CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, 7:00 P.M.
AUGUST 26, 2008
COUNCIL CHAMBER

CALL TO ORDER CITY COUNCIL/REDEVELOPMENT AGENCY - 734 Third Street, City Council Chamber (07:05 PM)

Pledge of Allegiance (07:05 PM)

Roll Call (07:06 PM)
Present: Councilmember Brandon Richey; Vice Mayor Robert Brockman; Councilmember Chris Becnel; Councilmember Erick Stonebarger; Mayor Bob Taylor

PUBLIC COMMENTS (07:06 PM)

Wilma Kraucyk spoke regarding the placement of another business in Valley Oak Nursery. She believed another business would decrease the value of her residential properties and she asked that the business not be allowed.

Jerry Cambra said he owned a business on Valdrey Court in the Brentwood Business Park and spoke about a hotel that was being built. He and other tenants in the business park were concerned about the abandoned hotel and the negative impact on the area. Having the hotel completed was important to his business and the other tenants in the business park. He asked for a bond on the hotel and street completion information and referred to a records request he had submitted.

Susan Wallace spoke about a fundraiser for Brentwood Elementary School to be held October 25, 2008. She asked if it would be possible to make an exception to the banner ordinance for schools or charities since organizations could only place banners in one area per year. She suggested the ordinance be re-thought so it did not limit charity groups.

Dillon Richey said he was organizing a charity golf event to be held in Clayton on September 8, 2008, and all proceeds would go to help wounded Veterans.

CONSENT CALENDAR (07:19 PM)

1. Approved minutes of the City Council/Redevelopment Agency meeting of August 12, 2008, as amended. (M. Wimberly)

2. Accepted the resignation of Cassandra Youngblood from the Brentwood Advisory Neighborhood Committee (BANC). (C. Bronzan/B. Gary)

3. Accepted the 2007/08 Annual Report of Fee Waivers and Donations. (P. Ehler/D. Davies)

4. PULLED FOR DISCUSSION - Adopt A Resolution approving and authorizing the City Manager to sign an agreement with the Liberty Union High School District for a School Resource Officer Program (M. Evenson/B. Strock)

5. PULLED FOR DISCUSSION - Adopt a Resolution approving and authorizing the City Manager to sign an agreement with the Brentwood Union School District for a School Resource Officer Program. (M. Evenson/B. Strock)

6. PULLED FOR DISCUSSION - Adopt a Resolution authorizing: (1) the acceptance of monies from the California Highway Patrol and the acceptance of donations of monies, goods and services for the Every 15 Minute Program; (2) the expenditure of the funds for the Every 15 Minute Program; and (3) the Chief of Police to sign any documents necessary to implement the program. (M. Evenson/C. Hirsch)

7. Adopted Resolution 2008-206 approving and authorizing the City Manager to sign a Letter of Intent to Participate in the Contra Costa County Hazard Mitigation Planning Partnership. (M. Evenson/B. Strock)

8. Adopted Resolution 2008-207 to approve an amendment to Temporary Use Permit No. 08-12 to close First Street between Oak Street and Chestnut Street, as part of allowing for the use of City-owned property for the staging of the Brentwood Car Show "Show, Stroll and Shine" event sponsored by the Brentwood Downtown Committee for two nights only, Thursday, September 4th and Thursday, October 2nd, between the hours of 4:00 pm and 9:00 pm. (C. McCann/J. Zilm/L. Maurer)

9. Adopted Resolution 2008-208 approving the General Obligation Bond Tax Rate for the 2008/09 tax roll and directing submittal to Contra Costa County. (P. Ehler/K. Breen)

Vice Mayor Brockman voted no on Item 9.

