CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, FEBRUARY 13, 2007
COUNCIL CHAMBER, 7:00 P.M.

CALL TO ORDER (5:30 PM)
Roll Call
Present: Becnel; Brockman; Richey; Stonebarger; Taylor

ADJOURN TO CLOSED SESSION - 150 City Park Way (5:31 PM)

1. City Council/Redevelopment Agency Closed Session pursuant to Government Code Section 54956.8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Properties: 7030 Brentwood Blvd., APN 016-010-016, and 200 Sunset Court, APN 016-010-015. Negotiating Party: Sylvia Amaral, representative for Dr. and Mrs. William Nielsen. City/Agency Negotiators: Gina Rozenski/Howard Sword. Under Negotiation: Price and terms of payment.

RECONVENE CITY COUNCIL IN OPEN SESSION - 734 Third Street, City Council Chamber (5:45 PM)

JOINT CITY COUNCIL/PLANNING COMMISSION WORKSHOP (6:00 PM) (06:00 PM)

Roll Call
Present: Becnel; Richey; Stonebarger; Taylor
Absent: Brockman

1. Sciortino Ranch Workshop (northeast and southeast corners of Brentwood Blvd. and Sand Creek Road).

ADJOURN PLANNING COMMISSION/RECESS CITY COUNCIL (06:55 PM)

Motion: recess City Council.
Moved by Taylor, seconded by Stonebarger.
Vote: Motion carried 4-0.
Yes: Becnel; Richey; Stonebarger; Taylor
Absent: Brockman

RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY - 734 Third Street, City Council Chamber (07:04 PM)

Roll Call
Present: Becnel; Brockman; Richey; Stonebarger; Taylor

REPORT ON CLOSED SESSION (if any) - None (07:05 PM)

PRESENTATIONS (07:05 PM)

B. Recognition of the City of Brentwood being named one of the 100 Best Communities for Young People. (B.Gary)

Poldina Scherff, Recreation Manager, said the City was chosen as one of the 100 best cities for young people because of the many innovative programs in place for children and youth.

Mayor Taylor said it was great to be honored as one of the top cities in the United States of America.

A. Certificates of Recognition to Derek Selph & Jacob Speer for attaining their Eagle Scout Awards.


Mayor Taylor presented certificates of recognition to Eagle Scouts, Derek Seiph and Jacob Speer, and said the youth of today are the leaders of tomorrow.

PUBLIC COMMENTS

Karen Rogge expressed concerns with regard to the Streets of Brentwood development located by the Highway 4 Bypass, at Shady Willow and Sand Creek. She suggested naming the development Brentwood Crossing.

Don Brand said he was concerned about a care facility. The house was close to a school and a church. He believed the home was a single-family residence instead of a business. Neighbors were also concerned and the police had been called. He asked how the business could be in a residental area, near a school and church.

Bob Atlas, Bristow Middle School Parents Club, invited Council to a dinner dance and auction at the Nines Restaurant, April 13, 2007, from 6:00 p.m. to 11:00 p.m.

CONSENT CALENDAR (07:22 PM)

1. Approved minutes of the City Council/Redevelopment Agency meeting held January 23, 2007. (M. Wimberly)

2. Approved request for Park & Recreation Commissioner Ernie Rodrigues to attend the California Parks & Recreation Society (CPRS) Annual Conference. (C. Bronzan/K. De Silva)

3. Approved the re-appointment of Sandra Myers to the Park and Recreation Commission for a three-year term expiring December 31, 2009. (C. Bronzan)

4. PULLED FOR DISCUSSION - Approve recommendation from the Parks and Recreation Commission of the naming of new park facilities. (K. De Silva/F. Errico)

5. PULLED FOR DISCUSSION - Approve the appointment of Gene Clare to the Tri Delta Transit Board of Directors for a term commencing February 13, 2007, and expiring December 31, 2011. (B. Taylor)

6. PULLED FOR DISCUSSION - Approve the request from Mayor Taylor to hold off-site City Council meetings at the Summerset communities, at dates and times to be determined, and approve a request for Mayor Taylor to hold a Mayor’s Town Hall Meeting to be held in the Community Center. (B. Taylor)

7. Adopted Resolution 2007-19 approving, granting and authorizing the City Manager or designee to execute an Easement to Pacific Gas and Electric Company and Pacific Bell Telephone Company (dba AT&T) across a portion of City owned property located south of Concord Avenue and east of Fairview Avenue, necessary as a part of the State Route 4 Bypass Segment 3. (B. Grewal/D. Galey)

8. Adopted Resolution 2007-20 to reject the bids received for Well #15, CIP Project No. 562-56310 and direct staff to readvertise, rebid the project and return to City Council for award of the contract. (B. Grewal/P. Eldredge)

9. Adopted Resolution 2007-21 approving and authorizing the City Manager or designee to execute a Deferred Improvement Agreement between Robert and Linda D. Mederos and the City of Brentwood for MS No. 350-05, located at 601 Gracie Lane, and directing the City Clerk to file the agreement with the Recorder of Contra Costa County. (B. Grewal/J. Ward)

10. Adopted Resolution 2007-22 approving and authorizing the City Manager or designee to execute the First Amendment to the Pond Maintenance Agreement with Shadow Lakes Golf, LP, for the Shadow Lakes Golf Course, and directing the City Clerk to file the Amendment with the Recorder of Contra Costa County. (B. Grewal/P. Eldredge)

11. Adopted Resolution 2007-23 accepting the bid and approving the purchase of a 10-wheel dump truck from East Bay Trucks; and authorizing the City Manager or her designee to execute a purchase order and necessary documents in an amount not to exceed $106,443.31. (B. Grewal/C. Ehlers/J. Gallegos)

12. Adopted Resolution 2007-24 approving the Contract Documents, awarding the Construction Contract and authorizing the City Manager to execute said Contract for the Downtown Parking Lot - Phase II (Old Police Station), CIP Project No. 337-37190 with Antioch Paving Company in the amount of $88,200, plus 10% contingencies. (H. Sword /R. Kidwell)

13. Adopted Resolution 2007-25 accepting the work performed by Marina Mechanical for Bid Package #4 - Mechanical/HVAC and Martinez Sheet Metal, Inc. for Bid Package #5 - Plumbing at 118 Oak Street for the 118 Oak Street Remodel, CIP Project No. 337-37130, and direct the City Clerk to file the Notices of Completion with the County Recorder. (H. Sword/R. Kidwell)

14. Adopted Resolution 2007-26 approving and authorizing the City Manager to sign an Agreement with PFM Asset Management, LLC for investment services. (P. Ehler/K. Breen)

15. PULLED FOR DISCUSSION - Receive Informational Report on Final Map Approval by the City Manager of Subdivision No. 8909, The Vineyards at Marsh Creek - Phase 5A, developed by Shea Homes. (M. Wimberly/B. Grewal/D. Boskovic)

16. PULLED FOR DISCUSSION - Receive Informational Report on Final Map Approval by the City Manager of Subdivision No. 8910, The Vineyards at Marsh Creek - Phase 5B, developed by Shea Homes. (M. Wimberly/B. Grewal/D. Boskovic)

CONSENT CALENDAR ACTIONS (07:23 PM)

Motion: Approve Consent Calendar Items 1 - 3 and 7 - 14 as recommended.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

4. Approve recommendation from the Parks and Recreation Commission of the naming of new park facilities. (K. De Silva/F. Errico)

Lanny Brown presented an overview of the policy and how the decision to name new parks facilities was reached.

Motion: Approve the recommendation from the Parks and Recreation Commission of the naming of new park facilities.
Moved by Taylor, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

5. Approve the appointment of Gene Clare to the Tri Delta Transit Board of Directors for a term commencing February 13, 2007, and expiring December 31, 2011. (B. Taylor)

Motion: Approve the appointment of Gene Clare to the Tri Delta Transit Board of Directors for a term commencing February 13, 2007, and expiring December 31, 2011.
Moved by Richey, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

6. Approve the request from Mayor Taylor to hold off-site City Council meetings at the Summerset communities, at dates and times to be determined, and approve a request for Mayor Taylor to hold a Mayor’s Town Hall Meeting to be held in the Community Center. (B. Taylor)

Motion: Approve the request from Mayor Taylor to hold off-site City Council meetings at the Summerset communities, at dates and times to be determined, and approve a request for Mayor Taylor to hold a Mayor’s Town Hall Meeting to be held in the Community Center.
Moved by Stonebarger, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

15. Receive Informational Report on Final Map Approval by the City Manager of Subdivision No. 8909, The Vineyards at Marsh Creek - Phase 5A, developed by Shea Homes. (M. Wimberly/B. Grewal/D. Boskovic)

Acted upon in connection with Item 16.

16. Receive Informational Report on Final Map Approval by the City Manager of Subdivision No. 8910, The Vineyards at Marsh Creek - Phase 5B, developed by Shea Homes. (M. Wimberly/B. Grewal/D. Boskovic)

Director of Public Works/Engineering, Bailey Grewal, responded to Council Member Richey’s request for a summary pertaining to the Informational Reports regarding both final map approvals for the Vineyards.

Motion: 15) Receive Informational Report on Final Map Approval by the City Manager of Subdivision No. 8909, The Vineyards at Marsh Creek - Phase 5A, developed by Shea Homes and 16) Receive Informational Report on Final Map Approval by the City Manager of Subdivision No. 8910, The Vineyards at Marsh Creek - Phase 5B, developed by Shea Homes.
Moved by Richey, seconded by Brockman.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

Don Miller, Summerset III, referred to an article in the Contra Costa Times regarding Shea Homes digging up Indian mounds on their property and removing the remains. He felt it was an injustice and said Shea Homes should have found a burial place close by to put the remains. The remains had been given to San Francisco State and San Francisco State did not know where the remains were. He felt Shea Homes did not do a good thing and believed Shea Homes should find the remains and bring them back.

Mayor Taylor requested staff to contact Shea Homes.

Director of Parks and Recreation, Craig Bronzan, said State Park archeologists had been working with Shea Homes archeologists and staff would check into the status of the situation and respond to Council.

NEW BUSINESS (07:36 PM)

17. Approve the return of the good faith deposit related to the termination of the real estate escrow for 2010 Elkins Way at Sunset Industrial Complex and direct staff on the method to select new buyer for 2010 Elkins Way. (H. Sword/G. Rozenski)

Council Member Brockman declared a conflict of interest, said he owned property adjacent to the item, and he left the Council Chamber.

Redevelopment Manager, Gina Rozenski, presented a staff report and recommended waiving the good faith deposit provision in the Purchase and Sales Agreement for 2010 Elkins Way, and to direct staff on a method to select a new buyer for the same property.
Council Member Richey requested the pros and cons regarding the three options presented as a method for selecting a buyer for the property.

Redevelopment Manager, Gina Rozenski, said there was a buyer interested in 2010 Elkins Way and had been offered another property. The requests for proposals could be a new way of starting out since properties were in different subareas. The second candidate was present and had indicated a desire to purchase the parcel.

Council Member Richey asked about sales price and its impact on prevailing wages.

Redevelopment Manager, Gina Rozenski, explained that prevailing wage was an hourly rate set for a particular skill set and was typically a union rate. It was set and determined by the State Department of Industrial Relations and was set for a certain region. State law required that with any public agency assisted project prevailing wages needed to be adhered to for the construction of the on-site improvements. Prevailing wages add 25 to 35 percent to the cost of the on-site improvements. The benefit received for a property reduced in price or any subsidy from a public agency, was wiped out by the cost of prevailing wages. Should Council wish to consider selling the property below fair market value, the cost associated with the staff time would be to monitor payroll and time sheets throughout the construction process through completion.

Per the request of Council Member Richey, Redevelopment Manager, Gina Rozenski, explained costs with regard to the transaction moving forward.

Council Member Becnel asked about the appraisal on the property and Redevelopment Manager, Gina Rozenski, said the appraisal would be equal to or higher than last year.

Mayor Taylor asked about the appraisal in relation to the economy and Redevelopment Manager, Gina Rozenski, said industrial properties sold between $8 and $10 per square foot.

Mayor Taylor asked about abiding by the appraisal should the property be sold, and Redevelopment Manager, Gina Rozenski, said the property should be sold at fair market value.

Mayor Taylor opened public comments.

Karen Kendall said she was the second business in position to obtain the property at 2010 Elkins Way. She explained what had happened since the year 2004 and she had tried to buy the property since that time. She referred to and read her letter and said she was ready able to move to 2010 Elkins Way. She requested to be chosen at the $7.50 per square foot, since this was only six months ago. She would like to see Mr. Vornhagen’s deposit returned but not at her expense. She needed the exposure of the lot and did not want to spend $87,000. She was ready to move forward and asked to be selected for 2010 Elkins Way and asked to work out the price.

Ralph Straus, SDG Architects, said he had worked with the Kendall’s through the application process regarding the property at the Sunset Industrial Park. He felt it was the same process Council went through six months ago when the site was allocated to the first place recipient. It had fallen out of escrow and the appropriate thing to do would be to allocate it to the second place candidate under the same terms and conditions and finish the process started one year ago. He felt Kendall Automotive was a great candidate because it would get them out of downtown and allow the corner to be used for a much higher use. He believed the City should allow the Kendall’s the opportunity to purchase the property.


Greg Robinson felt Gary and Karen Kendall were the most suitable candidates and the process was established to have the first and second place candidates selected. The time had come to use the option of the second candidate.

Kevin Vornhagen thanked everyone for helping him through the process. The property did not fit his needs and that was why he had stopped his process.

Mayor Taylor closed public comments.

Council Member Becnel felt potential purchase price on a piece of property should not be discussed in open session. Negotiating real property purchase should be a closed session item.

City Attorney, Damien Brower, said it would be the prerogative of the Council to consider the matter in a closed or open session.

Mayor Taylor asked to discuss returning the deposit.

Council Member Stonebarger asked what protection the City had if the appraisal came in below the $7.50 per square foot.

Director of Community Development, Howard Sword, said there was none and Council could consider leaving the deposit in escrow until the appraisal was final.

Council Member Stonebarger said it was Council responsibility to protect the City through the process and he asked to have the ability to protect the City in the event the appraisal came in lower. He felt it was all right to discuss the item in two different sessions.

Council Member Richey asked if it was an ongoing part of the process, and should the Kendall’s have the original purchase price of the property as opposed to a separate process.

Director of Community Development, Howard Sword, said that could be a consideration.

Council Member Richey said if a new appraisal was obtained, the property value was not likely to go up and it would be getting ahead of the process to order a new appraisal.

Council Member Becnel felt the two actions did not have to be linked. Real estate transactions fell out of escrow and most deposits were returned. He did not have a problem with returning the deposit to Mr. Vornhagen and believed the City would make it up on the next deposit.

Mayor Taylor did not have a problem returning the deposit and asked if the new party was to make a deposit.

Director of Community Development, Howard Sword, said the new party would have to make a deposit.

Mayor Taylor felt Mr. Vornhagen should get his money and the City would obtain a deposit from the new purchaser.

Council Member Richey said it would be prudent for Council to look out for the financial interests of the City and obtain financial verification that the property had increased in value before the money was refunded.

Director of Community Development, Howard Sword, said with the new information he agreed with Council Member Becnel that this was appropriate for a closed session.

City Attorney, Damien Brower, said with regard to the closed session discussion, Council would be limited on what could be discussed. Council could discuss a specific offer to a specific individual and not the entire program or different policy decisions. Policy discussion would need to occur in the open session. Closed session would be limited to the purchase of the property.

Council Member Becnel was in favor of returning the deposit to Mr. Vornhagen and adjourning the discussion of the sales price of the property into Closed Session.

Council Member Stonebarger said he was concerned about the appraisal value.

Mayor Taylor asked if the City could hold the money and for how long.

Director of Community Development, Howard Sword, said a possible closed session could inform Council of the risks of the return of the deposit.

Council Member Richey felt both matters were linked and the purchase price which could be discussed in a closed session, could have an impact on the return of the deposit.

Council Member Becnel did not agree, whether the City sold the property for less or more, the deposit would still be given back. Ordering an appraisal was a discussion for closed session and the City would still receive a deposit. The discussion was appropriate for closed session to determine the sales price.

City Attorney, Damien Brower, said that in response to Mayor Taylor’s question on whether there was a time limit to return the good faith deposit, he did not believe there was and this was a matter of the Council deciding whether they wished to waive the deposit based on the language of the contract. There was nothing in the contract that said the deposit needed to be returned or when Council would need to do that.

Mayor Taylor said he was in favor of returning the money and moving to the next transaction.

Motion: Waive the non-refundable deposit provision of the contract on Mr. Vornhagen’s property and return the deposit.
Moved by Becnel, seconded by Stonebarger.
Vote: Motion carried 3-1.
Yes: Becnel; Stonebarger; Taylor
No: Richey
Abstain: Brockman

Motion: Discuss the sale of the property at 2010 Elkins Way in a closed session, regarding terms and conditions, and sale price of the property.
Moved by Becnel, seconded by Stonebarger.
Vote: Motion carried 4-0.
Yes: Becnel; Richey; Stonebarger; Taylor
Abstain: Brockman

Council Member Brockman returned to the Council Chamber and joined the Council at the dais for Item 18.

18. Receive the General Fund Fiscal Analysis Model as prepared by Management Partners. (P. Ehler/K. Breen)

Director of Finance and Information Systems, Pamela Ehler, introduced Andy Belknap, Management Partners.

Andy Belknap, Management Partners, presented the fiscal model and spoke about the need for a fiscal model; how it would be used; the City’s future health; impact of growth; growth model; protect general fund revenues; expenditure growth; expense summary; staffing; fund balance; forecasting; and how did the City compare. The City’s fiscal outlook is optimistic and staff would annually update the model.

Council Member Richey asked how a downturn in development had an impact on the fiscal solvency of the model.
City Manager, Donna Landeros, said staff could take Council through the product and Finance could plug in assumptions and watch how it rolled through the data points.

Andy Belknap, Management Partners, said the model was designed to answer questions and could give the City a head start on making any adjustments that may be necessary.

Mayor Taylor said he was happy to see the City was financially stable. He asked if the information would be made available to the public.

Director of Finance and Information Systems, said the model would be made available to the public on the City website.

Council Members commended the Finance Department on the model.

City Manager, Donna Landeros, said she would be delivering a copy of the fiscal model to former Mayor, Brian Swisher, since he had requested the model be done. This was one of the most extensive fiscal models the City had ever done and was a huge accomplishment. Staff took the financial future of the City to heart and the model provided the tools to assure the community that their ongoing services were secure.

Council Member Brockman commented that 30 percent reserves was more than most cities carried and the purpose was that when development stopped, the City would be fiscally sound.

Motion: Receive and file the General Fund Fiscal Analysis Model as prepared by Management Partners.
Moved by Brockman, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (08:37 PM)

Council Member Richey said he attended the Neighborhood Improvement Committee kick off meeting. The Committee was considering the following issues: property owner accountability, a sufficient Municipal Code to deal with community problems; the Code Enforcement process; street trees, and beautification. Traffic calming was eliminated since the Committee felt there was a sufficient process in place. The Committee would meet with the new BANC leadership to include them in the process to see what their role would be.

Mayor Taylor had sent letter invitations to Congressman McNerney, Supervisor Mary Piepho, Supervisor Gayle Uilkema, new Supervisor Susan Bonilla to request that they tour the City. The responses were positive and he invited Council Members to participate on the tours.

REQUEST FOR FUTURE AGENDA ITEMS (08:42 PM)

A) Consideration of request from Mayor Taylor to have community groups lead the Pledge of Allegiance and presentation of colors.

A Council consensus was reached and Mayor Taylor moved to staff to make recommendations on how to accomplish the request.

B) Consideration of request from Vice Mayor Brockman to have an invocation at the start of each regular Council meeting.

A Council consensus was reached and Council Member Brockman suggested a sign up sheet for those wishing to lead an invocation at a Council meeting and requested staff to research and set up a procedure for implementation.

NEW COUNCIL REQUESTS (08:47 PM)

There were no new requests.

ADJOURNMENT (08:47 PM)

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

Respectfully submitted,

Cynthia Garcia, CMC
Assistant City Clerk