CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, 7:00 P.M.
DECEMBER 9, 2008
COUNCIL CHAMBER

CALL TO ORDER - 734 Third Street, City Council Chamber (07:00 PM)

Pledge of Allegiance - Fran Curtis (07:05 PM)

Invocation - Reverend Austin Miles (07:06 PM)

Roll Call (07:09 PM)
Present: Becnel; Brockman; Richey; Stonebarger; Taylor

PUBLIC COMMENTS (07:10 PM)

Barbara Guise spoke about Tri Delta Transit public hearings scheduled for December 12, 2008, and December 16, 2008, at 8:00 p.m., regarding the Lawrence Livermore Lab bus.

1A. Approved minutes of the City Council/Redevelopment Agency special meeting held November 18, 2008. (M. Wimberly)

Motion: Approve minutes of the City Council/Redevelopment Agency special meeting held November 18, 2008.
Moved by Becnel, seconded by Brockman.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

1B. Adopt a Resolution reciting the facts of the General Municipal Election held on November 4, 2008, declaring the result and such other matters as provided by law. (K. Chew/M. Wimberly)

Motion: Adopt Resolution 2008-270 reciting the facts of the General Municipal Election held on November 4, 2008, declaring the result and such other matters as provided by law.
Moved by Stonebarger, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

ADJOURNMENT - Adjourn 2006/2008 City Council sine die (07:12 PM)

Motion: Approve ADJOURNMENT - Adjourn 2006/2008 City Council sine die
Moved by Becnel, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

Oath of Office and installation of newly elected Mayor and Council Members.

City Clerk, Margaret Wimberly, administered the Oath of Office to newly elected Council Members Bob Brockman, Erick Stonebarger and Mayor Robert Taylor.

CONVENE 2008/2010 CITY COUNCIL (07:22 PM)

Roll Call (07:23 PM)
Present: Becnel; Brockman; Richey; Stonebarger; Taylor

CEREMONIAL MATTERS (07:23 PM)

A. Selection of a Vice Mayor.

City Attorney, Damien Brower, presented a staff report.

Mayor Taylor requested public comments.

Motion: Approve the Selection of Council Member Erick Stonebarger as Vice Mayor.
Moved by Taylor, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

RECESS (07:26 PM)

RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY (07:48 PM)

PUBLIC COMMENTS - None (07:48 PM)

CONSENT CALENDAR (07:48 PM)

1. Approved the reappointment of Claudette Naturel-Staton, Johnny Staton and Stephen Smith to new terms on the Brentwood Advisory Neighborhood Committee (BANC). (C. Bronzan/B. Gary)

2. Received and filed the City of Brentwood Sports Philosophy. (C. Bronzan/S. Barry)

3. Adopted Resolution 2008-271 approving and authorizing continued participation in the Regional High Efficiency Clothes Washer Rebate Program in collaboration with other municipal water agencies and Pacific Gas and Electric Company (PG&E) in the amount of $45,000, and authorizing the City Manager or her designee to execute and submit all necessary documents to participate in the Regional High-Efficiency Washing Machine Rebate Program (HEW). (B. Grewal/E. Brennan/D. Williford)

4. Adopted Resolution 2008-272 approving a fee waiver request from Contra Costa County for $3,946.46 for the use of City facilities for Brentwood Public Library Special Events, and California Offenders Program Services; and $1,379.52 for Delta Community Services Inc. (DCSI) staff meetings, Hi-Cap Insurance Counseling and fundraisers for January 1 - June 30, 2009. (C. Bronzan/O. Alvarez)

5. Adopted Resolution 2008-273 amending the City of Brentwood Council/Administrative Policy No. 90-3, Section No. 15 related to establishing an Activity Code of Conduct. (C. Bronzan/S. Barry)

6. Adopted Resolution 2008-274 amending the CIP Budget Sheet with an increase of $8,705 to the Communication Tower Antenna Installation Project for a total cost of $36,905. (M. Evenson/T. Hansen)

7. Adopted Resolution 2008-275 approving the revised classification description for Project Services Specialist and repealing the classification description and salary range for Project Services Manager. (K. Chew/P. Standley)

8. Adopted Resolution 2008-276 approving and authorizing the City Manager or designee to execute two Grant of Easements and any necessary related documents with Trilogy Vineyards, LLC for air space over Fairview Avenue south of Balfour Road for golf cart/pedestrian bridges. (B. Grewal/P. Eldredge)

9. Adopted Resolution 2008-277 approving and authorizing the City Manager or designee to execute the Operation and Maintenance Agreement for the Detention Basin (APN#017-670-040) and any necessary related documents with Pulte Homes Corporation; and to convey the Grant of Easement for irrigation, maintenance and access purposes for the same Detention Basin (APN#017-670-040) through the City owned Park to Pulte Homes Corporation ("Developer") as part of Subdivision No. 8311 (APN#017-080-006), located south of Sand Creek Road. (B. Grewal/D. Boskovic)

10. Adopted Resolution 2008-278 accepting the work performed by Delta Excavating, Inc. for the Downtown Infrastructure, CIP Project No. 562-56382, and directing the City Clerk to file a Notice of Completion with the County Recorder. (B. Grewal/A. Salam)

11. Adopted Resolution 2008-279 approving a plan for the use of the 2008/09 Proposition 1B transportation funds, authorizing the City Engineer to submit the plan to the State Department of Finance and amending the CIP Budget Sheet for the John Muir Parkway Extension/Foothill Drive-Phase I, CIP Project No. 336-31640 to reflect project funding from this source. (B. Grewal/D. Galey)

12. Adopted Resolution 2008-280 accepting the American Avenue improvements constructed as a part of the Heritage High School project by Liberty Union High School District. (B. Grewal/D. Galey)

13. PULLED FOR DISCUSSION - Adopt a Resolution approving and authorizing the City Manager or designee to execute a Contract for Landscape Maintenance Services with East Bay Construction Company in the amount of $2,103,051.91, plus a 10% contingency of $210,305.19 for a total not to exceed contract amount of $2,313,357.10 for citywide Lighting and Landscape Districts (LLDs) and authorize the City Manager or designee to approve necessary documents for the base bid, extra work, and extensions as appropriate. (C. Bronzan/R. Stromgren)

14. PULLED FOR DISCUSSION - Adopt a Resolution approving and authorizing the City Manager or designee to execute a Contract for Landscape Maintenance Services with American Civil Constructors (ACC) in the amount of $2,021,709.42, plus a 10% contingency of $202,170.94 for a total not to exceed contract amount of $2,223,880.36 for citywide Parks and authorize the City Manager or designee to approve necessary documents for the base bid, extra work, and extensions as appropriate. (C. Bronzan/R. Stromgren)

15. PULLED FOR DISCUSSION - Adopt a Resolution approving and authorizing the City Manager or designee to execute a Contract for Landscape Maintenance Services with Sycamore Landscaping Corporation in the amount of $822,119.55, plus a 10% contingency of $82,211.96 for a total not to exceed contract amount of $904,331.51 for citywide Right-of-Ways and authorize the City Manager or designee to approve necessary documents for the base bid, extra work, and extensions as appropriate. (C. Bronzan/R. Stromgren)

16. PULLED FOR DISCUSSION - Adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. 3 to the Amended and Restated Contract for Landscape Maintenance with West Coast Arborists, Inc. in the amount of $114,601 for a total contract amount not to exceed $637,301 and extending the term of the contract from January 1, 2009 to June 30, 2009. (C. Bronzan/R. Stromgren)

17. PULLED FOR DISCUSSION - Adopt a Resolution amending City Council/Administrative Policy No. 10-11 Authorized City Officials, Executives, and Employees regarding Warrants, Banking, Trust and Investment Accounts. (P. Ehler/D. Davies/M. Huber)

18. Adopted Resolution 2008-281 authorizing: (1) the acceptance of the grant award from the State of California Office of Traffic Safety (OTS) in the amount of $10,547.78 for the Sobriety Checkpoint Mini-Grant Program for 2008-2009; (2) the Chief of Police or his designee to sign a funding agreement with the State of California Office of Traffic Safety (OTS) and any other documents necessary to implement the program; and (3) an amendment to the 2008/09 Operating Budget increasing revenues and expenses by $10,548 for the Sobriety Checkpoint Mini-Grant Program. (M. Evenson/C. Hirsch)

19. Adopted Resolution 2008-282 Rejecting the Bid of A Quality Heating and Air for Bid Package No. 7 (Mechanical) as Non-responsive and Approving the Contract Documents, Awarding the Bid and Authorizing the City Manager or Designee to Execute Construction Contract and Necessary Documents to Skelton Heating and Air for the Library Relocation Project, CIP No. 337-37194, for Bid Package #7 in the amount of $50,800 plus a 10% contingency of $5,080, for a total amount of $55,880 and authorize the Director of Finance and Information Systems to facilitate internal loans for the Library Relocation Package. (K. Chew/G. Leech)

Council Member Becnel abstained on Item 19.

20. Adopted Resolution 2008-283 authorizing the City Manager or designee to include Bid Alternate in the contract with Alhambra Electric to update and replace the existing security system at the Brentwood Family Aquatic Complex by change order in the amount of $24,468 plus a 10% contingency of $2,446.80 for a total change order amount of $26,914.80 and a total contract amount of $466,778. (C. Bronzan/P. Scherff)

21. Adopted Resolution 2008-284 approving a Memorandum of Understanding between the City of Brentwood and the Brentwood Senior Citizens Club, Inc. regarding running a wide variety of programs, activities, and services at the Brentwood Senior Activity Center and approving a fee waiver for the term of January 1, 2009 to June 30, 2009 in the amount of $23,514.68. (C. Bronzan/M. Kaiser)

22. Adopted Resolution 2008-285 approving and authorizing City Manager or her designee to execute Amendment No. 5 to Purchase Agreement with Pizzagoni Family, Inc., for an extension of the City’s Option to Repurchase period by 180 days from issuance of building permits, for site at Sunset Industrial Complex and for a reduction by 180 days for issuance of a Certificate of Occupancy, and directing staff to take actions and authorizing the City Manager to execute documents necessary for the amendment. (C. McCann/G. Rozenski)

23. Adopted Resolution 2008-286 1) approving and authorizing the City Manager to sign a contract with CRW Systems, Inc. in the amount of $250,600, plus a 15% contingency, for a total amount of $288,190 to provide Development Services Software, CIP Project No. 337-37197, and authorizing the City Manager to execute any necessary contract amendments up to the amount of the contingency and 2) amending the CIP Budget Sheet for Development Services Software, CIP Project No. 337-37197. (C. McCann/L. Kidwell)

Redevelopment Agency Consent Items:

24. Accepted Redevelopment Agency’s Blight Progress Report, Property Report and Housing Activities Report for Fiscal Year Ending 2008. (C. McCann/G. Rozenski)

25. Approved warrants from Warrant lists dated November 05, November 12, and November 19, 2008. (P. Ehler/L. Schelbert)

CONSENT CALENDAR ACTIONS (07:51 PM)

Motion: Approve Consent Calendar Items 1 - 25 as recommended, excluding Items 13 - 17. Council Member Becnel abstained on Item 19.
Moved by Brockman, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

Items 13 - 16 acted upon together.

Director of Parks and Recreation, Craig Bronzan, presented the staff reports and budget information for Items 13 - 16. Staff recommended awarding bids to the following three companies: Item 13 - East Bay Construction Company, Item 14 - ACC Landscape Maintenance, and Item 15 - Sycamore Landscaping. With regard to the tree work referred to in Item 16, he recommended extending the current contract with West Coast Arborists to finish the work in this fiscal year while staff looked for a long-term, citywide, tree pruning contract.

Motion: Approve Items 13 - 16 as recommended.
Moved by Taylor, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

13. Adopted Resolution 2008-287 approving and authorizing the City Manager or designee to execute a Contract for Landscape Maintenance Services with East Bay Construction Company in the amount of $2,103,051.91, plus a 10% contingency of $210,305.19 for a total not to exceed contract amount of $2,313,357.10 for citywide Lighting and Landscape Districts (LLDs) and authorize the City Manager or designee to approve necessary documents for the base bid, extra work, and extensions as appropriate. (C. Bronzan/R. Stromgren)

14. Adopt Resolution 2008-288 approving and authorizing the City Manager or designee to execute a Contract for Landscape Maintenance Services with American Civil Constructors (ACC) in the amount of $2,021,709.42, plus a 10% contingency of $202,170.94 for a total not to exceed contract amount of $2,223,880.36 for citywide Parks and authorize the City Manager or designee to approve necessary documents for the base bid, extra work, and extensions as appropriate. (C. Bronzan/R. Stromgren)

15. Adopted Resolution 2008-289 approving and authorizing the City Manager or designee to execute a Contract for Landscape Maintenance Services with Sycamore Landscaping Corporation in the amount of $822,119.55, plus a 10% contingency of $82,211.96 for a total not to exceed contract amount of $904,331.51 for citywide Right-of-Ways and authorize the City Manager or designee to approve necessary documents for the base bid, extra work, and extensions as appropriate. (C. Bronzan/R. Stromgren)

16. Adopted Resolution 2008-290 approving and authorizing the City Manager or designee to execute Amendment No. 3 to the Amended and Restated Contract for Landscape Maintenance with West Coast Arborists, Inc. in the amount of $114,601 for a total contract amount not to exceed $637,301 and extending the term of the contract from January 1, 2009 to June 30, 2009. (C. Bronzan/R. Stromgren)

17. Adopt a Resolution amending City Council/Administrative Policy No. 10-11 Authorized City Officials, Executives, and Employees regarding Warrants, Banking, Trust and Investment Accounts. (P. Ehler/D. Davies/M. Huber)

Council Member Becnel asked to retain the Accounting Manager and Chief Financial Officer positions on the list, and add the City Manager, Assistant City Manager, and City Attorney to the list of authorized employees to Policy Section 2.3.2 regarding policy investment trust accounts.

Director of Finance and Information Systems, Pam Ehler, said she concurred with Council Member Becnel’s solution.

Motion: Adopt Resolution 2008-291 amending City Council/Administrative Policy No. 10-11 Authorized City Officials, Executives, and Employees regarding Warrants, Banking, Trust and Investment Accounts, with the modifications of retaining the Accounting Manager and Chief Financial Officer positions and adding the City Manager, Assistant City Manager, and City Attorney to the list of authorized employees to Policy Section 2.3.2 regarding policy investment trust accounts.
Moved by Becnel, seconded by Brockman.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

PUBLIC HEARING (07:58 PM)

26. Consideration of a Resolution adopting a mitigated negative declaration and an ordinance rezoning (RZ 07-08) the Ferro/Ronconi project, a proposed subdivision of approximately 42 acres into 160 single-family residential lots, located at the northeast corner of Balfour Road and Griffith Lane. (C. McCann/E. Nolthenius)

Principal Planner, Erick Nolthenius, presented a staff report and said staff and the Planning Commission recommended that Council adopt a resolution approving the mitigated negative declaration and introduced and waived the first reading of an ordinance approving the rezone.

A period of questions by Council and responses by staff ensued.

Mayor Taylor opened the public hearing.

Ray Panek, Planning and Land Development for KB Homes South Bay, said the project had undergone a number of community meetings and a lot of work with City staff. The Planning Commission was unanimous in their approval of the project and KB Homes requested Council approval.

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

Motion: Adopt Resolution 2008-292 adopting a mitigated negative declaration for the Ferro/Ronconi project, located on a 42.34-acre site at the northeast corner of Balfour Road and Griffith Lane (APN 012-130-006 and APN 012-130-007).
Moved by Brockman, seconded by Stonebarger.
Vote: Motion carried 4-1.
Yes: Becnel; Brockman; Stonebarger; Taylor
No: Richey

Motion: Introduce and waive first reading of Ordinance 860 of the City Council of the City of Brentwood approving a Rezone (RZ 07-08) from R-1 to PD-33 for the Ferro/Ronconi project, a proposed subdivision consisting of approximately 42 acres into 160 single-family residential lots, located at the northeast corner of Balfour Road and Griffith Lane.
The City Clerk read the title of proposed Ordinance 860.
Moved by Brockman, seconded by Stonebarger.
Vote: Motion carried 4-1.
Yes: Becnel; Brockman; Stonebarger; Taylor
No: Richey

NEW BUSINESS ITEMS (08:04 PM)

27. Received the Independent Auditors Report and Comprehensive Annual Financial Report for Fiscal Year 2007/2008. (P. Ehler/K. Breen)

Kerry Breen, Finance Accounting Manager - Business Services Manager, presented a staff report and highlights of the Comprehensive Annual Financial Report.

Amy Meyer, Maze and Associates, said Maze and Associates had performed an audit of the City’s financial statements, such as the Comprehensive Annual Financial Report, the Redevelopment Agency Financial Statements and any grant funding the City should receive. The City and Redevelopment Agency received clean reports for both. Maze and Associates tested internal controls to be sure the City was following its policies and its practices. If there were recommendations, it would be in the report and there were no other items of note to disclose to Council.

Mayor Taylor requested public comments.

Mayor Taylor closed public comments.

Motion: Receive the Independent Auditors Report and Comprehensive Annual Financial Report for Fiscal Year 2007/2008.
Moved by Stonebarger, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

28. Received the Redevelopment Agency Financial Statements and Redevelopment Agencies Financial Transactions Report to the State Controller’s Office for Fiscal Year 2007/2008. (P. Ehler/K. Breen)

Finance Accounting Manager - Business Services Manager, Kerry Breen, presented a staff report and said the item was included in the discussion with the Comprehensive Annual Financial Report.

Mayor Taylor requested public comments.

Mayor Taylor closed public comments.

Motion: Receive the Redevelopment Agency Financial Statements and Redevelopment Agencies Financial Transactions Report to the State Controller’s Office for Fiscal Year 2007/2008.
Moved by Stonebarger, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, SUBCOMMITTEES AND LIAISONS (08:11 PM)

Mayor Taylor reported on the the Mayor’s conference held in Brentwood.

REQUEST FOR FUTURE AGENDA ITEMS: (08:12 PM)
ADJOURNMENT (08:12 PM)

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

Respectfully submitted,

Cynthia Garcia, CMC
Assistant City Clerk