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CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
Minutes of February 26, 2002

A regular meeting of the City Council of the City of Brentwood was called to order at 7:32 p.m. in the City Council Chambers located at 734 Third Street, with Mayor McPoland presiding.

Roll Call
Present: Councilmembers Beckstrand, Gomes, Hill, Mayor McPoland
Absent: Councilmember Petrovich

CITIZEN COMMENTS

Susan Dutra, 2361 Smith Road, Brentwood, spoke regarding the contract between the City of Brentwood and the Brentwood Women’s Club, which expires on March 31, 2002. Ms. Dutra wanted to state for public record that Dennis Beougher, City Attorney, confirmed that the General Liability Insurance, which is carried by the Brentwood Women’s Club, is sufficient to satisfy the contractual requirements with the City.

Rose Pierce, 6861 Lone Tree Way, Brentwood, gave a report on the Community Chest Christmas Basket Program stating that 515 baskets were given to needy families as well as toys for the children. Ms. Pierce further stated that the Community Chest continues to help needy families throughout the year. 

Karen Rarey, 4677 Nunn Street, Brentwood, gave an update on the Kiwanis of Brentwood Highway 4 Bypass Celebration Craft and Safety Fair to be held on April 13, 2002. Ms. Rarey asked the City to donate community services since this is not a money-making venture for the Kiwanis. She also gave an update on the Contra Costa Transportation Systems Advisory Committee. 

Bill Putman, 1220 Tidewater Court, Brentwood, announced the Delta Community Services St. Patrick Day Dinner, Sunday March 17, 2002 at the Community Center.

Sister Delores Castro, 5212 Balfour Road, Brentwood, Sister Delores Castro read a prepared statement into the record and questioned why Orchard Park neighborhood continued to be in the redevelopment area subject to eminent domain. Dennis Beougher, City Attorney, replied that a response had already been drafted and reviewed by the City Attorney and the City Manager. The letter will be mailed by the next day.

Len Del Chiaro, 532 Sarah St., Brentwood, asked Council for an update on the status of the Sound Wall and road improvements at Walnut Acres Trailer Park located at the corner of Walnut Blvd. and Balfour Road. Mr. Del Chiaro also voiced concerns over the density of afternoon traffic at that intersection. Mayor McPoland requested that staff research the subject and provide Council with a report at the next meeting. He also publicly thanked the Police Chief and the Police Department on their rapid response to a situation at the Woodgate Mobile Home Park.

AGENDA REVIEW

Item No. 7 Pulled per staff request.

Item No. 12 Pulled for further discussion.

Item No. 14 Change the date for the appeal to 4/9/02.

Item No. 21 Moved to Consent Calendar.


CONSENT CALENDAR

1. Approve Minutes of February 12, 2002. Pulled for further discussion.

2. Reject Claim presented by Scott Mutter. 

3. Reject Claim presented by Kimberly Lombardi. 

4. Approve Resolution No. 2470 accepting the work performed by Kenny Manta Industrial Services for the Repainting of the Elevated Water Tank, CIP Project No. 562-5626, located at 4061 Walnut Boulevard, and direct the City Clerk to file a Notice of Completion with the County Recorder. 

5. Approve Resolution No. 2471 authorizing the City Manager to execute Purchase Orders or Contracts for the not-to-exceed dollar amounts listed for the attached list of vendors.

6. Approve Resolution No. 2472 authorizing the City Manager to execute a contract with Myles Sexton in an amount not to exceed $6,000 per year for the rental of the parcel that houses the free cardboard drop-off bins. 

7. Approve a Resolution authorizing the City Manager to execute a Design Change Order with Mark Thomas & Co. for completion of design and construction bid documents on Sand Creek Road East, CIP Project No. 336-3061, in an amount not to exceed $136,000; and to execute a Design Change Order with Carlson, Barbee & Gibson for completion of design and construction bid documents on Sand Creek Road East, CIP Project No. 336-3061, in an amount not to exceed $32,000, and authorizing the City Manager to approve Change Orders up to 10% of the contract amounts. Pulled per staff request. 

8. Approve Resolution No. 2473 accepting public improvements for Subdivision 7871, "Brentwood Country Club", Blackhawk-Nunn, located north of Balfour Road and west of Fairview Avenue. 

9. Approve Resolution No. 2474 authorizing the City Manager to execute a Change Order in the amount of $70,000 for Mark Thomas & Company for the Design Contract for Lone Tree Way Improvements from Jeffrey Way to Fairview Avenue, CIP Project No. 336-3127. 

