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Meeting Minutes

CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, NOVEMBER 14, 2006
COUNCIL CHAMBER, 7:00 P.M.

CALL TO ORDER (5:31 PM)

Roll Call
Present: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

CITIZEN COMMENTS - None (5:32 PM)

ADJOURN TO CLOSED SESSION - 150 City Park Way, City Hall Conference Room (5:32 PM)

1. City Council/Redevelopment Agency Closed Session pursuant to Government Code Section 54956.8. Conference with Real Property Negotiators. Property: 7030 Brentwood Boulevard and 200 Sunset Court, APNs 016-100-016 and 016-100-105. Approximate size: 3.228 acres. Negotiating Party: William and Marsha Nielsen. City Negotiators: Gina Rozenski/Howard Sword. Under Negotiation: Price and terms of payment.

2 City Council Closed Session pursuant to Government Code Section 54956.8 CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Property: 3900 Sellers Avenue, APN 015-010-065. Approximate size: 7.68 acres. Negotiating Party: David and Lorriane Visher (representative for the Nail Family Trust). City Negotiators: Linda Maurer/Howard Sword. Under Negotiation: Price and terms of payment.

RECONVENE IN OPEN SESSION (07:00 PM)

Roll Call
Present: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

REPORT ON CLOSED SESSION (if any) - None (07:01 PM)

PRESENTATIONS (07:01 PM)

C) Proclamation honoring Paul W. McCurley for his service in Iraq.

Council Member, Bob Taylor, presented a proclamation honoring Paul McCurley for his service in Iraq.

Paul McCurley asked everyone to support the troops in their hearts and prayers.

B) Announcement regarding the Youth Advisory Commission’s Teen Forum (T. Burt)

Tom Burt, Recreation Supervisor, introduced Belinda Ordaz and Matthew Strauss, who gave a presentation regarding the First Youth Forum scheduled for December 7, 2006.

A) New Employee Introductions

Director of Parks and Recreation, Craig Bronzan, introduced Barbara Gary, Recreation Supervisor, Parks & Recreation Department.

Director of Finance and Information Systems, Pamela Ehler, introduced Kim Bedford, Accounting Assistant I.

AGENDA REVIEW - None (07:08 PM)

CITIZEN COMMENTS - None (07:09 PM)
Mayor Swisher congratulated Bob Taylor, Mayor Elect, and Council Members Elect, Chris Becnel and Brandon Richey.

CONSENT CALENDAR (07:11 PM)

1. Approved minutes of the City Council/Redevelopment Agency Meeting held October 24, 2006, (M. Wimberly)

Mayor Swisher voted no.

2. PULLED FOR DISCUSSION - Approval of two public art designs by Laurel True for mosaic seating in two parks at Pulte’s Rose Garden, Subdivision #8561. (C Bronzan/R. Burr-Siegel)

3. Adopted Resolution 2006-276 approving and authorizing the City Manager or her designee to execute an Easement Deed and such other documents as may be needed to hereby create a public utility easement across City owned property on the south side of Lone Tree Way east of the railroad tracks for the Lone Tree Way - Union Pacific Undercrossing, CIP Project No. 336-31340. (B. Grewal/M. Sullivan)

4. Adopted Resolution 2006-277 approving and authorizing the City Manager to execute the First Amendment to Agreement for Purchase and Sale of Interests in Real Property with Reine Lea. (B. Grewal/D. Galey)

5. Adopted Resolution 2006-278 adopting City Council/Administrative Policy No. 10-13 related to Signature Authority and Repeals Resolutions 2006-187, 2006-134, 2006-61, 2005-28, 2997 and 93-96 (P. Ehler/D. Davies)

6. Adopted Resolution 2006-279 approving and authorizing the City Manager to execute First Amendment to the Agreement for the purchase and sale of interests in real property with the Strickler Family Partnership. (P. Ehler/B. Kelleher)

7. Adopted Resolution 2006-280 adopting a Conflict of Interest Code applicable to certain designated officials and employees, pursuant to section 37300 of the Government Code and repealing Resolution 2006-036 (K. Chew/M. Wimberly)

8. Adopted Resolution 2006-281 approving and authorizing the City Manager or her designee to execute a Deferred Improvement Agreement between Larry and Barbara Jackson and the City of Brentwood for DR No. 04-26, Sunset Plaza, located at 7710 Brentwood Boulevard. (B. Grewal/J. Ward)

9. Adopted Resolution 2006-282 approving Temporary Use Permit No. 06-21 to allow the Immaculate Heart of Mary Church the use of City owned property for the Lady of Guadalupe procession affecting the closure of streets between the hours of 1:00 p.m. to 2:00 p.m. on December 10, 2006.

10. Approved RDA Warrant List dated 11/14/06. (P. Ehler/L. Schelbert)

11. Adopted Resolution RDA-117 adopting for the Redevelopment Agency, the provisions of City Council/Administrative Policy No. 10-13 related to Signature Authority as that Policy may be amended from time to time. (P. Ehler/D. Davies)

CONSENT CALENDAR ACTIONS: (07:11 PM)

Motion: Approve Consent Calendar Items 1 and 3 - 11 as recommended. Mayor Swisher voted no on Item 1.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

2. Approval of two public art designs by Laurel True for mosaic seating in two parks at Pulte’s Rose Garden, Subdivision #8561. (C Bronzan/R. Burr-Siegel)

Councilmember Taylor spoke regarding the Arts Item.

Laurel True, mosaic artist, provided an overview and presentation of her artwork.

Motion: Approve two public art designs by Laurel True for mosaic seating in two parks at Pulte’s Rose Garden, Subdivision #8561.
Moved by Taylor, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

PUBLIC HEARINGS (07:18 PM)

12. Consideration of Resolutions Completing Annexation #3 to Community Facilities District No. 2 and Completing Annexation #3 to Community Facilities District No. 4. Hold the Public Hearing regarding the annexation of territory to the City of Brentwood Community Facilities District No.’s 2 and 4 (CFD No.’s 2 & 4). Adopt a Resolution determining to annex territory to Community Facilities District No. 2 and calling a special election for annexation of territory. Adopt a Resolution determining to annex territory to Community Facilities District No. 4 and calling a special election for annexation of territory. Conduct the special elections for the annexation of territory to CFD No.’s 2 and 4. Adopt a Resolution determining the results of the special election for the annexation of territory to Community Facilities District No. 2. Adopt a Resolution determining the results of the special election for the annexation of territory to Community Facilities District No. 4. (B. Grewal/D. Galey)

Management Analyst, Debra Galey, presented a staff report regarding annexation of additional territory to the City’s CFD’s. She said the balloting results would be tabulated at the end of the hearing.

Mayor Swisher opened the public hearing.

Motion: Approve closing the public hearing.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

Motion: Adopt Resolution 2006-283 determining to annex territory to Community Facilities District No. 2, City of Brentwood, County of Contra Costa, State of California, and calling a special election to submit to the landowners in the territory proposed for annexation to the Community Facilities District the question of such annexation.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

Motion: Adopt Resolution 2006-284 determining to annex territory to Community Facilities District No. 4, City of Brentwood, County of Contra Costa, state of California, and calling a special election to submit to the landowners in the territory proposed for annexation to the Community Facilities District the question of such annexation.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

City Clerk, Margaret Wimberly, conducted the election and tabulated ballots.

Management Analyst, Debra Galey, announced the votes were 100 percent yes votes and all ballots had been returned.
Motion: Adopt Resolution 2006-285 determining the results of the special election to annex territory to Community Facilities District No. 2, City of Brentwood, County of Contra Costa, State of California.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

Motion: Adopt Resolution 2006-286 determining the results of the special election to annex territory to Community Facilities District No. 4, City of Brentwood, County of Contra Costa, state of California.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

NEW BUSINESS (07:21 PM)

13. Adopt a Resolution to refund CIFP 2003-1 Infrastructure Revenue Bonds, Series 2003 and CIFP 2004-1 Infrastructure Revenue Bonds, Series 2004. (P. Ehler/B. Kelleher)

Director of Finance and Information Systems, Pam Ehler, presented a staff report and overview of Items 13 and 14.

Mayor Swisher opened the public hearing and requested public comment.

Motion: Approve closing public comment.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

Motion: Adopt Resolution 2006-287 to refund CIFP 2003-1 Infrastructure Revenue Bonds, Series 2003 and CIFP 2004-1 Infrastructure Revenue Bonds, Series 2004.
Moved by Gutierrez, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

14. BIFA - Adopt a Resolution to refund CIFP 2003-1 Infrastructure Revenue Bonds, Series 2003 and CIFP 2004-1 Infrastructure Revenue Bonds, Series 2004. (P. Ehler/B. Kelleher)

Director of Finance and Information Systems, Pamela Ehler, had presented a staff report under Item 13.

Mayor Swisher requested public comment.

Motion: Adopt Resolution BIFA 2006-16 to refund CIFP 2003-1 Infrastructure Revenue Bonds, Series 2003 and CIFP 2004-1 Infrastructure Revenue Bonds, Series 2004.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

15. Redevelopment Agency - Adopt a Resolution to adopt Brentwood Redevelopment Agency’s new Health & Safety Grant Program, to approve Program Procedural Manual and Program Agreements, and to authorize and direct Executive Director, Redevelopment Manager or their designees, to take actions and execute such documents necessary to carry out the Program, and to make non-substantive revisions to the Procedural Manual, Program Agreements and Program Documents. (H. Sword/G. Rozenski)

Redevelopment Manager, Gina Rozenski, presented a staff report. She said the program was not intended to repair all sub-standard conditions in a home and was intended for emergency and urgent repairs. The proposed maximum for any household was $3,500 and only one grant was allowed in any fiscal year for any single household. Grants for emergency conditions were not to exceed $10,000 per household over a five-year period. In cases where the program found the home in need of general rehabilitation, beyond the parameters of the program, immediate referrels would be made to the County’s Preservation Program, which offered low interest in deferred loans for homeowners with the City. The Health and Safety Grant Program would be funded by the Redevelopment Agency’s Housing fund, with $35,000 for the first fiscal year, and staff recommended approval of the program.

Mayor Swisher requested any public comments.

Motion: Adopt Resolution RDA-118 to adopt Brentwood Redevelopment Agency’s new Health & Safety Grant Program, to approve Program Procedural Manual and Program Agreements, and to authorize and direct Executive Director, Redevelopment Manager or their designees, to take actions and execute such documents necessary to carry out the Program, and to make non-substantive revisions to the Procedural Manual, Program Agreements and Program Documents.
Moved by Gutierrez, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

16. Receive a verbal staff report regarding fire issues for the City of Brentwood. (D. Landeros)

Donna Landeros, City Manager, provided a verbal presentation regarding the Fire Master Plan and last opportunity to participate in the working group. She believed the goal would eventually be ten stations with three fire fighters in each station per shift. The consulting group, Citigate, presented the master plan to the working group, and the focus had been to analyze all options.

Mayor Swisher spoke regarding the data, and the level of service which has been paid for by the City of Brentwood. The County was not budging on the issue and there was no resolution. He also spoke regarding a higher level of service by CDF without raising taxes and without a subsidiary.

Council Member Brockman spoke regarding the additional days per month for firefighters, which would significantly increase the salary levels. He added the City would save and have a better level of service.

Council Member Gutierrez spoke about preserving stability during the growth of the City.

Council Member Brockman said if the City was going to pay the taxes and still build all the stations and supply everything, the City might as well have its own service.

City Manager, Donna Landeros, said there were two service improvements she believed would be appreciated under either of the two models. Both cost proposals involved bringing in the City’s own training officer to the District and bringing prevention services.

Ryan Pesadin, representative for the Fire Fighters of East Contra Costa Fire, said the group did not want the California Department of Forestry to contract out jobs. The new numbers did not show the paramedic services that would be implemented as a further level of care. He felt CDF was lowering prices to secure the contract and extra prices would arise. The pay raise would be small now and firefighters would need to work three extra days per month.

Vincent Wells, District Representative for Union Leadership, said he and the Fire Fighters in East Contra Costa County were opposed to using the CDF option. There would be no local control, only state control, with the contract to CDF.

Barbara Guise spoke regarding the issues and costs, and said Discovery Bay and Knightsen had already chosen to go with CDF. With a contract, she believed the City would be secure. She did not want to see any firefighter loose their job and she asked Council to consider the citizens with regard to funding.

Council Member Gutierrez asked about the concerns over the loss of local control.

Mayor Swisher stated there was not local control; it was done through the County. The City would need to pay more money in order to gain local control and obtain the services wanted. The Fire Department would need to cut services back in order to make it on its own.

Council Member Brockman spoke regarding the fire sprinkler requirement. The City was struggling under the County governance. The City needed to be fiscally responsible.

Councilmember Beckstrand spoke regarding the policy pertaining to the number of firefighters inside and outside, the lack of coverage in the City, and the use of sprinklers.

Council Member Brockman said there would be a reasonable assessment of governance locally with CDF than there was now.

City Manager Landeros stated the City did not have a formal role at this time. It would return to Council for a formal recommendation to be made to the Board of Supervisors, and the Board would be under no obligation to accept the recommendation even if all East County cities recommend the same thing.

Councilmember Taylor said this was informational and there was no local control. More information would be provided. The numbers changed each time and he addressed Barbara Guise’s comments regarding the newly elected officials. He spoke regarding the importance of the issue as well as aging residents at Summerset. He said the new Council would do the right thing and take the right course.

INFORMATIONAL REPORTS FROM STAFF - None (08:01 PM)

17. Status Report on Escrows at Sunset Industrial Complex. (G. Rozenski)

18. Status Report on City Actions for Downtown. (G. Rozenski)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (08:01 PM)

Council Member Gutierrez said she would send out a written memo analysis regarding her work with the Habitat Conservation Plan (HCP) that would come before Council.

REQUESTS FOR FUTURE AGENDA ITEMS (08:01 PM)

Council Member Beckstrand commented Segment 3 of the Highway 4 Bypass was now under construction.

Council Member Brockman thanked staff for the memo and said the report on the downtown was fabulous and answered Council questions.

ADJOURNMENT (08:02 PM)

Motion: Approve adjournment.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

Respectfully submitted,

Cynthia Garcia, CMC
Assistant City Clerk
 

 

City Administration
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