CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, MAY 22, 2007
COUNCIL CHAMBER, 7:00 P.M.

CALL TO ORDER 734 Third Street, Brentwood, CA 94513 (5:31 PM)

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

PUBLIC COMMENTS - None (5:31 PM)

At 5:32 PM, Council Member Brockman joined the Council at the dais.

Council Member Stonebarger announced should items 6 and 7 on the Closed Session agenda be discussed, he would recuse himself due to a financial conflict.

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

ADJOURN TO CLOSED SESSION (5:32 PM)

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

1. City Council Closed Session pursuant to Government Code Section 54956.9(c): CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Case name: One potential case

2. City Council Closed Session pursuant to Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATOR. Title: City Manager

3. City Council Closed Session pursuant to Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATOR. Title: City Attorney

4. City Council Closed Session pursuant to Government Code Section 54956.8 CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Property: Approximately a 1.26 acre portion of property at APN: 013-041-006. Negotiating Party: Liberty Union High School District. City Negotiators: Howard Sword/Donna Landeros/Bailey Grewal. Under Negotiation: Price and terms of payment.

5. City Council Closed Session pursuant to Government Code Section 54956.8 CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Property: APN 019-050-025. Negotiating Parties: Liberty Union High School District/Mission Peak Homes, Inc. City Negotiators: Howard Sword/Donna Landeros/Bailey Grewal. Under Negotiation: Price and terms of payment.

6. City Council Closed Session pursuant to Government Code Section 54956.8 CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Properties: a) An approximately 2 acre portion of property at APN: 010-160-009; b) An approximately 0.40 acre portion of property at APN: 010-160-018; and c) An approximately 1.84 acre portion of property at APN: 010-160-033. Negotiating Parties: a) Bret Aasen; Jo Ann Ghiggeri/Andrew Ghiggeri. City Negotiators: Howard Sword/Donna Landeros/Bailey Grewal. Under Negotiation: Price and terms of payment.


7. City Council Closed Session pursuant to Government Code Section 54956.8 CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Properties: a) An approximately 1 acre portion of property at APN: 010-160-017; b). An approximately ½ acre portion of property at APN: 010-160-018; Negotiating Parties:a) Glen Stonebarger/Jeannie Stonebarger and b) Jo Ann Ghiggeri/Andrew Ghiggeri. City Negotiators: Howard Sword/Donna Landeros/Bailey Grewal. Under Negotiation: Price and terms of payment.

RECESS CITY COUNCIL (6:50 PM)

RECONVENE CITY COUNCIL/CONVENE REDEVELOPMENT AGENCY - 734 Third Street, City Council Chamber (06:58 PM)
Roll Call
Present: Becnel; Brockman; Richey; Stonebarger; Taylor

REPORT ON CLOSED SESSION (if any) (06:59 PM)

PRESENTATIONS (06:59 PM)

A. Proclamation for Food Bank of Contra Costa and Solano (Lisa Clingman)

Lisa Clingman, Food Bank of Contra Costa and Solano, accepted the Proclamation and thanked Council for the awareness.

B. Update by Director Mickie Marchetti on REACH services in conjunction with Brentwood Police Department (Mark Evenson)

Mickie Marchetti, Director of REACH project, presented an update on REACH services such as working with young people regaridng personal and social responsibility, personal goal setting, leadership skills, parent involvement, alcohol and other drug abuse prevention and treatment.

PUBLIC COMMENTS (07:09 PM)

Victoria Pickett, Mother of Louis Straton, asked to obtain assistance from the community to find the person who took her son’s life at the Regal Theater in Antioch on March 16, 2007. She asked Council to assist with a donation for the reward of any information leading to the murder and asked asked to have the reward fund item placed on a future agenda.

Mayor Taylor said a request for discussion would be placed under future agenda items.

Catherine Chang said she represented the children in her neighborhood and requested speed bumps on Rosie Lane.

CONSENT CALENDAR (07:15 PM)

1. Approved minutes of the City Council/Redevelopment Agency meeting of May 8, 2007. (M. Wimberly)

2. Approved the appointment of Eileen Hofstadt to the Parks and Recreation Commission for a three year term expiring December 31, 2009. (C. Bronzan)

3. Received and filed informational report on final map approval by the City Manager of Subdivision No. 8906, Vineyards Phase 2B, developed by Shea Homes. (M. Wimberly/B. Grewal/J. Ward)

4. Accepted the resignation of Kiko Ceja from the Brentwood Youth Commission. (P. Scherff/B. Bary)

5. Refered the 2007/08 - 2011/12 Capital Improvement Program to the Planning Commission for Consideration of Conformance to the City’s General Plan. (P. Ehler/K. Breen)


6. Adopted Resolution 2007-106 amending City Council Administrative Policy No. 10-8, Employee Computer Loan Purchase Program. (P. Ehler/L. Ybarra)

7. Adopted Resolution 2007-107 approving Temporary Use Permit No. 07-08 to allow the Brentwood Chamber of Commerce the use of City right-of-way for the annual Cornfest, located within the downtown and affecting the closure of surrounding streets. (H. Sword/J. Strandberg)

8. Adopted Resolution 2007-108 certifying that the City of Brentwood is in compliance with the Measure C Growth Management Program and authorizing the City Manager or designee to execute the Growth Management Checklist for calendar years 2004 and 2005 for allocation of Measure C Local Street Maintenance & Improvement funds. (B. Grewal/S. Kersevan)

9. Adopted Resolution 2007-109 awarding the bid and approving and authorizing the City Manager or designee to execute a Construction Contract and necessary documents for the American Avenue Improvements, CIP Project No. 336-31681, with Granite Construction Company, in the amount of $219,243, plus a 10% contingency of $21,924.30, for a total amount of $241,167.30. (B. Grewal/F. Lideros)

10. Adopted Resolution 2007-110 accepting the work performed by Tidelands Construction Company for the Surface Water Treatment Facility - Phase I, CIP Project No. 562-56290 and directing the City Clerk to file a Notice of Completion with the County Recorder. (B. Grewal/P. Eldredge)

11. Waived second reading and adopted Ordinance 843 of the City Council of the City of Brentwood amending Title 7 (Parks and Recreation) of the Brentwood Municipal Code related to, among other provisions: Definitions; Use of Areas; Dog Park; Acts Prohibited; Advertising - Sale of Merchandise; Vendor Permits; Recreation; Organized Leagues; and Applicability of Other Laws/Penalties. (C. Bronzan/T. Homan)

12. Received and filed an informational report on a new monthly meeting date for the Brentwood Advisory Neighborhood Committee (BANC). (P. Scherff/B. Gary)

13. Agency - Approved RDA Warrant List dated May 22, 2007. (P. Ehler/L. Schelbert)

CONSENT CALENDAR ACTIONS (07:15 PM)

Motion: Approve CONSENT CALENDAR Items 1 - 13 as recommended.
The City Clerk read the title of Ordinance 843.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

PUBLIC HEARINGS (07:16 PM)

14. Continued public hearing to hear an appeal filed by Matt Ellison of K&E Properties of the Planning Commission’s effective denial of an amendment to an approved design review for the City Block retail center to allow for a four-way signalized intersection at the Balfour Road entrance. The center is generally located on the vacant land at the southwest corner of the intersection of Griffith Lane and Balfour Road, west of the In-Shape City fitness center. (H. Sword/D. Hill)

Associate Planner, Debbie Hill, presented a staff report regarding traffic and pedestrian access on Balfour Road at the City Block area. Staff had reviewed a traffic analysis and concluded that the addition of a signalized intersection at the City Block/Veteran’s Park area could cause negative impacts for east bound traffic on Balfour Road. Staff was in support of the Planning Commission’s effective denial and recommended denial of the appeal to Council.

Council Member Richey asked if there was any contingency for a left turn lane from eastbound Balfour Road into the City Block Center.

Associate Planner, Debbie Hill, said there was no direct left turn lane in from Balfour Road and the movement was accommodated at the intersection of Griffith Lane and Balfour Road, which had a signalized left turn and access would be provided at the Chevron/In Shape driveway.

Council Member Richey asked if the signage would be visible on eastbound Balfour Road toward Griffith Lane.

Associate Planner, Debbie Hill, said there were two monument signs, one on Balfour Road frontage, which would be on the west side of the City Block driveway, and the other was on the In-Shape side on Griffith Lane.

Council Member Brockman asked if the applicant was looking to continue the public hearing item.

Associate Planner, Debbie Hill, stated the applicant may be requesting a continuance.

Ralph Strauss, SDG Architects, spoke regarding the project He believed moving to an unprotected left turn would make the center viable and an additional signal would not be needed on Balfour Road. He asked for the Traffic Engineer to look at the possible solution and believed the neighbors at Rosegate would be satisfied. He asked for the public hearing to be continued.

Mayor Taylor asked if the item would it go back to the Planning Commission since Planning Commission had denied it or if Council decided the traffic conditions.

Assistant City Attorney, Karen Murphy, said the item was denied by the Planning Commission and provided options to Council.

Wade Gomes asked if the application for a signalized intersection was withdrawn by the applicant and if withdrawn, he had no issues.

Planning Manager, Heidi Kline, said staff would like to not pursue the signalized intersection and to look at an unsignalized, unprotected left turn pocket.

Mr. Gomes said he and his neighbors were opposed to a traffic signal and if that was being pulled off of the plate, he looked forward to the left turn pocket.

Ron Enos urged Council to look into the item and continue it. He felt access was important and asked to make the center as successful as possible. He was concerned about safety from Rosegate and would like to see a left hand turn lane.

Mike Pippin said the left hand turn lane would prevent u-turns. It was difficult to see see traffic, pedestrians and bicycle riders due to the shrubs when pulling out of Rosegate.

Council Member Becnel spoke about Mr. Ellison’s appeal, which requested reversing the Planning Commission’s decision regarding construction of a traffic signal and the need to further evaluate conditions on Rosegate and Balfour Road. He suggested closing the public hearing, denying the appeal as it related to the traffic signal, and referring the left turn lane back to the Planning Commission.

Council Member Brockman agreed with Council Member Becnel.

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

Council Member Richey felt the direction he had heard was the traffic signal was inappropriate and more evaluation was needed for a traffic plan associated with the left turn lane from the west bound pocket lane to allow access off west bound Balfour Road.

Council Member Becnel said he was not limiting the evaluation to anything other than the traffic signal and he felt it would be good if the evaluation came up with an appropriate solution that helped the applicant and dealt with neighborhood issues but it needed to be done at the Planning Commission.

Council Member Richey said rather than Council trying to provide direction, it needed to be deferred to the expertise of the Planning Commission.

Motion: deny the appeal with regard of construction of a traffic signal on Balfour Road at the City Block retail project and direct the matter of a left turn lane or some other appropriate remedy back to the Planning Commission for evaluation and decision.
Moved by Becnel, seconded by Richey.

Assistant City Attorney, Karen Murphy, recommended an additional clarification to the motion be that an additional Resolution be brought on the Consent Calendar for the next City Council meeting which addressed all the findings in terms of denying the traffic signal and referring it back to Planning Commission with the points noted.

Mayor Taylor said the application had been worked on for a long time and he didn’t want to tie it up.

Director of Public Works/City Engineer, Bailey Grewal, said it would depend on the applicant and their consultants and any revised plan or study would be looked upon as a priority. There may be another review or amended study and staff had not received anything new as of this date.

Motion: Amend the motion to reflect that staff needed to return to the next City Council meeting with a revised Resolution addressing findings, denying in part the left hand turn signal, and referring the evaluation of traffic impacts back to the Planning Commission, with regard to the appeal filed by Matt Ellison of K&E Properties of the Planning Commission’s effective denial of an amendment to an approved design review for the City Block retail center to allow for a four-way signalized intersection at the Balfour Road entrance. The center is generally located on the vacant land at the southwest corner of the intersection of Griffith Lane and Balfour Road, west of the In-Shape City fitness center.
Moved by Becnel, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

NEW BUSINESS (07:50 PM)

15. Adopt a Resolution determining that the public interest and necessity require the acquisition of certain land owned by Carol L. Shaver, at the site of the City’s proposed Adams Lane Extension Project, and directing the filing of eminent domain proceedings. (B. Grewal/M. Sullivan)

Director of Public Works/City Engineer, Bailey Grewal, presented a staff report and explained road circulation, Anderson Lane at Lone Tree Way and Anderson Lane at Grant Street and the City needed only one piece for the right of way acquisition to have the road under construction by the developer.

Mayor Taylor opened public comments.

Council Member Stonebarger asked if Mrs. Shaver had been contacted.

Director of Public Works/City Engineer, Bailey Grewal, said The developer had negotiated with the property owner and they were unable to come to a final agreement and had requested, under the Subdivision Map Act, that the City shall acquire or start negotiations. The City had done the appraisal of the property and had made an offer, and had not had a response from the property owner.

Council member Stonebarger asked if a subsequent letter was sent.

Director of Public Works/City Engineer, Bailey Grewal, said a letter of offer had been sent and a notice of the public hearing and the Resolution of Necessity item, and staff had not heard anything from the property owner.

Motion: Adopt Resolution 2007-111 determining that the public interest and necessity require the acquisition of certain land owned by Carol L. Shaver, at the site of the City’s proposed Adams Lane Extension Project, and directing the filing of eminent domain proceedings.
Moved by Brockman, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

16. Adopt a Resolution approving and authorizing the City Manager to execute a Professional Services Agreement with Maze and Associates as the City’s independent external audit firm for the fiscal years ending June 30, 2007 through June 30, 2009 (P. Ehler/K. Breen)

Accounting Manager - Business Services Manager, Kerry Breen, said the Finance Department had undergone a competitive request for proposal process and after examining creditials and interviewing, the auditing firm of Maze & Associates had been chosen. The firm would work directly for the Council.

Amy Meyers, Maze and Associates, said the firm exclusively audited municipalities since 1986 and looked forward to working with staff.

Mayor Taylor said he felt it was important to meet with the auditors and he asked when Finance would be reporting since this was a two year contract.

Director of Finance and Information Systems, Pam Ehler, said Council would see the firm after the audit when Finance brought the CAFR in November or December and the firm would start on May 29, 2007.

Mayor Taylor requested public comments.

Council Member Richey supported the idea of an audit.

Motion: Adopt Resolution 2007-112 approving and authorizing the City Manager to execute a Professional Services Agreement with Maze and Associates as the City’s independent external audit firm for the fiscal years ending June 30, 2007 through June 30, 2009.
Moved by Becnel, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

17. Discuss and provide direction to staff regarding which Council Members are interested in attending courses provided by the Federal Emergency Management Agency (FEMA). (Mayor Taylor)

Assistant City Manager, Karen Chew, said the item was on the agenda at the request of Mayor Taylor, as requested at the last City Council meeting. Mayor Taylor had asked for a list of courses offered by Federal Emergency Management Agency for elected officials. Staff requested direction from Council as to which Council Members were interested in attending the training as the deadline to sign up was June 30, 2007.

Mayor Taylor requested public comments.


Mayor Taylor asked about expenses to the City.

Assistant City Manager, Karen Chew, said there was no expense for the course fee and some travel was reimburseable. The cost of the meals was on the City.

Mayor Taylor said he would like to attend the training and felt Council Members should be given the opportunity.

Council Member Richey said he felt Council owed it to the community to be prepared for any kind of natural disaster and the Federal Government would reimburse everything with the exception of meals.

Council Member Stonebarger agreed with Council Member Richey.

Mayor Taylor suggested Council Members wishing to attend should get the dates of the courses they wished to attend.

Assistant City Manager, Karen Chew, asked Council to let her know by June 30, 2007.

Motion: direct staff to assist Council Members in arranging any of the Federal Emergency Management Agency (FEMA) courses.
Moved by Richey, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (08:06 PM)
Council Member Stonebarger reported on an Agricultural Enterprise Committee meeting.

Council Member Brockman reported two easements had been brought forward to the Agricultrual Enterprise Committee.

Council Member Richey had attended the initial East Contra Costa County Habitat Conservancy.

Council Member Brockman reported on the Farmer’s Market success and the Vasco Task Force meeting.

Mayor Taylor reported on the Farmer’s Market ribbon cutting and ride along with the Police Department.

REQUEST FOR FUTURE AGENDA ITEMS:

Council Member Brockman asked the request by Victoria Straton for a program to offer rewards and other grant requests be placed on the agenda for discussion.

A) Consideration of request from Mayor Taylor to have staff research the City’s ability to limit the sale of toy guns in areas around schools.

Mayor Taylor said it only took one incident and it needed to be looked at. Children needed to know they could not bring a gun on campus and it was wrong to sell a replica gun in front of a school and should be prohibited.

Council Member Brockman suggested looking into the School District’s policy and compare it to what the City had and the issue may be enforceable within their policy and the City might not need to do anything.

Following City Council discussion, there was concurrence that staff time and resources be spend to research the issues.

Motion: Expend staff resources to do additional research on the matter.
Moved by Brockman, seconded by Richey.
Vote: Motion carried 4-1.
Yes: Brockman; Richey; Stonebarger; Taylor
No: Becnel

ADJOURNMENT (08:27 PM)

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

Respectfully submitted,

Cynthia Garcia, CMC
Assistant City Clerk