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City of Brentwood
Minutes of May 8, 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 

PRESENTATIONS 

Jon Carlson, Solid Waste Superintendent, introduced the winners of the Earth Day coloring contest and awarded them savings bonds in the amounts of one-hundred dollars for first place, fifty dollars for second place and twenty-five dollars for third place. He also thanked Allied Waste Systems for their donation of the savings bonds. 

Larry Shaw, Chief of Police, introduced Gary Krehbiel, Public Works Maintenance Worker, Kelly Couch, Police Officer, Cathy Armstrong, Administrative Assistant II, Charlene Jacquez, Community Services Officer I, Roy Word, Police Officer, Denise Davies, Accountant I, as new employees

Sergio Verbis, School Resource Officer, gave a presentation on the Explorer Scout program and introduced Adrianna Chavez, Patricia Cendajas, Rosa Rodriguez, and Adrianna Salinas, who have all been involved in the explorer program and have been awarded scholarships for their involvement in the program. 

Mayor McPoland read a proclamation proclaiming May 13, 2001 as the Day of the Teacher in the City of Brentwood and presented it to Roy Ghiggeri. 

AGENDA REVIEW

Item No. 12 Pull from Agenda

Item No. 20 Revised Resolution

Item No. 25 Additional Map 

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

Item No. 28 Approve a Resolution authorizing a letter to the County Board of Supervisors requesting consideration of East Contra Costa County Cities Regarding County Supervisorial Redistricting Boundaries Plan. (J. Elam) 

It was moved/seconded by Hill/Gomes to add item No. 28 to the agenda. Motion carried unanimously. 

CITIZEN COMMENTS

Sean Stange, 948 N. Estates Drive, thanked council for their support of the skate park and for his appointment to the Brentwood Advisory Neighborhood Committee.

CONSENT CALENDAR

Approved Minutes of April 24, 2001. 

Authorized the City Manager to execute a Consultant Services Agreement for fiscal year 2001/02, to continue utilizing the right-of-way services of Associated Right of Way Services, Inc.

Approved Resolution No. 2282 approving the Facility Maintenance Worker classification and salary range. 

Approved Resolution No. 2283 authorizing the City Manager’s designee, the Public Works Director, to execute all necessary applications, contracts, payment requests, agreements and amendments hereto for the purposes of securing 2001/02 Used Oil Grant funds in the amount of $7,299 and to implement and carry out the purposes specified in the grant application. 

Authorized an expenditure not to exceed $19,000 from grant funds (AB 3229-Citizens Option for Public Safety) to purchase four "ruggedized" laptop computers for use by patrol officers. 

Approved the second reading of Ordinance 665 adding an additional means to notify city residents and the general public of items that require public hearings before the Planning Commission and City Council.

Approved Resolution No. 2284 approving and authorizing the City Manager to execute Program Supplement Agreement No. 003-M to Administering Agency-State Agreement No. 04-5300 for reimbursement of costs for Right of Way, Construction and Construction Engineering for the Brentwood Boulevard Widening Project, CIP Project No. 336-3054

Referred the 2001/2006 Capital Improvement Program for the City of Brentwood including street, park, sewer, water and other municipal improvements to be constructed during the next five years to the Planning Commission for a consideration of conformance to the City’s General Plan at their regularly scheduled meeting of May 15, 2001

Approved Resolution No. 2285 approving a Reimbursement Agreement with Pulte Home Corporation for costs associated with Master Plan Facility improvements to Subdivisions 8226 and 8402, located north of Lone Tree Way and east of O’Hara Avenue.

Authorized the City Manager to purchase of five (5) vehicles from Bill Brandt Ford for the Public Works Department at a cost not to exceed $123,393.

Authorize the City Manager to execute professional services agreements with McGill Martin Self, Inc. (MMS), and McDonough, Holland & Allen for Redevelopment Planning, Engineering and Legal Services for the proposed expansion and amendments to the Brentwood Redevelopment Plans. The Agreement amounts are $130,000 and $65,000 respectively. (Pulled for further discussion)

Approve a Resolution executing Council Policy 10-9, City of Brentwood City Vehicle Operating Procedure Policy. (Pulled from the agenda)

Approve a Resolution accepting work performed by Grade Tech, Inc. for the Phase II of the Aquatic Complex CIP Project No. 522-5202 and directing the City Clerk to file a notice of completion. (Pulled for further discussion)

Authorize the City Manager to Execute Documents Amending Brentwood Center’s Covenants, Conditions and Restrictions and Grant of Easements. (Pulled for further discussion)

Approved Resolution No. 2287 authorizing two loans between the City and the Redevelopment Agency for restoration of the Delta Theatre Marquee and the Hallmark and Variety Store signs and authorize the City Manager to sign two grant agreements. 

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

Item No. 11

Councilmember Petrovich stated his opposition to this item. 

It was moved/seconded by Hill/Beckstrand to Authorize the City Manager to execute professional services agreements with McGill Martin Self, Inc. (MMS), in the amount of $130,000 and McDonough, Holland & Allen in the amount of $65,000 for Redevelopment Planning, Engineering and Legal Services for the proposed expansion and amendments to the Brentwood and North Brentwood Redevelopment Plans. Motion carried with Councilmember Petrovich voting no.

Item No. 13

Councilmember Petrovich stated his opposition to this item. 

It was moved/seconded by Gomes/Hill to approve Resolution No. 2286 accepting work performed by GradeTech, Inc. for Phase II of the City of Brentwood Family Aquatic Complex (CIP Project No. 522-5202); and directing the City Clerk to file a notice of completion with the recorder’s office of Contra Costa County for said project. Motion carried with Councilmember Petrovich voting no.

Item No. 14

Councilmember Hill asked if this item would give the City latitude to move ahead with the action necessary to bring resolution of a problem with a property owner at the center.

Howard Sword, Economic Development Coordinator, stated this is the first step and once all the property owners come forward to execute the document, and if one owner does not sign, the remedy would be arbitration. 

It was moved/seconded by Hill/Gomes to Authorize the City Manager to Execute Documents Amending Brentwood Center’s Covenants, Conditions and Restrictions (CC&Rs) and Grant of Easements. Motion carried unanimously.

PUBLIC HEARINGS

Consideration of an Ordinance amending the City of Brentwood Municipal Code by adding Section 9.32.030 H. limiting the hours that construction noise can occur adjacent to residential uses.

Randy Kidwell, Chief Building Official, introduced the staff report and stated they had included an escape clause in the ordinance for extenuating circumstances. The ordinance would not apply to homeowners and existing residences.

Councilmember Hill asked that the latitude for commercial projects be reasonably applied so they can continue to work without substantial hurdles. 

Councilmember Petrovich asked if this would provide the means for a variance that would allow people to work on Sundays. 

Mr. Kidwell stated that the way it was written, if there is sufficient distance from a residential building and it is not impacting anyone they can work on Sundays. 

Mitch Oshinsky, Community Development Director, stated that within the ordinance it allows the building official to make exemptions for Sundays.

Councilmember Petrovich stated he would like to have the construction start time on Saturdays to be 9:00 a.m. 

Councilmember Hill felt that one of the biggest sources on noise on a job sites is the music that workers play. 

Mr. Kidwell stated that loud noise from radios and stereos is already in the ordinance.

There was discussion regarding construction start times. Mayor McPoland did not feel a 9:00 a.m. start time on Saturdays would be fair to the contractor he also had concerns about how this would be monitored, he suggested the Chief Building Official give permission for the work that is allowed to occur under extenuating circumstances. Councilmember Gomes suggested an official certificate be created for this purpose. 

Councilmember Beckstrand suggested that the certificate state the exact parameters so it will not be used at other times. 

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

Ordinance No. 666

An Ordinance of the City Council of the City of Brentwood revising Section 9.32.030 of the Brentwood Municipal Code regarding unnecessary construction noise in the City of Brentwood

It was moved/seconded by Gomes/Beckstrand that the first reading of Ordinance No. 666 be waived and that the same be adopted with the time start time for Saturday construction being 9:00 a.m. Motion passed by the following vote:

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

Consideration of a Resolution amending Resolution No. 2198 revising the City's Service Fee for processing Livescan applicant fingerprint services by an additional $5. 

Larry Shaw, Chief of Police, introduced the staff report and stated this money would go into maintenance and purchasing account for new Livescan machines and to maintain the current one. 

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

Resolution No. 2288

A Resolution of the City Council of the City of Brentwood amending Resolution 2198, increasing the processing fee for Livescan applicant fingerprint services by an additional $5

It was moved/seconded by Petrovich/Gomes that the full reading of Resolution No. 2288 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 concerning violation of citizens band radio equipment not authorized by Federal Communications Commission or inappropriate frequency. 

Dennis Beougher, City Attorney, introduced the staff report. 

Mayor McPoland asked how this would be enforced. 

Mr. Beougher stated it could be enforced through code enforcement action.

Councilmember Petrovich stated that citizen band operators interfere with channels four and five on the television and that depending on how much power they transmit, they can also interfere with stereos, computers, and pacemakers. 

Councilmember Beckstrand asked if this would require any other action by the city such as notifying the FCC.

Mr. Beougher stated that this is not preempting the federal government it is just giving duel jurisdiction to prosecute a case and enforce these regulations. 

Mayor McPoland opened the Public Hearing.

Karen Bernhardy, 21 Cindy Place, spoke in support of this item and played a recording of interference that came through her television. 

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

Ordinance No. 667

An Ordinance of the City Council of the City of Brentwood concerning violation of Citizens Band Radio Equipment not authorized by Federal Communications Commission or inappropriate frequency

It was moved/seconded by Gomes/Beckstrand that the first reading of Ordinance No. 667 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 a zoning amendment to Planned Development (PD) 38 located north of Lone Tree Way, east of Empire Avenue and west of the Union Pacific Railroad tracks to create commercial development standards. 

Debbie Hill, Associate Planner, introduced the staff report.

Councilmember Petrovich asked who the property owners were for subareas B and C. 

Ms. Hill stated that there were approximately fifteen property owners in the entire area, but that she did not know who those particular property owners were. Councilmember Petrovich asked if they had agreed to this. Ms. Hill stated they had all been notified through the Public Hearing process.

Councilmember Hill asked about the permitted uses in Subarea A that included general retail uses including liquor sales for offsite consumption, he asked if the sale of alcohol is generally a conditional use. Ms. Hill stated that it depended on the actual zoning adopted for the area, and that it can be either permitted or conditionally permitted. She said that Subarea A is intended for a mini-storage project. 

Councilmember Hill requested clarification on the use for automotive repair and stated that it was listed both as a permitted use and as a conditionally permitted use. 

Ms. Hill said the intention was to have it as a conditionally permitted use.

Councilmember Beckstrand asked about alcohol sales and who would regulate that. Ms. Hill stated that the city would not regulate liquor sales. 

Councilmember Hill felt anytime there is a question of liquor sales it should be zoned as a conditional use.

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

Ordinance No. 668

An Ordinance of the City Council of the City of Brentwood to amend Planned Development Zone No. 38 by adding development standards for this area located north of Lone Tree Way, east of Empire Avenue and west of the Union Pacific Railroad Tracks

It was moved/seconded by Petrovich/Hill that the first reading of Ordinance No. 668 be waived and that the same be adopted with liquor sales and automotive repair to be conditionally permitted uses. Motion passed by the following vote:

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

Consideration of a Resolution amending Resolution 2198 to add new, reduced pricing matrices for front-load and roll-off collection service for cardboard only and mixed recyclables to encourage recycling efforts in the commercial sector and to help generate volume for the City’s future baling operations. 

Mr. Carlson stated that this item would encourage recycling efforts in the commercial sector and stated this would help the city to reach its AB939 goals, which require fifty-percent recycling. 

Councilmember Beckstrand stated she appreciated the work Mr. Carlson has done on this project

Mayor McPoland opened the Public Hearing

Joe Trebino, 10 Quail Court, felt this item would be a big help to local businesses.

Brent Aassan, Equus Group, spoke in support of this item.

There being no one else wishing to speak, it was closed.

Resolution No. 2289

A Resolution of the City Council of the City of Brentwood to amend the Master Fee Resolution No. 2198 to add new, reduced pricing matrices for front-load and roll-off collection service for cardboard only and mixed recyclables to encourage recycling efforts in the commercial sector and to help generate volume for the City’s future baling operations and include the special charges list for extraneous, atypical services

It was moved/seconded by Gomes/Petrovich that the full reading of Resolution No. 2289 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 8:50 and reconvened at 8:55

NEW BUSINESS

Approve the expenditure of up to $50,000 of the contingency fund as a financial match to the Chamber of Commerce’s contribution of $25,000 and marketing revenue of $29,000 as recommended by the Economic Development Subcommittee. 

Mr. Sword introduced the staff report and stated that the concept that has been developed is the City would initially support the program with a $25,000 contribution the additional $25,000 would be made following a four month review by the Subcommittee and the Marketing Committee.

Councilmember Petrovich stated that when the Business Improvement District was proposed, the City was going to match funds and it was going to be a mandatory program. He asked if this would a voluntary program.

Mr. Sword stated it is a matching program and it is not mandatory.

Councilmember Gomes asked how many of the business-owners in Brentwood are members of the chamber. 

Joe Trebino, Chamber President, stated there are four hundred members of the Chamber of Commerce and this is going to be a citywide project.

Councilmember Petrovich asked what paper the advertising would be placed in.

Mr. Trebino stated it would run in both the Contra Costa times and the Brentwood News.

It was moved/seconded by Hill/Gomes to approve the expenditure of up to $50,000 for the City Council’s Contingency Budget ($25,000 2000-2001 Budget, $25,000 2001-2002 Budget) as a financial match to the Brentwood Chamber of Commerce’s cash contribution of $25,000 and marketing program revenue of $29,000 as a recommendation by the City Council’s Economic Development Subcommittee. Motion carried unanimously. 

Approve a Resolution approving a Reimbursement and Fee Payment Agreement with AIG Baker Real Estates, 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. 

Mr. Stevenson stated this item is the beginning of a number of reimbursement agreements for commercial projects. This would require the developer to pay all of their required fees and in addition to this they are building their responsibility on Sand Creek Road and San Jose Avenue which is half of a sixty foot residential road adjacent to their property. He stated that a portion of the sales tax over seven years to pay for additional items such as traffic signals into the project, Sand Creek Road improvements. 

Mayor McPoland complimented staff for their work on this item.

Councilmember Hill felt this was sensitive to not setting the city up for a precedent that cannot be followed in the future and that it was a conservative financial estimate.

Resolution No. 2290

A Resolution of the City Council of the City of Brentwood approving a reimbursement and fee payment agreement with A.I.G. Baker Real Estate, LLC, for costs, construction and fees associated with master planned 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

It was moved/seconded by Petrovich/Hill that the full reading of Resolution No. 2290 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 Municipal Code Boat Storage Requirement. 

Mr. Kidwell stated the issue of storage for boats and trailers comes up everyday. Bernice Arteaga, Code Enforcement Officer, stated the current ordinance prohibits the storage of non-self propelled vehicles on front-yards and unfenced side yards, it also prohibits the storage of self propelled vehicles that exceed twenty feet in length and twelve feet in height. She gave a visual presentation of examples of illegally parked vehicles. The current method of enforcement is complaint driven only. Many citizens feel this portion of the code is too strict and because of frequent use it makes retrieval from a storage facility difficult. Many citizens also feel that the code should be consistently enforced. 

Councilmember Hill stated storage of those types of vehicles are considerations the citizen needs to make when purchasing them. He asked what the current time limit was.

Ms. Arteaga stated there is currently no time limit.

Councilmember Hill stated he is familiar with ordinances where there is a limit of time, such as thirty-six hours. 

Mayor McPoland felt that there should be some sort of a time limit.

Councilmember Gomes stated he would like to see a reasonable period, to give the owners of the vehicles time to clean and take the vehicles to storage. He felt the intent of the ordinance was to stop long-term storage. 

Mr. Beougher stated that storage could be defined as anything over seventy-two hours.

Councilmember Petrovich stated he agreed with setting a time limit, but no longer than seventy-two hours. 

Council confirmed the code and directed staff to provide language for a seventy-two hour time limit.

Review of East Contra Costa County Habitat Conservation Plan Principles of Participation. 

Winston Rhodes, Associate Planner, introduced the staff report. 

Councilmember Hill stated the only portion that was a concern to him was the portion regarding eminent domain, but that in looking at the premise of the program it is all voluntary. If the city does not like the way it turns out it does not have to participate. He stated he would like to bring this back to the executive committee.

It was moved/seconded by Petrovich/Gomes to approve the Principles of Participation. Motion carried unanimously.

Discussion for direction on commercial uses at the Aquatic Center. 

Mr. Sword stated there is currently a concept plan for approximately 8500 square feet for a revenue generating element to the aquatic center. 

Craig Bronzan, Director of Parks and Recreation, stated the idea was to look for someone who would build and operate the center and lease it back to the City and build it to the City’s specifications. 

Mayor McPoland felt there should be safeguards in the design so that children leaving the aquatic center would be in view of their parents in an enclosed complex. He also felt that the vendors should be able to make a living from the surrounding community, not just the aquatic center. 

Councilmember Hill stated he was concerned that the aquatic center would be buried behind a commercial center. He felt there may be some conflicting requirements because a year-round business would require various types of signage. He was also concerned that the City proceed cautiously with the lease issue.

Mr. Sword recommended that this be referred to the Economic Development Subcommittee for further work.

Council referred this item to the Economic Development Subcommittee.

Approve a Resolution authorizing one-way operation at Midway and Diablo Way between Chestnut Avenue and Oak Street. 

Mr. Stevenson stated this would allow one-way operation on two of the downtown alleys. He stated they had looked at visibility on Oak Street and Chestnut Avenue and found they really needed a southerly direction on Midway Alley to make it work properly as you come south out on to Chestnut. He stated that a great deal of the traffic uses Diablo Way to exit onto Oak Street. 

Councilmember Gomes asked if there had been any accidents or pedestrian injuries and asked what motivated this.

Mr. Stevenson stated that there had not been. He stated there may be an increase of traffic because of the parking lot.

Councilmember Hill stated that there is a visual hazard when turning out of Diablo Way onto Chestnut. 

Councilmember McPoland felt that this would not serve the downtown merchants. He felt that most people use Oak Street to go downtown. 

There was discussion about the parking lot that is being built on Brentwood Boulevard and the direction of traffic turning in and out of this lot. There was further discussion on the layout of the parking lot and the striping that would be done there.

Item was continued to allow input from business owners. 

Set a date for a Council workshop in order to discuss new Police building project. 

Council set a date of May 22, 2001 at 6:00 p.m. for a Council workshop to review the Police Building project. 

Approve a Resolution authorizing a letter to the County Board of Supervisors requesting consideration of East Contra Costa County Cities Regarding County Supervisorial Redistricting Boundaries Plan. 

Mayor McPoland stated at the last Mayors’ Conference City and County staff met and received documents regarding the redistricting of the Supervisorial boundaries and would separate the Delta Five cities. He stated that all the cities felt strongly that they be left in the same district because they have been working very closely regarding economic development and other issues.

Councilmember Hill spoke in support of this item. 

Resolution No. 2291

A Resolution of the City Council of the City of Brentwood authorizing a letter to the County Board of Supervisors requesting consideration of East Contra Costa County Cities’ regarding County Supervisorial redistricting boundaries Plan

It was moved/seconded by Petrovich/Gomes that the full reading of Resolution No. 2291 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
Bob Taylor, 753 Sienna Lane, stated he would like to be involved in the commercial development at the Aquatic Center and suggested the City look at the complex located in San Diego. 

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS
Councilmember Hill reported on the Economic Development Subcommittee, which met with the City of Antioch and Oakley to discuss an interregional partnership that included putting in infrastructure in common areas.

Councilmember Gomes reported that BART would be presenting a feasibility study regarding eBART. 

Councilmember Beckstrand reported on the Ag meeting with farmers and stated they had gone over the program and adjusted some of the wording and stated that the final report should come before the Council in June. 

REQUESTS FOR FUTURE AGENDA ITEMS
Councilmember Hill requested an item for the Personnel Subcommittee agenda regarding the Economic Development reclassification. He also requested an item on the update Parks Master plan.

Councilmember Hill also requested that another date be set for the Police and Fire workshop scheduled for May 31st. 

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

Respectfully submitted, Margaret Wimberly, Administrative Assistant II

City Administration
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