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

WORKSHOP (6:06 PM)

City Council/Redevelopment Agency Review of the 2008/09 – 2012/13 Capital Improvement Program Budget Workshop. (P. Ehler)

PUBLIC COMMENTS - None (6:59 PM)

RECESS CITY COUNCIL/REDEVELOPMENT AGENCY (7:00 PM)

RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY (07:08 PM)

PLEDGE OF ALLEGIANCE - Jeff Schultz (07:09 PM)

INVOCATION (07:09 PM)

Roll Call (07:10 PM)
Present: Becnel; Brockman; Richey; Stonebarger; Taylor

PRESENTATION (07:10 PM)

A. Proclamation of the City of Brentwood Declaring April as National Poetry Month. (P. Scherff)

Mayor Taylor presented the proclamation to Kati Short.

Ms. Short accepted the proclamation and thanked Council and citizens for their interest in poetry. She announced the next open mic was at Gaby’s Grind on April 3, 2008, at 6:30 p.m.

OLD BUSINESS (07:15 PM)

Item 21 taken out of order and discussed at this time.

21. Accept informational report from Brentwood Police Activities League-After the Bell Program for fiscal year 2007/08 and 2008/09. (C. Bronzan/P. Scherff)

The following people spoke in support of the Police Activities League (PAL) Program and said PAL preventative program could not be quantified; provided after school care for middle school children; took at risk kids and made them great students with better grade point averages; and helped the community:

Jeff Altman
Jeff Schults
Julie Moura
Greg Robinson
Jim Wongeman
Gene Clare
Anthony Bustillos
Dan Peterson


Mayor Taylor closed public comments.

Motion: Accept informational report from Brentwood Police Activities League-After the Bell Program for fiscal year 2007/08 and 2008/09.
Moved by Becnel, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

PUBLIC COMMENTS (07:43 PM)

Kathi Reed, President of the Brentwood Chamber of Commerce, introduced the Chamber’s new Executive Officer, Harry York.

Harry York thanked the Chamber of Commerce and presented a history and background on his qualifications to serve the Chamber.

Barbara Guise spoke about vendors in the park for Friday night concerts in the park. Food had previously been supplied in the park and then vendors were told by the Park District that they were not welcome. Vendors were now being invited back to the park.

City Manager, Donna Landeros, said the Director of Parks and Recreation, Craig Bronzan, would prepare an informational email for distribution on what happened.

Stacey Martin, Supervisor Mary Piepho’s Office, reported on the activities of Supervisor Piepho for East Contra Costa County residents.

Mike Pisano, Precision Cabinets and Trim, said he leased the building at 400 Guthrie Lane and requested an extension of the lease for six months and asked the item be placed on the next agenda.

Greg Robinson said he was in support of the vendors for Friday night concerts in the park. He spoke about the Heron Detention Basin and said the County had drained it for flood control. He asked Engineering to keep some water in the retention basin and asked Council to re-evaluate the City/County issue. He suggested building a two foot high wall to keep water and wild life in the basin. He had concerns about mosquitoes and said fish could be placed in the basin for mosquito control and he asked Council to work with the County.

CONSENT CALENDAR (08:02 PM)

1. Approved minutes of the City Council/Redevelopment Agency meeting of March 11, 2008. (M. Wimberly)

2. Accepted a 2007 Achievement Award from the California Parks and Recreation Society for the City of Brentwood Wellness Policy (C. Bronzan/P. Scherff/S. Barry)

3. PULLED FOR DISCUSSION - Receive and file an Informational Report on the Peripheral Canal. (B. Grewal/P. Eldredge)

4. Authorized the Mayor or his designee to sign a letter protesting the Determination of Property Tax Administrative Cost Recovery for 2007/08 and direct staff to send the letter to the Contra Costa County Board of Supervisors. (P. Ehler/K. Breen)

5. Authorized the Mayor, or designee, to sign a letter in support of Contra Costa Water District’s request for federal funding for the Contra Costa Canal Emergency Flood Control Project authorized in the Water Resources Development Act ("WRDA") of 2007. (B. Grewal/P. Eldredge)

6. Adopted Resolution 2008-66 for a fee waiver request in the amount of $287.77 for Central Coast Ranch League for fiscal year 2007/08 for the use of the City facilities for the operation of the Central Coast Ranch Athletic League. (C. Bronzan/P. Scherff/T. Burt)

7. Adopted Resolutions 2008-67 and 2008-68 accepting the public improvements for maintenance; accepting the Maintenance Bond; and releasing the Improvement Securities for Subdivision Nos. 8281 and 8831, Visions Phases I and II, constructed by Warmington Homes, located south of Lone Tree Way and west of Fairview Avenue. (B. Grewal/D. Galey)

8. Adopted Resolution 2008-69 approving and authorizing the City Manager or designee to execute a Professional Services Agreement with Harris & Associates for the 2008 Pavement Management Program, CIP Project No. 336-30830 in a not to exceed amount of $89,496. (B. Grewal/F. Lideros)

9. Adopted Resolution 2008-70 amending the 2007/08 CIP Budget to include the Sunset Park Improvements Project, CIP No. 352-52402; Amending the CIP Budget Sheet for Sunset Park Improvements, CIP No. 352-52402; and authorizing funds for this project to come from the Parks & LLD Replacement Fund. (C. Bronzan/K. DeSilva)

10. Adopted Resolution 2008-71 accepting Landscape Improvements for Subdivision No. 8724, Granville Estates, located southwest of the intersection of Neroly Road and O’Hara Avenue by Western Pacific Housing Inc. (C. Bronzan/K. De Silva)

11. Adopted Resolution 2008-72 accepting the Granville Green Park Improvements for Subdivision No. 8724, Granville Estates, located at 1091 Granville Lane, by Western Pacific Housing, Inc. (C. Bronzan/K. De Silva)

12. Adopted Resolution 2008-73 accepting the Public Landscaping Improvements for maintenance and releasing the improvements securities for the Public Landscaping on Empire Avenue, Shady Willow Lane, East Bay Municipal Utilities District Trail (EBMUD), Parcels C, D, F, G, located west of Shady Willow and north of Empire Avenue constructed by Discovery Builders Inc. (Developer) as part of subdivision No. 8601. (C. Bronzan/K. De Silva)

13. Adopted Resolution 2008-74 accepting public improvements for maintenance; accepting the Maintenance Bond; and releasing the associated Improvement Securities for the EBMUD trail and landscaping constructed as a part of Subdivision No. 8416, Sunset Crossing, located south of Sunset Road and east of Brentwood Boulevard, developed by DeNova Homes. (C. Bronzan/K. De Silva)

14. Adopted Resolution 2008-75 accepting King Park Improvements for Subdivision No. 8529, Crossroads II, located on the North side of Sand Creek Road and West of Minnesota Avenue by Ponderosa Homes II Inc., and accepting a $20,000 cash bond for remedial repairs to dog park sod. (C. Bronzan/K. De Silva)

15. Confirmed staff’s action to decline the grant award from the California Department of Education for the After School, Education and Safety (ASES) Program. (C. Bronzan/P. Scherff/B. Gary)

16. Adopted Resolution 2008-76 approving and authorizing the City Manager to consent to Assignment Agreements between Barrington Estates, LLC/Standard Pacific Corporation, and Barrington Investors, LLC assigning the Reimbursement Agreement, Acquisition Agreement and Funding and Acquisition Agreement and partially assigning the Development Agreement to Barrington Investors, LLC with respect to Tentative Subdivision Map No. 8548, located south of Sunset Road, immediately west of the current City limits and north of Jennifer Street. (B. Grewal/H. Sword/D. Galey/C. McCann)

Vice Mayor Brockman abstained because he owns adjacent property and had a potential conflict.

17. Approved warrants from Warrant lists dated February 27, 2008 and March 5, 2008. (P. Ehler/ L. Schelbert)

CONSENT CALENDAR ACTIONS (08:03 PM)

Motion: Approve Consent Calendar Items 1 - 17, except Item 3. Vice Mayor Brockman abstained on Item 16.
Moved by Stonebarger, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

3. Receive and file an Informational Report on the Peripheral Canal. (B. Grewal/P. Eldredge)

Council Member Richey asked if the current iteration of the peripheral canal was in the early stages.

Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, said it was.

Motion: receive and file an Informational Report on the Peripheral Canal.
Moved by Richey, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

PUBLIC HEARINGS (08:04 PM)

18. Consider a Resolution approving Collection Policy 10-15 and an amendment to the Cost Allocation Plan and Schedule of City Fees, adding collection fees for attorney fees, collection agency fees and liens & assessment fees to allow for the cost recovery of collection services. THE ITEM HAS BEEN REMOVED FROM THE AGENDA, IF IT IS BROUGHT BACK FOR COUNCIL CONSIDERATION, IT WILL BE RE-NOTICED. (P. Ehler/L. Ybarra)

19. Consideration of an Ordinance to approve a rezone (RZ 07-09), revising Chapter 17 of the Brentwood Municipal Code to update various Planned Development (PD) sections by inserting previously-approved text, updating subarea maps, and renumbering particular sections within the zoning ordinance as recommended by the Planning Commission. (H. Sword/T. Nielsen)

Assistant Planner, Tim Nielsen, said the request was a technical update to the various planned development sections and was intended to clarify portions of the code that had become obsolete, overwritten during codification, or codified in the wrong section. There were no new standards proposed in conjunction with the update. Following the Planning Commission’s 5-0 approval on March 4, 2008, staff recommended the Council introduce and waive first reading of the ordinance.

Mayor Taylor opened the public hearing.

Motion: Close the public hearing.
Moved by Brockman, seconded by Stonebarger.

Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

Motion: waive first reading and introduce Ordinance 857 to approve a rezone (RZ 07-09), revising Chapter 17 of the Brentwood Municipal Code to update various Planned Development (PD) sections by inserting previously-approved text, updating subarea maps, and renumbering particular sections within the zoning ordinance as recommended by the Planning Commission.
The City Clerk read the title of the proposed Ordinance.
Moved by Brockman, seconded by Stonebarger.

Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

20. Consideration of an Ordinance for 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 as recommended by the Planning Commission, and adoption of 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)

Principal Planner, Erik Nolthenius, presented a staff report regarding a staff initiated rezone application that would establish a procedure for zoning approval certificates and change the way Home Occupation Permits were processed. The public hearing included the proposed fees for zoning approval certificates and Home Occupation Permits. He presented a history of the ordinance and actions by Planning Commission and City Council. Staff recommended introducing and waiving first reading of an ordinance approving a Rezone, and recommended adopting a Resolution establishing the Zoning Certificate fee and increasing the fee for Home Occupation Permits.

Mayor Taylor asked about the permit fee.

Principal Planner, Erik Nolthenius, said the fee was based on the Cost Allocation Plan and estimated staff time spent.

Mayor Taylor asked if the item would be re-analyzed in December.

Principal Planner, Erik Nolthenius, said staff could re-analyze the fee at the end of the year or in one year and it was up to Council.

Council Member Stonebarger asked how this was different from obtaining a business license.

Principal Planner, Erik Nolthenius, said the process was in addition to a business license and would be done at the same time. Some business license applications had been taken over at Community Development and was part of the one-stop permit center.

Council Member Stonebarger asked about costs associated with a business license.

Principal Planner, Erik Nolthenius, said it depended on what the business was and the tax receipts.

Director of Finance and Information Systems, Pam Ehler, said it was based on gross receipts and the minimum was $100.

Council Member Stonebarger asked if the fee would be renewed annually.

Principal Planner, Erik Nolthenius, said the zoning certificate would be good for the business at that location and the business would not need another certificate as long as they remained at that location.

Mayor Taylor asked about the cost of each license for one year.

Principal Planner, Erik Nolthenius, said the zoning certificate was a one-time application filed for new businesses and for existing businesses renewing business licenses. The business license was an annual fee.

Mayor Taylor said the business license fee was annual.

Principal Planner, Erik Nolthenius, said the business license fee was paid annually and there were no changes proposed. There was a one-time fee for both for home occupation permits and for zoning certificates, unless the business moved.

Vice Mayor Brockman said businesses moved into locations that were not zoned properly and the way to avoid that was to provide a one-time fee when a person opened a business. Anytime a business moved, it would be required to go through the process to find if the business was allowed to be at the new location.

Mayor Taylor opened public hearing.

