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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.
The meeting was adjourned to closed session at 7:05 p.m.
Pursuant to Govt Code Section 54957.6 City Manager - salary and fringe benefits.
The meeting reconvened in open session at 7:15 p.m. with the following action to report: Council directed City Attorney to recommend proceeding with approval of Item No. 26 on this agenda.
A. Introduction of New Employees and Oath of Allegiance. John Stevenson, City Manager, introduced Courtland Holman, Development Project Manager, Economic Development. Chief Shaw, introduced Tony Zalec and Ricky Scannell as new Police Officers.
B. Mayor McPoland read a proclamation proclaiming November, 2001 as Homeless Awareness Month.
C. Gregory Harris, McGill, Martin & Self, gave an update on the Status of Sunset Industrial Complex which will be on approximately 30 acres of land, northeast of downtown Brentwood. Construction is scheduled to begin in early 2002 with occupation ready in the fall of 2002. Currently the engineering and planning documents are completed or near completion and the draft EIR should be out shortly. Several people have already shown an interest in moving into the park.
D. Gregory Harris, McGill, Martin & Self, gave a presentation on the Inter-Regional Partnership application. Applications were submitted to create a Brentwood/Antioch zone and an Antioch/Oakley zone. The purpose of the Brentwood/Antioch partnership is to create a 500 acres job opportunity zone located on the NE quadrant, 250 acres to be located in the City of Brentwood, which allows special incentives to be given by the state to encourage businesses to come to the City of Brentwood. This will allow the City to encourage businesses with tax increment financing, special tax incentives, enterprise zone status and reduce the cost of infrastructure, allowing businesses to be more competitive when they come here. The combined Antioch/Brentwood zone would generate over 10,000 jobs over the next 10 years. The application was submitted on October 26, 2001 and final selections will be at the end of December. Two of the three applications submitted from Contra Costa County will be selected as new zone sites.
Mayor McPoland commented that there was a delay with the selection subcommittee.
Item No.09 Revised Resolution
Mr. Andrew C. Ford, Jr., 625 Rutherford Circle, Brentwood, addressed the Council as a representative of the Citizen Committee interview panel for the position of Chief of Police for the City of Brentwood. Mr. Ford stated that the Citizen Committee felt their recommendations were ignored by the City. Recounting the interview process, Mr. Ford concluded that Mr. Fisher was chosen as the number one candidate for the position stating that he was so far ahead of the other candidates that no second or third choice could be decided upon. Mr. Ford then asked the Council why Mr. Fisher is not the new Police Chief. He also asked the City Manager, John Stevenson, to take the time to interview Mr. Fisher before the City spends money on outside consultants to recruit for a new Police Chief. Mr. Ford then asked if it was a conflict of interest for a City Council member to interview for a City position. Mr. Ford concluded by stating that he personally felt it was a racial issue as Mr. Fisher is an African American.
Darnell Turner, First Vice-President of the East County NAACP, Pittsburg, spoke regarding the interview process for the Chief of Police position. He stated that he had spoken with several Councilmembers and City staff members and felt comfortable with the answers he had received. He commented that the perception of a conflict of interest existed although he knows that legally none exist. Mr. Turner offered the services of the NAACP to help the City with the recruitment process for any positions that we may have open in the future and encouraged the City to look at women and minority candidates.
Councilmember Gomes responded to the speakers citing his 27 years experience in law enforcement and his strong desire to benefit the community that he and his children live in as his motivating factors in applying for the position of Police Chief. He then stated that he realized his ultimate responsibility was to the voters of the community that elected him a Councilmember, which is why he withdrew his name from the process. He stated that he intends to fulfill his term as a Council member. Since the vacancy still exists, the City has approached him to re-test for the position but Councilmember Gomes has declined.
Councilmember Gomes then stated that Mr. Fisher was given a conditional job offering, which is dependant upon that individual passing three additional tests: a psychological test, a medical test and a background investigation. If that individual does not pass those three additional requirements, then the City cannot offer him/her a job. Councilmember Gomes then stated that Mr. Fisher would have to be asked directly which test had not reached a satisfactory conclusion, as it is confidential information and could only be divulged by Mr. Fisher.
Councilmember Gomes then acknowledged that he would like to put aside all perception that Mr. Fisher was viewed as not the best applicant because Mr. Gomes is a Councilmember. Councilmember Gomes stated that the truth of the matter is that Mr. Fisher was given a conditional job offering and he did not meet the legal requirements to take the job. Had Mr. Fisher passed all three additional requirements he probably would be being considered now for the Police Chiefs position, but he did not. Since the interview committees did not submit a number two or number three candidate the process must start over again.
1. Approve Minutes of October 23, 2001, October 29, 2001 & November 5, 2001. (Pulled for further discussion)
2. Approve Resolution 2395 establishing authorization for designated City officials and employees to act on behalf of the City of Brentwood with regard to the Citys accounts with the BNY Western Trust Company.
3. Second reading of Ordinance No. 694 amending Title 15.07 of the Municipal Code pertaining to the Floodplain Management Program.
4. Approve Resolution 2396 adopting compensation and classification descriptions for Deputy City Clerk and Assistant City Clerk in order to establish a classification series for the City Clerk function.
5. Reject claim presented by Brian Segelke as recommended by the Citys third-party insurance adjuster, Contra Costa County Municipal Risk Management Insurance Authority and the City Attorney.
6. Approve Resolution 2397 authorizing the submittal of a grant proposal to the State of California Department of Parks and Recreation Roberti-ZBerg-Harris (RZH) Open-Space and Recreation Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (Proposition 12) and authorizing the Parks and Recreation Director to execute and submit all documents which may be necessary for the completion of the pro.
7. Approve Joint Exercise of Powers Agreement with the cities of Antioch, Oakley and Brentwood and Contra Costa County relating to the Regional Fee Authority.
8. Approve Resolution 2399 adopting Council/Administrative Policy No. 110-1 relating to City of Brentwood City Council Meeting Rules and Procedures.
9. Approve Resolution 2408 granting a three-year franchise renewal to AT&T Broadband. (Pulled for further discussion)
10. Approve Resolution 2400 approving an agreement for purchase of a fee parcel with Golden Hills Community Church, Inc., a California corporation, for a portion of real property identified as APN 019-032-007 and 019-040-043, generally located on the south side of Lone Tree Way, west of Shady Willow Lane, hereby accepting real property on behalf of the City, and authorizing the Mayor or City Manager and City Clerk or any of their designees to execute the agreement, and such other documents as my be needed to complete the transaction including acceptance of the Deed.)
11. Approve Resolution 2409 approving an agreement for purchase of a fee parcel with Grant Cornelius and Eleanor G. Cornelius, as Trustees of the Cornelius Family Living Trust, for a portion of real property identified as APN 016-080-014, generally located on the south side of Old Sand Creek Road, also described as located at the intersection of the new Sand Creek Road, Marsh Creek and the proposed future extension of OHara Avenue, hereby accepting real property on behalf of the City, and authorizing the Mayor or City Manager and City Clerk or any of their designees to execute the agreement, and such other documents as may be needed to complete the transaction including acceptance of the Deed. (Pulled for further discussion)
12. Approve Resolution 2401 accepting the offers of dedication for the parcels P, Q, R, S, T and U, for ingress and egress by emergency vehicles, all areas marked as P.S.E. (public service easements) for public use of the private streets, and parcels X (Summerset), EE (Summerset) and FF (Summerset) for future widening of public streets, parcel L for water pumping, and all easements marked as W.L.E. as shown on the Final Map, and accepting public improvements for maintenance, accepting the Subdivision Maintenance Bond and releasing the Subdivision Improvements Performance and Payment Bonds for Subdivision 7939, Brentwood Country Club by Blackhawk-Nunn, located south of Balfour Road and west of Fairview Avenue extension.
13. Approve Resolution 2402 accepting the offers of dedication in fee for right-of-way of Chamomile Lane, Windhaven Court, Bauer Road, Windy Vale Lane, Landover Court and Minnesota Avenue, accepting the offers of dedication in fee for parcel A, the areas designated as Public Utility Easements or P.U.E., all abutters rights and all sub surface mineral rights and water rights below 300 feet for public use as shown on the Final Map and accepting public improvements for maintenance, accepting the Subdivision Maintenance Bond and releasing the Subdivision Performance and Payment Bonds for Subdivision 8172, Laurelwood Estates Unit 2 by Pulte Homes, located south of Grant Street and west of Minnesota Avenue.
14. Approve Resolution 2403 accepting the offers of dedication in fee for right-of-way of Windy Vale Lane and County Glen Lane, accepting the offers of dedication for the areas designated as Public Utility Easements or P.U.E., all abutters rights and all sub surface mineral rights and water rights below 300 feet for public use as shown on the Final Map and accepting public improvements for maintenance, accepting the Subdivision Maintenance Bond and releasing the Subdivision Performance and Payment Bonds for Subdivision 8195, Ashton Place Unit 3 by Pulte Homes, located south of Grant Street and west of Minnesota Avenue.
