CITY OF BRENTWOOD
COUNCIL/RDA REGULAR 12/12/2006 MINUTES
TUESDAY, DECEMBER 12, 2006
COUNCIL CHAMBER, 7:00 P.M.

CALL TO ORDER - 734 Third Street, Council Chamber (07:12 PM)

Roll Call
Present: Becnel; Brockman; Richey; Taylor.
Vacancy: One.

AGENDA REVIEW - None (07:13 PM)

CITIZEN COMMENTS (07:13 PM)

Ike Montanez congratulated the new Mayor and City Council Members and invited Council to Las Posadas 2006, sponsored by the Village Community Resource Center, to be held December 16, 2006, at Garin School from 5:30 p.m. to 10:00 p.m.

Rick Lemyre, Brentwood Regional Community Chest, said the annual holiday basket packing would be held at Brentwood Elementary School, 200 Griffith Lane, December 15, 2006, from 5:00 p.m. to 9:00 p.m. and there would be a pancake breakfast December 16, 2006, at 7:00 a.m.

CONSENT CALENDAR (07:16 PM)

1. PULLED FOR DISCUSSION - Approve public art designs and concepts by Eric Powell for public art elements in the primary entry park at Prewett Ranch, Subdivision #8954. (C Bronzan/R. Burr-Siegel)

2. Received and filed report on reimbursement for attendance at East County Economic Conference. (D. Landeros)

3. Accepted Redevelopment Agency’s Blight Progress Report, Property Report and Housing Activities Report for Fiscal Year Ending 2006. (H. Sword/G. Rozenski)

4. Adopted Resolution 2006-289 accepting the work performed by Talus Construction, Inc., for Sarah Street Water Distribution System Improvements, CIP Project No. 562-56350, and direct the City Clerk to file a Notice of Completion with the County Recorder. (B. Grewal/C. Ehlers)

5. Adopted Resolution 2006-290 approving and authorizing the City Manager to execute Amendment No. 1 to the Reimbursement Agreement with Mission Peak Homes, Inc. for Subdivision No. 8470, located at the southeast corner of Lone Tree Way and Empire Avenue for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

6. Adopted Resolution 2006-291 accepting off-site Shady Willow Lane public improvements (a portion of CIP Project No. 336-31430) constructed as a part of Arbor Ridge Apartments, Design Review No. 02-11, located south of Lone Tree Way and east of Shady Willow Lane. (B. Grewal/D. Galey)

7. Adopted Resolution 2006-292 accepting offers of dedication and improvements for William Lyon Homes Subdivision No. 8424, located north of Chestnut Street and east of Garin Parkway. (B. Grewal/D. Galey)

8. Adopted Resolution 2006-293 approving and authorizing the City Manager to execute a Reimbursement Agreement with Richmond American Homes of California, Inc., Tentative Subdivision Map No. 8674, consisting of 180 units, located at the northwest corner of Lone Tree Way and O’Hara Avenue for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

9. Adopted Resolution 2006-294 accepting the work performed by California Retaining Walls for the Tuscany Soundwall Extension, CIP Project No. 336-31590, and directing the City Clerk to file the Notice of Completion with the County Recorder. (B. Grewal/P. Eldredge)

10. Adopted Resolution 2006-295 approving a Contract Change Order with Marina Mechanical to provide and install 1.5 ton zone mechanical unite for rear portion of the building, CIP Project No. 337-37130, in the amount of $8,300, plus a 10% contingency and authorizing the City Manager to execute said Amendment and related change order documents. (H. Sword/R. Kidwell)

11. Adopted Resolution 2006-296 approving Temporary Use Permit No. 06-23 to allow USA Network’s "Character Road Trip" the use of City-owned property for the shooting of a segment spotlighting a local character of interest affecting the closure of streets in the downtown on Thursday, December 14, 2006 from 12:00 noon to 3:00 pm. (H. Sword/T. Nielsen)

12. Agency - Adopted Resolution RDA-119 approving a Purchase and Sale Agreement with Roberta Jean Garin, Elsie Jane Dill, Beverly Ann Bray, and Christina Hassler, or their authorized representative, for real property identified as 3740 Walnut Boulevard, APN 012-170-006, accepting real property on behalf of the Redevelopment Agency and authorizing the Redevelopment Agency’s Executive Director and Agency Secretary 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; and to amend the Redevelopment Agency’s 2006-07 Budget. (H. Sword/G. Rozenski)

Council Member Becnel abstained on Item 12 due the proximity of his office to the subject property.

CONSENT CALENDAR ACTIONS (07:16 PM)

Motion: Approve Consent Calendar Items 2 - 12 as recommended. Item 1 pulled for discussion and Council Member Becnel abstained on Item 12 due to the proximity of his office to the subject property.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 4-0.
Yes: Becnel; Brockman; Richey; Taylor.
Vacancy: One.

1. Approve public art designs and concepts by Eric Powell for public art elements in the primary entry park at Prewett Ranch, Subdivision #8954. (C Bronzan/R. Burr-Siegel)

Artist, Eric Powell, said he had been chosen through Brentwood Arts Commission to do the public art feature for Suncrest Development.

Council Member, Brandon Richey, asked what kind of input was sought from the surrounding community for the art project.

Arts Manager, Rebekah Burr-Siegel, explained the art program was divided into the two categories of capital improvement projects and residential projects for developers. Sometimes the development was new and there were no residents. If there were residents there, they would have been included in the process.

Artist, Eric Powell, said he had been the chosen artist through the Arts Commission to do the the public art feature for the Suncrest Development.

Council Member Richey asked what type of input was requested from the surrounding community for the art project.

Arts Manager, Rebekah Burr-Siegel, explained explained the development was new and there were no residents to be invited into the process. The Public Art Committee contained two members of the public, which were invited into the process.

Council Member, Brandon Richey, said the residents did not have the opportunity for input into the process.

Rebekah Burr-Siegel said that was correct.

Council Member Richey said the project had called for a gazebo and bridge railing and it seemed the project was a departure from the original plan.

Artist, Eric Powell, explained in the original plan, a gazebo was called for and the concept had been inspired by the flow of water.

Arts Manager, Rebekah Burr-Siegel, said the project was originally to be Kincaid style, and the developer had approached the Arts Commission with the concept and they later said they preferred not to go that route. The Arts Commission went with the pre-approved artist selection and drew some metal artists out of that, and would still work with the same components within the style.

Motion to Approve public art designs and concepts by Erick Powell for public art elements in the primary entry park at Prewett Ranch, Subdivision #8954.
Moved by Becnel, seconded by Richey.
Vote: Motion carried 4-0.
Yes: Becnel; Brockman; Richey; Taylor.
Vacancy: One.

NEW BUSINESS (07:25 PM)

13. Consideration of options to fill a vacancy on the City Council pursuant to Government Code 36512, including possible appointment and swearing in of new Council Member. (D. Landeros/D. Brower/M. Wimberly)

City Attorney, Damien Brower, presented a staff report and explained options to the Council. He said Council must decide by January 11, 2007, to either call a special election or appoint someone to the vacant position left by Council Member, Bob Taylor.

Mayor Taylor requested public comments.

Steve Barr welcomed new Council Members and asked Council to consider not holding a special election. He believed there had been a number of great candidates from the election for appointment and he asked Council to consider that as an option to fill the vacancy.

Mark Underwood congratulated new Council Members and said he felt a special election would be a waste of funds. The people should make the decision of who should fill the final seat and he believed the people had already spoken. It was fair for the person who came in third to fill the seat and he asked that Erick Stonebarger be appointed.

Mayor Taylor closed citizens comments.

Mayor Taylor said he was not in favor of a special election and felt the voters had already spoken in the election. He believed the third highest vote getter should be appointed.

Council Member Brockman said both the third and fourth vote getters would do a fine job and spoke in support of the third highest vote getter.
Council Member Becnel said having a special election was not appropriate and both the third and fourth highest vote getters were very qualified.
Motion to appoint Erick Stonbarger to fill the vacancy on the City Council pursuant to Government Code 36512.
Moved by Becnel, seconded by Brockman.
Vote: Motion carried 4-0.
Yes: Becnel; Brockman; Richey; Taylor.
Vacancy: One.

City Clerk, Margaret Wimberly, administered the Oath of Office to new Council Member, Erick Stonebarger.

Present: Becnel, Brockman, Richey, Stonebarger, Taylor.

14. Selection of a Vice Mayor.

City Attorney, Damien Brower, presented a staff report and said the Vice Mayor presided over Council meetings in the absence of the Mayor and assisted the Mayor in his duties and would serve for a two year term.

Mark Underwood spoke in support of appointing Council Member Brockman as Vice Mayor.

Mayor Taylor closed citizen comments.

Mayor Taylor said he was in favor of Council Member Bob Brockman as Vice Mayor.

Council Member Richey felt Council Member Brockman’s experience was valuable and he was in support of Council Member Brockman as Vice Mayor.

Council Member Becnel deferred.

Council Member Stonebarger said Council Member Brockman would do a great job as Vice Mayor.

Motion to appoint Bob Brockman as Vice Mayor.
Moved by Stonebarger, seconded by Richey.
Vote: Motion carried 4-1.
Yes: Brockman; Richey; Stonebarger, Taylor.
No: Becnel.

PUBLIC HEARING (07:40 PM)

15. Consideration of a Resolution approving the Final Engineer’s Report, and confirming the formations and annexations within Consolidated Landscape & Lighting Assessment Districts for the Mid Year Fiscal Year 2006/2007. (B. Grewal/D. Galey)

Management Analyst, Debra Galey, presented a staff report and said an Engineer’s Report had been prepared identifying maintenance costs and resulting maximum annual assessment per parcel for six new projects. Each property owner had been provided a notice and ballot and a majority vote would form the districts. After formation, staff would return to Council each year with actual maintenance budgets and annual assessments for the districts. At the conclusion of the public hearing, the ballot results would be provided to Council for action.

Mayor Taylor opened the public hearing. Receiving no public input, he closed the public hearing and directed the City Clerk to conduct the election and tabulate ballots.

Management Analyst, Debra Galey, stated that 100 percent of the ballots had been returned with yes votes.

Motion to Adopt Resolution 2006-297 approving the Final Engineer’s Report, and confirming the formations and annexations within Consolidate Landscape & Lighting Assessment District for the Mid Year Fiscal Year 2006/2007.
Moved by Brockman, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel, Brockman; Richey; Stonebarger, Taylor.

INFORMATIONAL REPORTS FROM STAFF - No action required (07:43 PM)

16. Informational Report on Subdivision No. 8674, Steeplechase, developed by Richmond American Homes, located at the northwest corner of Lone Tree Way and O’Hara Avenue; Final Map Approval. (M. Wimberly)

17. Informational Report on Subdivision No. 9151, The Vineyards at Marsh Creek, developed by Shea Homes, located southeasterly of Vineyards Parkway; Final Map Approval. (M. Wimberly)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (07:44 PM)

Mayor Taylor spoke about the success of the Contra Costa County Mayor’s conference held in the City.

REQUESTS FOR FUTURE AGENDA ITEMS (07:45 PM)
Council Member Brockman requested an invocation be allowed to be presented at the beginning of the meeting. He had been approached by Cub Scouts who had requested they present colors at a meeting.

Council Member Becnel requested staff look at the upkeep and care of properties in the City and review the current ordinance. He asked to examine Code Enforcement options and whether the Municipal Code appropriately dealt with the issues and to find out what comparable communities were doing to deal with the issue.

Mayor Taylor asked about having the Boy and Girl Scouts involved in colors since they obtained merit badges and credits. He had received e-mails from students asking for public service and said they would be routed to Director of Parks and Recreation, Craig Bronzan.

City Manager, Donna Landeros, said adults and organizations also e-mailed the City for public service and they were sent to Director Bronzan.

ADJOURNMENT (07:51 PM)

Motion to Adjourn.
Moved by Becnel, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel, Brockman; Richey; Stonebarger, Taylor.

Respectfully submitted,

Cynthia Garcia, CMC
Assistant City Clerk