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Past Agendas

MINUTES
CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
JUNE 24, 2003

A regular meeting of the City Council of the City of Brentwood was called to order at 6:30 p.m. in the Council Chambers located at 734 Third Street, with Mayor Swisher presiding.

Present: Councilmembers Beckstrand, Gutierrez, Hill, Petrovich, Mayor Swisher
Absent: None

The meeting adjourned to closed session at 6:31 p.m. pursuant to Government Code §54956.8

CLOSED SESSION

Conference with Real Property Negotiators pursuant to Gov’t Code § 54956.8
Property: Long-term water and treatment options from Contra Costa Water District
Agency negotiators: John Stevenson, Bailey Grewal, Paul Eldredge
Under negotiation: price/terms of payment.

Closed Session adjourned at 6:45.p.m.

The meeting reconvened to open session at 7:02 p.m. with all City Council Members present and no reportable action.

PRESENTATIONS

A. Craig Cheslog, District Representative for Senator Torlakson, announced that the upcoming Senate Select Committee hearing on Bay Area infrastructure would be held from 7:00 p.m. to 9:00 p.m. on July 10, 2003, at the Ironhouse Sanitary District, 450 Walnut Meadows Drive in Oakley. He noted that the State budget crisis had jeopardized important funding sources for a range of transportation projects in east Contra Costa County. Presentations would be made regarding widening Highway 4, planning for passenger rail, making safety improvements on Vasco Road and construction of Hwy 4 Bypass. Questions could be directed to the District Office at (925) 602-6593.

B. Presentation by Assemblyman Joe Simitian and Mark Thomas-Ridley regarding the State budget.

Assemblyman Joe Simitian, Representative of the 21st District, reported on the State budget and asked Council to take formal action to call on the State for a balanced approach to dealing with the budget issue. The State had a $38 billion budget shortfall. He said that a balanced approach would entail some additional revenues and the restoration of revenues from the vehicle license fee. Substantial budget reductions were in place and would require a 2/3 vote by State to take action. Cuts to local government would be more substantial if action was not taken and he asked for formal action to indicate that some sort of balanced approach and that it would involve some form of fees or taxes over and above what were currently flowing to the State. He asked that Council acknowledge and recognize and offer opinions on the potential impact of the budget on the City.

Assemblyman Mark Ridley-Thomas, Representative of the 48th District, said he was concerned about the quality of life in the City and that tough decisions needed to be made and $12 billion in cuts had been made already in the areas of cancer research, limiting dental care for seniors and outreach to uninsured children, State operations had been cut such as forestry, prisons and environmental protection, and there would be billions of cuts and education cuts reducing funds for classroom materials, teaching training, adult education, eliminating reading to children who were falling behind. This could not be done by cuts alone and there needed to be a revenue enhancement to balance the budget and a large measure on the backs of local government. He said it would be a problem for the City with a $1 billion permanent shift in local revenue beginning July 1, 2003. Another proposal would be cuts to COPS and juvenile justice programs. If the State was not able to sustain the restoration of the vehicle license fees, the City would sustain loses in the amount of $1.2 million. If revenues were not created in the out years, $11 and $13 billion consecutively would be borne by local governments throughout California. He said he did not believe that local government should not have to bear the brunt of balancing the budget. Options available to the City were to have cuts and increase and restore revenues, in the amount of $26 billion of relief. He asked Council for assistance to help avoid burdens being imposed on local governments.

Council Member Beckstrand asked if the State was proposing a sales tax and State income tax increase.

Assemblyman Simitian said that there were different proposals such as the ½ cent sales tax, which would get past approximately $10 billion worth of debt; a top two bracket for the wealthiest Californians; a smokers tax or the restoration of the vehicle license fee.

Council Member Beckstrand noted that it would come from the City or citizens.

Assembly Member Simitian said it would either be the cities or citizens or make further cuts to the State budgets such as the schools since 50 percent of the budget went to K – 12 and higher education and the State would need to cut the budget further than proposed.

Council Member Beckstrand asked why education was first to be cut versus State staff and administration.

Assemblyman Simitian said he was a pub school advocate and when public schools comprised about 40 percent of the State budget, and higher education another 10 percent and schools would be hit with a budget shortfall as well as local government. The Department of Corrections was not originally looked at for savings even though Corrections was only 7 percent of the budget. He said that the State was able to hold off on public education because of the Proposition 98 guarantee and local governments did not benefit from a similar guarantee. That was why cities and counties were at risk. Between 1996 – 2000 stock options and capital gains income to the State of California went from $4 to $17 billion per year plus and the revenue was built in the budget as if it were an annual source of funds and it was not. Democrats wanted to spend that money on programs and services. It was agreed to take certain reductions in taxes and fees, which Republicans wanted to do and it was the worst of both worlds. There was a reduction in the number of places where taxes and fee revenue could be derived and it was at the same time the State had built in higher expectations for services and programs. It had worked well in the late 1990’s when there was a lot of money coming into the State and did not work well when the economy took a downturn when the State was building in higher expectations for services and programs and there were reduced sources of revenue. In addition to the cuts, he suggested returning some of the sources of revenues to the State of California.

Council Member Beckstrand said it sounded as if the Stated wanted City support in raising income and sales taxes or the City budgets would be slashed.

Assemblyman Ridley Thomas said that the State was trying to avoid that and that there were proposals on the table that the State thought to be undesireable and unacceptable and would come in the form of more burdens for local governments. A way around that was to take an approach to increase cuts and enhance revenues. Absent working with the two options, the only option of consequence available to the State was the imposition of more burdens to local government and the State did not want that to happen. If the State faced no increase in revenues, whether it was the restoration of the vehicle license fee, the ½ cent sales tax or upper bracket tax or cigarette tax and if no relief there, they will turn to the City to assist. The City needed to explore options.

Council Member Hill said he did not have the opportunity to create the problem State problem and he suggested that since revenue enhancement did not always come from some reaching into their pockets and paying more taxes. He suggested removing things like environment laws that prevent investment of private dollars in the State and had driven people from the State of California into other states and that those dollars be put back into California. An example was through wildlife fish and game and water resources had stifled the economy in the State and loss of revenue had occurred. Every time the State needed more money, the people were taxed and the State needed to be more creative on how the revenue was generated and every time there was someone who wanted to invest in the City/State, there were all of the CEQA laws and thousands and millions of dollars were wasted. Money could be invested in State in a much more productive way and the leadership in State fostered the inept attitude that caused things to occur that way. He was opposed to supporting any resolution that would raise taxes. The City had a contingency plan and he believed that there is another way to generate revenue than just taxing.

Assembly Member Ridley-Thomas said the problem was sufficiently profound and unless there were structural corrections, and a combination of options must happen, and the problem did not go away and was unprecedented.

Mayor Swisher said that as he saw taxes proposed to be increased, he needed to know that reductions were coming as opposed to a tax increases.

Assembly Member Simitian said that the operating budget for the proposed fiscal year rolled back to 1999
Levels, consistent with the need to reduce expenditures.

Mayor Swisher asked that budget cuts off set taxes and that there would be give and take on both sides.

Assembly Member Ridley-Thomas said the problem could not be fixed by raising taxes and that was why the cuts had taken place.

Council Member Beckstrand agreed that raising taxes was not the only answer. If the budget was not planned for shortfalls, than it was not planned and Sacramento wanted to place it on citizens and cities. She asked the State to look at the way a business ran itself and said that the State should run it like an enterprise.

Assembly Member Simitian stated that much could and would be done and that the manufacturing credit and workers compensation needed repair in California. It was important that people know that it was not just a California problem but was a problem in 47 States. Californians were sending mixed messages and asking that the State not cut transportation, education or taxes and had opposed restoration of the vehicle license fee. The State could not do both and he noted that both were 80 percent of the State budget. A balanced approach equaled both taxation and new programs. He asked if the City supported the vehicle license fee restoration.

Council Member Hill said he continued to pay more taxes and get less and less. The City would have to deal with it and all the things the constituents were concerned about were getting less and less.

Council Member Petrovich said Republicans and Democrats should work together and balance the budget. He noted that the people had paid sales tax for a BART system and then it was sent to Santa Clara.

Assemblyman Ridley-Thomas said it was between Republicans and Democrats and that Council should communicate with their Assembly person. The State needed to move forward and was inviting support.

AGENDA REVIEW

Item B Add a presentation for State Assembly Members Simitian and Ridley-Thomas to discuss
the State budget.

Item 2 Revised resolution amount.

Item 17 Revised resolution and non-compliance list.

It was moved/seconded by Swisher/Hill to accept the items per Agenda Review. Motion carried unanimously.

CITIZEN COMMENTS

Bruce Ghiselli, Chairman of the Brentwood Agricultural Land Trust introduced new Executive Director, Kathryn Lyddan.

CONSENT CALENDAR

1. Approved minutes of May 27, 2003, as corrected.

2. Approved Resolution No. 2895 authorizing the City Manager and/or Chief of Police to sign a funding agreement with the State Office of Traffic Safety in the amount of $140,802 to develop and implement a program for community speed reduction education and enforcement to reduce the number of speed and DUI-related injury and non-injury traffic collisions.

3. Approved recommendation from Youth Commission to appoint new Youth Commissioners and Adult Advisors.

4. Approved amendment to the Youth Commission bylaws.

5. Adopted and waived second reading of Ordinance No. 745 authorizing an amendment to the contract between the Board of Administration California Public Employees’ Retirement System and the City of Brentwood; Approved Resolution No. 2896 authorizing the Finance Director to facilitate internal loans necessary to pay the unfunded liability.

6. Approved Resolution No. 2897 authorizing the Mayor or City Manager and City Clerk or any of their designees to execute a Quitclaim Deed terminating any interest the City of Brentwood may have in an Offer of Dedication shown on Subdivision Map MS 136-69 recorded November 20, 1969, in Book 11 of Parcel Maps at Pages 8 and 9, and conveyed by separate instrument recorded November 20, 1969, Instrument No. 82054, Book 6008 of Official Records of Contra Costa County at Pages 307, 308 and 309, only as to that portion of the dedication which lies on property identified as APN 019-050-027, generally located south of Lone Tree Way and on the west side of Windy Springs Lane and hereby conveying said interest to Michael K. Rogge and Karen D. Rogge, and any other documents necessary to terminate City interest in said dedication.

7. Approved Resolution No. 2898 authorizing the Mayor or City Manager and City Clerk or any of their designees to execute a Quitclaim Deed terminating any interest the City of Brentwood may have in an easement for water pipe purposes recorded December 23, 1955 as Instrument No. 79433, in Book 2678, Page 269, Contra Costa County Records, generally located on the north side of Lone Tree Way between Empire Avenue and Fairview Avenue, a portion of APN 019-010-008, and hereby conveying said interest to Rose Marie Pierce, as Trustee of the Elmo Clifford and Rose Marie Pierce Surviving Spouse’s Trust, as to an undivided 50% interest; and Paul Martin, a married man, Ralph Martin, a married man, James Martin and Lawrence Martin, a married man, as to an undivided 50% interest; all as tenants in common, and any other documents necessary to terminate City interest in the easement for water pipe purposes.

8. Approved Resolution No. 2899 authorizing the Mayor or City Manager and City Clerk or any of their designees to execute a Quitclaim Deed terminating any interest the City of Brentwood may have in an unimproved portion of Chestnut Street, formerly known as Brentwood Road and shown on Brentwood Irrigation Farms #4 filed September 11, 1917 in Book 16 of Maps at Page 325, Contra Costa County, generally located between Garin Parkway and Sellers Avenue, and hereby conveying whatever interest the City may have in said unimproved portion of Chestnut Street to Signature Properties, Inc., a California Corporation.

9. Approved Resolution No. 2900 adopting new classification descriptions and compensation ranges for various classifications, effective July 1, 2003.

10. Approved Resolution No. 2901 amending four (4) Professional Design and Service Agreements as needed for project completions.

11. Approved Resolution No. 2902 authorizing staff to temporarily close Sellers Avenue from Chestnut Street to Balfour Road for fifteen (15) working days for the reconstruction of Sellers Avenue.

12. Approved Resolution No. 2903 authorizing the City Manager to execute agreements for providing professional plan check services to the City on an as-needed basis from Harris and Associates not to exceed $75,000.00, AdvancedTec Engineering Group not to exceed $50,000.00, and McHale Engineering not to exceed $15,000.00 through June 30, 2004; and granting the City Manager to execute change orders up to 10% of the contract amounts.

13. Approved Resolution No. 2904 accepting all on-site and off-site public improvements for maintenance; accepting the Subdivision Maintenance Bonds and releasing the Subdivision Improvement Securities for Sand Creek Crossing Shopping Center, AIG Baker, Design Review 01-05, located south of Sand Creek Road, north of San Jose Avenue and east of Hwy 4 Bypass.

14. Setting July 22, 2003, as the date for the public hearing for the appeal of the Planning Commission’s decision related to a condition of approval for the Arbor Ridge Apartment project.

It was moved/seconded by Petrovich/Beckstrand to approve consent calendar items 2 - 14. Motion carried unanimously.

Item 1 Approve minutes of May 27, 2003.

Council Member Hill asked that his absence be reflected on the Closed Session portion of the minutes.

It was moved/seconded by Hill/Beckstrand to approve Item 1 to reflect the correction as proposed by Council Member Hill. Motion carried unanimously.

PUBLIC HEARINGS

15. Approved Resolution No. 2905 renewing the annual sewer service standby charge on vacant parcels of land within the City limits for Fiscal Year 2003-04, assessing the charge, and declaring that the charge be collected as part of the annual County Property Tax Bill.

Approved Resolution No. 2906 renewing the annual water service standby charge on vacant parcels of land within the City limits for Fiscal Year 2003-04, assessing the charge, and declaring that the charge be collected as part of the annual County Property Tax Bill.

Debra Galey presented a brief staff report noting that this was an annual review of the water and sewer service standby charge. The California Government Code allowed cities to collect charges for the water and sewer to assure the availability of service for future parcels. The charge would be levied on vacant parcels and vacant parcels with entitlements until a building permit was issued.

Mayor Swisher opened the public hearing.

It was moved/seconded by Petrovich/Hill to close the public hearing. Motion carried unanimously.





RESOLUTION NO. 2905

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD RENEWING THE ANNUAL SEWER SERVICE STANDBY CHARGE ON VACANT PARCELS OF LAND WITHIN THE CITY LIMITS FOR FISCAL YEAR 2003-04

RESOLUTION NO. 2906

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD RENEWING THE ANNUAL WATER SERVICE STANDBY CHARGE ON VACANT PARCELS OF LAND WITHIN THE CITY LIMITS FOR FISCAL YEAR 2003-04.

It was moved/seconded by Petrovich/Gutierrez to waive full reading of Resolution Nos. 2905 and 2906 and approve as recommended by staff. Motion passed by the following vote:

AYES: Beckstrand, Gutierrez, Hill Petrovich, Mayor Swisher
NOES: None
ABSENT: None
ABSTAIN: None

16. Approved Resolution No. 2907 declaring the formation of the City of Brentwood Community Facilities District No.3 and calling for a special election; Approved Resolution No. 2908 declaring the necessity to incur bonded indebtedness and calling for a special election; Approved Resolution No. 2909 determining the results of the special election and Introduced and waived first reading of Ordinance No. 750 to levy the special taxes.

Debra Galey stated that the fiscal year 2003/04 special tax was proposed to be set at $440 with the maximum of $600 annually for residential development, $3,600 per acre for commercial development and could be adjusted every fiscal year within the maximum tax rate including the two percent annual CPI increase. Each property owner within the territory of the district had been mailed a consent and waiver form to be signed and to cast their ballot and vote for annexation of their property. Votes will be tabulated, District No. 3 would be formed and the property owners would be subject to the special tax, once developed.

Mayor Swisher opened the public hearing.

It was moved/seconded by Hill/Petrovich to close the public hearing. Motion carried unanimously.

RESOLUTION NO. 2907

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AMENDED BOUNDARY MAP AND ESTABLISHING THE CITY OF BRENTWOOD COMMUNITY FACILITIES DISTRICT NO. 3, AND PROVIDING FOR THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN PUBLIC FACILITIES AND SERVICES IN AND FOR SUCH COMMUNITY FACILITIES DISTRICT AND CALLING A SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS WITHIN SUCH COMMUNITY FACILITIES DISTRICT THE QUESTION OF LEVYING SUCH SPECIAL TAX AND ESTABLISHING AN APPROPRIATIONS LIMIT FOR SUCH COMMUNITY FACILITIES DISTRICT
It was moved/seconded by Swisher/Hill to waive full reading of Resolution No. 2907 and approve as recommended by staff. Motion passed by the following vote:

AYES: Beckstrand, Gutierrez, Hill Petrovich, Mayor Swisher
NOES: None
ABSENT: None
ABSTAIN: None

RESOLUTION NO. 2908

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DEEMING IT NECESSARY TO INCUR A BONDED INDEBTEDNESS TO FINANCE THE ACQUISITION AND CONSTRUCTION OF CERTAIN PUBLIC FACILITIES IN AND FOR THE CITY OF BRENTWOOD COMMUNITY FACILITIES DISTRICT NO. 3, AND CALLING A SPECIAL ELECTION THEREIN TO SUBMIT TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT THE PROPOSITION OF INCURRING SUCH BONDED INDEBTEDNESS
It was moved/seconded by Swisher/Hill to waive full reading of Resolution No. 2908 and approve as recommended by staff. Motion passed by the following vote:

AYES: Beckstrand, Gutierrez, Hill Petrovich, Mayor Swisher
NOES: None
ABSENT: None
ABSTAIN: None


RESOLUTION NO. 2909

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DETERMINING THE RESULTS OF THE SPECIAL MAILED-BALLOT ELECTION HELD IN ITS COMMUNITY FACILITIES DISTRICT NO. 3, ON JUNE 24, 2003
It was moved/seconded by Swisher/Hill to waive full reading of Resolution No. 2909 and approve as recommended by staff. Motion passed by the following vote:

AYES: Beckstrand, Gutierrez, Hill Petrovich, Mayor Swisher
NOES: None
ABSENT: None
ABSTAIN: None

ORDINANCE NO. 750

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD LEVYING A SPECIAL TAX FOR THE FISCAL YEAR 2003-2004 AND FOLLOWING FISCAL YEARS SOLELY WITHIN AND RELATING TO THE CITY OF BRENTWOOD COMMUNITY FACILITIES DISTRICT NO. 3

It was moved/seconded by Swisher/Hill to waive first reading of Ordinance No. 750. Motion passed by the following vote:

AYES: Councilmembers Beckstrand, Gutierrez, Hill, Petrovich, Mayor Swisher
NOES: None
ABSENT: None
ABSTAIN: None

17. Approved Resolution No. 2910 confirming the existence of a public nuisance by keeping noxious weeds, creating a potential fire hazard, and authorizing staff to contract for abatement of parcels in non-compliance.

Code Enforcement Officer, Bernice Arteaga, explained about bringing properties into compliance

Council Member Beckstrand asked if a certain property was owned by William Lyons.

Ms. Arteaga said that the property was owned by Cushman Capital Corporation.

Mayor Swisher opened the public hearing.

It was moved/seconded by Hill/Beckstrand to close the public hearing. Motion carried unanimously.

RESOLUTION NO. 2910

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD CONFIRMING EXISTENCE OF A PUBLIC NUISANCE BY REASON OF KEEPING NOXIOUS WEEDS AND/OR COMBUSTIBLE DEBRIS, THEREFORE CREATING A POTENTIAL FIRE HAZARD ON VARIOUS PROPERTIES THROUGHOUT THE CITY AND AUTHORIZING STAFF TO CONTRACT FOR THE ABATEMENT OF THOSE PARCELS.

It was moved/seconded by Petrovich/Hill to waive full reading of Resolution No. 2910 and approve as recommended by staff. Motion passed by the following vote:

AYES: Beckstrand, Gutierrez, Hill Petrovich, Mayor Swisher
NOES: None
ABSENT: None
ABSTAIN: None

18. Introduced and waived first reading of Ordinance No. 751 adding Chapter 15.04, Section 150 to the City of Brentwood Municipal Code titled, “Section 904.2.1 of the Uniform Building Code amended”, requiring an automatic fire-extinguishing system on all commercial and industrial occupancies over 500 square feet in floor area.

Chief Building Official, Randy Kidwell, noted that he had met with a local commercial building official, the fire district and an automatic sprinkler installer to discuss the size of what could keeping costs down and it was decided that buildings less than 500 square feet were too small to sprinkle and to stay within national standards and not make modifications in order to keep the costs down.

Mayor Swisher opened the public hearing.

It was moved/seconded by Hill/Beckstrand to close the public hearing. Motion carried unanimously.

ORDINANCE NO. 751
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADDING CHAPTER 15.04 SECTION 150 OF THE CITY OF BRENTWOOD MUNICIPAL CODE TITLED, “SECTION 904.2.1 OF THE UNIFORM BUILDING CODE AMENDED”, REQUIRING AN AUTOMATIC FIRE-EXTINGUISHING SYSTEM ON ALL COMMERCIAL AND INDUSTRIAL OCCUPANCIES OVER 500 SQUARE FEET IN FLOOR AREA.

It was moved/seconded by Hill/Gutierrez to waive first reading of Ordinance No. 751 and approve as recommended by staff. Motion passed by the following vote:

AYES: Council Members Beckstrand, Gutierrez, Hill, Petrovich, Mayor Swisher
NOES: None
ABSENT: None
ABSTAIN: None

19. Introduced and waived first reading of Ordinance No. 752 adding Chapter 8.40 Titled Construction and Demolition Debris Recycling, to Title 8 Health & Safety of the Brentwood Municipal Code.

Solid Waste Manager, Jon Carlson, provided a history on AB 8939, adopted by the State in 1989, which directed counties and cities to reduce the amount of waste in landfills by 50 percent by the year 2000. The City’s recycling figures were still not at the 50 percent range due to the rapid growth rate and the substantial amount of construction debris that was generated. The City had implemented nearly every program and needed stronger requirements to divert the materials to the landfills to comply with AB 8929. The contractor would tell the City what type of project they were building, how and where the material would be diverted to and would need to show receipts. It makes it simple for the contractor to comply with and the builder would need to show receipts.

Manager Carlson said that the ordinance was reviewed by home builders association and the State reviewed SB 1374 and by 2004 would implement the mandate recycling ordinance if the City did not implement one on their own.

Receipts of the types of materials used would be kept, provided at the end of the project and added up to see if it was 50 percent of the project total.

Council Member Hill asked if there was a reduced rate in any particular area and Manager Carlson responded that there were people that would take the materials to a landfill. There was a reduced rate for greenery and the landfill had a program for recycling materials.

Mayor Swisher opened the public hearing.

Jim Moenta said he would like to see an implementation of the ordinance and use crushed concrete since it was a lower cost material. Some concrete could be recycled or agribased and he would prefer to use it.

Mayor Swisher said that he could not and that it would be coming to Council in the future for discussion.

It was moved/seconded by Hill/Petrovich to close the public hearing. Motion carried unanimously.

It was moved/seconded by Hill/Beckstrand to continue the consideration of the ordinance to July 22, 2003. Council Member Petrovich voted no. Motion carried.

OLD BUSINESS

20. Council review of Code Requirements and city policy concerning water softeners.

Chief Building Official, Randy Kidwell, explained the different types of water softeners that were currently available and said that the City dictated the size and the cost of the water softener. As a result of the hard water in the City, builders were required to build water softener connections into new homes. The City had been targeted by the District Attorney and requested to review the water softener requirements, which had triggered present enforcement requirements and directed size, quality and cost of water softeners. The controversy was the flow rate and the bigger that the water softener was the more money it cost and it would be about $1,200 to $3,600 for acceptable water flow and salt requirements must also be met.

Building Official Kidwell said that the first alternative was to continue to use the State adopted Code. The second alternative was to require that water softeners be installed in new homes. Putting water softeners in all homes and would put too much salt into the sewage treatment plant and the environment and would not be a good thing and be an added cost to the homeowner. The third alternative was to continue to issue permits and ignore flow requirements.

Council Member Petrovich asked how many permits issued were issued and Building Official Kidwell responded that there were 10 to 30 per month. Most of the time it was the water softener companies such as Ecowater, Kinectko and Culligan that were taking out the permits.

Mayor Swisher asked to make the public aware of their options.

Council Member Hill said that the code on the books should be followed.

Building Official Kidwell said that an article could be placed in the next newspaper regarding water softeners.

The City Council recessed at 8:40 p.m. for a short break and reconvened at 8:46 p.m. with all Council Members present.

NEW BUSINESS

21. Discuss City procedure regarding the use of real estate brokers for transactions of the lease or purchase of City and Agency owned real property.

Director of Economic Development, Howard Sword, stated that transactions regarding the acquisition or disposition of City or Agency owned property were typically administered by staff without the assistance of a real estate broker or agent. The Business Tech Center rents full-service offices to the businesses and there was a finders-fee for was offered to real estate agents when rental activity was slow. A finder’s fee had been paid on one occasion and may be paid again if perspective tenants materialize and the finders fee was discontinued when the when the rental market improved.

The City was in the process of reviewing proposals for the purchase of property in Sunset Industrial Complex. The proposals would be evaluated on criteria and fiscal benefits to the City and a fixed price established for a successful proposal and it did not seem appropriate to have the use of real estate brokers and were used case on a case by case basis. The fiscal impact to the City using brokers would increase the cost of the real property transaction if used.

Chris Mosser, Real Estate Broker, said that this was about larger local city government versus private enterprise and first it was an additional cost to the City and second, commissions were market based. He said he felt that hiring a broker to list a property would be a reduction to the City and save the City money. Sunset Industrial Complex and the Tech Center had very nice marketing brochures, flyers strategies, leases had been drafted and approved and managed and he had designed websites, prepared and qualified tenants and closed transactions. These were some of the transactions that City employees had done and they were on salary. He provided examples of what City staff did for City deals and said that they received money whether the property sold or not and City had benefits and retirement. A broker does all that for free and does not require anything for any of the items. The first month’s rent would easily cover the broker’s fee and money would happen at the end and there was not cash outflow to the City and then there was not outgoing cost like having a City employee. Once the building was sold, there was no ongoing cost and the broker was gone away. Market driven commercial real estate brokers should be paid on both sides of the transactions. The general plan goal was to raise the jobs to housing balance. He said he felt that it was the job of a real estate broker to bring jobs and sales tax revenue and that it was taking away the purchasers right to be represented. He asked council to look at current policies and offer commissions to brokers.

Council Member Petrovich pointed out that professionals represented buyers and when the need was there, the City used them.

Council Member Hill said that the nature of a real estate agent was to qualify the buyer and see that the seller would keep the contract. It was a common relationship and nothing was implied that the buyers interest be protected on their own. The market would dictate when professional services were needed by the City or Agency.

Council Member Beckstrand suggested bringing in assistance when necessary since the City was on a budget and should not pay out more than it should have to.

CITIZEN COMMENTS

Shawn Stange said that the Chairperson for BANC committee had a request by one member asking to continue service on the committee. He asked to allow for the term to be three years and that Council amend the by-laws to extend terms.

Council Member Gutierrez said that a previous member could not reapply.

Council Member Petrovich noted that the by-laws would need to be amended.

City Attorney, Dennis Beougher, said that the subject would be brought back at the next meeting.

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS – None.

REQUESTS FOR FUTURE AGENDA ITEMS – None.

It was moved/seconded by Swisher/Gutierrez to adjourn the meeting.

There being no further business the meeting was adjourned at 9:03 p.m.

Respectfully Submitted,



Cynthia Garcia
Assistant City Clerk

 

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