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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.
Beckstrand, Gomes, Hill, Petrovich, Young, Mayor McPoland
B. Pamela Ehler, Director of Finance and Information Systems gave a presentation regarding the due date and mailing date of monthly utility bills. She stated that Council had amended the delinquent date for water, sewer, and garbage bills from twenty days from the billing date to thirty days to the billing date. She stated that when this happened the mailing date and the due date became the same date and that this has created some problems for the residents who pay their bill on the last day they are due and do not see that payment reflected on their new bill. She suggested that to alleviate this problem the bills not be calculated until the first day of the month so that all charges and late charges can be added accordingly and that this process would take about three days and the payments would not be mailed out until the fifth of the month. She asked Council for their opinion.
Item No. 20 Revised staff report.
It was moved/seconded by Petrovich/Gomes to move item No. 20 after the Consent Calendar. Motion carried unanimously.
Kathy Griffin, 386 Pecan Place, read a prepared statement urging the Council to drop the lawsuit Urban Limit Line Law Suit against the County. She presented the Mayor with a petition of citizens in support of dropping the lawsuit.
Richard Bates, 805 Brook Street, read a prepared statement urging Council to drop the lawsuit Urban Limit Line Law Suit against the County. He felt that the financial resources of the City should not be spent fighting the Countys decision.
Rick Knoll, 12510 Byron Highway, Knoll Organic Farms, spoke in support of the Countys decision to tighten the Urban Limit Line. He felt that the City should hold a meeting with farmers who still want to farm to discuss the growth issue.
Kristie Knoll, 12510 Byron Highway, stated she supported the Countys decision to tighten the Urban Limit Line. She spoke in support of controlled growth.
S. Craig Tucker, Greenbelt Alliance, 1601 N. Main Street, Walnut Creek, felt that the City should drop the Urban Limit Line lawsuit. He stated that the traffic and growth is a regional problem, but Brentwood is not helping the problem with uncontrolled growth.
Jim Novothy, 800 Walker Court, requested the Councils support to reverse the Park and Recreation Departments decision to cancel Biddy Sports Program. He felt that this program should be kept in place and that it is a good program for youth to be involved in. He presented the Mayor with a petition in support of continuing the Biddy Supports Program.
Approve Minutes of January 23, 2000.
Approved Resolution No. 2236 approving a Reimbursement Agreement with California Sun - Brentwood, L.L.C., A Delaware Limited Liability Company for costs associated with Master Plan Facility improvements.
Approved Resolution No. 2237 approving a Reimbursement Agreement with the Hofmann Land Development Company for costs associated with Master Plan Park Facility Improvements.
Approved Resolution No. 2238 approving and authorizing the City Manager to execute Program Supplement Agreement Nos. 018, 019, 020 to State-Local Partnership Program Agreement SLTPP-5300 for State reimbursement of three transportation construction projects.
Approved Resolution No. 2239 approving an agreement for purchase of a fee parcel, with John D. Carlisle and Marlys D. Carlisle, as Trustees of the Carlisle Family Trust, for a portion of real property identified as APN 017-030-002, hereby accepting real property on behalf of the City, and authorizing the Mayor or City Manager and City Clerk or any of their designees to execute the agreement, and such other documents as may be needed to complete the transaction including acceptance of the deed.
Approved Resolution No. 2240 approving the Final Map of Subdivision 8085, Summerset At Brentwood Country Club located south of Balfour Road and east of Fairview Avenue, accepting the offers of dedication shown thereon subject to acceptance of improvements, accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same.
Approved Resolution No. 2241 accepting the offers of dedication of all areas marked as P.U.E (public utility easements) and all the areas marked as L.M.E. (landscape maintenance easement) and all of the street rights of way shown thereon (Arlington Way, Arlington Court, Crescent Drive, and Fairview Avenue), accepting public improvements for maintenance, accepting the subdivision Maintenance Bond and releasing the subdivision Performance and Payment Bonds for Subdivision 8017, Pulte Homes (Discovery Unit #1) located south of Balfour Road and east of Fairview Avenue.
Approved Resolution No. 2242 accepting the offers of dedication of all areas marked as P.U.E (public utility easements) and all the areas marked as S.D.E. (storm drain easements) and all of the street rights of way shown thereon (Claremont Drive, Arlington Way, and Arlington Court), accepting public improvements for maintenance, accepting the subdivision Maintenance Bond and releasing the subdivision Performance and Payment Bonds for Subdivision 8022, Pulte Homes (Discovery Unit #2) located south of Balfour Road and east of Fairview Avenue.
Approve a Resolution adjusting pay ranges for Park and Recreation Department part-time/seasonal classifications and adopting pay structure linked to minimum wage. (Pulled for further discussion)
Approved Resolution No. 2243 approving the Redevelopment/Economic Development Analyst classification and compensation
Approved adoption of Ordinance No. 657 concerning the collection of a new sewer surcharge fee ($658.50) for the area formerly within the Ironhouse Sanitary District as required by the agreement between the City and Ironhouse Sanitary District, dated September 26, 2000.
Approved adoption of Ordinance No. 658 amending Brentwood Municipal Code 12.08.425(D) pertaining to Sidewalk Maintenance Responsibilities.
Approved Resolution No. 2244 to accept a loan in the amount of $74,000 from the Citys General Fund to the Redevelopment Agency to help fund an expansion of community room space within the Sycamore Place Apartments.
Authorize the funding of $36,213.00 to relocate Pacific Gas and Electric Company (PG&E) facilities for the construction of the new traffic signal at Fairview Avenue and Minnesota Avenue (CIP No. 336-3120) and authorize the City Manager to execute an agreement with PG&E to perform this work.
Authorize the City Attorney to add the City to an amicus brief in San Remo Hotel v. City and County of San Francisco. (Pulled for further discussion)
Item Nos. 9, 15 were pulled from the Consent Calendar for further discussion.
It was moved/seconded Hill/Petrovich to approve Consent Calendar items 1-8, 10-14, as recommended by staff. Motion carried unanimously.
Item No. 9
Councilmember Hill stated he was concerned with the position description for the Pool Manager, and Assistant Manager and the pay scale for those positions.
Jon Elam, City Manager, said that a compensation plan for part time employees was not included when the compensation study was completed and as the pool opened there was a need to develop a policy for these types of positions.
Craig Bronzan, Director of Parks and Recreation, said these positions cannot be staffed with full time staff because of the hours of operation. He stated that the pay range is competitive for similar types of facilities.
Councilmember Hill stated he wanted to be sure that for the amount of responsibility involved in these positions for the type the pay scale might be a little low
There was discussion about a minimum age for the Pool Manager and the Assistant Manager for the position. Councilmember Hill stated that he would like one or both of those positions to be an adult. Councilmember Gomes stated he also had a problem with the salary range for the amount of responsibility; and stated that the salary range should be raised to match the responsibility.
It was moved/seconded by Hill/Petrovich to refer this item back to the Personnel Subcommittee for further review. Motion carried unanimously.
Item no. 15
Councilmember Petrovich asked for clarification on this item.
Dennis Beougher, City Attorney, stated this could have a large impact on the way the City could make sure that Developers pay their full fees.
Councilmember Petrovich asked if this would cost the City any money. Mr. Beougher stated that it would not.
It was moved/seconded by Gomes/Petrovich to authorize the City Attorney to add the City of Brentwoods name to an amicus brief in San Remo Hotel v. City and County of San Francisco concerning an appeal of an appellate courts decision to the California Supreme Court that will have a major impact on the ability of local agencies to enact development impact fees and other land use regulations. Motion carried unanimously.
Consideration of Park & Recreation Commission recommendation concerning the award of the bid for the Brentwood Skate Track, CIP No. 522-5213
Mr. Bronzan introduced the staff report and discussed the history of the Skate Park and the Skate Task Force, which now includes about sixty members. He stated that with an approved budget of $574,667.00 the low bid was $668,650.00. On Thursday, information was brought to the Park and Recreation Commission, which recommended that the Council approve the bid. On Monday, the City received a fax from the low bidder stating they had made a mathematical error, their bid was now $737,865, and adding a ten percent contingency the budget is $811,651.00, which is $236,984 over budget. He stated that if the Council decided to reject the bid, as staff recommends, and to do a redesign of the project, it could cost as much as $6000, and add as much as eight weeks to get this back out to bid. He stated that the landscape portion of the park would still have to be done even if the Skate Park is not built.
Mayor McPoland stated as a General Law City, there were only two options in dealing with this bid, to reject or accept it.
Councilmember Hill stated that legally the City can only reject or accept the bid and the City could not manipulate it. Mr. Beougher stated that was correct.
Councilmember Petrovich asked if the low bid was amended after the bid was opened. Mr. Bronzan stated that if the extensions had all been added correctly they added up to the correct amount.
There was discussion about the amount of the budget for the park and the alternates if they were to be included, which would be about $76,000.
Councilmember Hill expressed concern that the Engineers estimate was so far off the bid amount.
The following people spoke in support of the skate park:
o Peter Silva, 4631
Jeanne Morgan, 348 San Marino Lane, submitted written comments to the Council expressing her support of the Skate Park.
Naura Swanson, 902 Roseto Court, submitted written comments to the Council expressing her support of the Skate Park.
Sean Stange, 948 N. Estates, member of the Skate Task Force, stated his support of the Skate Park. He felt that if the bid was over budget it was because of the delays in sending it out to bid and the subsequent rise in construction costs. He stated that the landscaping would have to be installed whether or not the Skate Park was built. He stated that at the Park and Recreation Commission meeting Councilmember Hill stated that the project was over budget and project should be dropped. He felt it was improper for the Council to ask the Park and Recreation Commission to form recommendations to deliver to the Council for review and then attend the meeting and tell the Commission what the recommendations should be. He submitted a petition to the Council.
Councilmember Hill stated that he did not say the Park and Recreation Commission should reject this item, but that he had asked qualifying questions about how the bid was obtained and the scope of the proposal, so he could understand what was being presented. He stated he never suggested how the Commission should or should not vote. He stated they are an appointment of the Council and the Council does have ultimate responsibility for the recommendations they make.
Brian Sams and Teagan Stone, 1292 Longleaf Court, submitted a petition asking that the Skate Park be built.
Karen Rarey, 4677 Nunn Street, felt that Councilmembers should not attend Commission meetings and speak as a Councilmember because it undermines the Commissions ability to make decisions. She felt that the Councilmember should take questions to staff. She stated that the assumption of the Park and Recreation Commission that the money for the landscaping to come out of the $1.5 million budget for the park, and that even if the Skate Park is not built the money will still be spent on the landscaping.
Councilmember Beckstrand stated that because there had been some problems with the bids it is important to examine other options for the Skate Park and thought that the landscaping portion of the park could be an Eagle Scout project. She thanked the youth that attended the meeting to support the park.
Councilmember Hill stated that in 1993 the first Parks Master Plan was adopted and that had a skateboard element. He stated he was not opposed to the skate park, the location is a good one, and that it mitigates the neighbors concerns about its proximity. He stated it is the responsibility of the Council to make sure that money is not wasted on areas where there is a responsibility to everyone, and that the facility will be paid for by the development community through fees that are paid with every new home that is built in the City. He stated that the goal is develop a park system that is diverse and offers something to everyone. He said that regarding Mrs. Rareys comments about his attendance at the Park and Recreation Commission meeting, that there had been information presented that night by a staff member that had not been seen before, and as much as she disliked his commenting or asking questions of staff, that he will do so when it is appropriate to understand what is being presented and what is being contemplated by the Councils advisory commissions.
Councilmember Gomes stated that there had been an increase in the number of children on skateboards in his neighborhood. He was concerned with the safety of the children skating on streets. He felt that the safety of the children outweighed the fiscal considerations of the Skate Park. He stated that because the project was undervalued he was not prepared to stop the process, and that legally there is a low bid and it can be awarded so the skate park can proceed.
Mayor McPoland stated that in a survey, that was completed by the community, on projects to be built in the City listed Skate Park at the bottom. He stated that because of the process there cannot be changes made to the contract, it either has to be accepted or rejected.
Councilmember Gomes asked about the timeline it would take to send this item back out to bid and when the Council could expect to have another bid back before them.
Mr. Bronzan stated that if it is just changing what is there and having the landscaping component as an alternate it could be done within thirty-days to be put back out to bid.
Mayor McPoland stated that he wanted the item back in two weeks.
There was discussion about the period it would take to send this item back out to bid. Mayor McPoland asked Mr. Stevenson his thoughts about the period. Mr. Stevenson stated that it could take as long as eight weeks to have another award of bid back to Council. Mr. Beougher stated that once the plans are changed it is at least a four-week process to review the bids.
Mayor McPoland stated his suggestion would be to just drop certain items and not change the plans.
It was moved/seconded by Petrovich/Gomes to award the bid for the construction of the Brentwood Skate Track, CIP No. 522-5213 to low bidder, A.J. Vasconi in the amount of $737,865.50 plus contingencies of 10%, $73,786.55. Motion carried unanimously.
Consideration of an Ordinance to rezone approximately 2.544 acres from High Density Residential District to the Regional Commercial District (RZ 00-01) located on the south side of Sand Creek Road, approximately 400 feet west of Highland Way. Applicant: Vasco Group, L.P.
Mr. Oshinsky introduced the staff report.
Councilmember Hill asked if the issues regarding the adjacent property had been resolved. Mr. Oshinsky stated that it had.
Mayor McPoland stated he had attended meetings with the neighbors and the applicant, and that everyone seemed to be satisfied with the project.
Mayor McPoland opened the Public Hearing.
Ron Enos, 906 Rosetto Court, he said that people in the area of the project were concerned with traffic, so they elected to move the daycare and put a common driveway between the daycare and the shopping center. That move meant they only needed one access off Highland Way. He also said that proper safety fencing would be installed between the commercial center and the school.
Mr. Oshinsky stated he had met with Dan Adams regarding buffering to mitigate noise concerns around the school
There being no one wishing to speak it was closed.
Ordinance No. 660
An Ordinance of the City Council of the City of Brentwood rezoning a 2.544 acre site from PD-6 for high density residential to PD-6 for regional commercial located on the south side of Sand Creek Road approximately 300 feet west of Highland Way RZ 01-01) and adoption of a mitigated negative declaration for said project (a portion of APN 019-110-041)
It was moved/seconded by Gomes/Petrovich that the first reading of Ordinance No. 660 be waived and that same be adopted as recommended by staff. Motion carried by the following vote:
Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
Approve a Resolution approving the Roddy Ranch Non-Potable Waterline Reimbursement Agreement.
John Stevenson, City Engineer, introduced the staff report.
Mayor McPoland asked if the City could sell irrigation water to the school district. Mr. Stevenson stated he would have to check on the legality of schools using non-potable water.
Resolution No. 2245
A Resolution of the City Council of the City of Brentwood approving the Roddy Ranch Non-Potable Waterline Reimbursement Agreement (Agreement) and authorizing the Mayor to execute the agreement
It was moved/seconded by Gomes/Petrovich that the full reading of Resolution No. 2245 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:
Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
Approve a Resolution approving the form and content of the Northwest Quadrant Infrastructure Design Engineering Fee Reimbursement Agreement and related actions; CIP Project No, 336-3127.
Mr. Stevenson introduced the staff report and stated there is interest in developing the Northwest Quadrant for both residential and industrial. He stated that area currently has very limited infrastructure. The development community funds this program, and they are very much in favor of it. He stated this agreement instructs him and the Community Development Director not to process any projects in or adjacent to this area until the developers pay this fee.
Councilmember Hill stated that at the last meeting there was a request by Seeno Homes to incorporate their comments into this item and asked if they had been done. Mr. Stevenson stated that he had received their comments and made about fifty-percent of the revisions they requested and the other fifty-percent he did not feel were appropriate. He did change the language to make it clear that all developers that develop within the City of Brentwood are required to participate in a CIFP and they are required to pay their share of the infrastructure in the City. He stated that does not mean they area required to participate in an assessment district.
Dick Sesteros, Seeno Construction, stated his company is very much in favor of this item, as written.
Resolution No. 2246
A Resolution of the City Council of the City of Brentwood approving the form and content of the Northwest Quadrant design engineering fee reimbursement agreement and related actions
It was moved/seconded by Gomes/Beckstrand that the full reading of Resolution No. 2246 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:
Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
Consideration of application of an out of area agreement to extend City water and sewer service as requested by the owner of the parcel located at 2800 Anderson Lane (APN 018-090-021).
Mr. Elam introduced the staff report.
Charles Pringle, P.O. Box 178 Byron, explained that the property he would like services to was a part of Ironhouse Sanitary District and Diablo Water District, and when he was deannexed from that district. He stated that LAFCO is willing to support an out of service agreement.
Mayor McPoland stated that in 1991 that area voted not to annex into the City.
Mr. Pringle stated he would be willing to annex. Mr. Elam stated that in agreements of this type that as soon as the property annexes, the parties involved would agree to the annexation.
Councilmember Hill asked Mr. Pringle what his interest was in the property. Mr. Pringle answered that he was not the owner, but had a financial interest in the property.
Councilmember Beckstrand asked about the fees that would be involved to extend the services. Mr. Elam stated that lines were already there, but that the City Limit line is in the middle of his street.
Councilmember Hill felt there was not an immediate health and safety threat and was not interested in either an annexation or out of service agreement for this property.
Councilmember Gomes requested if this was to be brought forward again, that the applicant show proof of a failing septic system.
It was moved/seconded by Hill/Beckstrand to deny the application of an out of area agreement to extend City water and sewer service as requested by the owner of the parcel located at 2800 Anderson Lane. Motion carried unanimously.
Approve an employment agreement between Police Chief Shaw and the City of Brentwood.
Mr. Elam introduced the staff report.
Councilmember Hill said he had some concerns with continuity of projects between the concerned about outgoing chief continuity of projects.
Councilmember Petrovich stated he was not in favor of this item, because if one department head is going to have a contract then all department heads should.
Councilmember Gomes stated it is common practice for Police Chiefs to have contracts.
Mayor McPoland stated he is in favor of contracts for all positions and stated it gives a level of comfort.
Councilmember Beckstrand stated her support of this item.
It was moved/seconded by Gomes/Petrovich to approve the employment agreement between the City of Brentwood and Larry J. Shaw, Police Chief. Motion carried with Councilmember Petrovich voting no.
Discussion concerning the Moratorium on residential development in the northwest area of the City.
Mr. Elam stated that this item was added to the agenda at the request of Councilmember Petrovich, so that it could be discussed.
Councilmember Petrovich felt that the action that the City took at the last Council meeting was illegal and that there were not findings of facts. He stated that there were facts known to two Councilmembers, the City Manager, and the City Attorney that he was not aware of. He stated that a small area was considered and it should have been the whole City. He felt that the name of the developer should have been disclosed at the last meeting.
Councilmember Hill felt that the moratorium should have been a broader area. He felt that the action taken by the Council was the right one.
There was discussion regarding the legality of the action taken by the Council. Councilmember Petrovich stated he wanted it on public record that he felt this action was not legal.
Ron Enos, 906 Rosetto Court, stated that one of the items that upset him at the last meeting was that there was not any public comment allowed on the moratorium item.
Karen Rogge, 2321 Windy Springs, stated that as a resident of the Northwest Quadrant she supports the moratorium and would like to see it widened to a larger area. She felt there was a threat to health and safety because of the lack of infrastructure.
Ray Shipley, 582 Red Rome Lane, asked if the City had any plans to reduce energy usage within the City.
Bob Nunn, 10500 Brentwood Boulevard, felt that the residents and property owners in the Northwest Quadrant should have been noticed on the meeting when the moratorium item was heard.
INFORMATIONAL REPORTS FROM COUNCIL MEMBERS
Councilmember Hill reported on the Economic Development Subcommittee meeting. He stated that the Finance Committee had the opportunity to interview the new Director of Finance and Information Systems, Pamela Ehler. He also reported on the Water and Sewer subcommittee and stated they had a presentation on the finances and rate studies.
Councilmember Hill stated that the Police Chief is going to meet with emergency service personnel and local doctors regarding the protocol on transport of pediatric emergencies.
Councilmember Beckstrand reported on the Solid Waste Subcommittee efforts on recycling and new contract negotiations for a landfill.
Mayor McPoland reported on his meetings with the members of the Boards of Supervisors to discuss farm credits
REQUESTS FOR FUTURE AGENDA ITEMS
Councilmember Hill requested an item on the Biddy Sports Program.
Councilmember Gomes requested an item on energy savings in the City.
Redevelopment Agency meeting was called to order at 11:25 p.m.
The City Council meeting reconvened at 11:31 p.m. and was adjourned to Closed Session at 11:31 p.m.
Conference with Legal
Pending litigation pursuant to Govt Code Section 54957(e): Anita Jones vs. City of Brentwood
Anticipated litigation pursuant to Govt Code Section 54956.9(b): one case
The meeting reconvened in Open Session at 12:15 a.m. with no action to report.
The meeting was adjourned to February 28, at 7:00 p.m.
Respectfully Submitted, Margaret Wimberly, Administrative Assistant II
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
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