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CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, 7:00 P.M.
JANUARY 22, 2008
COUNCIL CHAMBER

CALL TO ORDER CITY COUNCIL/REDEVELOPMENT AGENCY MEETING (06:59 PM)
PLEDGE OF ALLEGIANCE - Scout (07:00 PM)

INVOCATION - Pastor Jerry Hanoum, Mountain View Christian Center (07:03 PM)
Roll Call (07:09 PM)
Present: Becnel; Brockman; Richey; Stonebarger; Taylor

PRESENTATION (07:09 PM)

A. Presentation of certificates to recipients of CLMS Region IV Outstanding Educator Award.

Mayor Taylor introduced Gretchen Clare.

Gretchen Clare, California League of Middle Schools Region IV, assisted students in preparing for the High School exit exam and graduation. Teachers that exemplified excellence in regions throughout the State were being honored.

Mayor Taylor presented Certificates of Recognition to the following three teachers selected as educators of the year: Frank Zrinski, Adams Middle School, Traci Kemper, Edna Hill Middle School, and Suzanne Ring, Bristow Middle School. Traci Kemper, Edna Hill Middle School, had been chosen to compete with teachers in other State regions.

PUBLIC COMMENTS (07:20 PM)

Steve Lopez thanked Code Enforcement and the Police Department and said the department had an increased work load due market conditions.

Bill Putman, Delta Community Services, announced an Italian Dinner fundraiser would be held on January 26, 2008, 4:30 p.m. to 7:30 p.m.

Terry Tonge, Assemblyman Guy Houston’s Office, presented a State update and said the Governor had given a speech on January 8, 2008, addressing the budget deficit, water issues, education, health care, and infrastructure. Assemblyman Houston would focus on bills regarding on-line stalking prevention and the Veterans property tax exemption.

Barbara Guise, Tri Delta Transit, spoke about a February promotion and winning prizes for riding the bus. This was the seventh year operating the 49er shuttle.

Randy Mass spoke about the November 13, 2007, City Council meeting Items 38A & 38B. He had received correspondence from the Building Inspection Department and it identified the variance was granted. He said there were several issues that remained with the pool and felt the approved variance only addressed the position of it. He requested documents from staff and said he had not received correspondence back, except for correspondence that stated there were no records. He asked Council to look at the issue.

Stacey Martin, Supervisor Mary Piepho’s Office, presented an update on Vasco Road Safety and the Highway 4 Bypass. She announced that the following County services would come to East County in the spring: Cal Works, Medical, Children Welfare and food stamp programs, and said a permanent East Contra Costa County government center would come to the City within a few years and would include additional County departments. County staff had met with the City and school districts to discuss solutions for the American Avenue/Balfour Road traffic and safety concerns.

CONSENT CALENDAR (07:37 PM)

1. PULLED FOR DISCUSSION - Approve minutes of the City Council/Redevelopment Agency meeting of January 8, 2008. (M. Wimberly)

2. Approved the re-appointment of Lanny Brown and Ernie Rodrigues to the Park and Recreation Commission for a three-year term expiring December 31, 2010. (Vice Mayor Brockman/Council Member Stonebarger/C. Bronzan)

3. Adopted Resolution 2008-11 approving and authorizing the City Manager to create an agreement with Anytime Fitness in Brentwood to provide corporate membership benefits to City employees at their own expense. (K. Chew/M. Nahm)

4. Adopted Resolution 2008-12 in support of Metropolitan Transportation Commission to provide continued and expanded funding to local jurisdictions for the maintenance and improvements of local streets and roads. (B. Grewal/L. Sanders)

5. Adopted Resolution 2008-13 accepting all off-site public improvements for maintenance; accepting the maintenance bond and releasing the Improvement Securities for Design Review No. 04-07, Harvest Commerce Center, located at Brentwood Boulevard and Griffith Lane. (B. Grewal/D. Galey)

6. Adopted Resolution 2008-14 accepting the work performed by Richard A. Heaps Electrical Contractor Inc., for the Signal Modifications and Upgrades, CIP Project No. 336-31320, and direct the City Clerk to file a Notice of Completion with the County Recorder. (B. Grewal/S. Kersevan)

7. Adopted Resolution 2008-15 accepting the work performed by Columbia Electric, Inc. for the Brentwood Boulevard Traffic Improvements, CIP Project No. 336-31670, and the Signal Modifications and Upgrades (Brentwood Boulevard and Second Street), CIP Project No. 336-31320, and directing the City Clerk to file a Notice of Completion with the County Recorder. (B. Grewal/S. Kersevan)

8. Adopted Resolution 2008-16 approving a Memorandum of Understanding between The Brentwood Agricultural Land Trust, Al and Rebecca Courchense and Sarah Coddington, and the City of Brentwood as recommended by the Agricultural Enterprise Subcommittee. (H. Sword/L. Maurer)

9. PULLED FOR DISCUSSION - Adopt a Resolution awarding the bid and approving and authorizing the City Manager or designee to execute a Construction Contract and necessary documents with Carrier Corporation Inc., in the amount of $89,505.31, plus $8,950.53 contingency, for a total amount of $98,455.84 for the Aquatic Complex Improvements Project, CIP No. 352-52403, and also amending the CIP Budget Sheet for the Aquatic Complex Improvements Project, CIP No. 352-52403. (C. Bronzan/M. Azamey)

10. Adopted Resolution 2008-18 authorizing the City Manager and to execute a Cooperation Agreement between the City of Brentwood and the Brentwood Redevelopment Agency for the funding of Harvest Park Basin Capital Improvement Project #391-39020 in an amount not to exceed $720,000, and

Adopt a Resolution RDA-136 authorizing the Agency Executive Director to execute a Cooperation Agreement between the City of Brentwood and the Brentwood Redevelopment Agency for the funding of Harvest Park Basin Capital Improvement Project #391-39020 in an amount not to exceed $720,000, authorizing the Agency Treasurer to appropriate funds from the Redevelopment Agency of the City of Brentwood Tax Allocation Bonds, Series 2001, to fund Harvest Park Basin Capital Improvement Project #391-39030, in an amount not to exceed $720,000. (H. Sword/G. Rozenski)

11. Approved RDA Warrant List. (P. Ehler/L. Schelbert)

CONSENT CALENDAR ACTIONS (07:40 PM)

Motion: Approve Consent Calendar Items 1 - 11 as recommended, excepting Items 1 and 9.
Moved by Becnel, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

1. Approve minutes of the City Council/Redevelopment Agency meeting of January 8, 2008. (M. Wimberly)

Vice Mayor Brockman said he had pulled Item 1 since it was relative to two different meetings. He clarified his comments related to the December 11, 2007, Consent Calendar, and January 8, 2008, minutes. On December 11, 2007, he meant to say that he was abstaining on Item 10 because he owned the subject property and Item 15 because the subject property was within 500 feet of property that he owned. He asked that the minutes of December 11, 2007, and January 8, 2008, reflect the clarifications.

Motion: Approve minutes of the City Council/Redevelopment Agency meeting of January 8, 2008, with clarifications, and clarifications to the minutes of December 11, 2007, as requested by Council Member Brockman.
Moved by Brockman, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

9. Adopt a Resolution awarding the bid and approving and authorizing the City Manager or designee to execute a Construction Contract and necessary documents with Carrier Corporation Inc., in the amount of $89,505.31, plus $8,950.53 contingency, for a total amount of $98,455.84 for the Aquatic Complex Improvements Project, CIP No. 352-52403, and also amending the CIP Budget Sheet for the Aquatic Complex Improvements Project, CIP No. 352-52403. (C. Bronzan/M. Azamey)

Council Member Brockman asked if the City could go back out to bid.

Director of Parks and Recreation, Craig Bronzan, said the bid specs allowed the City to reject all bids and go back out to bid. The apparent low bid made substantive changes to the contract and was deemed unresponsive since the bid documents required the bidder to follow the City process. There was a timing issue and the boilers for commercial swimming pools had a lead time for ordering. Staff recommended awarding the bid to Carrier Corporation.

Council Member Becnel asked if the other bidder was not aware that the contract was not to be written on or the intention was to make substantive changes.

Director of Parks and Recreation, Craig Bronzan, said the bid documents were explicit that the information contained in the documents were the way business was done. The low bidder had written comments in a number of parts and suggested changes to the indemnity. The contract for this type of work was standard.

Council Member Becnel asked if the bidder had been asked by staff if they would withdraw the bid if the City insisted the standard contract be signed.

Director of Parks and Recreation, Craig Bronzan, said that was part of the discussion with the City Attorney in relation to negotiating a contract. Staff did not contact the bidder to remove the changes and still bid.

City Attorney, Damien Brower, said once the bid had been submitted, there were very few times where changes could be made. The bid had been submitted with initialed changes in it. It would not be fair or equitable to the other bidders who submitted bids without the changes to say the bid could be changed. Staff recommendation was to reject the bid or in the alternative, reject all bids and go back out to bid since there had been substantive changes made to the contract.

Motion: Adopt Resolution 2008-17 awarding the bid and approving and authorizing the City Manager or designee to execute a Construction Contract and necessary documents with Carrier Corporation Inc., in the amount of $89,505.31, plus $8,950.53 contingency, for a total amount of $98,455.84 for the Aquatic Complex Improvements Project, CIP No. 352-52403, and also amending the CIP Budget Sheet for the Aquatic Complex Improvements Project, CIP No. 352-52403.
Moved by Brockman, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

PUBLIC HEARINGS (07:43 PM)

12. Consideration of an Ordinance to approve a rezone (RZ 07-04) that amends the Brentwood Municipal Code by establishing Chapter 17.910 for the purpose of regulating Zoning Approval Certificates and by making a minor modification to Chapter 17.840 related to Home Occupation Use Permits, and adopt a resolution that amends the City’s 2007-2008 Cost Allocation Plan and Master Fee Schedule by establishing a fee for Zoning Approval Certificates and by increasing the fee for Home Occupation Use Permits. (H. Sword/E. Nolthenius)

Council Member Becnel spoke about an email sent out by someone other than Council and staff indicating that the item would be continued and he felt it would be inappropriate not to continue the item.

Mayor Taylor asked when staff would bring the item back before Council.

Director of Community Development, Howard Sword, said staff wished to move the item forward as soon as possible. He said staff would entertain minor modifications made to the Ordinance to take care of the business community’s concerns.

Vice Mayor Brockman asked about the item being returned to the Land Use Committee before returning to Council.

Council Member Becnel said if there were changes to the ordinance, he would like to see the item at the Land Use and Development Subcommittee.

Vice Mayor Brockman asked that the item be brought back to the next Land Use and Development Subcommittee meeting.

Motion: Continue the public hearing item to a date uncertain - Consideration of an Ordinance to approve a rezone (RZ 07-04) that amends the Brentwood Municipal Code by establishing Chapter 17.910 for the purpose of regulating Zoning Approval Certificates and by making a minor modification to Chapter 17.840 related to Home Occupation Use Permits, and adopt a resolution that amends the City’s 2007-2008 Cost Allocation Plan and Master Fee Schedule by establishing a fee for Zoning Approval Certificates and by increasing the fee for Home Occupation Use Permits.
Moved by Becnel, seconded by Brockman.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

OLD BUSINESS (07:46 PM)

13. Review Council committee scope and assignments and make appointments as appropriate. (K. Chew/M. Wimberly)

Council Member Richey said he was currently the primary representative on the Habitat Conservation Plan and Council Member Stonebarger was the alternate. The two Council Members would be switching roles and Council Member Stonebarger would be the primary representative and he would be the alternate.

Council Member Stonebarger volunteered to the alternate position on the Brentwood Advisory Neighborhood Committee (BANC).

Mayor Taylor said the Arts Commission liaison had been discontinued and the Airport Land Use Committee would be decided by the Mayor’s Conference in May 2008. Mayor Taylor said he served on Delta Six and League of California Cities and Council Member Becnel served on the Police Activities League (PAL). Mayor Taylor and Council Member Stonebarger were serving on School Interagency; Transplan, BART, Bypass Authority and ECCRFFA was Mayor Taylor and Council Member Becnel; and Vasco Road Task Force was Mayor Taylor and Vice Mayor Brockman.

Mayor Taylor asked for Council Member Becnel to take the School Interagency with Council Member Stonebarger.

