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City of Brentwood
Minutes of March 27, 2001

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 McPoland presiding.

ROLL CALL

PRESENT: Councilmembers Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
ABSENT: None 

7:00 P.M. 
CLOSED SESSION
Conference with Legal Counsel - existing litigation pursuant to Gov’t Code Section 54956.9(a): Judy Letbetter; et al. vs. City of Brentwood, et al.; United States District Court Northern District of California; Case No. C-99-4472-SBA

Conference with Legal Counsel - Pending litigation pursuant to Gov’t Code Section 54957(e): Anita Jones vs. City of Brentwood

7:30 P.M. 
CALL TO ORDER 

PRESENTATIONS 

Paul Slay, Police Sergeant, gave a presentation of the use of Automated External Defibrillators. He stated that the save rate can increase from five percent with the use of CPR to thirty-percent with the use of the Automated External Defibrillators. He gave a demonstration on the use of this item. He stated that they were currently planning to purchase four units, one for each supervisor unit, and one for training purposes.

Councilmember Hill stated that he was familiar with this technology and felt that it would be a benefit to the community. He felt that they should be put in any City facility where it would be feasible. 

Officer Slay stated the Risk Management has taken a neutral stance on this issue and that as long as training is provided it is no different than providing CPR. The unit does an internal self-check every day at 3:00 a.m. and stated he felt confident with the product.

Councilmember Gomes stated that when the City personnel were trained that this system should be provided immediately after training, and to have one placed at the Solid Waste treatment area because of its location. 

AGENDA REVIEW

Item No. 19 Additional correspondences.

CITIZEN COMMENTS

Dave McGuiness, 2401 Santa Cruz Court, Discovery Bay, felt that the fee charged to obtain a release form from the Police Department for an impounded vehicle was excessive. 

CONSENT CALENDAR

Approved Minutes of March 13, 2001. 

Approved Resolution No. 2256 approving an agreement for purchase of a fee parcel, with Frank A. Maggiore, Martin Maggiore and Cindi Brown as Successor Co-Trustees of the Franklin A. Maggiore Trust created under the Last Will and Testament of Orazio R. Maggiore, deceased and by Decree of Distribution of the estate, a certified copy of which was recorded August 16, 1972, Book 6726, Page 166, for a portion of real property identified as APN 019-091-029, 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.

Awarded the construction contract for Well #14, CIP Project No. 562-5615, to Clayborn Contracting Group, Inc., and authorize the City Manager to execute the agreement and necessary documents in the amount of $301,828.00 and grant the City Manager authority to execute change orders up to 10% of the contract amount.

Approved Resolution No. 2257 approving the Final Map of Subdivision 8462 (Standard Pacific Corporation) located south of Balfour Road and east of Fairview Avenue, accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same. 

Authorize the funding of $50,000 to PG&E for the engineering of relocation of 22” high-pressure gas transmission line for the Sand Creek (Central), CIP Project No. 336-3061. (Pulled for further discussion)

Approved Resolution No. 2258 authorizing the closure to certain streets in order to facilitate the Immaculate Heart of Mary Church Easter Pilgrimage on Friday, April 13, 2001.

Approve the City of Brentwood’s Youth Commission Youth Interest Survey. (Pulled for further discussion)

Approved Resolution No. 2259 declaring official intent to reimburse $2.5 million in capital expenditures for the property located at 101 West Sand Creek Road from proceeds of indebtedness.

Approve the creation of a subcommittee for special park projects with the designation of Mayor Mc Poland and Councilmember Petrovich as members. (Pulled for further discussion)

Appointed Drew Hanson to the Neighborhood Committee to fill a vacancy created by an appointment to the Planning Commission. 

Approved Resolution No. 2260 authorizing the City Manager to purchase long lead time traffic signal equipment in the amount not to exceed $75,000 for the Central Boulevard/Griffith Lane Signal, CIP Project No. 336-3057, and amend the CIP budget to reflect expenditures to be made during this fiscal year.

