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City of Brentwood
Minutes of April 10, 2001

A regular meeting of the City Council of the City of Brentwood was called to order at 7:00 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 

CLOSED SESSION
The meeting adjourned to closed session at 7:02 p.m.

Public Employee Performance Evaluation pursuant to Government Code §54957.6
Title: City Manager

The closed session was adjourned at 7:20 p.m.

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

Mayor McPoland asked for a moment of silence in remembrance of a construction worker who was killed at a construction site in Brentwood.

PRESENTATIONS 

Chief Mark McCullah, East Diablo Fire District, gave an update on the activities and staffing of the fire district and introduced six new firefighters. He spoke about the staffing levels at the individual stations and the plan to increase the staff and include paramedics. 

Councilmember Gomes asked about the projected completion date for Station 52. Chief McCullah stated that once building starts, it should be complete in nine to twelve months. 

Councilmember Hill expressed concern with the staffing levels at the Fire District and the lack of paramedics. He asked Chief McCullah if he had a plan to add more fire fighters and paramedics.

Mr. McCullah stated that was due to a lack of funding and they are trying to find funding in their budget. He stated the fire department only receives six cents for every dollar of tax revenue.

Councilmember Beckstrand stated that there are federal grant funds available for local fire departments. 

There was discussion about the study that the Contra Costa County is doing on fire protection.

Mayor McPoland read the proclamation for National Library Volunteer Week and presented it to Leonard Roudman, Brentwood Head Librarian. Mr. Roudman thanked the City and introduced two of the Brentwood Library's volunteers. 

Jon Elam, City Manager, introduced Marla Fraga, Administrative Assistant II, as a new employee and Mayor McPoland administered the Oath of office.

Jon Carlson, Solid Waste Supervisor, introduced Susan Hurl.

Susan Hurl, Allied Waste, gave a brief history of Earth Day and spoke about the Earth Day festivities that will take place at the Chronicle Pavilion in Concord. She stated that the coloring contest would be held in the local schools.

Mr. Carlson then spoke on Earth Day activities in the City that will include a clean up of Marsh Creek. He stated that the City also has free compost and recycled latex paint available at the transfer station.

Craig Bronzan, Director of Parks and Recreation, stated that the City had received three awards of excellence and a special award for the Team R and R marketing program and presented them to Council. The Youth Commission passed out copies of their award winning logo design. 

Sue Barry, Recreation Supervisor, explained that the Team R and R was to remind people to take time and relax with their family and said that there had been positive feed back from the community on this.

Mayor McPoland congratulated the Youth Commission on their work. 

Mr. Elam presented a review of strategic goals and objectives. 

AGENDA REVIEW

Item No. 11 Pulled from agenda per John Stevenson.

Item No. 15 Proposed resolution.

Item No. 25 Pulled from agenda per John Stevenson.

Item No. 30 Revised staff report and resolution.

CITIZEN COMMENTS

Barbara Guise, Tri Delta Transit, gave an update on the new trolley busses and the increase in numbers of riders. She also recommended that if the City paints the water tower, they would find a way to paint the City's name on it. 

Andria Loyd, 4420 Live Oak Avenue, Oakley, passed out a flyer on the third annual Ramble Round the Reservoir and spoke about her group and the work they do with animals.

CONSENT CALENDAR

Approved Minutes of March 27, 2001.

Approved Ordinance No. 662 approving an amendment to the City of Brentwood Municipal Code, Chapter 2.24 Personnel System, section 2.24.030 Applicability of System, to update and clarify its terms.

Approved Resolution No. 2263 adopting pay ranges for part-time/seasonal classifications in the Park and Recreation Department as reviewed and recommended by the City Council Personnel Subcommittee.

Authorized the Mayor to execute the attached Settlement Agreement and General Release in the matter of Anita Jones v. City of Brentwood and amend the City Budget for salary and benefits by $100,000. 

Authorized the City Manager to enter into a Professional Services Agreement in an amount not to exceed $61,055 with Bellecci & Associates, Inc. for the design of federally funded transportation project Brentwood Boulevard TEA-21 I & II, CIP Project No.’s 336-3101 and 336-3102 and authorize the City Manager to approve change orders up to 10% of the contract amount.

