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CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
January 28, 2003
A regular meeting of the City Council of the City of Brentwood was called to order at 6:30 p.m. in the Council Chambers located at 734 Third Street, with Mayor Swisher presiding.
Present: Councilmembers Beckstrand, Gutierrez, Petrovich, Mayor Swisher
Absent: Councilmember Hill
The meeting adjourned to closed session at 6:30 p.m. pursuant to Government Code §54956.9(a) – l
Public Employee Contract pursuant to Gov’t Code §54957.6: - Title: Police Chief
Conference with Legal Counsel-Existing Litigation pursuant to Gov’t Code § 54956.9 (a):
• George S. Nunn Jr. and Meredith Nunn v. City of Brentwood et al.
• Bodine & Miller-Brentwood LLC v. City of Brentwood, City Council of the City of Brentwood et al., and real parties in interest & defendants, Lucia Albers et al., Case No. N03-0129
Closed Session adjourned at 6:50 p.m.
The meeting reconvened in open session at 7:00 p.m. with no action to report.
A. Karen Rarey - Recognition of Service to the Brentwood Park and Recreation Commission.
Mayor Swisher presented Karen Rarey with an award of distinction for her service to the Brentwood Park and Recreation Commission.
Item 13 Pulled per staff request. (P. Ehler)
Item 15 Amended agreement. (M. Oshinsky)
Item 21 Letter from Brentwood Union School District. (J. Stevenson)
It was moved/seconded by Petrovich/Beckstrand to approve the Agenda Review as recommended by staff. Motion carried with Councilmember Hill absent.
Bill Putman, representing Delta Community Services, announced a Spaghetti Feed sponsored by the Delta Community Center, Saturday, February 1st from 4:30p.m. to 8:00p.m.
Councilmember Petrovich commented that Grazie Restaurant is donating all the pasta for the event.
Karen Rarey, resident, spoke in support of incorporating the PAL program in to the Park & Recreation Department and urged Council to consider it.
Amelia Reininger, resident and four-year member of PAL, spoke in support of PAL urged Council to vote in favor of incorporating the program into the Park and Recreation Department.
1. Approved Minutes of January 14, 2003.
2. Approved Resolution No. 2777 authorizing the City Manager to award the construction contract for the Sanitary Sewer Improvement Project – Phase II, CIP Project No. 592-5910, to Delta Excavating, Inc. and authorize the City Manager to execute the agreement and necessary documents in the amount of $134,939.00, and grant the authority to execute change orders up to 20% of the contract amount.
3. Approved Resolution No. 2778 approving indebtedness of the Redevelopment Agency in an amount not to exceed $7,000,000 for the purpose of financing and/or refinancing Redevelopment Activities and approving related actions.
4. Waived second reading and adopted Ordinance No. 734 rezoning an approximately 10.3 acre site from R-1 to PD-62 and establishing development standards for Planned Development Zone No. 62 for property generally located at the northeast corner of Fairview Avenue and Central Boulevard.
5. Waived second reading and adopted Ordinance No. 736 amending Title 17 of the Brentwood Municipal Code relating to parking and definitions for eating and drinking places.
6. Rejected an indemnity claim presented by Jerry Samuel Berkowitz.
7. Approved Resolution No. 2779 authorizing the City Manager to execute a Professional Services Agreement with EIP Associates in an amount not to exceed $87,760.00.00 to provide Environmental Consulting Services for Shady Willow Lane Widening and Extension – between Lone Tree Way and Sand Creek for CIP Project No. 336-3127, and granting the City Manager authority to execute change orders up to 10% of the contract amount.
8. Approve a Resolution authorizing staff to temporarily close Chestnut Street from Sellers Avenue to Garin Parkway for thirty (30) working days for the construction of the ultimate roadway configuration of Chestnut Street and Oak Street. Pulled for further discussion.
9. Approve Resolution No. 2780 authorizing the City Manager to execute a change order in the amount of $321,313.00 with Mark Thomas & Company for the Design Contract for Lone Tree Way Improvements from Jeffry Way to Fairview Avenue, CIP Project No. 336-3127, and authorize the City Manager to approve change orders up to 10% of the contract amount.
10. Approved Resolution No. 2781 endorsing the application and authorizing the acceptance of grant funds from the State of California Department of Water Resources Urban Streams Restoration Program (Costa-Machado Water Bond Act of 2000 – Proposition 13) and approving a letter of consent delegating authority to the Natural Heritage Institute, co-applicant on the grant, to submit invoices on behalf of the City of Brentwood.
11. Approved Resolution No. 2782 authorizing submittal of a grant proposal to the Metropolitan Transportation Commission for 2003/2004 Transportation Development Act (TDA) Article 3 program for a bicycle project and authorizing the Parks and Recreation Director to execute and submit all documents which may be necessary.
12. Approved Amendment Number 1 to the Employment Agreement between the City of Brentwood and Michael R. Davies and authorize the Mayor to execute the same.
13. Approve a Resolution authorizing the City Manager to purchase six (6) Ford Crown Victoria Interceptors for the Police Department from Bill Brandt Ford in the amount of $143,166.82. Pulled per Agenda Review.
14. Approved Resolution No. 2783 urging the California Legislature to reject the Governor's proposed shift of local Vehicle License Fee (VLF) revenues and to honor the 1998 commitment to restore the VLF.
15. Approved an Agreement for Payment of Contract Services with Pulte Homes Corporation for Environmental Impact Report to be prepared by Raney Planning & Management for the Rose Garden Subdivision proposed for the north side of Lone Tree Way between O’Hara and the Railroad Tracks.
16. Approved an Agreement for Contract Services with Raney Planning & Management for the preparation of an Environmental Impact Report for the new Rose Garden subdivision and rezoning, proposed for the north side of Lone Tree Way between O’Hara Avenue and the Railroad Tracks.
It was moved/seconded by Gutierrez/Petrovich to approve Consent Calendar Items 1-7, 9-12, and 14–16 as recommended by staff. Motion carried unanimously.
Item 8 Approve a Resolution authorizing staff to temporarily close Chestnut Street from Sellers Avenue to Garin Parkway for thirty (30) working days for the construction of the ultimate roadway configuration of Chestnut Street and Oak Street.
Councilmember Beckstrand expressed concern that Redhaven would become a thoroughfare for traffic if Chestnut is closed again.
Paul Eldridge, Assistant City Engineer responded that the roadway improvements for Chestnut Street were planned in two stages; the first closure to do utility work and the second closure to do the ultimate roadway improvements. The City tried to minimize the impact to the residents on Redhaven during the first closure by closing it to all through traffic, keeping it open to local traffic and emergency vehicles only. Unfortunately, that closure was not respected and many people used it as a shortcut from Sellars to Garin Parkway. Staff would like Council to direct the City Engineer to have a neighborhood meeting with the residents of Redhaven and see what there feeling is. Staff is proposing temporary permanent closure on Redhaven at Sellers to prevent through traffic.
Councilmember Beckstrand further requested that the City have the Police Department represented at the meeting so that emergency services could be addressed.
RESOLUTION NO. 2784
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE TEMPORARY CLOSURE OF CHESTNUT STREET FROM SELLERS AVENUE TO GARIN PARKWAY FOR THIRTY (30) WORKING DAYS FOR THE CONSTRUCTION OF THE ULTIMATE ROADWAY CONFIGURATION OF CHESTNUT STREET AND OAK STREET.
It was moved/seconded by Beckstrand/Gutierrez to waive full reading and approve Resolution 2784 with the following amendments: direct staff to meet with the residents on Redhaven to discuss the closure and direct staff, in conjunction with Police Department, to devise a plan to address the neighbors concerns regarding the through traffic. Motion passed by the following vote:
AYES: Councilmembers Beckstrand, Gutierrez, Petrovich, Mayor Swisher
ABSENT: Councilmember Hill
17. Consideration of Ordinance No. 735 amending Planned Development No. 22 eliminating the reference to the originally approved 23 custom home lots on 5.1 acres for Shea Homes Brentwood Hills Project, Subdivision No. 7882.
Jeff Zilm, Senior Planner introduced the item to Council explaining that this is the Second Reading of the Ordinance that was presented to them on January 14, 2003.
ORDINANCE NO. 735
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT ZONE NO. 22 TO ELIMINATE THE REFERENCE TO THE ORIGINALLY APPROVED 23 CUSTOM HOME LOTS ON 5.1 ACRES LOCATED WEST OF THE HIGHWAY 4 BYPASS AND NORTH OF THE SHADOW LAKES DEVELOPMENT.
It was moved/seconded by Petrovich/Beckstrand to waive second reading and approve Ordinance No. 735 as recommended by staff. Motion passed by the following vote:
AYES: Councilmembers Beckstrand, Petrovich, Mayor Swisher
NOES: Councilmember Gutierrez
ABSENT: Councilmember Hill
18. Approve appointments to the Planning Commission and the Parks and Recreation Commission.
Mayor Swisher stated that he has made the following appointments:
Planning Commission: Jeff Schultz, Chris Becnel and Joan Douglas
Park and Recreation Commission: Tom Jones, with the reappointment of Jan Melloni
Councilmember Petrovich objected to the procedure for Planning Commission appointments stating that the full Council should have the opportunity to meet all the candidates prior to the appointments. He further stated that City Municipal Code states that all candidates shall go before the full board.
It was moved/seconded by Swisher/Petrovich to approve the appointments to the Planning Commission and the Parks and Recreation Commission. Motion carried with Councilmember Hill absent.
Mayor Swisher congratulated the new appointees. He further stated that the process for interviewing Planning Commission will be reviewed.
19. Discussion and reconsideration of placement of residential garbage containers between collection intervals.
Berenice Arteaga, Code Enforcement Officer, introduced the item explaining that on May 22, 2001 staff presented an item to Council adding a section to the Municipal Code regarding the storage of residential garbage containers between collection intervals. At that time, Council felt that amending the Code was not necessary. Council directed staff to try and gain compliance by request only.
Since May 2001, staff has received additional complaints from Mrs. Mary Lopez regarding the storage of garbage containers in her neighborhood. Code Enforcement staff has tried to gain compliance by request with no positive results. Currently, the Municipal Code does not prohibit storing garbage containers in front yards. The practice of storing garbage containers in public view may create a visual nuisance and can become an issue in some neighborhoods. However, creation of provisions to require trash container storage screening and enforcing those provisions may require substantial City resources. The estimated costs associated with the creation on provision to require trash container storage screening and enforcement could be as much as $25,000.00 per year.
Mayor Swisher asked what the current charges are for Code violations and if staff has sufficient resources to enforce current municipal codes.
Ms. Arteaga responded that the current fee for a Code violation is $100 for the first offense, $250.00 for the second offense and $500.00 for each occurrence thereafter. She further stated that per Council direction, enforcement of code violations is reactive not proactive.
Councilmember Petrovich suggested that Council direct staff to draft an Ordinance covering not only the removal of garbage cans but the removal of all blight from public view.
After further discussion, Council directed staff to draft an Ordinance regarding the placement of residential garbage containers between collection intervals.
20. City Council/Planning Commission team building and City Council/Department Directors goals setting workshops.
John Stevenson, City Manager, commented that he, Mayor Swisher and Councilmember Gutierrez attended the League of California Cities’ Mayors and Councilmembers Institute in January where they heard several speakers talk of the benefits of Team Building and Goal Setting Workshops. The Mayor asked the City Manager to bring the issue to the Council for a general discussion of the benefits of these sessions and see if there was a consensus on the Council to move forward with one or both recommendations and to select dates if appropriate.
The current Council has not been involved in setting goals with the Department Directors yet, and it has been several years since the previous Goal Setting session. The Department Directors would benefit greatly from a session like this by focusing their attention on the areas of prime concern of the Council. Likewise, a general Team Building session between the Council and Planning Commission would assist both in understanding the strengths and weaknesses of each and how to work better together for the betterment of the City. Mr. Stevenson further commented that he would like Council to direct staff to draft a short list of goals and present them to Council.
Councilmember Petrovich commented that he felt the goals setting meeting which Council participated in a few years ago was not productive. He added that he felt it would be more productive to review the documents from the last Council/Department Director Goal Setting session before scheduling a new one.
Councilmembers Gutierrez commented that she felt it would be a good use of time and foster teamwork. She felt it was important to know what everyone’s goals are.
Councilmember Beckstrand commented that she was in favor of Council/Department Director workshop.
Council directed staff to schedule two Saturday meetings, one with the Planning Commission and one Department Directors, to review goals and objectives. A review of the goals set at the last meeting is to be included in the agenda.
21. Approve a Resolution approving a permanent finance plan for PAL.
John Stevenson, City Manager, commented that despite the City’s financial support for the PAL program, the program has run into financial difficulties and will effectively cease to exist without City assistance.
Staff is recommending that the City shoulder the ongoing administrative costs (such as Program Coordinator, hiring and administering part-time staff and vehicle maintenance and insurance) as a permanent City function so that nearly 100% of the PAL Board’s activities will go towards applying for and administering program grants, fundraising and program development. Mr. Stevenson commented that the agreement would include the following:
• The City will recruit and hire a fulltime City (Parks & Rec) employee to, among other things, run the PAL program.
• The City will run the PAL program for the PAL Board through the Parks and Recreation Department, with advertising, sign-up, and other administrative functions handled as a normal Parks and Recreation program, except that the programs will be as directed by the PAL Board and funded by the PAL Board. The only exception to this clause is that the City Council will reserve the right to veto any program it deems inappropriate to be associated with City programs.
• All fundraising will be performed by the PAL Board.
• All program development will be by the PAL Board.
• Grant writing and program tracking will be by the PAL Board.
• If there is no PAL fundraising, the PAL program will cease to exist.
• The City will hire all part-time program staff (just like we do for other Parks and Recreation programs like the swim complex) as required to run the PAL program in direct response to PAL’s funding of those programs and personnel. The one exception to this clause is that the City will cover the costs associated with Police Officer involvement rather than PAL paying for those costs.
The City currently budgets $50,000 per year as a grant to PAL. This proposal would increase that amount to approximately $100,000 of General Plan contribution through the Parks and Recreation Department, plus an unknown amount for Police Officer involvement probably in the range of $20,000 per year.
Councilmember Gutierrez recognizes that there is a need for the PAL organization but she expressed concern that there were not enough details available for her to make an informed decision especially with regard to staffing, staffing requirements, liabilities, budgeting, enrollment statistics and ongoing financial liability for the City, etc.
Councilmember Petrovich expressed his strong support of the PAL program and would like to the City address councilmember Gutierrez questions and move forward with the project.
Councilmember Beckstrand expressed concerns with regard to the profits and losses for Pal over the last few years. The funds available for PAL have gone down by 50% over the last two years while fundraising costs have gone up substantially. She stated that while she is in support of the program, but some guidelines and structure needs to be put into place to ensure that long-term funding for the program will continue. Councilmember Beckstrand suggested a workshop be held to discuss options.
John Stevenson suggested that Council direct staff to draft a detailed MOU that will illustrate a restructuring of the program that will work long-term.
Councilmember Petrovich asked Mr. Jim Wangeman to explain the $6,000.00 cost for fundraising.
Jim Wangeman, PAL, Chairman of Board, responded that the $6,000.00 expense reported for the Super Bowl Cook-off fundraising event was a result of the budget being drafted before PAL had a sponsor for the event. PAL subsequently found a sponsor so that money was not spent. Mr. Wangeman also spoke about the many benefits of the PAL program and thanked Council for their support.
Mayor Swisher appointed an ad hoc sub-committee to include Councilmembers Gutierrez and Petrovich to meet with staff to structure a detailed MOU that will outline a permanent program for the PAL program moving forward.
It was moved/seconded by Petrovich/Gutierrez to distribute $40,000 of the approximate $160,000 in additional fees to be collected from Shea Homes for the Brentwood Hills Project, Subdivision No. 7882 immediately with an additional $40,000 to be disbursed when the funds become available. Motion carried with Councilmember Hill absent.
It was moved/seconded by Beckstrand/Petrovich to release $80,000 of the approximate $160,000 in additional fees to be collected from Shea Homes for the Brentwood Hills Project, Subdivision No. 7882 to the Arts Commission as soon as the funds become available. Motion carried with Councilmember Hill absent.
Angel Luevano, representing the League of United Latin American Citizens, commented that his organization is newly chartered in Contra Costa County. Mr. Luevano stated that LULAC would be opening an office in Brentwood and offered the services of LULAC to the City.
Lucia Albers, resident, ask Council for their assistance with a lawsuit that has been filed against her with regard to a project she is developing in Brentwood.
Mary Lopez thanked Council their consideration of the drafting of an Ordinance for garbage containers.
Maria Gutierrez, PAL employee, requested that Council look at staffing, she commented that the Police involvement needs to be increased. Ms. Gutierrez further stated that many PAL staff members that are not trained to work with youth and she felt they should be.
INFORMATIONAL REPORTS FROM COUNCIL MEMBERS
Councilmember Beckstrand reported that the Highway 4 Safety Corridor Campaign “Drive For Life”. The safety corridor extends from Chestnut St. and Brentwood Blvd. in Brentwood and extends to the San Joaquin County Line. The program has received a grant for government funding for an official campaign and they are working on several venues to get the information to the public. The program will include double fine zones, double yellow lines and daytime headlight areas.
Councilmember Beckstrand also commented that she and Councilmember Gutierrez attended a meeting to discuss the proposed Youth Center for Brentwood, Antioch and Oakley. She requested the City Manager review the MOU which was presented by the County and return to Council with comments.
Councilmember Gutierrez commented with regard to the Youth Center meeting, that while there is still a great deal of work to be done and decision to be made, all the participating cities agreed that there is a definite need for a Youth Center and they all want to be involved.
Councilmember Gutierrez also reported on the Shaping Our Future meeting regarding some of the regional transit problems we are facing. She feels that the City’s Smart Growth and transit oriented development are slowly finding alternative options for our citizen’s to reduce their transit time.
REQUESTS FOR FUTURE AGENDA ITEMS - none
There being no further business the meeting was adjourned at 8:20 p.m.
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City of Brentwood City Council
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Brentwood, CA 94513
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