City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

Past Agendas

MINUTES
CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
April 8, 2003

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 Chamber located at 734 Third Street, with Mayor Swisher presiding.

Present: Councilmembers Beckstrand, Gutierrez, Hill, Petrovich, Mayor Swisher
Absent: None

PRESENTATIONS

A. Oath of Office for Arts Commission appointee Sandra VanDyke. Continued to April 22 City Council meeting.

B. Pam Ehler, Director of Finance and Information Systems, presented 2001/02 CAFR Award received from California Society of Municipal Finance Officers. CSMFO awarded this to the City of Brentwood has qualified for the highest level of financial reporting standards. Prepared in house and ahead of schedule. Special recognition went to the Finance Department.

C. Craig Bronzan presented recognition awards received from the California Park and Recreation Society for the following: Award of Excellence in the Promotion and Development of Programs, Parks and Facilities for the design of the skate park, and the Fall/Winter Activity Guide; an Award of Merit for Best Single Brochure for the Summer 2002 Activities Guide. And a Merit Award for our special brochure summer nights under the stars concert series; Best Logo Award for “hoopin” it up logo for our basketball clinic.

AGENDA REVIEW

Consideration of a motion to add the following item to the agenda on the basis that the item came to the attention of staff after the agenda was posted. (Gov’t Code 54956.5)

Item No. 22A
Consideration of Temporary Use Permit No. 03-04 to allow the Brentwood Lion’s Club and Brentwood Delta Wrestling Club the use of City owned property for the staging of a Community Fundraiser, located south of Oak Street, east of Walnut Avenue, and west of the railroad tracks for 5 days beginning Wednesday, April 9, 2003. (Oshinsky/Zilm)

It was moved/seconded by Petrovich/Beckstrand to add Item No. 22A to the agenda on the basis that the item came to the attention of staff after the agenda was posted. (Gov’t Code 54956.5). Motion carried unanimously.

CITIZEN COMMENTS

Christine Young, resident, presented photos and expressed concern about 6 garages that were built next to her home at 107 Sycamore Avenue that are being used for commercial use. She noted that the City is leasing the garages for City vehicles.

Brad Middleton, resident, said he rents property at 107 Sycamore and that he recently received a letter from the owner advising him of a large increase in his rent. He said he moved to Brentwood four years ago because he wanted his children in the Brentwood School District.

CONSENT CALENDAR

1. Approved Minutes of March 25, 2003.

2. Adopted and waived second reading of Ordinance No. 739 to rezone a 14.7 acre site from R-2 and R-3 (Moderate and High Density Multi-Family Residential) to PD-63 (Planned Development 63) and add development standards for PD-63.

3. Approved Resolution No. 2820 authorizing the closure of certain streets to facilitate the City of Brentwood Parks and Recreation Department’s Spring to Life Fun Run on Saturday, April 26, 2003.

4. Accepted the “Request For Qualifications For Architectural Services”, (RFQ) and Direct staff to proceed with the distribution, collection and review of the “Request For Qualifications For Architectural Services” for the Preliminary Site Selection & Preparation of a Site Plan; Substantial Design Development; and Plan Preparation, including drawings and specifications, engineering, site surveying and coordination for related preliminary construction work for new City Hall offices.

5. Approved Resolution No. 2821 authorizing the addition of a third (3rd) Deferred Compensation Plan for the City Employees through STARS (Self-Directed Tax Advantage Requirement Systems).

6. Rejected the claim submitted by Grace Webster as recommended by the City’s third-party insurance adjuster, Contra Costa County Municipal Risk Management Insurance Authority and the City Attorney.

7. Approved Resolution No. 2822 authorizing the City Manager to execute a Consultant Services Agreement for fiscal year 2003/04, to continue utilizing the right-of-way services of Associated Right of Way Services, Inc. in an amount not to exceed $250,000.

8. Approved Resolution No. 2823 approving the Final Map of Subdivision No. 8515, Lone Tree Plaza, Arcadia Development Company, located east of Heidorn Ranch Road and south of Lone Tree Way, accepting the improvement security, approving the Subdivision Improvement and Reimbursement Agreement for costs associated with Master Plan Facility improvements, and authorizing the Mayor and City Clerk to execute the same.

9. Approved Resolution No. 2824 authorizing the transfer of all rights, duties, and obligations created by a Development Agreement between the City and Arcadia Development Company to Donahue Schriber for Phase II and Home Depot for Phase I.

10. Approved Resolution No. 2825 accepting the offers of dedication for easements for ingress and egress by emergency vehicles for Parcels “A”, “B” and “C” (private streets); accepting the offers of dedication for the areas designated as “Storm Drain Easements” or “S.D.E.” for public use for storm, flood and surface water drainage purpose; accepting the offers of dedication for Parcel “M” and areas marked as P.S.E. (Public Service Easement) as dedicated to the City of Brentwood for public use as shown on the Final Map; accepting the subsurface water and abutters rights relinquished on said Final Map and accepting public improvements (waterlines, sanitary sewer, storm drain, fiber optics and streets with all related improvements including the landscaping on Fairview Avenue), accepting the Subdivision Maintenance Bond (Bond No. 6042589-0001 in the amount of $661,672.35) and releasing the Subdivision Performance and Payment Bonds for Subdivision No. 8084, “Summerset at Brentwood Country Club” by Pulte Home Corporation, located south of Balfour Road and west of Fairview Avenue extension.

11. Approved Resolution No. 2826 accepting the work performed by Antioch Paving Company for the 2001/2002 Pavement Management Program, CIP Project No. 336-3083 (01/02), and direct the City Clerk to file a Notice of Completion with the County Recorder.

12. Approved Resolution No. 2827 approving a Reimbursement Agreement with Centex Homes, Subdivision No. 8469, for costs associated with Master Plan Facility improvements.

13. Approved Resolution No. 2828 requesting the Metropolitan Transportation Commission allocate fiscal year 2003/2004 Transportation Development Act (TDA) Article 3 funding for the City of Brentwood project, curb cuts in existing sidewalks for safe bicycle transition from Class I bike trails to Class II bike lanes.

14. Approved Resolution No. 2829 recommending that City Council, by resolution, support bills AB 437 and AB 723 in order to secure certain state incentives for the Jobs/Housing Opportunity Zones.

15. Approved the appointment of Dirk Zeigler to the Brentwood Advisory Neighborhood Committee for a three-year term ending December 2005.

16. Accepted the resignation of Ronald Fugazzi as the City’s alternate representative to the Contra Costa Library Commission and directed staff to advertise the vacancy.

17. Approved Resolution No. 2830 authorizing the closure of certain streets in order to facilitate the Immaculate Heart of Mary Church Easter Procession on Friday, April 18, 2003.

18. Approved the appointment of Council Members Pete Petrovich and Bill Hill to the Ad Hoc Committee for participation in the construction of the New Police Facility. This committee will select the replacement architectural firm for the New Police Facility Project, CIP Project No. 336-3110.

19. Approved the appointment of Mayor Swisher and Vice Mayor Beckstrand to a subcommittee of the Delta 6 to review and study the feasibility of a regional minor league baseball sports facility.

20. Approved the Agreement for Payment with Vineyards at Marsh Creek, L.L.C. for Design Workshop Services for the proposed Vineyards at Marsh Creek Project located near Marsh Creek Road and the southerly extension of Fairview Avenue.

21. Approved the Agreement for Contract Services with Hart Howerton, Ltd. for Design Workshop Services for the proposed Vineyards at Marsh Creek Project located near Marsh Creek Road and the southerly extension of Fairview Avenue, for an amount not to exceed $80,000 plus a 10% contingency amount.

It was moved/seconded by Petrovich/Gutierrez to approve Consent Items 1 through 20 as recommended by staff. Motioned carried unanimously.

Item 21. Councilmember Gutierrez said she found that the discussion was not keeping on topic and had asked questions about the scope, mission statement, and instructions because the main purpose, “the different uses”, were not being discussed. In the future, she would like to see that the facilitation goes in appropriate direction.

It was moved/seconded by Gutierrez/Hill to approve item 21 as submitted. Motion carried unanimously.

22A. Consideration of Temporary Use Permit No. 03-04 to allow the Brentwood Lion’s Club and Brentwood Delta Wrestling Club the use of City owned property for the staging of a Community Fundraiser, located south of Oak Street, east of Walnut Avenue, and west of the railroad tracks for 5 days beginning Wednesday, April 9, 2003.

Mitch Oshinsky, Community Development Director, introduced the staff report and said the Brentwood Lion’s Club, in conjunction with the Brentwood Delta Wrestling Club, submitted an application on March 28th 2003 to use City owned property located on the corner of Walnut and Oak Street for a community carnival to help raise money for the local high schools’ senior ball. He explained that recently revised temporary use provisions in the Municipal Code now require City Council approval when a temporary use is proposed on City property.

Richard Fertado, owner of property located at 3777 Walnut Blvd., and 3.5 acres at 3787 Walnut Blvd., objected the location due to traffic and safety issues. He expressed concern about the lack of notification regarding the issue. He request that Councilmember Gutierrez excuse herself from considering this issue.

Tom Garcia, parent and event coordinator, provided an overview and an outline of what he has done to get to this point in time. In January 2003 presented a letter to the City Manager’s office completely outlining what we were going to do and how we were going to do it, and what we thought needed to be done and noted that he had support from Councilmember Petrovich and Mayor Swisher.

Jessica Rogers, Liberty High Senior Class President, advised that the Senior class has already sold 50 ticket books in preparation for the carnival.

Greg Robinson, resident, spoke in support of Mr. Garcia and the proposed carnival.

Councilmember Beckstrand stated that she had a lengthy discussion with Mr. Garcia about how to obtain a temporary use permit. She told him the land was owned by the Redevelopment Agency and that if he had followed through on her suggestion to go forward sooner, he wouldn’t be in this situation.

Councilmember Hill was concerned about the safety issues regarding the sidewalks and the lack of ingress and egress as the site is ill prepared for this type of event.

Councilmember Gutierrez said she understands why she was asked to not participate in the vote because she is a teacher at Liberty High School. She felt this was a huge miscommunication.

Councilmember Petrovich stated that he did endorse Mr. Garcia’s project, and that he told him to contact staff and have the event anywhere but City property.

Mr. Oshinsky said that the Municipal Code states that any temporary use proposed on City property requires the approval of the City Council.

It was moved/seconded by Beckstrand/ Gutierrez to deny the application for Temporary Use Permit No. 03-04. Motion carried unanimously.

PUBLIC HEARINGS

22. Consideration of an Ordinance adding Chapter 10.22 concerning the regulation of the use of electric personal assistive mobility devices (“EPAMDs”).

Dennis Beougher, City Attorney, introduced the item and advised that recently Legislation established regulations regarding the use of EPAMDs. The legislation required that EPAMDs, among other things, be equipped with front, rear, and side reflectors, a system that enables the driver to bring the device to a controlled stop, lamps for nighttime visibility, and as sound emitting device. The legislation further provides that the statutory regulations shall not become operative until March 1, 2003, and shall remain in effect until January 1, 2008. The bill provides that cities may adopt an ordinance to restrict the time, place, and manner of operation of the EDAMPs.

Mayor Swisher opened the public hearing. There being no one wishing to speak, the hearing was closed.

ORDINANCE NO. 740

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADDING CHAPTER 10. 22 REGULATION THE USE OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES

It was moved/seconded by Hill/Gutierrez that full reading of Ordinance No. 740 be waived and that the same be approved on first reading as recommended by the City Attorney. Motion passed by the following vote:

AYES: Councilmembers Beckstrand, Gutierrez, Hill, Petrovich, Mayor Swisher
NOES: None
ABSENT: None
ABSTAIN: None

23. Consideration of an Ordinance amending Chapter 14.01; Sections 14.01.350, 14.01.580 and 14.01.600 of the Brentwood Municipal Code pertaining to the Municipal Water System.

Ms. Ehler introduced the staff report and provided background information concerning the problems associated with the payments for delinquent and disconnected water service accounts as a result of non-payment, and temporary hydrants.

Mayor Swisher opened the public hearing. There being no one wishing to speak, the hearing was closed.

Councilmember Petrovich suggested that certified funds and ATM cards be included as a means of payment for reconnection charges.

ORDINANCE NO. 741

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD, AMENDING CHAPTER 14.01, SECTIONS 14.01.350, 14.01.580 AND 14.01.600 OF THE BRENTWOOD MUNICIPAL CODE PERTAINING TO THE MUNICIPAL WATER SYSTEM

It was moved/seconded by Petrovich/Hill to waive full reading and approve Ordinance No. 741 on first reading as recommended by staff and with the change that certified funds and ATM cards be included as a means of payment for reconnection charges that as recommended by staff. Motion passed by the following vote:

AYES: Councilmembers Beckstrand, Gutierrez, Hill, Petrovich, Mayor Swisher
NOES: None
ABSENT: None
ABSTAIN: None

OLD BUSINESS

24. Approve a Resolution authorizing the City Manager to execute a new Public Highway Crossing Agreement with the Union Pacific Railroad Company for the Sand Creek Road East Project, CIP Project No. 336-3061

Bailey Grewal, City Engineer, introduced the staff report and provided and overview on the evolution of this project.

RESOLUTION NO. 2831

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC HIGHWAY CROSSING AGREEMENT WITH THE UNION PACIFIC RAILROAD IN THE AMOUNT OF $579,731.00 FOR SAND CREEK ROAD (EAST), CIP PROJECT NO. 336-3061

It was moved/seconded by Beckstrand/Petrovich to approve Resolution No. 2831 as recommended by staff. Motion carried unanimously.

NEW BUSINESS

25. Discussion concerning satisfaction of Condition 14 of Planning Commission Design Review Resolution 01-28 Amended (AIG Baker Pad C Fire Sprinklers).

Randy Kidwell, Chief Building Official, introduced the staff report. He advised that the Condition #14 has been met and felt it would be inappropriate to require sprinklers at this time because the fire sprinkler requirement for this type of area does not exist in the Uniformed Building Code or the Fire Code. He said staff is prepared to draft a Commercial Fire Sprinkler Ordinance if that is the desire of the Council.

After discussion, the City Council directed staff to draft an ordinance to include fire sprinklers for all commercial and industrial buildings for Council consideration.
and Home Depot for Phase I of Subarea A (D. Beougher
INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

Councilmember Beckstrand advised that she would be on the interview panel for the selection of the new Bypass project manger.

REQUESTS FOR FUTURE AGENDA ITEMS

Councilmember Hill requested a report concerning the issue raised by Christine Young about 107 Sycamore Avenue.

There being no further business the meeting adjourned at 8:10 p.m.

Respectfully Submitted,

Karen Diaz, CMC
City Clerk

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov