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City of Brentwood
Minutes of January 23, 2001

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, Brentwood, California, with Mayor McPoland presiding.

ROLL CALL

PRESENT: Councilmembers Gomes, Hill, Petrovich, Young, Mayor McPoland
ABSENT: One Vacancy 

Minister John McLaughlin spoke regarding the life and career of Brentwood resident Willie Wilkins, a Police Officer with the City of Oakland who was killed in the line of duty 

Mayor McPoland requested a moment of silence in honor of Mr. Wilkins.

PRESENTATIONS:

A. Mayor McPoland introduced members of Boy Scout Troop 93, Mt. Diablo Silverado council who are working on their Citizens of the Community badge and Councilmember Hill thanked them for attending the meeting.

B. Mayor McPoland presented Jeff Cowling and Laine Lawrence with Certificates of Appreciation and thanked them for their service on the Planning Commission. Jim Alves who was unable to attend.

CITIZENS COMMENTS 

Barbara Guise, TriDelta Transit, gave an update on the progress of the trolley buses and they are expected for delivery in April. She also said this will enable the dimes a ride to expand their route to include the Post Office and Summerset. She also gave an update on the Cemetery Board and said they have installed a new fence along with a solar light at the entrance of the cemetery. She also stated that there is currently a vacancy on the Cemetery Board and Supervisor Federal Glover will be making the appointment. There will also be a rose pruning instruction class held at the cemetery on February 10 at 10:00 a.m. 

INTERVIEWS OF APPLICANTS FOR CITY COUNCIL

At the direction of the City Council during a special meeting held Friday, January 19, 2001, staff contacted all the candidates in the November 7, 2000 to interview for the vacant city council seat. All of the candidates with the exception of Betsy McCormick accepted the invitation to interview at tonight’s meeting.

Staff conducted a random drawing to determine the order in which the candidates will be interviewed. The results are as follows:

Quintin Kidd
Richard Bates
Robert Taylor
Annette Beckstrand

Richard Bates withdrew his name and spoke in support of Annette Beckstrand, who was the next highest vote getter in the November election.

The City Council conducted interviews.

CONSIDERATION OF APPOINTMENT TO THE CITY COUNCIL

It was moved/seconded by Gomes/Petrovich to appoint Quintin Kidd to fill the Council vacancy. Motion failed by the following vote:

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

It was moved/seconded by Gomes/Petrovich to appoint Annette Beckstrand to fill the Council vacancy. Motion carried by the following vote:

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

Karen Diaz, City Clerk, administer the Oath of Office to Annette Beckstrand.

Council took a break at 8:25 p.m. and reconvened at 8:35 p.m. 

CONSENT CALENDAR

Approve Minutes of January 9, 2001. (Pulled for further discussion)

Second reading of Ordinance No. 655 amending the prezoning designation on 154± acres of SPA ‘H’ from PD-33 for a mix of residential, commercial, public facility, and open space uses to PF (public facility uses). 

Set the date of February 7, 2001 at 6 P.M. as the date for a Delta 5 Economic Development Workshop in Pittsburg. 

Approved License Agreement with East Bay Regional Park District – Marsh Creek Regional Trail. 

Approve a Resolution awarding a construction contract for the Loma Vista Park Redesign, CIP Project No. 522-5219 to Terra-Cal Construction, Inc. in the amount of $321,992.80. (Pulled for further discussion)

Approved Resolution No. 2222 adopting new CalPERS health benefits contributions effective January 1, 2001 as provided in approved 2000-2003 bargaining unit MOU’s. 

Item Nos. 1 and 5 were pulled from the Consent Calendar for further discussion. 

It was moved/seconded by Petrovich/Gomes to approve Item Nos. 2-4, and 6 as recommended by staff. Motion carried unanimously. 

Item No. 1

Councilmember Hill requested that wording be added to Item No. 1 to reflect his statements regarding the bridge for Sunset Road. 

It was moved/seconded by Gomes/Petrovich that the Minutes of January 9, 2001 be continued to February 13, 2001. Motion carried unanimously.

Item No. 5 

Mayor McPoland asked if there was a timeline for the project. Craig Bronzan, Director of Parks and Recreation, stated that there is not a final timeline from the contractor yet, however the intention at this point is to work with the School District so that work could be completed while the school is on a break. 

It was moved/seconded by Gomes/Petrovich to approve Resolution No. 2223 awarding the construction contract for the Loma Vista Park Redesign, CIP Project No. 522-5219, to Terra-Cal Construction, Inc., and authorize the City Manager to execute the agreement and necessary documents in the amount of $321,992.80, which includes bid Alternate A and grant the City Manager authority to execute change orders up to $33,679.36. Motion carried unanimously. 

PUBLIC HEARINGS

Continued consideration of an Ordinance amending Planned Development No. 23 creating development standards for the 25.74-acre DeNova Homes site (Tentative Subdivision Map 8416) located south of Sunset Road and east of Brentwood Boulevard. 

Jeff Zilm, Associate Planner, introduced the staff report; he stated that this item was continued from the January 9, 2001 Council meeting.

John Stevenson, City Engineer, showed a power point presentation regarding the realignment of Sunset Road and the placement of the power poles, which are a concern. Different scenarios were represented in the event the poles will not be moved before the road is open. If the power poles are unable to be moved he stated they could place k-rails along sides of the poles. He stated the road should be open by October and that this would create a four to five month leeway before occupancy would start in the development.

Mayor McPoland questioned the load capacity of the bridge. Mr. Stevenson stated it would be having all types of traffic and trucks traveling across it. He said that the bridge would have to be poured in place because of the power lines. 

Councilmember Hill asked with projected occupancy not occurring until March 1, 2002, and the projected completion of the project being in October, why would we want a temporary road opening if it may be a dangerous situation until the poles are moved. Mr. Stevenson stated that leaving the power poles in place would just be an option if Council wanted to have the road opened. 

Councilmember Petrovich felt that the k-rails on the roadway would be dangerous. He asked what it would take to put a temporary left turn signal on Brentwood Boulevard in the event this road is not opened. Mr. Stevenson stated that would need to be processed through Caltrans and that because there is an existing signal on Highway 4 at Grant Street he did not feel Caltrans would allow it. 

Councilmember Hill stated concerns regarding pedestrian circulation and said his concerns had not been addressed other than in the trail system. He had concerns about the children that would be among the first to move in if the road was not complete at that time.

Mr. Stevenson stated that once the power poles are moved then the trail system would be in place. 

Mayor McPoland asked about the use of the trails. Mr. Bronzan stated that the intent is to match the current adopted trail standards, which are ten-foot, asphalt with minimum two-foot shoulders on both sides and adopt East Bay Regional Park Districts standards, and that the trails would be multi-use.

Mayor McPoland opened the public hearing.

Bruce Ghiselli, PG & E, 2111 Hillcrest Avenue, stated PG & E needs six-months lead-time once they receive the application for the power poles to be moved on Sunset Road and stated no request has yet been requested. He stated that PG&E would do anything possible to get these moved because of the safety of the situation.

Brad Durga, DeNova Homes, 1849 Clayton Road, Concord, said they had worked hard to come up with a schedule, and they tried to come up with everything that could go wrong and mitigate those issues. He said he would like to see this project move forward and felt that his company had addressed every issue they could. They have also met with Fish and Wildlife and East Bay Municipal Utilities District regarding right of ways and easements. 

Jon Elam, City Manager, said that he would like to see a school crossing guard located at that intersection to help with pedestrian safety for children.

Councilmember Beckstrand stated that she had the same concerns with the bridge and that she had spoke with the School District who told her there would be bus services available, but that they would need to be paid for by the families of the children or by a subsidy if they qualify for low income. She felt that the School District should consider purchasing land near Sunset Park for a school site. 

Annette Raines, East County Horsemen’s Organization, stated she would like to have more clarification on the definition of multi-use trails. She said that the five foot wide trail would not create enough room for equestrian use. 

There being no one else wishing to speak the Public Hearing was closed.

Ordinance No. 656

An Ordinance of the City Council of the City of Brentwood to amend Planned Development No. 23 by adding development standards for the 25.74-acre DeNova Homes project site located east of Brentwood Boulevard and south of Sunset Road. 

It was moved/seconded by Gomes/Petrovich that the first reading of Ordinance No. 656 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote: 

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

Review and consideration of a Resolution approving 2000/01 Mid-Year Budget Adjustments.

Pam Ehler, Acting Director of Finance and Information Services, introduced the staff report and gave a presentation on the budget amendments for the various departments. 

Councilmember Hill asked if other cities fund their parks and recreation with the tax dollars for the City as the City receives 13.1 cents for every tax dollar and the Parks and Recreation District receives 3.4 cents of every tax dollar.

Ms. Ehler stated that even though the Parks and Recreation District had merged with the City it was still a separate district and that those funds are not commingled, but stated that Councilmember Hill was correct in his theory. Councilmember Hill stated that in reality the City is receiving 16.5 cents of every tax dollar. 

Councilmembers Gomes and Beckstrand commended Ms. Ehler on her presentation and the layout of the report. 

Mayor McPoland opened the Public Hearing, there being no one wishing to speak it was closed.

Resolution No. 2224

A Resolution of the City of Brentwood amending the 2000-2001 budget for the City of Brentwood

It was moved/seconded by Petrovich/Gomes that the full reading of Resolution No. 2224 be waved and that the same be adopted as recommended by staff. Motion passed by the following vote:

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

Consideration of an Ordinance adopting a new fee for sanitary sewer connections in the area deannexed from Ironhouse Sanitary District.

Dennis Beougher, City Attorney, stated that the agreement for Ironhouse Sanitary District that was presented to Council of October 28, 2000, must be adopted by Ordinance, which needs to be drafted. He suggested Council open the Public Hearing, take any comments on this item, and then continue it to February 13, 2001.

Mayor McPoland opened the Public Hearing

It was moved/seconded by Petrovich/Gomes that the Public Hearing for the consideration of an Ordinance adopting a new fee for sanitary sewer connections in the area deannexed from Ironhouse Sanitary District be continues to February 13, 2001. Motion carried unanimously.

NEW BUSINESS

Consideration of options available for filling the vacancy created by the resignation of Steve Young from the City Council. 

There was no action taken on this item.

Authorization to apply for Grant Funding from the California Office of Traffic Safety. 

Kevin King, Police Sergeant, stated the Police Department is requesting a grant proposal in the total amount of $250,000, which would be used to fund ongoing traffic safety concerns, monitor speed, and identify problems. He stated they would be purchasing additional radar units and a motorcycle.

Councilmember Gomes asked if the intent of the program would be to reduce accidents. Sgt. King stated that it was. 

Councilmember Hill asked if the Police Department would be requesting any matching funds. Sgt. King stated that they would be not be, that the equipment would be purchased with funds from the grants and they would use existing staffing.


Resolution No. 2225

A Resolution of the City Council of the City of Brentwood authorizing the submittal of a grant proposal to the California Office of Traffic Safety (OTS).

It was moved/seconded by Gomes/Petrovich that the full reading of Resolution No. 2225 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

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

Approve a Resolution accepting the work performed by Shoemate Buildings, Inc. for the City of Brentwood Family Aquatic Complex, CIP Project No. 522-5202. 

Mr. Bronzan introduced the staff report and stated that staff had been working with the contractor to complete punch list, which some are at a impasse and some were just a disagreement. He stated that many subcontractors have been trying to complete work in hopes of being paid. He recommend that the Council accept work that has been performed and retain an amount for the items that are substandard and allow city to move forward and complete work through the retention. There are issues related to liquidated damages and there are issues that have been raised through the plumbers union, he then offered to answer questions on the defective items with the pool and deferred any legal questions to Mr. Beougher.

Councilmember Petrovich asked Mr. Bronzan for some examples of problems with the pool. Mr. Bronzan said stated that there are about twenty-two items at this time; he used the pavers as an example. Councilmember Petrovich then asked Mr. Bronzan if any of the items that needed repair were safety hazards. Mr. Bronzan answered that no, there were not. 

Councilmember Hill asked when the punch list was developed. Mr. Bronzan stated that it was developed late last August when the City was taking occupancy. Mr. Beougher stated that the project manager created another punch list in early December. 

Councilmember Beckstrand asked about the dollar amounts for the work remaining. Mr. Bronzan referred to the staff report and replied that the work remaining column is what has yet to be paid to the contract. He stated that what the City is holding is the column titled City of Brentwood issues. Mr. Beougher stated that column represents an estimated value of the work plus approximately fifty to one hundred-percent more. 

Councilmember Hill asked about the retention in comparison to the total size of the project in dollar amount. Mr. Bronzan stated that the total retention is $499,000 which ten-percent of the project. Councilmember Hill asked about the retention amount for liquidated damages. Mr. Bronzan stated that amount is a little less than five-percent. Mr. Beougher stated that retention is held by the general contractor who has securities in lieu of retention held by a bank. 

Mr. Beougher stated that the City had received a claim a few months ago from the plumbers and steamfitters union concerning prevailing wages. He stated that this is normally not a matter the City would resolve, but that the Department of Labor through the Labor Commissioner usually handles those determinations. He stated that in those complaints, the City is required to get certified payrolls and the City has done that, he stated that there are allegations that it is not complete, but we asked for it and the contractor has represented that he has submitted all certified payroll at this time. He stated the City is not equipped to handle these types of issues and he suggested the City send the complaint to the Labor Commissioner and provide as much information and cooperation as the City is able to. 

There was discussion about the use of subcontractors and Mr. Beougher stated that the City’s responsibility was only to the general contractor; and that the general contractor had lived up to his end to the contract. He stated that the City has no contractual obligation to the second tier of contractors except through the subcontractor listing law and that had been complied with.

Councilmember Hill asked if we had the authority to hold a hearing, and if so what is the Council’s remedy related to the claim. He stated he would like to see the claim heard in the proper format so it gets resolved properly the first time. 

Mr. Beougher said what he was suggesting complies with the law. He stated that no one in the City has any knowledge to determine that if we can withhold the money, the City does not have the expertise or the knowledge. He also stated the City could be overruled by the Labor Commissioner if the City made a wrong determination. He asked that the City direct him to forward the complaint to the Labor Commissioner, which would be the proper forum for this complaint.

Councilmember Petrovich asked if the City could be held liable for withholding the money if the complaint goes to the Labor Commission. Mr. Beougher stated that statutorily the City has thirty-five days after a project is completed to release the retention, unless there are liquidated damages, stop notices or punch list items; so that is an item the City is going to be negotiating with the general contractor. The stop notice claims the City is statutorily required to withhold that amount of money, unless the contractor bonds around it. He stated in those issues the City is trying to clear up in the next thirty-five days; he does not think the Labor Commissioner can decide this issue within that timeframe.

Councilmember Hill stated that he is concerned about reconciling the shortage to the members of the union; he stated that if the City is not liable for it he is not interested in taking on that liability if it truly is a claim against the contractor. 

Erram Hoddis, Financial Secretary for the Plumbers and Steamfitters Union, stated his concerns with difference in wages between the daily logs and the certified payroll. He stated that the wording for the Resolution was incorrect and asked that the Council not accept it at this time.

Councilmember Beckstrand asked Mr. Beougher if he felt there was just cause for concern that these allegations against the contractors are true and that an investigation should be done. Mr. Beougher stated that he does not want to bias anyone’s view; he takes the complaint at face value. He said that the $208,000 would be withheld and only released as the work is completed. As to those punch list items the other $55,000 or any statutory stop notice claims that come in the meantime will cause the amount to go up. 

Kevin VanBuskirk, 1720 Marina Boulevard, San Leandro, representing Sheet Metal Workers Local 104, stated that the wrong classifications were used for many Sheet Metal Workers, and that there were prevailing wage violations on this job. 

Councilmember Hill asked if the City retains the money and it is shown that there was no wrong doing, if there is any liability to the City for retaining the money. Mr. Beougher answered that yes there could be liability in penalties and interest. 

Ron McCausland, 1891 S. Cumming Road, felt that if there were problems with wages that the City should not approve this item until it is solved.

Jim Aja, Administrator for the Foundation for Fair Contracting, felt that there were problems with the payroll reports. He asked the City to withhold final payment until the wage issues were worked out. He offered his Foundation’s services to help in an investigation.

Councilmember Hill asked that Mr. Beougher call the State Labor Commission to get an understanding of the process and the steps involved. Councilmember Gomes stated that the Council should direct Mr. Beougher to forward a complaint to the Labor Commission. 

Councilmember Beckstrand stated that she would like to see the wording of the Resolution corrected. She further stated that it sounded as if Mr. Bronzan is having a hard time getting the contractor and the subcontractors come back and complete the work. Mr. Bronzan stated that that was correct that the Contractor feels the work is fine.

It was moved/seconded by Hill//Petrovich to direct Mr. Beougher and Mr. Bronzan to continue this item to February 27, 2001, with a Resolution that is properly formatted with an investigation to the Labor Commissioner; and directing Mr. Beougher to file a complaint with the Labor Commissioner. Motion carried unanimously.

Council took a break at 10:30 and reconvened at 10:39 p.m.

Approve a Resolution amending Exhibit ‘C’ of the original Reimbursement Agreement with Ryder Companies for costs associated with Master Plan Facility improvements. 

Councilmember Hill stepped down from the dais due to a conflict of interest..

Mr. Stevenson introduced the staff report and stated that during construction additional work needed to be done to get smoother driving surface. He said after an accounting was done at the end of the job it appeared they were asking for more than they were due since some of the amounts should have been in the original bid. He said that amount is for work that is over and above there original reimbursement agreement.

Bill Hill, 5450 Balfour Road, had concerns about additional work that was done by Shea Homes because the sleeving for the conduit was not originally installed. He wanted to be sure that payment for the additional work was not included in this.

Mr. Stevenson stated that this item includes no payment for additional sleeving. 

Resolution No. 2226

A Resolution of the City Council of the Brentwood approving an amendment to the Reimbursement Agreement with Ryder Companies for Subdivision 7844 for costs associated with additional Master Plan Facility Improvements by amending Exhibit ‘C’

It was moved/seconded by Gomes/Petrovich to that the full reading of Resolution No. 2226 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

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

Authorize the City Attorney to prepare an agreement with EKONA Architecture and Planning for design services of a new police facility, at a cost not to exceed $157,000, for the City Manager’s signature. 

Mr. Elam introduced the staff report. 

It was moved/seconded by Petrovich/Gomes to authorize the City Attorney to prepare an agreement with EKONA Architecture and Planning for design services of a new police facility, at a cost not to exceed $157,000, for the City Manager’s signature. Motion carried by the following vote: 

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

Adoption of City Strategic Workshop Plan. 

Councilmember Petrovich stated he had concerns with parts of the report.

It was moved/seconded by Hill/Petrovich to approve page two which includes the five goals and the three-year objectives. Motion carried by the following vote:

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

It was moved/seconded by Hill/Gomes to approve the remainder of the report. Motion carried by the following vote:

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

CITIZEN COMMENTS - None

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

Councilmember Hill gave a report on the Economic Development Subcommittee and stated they discussed a marketing plan for the Chamber of Commerce and looked at preliminary plans for Sunset Business Park. He stated he had met with Howard Sword and Gruen and Gruen regarding the Strategic Plan Update. They had discussion on streamlining the non-residential permit process.

Councilmember Petrovich gave an update on the Telecommunications Subcommittee. 

Councilmember Gomes gave an update on TransPlan and stated that the new Chairman was Supervisor Federal Glover.

REQUESTS FOR FUTURE AGENDA ITEMS

Councilmember Hill requested an item regarding the ballot measure the School District has on the March 6, 2001 ballot.

There being no further business the meeting was adjourned at 11:03 p.m.

Respectfully Submitted, Margaret Wimberly, Administrative Assistant

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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