CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, 7:00 P.M.
MARCH 11, 2008

CALL TO ORDER CITY COUNCIL - 734 Third Street (5:45 PM)

ROLL CALL (5:45 PM)
Roll Call
Present: Becnel; Richey; Stonebarger; Taylor
Absent: Brockman

PUBLIC COMMENTS - None (5:46 PM)

ADJOURN TO CLOSED SESSION - Community Development Conference Room - 118 Oak Street
Motion: Adjourn to Closed Session
Moved by Becnel, seconded by Stonebarger.
Vote: Motion carried 4-0.
Yes: Becnel; Richey; Stonebarger; Taylor
Absent: Brockman

1) City Council Closed Session pursuant to Government Code Section 54956.9(b): CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Case Name: One Potential Case.

At 6:15 p.m., Vice Mayor Brockman joined the Council in the Community Development Conference Room, at 118 Oak Street, for the second Closed Session item.

2) City Council Closed Session pursuant to Government Code Section 54956.9(a): CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. Name of case: Randy J. Mass v. City of Brentwood, et al.

Motion: Recess City Council
Moved by Becnel, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

RECNOVENE CITY COUNCIL IN OPEN SESSION/CALL TO ORDER REDEVELOPMENT AGENCY - 734 Third Street, City Council Chamber (07:00 PM)

REPORT ON CLOSED SESSSION - None (07:00 PM)

PLEDGE OF ALLEGIANCE (07:00 PM)
Mayor Taylor asked Parks and Recreation Commissioner, Ernie Rodrigues, to lead the audience in the Pledge of Allegiance.

ROLL CALL (07:01 PM)

Roll Call
Present: Becnel; Brockman; Richey; Stonebarger; Taylor

PRESENTATION (07:01 PM)

A. Proclamation for Ernie Rodrigues in honor of his Lifetime Achievement recognition by the California Association of Park and Recreation Commissioners and Board Members. (C. Bronzan) - Mayor presents proclamation to Ernie Rodrigues

Director of Parks and Recreation, Craig Bronzan, said Ernie Rodrigues had been on the Parks and Recreation Commission for five years, was reappointed for another three-year term, had served as president of the California Association of Park and Recreation Commission and Board Members, and was recognized with the Association’s highest honorary life award in recognition of his service.

Mayor Taylor presented a proclamation to Parks and Recreation Commissioner, Ernie Rodrigues, in honor of his service to the City.

Commissioner Rodrigues thanked Council and said he enjoyed Brentwood Parks and Recreation.

PUBLIC COMMENTS - None (07:08 PM)

CONSENT CALENDAR (07:08 PM)

1. Approved minutes of the City Council/Redevelopment Agency meeting of February 26, 2008. (M. Wimberly)

2. PULLED FOR DISCUSSION - Adopt a Resolution approving local agricultural grants in the amount of $30,604 from the City’s Agricultural Enterprise Grant Program as recommended by the Agricultural Enterprise Committee. (H. Sword/L. Maurer)

3. Adopted Resolution 2008-49 amending the City of Brentwood Council/Administrative Policy No. 90-3 (Wellness Policy) to add Section 20 related to the benefits of play opportunities. (C. Bronzan/P. Scherff/S. Barry)

4. Adopted Resolution 2008-50 accepting the work performed by Ghilotti Bros., Inc. for the Brentwood Boulevard Widening - Central, CIP Project No. 336-31490, and directing the City Clerk to file a Notice of Completion with the County Recorder. (B. Grewal/A. Salam)

5. Adopted Resolution 2008-51 approving and authorizing the City Manager or designee to execute a Professional Services Agreement with LPA, Inc. for design services in connection with the work referred to as LEED Services (Leadership in Energy and Environmental Design) / Sustainable Design for the Civic Center projects in an amount not to exceed $60,000, plus a 10% contingency of $6,000, for a total of $66,000. (K. Chew/G. Leech)

Council Member Stonebarger voted no.

6. Adopted Resolution 2008-52 approving and authorizing the City Manager or designee to execute a Professional Services Agreement with LPA, Inc. for the preparation of design and construction documents for City Park, CIP Project No. 352-52406, in an amount not to exceed $204,000, plus a 10% contingency of $20,400, for a total of $224,400. (C. Bronzan/K. Chew/G. Leech)

Council Member Stonebarger voted no.

7. Adopted Resolution 2008-53 approving and authorizing the City Manager or designee to execute a Professional Services Agreement with Client First LLC. for the preparation and design of construction documents of Information Technology Systems, Information Systems Infrastructure Project Management, Wireless System selection, and Information Systems Move Planning related to the Civic Center Projects in an amount not to exceed $182,755. (P. Ehler/J. Malberg)

Council Member Stonebarger voted no.

8. Adopted Resolution 2008-54 adopting the Cash Handling Policy No. (City Council/Administrative Policy No. 10-14). (P. Ehler/J. Malberg)

9. PULLED FOR DISCUSSION - Adopt a Resolution approving the Youth Commission Scholarship Application and criteria which awards four high school seniors who have met scholarship requirements each with a $750 scholarship. (C. Bronzan/P. Scherff/B. Gary)

10. Adopted Resolution 2008-55 approving changing the name of the Senior Adult Education Center CIP project # 522-52280 to the Brentwood Senior Activity Center as recommended by the Park and Recreation Commission. (C. Bronzan/P. Scherff)

11. Adopted Resolution 2008-56 approving the closure of parking lots and streets for the use of City-owned property for the staging of the 11th Annual Spring to Life Fun Run and Walk sponsored by the City of Brentwood Parks and Recreation Department on April 26, 2008. (C. Bronzan/P. Scherff/B. Gary)

12. Adopted Resolution 2008-57 approving the classification description and salary range for Senior Community Development Analyst and repeal the classification descriptions and salary ranges for Senior Housing Analyst and Housing Manager. (K. Chew/P. Standley)

13. Adopted Resolution 2008-58 authorizing City Staff and RGM and Associates to negotiate contracts for Bid Package #5 - Structural Steel and Bid Package #18 - Kitchen for Senior Adult Education Center CIP No. 522-52280 and Aquatic Complex/Concession Stand CIP No. 522-52300 (Group C). (C. Bronzan/P. Scherff)

14. Adopted Resolution 2008-59 approving and authorizing the City Manager or her designee to execute Amendment No. One to Amend the Agreement for Plan Review Services with CSG Consultants to provide additional plan check services in the amount of $50,000, for a total not to exceed $100,000 for the 2007-2008 fiscal year. (H. Sword/L. Kidwell)

15. Adopted Resolution 2008-60 accepting EBMUD Mokelumne Aqueduct Right of Way improvements for Subdivision No. 8788, S & S Farms, located on the north side of Grant Street from the Union Pacific Railroad Right of Way to Cesar Chavez Road; not including future Adams Street extension or the O’Hara Avenue extension pieces, by Brentwood Sand Creek Partners, LLC. (C. Bronzan/K. De Silva)

16. Adopted Resolution 2008-61 approving and authorizing the City Manager or designee to execute an Assignment Agreement with Richmond American Homes of California, Inc., and Steeplechase Brentwood, LLC to assign the Reimbursement Agreement for costs associated with Master Plan Facility Improvements constructed as a part of Tentative Subdivision Map No. 8674, located at the northwest corner of Lone Tree Way and O’Hara Avenue. (B. Grewal/D. Galey)

17. Adopted Resolution 2008-62 making the necessary findings and determination in accordance with Health and Safety Code Section 33445 for the financing of the Downtown Infrastructure Project, CIP No. 562-56382, by the Brentwood Redevelopment Agency in the amount of $256,210. (H. Sword/D. Kwong)

18. Adopted Resolution RDA-138 making findings and determinations in accordance with Health and Safety Code Section 33445 and authorizing the Agency Treasurer to appropriate funds from the Redevelopment Agency of the City of Brentwood Tax Allocation Bonds, Series 2001, to Downtown Infrastructure Project, CIP No. 562-56382, in an amount not to exceed $256,210. (H. Sword/D. Kwong)

