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Current Council Agenda and Past Meeting Information

May 13, 2008
CITY OF BRENTWOOD
CITY COUNCIL/REDEVELOPMENT AGENCY AGENDA
City Council Chamber, 734 Third Street, Brentwood, CA 94513

A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov

CLOSED SESSION
6:00 P.M.

CALL TO ORDER
Roll Call

PUBLIC COMMENTS
At this time the public is permitted to address the City Council on items that are on the Closed Session Agenda, or items not on the agenda. Persons addressing the City Council are required to limit their remarks to five (5) minutes unless an extension of time is granted by the Mayor subject to approval of the Council. Please file your name with the Mayor on the form provided at the podium. Speakers desiring answers to questions should direct it to the Council and, if relevant, the Council may direct it to the appropriate staff member.

ADJOURN TO CLOSED SESSION – Community Development Conference Room, 118 Oak Street, Brentwood, CA 94513

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 54956.8 CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Property: Portion of property located near intersection of Brentwood Blvd. and Sand Creek Road APN: 016-170-010 (portion). Negotiating Party: Franklin Four, LLC; Thomas Franklin, LLC; SSB, LLC. City Negotiators: Bailey Grewal/Paul Eldredge. Under Negotiation: Price and terms of payment.


JOINT CITY COUNCIL/REDEVELOPMENT AGENCY MEETING
7:00 P.M.

RECONVENE IN OPEN SESSION – 734 Third Street, City Council Chamber

Pledge of Allegiance
Roll Call

REPORT ON CLOSED SESSION (If any)

PRESENTATIONS
A. Recognition of Staff Sgt. Michael Broussard, winner of the Army's 2008 Best Ranger competition.
B. Presentation of Certificates of Commendation to Michaela Sullivan and Sgt. Miguel Hinojosa
C. Proclamation recognizing May 12-17, 2008 as National Bike Week. (C. Bronzan/P. Scherff)
D. Proclamation recognizing October 2008 as the National Arts & Humanities Month and Celebrating the Brentwood Art, Wine and Jazz Festival October 11th & 12th. (C. Bronzan/P. Scherff)

PUBLIC COMMENTS
At this time the public is permitted to address the City Council/Redevelopment Agency on items that are on the Consent Calendar, Requests for Future Agenda Items, or items not on the agenda. Persons addressing the City Council/Redevelopment Agency are required to limit their remarks to five (5) minutes unless an extension of time is granted by the Mayor subject to approval of the City Council/Redevelopment Agency. Please file your name with the Mayor on the form provided at the podium. Speakers desiring answers to questions should direct it to the City Council/Redevelopment Agency and, if relevant, the City Council/Redevelopment Agency may direct it to the appropriate staff member.

CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by one motion. If discussion is required, that particular item will be removed from the consent calendar and will be considered separately.

1. Approve minutes of the City Council/Redevelopment Agency meeting of April 22, 2008, and special meeting held April 14, 2008. (M. Wimberly)

2. Accept the Proclamation declaring May 18-24, 2008 as National Public Works Week (B. Grewal/ C. Ehlers)

3. Accept the Proclamation declaring May 2008 to be Water Awareness Month. (B. Grewal/ C. Ehlers)

4. Adopt a Resolution approving and authorizing the City Manager or her designee to execute a Professional Services Agreement with Contra Costa County on behalf of its Office of Revenue Collection (ORC) for collection services in connection with unpaid amounts owed to the City. (P. Ehler/K. Breen)

5. Adopt a Resolution increasing the amount authorized to be spent with Public Financial Management for the 2007/08 fiscal year by $15,000 for a total amount not-to-exceed $165,000. (P. Ehler/K. Breen)

6. Adopt a Resolution delegating annual management responsibility for the investment program to the City Treasurer and approving an amendment to the Investment Policy (City Council/Administrative Policy No.10-4) to comply with recent changes to State law. (P. Ehler/K. Breen)

7. Adopt a Resolution amending Council/Administrative Policy No. 10-5 Budget and Fiscal Policies to update the Emergency Preparedness Fund and Interfund Transfers and Loans portions of the Policy. (P. Ehler/D. Davies)

