CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
Minutes of January 8, 2002
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
Present: Councilmembers Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
The meeting adjourned to closed session at 7:03 p.m. for the following:
Pursuant to Government Code §54957.6:
Public Employment - Chief of Police.
Conference with Legal Counsel pursuant to Government Code §54957(e) –
Claimant: James Dowing.
Existing litigation pursuant to Gov’t Code Section 54956.9(a) - California
Regional Water Quality Control
Board, Central Valley Region, Administrative Civil Liability Complaint
No. SWRCB/OCC FILE A-1404.
Closed session adjourned at 7:20 p.m. The meeting reconvened at 7:30 p.m.
with no action to report.
A. Mayor McPoland presented Bob Taylor, President, LUHSD Board of Trustees,
and Gene Clare of the Liberty Union School District, with a proclamation
celebrating the 100th Birthday of the Liberty Union High School.
Mr. Taylor presented the Mayor and Council with commemorative pens
Mr. Clare thanked Council for the proclamation and highlighted some of
the Centennial activities that have already taken place this year. He
then thanked everyone for their support of the Liberty Union High School
District throughout the year. Mr. Clare then introduced Peggy Schuitemaker,
Chairman of the Centennial in the Park event.
Ms. Schuitemaker spoke about the upcoming LUHS Centennial in the Park
event, June 29, 2002, culminating the centennial year. The festival will
include a pancake breakfast, parade, and various other celebrations throughout
the day. Ms. Schuitemaker requested to be placed on a future agenda to
discuss with Council the possibility of utilizing Police Department and
Public Works Department resources to help make the event a success.
B. Mayor McPoland made the following reappointments: Dave Lang as Director
of the Youth Commission and Lanny Brown, Park & Recreation Commissioner,
he also appointed Ernie Rodriquez to the Park & Recreation Commission.
C. Larry Shaw, Chief of Police introduced Rene Mello as a Community Services
Officer and Salvatore DiMercurio as a new Police Officer for the City
John Stevenson introduced Lieutenant Mike Davies as the new Acting Chief
of Police. Retiring Police Chief, Larry Shaw, then presented Acting Chief
Davies with his Chief’s badge.
Mayor McPoland spoke briefly about Chief Shaw’s many achievements during
his career as Police Chief and presented him with a gold watch.
Chief Shaw expressed his appreciation to the Council and recognized their
efforts in making the City such a great place to live and work. He also
recognized the efforts of the entire Police Department and the citizens
of this community.
Council recessed at 8:00 to have a small celebration of cake and punch.
Council reconvened at 8:20p.m.
The mayor requested the agenda review be moved before presentations.
Motion to add the following item to the Consent Calendar (Item #12A) on
the basis that the item came to the attention of staff after the agenda
was posted. (Gov’t Code 54956.5):
Item No. 12A Support legislation, sponsored by Senator Johannessen, SB
356, concerning City of Brentwood’s authorized use of design-build contracting
for construction projects as an alternative bidding procedure.
It was moved/seconded by Hill/Beckstrand to add item 12A to the Consent
Calendar. Motion carried unanimously
Item No. 02 Pulled per staff request
Item No. 10 Revised Agreement
Item No. 15 Open Public Hearing and continue to 1/22/02 as recommended
Bill Putnam, 1220 Tidewater Court, Brentwood, announced that Delta Community
Services will be having a Spaghetti Fundraiser on January 26, 2002 from
3:00p.m. to 8:00p.m. at the Community Center.
Leonard Roudman, 9813 Davona Drive, San Ramon, Branch Librarian for the
Brentwood Library, spoke regarding a grant received by East Contra Costa
County Libraries. Five libraries including Antioch, Pittsburg, Oakley
and Brentwood have received a $2.0 million dollar grant over the next
five years. Contra Costa County Library is now seeking input from the
citizenry of East Contra Costa as to the best way to use these funds.
Citizen may submit their ideas to Councilmember Beckstrand who is an East
County Library Boardmember or attend the next meeting on January 17, 2001.
1. Approve Minutes of December 11, 2001. (Pulled for further discussion)
2. Approve a Resolution accepting the work performed by various subcontractors
for the tenant improvements for the Brentwood Education and Technology
Center CIP Project No. 336-3112, located at 101 Sandcreek Road, and direct
the City Clerk to file a Notice of Completion with the County Recorder
for both projects. (Pulled per staff request)
3. Approved Resolution No. 2430 authorizing the Mayor to execute all documents
necessary to grant an easement to the City of Antioch for street and public
utility purposes for a portion of Lone Tree Way and Heidorn Ranch Road
located in the City of Brentwood.
