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HomeMy WebLinkAboutMINUTES - 06091998 - C14-C17 ooNTRA CUSTAA Co Recorder's Office Recorded at the request of: STEPHEN L• WEIR, County Recorder Contra Costa County Public Works Department DOC -- 38---01 3A2!Q0--00 Return to: Friday, JUN 12, 1998 13:15:49 Public Works Department l Engineering Services FRE $0.00: 11 Ttl Pd $0.00 Nbr•-0000155437 1rc/R9/1-1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 9, 1998,by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 98/ t3g SUBJECT: Completion of Improvements RA 1078 (SUB 7903),North Richmond area. The Public Works Director has notified this Board that the improvements to Gertrude Avenue RA 1078 (SUB 7903)have been completed. The Public Works Director having notified this Board that the improvements for Gertrude Avenue RA 1078, being developed by Community Housing Development, have been completed and that such improvements have been constructed without the need for a subdivision agreement; NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of June 9, 1998, thereby establishing the six-month terminal period for the filing of liens. BE IT FURTHER RESOLVED that the widening of Gertrude Avenue is located within the jurisdiction of the City of Richmond and the right of way was dedicated on the Final Map for Subdivision 7903 in official maps 396 M 34. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established. RL:mw l hereby certify that this is a true and correct G:GrpDatalEngsvc�sO s0 6 9-9s.doC copy of an action taken and entered on the Originator: Public Works(ES) minutes of the Board of Supervisors on the Contact: Rich Lierly-313-2348 date shown. cc: Public Works Accounting t � R.Bruno,Construction ATTESTED: U Maintenance Tickle File-June 9,1999 PHIL BATCHELOR, Cleric of the Board Recorder(via Clerk),then PW Engineering Services of Supervisors and County Administrator Sheriff-Patrol Div.Commanders CHP, - Al B - . 1.��S�d' ' ' LA-a-2 Deputy CSAR-its Ho y - Comrnuniry Housing Development Cooperation of North Richmond tj f"j P.O.Box 1625,Richmond,CA 94802 Kathryn Hoover,Chief of Housing Development,City of Richmond 130-25ei Street,Richmond,CA 94804 e-15 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: June 9, 1998 SUBJECT: Approve Consulting Services Agreement with Kimley-Horn and Associates, Inc. for Improvements to Buchanan Field Airport Taxiway and Resurfacing Project Project No.: 4855-6X5304 AIP Project No: 3-06-0050-11 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: Approve a Consulting Services Agreement with Kimley-Horn and Associates, Inc. for the design of Buchanan Field Airport Taxiway and Resurfacing Project, in the Concord area. II. Financial Impact: The maximum amount of the contract is $315,994. It is to be funded by the Federal Aviation Administration (90°I%), State of California (4.5%) and County Enterprise Funds (5.5%). r° Continued on Attachmentu SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON JUN Q 91998 APPROVED AS RECOMMENDED,,,/-OTHER VOTE OF SUPERVISORS ° UNANIMOUS{ASSENT } AYES: NOES: ABSENT: ABSTAIN: g:\dssign\bo\klmiey.hombo.wpd I hereby certify that this Is a true and Correct copy of an action taken and entered on the Orig.Div: Public Wo*s(Design Division) minutes of the Board of Supervisors on the Contact: M.Morton(313-2225) date Shown. cc: County Admin. .E.Kusvor Auditor-Controller JUN 79 Pwccounting ATTESTED: PHIL.BATCHELOR, Clerk of the Board of Supervisors and County Administrator By':. ' ) ` Deputy _... ............._.............. y, 00 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 9, 1998, by at least a four-fifths vote as follows: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.98t 310 (Gov. Code§25865) SUBJECT: Approve Quitclaim Deed to the Contra Costa County Flood Control & Water Conservation District Project No. 7120-688562 - San Ramon Creek-Chaney to'Livorna Alamo Area (Parcels 1794, 1795, 1796 & 1789A) The Board of Supervisors of Contra Costa County RESOLVES THAT: Can behalf of the Contra Costa County Flood Control and Water Conservation District, Contra Costa County acquired easements over portions of several parcels in the Alamo area as described in Exhibit "All attached hereto for flood control purposes. The Flood Control District has requested that the County convey said property rights to the District. These rights are necessary for the construction of the Sari Ramon Creek Improvement Project. This Board hereby DETERMINES that said properties are not required for County use, and, pursuant to Government Code Section 25365, this Board hereby APPROVES and AUTHORIZES the conveyance of said rights to the f=lood Control District. The Board Chair is hereby AUTHORIZED to execute a Quitclaim Deed conveying said rights to the District. As governing body of the Contra Costa County Flood Control &Water Conservation District, this Board hereby ACCEPTS said Quitclaim Deed on behalf of the District and DIRECTS the Real Property Division to cause its delivery to the County Recorder for recording. CPs:gpp ! hereby certify that this is a true and correct g:treaiprm\98-5\br10a1".wpd copy of an action taken and entered on the minutes of the Board of Supervisors on the Orig.Dept.: Public Works(RP) date shown. Contact: C.Pina-Sandoval(313-2306) ATTESTED:-- IMe 9. 199$ cc: County Assessor PHIL BATCHELOR, Clerk of the Board County Recorder(via R/P) of Supervisors and County Administrator Public Works Accounting Grantee(via FOP) By JAL _a . 0[ 3 Deputy RESOLUTION 98/ 310 Recorded at the request of: Contra Costa County After recording return to: Contra Costa County Public Works Department Real Property Division Attn: Carmen Piria-Sandoval 255 Glacier Drive Martinez,CA 94553 Portion of Assessor's Parcel Nos, 187-110-040,041 &442& 192-011-095 QUITCLAIM DEED For a valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California, Does hereby remise, release and forever quitclaim to CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, the following described real property in an unincorporated area of the County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A FART HEREOF. CONTRA COSTA COUNTY 444, Dated June 9, 1.998 By Chair Board ofupenrlsors STATE OF CALIFORNIA } COUNTY OF CONTRA COSTA) On' June 9, 1998 before me, Phil Batchelor, Clerk of the Board of Supervisors and County Administrator,Contra Costa County,personally appeared S—upgrvisor Jim Rogers who is personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that hetshefthey executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the per- sons)acted, executed the instrument. By: Deputy Clerk CpS:gpp G;1Grp7 aWIReatpropt98-51DE.-San Ramn Creek May 19,1998 San RamonCreek- Reach 2 Parcels 1794, 1795, & 1796 Dwg. ED-847- Chaney to Livorna Road Ptn. APNs 187-110-040, 041, & 042 CCC S.D.E. to CCCI`C&WCD EXHIBIT "A" All of the real property described in the offer of dedication by Ticar, a California Corporation, for Subdivision 5035 shown as portions of Parcels 4, 5&6 on the Subdivision Map filed March 15, 1978 in Book 209 of Maps at page 22, labeled "S.D.E." and accepted by Contra Costa County, October 22, 1996 by Recorder's Series 95.199956; said acceptance was rerecorded September 9, 1997 by Recorder's Series #97-164668 and again December 18,1997 by Recorder's Series #97-246719 to correct errors in the Assessor Parcel Numbers referenced in the headings of said preceding documents (#96- 199956 and#97-164668). Excepting therefrom and reserving unto said County, the portion lying within Lot 4 of Subdivision 5035 shown on said map (209 M22) as "10' S.D.E." RZ:LH:gpp gAcfericakexhibitslSan Ramon Creek- Reach 2 January 29, 1998 1 of 2 San Ramon Creek - Reach 2 Parcel 1789A Dwg EB-323 Portion APN 192-011-045 CCCSDE to CCCFC &WCD EXHIBIT"A" A portion of Parcel B as shown on subdivision MS 185-79 being all of the "AREA DEDICATED TO CONTRA COSTA COUNTY FOR DRAINAGE PURPOSES"lying within Parcel B of said MS 185-79 which was fled September 24, 1980 in Book 89 of Parcel Maps at page 36 Contra Costa County, California; said dedication was accepted by Contra Costa County September 9, 1997 by Recorder Series #97-164669. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: �d Licensed Land Surveyor Contra Costa County Public Works b4.1 - Date. OF RZ:jlg g:\clerical\exhibits\SRCReach2EX.wpd April 27, '1998 2 of 2 ....... ......... ......... ......... ......... ......... _. __.. ...... ............. ......... ._....... ......... ...__...... ......._. ......... ......... ......... ......... ......... N C. 1q TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: JUNE 9, 9998 SUBJECT: Approve Joint Exercise of Powers Agreement with the City of Brentwood for funding the Marsh Creek Channel Improvement Project, in the Brentwood area. Project No.: 7590-6D8466-96 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION L Recommended Action: APPROVE and AUTHORIZE the Chief Engineer to execute the Joint Exercise of Powers Agreement with the City of Brentwood for the Funding of the Marsh Creek Channel improvement, in the Brentwood area. 11. Financial Impact: This project will have no impact on the General Fund. The Flood Control District's estimated project cost is $350,000. The project will be funded by a loan from the City of Brentwood, to be repaid by regional drainage area fee collections in Flood Control Drainage Areas 904 through 908 in the upper Marsh Creek watershed, i dpg,�Op Ci of Brentwood. Continued on Attachment: X SIGNATURE: ;_ '� 04 —RECOMMENDATION OF BOARD COMMITTEE APPROVE _,OTHER SIGNATURE (S): dw ACTION OF BOARD ON JUN 4 9 -ffi8, APPROVED AS RECOMMENDED OTHER _ V07 OF SUPERVISORS UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: TW:cl 1 hereby certify that this is a true and correct g:\fldcU\fcbo\bo6-2 copy of an action taken and entered on the minutes of the Board Of Supervisors on the Orig.Div.: Flood Control Engineering date shown. Contact: T.Williams(313-2285) JUN 0 91998 c: Auditor-Controller ATTESTED: PW Accounting PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Deputy x _. ......... ................ _ ..... ......... ......... ._....... ........_.._. . .... ..... ......... ......... ......... ................_. .................................................. Joint Exercise of Powers Agreement for funding the Marsh Creek Channel improvements June 9, 1998 Page 2 Ill. Reasons for Recommendations and Background: Contra Costa County Flood Control and Water Conservation District (District) and the City of Brentwood (City) are constructing a joint project consisting of a new box culvert under Dainty Avenue and channel improvements, both upstream and downstream of the crossing. The project is necessary to improve the flood capacity of Marsh Creek and the Dainty Avenue crossing of Marsh Creek to better protect homes and businesses along this reach of Marsh Creek. In addition, the project will improve vehicular and pedestrian safety along Dainty Avenue at the Marsh Creek box culvert. Ultimately, the flood control aspects of the project would have been constructed by the District with collected regional drainage area fees from Flood Control Drainage Areas 104 through 108. However, current lack of funds in these drainage areas have prevented the District from implementing this project in a timely manner. Recognizing the importance of the project, and having available funds collected specifically for drainage improvements, the City made available to the District, as a loan, approximately$350,000 of these funds to help pay the District's share of the estimated project costs. The purpose of the agreement is to call out the terms and conditions of the loan and loan repayment. IV. Consequences of Negative Action: Delay in approving the Agreement will result in a delay in the construction of the project. J0INT_EXERCISE.0F POWERS AGREEMENT FINANCING CSF PR0JECT'' d 69'01-�DS466-96 f DL CIP NV`iwi 362�`_.. /t 1. Parties: Effective on _ / w the CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT, a political subdivision of the State of California, hereinafter referred to as the "DISTRICT," and the CITY OF BRENTWOOD, a municipal corporation, hereinafter referred to as the "CITY," pursuant to Government Code Section 6500 and following, mutually agree and promise as follows: 2. Purpose and Scope of Work: The DISTRICT and the CITY have entered into a previous agreement dated December 10, 1996 (hereinafter referred to as PREVIOUS AGREEMENT) for the construction of a joint project ( Project Number 7590-6D8466-96 and Capital Improvement Project Number 33625) consisting of a new box culvert under Dainty Avenue at Marsh Creek channel and related channel improvements (hereinafter referred to as the "PROJECT"). The PROJECT included construction of a concrete box culvert, grading of the channel both upstream and downstream, construction of the entrance and wing walls for the box culvert and the relocation of a 20" water main. The purpose of this agreement is to 1) recognize the CITY is in immediate need of this PROJECT to help protect Dainty Avenue and adjacent areas from flooding due to overflows from Marsh Creek; the DISTRICT does not have sufficient regional drainage area funds immediately available to construct the PROJECT in 1998; the CITY has sufficient Drainage Area 104 and 105 Sub-Regional funds available which have been accumulated specifically for drainage improvements, the CITY will loan the necessary Drainage Area 104 and 105 Sub-Regional funds to the DISTRICT to construct the DISTRICT'S share of the PROJECT; 2) to provide for the terms of DISTRICT repayment of the CITY loan; 3) to add a permanent traffic barrier to the PROJECT, and 4) the DISTRICT hereby acknowledges by execution of this agreement that authorization by the CITY is requiredprior to utilizing Sub-Regional Drainage Area 104 and Drainage Area 105 until such time that a Sub-Regional Plan is adopted by the Board of Supervisors.' 3. Method: The CITY owns the existing box culvert and Dainty Avenue while the DISTRICT owns Marsh Creek Channel. The PROJECT is therefore at the intersection of the two jurisdictions. A. The DISTRICT shall perform the activities as required in section 3.A.1-9 of the PREVIOUS AGREEMENT and shall repay the loan as described herein. The DISTRICT shall add to the PROJECT the design and installation of a retrofitted traffic barrier on the existing box culvert B. The CITY shall perform the activities as required in section 3.13. 1-5 of the PREVIOUS AGREEMENT and shall loan to the DISTRICT the necessary' PROJECT funds as described herein. The CITY shall reimburse the DISTRICT all the costs it incurs to design and install the retrofitted traffic barrier on the existing box culvert. 