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CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
Minutes of May 22, 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 with Mayor McPoland presiding.

ROLL CALL

PRESENT: Councilmembers Beckstrand, Hill, Petrovich, Mayor McPoland
ABSENT: Councilmember Gomes

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

Conference with Legal Counsel:
Existing litigation pursuant to Gov’t Code Section 54956.9(a): Finley-Tassajara Corp. v. County of Contra Costa, et al., CCC Sup. Ct. No. MSC00-03704 and related cases

Anticipated litigation pursuant to Gov’t Code Section 54956.9(b): one case

The closed session was adjourned at 7:25 p.m.

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

PRESENTATIONS
A. Jim Dotts, former Chairman of Brentwood Advisory Neighborhood Committee (BANC), introduced new Chairman Brentwood Advisory Neighborhood Committee Introductions

B. Mayor McPoland read the Proclamation proclaiming the week of May 21, 2001, Affordable Housing Week

AGENDA REVIEW

Item No. 17 Additional information.

Motion to add the following items 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. 33 Approve a Resolution accepting the Walnut/Continente Offsite Improvements for Subdivision 8199, California Orchard Unit 1 (KB Home) located along Walnut Blvd. and Continente Ave., accepting the Maintenance Bond and releasing related Performance and Payment Bonds. (J. Stevenson/D. Boskovic)

Item No. 34 Authorize the City Manager to sign an agreement with Computer Contraptions to lease space on the Downtown Water Tower for a period of up to 90 days to conduct a Beta Test on the development of a wireless data service to provide a new service to Brentwood residents as recommended by the Telecommunications Subcommittee.

It was moved/seconded by Hill/Petrovich to continue Item No. 26 to June 12, 2001. Motion carried unanimously.

CITIZEN COMMENTS

Robert Taylor, 753 Sienna Lane, thanked the City Council and the City staff for the work that was done to annex the property for a new high school and middle school.

Wes Tilton, 1875 Pheasant Run Terrace, expressed concern that he may be required to get a permit for a masonry wall that is going to be built, and that if he is required to get a permit that it be a straight forward process.

CONSENT CALENDAR

1. Approve Minutes of April 27, 2001, May 1, 2001, and May 8, 2001. (Pulled for further discussion)

2. Approved Resolution Nos. 2293 and 2294 that adjust the health benefits contribution as provided in 2000/01 - 2002/03 bargaining unit labor agreements. Funding for 2001/02 is included in the proposed 2001/03 City Budget.

3. Approved consultant agreement with Teri Flynn for design review services.

4. Approved the second reading of Ordinance No. 667 concerning violation of citizens band radio equipment not authorized by the Federal Communications Commission or operating citizens band equipment on a frequency between 24 MHz and 35 MHz.

5. Approved second reading of Ordinance No. 668 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.

6. Authorized the City Manager to execute the attached First Amendment to Lease for the City's Water Tower with GTE Mobilnet.

7. Authorized the City Engineer to execute a Consultant Services Agreement with Cordoba Consulting, Inc. for project management services not to exceed $115,000 for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127 and for the new railroad crossing needed for Sand Creek Road, CIP Project No. 336-3061.

8. Authorized the City Engineer to enter into a Professional Services Agreement in an amount not to exceed $64,354 with Bellecci & Associates, Inc. for the design of federally funded transportation project Lone Tree Overlay/Improvements, CIP Project No. 336-3130, and authorize the City Engineer to approve change orders up to 10% of the contract amount.

9. Approved Resolution No. 2295 accepting the landscape improvements including a 12-month warranty Landscape Maintenance Bond, of which the first 90 days are for maintenance, and releasing the Performance and Payment Bond for landscaping for Subdivision 8046, California Grove by KB Home, located north of Grant Street and west of Brentwood Boulevard.

10. Approve Resolution No. 2296 accepting the offers of dedication and, accepting the public improvements for maintenance, accepting the Subdivision Maintenance Bond, and releasing the Subdivision Performance and Payment Bonds for Subdivision 6811, “Solana” by Mission Peak Homes, located north of Central Boulevard and east of Fairview Avenue.

11. Approve the City Manager to enter into a contract with Robert Taylor to provide concession services at the City of Brentwood Family Aquatic Complex. (Pulled for further discussion)

12. Approve a Resolution supporting the issuance of additional off and on sale liquor licenses within the City of Brentwood. (Pulled for further discussion)

13. Approve a Resolution authorizing staff to write off uncollectible water, sewer, and solid waste accounts in the amount of $26,315.60. (Pulled for further discussion)

Item Nos. 1, 11, 12, and 13 were pulled from the Consent Calendar for further discussion.

