CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, 7:00 P.M.
MAY 13, 2008
COUNCIL CHAMBER

CALL TO ORDER CITY COUNCIL - 734 Third Street, Brentwood, CA 94513 (6:00 PM)

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

PUBLIC COMMENTS - None (6:01 PM)

ADJOURN TO CLOSED SESSION - Community Development Conference Room - 118 Oak Street, Brentwood, CA 94513 (6:01 PM)

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

1. City Council Closed Session pursuant to Government Code Section 54956.9(a): CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. Name of case: City of Brentwood v. Joe Shaver, et al.

2. City Council Closed Session pursuant to Government Code Section 54956.8 CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Property: Portion of property located near intersection of Brentwood Blvd. and Sand Creek Road APN: 016-170-010 (portion). Negotiating Party: Franklin Four, LLC; Thomas Franklin, LLC; SSB, LLC. City Negotiators: Bailey Grewal/Paul Eldredge. Under Negotiation: Price and terms of payment.

RECESS CITY COUNCIL (6:52 PM)

RECONVENE CITY COUNCIL AND CALL TO ORDER REDEVELOPMENT AGENCY (07:02 PM)

REPORT ON CLOSED SESSION (if any) (07:02 PM)

Pledge of Allegiance - Michaela Sullivan (07:02 PM)

Roll Call (07:04 PM)
Present: Becnel; Brockman; Richey; Stonebarger; Taylor

PRESENTATIONS (07:04 PM)

A. Recognition of Staff Sgt. Michael Broussard, winner of the Army’s 2008 Best Ranger competition.

Mayor Taylor introduced Staff Sgt. Michael Broussard, winner of the Army's 2008 Best Ranger competition.

Mr. Prost of Congressman Jerry McNerney’s Office presented Staff Sgt. Michael Broussard with a Congressional Record Statement and a flag that had been flown over the Capitol.

Terry Tonge of Assemblyman Guy Houston’s Office presented Staff Sgt. Michael Broussard with a certificate from the State recognizing his accomplishments.

Mayor Taylor presented the Proclamation recognizing Staff Sgt. Broussard.

Staff Sgt., Michael Broussard, thanked everyone for their support.

B. Presentation of Certificates of Commendation to Michaela Sullivan and Sgt. Miguel Hinojosa

Mayor Taylor introduced Michaela Sullivan and Sgt. Miguel Hinojosa.

Mr. Prost from Congressman Jerry McNerney’s Office presented a Congressional Record Entry to both Michaela Sullivan and Sgt. Miguel Hinojosa for saving the life of a five year old child.

Terry Tonge of Assemblyman Guy Houston’s Office presented certificates in recognition of heroic efforts to both Michaela Sullivan and Sgt. Miguel Hinojosa.

Mayor Taylor presented Certificates of Commendation to Michaela Sullivan and Sgt. Miguel Hinojosa for saving the life of a child.

Staff Sergeant Hughes and Sergeant Adams were present to honor Staff Sgt. Broussard.

C. Proclamation recognizing May 12-17, 2008 as National Bike Week. (C. Bronzan/P. Scherff)

Mayor Taylor presented the National Bike Week Proclamation to Park and Recreation Commissioner, Lanny Brown.

D. Proclamation recognizing October 2008 as the National Arts & Humanities Month and Celebrating the Brentwood Art, Wine and Jazz Festival October 11th & 12th. (C. Bronzan/P. Scherff)

Peggy Schuitemaker announced the Art, Wine and Jazz Festival will be celebrated October 11-12, 2008.

PUBLIC COMMENTS (07:35 PM)

Gary Prost, Congressman Jerry McNerney’s Office, announced the Brentwood Economic Summit, hosted by Congressman McNerney’s Office and the Chamber of Commerce, would be held Tuesday, May 27, 2008, from 8:30 a.m. to noon, at the Brentwood Community Center Multipurpose Room.

Karyn Cornell, Supervisor Mary Piepho’s Office, provided a report on activities from Supervisor Mary Piepho’s Office.

Randy Mass spoke regarding a letter he had received from the Chief Building Official.

CONSENT CALENDAR (07:41 PM)

1. Approved minutes of the City Council/Redevelopment Agency meeting of April 22, 2008, and special meeting held April 14, 2008. (M. Wimberly)

2. Accepted the Proclamation declaring May 18-24, 2008 as National Public Works Week (B. Grewal/ C. Ehlers)

3. Accepted the Proclamation declaring May 2008 to be Water Awareness Month. (B. Grewal/ C. Ehlers)

4. PULLED FOR DISCUSSION - Adopt a Resolution approving and authorizing the City Manager or her designee to execute a Professional Services Agreement with Contra Costa County on behalf of its Office of Revenue Collection (ORC) for collection services in connection with unpaid amounts owed to the City. (P. Ehler/K. Breen)

5. Adopted Resolution 2008-96 increasing the amount authorized to be spent with Public Financial Management for the 2007/08 fiscal year by $15,000 for a total amount not-to-exceed $165,000. (P. Ehler/K. Breen)


6. Adopted Resolution 2008-97 delegating annual management responsibility for the investment program to the City Treasurer and approving an amendment to the Investment Policy (City Council/Administrative Policy No.10-4) to comply with recent changes to State law. (P. Ehler/K. Breen)

7. Adopted Resolution 2008-98 amending Council/Administrative Policy No. 10-5 Budget and Fiscal Policies to update the Emergency Preparedness Fund and Interfund Transfers and Loans portions of the Policy. (P. Ehler/D. Davies)

8. PULLED FOR DISCUSSION - Authorized the City Manager or her designee to file a claim against Contra Costa County for the recovery of sums overcharged by the County for the administration of the property tax system. (P. Ehler/K. Breen)

9. Adopted Resolution 2008-99 to Award Funding from the Business License Tax Grant Program in the amount of $121,000, as recommended by the Land Use and Development Committee. (C. McCann/L. Maurer)

10. Adopted Resolution 2008-100 approving the closure of streets for the use of City-owned property for the staging of the 2008 Multi-Cultural Celebration by the City of Brentwood Parks and Recreation Department on June 13, 2008. (C. Bronzan/P. Scherff/O. Alvarez)

11. PULLED FOR DISCUSSION - Adopt a Resolution approving and authorizing the City Manager or designee to execute a Cost Sharing Agreement for Improvements to American Avenue with the Liberty Union High School District and Brentwood Union School District for shared responsibilities of the improvements recommended by the American Avenue Task Force. (B. Grewal/D. Galey)

12. Adopted Resolution 2008-101 accepting all off-site public improvements; accepting the Maintenance Bond; and releasing the Improvement Securities for Conditional Use Permit No. 00-09, developed by B.P. West Coast Products/ARCO, located at the southeast corner of Balfour Road and John Muir Parkway. (B. Grewal/D. Galey)

13. Adopted Resolution 2008-102 approving and authorizing the City Manager or designee to execute Amendment No. Two to the Professional Services Agreement with NorthStar Engineering Group, Inc. for the Brentwood Business Park Improvements, CIP Project No. 336-31682, in an amount not to exceed $21,620, and amending the CIP Budget Sheet to include the additional scope of work. (B. Grewal/F. Lideros)

Council Member Stonebarger abstained due to a potential conflict of interest.

14. Adopted Resolution 2008-103 awarding the bid, approving the contract documents, and authorizing the City Manager or designee to execute necessary documents for Bid Package # 5 - Structural Steel to Martinez Sheet Metal Inc. in the amount of $183,972 plus a 10% contingency of $18,397.20 for a total contract amount of $202,369.20 for Brentwood Senior Activity Center CIP No. 522-52280 and Aquatic Complex/Concession Stand CIP No. 522-52300. (C. Bronzan/P. Scherff)

15. Adopted Resolution 2008-104 supporting reform of the bond rating system to eliminate discrimination against municipal bonds, authorizing the Mayor or designee to sign a letter protesting the double standard in bond ratings, directing staff to send the letter to the three major bond rating agencies and to register the City as a member of the coalition of public agencies supporting the reform. (P. Ehler/K. Breen)

16. Adopted Resolution 2008-105 approving and authorizing the City Manager to execute Amendment No. 3 to the Amended and Restated Contract for Landscape Maintenance with Cagwin and Dorward in the amount of $75,000 for a total contract amount of $2,319,129 for the Sunset Park Improvement Project, CIP 352-52402 to add amendments to existing soil, over-seed all areas and re-sod selected high use areas. (C. Bronzan/B. Margesson)

17. Adopted Resolution 2008-106 approving a temporary use permit (TUP 08-06) and allowing the use of City right-of-way and authorizing the closure of a portion of Pine Street in order to facilitate the 1st Annual "Day of the Children" Fundraiser, to be held on Sunday, May 18, 2008, between the hours of 9:00 a.m. and 7:00 p.m. (C. McCann/ J. Zilm)

18. Adopted Resolution 2008-107 appointing RBC Capital Markets, Inc. as the underwriter, Orrick, Herrington & Sutcliffe LLP as the bond and disclosure counsel; and declaring official intent to reimburse certain expenditures from proceeds of indebtedness in connection with the financing of the new water treatment plant to be constructed by the Contra Costa Water District and refinancing prior obligations issued for the water and wastewater enterprise; and authorizing necessary staff to undertake the proceedings of debt issuance for future Council consideration. (P. Ehler/B. Kelleher)

19. PULLED FOR DISCUSSION - Adopt a Resolution 1) declaring official intent to reimburse certain expenditures for the Brentwood Senior Activity Center, Downtown Streetscape Plan, Downtown Infrastructure, Downtown Parking Structure, New City Hall, Civic Center Parking Facility, New Community Center, Library Relocation, Civic Center Plaza and City Park projects in an amount not-to-exceed $72,000,000, from proceeds of indebtedness and 2) appointing RBC Capital Markets, Inc. as the underwriter, Orrick, Herrington & Sutcliffe LLP as the bond and disclosure counsel, Del Rio Advisors, LLC as the financial advisor and authorizing staff to undertake the proceedings of debt issuance for future Council consideration. (P. Ehler/B. Kelleher)

20. Redevelopment - Approved warrants from Warrant lists dated April 9, 2008 and April 16, 2008. (P. Ehler/L. Schelbert)

CONSENT CALENDAR ACTIONS (07:42 PM)

Motion: Approve Consent Calendar Items 1 - 20, with the exception of Items 4, 8, 11, and 19. Council Member Stonebarger abstained on Item 13 due to a potential conflict.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

4. Adopt a Resolution approving and authorizing the City Manager or her designee to execute a Professional Services Agreement with Contra Costa County on behalf of its Office of Revenue Collection (ORC) for collection services in connection with unpaid amounts owed to the City. (P. Ehler/K. Breen)

Accounting Manager-Business Services Manager, Kerry Breen, presented a staff report and said the item was an agreement with Contra Costa County, Office of Revenue Collection, to collect on delinquent accounts on the City’s behalf.

Mayor Taylor asked if the County kept accurate records and how long were the funds held.

Accounting Manager-Business Services Manager, Kerry Breen, stated the County remitted monthly and took a 25% fee but added to what was owed to the City from the fee. The system was revenue neutral and the City would not lose any money owed. The County provided the City with monthly reporting on what was collected, what was outstanding and what was proposed for those accounts, such as a settlement or payment arrangements, whichever would maximize the collection effort.

Motion: Adopt Resolution 2008-108 approving and authorizing the City Manager or her designee to execute a Professional Services Agreement with Contra Costa County on behalf of its Office of Revenue Collection (ORC) for collection services in connection with unpaid amounts owed to the City.
Moved by Taylor, seconded by Brockman.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

8. PULLED FOR DISCUSSION - Authorized the City Manager or her designee to file a claim against Contra Costa County for the recovery of sums overcharged by the County for the administration of the property tax system. (P. Ehler/K. Breen)

Accounting Manager-Business Services Manager, Kerry Breen, presented a staff report and said the item was a filing of a claim against Contra Costa County with regard to the City’s property tax administration charges. The County had included additional sums of money in the property tax calculation and calculated the fee based on items that should not have been included, per the State Controlller’s Office. The City was reserving its right to file a claim against that money that the City felt it was being unfairly charged for.

City Manager, Donna Landeros, said the City disagreed with the formula used by the County to calculate the cost of administering the property tax system. The cities in Contra Costa County were in agreement that the fees were not justified. The Board of Supervisors conducted the hearing and the fees were adopted. She said there had been discussion about the possibility of a tolling agreement so that if there was a Statewide lawsuit, the City would be incorporated in the remedy. Staff may return to talk to Council about other alternatives.

Mayor Taylor asked what the amount of money would be.

Accounting Manager-Business Services Manager, Kerry Breen, said it would be approximately $45,000 annually.

Director of Finance and Information Systems, Pamela Ehler, said it was a 63 percent increase in the fee.

Motion: Authorize the City Manager or her designee to file a claim against Contra Costa County for the recovery of sums overcharged by the County for the administration of the property tax system.
Moved by Taylor, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

11. Adopt a Resolution approving and authorizing the City Manager or designee to execute a Cost Sharing Agreement for Improvements to American Avenue with the Liberty Union High School District and Brentwood Union School District for shared responsibilities of the improvements recommended by the American Avenue Task Force. (B. Grewal/D. Galey)

Director of Public Works/City Engineer, Bailey Grewal, presented a staff report and spoke about the American Avenue Task Force. Staff had gone out with a cost estimate and prepared an agreement to share the cost of the improvements. with the school districts. He explained the improvements, recommended by the Task Force, and said each agency would be sharing 1/3 of the cost of the improvements. If the cost of improvements was more than $185,000 the City would need to ask both school districts for their permission to amend the amount. He believed the City would get a good price on the improvements and the work could be done while school was out.

Motion: Adopt Resolution 2008-109 approving and authorizing the City Manager or designee to execute a Cost Sharing Agreement for Improvements to American Avenue with the Liberty Union High School District and Brentwood Union School District for shared responsibilities of the improvements recommended by the American Avenue Task Force.
Moved by Taylor, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

19. Adopt a Resolution 1) declaring official intent to reimburse certain expenditures for the Brentwood Senior Activity Center, Downtown Streetscape Plan, Downtown Infrastructure, Downtown Parking Structure, New City Hall, Civic Center Parking Facility, New Community Center, Library Relocation, Civic Center Plaza and City Park projects in an amount not-to-exceed $72,000,000, from proceeds of indebtedness and 2) appointing RBC Capital Markets, Inc. as the underwriter, Orrick, Herrington & Sutcliffe LLP as the bond and disclosure counsel, Del Rio Advisors, LLC as the financial advisor and authorizing staff to undertake the proceedings of debt issuance for future Council consideration. (P. Ehler/B. Kelleher)

Director of Finance and Information Systems, Pam Ehler, introduced bond counsel, John Knox, Orreck Harrington, and Sutcliffe.

John Knox, Orreck, Harrington & Sutcliffe, asked Council to adopt a Resolution that was related to a federal tax law requirement that said if the City wanted to reimburse themselves from future debt for expenses made today, the resolution would need to be adopted to establish the intent to reimburse. This would also appoint the firm of Orreck, Harrington & Sutcliffe, RBC and Del Rio Advisors as the financing team.

Bill Bristow was in favor of the City being able to reimburse themselves. He said he was in favor of a new City Hall and cautioned the Council to move slowly due to economic times.

Emil Geddes said he was in support of the City Hall and asked that Council be cautious due to a difficult economy.

Council Member Stonebarger spoke regarding the item in relation to the CIP budget and felt it was premature to adopt it prior to adopting the CIP budget.

Council Member Richey felt the City was making financial decisions prior to policy decisions and spoke regarding first source and policy direction and felt the item was premature.

Council Member Becnel stated the City had policy direction and it had been voted on in the past. The approval would position the City to make sure it would be able to borrow the money at the most expeditious time. The City did not want options cut off and by not approving the item, the option would be cut off. He spoke about the comment made by Mr. Bristow about the need for a City Hall and to move forward with caution. Items were being analyzed by the City and the Council was cautious. He had every confidence that if the decision was to go at a slower pace, or not, that the City had analyzed all of the issues and understands the financing involved and the amount of money that was being spent. The City was not going to be put in a situation to build something it could not afford. He felt options needed to be preserved and not eliminated.

Council Member Richey said he felt it would be like locking into an interest rate and there were policy issues here. He remained in support of the Civic Center and said details needed to be worked out prior to bond exploration.

Council Member Becnel asked if the City was locking in interest rates or financing by taking action on the item.

Director of Finance and Information Systems, Pam Ehler, said no, and the item would allow staff to work with a team to put a plan together and make sure this was the right plan. The City could take a look at every option and when bids came in, staff would come back to Council. Staff and the team needed time to put every option together.

Mayor Taylor asked about the consequences of moving or not moving forward.

City Manager, Donna Landeros, said a presentation had been done for Council in February, which laid out all of the decision points that Council would be asked to act on in the process. Jim Wyrick, LPA, would address that question as part of his presentation during Item 24 on the agenda. The Council would not be in a position to make a fully informed decision until there were bids and financing information. Without those two pieces of information, staff would not be able to analyze the facts and tell Council to proceed or take the project in phases or if there were other alternatives. It would take until early 2009, if the City started now, to be positioned to give Council good information.

Vice Mayor Brockman said there was no impact now except getting ducks in a row.

Council Member Richey asked if this was a zero dollar item until the bonds were issued.

Director of Finance and Information Systems, Pam Ehler, said to be able to reimburse ourselves from bond proceeds, the City needed to have the item adopted.

Vice Mayor Brockman asked if it was fair to say that by not adopting the item, it placed the City in a position to not qualify the funds for that if the City bonded for it; and if the City did not proceed with the bonds, the City would be paying back the loans internally anyway.

Director of Finance and Information Systems, Pam Ehler, agreed.

Mayor Taylor said this would not be done if the City did not have the money. The City would analyze funding and was on the cutting edge.

Motion: Adopt Resolution 2008-110 1) declaring official intent to reimburse certain expenditures for the Brentwood Senior Activity Center, Downtown Streetscape Plan, Downtown Infrastructure, Downtown Parking Structure, New City Hall, Civic Center Parking Facility, New Community Center, Library Relocation, Civic Center Plaza and City Park projects in an amount not-to-exceed $72,000,000, from proceeds of indebtedness and 2) appointing RBC Capital Markets, Inc. as the underwriter, Orrick, Herrington & Sutcliffe LLP as the bond and disclosure counsel, Del Rio Advisors, LLC as the financial advisor and authorizing staff to undertake the proceedings of debt issuance for future Council consideration.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 4-1.
Yes: Becnel; Brockman; Richey; Taylor
No: Stonebarger

PUBLIC HEARINGS (08:21 PM)

21. Consideration of Resolutions - 1) Adopt a Resolution approving a Memorandum of Understanding between the City of Brentwood and the Brentwood Chamber of Commerce regarding the 2008 CornFest event and authorize the City Manager or her designee to execute the Memorandum of Understanding, and 2) Adopt a Resolution authorizing a donation of $23,000 to the Brentwood Chamber of Commerce to fund the CornFest fireworks. (C. McCann/L. Maurer)

Economic Development Manager, Linda Maurer, presented the staff report and recommended the Memorandum of Understanding with the Chamber of Commerce and the fireworks donation, funding of which was included in the 2008/09 Operating Budget for the Economic Development Division.

Mayor Taylor opened the public hearing.

Harry York, Chamber of Commerce, thanked Council for their support and spoke regarding the line up.

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

Council Member Richey was not in favor of authorizing the donation of $23,000 to the Chamber for fireworks. He felt that $23,000 was a lot of money for fireworks and believed the City should take control and bid for firework services.


Council Member Becnel said it was not a gift of public funds and was a draw to the downtown area.

Council Member Richey asked about the Chamber of Commerce and bidding out the fireworks.

Economic Development Manager, Linda Maurer, said the Chamber had a source they had been using for some time for the event and it was not competitively bid annually.

Council Member Richey said it was a policy decision to look at giving away the money without a process in place when a process could be put in place and protect funds.

Council Member Stonebarger said he was concerned about getting the most for the money.

Vice Mayor Brockman said he appreciated the viewpoint of being fiscally responsible with the funds and was in support of the item. The fireworks had become a mainstay in the Bay area. The City was being reimbursed from the Chamber for services. He suggested a grant of $23,000 to the Chamber with the caveat that the Chamber show the City competitive bidding for the services.

Motion: 1) Adopt Resolution 2008-111 approving a Memorandum of Understanding between the City of Brentwood and the Brentwood Chamber of Commerce regarding the 2008 CornFest event and authorize the City Manager or her designee to execute the Memorandum of Understanding, and 2) Adopt Resolution 2008-112 authorizing a donation of $23,000 to the Brentwood Chamber of Commerce to fund the CornFest fireworks.
Moved by Becnel, seconded by Brockman.

Council Member Becnel asked that for next year's MOU with the Chamber of Commerce regarding fireworks, that through the Chamber, the competitive bid process is looked at.

Vote: Motion carried 4-1.
Yes: Becnel; Brockman; Stonebarger; Taylor
No: Richey

22. Adopt a Resolution approving the Collection Policy (City Council/Administrative Policy No. 10-15) and approving an amendment to the Cost Allocation Plan and Schedule of City Fees, adding cost for attorney services, collection agency services and cost associated with liens and assessments. (P. Ehler/K. Breen)

Accounting Manager - Business Services Manager, Kerry Breen, presented the staff report and said staff recommended cost recovery for collection agency services, attorney services and costs associated with placing liens and assessments. Cost recovery for collection agency services would allow the City to pass on the fee charged by the Contra Costa County Office of Revenue Collection or any other future collection agency to the delinquent accounts being collected on the City’s behalf. Cost recovery for attorney, lien, and assessment costs, would allow the City to pass along costs incurred during the collection process and would only be charged once the City had incurred the additional expense. The amendments to the Cost Allocation Plan were only for cost recovery purposes and enabled staff to follow the collection policy without incurring additional City expense.

Council Member Brockman said there has been a list of items that had been unrecoverable.

Accounting Manager-Business Services Manager, Kerry Breen, responded that this was different and allowed the City to collect the extra 25% that the County would be taking from the City if they collected on these accounts. Staff was looking at costs when placing liens and assessments on properties and costs such as filing fees so the City was reimbursed in whole and would not be out the costs.

Mayor Taylor opened the public hearing.


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

Motion: Adopt Resolution 2008-113 approving the Collection Policy (City Council/Administrative Policy No. 10-15) and approving an amendment to the Cost Allocation Plan and Schedule of City Fees, adding cost for attorney services, collection agency services and cost associated with liens and assessments.
Moved by Brockman, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

23. Consideration of an ordinance to approve a rezone (RZ 07-02) to add Chapter 17.740, Residential Condominium Conversions, to the Brentwood Municipal Code establishing criteria for condominium conversions of all multi-family residential projects with five (5) and more units within the City limits, and consideration of a resolution that amends the City’s 2007-2008 Cost Allocation Plan and Master Fee Schedule by establishing a fee for Residential Condominium Conversions. (C. McCann/D. Hill)

Associate Planner, Debbie Hill, presented the detailed staff report and said staff recommended the Council adopt the Ordinance approving a rezone (RZ 07-02) and fee resolution for Residential Condominium Conversions as presented.

Mayor Taylor opened the public hearing.

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

Motion: Introduce and waive first reading of Ordinance 859 to approve a rezone (RZ 07-02) to add Chapter 17.740, Residential Condominium Conversions, to the Brentwood Municipal Code establishing criteria for condominium conversions of all multi-family residential projects with five (5) and more units within the City limits. The City Clerk read the title of the Ordinance.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

Motion: Adopt Resolution 2008-114 that amends the City’s 2007-2008 Cost Allocation Plan and Master Fee Schedule by establishing a fee for Residential Condominium Conversions.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

OLD BUSINESS (08:48 PM)

24. Adopt a Resolution that: 1) Approves and Authorizes the City Manager, or Designee to Execute an Agreement with Swinerton Management and Consulting, Inc., for Construction Management Services as Relates to Construction of the Civic Center in an Amount Not to Exceed $2,313,817 and Authorizes the City Manager to Make Minor Changes to the Agreement in Consultation with the City Attorney; and 2) Directs Staff to Prepare Temporary Space for the Interim Library and Council Chambers at the Brentwood Education and Technology Center; and 3) Endorses Staff Recommendation for the Fountain and Trees for the Civic Center Plaza; and 4) Endorses the City Park Master Site Plan. (D. Landeros/G. Leech)

Jim Wyrick, LPA, provided a visual presentation and an update of the progress and overall development of the Civic Center project.

City Manager, Donna Landeros, asked for an explanation of the change of dates between awarding of the bids and beginning construction.

Jim Wyrick, LPA, spoke regarding the timing involved in bidding a project near the holidays.

Glen Granada, LPA, said it was important that the bid documents were completed in a manner that would achieve a goal and that LPA had the time to develop a complete set of documents, which would be out to bid before the holidays.

Jim Wyrick, LPA, said there were benefits to waiting and a he felt there would be a favorable bidding environment at the end of the year and early next year.

Mayor Taylor requested clarification related to the library.

Management Analyst, Gail Leech, provided a brief presentation on the Swinterton Management and Consulting Construction contract. Staff requested approval of the Swinterton Management and Consulting Construction contract, which authorized the $280,000 in the first phase of the pre-construction services. Further payments on the contract would be made as Council approved phases of the project.

Jim Wyrick, LPA, explained advantages and disadvantages of temporarily moving the library to City Hall Annex or the Tech Center. He was concerned about compressing a long schedule into a tight period of time and having the project complete in a renovation standpoint, and contingencies required for cost and schedule would be significant. LPA could not make a recommendation to hurry the documentation of drawings or the development portion of the Civic Center project. LPA asked for consideration to move the Library to the Tech Center, as opposed to the City Hall Annex.

Mayor Taylor said he was not in favor of moving the Library to the Tech Center and did not want to build a complete Library for the temporary Library.

Council Member Stonebarger asked about the possibility of moving the Library to the Greenwood Building in the downtown area.

City Manager, Donna Landeros, said that had been examined and would not result in a significant savings. The City would need to pay for tenant improvements and rent, and rent did not need to be paid at the Tech Center.

Council Member Stonebarger said he felt it would improve the building so it would be rentable in a couple of years when the City moved out instead of placing it in the Tech Center which would be gone.

Jim Wyrick, LPA, stated that concerns had propelled LPA into the feasibility study. Parking near the Tech Center could be challenging and LPA felt it was better than the available parking in the interim facility here during construction. Costs of building the interim Library at the Tech Center was less than having the Library at the City Hall Annex. The investment would be lost and the consideration he was looking at was the time it took to do the City Hall Annex Library properly and the impact it would have on compressing the scheduled to do it quickly and potential of it impacting the development of the Civic Center.

Mayor Taylor asked about a cost analysis of doing half the space versus doing the whole Library to the Tech Center.

Jim Wyrick, LPA, explained that there would not be much of a cost savings.

Mayor Taylor asked about alternatives to the Tech Center.

City Manager, Donna Landeros, said the CD building had been considered as an option. The City had worked with the Librarians regarding safety issues and concerns regarding layout and trying to do a quick fix would not make the Library feasible. By placing the Library in smaller square footage, the City would lose support of the Library.

Mayor Taylor felt if the City was spending that kind of money, a large Library should be constructed and he was opposed to placing the Library at the Tech Center.

Council Member Becnel said he believed if an efficient move could be done, the Council would prefer to move the Library once. The City Hall Annex was a building from the 1940’s and there may be unknown issues that would arise during a reconstruction that could increase the costs. He stated that using the Tech Center was not ideal but it was workable.

Kevin Sullivan, Landscape Architect, LPA, presented a power point update on the design of the City Park and site elements around the Civic Center, such as the Civic Center Plaza and the three options for the associated fountain.

City Manager, Donna Landeros, said the children’s play area, water feature, the shade and adjacent picnic areas to be tied into the children’s area, had not been finalized. Restrooms in the Community Center would be open to the public from City Park. She spoke about the sound for performances on the platform and additional type of temporary shade structures that could be used for performances. She said staff was looking for a conceptual approval of the master plan from Council and the details would be worked out.

Kevin Sullivan, LPA, continued with his presentation.

Mayor Taylor opened public comments.

Barbara Guise spoke regarding the Civic Center project, an article in the San Francisco Chronicle, the slow down in growth, and the reassessment of property values, which could result in a reduction of revenue. She asked if the Library could be moved now to the location where it would be moved permanently, even if the project took longer. She was not in favor of investing money in the Tech Center or making the Tech Center the new Library.

Sandra Meyers, Park and Recreation Commission, said she had worked with LPA and was excited about the project. City Park was the most heavily used park in the City because of shade structures and she was in favor of the water element and group picnic area and urged Council to move forward, and she did not believe the temporary Library needed to be next to the High School.

Mayor Taylor closed public comments.

Council Member Stonbarger felt the project was moving too fast. The bidding environment would be favorable over the next year and he expressed concerns about moving forward without a strong understanding of the City’s revenue position. He expressed concerns about understaffing in the Police Department. He felt the Civic Center plan was a great plan but was concerned about funding risks. He did not agree with the Library moving to the Tech Center.

Council Member Richey said the plan was beautiful but unless it could be an integral part of the Civic Center Plan to create jobs for City residents, he could not support spending any more money on the project.

Council Member Becnel said the project was needed for the downtown. Sales had gone up for the month of April and he believed the hits to the revenue stream were at or near the bottom. He felt the City needed to move forward on the project.


Vice Mayor Brockman said he was in favor of the project and felt there was time to slow the project down. If Developers hired people to start building again, costs would go through the roof. He felt the timing is right and the project did not need to be on a fast track. He was in favor of moving forward on the items and asked to vote on them individually. High schools and colleges had their libraries and he did not feel it was a problem if the Library was moved to the Tech Center. He appreciated the concern that it get left there and said if something happened to the Civic Center, there would be a delay of one to two years, which was a small sacrifice to be fiscally responsible. The City was being fiscally responsible to move the Library because the City was not taking a chance on a building that was 60 - 70 years old with structural issues, which could make costs soar. He felt it was wiser to move the facility to the Tech Center.

Mayor Taylor asked to break the item into individual votes.

Motion: Adopt Resolution 2008-115 approving and authorizing the City Manager, or Designee to execute an Agreement with Swinerton Management and Consulting, Inc., for Construction Management Services as Relates to Construction of the Civic Center in an Amount Not to Exceed $2,313,817 and Authorizes the City Manager to Make Minor Changes to the Agreement in Consultation with the City Attorney.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 3-2.
Yes: Becnel; Brockman; Taylor
No: Richey; Stonebarger

Motion: Direct staff to prepare temporary space for the Interim Library and Council Chambers at the Brentwood Education and Technology Center.
Moved by Brockman, seconded by Becnel.
Vote: Motion failed 2-3.
Yes: Becnel; Brockman
No: Richey; Stonebarger; Taylor

Motion: Adopt Resolution 2008-116 endorsing staff recommendation for the fountain and trees, Item 3, for the Civic Center Plaza.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 3-2.
Yes: Becnel; Brockman; Taylor
No: Richey; Stonebarger

Motion: Adopt Resolution 2008-117 endorsing the City Park Master Site Plan.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 3-2.
Yes: Becnel; Brockman; Taylor
No: Richey; Stonebarger

City Manager, Donna Landeros, said staff would need to come back with another plan. It did not make sense to continue with the design and go to bid, if the City was not ready to execute a contract and begin construction within a certain number of days of receiving bids. Integral to the process was the location of the Library and the construction could not take place around the Library.

Vice Mayor Brockman said the process was stalled until a decision was made on the item regarding the temporary space for the Interim Library.

City Manager, Donna Landeros, spoke with regard to the 2-3 vote on Item 2, and said the entire process regarding the temporary space for the Interim Library, may be pushed off. She asked for direction from the Council to bring back more information on the item or if they wished to push off the construction and design process.


Vice Mayor Brockman requested staff to bring back more information on Item 2 regarding temporary space for the Interim Library.

City Manager, Donna Landeros, said she felt it would be appropriate to finish the discussion so that she had direction for the design team. If she did not receive direction, the project would be stalled.

Mayor Taylor asked to see the Library across the street and all the offices moved to the Tech Center. He did not want to stall the Civic Center but did not want to see the Library moved twice.

Vice Mayor Brockman spoke about the understanding of the feasibility and the costs associated with moving the Library.

Council Member Stonebarger said the item had been voted on 2-3 to not move it to the Tech Center and he asked for a different solution.

City Manager, Donna Landeros, asked about direction on the Library option again, and said staff could return to Council.

Council Member Stonebarger said he felt that would be the most appropriate way to handle the issue.

City Attorney, Damien Brower, explained the Council rules of procedure and said a motion of reconsideration could be made by a member of the majority, which would be Council Member Stonebarger, Mayor Taylor, or Council Member Richey.

City Manager, Donna Landeros, requested direction from the Council.

At 10:26 p.m., City Council recessed.

At 10:35 p.m., City Council reconvened with all Council Members present.

Motion: Reconsider actions related to Item 24 - regarding consideration of a Resolution directing staff to prepare temporary space for the Interim Library and Council Chambers at the Brentwood Education and Technology Center.
Moved by Taylor, seconded by Becnel.

Council Member Stonebarger asked if the intent of the motion was to reconsider the item or to give staff direction to find a place for the Library other than the Tech Center. He felt it would be prudent to direct staff to make a motion to direct staff to find another alternative for the Library versus reconsidering Item 2 again.

Vice Mayor Brockman said if Council was doing a reconsideration of the motion, than a new motion would include that item, if necessary.

City Manager, Donna Landeros, recommended taking the motion in two parts. The first motion would be to reconsider and then a subsequent motion giving staff direction on how to handle the Library. She believed she heard that the Mayor wanted staff to look again at the option of moving the Library to the City Hall Annex instead of the Tech Center.

Mayor Taylor said the intent of his motion was to not stop the entire Civic Center project.

Vote: Motion carried 3-2.
Yes: Becnel; Brockman; Taylor
No: Richey; Stonebarger

Motion: reconsider moving the Library with an alternative and staff coming forward to Council with another viewpoint or possibility of moving the Library individually to the location with the feasibility and staff returning next week with an actual cost of what alternatives were.
Moved by Brockman, seconded by Taylor.

Council Member Becnel said if the idea was to move the Library once, he would rather not put a wrench into the Civic Center Program over the Library. The Civic Center project and financing included a lot of things in it and the Library was holding up the process. He suggested making a motion directing staff to move the Library to City Hall Annex, move employees, and move forward with the process.
Vice Mayor Brockman felt it was the wrong move to go to City Hall Annex and he felt that should be revisited from the idea of looking at the costs and then making the decision. He tabled his previous motion that had not yet been voted on.

Mayor Taylor said he believed the motion had been to direct staff to come back with a budget analysis of what it would cost the City. He did not wish to stop the project from moving forward, but would like to have a cost analysis.

Vice Mayor Brockman said Council needed to revisit the item.

Motion: Continue the discussion of Item 24 regarding consideration of a Resolution directing staff to prepare temporary space for the Interim Library and Council Chambers at the Brentwood Education and Technology Center to the Council meeting of May 27, 2008.
Moved by Brockman, seconded by Taylor.
Vote: Motion carried 3-2.
Yes: Becnel; Brockman; Taylor
No: Richey; Stonebarger

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (10:43 PM)

Council Member Stonebarger reported on his field trip with the East Contra Costa Habitat Conservation Board.

Vice Mayor Brockman reported on the Airport Land Use Commission meeting.

REQUEST FOR FUTURE AGENDA ITEMS (10:45 PM)

A. Council Member Richey will explain his request for a first source (local vendor preference) agreement for capital improvement programs.

Council Member Richey explained request for a local vendor preference.

A Council discussion ensued and there was consensus from Council to look into a local vendor preference.

B. Vice Mayor Brockman will explain his request for a discussion of the crosswalk at Walnut Boulevard.

Vice Mayor Brockman explained his request, which was based upon a question that was brought up during citizen comments at the last meeting. He said he had spoken with the City Engineer and staff was going to try to remove the left turn arrows and it was scheduled to come before Council. The City had applied for grants, so it was possible to get the lighted crosswalks in the future. He didn’t believe it was necessary to bring it back as an item.

NEW REQUESTS (10:56 PM)

Mayor Taylor asked to find out if the Ordinance on graffiti was up to speed and asked for a report on graffiti. He also requested a report on the ordinance regarding noise and decibels.


City Manager, Donna Landeros, said the two ordinance items could be handled as an information report to Council and would not be back on the agenda.

Council Member Richey asked for a report regarding fire and looking into alternatives for the fire plan now that the governance model would most likely not work and looking at the costs and processes associated with consolidating with Contra Costa County Fire District.

City Manager, Donna Landeros, said she had planned to bring the item forward at the meeting of May 27, 2008, which was when the deadline expired.

ADJOURNMENT (10:58 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