4. Financial Responsibility: The CITY shall loan Drainage Area 104 and 105 Sub-Regional funds in an amount not to exceed 135% of the amount of the bid for which the County is responsible, or $350,000 to the DISTRICT. The funds shall be used by the DISTRICT to pay the DISTRICT costs as required in the PREVIOUS AGREEMENT. The CITY shall pay all the DISTRICT incurred costs to retrofit the existing box culvert (including design and construction engineering costs) with a permanent traffic barrier. 1 _. __.. ......... ......... ......... ......... ......... ......... ................. _ ....._._............. _........ ...................._.. ...__.._... .._........ ......... ......... ......... 5. Deposit and Loan Terms: (a) At least fifteen (15) days prior to the award of the contract, the CITY shall authorize the release of the Drainage Area 104 and 105 Sub-Regional funds currently held in trust by the DISTRICT as a loan to the DISTRICT. (b) Repayment of the loan to the DISTRICT shall be made only from Regionaf Drainage Area 104 through 108 fee collections. The DISTRICT shall begin repayment of the loan once existing Government loans (loans in existence prior to the date of this agreement) to or from Regional Drainage Areas 104 through 108 have been completely repaid. The CITY understands the previous Government loans in these areas were a substantial investment by the DISTRICT and were necessary to purchase right of way for detention basins and creek improvements and to build major drainage infrastructure to serve the CITY needs with regard to flood protection. The CITY also understands the exact timing of the first payment on the CITY loan is not readily predictable. Repayment of the loan depends solely on the collection of sufficient regional drainage area fees within Drainage Areas 104 through 108 to first pay off the existing Government loans before repayment to the CITY (via direct deposits to the Sub-Regional Drainage Area 104 and 105 trust accounts) can begin. Once the existing Government loans are paid off, the CITY will begin receiving payments from the DISTRICT, as mentioned above, on a quarterly basis from regional Drainage Area 104 through 108 fees collected. The payments will be made on a prorata basis (as required by the current DISTRICT Credit and Reimbursement Policy) with any reimbursement agreements that existed in these areasrp for to the date of this agreement. If no prior reimbursement agreements exist lin an area, or if a reimbursement agreement is entered into after the date of this agreement, the CITY loan shall take precedence and the DISTRICT will pay the CITY eighty (80) percent of all regional fees collected in that area on a quarterly basis. In either case, the DISTRICT will retain twenty (20) percent of the fees collected quarterly to help pay for DISTRICT costs to administer the drainage areas, implement additional improvements within the drainage area and continue to provide directly related development review services to the CITY. The DISTRICT will continue to make payments of said collected regional drainage fees to the CITY on a quarterly basis until the loan amount is paid which total payment will constitute full satisfaction of the DISTRICT obligation pursuant to this agreement. (c) At least five (5) days prior to the award of the contract, the CITY shall deposit with the DISTRICT the amount for the retrofitted traffic barrier as shownon the bid submitted by the lowest responsible bidder plus applicable design and construction engineering costs which include contract contingencies and percentage compensation for construction engineering, materials testing, surveys and contract administration and inspection. Should the CITY fail to make its deposit on time, the CITY'S retrofitted traffic barrier will be deleted from the PROJECT and the CITY will be responsible for installing the retrofitted' traffic barrier with their own forces. 6. Insurance and Hold Harmless.- A. armless:A. The contract documents for the PROJECT shall include provisions requiring the contractor and subcontractors to provide insurance and indemnification naming the CITY, its officers, employees, consultants, and agents to the same extent as provided to the DISTRICT. B. Neither the CITY, nor any officer, employee, consultant, or agent thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted' to be done by the DISTRICT in connection with any work delegated to the DISTRICT' 2 under this Agreement, and to the extent not covered by the above-described insurance, the DISTRICT shall defend, indemnify, save and hold harmless the CITY, its officers, employees, consultants, and agents against the same. C. Neither the DISTRICT, nor any officer, consultant, employee, or agent thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the CITY in connection with any work delegated to the CITY under this Agreement, and to the extent not covered by the above-described insurance, the CITY shall defend, indemnify, save and hold harmless the DISTRICT, its officers, employees, consultants, and agents against the same. D. The CITY acknowledges that entry into the construction area carries with it a certain risk and agrees to release the DISTRICT, its officers, employees, consultants, and agents from any liability for death of, or injury to, the CITY's representative(s) while present in the construction area, except for liability resulting from the negligence or willful misconduct of the DISTRICT. E. The DISTRICT acknowledges that entry into the construction area carries with it a certain risk and agrees to release the CITY, its officers, employees, consultants, and agents, from any liability for death of, or injury to, the DISTRICT's representative(s) while present in the construction area, except for liability resulting from the negligence or willful misconduct of the CITY. F. Nothing in this Agreement is intended to affect the legal liability of either party to third parties by imposing any standard of care different from that normally imposed by law. 7. Acceptance and Maintenance: A. Upon completion of the PROJECT, the DISTRICT and the CITY shall conduct the final inspection. After the CITY has determined that the PROJECT has been completed to the CITY8s satisfaction, the DISTRICT shall accept the PROJECT as complete for itself and for the CITY. The CITY shall not unreasonably withhold or delay its determination of PROJECT completion. B. Upon acceptance of the PROJECT, the CITY shall own and be responsible for maintaining the box culvert and related improvements within the Road right of way, subject to the provision of the 1-year contractor's warranty, shall defend, indemnify, save and hold harmless the DISTRICT, its officers and employees, against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death occurring after acceptance and relating to the use, operation or maintenance of the box culvert. 8. Agreement Modification: This Agreement shall be subject to modification only with the written consent of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which the Agreement is drafted. 9. Restrictions: Pursuant to Government Code Section 6509, the powers of the parties under this Agreement shall be subject to the restrictions on such powers applicable to the DISTRICT. 10. Accountability: As required by Government Code Section 6505, both parties to this Agreement shall provide strict accountability of all funds received for the PROJECT. 3 . ........................................................................................................................................................................................................................................ _ ........ ........ .............. _._...... .._.._...... ....._...._....._...._..............._. . _........ ._.......... ...._.... ......... 11. Agreement Termination: Unless terminated earlier through the mutual, written consent of the parties, this Agreement shall terminate upon the conditions described in Section 5 (B) above. However, Sections 6(B), 6(C), 6(D), 6(E) and 7(B) shall survive any termination. 12. Integration: This Agreement contains the full and final understanding of the CITY and DISTRICT relative to the added PROJECT work and Financing of the PROJECT. DISTRICT OF CONTRA COSTA CITY OF BRENTWOOD By: tiY By: Chairperson, Board�df5 ohn Morrill, Mayor ATTEST: ATTEST: Phil BatcheJ6r, rk e`Board CITY CLERK Supervi .z(rs ar bi T Ad i ator n By: By: "L, .frr y Detna J. R s,City Clerk py 6 RECOMMENDED FOR APPROVAL: FORM APPROVED J. Michael Walford, Chief Engineer By: By: Deputy Public Works Director Paul Anderson, City Attorney FORM APPROVED: Victor J. Westman, DISTRICT Counsel By: Deputy g:VWctl\work\ccbrent3 jpa 4116M 4 RESOLUTION 98-88 PASSAGE OF RESOLUTION NO. 98-88, APPROVING A JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF BRENTWOOD AND CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (CCCFC & WCD) AUTHORIZING USE OF SUB-REGIONAL DRAINAGE FEES FOR THE WIDENING OF MARSH CREEK, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE SAME WHEREAS, the Safety Element of the General Plan establishes the goal to protect the community from flood hazards; and WHEREAS, the City Council approved Resolution 96-194 on December 10, 1996 authorizing the Joint Powers Agreement with the Flood Control District for the widening of Marsh Creek (CIP 56218),and WHEREAS, an additional Joint Powers Agreement between the City of Brentwood and the Flood Control District has been developed to authorize use of sub-regional drainage fees from Drainage Areas 104-106 to fund the project, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood, that the Joint Powers Agreement is hereby approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute the Joint Powers Agreements attached hereto as Exhibit "A" PASSED AND ACCEPTED by the City Council of the City of Brentwood at their regular meeting of May 26, 1998 by the following vote: AYES: Council Members Petrovich, KiddR McPoland and ?v€ayor Merrill . NOES: None. ABSENT: Council Member Guise. ABSTAIN: None. APPROVED: Jo orrr i,Mayor ATTEST: Donna Rogers, City e k