Authorized the City Manager to send a petition to PUC to protest the Suspension of Undergrounding Projects Funded by Rule 20A. 

Appoint Karen Rarey as the City’s representative to the Contra Costa County Transportation Authority’s (CCTA) Citizen Advisory Committee. (Pulled for further discussion)

Item nos. 5, 7, 9, and 13 were pulled from the Consent Calendar for further discussion. 

It was moved/seconded by Hill/Gomes to approve Consent Calendar 1-4, 6, 8, and 10-12. Motion carried unanimously. 

Item No. 5

Mayor McPoland expressed concern with the timing of this project. 

John Stevenson, City Engineer, stated this item would pay for the design and materials of the project and should be completed at the end of July. 

It was moved/seconded by Gomes/Hill to authorize the funding of $50,000 to Pacific Gas & Electric Company (PG&E) for the engineering of relocation of 22" high-pressure gas transmission line for the Sand Creek Road - Central (CIP Project No. 336-3061). Motion carried unanimously. 

 Item No. 7

Coree Brown, Youth Commissioner, stated she had attended a youth conference and the City of Inglewood had done a survey to assess needs of the youth in their community. The Youth Commission survey would emulate the one that was done in Inglewood; and by circulating the survey at Edna Hill Middle School, Bristow Middle School, and Liberty High School, they would reach a variety of age groups.

Councilmember Hill asked how they planned to gather input.

She stated that they were planning to meet with the superintendents and the principals to find a way to do this with the least amount of classroom interruptions. 

Mayor McPoland stated his support of this item.

It was moved/seconded by McPoland/Gomes to approve the Youth Commission’s Youth Interest Survey. Motion carried unanimously.

Item No. 9

Karen Rarey, 4677 Nunn Street, stated her support of this item, and suggested that up to two members of the Park and Recreation Commission be invited to participate. 

Councilmember Hill asked why this is a necessity and the future of the subcommittee.

Councilmember Petrovich said this would allow the members to discuss a land lease from East Bay Municipal Utilities District (EBMUD) regarding the three hundred acres of land they own on Bixler Road and Byron Highway and they were willing to lease approximately fifty-acres of flat ground to the City for one dollar per year. He stated this committee would enable them to meet with the EBMUD Board and their real estate department and outline where the property would be. He stated the Parks Commission would be included in these talks and representatives of the different sporting groups that may benefit from the use of this property.

Councilmember Beckstrand questioned why that would require a special sub committee. 

Councilmember Gomes said he did not see the need to create a special parks subcommittee, because the Parks and Recreation Commission could deal with an item like this. He felt it could be folded into an existing sub committee.

Councilmember Hill stated it is a policy question regarding the appropriateness of spending Quimby Fees and City money outside of city limits. He felt that talks with EBMUD could continue without a subcommittee.

Councilmember Petrovich stated that this is just an exploratory situation at this point. He stated that this would be a temporary committee to represent the City to EBMUD.

Councilmember Gomes stated he would feel more comfortable if the subcommittee was called the East Bay MUD Ad-Hoc Committee.

It was moved/seconded by Gomes/Beckstrand to approve the creation of an East Bay Municipal Utilities District Ad-Hoc committee with Mayor Mike Mc Poland and Councilmember Pete Petrovich as members. Motion carried unanimously.

Item No. 13

Karen Rarey, 4677 Nunn Street, stated she had been the City’s representative to Contra Costa Transit Authority Citizens Advisory Committee and that she had just been elected as Chair to serve through April 2002. She stated that CCTA does not recognize terms and that she requests that she be allowed to serve out her term as Chair.

Councilmember Hill stated that there was no language regarding an expiration date in the staff report. 

Councilmember Gomes and Mayor McPoland thanked Ms. Rarey for her service on this committee.

It was moved/seconded by Gomes/Petrovich to appoint Karen Rarey as the City’s representative to the Contra Costa County Transportation Authority’s (CCTA) Citizen Advisory Committee through April 2003. Motion carried with Councilmember Hill voting no.

PUBLIC HEARINGS

Appeal of Arco Products Company relating to the conditions of approval for Suncal Property, TSM 7690. Cancelled appeal withdrawn by applicant.

Approve a Resolution amending Resolution No. 2198 revising the City’s services fees to include fees for passport photos and certain planning fees. To be continued.

The Public Hearing was opened

It was moved/seconded by Petrovich/Gomes that this item be continued to the meeting of April 10, 2001.

Consideration of an Ordinance to amend Chapter 3.30 to increase maximum monetary limits to $100,000 for Public Works projects. (D. Beougher)

Dennis Beougher, City Attorney, introduced the staff report. 

Councilmember Gomes asked if other public agencies have already adopted these limits.

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

Councilmember Hill stated that he would like to retain the ability to increase this limit dependent on the project and that he was not in favor of the Ordinance or the Resolution in its current fashion. 

Councilmember Gomes felt that this item would make it easier for staff to operate.

Ordinance No. 661

An Ordinance of the City Council of the City of Brentwood to amend Chapter 3.30 to increase maximum monetary limits to $100,000 for Public Works Projects

It was moved/seconded by Gomes/Petrovich that the first reading of Ordinance No. 661 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

AYES: Councilmembers Beckstrand, Gomes, Petrovich, Mayor McPoland
NOES: Councilmember Hill
ABSENT: None

Resolution No. 2262

A Resolution of the City Council of the City of Brentwood amending the Purchasing Policy to increase the monetary limits for various purchases.

It was moved/seconded by Gomes/Petrovich that the full reading of Resolution No. 2262 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

AYES: Councilmembers Beckstrand, Gomes, Petrovich, Mayor McPoland
NOES: Councilmember Hill
ABSENT: None

Consideration of an Ordinance amending Chapter 2.24 Personnel System, Section 2.24.030 applicability of system. (P. Standley)

Patti Standley, Human Resources Supervisor, introduced the staff rp

Councilmember Gomes stated that he had received a report from staff on this item and asked Mr. Beougher to comment on it.

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

Ordinance No. 662

An Ordinance of the City Council of the City of Brentwood authorizing an amendment to the Brentwood Municipal Code Chapter 2.24 Personnel System, Section 2.24.030 Applicability of System.

It was moved/seconded by Gomes/Beckstrand that the first reading of Ordinance No. 662 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

AYES: Councilmembers Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
NOES: None 
ABSENT: None

Council took a break at 8:40 p.m. reconvened at 8:32 p.m.

OLD BUSINESS

Approve a request of the Brentwood Cornfest Committee for sponsorship of $50,000 funding to be included in the 2001/02 City budget. 

Mr. Elam introduced the staff report.

Councilmember Petrovich stated he is not opposed to sponsorship of the Cornfest, but he is opposed to Butler Entertainment and their business practices.

Councilmember Hill asked what the intent of reviewing the list of recipients by the subcommittee was, and requested that the list be given to the rest of the Council.

Brought back to the committee to forward on to the council should not be put in a position to approve the list. 

It was moved/seconded by Beckstrand/Hill to approve to support the request of the Brentwood Cornfest Committee for sponsorship support of $50,000 funding to be included in the 2001-02 City Budget. Motion carried unanimously.

NEW BUSINESS

Consider request by the Apple Hill Association to extend police traffic control to the private streets of Apple Hill. 

Mr. Elam introduced the staff report and stated the City had received a letter from Apple Hill Homeowners Association requesting the implementation of Resolution No. 96-82 which would provide for traffic control by the Police Department of the Apple Hill Subdivision. He stated the Resolution did not go into effect because there were two requirements that the Apple Hill Homeowners Association did not comply with. 

There was discussion regarding the Resolution from 1996 and if it was still in effect. Mr. Beougher stated that since they had not complied with the requirements in a timely manner it was not and that if the Council chose to they could reaffirm it. There further discussion about how the subdivision had more streets now than it did in 1996. There was discussion about the vehicle code, which has also changed since 1996.

The following residents spoke against having police patrols in Apple Hill because they the residents were not properly polled and felt the striping of the roads would ruin the ambiance of the community:

Brian Johns, 519 Red Rome Lane
Rich Stockman, 785 Apple Hill Drive
Deborah McDorman, 2149 Apple Hill Terrace
Raul Espinosa, 1995 Newton Drive 
Joey Rubio, 1923 Newton Drive 
Betsy McCormick, 593 Sundale Lane
Seanna Schaffer, 586 Apple Hill drive
Dwayne Mullins, 547 Sundale Lane

The following residents spoke in favor of having police patrols in the community they felt it would increase pedestrian and traffic safety:

Tom Corbin, 530 Red Rome 
David Roche, 1725 Duchess Terrace 
Ken Klovee 1720 Crimson Terrace
Gordon Lyster, 773 Apple Hill Drive
Erica Ginter, 633 Sundale Lane
Jim Overton, 504 Apple Hill drive

June Christie, 1790 Crimson Terrace, submitted written comments opposing police traffic control in Apple Hill.

Carlos Pousada, 420 Apple Hill Drive, submitted written comments opposing police traffic patrols in Apple Hill because the residents have not been polled.

Valorie Lambert, Apple Hill Homeowners Association Manager, stated she had been working with the Board since November, she stated there had been multiple board meetings, and they had placed a poll on their web-site. She felt that they had done everything to make everybody aware of the situation, and that the majority of the homeowners have voiced approval of the Board’s decision. She requested that the City provide police patrols.

Mayor McPoland asked about the poll on the web site. Ms. Lambert stated that it was a small poll and only forty-four residents had responded to it. Mr. Gomes asked how many homeowners were in the Apple Hill Subdivision, Ms. Lambert answered that there were currently three hundred and sixty-nine homeowners. Councilmember Gomes asked if all homeowners had been polled by ballot. She stated that the only poll they had done was on the web-site. 

Councilmember Hill stated that even though the web-site poll was small, the majority of residents that voted were against police patrols and yet the board was still requesting this be implemented. 

Councilmember Petrovich asked if the question had been put to the residents if they had wanted the police in the subdivision and issue citations. 

There was further discussion about the Board’s decision to bring this issue to the City without polling residents. 

A copy of the traffic study was given to the Council for their review.

Council took a break at 10:00 p.m. reconvened at 10:07 p.m.

Mayor McPoland asked Mr. Stevenson to explain what steps would be needed to bring the streets into compliance with the vehicle code. Mr. Stevenson stated they would need to install proper signage and striping of the streets.

Councilmember Beckstrand felt that this item would change the CC & R’s of the community and stated that cannot be done unless a vote of all the homeowners is taken. She felt that is was inappropriate for this item to be before the Council until a vote of all homeowners was taken.

There was Council discussion about the community consensus. It was stated that each resident should be provided the opportunity to vote on this issue.

It was moved/seconded by Gomes/Petrovich to continue this item until results of a vote of the residents is provided. Motion carried unanimously.

CITIZEN COMMENTS - None

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

Councilmember Petrovich reported on the large turn-out for the corned beef and cabbage feed that took place at Delta Community Center. 

REQUESTS FOR FUTURE AGENDA ITEMS

Councilmember Petrovich requested an item on Delta Community Center and Delta Community Services. 

Councilmember Hill requested an item on the work hours ordinance regarding Hill Work hours ordinance next meeting construction and an Item on John Muir Hospital’s facility in the City.

There being no further business the meeting was adjourned at 10:34 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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