It was moved/seconded Petrovich/Hill to approve Consent Calendar items 1-10 as recommended by staff. Motion carried with Councilmember Gomes being absent.

Item No. 1

Councilmember Hill stated he pulled this item because he and the Mayor were absent on some of the meeting dates.

It was moved/seconded by Petrovich/Beckstrand to approve the minutes of April 22, 2001. Motion carried with Councilmember Hill and Mayor McPoland abstaining and Councilmember Gomes being absent.

It was moved/seconded by Hill/Petrovich to approve the minutes of May 1, and May 8, 2001. Motion carried with Councilmember Gomes being absent.

Item No. 11

Councilmember Hill requested clarification on the policies that are being established through this agreement such as patrons being allowed to bring in their own food and beverages and felt that was a policy question.

Craig Bronzan, Director of Parks and Recreation, stated that when the pool was being constructed the original intent was to have concessions built on the commercial pad and since that has not been built yet, they put out a proposal. He stated there was only one response to that.

Councilmember Hill asked if it was common that at family aquatic centers for patrons to bring in their own food and beverages. Mr. Bronzan stated that it was.

Councilmember Petrovich asked if the applicant had obtained the required insurance. Robert Taylor, Applicant, stated that he had.

There was discussion regarding allowing patrons to bring in their own food and the posting of regulations stating what would and would not be allowed in the park, along with the clean up of the area. Councilmember Beckstrand felt that if the City was going to maintain the community intent at the center that people need to be allowed to continue to bring food in the park with them.

Councilmember Hill asked if there was any wording in the agreement stating the City would not enter into another concession arrangement, and felt that the City should provide the applicant some protection from other commercial competition.

Dennis Beougher, City Attorney, stated that the contract is a proposed, and if the Council wanted terms amended that could be done.

Councilmember Petrovich stated he would go along with the applicant having exclusive onsite sales, but not precluding anyone from bringing in items or having a prearranged caterer.

Councilmember Beckstrand felt that the wording of the contract regarding items allowed in the park should match the current rules at the park.

It was moved/seconded by Hill/Beckstrand to authorize the City Manager to enter into a contract with Robert Taylor to provide concession services at the City of Brentwood Family Aquatic Complex with the applicant having exclusive onsite sales and incorporating language into the contract regarding types of containers that are allowable in the park and adding language regarding the existing vending machines located within the park. Motion carried with Councilmember Gomes being absent.

Item No. 12

Councilmember Beckstrand asked how the City could state that the store will not constitute a law enforcement problem and asked if it could create a liability issue. Mr. Beougher stated that it not create a liability issue. She stated she did not like the way the resolution was worded and that it stated there is a public convenience and necessity to have another liquor license issued in downtown Brentwood, she felt that liquor is not a necessity.

Mr. Beougher stated the Business and Professions code requires that specific language.

Councilmember Beckstrand asked if there was a way to remove that language and consider it a convenience and something that the City chooses to do for the business and economic welfare.

Mr. Beougher stated that there was not.

It was moved/seconded by Hill/Petrovich to approve Resolution No. 2296 supporting the issuance of additional off and on sale liquor licenses within the City of Brentwood. Motion carried with Councilmember Gomes being absent.

Item No. 13

Councilmember Hill asked about the Sweeny’s account.

Pamela Ehler, Director of Finance and Information Services, stated there was a bankruptcy and a legal change of ownership with this business and so it could not be collected.

Councilmember Beckstrand stated that the previous owner was listed as an individual as well.

Councilmember Hill stated it was a large amount of money and the business was still in business and felt it was inappropriate to write off.

Ms. Ehler stated there were other accounts like this, and Finance would be bringing an item to the subcommittee later this year. She also stated these had all gone to a collection agency.

In answer to Mayor McPoland’s question; Ms. Ehler answered the water had been turned off for all of these accounts. She stated this is a yearly process.

Councilmember Beckstrand asked at how many days past due the water is shut off. Ms. Ehler stated there is thirty days to pay the bill; the next shut off is twenty days after that, but before shut off residents have been notified twice.

Councilmember Beckstrand asked upon shut off how long until they are sent to collections. Ms. Ehler stated that after sixty days, if it is still shut off, it would be turned over to collections.

Jon Elam, City Manager, stated that there are payments plans for people that are past due.

Ms. Ehler stated that most people that are shut off, come in to pay the next day.

It was moved/seconded by Hill/Petrovich to approve Resolution No. 2297 authorizing staff to write off uncollectible water, sewer and solid waste accounts in the amount of $26,315.60. Motion carried with Councilmember Gomes being absent.