10. Adopted Resolution 2008-209 accepting Parcel E trail improvements for Subdivision No. 8601, Brighton Station. 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)

11. PULLED FOR DISCUSSION - Adopt a Resolution permanently re-routing Concord Avenue traffic, between Balfour Road and Ventura Drive to John Muir Parkway and closing Concord Avenue in this vicinity to accommodate the State Route 4 Bypass Segment 3. (B. Grewal/D. Galey)

12. PULLED FOR DISCUSSION - Adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. Two to the Civic Center Master Agreement with LPA, Inc., in the amount of $316,194 to address changes in the scope of the Civic Center Project. (K. Chew/G. Leech)

13. Adopted Resolution 2008-210 authorizing the City Manager or designee to execute an agreement with Ingersoll Rand Security Technologies, for the security design, installation and related services for the Civic Center Project, in an amount not to exceed $299,450. (K. Chew/G. Leech).

Council Members Stonebarger and Richey voted no on Item 13.

14. PULLED FOR DISCUSSION - Adopt a Resolution authorizing the City Manager or designee to execute an agreement with Devcon Construction Incorporated for Construction Management Services for the construction of the Interim Library at the Annex Building at 104 Oak Street in an amount not to exceed $235,648. (K. Chew / G. Leech).

15. Adopted Resolution 2008-211 approving and authorizing the City Manager or designee to execute an agreement with Enovity, Inc. for LEED (Leadership in Energy and Environmental Design) third party commissioning services for the Civic Center projects in an amount not to exceed $133,833. (K. Chew / G. Leech).

Council Members Stonebarger and Richey voted no on Item 15.

16. Approved the creation of an ad hoc Civic Center Financing Subcommittee and appoint Council Member Becnel and Council Member Stonebarger to serve on the Subcommittee. (P. Ehler)

17. Adopted Resolution 2008-212 amending City Council/Administrative Policy No. 10-10 Policy and Procedures for City Information Systems and Communications. (P. Ehler/Y. Cho)

18. Adopted Resolution 2008-213 approving Council Policy 110-03 Presentation Materials, establishing guidelines for third party presentations at City Council and board and commission meetings. (K. Chew/M. Wimberly)


Redevelopment Agency Consent Items:

19. Approved warrants from Warrant lists dated July 30, 2008; July 31, 2008 and August 06, 2008. (P. Ehler/L. Schelbert)

CONSENT CALENDAR ACTIONS (07:19 PM)

Motion: Approve Consent Calendar Items 1 - 19, excepting Item 4, 5, 6, 11, 12 and 14, and including the amendment to Item 1. Vice Mayor Brockman voted no on Item 9 and Council Members Stonebarger and Richey voted no on Items 13 and 15.
Moved by Councilmember Chris Becnel, seconded by Councilmember Erick Stonebarger.
Vote: Motion carried 5-0.
Yes: Councilmember Brandon Richey; Councilmember Chris Becnel; Councilmember Erick Stonebarger; Vice Mayor Robert Brockman; Mayor Bob Taylor

4. Adopt a Resolution approving and authorizing the City Manager to sign an agreement with the Liberty Union High School District for a School Resource Officer Program (M. Evenson/B. Strock)

Police Captain, Brian Strock, presented a staff report regarding Items 4, 5 and 6. Items 4 and 5 had been brought forth to separate the two school districts for the agreement of the School Resource Officer. Item 4 with Liberty Union School District would continue the program they had this year and the Police Department would supply two School Resource Officers and the High School District would compensate the City for one School Resource Officer while the City would pay for the second officer. For Item 5 with the Brentwood Union School District, there would be one School Resource Officer for the Brentwood Union School District with the School District paying for 50 percent of the officer and the City compensating the other 50 percent.

Motion: Adopt Resolution 2008-214 approving and authorizing the City Manager to sign an agreement with the Liberty Union High School District for a School Resource Officer Program.
Moved by Mayor Bob Taylor, seconded by Councilmember Brandon Richey.
Vote: Motion carried 5-0.
Yes: Councilmember Brandon Richey; Councilmember Chris Becnel; Councilmember Erick Stonebarger; Vice Mayor Robert Brockman; Mayor Bob Taylor

5. Adopt a Resolution approving and authorizing the City Manager to sign an agreement with the Brentwood Union School District for a School Resource Officer Program. (M. Evenson/B. Strock)

Motion: Adopt Resolution 2008-215 approving and authorizing the City Manager to sign an agreement with the Brentwood Union School District for a School Resource Officer Program.
Moved by Mayor Bob Taylor, seconded by Councilmember Brandon Richey.
Vote: Motion carried 5-0.
Yes: Councilmember Brandon Richey; Councilmember Chris Becnel; Councilmember Erick Stonebarger; Vice Mayor Robert Brockman; Mayor Bob Taylor

6. Adopt a Resolution authorizing: (1) the acceptance of monies from the California Highway Patrol and the acceptance of donations of monies, goods and services for the Every 15 Minute Program; (2) the expenditure of the funds for the Every 15 Minute Program; and (3) the Chief of Police to sign any documents necessary to implement the program. (M. Evenson/C. Hirsch)

Motion: Adopt Resolution 2008-216 authorizing: (1) the acceptance of monies from the California Highway Patrol and the acceptance of donations of monies, goods and services for the Every 15 Minute Program; (2) the expenditure of the funds for the Every 15 Minute Program; and (3) the Chief of Police to sign any documents necessary to implement the program.
Moved by Mayor Bob Taylor, seconded by Councilmember Brandon Richey.

Vote: Motion carried 5-0.
Yes: Councilmember Brandon Richey; Councilmember Chris Becnel; Councilmember Erick Stonebarger; Vice Mayor Robert Brockman; Mayor Bob Taylor

11. Adopt a Resolution permanently re-routing Concord Avenue traffic, between Balfour Road and Ventura Drive to John Muir Parkway and closing Concord Avenue in this vicinity to accommodate the State Route 4 Bypass Segment 3. (B. Grewal/D. Galey)

Public Works/City Engineering Department Management Analyst, Debra Galey, presented a staff report and said should the item be approved, staff would work with the public and local residents on notification of the new traffic routes.

Director of Public Works/City Engineer, Bailey Grewal, said staff needed Council approval for any street closures and staff would meet with Summerset I - IV representatives, the Bypass Authority and surrounding residents should the item be approved. Staff had prepared the map and description to send to the newspaper for publication. The closure, due to the Highway 4 Bypass Segment III construction at Balfour Road, will be finished by the end of next week with Balfour Road improvements, then starting the Segment III improvements.

Motion: Adopt Resolution 2008-217 permanently re-routing Concord Avenue traffic, between Balfour Road and Ventura Drive to John Muir Parkway and closing Concord Avenue in this vicinity to accommodate the State Route 4 Bypass Segment 3.
Moved by Mayor Bob Taylor, seconded by Councilmember Erick Stonebarger.
Vote: Motion carried 5-0.
Yes: Councilmember Brandon Richey; Councilmember Chris Becnel; Councilmember Erick Stonebarger; Vice Mayor Robert Brockman; Mayor Bob Taylor

12. Adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. Two to the Civic Center Master Agreement with LPA, Inc., in the amount of $316,194 to address changes in the scope of the Civic Center Project. (K. Chew/G. Leech)

Vice Mayor Brockman said he felt the fees being charged were excessive and any items coming forward for changes in the future needed to be detailed.

Carrick Bushard, LPA Architects, addressed concerns regarding soils issues and mitigation prior to construction.

Vice Mayor Brockman referred to the email he had received and said to watch the costs with the large project.

Council Member Becnel spoke about soil samples, locations, and liquefaction.

Mr. Bushard explained liquefication and said water table information was listed in the report.

Jim Wyrick, LPA Architects, said Council had the option to do a peer review of the findings from a geotechnical standpoint.

Vice Mayor Brockman said he wanted to justify the costs and regarding the history of the City, there was a liquefication issue, although he had never heard of it in the downtown area. For a structure of that size, it would be critical and his issue was the cost.

Motion: Adopt a Resolution 2008-218 approving and authorizing the City Manager or designee to execute Amendment No. Two to the Civic Center Master Agreement with LPA, Inc., in the amount of $316,194 to address changes in the scope of the Civic Center Project.

Moved by Vice Mayor Robert Brockman, seconded by Councilmember Chris Becnel.
Vote: Motion carried 3-2.
Yes: Councilmember Chris Becnel; Vice Mayor Robert Brockman; Mayor Bob Taylor
No: Councilmember Brandon Richey; Councilmember Erick Stonebarger

14. Adopt a Resolution authorizing the City Manager or designee to execute an agreement with Devcon Construction Incorporated for Construction Management Services for the construction of the Interim Library at the Annex Building at 104 Oak Street in an amount not to exceed $235,648. (K. Chew / G. Leech).

Council Member Stonebarger said he felt it was premature to start tearing down the Library.

Motion: Adopt Resolution 2008-219 authorizing the City Manager or designee to execute an agreement with Devcon Construction Incorporated for Construction Management Services for the construction of the Interim Library at the Annex Building at 104 Oak Street in an amount not to exceed $235,648.
Moved by Councilmember Chris Becnel, seconded by Mayor Bob Taylor.
Vote: Motion carried 3-2.
Yes: Councilmember Chris Becnel; Vice Mayor Robert Brockman; Mayor Bob Taylor
No: Councilmember Brandon Richey; Councilmember Erick Stonebarger

PUBLIC HEARINGS (07:43 PM)

20. 1) Adoption of a resolution to approve a mitigated negative declaration for the Brentwood Civic Center project; 2) Adoption of a resolution to approve a General Plan amendment (GPA 07-02) to change the land use designation on a portion of the Civic Center site from Park to Downtown (Mixed Use); 3) Adoption of a resolution to approve a Downtown Specific Plan amendment (GPA 07-02) to add the Brentwood Civic Center District Zone, create site development standards and permitted uses for the new district zone, and re-designate City Park, the adjacent Maple Street and Third Street, and two City-owned parcels to the new district zone; 4) Adoption of a resolution to approve a summary vacation for portions of Maple Street and Third Street. (C. McCann/E. Nolthenius)

Principal Planner, Erik Nolthenius, presented a staff report and said the public hearing was to consider various planning-related entitlements necessary for approval of the Civic Center. The project consists of four separate, interrelated parts. Staff recommended that Council approve the General Plan Amendment that would change the designation to the Downtown to provide a unified and consistent land use designation for the project site due to the reconfiguration of City Park as part of the project. The Downtown Specific Plan Amendment was required in order to be consistent with the project as proposed and the Specific Plan Amendment would create a specific set of permitted uses and development standards to be consistent with the project and provide consistency with the General Plan. The summary street vacation is for the existing portions of both Maple Street and Third Street and is required in accordance with the design of the project. The Mitigated Negative Declaration was the required environmental review document as part of California Environmental Quality Act and the document identified a number of potentially significant impacts, each of which had been mitigated to a level of less than significant. The document had been available for review for a period of 30-days and one substantive comment had been received from Liberty Union High School District. Staff prepared a formal response to comments, working through each of the comments in detail. One of the School District’s concerns was related to potential impacts to be created by construction traffic. Staff revised one of the mitigation measures to the preparation of the actual construction traffic management plan, mitigation measure XV-24. The School District had concerns regarding the construction traffic management plan. He addressed the issues of an environmental impact report which did not need to be filed and he and recommended four separate actions be taken by the Council. The four actions included: 1) Approve a Resolution adopting a Mitigated Negative Declaration and the proposed Mitigated Monitoring Plan, 2) Adopt a Resolution approving the requested General Plan Amendment, 3) Adopt a Resolution approving the Downtown Specific Plan Amendment, and 4) Adopt a Resolution approving the street vacation. Staff had submitted a memo with the revised resolution with the exact descriptions of the areas to be vacated.


Council Member Richey asked about mitigation measures for the extensive construction done at Liberty Union High School over the past year. He also asked if the City had received any complaints about construction traffic associated with the Liberty construction.

Senior Planner, Erik Nolthenius, deferred to the City Engineer.

Director of Public Works/City Engineer, Bailey Grewal, said staff did not hear any specific complaints about construction at the Liberty Union High School site.

Council Member Becnel spoke about traffic mitigation during the construction phase. He asked if there would be efforts to restrict traffic during peak afternoon hours as a mitigation measure.

Senior Planner, Erik Nolthenius, said staff would look at minimizing deliveries both in the morning and afternoon hours during student drop off at the school.

Council Member Becnel asked if specific routes would be given to trucks to avoid crossing in front of the school.

Senior Planner Nolthenius said that would be a consideration.

Mayor Taylor opened the public hearing.

Steve Barr, Liberty Union High School District Board of Trustees, said the School District was satisfied with all but two concerns. Although not part of the California Environmental Quality Act process, the District was concerned about a parking structure in proximity to the school campus as well as traffic concerns. He asked Council to postpone the California Environmental Quality Act Negative Declaration approval until there was a firm traffic plan in mind.

Consultant, Michael Johnson, Liberty Union High School District, spoke regarding traffic mitigation and California Environmental Quality Act guidelines and regulations. He said that the proposed action could result in significant environmental impacts and that there should be enough specificity and detail from the proposed action so the citizens and community had a feel for what the City was proposing, what the potential environmental impacts were, and how the impacts could be mitigated. He felt the mitigation measure proposed a future traffic management plan which did not go into detail as to the impacts and how the impacts would be reduced to less than significant.


Robert Brown, representative of Liberty Union High School District Safety Committee, said the Health and Safety Committee of the Liberty Union High School District felt the City had not provided significant documentation identifying and mitigating potential environment and safety issues associated with the Civic Center project. He asked Council to delay the acceptance of the Initial Study Mitigated Negative Declaration for 30-days to allow for additional comments and that the City provide any and all documentation to the public of any and all studies done in accordance with the project. There was a need for complete environmental investigation and he presented concerns regarding noise, air quality, traffic, safety, and access.

Tim Halloren Principal, Liberty Union High School, stated the following concerns: proximity to Liberty High School, air quality, noise, and access.

Bill Hill encouraged Council to move forward and adopt the California Environmental Quality Act findings. He felt there were stop gap measures in case Council needed to pull back.

Stephen Smith said the City offered the School District a good package which would have included improving the campus. He felt the Civic Center would bring a Library worthy of the community, a better Community Center, keep the City’s promise to make a civic contribution to revitalizing the downtown, and provide adequate parking.

Greg Robinson said he was in support of the Civic Center and offered suggestions regarding the elimination of traffic back up when dropping off children at Liberty Union High School in the mornings and afternoons. He spoke about the comment by Liberty Union High School District regarding the parking structure and the chance to build a new pool. He felt there were compromises that needed to be made, offered suggestions about building placement, and spoke about soil in the area.

Motion: Close the public hearing.
Moved by Councilmember Chris Becnel, seconded by Councilmember Brandon Richey.
Vote: Motion carried 5-0.
Yes: Councilmember Brandon Richey; Councilmember Chris Becnel; Councilmember Erick Stonebarger; Vice Mayor Robert Brockman; Mayor Bob Taylor

Council Member Stonebarger encouraged both the City and Liberty Union High School District staff to work together. He did not see a problem delaying the Mitigated Negative Declaration for 30 days to provide an opportunity for both the City and School District staffs to work together to mitigate the traffic, air quality, and noise. He felt this was the right spot for the Civic Center and liked the idea of a parking structure across the street since redevelopment funds could be used.

Vice Mayor Brockman spoke about access to the shops, pool and for dropping off children at the High School. The District's concerns about illegal gatherings of people and traffic were reasonable and a City Hall may mitigate having students in the park. With regard to the issue of a parking garage, there was already a parking lot there. Between the hours of 7:45 a.m. and 8:15 a.m. and 2:45 p.m. and 3:15 p.m. there should be no construction and the mitigation could be considered and specified. As issues arose, the issues would be dealt with and he was in favor of moving forward with the Civic Center.

Council Member Becnel spoke to concerns of the Liberty Union High School District regarding gatherings of people around the parking structure, which he believed the Police Department would enforce.

Police Captain, Brian Strock, confirmed that the Police Department would provide enforcement.

Council Member Becnel asked to have the deferred mitigation issue addressed and how much detail was necessary before getting out of the deferred mitigation.

Rod Stinson, Raney, Planning & Management, addressed the question of deferment and explained that the California Environmental Quality Act said if the impact was unknown, a plan would need to be done later to identify the impact. He addressed Mr. Johnson’s comments and referred to the initial study and traffic issues. He said if Council wished to place more specificity into the mitigation measure, it could be done. He felt there was adequate specificity on what the impact was and adequate specificity on what the mitigation measure would be.

Director of Public Works/City Engineer, Bailey Grewal, said on any construction project, when submitting plans to the City, staff reviewed the plans, especially for construction traffic, and a traffic control plan was reviewed and approved by staff. After approval, if there were changes in circulation or road condition changes due to other projects, staff goes to a traffic control plan. Council could not approve a traffic control plan when there was not a contract for the schedule and the staging of the project. After the award to a contractor, the contractor will provide a traffic control plan and staff will review the plan based on the project schedule as well as adjusting or proposed future conditions surrounding the project.

Council Member Becnel said the uses at the Civic Center site are not changing and the configuration of the uses was changing. There would be the same type of facilities after construction as before, which was a City Hall, a Community Center, Library, a park, and parking. There would be impact to the surrounding areas during construction and Council would mitigate the impacts to less than significant levels. He urged Council to move forward with the Mitigated Negative Declaration.


Mayor Taylor supported the Civic Center and the downtown for a City Hall and Library and said he respected Liberty Union High School District Board. He was concerned about student safety and said with regard to mitigation, that there be no danger to the children from the construction zones. An ad hoc Committee consisting of Council Members Stonebarger and Becnel had been created to discuss finances and he asked to have Liberty Union High School District concerns addressed.

Motion: Adopt Resolution 2008-220 adopting a Mitigated Negative Declaration for the Brentwood Civic Center Project, located on a 5.5-acre site at the northeast corner of Oak Street and Second Street (APN 013-041-008, APN 013-041-009, and APN 013-042-001).
Moved by Vice Mayor Robert Brockman, seconded by Councilmember Chris Becnel.
Vote: Motion carried 4-1.
Yes: Councilmember Brandon Richey; Councilmember Chris Becnel; Vice Mayor Robert Brockman; Mayor Bob Taylor
No: Councilmember Erick Stonebarger

Motion: Adopt Resolution 2008-221 approving a General Plan Amendment (GPA 07-02) to change the land use designation from Park to Downtown on approximately 2.5 acres of the Brentwood Civic Center project site, located at the northeast corner of Oak Street and Second Street (APN 013-041-008, APN 013-041-009, and APN 013-042-001).
Moved by Vice Mayor Robert Brockman, seconded by Councilmember Chris Becnel.
Vote: Motion carried 5-0.
Yes: Councilmember Brandon Richey; Councilmember Chris Becnel; Councilmember Erick Stonebarger; Vice Mayor Robert Brockman; Mayor Bob Taylor

Motion: Adopt Resolution 2008-222 approving an amendment to the Downtown Specific Plan (GPA 07-02) to add a new district to section 2.2.1 of the Plan, create site development standards and permitted uses for the new district, re-designate the 5.5-acre Brentwood Civic Center project site to the Brentwood Civic Center District on the Downtown District zones map, and make other minor text amendments, located at the northeast corner of Oak Street and Second Street (APN 013-041-008, APN 013-041-009, and APN 013-042-001).
Moved by Vice Mayor Robert Brockman, seconded by Councilmember Chris Becnel.
Vote: Motion carried 5-0.
Yes: Councilmember Brandon Richey; Councilmember Chris Becnel; Councilmember Erick Stonebarger; Vice Mayor Robert Brockman; Mayor Bob Taylor

Motion: Adopt Resolution 2008-223 summarily vacating, pursuant to the State of California Streets and Highways Code, Division 9, Part 3, Chapter 4, portions of Maple Street and Third Street, including the revised Resolution as submitted by staff.
Moved by Vice Mayor Robert Brockman, seconded by Councilmember Chris Becnel.
Vote: Motion carried 5-0.
Yes: Councilmember Brandon Richey; Councilmember Chris Becnel; Councilmember Erick Stonebarger; Vice Mayor Robert Brockman; Mayor Bob Taylor

21. Adopt a Resolution Adopting the 2008/09 Cost Allocation Plan and Schedule of City Fees. (P. Ehler/D. Davies)

Accounting Manager - Business Services Manager, Kerry Breen, presented a staff report and recommended the adoption of the 2008/2009 Cost Allocation Plan and Schedule of City Fees. He added there were three Parks aquatics fees that staff wished to modify from what was shown in the Cost Allocation Plan book.

Vice Mayor Brockman stated that Mr. Selders had sent correspondence related to plan check and another coinciding fee.

Director of Public Works/City Engineer, Bailey Grewal, spoke about the Engineering fees and said the Engineering Review Fee for non residential projects was included as part of the 1998 fee study and adopted as a fee by Resolution 98-195. The intent of the fee was to cover the costs of Engineering staff review time for industrial and commercial projects and applications seeking entitlement process approval from Planning Commission or City Council. The fee was separate from the tentative map review fee that was applicable to the property owner or applicants seeking to subdivide property.

Vice Mayor Brockman asked if the fee was still paid if the job was cancelled.

Director of Community, Casey McCann, said staff considered the application for a conditional permit or a design review entitlement to include a request for both the entitlement and the plan check services. The request for both the conditional use permit and the design review process was not complete without both of the components. Staff was requesting the fee be merged to aid in compliance with the resolution and to avoid any question that both components were due at the time of an initial application. Dual tracking improved the permitting process by providing faster service so staff could concurrently track the items.

Council Member Becnel said merging the two fees meant the plan check fee would be due at the time of the entitlement, even though the project may not be built for a number of years. There were a lot of entitlements out there and it seemed the entitlements had been sitting around for a number of years. He felt it was unfriendly to require the payment of the fee that may not take place for a number of years, if ever. He asked if there was a mechanism set up to return the plan check fees if the fees were never used.

Both the Director of Community Development, Casey McCann, and Accounting Manager - Business Services Manager, Kerry Breen, were not aware of any refunding mechanism.

Council Member Becnel said imposing the costs on a developer that may not be used did not seem business-friendly. He spoke about adopting the Cost Allocation Plan and Schedule of City Fees and suspending the application until Council took a look at the issue of plan check fees.

Mayor Taylor opened the public hearing.

Bob Selders expressed concerns regarding plan check fees. Collecting the fee at the time of the entitlement application could be one to five years in advance of the service being provided. If a project was abandoned or denied the service was never provided but the fee was paid. A developer may come back to the City and ask for a reimbursement of the fee and staff said there was no mechanism for refund and would require a developer to pay the fee under protest every time. He felt the appropriate time to charge the fee was at the time of service. He did not have any objections to the fee being paid. He asked about the conditional use permit process for a business going into an existing business and the Alcoholic Beverage Control license and asked why there was a charge to evaluate whether or not the business complies with criteria. He asked to look at various applications and fees charged.

Director of Finance and Information Systems, Pam Ehler, requested that Council approve all but the one issue, which could be added to the Cost Allocation Plan book. Once Council has acted upon the fee issue, the Cost Allocation Plan book would then be published.

Motion: Close the public hearing.
Moved by Vice Mayor Robert Brockman, seconded by Councilmember Erick Stonebarger.
Vote: Motion carried 5-0.
Yes: Councilmember Brandon Richey; Vice Mayor Robert Brockman; Councilmember Chris Becnel; Councilmember Erick Stonebarger; Mayor Bob Taylor

Motion: Adopt a Resolution Adopting the 2008/09 Cost Allocation Plan and Schedule of City Fees with the exception of the item relating to the collection of plan check fees concurrently with the entitlement fees, which is to be revisited and brought back to Council.
Moved by Councilmember Chris Becnel, seconded by Councilmember Erick Stonebarger.
Vote: Motion carried 5-0.
Yes: Councilmember Brandon Richey; Councilmember Chris Becnel; Councilmember Erick Stonebarger; Vice Mayor Robert Brockman; Mayor Bob Taylor

NEW BUSINESS (09:01 PM)

22. Informational Report regarding habitat use of Contra Costa County Flood Control Detention Basins and request for staff direction. (B. Grewal/D. Galey)

Director of Public Works/City Engineer, Bailey Grewal, presented a staff report regarding six detention basins in the City, which were master planned, owned, and operated by Contra Costa County Flood Control District for the entire Marsh Creek water shed area. He explained the purpose of the basins and said residents had raised concerns regarding the aesthetics, safety, and the possibility of West Nile Virus. Residents requested that the City make the basins dry and he explained why the City could not do that. By leaving water in the basins, it would reduce the capacity of the detention basins. He described issues regarding environmental, permits, liability and safety, insects, vectors, flooding and costs related to maintenance and he asked for direction from Council.

Mayor Taylor opened public comments.

Joan Douglas Fry, member of the Friends of Marsh Creek Watershed, said Marsh Creek was not a detention basin and had natural waters flowing in from northern territory. She did not want Marsh Creek to become a detention basin, which could preclude future opportunities to restore the creek and improve the quality of habitat. She spoke about a workshop with City Council, Planning Commission, County Flood Control, East Bay Regional Park District and Water Quality Control Board and Resource Conservation District and asked to revisit the topic of creek restoration and detention/retention basins.

David Williams said he had spoken regarding the detention basins at the last Council meeting. He had received a phone call from a representative of the Department of Fish & Game who would be willing to work with him regarding permits and the waiving of fees. He was working on meeting with Signature Properties, Contra Costa County Flood Control, the Department of Fish & Game, and the City, and he felt the project could move forward.


Bob Collins said his home abutted the detention ponds by Sellers Avenue and had mosquito and other bug issues which he did not have when the detention basin was full. He felt there was a lack of planning by the Flood Control District and if the Flood Control District was going to drain the ponds there should have been a process in place to get rid of the wildlife. The fish were trying to swim through the mud and the County Health Department said there would be health issues once the fish died and until then, nothing could be done. He was concerned about public health issues and hoped the City could work with the Flood Control District.

Greg Robinson spoke regarding retention/detention basins, Marsh Creek and Heron Park and said things were built for a reason and the project may not be completed. He felt maybe the County could communicate that the project may not be complete yet. He said there had been a significant increase in West Nile Virus. He felt there needed to be some drain work at Heron Park. The City needed to work with County Flood Control and developers to get the job finished. He suggested making the area a soccer field ten months out of the year.

Mayor Taylor closed public comments.

Council Member Richey said he was comfortable with the City having discussions regarding the detention basins and he felt other agencies should take the lead.

Council Member Becnel agreed with Council Member Richey and said he believed having water in the basin would look nicer and the price to pay was not worth it.

Council Member Stonebarger felt the City needed to participate in a discussion to either solve the current issue with detention ponds or to make use of certain detention ponds. He encouraged staff to be proactive in responding.

Vice Mayor Brockman spoke about the agencies involved and said he agreed with Council Member Richey. He would like to see the basins with water in them; however, the City should not pursue the issue. He believed the Regional Water Quality Control Board may be the lead agency.

Mayor Taylor said the City would not be the lead agency; he supported Marsh Creek; and all agencies needed to communicate.

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, SUBCOMMITTEES AND LIAISONS (09:29 PM)

Council Member Richey spoke about the Neighborhood Improvement Committee tour of the City and the Brentwood Advisory Neighborhood Committee and their revision of the goals.

Council Member Stonebarger spoke about Habitat Conservation Plan wetlands.

REQUEST FOR FUTURE AGENDA ITEMS: (09:32 PM)

Mayor Taylor requested information regarding abandoned properties with dried bushes and trees.

Director of Community Development, Casey McCann, said staff would provide a response to Council.

ADJOURNMENT

Motion: Approve ADJOURNMENT
Moved by Councilmember Erick Stonebarger, seconded by Councilmember Brandon Richey.
Vote: Motion carried 5-0.
Yes: Councilmember Brandon Richey; Councilmember Chris Becnel; Councilmember Erick Stonebarger; Vice Mayor Robert Brockman; Mayor Bob Taylor

Respectfully submitted,

Cynthia Garcia, CMC
Assistant City Clerk