Authorized the City Manager to enter into a Professional Services Agreement in an amount not to exceed $35,243.25 with Public Affairs Management for environmental clearance services for federally funded transportation project, Brentwood Boulevard Curve, CIP Project No. 336-3100, and authorize the City Manager to approve change orders up to 10% of the contract amount.

Approve Resolution No. 2264 designating Francisco & Associates, Inc. as the Engineer of Work and directing the filing of a Consolidated Annual Report for Landscaping and Lighting Assessment District Nos. 94-1 (Brentwood Country Club); 95-2 (Hawthorne Landing); 95-3 (Pheasant Run); 95-4 (Diablo Estates); 95-5 (California Spirit and Glory); 95-6 (Gerry Ranch); 95-7 (Spa “D”); 95-8 (Garin Ranch); 97-1 (Hancock-Brentwood Lakes); 97-2 (Marsh Creek Apartments); 97-3 (Brentwood Park Apartments); 98-3 (Solana); 98-4 (Birchwood Estates); 98-5 (Arroyo Seco); 99-3 (Spa “L”); 99-4 (California Grove); 99-5 (Deer Creek Country Club); 99-6 (Trailside); 99-7 (Termo); 99-8 (Gerry Property); 99-9 (Richmond American); 00-2 (Lyon Woodfield); 00-3 (California Orchard); 00-4 (Brentwood Park); 01-1 (Laird Property); the Citywide Park Maintenance District No. 98-1 and a Street Light Audit for the 2001/2002 fiscal year. Authorize the City Manager to execute a Consultant Services Agreement with Francisco & Associates. Inc. in an amount not to exceed $100,000 for: 1. Preparing the Consolidated Landscaping and Lighting Engineer’s Report, 2. Preparing the Citywide Park Maintenance District Engineer’s Report, 3. Filing assessments with Contra Costa County, 4. Preparing a Citywide Street Light Audit. In addition, the Consultant Services Agreement will include: 1. Preparing Engineer’s Reports, noticing and balloting for annexations into existing districts and formation of new districts in an amount not to exceed $5,000 per development.

Awarded the construction contract for the Zone II 2mg Reservoir – Phase II, CIP Project No. 562-5627, to CB&I – Trusco Tank, a Division of CB&I Constructors, Inc., and authorize the City Manager to execute the agreement and necessary documents in the amount of $971,000.00 and grant the City Manager authority to execute change orders up to 10% of the contract amount.

Approved Resolution No. 2265 accepting Roddy Ranch, LLC’s offer of dedication for the construction of a pump station and non-potable waterline at Deer Valley Road, Balfour Road, and Fairview Avenue, and directing the City Clerk to file a Notice of Completion with the County Recorder.

Approved Resolution No. 2266 to reimburse Centex Homes from the Water Facility Fee Account for costs associated with Master Plan Facility improvements constructed in conjunction with Subdivision 8066.

Approve a Resolution approving a Reimbursement and Fee Payment Agreement with AIG Baker Real Estate, LLC for costs, construction and fees associated with Master Plan Infrastructure Facility Improvements related to the Sand Creek Crossing Shopping Center located south of Sand Creek Road, north of San Jose Avenue and east of the Highway 4 Bypass. (Pulled from the Agenda)

Approved an agreement for services during construction for the Zone II 2mg Reservoir – Phase II, CIP Project No. 562-5627, to PSOMAS and Associates and authorize the City Manager to execute the agreement and necessary documents in the amount of $62,904.00 and grant the City Manager authority to execute change orders up to 10% of the contract amount.

Approve a Resolution authorizing the closure of certain streets to facilitate the City sponsored annual Fun Run. (Pulled for further discussion)

Approved the donation of the Omni 120 Trac blueprint machine to Liberty Union High School.

Approved Resolution No. 2267 providing a cost of living adjustment of 3.5% to the City Manager effective March 1, 2001.

Appointed Shawn Strange to the Brentwood Advisory Neighborhood Committee for a term to expire March 30, 2004.

Approve co-sponsorship with the cities of Oakley and Antioch for the third annual Ramble Round the Reservoir. (Pulled for further discussion)

Set a date of April 17, 2001 at 7:30 p.m. as a joint City Council meeting Pittsburg, Antioch, and Oakley to be held in Antioch. (Pulled for further discussion)

Item Nos. 11, 13, 17, and 18 were pulled from the Consent Calendar for further discussion. 

It was moved/seconded by Gomes/Petrovich to approve Consent Calendar items 1-10, 12, and 14-15 as recommended by staff. Motion carried unanimously. 

Item No. 13

Councilmember Beckstrand expressed concern that road closure might interfere with the High School music festival being held on the same day as the run. Brian Strock, Police Sergeant, felt that it should not be a problem because they are only closing the streets at the beginning of the run and then later as people return to the finish line. 

Mayor McPoland asked Sgt. Strock to contact the principal of the high school and notify him of the event. 

Mac Kaiser, Recreation Supervisor, stated that they have had this event on the same weekend for the last three years; and that the race goes quickly. 

Councilmember Gomes felt that in the future the high school should notify the City of large events that may cause traffic problems. 

It was moved/seconded by Gomes/Petrovich to approve Resolution No. 2268 authorizing the closure of certain streets in order to facilitate the City of Brentwood Park and Recreation Department’s Spring to Life Fun Run on Saturday, April 28, 2001. Motion carried unanimously.

Item No. 17

Councilmember Hill requested more information about ECHO and other organizations that may come before the Council and request sponsorship.

Karen Kopps, HALO, stated that the mission of HALO is to improve the lives of companion animals through education and adoption opportunities. They will be helping to promote trail safety and the micro-chipping of animals, which will help locate the owners of lost pets more efficiently. 

It was moved/seconded by Gomes/Hill to approve City co-sponsorship with the City of Oakley and Antioch for the Third Annual Ramble “Round the Reservoir at Contra Loma” on Sunday, May 6th as sponsored by H.A.L.O. and E.C.H.O. Motion carried unanimously.

Item No. 18

Councilmember Beckstrand asked if the School Interagency meeting would be a conflict that evening. Mr. Elam stated that it should not be.

Councilmember Petrovich stated he has a conflict that evening and will not be able to attend. 

It was moved/seconded by Hill/Gomes to set the date of Tuesday, April 17, 2001as a joint City Council meeting to discuss Fee Updates beginning at 7:30 p.m. in the Delta Room at the Antioch Senior’s Center, Antioch. Motion carried with Councilmember Petrovich voting no.

PUBLIC HEARINGS

 Consideration of Zoning Ordinance Amendment No. RZ 01-03, amending Ordinance Chapter 17.820 (Design and Site Development Review), and adopting Design Guidelines for nonresidential development. 

Mitch Oshinsky, Director of Community Development, stated this item came forward from the Economic Development Subcommittee and would help streamline the process of Economic Development for commercial projects. He stated it would lay out a clear guideline for developers of commercial projects to help make their process more efficient and give them clear guidance of what is expected of them.

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

Ordinance No. 663 

An Ordinance of the City Council of the City of Brentwood adopting Zoning Ordinance Amendment No. RZ 01-03, amending Zoning Ordinance Chapter 17.820, design and site development review, and adopting design guidlines for nonresidential uses, buildings and structures

It was moved/seconded by Gomes/Petrovich that the full reading of Ordinance No. 663 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

Consideration of a Resolution amending Resolution No. 2198 revising certain Planning Development Review fees for service. Continued from 3/27/01 meeting

Mr. Oshinsky introduced the staff report and stated this would establish a fee to help provide peer review to look at new commercial development projects. This item would also lower the fee for certain banner signs.

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

Resolution No. 2269

A Resolution of the City Council of the City of Brentwood amending Resolution No. 2198, to revise certain Planning Fees.

It was moved/seconded by Petrovich/Gomes that the full reading of Resolution No. 2269 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

Consideration of a Resolution amending Resolution No. 2198 amending the City’s service fees to include a new fee for U.S. Passport photos. Continued from 3/27/01 meeting

Karen Diaz, City Clerk, introduced the staff report and advised that the proposed fee is $10.00 for photographs. 

Resolution No. 2270

A Resolution of the City Council of the City of Brentwood amending Resolution No. 2198, adding a new fee for U.S. Passport Photos

It was moved/seconded by Gomes/Petrovich that the full reading of Resolution No. 2270 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

Consideration of an Ordinance approving an amendment to Planned Development No. 26 by adding development standards for Planning Area 14 (TSM 8460).

Jeff Zilm, Associate Planner, introduced the staff report and stated this project is typical of what has already been approved in this area.

Mayor McPoland asked about the set-backs of the back yards. Mr. Zilm stated that the minimum set back was twenty-five feet and the maximum was thirty-eight feet. He stated they exceed the minimum set back.

