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CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
Minutes of July 23, 2002

A regular meeting of the City Council of the City of Brentwood was called to order at 7:00 p.m. in the Council Chambers located at 734 Third Street, with Mayor McPoland presiding.
ROLL CALL
Present: Councilmembers Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland 
Absent: None
CLOSED SESSION 
The meeting adjourned to closed session at 7:00 p.m. pursuant to Government Code §54956.9(b) – Potential Litigation – one case

AGENDA REVIEW
Item 9 Amended Contract. (B. Grewal/P. Eldredge)

The meeting reconvened in open session at 7:00 p.m. with no action to report.
Closed Session adjourned at 7:20 p.m.

CITIZEN COMMENTS

Steve Colvin, Brentwood resident, expressed concern over events that occurred during the annual Cornfest celebration. Mr. Colvin stated that the Cornfest reached maximum capacity early Saturday evening and many Brentwood residents who tried to attend the fireworks event were turned away at the gate. He urged Council to consider a different location for the event next year.

Barbara Guise representing Tri-Delta Transit, reported that the shuttle bus transported 1,490 people to and from the Cornfest exceeding last year’s total. 

Councilmember Petrovich announced that the Wheelchair Foundation will be hosting a luncheon with Ed McMahon at Bunker’s Grille on August 19, 2002 at 1:00 p.m. Donations are $75.00.

Mayor McPoland expressed concern, as a citizen of Brentwood, that petitions are being circulated that disseminate misinformation about the Rose Garden Project. 

Karen Rogge, resident, concurred with Mayor McPoland’s comments and recounted her experience with the petitioners.

Regarding the petitioners, Councilmember Petrovich commented that the address reflected on the flier is the office of the AFLCIO. He further stated that this is not a legal or binding petition as no Notice of Intent to circulate an initiative has been filed in the office of the City Clerk.

CONSENT CALENDAR

1. Approve Minutes of July 9, 2002. Pulled for further discussion.

2. Waive second reading and adopt Ordinance No. 710 approving an amendment to Planned Development No. 56 (PD-56) to create development standards for the Sunset Industrial Park, located north of Sunset Road, west of Sellers Avenue and east of Brentwood Boulevard. 

3. Approve a Resolution establishing the commencement time of 7:00 p.m. for regular City Council meetings. Pulled for further discussion.

4. Approve Resolution No. 2615 authorizing the City Manager to execute an agreement between Contra Costa County, Ironhouse Sanitary District, The Cities of Antioch, Brentwood and Pittsburg and Delta Diablo Sanitation District for Household Hazardous Waste Collection Services. 

5. Approve Resolution No. 2616 establishing compensation and classification descriptions for Electrician and Wastewater Laboratory Technician. 

6. Approve Resolution No. 2617 to establish the Webmaster classification description and compensation in order to extend the Information Systems classification series. 

7. Approve Resolution No. 2618 amending the list of survey agencies used by the City of Brentwood to establish the Compensation Plan and authorize the use of funds up to $50,000 for a full classification and compensation study to occur in the Fall of 2004.

8. Approve Resolution No. 2619 authorizing the City Manager to execute Purchase Orders or Contracts for the not-to-exceed dollar amounts for various vendors. 

9. Approve Resolution No. 2620 awarding the construction contract for the Sunset Industrial Complex, CIP Project No. 336-3128, and authorize the City Manager to execute the agreement and necessary documents, which includes two bid alternates, and grant the City Manager authority to execute change orders up to 10% of the contract amount. 

10. Approve Resolution No. 2621 approving the Final Map of Subdivision No. 8180, Paradise Cove, Fahmy, located south of Balfour Road and east of Brentwood Boulevard, accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same.

11. Approve a Resolution authorizing the City Manager to award a contract to Gray Bowen and Company, Inc. not to exceed $65,000 for transportation related assistance including the Route 4 transfer and relinquishment process, Vasco Road safety and strategic planning. Pulled for further discussion.

12. Approve Resolution No. 2622 authorizing staff to temporarily close Chestnut Street from Sellers Avenue to Garin Parkway for 35 calendar days for the construction of utilities including a non-potable water line and Storm Drain Line A. 

13. Approve Resolution No. 2623 approving the Final Map of Subdivision No. 8425, Garin Ranch, Signature Properties, located south of Chestnut Street and west of Garin Parkway, accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same. 

14. Approve Resolution No. 2624 approving an agreement for purchase of fee parcels with East Contra Costa Irrigation District (ECCID), for real property identified as APN 018-200-003, 018-200-004, 018-200-005, 018-210-001 and 018-210-002, generally located on the north side of Sunset Road and adjacent to Sunset Industrial Complex Project, CIP Project No. 336-3128, Sunset Park Master Plan and Expansion Project, CIP Project No. 522-5201, and the Solid Waste Transfer Station Improvements Project, CIP Project No. 542-5401, 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.

15. Approve Resolution No. 2625 authorizing the City Manager to award a contract for the construction of Sand Creek Road East, CIP Project No. 336-3061, from Minnesota Avenue to just west of Brentwood Boulevard, authorizing the City Manager to execute change orders not to exceed 10 percent of the contract amount. 

16. Approve Resolution No. 2626 approving the following actions: (1) an agreement for purchase of a fee parcel (property exchange) with Jim J. Moita and Julie F. Moita, trustees of The Jim and Julie Moita Trust Dated December 13, 1998, for a portion of real property identified as APN 019-010-028, generally located on the north side of Lone Tree Way adjacent to the railroad tracks and the intersection of the existing Fairview Avenue, 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 purchase agreement, including the document entitled “Temporary Easement and Agreement”, and such other documents as may be needed to complete the transaction including acceptance of the Deed, the document entitled “Temporary Easement and Agreement”; (2) authorize the Mayor or City Manager and City Clerk or any of their designees to execute a Grant Deed, and such other documents as may be needed to complete the transaction to convey the City owned property identified as a portion of APN 019-010-022 & 027 (property exchange) from the City of Brentwood to JMI Properties Corporation, a California corporation described in said purchase agreement. 

17. Authorize the City Manager to execute a contract change order to the existing professional services agreement (P.O. No. 3837) with Kinley & Associates for an additional $50,000 for continuing assistance with the AT&T cable franchise renewal process and the CybAirCorp draft cable franchise application. 

It was moved/seconded by / to approve Consent Calendar Items 2, 4-10, 12-17 as recommended by staff. Motion passed unanimously.

Item 1 Approve Minutes of July 9, 2002.

It was moved/seconded by Hill/Beckstrand to approve the minutes of July 9, 2002 as recommended by staff. Motion passed with Councilmember Gomes abstaining.

Item 3 Approve a Resolution establishing the commencement time of 7:00 p.m. for regular City Council meetings. 

After some discussion it was decided that it would be too difficult for citizen’s who commute to attend Council meetings at an earlier time.

It was moved/seconded by Hill/Petrovich to deny the request to establish the commencement time of 7:00 p.m. for regular City Council meetings and retain the 7:30 p.m. start time. Motion carried unanimously.

Item 9 Approve a Resolution awarding the construction contract for the Sunset Industrial Complex, CIP Project No. 336-3128, and authorize the City Manager to execute the agreement and necessary documents, which includes two bid alternates, and grant the City Manager authority to execute change orders up to 10% of the contract amount. 

Bailey Grewal, City Engineer, explained that the original bids for the Sunset Industrial Complex were rejected. The project was re-bid and A. Teichert Construction was the lowest bidder. Staff is recommending that Council award the contract to A. Teichert Construction.

It was moved/seconded by Hill/Gomes to award the construction contract for the Sunset Industrial Complex, CIP Project No. 336-3128, to A. Teichert Construction and authorize the City Manager to execute the agreement and necessary documents in the amount of $3,163,451.50, which includes two bid alternates and grant the City Manager authority to execute change orders up to 10% of the contract amount.

Item 11 Approve Resolution No. 2627 authorizing the City Manager to award a contract to Gray Bowen and Company, Inc. not to exceed $65,000 for transportation related assistance including the Route 4 transfer and relinquishment process, Vasco Road safety and strategic planning. 

Councilmember Gomes recommended that Council approve the item stating that the Gray Bowen and Company will be very instrumental in negotiating the change of ownership of Highway 4 from Caltrans to the City of Brentwood as well as working with us to negotiate an agreement between Contra Costa County, Alameda County, state funds in trying to put together a package for Vasco Road Improvements.

It was moved/seconded by Gomes/Petrovich to approve Resolution No. 2627 authorizing the City Manager to award a contract to Gray Bowen and Company, Inc. not to exceed $65,000 for transportation related assistance including the Route 4 transfer and relinquishment process, Vasco Road safety and strategic planning. 

PUBLIC HEARINGS

18. Invitation for public ascertainment and community needs assessment for reviewing the cable television franchise held by AT&T Broadband.

Dennis Beougher, City Attorney, explained that the Public Hearing is to solicit public opinion with regard to the Cable Franchise.

The Public Hearing was opened.

Mike Dryden, Discovery Bay resident, addressed Council regarding the lack of service provided by AT&T and he discussed PBS Broadcasting and requested that Council look into the option of AT&T carrying KBYU.

Councilmember Beckstrand commented that KBYU TV is contracted with AT&T in Utah and might be a possibility for Brentwood.

Harriett Heiss, Brentwood resident, spoke against AT&T citing reasons such as disparity in services provided compared to surrounding areas.

Steve Colvin, Brentwood resident, voiced his opinion against AT&T stating that he felt their deficiencies in both customer service and services provided was due to a lack of competition.

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

Councilmember Hill commented that he felt he would like to see the City require performance parameters from its cable franchise commenting that the level of customer service at AT&T is not good.

Councilmember Beckstrand commented that both issues, customer service and services available are specifically addressed in the cable ordinance which was recently placed before Council.

Mayor McPoland asked how we will enforce the requirements.

Councilmember Petrovich responded that he felt that AT&T, which will soon be Comcast, will not change and the only solution to the problem is competition for AT&T. 

19. Introduce and waive the first reading of an Ordinance adding a new subsection (C) to Brentwood Municipal Code section 1.08.040; Administrative Citation. 

Randy Kidwell, Chief Building Official, spoke briefly about the Administrative Citation Program which requires that 72 hour written notice be provided prior to the issuance of any Administrative Citation. Code Enforcement staff has found that it would be beneficial if Administrative Citations could be issued immediately for those violations that create an immediate danger to health and/or safety. 

The Public Hearing was opened.

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

ORDINANCE NO. 711

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING SECTION 1.08.040 OF THE MUNICIPAL CODE PERTAINING TO ADMINISTRATIVE CITATIONS WHEN THE VIOLATION CREATES AN IMMEDIATE DANGER TO HEALTH OR SAFETY.

It was moved/seconded by Hill/Gomes that the first reading of Ordinance No. 711 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote: 

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

20. Approve a Resolution approving the revision of the development fees to fund public facilities (City of Brentwood 2002/03 Development Fee Program), repealing Exhibit A (2002/03 City of Brentwood Development Fee Program) of Resolution Nos. 2220 and 2202 and amending Resolution No. 2366 to revise the Master Fee Program.

Bailey Grewal, City Engineer, explained that he General Plan has a policy that requires an annual re-evaluation of the City of Brentwood Development Fee Program to accurately reflect any changes since the previous update. This annual review ensures that new development pays for its fair share of the infrastructure that is required as a result of development, and that the development fees established by the City of Brentwood are fair and equitable and in conformance with Statutory Requirements.

The Public Hearing was opened.

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

RESOLUTION NO. 2628

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD REVISING DEVELOPMENT FEES TO FUND PUBLIC FACILITIES AND REPEALING EXHIBIT A (CITY OF BRENTWOOD DEVELOPMENT FEE PROGRAM) OF RESOLUTION NO. 2220 AND RESOLUTION NO. 2202 AND AMENDING RESOLUTION NO. 2366 TO REVISE THE MASTER FEE PROGRAM

It was moved/seconded by Gomes/Petrovich to approve Resolution No. 2628 to revise development fees to fund public facilities and repeal Exhibit A (City of Brentwood Development Fee Program) of Resolution No. 2220 and Resolution No. 2202 and amending Resolution No. 2366 to Revise the Master Fee Program. The motion carried by the following vote:

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

21. Consideration of an Ordinance to rezone an approximate 0.91 acre site from R-3 to PD-50 and creating development standards for Planned Development No. 50 for property located at the northwest corner of Sycamore Avenue and Barbara Street (APN 016-150-002).

Debbie Hill, Assistant Planner, introduced the item requesting a rezone of a 0.91 acre site from R-3 (High Density Residential) to PD-50 (Planned Development 50) and adding development standards for PD-50. Ms. Hill commented that the property has been purchased by the City of Brentwood's Redevelopment Agency in order to alleviate a nuisance problem with trash and accumulated debris. The lot has been cleaned up and is now in the process of being sold to the developer, Robert Sherdel. Mr. Sherdel would like to develop a single family residential project at this site and is requesting a rezone of the property and the adoption of development standards in order to move forward with his project. 

The Public Hearing was opened.

Guy Kelly, Brentwood resident, stated that he owns property adjacent to the proposed development and expressed concern with the design of the subdivision citing issues with accessibility to the property by both homeowners and emergency services. He further requested that Council resurvey the land because he feels that the property line is not in the right place. He concluded that he is not against the development however he is not in favor of the current design.

Councilmember Petrovich asked Mr. Kelly to explain why he thought the property line adjacent to him is incorrect.

Mr. Kelly responded that his house was built five feet from the property line and when he laid out his fence line he purposely came back into his property two feet. The applicant is proposing a different location for the property line which is only two feet from the house and will necessitate the removal of the fence and trees along the property line.

Councilmember Petrovich commented that the City has certain restrictions on setbacks and if it is discovered that the property line is currently in the wrong locations, he would be in favor of Mr. Sherdel giving Mr. Kelly the three feet.

Councilmember Hill concurred.

Robert Sherdel, applicant, comment that he has had the property thoroughly surveyed and the final map will be accurate. He further stated that if the property line is in the wrong place, he will, at that time, have to consider whether or not to give Mr. Kelly the property.

Councilmember Petrovich asked if the property has been surveyed and staked.

Mr. Sherdel responded that the property has been surveyed but not recorded.

John Stevenson, City Manager, suggested that the property be resurveyed tying the house and fence into the survey to see how they correspond. 

Mayor McPoland commented that he would not vote for this and felt it should come back for further discussion.

It was moved/seconded by Gomes/Petrovich that consideration of to rezone an approximate 0.91 acre site from R-3 to PD-50 and creating development standards for Planned Development No. 50 for property located at the northwest corner of Sycamore Avenue and Barbara Street (APN 016-150-002) be continued to August 13, 2002. Motion carried unanimously.

Council recessed to a break at 8:30 p.m. 

Council convened at 8:45 p.m.

NEW BUSINESS

22. Approve a Resolution adopting the July 2002 Final Report from Citygate Associates on Fire Suppression and Emergency Medical Services Master Plan for the City of Brentwood, and authorize the Mayor to send a letter to the Board of Supervisors requesting implementation of the recommendations contained within the Final Report. 

John Stevenson, City Manager, introduced Ron Coleman representing Citygate and Chief Scott Kenley. Mr. Coleman and Mr. Kenley presented an overview of the recently completed Fire Protection Study discussing the following:

• Current Service levels vs. Industry Standards.
• Staffing and Capital Facilities
• Revenue Sources
• AB 8 and SB 154
• Historical Significance
• Alternative Governance Systems
• Alternative Delivery Systems
• Local Area Formation Commission (LAFCO)
• Recommendations

Councilmember Hill commented that he is disappointed in the study’s lack of information regarding the costs associated with different levels of service and felt that the study did not come to a concise solution for the City of Brentwood.

Councilmember Gomes stated that 3-1/2 years ago he contacted the League of California Cities to explore the legalities involved in setting up our own fire services. We are going through a continuous process improving our level of service. Councilmember Gomes further stated that he felt it was not fiscally possible to support a fire department with a population of less than 100,000

Councilmember Hill stated that he felt we contracted with Citygate to bring us range of the levels of service and the costs associated with those.

Councilmember Petrovich commented that he felt the report was very well done but concurred with Councilmember Hill’s statement regarding the lack of information on the costs associated with the various levels of service. 

Councilmember Beckstrand agreed that Citygate needs to provide the City with the requested information but Council should authorize the Mayor to send the letter to the Board of Supervisors.

After some discussion it was moved/seconded by Beckstrand/Petrovich to deny the Resolution adopting the July 2002 final report from Citygate Associates on Fire Suppression and Emergency Medical Services Master Plan for the City of Brentwood until Citygate can provide additional information as requested and authorize the Mayor to send a letter to the Board of Supervisors requesting implementation of the recommendations contained within the final report. The motion carried with Councilmember Hill voting no

Mr. Coleman asked for a clarification on the operating assumptions Council would like to impose on the calculations Council have requested. 

Councilmember Beckstrand commented that we want to see figures with competitive salaries. We do not want to be a training ground for firefighters.

Councilmember Gomes concurred. 

Mayor McPoland pointed out that we want to retain our trained firefighters.

John Stevenson, City Manager, stated that the salary/benefit ranges should be comparable with the County.

Mr. Coleman suggested that Citygate include the requested information as an appendix to the original report since it would not change any of their original findings.

Councilmember Gomes commented that he felt the voter should choose the level of service they would like. We need to give them a choice of an expensive option and a less costly option with fewer services.

Councilmember Beckstrand concurred with Councilmember Gomes stating that we should provide a range of options with a corresponding range of costs.

23. Direct City Manager to negotiate a contract to purchase the Mendoza and Moita properties at the northwest corner of Lone Tree Way and the future Fairview Avenue extension.

Gina Rozenski, Redevelopment Analyst, explained that the City is currently in negotiation for the Mendoza and Moita parcels located at the Northwest Corner of Lone Tree Way and the future Fairview Avenue extension. The remaining Mendoza land has little potential for development as an isolated parcel. The City must acquire the frontage of the Mendoza parcel in order to construct the Lone Tree Way improvements. The City would also have to provide the parcel driveway access from Lone Tree, which is less than desirable from a traffic safety perspective. The best development potential for this area would be to assemble the three subject properties into a single two-acre parcel and market it to an end user. This would lead to the highest and best use of the subject properties and avoid a potential blighting condition of an undeveloped and under utilized properties.

Councilmember Petrovich asked for the Subcommittee’s recommendation. 

Councilmember Hill responded that the committee recommended to move forward with the acquisition.

It was moved/seconded by Petrovich/Gomes to direct the City Manager to negotiate a contract to purchase the Mendoza and Moita properties at the northwest corner of Lone Tree Way and the future Fairview Avenue extension. Motion passed unanimously.

CITIZEN COMMENTS

Cheryl Tapia, resident, thanked Council and staff for their support of her family following the death of her father, Carroll Elkins.

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS 

Mayor McPoland reported that he distributed to Council a letter he received from ABAG concerning Senate Bill 423 that will give planning power over to the MTC. He commented that the cities are strongly objecting. There have been numerous letters sent to legislators to defeat this bill. The MTC have not been responsive to us with regards to roads and street concerns, why would they be responsive to us with regards to planning.

Wade Gomes commented that CCTA voted not to support SB 423. 

Councilmember Beckstrand responded that Tri-Delta Transit is also in opposition to SB 423.


REQUESTS FOR FUTURE AGENDA ITEMS 

Councilmember Gomes requested a report on the advantages of dedicating a Police Officer to commercial vehicle enforcement. Councilmember Gomes added that the City is seeing an increase in the amount of commercial vehicles on our streets and the damage being caused by overweight trucks. The California Highway Patrol would train, for free, an officer of the Brentwood Police Department to be a Commercial Enforcement Officer. The savings potential will pay for this officer very quickly.

Councilmember Petrovich announced that Randy Avon, representing Sister City International, would like to do a presentation for Council in a couple of months. Councilmember Petrovich will speak with Mr. Avon regarding a date.

Councilmember Petrovich requested the December holiday schedule be decided and presented at the next meeting. 

ADJOURNMENT

There being no further business, the meeting was adjourned at 10:10 p.m.



Respectfully Submitted,



Cynthia Goulding
Deputy City Clerk


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