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 City Council Agenda Item 1

Minutes of March 12, 2002

A regular meeting of the City Council of the City of Brentwood was called to order at 7:30 p.m. in the City Council Chambers located at 734 Third Street, with Mayor McPoland presiding.

Presentation of Flag by Girl Scouts and Pledge of Allegiance

Roll Call
Present: Councilmembers Beckstrand, Gomes (arrived 7:43 p.m.), Hill, Petrovich, Mayor McPoland
Absent: None


A. Proclamation Proclaiming March 10 through March 17, 2002 as Girl Scout Week. 

B. Proclamation Proclaiming April 7 through April 13, 2002 as the Week of the Young Child. 

C. New Employee Introductions and Oath of Allegiance.

Bailey Grewal, City Engineer, introduced Nick Estakhri, Associate Engineer. Mayor McPoland administered the Oath of Office.

Councilmember Gomes Arrived 7:43 p.m.


Item No. 13 Additional information and Resolution reflecting revised yearly assessment.

Item No. 14 Additional information and Resolution reflecting revised yearly assessment.


Shawn Stange, representing the Brentwood Advisory Neighborhood Committee, asked Council for direction with regards to B.A.N.C. goals and objectives. He also requested a copy of the committee’s bylaws and mission statement. 

John Stevenson, City Manager, responded that a member of the City staff would be attending all future B.A.N.C. meetings so that committee members can be updated monthly on the status of the various City projects. He further stated that staff would be gathering input from the committee regarding priority issues on the City’s Capital Improvement Program.

Councilmember Beckstrand added that Council approved the bylaws during the time that Madeline Krebbs was the Co-Chair of B.A.N.C. 

Councilmember Gomes concurred with Councilmember Beckstrand and requested that staff provide B.A.N.C. with a copy of the bylaws.

Mayor McPoland remarked that the function of the B.A.N.C. committee was to act as a liaison between the neighborhoods and the Council. He announced that he would be appointing five new members to the Committee at the next Council meeting. Mayor McPoland further commented that he would try to be in attendance at the next meeting. 

Bill Putman, 1220 Tidewater Court, Brentwood, announced the Delta Community Services St. Patrick Day Dinner, Sunday March 17, 2002 at the Community Center.


1. Approve Minutes of February 26, 2002. Pulled for further discussion.

2. Approve Resolution No. 2482 authorizing the City Manager to execute a Design Change order with Mark Thomas & Co. for completion of design and construction bid documents on Sand Creek Road East, Union Pacific Railroad to Brentwood Boulevard, CIP Project No. 336-3061, in an amount not to exceed $136,000; and to execute a Design Change Order with Carlson, Barbee & Gibson for completion of design and construction bid documents on Sand Creek Road Central, Minnesota Avenue to the Union Pacific Railroad, CIP Project No. 336-3061, in an amount not to exceed $32,000.

3. Request by the Chamber of Commerce for sponsorship of the 2002 Brentwood Cornfest in the amount of $50,000. Pulled for further discussion.

4. Approve Resolution No. 2483 approving the Final Map of Subdivision No. 8492, Deer Ridge Country Club, Village H-1-B, Lafferty Homes, located south of Balfour Road and west of Foothill Drive. 

5. Approve Resolution No. 2484 authorizing the submittal of an application for grant funds to the State of California Department of Water Resources Urban Streams Restoration Program (Costa Machado Water Bond Act of 2000 - Proposition 13) for acquisition, planning and implementation of a creek restoration project and authorizing the Parks and Recreation Director to execute and submit all documents which may be necessary for the completion of the project.13). 

6. Approve an agreement with RRM Design for revision to professional services agreement for Park Trails and Recreation Master Plan update. 

7. Approve Amendment No.1 to Lease between the City of Brentwood and Los Medanos College regarding Parking and Janitorial Services and approve an increase of $12,000.00 to the Open Purchase Order from $120,000.00 to $132,000.00 for Advanced Maintenance System. 

8. Approve Resolution No. 2485 establishing the classification description and compensation for the part-time, temporary Skate Park Supervisor.

9. Approve Resolution No. 2486 authorizing the City Manager to execute three (3) License Agreements with the East Bay Municipal Utility District (EBMUD) for the installation of a Storm Drainage, a Non-Potable Water Line, and a Fiber Optic Line as shown on the Drainage Area 52C Storm Line A Improvement Plans, and crossing under the EBMUD Mokelumne Aqueducts south of Sunset Road near the City Limits. 

10. Approve Resolution No. 2487 authorizing the closure of certain streets to facilitate the Annual Immaculate Heart of Mary Church Holy Week Parade. 
11. Approve Resolution No. 2488 for expenditures to start the Community Facilities District (Fire) and amend the 2001/2002 fire budget to the amount of approximately $184,000, an increase of $84,000. 

12. Approve Resolution No. 2489 adopting the Local Goals and Policies and Appraisal Standards Concerning the Use of the Community Facilities Act of 1982. 

13. Approve a Resolution declaring the intent to establish the City of Brentwood Community Facilities District No. 1 (CFD No. 1) to levy a special tax therein to finance certain public improvements, and set a date of April 23, 2002, at 7:30 PM for the public hearing. Pulled for further discussion.

14. Approve a Resolution declaring the intent to establish the City of Brentwood Community Facilities District No. 2 (CFD No. 2) to levy a special tax therein to finance certain public improvements, approve a resolution of declaring the necessary of incurring bonded indebtedness, and set a date of April 23, 2002, at 7:30 PM for the public hearing. Pulled for further discussion.

15. Update of City Council strategic goals and objectives. 

16. Authorize the City Manager to enter into agreement with Abey/Arnold Associates, Landscape Architects to provide construction documents for the 37-acre Sunset Sports Complex, CIP Project 522-520, and authorize the City Manager to approve change orders up to ten percent.

16A. Reject all construction bids for the Brentwood Boulevard/Lone Tree Way Wastewater CIP Project #592-5910.

It was moved seconded by Beckstrand/Gomes that Consent Calendar items 2, 4-12, 15–16A be approved as recommended by staff. Motion carried unanimously.

Item 1

Approve Minutes of February 26, 2002.

The minutes were corrected to reflect that Sister Delores Castro read a prepared statement into the record and questioned why Orchard Park neighborhood continued to be in the redevelopment area subject to eminent domain.

It was moved seconded by Hill/Beckstrand to approve Consent Calendar Item 1 as amended. Motion carried with Councilmember Petrovich Abstaining.

Item 3

Request by the Chamber of Commerce for sponsorship of the 2002 Brentwood Cornfest in the amount of $50,000. 

Councilmember Petrovich stated that he was not in favor of this item.

Greg Robinson, 46 Pippo Place, Brentwood, and Jeannette Brandt, 5000 South Point, Discovery Bay, gave a brief overview of the activities, which are being planned for the Brentwood Cornfest 2002 and requested the support of City Sponsorship.

Councilmember Beckstrand asked how much money the City actually contributed to the Cornfest last year after all the bills were submitted for reimbursement.

Mr. Robinson replied that the City contributed $50,000 and was reimbursed $37,706.51 for services resulting in an actual contribution of $12,293.49.

Councilmember Hill suggested that this item be discussed at the subcommittee level so that some concerns could be discussed.

Mayor McPoland concurred stating that the staff report did not contain any information about the pricing structure for booths or concessions for non-profit organizations. Additionally, he will be forming an adhoc committee to address the concerns.

Mr. Robinson commented that the pricing for booths and non-profits would be exactly the same as last year. 

Mayor McPoland appointed Councilmembers Beckstrand and Hill to the Cornfest AdHoc Committee and requested that they meet with the Cornfest Committee and report back to Council on March 26th, 2002.

It was moved/seconded by Gomes/Hill to continue the request by the Chamber of Commerce for sponsorship of the 2002 Brentwood Cornfest in the amount of $50,000 until March 26, 2002. Motion carried unanimously.

Item 13

Approve a Resolution declaring the intent to establish the City of Brentwood Community Facilities District No. 1 (CFD 1) to levy a special tax therein to finance certain public improvements, and set a date of April 23, 2002, at 7:30 PM for the public hearing.

John Stevenson, City Manager, gave an overview the Community Facilities Districts (CFD) Nos. 1 and 2 explaining that a Community Facilities District is proposed because it offers greater flexibility regarding fire suppression and emergency medical services that may have some benefit to the general public. CFD No. 1 is proposed to provide a revenue stream for the salaries, benefits and other incidental costs to increase the number of firefighting/emergency medical services (EMS) personnel located within the City of Brentwood. 

The special tax rate will be set at $65 per single family home with a maximum increase of 2% per year. Parcels that have not been issued a building permit prior to January 1st of the ensuing fiscal year will not be taxed. This special tax will sunset June 30, 2053.

Councilmember Hill commented that he felt this item was premature and asked why we are not waiting for the City Gate Report. He further stated that we should decide on the level of service we want to deliver to the community; have community discussions on the services we will provide and then look at other revenue streams to explore before we deliver a dollar amount to the community. We should also explore other sources of revenue, why not look to the sales tax dollars that will be generated by the projects coming up in the next few years and see if some of those funds can be earmarked to fix the problem once and for all.

Mayor McPoland felt Brentwood is in a crisis mode for EMT and Paramedic services. He also stated that he has been meeting with the County to find out their intent. The preliminary report from City Gate will be ready shortly, but if we do a ballot measure this year, we must do it at this time. The assessment is not necessarily for the residents, but for the future residents and future new homes that will be built in Brentwood. 

John Stevenson, City Manager, commented that Council, annually, has the option to subsidize this program to the extent that it wants to. This is simply a maximum figure that will make it possible to pay the fees if the Council and the City are not able to. 

Councilmember Hill further commented that he had no problem acting on Item 14 (Approve a Resolution declaring the intent to establish the City of Brentwood Community Facilities District No. 2 (CFD 2) to levy a special tax therein to finance certain public improvements, approve a resolution of declaring the necessity of incurring bonded indebtedness, and set a date of April 23, 2002, at 7:30 PM for the public hearing) but felt uncomfortable acting on item 13 without the benefit of the City Gate Report.

Mayor McPoland concurred with Councilmember Hill’s comments and asked Karen Diaz, Deputy City Manager/City Clerk about the necessity of moving forward with Item 13 at tonight’s meeting.

Ms. Diaz responded that it is her understanding that we have to get a ballot measure so that the County Assessor’s Office can make the tax rolls by August 10, 2002.

Mayor McPoland commented that we are not sure of the dollar amount because we are not sure of the level of service we will provide. He then asked if we passed item 13 tonight, could the special tax rate be changed.

Ms. Diaz replied that the special tax rate could be lowered but not increased.

Councilmember Hill reiterated that he does not have a lot of confidence in the report from East Diablo Fire District. They are not familiar with our future build out plans for the City and he feels that they cannot reasonably determine if we will need 3 stations or 5 stations. He pointed out the reason we went to City Gate is to define the level of service we want to provide to our community and the steps we need to take to do so. 

Mr. Stevenson commented that East Diablo Fire District’s current plan is for four stations. If, in the future, we consolidate and put East Diablo’s stations with the other district stations, we don’t need four, we will only need three. That will drive the special tax rate down.

Councilmember Hill responded that he does not feel comfortable discussing consolidation. He stated he did not see any reason for the City to consolidate with a system that is failing only to make it better for the district. Consolidation does not yield any benefit to our residents.

Councilmember Gomes and Mayor McPoland both concurred that there was not enough available data to make a decision.

It was moved seconded by Petrovich/Hill that Consent Calendar Item 13 be continued to March 26, 2002. Motion carried unanimously

Item 14

Approve a Resolution declaring the intent to establish the City of Brentwood Community Facilities District No. 2 (CFD 2) to levy a special tax therein to finance certain public improvements, approve a resolution of declaring the necessary of incurring bonded indebtedness, and set a date of April 23, 2002, at 7:30 PM for the public hearing.

It was moved/seconded by Petrovich/Hill that item 14 be continued to March 26, 2002. Motion carried unanimously.


17. Citizen comments concerning renewal of AT & T Broadband Cable Franchise. 

Dennis Beougher, City Attorney, gave a brief introduction to the item.

The Public Hearing was opened. 

Roy Fontes, 1529 Bismark Lane, Brentwood, commented that we have no availability of high-speed data lines. He further stated that it is very difficult to navigate their phone system to report problems.

Harriette Heiss, 1468 Bismark Lane, complained regarding program performance by AT&T Broadband objecting to the duplicate programming. She further stated that her previous cable company offered senior citizens a digital programming package for a lower fee if pre-paid annually. 

Robert B. Krall, 153 Honeygold Lane, commented that Brentwood is offered fewer channels than any other City in the East Bay. He further stated that he felt Brentwood is taking a back seat to all the other systems and would like to know why we have to pay more to get equitable service.

There being no one else wishing to speak the public hearing was closed.

18. Amending Chapter 5.24 of Brentwood Municipal Code re: Cable Franchise. 

Dennis Beougher, City Attorney, introduced the item and stated that AT&T has requested a continuance for two week so they may be able to review the ordinance and prepare a response.

Councilmember Hill requested to see an assessment of average costs for the services as it relates to price paid for channels so we can see how Brentwood compares to other East Bay communities.

Councilmember Petrovich expressed concern that we have tried to work with AT&T Broadband on these issues for the last five years and have received nothing from them. He made a motion to act on this item tonight.

Councilmember Beckstrand concurred, stating that she has served on the subcommittee for several years and we have asked for increased services, discounts for seniors have continually been given the run around. She further stated that she felt they are in breech of their franchise contract and she is ready to move forward with the issue as well.

The Public Hearing was opened.

Philip Arndt, AT&T Broadband, stated that he understands the concerns of the Council. He offered to discuss the concerns of the citizens privately after the meeting. He further stated that AT&T did not know this Ordinance was on the agenda until yesterday and they need an opportunity to sit down and meet with staff regarding the changes to the Ordinance, which will affect the franchise. Mr. Arndt read a prepared statement from the AT&T attorneys stating that they would not comply with the changes in the Ordinance unless AT&T accepts and agrees with the changes.

Councilmember Petrovich asked Mr. Arndt to identify the attorney who wrote the letter.

Mr. Arndt responded his name was Michael Hurst. 

Councilmember Hill commented that if we approve the first reading of the ordinance tonight, there is no reason why AT&T cannot meet with Staff to discuss the ordinance and incorporate any changes there may be before the second reading. 

Councilmember Petrovich stated for the record that he mailed Michael Hurst a copy of the document about three weeks ago. He then asked Mr. Arndt to address the complaints of the citizen’s now instead of waiting until the conclusion of the meeting.

Brentwood currently only gets 43 channels on the analogue service, when the analogue system is upgraded, we will receive more channels. No upgrades are schedule to our analogue system this year but AT&T will be adding new channels to the digital service in April, 2002. 

Mayor McPoland asked why we shouldn’t be entitled to the same number of channels as other communities for the same cost.

Councilmember Petrovich stated that the previous contract stated upgrades would be done in three years and that was five years ago. To date, nothing has been done.

Mayor McPoland concurred that an AT&T representative appeared before City Council five years ago and made the same promises and nothing has been done.

Councilmember Gomes stated that our community is trying to achieve equity with surrounding communities. Antioch receives a much higher level of service. What population does our City have to reach before AT&T takes us seriously? We are tired of hearing the same response that we have hear year after year. You have not in good faith done anything to achieve that. Tonight you are stating five years, what about the five years before that when you promised the same thing?

Mr. Arndt commented that in order to remain competitive, AT&T recognizes that they need to provide these services to their customers. Brentwood is one of the 76% of the customers that are not upgraded.

Mayor McPoland stated that we have one of the highest per capita educated work forces in the county and yet we keep hearing over and over that upgrades are coming and nothing happens. This has gone on long enough; we are fed up with AT&T.

The following people expressed concern about AT&T Broadband:

Rick Biggs, 1761 Castellina Drive, encouraged the Council to do whatever they can to get rid of AT&T Broadband services. 

Robert B. Krall, 153 Honeygold, stated that both the Concord and Danville franchises had competition, once AT&T found out they had competition; they immediately rebuilt the entire system. 

Tom Corbin, 530 Red Rome Lane, asked how many channels our current system could receive with upgrading and rebuilding.

Councilmember Petrovich, the current cable system is built with electronics and cable that were at one time speced to a certain frequency. Cable is probably useable, the amplifiers would have to be changed and re-spaced. That is called a bandage approach. It is a cheap way of doing things but it works. Otherwise the system is old and needs to be replaced. 

Margaret Straight, 513 Edgefield, moved to new subdivision in Brentwood and only gets two channels. They have called AT&T numerous times and have been told that an AT&T representative will come out check the nearest cross street to see what needs to be done. They have noticed that many subdivisions have dish satellites up on their roofs. Think it is very sad that AT&T would allow this business to go away rather than try to improve services in Brentwood.

Vicky Murray, 761 Mary Crest, Garin Ranch, has been calling since November, 2001 and cannot get a AT&T cable representative to come out and install cable. 

Jerry Giddens, Gladstone, Summerset II, commented that he could not believe AT&T did not have enough money to upgrade the system.

Philip Arndt then addressed the issue of new development areas. They do not have power supply from PG&E. It is a separate issue than getting electrical power to the house. AT&T are obligated to lay cable in new development areas, they are losing revenue from customers but without power supply from PG&E, there hands are tied. The problem is happening everywhere but it is improving.

There being no one else wishing to speak the public hearing was closed.



It was moved/seconded by Beckstrand/Petrovich that the first reading of Ordinance No. 700 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote: 

AYES: Councilmember Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
NOES: None

Council convened for a short break at 9:11p.m. 

Council reconvened at 9:24p.m.


19. Provide direction to staff on whether to amend the affordable housing guidelines for KB Home, California Orchard Tract 8199 and specify what changes need to be made. 

Winston Rhodes, Senior Planner, introduced the item stating that the Mayor originally requested this item be brought back to Council to address the concern that the three-person minimum household size requirement described in Guideline 1 is creating a barrier for otherwise eligible households to participate in the California Orchard affordable housing program. The concern expressed is that low-income single persons or single parents with one child are currently ineligible to participate in the program. Councilmember Petrovich also expressed concerns about the required length of the affordability controls and wanted staff to research this matter. Specifically, he wanted to review the required 30-year affordability controls period.

Mr. Rhodes further explained that the 30-year affordability control requirement was originally set forth in the development agreement between the City and KB Homes, which included the provision for a density bonus of 145 units. Under State law, when a city provides a density bonus in exchange for affordable housing, the controls are required to be set in place for a minimum of 30 years or longer. Affordability controls provide the mechanism to ensure long-term affordability of a portion the City’s housing stock. Low-income homebuyers still benefit from appreciation of their homes because the maximum income limits for low-income households rise over time. Thus, a future low-income household will have a higher income and will be able to afford a more expensive sales price than the initial low-income homebuyer.

Mayor McPoland commented that he felt that schoolteachers or police officers that are single or have one child should not be excluded from the program. 

Mayor McPoland also stated that this program has put people in houses that ordinarily would not be able to afford a house. It does not appreciate as fast as a regular market rate home but it does appreciate and thirdly, it gives the person a tax break.

Dennis Beougher, City Attorney, there is no real estate commission if they decide to sell. The City is automatically responsible to get a new owner into the home.

Councilmember Hill remarked that he felt that given the current state of the real estate market, we may be responding to a situation that may be more market driven than one that may not be the optimum. He further stated that he would support lowering the size requirement to a two-person household and would not be opposed to dropping the affordability control limit to 20 years but is he is not feel comfortable that we have a legal opinion that allows us to do that.

Councilmember Petrovich stated that he did not agree with the legal opinion and feels that we could lower the affordability control limit.

Councilmember Beckstrand stated that she would agree to reduce the occupancy requirement to two, but did not feel the occupancy should be reduced to one. 

Councilmember Hill asked Mitch Oshinski, Director of Community Development, to show the slide prepared by Community Development illustrating the equity realization of a homeowner over a 12-year period. 

Mr. Oshinsky gave a brief overview of the projected increase in equity, which equates to approximately $90,000 over a 12-year period.

Councilmember Petrovich requested a copy of the agreement that is signed by the homeowner so that he can confirm that it states the homeowner can recognize the increase in equity.

Councilmember Hill asked Councilmember Petrovich if his concerns would be satisfied with regards to the affordability control limit if the agreement does state that the homeowners will realize the appreciation in the home.

Councilmember Petrovich confirmed that it would. 

It was moved/seconded by Hill/Gomes that the occupancy restriction by adjusted from three to two persons per household and the 30-year affordability control requirement be continued to a future date. Motion carried unanimously.

20. Approve the second reading of Ordinance No. 699 to eliminate the existing time limits to incur debt for the Merged Redevelopment Plan for the Brentwood and North Brentwood Redevelopment Projects pursuant to Health and Safety Code Section 33333.6(e)(2), and amending related ordinances in connection therewith.

Howard Sword, Director of Economic Development, explained that the second reading of Ordinance 699 would normally be on the Consent Calendar however, since Council has invoked the Rule of Necessity, the item was moved to Old Business so the appropriate Councilmembers could vote.



It was moved/seconded by Gomes/Beckstrand that the first reading of Ordinance No. 699 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote: 

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


21. Approve a resolution approving the Urban Forest Guidelines document, for use in establishing tree planting standards for Brentwood and for reviewing and making recommendations on landscape plans for all new developments and City Capital Improvement Projects. 

Craig Bronzan, Director of Parks and Recreation introduced the Forest Guidelines Document that established tree-planting standards for the City of Brentwood. Effective July 1, 2000, the Department of Parks and Recreation was given responsibility to oversee the planting and maintenance of trees in parks, Lighting and Landscape Districts, and roadway/medians, and other public places. As a result of this responsibility, staff has been working on the development of tree planting standards that would be used for trees that are planted on public property or within a City easement. During the development of these standards, the City has experienced numerous problems associated with poor planting, or improper selection of trees close to hardscaping and sound walls. This new document is intended to be used to eliminate these problems from occurring in the future.

Councilmember Hill asked for clarification that this information is not intended to dictate to homeowners the types of trees to be planted in their yards.

Mr. Bronzan responded that the information will be made available to homeowners seeking guidance in the types of trees they should be planting, but we are in no way trying to dictate what type of tree they can grow.

Ken DeSilva, Parks Services Manager, gave a presentation outlining the details of the program, showing several landscaping diagrams outlining the benefits of the program.

Councilmember Hill asked why, when the liability of future on-going maintenance becomes the burden of the City, would we not tell a developer exactly what we want planted in the public right of way rather than leave that up to their discretion? 

Mr. DeSilva stated that we do look at the selection types when the plans come in from developers. If the guidelines are followed by the developers, the trees will be satisfactory.



It was moved/seconded by Gomes/Beckstrand that the full reading of Resolution 2490 be waived and that the same be adopted. Motion passed by the following vote:

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

22. Approve $2,500 in funding for the Every 15 Minutes program. 

Sergeant Bryan Smith gave a brief over view of the every 15 Minutes Program explaining that it is a national program developed to reduce teen drinking and driving. The name refers to a statistic that, in the United States, one person dies in an alcohol-related accident on an average of every 15 minutes. In the spring of 2000, the two-day program was held at Liberty High School, and involved several public safety agencies as well as numerous community members in the area. The program focuses on students in grades 11 and 12, and is extremely impacting on those kids who are facing vital choices of drinking and driving. The program is preferably held every two years to enable all students to eventually be involved in the program. In the year 2000 the program was funded through a $2,089 grant from the California Office of Traffic Safety to the Department of Alcoholic Beverage Control. In addition to the grant, $1,205 in donations from local businesses and individuals was received to total $3,294. This year, donations will again be accepted; however, we have learned that the Every 15 Minutes grant will not be available.

Bill Hill stated he would like to address the two-year issue separately.

It was moved/seconded by Petrovich/Gomes to approve $2,500 in funding for the Every 15 Minutes program. Motion carried unanimously.




The meeting was adjourned to closed session at 10:00 p.m.

The meeting reconvened in open session at 11:55 p.m. with no reportable action. 


There being not further business, the meeting was adjourned at 11:58 p.m.

Respectfully Submitted,

Cynthia Goulding
Deputy City Clerk