19. Approved the following warrants from Warrant lists dated February 13, 2008 and February 20, 2008. (P. Ehler/L. Schelbert)

CONSENT CALENDAR ACTIONS (07:08 PM)

Motion: Approve Consent Calendar Items 1 - 19 as recommended, with the exception of Items 2 and 9. Council Member Stonebarger voted no on items 5, 6, and 7.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

2. Adopt a Resolution approving local agricultural grants in the amount of $30,604 from the City’s Agricultural Enterprise Grant Program as recommended by the Agricultural Enterprise Committee. (H. Sword/L. Maurer)

Council Member Stonebarger said the program promoted viability with agriculture in the area and he had hoped the County would financially participate.

Economic Development Manager, Linda Maurer, said Council approved the grant program in November last year and a notice of availability had been issued in December. Seven proposals had been received and totaled $85,000 and there was $30,000 to provide. Staff reviewed the proposals through the Agricultural Enterprise Committee and created a list of recommendations for grant recipients, which included the following: Contra Costa County Wine Company to promote Brentwood Grown wines; the Brentwood Agricultural Land Trust for the Buy Fresh Buy Local campaign; Harvest Time for farm trails map; Contra Costa Grape and Wine Growers Association to promote Brentwood wine; and funding for the development of a magazine dedicated to the wine industry in the City and East Contra Costa County.

Council Member Brockman asked to clarify where the funds had come from and how the amount was determined.

Economic Development Manager, Linda Maurer, explained the funding and said Council adopted the Brentwood Grown identity at their last meeting, which would be filed with the U.S. Patent and Trademark Office.

Motion: Adopt Resolution 2008-63 approving local agricultural grants in the amount of $30,604 from the City’s Agricultural Enterprise Grant Program as recommended by the Agricultural Enterprise Committee.
Moved by Stonebarger, seconded by Brockman.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

9. Adopt a Resolution approving the Youth Commission Scholarship Application and criteria which awards four high school seniors who have met scholarship requirements each with a $750 scholarship. (C. Bronzan/P. Scherff/B. Gary)

Parks and Recreation Supervisor, Barbie Gary, spoke about the Youth Commission scholarship program, which recognized local high school seniors in the City and awarded those in need of financial assistance. She said staff recommended approval of the scholarship program, which would allow for up to four $750 scholarships.

Director of Parks and Recreation, Craig Bronzan, said there were residents attending Freedom High School and the Youth Commission had changed the program to include high school seniors living within City limits.

Motion: Approve Adopt Resolution 2008-64 approving the Youth Commission Scholarship Application and criteria which awards four high school seniors who have met scholarship requirements each with a $750 scholarship.
Moved by Taylor, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

OLD BUSINESS (07:15 PM)

20. Adopt a Resolution approving and authorizing the City Manager or designee to execute an Agreement with the Keller Canyon Landfill Company for Solid Waste, Green Waste and Recyclable Materials Transport, Processing and Disposal Services and a Guaranty Agreement with Allied Waste Services of North America, LLC; and directing the City Clerk to record a Notice of Determination with the County Recorder. (B. Grewal/P. Eldredge)

Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, presented a staff report and said the item had been presented and discussed at the meeting of February 26, 2008. He introduced Bob Hilton, HF&H, the firm obtained by the City to assist in the process.

Bob Hilton, HF&H, presented a history and background about solid waste. The power point covered the following topics: The purpose of presentation; solid waste fundamentals; contract costs; disposal procurement processes; current procurement objectives; disposal market conditions; Allied’s unique disposal qualifications; green waste market conditions; Allied’s unique green waste qualifications; recycling market conditions; Allied’s unique recyclables qualifications; Allied’s unique transportation qualifications; results vs. City objectives; financial results; disposal results vs. other cities; Brentwood procurement; competitive procurement; analysis of competitive procurement; and options.

An extensive period of questions and responses between the Council, consultant and staff ensued.

Mayor Taylor opened public comments.

Michael Caprio, Allied Waste Services, said there had been 18 months of negotiation and by comparison, rates provided to the City were favorable in relation to other facilities. There was a shortage of landfill capacity in northern California. Landfills in the area had recently closed and other landfills had fees and taxes. He spoke about out of County fees and other fee structures. Allied was able to offer a long term landfill and state of the art facility. Allied had an overabundance of dirt at the site and green waste services were part of the overall deal needed by the City. There were some processing costs associated to prepare material and place over the refuse, which was an added service and was convenient for the City. There was a solid, dependable source of diversion that counted for AB 939 diversion credits, which enabled the City to reach AB 939 goals over the last few years along with other recycling programs. Recent surveys had been done on contamination within recyclables. The initial results indicated the City would be out of a situation where the City paid Allied to take the recyclables away and there would be a benefit of $5 to $15 a ton. The cost increases shown in staff report would be minimized or eliminated and the City would receive the benefits shown during Mr. Hilton’s presentation, for a zero cost increase over current services. He spoke about the rates of the Contra Costa County Solid Waste Authority and asked Council to approve the agreement.

Mayor Taylor closed public comments.

Council Member Richey said he understood the benefits of the bundled service and spoke regarding the lack of a competitive bid process. There was the issue of fiduciary responsibility to the citizens and he felt the City should examine all options and costs, and the competitive bid process. He felt it was his respsonibility to look into green waste and as local leaders protect the environment and comply with AB 939.

Vice Mayor Brockman said he was in favor of the contract.

Council Member Stonebarger said he was in favor of the competitive process. He was concerned about higher rates, but felt this was a favorable deal for the City.

Council Member Becnel said he agreed with Council Member Stonebarger and said the competitive process was part of the City purchasing process to ensure fairness and integrity. There were provisions in the purchasing guidelines that allowed for sole source contract negotiations in specific and limited circumstances. He was concerned that entering into a long term contract with a four percent per year escalator clause would place the City in higher rates at the end of the ten years. When supply went down, price went up, and landfills were not the kind of businesses counties and cities wanted to have near. He was satisfied staff had met the burden from departure from the competitive bid process. He felt the long term risks had been minimized for the contract and having a shorter term contract would place the City at risk for higher escalating costs. He was in favor of moving forward with the contract.

Motion: Adopt Resolution 2008-65 approving and authorizing the City Manager or designee to execute an Agreement with the Keller Canyon Landfill Company for Solid Waste, Green Waste and Recyclable Materials Transport, Processing and Disposal Services and a Guaranty Agreement with Allied Waste Services of North America, LLC; and directing the City Clerk to record a Notice of Determination with the County Recorder.
Moved by Brockman, seconded by Stonebarger.
Vote: Motion carried 4-1.
Yes: Becnel; Brockman; Stonebarger; Taylor
No: Richey

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, SUBCOMMITTEES AND LIAISONS (08:55 PM)

Council Member Stonebarger reported on the last American Avenue Task Force meeting.

Mayor Taylor reported the proclamation regarding the military tribute had gone all over the world and he spoke about his proposal made at the Mayor’s Conference to have each city prepare a proclamation and send it to City of Brentwood. He also had read "The Cat in The Hat" to Kindergarteners at Krey Elementary School and said he had been invited to Comcast in Walnut Creek to speak about the opening of the Highway 4 Bypass and the Streets project in the City.

REQUESTS FOR FUTURE AGENDA ITEMS (08:58 PM)

(1) Mayor Taylor explained his request for a resolution or proclamation to the Contra Costa County Board of Supervisors opposing any prison in East County. He asked for a short resolution for the City to go on record in opposition of the prison.

(2) Council Discussion - A consensus of the Council is needed to have staff spend time and resources on the issue.

Council Members Becnel and Stonebarger concurred.

NEW REQUESTS - None (09:00 PM)

ADJOURNMENT (09:00 PM)

Motion: Adjourn
Moved by Stonebarger, seconded by Brockman.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

Respectfully submitted,

Cynthia Garcia, CMC
Assistant City Clerk