PUBLIC HEARINGS

14. Consideration of an Ordinance approving the prezoning of 4 acres to R-1-E (Single Family Residential Estate) for the property referred to as the Christ Property; and a Resolution initiating the annexation of the property located between Creek Road and Marsh Creek, immediately south of the ECCID Main Canal an east of Summerset IV in the southern portion of Brentwood’s planning area.

Mike Leana, Chief of Planning, introduced the staff report and stated the property currently contains one single-family home, a shop building, and an orchard. He stated there is a concern with this property because it is currently on the wrong side of the Urban Limit Line.

Councilmember Hill asked if the City would be the lead applicant in going to LAFCO. Mr. Leana stated that when the Council initiates an annexation the City automatically becomes the lead agency.

Mr. Elam stated that because the property would be annexed to the City; the City would have to be the applicant and that Mr. Christ is the one who has petitioned for this and he would have to be the on that would have to go to LAFCO to defend his position for wanting this annexation.

Mayor McPoland opened Public Hearing.

Candy Christ, 550 Creek Road, stated the main reason they came to the city this item is because their sewer system is failing and they would like to be able to hook-up to City sewer.

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

Councilmember Hill stated that as much as he has no problem with the City going forward with this, he is not interested in squandering any leverage with LAFCO asking for another special circumstance to move the Urban Limit Line.

Ordinance No. 669

An Ordinance of the City Council of the City of Brentwood amending the Municipal Code by prezoning property referred to as the Christ Annexation Located at 550 Creek Road to single family residential estate (R-1-E), (APN 010-040-003)

It was moved/seconded by Hill/Beckstrand that the first reading of Ordinance No. 669 be waived and that the same be adopted as recommended by staff. Motion carried by the following vote:

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

Resolution No. 2299

A Resolution of the City Council of the City of Brentwood initiating an application to the Local Agency Formation Commission (LAFCO) for the Christ Annexation (No. A01-02). The Property is located at 550 Creek Road (APN 010-040-003)

It was moved/seconded by Hill/Beckstrand that the full reading of Resolution No. 2299 be waived and that the same be adopted as recommended by staff. Motion carried by the following vote:

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

15. Consideration of an Ordinance amending Chapter 8.16 of the Municipal Code by adding Section 8.16.110 pertaining to garbage container location and enclosures.

Bernice Arteaga, Code Enforcement Officer, gave a visual presentation on the storage of garbage containers. She stated that there have been complaints from citizens regarding people that store their containers in their front yard and that once she gets the complaint and speaks to the individual, then they move them.

Councilmember Hill felt that in new homes they probably store them in the front yard until the landscaping is installed.

Councilmember Hill asked how many complaints were received and in what period.

Ms. Arteaga stated she had received between twenty to thirty complaints since August.

Councilmember Beckstrand asked if there was a current code or policy that states containers must be stored behind the fence. Ms. Arteaga stated there was not.

Mayor McPoland asked if anything had been put in the newsletter or on the utility bills regarding this issue. He felt that something softer should be done other than adopting an ordinance.

Mayor McPoland opened the Public Hearing.

Wes Tilton, 1875 Pheasant Run, stated that until the City accepts the improvements they are still privately owned and this would not be enforceable. He felt that education on this issue would be best.

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

Councilmember Hill stated that the City does not enforce CC&R’s. He felt that education could be done in the community regarding storage of garbage containers.

It was moved/seconded by Petrovich/Hill to table this item.

Council took a break at 8:35 p.m. and reconvened at 8:48 p.m.

16. Consideration of an Ordinance adding Chapter 14.20 to the Municipal Code to govern the City's stormwater system and to prohibit unauthorized runoff from entering the stormwater system; and an Ordinance amending Chapter 15.52 of the Municipal Code to require additional sediment and erosion control measure and adding enforcement authority.

Teresa Wooten, Senior Engineer, introduced the staff report which would allow the city to govern the storm and sewer system

Mayor McPoland asked Ms. Wooten to explain the penalties and fines and why this was being done.

Ms. Wooten stated that two years ago the City was required to obtain an NPDES permit with the other cities in Contra Costa County, which would govern the City’s storm sewer system the penalties for that can be up to $10,000 per day per occurrence as well as civil and criminal liability. One of the requirements of the permit was not only to review existing ordinances, but also adopt an ordinance that would govern the City’s stormwater systems and prohibit unauthorized discharge.

In answer to Mayor McPoland’s, question Ms. Wooten stated that existing agricultural uses within the City will not be penalized as long as he is using good practices.

Ms. Wooten stated this had also been reviewed by the County Ag. Commissioner, the Irrigation District, and the Farm Bureau.

Mr. Elam stated that if an item is in dispute the definition of good practices will come from East Contra Costa Irrigation District (ECCID), so the City would not be making any judgments on their runoff practices.

