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CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
Minutes of December 11, 2001

A regular meeting of the City Council of the City of Brentwood was called to order at 7:40 p.m. in the City Council Chambers located at 734 Third Street, with Mayor McPoland presiding.

Roll Call
Present: Councilmembers Beckstrand, Gomes, Petrovich, Mayor McPoland
Absent: Councilmember Hill

PRESENTATIONS 
At Mayor McPoland’s request, Item A was moved after Item B.

A. Mayor Julie Pierce, Clayton, gave a presentation on the Contra Costa Sharing our Future Program, a countywide unified vision, to preserve our quality of life in Contra Costa County. Mayor Pierce stated that since its inception three years ago, the main goal of the committee has been to develop a community based unified vision and implementation strategies that would guide the growth and development of Contra Costa County while preserving and enhancing the quality of life for all Contra Costans. In an effort to promote public participation and awareness, Mayor Pierce stated that the committee would begin to hold a series of county-wide community meetings to discuss solutions, priorities, etc. from constituencies. 

Mayor Pierce went on the say that the committee would like to go out for a request for proposal to examine ways to accommodate growth while respecting the individual communities. The committee is proposing that that the $750,000 study, which includes a consultant and project manager, will be funded by each City agreeing to participate by allocating 0.60 cents per capita. In addition to the per capita fee, the committee will be seeking help from businesses in the county.

Mayor Pierce asked Council when they plan to make a decision as to whether or not to participate. 

Mayor McPoland responded that the item would be placed on the agenda of January 8, 2002.

B. Recognition of the Village Drive Resource Center Latin Leopards Cheerleading Squad. Craig Bronzan introduced Olivia Ruiz, Program Coordinator for Village Drive Resource Center, who gave an overview of the VRC Cheerleading squad highlighting their many accomplishments as a squad and presented each of the 15 participants and their coach with a plaque. 

The cheerleading squad then presented Mayor McPoland with their mascot, a Leopard, and thanked the City for all their support and for making programs like this possible in the community.

C. John Stevenson, City Manager, introduced Paul Zolfarelli, Director of Public Works. Pam Ehler, Director of Finance & Information Systems, introduced Kim Davis, Accountant I; Mitch Oshinski introduced Diane Porter, Administrative Assistant in Community Development and Sam Derting, Building Inspector. Bailey Grewal, City Engineer, introduced Kim Dempsey, Administrative Assistant in Engineering. The new employees then took the oath of office.

D. Mickie Marchetti, Project Director, REACH - Family Alliance Project, gave a brief overview of the Brentwood based Family Alliance Project which is comprised of local law enforcement, local school districts, the Parks and Recreation Department and the Brentwood PAL program. Mr. Marchetti spoke about the marked improvements the many families have seen through the program citing a 70% increase in school attendance and 80% improvement in school grades. Mr. Marchetti then thanked Council and staff for supporting the project. 

AGENDA REVIEW

Item No. 20 B 

Approve a resolution authorizing the City Manager to award a contract to EKONA Architecture & Planning for design services for the New Police Station, CIP 336-3110 and amend the CIP budget sheet. 

It was Moved/Seconded by Petrovich/Gomes to add item to the Consent Calendar. Motion carried unanimously.

CITIZEN COMMENTS
None

CONSENT CALENDAR

1. Approve Minutes of November 13, 2001 and November 27, 2001. 

2. Approve Resolution No. 2418 authorizing an extension of the Contra Costa County Abandoned Vehicle Service Authority program until April of 2012. 

3. Approve Resolution No. 2419 declaring the results of Special Municipal Bond Election conducted by the City of Brentwood on November 6, 2001 with respect to the Issuance of General Obligation Bonds to Finance the Acquisition and Construction of a New Police Station. 

4. Approve Resolution No. 2420 amending and restating the Joint Exercise of Powers Agreement by and between the City of Brentwood and the Redevelopment Agency of the City of Brentwood. 

5. Approve Standard Payment Plan Agreements between City of Brentwood and Sand Creek Business Center, I, LP.

6. Approve recommendation to reappoint Ray Shipley and Michael Kerchner to the Planning Commission for a two-year term. 

7. Approve Resolution No. 2421 amending Resolution No. 2408 regarding AT&T Franchise Agreement. 

8. Approve Resolution No. 2422 approving the Final Map of Subdivision No. 8608, Campanello II, by Centex Homes, located south of Balfour Road and west of Rosegate Avenue. 

9. Approve Resolution No. 2423 approving the Final Map of Subdivision No. 8344, Brentwood Lakes Unit #10, Brookfield Homes, located north of Balfour road and west of Concord Avenue, accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same.

10. Approve Resolution No. 2424 accepting public improvements for maintenance, accepting the Subdivision Maintenance Bond and releasing the Subdivision Performance and Payment Bonds for Subdivision No. 7865, located north of Grant and Sunset Street and east of Brentwood Boulevard.

11. Authorize the City Engineer to temporarily close Concord Avenue from Balfour Road to City Limits for a period not to exceed three weeks for reconstruction and widening. 

12. Approve Resolution No. 2425 authorizing the City Manager to execute an Actual Cost Contract with Pacific Gas & Electric (PG&E) in an amount not to exceed $88,000 for the relocation of the existing 60 kV Transmission Power Line along the proposed Sunset Road for CIP Project No. 336-3012.

13. Set January 8, 2001, for the appeal hearing for Conditional Use Permit 01-22; International Banking Technologies representing Union Bank (M. Oshinsky/D. Hill)

14. Approve recommendation appointing Clayton Woolley to the Arts Commission for a three-year term.

15. Approve recommendation reappointing Lanny Brown and appointing Ernie Rodriguez to the Park and Recreation Commission for three-year terms.

16. Approve recommendation reappointing Dave Lang as Adult Advisor to the Youth Commission for a two-year term.

17. Approve Resolution No. 2426 accepting Parcel "A" - Neighborhood Park for maintenance, located in Subdivision No 8199, California Orchard Unit 1, KB Home, located south of Continente Avenue and west of Walnut Boulevard.

18. Approve Resolution No. 2427 accepting the work performed by Melloni Construction for the City Hall Expansion Project CIP Project No. 336-3097, located at 150 City Park Way.

19. Authorize staff to enter into an agreement with Granicus to provide video streaming of City Council Meeting on the Web.

20. Set the date of January 8, 2002, for the appeal of Conditional Use Permit No. 01-08 Immaculate Heart of Mary Catholic Church.

20A. Approve the attached the East County Transportation Improvement Authority Joint Exercise of Powers Agreement for the cities of Antioch, Brentwood, Oakley and Contra Costa County
(“JPA”).

20B. Approve Resolution No. 2428 authorizing the City Manager to award a contract to EKONA Architecture & Planning for design services for the New Police Station, CIP 336-3110 and amend the CIP budget sheet.

It was moved/seconded by Petrovich/Gomes to approve Consent Calendar items as recommended by staff. Motion carried unanimously.

Mayor McPoland then swore in Michael Kerchner reinstating him to the Planning Commission and Clayton Wooley to the Arts Commission.

PUBLIC HEARINGS

21. Approve Resolution No. 2429 approving the establishment of an overlay district for Benefit District No. 3 in the Brentwood Development Fee Program, approving the distribution of costs and method of payment proposed in Benefit District No. 3 and authorizing the Mayor to sign the Benefit District Formation Agreement for Benefit District No. 3 with Pulte Homes, Inc.

Paul Elderedge, Acting Assistant City Engineer, gave a presentation to Council relating to the establishment of an overlay district for Benefit District No. 3 in the Brentwood Development Fee Program. The Benefit District consists of the infrastructure that was put in place by the SPA L Builders, a consortium of five developers that got together to build the master and sub-master planned infrastructure to accommodate the planned growth in this area. Mr. Elderedge then stated that the SPA L Builders put in the oversized facilities to accommodate some of this growth of which some of the fees for have been paid by the City with the remainder of the fees to be collected from the benefiting properties as they develop. Mr. Elderedge then explained that the property owners would be assessed only if the property they purchase benefits from the improvements. The total amount to be reimbursed if all properties are developed is approximately 1.7 million dollars. 

The public hearing was opened. 

Mr. John Martinez, Garin Ranch, asked a question regarding whether there are any subdivisions in the area.

Bailey Grewal responded that there were two or three already approved. None have started construction

There being no one wishing to speak the hearing was closed.

RESOLUTION NO 2429

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REIMBURSEMENT AGREEMENT WITH THE DEVELOPER WHO INSTALLED OVERSIZED PUBLIC IMPROVEMENTS THAT BENEFIT ADJACENT PROPERTIES AND AUTHORIZING THE MAYOR TO SIGN THE REIMBURSEMENT AGREEMENT

It was moved/seconded by Petrovich/Beckstrand that the full reading of Resolution No. 2429 be waived and that the same be adopted. Motion passed by the following vote:

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

NEW BUSINESS

22. Presentation and discussion with UC Berkeley students on stream assessment and revegetation opportunities for Brentwood area creeks. 

Craig Bronzan, Director of Parks and Recreation, gave a brief introduction of the UC Berkely students who have been working on a graduate project to study Marsh Creek, Sand Creek and Deer Creek. The students worked in seven teams to develop ideas to improve the quality of life in Brentwood by enhancing vegetation and habitat around the creeks. 

Mayor McPoland adjourned the meeting to the Community Center to view the presentations.

Professor Louise Mozingo explained that each team had designed both a conceptual master plan for the creek and individual site designs around the City. Each master plan has a central theme, for example, treating storm water or providing educational opportunities, and all the individual site designs relate to this theme. Each of the seven study groups presented their plans.

After the presentations, Mayor McPoland commended the students for their efforts and reconvened the meeting to the Council Chambers.

23. Reconsideration of conceptual park design for Balfour Road Park, CIP 522-5221 to include a community building.

Craig Bronzan, Director of Parks & Recreation, presented a map of the Family Aquatic Center with an overlay of a 30,000 square foot building to be used as a possible site for a youth center or PAL Building. Mr. Bronzan raised parking as a concern should the building be built. He also stated that residence in the neighborhood had asked that the rest of the park be more passive. Mr. Bronzan then requested Council direction on further investigation of the Park as a possible building site.

Mayor McPoland stated that the benefit of having a 35,0000 square foot facility and identifying PAL to run the facility would incorporate other areas in the County. Mayor McPoland also stated that there would have to be a mechanism for funding to keep this type of facility running. Those avenues need to be explored before any further action is taken. 

Councilmember Gomes concurred that funding needs to be identified, stating that the PAL project would pay for the building but the City or some other entity would have to pay for the land. 

Councilmember Beckstrand raised concerns about parking and the size and height of the building. She was concerned about the impact on the residence in the neighborhood.

Mayor McPoland commented that he visited a PAL facility in Concord and the building was not a large gymnasium type of structure.

Councilmember Gomes stressed that this is just a conceptual plan and other sites in the City are also being considered. He reiterated the need for us to keep our options open so if the money becomes available we will be prepared.

Councilmember Beckstrand asked about the possibility of EKONA doing a PAL building in conjunction with the new police facility so that the police officers could also take advantage of the same facilities.

Councilmember McPoland commented that the land is not big enough. 

Council then instructed Mr. Bonzan to direct RRM Design Group to put the Aquatic Park project on a 30-day hold until Council could decide whether or not the Aquatic Park design should include the building. 

24. Discussion and consideration of reorganizing City Council standing subcommittees.

Dennis Beougher, City Attorney, introduced a discussion on the reorganization of the subcommittees. 

The Mayor spoke briefly about his desire to give all councilmembers equal opportunity to gain experience serving on various subcommittees and streamlining the meetings which have become quite numerous. He proposed the following: 

Maintain Standing Subcommittees as follows:
Economic Development/Redevelopment
Residential Growth Management/Housing 
School Inter-Agency

Establish Ad Hoc Committees (single one time issue):
Police Station
Fire Study

Disband these subcommittees, with the opportunity to form ad hoc committees on an as-needed-basis:
Capital Improvement
Community Liaison
Finance
Personnel
Public Safety
Solid Waste
Water & Sewer
Telecommunications

It was motioned/seconded by Beckstrand/Gomes to disban the current committees as noted in the staff report. Motion carried unanimously

CITIZEN COMMENTS - None

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

Mayor McPoland mentioned that he would have some information on the Vasco Road project. Mayor McPoland requested that Dennis Beorugher, fax Mr. Bill Gray the report that he had concerning the project.

Mayor McPoland also commented that he would have a meeting soon with Mayor Freitas, Antioch, regarding traffic concerns on Lone Tree Way

Councilmember Gomes gave a brief update on the Highway 4 Bypass and stated that the grand opening is on schedule and slated for March of 2002.

REQUESTS FOR FUTURE AGENDA ITEMS

Mayor McPoland requested the Contra Costa Sharing our Future Program be placed on the agenda of January 8, 2002 per the presentation by Mayor Julie Pierce, Clayton (Item A above).

Councilmember Gomes requested a feasibility report on EMT status for Police officers.

There being no further business, the meeting was adjourned at 9:50 p.m. to Closed Session.

CLOSED SESSION
The meeting convened to closed session at 9:55 p.m. with the following action to report: 

Existing litigation pursuant to Gov’t Code Section 54956.9(a): Finley-Tassajara Corp. v. County of Contra Costa, et al., CCC Sup. Ct. No. MSC00-03704 and related cases

The City Council agreed not to file an appeal in this matter by the following vote:

AYES: Councilmember Beckstrand, Gomes, Mayor McPoland
NOES: Councilmember Petrovich
ABSENT: Councilmember Hill

Existing litigation pursuant to Gov’t Code Section 54956.9(a) - D.E. Bianchini, Inc. v. City of Brentwood, Office of Administrative Hearings, Case No. A-0038-00.

The City Council authorized settlement in this matter by the following vote:

AYES: Councilmember Beckstrand, Gomes, Mayor McPoland
NOES: Councilmember Petrovich
ABSENT: Councilmember Hill

ADJOURNMENT

There being no further business the meeting was adjourned at 10:20 p.m.

The next scheduled meeting of the City Council is January 8, 2002.

Respectfully Submitted,

Cynthia Goulding
Administrative Assistant

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