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CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
Minutes of July 9, 2002

A regular meeting of the City Council of the City of Brentwood was called to order at 7:15 p.m. in the Council Chambers located at 734 Third Street, with Mayor McPoland presiding.

ROLL CALL
Present: Councilmembers Beckstrand, Hill, Petrovich, Mayor McPoland
Absent: Councilmember Gomes

CLOSED SESSION
Potential Litigation pursuant to Government Code §54956.9(b) – one case

The meeting adjourned to closed session at 7:16 p.m. pursuant to Government Code §54956.9(b) – Potential Litigation – one case

The meeting reconvened in open session at 7:30 p.m. with no action to report.

PRESENTATIONS

A. New Employee Introductions - The following new employees were introduced and administered the Oath of Allegiance:

  • James Wierbick, Accountant
  • David Stoops, Wastewater Operations/Maintenance Coordinator

AGENDA REVIEW

CONSENT CALENDAR

Item 9 Amended contract.

PUBLIC HEARINGS

Item 12 Pulled due to the filing of an appeal.

Item 14 Pulled per staff request.

Item 16 Move item directly after Item No.11 to allow for the tabulation of ballots.

NEW BUSINESS

Item 18 Pulled per staff request.

Motion to add Item 19 to the agenda on the basis that the item came to the attention of staff after the agenda was posted. (Gov’t Code 54956.5)

Item 19 Consideration of a special meeting date to hear all appeals concerning Planning Commission approval of Tentative Subdivision Map No. 8515 and Certification of FEIR, Adoption of Mitigation Monitoring and Reporting Plan and Adoption of Statement of Overriding Considerations for the Arcadia Mixed Use Planned Development. (J. Stevenson)

It was moved/seconded by Beckstrand/Hill to add Item 19 to the agenda as recommended by staff. Motion carried with Councilmember Gomes absent.

CITIZEN COMMENTS - None

CONSENT CALENDAR

1. Approve Minutes of June 17, 2002 & June 25, 2002. Pulled for further discussion.

2. Approve a Resolution accepting Heritage Park and Trail improvements constructed in conjunction with Subdivisions 8069 and 8225 as per agreement with Morrison Homes, Inc. and direct the City Clerk to file a Notice of Completion with the County Recorder.. Pulled for further discussion.

3. Approve Resolution No. 2607 approving an agreement for purchase of a fee parcel with Lloyd R. Clingman and Karen S. Clingman husband and wife as joint tenants, for a portion of real property identified as APN 018-190-012, generally located on the north side of Sunset Road and East Bay Municipal Utility District Aqueduct (EBMUD), east of Marsh Creek Flood Control Channel, 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.

4. Approve Resolution No. 2608 approving the purchase of two Grant of Easements with East Bay Municipal Utility District (EBMUD), for a portion of real property identified as APN 016-200-002 & 003, generally located on the north side of Sunset Road and east of Highway 4 (Brentwood Boulevard) across from Grant Street, 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 Grant of Easements and such other documents as may be needed to complete the transaction, including acceptance of the Grant of Easement.

5. Approve Resolution No. 2609 approving an agreement for purchase of a fee parcel with Lorraine C. Hart for a portion of real property identified as APN 019-050-034, generally located on the south side of Lone Tree Way between Empire Avenue and Windy Springs Lane for the Northwest Quadrant Project, CIP Project No. 336-3127.

6. Approve Resolution No. 2610 to execute contract amendments for Professional Design and Service Agreements for the Northwest Quadrant Project, CIP Project No. 336-3127, and approve a change order not to exceed $50,000 with Cordoba Consulting, Inc., to incorporate management and coordination assistance for the Lone Tree Way – Union Pacific Under crossing Project, CIP Project No. 336-3134.

7. Approve a Resolution authorizing the City Manager to award a Professional Services Contract to Gray Bowen and Company, Inc. for transportation related assistance including the transfer and relinquishment process, Vasco Road safety and strategic planning. Pulled for further discussion.

8. Approve Resolution No. 2611 authorizing the Mayor and City Staff to execute the First Amendment to the Joint Powers Agreement, between the State Route 4 Bypass Authority and the City of Brentwood to include the Lone Tree Way Improvements.

9. Approve Resolution No. 2612 awarding the construction contract for the 2001/2002 Pavement Management Program, CIP Project No. 336-3083 (01/02). to Antioch Paving Company, Inc; authorizing the City Manager to execute the agreement and necessary documents in the amount of $307,449.64; and granting the City Manager authority to execute change orders up to 10% of the contract amount.

10. Reject construction bids for Sunset Industrial Complex, CIP Project No. 336-3128, and authorize staff to re-advertise the project for bid and return to Council for award of the construction contract.