8. Authorize the City Manager or her designee to file a claim against Contra Costa County for the recovery of sums overcharged by the County for the administration of the property tax system. (P. Ehler/K. Breen)

9. Adopt a Resolution to Award Funding from the Business License Tax Grant Program in the amount of $121,000, as recommended by the Land Use and Development Committee. (C. McCann/L. Maurer)

10. Adopt a Resolution approving the closure of streets for the use of City-owned property for the staging of the 2008 Multi-Cultural Celebration by the City of Brentwood Parks and Recreation Department on June 13, 2008. (C. Bronzan/P. Scherff/O. Alvarez)

11. Adopt a Resolution approving and authorizing the City Manager or designee to execute a Cost Sharing Agreement for Improvements to American Avenue with the Liberty Union High School District and Brentwood Union School District for shared responsibilities of the improvements recommended by the American Avenue Task Force. (B. Grewal/D. Galey)

12. Adopt a Resolution accepting all off-site public improvements; accepting the Maintenance Bond; and releasing the Improvement Securities for Conditional Use Permit No. 00-09, developed by B.P. West Coast Products/ARCO, located at the southeast corner of Balfour Road and John Muir Parkway. (B. Grewal/D. Galey)

13. Adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. Two to the Professional Services Agreement with NorthStar Engineering Group, Inc. for the Brentwood Business Park Improvements, CIP Project No. 336-31682, in an amount not to exceed $21,620, and amending the CIP Budget Sheet to include the additional scope of work. (B. Grewal/F. Lideros)

14. Adopt a Resolution awarding the bid, approving the contract documents, and authorizing the City Manager or designee to execute necessary documents for Bid Package # 5 – Structural Steel to Martinez Sheet Metal Inc. in the amount of $183,972 plus a 10% contingency of $18,397.20 for a total contract amount of $202,369.20 for Brentwood Senior Activity Center CIP No. 522-52280 and Aquatic Complex/Concession Stand CIP No. 522-52300. (C. Bronzan/P. Scherff)

15. Adopt a Resolution supporting reform of the bond rating system to eliminate discrimination against municipal bonds, authorizing the Mayor or designee to sign a letter protesting the double standard in bond ratings, directing staff to send the letter to the three major bond rating agencies and to register the City as a member of the coalition of public agencies supporting the reform. (P. Ehler/K. Breen)

16. Adopt a Resolution approving and authorizing the City Manager to execute Amendment No. 3 to the Amended and Restated Contract for Landscape Maintenance with Cagwin and Dorward in the amount of $75,000 for a total contract amount of $2,319,129 for the Sunset Park Improvement Project, CIP 352-52402 to add amendments to existing soil, over-seed all areas and re-sod selected high use areas. (C. Bronzan/B. Margesson)

17. Adopt a Resolution approving a temporary use permit (TUP 08-06) and allowing the use of City right-of-way and authorizing the closure of a portion of Pine Street in order to facilitate the 1st Annual “Day of the Children” Fundraiser, to be held on Sunday, May 18, 2008, between the hours of 9:00 a.m. and 7:00 p.m. (C. McCann/ J. Zilm)

18. Adopt a Resolution appointing RBC Capital Markets, Inc. as the underwriter, Orrick, Herrington & Sutcliffe LLP as the bond and disclosure counsel; and declaring official intent to reimburse certain expenditures from proceeds of indebtedness in connection with the financing of the new water treatment plant to be constructed by the Contra Costa Water District and refinancing prior obligations issued for the water and wastewater enterprise; and authorizing necessary staff to undertake the proceedings of debt issuance for future Council consideration. (P. Ehler/B. Kelleher)

19. Adopt a Resolution 1) declaring official intent to reimburse certain expenditures for the Brentwood Senior Activity Center, Downtown Streetscape Plan, Downtown Infrastructure, Downtown Parking Structure, New City Hall, Civic Center Parking Facility, New Community Center, Library Relocation, Civic Center Plaza and City Park projects in an amount not-to-exceed $72,000,000, from proceeds of indebtedness and 2) appointing RBC Capital Markets, Inc. as the underwriter, Orrick, Herrington & Sutcliffe LLP as the bond and disclosure counsel, Del Rio Advisors, LLC as the financial advisor and authorizing staff to undertake the proceedings of debt issuance for future Council consideration. (P. Ehler/B. Kelleher)

Redevelopment Agency Consent Items:

20. Approve warrants from Warrant lists dated April 9, 2008 and April 16, 2008. (P. Ehler/L. Schelbert)

PUBLIC HEARINGS
Persons addressing the Council/Redevelopment Agency are asked to file their name with the Mayor on the form provided at the podium. The Council may adopt reasonable regulations at the onset of the public hearing to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the public hearing shall follow the protocol for Public Comments.

21. Consideration of Resolutions - 1) Adopt a Resolution approving a Memorandum of Understanding between the City of Brentwood and the Brentwood Chamber of Commerce regarding the 2008 CornFest event and authorize the City Manager or her designee to execute the Memorandum of Understanding, and 2) Adopt a Resolution authorizing a donation of $23,000 to the Brentwood Chamber of Commerce to fund the CornFest fireworks. (C. McCann/L. Maurer)

22. Adopt a Resolution approving the Collection Policy (City Council/Administrative Policy No. 10-15) and approving an amendment to the Cost Allocation Plan and Schedule of City Fees, adding cost for attorney services, collection agency services and cost associated with liens and assessments. (P. Ehler/K. Breen)

23. Consideration of an ordinance to approve a rezone (RZ 07-02) to add Chapter 17.740, Residential Condominium Conversions, to the Brentwood Municipal Code establishing criteria for condominium conversions of all multi-family residential projects with five (5) and more units within the City limits, and consideration of a resolution that amends the City’s 2007-2008 Cost Allocation Plan and Master Fee Schedule by establishing a fee for Residential Condominium Conversions. (C. McCann/D. Hill)


OLD BUSINESS

24. Adopt a Resolution that: 1) Approves and Authorizes the City Manager, or Designee to Execute an Agreement with Swinerton Management and Consulting, Inc., for Construction Management Services as Relates to Construction of the Civic Center in an Amount Not to Exceed $2,313,817 and Authorizes the City Manager to Make Minor Changes to the Agreement in Consultation with the City Attorney; and 2) Directs Staff to Prepare Temporary Space for the Interim Library and Council Chambers at the Brentwood Education and Technology Center; and 3) Endorses Staff Recommendation for the Fountain and Trees for the Civic Center Plaza; and 4) Endorses the City Park Master Site Plan. (D. Landeros/G. Leech)


INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, SUBCOMMITTEES AND LIAISONS: This portion of the agenda is to provide an opportunity for Council Members to report on attendance at events, subcommittee meetings, and entities on which the Council Member has been appointed as a liaison.

REQUEST FOR FUTURE AGENDA ITEMS:

I COUNCIL MEMBER REQUESTED ITEM(S) Council may have a brief discussion of the requested item and upon concurrence by the majority of the membership of the City Council present that staff time and City resources be spent on an item, it shall be scheduled for a future meeting. The Council will take no other action on the listed items. Council concurrence that staff time or City resources be spent on an item does not signify approval of a particular item, just that the Council wishes to have it studied further and the Council may, at a future time, decide not to pursue the item further.

A. Council Member Richey will explain his request for a first source (local vendor preference) agreement for capital improvement programs.

B. Vice Mayor Brockman will explain his request for a discussion of the crosswalk at Walnut Boulevard.

I NEW REQUESTS (Council Members wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for the next Council meeting).


ADJOURNMENT

NOTICE
In compliance with the Americans with Disabilities Act, the meeting room is wheelchair accessible and disabled parking is available at the City Hall Parking lot. If you are a person with a disability and you need disability-related modifications or accommodations to participate in this meeting, please contact the City Clerk’s Office at (925) 516-5440 or fax (925) 516-5441. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. {28 CFR 35.102-35, 104 ADA Title II}

POSTING STATEMENT
On May 8, 2008, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov
 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov