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City of Brentwood
Minutes of March 13, 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, Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
ABSENT: None 

CITIZEN COMMENTS

Steve Wright, 576 Birchwood Road, spoke regarding defects in the homes in his neighborhood, including the stucco and cement work. He requested the City’s assistance to deal with Lafferty Homes on this problem.

Mayor McPoland stated that he has been getting a weekly report from Mr. Lafferty on the work being done by Lafferty Homes to correct these problems and stated he is concerned with the numerous problems in that subdivision.

CONSENT CALENDAR

Approved Minutes of February 27, 2001. 

Approve a Resolution supporting legislation sponsored by Assemblywoman Lynn Leach concerning authorized use of design build contracting for construction projects as an alternative bidding procedure. (Pulled for further discussion)

Authorize the City Manager to execute a contract in the amount of $40,000 with Vavrinek, Trine, Day & Co. for accounting services to include the 2000/01 City audit, 2000/01 Redevelopment Agency audit and the Government Accounting Standard Boards new financial reporting model (G.A.S.B. 34) update and training. (Pulled for further discussion) 

Second reading of Ordinance No. 660 rezoning 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. 

Approve Resolution No. 2247 amending Resolution No. 2194 to include a portion of APN 010-490-029 for a trail head (Trail Head Purchase – Centex Development, CIP Project No. 522-5218), with Centex Homes, a Nevada General Partnership, hereby accepting real property on behalf of the City. 

Approved Resolution No. 2248 accepting a Grant of Easement from East Bay Municipal Utility District, a public corporation organized and existing under the laws of the State of California, for Fairview Traffic Signal at Minnesota, CIP Project No. 336-3120, and authorizing the Mayor or City Manager and City Clerk or any of their designees to execute the Grant of Easement, and such other documents as may be needed to complete the transaction including acceptance the Grant of Easement.

Authorized the City Manager to execute a Consultant Services Agreement with Cordoba Consulting, Inc. for project management services not to exceed $95,000 for three federally funded transportation projects: Brentwood Boulevard TEA 21 I & II, CIP Project No.’s 336-3101 and 336-3102 Brentwood Boulevard Curve, CIP Project No. 336-3100 Lone Tree Way Overlay. 

Approved Resolution No. 2249 approving and authorizing the City Manager to execute Program Supplement Agreement No. 002-M to Administering Agency-State Agreement No. 04-5300 for reimbursement of costs for preliminary engineering for the Walnut Boulevard Widening Project, CIP Project No. 336-3056.

Approved Resolution No. 2250 providing specific language regarding Unclassified Service in the Employee Handbook in order to update and clarify the term. 

Item Nos. 2 and 3 were pulled from the Consent Calendar for further discussion.

It was moved/seconded by Gomes/Petrovich to approve Consent Calendar items 1, and 4-9 as recommended by staff. Motion carried unanimously. 

Item No. 2

Mayor McPoland asked the City Attorney for further clarification on this item.

Dennis Beougher, City Attorney, stated that the design build process can be faster and less expensive and presents a way to control the contractor. He said there might be less control over the project with the day-to-day management and this item would affect a limited number of projects that are in excess of $1 million but less than $50 million. He stated the City could use the design build process to build public facilities.

It was moved/seconded by Hill/Gomes to approve Resolution No. 2251 approving support for the attached legislation, sponsored by Assemblywoman Lynne Leach, concerning City of Brentwood's authorized use of design build contracting for construction projects as an alternative bidding procedure. Motion carried unanimously.

Item No. 3

It was moved/seconded by Gomes/Hill to approve Resolution No. 2252 authorizing the City Manager to execute a contract in the amount of $40,000 with Vavrinek, Trine, Day & Co. for accounting services to include the 2000/01 City audit, 2000/01 Redevelopment Agency audit and the Government Accounting Standard Boards new financial reporting model (G.A.S.B. 34) update and training. Motion carried with Councilmember Petrovich voting no.

NEW BUSINESS

Approve a Resolution supporting Contra Costa County’s Glassy-Winged Sharpshooter Pest Eradication Effort.

Jon Elam, City Manager, introduced the staff report.

Ed Meyer, Contra Costa County Agriculture Department, stated that there had been no further Glassy-Winged Sharpshooters found in the Garin Ranch subdivision. He stated they do not intend to spray residentially unless they find more Sharpshooters, but they do plan to apply a treatment along the City maintained right of way on Balfour Road, which would be a ground application to get a systemic application into the trees. He stated it could create a large impact on the community if the Sharpshooter were allowed to spread to other areas.

Councilmember Hill asked if the treatment would harm the plants and trees in that area in any way.

Mr. Meyer stated that the product they use is registered for use on a wide variety of plants and will not damage ornamental trees or kill beneficial insects.

Resolution No. 2253

A Resolution of the City of Brentwood supporting Contra Costa County’s Glassy Winged Sharpshooter Pest Eradication Effort

It was moved/seconded by Gomes/Petrovich that the full reading of Resolution No. 2253 be waved and that the same be adopted as recommended by staff. Motion passed by the following vote:

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

Approve a request of the Brentwood Cornfest Committee for sponsorship of $50,000 funding to be included in the 2001/02 City budget. 

Mr. Elam introduced the staff report. 

Councilmember Hill stated this item was brought to the Economic Development Subcommittee and he felt that it was not the correct venue for it to have been brought to, and that the Community Liaison Subcommittee may be the appropriate committee to discuss this item.

Greg Robinson, 46 Pippo, Cornfest Chairman, thanked the City of their support of last year’s Cornfest. He stated that many non-profit groups located in Brentwood benefited from the proceeds of last years Cornfest. He stated that the City would receive credit on the main stage, the entrance to Info Alley, and the fireworks as a main sponsor. He stated that the money that the City pays is used to pay for City services such as police and garbage service.

Councilmember Petrovich said he would like to have this item brought before the Community Liaison Subcommittee. 

It was moved/seconded by Gomes/Hill that this item be referred to the Community Liaison Subcommittee and be brought back at the March 27, 2001, meeting. Motion carried unanimously.

Approve extension of time requirement in Section 2.8 of the Jeffry Development Agreement to the date certain of August 31, 2001. 

Howard Sword, Economic Development Manager, introduced the staff report and stated that site constraints have caused some design delays in the project.

Councilmember Hill asked if there were any unit counts being tied to this project in the form of development of the Kaufman and Broad segment. 

Mr. Sword stated that there was not, that the building permits had to be pulled within thirty-days of Kaufman and Broads improvements on Walnut Boulevard and Continente being accepted by Council and that condition was memorialized last year to include a date certain of March 1, 2001.

Councilmember Beckstrand stated she would like more clarification on the amount of time it has taken to get started on this project.

Gerald Jeffry, 2891 Stirrup Drive, Oakley, stated that the access to the parcel had changes and that the Planning Commission had brought up problems with line of site for some of the homes in the area. He stated that they had spent time revising the initial plan to try to improve the landscaping and the site plan. He stated that this has taken more time than expected, but felt it was not excessive.

Councilmember Beckstrand stated that this fell under PEC funds, she stated that it was found that this plan does not comply with the criteria for PEC funds. She stated that the plans that were previously submitted were not acceptable and there had not been a lot of work done on the plan. She felt that after two years this project has done nothing to jumpstart economic development in that area. She felt that this item would not even make the deadline and stated her concern that this project is not in the City’s best interest.

Mr. Jeffry he has always pursued this as an employment center for the City and at the time it was approved there was not a tenant available, so there was no way to evaluate a speculative building. He felt he had moved in a timely fashion. 

Ralph Strauss, SDG Architects, stated that he had submitted design drawings to the design review process last August. He stated that it had taken a few months to receive comments back from staff with a few concerns about the site planning, the mass of the building and the use of the building. He stated they had discussions with staff about how to modify this. They then went and redesigned the site and the building, he stated this took place in January and that the design package had been resubmitted and turned back into the design review process. He stated that the civil engineering and the construction drawings are currently being done. He felt that they should be done in a timely fashion and felt that this building should be occupied as soon as it is finished. 

Councilmember Hill felt that the City needed a project of this type and that the original intent in offering this PEC program was to mitigate the impacts of additional residential development. He stated he was concerned that the City is entering into a situation where that the residential developers if they don’t like the condition they either ignore the condition or try to stand behind some other fault that they have created or their poor implementation schedules. He stated he would like to see this project go forward and thinks it would be a nice entrance to the community if it is done well. He stated that he wanted staff and the residential development community to go on notice that the continuing skirting of the conditions because they are not convenient is inappropriate, especially while developers continue to build units while they ignore the conditions.

Councilmember Petrovich felt that this request was reasonable and it is counter productive to talk about why the project has been delayed and he would like to see this go forward. 

There was a discussion about the penalty for non-performance. Councilmember Petrovich felt that he would just like to see this project go through and did not feel that the request for an extension was unreasonable. Councilmember Hill stated he was not in favor of penalizing the project and he wants to create an environment that is business friendly, and he has no problem with this request.

Mr. Jeffry felt that if a project was tied to residential development, that the there be a fast tracking system in place, so that projects could be completed in a timely fashion. 

Councilmember Hill stated that on the March 27, 2001 agenda there would be a recommendation from a subcommittee regarding fast tracking for Council consideration.

Mayor McPoland stated this project was difficult to get started, and he would like to see it move forward.

It was moved/seconded by Hill /Gomes to extend the time requirement in Section 2.8 of the Jeffry Development Agreement to the date certain of August 31, 2001. Motion carried with Councilmember Beckstrand voting no.


Approve New Solid Waste Disposal/Processing Pricing Proposal from Allied Waste Systems.

Mr. Elam introduced the staff report and stated that this item was brought to Council on the advice of the Solid Waste Subcommittee.

Jon Carlson, Solid Waste Supervisor, stated that the in the seven years since the City took over the garbage from the previous hauler there had not increased garbage rates. He stated that the new pricing proposal would save the City about $233,000 in the next year, which will continue for the next seven years. He stated this will not only keep a rate increase from going into place, but will create the capital needed for new equipment and facility needs. He stated this would also increase the recycling and waste diversion education efforts, minimize the City’s liability from litigation and redirect tax revenue from Alameda County to Contra Costa County’s solid waste programs. 

Councilmember Hill said it was great to see the City able to provide service without an increase in rates. 

Councilmember Beckstrand stated she was very impressed with the innovative approach Mr. Carlson and the Solid Waste department had done. 

Councilmember Petrovich felt that Mr. Carlson and his staff are doing a great job with the solid waste service for the City. 

Mayor McPoland stated that there had been a history of difficult changes to different land fills and he wants to be sure that further items of this type be brought before the Council.

Resolution No. 2254

A Resolution of the City Council of the City of Brentwood approving the Solid Waste Disposal/Processing proposal from Allied Waste Systems

It was moved/seconded by Hill/Gomes that the full reading of Resolution No. 2254 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

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

Authorize temporary road closures at Oak and Third Streets for improvements, CIP Project No. 336-3123. 

John Stevenson, City Engineer, stated this is the last item that needs to be completed for the street improvements on Oak and Third Street. He stated this had been timed to coincide with the schools outages and that they have prepared articles for the newspapers and will be hand delivering notices to residents. He stated they have also notified all of the emergency services. He stated this would be a temporary closure so that the work could be completed in three-days versus two weeks.

Mayor McPoland asked if there would be detour signs put up in the area. Mr. Stevenson said that there would be. 

Councilmember Hill felt that it would be appropriate for staff to use the parking lot on Second Street during the road closure, and ban staff parking in the main lot. 

It was moved/seconded by Petrovich/Gomes to authorize the City Engineer to temporarily close the intersection of Oak and Third Streets March 22 through March 25, 2001, to allow construction of the decorative crosswalks associated with the 3-way stop construction project and to directing the City Manager to cause city employees to park in the parking lot on Second Street. Motion carried unanimously. 

Council took a break at 8:30 p.m. and reconvened at 8:40 p.m.

OLD BUSINESS

Approve a Resolution approving a written report describing the measures taken to alleviate the threat to the public health, safety or welfare that led to the adoption of Interim Urgency Ordinance No. 659, which established a 45 day moratorium on development approvals for housing projects in the Northwest General Plan – Special planning Study Area. 

Mr. Beougher introduced the staff report. He stated that Mitch Oshinksy, Community Development Director, had met with the General Plan Update Group to resolve issues regarding jobs to housing. He recommended the written report be accepted, which would terminate the moratorium on March 31, 2001. 

Ron Enos, 906 Roseto Court, felt that the General Plan Group was confused on the issues they were voting for, when they took the residential away on Heidorn Ranch Road. He stated they felt there was the plenty of access for emergency vehicles through roads in that area. He felt that there could be a mix of commercial and residential and gave a brief presentation on other cities.

Councilmember Hill stated that the General Plan Committee took action that allowed this report to be written in this fashion. 

Mr. Beougher stated that the requirement is that a report of the actions to qualify the public health, safety, and welfare is provided, if the interim ordinance goes away at that point, then the requirement is still complied with.

Councilmember Hill stated that there were items at the General Plan meeting that he would still like discussion on that are relevant on how the City proceeds with or without the moratorium.

Councilmember Petrovich stated when the action taken by the General Plan Group is brought to the Council the Council can change or eliminate it. Mr. Beougher stated that that was correct and agreed that the Council had the final say.

Mayor McPoland stated that even though this item is dealing with the Urgency Ordinance, that there was mention throughout the report of the action taken at the General Plan meeting; and that action should be brought to the Council as a separate item.

Mr. Beougher stated that it does not have to that it can be handled at the General Plan Update, when the Council takes the General Plan Review. 

Councilmember Gomes stated that the Council had voted on the urgency measure, and that this item was just to approve a report that outlines the measures that have been taken since then. Because of the measures the moratorium will not be continued.

Councilmember Hill stated that while it is true that the Council has the ultimate authority with the adoption of the General Plan Update, the group had concurred that because of the inclusion of the Council and the Planning Commission that they would try to adopt recommendations uniformly.

Councilmember Petrovich stated that since he felt the initial action was illegal he would abstain from this vote.

Resolution No. 2255

A Resolution of the; City Council of the City of Brentwood adopting a Written Report describing the measures taken to alleviate the threat to the Public Health Safety of Welfare that led to the adoption of Interim Ordnance No. 659

It was moved/seconded by Gomes/Hill that the full reading of Resolution No. 2255 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

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

Review the Brentwood Education and Technology Center (BETC) Proforma; authorize the City Manager to execute a Construction Management Contract with RGM and Associates; adopt the Line Item Bid Package Cost Summary and authorize the City Manager to execute all contracts under $25,000 and contracts under $100,000 provided they do not exceed the budget amount by more than 10%.

Mr. Sword introduced the staff report. He stated that the redesign created an additional 1816 sq feet of lease space, which decreased the tenant load factor to twenty-percent. He stated that each line item would be a separate bid package. He requested that the Council also increase the bonding amount to $100,000, because the bid packages will contain a time certain in the specifications, the pool of available contractors will narrow. He stated the general contractor usually provides the bonding for the job and not the subcontractors. He stated that the City will act as the general contractor for the job, and RGM will provide the onsite supervision, the project management, and the administrative staffing. 

Councilmember Petrovich asked if RGM was willing for the City to hold back fifty-percent of their fee, based on the project not coming in on bid.

Mr. Sword stated that this is a professional service fee and he had not discussed that with them, and it is not a customary arrangement between a client and a construction manager. 

Councilmember Petrovich felt that this was going to be over budget and wanted some guarantees. Mr. Sword stated that he could not deliver that.

Councilmember Hill stated he understood what Councilmember Petrovich was stating and while he doesn’t agree with fifty-percent, he felt there should be some penalty for performance, but since the City was the general contractor for this that wouldn’t be feasible.

It was moved/seconded by Gomes/Beckstrand to authorize the City Manager to execute a Contract for Construction Management Services with RGM and Associates for an amount not to exceed $211,040. Adopt the Line Item Bid Package Cost Summary and authorize the City Manager to execute all contracts under $25,000 and contracts under $100,000 provided they do not exceed the budget amount by more than 10%. Motion carried unanimously.

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

Councilmember Hill reported on the Economic Development Committee, stated they had gone over the financial proforma and options for the Sunset Industrial Complex. He reported that the Housing Subcommittee had discussed various growth management programs.

Mayor McPoland met with Mayor of Antioch and agreed to meet and discuss the business park and they would appoint a group for discussions. 

Councilmember Petrovich stated he had met with John Coleman of East Bay Municipal Utility District regarding the property located at the end of Chestnut Drive and Byron Highway and the possibility of using fifty acres for a sports field. 

REQUESTS FOR FUTURE AGENDA ITEMS

Councilmember Hill requested a presentation on the rollout program on the use of portable defibulators.

Councilmember Hill requested a presentation regarding the finances and staffing of the fire district.

Councilmember Beckstrand stated she would also like a presentation from the County and the Fire District on tax dollar versus citizen population.

Councilmember Hill requested an item regarding the policy question of the City’s development plans and the front-loading of homes on Apricot Way.

Redevelopment Agency meeting was called to order at 9:19 p.m.

The City Council meeting reconvened at 9:25 p.m. and was adjourned to Closed Session at 9:26 p.m.

CLOSED SESSION
Conference with Legal Counsel - Pending litigation pursuant to Gov’t Code Section 54957(e): Anita Jones vs. City of Brentwood

Conference with Legal Counsel - Anticipated litigation pursuant to Gov’t Code Section 54956.9(b): one case

The meeting reconvened in Open Session at 9:40 p.m. with no action to report.

There being no further business the meeting was adjourned.


Respectfully submitted,

Margaret Wimberly
Administrative Assistant II

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