CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, 7:00 P.M.
NOVEMBER 18, 2008
COUNCIL CHAMBER
CALL TO ORDER CITY COUNCIL/REDEVELOPMENT AGENCY (6:00 PM)
Roll Call
Present: Becnel; Brockman; Richey; Taylor
Absent: Stonebarger
PUBLIC COMMENTS (6:01 PM) - None
At 6:02 p.m., Council Member Stonebarger joined the Council at the dais for
Closed Session.
Roll Call
Present: Becnel; Brockman; Richey; Stonebarger; Taylor
ADJOURN TO CLOSED SESSION - Community Development Conference Room - 118 Oak
Street, Brentwood, CA 94513 (6:02 PM)
1. City Council/Redevelopment Agency Closed Session Pursuant to Government
Code Section 54956.8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Gov’t. Code
§54956.8]
Property: 720 First Street (APN 013-080-012)
Midway Alley between Maple Street and Oak Street
All property bordered by Second Street, Oak Street, Midway
Alley, and Maple Street EXCEPT 210 Maple Street (013-080-020):
737, 741, 751 Second Street (013-080-023)
735 Second Street (013-080-022)
733 Second Street (013-080-004)
739 Second Street (013-080-005)
715 Second Street (013-080-006)
205 Oak Street (013-080-007)
217 – 221 Oak Street (013-080-008)
Negotiating Parties: Bank of America; Steven Hendrickson;
E.F. Gill Trust; Garrett Thomas Gill
Agency/City Negotiators: Casey McCann; Gina Rozenski
Under Negotiation: Price and terms of payment
RECESS CITY COUNCIL/REDEVELOPMENT AGENCY (6:43 PM)
RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY IN OPEN SESSION - 734 Third
Street, City Council Chamber (07:00 PM)
Pledge of Allegiance (07:00 PM)
REPORT ON CLOSED SESSION (If any) - None (07:00 PM)
Roll Call (07:00 PM)
Present: Becnel; Brockman; Richey; Stonebarger; Taylor
PUBLIC COMMENTS (07:00 PM)
Barbara Guise thanked Council and staff and said the downtown sidewalks were
washed and there were now lights in the parking lot on Chestnut Street.
Linda Roberts requested Council support for the Holiday On Ice opening event
at the Streets of Brentwood on November 24, 2008.
CONSENT CALENDAR (07:05 PM)
1. Approved minutes of the City Council/Redevelopment Agency meeting of
October 28, 2008. (M. Wimberly)
2. Received and filed the 2008 Cornfest Evaluation Report. (C. McCann/L.
Maurer)
3. PULLED FOR DISCUSSION - Receive and file report on Financial Awards
Received by the City’s Finance and Information Systems Department. (P.
Ehler/K. Breen)
4. Approved the reappointment of Valerie Smith to a new term on the
Brentwood Advisory Neighborhood Committee (BANC). (P. Scherff/B. Gary)
5. Adopted Resolution 2008-257 authorizing the City Manager to execute an
Employment Agreement between the City and Mark Evenson, Chief of Police. (D.
Landeros)
6. Adopted Resolution 2008-258 approving and authorizing the City Manager or
designee to execute the Second Amendment to Agreement for Maintenance and
Electrical Facility Cost Sharing of the State Route 4 Bypass in the City of
Brentwood. (B. Grewal/D. Galey)
7. Adopted Resolution 2008-259 approving and authorizing the City Manager or
designee to execute a Reimbursement Agreement and necessary documents with
Discovery Builders, Inc., Subdivision Map No. 8954, consisting of 240 units,
located between Lone Tree Way and Grant Street, east of Tilton Lane for
costs associated with Master Plan Facility Improvements. (B. Grewal/L.
Vargas)
8. Adopted Resolution 2008-260 approving and authorizing submittal of form
titled "Local Assistance EEM Projects CWA Cycle 6 Budget Authority Lapsing
June 30, 2009" requesting an extension for completion of landscaping the
median on Sand Creek Road west from Fairview Avenue and authorizing the City
Manager or designee to execute and submit all documents which may be
necessary to apply for the extension. (B. Grewal/L. Vargas)
9. Adopted Resolution 2008-261 approving and authorizing the City Manager or
designee to execute Amendment No. Two to Amend the Agreement for
Professional Services with Bellecci & Associates for the John Muir Parkway
Extension/Foothill Drive - Phase I, CIP Project No. 336-31640, in the amount
of $31,446.80. (B. Grewal/A. Salam)
Council Member Richey voted no on Item 9.
10. Adopted Resolution 2008-262 accepting the Zone 2.3 Booster Pump Station,
Zone 2.3 Reservoir and Zone 3.3 Hydropneumatic Pump Station Master Planned
Water Facilities, constructed as a part of the Vineyards at Marsh Creek,
Subdivision No. 8796. (B. Grewal/D. Galey)
11. Adopted Resolution 2008-263 accepting public improvements for
maintenance and reducing the Subdivision Improvement Securities for Deer
Ridge Country Club, Village H-1-A Unit 2, Lafferty Homes, Subdivision No.
8545, located south of Foothill Drive and west of Concord Avenue. (B.
Grewal/D. Galey)
12. Adopted Resolution 2008-264 approving and authorizing the City Manager
to execute Amendment No. 1 to the Assistance Agreement between the State of
California Department of Parks and Recreation and the City of Brentwood for
Stabilization of the John Marsh House and to allow the City Manager to take
all actions in furtherance of the agreement for the remainder of the term of
the Assistance Agreement. (C. Bronzan)
13. Adopted Resolution 2008-265 adopting a Conflict of Interest Code
applicable to certain designated officials and employees, pursuant to
section 87300 of the Government Code and repealing Resolution 2006-280. (K.
Chew/M. Wimberly)
14. Adopted 1) Resolution 2008-266 authorizing the Director of Finance and
Information Systems to approve, file, and release liens for past due
property related administrative citations; and 2) Resolution 2008-267
approving amendments to City Council/Administrative Policy No. 10-15,
Collection Policy, allowing the Director of Finance and Information Systems
to approve, file, and release liens for past due property related
administrative citations (P. Ehler/K. Breen)
15. Adopted Resolution 2008-268 rejecting the bid of R.W. Painting for Bid
Package No. 3 (Tackable Panels and Painting) as non-responsive and approving
the contract documents, awarding the bids and authorizing the City Manager
or designee to execute construction contracts and necessary documents for
the Library Relocation Project, CIP No. 337-37194 for bid packages #2 - #9,
for $387,268 plus a 10% contingency of $38,726.80 for a total amount of
$425,994.80 and authorize the Director of Finance and Information Systems to
facilitate internal loans for the Library Relocation Package. (K. Chew/G.
Leech)
Council Members Richey and Stonebarger voted no on Item 15.
16. Adopted Resolution 2008-269 approving and authorizing the City Manager
or designee to execute Amendment No. 1 to the Agreement with Enterprise
Roofing Service, Inc., in the amount of $18,348.00, plus a 10% contingency
of $1,834.80 for a total amount of $20,182.80 for the Library Relocation
project, CIP No. 337-37194. (K. Chew/G. Leech)
Council Members Richey and Stonebarger voted no on Item 16.
16A. PULLED FOR DISCUSSION - Authorize staff to negotiate terms of an
irrigation water conveyance agreement between the City of Brentwood and Mark
Harris, property owner of 100 Balfour Road. (C. McCann/P. Eldredge/L.
Maurer)
17. Approved warrants from Warrant lists dated October 15, October 22, and
October 29, 2008. (P. Ehler / L. Schelbert)
CONSENT CALENDAR ACTIONS (07:06 PM)
Motion: Approve Consent Calendar Items 1 - 17, excluding Items 3 and 16A.
Council Member Richey voted no on Items 9, 15 and 16, and Council Member
Stonebarger voted no on Items 15 and 16. The motion included the changes
requested related to Item 9.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor
Presentation item taken out of order following Consent Calendar Actions.
PRESENTATIONS (07:07 PM)
Mayor Taylor introduced Lance Corporal Matthew Valenzuela, spoke about the
Valenzuela family, and presented the proclamation.
Mayor Taylor spoke about the County Board of Supervisors and said the City
received a congratulatory plaque regarding road improvements on Vasco Road.
3. Receive and file report on Financial Awards Received by the City’s
Finance and Information Systems Department. (P. Ehler/K. Breen)
Director of Finance and Information Systems, Pam Ehler, explained the five
awards her department had received.
Motion: receive and file report on Financial Awards Received by the City’s
Finance and Information Systems Department.
Moved by Becnel, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor
16A. Authorize staff to negotiate terms of an irrigation water conveyance
agreement between the City of Brentwood and Mark Harris, property owner of
100 Balfour Road. (C. McCann/P. Eldredge/L. Maurer)
Council Member Stonebarger said the item had come before the Agricultural
Committee and he believed there was a potential policy issue in delivering
water outside City limits.
Assistant Director of Public Works/City Engineer, Paul Eldredge, said there
was sufficient capacity in the pump station and pipeline for the amount of
water being requested from the property owner for irrigation services at
property located at 100 Balfour Road. There was sufficient capacity from
East Contra Costa Irrigation District and the City could provide pumping and
wheeling to the user. Since the property was outside City limits, staff
could work on developing deal points and negotiate an agreement between the
City and property owner.
A period of questions and answers between Council Members and staff ensued.
Council Member Becnel said in order not to set a precedent, the agreement
should include language that the City limited the application.
Vice Mayor Brockman said the Agricultural Committee was not in favor of the
item at first due to the concern about the issue between potable and non
potable water. There was also an issue with the Local Agency Formation
Commission (LAFCO) and the area under discussion was within the City’s
influence. It is an agricultural use and the item could be brought forward
if East Contra Costa Irrigation District (ECCID) were in favor.
A period of questions by Council and staff responses ensued.
Motion: Authorize staff to negotiate terms of an irrigation water conveyance
agreement between the City of Brentwood and mark Harris, property owner of
100 Balfour Road, with the direction that in the agreement, this was for
this situation only.
Moved by Becnel, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor
OLD BUSINESS (07:33 PM)
18. Provide direction to the Civic Center Financing Subcommittee and staff
regarding phased construction of the Civic Center. (D. Landeros/G. Leech)
City Manager, Donna Landeros, presented the staff report.
Council Member Becnel said he wanted the park complete and would rather not
have the existing parking lot in front of the community center. He spoke
about parking alternatives and the flexibility in deferring the work on the
parking structure. Going to bid in March would extend the timeline to be
sure the City received an appropriate bond rating. The construction market
was favorable and he spoke about the advantages of moving forward with the
process and said a potential parking structure across the street on Second
Street could help as a parking solution.
Council Member Stonebarger spoke about the City’s bond rating and ability to
finance the project, occupancy numbers, and the allowance to reduce parking
requirements, which gave the Civic Center Financing Committee the
flexibility to oppose using the existing parking lot and complete the park.
City Manager, Donna Landeros, clarified that the decision before Council was
whether or not to support the placement of the parking structure in phase 2.
Mayor Taylor opened public comments.
Jonathan Dorr, educator at Liberty Union High School, said he was in favor
of the civic center and asked to work with Council regarding the issues of
construction noise levels and access.
Kathy Fredenberg said she was opposed to building the civic center at the
proposed location and she asked about other locations.
Mayor Taylor closed public comments.
Council Member Stonebarger said staff had identified other parking which
would take $10 million off of the financing package for the first phase and
he was in support of placing the parking structure in another phase. He was
concerned about using redevelopment monies and while he supported phasing,
he did not support the current timing due to revenue sources and actual
costs.
Council Member Becnel said he was concerned the City would incur additional
costs in waiting too long if the economy turned. Council would know before
going to bid if the financing was not there and he was in support of phasing
the project.
Council Member Stonebarger said the Civic Center Financing Committee
supported the phasing approach.
Council Member Becnel felt timing issues on going to bid and the impacts to
the project needed to be explored.
Vice Mayor Brockman said staff was moving in accordance with Council
direction and as long as the construction drawings were complete, he was in
support of phasing the project. Council was looking at March for the
financing, and if the financial climate changed, he believed staff would
indicate the change in time to move forward. He was in favor of phasing the
project.
Mayor Taylor agreed to the phasing of the parking structure and said he
could not see Council proceeding in March if the financial timing was not
right.
Motion: Direct staff to implement a phased approach for the Civic Center
consisting of building the City Hall and Community Center as Phase 1 and the
Parking Structure as Phase 2.
Moved by Becnel, seconded by Brockman.
Vote: Motion carried 4-1.
Yes: Becnel; Brockman; Stonebarger; Taylor
No: Richey
NEW BUSINESS (08:12 PM)
19. Local Preference Program Ad Hoc - Subcommittee Update. 1) Receive report
from the Subcommittee; 2) If Council desires further research into becoming
a charter city, establish a new ad hoc subcommittee to examine specifically
that issue; 3) Direct the new subcommittee to report back to the Council in
early 2009, as part of the Council’s goal setting for 2009/10. (Council
Members B. Richey and E. Stonebarger/D. Brower/B. Grewal)
Director of Public Works/City Engineer, Bailey Grewal, presented a staff
report. With regard to the legal issues associated with public contracting
and enforcement of local preference programs by general law cities, the
Local Preference Program Subcommittee felt a program as a charter city may
be more successful.
City Attorney, Damien Brower, summarized information regarding both general
law and charter cities.
Council Member Richey requested Council direction and said the City needed
to establish what type of city it wanted to be before continuing down the
path of considering local preference and programs.
Council Member Stonebarger said if the city were a charter city, the Local
Preference Program Committee felt there would be more flexibility with local
preference programs.
Council Member Becnel asked about greater local control and the ability to
exempt the City from the Public Contract Code.
City Attorney, Damien Brower, said a Charter City could exempt itself from
certain provisions while being willing to accept other provisions of the
Public Contracts Code.
Mayor Taylor opened public comments.
Mayor Taylor closed public comments.
Vice Mayor Brockman said he did not have a problem researching costs and
limitations. Being a charter city seemed to give a broader ability to have
Council make more rules and more decisions without as much oversight and he
needed more information.
Council Member Richey said with a charter city, the control of the
operational direction of the City was up to the voters.
Mayor Taylor asked about the affect on services with the county, state, and
federal governments.
City Attorney, Damien Brower, said the Local Preference Program Subcommittee
was requesting the appointment of an ad-hoc committee to study becoming a
charter city before returning to Council at the goal setting session.
Mayor Taylor was in favor of pursuing the charter city.
Council Member Becnel said he supported Council Member Richey regarding the
local preference ordinance. He requested additional information about
differences between general law cities and charter cities and if elements of
the Public Contract Code could be chosen.
Council Member Brockman agreed with Council Member Becnel and said he did
not have a problem receiving more information on the possibility of becoming
a charter city. He cautioned that this may not be the way to go.
Council Member Richey said he felt becoming a charter city would be in the
best interest of the City and was about operational advantages.
Council Member Stonebarger said becoming a charter city was worth pursuing.
Motion: Approve the appointment of a Local Preference Program Ad Hoc
Subcommittee to examine the charter city issue with the following ultimate
goals: 1) Receive report from the Subcommittee; 2) If Council desires
further research into becoming a charter city, establish a new ad hoc
subcommittee to examine specifically that issue; 3) Direct the new
subcommittee to report back to the Council in early 2009, as part of the
Council’s goal setting for 2009/10.
Moved by Richey, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor
INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, SUBCOMMITTEES AND LIAISONS -
None (08:35 PM)
REQUEST FOR FUTURE AGENDA ITEMS: (08:35 PM)
Vice Mayor Brockman requested the City create a focus group or committee to
work on a proactive basis to pursue how to draw larger employers to the
City.
ADJOURNMENT (08:39 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
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