4. Approved Resolution No. 2431 reinstating the Balfour Road Aquatic Complex
Project, CIP Project No. 522-5202, as part of the 2001/2006 Capital Improvement
Program, thereby returning the project to “active” status.
5. Approved Resolution No. 2432 authorizing the City Manager to execute
a contract with Tree To Green Landscape Co. in the amount of $73,985.00
for City of Brentwood Aquatic Complex parking lot landscaping, CIP Project
No. 522-5202, and authorize the City Manager to execute change orders
up to 10 percent of the contract amount.
6. Approved Resolution No. 2433 and agreement between the City of Brentwood
and Brentwood Union School District relating to the joint use of the Garin
Multi-purpose Room facility.
7. Approved Resolution No. 2434 approving the industrial disability retirement
for James Dowing as recommended by Janet Selby, Worker’s Compensation
Manager from Contra Costa County Municipal Risk Management Insurance Authority
8. Approved Resolution No. 2435 amending provisions of the ICMA Deferred
Compensation Plan as allowed by the Economic Growth and Tax Relief Reconciliation
Act of 2001 (EGTRRA) effective January 1, 2002.
9. Approved Resolution No. 2436 to adopt a Veterans’ Preference System
for Entry Level, Open Recruitments, in compliance with Government Code
Section 50088 effective January 1, 2002.
10. Authorize the City Manager to execute the attached Standard Payment
Plan Agreement between the City of Brentwood and Brentwood Walnut B, LLC.
(Tax ID# 68-0479932) for one building located on Walnut Boulevard, Building
B, Brentwood, CA 94513 (APN 010-550-071) (Pulled per staff request)
11. Approved Resolution No 2437 approving the Reimbursement Agreement
with DeNova Homes concerning the assignment of rights to the reimbursement
agreement with DeNova Homes to WFHAI Housing Fund, L.P.(“Lender”) for
certain oversized and off-site improvements, including the Sunset Road
Extension improvements as a result of the City’s approval of Subdivision
8416 Vesting Tentative Map.
12. Approved Resolution No. 2438 authorizing John Stevenson, City Manager,
to approve Final Maps in the absence of the City Engineer.
12A. Approved Resolution No. 2439 supporting legislation, sponsored by
Senator Johannessen, SB 356, concerning City of Brentwood’s authorized
use of design-build contracting for construction projects as an alternative
It was moved/seconded by Petrovich/Gomes to approve Consent Calendar items
3 - 9, 11 and 12 and as recommended by staff. Motion carried unanimously.
It was moved/seconded by Beckstrand/Petrovich to approve minutes of December
11, 2001. Motion carried unanimously with Councilmember Hill abstaining.
No action, pulled per staff request.
It was moved/seconded by Hill/Beckstrand to approve item 10. Motion Carried
13. Approve a Resolution denying the appeal of International Banking Technologies
of Conditional Use Permit 01-22 to establish a banking facility within
the Albertson’s Store, 4461 Balfour Road. (M. Oshinsky/D. Hill)
Debbie Hill, Assistant Planner, spoke briefly about the application from
International Banking Technologies to establish a Union Bank facility
inside the Albertson’s store. Among the concerns discussed were the possibility
of adversely affecting downtown banks and other commercial retail establishments
and services, and the denial to Washington Mutual approximately one year
ago for a banking facilities in the same location.
The public hearing was opened.
Karen Rogge, 2321 Windy Springs Lane, Brentwood, CA 94513, spoke in favor
of the new banking facility citing overcrowded conditions and lack of
convenient banking locations.
Shawn Pond, 110 East D Street, Ste. D, Benecia, representing Union Bank.
Spoke in support of the addition of a banking facility inside the Albertson’s’.
Among his reasons were, the need for convenience, the extended operating
hours, addition of jobs in the community, the increase in competition,
ease on the parking situation in town.
Councilmember Petrovich pointed out that parking should not be an issue.
The Albertson’s’ parking lot is just as crowded as the Safeway parking
lot even without the addition of a banking facility. He also expressed
concern over the three businesses which have recently left the downtown
area due to a lack of traffic. Moving a bank away from the downtown is
not the direction the City wants to take.
Councilmember Hill stated that if Union Bank has a desire to come to Brentwood
they should make the commitment to build a banking facility here in town
rather than open storefront inside the Albertson's store.
Mr. Pond stated that the current strategy for Union Bank is supermarket
bank branches and building a separate facility would probably not be the
first use of the Bank’s funds.
Councilmember Beckstrand stated that the purpose for the current ordinance
is to encourage people to walk the downtown area. She went on to say that
most people will choose a bank based on their individual financial needs
regardless of its’ location.
Councilmember Hill reiterated that the purpose behind the ordinance is
to create a solid base of traffic in the downtown area, using Antioch
as the perfect example of what will happen to a downtown area when you
divert banks away from downtown.
There being no one else wishing to speak, the public hearing was closed.
Councilmember Gomes agreed the purpose of the ordinance was to strengthen
the vitality of the downtown area. Councilmember Gomes also stated that
he would feel guilty saying yes to Union Bank after having turned down
Washington Mutual in the same location for the same reasons.
Mayor McPoland remarked that there are projects that are being proposed
for the downtown area. Mayor McPoland further commented that until Council
adopts the downtown plan, the City should not support any new banking
facilities at this location.
RESOLUTION NO. 2440
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD UPHOLDING THE
PLANNING COMMISSION BY DENYING THE APPEAL OF INTERNATIONAL BANKING TECHNOLOGIES
OF CONDITIONAL USE PERMIT 01-22 TO ESTABLISH A BANKING FACILITY WITHIN
THE ALBERTSON'S STORE LOCATED AT 4461 BALFOUR ROAD (APN 012-150-062).
It was moved/seconded by Hill/Petrovich that the full reading of Resolution
2440 be waived and that the same be adopted. Motion passed by the following
AYES: Councilmembers Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
14. Approve a Resolution amending Resolution 2366, Master Fee Schedule,
to add fees as provided in the Joint Exercise of Powers Agreement for
the Cities of Antioch, Brentwood, Oakley, and Contra Costa County (“JPA”).
Dennis Beougher, City Attorney, explained that this resolution accepts
the fees for the Joint Exercise of Powers Agreement, which was approved
by Council at the last meeting on December 11, 2001.
The public hearing was opened.
There being no one wishing to speak the public hearing was closed.
RESOLUTION NO. 2441
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD REVISING MASTER
FEE RESOLUTION TO ADD FEES AS PROVIDED IN THE EAST COUNTY JOINT EXERCISE
OF POWERS AGREEMENT FOR THE CITIES OF ANTIOCH, BRENTWOOD, OAKLEY, AND
CONTRA COSTA COUNTY (“JPA”) AND AMENDING RESOLUTION NO. 2366
It was moved/seconded by Gomes/Beckstrand that the full reading of Resolution
2441 be waived and that the same be adopted. Motion passed by the following
AYES: Councilmembers Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
15. Appeal Hearing for Conditional Use Permit No. 01-08, to construct
a church located at the northeast corner of Fairview Avenue and Central
Boulevard. (M. Oshinsky/J. Zilm)
Mayor McPoland explained that this item was not properly noticed and that
there has been a request to continue the Hearing to January 22, 2002.
He further explained that the public hearing would be opened to allow
anyone present who wishes to speak.
The public hearing was opened.
It was moved/seconded by Petrovich/Hill that the item be continued until
the meeting of January 22, 2002. Motion carried unanimously.
Mayor McPoland requested members of the press to publish information regarding
the next City Council meeting at Summerset III, 1680 Regent Drive.
16. Consideration of an Ordinance amending Municipal Code Chapter 9.32
pertaining to Unnecessary Noise. (M. Oshinsky/J. Zilm)
Jeff Zilm, Associate Planner, explained that the purpose of the City’s
Noise Code is to establish guidelines for the protection of the health
safety and welfare of the citizens of Brentwood so that any activity that
occurs, will occur in a harmonious way throughout the City. The Council,
in recognition that the existing noise guidelines may unduly restrict
commercial and industrial economic development in the City, has directed
staff to amend the municipal code to further define and amend the noise
standards in our current ordinance. The goal is to bring our guidelines
more in line with other counties and cities and provide standards for
noise limits and enforcement procedures.
Councilmember Petrovich had a question regarding the “A” Weighted Sound
Level or “A” Weighted sounding device, which is repeatedly referred to
in the document.
Mitch Oshinsky, Director of Community Development, responded to Council
that he will contact the Noise Engineer to find out what “A” Weighted
Councilmember Petrovich commented that he felt uncomfortable with the
verbiage and would not vote on the ordinance until the definition could
Councilmember Gomes asked if there was any other city(s) in Contra Costa
County that has a noise ordinance?
Mr. Oshinsky stated that the survey was done through the League of California
Cities and that no other city in Contra Costa County responded.
Mayor McPoland asked for clarification with regards to the measuring distance
from the origination of the noise.
Mr. Zilm stated that the noise is measured at the property line and a
minimum of 5ft. above the property.
Mayor McPoland then concurred with Councilmember Petrovich that he could
not vote with the current information and stated his desire to continue
the item until the next Council Meeting.
Council directed staff to clarify the definition of an “A” Weighted Sound
The public hearing was opened.
It was moved/seconded by Hill/Beckstrand to continue the item until January
22, 2002. Motion carried unanimously
Council recessed for a short break at 9:15 p.m.
Council reconvened at 9:27 p.m.
17. Update/discussion on Skate Park.
Craig Bronzan, Director of Parks and Recreation gave an update on the
Skate Park. Since its' reopening with on-site supervision, there have
been no incidents. Mr. Bronzan recommended that staff continue to supervise
the facility and stated that the City has funds in the budget for full-time
supervision until June, 2002.
Mr. Bronzan then asked for Council direction on how to proceed with funding
past June, 2002. He offered the following options:
A. A per-use fee charge of $3.00/use or a season pass for $20 with scholarships
available to those who could not afford the fees.
B. Supplementing funding by vending machine revenue, concession vendors,
skating classes or rental use of the park.
Councilmember Gomes stated that he would not support a per-use fee. He
felt that some of the other suggestions to supplement the cost of full-time
supervision would be more viable solutions, but the cost of a per-use
fee will be cost prohibitive to the average family.
Councilmember Hill agreed with Councilmember Gomes that a per-use fee
is not a solution right now. He also felt that full-time supervision was
necessary but we need to defray costs in other ways. Councilmember Hill
also cautioned that we should be careful when selecting vendors to make
sure that they are not vendors that are trying to target a particular
Mayor McPoland then commended the Parks Department for their excellent
work on the Skate Park.
18. Association of Bay Area Governments’ Projections 2002. (M. Oshinsky)
Mitch Oshinsky, Director of Community Development, gave an overview of
the Association of Bay Area Governments Projection on the growth of Population;
mean household income and jobs between 2000 and 2025. He stated that Brentwood
would see a 31% increase in jobs by 2010. Brentwood will have the 4th
highest growth with about 10,100 households and the average household
income will increase from $70,000 to $90,000.
Councilmember Petrovich questioned the household income figures commenting
that $70,000 to $90,000 seemed low.
Mayor McPoland felt that the data was not correct and did not correspond
with data he received a year ago from another source. He expressed concern
that these numbers would used to qualify for federal funding.
Mr. Oshinsky responded that these are mean not median numbers and assured
Council these numbers are not the numbers used to qualify for federal
Mayor McPoland then thanked Mr. Oshinsky for his presentation.
CITIZEN COMMENTS - none
INFORMATIONAL REPORTS FROM COUNCIL MEMBERS
Councilmember Petrovich reported the Community Chest Christmas Basket
Program was a huge success and approximately 550 baskets were produced
to be given away.
Mayor McPoland spoke briefly about ag preservation.
There will be a meeting on very low and low income housing on Friday,
January 11, 2002.
Mayor McPoland attended the ribbon cutting at the self-help Arroyo Seco
project. He also stated that he has spoken to the County about some of
the things the County still has not done with relation to the development.
Mary McPoland spoke with Supervisor Gerber regarding the homelessness
in the area.
Mayor McPoland received a letter of resignation from the former Chief
of Police Larry Shaw who is on the Tri Delta Transit Board. Mayor McPoland
has appointed Councilmember Beckstrand to take his place.
Mayor McPoland also received a letter of resignation from Ron Heinrick,
who is leaving the Library Board. Council directed staff to seek applications
for his replacement.
Mayor McPoland also directed staff to advertise for the Ag Trust position.
REQUESTS FOR FUTURE AGENDA ITEMS
Bill Hill asked that the downtown parking study be pulled from the RDA
Subcommittee agenda and added to the January 22, 2002 agenda.
Councilmember Hill requested that agreement between County and City of
Brentwood Fire Augmentation Funds be placed on the January 22, 2002 agenda.
There being no further business the meeting was adjourned at 9:45 p.m.
The next regular meeting of the City Council will be held on January 22,
2002 at Summerset III, 1680 Regent Drive, Brentwood, CA 94513.
Administrative Assistant II