Councilmember Hill stated that he had received information from the applicant that showed smaller set backs in the back yards of twenty-four feet and on with a eighteen foot set backs.

Mr. Zilm stated that he did not have that information.

Mr. Oshinsky stated that the Planning staff worked with the applicant to ensure they were as far from the existing homes as possible.

Councilmember Beckstrand asked if the Community Development Department was involved in making sure that Sea Vista Road will be made into an aesthetically pleasing dead-end. 

Mr. Zilm stated that Ponderosa had mentioned they would offer to do that if the need came up, but it was not a condition of their approval.

Mayor McPoland opened the Public Hearing.

Pam Hardy Planning Manager Ponderosa Homes, said they had worked closely with staff and that the twenty-four foot set back that Councilmember Hill spoke about was to accommodate a pop-out wall for a kitchen nook and that the primary wall has a twenty-five foot set back. 

Rick Horn, resident of Spinnaker Ridge, expressed concern with the rear yard set-backs and the lot sizes, which he felt could affect the value of his home. He also stated his concern with the fencing, the start time of construction, and the dust from using the emergency vehicle access road. 

Ms. Hardy stated that they had maximized distances for the greatest amount of privacy and that plan three has the rear bedroom window overlooking the side yard for privacy protection of existing homeowners. 

Councilmember Hill asked if the existing fence would be replaced.

Ms. Hardy stated they would work with existing homeowners regarding fence replacement for the homeowners that would like to have their fences replaced. She stated that they had walked the site and that many of the fences were not stable. She stated they would do that work when they were constructing those lots.

Councilmember Hill requested clarification on who would pay for the work. Ms. Hardy stated that Ponderosa Homes would pay for the fence work. 

Mayor McPoland asked Ms. Hardy to coordinate her work with the Chief Building Official.

Councilmember Hill asked that they also get proper permission to access property. 

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

Ordinance No. 664

An Ordinance of the City Council of the City of Brentwood to amend Planned Development No. 26 by adding development standards for planning area 14 within PD-26 located east of Fairview Avenue and South of Minnesota Avenue 

It was moved/seconded by Gomes/Beckstrand that the first reading of Ordinance No. 664 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

OLD BUSINESS

Second reading of Ordinance No.661 amending Chapter 3.30 to increase maximum monetary limits to $100,000 for Public Works projects. 

Mr. Beougher introduced the staff report and stated this was a routine second reading.

Ordinance No. 661 

An Ordinance of the City Council of the City of Brentwood amending the Brentwood Municipal Code Chapter 3.30, Bidding Procedures For Public Projects, to increase the monetary limits from $75,000 to $100,000

It was moved/seconded by Petrovich/Gomes that the full 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

Approve a Resolution approving changes and modifications in Assessment District No. 93-3 pursuant to waivers of 100% of affected property owners and approving the form of an amendment to the amended and restated Funding, Acquisition and Disclosure Agreement. 

Paul Eldredge, Associate Engineer, introduced the staff report and stated that this item reallocates money set aside for improvements in the original engineer’s report and makes it a prepayment for roadway fees. He stated that this would allow the City to immediately fund some roadway projects.

Resolution No. 2271

A Resolution of the City Council of the City of Brentwood approving changes and modifications in Assessment District No. 93-3 pursuant to waivers of 100% of affected property owners and approving the form of amendment to the amended and restated funding, acquisition and disclosure agreement

It was moved/seconded by Petrovich/Gomes that the full reading of Resolution No. 2271 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

Approve a Resolution accepting the offers of dedication of certain street rights-of-way, accepting certain public improvements for maintenance for Subdivision 7844, Ryder Homes, "Gerry Property", located south of Balfour Road and west of Sellers Avenue. (Pulled from Agenda)

Approve Resolution supporting the proposed eBART rail service in East County. 

Mr. Oshinsky introduced the staff report.

Resolution No. 2272

A Resolution of the City Council of the City of Brentwood supporting the proposed eBART Rail Service in Eastern Contra Costa County

It was moved/seconded by Hill/Gomes that the full reading of Resolution No. 2272 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

Approve the creation of a new City Department of Economic Development and the revised Commercial Application and position of Project Manager. 

Mr. Elam stated that this report comes from he Economic Development Subcommittee and it would be a restructuring change. He stated this was just a concept and that the job descriptions would come back to Council at a later date for approval.

Mayor McPoland felt that this would help move economic development projects along in a timely fashion.

Councilmember Hill felt that this item would help to address items related to technical aspects of the project immediately, so that when it gets to the Planning Commission, most issues will have already been resolved. He felt that it would provide a credible flow of applicant processing and create accountability on the part of the applicant.

It was moved/seconded by Hill/Gomes to approve the City Department of Economic Development effective July 1, 2001 and approve the revised Commercial Application Flow Provision and the conceptual position of Project Manager. Motion carried unanimously.

Approve a Resolution adding one Accountant I/II position to the Finance/Information Systems Department as reviewed and recommended by the City Council Personnel Subcommittee.

Pamela Ehler, Director of Finance and Information Systems, stated that duties have been realigned to better fit the needs to the Finance Department and felt that an additional Accountant would help with the increased workload of the department. 

Resolution No. 2273

A Resolution of the City Council of the City of Brentwood approving the addition of one Accountant position in the Finance/Information Systems Department as reviewed and recommended by the City Council Personnel Subcommittee 

It was moved/seconded by Petrovich/Gomes that the full reading of Resolution No. 2273 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

Discussion for direction on a proposed construction noise ordinance. 

Randy Kidwell, Chief Building Official, stated they were requesting Council direction on an Construction Noise Ordinance. He stated this had been added to many conditions of approval, but it is not as enforceable as an ordinance would be. 

Councilmember Beckstrand requested clarification on the proposed hours of construction. 

Mr. Kidwell stated that there have been times where construction has been allowed in commercial zones with no adjacent properties.

Councilmember Beckstrand stated that she would like to have Sundays and holidays completely omitted.

Councilmember Gomes stated he would like to have the holidays defined.

There was discussion about letting non-noise work occur. There was discussion about what would be a non-noise activity.

Councilmember Hill stated that even if it is a non-noise activity it is the equipment and radios used by the workers that create the noise.

Councilmember Petrovich felt that the type of work that was occurring could be identified in the ordinance. 

Councilmember Hill felt this would allow the Police to respond to nuisance calls. 

There was discussion about the control that general contractors have over the subcontractors.

Councilmember Gomes felt that it would be easier to enforce no work on Sundays and holidays than to try to determine what would be a non-noise activity.

Mayor McPoland stated he was not in support of this item because there is some work that because of supply and demand can only be done during certain hours.

Staff was directed to proceed with an Ordinance amendment specifying hours during which construction noise will not be allowed. 

Award of the construction contract for plumbing at the Brentwood Education and Technology Center. 

Howard Sword, Economic Development Manager introduced the staff report and requested that the contract be awarded to Impact Plumbing. 

Resolution No 2274

A Resolution of the City Council of the City of Brentwood awarding the construction contract to Impact Plumbing in the amount of $110,000 at the Brentwood Education and Technology Center, CIP Project NO. 504-3112, and granting the City Manager authority to execute change orders up to 10% of the contract amount

It was moved/seconded by Gomes/Petrovich that the full reading of Resolution No. 2274 be waived and that the same be adopted as recommended by staff. Motion carried by the following vote:

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

CITIZEN COMMENTS

J.R. Moase, 4664 Christensen Street, spoke about traffic safety on Walnut Boulevard and stated with the added turn lane he has witnessed some near accidents. 

Council directed the City Engineer to look into this situation.

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

Councilmember Beckstrand reported that the Telecommunications Subcommittee is looking at additional avenues for telecommunications.

Councilmember Petrovich reported that cities have been authorized to draft ordinances to regulate interference by CB radio operators. 

Mayor McPoland reported that Millie Greenburg had been appointed as the Mayors’ Conference liaison to LAFCO.

Requests for future agenda items

Mayor McPoland requested a workshop on police and fire issues.

Councilmember Beckstrand requested items on the feasibility of a power plant at the City’s industrial center and the restriping of Spruce, Maple, and Second streets to facilitate additional parking; and a ordinance for boats and temporary driveway parking. 

Councilmember Gomes requested that this may be a good time to reintroduce the cost of living increase for future Councilmembers.

There being no further business the meeting was adjourned at 10:15 a.m.

Respectfully Submitted
Margaret Wimberly
Administrative Assistant

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov