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CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, SEPTEMBER 25, 2007
COMMUNITY CENTER, 730 THIRD STREET, BRENTWOOD, CA 94513
7:00 P.M.

CALL TO ORDER CALL TO ORDER CITY COUNCIL/REDEVELOPMENT AGENCY (7:00 PM)

PLEDGE OF ALLEGIANCE (7:01 PM)

INVOCATION – Associate Pastor Tyrone Holmes, Mountain View Christian Center (7:02 PM)

ROLL CALL (7:04 PM)
Roll call
Present: Becnel, Brockman, Richey, Stonebarger, Taylor

PRESENTATIONS - (7:05 PM)

A. Proclamation - Life Insurance Awareness Month

Frederick Granados accepted the proclamation regarding Life Insurance Awareness Month.

PUBLIC COMMENTS – None (7:07 PM)

CONSENT CALENDAR (7:08 PM)

1. Approved minutes of the City Council/Redevelopment Agency meeting of September 11, 2007. (M. Wimberly)

2. Approved the appointment of C. C. Ahluwalia to the City of Brentwood Youth Commission for a term expiring June 30, 2008. (P. Scherff/T. Burt)

3. Approved request for Park and Recreation Commissioner Ernie Rodrigues to attend the Fall Board Meeting for California Association of Park and Recreation Commissioners and Board Members. (C. Bronzan/K. De Silva)

4. Set the date of October 9, 2007, to hear an appeal filed by Sal Rahmany of the Planning Commission’s effective denial of a conditional use permit (CUP 07-18) to allow a check cashing and money transfer business known as Quick Check Cashing Store, in an approximate 1,257 sq. ft. tenant space located at 6660 Lone Tree Way, suite 6, within Lone Tree Center. (H. Sword/J. Strandberg)

5. Adopted Resolution 2007-212 approving and authorizing the City Manager or designee to execute a purchase order and necessary documents for the purchase of a Regenerative Air Street Sweeper from GCS Western Power & Equipment Company in an amount not to exceed $181,604.53 and amending the Equipment Replacement Fund Budget in the amount of $21,359. (B. Grewal/ C. Ehlers/ J. Gallegos)

6. Adopted Resolution 2007-213 adopting a new set of implementation guidelines for Chapter 17.730 of the Brentwood Municipal Code as recommended by the standing Agricultural Enterprise Committee. (H. Sword/L. Maurer)

7. PULLED FOR DISCUSSION - Adopt a Resolution accepting park and trail improvements for Subdivision No.8833, S & S Farms Phase IV, located on the west side of O’Hara, south of Grant Street and north of Sand Creek Road by Brentwood Sand Creek Partners, LLC. (K. De Silva/F. Errico)
8. PULLED FOR DISCUSSION - Adopt a Resolution approving and authorizing the City Manager or designee to execute a Professional Services Agreement with GIS Planning Inc. in an amount not to exceed $29,900 for a web-based site selection and property locator tool called ZoomProspector. (H. Sword/C. Holman)

9. Adopted Resolution 2007-214 approving and authorizing the City Manager or designee to execute Amendment No. One to the Professional Services Agreement with Vali Cooper & Associates, Inc. for Construction Inspection Services in the amount of $57,600, plus a 10% contingency of $5,760, for a total amount of $63,360. This amendment will bring the total contract amount to $102,600, plus a 10% contingency, for a total amount of $112,860. (B. Grewal/A. Salam)

10. Adopted Resolution 2007-215 accepting the public water main line constructed by Home Depot, Inc. as part of Lone Tree Plaza, Design Review No. 01-30/Subdivision No. 8515, located at the southeast corner of Lone Tree Way and Heidorn Ranch Road. (B. Grewal/D. Galey)

11. Adopted Resolution 2007-216 approving and authorizing the City Manager or designee to execute a Deferred Improvement Agreement between George E. Clemons, Barbara Clemons, Hazel Exie Clemons and the City of Brentwood for MS No. 355-06, located at 1740 and 1800 Lone Oak Road, near the northeast corner of Lone Oak Road and Gracie Lane. (B. Grewal/D. Boskovic)

Council Member Becnel abstained.

12. Waived second reading and adopted Ordinance 847 amending in its entirety Chapter 2.44 of Title 2 of the Brentwood Municipal Code entitled “Arts Commission” with a new Chapter 2.44 entitled “Arts” (C. Bronzan)

Redevelopment Agency

13. Redevelopment Agency - Adopted Resolution RDA-131 to adopt a Replacement Housing Plan for 200 Sunset Court. (H. Sword/G. Rozenski)

CONSENT CALENDAR ACTIONS – (7:09 PM)

Motion: Approve Consent Calendar Items 1 – 13 as recommended, except for Items 7 and 8. Council Member Becnel abstained on Item 11.
Moved by Becnel, seconded by Stonebarger
The City Clerk read the title of Ordinance 847.
Vote: 5 – 0
Yes: Becnel, Brockman, Richey, Stonebarger, Taylor
Absent: None

ITEMS PULLED FROM CONSENT CALENDAR (7:10 PM)

Item 7 Adopt a Resolution accepting park and trail improvements for Subdivision No.8833, S & S Farms Phase IV, located on the west side of O’Hara, south of Grant Street and north of Sand Creek Road by Brentwood Sand Creek Partners, LLC. (K. De Silva/F. Errico)

Motion: Continue Item 7 to the meeting of October 9, 2007.
Moved by Brockman, seconded by Becnel.
Vote: 5 – 0
Yes: Becnel, Brockman, Richey, Stonebarger, Taylor
Absent: None

Item 8 Adopt a Resolution approving and authorizing the City Manager or designee to execute a Professional Services Agreement with GIS Planning Inc. in an amount not to exceed $29,900 for a web-based site selection and property locator tool called ZoomProspector. (H. Sword/C. Holman)

Council Member Brockman had questions about spending on the web based tool. He asked the item be referred to the Land Use Committee first to determine necessity.

Economic Development Manager, Linda Maurer, said the Land Use and Development Committee had the purview of discussing economic development issues, housing redevelopment, general community development, and planning issues. The Economic Development division felt it was an important marketing tool and there were basic services that could be leveraged, and there was nothing to the extent that this program offered the City. She suggested demonstrating the product for the Land Use and Development Committee to show how the program provided a unique opportunity for the City to market the community to the Bay Area Region and wider economic opportunities for the City.

Motion: Refer Item 8 to the Land Use and Development Committee
Moved by Brockman, seconded by Stonebarger
Vote: 5 – 0
Yes: Becnel, Brockman, Richey, Stonebarger, Taylor
Absent: None

PUBLIC HEARINGS (7:14 PM)

14. Consideration of two ordinances accepting and approving rate studies and adopting revised monthly user charges for water and wastewater rate structure for Fiscal Years 2007/08 to 2012/13 and subsequent fiscal years effective November 9, 2007. (P. Ehler/B. Grewal/P. Eldredge)
Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, presented a power point presentation and staff report regarding the proposed water and wastewater increases. He explained the process leading up to the public hearing, the majority protest process and revenues and expenditures for enterprise accounts. He said State law required that revenues could not exceed the cost of the service and could not be used for any other purpose other than providing the service. He explained why the increase was necessary and said the net increase to a residential customer paying the maximum amount would be $2.38 a month with the proposed rates. Combined with average water usage and average water increase, there would be a total monthly increase of $4.02 for both accounts with the proposed rates.
Council Member Richey asked about being able to send in protests via email.
Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, said the primary reason was to prevent fraud in the majority protest process. It would be difficult to verify addresses for each parcel, as one protest for each legal parcel would be accepted, which was why protests were not accepted via email.
Council Member Richey said the City was required as the service provider to produce a certain amount of revenue and absent producing revenue, there would need to be cutbacks in the program.
Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, said that was correct and since these were enterprise accounts, they needed to fully fund themselves. Revenues collected had to meet the expenditures. If there were not sufficient revenues to provide the level of service, the level of service would need to be scaled back to accommodate the incoming revenue stream.
Council Member Richey asked what that would entail and Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, responded it could entail cutting staff to minimizing some of the current services provided, such as sewer lateral maintenance.
Council Member Richey said he felt if the money was not produced and cutbacks made, the impact was negative.
Mayor Taylor said the City was not in the profit making business.
Director of Finance and Information Systems, Pam Ehler, explained in the two previous years, the wastewater enterprise had gone into reserves. Over the next two years, the enterprise revenues would not be able to exceed expenditures. The water was within reach of the goal, which was a 30 percent reserve and there was also the new plant the City was preparing for, and capital expenditures.
Council Member Richey asked how the City was on compliance with current testing and if water was meeting Federal and State standards.
Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, said the City was meeting or exceeding all standards imposed upon both enterprises.
Council Member Richey asked about lack of revenue and if the water quality could be affected.
Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, said the City could potentially be affected and could seek ways to cut costs if potential revenues were not coming in. The City could explore cheaper water and expanding groundwater resources. The City utilized groundwater and as it continued to grow, more surface water would be utilized. Surface water was higher priced and the treatment was expensive
Mayor Taylor asked staff to explain what type of water the City used to water the parks with.
Parks and Recreation Landscape/Facilities Manager, Ken De Silva, said over half of the park facilities were watered with non potable water from East Contra Costa Irrigation District. As infrastructure increased, the City was looking at connecting the other facilities to a raw water source and reclaimed water from the sewage treatment plant.
Mayor Taylor asked about water quality.
Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, said the water source in the City had been groundwater and tended to be rather hard, although it met all Federal and State health and safety standards. The City had secured a surface water supply and constructed a water treatment plant and the water from the water treatment plant, was better than the water from the ground so the water quality would be better.
Council Member Stonebarger asked what percentage the City received from surface water versus groundwater and when would the water treatment plant be online.
Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, said water treatment plant was under construction and staff anticipated the plant would be making water in June 2008. Once the new facilities were online, the new facility would out-produce the well capacity three times over. At build-out of the City, the maximum day demand would be 41 million gallons per day, 36 of which would be produced by surface water and 6 million gallons from the wells, for a total of 42 million gallons per day. In 2007, the City had 85,599,900 gallons of well water and surface water 410,429,000 gallons of water.
Council Member Brockman asked if using more surface water would improve the quality of water.
Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, said that it would. The water from the water treatment plant ranged from 75 – 110 milligrams per liter and well water ranged from 400 and 750 milligrams per liter.
Mayor Taylor said the City was following Federal and State guidelines.
Mayor Taylor opened the public hearing.
Mark Holt said he would not mind paying extra for water if the quality was good, and he expressed concerns about water quality. He asked if there had been an email form put out to the public to mail in.
Devonie Mendonca expressed concerns about water quality and said she was opposed to the water rate increase and spoke about the rates of other entities.
Dan Boatwright, representative for owners of Roddy Ranch, said Roddy Ranch received raw water through the City and it would be an increase of about 80 percent. He spoke about ECCID and PG&E costs, pump maintenance costs, replacement costs on pumps and motors, and pipeline maintenance. He asked that Proposition 218 be followed and charge costs incurred by the City.
Kaye Roze spoke in opposition to the fee increase and asked Council to consider providing financial assistance and a financial program for people to landscape yards in a water-conservative way.
Gayle Servin expressed concerns about water quality and said she was in opposition to the fee increase.
Mark Underwood said he felt people should be able to file a formal protest via email and he asked research be done to allow email use for official protest letters.
Janet Bledsoe spoke about water quality, said she was in opposition to the fee increase, and asked that financial assistance be given to those with fixed incomes.
Joe Grcar spoke about water rates over the years and expressed his opposition to the fee increase.
John Mueller spoke about water quality and spoke in opposition to the fee increase.
Vice Mayor Brockman asked the audience if there were any other protest letters to be submitted to the Council. Receiving none, he requested the City Clerk to tabulate the protests.
Motion: Close the public hearing.
Moved by Brockman, seconded by Bencel
Vote: 5 – 0
Yes: Becnel, Brockman, Richey, Stonebarger, Taylor
Absent: None
Council Member Richey asked if the tiered rates would reward those who were conserving water and charge those using higher amounts more.
Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, said that was what the tiered rate structure did. Those consuming the largest amounts of water placed a higher demand on the water system and more infrastructure was built and more maintenance and operation personnel were provided to perform the service.
Council Member Richey asked about a lifeline program for those on fixed or low income.
Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, said the City currently had an assistance program for water rates, enacted in 1991, and provided for a discount on the base rate.
Vice Mayor Brockman asked about the raw water issue.
Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, said with regard to Roddy Ranch, the pipeline and pump station was constructed by the original developer of the Roddy Ranch property and was turned over to the City for operations and maintenance, since 1998 or 1999. The rates as currently charged took into account the water and power associated with getting the water to the various users, with Roddy Ranch being one user. Going through raw water service from an ECCID water standpoint and also the treated water from the Waste Water Treatment Plant, it had been determined the rates did not include replacement, operations, billing, and other items as mentioned by Mr. Boatwright. Staff felt costs to maintain the pipeline and pumps could be included in the rates and the provisions of Proposition 218 had been met by readjusting rates.
Vice Mayor Brockman asked if staff would be building reserves for the future replacement.
Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, said that was appropriate.
Mayor Taylor asked about Bay Point private water.
Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, said Bay Point was a private water company governed by the Public Utility Commission and rules and regulations needed to be followed.
Mayor Taylor asked staff to address the email issue and asked about fixed and low income and how to help people.
City Manager, Donna Landeros, explained low and fixed income and said the City had provided for low income seniors and disabled people. One of the compliance issues of Proposition 218 was the noticing requirement the City had gone through as part of the rate structure, and the other compliance issue was a subsidy program for low income people, which would need to be approved by the ratepayers.
Vice Mayor Brockman asked if the item would be placed on the ballot for a vote.
City Manager, Donna Landeros, said it would.
Mayor Taylor said if there were hardships, the City needed to do whatever it could to assist people and he requested staff look into an assistance program. He spoke about the quality of the water and asked how it would be taken care of.
Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, said the surface water, which the City would be using more of, was significantly of better quality than the groundwater that had been used.
Mayor Taylor asked to make water quality and hardship assistance priorities.
Vice Mayor Brockman felt the City was being proactive in looking at the costs and new legislation by Proposition 218 mandated the public be notified of the rate change, which had not been done before since it had not been required. The wastewater fund was running in the red and the City needed to be financially responsible by increasing the rate a small amount and recoup the losses of the last two years. Part of the goal was to increase the quality of water and he was in support of spending more if the water quality was increased with the new treatment plant. He asked staff to look into emailed responses from citizens.
Council Member Stonebarger asked where the City was with well water and surface water seven years ago.
Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, stated approximately 60 percent well water on average throughout the year, and 40 percent surface water.
Council Member Stonebarger said he had seen a difference in the quality of water and in order to continue to improve the quality of water, there would be a part of the rate increase so the City could be fiscally responsible. He asked about a pilot conservation program.
Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, said there were several conservation programs in effect. Information regarding the programs could be obtained on the City’s website.
Council Member Stonebarger encouraged residents to use the conservation programs.
Council Member Brockman said there was a service offered through the City that would check resident’s irrigation system for leaks.
Council Member Richey said the quality of the water needed to be increased and the water rate increase was necessary.
Mayor Taylor directed the City Clerk to tabulate the protests.
City Clerk, Margaret Wimberly stated prior to the Council meeting, the City had received 261 protests for water and 169 protests for wastewater, with 169 of the protests for both rates. This evening, two protests for water were received, and one protest for wastewater was received and one protest for both rates. Pursuant to the rules adopted by the City Council at the Council meeting of August 14, 2007, given the total number of protests received, she had not determined the validity of the protests received this evening, however, there was a clear absence of the majority of protests and the City Council may move forward with the two ordinances if they wished.
Motion: Introduce and waive the first reading of Ordinance 848 accepting and approving a water rate study and adopting revised monthly user charges for the water rate structure for Fiscal Years 2007/08 to 2012/13.
Moved by Brockman, seconded by Stonebarger
The City Clerk read the title of proposed Ordinance 848.
Vote: 5 – 0
Yes: Becnel, Brockman, Richey, Stonebarger, Taylor
Absent: None

Motion: Introduce and waive the first reading of Ordinance 849 accepting and approving a wastewater rate study and adopting revised monthly user charges for the wastewater rate structure for Fiscal Years 2007/08 to 2012/13.
Moved by Brockman, seconded by Stonebarger
The City Clerk read the title of proposed Ordinance 849.
Vote: 5 – 0
Yes: Becnel, Brockman, Richey, Stonebarger, Taylor
Absent: None

15. Consideration of a resolution approving a variance (V 07-03) to allow reduced setbacks for an existing pool and spa located at 2876 Falcon Court (APN 018-380-003). (H. Sword/D. Hill)
Associate Planner, Debbie Hill, said that subsequent to submission of the staff report, staff had received a letter from the applicant stating their intention of filing an appeal on a related variance application on the property, which had been acted on and denied by the Planning Commission at their meeting of September 18, 2007. The letter requested the variance application be heard along with their intentioned appeal of the action. Staff requested the public hearing item be continued to the Council meeting of October 9, 2007.
Motion: Continued to October 9, 2007, the public hearing to consider the adoption of a Resolution of the City Council of the City of Brentwood approving a Variance (V07-03) to establish reduced setbacks for an existing pool and spa located at 2876 Falcon Court (APN 018-380-003).
Moved by Becnel, seconded by Brockman
Vote: 4 – 1
Yes: Becnel, Brockman, Richey, Taylor
No: Stonebarger
Absent: None

16. Agency and Council – 1) Council – Consideration of a resolution to approve the Final Relocation Impact Statement and Last Resort Housing Plan for 200 Sunset Court, and 2) Agency - Consideration of a resolution to approve the Final Relocation Impact Statement and Last Resort Housing Plan for 200 Sunset Court and to authorize and direct the Executive Director or her designee to execute relocation and compensation agreements related to the implementation and distribution of services and benefits to carry out the policies and programs of the approved Statement. (H. Sword/G. Rozenski/D. Kwong)
Redevelopment Manager, Gina Rozenski, said the existing households would be permanently displaced by the Agency’s intention to demolish the substandard and unsafe housing units after the closing of escrow. As a result of the displacement, the Agency had prepared the Final Relocation Impact Statement for the project and to administer the future relocation activities. The Statement provided an assessment of the needs of the tenants, identified available replacement housing within the community, and described the relocation assistance available to the tenants. The Statement set forth the policies and procedures necessary to conform to the Relocation Assistance Law and California Relocation Assistance Guideline. No displacement activities would take place prior to the approval of the Statement. The draft Statement was provided to the general public and made available for a period of 30-days. One public comment had been received and from the current owners regarding the history and use of the property. The draft Statement had been brought to the Project Area Committee, which had no comments. Staff recommended the Council and the Agency hear public testimony on the draft Statement and consider the respective resolutions to adopt the Final Relocation Impact Study.
Mayor Taylor opened the public hearing.

Motion: Close the public hearing.
Moved by Becnel, seconded by Stonebarger
Vote: 5 – 0
Yes: Becnel, Brockman, Richey, Stonebarger, Taylor
Absent: None

Motion: Adopt Resolution 2007-217 of the City Council of the City of Brentwood adopting the Final Relocation Impact Statement and Last Resort Housing Plan for 200 Sunset Court.
Moved by Becnel, seconded by Stonebarger
Vote: 5 – 0
Yes: Becnel, Brockman, Richey, Stonebarger, Taylor
Absent: None

Motion: Adopt Resolution RDA-132 of the Redevelopment Agency of the City of Brentwood adopting a Final Relocation Impact Statement and Last Resort Housing Plan for 200 Sunset Court and authorizing the Executive Director or her designee to execute Relocation and Compensation agreements related to the implementation and distribution of services and benefits to carry out the policies and programs of the approved statement.
Moved by Brockman, seconded by Stonebarger
Vote: 5 – 0
Yes: Becnel, Brockman, Richey, Stonebarger, Taylor
Absent: None

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, SUBCOMMITTEES, AND LIAISONS
(8:38 PM)

Mayor Taylor reported that he had performed the first marriage as a Mayor in the City of Brentwood at the gazebo in City Park and had two more requests to perform marriages.

REQUEST FOR FUTURE AGENDA ITEMS - None (8:39 PM)

ADJOURNMENT (8:40 PM)

Motion: Adjourn.
Moved by Stonebarger, seconded by Brockman
Vote: 5 – 0
Yes: Becnel, Brockman, Richey, Stonebarger, Taylor
Absent: None

Respectfully submitted,



Cynthia Garcia, CMC
Assistant City Clerk


 

 

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