15. Approve Resolution 2410 approving the Final Map of Subdivision 8478, Deer Ridge Country Club Village B-1-A (KB Home), located south of Balfour Road and west of Concord Avenue, accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same. (Pulled for further discussion)
16. Approve Resolution 2404 authorizing the City Manager to execute a Design Change Order with CCS Incorporated for the Brentwood Boulevard Curve, CIP Project No. 336-3100, in an amount not to exceed $23,430 and authorizing the City Manager to approve change orders up to 10% of the contract amount.
17. Approve Resolution 2405 authorizing the City Manager to execute a Change Order with Jones & Stokes for additional environmental studies associated with the Environmental Impact Report for the Sunset Industrial Complex, CIP Project No. 336-3128, and Sunset Park Master Plan and Expansion, CIP Project No. 522-5201 in an amount not to exceed $36,817, and authorizing the City Manager to approve change orders up to 10% of the contract amount.
18. Approve Resolution 2406 authorizing the City Manager to execute an Actual Cost Contract with Pacific Gas and Electric (PG&E) in an amount not to exceed $470,771 for the relocation of the existing 22 high-pressure gas line across Sand Creek west of Fairview Avenue and authorizing the City Manager to approve change orders up to 10% of the contract amount for CIP Project No. 336-3061.
19. Approve Resolution 2407 authorizing the submittal of a grant proposal to the State of California Resources Agency for the Environmental Enhancement and Mitigation Program, 2002-03 grant cycle, and authorizing the City Manager to execute and submit all documents which may be necessary for the completion of the project, related to Brentwood Boulevard Widening (ISTEA) CIP Project No. 336-3054.
20. Approve Park & Recreation Commission recommendation for Bicycle Subcommittee members.
21. Approve appointment of Planning Commissioner Michael Kerchner to the Economic Development Subcommittee.
Items 1, 9, 11 and 15 were pulled from the Consent Calendar for further discussion
It was moved/seconded by Petrovich/Gomes to approve Consent Calendar items 2-8, 10, 12-14 and 16 21 as recommended by staff. Motion carried unanimously.
It was moved/seconded by Beckstrand/Hill to approve minutes of October 23, 2001 and November 5, 2001. Motion carried unanimously.
It was moved/seconded by Beckstrand/Hill to approve minutes of October 29, 2001. Councilmember Gomes abstained.
Mayor McPoland asked what revisions had been made to the resolution.
Councilmember Beckstrand stated that the items which were changed are safety features that we need to have in the renewal should there be another provider step forward with a proposal that would benefit us.
Dennis Beougher, also stated that it relates to transfer by AT&T to another entity which seems to be contemplated in the near future and we want to be a part of that review process. This gives us an opporturnity to do that.
Moved/Seconded by Hill/Beckstrand to approve with revisions. Motion carried unanimously.
Councilmember Beckstrand asked confirmation that the parcels the Cornelias are left with will be grandfathered in under the prior zoning ordinance which allows animals on the property.
Mr. Oshinsky, Director of Community Development, stated that the property would be grandfathered in under the County zoning for animals. He also stated that if it became a problem in the future, the City would create a special zoning overlay.
Mr. Beougher, City Attorney clarified that the Cornelius could not expand the use of their property but they could continue the current use.
Councilmember Beckstrand also stated that Mr. & Mrs. Cornelius asked that she express to staff their appreciation of the way that staff and the various other parties worked with them during the process.
Councilmember Hill asked if the zoning stays in perpetuity with the land and not the ownership.
Mr. Oshinsky stated that zoning rights do not change with ownership. If the owners want to change the land use or do major improvements to the property, then it would have to be brought up to conformance with the codes in existence at the time. But if they do not expand or change the use or the physical improvements, they can enjoy the rights they had whether the property transfers ownership or not.
It was moved/seconded by Beckstrand/Hill to approve. Motion carried unanimously.
Councilmember Beckstrand wanted to confirm with KB Homes that things will run smoothly during the development of their latest subdivision.
Jim Schmitt, KB Homes, confirmed that things would run very smoothly.
It was moved/seconded by Beckstrand/Petrovich. Motion carried with Hill voting no.
22. Consideration of a resolution authorizing the City of Brentwood to accept Local Law Enforcement Block Grant (LLEBG) No. 2001-lb-bx-4214 in the amount of $11,182 with the City obligated to contribute $1,242 in matching funds, and to accept and expend the funds for officer training, equipment and crime prevention upon grant approval.
Lt. James Martinez gave a brief overview of the LLEBG Grant process.
The public hearing was opened. There being no one wishing to speak the hearing was closed.
RESOLUTION NO. 2411
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE BUREAU OF JUSTICE ADMINISTRATION (BJA) FOR A DIRECT AWARD OF $11,182.00 WITH THE CITY OF BRENTWOOD OBLIGATED TO CONTRIBUTE $1,242.00 IN MATCHING FUNDS, FOR A TOTAL GRANT AMOUNT OF $12,424.00, AND TO ACCEPT AND EXPEND THE FUNDS UPON GRANT APPROVAL.
It was moved/seconded by Gomes/Hill that the full reading of Resolution 2411 be waived and that the same be adopted. Motion passed by the following vote:
Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
23. Approve a resolution amending Resolution No. 2202 pertaining to the 2001 Development Fee Program, to drop off of the 5-year Capital Improvement Program fee calculations for the construction of roads and parks and return to the buildout calculation for all fee categories, and amending Resolution No. 2366 revising the Master Fee Program, lowering the fees to the buildout calculations in which each unit or development pays its fair share of the infrastructure load from the fees approved by Council on November 28, 2000 and January 9, 2001, as listed in the Fee Chart which is attached and made a part of this resolution.
Mr. John Stevenson, City Manager, spoke regarding the existing fee program which was implemented in 1999 to accommodate the accelerated build-out program for streets and parks. Staff now feels due to current economic times, we should revert to the original build-out collection of fees which is an equal distribution of fees.
John Johnson, Vice President of Land, Pulte Homes, 7301 Koll Center Parkway, Pleasanton, CA representing several major builders in the area, spoke in support of the implementing the original build-out collection of fees citing a decline in new home sales and a need for a boost to the economy.
There being no one else wishing to speak the public hearing was closed.
Councilmember Hill asked a question regarding the current rate of collection for a Single Family Home.
John Stevenson, City Manager, responded that the rate was decreased approximately $3,200.00 from the current rate, primarily in roads and parks.
Mayor McPoland commented that he and the City Manager attended a meeting with approximately 15 developers in the area, and is pleased to see some of the positive results of the meeting.
RESOLUTION NO. 2412
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING THE 2001 DEVELOPMENT FEE PROGRAM TO DROP OFF OF THE 5-YEAR CAPITAL IMPROVEMENT PROGRAM FEE CALCULATIONS FOR THE CONSTRUCTION OF ROADS AND PARKS AND RETURN TO THE BUILDOUT CALCULATION FOR ALL FEE CATEGORIES, AND AMENDING RESOLUTION NO. 2366 TO REVISE THE MASTER FEE PROGRAM
It was moved/seconded by Beckstrand/Gomes that the full reading of Resolution 2412 be waived and that the same be adopted. Motion passed by the following vote:
Beckstrand, Gomes, Petrovich, Mayor McPoland
24. Update/discussion on skate park.
Craig Bronzan, Director of Parks and Recreation, gave an overview of activities/observations at the Skate Park since the dedication on November 3, 2001. Mr. Bronzan discussed both the positive and negative aspects of the new Skate Park. He expressed concern over the fact that the rules are not being followed, safety equipment is not being worn, kids are smoking, and there is a general attitude of rudeness and belligerence among many of the parks older users. The main concern to the community is that parents of younger skaters feel the Skate Park is unsafe. Mr. Bronzan stated that our current penalty of an administrative citation for disobeying the rules should be re-examined. Mr. Bronzan stated that our current penalty of an administrative citation for disobeying the rules should be re-examined. Mr. Bronzan also suggested the possibility of forming a subcommittee or ad-hoc committee from the Council to work with the Parks and Recreation Department and the Skate Task Force to look at the issues and come back with a recommendation.
Councilmember Hill confirmed Mr. Bronzans comments citing an encounter he had with a youth at the Park and agrees that there is a need to address how we enforce the rules more effectively. Given the aggressiveness of the patrons of the facility, the administrative citation may not be the most effective strategy.
Councilmember Beckstrand raised the possibility of staffing the Skate Park with a police officer or BACCUP personnel long enough to set a precedence.
Lt. Strock suggested that he felt Park and Recreation personnel in most cases would be as effective as a police officer and for those instances that require more severe enforcement, a police officer can be called.
Councilmember Gomes agreed stating that he would like to see City Staff there on a regular basis checking people for proper equipment prior to entrance. Mr. Gomes also stated that he felt the City had lost control over the Skate Park because we do not have rules in place to help us maintain public order. Councilmember Gomes commented that he felt we need to take immediate action to regain control of the skate park. He recommended that we immediately put into place a City ordinance that is punishable by a criminal citation.
Councilmember Petrovich asked whether attendance could be restricted to Brentwood residents.
Dennis Beougher, City Attorney, commented that the City could restrict access but we would need to have full time staff to check identification before entrance into the park. He also commented that the original ordinance was passed with the understanding that the Park and Recreation staff would be issuing the citations. Police officers are the only ones who can issue criminal citations. Staff members have to issue administrative citations.
Mayor McPoland commented that it is not acceptable to have kids in the skate park not adhering to the rules and thereby making the park unusable by younger less experienced skaters. He stated that he wanted something done now, not wait for a subcommittee. He recommended that we staff the skate park full-time to enforce the rules.
Councilmember Hill also commented that he was not willing to wait to see the novelty wear off. He too wanted to see the skate park staffed full-time and a criminal citation ordinance put into place.
Councilmember Petrovich stated that he agreed with everyone and suggested closing the Skate Park.
Councilmember Beckstrand concurred.
Mayor McPoland directed the City Manager to meet with Craig Bronzan and Lt. Strock and get an immediate stop to the problems.
It was then decided by Council and Staff to close the skate park until appropriate staffing can be secured.
25. Consideration of Code of Conduct for use in City programs/facilities.
Craig Bronzan, Director of Parks and Recreation, explained to Council that we currently have a coach and parent code of conduct for sports programs run by the City but no code of conduct currently in place for outside organization that rent our facilities. Mr. Bronzan asked for Council direction on developing a code of conduct that spells out expectations of the behavior of the organizations that are going to use City and possibly school facilities. By requiring an organization to sign a code of conduct prior to using the facility, it allows the City or School District to deny facilities if they do not follow the rules.
Mayor McPoland cited examples of unacceptable behavior by league coaches who are coaching in the City.
Councilmember Hill recommended that Council move forward as a group in talking with the school district and developing some standards of conduct at our facilities. He also stated that we, as the purveyor of the facilities, have the greatest standard of conduct. He also stated that he felt referees should be held to the same standard as coaches citing, as an example, some legal difficulties EDYSL Board are having because there is a disparity between the standards for coaches and the standards for referees.
Coucilmember Gomes commented that the Code of Conduct we currently have is good. What we need is a form of enforcement.
Councilmember Beckstrand commented that taxpayers of the community are paying for the facilities and that every parent, child, coach and referee should be required to sign the agreement.
Council directed Craig to move forward with the Code of Conduct.
26. Dennis Beougher, City Attorney, stated that the Council directed execution of recommendations concerning a contract for the City Manager.
It was moved/seconded by Petrovich/Beckstrand to approve the City Managers Contract. Motion passed unanimously.
Byron Bonnickson, commented that the leaves on the sidewalk are very slippery when they get wet. Mr. Bonnickson also stated that the flag at CAPS not lighted.
INFORMATIONAL REPORTS FROM COUNCIL MEMBERS
Councilmember Petrovich reminded everyone of the Community Chest would be at Loma Vista Elementary School on December 14th & 15th, 2001.
Mayor McPoland announced that Jean Kaburra, recruiter for the Salvation Army, is looking for celebrity bell ringer, if you are interested, please call Captain Jackie Smith at 778-0303.
Mayor McPoland also announced that he and two other mayors in East County met with Congresswoman Ellen Tausher about the Byron Airport. The Federal Government has allocated $350,000 to the County for a mid-level cargo airport. The study will be starting soon. There are a lot of implications for far East County not the lease of which is economic development. Mayor McPoland stated that he spoke with one her Ms. Taushers aids and let him know that Brentwood wanted to be at the forefront of that economic development package.
The Mayor has a housing meeting Monday, November 19, 2001, at 9:00 with another of Congresswoman Taushers aids regarding housing.
Councilmember Gomes wanted to let Council know that the search for a PAL facility was still in progress. The Public Safety Subcommittee directed PAL to explore several options and come back with recommendations.
November 8, 2001, Councilmember Gomes met with the three transportation committees. Lowell Tennison with the Highway 4 Bypass reported that the Lone Tree intersection is going at an accelerated pace.
Requests for future agenda items - none
There being no further business the meeting was adjourned at 9:47 p.m.
City of Brentwood City Council
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Brentwood, CA 94513
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