CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, 7:00 P.M.
OCTOBER 14, 2008
COUNCIL CHAMBER

CALL TO ORDER CITY COUNCIL/REDEVELOPMENT AGENCY - 734 Third Street (07:00 PM)
Pledge of Allegiance - Fred Garcia (07:00 PM)
Roll Call (07:01 PM)
Present: Becnel; Brockman; Richey; Stonebarger; Taylor

PRESENTATION (07:01 PM)
Recognition of Airman 1st Class Joshua Jorgensen (B. Taylor).

(07:01 PM)
Mayor Taylor presented a proclamation to Joshua Jorgensen, Airman 1st Class, who returned from Iraq October 7, 2008. Joshua is a Freedom High School graduate and served as crew chief from May through Sept 2008, and received the Iraqi Freedom Medal of Honor.

Joshua Jorgensen introduced his family and spoke about his experience in Iraq.

Mr. Jorgensen thanked everyone for welcoming his son Joshua and stated his son Ryan, a Navy Corpsman, would be deployed to Afghanistan or Iraq.

PUBLIC COMMENTS (07:12 PM)
Kathy Fredenberg spoke about the placement of the Civic Center and felt it was not in the best interest of the community in the proposed location. She expressed concerns about safety with regard to the parking garage and the staff and students at Liberty High School and police enforcement in the area.

Charisse K. Smith asked to have City Park stay a park. She suggested moving the Civic Center over by where the Police Department was going to be located or take over the other part of the U.S. Print building and not have it downtown.

Annette Beckstrand spoke on behalf of the Brentwood Chamber of Commerce and Brentwood Downtown Business Committee and increasing the prosperity of the downtown. She spoke about extending business hours and said a street closure had enabled the classic cars to park on First Street and the results were successful. She thanked the Community Development and Police Department of the City as well as volunteers.

Harry York, Chamber of Commerce, thanked Council for their support of the downtown and said the Chamber would be returning next year with modified plans.

Mr. Elliott indicated he had a sent message to Council with regard to the Christmas tree lighting and objected to it being referred to as a Holiday Tree.

Dolores Long spoke regarding the Place of Learning and said there were many non profit organizations in the City requiring financial assistance and programs worthwhile of funding. She said it was important to assist children to stay busy in school and off the streets and provide direction. She requested consideration of scholarship funding and grant monies available for the non profit organizations looking for funding when working with the budget.

CONSENT CALENDAR (07:31 PM)
1. Approved minutes of the City Council/Redevelopment Agency meeting of September 23, 2008. (M. Wimberly)
 

2. Adopted Resolution 2008-242 approving the purchase of playground apparatus for Apple Hill Park from Miracle Play systems Inc. and authorizing the City Manager or her designee to execute a purchase order in the amount of $58,885.25 and necessary documents and amend the budget sheet for Parks Play Equipment Replacement CIP Project Number 352-52410. (C. Bronzan/R. Stromgren/B. Margesson)

3. Adopted Resolution 2008-243 approving and authorizing the City Manager to sign Amendment No. 1 to Affordable Housing Agreement between the City of Brentwood and Discovery Builders, Inc. for Subdivision 8954 (Prewett Ranch) (C. McCann/K. Reed)

Council Member Richey voted no on Item 3.

4. Adopted Resolution 2008-244 approving Temporary Use Permit No. 08-16 allowing the Chamber of Commerce to close several downtown streets and temporarily establishing no parking restrictions and tow away zones, as part of allowing the use of City-owned property for the Hometown Halloween for one day, Saturday, October 25th, between the hours of 4:00 pm and 8:30 pm., located within the downtown. (C. McCann/J. Zilm)

5. Adopted Resolution 2008-245 accepting off-site public utility improvements for maintenance; accepting the Maintenance Bond; and releasing the Improvement Securities for Encroachment Permit No. 08-91, Lighthouse Baptist Church, located at 2250 Jeffery Way. (B. Grewal/H. Silfies)

6. Adopted Resolution 2008-246 accepting the work performed by MCK Services, Inc. for the 2008 Pavement Management Program, CIP Project No. 336-30830, and directing the City Clerk to file a Notice of Completion with the County Recorder. (B. Grewal/A. Salam)

7. Adopted Resolution 2008-247 to adjust the employer health benefits contribution for all sworn and non-sworn staff as provided in Brentwood Employees’ Association (Miscellaneous and Public Works Divisions) and Brentwood Mid-Management Groups bargaining unit labor agreements extended through June 30, 2009; and the 2008/09 - 2011/12 Brentwood Police Officers Association bargaining unit labor agreement. (K. Chew/P. Standley)

8. Adopted Resolution 2008-248 (1) approving and authorizing the City Manager or designee to execute a Reimbursement Agreement with New Urban Communities Partners, in an amount not to exceed $185,143.75; and (2) approving and authorizing the City Manager or designee to execute a Professional Services Agreement with Raney Planning & Management, Inc. for preparation of the Environmental Impact Report related to the Sciortino Ranch project, in an amount not to exceed $148,115. (C. McCann/E. Nolthenius)

Vice Mayor Brockman abstained on item 8.

9. Adopted Resolution 2008-249 1) approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a construction contract and necessary documents with Enterprise Roofing Service, Inc. for Bid Package #1, Re-roofing work associated with the Library Relocation project, CIP No. 337-37194, in an amount of $47,745, plus a 10% contingency of $4,774.50, for a total amount of $52,519.50 and 2) amending the CIP Budget Sheet for the Library Relocation project, CIP No. 337-37194. (K. Chew/G. Leech)

Council Members Richey and Stonebarger voted no on Item 9.

Redevelopment Agency Consent Items:
10. Approved warrants from Warrant lists dated September 10; September 17 and September 24, 2008. (P. Ehler/L. Schelbert)

CONSENT CALENDAR ACTIONS (07:31 PM)
Motion: Approve Consent Calendar Items 1 - 10 as recommended. Council Member Stonebarger voted no on Item 9 and Council Member Richey voted no on Items 3 and 9.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

PUBLIC HEARINGS (07:31 PM)

11. Amend the 2008/2009 Cost Allocation Plan and Schedule of City Fees to include fees associated with the use of the Brentwood Senior Activity Center, Summerwood Park, Brentwood Family Aquatic Complex, Heritage High School Pool, the City’s mobile stage/portable bleachers and facility rentals. (C. Bronzan/P. Scherff)

Park and Recreation Manager, Poldina Scherff, presented a staff report regarding the amendment of the 2008/2009 Cost Allocation Plan and Schedule of City Fees, which included fees associated with the use of the new Brentwood Senior Activity Center and changes that impact the existing Family Aquatic Complex, Heritage High School Pool, the City's mobile stage, portable bleachers and facility rentals. The purpose of the item before Council was to conform to state law and have a method to recover direct and indirect costs associated with providing services and establishing a frame work for computing fees and charges. In addition to the new fees for the Brentwood Senior Activity Center, staff recommended an update of related fees for services that were required to recover costs related to services performed as a result of facility rentals.

Mayor Taylor opened public hearing.

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

Motion: Adopt Resolution 2008-250 amending the 2008/2009 Cost Allocation Plan and Schedule of City Fees to include fees associated with the use of the Brentwood Senior Activity Center, Summerwood Park, Brentwood Family Aquatic Complex, Heritage High School Pool, the City\’s mobile stage/portable bleachers and facility rentals.
Moved by Brockman, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

NEW BUSINESS (07:34 PM)

12. Informational presentation on the Code Enforcement Program (C. McCann/L. Kidwell)

Code Enforcement Officer, Robbie Bienneman, presented a power point presentation in detail and explained the following: Code Enforcement’s primary focus, foreclosure properties, abandoned homes, Vector Control and West Nile Virus, City Abatement, voluntary compliance, nuisance abatement, multiple violations, illegal signs, business tax certificate enforcement, the rental inspection program, animal complaints, abandoned/inoperable vehicles, illegal/un-permitted structures and pools, weed abatement; the Storm Water Pollution Prevention Program, illicit discharge, storm water enforcement, graffiti, Police and Fire District assistance with vehicle fire, encroachment violations, illegal connection to city water, the problem property response team, public outreach and education, and assistance to internal and external customers.

Council Member Richey asked Code Enforcement Officer Bienneman to clarify why the City did not just turn on water at foreclosed properties. Code Enforcement Officer Bienneman stated there have been several instances where the realtor or bank had the water turned on and due to missing fixtures or sinks, homes have been flooded.

Mayor Taylor asked about the Rental Inspection Program and how many notices are provided to the property owner. Code Enforcement Officer Bienneman stated on the Rental Inspection Program, the initial flyer is mailed to the owner, if the business license is not obtained within 15-days then a 72-hour notice is mailed to and posted on the property, if compliance is not met after the 72-hour notice then a citation is issued. Only two percent of the cases have received citations.

Mayor Taylor opened Public Comment.

Kaye Roozen spoke regarding the Code Enforcement program and felt the key to the situation was to utilize citizens as volunteers and form committees to care for yards. Ms. Roozen felt that if water were turned on at the properties the meters could be monitored for running water and turned off if there were water running on the property. She then felt the problems were due to foreclosed properties, rentals and Section 8 rentals, homeowners who don't care, and homeowners who just can’t afford to maintain their yards.

Mayor Taylor closed Public Comments.

Council Member Becnel spoke regarding the Neighborhood Improvement Committee and the work that has been done in the past two years including rewriting large portions of the municipal code to reflect current issues and to give Code Enforcement the tools to enforce the municipal code. In addition this allowed penalties and liens to be applied towards properties. Council Member Becnel felt that the program could be evaluated next year to see if any changes were needed. Council Member Becnel spoke about a code enforcement tour that the Neighborhood Improvement Committee had taken. Council Member Becnel spoke to the number of issues that Code Enforcement deals with on a daily basis.

Council Member Richey stated as a community the removal of blight in a neighborhood feeds into public safety and the perception of safety. Council Member Richey stated the Neighborhood Improvement Committee had wanted to be sure that the ordinances that were enacted for Code Enforcement were meaningful and that they provided needed tools for Code Enforcement, he then commended Code Enforcement on their work.

Council Member Stonebarger commended the Neighborhood Improvement Committee and Code Enforcement staff on their work and felt it has made a significant impact in the community. Council Member Stonebarger spoke regarding the problem property reporting tool on the City’s website and felt that it was an effective tool.

Mayor Taylor spoke regarding the importance of citizen input and commended Code Enforcement on their work.

Motion: Approve an Informational presentation on the Code Enforcement Program.

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

13. Receive verbal report on the City’s financial condition (P. Ehler)

Business Services Manager, Kerry Breen, provided an update on the City's financial position in light of the recent volatility in the financial market. The City does not have any investments in the stock market or in mutual funds. The City's investing priorities are safety, liquidity, and yield. As such 79 percent of the City's investments are backed by the United States government and include United States Treasuries and federal agency bond and notes, approximately 13 percent of the City's portfolio is in corporate notes. The remaining eight percent of the City's portfolio is held in the Local Agency Investment Fund, which is run by the Treasurer of the State of California and invests mainly in short term notes with no investments in the stock market. The City continues to operate in a fiscally responsible manner with revenues exceeding operating expenses. The City has maintained 30 percent of the general fund expenses in reserves and those are not being used to pay for the operational costs of the City.

Council Member Becnel thanked staff for the presentation and spoke regarding the impacts of the market on the City.

Mayor Taylor thanked staff for the report and asked to be kept informed of any significant impacts to the City's financial condition and wanted to keep the citizens informed.

Motion: Approve verbal report on the City’s financial condition.
Moved by Becnel, seconded by Brockman.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

REQUEST FOR FUTURE AGENDA ITEMS: None. (08:33 PM)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, SUBCOMMITTEES AND LIAISONS (08:33 PM)

City Manager Donna Landeros reported on a joint meeting with Mayors, City Managers, and City Attorneys from the cities of Oakley and Antioch to discuss a coordinated effort to seek mitigation on the Macoco line as Union Pacific Railroad proceeds with their stated plans of beginning operations on that line. The three cities are going to work together. There was a discussion of having a public workshop in each of the three cities so information may be provided to the residents. There are not a lot of tools available to the cities in terms of stopping the trains, but each city will be working on mitigation of impacts.

Mayor Taylor stated that the Mayors in each city will be working together on the issue of the railroad.

Council Member Richey reported on the Local Vendor Preference Ad-Hoc Committee and stated the committee would be bringing an update to Council to be sure they are moving in the right direction. Council Member Richey spoke regarding BANC and the Christmas tree lighting this year.

Council Member Stonebarger reported on the Agricultural Enterprise Committee and a property transaction that they have been discussing in Closed Session and a recommendation will be brought forward for Council consideration.

Vice Mayor Brockman stated he needed to abstain on Item 8 and expressed concern as he had motioned on the Consent Calendar. City Attorney, Damien Brower stated a new motion should be made.

Motion: Approve Consent Calendar Items 1 - 10. Moved by Council Member Becnel, seconded by Council Member Stonebarger.
Vote to approve Consent Calendar Item 1-10. Council Member Stonebarger voted no on Item 9, Council Member Richey voted no on Items 3 and 9, and Vice Mayor Brockman abstained on Item 8. (Approved)

ADJOURNMENT (08:35 PM)

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

Respectfully submitted,

Cynthia Garcia, CMC
Assistant City Clerk