and 496 approving the adopting the amendments to the redevelopment plans for the Brentwood Redevelopment Project and the North Brentwood Redevelopment Project.

M/S/C Gomes/Young waiving second reading and adopting Ordinance No. 632 amending Ordinance Nos. 333 and 496 and approving and adopting the amendments to the Redevelopment Plans for the Brentwood Redevelopment Project and the North Brentwood Redevelopment Project.  Councilmembers McPoland and Petrovich voted no.

NEW BUSINESS

19.     Consideration of recommendations for Oak Street Safety/Downtown Parking.

City Engineer Stevenson provided an overview of the staff report.

Vice Mayor Gomes indicated that he would like to see this issue separated out into two (2) separate reports.  While he felt that downtown parking was an important issue, he wanted to see safety measures separate and requested that a report be brought before the Council from the police department, to ensure that safety issues do exist. 

Councilmember Petrovich believed that there were parking concerns on Maple Street, as well as its surrounding adjacent streets.

Councilmember McPoland agreed with the Vice Mayor, and further expressed concern to speeding vehicles within the downtown area. 

Through discussions, it was the consensus of the Council to bring this item back for further discussion as two (2) separate items, as requested by Vice Mayor Gomes.

20.            Consideration of petition from residents on Stanwick Street concerning a sound wall on Chestnut Street.

City Manager Elam provided an introduction to the staff report.

The following individuals stated their support of the contents of the petition that was attached to the staff report:

Barney Roe, 522 Stanwick St.; Fred Bender, 533 Stanwick St.; David Whitaker, 552 Stanwick St.; and Kimber Maguire, 462 Stanwick St.

Mayor Kidd requested that traffic enforcement be implemented within this area. 

Through discussions, it was the consensus of the Council to accept the petition and direct staff to bring this issue back to the Council for further discussions. 

21.            Consideration of certifying compliance with the Growth Management Program and authorizing the Mayor and City Manager to execute the Growth Management Checklist for calendar year 1998.

City Engineer Stevenson briefly explained the staff report.

M/S/C/U Petrovich/Gomes approving Resolution No. 2072 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 1998.

22.        Award Construction Contract for City of Brentwood Family Aquatic Complex Parking Area (Phase II), CIP Project No. 522-5202, and Authorize Staking, and amend the project budget.

Parks and Recreation Director Bronzan provided an overview of the staff report.

M/S/C/U McPoland/Gomes to award the construction contract to Grade Tech, Inc., in the amount not to exceed $619,300 and authorize the city manager to his designee to execute the contract and approve a 10% contingency ($61,930) on said amount; authorize the City Manager or his designee to initiate the staking work for this project by executing the agreement with MacKay & Somps in the amount not to exceed $41,000; and amend the project construction budget of the City of Brentwood Family Aquatic 1999/00 Project Budget (CIP Project #522-5202) to $6,260,430.

23.     Consideration of the installation of video security cameras in the Council Chambers.

Councilmember Young presented the staff report.

Vice Mayor Gomes supported the idea of video cameras, but wanted to ensure that signs would be posted for public knowledge.  He strongly discouraged the use of recording audio equipment.

Mayor Kidd suggested that the Council meetings be made available on the City’s web site.

 M/S/C/U Gomes/Young directing staff to obtain quotes and install video security cameras in the Council Chambers.

 24.    Consideration of an ordinance amending Title 9 relating to restrictions on canned goods or bottled beverages at public events and exhibitions.

 Item No. 24 was pulled and rescheduled to May 23, 2000.

 25.     Urban Limit Line Draft Environmental Impact Report Status Update.

 Community Development Director Oshinsky provided a brief synopsis of the staff report.

 CITIZEN COMMENTS

 Greg Robinson reminded the Council and public that the City’s Third Annual Craft & Safety Fair would be held on May 13 & 14.  

 INFORMATIONAL REPORTS FROM COUNCIL MEMBERS - None

 Requests for future agenda items

 Councilmember McPoland requested that a report regarding a ballot measure be devised for the preservation of open space and ag preserve land within the City’s planning area.

 Mayor Kidd requested a list of current development projects. 

CLOSED SESSION

 Conference with Legal Counsel anticipated litigation – Initiation of litigation pursuant to Government Code §54956(c), one case.

 The meeting was adjourned to closed session at 9:25 p.m.

 The meeting reconvened in open session at 9:44 p.m. with no action to report.

 ADJOURNMENT

 There being no further business, the City Council adjourned at 9:45 p.m. to May 11, 2000 at 6:30 p.m.

 Respectfully Submitted, Debra Lawson Minutes Clerk

City Administration
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov