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Brentwood City Council
Minutes of June 27, 2000

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

ROLL CALL

PRESENT: Councilmembers McPoland, Petrovich, Young, Mayor Kidd
ABSENT: Councilmember Gomes

PRESENTATIONS 

A. Mayor Kidd presented retiring Reserve Police Office with a Proclamation proclaiming June 30, 2000 Ronald McKinney Day in the City of Brentwood.

B. Poldina Scherrf, Recreation Supervisor, gave a brief presentation on the City of Brentwood Thursday Night Under the Stars 2000 concert series.

AGENDA REVIEW

Item No. 11 Memorandum from John Stevenson, City Engineer.

Item No. 22 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):
Construction change orders for City of Brentwood Family Aquatic Complex Parking Area (Phase ll), CIP Project 522-5202 and formal request for PG&E to expedite service.

CITIZEN COMMENTS

Jane Ramsey, Brentwood News, introduced herself as the new reporter who will be covering City.

Barbara Guise, Tri-Delta Transit, advised that free shuttles would be available for the Concert in the Park Series and Cornfest.

CONSENT CALENDAR

1. Approve Minutes of June 13, 2000. 

2. Approve Warrant Nos. 50948 – 51207.

3. Approve Resolution No. 2101 establishing the annual water service standby charges on vacant parcels of land within the City limits for Fiscal Year 2000/01, assessing the charge, and declaring that the charge be collected as part of the annual general County tax bill.

4. Approve Resolution No. 2102 establishing the annual sewer service standby charges on vacant parcels of land within the City limits for Fiscal Year 2000/01, assessing the charge, and declaring that the charge be collected as part of the annual general County tax bill.

5. Approve Resolution No. 2103 ratifying the amendments to the Memorandum of Understanding between the City and its recognized bargaining units, Department Heads and Mid-Managers for Fiscal Years 2000/01 through 2002/03. Funds for Fiscal Year 2000/01 have been included in the approved City Budget.

6. Approve Resolution No. 2104 adjusting the health benefits contribution as provided in 2000/01- 2002/03 bargaining unit labor proposals. 


7. Approve the appointments of Bob Brockman, Maria Martinek, Laurie Hemenes and Sheilah Cunningham to the Brentwood Advisory Committee for a three-year term.

8. Approve Resolution No. 2105 approving the Final Map of Subdivision 8221, Signature Properties located south of Chestnut Street and west of Garin Parkway, accepting the improvement security, approving the Subdivision Improvement Agreement, approving transfer of said property described in document number 98-0246247 by quitclaim deed to Signature Properties, and authorizing the Mayor and City Clerk to execute the same.

9. Approve a resolution accepting work performed by RGW Construction, Inc. for Sand Creek/O’Hara Avenue Extension (CIP Project No. 336-3055), Walnut Boulevard Extension (CIP No. 336-3051), and Pavement Management Program 1999-2000 (CIP No. 336-3083). (Pulled for further discussion)

10. Second reading of Ordinance No. 636 amending Section 8 of the Municipal Code by adding Chapter 8.36 relating to restrictions on tobacco advertising promotion.

11. Approve a Professional Services Agreement with Harris and Associates for the design of Walnut Boulevard Widening - ISTEA (CIP Project No. 336-3056) 

Item No. 9 was pulled from the Consent Calendar.

It was moved/seconded by Petrovich/ Young approving the Consent Calendar items 1-8, 10-11 as recommended by staff. Motion carried unanimously with Councilmember Gomes absent.

Item No. 9
Councilmember McPoland expressed concern with the work done by this contractor on the Pavement Management Program in the Valley Green area. He asked for clarification on the contract for the Pavement Management work to be done by this contractor.

Resolution No. 2106

A resolution of the City Council of the City of Brentwood accepting the work performed by RGW Construction, Inc. for road improvements of Sand Creek/O’ Hara Avenue Extension (CIP Project No. 336-3055) and Walnut Boulevard Extension (CIP Project No. 336-3051) and directing the City Clerk to file a notice of completion with the Recorder’s Office of Contra Costa County for said projects.

It was moved/seconded by McPoland/Petrovich that full reading of Resolution No. 2106 be waived and that the same be adopted as recommended by staff, and that acceptance of CIP Project No. 336-3083 be continued. Motion passed by the following vote:

AYES: Councilmembers McPoland, Petrovich, Young, Mayor Kidd 
NOES: None
ABSENT: Councilmember Gomes 

PUBLIC HEARINGS

12. Consideration of a resolution amending Master Fee Schedule Resolution No. 98-195 to include swimming pool fees. 

Craig Bronzan, Director of Parks and Recreation, spoke regarding the new pool and the fiscal costs involved in the operation of it. 

Councilmember McPoland expressed concern about the affordability of the pool for low-income families, the development of scholarships for these families.

Mayor Kidd opened public hearing, there being no one wishing to speak the public hearing was closed. 

Resolution No. 2107

A resolution of the City Council of the City of Brentwood amending Master Fee Schedule Resolution No. 98-105 revising the City's service fees to include swimming pool fees.

It was moved/seconded by Young/Petrovich that the full reading of Resolution No. 2107 be waived and that the same be adopted as recommended by Staff. Motion passed by the following vote:

AYES: Councilmembers McPoland, Petrovich, Young, Mayor Kidd
NOES: None
ABSENT: Councilmember Gomes

13. Consideration of an ordinance authorizing an amendment to the PERS Contract and approve a Resolution of Intention approving an amendment to the Contract between the Board of Administration California Public Employees’ Retirement System and the City. 

Patti Standley, Human Resources Supervisor, spoke regarding the 3% at 50 program. She stated that the City is ahead of schedule on funding. She also added there would be cost sharing of the program with employees.

Councilmember Petrovich spoke in favor of this item.

Mayor Kidd opened public hearing, there being no one wishing to speak the public hearing was closed.

Ordinance No. 638

An ordinance of the City Council of the City of Brentwood authorizing an amendment to the contract between the City of Brentwood and the Board of Administration of the California Public Employees Retirement System.

It was moved/seconded by Petrovich/McPoland that the full reading of the Ordinance be waived and that the same be passed on first reading as recommended by staff. Motion passed by the following vote:

AYES: Councilmembers, McPoland, Petrovich, Young, Mayor Kidd
NOES: None
ABSENT: Councilmember Gomes

Resolution No. 2108

A resolution of the City Council of the City of Brentwood approving an amendment to the Contract between the Board of Administration California Public Employees' Retirement System.

It was moved/seconded by Petrovich/McPoland that the full reading of Resolution No. 2108 be waived and that the same be adopted as recommended by Staff. Motion passed by the following vote:

AYES: Councilmembers McPoland, Petrovich, Young, Mayor Kidd
NOES: None
ABSENT: Councilmember Gomes

OLD BUSINESS

14. Approval of a resolution accepting work performed by the State Route 4 Bypass Authority for Sand Creek Road West improvements (Bypass to Fairview Avenue), CIP Project No. 336-3092. 

John Stevenson, City Engineer, recommended that the Item be approved as recommended in the staff report.

Resolution No. 2109

A resolution of the City Council of the City of Brentwood accepting the work performed by the State Route 4 Bypass Authority for road improvements to Sand Creek Road West, CIP Project No. 336-3092, approving the relief from Maintenance and Responsibility Agreement and directing the City Manager to execute the same

It was moved/seconded by Petrovich/McPoland that the full reading of Resolution No. 2109 be waived and that the same be adopted as recommended by Staff. Motion passed by the following vote:

AYES: Councilmembers McPoland, Petrovich, Young, Mayor Kidd
NOES: None
ABSENT: Councilmember Gomes

15. Consideration of options concerning sound attenuation along Chestnut Street.

City Manager Elam spoke about the petition and Mike Leana, Chief Planner, highlighted the staff report.

Barney Roe, 522 Stanwick, thanked staff for work on project, he stated that appearance should be a factor in the Council’s decision. 

Councilmember Petrovich felt a soundwall would not make a difference, but that the safety factor should be taken into consideration. He questioned the planning of the wall.

Mitch Oshinsky, Director of Community Development related that when that area was developed in 1991, a specific plan was made to eliminate Chestnut Street. He recommended if the Council were to decide on Option 1, then the General Plan should be amended to reflect this change.

It was moved and seconded by McPoland/ Petrovich approving Option 1 to fund the construction of a soundwall along the south side of Chestnut Street abutting the existing residential lots, which should be designed so it is aesthetically pleasing to the eye. Motion carried unanimously with Councilmember Gomes absent.

16. Authorize the City Manager to execute a lease agreement with Los Medanos College and the Contra Costa College District. 

Jon Elam spoke about the changes that were made to the lease, such as an improved fiscal proposal, the revenue stream, and the partnership with the college. 

Raul Rodriquez, President of Los Medanos College, spoke about different opportunities that would be available at the Brentwood campus. 

Councilmember McPoland commented that he was pleased about the opportunity to earn a four-year degree at the Brentwood Center. He asked for clarification on the financial aspect of the lease, and expressed concerns with the difference in rent between the business center and the college. 

Pete Garcia, Vice President, of Los Medanos College spoke about enrollment based fees, and what was projected for the first three years. They expect higher enrollments and therefore higher rents would be paid. Rent structure was initially made based on prior daytime enrollments at the Brentwood Center.

It was moved/seconded by McPoland/Young that the City Manager execute the lease with Brentwood Education and Commerce Center ("Lease") and direct the City Clerk to record a copy of the Lease. Motion carried unanimously with Councilmember Gomes absent.

17. First reading of Ordinance No. 637 with amending Title 12 of the Municipal Code by adding a Chapter 12.30 relating to the regulation of news racks in public rights of way. 

Dennis Beougher, City Attorney, stated that the following recommended changes had been implemented: grand-fathering current news racks, and the requirement for certificates of insurance.

Councilmember Petrovich requested that a five-year sunset clause be incorporated into the Ordinance for grandfathered news racks.

Mayor Kidd concurred with the five-year “sunset” clause.

Item was continued, to be brought back with the five-year “sunset” clause incorporated into it.

NEW BUSINESS

18. Approve Minutes of June 19, 2000.

It was moved/seconded by Petrovich/McPoland to approve the Minutes of June 19, 2000. Motion carried unanimously with Councilmember Gomes absent.

19. Authorize the City Manager to sign an option agreement with Christian Church Homes to purchase city owned property at 161 Sycamore Drive, APN 016-160-041. 

Jon Elam, City Manager spoke briefly on the request from Christian Church Homes.

Don McCreary, Christian Church Homes spoke of the current waiting list at Sycamore Place Apartments and the need for more affordable senior housing. Christian Church homes would pay market rate for the property and would not start building for two years. 

Bill Putman, 1220 Tidewater, stated that he was in favor of this item.

Councilmember Petrovich asked if this was the existing corporation yard site. He also commented that he liked the range of the rent payments that are available for low-income seniors.

Councilmember McPoland stated he was in favor of this item. 

Dennis Beougher stated he would bring back the option agreement for approval by the Council.

It was moved/seconded by Young/Petrovich approving the option agreement with Christian Church Homes to purchase the property located at 161 Sycamore Avenue. Motion carried unanimously with Councilmember Gomes absent. 

20. Award of contract to S.J. Amoroso/Pacific Mechanical Corporation for the construction of the Wastewater Treatment Plant (CIP No. 592-5911) in the amount of $39,272,135.00. 

Paul Eldredge, Associate Engineer, introduced the staff report, and noted that the contractor was pre-qualified during the City's pre-qualifying process.

It was moved/seconded by McPoland/Petrovich that the construction contract for the construction of the Wastewater Treatment Plant Expansion be awarded to S.J. Amoroso/Pacific Mechanical Corporation in the amount of $39,272,135.00. Motion carried unanimously with Councilmember Gomes absent.

21. Update on the Franchise Agreement with Garaventa/Brentwood Disposal Services. 

Dennis Bouegher, City Attorney, gave a brief update on the Franchise Agreement with Garaventa.

Councilmember Petrovich asked for clarification on the rates, and suggested that the issue be forwarded to the Solid Waste Subcommittee.

Thom Head, Director of Public Works spoke of the commingling of recyclables and waste. He will break down the rate structure for Council.

City Manager Elam elaborated that 73 houses are currently covered by this agreement.

Councilmember McPoland stated that more homes would be added when the pending annexation is approved.

22. Construction Change orders for the Brentwood Family Aquatic Complex parking area.

John Stevenson, City Engineer explained that this item was added because it was discovered that the quantity for the aggregate base was short and the easiest way to handle it is to have the City Manager sign change orders of 20% instead of the 10% that is usual.

Craig Bronzan, Director of Parks and Recreation stated that currently pool completion is set for July 14, 2000. They are waiting for PG&E for service, and cannot move ahead until power is installed. PG&E is currently scheduled to hook-up power on July 24, 2000. There were alternate sources of power discussed. He requested that the Mayor write a letter to PG&E explaining the situation.

Councilmember McPoland wanted to explore the option of using power from the school. He is not in favor of using a generator. 

Councilmember Petrovich stated he thinks a generator would be a good option. 

Mayor Kidd inquired about why there was a delay with PG&E and instructed Craig Bronzan to prepare a letter for him to sign.

It was moved/seconded by Petrovich/McPoland authorizing the City Manager to approve construction change orders up to 20% of the original contract amount with Grade Tech, Inc. for construction of the parking lot at the Aquatic Complex, CIP Project No. 522-5203 and request PG&E to expedite service hook-up. Motion carried unanimously with Councilmember absent.

CITIZEN COMMENTS - None

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

Councilmember Petrovich spoke briefly about the Cornfest Auction and requested items from other Councilmembers that could be auctioned.

REQUESTS FOR FUTURE AGENDA ITEMS - None

At 9:26 p.m., the City Council meeting was adjourned to June 29, 2000 at 7:00 p.m.

Respectfully submitted,
Margaret Wimberly
Administrative Assistant

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