CALL TO ORDER CITY COUNCIL/REDEVELOPMENT AGENCY(5:00 PM)

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

PUBLIC COMMENTS - None (5:01)

ADJOURN TO CLOSED SESSION (5:01)

Motion: Enter Closed Session - Community Development Conference Room - 118 Oak Street
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 54956.8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Property: 544 Cashew Place, APN 010-770-016. Negotiating Party: William, Jess & Rachael McGill/Quality Loan Service Corp./Alicia Park Financial. City Negotiators: Gina Rozenski/Kwame Reed/Casey McCann. Under negotiation: Price and terms of payment.

2. Redevelopment Agency Closed Session Pursuant to Government Code Section 54956.8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Property: 3740 Walnut Boulevard, APN 012-170-006. Approximate size: 2.1560 acres. Negotiating Party: Roberta Jean Garin, Elsie Jane Dill, Beverly Ann Bray and Christina Hassler (represented by Henry Dill). Agency Negotiators: Gina Rozenski/Casey McCann. Under negotiation: Price and terms of payment.

3. Redevelopment Agency Closed Session Pursuant to Government Code Section 54956.8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Property: 400 Guthrie Lane. Negotiating Party: Paul Taylor. Agency Negotiators: Casey McCann/Gina Rozenski. Under negotiation: Price and terms of payment.

4. Redevelopment Agency Closed Session Pursuant to Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Initiation of Litigation Pursuant to Subdivision (c) of Section 54956.9. Case Name: One Potential Case.

5. City Council Closed Session Pursuant to Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Initiation of Litigation Pursuant to Subdivision (c) of Section 54956.9. Case Name: One Potential Case.

RECESS CITY COUNCIL/REDEVELOPMENT AGENCY (6:31 PM)

RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY (07:00 PM)

PLEDGE OF ALLEGIANCE - Michael Morgan (07:00 PM)

Roll Call (07:01 PM)
Present: Becnel; Brockman; Richey; Stonebarger; Taylor

INTRODUCTION YOUTH IN GOVERNMENT PARTICIPANTS (07:01 PM)

Parks and Recreation Supervisor, Barbie Gary, introduced the following Youth in Government Participants: Jorge Ordaz, Karina Galvan, Belinda Ordaz, Jessie Barbin, Nick Castle, Jordan Dietrich, Buffy Ajimura, Christina Guerrero, Stephanie Lemyre, Jamie Woodbury, Lauren Baker, Maggie Carabello, Leah Hocking, Casey Curran, Johnny Garcia, Gary Pomeroy, Madisen Trudell, Lindsay Hammond, Will Detlefsen, Maggie Landry, and Christopher Tarantino.

Mayor Taylor welcomed all participants.

PRESENTATIONS (07:08 PM)

B. Proclamation recognizing Chris "Cher" Robinson (C. Bronzan)

Christina Robinson accepted the Proclamation on behalf of her mother, Chris "Cher" Robinson.

A. Proclaiming May as National Drown Prevention Month (S. Barry)

Mayor Taylor spoke about the proclamation to bring public awareness to prevent drownings.

PUBLIC COMMENTS (07:17 PM)

Rod Linn spoke about the proclamation for Chris "Cher" Robinson, and announced there would be a fundraiser concert on May 3, 2008, at Luna Ranch, located at the corner of Balfour Road and Byron Highway.

Helen Torres, representing Luz Torres, spoke requesting speed bumps on her street, the corner of Estate Drive, due to drunk driver accidents. The Police Department and Planning had said it could not be done due to police and fire vehicles getting through. She also spoke about the Senior Center and food vendors at Friday night concerts. She asked for a free table so seniors could sell crafts at the concerts and proceeds to go to new Senior Center.

CONSENT CALENDAR (07:21 PM)

1. Approved minutes of the City Council/Redevelopment Agency meeting of March 25, 2008, and special City Council meetings held March 24, 2008 and March 25, 2008. (M. Wimberly)

2. PULLED FOR DISCUSSION - Approve the reappointment of Alfredo Garcia to a new term on the Brentwood Advisory Neighborhood Committee and accept the resignations of Alexis Reeves and Jason Davis from the Brentwood Advisory Neighborhood Committee (BANC). (C. Bronzan/B. Gary)

3. Accepted the resignation of Patrick McCarran from the Arts Commission. (C. Bronzan)

4. Reported Rate Schedule filed by "National Cab" required by section 5.60.150 of the Brentwood Municipal Code; update of National Cab Taxi License Application and Driver’s Permit Application. (K. Chew/M. Wimberly)

5. Set the date of April 22, 2008, to hear an appeal filed by Wilma Kraucyk of the Planning Commission’s decision regarding a conditional use permit to allow the establishment of a 100-foot high cellular tree pole and associated ground-based equipment, and a variance to allow the pole to exceed the maximum height limit of 35 feet, to be located on the Valley Oak Nursery property at 7021 Lone Tree Way. (APN 018-080-016). (C. McCann/T. Nielsen)

Mayor Taylor recused himself from voting on Item 5 due to a financial conflict.

6. Adopted Resolution 2008-77 approving and authorizing the City Manager to execute amendment No. 1 to the agreement between Contra Costa County, Ironhouse Sanitary District, the cities of Antioch, Brentwood, and Pittsburg, and Delta Diablo Sanitation District for expansion of the household hazardous waste facility, increasing the contract by $73,350 from a total contract amount of $92,842.53 to $166,192.53. (B. Grewal/ C. Ehlers/ J. Carlson)

7. Adopted Resolution 2008-78 adopting a Mitigated Negative Declaration for the roadway and utilities for access to the future La Paloma School site and future Brentwood Business Park, CIP Project No. 336-31682. (B. Grewal/D. Galey)

Council Member Stonebarger abstained on Item 7 due to a possible conflict of interest.

8. Adopted Resolution 2008-79 approving and authorizing the City Manager or her designee to execute a Professional Services Agreement with Eco:Logic Engineering for Groundwater Evaluation Studies which include a Groundwater Monitoring Work Plan and a Groundwater Quality Characterization to meet the requirements of the recently adopted Wastewater Treatment Plant Discharge permit in an amount not to exceed $51,500. (B. Grewal/ C. Ehlers/ K. Vickers)

9. Considered actions pertaining to the City’s Consolidated Landscape & Lighting Assessment Districts and Citywide Park Maintenance District No. 98-1 for Fiscal Year 2008/09, including the adoption of Resolution 2008-80 declaring the intention to order improvements, and levy and collect assessments; and setting the Public Hearing date for April 22, 2008, at 7:00 p.m. or thereafter. (B. Grewal/D. Galey)

10. Adopted Resolution 2008-81 establishing a Records Retention Schedule for the Parks and Recreation Department. (K. Chew/M. Wimberly)

11. Adopted Resolution 2008-82 accepting the Sage Glen Estates Park Improvements for Subdivision No. 8854, Castello Property, located at the northeast corner of Balfour Road and Fairview Avenue, by Western Pacific Housing, Inc. (C. Bronzan/K. DeSilva)

12. Waived second reading and adopted Ordinance 857 for 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. (C. McCann/T. Nielsen)

13. Adopted Resolution RDA-139 adopting a Replacement Housing Plan for 7030 Brentwood Boulevard. (C. McCann/D. Kwong)

14. Adopted Resolution RDA-140 authorizing the Agency Treasurer to transfer funds from the Redevelopment Agency of the City of Brentwood Tax Allocation Bonds, Series 2001, to the Downtown Parking Structure Capital Improvement Project #337-37204 in the amount of $50,000. (C. McCann/K. Reed)

15. Approved warrants from Warrant lists dated March 12, 2008 and March 19, 2008 (P. Ehler/L. Schelbert)

CONSENT CALENDAR (07:21 PM)

Motion: Approve Consent Calendar Items 1 - 15, except Item 2. Mayor Taylor recused himself on Item 5 due to a financial conflict, and Council Member Stonebarger abstained on Item 7 due to a possible conflict of interest.
The City Clerk read the title of Ordinance 857
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

2. Approve the reappointment of Alfredo Garcia to a new term on the Brentwood Advisory Neighborhood Committee and accept the resignations of Alexis Reeves and Jason Davis from the Brentwood Advisory Neighborhood Committee (BANC). (C. Bronzan/B. Gary)

Motion: Approve the reappointment of Alfredo Garcia to a new term on the Brentwood Advisory Neighborhood Committee and accept the resignations of Alexis Reeves and Jason Davis from the Brentwood Advisory Neighborhood Committee (BANC).
Moved by Richey, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

PUBLIC HEARING (07:25 PM)

16. Agency and Council - 1) Council - Adopt a Resolution to approve the Final Relocation Impact Statement and Last Resort Housing Plan for 7030 Brentwood Boulevard, and 2) Agency - Adopt 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. (C. McCann/D. Kwong)

Redevelopment Manager, Gina Rozenski, presented a staff report and said as part of the escrow contingency in connection with the purchase agreement approved by RDA on November 13, 2007, for Brentwood Boulevard, staff needed to complete relocation activities. Nine existing households would be permanently displaced by the Agency’s intent to demolish the units for unsafe and declining condition. As a result of the displacement, the Agency had prepared a Relocation Impact Statement to administer the relocation activities. A draft Statement was made available to the public for 30-days and the only comments received were from the existing property owners and they thanked the Redevelopment Agency for assisting the tenants in finding safe and sanitary housing. The Project Area Committee had reviewed the Statement and recommended to approve the Statement. Staff recommended the Redevelopment Agency adopt a resolution to approve the Statement and authorize the Redevelopment Agency Executive Director to execute the necessary relocation agreements to carry out the relocation activities. Staff also recommended that Council adopt a resolution approving the Final Relocation Statement.

Mayor Taylor opened the public hearing.

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

Motion: Adopt City Council Resolution 2008-83 to approve the Final Relocation Impact Statement and Last Resort Housing Plan for 7030 Brentwood Boulevard, and

Adopt Redevelopment Agency Resolution RDA-141 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.
Moved by Becnel, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

OLD BUSINESS (07:29 PM)

17. Introduce and waive the first reading of an Ordinance amending the Brentwood Municipal Code Title 8 by adding a new Chapter 8.44 (Rental Property Inspection) (C. McCann/L. Kidwell)

Code Enforcement Officer, Robbie Bienneman, presented a staff report and said the Neighborhood Improvement Committee had been discussing the possibility of a rental property inspection program. Establishing such a program would provide for a periodic and proactive inspection of rental properties throughout the City, enabling the City to ensure properties were properly maintained. She explained how the program worked and said the program did not generate revenue other than business licenses taxes. The ordinance would provide for a review of the program after three years to determine effectiveness and over time, money from the general fund would be necessary to subsidize the business tax revenue. If adopted, the ordinance would require all owners of rental property to purchase a business license in accordance with the business license ordinance. The funding source would be used to partially off-set the cost of the program. Instituting the program would require one full time Code Enforcement Officer to conduct and track inspections, an accounting assistant to collect and track the business license revenue, and a half time administrative assistant to provide administrative support to the program.

Council Member Richey asked to clarify that the requirements for business licenses for rental properties was not a change from what the City currently had and was an enforcement of what was already in effect.

Code Enforcement Officer, Robbie Bienneman, said that was correct.

Council Member Richey asked about the mechanism built in for the follow up from an exterior inspection and what would happen if problems were not resolved.

Code Enforcement Officer, Robbie Bienneman, said an exterior inspection would be conducted from the right of way and any violations would be noted. A notice of violations would go to the property owner and the owner would be given time to correct violations. Should violations not be corrected at the time of re-inspection, an administrative citation could be utilized or an abatement of the property could be done and follow up with cost recovery by billing or property lien.

Council Member Richey asked who was held accountable per the Code, if there was a way of going against an exemption through the County to get the exemption taken away, how the process compared to others in surrounding communities, and if an inspection could be pursued through and inspection warrant or under the existing property maintenance ordinance.

Code Enforcement Officer, Robbie Bienneman, said the Brentwood Municipal Code stated the responsible party, which could be a tenant or property owner or bank. If an owner had their homeowner’s exemption through the County, and the property was declared substandard and had sufficient health and safety issues, it could be reported to the State Franchise Tax Board. The proposed program was an exterior only inspection program and many of the surrounding jurisdictions had interior inspections and charged fees for interior inspections. The proposed program was less intrusive than surrounding jurisdictions. If there was something on the exterior of the property leading Code Enforcement to believe there were serious health and safety issues or interior deficiencies, the property owner could be contacted to seek interior inspection. If the property owner to did not consent to an interior inspection, Code Enforcement could seek a warrant.

Mayor Taylor asked about the definition of a rental.

Code Enforcement Officer, Robbie Bienneman, said the ordinance stated it was a residential dwelling within the City occupied by or intended for occupancy by a person other than the owner of record, as shown on the last equalized assessment roll. She said staff could determine if it was a rental property by if there was a homeowner's exemption on it or if the site or mailing address were different.

Mayor Taylor asked if the property was considered rental property if the owner lived in the property and rented out rooms.

Code Enforcement Officer, Robbie Bienneman, said no, the property owner was residing in the property, which was considered owner occupied.

Mayor Taylor asked if it was considered rental property if someone went away on vacation and rented their house out to family or friends.

Code Enforcement Officer, Robbie Bienneman, said she believed it would depend on how long the owner was gone and did not think that would trigger an inspection. The mechanism to be used was the homeowner's exemption to see if the site or mailing address was different. If there was a complaint on the property, it would trigger an inspection on the property.

Mayor Taylor asked if inspections were conducted every two years and once a rental had been inspected, other than a complaint, did Code Enforcement return to the home and when was the next inspection.

Code Enforcement Officer, Robbie Bienneman, said the property was inspected on a two year cycle, based on the estimated number of rentals in the City. Another inspection could be conducted if a complaint was received.

Mayor Taylor asked if there was an appeal process if the renter or property owner did not agree about compliance.

Code Enforcement Officer, Robbie Bienneman, said if an administrative citation was received, there was an appeal process built in.

Mayor Taylor asked to make an informational program available on the net, including fees, for those wishing to rent their property.

Vice Mayor Brockman asked about the two existing ordinances and how those ordinances would differ from the rental enforcement ordinance.

Code Enforcement, Robbie Bienneman, said property owners and tenants would be responsible for adhering to the existing Municipal Code. The difference was that the rental properties would be inspected on a two year cycle.

Vice Mayor Brockman said the current ordinance required the exterior to be maintained.

Code Enforcement Officer, Robbie Bienneman, said the ordinance required the exterior be maintained and Code Enforcement was not doing a proactive inspection on a scheduled basis and not currently enforcing the business license aspect and the program would be proactive.

Vice Mayor Brockman asked how the rental units would be found.

Code Enforcement Officer, Robbie Bienneman, said Code Enforcement would look at the homeowners exemptions and those properties that did not take a homeowners exemption were generally rental properties or if the site and the mailing address were different, or if a complaint was received.

Vice Mayor Brockman asked about the process following a complaint, inspection, violation process.

Code Enforcement Officer, Robbie Bienneman, said Code Enforcement did an inspection and noted a violation on the property, the property owner or responsible party was sent a notice of the violation and the time frame in which to correct the violation.

Vice Mayor Brockman asked if an employee would be hired to go through property records and research who owned property that was a rental or an actual homeowner.

Code Enforcement Officer, Robbie Bienneman, said that was correct.

Mayor Taylor asked about exemptions.

Code Enforcement Officer, Robbie Bienneman, said hotels and motels would be exempt, and residential properties would be inspected. An exemption would be if it was government or state owned property, which did not mean Section 8 rental. There were very few properties owned by a government entity and those properties would not have inspections on them. Mobile home parks would be exempt.

Mayor Taylor asked about closed, gated communities such as Summerset.

Code Enforcement Officer, Robbie Bienneman, said the City currently did not do typical code enforcement activities since it was a private homeowner association and they did their own policing. A serious health and safety issue or building code violation would be handled by the City.

Council Member Richey asked if the current Code Enforcement program was paid for out of the general fund and in the next couple of years, the rental inspection program would be paid for from the licensing fees that will be collected.

Code Enforcement Officer, Robbie Bienneman, said Code Enforcement was paid from the general fund and the general fund will have to subsidize more of general fund as time progresses and the fees would be adjusted.

Mayor Taylor opened the public hearing.

David Roche, thanked the efforts of the Neighborhood Improvement Committee, said residents were frustrated with rentals and indifferent landlords. The issue needed to be addressed and he encouraged Council to vote for the recommendations of the Neighborhood Improvement Committee. He asked to send a message to landlords to care for their properties.

Linda Nakaji was in support of the rental inspection program ordinance and she commended the Neighborhood Improvement Committee for the rental inspection ordinance. Rentals were not similar to owner occupied homes and were a business. Landlords could write off their homes like a business. She spoke about current ordinances and said the rental program would not have the money or staff to deal with the increased load or rental problems. The bulk of non-compliance issues in most cities occurred with rentals and health and safety issues affected tenants and interiors may need to be inspected. The cost to find an absentee landlord could be tremendous. She asked for a program that addressed actions or inactions of irresponsible landlords and related costs. Residents felt rentals had a negative effect on their neighborhood and quality of life. She asked Council to support rental inspection.

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

Council Member Richey spoke about surrounding communities having a rental inspection program and landlord accountability. Rentals were a business. The program was financed properly and was not an impact on the general fund or current City services. He felt a proactive approach was prevention and made it easy to obtain voluntary compliance. He wanted something stricter.

Council Member Stonebarger said he was a proponent of the program and felt the City was moving in the right direction.

Mayor Taylor said he wanted a better community.

Vice Mayor Brockman had been an opponent and had a problem with monitoring the program. He felt that people who owned property had the right to do what ever they pleased. The City was imposing an ordinance where there was already a requirement in the ordinances. He spoke about issues and said tenants were not bad people. Some of the homes with problems were actually homeowners and it was a principal issue. All homeowners were hit by decreased home values and the City wanted to keep things from getting worse. The current ordinance was passed two to three months ago and he invited citizens to write a letter to the City if there were issues since there was already an ordinance. Rental inspection may be better for the community, but he had an issue with the principal of it. There were good landlords and he supported those people. He did not have a problem with the ordinance in spirit and he said he could not vote for it. Where did the City stop and he had concerns about rights.

Motion: Introduce and waive the first reading of an Ordinance amending the Brentwood Municipal Code Title 8 by adding a new Chapter 8.44 (Rental Property Inspection)
The City Clerk read the title of the proposed Ordinance.
Moved by Richey, seconded by Becnel.
Vote: Motion carried 4-1.
Yes: Becnel; Richey; Stonebarger; Taylor
No: Brockman

18. Accept a report on the American Avenue Task Force and support the Task Force recommendations. (B. Grewal/P. Eldredge)

Engineering Manager, Steve Kersevan, presented a staff report, and said the American Avenue Task Force had compiled a list of short, mid and long term projects that would alleviate the main concerns of safety and congestion. Staff recommended proceeding on three of the projects, which would be beneficial to the City and both schools. The projects would entail the construction of a 10-foot wide asphalt path from Balfour Road to the exit to the rotunda to separate pedestrians, bicyclists and skateboarders from the vehicular travel lane, restriping American Avenue, and student parking lot entrance modifications.

The Task Force had compiled a list of safety and congestion recommendations. The estimated cost was $185,000 and both School Districts would be asked to agree with 1/3 of the costs.

Mayor Taylor asked if the City or School Districts owned the property where the suggested bike paths were located.

Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, said the City owned a portion of the property on the east side of American Avenue, with the exception of a small portion of the right of way closer to Balfour Road. The City would need a small piece of right of way.

Mayor Taylor asked if the piece of property would need to be purchased.

Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, said that there was an option to purchase the property and there would need to be discussions and negotiations with the property owner.

Mayor Taylor asked how much it would cost to purchase the property.

Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, said the cost would be minimal and would not have a significant impact on the cost estimate if the City had to purchase the property.

Mayor Taylor asked if the School Districts would need to purchase their share of the easement from the City.

Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, said the property would remain public City right of way.

Mayor Taylor asked if the School Districts would have to share the cost equally.

Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, said staff recommended the City fund one-third of the improvements, and it would be between the two School Districts on how they wished to fund the other two-thirds. The schedule to get the improvements constructed was ambitious during the summer break. Staff would not recommend that Council award a construction contract until the City had a signed a reimbursement agreement by all parties involved. To meet the construction schedule, June 9, 2008, would be the first Monday after school was out and a construction contract would need to be to Council for award by May 20, 2008, to have the job done over the summer.

Mayor Taylor asked who the lead agency would be in the process.

Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, said a majority of improvements reside in the City’s right of way, and the City would take on the responsibility of issuing the construction contract and managing the construction. A small portion of improvements reside on the entrance of the high school’s property and could be included in the City contract, since it was such a small portion of work.

Mayor Taylor asked what the completion date would be.

Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, said the City would write and issue the construction contract, and it would be the desire of staff to complete the project before school was back in session. If that was not possible, staff could do the installation of the bike trail when school was in session since the impact to traffic would be minimal. Should Council vote in favor of staff recommendation, the next step would be to notify the School District of the outcome and the schedule to see if the School District would be interested.

Vice Mayor Brockman asked about timelines.

Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, said the schedule was ambitious.

Mayor Taylor requested public comments.

Dani Calbasso said there were dangerous drivers in the area when taking her child to Adams Middle School and she was concerned about letting children bike and skateboard. She asked for support of the proposed recommendations of the Task Force and that changes be implemented immediately due to safety.

Merril Grant, Superintendent, Brentwood Union School District, proposed that the asphalt path run past the rotunda up to the dead end of American Avenue, where Adams Middle School terminates, eliminating children having to cross the street with bicycles. If there was an add-on with the School District, it could be discussed or if it were part of the overall package, he asked the item also be put out to bid.

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

Council Member Stonebarger said safety was a primary concern and congestion was a problem. He asked if there was a safety issue regarding the bike path from the loop up to Adams Middle School.

Engineering Manager, Steve Kersevan, said the bike path was not originally recommended and was stopped where it was because the intersection was stop controlled and had a crossing guard. When the second lane coming down American Avenue had been added last summer, the crosswalks and stop signs were removed from the next two intersections. He spoke about the school training the children that if they were going to American Avenue, they would need to follow the pathway to the end and then cross. He was concerned about children running across American Avenue or from the path and taking the short cut to cross the street. The proposal would involve training the children.

Council Member Stonebarger asked about a time frame and course of action and if the proposal could be handled in summer or during October break. He said staff had recommended being aggressive and getting some improvements in the summer. In working with staff, he said a contract would need to be approved in May and a recommendation done by the next Council meeting. The School District would need to meet the next day to agree on how the improvements would be funded and he felt the City's offer to fund 1/3 of the project was a fair amount and he was in support of moving in that direction. He had spoken to the High School and Middle School Boards about the aggressive schedule and the Boards may have the items on their calendar soon. It was an ambitious time frame and he believed it could be done and was vital for continued safety and congestion relief. He spoke about costs and said he did not have a problem with the additional estimate for the path up to Adams Middle School.

Council Member Richey said it was overdue and he was in support of the Task Force recommendations as listed in the staff report.

Council Member Becnel said he supported the recommendations of the Task Force and said it demonstrated how all three entities could work together.

Mayor Taylor said he felt something needed to be done now and encouraged the boards to look at it and work together in a constructive manner. The City would come up with the funds, the children would need to be educated, and there would be Police enforcement.

Council Member Stonebarger asked to clarify that if the item was approved, and after discussions with the School Districts, would there be another item on the agenda to finalize what the City would go out to bid for.

Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, said there would be another opportunity for Council input. The next items to come before Council would be a cost sharing agreement between the School Districts and City, amendments to the CIP budget, approved plans and specifications, and staff would be directed to put the items out to bid. He presented options for Council and said Council could direct staff to include the additional bike path as an alternate and if prices were favorable. The City could do the additional work under the current 1/3 proposal or the City did not construct it.

Council Member Stonebarger said the City was on a tight time frame to be able to move this forward.

Council Member Richey was in favor of the bid alternative.

Motion: Accept a report on the American Avenue Task Force and support the Task Force recommendations.
Moved by Stonebarger, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

19. Adopt a Resolution extending the time limit for the East Contra Costa Fire Protection District to adopt their resolution amending the structure of its governing board. (D. Landeros)

City Manager, Donna Landeros, said the item was a request from the County for Council to extend the time frame of the Resolution adopted on February 12, 2008, for an additional 45 days to allow the County and City of Oakley to continue negotiations over four properties that they had joint interest in, and resolve the issue and move forward with the appointed board governance model.

Council Member Richey asked if the 45 day extension precluded the City from seeking other avenues during the 45 days.

City Manager, Donna Landeros, said if the City wanted to give the County and the City of Oakley a chance to resolve differences, it would be best to hold any subsequent action.

Vice Mayor Brockman said he felt the time was reasonable.

Mayor Taylor requested public comments.

Mayor Taylor closed public comments.

Council Member Stonebarger said he was in support of the 45 days and hoped the County and City of Oakley could resolve their differences. If not, the City may need to look in a different direction.

Council Member Richey said he was not in favor of extending the 45 days and it was time to move on.

Council Member Becnel said he was not sure if the County and City of Oakley would be able to reach a resolution. He felt he needed to give them the opportunity to resolve differences and agreed to the 45 days.

Vice Mayor Brockman said he did not want to have an extension, but in the spirit of working with the City of Oakley and having unity in East County, the 45 days was alright.

Council Member Richey said he felt there was a benefit in taking a regional approach and felt waiting the 45 days would go no where.

Mayor Taylor said on the 46th day, Council would need to proceed in a different direction.

Motion: Adopt Resolution 2008-84 extending the time limit for the East Contra Costa Fire Protection District to adopt their resolution amending the structure of its governing board.
Moved by Becnel, seconded by Brockman.
Vote: Motion carried 4-1.
Yes: Becnel; Brockman; Stonebarger; Taylor
No: Richey

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (08:49 PM)

Mayor Taylor reported on his attendance at the Mayor’s Conference and Odyssey Of The Minds held at Heritage High School.

Mayor Taylor asked for a volunteer to serve on the Airport Land Use Commission and re-appointed Vice Mayor Brockman.

REQUEST FOR FUTURE AGENDA ITEMS (08:52 PM)
A. Vice Mayor Brockman will explain to the Council his request for an informational report on a concrete pond for the Heron Detention Basin.

Vice Mayor Brockman explained his request regarding Heron Detention Basin and asked what could be done for the basin and other basins in the City.

City Manager, Donna Landeros, said staff had met with Greg Robinson and believed there was significant enough interest to try and bring back information to Council should Council wish to continue on the path.

ADJOURNMENT (08:55 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