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

CALL TO ORDER REDEVELOPMENT AGENCY (6:00 PM)

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

PUBLIC COMMENTS (6:01 PM)

ADJOURN TO CLOSED SESSION (6:01 PM)

1. Redevelopment Agency Closed Session pursuant to Government Code Section 54956.8 CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Property: 8460 Brentwood Boulevard, Brentwood, CA 94513. Negotiating Parties: Frank Byron Bonnickson. Agency Negotiators: Casey McCann/Gina Rozenski. Under Negotiation: Price and terms of payment.

RECESS REDEVELOPMENT AGENCY (6:42 PM)

CALL TO ORDER CITY COUNCIL/RECEONVEN REDEVELOPMENT AGENCY (07:01 PM)

Pledge of Allegiance (07:02 PM)

INVOCATION - Pastor Steve With, The Orchard Church - Not present (07:02 PM)

Roll Call (07:02 PM)
Present: Becnel; Brockman; Richey; Stonebarger; Taylor

REPORT ON CLOSED SESSION (if any) - None (07:03 PM)

PRESENTATION (07:03 PM)

A. Contra Costa County Red Cross regarding CPR training.

Briana Taylor, Red Cross volunteer, spoke about emergency preparedness, services offered by Red Cross, and partnerships with the Liberty Union High School District and the Brentwood Union School District to provide emergency shelter capability. She introduced Charles Fetterman, Partner Services Liaison to the City, and East County Partner Services Lead, David Ross, from the Red Cross. The Red Cross wished to ensure the community was ready for an emergency and looked forward to a productive relationship with the City.

PUBLIC COMMENTS (07:08 PM)

Barbara Guise announced that Tri Delta Transit would continue to provide 49er buses to the community.

Bill Putman thanked the Redevelopment Agency and asked for approval of Item No. 23 on the Consent Calendar regarding Sycamore Place II. He said he was in support of the senior low income housing project.

Kathi Reed thanked the City for their support and a successful Cornfest. She commended the Engineering, Police and Economic Development Departments and acknowledged community efforts. There were over 500 volunteers and 50 community groups present. The Chamber of Commerce was anxious to meet with staff and discuss location and other options for the 2009 Cornfest.
Eva Vosicka spoke regarding the East Diablo Youth Soccer League and the denial of Jason Strong to coach.

Jason Strong referred to an email he sent to Council on July 1, 2008. He said he had coached East Diablo Youth Soccer League (EDYSL) for the past six years and had received an email from EDYSL that his application to coach was denied with no reason stated. He felt his application had been denied because of his summer soccer skills camp and that EDYSL was also attempting to hold a camp and EDYSL considered his soccer camp a conflict of interest. He asked to make Council and community aware of the issue since the City was providing fields for the EDYSL organization and he felt he was a good coach with a great reputation.

Mayor Taylor announced that the annual National Night Out, which would heighten crime and drug prevention and awareness, would be held August 5, 2008. National Night Out was designed to strengthen neighborhood spirit and police and community partnerships, and sends a message to criminals that the neighborhoods were organized against crime. Community events and activities such as block parties, cookouts and front door vigils would be held in the Arbor Ridge Apartments, and Shadow Lakes and Brentwood Hills neighborhoods.

Vice Mayor Brockman said the Harvest Park Bowl had brought the televised Pro Bowling League to the City for several years. This was the second year the City had not sponsored the Pro Bowling League and he commended Harvest Park Bowl for conducting the League without assistance.

CONSENT CALENDAR (07:27 PM)

1. Approved minutes of the City Council/Redevelopment Agency meeting of June 24, 2008. (M. Wimberly)

2. Accepted an informational report on solid waste public outreach to improve diversion as identified in the Solid Waste Enterprise Management and Operations Review. (B. Grewal/C. Ehlers/J. Carlson)

3. Accepted Proclamation of the City of Brentwood Proclaiming July 25, 2008 as the Annual Play Day in the City of Brentwood. (B. Gary)

4. Received and filed a progress report from the Agricultural Enterprise Committee. (E. Stonebarger/R. Brockman/L. Maurer)

5. Accepted an informational report on the status of American Avenue Improvements, CIP Project No. 336-31681. (B. Grewal/D. Galey)

6. Adopted Resolution 2008-168 approving the purchase of a solid waste automated collection truck from Arata Equipment and authorizing the City Manager or her designee to execute a purchase order and necessary documents in an amount not to exceed $293,550. (B. Grewal/ C. Ehlers/ J. Carlson)

7. Adopted Resolution 2008-169 approving and authorizing the Chief of Police to sign an Agency Participation Agreement with the Silicon Valley Internet Crimes Against Children Task Force. (M. Evenson/B. Strock)

8. Adopted Resolution 2008-170 designating Mayor Robert Taylor as the voting delegate for the League of California Cities Annual Conference to be held September 24 - 27, 2008. (K. Chew/M. Wimberly)

9. Adopted Resolution 2008-171 approving and authorizing the City Manager to sign an Affordable Housing Agreement between the City of Brentwood and Alexandra Homes & Properties, a California LLC, a California Limited Liability Corporation for Subdivision 8982 - Parkside Villas. (C. McCann/K. Reed)

10. Adopted Resolution 2008-172 approving and authorizing the City Manager to execute a Memorandum of Understanding ("MOU") between the City and the Brentwood Police Officers’ Association ("BPOA") for Fiscal Years 2008/09 - 2011/12, effective July 1, 2008, and amending the 2008/09 Operating Budget. (K. Chew/D. Landeros)

11. Adopted Resolution 2008-173 approving Amendments to the Compensation Plan for Unrepresented Department and Assistant Directors for Fiscal Year 2008/09, effective July 1, 2008, and amending the 2008/09 Operating Budget. (D. Landeros)

12. Adopted Resolution 2008-174 approving and authorizing the City Manager to execute a Memorandum of Understanding ("MOU") between the City and the Brentwood Police Lieutenants employee group for Fiscal Years 2008/09 - 2011/12, effective July 1, 2008, and amending the 2008/09 Operating Budget. (K. Chew/D. Landeros)

13. Adopted Resolution 2008-175 authorizing the submittal for all California Integrated Waste Management Board (CIWMB) grants for fiscal years 2008/09 - 2013/14, for a period of up to five years from adoption, and authorizing the City Manager or his/her designee to execute any and all documents necessary to secure CIWMB grant funds. (B. Grewal/C. Ehlers)

14. PULLED FOR DISCUSSION - Adopt a Resolution approving a revised Agreement between City of Brentwood and Brentwood Union School District related to Joint Use of Facilities and authorize the City Manager or her designee to execute the agreement and authorize the Director of Finance and Information Systems to facilitate internal loans for the payment of $1,500,000 for reimbursing a portion of the acquisition and construction costs of Doug Adams Middle School Gymnasium. (C. Bronzan/P. Scherff)

15. Adopted Resolution 2008-176 to amend the implementation guidelines for the City’s agricultural conservation easement program as recommended by the Agricultural Enterprise Committee. (C. McCann/L. Maurer)

16. Adopted Resolution 2008-177 approving and authorizing the City Manager or designee to execute a Memorandum of Understanding between the City of Brentwood and the Brentwood Agricultural Land Trust for transaction-based conservation easement services. (C. McCann/L. Maurer)

17. Adopted Resolution 2008-178 making the necessary findings and determination in accordance with Health and Safety Code Section 33445 for the financing of the Downtown Infrastructure Project, CIP No. 562-56382, by the Brentwood Redevelopment Agency in the amount of $1,739,070. (C McCann/D. Kwong)

18. Adopted Resolution 2008-179 making findings and determinations in accordance with Health and Safety Code Section 33445 for the financing of the Brentwood Boulevard Widening - North Project, CIP No. 336-31620, by the Brentwood Redevelopment Agency in the amount of $130,000 (C. McCann/D. Kwong)

19. Adopted Resolution 2008-180 making the necessary findings and determination in accordance with Health and Safety Code Section 33445 for the financing of the Downtown Parking Solutions Project, CIP No. 337-37204, by the Brentwood Redevelopment Agency in the amount of $532,500. (C. McCann/D. Kwong)

20. Adopted Resolution 2008-181 making the necessary findings and determination in accordance with Health and Safety Code Section 33445 for the financing of the Civic Center Parking Facility Project, CIP No. 337-37196, by the Brentwood Redevelopment Agency in the amount of $400,000. (C. McCann/D. Kwong)

Council Member Stonebarger voted no on Item 20.

21. Adopted Resolution 2008-182 accepting the work performed by Top Grade Construction, Inc. for Phase II (Street) of Walnut Boulevard Widening, CIP Project No. 336-30560, and directing the City Clerk to File a Notice of Completion with the County Recorder. (B. Grewal/A. Salam)

22. Adopted Resolution 2008-183 accepting the public improvements for maintenance; accepting the Maintenance Bond; and releasing the Improvement Securities for the off-site Lone Tree Way and O’Hara Avenue improvements, constructed by Richmond American Homes as part of Subdivision No. 8674, located at the northwest corner of Lone Tree Way and O’Hara Avenue. (B. Grewal/D. Galey)

23. Adopted Resolution 2008-184 accepting all off-site public improvements; accepting the Maintenance Bond; and releasing the Improvement Securities for Sycamore Place II, Design Review No. 02-19, developed by Christian Church Homes, located at the northeast corner of Sycamore Avenue and Barbara Street. (B. Grewal/D. Galey)

24. Adopted Resolution 2008-185 terminating the Brentwood Regional Traffic Mitigation Fee Agreement between the City of Brentwood and Contra Costa County. (B. Grewal/D. Galey)

25. Adopted Resolution 2008-186 authorizing the Mayor or designee to send a letter to the Contra Costa County Board of Supervisors and Contra Costa Water District Board of Directors in support of the agreement for water service to Clayton Regency Mobile Home Park. (B. Grewal/D. Galey)

26. Adopted Resolution 2008-187 increasing the amount authorized to be spent with the County of Contra Costa for the 2007/08 fiscal year by $5,000 for a total amount not-to-exceed $140,000, for the City’s cost share for participation in the Joint Municipal National Pollutant Discharge Elimination System Permit Program per the Contra Costa Clean Water Program Agreement (2003-2010). (B. Grewal)

27. Adopted Resolution 2008-188 accepting the Palomino and Appaloosa park improvements for Subdivision No. 8601, Brighton Station, and approving an agreement regarding the parks. The Brighton Station development is located south of the EBMUD canal and trail, west of Shady Willow Lane, and north of Empire Avenue. (C. McCann/D. Hill)

28. Adopted Resolution 2008-189 approving and authorizing the City Manager or designee to execute a Joint Exercise of Powers Agreement between the City of Brentwood and the State Route 4 Bypass Authority for the 48" raw waterline in the Laurel Road extension. (B. Grewal/P. Eldredge)

29. Adopted Resolution 2008-190 approving and authorizing the City Manager or designee to execute a Contribution Agreement between the City of Brentwood and the East Contra Costa Regional Fee and Financing Authority for the John Muir Parkway Extension - Phase II project. (B. Grewal/P. Eldredge)

30. Adopted Resolution 2008-191 awarding the bid, approving the contract documents, and authorizing the City Manager or designee to execute necessary documents for Bid Package #19 - Design/Build Communication Tower to JFC Construction, Inc. in the amount of $81,715 plus a 10% contingency of $8,171.50 for a total contract amount of $89,886.50 for Brentwood Senior Activity Center CIP No. 522-52280 (Group D). (C. Bronzan/P. Scherff)

31. Adopted Resolution 2008-192 approving a fee waiver request from Contra Costa County for $3,474.41 for the use of City facilities for the operation of the Contra Costa Immunization Program, Brentwood Public Library, California Offenders Program Services, Central Coast Ranch Athletic League and for $1,211.21 for Delta Community Services Inc. for July 1 - December 31, 2008. (C. Bronzan/P. Scherff/T. Burt)

32. Adopted Resolution RDA-143 authorizing the Executive Director to execute a Professional Services Agreement with Watry Design, Inc., in an amount not to exceed $112,105, plus a contingency of $10,711 for a total of $122,816, for design services associated with the proposed parking structure concept in the Downtown Parking Solutions CIP Project #337-37204. (C. McCann/K. Reed)

33. Adopted Resolution RDA-144 making findings and determinations in accordance with Health and Safety Code Section 33445 for the financing of the Downtown Infrastructure Project, CIP No. 562-56382, in an amount not to exceed $1,739,070. (C. McCann/D. Kwong)

34. Adopted Resolution RDA-145 making findings and determinations in accordance with Health and Safety Code Section 33445 for the financing of the Brentwood Boulevard Widening - North Project, CIP No. 336-31620, by the Brentwood Redevelopment Agency in the amount of $130,000. (C. McCann/ D. Kwong)

35. Adopted Resolution RDA-146 making findings and determinations in accordance with Health and Safety Code Section 33445 for the financing of the Downtown Parking Solutions Project, CIP No. 337-37204, by the Brentwood Redevelopment Agency in the amount of $532,500. (C. McCann/D. Kwong)

36. Adopted Resolution RDA-147 making findings and determinations in accordance with Health and Safety Code Section 33445 for the financing of the Civic Center Parking Facility Project, CIP No. 337-37196, by the Brentwood Redevelopment Agency in the amount of $400,000. (C. McCann/D. Kwong)

Council Member Stonebarger voted no on Item 36.

37. Approved warrants from Warrant lists dated June 11, 2008; June 18, 2008; June 25, 2008; June 26, 2008 and July 02, 2008. (P. Ehler/L. Schelbert)

CONSENT CALENDAR ACTIONS (07:31 PM)

Motion: Approve Consent Calendar Items 1 - 37 as recommended with the exception of Item 14. Council Member Stonebarger voted no on Items 20 and 36.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Taylor; Becnel; Richey; Stonebarger; Brockman

14. Adopt a Resolution approving a revised Agreement between City of Brentwood and Brentwood Union School District related to Joint Use of Facilities and authorize the City Manager or her designee to execute the agreement and authorize the Director of Finance and Information Systems to facilitate internal loans for the payment of $1,500,000 for reimbursing a portion of the acquisition and construction costs of Doug Adams Middle School Gymnasium. (C. Bronzan/P. Scherff)

Director of Parks and Recreation, Craig Bronzan, presented a staff report and stated the item was a renewal of the agreement originally approved by City Council in 2001 for joint use of facilities between the City and Brentwood Union School District. With completion of J. W. Adams Middle School and it was necessary to revise the agreement. The agreement guaranteed the City use of the joint facilities to work with the School District and provided the number of facilities both the School District and City would use on behalf of each other at no charge in conducting programs. The City would be obligated to pay 1/3 of the capital repair costs since the City used the joint use facilities often. Rental of the facilities, which the City had been providing as a courtesy to the School District for the last few years, would go back to the School District.

Brentwood Union School District Superintendent, Merrill Grant, commended the Parks & Recreation Department and said the agreement highlighted the relationship with the City. Thanks to the participation of the City and School District, there were quality facilities in the schools, which was a benefit to the community.

Motion: Adopt Resolution 2008-193 approving a revised Agreement between City of Brentwood and Brentwood Union School District related to Joint Use of Facilities and authorize the City Manager or her designee to execute the agreement and authorize the Director of Finance and Information Systems to facilitate internal loans for the payment of $1,500,000 for reimbursing a portion of the acquisition and construction costs of Doug Adams Middle School Gymnasium.
Moved by Taylor, seconded by Becnel.

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

Item 39 Taken before Item 38.

NEW BUSINESS (07:32 PM)

39. Receive presentation and accept report on the 2008 Economic Strategic Action Plan Update. (C. McCann/L. Maurer)

Linda Maurer presented a staff report on the 2008 Economic Strategic Action Plan and said she believed the City should focus on a strategy to generate jobs and create the development of viable business parkland. The City needed to look at diversifying the job base from local serving jobs to those serving the basic economy. She referred to a power point presentation and said the jobs to housing goal in the General Plan was 1.5 and was at a ratio of .91 in 2005. She spoke about Brentwood Boulevard Specific Plan and suggested exploring additional lands in the next General Plan update. She requested that Council accept the update to the 2001 Strategic Action Plan. She asked Council to reaffirm that staff had been successful in implementing the retail strategy, and that Council would like staff to continue to focus on job creation strategy, developing job centers and identifying viable land for business park development.

Mayor Taylor requested public comments.

Mayor Taylor closed the public comments.

Council Member Stonebarger expressed support of the Economic Strategic Action Plan and said he hoped to have people to relocate their businesses to the City.

Council Member Becnel said he believed the relative allocation of land needed to be dealt with. There was a surplus of retail-zoned land and the City was under-zoned in industrial and office. He felt the City was constrained by the urban limit line and the City had a limited ability to make changes without a vote. Council needed to think about how get enough appropriately-zoned land together to entice businesses to the City. He asked staff to explore the appropriateness of the 1.5 jobs to housing ratio when updating the General Plan. He was in support of accepting the report and asked to explore the relative allocation of land and how it was zoned and find a way to obtain more sizeable pieces of appropriately zoned land away from retail. The City needed to offer to the workforce office jobs.

Mayor Taylor expressed support of the Economic Strategic Action Plan and said there was a need to market the City.

Motion: Receive presentation and accept report on the 2008 Economic Strategic Action Plan Update.
Moved by Stonebarger, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

PUBLIC HEARINGS (07:57 PM)

38. WITHDRAWN APPLICATION - Continued public hearing on an appeal filed by Wilma Kraucyk of the Planning Commission’s approval of Conditional Use Permit No. 08-02 and Variance No. 08-02 (CSI Towers, LLC). (C. McCann/T. Nielsen)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (07:57 PM)

Council Member Stonebarger reported that American Avenue construction was complete.

Chief of Police, Mark Evenson, said he had worked with the schools and staff, and the Police Department would be present to monitor traffic flow in the American Avenue area. He was optimistic things would improve and run smoothly.

Mayor Taylor commended staff on the American Avenue project.

REQUESTS FOR FUTURE AGENDA ITEMS - None (07:59 PM)

ADJOURNMENT (07:59 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