10. Approve a Resolution authorizing the City Manager to execute a Change Order in the amount of $666,657, to increase the Reimbursement Agreement with Brookfield Homes for the construction of Fire Station #52, CIP Project No. 336-3109; approve an increase in the project budget to a total of $2,581,915, and authorize the City Manager to approve change orders up to 10% of the contract amount and amend the CIP budget to conform with these amendments. Pulled for further discussion.

11. Approve Resolution No. 2475 amending the Purchasing Policy to increase the City’s purchases of recycled materials and recycled products and to further comply with the state-mandated AB939 waste reduction goals of 50% diversion.

12. Approve a Resolution authorizing the City Manager to execute a contract with M.A.T. and Sons Landscape, Inc. in the amount of $77,144.94 for the City of Brentwood Aquatic Complex parking lot landscaping, CIP Project No. 522-5202. Pulled for further discussion.

13. Approve Resolution No. 2476 supporting State Assembly Bill 81 (MIDGEN) with the Los Angeles County Amendment to ensure equitable distribution of property tax revenues derived from power plants.

14. Set the date for the appeal of Design Review No. 01-32 Lone Tree Center. Pulled for further discussion.

15. Approve a Resolution authorizing the destruction of certain ballot cards concerning the proposed assessments under City-wide Park Maintenance District No. 98-1 Election held in February, 1998. Pulled for further discussion.

16. Approve Resolution No. 2477 authorizing the submittal of an application for grant funds for the State of California Department of Parks and Recreation Riparian and Riverine Habitat Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000. 

17. Set March 26, 2002 as the date for a Joint Workshop with City Council and City Staff regarding Telecommunications Services. 

18. Authorize Mayor McPoland to appoint a member of the City Council to act as an alternate East County Water Management Association (ECWMA) Governing Board Representative. Pulled for further discussion.

21. Approve seconding reading and adopt Ordinance No. 698 approving an amendment to Planned Development No. 26 by adding development standards for Planning Area 13 (TSM 8529). This item was moved to the Consent Calendar per Agenda Review.

It was moved/seconded by Gomes/Hill to approve Consent Calendar items 2 – 6, 8, 9, 11, 13, 16, 17 and 21 as approved by staff. Motion carried with the following vote:

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

Item 1

Approve Minutes of February 12, 2002.

It was moved/seconded by Gomes/Beckstrand to approve the minutes of February 12, 2002. Motion carried with Councilmember Hill abstaining and Councilmember Petrovich absent. 

Item No. 10

Approve a Resolution authorizing the City Manager to execute a Change Order in the amount of $666,657, to increase the Reimbursement Agreement with Brookfield Homes for the construction of Fire Station #52, CIP Project No. 336-3109; approve an increase in the project budget to a total of $2,581,915, and authorize the City Manager to approve change orders up to 10% of the contract amount and amend the CIP budget to conform with these amendments.

Councilmember Beckstrand expressed concern that the City does not have an agreement with East Diablo Fire District for the use of the fire station, rent-backs, specific uses for the building, etc. 

John Stevenson, City Manager, responded that he has had discussions with East Diablo Fire District regarding various reimbursement scenarios as well as discussions with the County on consolidating fire districts. Mr. Stevenson further stated that as soon as the City receives the Davis and City Gate Reports we need to have a global discussion with Council on the whole issue.

Mr. Beougher commented that we do have a lease with the County for the use of that property that spells out the care, maintenance and responsibilities for everything from electricity to water to janitorial services for $1.00 per year for 30 years with a ten-year option after that.

Councilmember Hill asked why the change order is necessary.

John Stevenson, City Manager, replied that the original reimbursement agreement was based on the architect’s estimate of construction costs. The actual bid for the work came in at $500,000 over that.

Councilmember Hill expressed his annoyance that we have once again paid a professional to give us an estimate that was completely inaccurate. He then requested that we never use that architectural firm again. 

Mr. Stevenson explained that if we had waited to do the Reimbursement Agreement until after we had the bid, the reimbursement would have been for the correct amount.

Councilmember Hill asked if the agreement that was executed was incorrect. 

Mr. Stevenson confirmed that it was.

Mr. Beougher further added that it was based on the best available information at that time.

Councilmember Gomes expressed concern over the cost of the building commenting that the original bid was $1.1 million. He went on to asked for confirmation that the original agreement between the City and the County states the City owns the facility and leases it back to the County for $1.00 per year thereby protecting the City should the Fire District ever became insolvent and that there is a shared police/fire facility component in the facility itself.

Mr. Beougher stated that there was a budget set, now we have a $700,000 shortfall. The question now is who picks it up.

Councilmember Gomes asserted that one of our options is to just withhold some of the money that we send to the District to pay ourselves back because we anticipated this happening.

RESOLUTION NO. 2478

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE ORDER IN THE AMOUNT OF $666,657 TO INCREASE THE REIMBURSEMENT AGREEMENT WITH BROOKFIELD HOMES FOR THE CONSTRUCTION OF FIRE STATION #52, CIP PROJECT NO. 336-3109; APPROVE AN INCREASE IN THE PROJECT BUDGET TO A TOTAL OF $2,581,915, AND AUTHORIZE THE CITY MANAGER TO APPROVE CHANGE ORDERS UP TO 10% OF THE CONTRACT AMOUNT AND AMEND THE CIP BUDGET TO CONFORM WITH THESE AMENDMENTS.

It was moved/seconded by Beckstrand/Gomes that the full reading of Resolution 2480 be waived and that the same be adopted. Motion passed by the following vote:

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

Item No. 12

Approve a Resolution authorizing the City Manager to execute a contract with M.A.T. and Sons Landscape, Inc. in the amount of $77,144.94 for the City of Brentwood Aquatic Complex parking lot landscaping, CIP Project No. 522-5202.

Craig Bronzan, Director of Parks and Recreation, gave a brief overview of the project stating that the original low bidder was Tree to Green Landscaping. Tree to Green was given their notice to proceed on January 31, 2002 which gives them ten days to get their required certificates, bonds and insurance. The contractor was not able to do that within ten-day time the City needed to move this project along prior to the opening of the summer season. Staff recommends that we select the next qualified bidder which is bidder number three. 

Councilmember Beckstrand asked if ten days is the standard protocol to submit required certificates, bonds and insurance?

Mr. Bronzan responded that it has been ten days since he has been at the City.

Councilmember Gomes asked if we have ever waived the ten-day requirement?

Mr. Bronzan responded that the to his knowledge the deadline has never been waived. 

Troy Mantuefel, 815 Nicholas Ct., Brentwood, addressed the Council stating that he was the successful low bidder on the project. Mr. Mantuefel commented that he had some issues with the bonding and apologized for submitting his bonding paperwork after the deadline, but stated that all the equipment has been loaded on the truck and he was ready to proceed with the project and complete it in a timely manner.

Mayor McPoland asked if the City had an ordinance that stipulates ten days.

Dennis Beougher, City Attorney, responded that the ten-day deadline is specified in the Notice to Proceed. Mr. Beougher further commented that Mr. Mantuefel was informed in December that he was the lowest bidder and the Notice to Proceed was not sent until January 31, 2002, so he had almost six weeks to begin preparing his documents.

Mr. Mantuefel responded by stating that he spoke with Janet Hansen and was waiting for a letter of intent and he did not receive that so he did not want to proceed until he had received that.

He then stated there were 23 days of rain in December so he was busy trying to finish his work the Skate Park.

Mayor McPoland asked Mr. Mantuefel when he actually received his bonds.

Mr. Mantuefel responded that the bond was faxed on February 21, 2002 and the Originals were delivered to the City on February 22, 2002.

Councilmember Beckstrand then asked, when we do an RFP and send out for bids, are we not obligated to follow the procedures that we initially put out in the RFP? If for any reason, the bidder fails to comply, are we not obligated to follow our own procedure and go to the next lowest bidder?

John Stevenson, City Manager, confirmed that is why staff is here with the recommendation to proceed with next qualified bidder.

Councilmember Hill commented that Mr. Mantuefel’s attorney seems to lay a lot of the blame on Janet Hansen, Parks Planner, citing her failure to respond to phone calls and asked whether it was more the failure of the bonding company to issue the bonds once they was requested?

Councilmember Gomes asked if the City has given M.A.T. landscaping a Notice to Proceed?

Mr. Beougher responded that M.A.T. Landscaping was contacted to see if they were prepared to proceed should we award the contractor to the next qualified bidder but they have not been given a formal Notice to Proceed pending Council’s decision. 

Mr. Mantuefel commented that if Council did decide to go with the next qualified bidder, it would cause even further delay to the project and again apologized for the lateness of his documents but reiterated that he was now ready to proceed.

Councilmember Hill asked Ms. Hansen to recount her conversation with M.A.T. Landscaping stating that he wanted to make sure that there was no implied contract with them at this point.

Ms. Hansen, Parks Planner, stated that she called M.A.T. Landscape and spoke with the person who had submitted the bid. She asked that person if the bid was still valid and if they could, upon notification, move forward and complete the job within the 60-day time frame and provide all their documentation within the ten-day time frame, but made no commitment until after the Council meeting tonight.

Councilmember Hill asked Mr. Mantuefel if he would be able to complete the job now since he had earlier implied that he was unable to meet the deadline because of other work he was doing at the Skate Park.

Mr. Mantuefel responded that the job at the Skate Park is completed and he could now concentrate on the Aquatic Complex parking lot.

Councilmember Beckstrand commented that she felt the City is opening itself up to problems if we compromise the integrity of the City’s process. The City has given legal notification, legal standard-for-the-industry deadlines, with the consequences of the deadlines being known. The deadlines were missed. Moving forward is the logical and responsible thing to do.

Councilmember Hill further commented that he felt if the shoe were on the other foot and Mr. Mantuefel was the next one in line for the job, he would expect the City to move forward and uphold their own rules. Councilmember Hill then commented that nobody has failed Mr. Mantuefel other than the Surety Company he is working with. 

Mr. Mantuefel responded by stating that since it was an informal bid, there was never a bid bond required and that threw the Surety Company off.

Mr. Beougher confirmed that the City could do informal bids under $100,000.

Mayor McPoland then read an excerpt from a document provided by Mr. Mantuefel which stated that the “Park and Recreation has failed to provide Tree to Green a copy of the executed contract.” 

Ms. Hansen responded that three orginal contracts were signed by Mr. Mantuefel on January 21, 2002 and signed by the City Manager on January 28, 2002. A copy of the contract was kept on file in the Parks and Recreation Department, one was filed with the City Clerk’s office and the third contract was return to Mr. Mantuefel. 

It was motioned/seconded by Beckstrand/Mayor McPoland to direct staff to execute a contract with M.A.T. and Sons Landscape, Inc. in the amount of $77,144.94 for the City of Brentwood Aquatic Complex parking lot landscaping, CIP Project No. 522-5202. Motion carried by the following vote:

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


Item No. 14

Set the date for the appeal of Design Review No. 01-32 Lone Tree Center. 

Mitch Oshinsky, Director of Community Development, requested that the appeal for the Design Review No. 01-32 Lone Tree Center be moved to the April 9, 2002, to provide the consultant adequate time to prepare the needed reports.

It was moved/seconded by Gomes/Hill that the date for the appeal of Design Review No. 01-32 Lone Tree Center be set for April 9, 2002.

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

Item No. 15

Approve a Resolution authorizing the destruction of certain ballot cards concerning the proposed assessments under City-wide Park Maintenance District No. 98-1 Election held in February, 1998.

Cindy Goulding, Deputy City Clerk, gave an overview of the State of California ballot retention requirements.

RESOLUTION NO. 2480

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE DESTRUCTION OF CERTAIN BALLOT CARDS CONCERNING THE PROPOSED ASSESSMENTS UNDER CITY-WIDE PARK MAINTENANCE DISTRICT NO. 98-1 ELECTION HELD IN FEBRUARY, 1998.

It was moved/seconded by Beckstrand/Gomes that the full reading of Resolution 2480 be waived and that the same be adopted. Motion passed by the following vote:

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

Item 18

Authorize Mayor McPoland to appoint a member of the City Council to act as an alternate East County Water Management Association (ECWMA) Governing Board Representative.

Mayor McPoland gave a brief overview of the East County Water Management Association Governing Board and asked Councilmember Hill to be the alternate.

Councilmember Hill accepted.

It was moved/seconded by Gomes/Beckstrand to authorize Mayor McPoland to appoint Councilmember Hill as the Alternate Member of the East County Water Management Association Governing Board. Motion passed by the following vote:

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


PUBLIC HEARINGS

19. Consideration of an Ordinance to eliminate the imposed time limits to incur debt for the Merged Redevelopment Plans. 

Gina Rozenski introduced the item stating that Assembly Bill 1290, which became effective in 1994, imposed time limits on redevelopment plans including time limits on incurring debt, receipt of tax increment and effectiveness of the plan. The outside time limit for incurring debt under AB 1290 for plans adopted prior to 1994 was the later of 20 years after plan adoption or January 1, 2004. As such, the Downtown Project Area’s debt incurrence time limit is 2004, and North Brentwood’s is 2011. Under the time limit restrictions imposed by AB 1290, this time limit on debt incurrence could only be extended by 10 years and then only if the redevelopment agency could demonstrate significant remaining blight. 

Ms. Rozenski further explained that the State Senate passed Senate Bill 211 (Torlakson D-Antioch) in October 2001, to be effective January 1, 2002. SB211 modified the uniform statewide time limits for certain redevelopment agencies in order to provide them with additional time and money to meet their development objectives and financial obligations. Essentially, after January 1, 2002, SB211 allows a community to amend a pre-1994 plan to delete the debt incurrence deadline altogether, with the result that an agency can incur debt under such a plan up to the deadline for the effectiveness of the plan. Such an amendment simply requires the adoption of an ordinance by the legislative body (city council) without any noticing, hearing, or documentation requirements normally applicable to a redevelopment plan amendment, although standard ordinance adoption procedures must be followed. 

The public hearing was opened.

Sister Delores Castro, 5212 Balfour Road, Brentwood, asked if this was the same issue as the extension of the eminent domain.

Gina Rozenski replied that this was item is in accordance with SB211 and only to eliminate the debt incurrence limit and has nothing to do with eminent domain.

There being no one else wishing to speak, the public hearing was closed.

ORDINANCE NO. 699

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ELIMINATING THE EXISTING TIME LIMIT ON INCURRING DEBT FOR THE MERGED REDEVELOPMENT PLAN FOR THE BRENTWOOD AND NORTH BRENTWOOD REDEVELOPMENT PROJECTS.

It was moved/seconded by Gomes/Beckstrand that the first reading of Ordinance No. 699 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote: 

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


20. Approve a Resolution amending the City of Brentwood Master Fee Schedule Resolution No. 2366 to include a $200 one-time computer and phone set up fee for new tenants, and a .03 cents per copy fee at the Brentwood Education and Technology Center. 

Mr. Howard Sword, Director of Economic Development, gave a brief overview of the fee charges for new tenants at the Brentwood Educational and Technology Center.

The public hearing was opened.

There being no one wishing to speak, the public hearing was closed

RESOLUTION NO. 2481

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING THE MASTER FEE SCHEDULE RESOLUTION NO. 2366 TO INCLUDE A $200 ONE TIME CHARGE FOR SETTING UP COMPUTERS AND PHONES FOR EACH TENANT THAT OCCUPIES A SUITE AT THE BRENTWOOD EDUCATION AND TECHNOLOGY CENTER AND A .3 CENT FEE FOR COPIES FOR TENANTS AT THE BRENTWOOD EDUCATION AND TECHNOLOGY CENTER;

It was moved/seconded by Gomes/Hill that the full reading of Resolution 2481 be waived and that the same be adopted. Motion passed by the following vote:

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

21. Consideration of an Ordinance approving an amendment to Planned Development No. 26 by adding development standards for Planning Area 13 (TSM 8529). This item was moved to the Consent Calendar per Agenda Review.

NEW BUSINESS

22. Authorize staff to amend portions of Title 5 of the Municipal Code – Business Licenses, Taxes and Regulations as it pertains to Business License. 

Pamela Ehler, Director of Finance and Information Systems, gave a brief overview of the current business license ordinance. The City’s business license revenue has not kept pace with inflation nor has it reflected the City’s tremendous growth. The current fee structure has in place a maximum base charge for a business license is $60.00. One of the options staff will be looking at is a fee structure on gross receipts as is done by most cities. The goal is to be fair and equitable to all business that pay business license fees. Upon completion of the draft ordinance, it will be brought back to City Council for approval and place on the November 2002 ballot.

Mayor McPoland commented that there are businesses in Brentwood who do not have business licenses and asked staff what we are doing to correct that problem.

Ms. Ehler responded that the City currently has one staff member assigned to Business Licenses and one staff member is not enough to handle the whole project. Ms. Ehler further stated that we do not generate enough revenue from Business Licenses to spend a lot of time trying to enforce them.


Mayor McPoland then asked if we would be able to police the businesses better with the increased revenue.

Ms. Ehler responded yes we would.

Council directed staff to amend portions of Title 5 of the Municipal Code – Business Licenses, Taxes and Regulations as it pertains to Business License.


CITIZEN COMMENTS - none

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS - none

REQUESTS FOR FUTURE AGENDA ITEMS

Councilmember Hill requested that the goals and objectives of the City Manager be placed on the Closed Session Agenda for the meeting on 3/12/02.

ADJOURNMENT

There being no further business the meeting was adjourned at 9:15 p.m.

The next regular meeting of the City Council will be held on March 12, 2002.


Respectfully Submitted,



Cynthia Goulding
Deputy City Clerk

City Administration
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