Mayor McPoland opened the Public hearing. There being no one else wishing to speak, it was closed.

Councilmember Hill questioned the use of the block bags and catch basins used by developers, he felt they are a liability for children using the bike lane, and they come apart from being run over by automobiles. He felt they should be maintained and removed when they are no longer needed.

Ms. Wooten stated they have the largest problems with building trades, and that there is a new type of catch basin sack, which is made of foam rubber so it will not break and spread gravel everywhere.

Councilmember Hill stated a few months ago the regional water quality was going to be in town, and did not understand why it was being enforced when they were going to be in town and asked if the point was to have the system work at all times, and asked if the building department could stop issuing permits or inspections if developers continue to violate the conditions of approval. Ms. Wooten stated that without this ordinance there is no way to enforce it; that this gives the City the ability to issue administrative penalties and other than doing a stop work notice which is very difficult and could only be done if they were in the grading phase. Councilmember Hill asked if that were the case even when those issues were a part of the conditions of approval. Ms. Wooten stated that many of the subdivisions that are being built now were done prior to the City’s NPDES permit, so they had to have it through the state, which had enforcement capability but the City could not do anything.

There was discussion regarding departmental responsibility for monitoring this and coordination between engineering and community development. Councilmember Hill stated that the intent may be coordination between departments and felt that there should be a database or system put in place that would allows all departments to interface on projects, to prevent items from being forgotten about.

Mitch Oshinsky, Director of Community Development, stated the he had arranged to have an ongoing meeting between the building, engineering, and park inspectors to coordinate on these types of issues.

Ordinance No. 670

An Ordinance of the City Council of the City of Brentwood concerning amendments to Chapter 15.52 grading ordinance concerning Agricultural uses and fines and penalties

It was moved/seconded by Hill/Petrovich that the first reading of Ordinance No. 670 be waived and that the same be adopted as recommended by staff. Motion carried by the following vote:

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

Ordinance No. 671

An Ordinance of the City Council of the City of Brentwood adding Chapter 14.20 to the Municipal Code to govern the City’s stormwater system and to prohibit unauthorized runoff from entering the stormwater system

It was moved/seconded by Hill/Petrovich that the first reading of Ordinance No. 671 be waived and that the same be adopted as recommended by staff. Motion carried by the following vote:

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

OLD BUSINESS

17. Consideration of affordable housing guidelines to implement affordable housing requirement for KB Homes, CA Orchard subdivision (TSM8199).

Winston Rhodes, Associate Planner, introduced the staff report and stated it relates to the California Grove Subdivision built by Kaufman and Broad. The General Plan Housing Element requires that ten percent of the subdivision be affordable housing. He stated recently KB Homes as suggested to members of the City Council that an in lieu fee option which would not necessarily produce affordable housing amongst market rate units and include affordable housing units on the California Orchard site. KB Homes offered to provide inclusionary housing and now has put another option before the Council. The amount of the fee can be established on a variety of methods if the in lieu fee approach is chosen.

Councilmember Petrovich stated KB Homes had not suggested the fee in lieu of; he had. He felt the fee was a better option.

There was discussion regarding a letter from KB Homes that was sent to the Mayor McPoland and Councilmember Petrovich regarding in lieu fees.

Councilmember Petrovich gave a presentation on various loan assistance programs for first time buyers with low to moderate income. He felt the in lieu of fee would enable the city of operate a program to help a greater number of low-income families to buy homes.

Councilmember Hill felt there is too many variables to have the program work as presented and the majority of homes on resale at this time in Brentwood start at $204,000 and felt there would not be adequate inventory of homes for the low-income loans. He asked if the City needed to get into the business of administering a program. He stated he would like to see the first twenty units built in the inclusionary fashion and the City can always modify the program later.

Councilmember Beckstrand felt there is a need for more homes in a lower price range. She stated she liked the options that the fee in lieu program offers for people that have difficulty with a down payment. She had a concern about entering into an administrative situation where the City is taking risk of loaning money and she also had concerns that it could appear discriminatory to base the housing on a group of people rather than the general populous.

Councilmember Hill stated that City employees had been removed from the group that includes East Diablo Fire Protection personnel along with individuals employed by a school district operation within Brentwood. Councilmember Hill felt based on salary surveys done by the City that the employees of the City are paid commensurate with other cities.

Councilmember Beckstrand also had concerns with the thirty-year resale restriction.

Councilmember Petrovich stated he had the same concerns as Councilmember Beckstrand.

Dennis Beougher, City Attorney, stated that if they decided to vote for an in lieu fee than the guidelines wouldn’t be an issue.

Mayor McPoland felt this project was different than what is coming forward in the growth management and inclusionary housing, because this was a specific project agreement. He felt that having specifying employees would enable them to live in the community other than being so far out of town and could be used as a recruitment tool.

There was discussion about different loan terms and time restrictions for resale of these homes with the different programs.

Councilmember Petrovich asked if the City could allow KB Homes to begin pouring the pads of the homes, the difference between a spec one and a spec four would be one the last steps in building the home and get more information on different programs before deciding.

Councilmember Hill stated the question before them was does the developer have to abide by the original agreement or not and he would prefer saying that they do have to, and finding a way to get some compromise on the initial terms. He felt that if the City wanted to investigate a program that the City wants to administer that should be done later and on a bigger scale. He felt the twenty units before them should be built.

Councilmember Beckstrand stated she was not ready to make a decision on this at this time and would like to have it continued for at least sixty days.

In answer to Councilmember Hill’s question regarding conditions of the development agreement; Mr. Beougher stated the condition states that prior to the issuance of the first building permit for any low income unit or the Ciyt’s approval of the master CC&R’s for the project, if applicable, the form of such declaration shall be prepared by the City and shall be subject to reasonable approval by KB Homes and the City Attorney. Councilmember Hill stated so that meant that Mr. Beougher had the authority under that agreement to implement the policies and the condition still stands that they must build those units. Mr. Beougher stated he did not want to allow the first issuance of the building permits until he knew the guidelines were approved by the Council as to how the restriction were going to be imposed or recorded.

Councilmember Beckstrand asked Jim Schmitt, KB Homes, if the continuance of sixty days would delay them and if they were ready to pull permits.

Jim Schmitt, KB Homes, stated they were ready to pull building permits on five plan-one units one. They have pulled twenty-five building permits and they have not been able to pull any of the permits for the plan ones. They would like to get the permits for the plan ones, it takes them approximately four to six months to build a home and they would be willing to sign an agreement stating they would not sell the units until this issue is resolved.

Mayor McPoland stated he would like to see the units built.
It was moved/seconded by Beckstrand/Hill to continue this item to the June 12, 2001 Council meeting.

NEW BUSINESS

18. Consideration of clarification of Conditions of Approval for CUP 99-04, First Southern Baptist Church.

Mr. Elam introduced the staff report and stated.

Councilmember Hill asked for a clarification of what improvements are in question.

Mr. Elam stated that the letter from City staff suggest 114 feet of improvements from Walnut Boulevard to the middle of their parcel. The language from the Planning Commission had no definition of what the responsibility of the church was, thus exposing them to a higher level of improvements and Anderson and Kirkman Road.

Steve Enzor, 363 Stanford Street, Trustee Brentwood Baptist Church, stated it was important to clarify what would be required of them for phase two and three of the improvements. He stated that phase two would allow an additional ten jobs to be created in the City. He asked that Council uphold the conditions that were outlined in a memo that staff sent them.

Councilmember Hill asked why this was before the Council if staff has already agreed to it.

Mr. Beougher stated that staff couldn’t do something and bind the city unless Council has approved it and the planning commission had put an additional condition on this agreement that staff had created.

Mr. Enzor stated he would like the Council to respond those issues in the staff memo that appear to be in conflict with the conditions of approval. He felt that the document approved by the Planning Commission considerably alters the memo that was done by staff.

Councilmember Petrovich asked Mr. Enzor to clarify what the City was asking them to do.

Mr. Enzor stated they want the Church to agree to do additional improvements now and for phase three that they would do additional improvements along Anderson and Kirkman Road. He stated they did not even want Kirkman Road built. He was in disagreement with the planning Commission resolution states they will be required to do additional improvements on these roads during phase three.

Councilmember Hill asked if the Planning Commission was advised that this agreement had been entered into between the church and City staff. Mr. Beougher answered that they were and he had advised them that because it had not come to the City Council for approval that it could not be enforced.

Councilmember Beckstrand said she had understood that KB Homes was involved in this issue. Mr. Enzor stated that as he understood it KB Homes was making the improvements along Walnut Boulevard.

There was discussion regarding the agreement that was signed by City staff and the previous Planning Commission action.

It was moved/seconded by Beckstrand/Petrovich to accept the language proposed in staff memo noted October 4, 2000 as it relates to street improvement on Anderson Lane and Kirkman Road in place of Planning Commission Exhibit A in Planning Commission Resolution 01-14 Condition #14 as requested by the First Southern Baptist Church. Motion carried with Councilmember Gomes being absent.

19. Approve second reading of Ordinance No. 666 amending the City of Brentwood Municipal Code, adding Section 9.32.030 H. limiting the hours that construction noise can occur adjacent to residential uses.

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 Petrovich/Hill that the second reading of Ordinance No. 666 be waived and that the same be adopted as recommended by staff. Motion carried by the following vote:

AYES: Councilmembers Beckstrand, Hill, Petrovich
NOES: Mayor McPoland
ABSENT: Councilmember Gomes

20. Approve a Resolution certifying and approving the Negative Declaration and adopting 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.

John Stevenson, City Engineer, introduced the staff report.

Councilmember Hill stated he was alarmed with the growth of the parks and trails budget over the next five years and it being in a deficit.

Mr. Stevenson stated that there is grant funding available for trails through the state and that the City would be applying for those funds.

Pamela Ehler, Director of Finance and I.S., stated that the projections that Council is looking at are only seventy-percent of what staff thinks is a conservative estimate. She felt the other safeguard is this is reviewed on a monthly basis and at mid year another report would be brought to Council.

Councilmember Hill also stated concern with the fact the engineer’s estimates are not in line with the scope of some of the projects and that has been the past practice. He felt that just plugging in numbers gives legitimacy to spending that amount on projects that may not require it.

Ms. Ehler stated the City does bring a contract forward to Council unless the funds are available. If an item came in over budget, the City would need to adjust and bring the issue to Council and she stated these are looked at each time and they may have to come back and make adjustments and AB1600 requires that be done.

Councilmember Hill stated he was not saying that was the intent, but that it seems to be that it is an acceptable number for the scope of the project because it has been legitimized in the CIP. He felt there wasn’t programming designed to come in under the CIP scope, and it sometimes gives legitimacy to project costs.

Mr. Elam stated this is a work plan that meets the basis for AB1600 and if putting projects in for less than they are, it gives the City no ability to react.

Councilmember Beckstrand concurred with Councilmember Hill.

Resolution No. 2299

A Resolution of the City Council of the City of Brentwood certifying and approving the negative declaration and adopting the 2001/2006 Capital Improvement Program (CIP) for the City of Brentwood including street, park, sewer, water, and other municipal improvements to be constructed during the next five years

It was moved/seconded by Hill /Petrovich that the full reading of Resolution No. 2299 be waived and that the same be adopted as recommended by staff. Motion carried by the following vote:

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

21. Approve a Resolution declaring the intent to order improvements for the Consolidated Landscape & Lighting Assessment Districts and the Citywide Park Maintenance District No. 98-1 for fiscal year 2001/2002 and set a date of July 10, 2001, at 7:30 p.m. for the public hearing pursuant to the Landscape and Lighting Act of 1972 and Proposition 218.

Jennifer White, Francisco and Associates, introduced the staff report and stated that in accordance with the Landscape and Lighting Act of 1972 and Proposition 218 this item is part of the annual approval process the various districts. This provides the intent to collect and levy assessments for fiscal year 2001/02. In addition, it sets the date of the Public Hearing for July 10, 2001.

Mayor McPoland asked if the residents in the annexation area were being notified about the assessment district. Ms. White stated that they had sent information to the residents.

Resolution No. 2300

A Resolution of the City Council of the City of Brentwood declaring the intent to order improvements for the consolidated landscape & lighting assessment district No. 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’ including Greystone); 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) AND 01-1 (Laird Project) and the Citywide Park Maintenance District No. 98-1 for the 2001/2002 Fiscal Year, and setting a date of July 10, 2001, at 7:30 P.M. for the Public Hearing pursuant to the Landscape and Lighting Act of 1972 and Proposition 218.

It was moved/seconded by Petrovich/Hill that the full reading of Resolution No. 2300 be waved and that the same be adopted as recommended by staff. Motion carried by the following vote:

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

22. Consideration of consultant agreement with Consolidated Engineering Laboratories to provide on-call inspection services.

Randy Kidwell, Chief Building Official, introduced the staff report and stated this is the first real instance where a developer had directly requested additional inspection time. The developer wanted to move along quicker and the City is only able to provide them with a finite amount of inspection time. The developer has offered to pay to for the additional inspection staff in the form of a deposit account.

Mayor McPoland stated he had spoke with developers who were willing to pay extra because they know the City is short staffed. He felt this would keep items from falling through cracks.

Councilmember Hill felt that an unknown individual just looking at the building codes might not have the insight into other aspects of the projects.

Mr. Kidwell stated that this person would not be working on this developer’s project; they will be put to work on smaller issues.

Councilmember Beckstrand asked how far behind the inspections were if this were not done.

Mr. Kidwell stated there were three hundred inspections per day with six inspectors.

Councilmember Beckstrand asked about the infrastructure for these developments and just because the inspections were at a faster rate, that residents would not be allowed to move in until it was completed.

Councilmember Hill stated he was not interested in this item.

It was moved/seconded by Petrovich/Beckstrand to Authorize the City Manager to execute a consultant agreement with Consolidated Engineering Laboratories to provide as-needed building inspection services. Motion carried with Councilmember Hill voting no and Councilmember Gomes being absent.

23. Consideration of request for $25,000 from Liberty Union High School District for renovation of Ohmstede Field.

Mr. Elam introduced the staff report and stated this was an older item that was reviewed by the Council last year. The School District sent a letter stating they had met the requirements that the City required regarding the use of fields for soccer.

Mayor McPoland stated the $25,000 was an offer to the school district to help facilitate sodding of the field and stated the School District had met the intent that they were asked to do.

Councilmember Beckstrand asked Dan Smith, Superintendent Liberty Union High School, if all of the school teams are now being given equal access to these fields, above outside organizations. Mr. Smith stated that the schools teams are never booted from the fields and they have priority over outside organizations.

There was discussion about who gets priority within the school. Councilmember Beckstrand stated she wanted all school teams to get priority use of the fields before any outside groups get scheduled.

Councilmember Petrovich asked if any of the school teams had been denied use of the field at this time. Mr. Smith stated that to the best of his knowledge he did not think that they had.

There was discussion regarding the source of the funds for this item. Mr. Elam stated it would come out of the contingency fund.

It was moved/seconded by Hill/Beckstrand to approve the request of Liberty Union High School District for $25,000 to provide funding to renovate Ohmstede Field. Motion carried with Councilmember Gomes being absent.

24. Approve recommendation from Park and Recreation Commission to design of standard park signage

Craig Bronzan, Director of Parks and Recreation, introduced the staff report and stated they are looking for a recommendation on the type of sign and which logo to use in the sign.

Councilmember Beckstrand asked about the budget for this project.

Mr. Bronzan stated the estimate for this project is about $6,500 and it go into the program for the developer, when they build a park they would be required to install a park sign.

Councilmember Hill stated that it gets balanced against the Quimby fees, its only equal to what is extracted from the developer.

There was further discussion regarding the various types of signs and the costs associated with them.

There was further discussion regarding the logo that would be used on the signs. Councilmember Hill felt that the logo used should be the City’s logo, which would be consistent with the other City Departments. Councilmember Petrovich felt the Park and Recreation logo was nice. Mayor McPoland stated he wanted the City’s logo to be used.

It was moved/seconded by Beckstrand to approve the Park and Recreation Commission recommendation for a standard park sign with the City logo being used. Motion carried with Councilmember Petrovich voting no and Councilmember Gomes being absent.

25. Discussion regarding the establishment of a fee structure at the aquatic complex.

Ms. Ehler introduced the staff report and stated finance had been working with the Park and Recreation Department to work on a fee structure for the aquatic complex.

Sue Barry, Recreation Manager, spoke on the various programs that have been created at the aquatic center and the various request for service that the pool has had.

Mayor McPoland asked about the use of the aquatic center by the high schools. Ms. Barry stated they give the high school district a block of time and who the district chooses to let use the facility is up to them.

Mayor McPoland asked if a program for underprivileged children had been set up. Ms. Barry stated that there are scholarships available through the Parks and Recreation Department.

Councilmember Hill asked about the use of the facility by groups and asked if there is going to be a deposit required for the use of the groups. Ms. Barry stated at this time there is not a deposit but it could be instituted. Councilmember Hill felt there should be a charge or deposit, so the person who is renting the facility will ensure that the area is cleaned up after their use.

Councilmember Beckstrand asked if there was a written agreement for the use of the facility with the schools and coaches. Ms. Barry stated they have a joint use agreement with the school districts and that gets reviewed yearly, it also covers the City’s use of their facilities.

Councilmember Hill asked about the scheduling for private parties when they have exclusive use. Ms. Barry said they have been trying to look at a monthly calendar of activities so they would not exclude the public for large amounts time. There was discussion regarding various ways of picking times, and the how the public would react once hours started being bumped around. Ms. Barry stated they would try to maintain the recreational swimming for residents.

Ms. Ehler stated that when the citywide fee study was done last year, there was not enough history and the study was not performed on the Park and Recreation department, they are recommending to have done at this time.

It was moved/seconded Hill/Petrovich approve the establishment of a fee structure at the Aquatic Complex, and direct staff to initiate a fee study related to lane rentals, free and reduced swim passes, and all other pool activity related fees and charges in relations to the fees presented look at all programs to see what actual cost recovery is. Motion carried with Councilmember Gomes being absent.

26. Discussion regarding the Park and Recreation Commissions recommendation for priority use of fields/facilities.

Item was continued to June 12, 2001.

27. Discussion concerning participation in the Contra Costa County Mayors’ Conference County Visioning Process, at a cost not to exceed $14,000.00.

It was moved/seconded by Hill/Beckstrand to deny becoming a participant in the Contra Costa County Mayors’ Conference County Visioning Process. Motion carried with Councilmember Gomes being absent.

28. Discussion regarding construction job site materials storage and management of litter and construction debris.

Mr. Kidwell introduced the staff report and gave a visual presentation that included pictures of various storage sites. The way that items are stored have become a safety hazard and there have been complaints concerning this issue.

Councilmember Hill felt there were already conditions that prevent this and those could be enforced. He asked if there was site control with the building inspection process. Mr. Kidwell felt it becomes a health and safety issue and even though the City does not have control of the streets, it is a construction site the inspectors could go out and cite them. Mayor McPoland stated there were clear standards in the standard map condition. Mr. Kidwell stated the conditions in the earlier maps speaks of staging areas, fencing which was to deter theft. In later conditions they have a separate language which is strictly for theft but there is no language in them that talks about safety.

Councilmember Hill stated that if Mr. Kidwell didn’t feel his authority as the Chief Building Official gave him adequate field implementation to deal with these issues, then put in a condition to keep this from happening.

Councilmember Beckstrand stated that maybe a fine was needed. Councilmember Hill stated it is a fine in the form of new inspections.

Council directed staff to work with the City Attorney to develop conditions.

29. Set the date of Tuesday, May 29, 2001, at 7:00 p.m. for a workshop with Park and Recreation Commission to discuss work plan for 2001/02.

Mr. Bronzan stated that the Park and Recreation Commission wanted an opportunity to meet with the Council to discuss the parks and trails master plan.

This item was continued to a date uncertain.

30. Set the date of June 12, 2001 at 6:00 p.m. for a workshop with Arts Commission to discuss work plan for 2001/02.

It was moved/seconded by to set a date of Tuesday, June 12, 2001 for a workshop with the Arts Commission to discuss work plan for 2001/02

31. Set the dates of Tuesday, June 12, 2001, at 6:00 p.m. for a workshop concerning fire service, and Tuesday, July 10, 2001 at 6:00 p.m. for a workshop concerning police service.

It was moved/seconded to set the dates of Thursday, June 21, 2001, at 6:00 p.m. for a workshop concerning fire service, and Tuesday, July 10, 2001 at 6:00 p.m. for a workshop concerning police service Motion carried with Councilmember Gomes being absent

32. Authorization to receive bids for structural upgrades & facade remodel to City building at 118-120 Oak Street.

Mr. Kidwell introduced the staff report.

It was moved/seconded by Hill/Beckstrand to authorize staff to advertise and receive bids to make structural upgrades and façade improvements to the City building at 118-120 Oak Street. Motion carried with Councilmember Gomes being absent.

33. Approve a Resolution accepting the Walnut/Continente Offsite Improvements for Subdivision 8199, California Orchard Unit 1 (KB Home) located along Walnut Blvd. and Continente Ave., accepting the Maintenance Bond and releasing related Performance and Payment Bonds.

Mr. Stevenson introduced the staff report and stated that the bulk of the public improvements are finished and in use and acceptable. There are four very minor punch list items.

Councilmember Beckstrand asked if this was done according to the way it should be. Mr. Stevenson stated that it was.

Resolution No. 2301

A Resolution of the City Council of the City of Brentwood accepting the off-site improvements of Subdivision 8199, California Orchard Unit 1 (KB Home) for maintenance, located along Walnut Boulevard and Continente Avenue accepting the improvement security and releasing the Performance and Payment Bonds for Off-site improvements for Subdivision 8199 KB Home

It was moved/seconded by Petrovich/Hill that the full reading of Resolution No. 2301 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

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

34. Authorize the City Manager to sign an agreement with Computer Contraptions to lease space on the Downtown Water Tower for a period of up to 90 days to conduct a Beta Test on the development of a wireless data service to provide a new service to Brentwood residents as recommended by the Telecommunications Subcommittee.

Mr. Elam introduced the staff report and stated it would be free for ninety-days and they would then need to enter into an agreement.

It was moved/seconded Beckstrand/Petrovich authorize the City Manager to sign an agreement with Computer Contraptions to lease space on the Downtown Water Tower for a period of up to 90 days to conduct a Beta Test on the development of a wireless data service to provide a new service to Brentwood residents as recommended by the Telecommunications Subcommittee. Motion carried with Councilmember Gomes being absent.

CITIZEN COMMENTS

Karen Rarey, 4671 Nunn Street, felt the new sign posts that have been installed are eyesores and that the paint on them chips easily.

There being no further business the meeting was adjourned at 11:30 p.m.

Respectfully Submitted,

Margaret Wimberly
Administrative Assistant II

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