11. Waive the second reading and adopt Ordinance 709 which rezones approximately 133.1 acres from R-1, R-2, and R-1-E to Planned Development Fifty Nine (PD-59) and adds Chapter 17.521 to the City Municipal Code providing development standards for Vesting Tentative Subdivision Map #8561.

It was moved/seconded by Petrovich/Hill to approve Consent Calendar Item Nos. 3-6 and 9-11 as recommended by staff. Motion carried with Councilmember Gomes absent.

Item 1 Approve Minutes of June 17, 2002 and June 25, 2002.

It was moved/seconded by Petrovich/Beckstrand to approve the minutes of June 17, 2002 as submitted. Motion passed with Councilmember Gomes absent.

It was moved/seconded by Petrovich/Hill to approve the Minutes of June 25, 2002 as submitted. Motion carried with Councilmember Gomes absent and Councilmember Beckstrand abstaining.

Item 2 Approve a Resolution accepting Heritage Park and Trail improvements constructed in conjunction with Subdivisions 8069 and 8225 as per agreement with Morrison Homes, Inc. and direct the City Clerk to file a Notice of Completion with the County Recorder.

Mayor McPoland commented that this park has been two years in development. He thanked City staff for their efforts in working directly with the developer’s landscape contractor to insure all park improvements have been completed and the park is ready to open 30 days early.

It was moved/seconded by McPoland/Hill to approve Resolution No. 2506 accepting Heritage Park and Trail improvements constructed in conjunction with Subdivisions with Subdivisions 8069 and 8225 as per agreement with Morrison Homes, Inc. and direct the City Clerk to file a Notice of Completion with the County Recorder. Motion passed by the following vote:

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

Item 7 Approve a Resolution authorizing the City Manager to award a Professional Services Contract to Gray Bowen and Company, Inc. for transportation related assistance including the transfer and relinquishment process, Vasco Road safety and strategic planning.

Councilmember Petrovich asked if this was necessary.

Bailey Grewal, City Engineer, responded that we need to use the services of a third party transportation expert for negotiations with any regional issues such as Vasco Road and Highway 4 Bypass. Gray Bowen and Company will be preparing project study goals, attending meetings, preparing the technical plans and cost estimates. The contract is for two years.

Councilmember Hill asked if action on this item was critical or if it could be continued for two weeks so Councilmember Gomes could be present.

Mr. Grewal responded that a continuation would be fine.

It was moved/seconded by Hill/Petrovich to continue Item 7, approving a Resolution authorizing the City Manager to award a Professional Services Contract to Gray Bowen and Company, Inc. for transportation related assistance including the transfer and relinquishment process, Vasco Road safety and strategic planning to July 23, 2002. Motion carried with Councilmember Gomes absent.

PUBLIC HEARINGS

16. Approve a Resolution approving the Final Engineer’s Reports, and confirming the annexations and new formations within the Consolidated Landscape & Lighting Districts and the Citywide Park Maintenance District No. 98-1 to levy assessments for fiscal year 2002/03. Pulled per agenda review

Jennifer White, representing Francisco & Associates gave a brief overview of the item.

The Public Hearing was opened.

Jim Davis, representing Arco, requested that Council reevaluate the assessment amounts as their projects were very expensive and the high assessments will make it difficult for Arco to realize a profit.

Mayor McPoland commented that he finds it very disconcerting that Arco would ask for financial relief after staff has done a tremendous amount of work helping Arco complete their projects in a timely manner. He further commented that the assessments are well within in the guidelines that are directed by the state. Our evaluation process is quite extensive and we have to meet the guidelines of the 218 ballot measure. We take the assessments very seriously and the citizen’s of Brentwood deserve fine parks, trails and greenery and the assessments are a part of doing business in Brentwood.

Mr. Davis responded that he in no way meant to disparage the staff or the fine work they have done and he retracted his request for a reduction.

Councilmember Petrovich asked Mr. Davis if he was aware that he is entitled to a credit for the difference in cost if the actual cost of maintenance is not as great as the assessed amount. If the cost of maintenance goes over the assessed amount, he is not responsible for paying the additional cost.

Mr. Davis responded to the affirmative.

There being no one else wishing to speak, the Public Hearing was closed.

Mayor McPoland requested ballots from the audience and directed Jennifer White and Debra Galey, Permits Technician, to tabulate the ballots.

Ms. White reported that we received 100% approval of all the ballots returned therefore we received the median majority approval to form the seven new districts, increase the existing district and the four annexations.