City Manager, Donna Landeros, said there was an opportunity for two Council Members to serve on the Other Post Employment Benefits (OPEB) ad hoc committee regarding retiree medical health insurance.

Council Members Becnel and Stonbarger would serve on the ad hoc committee.

Vice Mayor Brockman asked if the Sewer and Water Rate Study ad hoc committee would be going away.

City Manager, Donna Landeros, said there were more tasks that needed to be accomplished before wrapping up the ad hoc committee.

Motion: Approve Council Members Becnel and Stonebarger to the OPEB ad hoc committee; appoint Council Member Becnel to the School Inter-Agency Committee to replace Mayor Taylor; appoint Council Member Stonebarger as alternate to the Brentwood Brentwood Advisory Neighborhood Committee (BANC); appoint Council Member Stonebarger to the East Contra Costa County Habitat Conservancy Board and Council Member Richey as alternate; and the Arts Commission Liaison would go away.
Moved by Brockman, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

NEW BUSINESS (07:55 PM)

14. Adopt a Resolution amending the 2007/08 Operating Budget and approving the recommended mid-year budget adjustments. (P. Ehler/K. Breen)

Finance Accounting Manager - Business Services Manager, Kerry Breen, presented a staff report regarding amendment of the 2007/2008 budget. A substantial slowdown in development and a prolonged slump in the housing market had caused staff to recommend several reductions in budgeted revenues. Staff recommended revenue reductions in $5 million in the general fund. Half of the reduction was in the Building, Planning and Engineering revenues due to the slowdown in residential development and lack of demand for new home construction permits and the other large reduction was in the sales tax. There was usually an annual increase of 15 percent over the past decade prior to the slowdown in development. Latest projections indicated that the sales tax growth would now be consistent with the State of California at approximately three percent per year. To compensate for the revenue reductions, staff recommended budgeted expenditure reductions of $5,011,923. By reducing expenditures more than revenues would allow the general fund to continue to operate in a fiscally responsible manner, where revenues exceed operating expenses. The budget still called for the general fund to have revenues which exceeded operational expenditures.

Council Member Stonebarger asked if the permits were for fiscal year 2007/2008 or calendar year 2007.

Finance Accounting Manager - Business Services Manager, Kerry Breen, responded that it was the 2007/2008 fiscal year.

Council Member Stonebarger asked about the general fund and what percentage of the original budget was the $2 million decrease in sales tax revenue.

Finance Accounting Manager - Business Services Manager, Kerry Breen, said it was approximately 25 percent of the original budget.

Council Member Stonebarger spoke regarding fund balances and reserves in the 2007/2008 budget had included a subsidy of $200,000 for the Business and Technology Center. He said staff recommended the subsidy be increased by $260,000 for a total subsidy of $460,000 and he asked where the $260,000 had come from.

Director of Finance and Information Systems, Pam Ehler, said this would come out of designated reserves for the civic center. This was part of the Tech Center where the City was moving the Library, Council Chamber, and the Park and Recreation Department for interim.

Council Member Richey asked if unfilled budgeted positions to remain unfilled were for police officers.

Finance Accounting Manager - Business Services Manager, Kerry Breen, said the positions did not include police officers and involved other general fund positions.

Council Member Stonebarger asked if the unfilled positions included Code Enforcement.

City Manager, Donna Landeros, said there were no Code Enforcement vacancies.

Chief of Police, Mark Evenson, said the only vacancy was an officer in training and the Police Department was in the process of looking to fill the position.

Mayor Taylor asked if the City was in a position to have the essentials met.

Finance Accounting Manager - Business Services Manager, Kerry Breen, said the essentials would be met.

Mayor Taylor requested public comments.

Mayor Taylor closed public comments.

Council Member Richey commended staff for the cutbacks.

Vice Mayor Brockman encouraged the accounting staff to keep the reserve at 30 percent.

Council Member Becnel commented that the revenues and expenses being cut was the adjustment to the 2007/2008 and the budget was a two year budget. The budget for 2008/2009 was forthcoming and he felt revenues were not within City control. He asked to keep reserves at 30 percent and said he felt the transition from relying on development fees to a mature City became short when permits went from 1,400 per year to 100 this year. He felt the economy would not be getting better for a while and said the City was on the right course in making the adjustments.

Council Member Stonebarger said staff was committed to operating in a fiscally sustainable and responsible manner and to present a balanced budget. He felt as with any economic downtown, the City needed to stay on top of crime and the 2008/2009 budget would be difficult.

Mayor Taylor said the City had to be fiscally responsible and Council would work with staff to maintain stability and be responsible.

Director of Finance and Information Systems, Pam Ehler, said staff would work on the 2008/2009 budget right away, as well as the fiscal model, and return to Council in April with the CIP budget workshop and a fiscal model. The fiscal model would give Council a ten-year forecast and incorporate what Council would like to consider for next year’s budget.

Motion: Adopt Resolution 2008-19 amending the 2007/08 Operating Budget and approving the recommended mid-year budget adjustments.
Moved by Becnel, seconded by Brockman.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

15. Verbal Services Status Report. (B. Taylor/B. Brockman)

Vice Mayor Brockman presented a history of City efforts in establishing an independent fire district where the cities of Oakley and Brentwood, and Contra Costa County, had equitable decision making capabilities and regulated expenses and controlled levels of service. To be comparable with other areas and obtain the level of services needed for this area, the City had proposed to the County having control of the governing decisions with the County still having their say. There was the need for revenue to get a higher level of service. The City was looking for a governing board of seven or nine and within the governing board, the City would have three governing members for a seven member board and four members for a nine member board. The City of Oakley would have two members for a seven member board and three members for a nine member board and Contra Costa County would have two members on either a nine or seven member board. The County did not make a decision and had not done anything to make it happen. The first decision of the board would be to obtain funding and to decide whether or not to place a tax on the ballot to obtain a higher level of service. The City wanted the County to make decisions and move forward.

Mayor Taylor requested public comments.

Gil Guerrero, East Contra Costa Firefighters, said he was in support of the fire board and would like to move forward. It had been six years since the merger, challenges had been faced, and there was a long way to go. Issues identified were staffing, zone coverage for fire, and EMS. A paramedic was needed on an engine, as well as a compensation package to attract and maintain current staffing since there was a problem with employee turnover. He was in support of a fire board of seven to nine members.

Mayor Taylor closed public comments.

City Manager, Donna Landeros, said the same verbal status report was being discussed at the Oakley Council meeting and staff from both cities hoped for direction to bring back the Resolutions at the next Council meeting. She said staff had resolutions ready and needed to include the number of representatives.

Council Member Becnel said he felt the fire service in East Contra Costa County had been short changed ever since it was formed and it needed to stop. Revenue was needed to deal with the issues and he would not support more revenue for the fire service as long as the County ran the system. The County could not balance their budget and he did not want to give them more money. He felt there should be nine board members since it was more proportional to the representation and Council needed to adopt the resolution. If the County did not want to adopt a resolution implementing a governing board, the cities of Brentwood and Oakley needed to move in their own direction.

Council Member Richey said he was in support of a seven or nine member board and if the City was not making progress with the County, it was time for the cities of Brentwood and Oakley to create their own fire service program.

Council Member Stonebarger said he felt the citizens of Brentwood and Oakley were getting the short end of the deal. He was in support of either a seven or nine members on the board and wanted to come to a resolution in the spring. He was concerned the County could continue to place the issue on the back burner and he felt the citizens deserved the right level of service and the firefighters deserved to be at the same level as their peers.

Vice Mayor Brockman said the City wanted equality and the funding would be difficult to obtain.

Mayor Taylor said regardless of what the County did, he proposed the Council have a Resolution for the next Council meeting.

City Manager, Donna Landeros, said she had heard the direction of the Council.

Vice Mayor Brockman asked for a nine member board, which could easily be changed to a seven member board.

Mayor Taylor said County involvement was needed and after seven years, a decision needed to be made.

NEW REQUESTS - None (08:34 PM)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (08:34 PM)

Council Member Stonebarger spoke about the first American Avenue Task Force meeting and said the second meeting would be held January 30, 2008.

ADJOURNMENT (08:36 PM)

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

Respectfully submitted,

Cynthia Garcia, CMC
Assistant City Clerk
 

 

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