ITEM 1

CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, 7:00 P.M.
MAY 27, 2008
COUNCIL CHAMBER

CALL TO ORDER CITY COUNCIL/REDEVELOPMENT AGENCY (07:02 PM)
Pledge of Allegiance (07:02 PM)
Roll Call (07:03 PM)
Present: Becnel; Brockman; Richey; Stonebarger; Taylor

PRESENTATIONS (07:03 PM)
A. Recognize student winners of the City of Brentwood Youth Commission Scholarship. (C. Bronzan/B. Gary)

Park and Recreation Supervisor, Barbie Gary, introduced the following 2008 Youth Commission scholarship winners: Madison Trudell, Liberty High School, Jordan Dietrick, Liberty High School, and Matthew Brennaman, Liberty High School. Daniella Bay, Heritage High School, was not in attendance. Ms. Gary announced the Youth Commission fundraiser, Tour de Starbucks bike ride, May 31, 2008.

PUBLIC COMMENTS (07:06 PM)

Harry York, Chamber of Commerce, spoke about the Economic Summit and asked for Council support of AB 2168, which loosened standards for roadside farms and u-pick farms and stands.

Barbara Guise said Tri Delta Transit won Summit International Awards for creativity in the television and radio spot categories. The youth of the community could purchase a wrist band and travel all day on Tri Delta Transit for $45 during the months of June through August.

Karen Kops, president of the Homeless Animals Response Program (H.A.R.P), honored Randy Bither and her staff at Doggie Depot. Randy had groomed many homeless animals and donated hours of service, which helped with adoptions. A certificate of appreciation was presented to Ms. Bither.

CONSENT CALENDAR (07:13 PM)

1. Approved minutes of the City Council/Redevelopment Agency meeting of May 13, 2008. (M. Wimberly)

2. Accepted a Proclamation recognizing June as National Safety Month. (K. Chew)

3. Adopted Resolution 2008-118 accepting the bid and approving the purchase of a 250-KW mobile power generator from California Diesel and Power; and authorizing the City Manager or her designee to execute a purchase order and necessary documents in an amount not to exceed $92,492.33. (B. Grewal/ C. Ehlers/ E. Brennan)

4. Adopted Resolution 2008-119 authorizing the submittal of grant applications, for up to five years, to the California Integrated Waste Management Board for funding from the Targeted Rubberized Asphalt Concrete Incentive Grant Program and authorizing the City Manager or her designee to execute any and all documents necessary to secure grant funds for the Pavement Management Program, CIP 336-30830. (B. Grewal/ C. Ehlers/ J. Gallegos)

5. Adopted Resolution 2008-120 approving and authorizing the City Manager or her designee to execute an amendment to the Professional Services Agreement and other related documents with Lone Tree Trucking for a total agreement amount not to exceed $164,900 ($72,000 for fiscal year 2007/08 and $92,900 for fiscal year 2008/09). (B. Grewal/ C. Ehlers/ K. Vickers)

6. Adopted Resolution 2008-121 calling and giving notice of the holding of a general municipal election to be held on Tuesday, November 4, 2008, for the election of Mayor and two [2] Councilmember’s; Adopted Resolution 2008-122 requesting the Board of Supervisors of the County of Contra Costa to consolidate the election and adopting regulations for candidates statements, and Adopted Resolution 2008-123 adopting Regulations for candidates for elective office pertaining to candidates statements submitted to the voters at an election (D. Landeros/M. Wimberly)

7. Adopted Resolution 2008-124 accepting the Sage Glen Estates Trail Improvements and the Lighting and Landscape District for Subdivision No. 8854, Castello Property, located at the northeast corner of Balfour Road and Fairview Avenue, by Western Pacific Housing, Inc. (C. Bronzan/R. Stromgren/L. Stadlbauer)

8. Adopted Resolution 2008-125 accepting the Siena Village Park Improvements for Subdivision No. 8953, Siena Village located at 301 Cortona Way by Siena Partners LLC. (C. Bronzan/R. Stromgren/L. Stadlbauer)

9. Adopted Resolution 2008-126 certifying that the City of Brentwood is in compliance with the Measure C Growth Management Program and authorizing the City Manager or designee to execute the Growth Management Checklist for calendar years 2006 and 2007 for allocation of Measure C Local Street Maintenance & Improvement funds. ( B. Grewal/S. Kersevan)

10. Adopted Resolution 2008-127 approving the speed limits for sections of Walnut Boulevard and O’Hara Avenue within the City of Brentwood. (B. Grewal/S. Kersevan)

11. Adopted Resolution 2008-128 accepting public improvements for maintenance; accepting the Subdivision Maintenance Bond; and releasing the Subdivision Improvement Securities for Subdivision No. 8539, Casitas Del Sol, located at the northwest corner of Sycamore Avenue and Barbara Street developed by RHS Construction. (B. Grewal/D. Galey)

12. Adopted Resolution 2008-129 approving and authorizing the City Manager or designee to consent to an Assignment and Assumption Agreement between Suncrest Homes 25, LLC and Discovery Builders, Inc. to assign the Property Acquisition Agreement relating to Tentative Subdivision Map No. 8954, located south of Lone Tree Way and east of O’Hara Avenue. (B. Grewal/D. Galey)

13. Adopted Resolution 2008-130 approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a construction contract and necessary documents for the American Avenue Improvements, CIP Project No. 336-31681, with Granite Construction Company, in the Base Bid amount of $110,995.00, plus Bid Alternate "A" in the amount of $42,775.00, plus Bid Alternate "B" in the amount of $53,708.00 for a bid total amount of $207,478.00. (B. Grewal/P. Eldredge)

14. Adopted Resolution 2008-131 approving and authorizing the City Manager to sign the extension and revision to the 2003/2008 Memoranda of Understanding ("MOU") for the Brentwood Employee Associations - Public Works and Miscellaneous Office Divisions, as well as the Mid-Managers Group for one year with the option to extend by one additional year, and adopted Resolution 2008-132 to comply with the Internal Revenue Code Section 414(h)(2) regarding continued employer payment of the employee retirement contribution. (K. Chew/P. Standley)

15. Adopted Resolution 2008-133 accepting the O’Hara and Lone Tree landscape improvements in the common area for Steeplechase LLD, Subdivision No. 8674, located west of O’Hara Avenue between Neroly Road and Lone Tree Way by Richmond American Homes of California, Inc. (C. Bronzan/R. Stromgren/L. Stadlbauer)

16. Adopted Resolution 2008-134 accepting the work performed by Carrier Corporation Inc. for the Aquatic Complex Improvements Project, CIP Project No. 352-52403, and directing the City Clerk to file a Notice of Completion with County Recorder. (C.Bronzan/M. Azamey)

17. (1) Adopted Resolution 2008-135 adopting a Mitigated Negative Declaration; and (2) Adopted Resolution 2008-136 approving the appeal of and approving an amendment to the design review (DR 05-27) for the City Block retail center to allow for a left-in turn pocket for westbound traffic at the main Balfour Road entrance. The center is located at the southwest corner of the intersection of Griffith Lane and Balfour Road. (C. McCann/D. Hill)

18. Waived second reading and adopted Ordinance No. 859 for 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. (C. McCann/D. Hill)

19. Approved warrants from Warrant lists dated April 23, 2008; April 30, 2008 and May 07, 2008. (P. Ehler/L. Schelbert)

CONSENT CALENDAR ACTIONS (07:14 PM)

Motion: Approve Consent Calendar Items 1 - 19, with the modification to Item 13, as recommended.
Moved by Brockman, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

PUBLIC HEARINGS (07:14 PM)

20. Adopted Resolution 2008-X 1) Adopting the Negative Declaration and 2) Adopting the 2008/09-2012/13 Capital Improvement Program. (P. Ehler/K. Breen)

Director of Finance and Information Systems, Pam Ehler, presented a staff report on the Capital Improvement Program (CIP) budget. The CIP budget had been taken to the Planning Commission on May 6, 2008, for compliance with the General Plan and review of the Negative Declaration. Staff was presenting for adoption the 2008/09 Fiscal year CIP budget and the remaining four years were placeholders for budgetary projections. All agreements and contracts over $50,000 would come to Council for approval for each project.
Mayor Taylor opened the public hearing.

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

Council Member Richey encouraged staff to examine the CIP budget and remove unnecessary items due to budget cutbacks.

Council Member Stonebarger asked if the Community Facilities Districts (CFD's) were taxes that were currently being collected or was that something the City would bond for.

Director of Finance and Information Systems, Pam Ehler, said the CFD’s were assessments the City was currently collecting every year.

Council Member Stonebarger expressed concerns about the use of the general fund for City Hall and redevelopment funds for the parking structure.

Council Member Richey agreed with Council Member Stonebarger.

Vice Mayor Brockman asked about San Jose Avenue and what would happen if the developer did not start developing there and if the City had funds available to pursue that item.

Director of Public Works/City Engineer, Bailey Grewal, said the westerly extension of San Jose Avenue would tie into Sand Creek Road and ten to twenty percent was reimbursable, otherwise it was the developer’s responsibility. The City was working with the developer since there would be changes to their project on the timing and there was a development agreement with the City which would be brought to Council regarding timing, and when the improvements would be done.

Director of Finance and Information Systems, Pam Ehler, said with regard to the reimbursements, the credits given against the fees were given only at the time the permit was pulled.

Motion: Adopt Resolution 2008-137 1) Adopting the Negative Declaration and 2) Adopting the 2008/09-2012/13 Capital Improvement Program.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 4-1.
Yes: Becnel; Brockman; Richey; Taylor
No: Stonebarger

PUBLIC COMMENT (07:23 PM)

Michelle Myers, East Diablo Youth Soccer League (EDYSL), expressed concerns about Sunset field. She asked to have a turf, all-weather field installed that would bring tournaments to Sunset and visitors to the City.

The City Clerk read the title of Ordinance 859.


OLD BUSINESS (07:28 PM)

21. Accepted Management Partners Affordable Housing Obligations and Options Assessment Report; and authorize staff to begin pursuing Recommendations 1 through 7, or recommendations formulated by the Council, to promote financial sustainability of the City’s Housing Administration Fund to continue its purpose to manage and oversee the programs and projects authorized by City’s Affordable Housing Ordinance. (C. McCann/G. Rozenski)

Redevelopment Agency Manager, Gina Rozenski, presented a staff report regarding the management and operations of the City’s housing programs, which were dependent on the collection of developer fees. In 2007, staff identified that the operational and administration costs to manage the Housing Program were financially unsustainable due to a slowdown in residential development. She introduced Andy Belknap, Management Partners.

Andy Belknap, Management Partners, presented an overview regarding sustainability and found the program was not financially sustainable at build out. He said initial recommendations included consolidation of the Housing Division and Redevelopment Agency. Objectives were to deliver housing that met the needs for all income levels, complied with State and local housing mandates and provided services in a cost effective manner. He spoke about the analysis, and said he felt there were more programs in the City than necessary. The City was above and beyond in implementing programs and a leader in the area of affordable housing. Development had paused and home values had declined, which resulted in a financial squeeze on the affordable housing programs and revenues which had been used to fund the program were not available. He offered recommendations that would align the City’s Housing Program with current realities. He had looked at the affordable housing program in coordination with the Housing Element update. A detailed implementation action plan was in the staff report and he felt it was important to move forward to make the program as financially sustainable as possible.

Council Member Stonebarger asked if there was an element within the Affordable Housing Plan for certain careers and what type of priorities it provided.

Redevelopment Manager, Gina Rozenski, said there was an element in the Affordable Housing Plan. She continued with the staff report and said there were nine or twelve recommendations by Management Partners outlined in the staff report. Staff had prepared the seven point action plan, assisting with the City’s Housing Administration Fund, while continuing to deliver customer service to implement the Ordinance to provide housing to all income levels of the community and comply with the City’s Housing Element, which needed to address State and local housing mandates. The Land Use and Development Committee recommended the Council accept the seven point action plan and promote financial sustainability of the Affordable Housing Program. Staff requested the authority to begin pursuing the recommendations, some of which would return to Council as budget related items.

Mayor Taylor opened public comments.

Mayor Taylor closed public comments.

Council Member Richey said the Housing Program had too many subprograms to operate within its means and he asked staff to look at what the City could afford. The City was ahead of where it needed to be in both program and numbers in comparison to other cities. Affordable housing was good in appropriate numbers and too much would negatively impact the City in numerous ways. He felt the use of the general fund to support the program was a misuse of the funds and needed to be addressed immediately.

Vice Mayor Brockman said he felt the affordable housing programs had been excessive and he had asked for a change. The movement of the Housing Division to within Redevelopment was pro active and rentals were costing the City more than the City could rent them for. He was not in favor of using the general fund to subsidize the program.

Council Member Stonebarger asked about the effect on the general fund.

Redevelopment Manager, Gina Rozenski, said there was no effect on the general fund and staff proposed that there be a loan from the Affordable Housing in-lieu fee, which was 80 percent of the developer in-lieu fee, and shifting a portion of staff costs to the Redevelopment Agency. There still remained an unfunded balance that staff was not going to be able to administer because of the significant decrease in developer fees. She proposed a loan from the Affordable Housing Trust Fund and was not proposing a hit to the general fund. When the City was built out, and when the Redevelopment Agency sunsets, the program would be in existence since there were units the City had created and would need to maintain. In the future, the program would need to find a different funding source, rather than the Redevelopment Agency and developer fees.

Council Member Stonebarger was not in favor of using the general fund. He spoke about State mandates and said the City was a leader in affordable housing. He asked to make priorities to bring in the types of people in careers to build the community.

Vice Mayor Brockman said the City had programs that allowed opportunity, which placed the City as a leader, and programs would cost money to run and the City was being pro active.

Redevelopment Manager, Gina Rozenski, said the Housing Element must address how the City would meet the State and local mandates. When a Housing Element was not certified by the State lawsuits from housing advocates could happen. There was the risk of not meeting the Housing Element and not being certified.

Council Member Richey said there was plenty of affordable housing in the City.

Redevelopment Manager, Gina Rozenski, said the City Administration fund would be close to $3,000 in its fund balance at the end of the fiscal year and there would be no other funds to operate the program as of July 1, 2008.

Director of Finance and Information Systems, Pam Ehler, said the amount of the loan was $284,000 and the in-lieu fee fund would generate approximately $300,000 to $350,000 in interest next year. The loan was less than what the fund would make in interest.

Council Member Becnel said the City needed to begin financial and legal analysis to on selling housing units and he was not interested in selling the units in a depressed housing market. He spoke about how the economic downturn made Council look at spending. He agreed the City had been above and beyond in the area of affordable housing and it needed to be trimmed back. The Land Use and Development Subcommittee did not want a hit to the general fund. He felt this was a step to trimming the program and there were programs that needed to be administered since some units had deed restrictions that went out for 40 years and the City was looking at the long term implications. The most serious problem was the Rental Housing Element.

Mayor Taylor asked to fast-track program changes and have that completed within the year due to the Housing budget.

Council Member Richey said he felt that recommendations 1 - 7 in the staff report would assist the City. He did not believe that by reallocating funds was the right way to go. If the program could not be run within its means, then staff needed to be reduced. Before taking the affordable housing in-lieu fund, via the low interest loan, the City needed to look at the program and make immediate cuts where necessary. There were opportunities for cutting back without coming close to violating State laws and exposure to litigation. He did not see a reference in the staff report as to when the program would be discontinued.

Council Member Stonebarger asked about an analysis.

Vice Mayor Brockman said the City could not increase the rental fee and staff was already limited, and the program had to be monitored. The program was starting to cost the City money and needed to be changed.

Council Member Becnel said that staff had already been cut.

Redevelopment Manager, Gina Rozenski, said there had been another Housing Manager that retired and was not replaced. That was when the Housing and Redevelopment Divisions merged and the existing staff was trying to absorb those functions. In the 2007/2008 budget, was $970,000 which she had cut by $500,000 from the program, in addition to a reduction in staff. Out of the remaining $475,000 she was proposing $225,000 for staff reallocation to the Agency. The remaining $264,000 would be the loan amount from the 80 percent part of the in-lieu fee, which would not affect the general fund.

Council Member Richey said the report did not address reducing the program so it could be appropriately managed within its means.

Council Member Stonebarger said he hoped the item would return to Council before the year was out and felt it needed to be evaluated.

Vice Mayor Brockman said this had to be back before June 2009 for the Affordable Housing Ordinance review as part of the General Plan.

Motion: Accept Management Partners Affordable Housing Obligations and Options Assessment Report; and authorize staff to begin pursuing Recommendations 1 through 7, or recommendations formulated by the Council, to promote financial sustainability of the City’s Housing Administration Fund to continue its purpose to manage and oversee the programs and projects authorized by City’s Affordable Housing Ordinance.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 4-1.
Yes: Becnel; Brockman; Richey; Taylor
No: Stonebarger

22. Informational report on the process of detaching from Contra Costa Fire District and Annexing to Contra Costa Fire Protection District for providing service to the City of Brentwood. (D. Landeros)

City Manager, Donna Landeros, presented a staff report outlining the procedural steps that would be involved if the City were to apply to the Local Agency Formation Commission (LAFCO) to detach from East Contra Costa Fire District and be annexed to Contra Costa County Fire (ConFire). City Council and staff, along with the County and City of Oakley, had spent over the last three years involved in the master plan process to improve the level of fire service within East Contra Costa Fire Protection District. Last September, the City thought there was an agreement with all three agencies to participate in an Appointed Board and it would have been a governance model that would have allowed the City of Brentwood, City of Oakley and Contra Costa County to make decisions with weighted votes. The City of Oakley and the County did not reach agreement on the Appointed Board so the Council requested information on annexing to ConFire.

The concept of approaching LAFCO and applying for annexation to ConFire is not an easy course to take. The staff report identified the procedural steps and the City will not know if LAFCO will allow that and if it was allowed, what was the property tax level they would allow the incorporated area of the City to carry with it to ConFire and what would be the gap. If Council directed staff to return with a resolution to initiate the process, a fiscal analysis would be prepared that would need to go with the application to LAFCO. She said staff would use the City Gate consultants and she requested Council direction.

Council Member Richey asked about the consultants and their experience.

City Manager, Donna Landeros, said the consultants had experience with LAFCO. Additional resources may be needed and she was confident the consultants could give the City good advice.

Council Member Stonebarger asked if the City would have to go through the same LAFCO process if the City wanted to exit the current Fire District and create another and obtain funding.

City Manager, Donna Landeros, said the City would need to go through the same process even without funds.

Mayor Taylor said the City was still under County jurisdiction at this time.

City Manager, Donna Landeros, explained with the appointed board, the City would at least have had an opportunity to have a weighted vote to talk about next steps. The appointed board would have been a mechanism for taking the next steps and being at the table. The City was back to status quo, which had been unacceptable for the last few years.

Mayor Taylor said the City's coverage was still was still governed by the County.

City Manager, Donna Landeros, stated the City had no official say in the decision making.

Mayor Taylor opened public comments.


Stephen Smith expressed concern about what had happened between the County and the City of Oakley and said the regional approach had been very promising as well as important. The annexation consolidated was a second best choice and did nothing to resolve the local governance issue and damaged the regional approach. Local firefighters were under-paid, stations under-manned, and the citizens under-served. He was concerned about the delay, said response times did not even come close to national standards, and he urged Council and staff to push for a resolution.

Mayor Taylor closed public comments.

Vice Mayor Brockman said the City had looked at ConFire, which was expensive. The City had to follow the process to obtain local governance and bring the City to the level it deserved. LAFCO did not want to split districts and there was the issue of taxes and costs. The County had the resources with all of the tax dollars and the citizens in the area would need to pay a certain amount. There would be the necessity to increase or find revenue to pay for services. He believed it would be more expensive for the City to have its own department than going with ConFire. He felt it would be ideal if ConFire took in the City, even though the City would lose the governance issue. The pay, resources and fire houses would be there and it came down to the taxes and he said he was in favor.

Council Member Richey said the best opportunity to consolidate or annex with Consolidated Fire was now and he wished to move forward.

Council Member Stonebarger said the City had given the regional approach its best and the goal was to get to the desired staffing for citizens. If ConFire was the quickest and best way to do that, he was in favor.

Council Member Becnel said he felt the City had experienced a total failure of leadership from the elected officials in the County and City of Oakley. The issues were that firefighters were paid half as much as others in the County, and staffed less and it was because the County would not come up with dollars for far East County. If the City could de-annex and go to Contra Costa Fire, the City would be giving money to an organization run by people who had demonstrated a fundamental incapacity to treat far East County fairly. Unless there was more money, it would still leave the firefighters under-paid and under-staffed. He felt the County had shown a disregard for the people in East County.

Mayor Taylor said he felt Council had done the right thing and it was with great regret that it was not accomplished and the City needed to move on.

Motion: Accept the informational report on the process of detaching from Contra Costa Fire District and Annexing to Contra Costa Fire Protection District for providing service to the City of Brentwood, and direct staff to pursue annexation to ConFire and return to Council with additional information.
Moved by Brockman, seconded by Richey.
Vote: Motion carried 4-1.
Yes: Brockman; Richey; Stonebarger; Taylor
No: Becnel

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (08:34 PM)

Mayor Taylor reported on his attendance at the Economic Summit with Congressman McNerney.

REQUESTS FOR FUTURE AGENDA ITEMS (08:35 PM)

Council Member Stonebarger spoke about the ordinance that addresses Police staffing levels at 1.5 officers per 1,000 residents and currently, the City was at 1.2 officers per 1,000 residents.

Mayor Taylor spoke about the soccer comment that was made earlier by East Diablo Youth Soccer League and asked if a staff report was needed.

Director of Parks and Recreation, Craig Bronzan, said the item could be done as part of the weekly update.

ADJOURNMENT (08:37 PM)

In honor of James A. Frank, former Police Chief. A moment of silence followed.

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

Respectfully submitted,

Cynthia Garcia, CMC
Assistant City Clerk