RESOLUTION NO. 2614

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD CONFIRMING THE ASSESSMENT DIAGRAM AND ASSESSMENT ROLL AND AUTHORIZING THE LEVY OF ASSESSMENTS FOR FISCAL YEAR 2002/03 FOR THE CONSOLIDATED LANDSCAPE & LIGHTING ASSESSMENT DISTRICTS AND THE CITYWIDE PARK MAINTENANCE DISTRICT NO. 98-1 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218

It was moved/seconded by Hill/Beckstrand to approve Resolution No. 2614 confirming the assessment diagram and assessment roll and authorizing the levy of assessments for Fiscal Year 2002/03 for the Consolidated Landscape & Lighting Assessment Districts and the Citywide Park Maintenance District No. 98-1 pursuant to the Landscaping and Lighting Act of 1972 and Proposition 218 as recommended by staff. Motion carried with the following vote:

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

12. Consideration of an Ordinance approving an amendment to Planned Development (PD) 51 to create Development Standards for the Arcadia Mixed Use Project and an Ordinance approving the Development Agreement between the City of Brentwood and Arcadia Development. Pulled per Agenda Review.

13. Consideration of an Ordinance approving an amendment to Planned Development (PD) 56 to create development standards for Sunset Industrial Park.

Jeff Zilm, Associate Planner, explained that this item is continued from the meeting of June 25, 2002 where staff was directed to take the development standards back to the Economic Development Subcommittee to further review. The Economic Development Subcommittee has reviewed the standards and has no additions or changes.

The Public Hearing was opened. There being no one wishing to speak, the Public Hearing was closed.

ORDINANCE NO. 710

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT NO. 56 BY ADDING DEVELOPMENT STANDARDS FOR THE SUNSET INDUSTRIAL PARK, LOCATED EAST OF BRENTWOOD BOULEVARD, WEST OF SELLERS AVENUE AND NORTH OF SUNSET ROAD.

It was moved/seconded by Petrovich/Hill that the first reading of Ordinance No. 710 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

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

14. Public Hearing for consideration of a Resolution confirming the existence of a Public nuisance by reason of keeping noxious weeds, creating a potential fire hazard, and authorizing staff to contract for abatement of parcels in noncompliance, 14 days from the date of this hearing. Pulled per Agenda Review.

15. Approve a Resolution certifying and adopting the Mitigated Negative Declaration for the Lone Tree Way Widening Project (a portion of the Northwest Quadrant), CIP Project No. 336-3127.

Bailey Grewal, City Engineer, explained that as part of the standard environmental process, staff obtained the services of EIP Associates to prepare a Mitigated Negative Declaration for a portion of the Lone Tree Widening Project (Jeffrey Way to Fairview Avenue). A notice was published in the Contra Costa Times to allow public review and comment and the environmental document was distributed for agency review and comment as well. The review period is now complete and staff has received no negative comments regarding the project.

Mayor McPoland expressed concern over the inconvenience to citizens while construction was going on and directed Mr. Grewal to look at ways to minimize the impact on neighborhoods.

The Public Hearing was opened.

Karen Rogge expressed concern that Windy Springs will be the only road without a traffic signal onto Lone Tree giving them only a right-in and right-out. It will be very inconvenient when the center divider is installed. The Windy Springs property owners requested that no center median be installed until another access road is constructed or Lone Tree Way is wide enough to make a u-turn. She also requested 24 hour access to Lone Tree Way while construction is going on. Ms. Rogge also requested a 72 hour notification if power is to be shut off during construction. The Windy Springs residents are all on wells and if they have no electricity they will have no water. Ms. Rogge proposed creating an educational historical village on the site of the Nobriga home.

Lillian Navarette expressed concern with construction interrupting access to her business and access in and out of her home. Ms. Navarette asked Council to consider putting signs up to let people know the businesses are open.

Bailey Grewal responded that the roads will be open with an occasional closing for an hour or two at a time.

John Stevenson commented that signs will be placed on the roads as well as advertising in the paper.

Bill Gates, representing Top Grade Construction, expressed his disappointment with the Sunset Industrial Park bid opening on June 26, 2002. Mr. Gates stated that he felt City staff did not treat him in a fair and equitable manner. Mr. Gates stated that he received notification from staff that his bid had been rejected because it required two signatures and had only one. He further stated that he spent approximately $30,000 preparing his bid and asked Council and staff to make required information more obvious to the bidders so that information is not inadvertently left out.

There being no one wishing to speak, the Public Hearing was closed.

RESOLUTION NO. 2613

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD CERTIFYING AND ADOPTING THE MITIGATED NEGATIVE DECLARATION FOR THE LONE TREE WAY WIDENING PROJECT, CIP PROJECT NO. 336-3127.

It was moved/seconded by Beckstrand/Petrovich to approve Resolution No. 2613 certifying and adopting the Mitigated Negative Declaration for the Lone Tree Way Widening Project, CIP project No. 336-3127 as recommended by staff. The motion passed by the following vote:

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

The Council recessed to a break at 8:30 p.m. The meeting was called back to order at 8:40 p.m.

NEW BUSINESS

17. Discussion on the concept of a Regional Youth Center benefiting the East County communities of Oakley, Antioch, Brentwood, Knightsen, Bethel Island, and Discovery Bay, and consideration of support towards the development of a collaborative grant application to seek funding for the project.

John Stevenson, City Manager, explained that this item has come to the City from Senator Tom Torlakson.

Mayor McPoland commented that he has been meeting with Senator Torlakson for the past one and half years regarding the concept of a youth center to benefit East County.

Senator Tom Torlakson addressed Council complimenting the City of Brentwood for its P.A.L. program and the sports facilities around the community. He further commented that many of the unique facilities are located in Central County as opposed to East County. He is proposing a youth center of approximately 30,000 sq. ft. that could accommodate approximately. 500 youth per week with a homework center and after school programs such as boxing wrestling, karate, and gymnastics similar to the youth center currently running in Concord. The youth center would include the surrounding communities of Oakley, Antioch, Discovery Bay and Byron. Senator Torlakson is seeking a donation of land from the City of Brentwood as well as funding for continuing maintenance. There are grant funds available under Proposition 40 which could be collaboratively applied for by the communities involved.

Councilmember Beckstrand asked if he had met with the cities of Oakley and Antioch yet to discuss their long-term commitment in maintaining the operation of the facility.

Senator Torlakson noted that the center in Concord runs about $300,000 per year for operations. Oakley and Antioch think it’s a great idea and have taken Council action to meet to explore getting grants and funding however, they want to wait to see how many of their youth will be using the center before they commit maintenance and operations funds. The City of Brentwood is already spending a substantial amount of money on the P.A.L. program, with that and an endowment fund and some fund raising we could make that $300,000 budget.

Councilmember Beckstrand commented that the cities of Antioch and Oakley are not willing to commit until they see what happens and even if they do, there is no guarantee how long they will continue supporting the facility. She then stated that if this building is going to exist within the boundaries of Brentwood forever she would like to see an MOU that lasts forever.

Senator Torlakson responded that Councilmember Beckstrand has a very legitimate point and that it is the same point he has and the same point that Mr. Ken Hoffman would have if he is going to put up $3 million dollars to build a facility like this because he would like to see it maintained and utilized.

Councilmember Hill asked if the other cities were considering themselves active partners in the project or just being asked to help maintain the facility. For example, the gift of land will be approximately $1 million to $1.5 million dollars, are any of the neighboring cities willing to give any money towards that.

Senator Torlakson reiterated that the general feeling is that if the facility were located within their city boundaries, they would be much more willing to dedicate funds towards the project but felt this was still up for discussion.

Councilmember Hill concurred with Councilmember Beckstrand’s comments that being the host city has impacts on our services that are not necessarily attributable to a line item on the budget. He added that he is willing to further explore it but is cautiously optimistic that an agreement might be reached.

Councilmember Petrovich commented that he would like to see a youth center in Brentwood. The land will be expensive but he would like to explore the idea and try to find a way to get it.

Mayor McPoland stated that he feels a youth center is a wonderful concept and thinks there are lands that are available, not on Lone Tree corridor, but in other locations in the City accessible by bus routes.

Councilmember Beckstrand commented that we do have a triangular piece of land on Empire that boarders all three cities that is just over 2.0 acres. If we bring eBart to Brentwood, we could possibly bring our discussion as far as Pittsburg.

Council directed staff to look into the concept of a regional youth center and have discussions with the surrounding cities regarding their participation.

18. Approve a Resolution authorizing staff to temporarily close Chestnut Street from Sellars Avenue to Garin Parkway from July 15, 2002 until August 16, 2002 for the construction of utilities including a non-potable water line and Storm Drain Line A. Pulled per Agenda Review.

19. Consideration of a special meeting date to hear all appeals concerning Planning Commission approval of Tentative Subdivision Map No. 8515 and Certification of FEIR, Adoption of Mitigation Monitoring and Reporting Plan and Adoption of Statement of Overriding Considerations for the Arcadia Mixed Use Planned Development.

After Council discussion it was moved/seconded by Hill/Petrovich to set a special meeting date for Monday, August 5, 2002 at 6:00 p.m. Motion carried with Councilmember Gomes absent.


CITIZEN COMMENTS - None

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS - None

REQUESTS FOR FUTURE AGENDA ITEMS - None

There being no further business, the meeting was adjourned at 9:05 p.m.

Respectfully Submitted,

Cynthia Goulding
Deputy City Clerk

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov