CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, 7:00 P.M.
JUNE 10, 2008
COUNCIL CHAMBER

CALL TO ORDER CITY COUNCIL (6:00 PM)

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

PUBLIC COMMENTS (6:00 PM)

ADJOURN TO CLOSED SESSION - Community Development Conference Room - 118 Oak Street, Brentwood, CA 94513 (6:01 PM)

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

2. City Council Closed Session pursuant to Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Initiation of Litigation pursuant to Subdivision (c) of Section 54956.9: One Potential Case.

3. City Council Closed Session Pursuant Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS - City Designated Representative: Robert Taylor. Unrepresented Employee: City Attorney

RECESS CITY COUNCIL (6:43 PM)

RECONVENE CITY COUNCIL/CALL TO ORDER REDEVELOPMENT AGENCY (07:01 PM)
Pledge of Allegiance (07:01 PM)

A. Proclamation recognizing June 2008 as Buy Fresh Buy Local Month (BALT). (Kathryn Lyddan)

B. Proclamation to implement voluntary water conservation measures. (B. Grewal)

INVOCATION - Liz Beth Fletcher, Cornerstone Fellowship (07:02 PM)

Roll Call (07:04 PM)
Present: Becnel; Brockman; Richey; Stonebarger; Taylor

REPORT ON CLOSED SESSION - None (07:04 PM)

PRESENTATIONS (07:04 PM)

Presentation Item B was taken before Presentation Item A.

B. Proclamation to implement voluntary water conservation measures. (B. Grewal)

Mayor Taylor presented the Proclamation, which listed some of the ways citizens could conserve water and programs offered by the City.

A. Proclamation recognizing June 2008 as Buy Fresh Buy Local Month (BALT). (Kathryn Lyddan)

Mayor Taylor presented the proclamation, which was read by Tom Bloomfield.

Kathryn Lyddan, Brentwood Agricultural Land Trust, said on June 28, 2008, there would be a "Buy Fresh, Buy Local" celebration at the Farmer’s Market, and citizens were encouraged to bring a dish and recipe for the cooking contest, or family story or photograph to celebrate the City’s heritage in agriculture.

PUBLIC COMMENTS - None (07:13 PM)

CONSENT CALENDAR (07:13 PM)

1. Approved minutes of the City Council/Redevelopment Agency meeting of May 27, 2008. (M. Wimberly)

2. PULLED FOR DISCUSSION - Approve Arts Commission recommendation to re-appoint Diane Lando as the City of Brentwood’s Poet Laureate. (C. Bronzan/P. Scherff)

3. Adopted Resolution 2008-138 authorizing the cancellation of the July 8, 2008, City Council meeting to accommodate summer vacation schedules and the cancellation of the November 11, November 25, and December 23, 2008, meetings due to holidays (D. Landeros/M. Wimberly)

4. Adopted Resolution 2008-139 approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a construction contract and necessary documents for the 2008 Pavement Management Program, CIP Project No. 336-30830, with MCK Services, Inc. in the amount of $979,575.52, plus a 10% contingency of $97,957.55, for a total amount of $1,077,533.07. (B. Grewal/F. Lideros)

5. Adopted Resolution 2008-140 denying the bid protest filed by William G. McCullough Company, approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a construction contract and necessary documents for the Downtown Infrastructure, CIP Project No. 562-56382, with Delta Excavating in the amount of $790,070, plus a 10% contingency of $79,007, for a total amount of $869,077. (B. Grewal/P. Eldredge)

6. Adopted Resolution 2008-141 approving and authorizing the City Manager or designee to execute Amendment No. One to the Professional Services Agreement with Kimley-Horn and Associates, Inc. for the Sellers Avenue Sewer Lift Station Expansion and Upgrade, CIP Project No. 592-59150, in a new not to exceed amount of $10,450. (B. Grewal/P. Eldredge)

7. Adopted Resolution 2008-142 awarding the bid, approving the contract documents, and authorizing the City Manager or designee to execute necessary documents for Bid Package # 18 - Kitchen to Martinez Sheet Metal Inc. in the amount of $122,753 plus a 10% contingency of $12,275.30 for a total contract amount of $135,028.30 for Brentwood Senior Activity Center CIP No. 522-52280 and Aquatic Complex/Concession Stand CIP No. 522-52300 (Group C). (C. Bronzan/P. Scherff)

8. Adopted Resolution 2008-143 approving and authorizing the City Council to approve the expenditure of the donations received for fiscal year 2008/09 pursuant to Brentwood Municipal Code Chapter 2.46 (Park and Recreation Commission) Section 2.46.020. (C. Bronzan/P. Scherff)

9. Adopted Resolution 2008-144 adopting the 2008/09 Prop 4 Appropriations Limit using the change in the City population factor of 3.98% to calculate the Limit. (P. Ehler/K. Breen)

10. PULLED FOR DISCUSSION - Adopt a Resolution increasing the amount authorized to be spent with Chevron Corporation for the 2007/08 fiscal year by $125,000 for a total amount not-to-exceed $465,000. (P. Ehler/M. Huber)

11. Adopted Resolution 2008-145 to create a Board of Appeals for violations of the Uniform Housing Code. (C. McCann/R. Kidwell)

12. Adopted Resolution 2008-146 amending First Time Homebuyer Program Administrative Manual to permit rental of affordable for-sale units for hardship cases, approving and authorizing an execution of an amendment to the form Resale Restriction Agreement and approving a title change to the Manual. (C. McCann/G. Rozenski/ K. Reed)

13. Approved warrants from Warrant lists dated May 14, 2008 and May 21, 2008. (P. Ehler/L. Schelbert)

CONSENT CALENDAR ACTIONS (07:14 PM)

Motion: Approve Consent Calendar Items 1 - 13, as recommended, excluding Items 2 and 10.
Moved by Becnel, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

2. Approve Arts Commission recommendation to re-appoint Diane Lando as the City of Brentwood’s Poet Laureate. (C. Bronzan/P. Scherff)

Poet Laureate, Diane Lando, said in representing the City, her poetry had been placed in the State Library. She read a poem called "The Spinner", and said she was honored to be the City’s Poet Laureate.

Motion: Approve Arts Commission recommendation to re-appoint Diane Lando as the City of Brentwood’s Poet Laureate.
Moved by Taylor, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

10. Adopt a Resolution increasing the amount authorized to be spent with Chevron Corporation for the 2007/08 fiscal year by $125,000 for a total amount not-to-exceed $465,000. (P. Ehler/M. Huber)

Council Member Stonebarger asked if Chevron and the City’s fuel station at the Corporation Yard had been evaluated.

Chief Financial Operations Officer, Denise Davies, said staff had evaluated the installation of a fueling station versus the cost of paying Chevron or another provider. At that time, there was not enough of a savings to justify installing the facility. Due to the increased cost per gallon, staff would be exploring the option again. The City had utilized Chevron because of the many locations and did not pay the federal excise tax.

Council Member Richey asked about off setting fuel costs, alternative fuel vehicles, and if the City could use the remainder of the $125,000 to purchase alternative fuel vehicles.

Chief Financial Operations Officer, Denise Davies, said as the City purchased new and replacement vehicles, staff explored the possibility of purchasing alternative fuel vehicles.

Motion: Adopt Resolution 2008- 147 increasing the amount authorized to be spent with Chevron Corporation for the 2007/08 fiscal year by $125,000 for a total amount not-to-exceed $465,000.
Moved by Stonebarger, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

PUBLIC HEARING (07:23 PM)
14. Consideration of Resolutions for the annual renewal of the Sewer and Water Service Standby Charges on Vacant Parcels of Land within the City Limits. (B. Grewal/D. Galey)

Management Analyst, Debra Galey, presented a staff report regarding the annual renewal of the water and sewer standby charges. Charges were levied on currently vacant residential and commercial zoned properties. Approval of the resolutions would initiate the upcoming fiscal year Water and Sewer standby Charges on the tax roll.

Mayor Taylor opened the public hearing.

Motion: Close the public hearing.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

Motion: Adopt Resolution 2008-148 for the annual renewal of the Sewer Service Standby Charges on Vacant Parcels of Land within the City Limits.
Moved by Brockman, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

Motion: Adopt Resolution 2008-149 for the annual renewal of the Water Service Standby Charges on Vacant Parcels of Land within the City Limits.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

NEW BUSINESS (07:25 PM)

15. Consideration of a Resolution of Necessity to acquire property for John Muir Parkway Extension/Foothill Drive - Phase 1, CIP Project No. 336-31640, from Peter and Joann Landgraf and Timothy and Kristina L’Amoreaux. (B. Grewal/M.Sullivan)

Director of Public Works/City Engineer, Bailey Grewal, presented the staff report and a brief description of the project. He said the Mitigated Negative Declaration had been adopted in June 2007 for the project and John Muir Parkway was part of the City’s Circulation Element of the 1993 General Plan and the City’s General Plan Update of 2001. The City had negotiated to extend the existing John Muir Parkway across the property and had received notification from Mr. Landgraf’s attorney to start the process of eminent domain. No residences or other buildings would be taken and no personal business was displaced or relocated under the project. Project costs were included in the Capital Improvement Program.


David Skinner, Meyers Nave, Special Counsel, said the resolution would authorize the City to move forward with the process of eminent domain. Meyers Nave had complied with the legal requirements, and the appraisal and good faith negotiations with the land owner and the land owner’s attorney had indicated moving forward with the eminent domain process to resolve the valuation dispute. In order to adopt a resolution, the findings Council needed to make were that the public interest and necessity require the project; the project was planned and located in the manner which is most compatible with the greatest public good and the least private injury; the property interests that were sought to acquire were necessary for the project; and that the Government Code had been complied with for the appraisal and making the offer.

Mayor Taylor opened public comments.

Mayor Taylor closed public comments.

Motion: Adopt Resolution 2008-150 determining that the public interest and necessity require the acquisition of certain property interests and directing the filing of eminent domain proceedings for the John Muir Parkway Extension/Foothill Drive – Phase I Project. Property owners: Peter C. Landgraf, Joann Landgraf, Kristina M. L’Amoreaux, and Timothy C. L’Amoreaux. Property address: 600 Concord Avenue, Brentwood. Assessor’s Parcel No.: 010-010-017.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

OLD BUSINESS (07:31 PM)

16. 1) Decide whether to do further research regarding a Local Preference Program and, if so, appoint an Ad Hoc Committee to work with staff and consultant and 2) provide direction to staff regarding temporary space for the Interim Library. (K. Chew/G. Leech)

City Manager, Donna Landeros, said at the City Council meeting of May 13, 2008, Council had expressed interest in exploring local preference options and directed staff to bring back additional information. The City Attorney, Damien Brower, and Glen Granada, Swinerton Consulting Management Firm, would present an overview. Should Council wish to pursue local preference options at a more detailed level, staff recommended that Council appoint an ad hoc committee of two Council Members to work with staff and return for full Council consideration.

City Attorney, Damien Brower, presented an overview regarding California cities, charter and general law cities. As a general law city, Brentwood is required to follow the laws of the State of California, including Public Contracts Code. He explained the Public Contracts Code as it related to general law cities and referred to Section 20162, which stated that when the expenditure required for a public project exceeded $5,000 it shall be contracted for and let to the lowest responsible bidder after notice. He explained constitutional limitations associated with local preference regulations and said there were three areas of concern based on sections of the United States Constitution. The areas of concern were regarding the commerce clause, equal protection clause, and privileges and immunities clause. He also explained the three clauses and how they impacted local preference regulations. He did not believe the City’s local preference policy, in the Purchasing Policy, could be used for such contracts.

City Manager, Donna Landeros, said if Council considered having an ad hoc committee, Mr. Granada would focus on outreach, which was the option most readily available to the City as a general law city.

Glen Granada, Swinterton, discussed local preference options available to the City and working with the outreach format. This would provide an opportunity for the City to develop workshops and allowed local vendors and the local labor force to become aware of the projects underway and the schedule. The workshops would assist vendors in understanding bonding and financing requirements, help pair contractors with institutions, and informed contractors of City goals.

Mayor Taylor opened public comments.

Kathi Reed, President of the Chamber of Commerce, said the Chamber has been in support of the Civic Center project since 2004. The City and the Chamber had been working together to maintain and increase the viability of downtown businesses while the new Civic Center was under construction. The Chamber was interested in working closely with the City on a local preference program. She requested the program not be so restrictive that it increased the overall costs and length of construction for the Civic Center. Interest rates were attractive and construction bids were lower than in the past and she felt the rates would increase over time. Delaying construction could be very costly. Should the Council decide to appoint an ad hot committee, the Chamber would be interested in having a position on the committee.

Jessie Garcia said he was a carpenter with the union and was in favor of the local preference program due to the commute.

Dustin Boehme said he was in favor of the local preference program.

Manny Flores said the Civic Center was a wonderful project and he was in favor of the local preference hiring and believed the program would work.

Mayor Taylor closed public comments.

Council Member Richey said he was in favor of the Local Preference Program, forming an ad hoc committee, and he volunteered to be on the committee.


Council Member Stonebarger said he was in favor of the Local Preference Program and in favor or forming an ad hoc committee.

Vice Mayor Brockman said he was in favor of pursuing the Local Preference Program and ad hoc committee.

Mayor Taylor said he was in support of the Local Preference Program.

Motion: Continue further research on the Local Preference Program and form an Ad Hoc Committee to work with staff and consultant.
Moved by Richey, seconded by Becnel.

Council Members Richey and Stonebarger were appointed to the Ad Hoc Committee.

Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

16. 2) Provide direction to staff regarding temporary space for the Interim Library. (K. Chew/G. Leech)

City Manager, Donna Landeros, announced that this was the second item the Council had given direction on at the May 13, 2008, City Council meeting, which was to explore options to move the Library in one step from its current location to the City Hall Annex.

Kerry Bostheart, LPA, presented a cost analysis and schedule of the Library at the City Hall Annex, 104 Oak Street and said should Council have a decision to move forward, the team would begin design, plan checks and permitting. There was the possibility of the Library being closed for one to two months, depending on the Civic Center project and releasing it to bid. The budget was at $1,406,000 and LPA was working to ascertain what some of the unknowns were. He spoke about the scope of the project and advantages and disadvantages of the location.

Jim Wyrick, LPA, clarified that after phase I was built, the Civic Center was built and the occupants of the western portion of Oak Street moved into the new Civic Center, the the entire building could be completed with Council approval.

Mayor Taylor requested public comments.

Barbara Guise said she felt this was a big step forward, the best option, and the least cost.

Leonard Roudman, Librarian, said the Library was happy to move forward with project and stay in the downtown area.


Council Member Stonebarger said he was concerned about starting the Library remodel project in the end of October, beginning of November when the City was ready to bid for the Civic Center project. He felt it was more prudent to wait until the bids came in to see if the bids would be phased or happen before there was a decision made on the demolition or remodeling of the new Library. He asked how much of the $1.4 million could be applied to the final design of the Library.

Mr. Bostheart, LPA, stated the estimate was about 30 to 35 percent of the $1.4 million and there was a large contingency for the unknowns.

Council Member Stonebarger said he liked the option to move the Library to a downtown building that may be vacant. If the City was spending $400,000 that would not be recuperated, he asked to have an analysis to see where improvement costs could fall.

Council Member Richey asked to address the timelines of having the bids and contracts now versus later.

Jim Wyrick said if there was a five month construction schedule for the Library, LPA would ask the subcontractor community to hold their bids on the Civic Center for five or six months before they could begin. The bids would need to be held until the work on the Annex was complete.

Council Member Stonebarger was concerned about closing or not having a Library for a couple of months during demoliton and remodel.

Jim Wyrick, LPA, said that option would require two moves and Council had not been in favor of that option. There would be two moves and one would be for a short duration.

Council Member Richey asked how much of a percentage was the County providing for the improvements to the Library.


City Manager, Donna Landeros, said there were only three cities in the County that housed libraries in County facilities and the rest of the cities, including Brentwood, used city facilities.

Council Member Richey asked what percent of the $1.4 million was the actual construction cost.

Glen Granada, LPA, out of the $1.4 million, costs for construction could be in the range of 60 to 75 percent range due to large contingencies.

Jim Wyrick said the estimate of the 30 percent was an unknown at this time.


Council Member Richey said out of 75 percent of the $1.4 million going to actual construction costs, he had trouble getting behind it.

Vice Mayor Brockman said he had wanted to move forward quickly and now felt the City should consider phasing the project. He spoke about the Library and said 75 percent of the $1.4 million was for construction costs and all the contingencies may not be reached. Phase I of the project was the Senior Center, Summerset Park and a cooperative agreement with the high school for the gym and financial commitments. Phase II was the Library relocation and he felt Phase III was the Library itself. There was an opportunity to add another phase, which was to move the Library, and provide nine months before going out to bid. There would be time to finish the documents and plans on the Center as a whole. He encouraged moving the Library to one spot, one time. Construction could begin in three to five months across the street. He was in favor of continuing with the Library and construction drawings and the project could go to bid. He felt a bond may be necessary and since there were other commitments to pay for, the bond should be set aside for the project. Until the City went out to bid, there did not have to be a decision made and the City could reject a bid and re-bid in six months to one year. The City could have the time to determine the process of local preference. He suggested continuing to move forward and felt this was Phase III, the next Phase was continuing with the documents, and the next Phase was going to bid. This would allow the City time to study the process of local preference.

Mayor Taylor expressed concerns about the economy and said the City should be a financially conservative City. The City needed good infrastructure for businesses, residences, schools, streetscapes, parking facilities and the City Park. He spoke about quality services for the community, such as the Police Department and Code Enforcement and felt a balance of infrastructure and services was needed. He was in support of the Civic Center project and improvements downtown. He held the same position as he did at the Council meeting of May 13, 2008, to have the Library moved only once downtown, which would save money and time. The economy will dictate when the Civic Center would come and he felt moving the Library once was the next step in right direction.

Motion: pursue the Library move to the Oak Street Annex (104 Oak Street) and to continue to move forward and complete the drawings and documents already authorized for the Civic Center Project, and go to bid after that project was completed and the Library moved.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 3-2.
Yes: Becnel; Brockman; Taylor
No: Richey; Stonebarger

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

Mayor Taylor spoke about his contact with Alameda County Supervisor, Scott Haggerty, regarding Vasco Road and he announced Contra Costa Supervisor, Mary Piepho, was re-elected.

Vice Mayor Brockman said the Agricultural Enterprise Committee had been working with people who were wanting to get easements on their properties.

REQUEST FOR FUTURE AGENDA ITEMS (08:30 PM)

Council Member Stonebarger explained his request regarding Police Department staffing levels.

Vice Mayor Brockman asked for the history on Police Department staffing levels.

Mayor Taylor was in favor of a history on staffing levels.

NEW REQUESTS - None (08:31 PM)

ADJOURNMENT (08:31 PM)

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

Respectfully submitted,

Cynthia Garcia, CMC
Assistant City Clerk