Kathi Reed, President of the Chamber of Commerce, said zoning violations had prompted the zoning ordinance. She was concerned the zoning permit application process did not address existing violations and imposed an additional tax. At the meeting of February 20, 2008, the Chamber had established a good dialogue with staff and had been promised a follow up meeting after staff had an opportunity to consider some of the concerns presented by the business community. The issue went back to the Land Use and Development Committee without a follow up meeting and appeared before Council for adoption. Adopting the proposed ordinance would not resolve concerns. The City needed to encourage home based businesses to apply for a business license. Imposing an additional fee on top of a business license may discourage home-based businesses from applying for a business license. This could result in a decrease in revenue coming into the City. The Chamber of Commerce requested the proposed ordinance be tabled to allow the business community to continue to work with staff to address the existing zoning violations, develop a plan to work with local landlords to reduce the number of zoning violations, provide atmosphere that encouraged local businesses to generate revenue, and encourage business development.

Gary Arfsten Gaby’s Grind, agreed with the Chamber of Commerce and said he had been promised another meeting that never materialized. He felt more dialogue needed to take place so the City would be attractive to new businesses and he asked Council to continue the item.

Ken Seamann, Chamber of Commerce Director/Business Owner, said he had purchased a unit in the development where there were the zoning violations. He was concerned about the appearance of a conflict of interest. There were approximately 40 units in the development, three businesses, and five units that did not conform with the zoning or the covenants, conditions and restrictions in the development. The owner of two of the units was a Planning Commission Member, which gave the appearance of a conflict of interest. The issue needed to be resolved and there was already a process for getting all the permits done. He spoke about the February 6, 2008, meeting and staff concerns. He was opposed to an additional charge and what had been recommended at the February meeting was to come back after one year, see what the cost was and establish the cost of business.

Harry York, CEO, Brentwood Chamber of Commerce, asked for continuance of the item and asked to meet with staff.

Motion: Close the public hearing.
Moved by Brockman, seconded by Stonebarger.

Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

Council Member Richey asked to hear from the Land Use Committee Members.

Vice Mayor Brockman said a group had come in and complained when they went to get a license and were told after the fact that they were not permitted and had made improvements without a permit. He asked the City Attorney to speak about landlord responsibility to a tenant.

Assistant City Attorney, Karen Murphy, said the item had come up in the context of some Code Enforcement issues. The zoning certificate process was designed to help alleviate some of the concerns and a certificate would be granted up front so someone coming in would have confirmation that what they were planning was consistent with the zoning.


Vice Mayor Brockman asked for a checklist, spoke about an expansion and said he felt the issue needed to be discussed again.


Council Member Becnel asked about an expansion and the need to obtain a certificate.



Principal Planner, Erik Nolthenius, said the expansion would need to go through the certificate process.


Council Member Becnel said he felt the ordinance was not what he was expecting and he asked to send the ordinance back.


Council Member Richey was in favor of the zoning approval certificate and felt it was not targeted at the problem the ordinance was trying to prevent.

Council Member Becnel said he understood the cost issue and in order to protect area rights, costs would be incurred so the appropriate businesses were in there. Landlords and tenants were both responsible for complying with the Zoning Ordinance and businesses were obligated to make sure the business was appropriately zoned in an area.

Vice Mayor Brockman said staff had met with businesses and was to be re-directed to have another meeting. He asked about the ordinance being sent to a staff meeting or brought to Land Use Committee for discussion.

Council Member Becnel said staff and the Chamber could meet and the next time the Ordinance appeared at the Land Use Committee meeting, issues needed to be resolved.

Motion: Continue Item 20 - Consideration of an Ordinance for 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 as recommended by the Planning Commission, and adoption of 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 Brockman, seconded by Becnel.

Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (08:37 PM)
Vice Mayor Brockman reported there was a new jet center coming to Byron Airport and his term on the Airport Land Use Commission would be over soon.

Mayor Taylor asked for any volunteers to serve on the Airport Land Use Committee, and he reported on his attendance at the Highway 4 Bypass ribbon cutting.

NEW REQUESTS (08:41 PM)
Vice Mayor Brockman asked for an informational report on the request by Greg Robinson for a concrete pond and he asked staff to handle the request from precision cabinets.

ADJOURNMENT (08:42 PM)
Motion: Adjourn
Moved by Stonebarger, seconded by Richey.

Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

Respectfully submitted,

Cynthia Garcia, CMC
Assistant City Clerk