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ADJOURNED REGULAR CITY COUNCIL
Minutes of June 17, 2002

A regular meeting of the City Council of the City of Brentwood was called to order at 7:20 p.m. in the City Council Chambers located at 734 Third Street, with Mayor McPoland presiding.

The purpose of this meeting is to take certain actions on the amendments to the redevelopment plans of the Merged Brentwood and North Brentwood Redevelopment Projects and the Negative Declaration on the amendments. 

1. Proposed Amendments to the Merged Brentwood and North Brentwood Redevelopment Plans.

AGENCY ACTION:

a. Consideration of a Redevelopment Agency Resolution approving the Negative Declaration for the Proposed Amendments to the Merged Brentwood and North Brentwood Redevelopment Plans.

b. Consideration of a Redevelopment Agency Resolution approving The Sixth Amendment to the Redevelopment Plan for the North Brentwood Redevelopment Project.

c. Consideration of a redevelopment agency resolution finding that the Use of Taxes Allocated from the Added Area for the Purpose of Improving and Increasing the Community’s Supply of Low- and Moderate-Income Housing Outside the North Brentwood Redevelopment Project Area will be of Benefit to the Project.

COUNCIL ACTION:

d. Consideration of a City Council Resolution approving the Negative Declaration for the Proposed Amendments to the Merged Brentwood and North Brentwood Redevelopment Plans.

e. Consideration of a City Council Resolution finding that the use of Tax Allocated from the Added Area for the Purpose of Improving and Increasing the Community’s Supply of Low- and Moderate-Income Housing Outside the North Brentwood Redevelopment Project Area will be of Benefit to the Project.

f. Consideration of A City Council Ordinance amending Ordinance No. 333 and Ordinance No. 496, as previously amended, and approving and adopting the Amendment to the Merged Brentwood and North Brentwood Redevelopment Plans.

COUNCIL ACTION:

RESOLUTION NO. 2580

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A NEGATIVE DECLARATION FOR THE AMENDMENTS TO THE REDEVELOPMENT PLANS FOR THE MERGED BRENTWOOD AND NORTH BRENTWOOD REDEVELOPMENT PROJECTS

It was moved/seconded by Gomes/Beckstrand to approve Resolution No. 2580 as recommended by staff. Motion carried with the following vote:

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

Councilmember Petrovich was present but did not vote.

RESOLUTION NO. 2581 

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A NEGATIVE DECLARATION FOR THE AMENDMENTS TO THE REDEVELOPMENT PLANS FOR THE MERGED BRENTWOOD AND NORTH BRENTWOOD REDEVELOPMENT PROJECTS

It was moved/seconded by Gomes/Beckstrand to approve Resolution No. 2581 as recommended by staff. Motion carried with the following vote:

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

Councilmember Petrovich was present but did not vote.

ORDINANCE NO. 708

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD, AMENDING ORDINANCE NO. 333 AND ORDINANCE NO. 496, AS PREVIOUSLY AMENDED, AND APPROVING AND ADOPTING THE AMENDMENTS TO THE REDEVELOPMENT PLANS FOR THE MERGED BRENTWOOD AND NORTH BRENTWOOD REDEVELOPMENT PROJECTS

It was moved/seconded by Beckstrand/Gomes that the first reading of Ordinance No. 708 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote: 

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

Councilmember Petrovich was present but did not vote.

At 7:30 p.m Council recessed to a break

Council reconvened at 7:35 p.m.

Councilmember Hill arrived at 7:30 p.m.

NEW BUSINESS

2. Direction from City Council concerning the use of City property, at the Tech Center Parking Lot, for a Chevrolet Dealership Tent Sale tentatively scheduled for June 21-23, 2002, and issuance of a temporary use permit and an encroachment permit.

John Stevenson, City Manager, explained that staff received a verbal agreement for a tent sale on City property. Staff is now seeking direction from Council for the following options:

1. Direct staff to bring back an ordinance prohibiting all tent sales
2. Direct staff to allow tent sales in which case staff would approve this one and the public, if there was opposition to the application and permit, could appeal it.
3. Direct staff not to issue any permits until staff returns to Council with an Ordinance detailing Council direction and policy on temporary sales and tent sales.

Mr. Stevenson added that as of this evening staff has not received any written application for any encroachment permit or temporary use permit as a follow-up to the verbal request received a few weeks ago. Therefore this is only a policy review and no conflict of interest issues exist for any of the Council Members on this issue.

Councilmember Hill stated for the record that the proposed business that made the verbal request, Tracy Chevrolet, has been an annual sponsor of the Harvest Park Bowl Senior PBA Tour which contributed about $3,000 per year as part of their sponsorship. As one of their minority partners, it does not meet the threshold for his personal conflict of interest requirements, so therefore, he would not have a conflict based on the $3,000 annual contribution to the business as a whole, his percentage being less than 10% does not rise to that level.

The following are those who addressed Council in opposition to Temporary Sales and Tent Sales citing issues such as lack of parking, lack of notification, temporary vendors have no financial commitment to the community:

• Joe Trebino
• Ted Rice
• Chris Mosser

Councilmember Petrovich asked Mr. Rice if his opposition was directed at car dealerships specifically or any type of business coming into the City for a weekend sale.

Mr. Rice responded that he is only concentrating on car dealerships.

Steve Kraut, Owner of Tracy Chevrolet and Tracy Daewoo, requested that it be stricken from the record that Tracy Chevrolet is proposing to hold a tent sale. Tracy Chevrolet has drawn no permits or licenses. Tracy Daewoo, which is a separate corporation, does have factory authorization, City permits and Department of Motor Vehicle permits for the sale. Mr. Kraut also stated that he feels that there is some personal conflict which may be preventing certain Council members from making a non-biased decision. Based on comments he heard from the President of P.A.L., Mr. Kraut felt that this was more a personal issue than a business issue. Mr. Kraut added that he has been involved in the Brentwood community for eight years and his support includes sponsorship of the Cornfest, Harvest Park Bowl Senior PBA Tour and providing cars for parades. The parking lot at the Tech Center was chosen as the location to hold the sale due to its adequate space for both cars and parking. Mr. Kraut felt the sale would benefit the community and has agreed to donate $100 each to P.A.L and the Arts Commission for every car sold and provide $500 in gift certificates to be spent at the stores located in the Center. He further stated that he feels precedence has already been set by allowing the Cornfest vendors to sell on public property. How can the City allow those temporary vendors do business and not him? Mr. Kraut commented that he has spent a great deal of money on permits and advertising in good faith, thinking the sale would be happening. He requested that this be resolved. 

Councilmember Beckstrand expressed her displeasure at Kraut’s comments regarding possible conflict of interest concerning specific Councilmembers. Councilmember Beckstrand commented that staff had informed her that no permits have been issues and asked Mr. Kraut who at the City issued his permit and accepted money.

Mr. Kraut displayed his copy of a Business License Application.

Councilmember Beckstrand clarified that what he had was a Business License Application not a Temporary Use Permit.

Dennis Beougher, City Attorney, reiterated that no application has been filed. A Business License is simply a revenue source.

Councilmember Hill responded to the precedent of vendors at the Cornfest. The precedent originated in 1993/94 when Brentwood had taco trucks driving onto private property and competing with local restaurant owners. Council adopted an Ordinance disallowing taco in the community. That is the issue we need to resolve, it has nothing to do with Tracy Daewoo or you Mr. Kraut personally, it is an issue that Council has to resolve. 

Councilmember Petrovich asked Mr. Kraut to elaborate on his comments from the President of P.A.L. 

Mr. Kraut responded that the president of P.A.L., Jim Longeman, was approached by Rob Brandt and asked why he would accept contributions from Tracy Daewoo and Mr. Brandt expressed that he did not want Mr. Longeman to accept any donations from Tracy Daewoo. Mr. Longeman then responded that he would be willing to accept any contribution.

Councilmember Petrovich stated for the record that when he initially had a conversation with Mr. Kraut concerning the sale, he also discussed the possibility with Mr. Brandt. Mr. Brandt did not think it was a good idea but Mr. Kraut wanted to continue on so Councilmember Petrovich helped him find a location on behalf of the community to raise funds for the community. He further commented that he is sorry that we have a conflict in the community that is dividing businesses.

Councilmember Petrovich asked Mr. Kraut if he had spoken with the Chief of Police.

Mr. Kraut commented that he had spoken with the Chief and the Chief mentioned the site for the new Police Facility as a possible site for the sale.

Councilmember Petrovich asked Mr. Kraut how much money he has spent so far in preparation for the sale.

Mr. Kraut responded that he has spent approximately $16,000 of irreversible expense.

Mayor McPoland responded that he contacted the FPPC regarding any possible conflict of interest and they have confirmed that he has no conflict of interest. Mayor McPoland further commented with regard to the Chamber of Commerce who sponsor the Cornfest, they are a non-profit organization and operate a lot differently than a private business.

Mr. Kraut commented that when he made his comments for public record, he was making no accusations towards members of Council but rather asking that a fair decision be made with no bias. Mr. Kraut concluded that he does not consider himself an outsider in this community. He and his family are active members of the community and 10% of his employees are from this community. 

Rob Brandt, business owner, stated that he is against having a used car tent sale anywhere in Brentwood especially from an outside dealer. Bringing in businesses that do not have an investment in the community creates an uneven playing field. He addressed the accusations by Mr. Kraut by stating that his concern was that the name P.A.L. was being used in advertisements without P.A.L. Board approval. Mr. Brandt further stated that it is a proposed tent sale with Tracy Daewoo not Tracy Chevrolet because Tracy Chevrolet has a conflict of interest with Winter Chevrolet in Pittsburg/Antioch and Rose Winter does not want Tracy Chevrolet advertising in her territory. If their corporation wants to sell used cars in a tent sale, why not have a tent sale in Tracy? Mr. Brandt also feels that proper notification should have been made to property owners and business owners in the shopping center the tent sale is proposed to take place.

Ed Calvin, business owner, felt that no business owner has the right to say they don’t want somebody coming into this town to compete with me. His business is directly impacted by the Cornfest every year. Mr. Calvin stated that he feels that no legitimate business person should be denied to put on an event when they are going to donate money to P.A.L. or to the Arts Commission. 

James Martin, representing the owners of 71 Sand Creek Road located in the shopping center of the proposed sale, spoke in opposition to the tent sale stating that in his opinion it is in violation of the CC&R’s of the center. Outdoor sales are not specifically permitted in the CC&R’s. In the past, if something was not specifically permitted in the CC&R’s it is taken to the property owners for their consent. The City failed to do that. Instead, the City sent a letter telling the property owners what they were going to happen without requesting any input from the property owners. The City may be able to have this sale with a temporary use permit. A temporary use permit requires approval of the property owners, we have not given approval. Since the tent sale is happening in the common area, there is a cross access for parking. We are not opposed to fund raising for the P.A.L. and the Arts Commission by using a tent sale, we are opposed however, to using an out of town dealer with no commitment to this community. He suggest the event be postponed until such time that the property owners and businesses of Sand Creek Business Center can get involved and use Bill Brandt Ford or Brentwood Dodge to sponsor this event.

Councilmember Petrovich asked Howard Sword, Director of Economic Development, to clarify the events which occurred when he originally approached Howard about the tent sale. 

Mr. Sword responded that Councilmember Petrovich asked if a tent sale were possible but did not in anyway instruct him to move forward.

Councilmember Petrovich asked Mr. Sword to explain how events proceeded.

Mr. Sword stated that when he spoke with Mr. Kraut he impressed on Mr. Kraut his needed to get all the appropriate licenses and permits necessary to hold the sale. Mr. Sword further stated that neither he nor his staff gave any approval for the sale. He added that he felt it would be a good location and time for a sale since the College would be out of session. He did not feel the sale would hamper anyone’s ability to do business in the Center. He saw this as an opportunity for exposure for the business within the Center to receive more foot traffic and business. From a property management standpoint of the center, he did not object to a tent sale in this area. At that point I was only focused on activity within the center directly and its impact to the center. Since that time, there have been other community wide concerns that were not considered.

Councilmember Petrovich asked if there is another event scheduled for the same location a week after the proposed tent sale.

Mr. Sword responded that there is a groundbreaking ceremony for Sandcreek Business Center the Friday following the tent sale that will be utilizing part of the parking lot.

Councilmember Petrovich asked if he solicited approval from any of the other property owners for the ceremony.

Mr. Sword responded that he did not.

Councilmember Petrovich asked if he had received any objections regarding holding a barbeque by a private individual on public property.

Mr. Sword responded that he has not received any objections.

Councilmember Petrovich asked if the groundbreaking ceremony would be no different from the tent sale.

Mr. Sword commented that it would be different with regards to duration of time and magnitude of people attending.

Councilmember Petrovich asked if he approved the groundbreaking ceremony with the authority he has as Manager of the Center.

Mr. Sword responded to the affirmative.

Councilmember Petrovich stated that he recalled the donations as being:

• $100 per car sold to be donated to P.A.L.
• $500 in gift certificates for the Shopping Center.
• $100 per car sold to be used for landscaping in the parking lot. 

Mr. Sword responded that from an operations or maintenance standpoint, there would be no impact on the parking lot and after discussion with Department Directors, he felt the contribution would be most appropriate going to the Arts Commission.

Mr. Petrovich asked Mr. Sword if he felt he had the authority to authorize the groundbreaking ceremony tent sale and felt he had the authority to authorize the as well.

Mr. Sword responded to the affirmative and added that the CC&R’s are very specific about unanimous property owner consent for structures or architectural modifications in the center. It is very specific when it comes to temporary uses that there are prohibitions to fruit stands, fish markets and pharmaceutical sales. It is silent to many things and it is my opinion that those discretionary decisions are up to the property management entity. 

Councilmember Petrovich asked Mr. Sword if he felt he acted in good faith.

Mr. Sword responded that he definitely felt he acted in good faith.

Councilmember Beckstrand asked for an interpretation from Dennis Beougher, City Attorney, as to what the CC&R’s permit, who has the authority to manage the uses within the common area, and how all of that is administered through the CC&R’s. 

Mr. Beougher responded that the CC&R’s give the Lucky Store parcel owner the management prerogatives and there are certain situations that he has the right to permit as long as it is not inconsistent with the uses that are prohibited. He did not see any of the uses discussed tonight as prohibited. He further commented that he felt Mr. Martin was right, the general practice has been that when something like this come before the property owners, that they have obtained general consensus on it. The way the CC&R’s are written, it is the City’s Management decision. Regarding the issue of the groundbreaking ceremony, there are no commercial sales associated with that. It is an incidental use that goes with the permitted use. There are no promotional sales or anything going on of a commercial nature and there would be no temporary use permit needed.

Mayor McPoland commented that he feels that businesses should be established in a community. If you are going to have a tent sale, you should be established within that community. Tremendous investments have been made by established businesses in town. He further stated that Mr. Kraut has given a tremendous amount to this community however, was opposed to tent sales.

Mayor McPoland asked John Stevenson, City Manager to review the three recommended options.

Mr. Stevenson responded:

• Council to direct staff to bring back an Ordinance prohibiting all tent sales.
• Direct staff to allow tent sales
• Direct staff not to issue any permits until staff returns to Council with an Ordinance detailing Council’s direction and policy on temporary sales and/or tent sales.

It was moved/seconded by Gomes/Hill to direct staff not to issue any permits until staff returns to Council with an Ordinance detailing Council’s direction and policy on temporary sales and/or tent sales. Motion carried with Councilmember Petrovich voting no.

Respectfully Submitted,

Cynthia Goulding
Deputy City Clerk

 

 

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