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CITY COUNCIL AGENDA ITEM NO. 1

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 presiding.

ROLL CALL
Present: Councilmembers Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
Absent: None

CLOSED SESSION 

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) – Liability Claims
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.

PRESENTATIONS 

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 of Brentwood. 

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.

AGENDA REVIEW

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 by staff.

CITIZEN COMMENTS

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. 

CONSENT CALENDAR

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 (CCCMRMIA).

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 bidding procedure.

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.

Item 1

It was moved/seconded by Beckstrand/Petrovich to approve minutes of December 11, 2001. Motion carried unanimously with Councilmember Hill abstaining.

Item 2

No action, pulled per staff request.

Item 10

It was moved/seconded by Hill/Beckstrand to approve item 10. Motion Carried unanimously. 

PUBLIC HEARINGS

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 vote:

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


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”). (D. Beougher)

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 vote:

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

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 means.

Councilmember Petrovich commented that he felt uncomfortable with the verbiage and would not vote on the ordinance until the definition could be clarified.

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 Level.

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.


OLD BUSINESS

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 market.

Mayor McPoland then commended the Parks Department for their excellent work on the Skate Park.

NEW BUSINESS

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 funding.

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. 

ADJOURNMENT

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.

Respectfully Submitted,

Cynthia Goulding
Administrative Assistant II

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