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ITEM 1

CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, JULY 24, 2007
COUNCIL CHAMBER, 7:00 P.M.

CALL TO ORDER (6:00 PM)

Roll Call
Present: Becnel; Brockman; Stonebarger; Taylor
Absent: Richey

PUBLIC COMMENTS – None (6:01 PM)

ADJOURN TO CLOSED SESSION – 150 City Park Way, City Hall Conference Room, Brentwood, CA 94513 (6:01 PM)

Motion: Adjourn to Closed Session.
Moved by Taylor, seconded by Stonebarger
Vote: 4 – 0
Yes: Becnel, Brockman, Stonebarger, Taylor
Absent: Richey

At 6:08 PM, Council Member Richey joined the City Council Members in Closed Session at 150 City Park Way, City Hall Conference Room, Brentwood, CA 94513

1. City Council Closed Session pursuant to Government Code Section 54956.9(a): CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION. Name of case: Recontrust Company, N.A., v. All Claimants to Surplus Funds After Trustee Sale on Real Property Located at 539 Coconut Street, Brentwood, California 94513, Including But Not Limited to Drina M. Henry; City of Brentwood and Does 1 through 20, inclusive

2. Redevelopment Agency Closed Session pursuant to Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION. Case Names: Two Potential Cases.

RECESS CITY COUNCIL/REDEVELOPMENT AGENCY (6:48 PM)

Motion: Recess City Council/Redevelopment Agency.
Moved by Becnel, seconded by Brockman
Vote: 5 – 0
Yes: Becnel, Brockman, Richey, Stonebarger, Taylor

RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY (7:00 PM)

PLEDGE OF ALLEGIANCE (7:00 PM)

INVOCATION – Jerry Hanoum, Mountain View Christian Center (7:01 PM)

Roll call
Present: Becnel, Brockman, Richey, Stonebarger, Taylor

REPORT ON CLOSED SESSION (If any) – None (7:04 PM)


PRESENTATIONS - (7:05 PM)

A. Recognition of Kathy Frazier

Council Member Richey presented the proclamation recognizing Kathy Frazier for her work with the Diversity Committee.

Council moved to Presentation D

D. Proclamation in honor of Fire Engineer, Scott Desmond.

Mayor Taylor and City Council Members honored Fire Engineer, Scott Desmond, who lost his life in a heroic attempt to rescue two people from a burning home in San Pablo.

Council moved to Presentation B

B. Recognition of Individuals and Lifeguards from June 21, 2007, incident at the Aquatic Center (Mac Kaiser)

Mac Kaiser, Recreation Supervisor, coordinator of the aquatics program, spoke about a near drowning incident at the Aquatics Complex and the actions of those involved to save the life of a five year old child.

Mayor Taylor presented certificates recognizing the efforts of the following: Cathleen Johnson, Sara Snyder, Erica Baker, Michelle Dolhanyk, Mike Green, Mike Towns, and Ed Tirnetta.

The Carrera Family was present and Mr. Carrera said thank you for the quick action of the Brentwood Aquatic Park for rescuing and saving the life of his son and he thanked everyone that was there.

Mayor Taylor directed staff to set up a photo session with the Carrera family.

C. Recognition of Dennis Muzzy (7:25 PM)

Deputy Director of Public Works/Operations, Chris Ehlers, introduced Dennis Muzzy, City of Brentwood, Electrician.

Mayor Taylor presented a letter of commendation to Dennis Muzzy for assisting a City of Brentwood Police Officer in need of assistance.

Police Chief, Mark Evenson, presented a plaque to Dennis Muzzy on behalf of the Police Department in appreciation and recognition for assisting the Police Department in the apprehension of a violent offender on July 3, 2007.

PUBLIC COMMENTS – (7:30 PM)

Bill Putman announced that on behalf of Delta Community Services Board of Directors, a Country Western BBQ would be held on August 18, 2007, from 4:30 p.m. to 7:30 p.m. at the Community Center.

Arnold Camba spoke about a roundabout on Oak Street, at Lott Drive and Twain Way, and said he felt the roundabout needed to be fixed prior to the downtown development.

CONSENT CALENDAR (7:38 PM)

1. Approved minutes of the City Council/Redevelopment Agency meeting of June 26, 2007. (M. Wimberly)

2. Accepted the resignation request of Arts Commissioner, Annette Seabury. (C. Bronzan/R. Burr-Siegel)

3. Approved Parks and Recreation Department staff to complete the application for the Playful City USA program and authorize the Mayor, or mayoral appointee designated authority to represent the mayor in signature, to sign the completed application. (C. Bronzan/P. Scherff/B. Gary)

4. PULLED FOR DISCUSSION - Adopt a Resolution confirming names for new park facilities as recommended by the Parks and Recreation Commission. (C. Bronzan/K. De Silva/F. Errico)

5. Adopted Resolution 2007-155 approving and authorizing the City Manager or designee to execute Public Works purchase orders and/or agreements, after approval as to form by the City Attorney with the vendors and for the not-to-exceed dollar amounts detailed. (B. Grewal/ C. Ehlers)

6. Adopted Resolution 2007-156 approving and authorizing the City Manager to execute a Contract with the Highway 4 Bypass Authority for Law Enforcement services. (M. Evenson/T. Hansen)

7. Adopted Resolution 2007-157 the work performed by Antioch Paving Company, Inc., for Phase II - Downtown Parking Lot, CIP Project No. 337-37190, and direct the City Clerk to file the Notice of Completion with the County Recorder. (H. Sword/ R. Kidwell)

8. Adopted Resolution 2007-158 designating Mayor Robert Taylor as the voting delegate for the League of California Cities Annual Conference (K. Chew/M. Wimberly)

9. Adopted Resolution 2007-159 authorizing the cancellation of the November 27, 2007, and December 25, 2007, City Council meetings due to holidays. (K. Chew/M. Wimberly)

10. Adopted Resolution 2007-160 approving a classification description and salary range for Permit Services Specialist to support the implementation of the development and permit services One Stop Shop Permit Center (K. Chew/P. Standley)

11. PULLED FOR DISCUSSION - Adopt a Resolution approving and authorizing the Mayor to execute the Action Plan for Bicycle Friendly Communities. (B. Grewal/R. Craig)

12. Adopted Resolution 2007-161 accepting all off-site public improvements for maintenance and releasing the Improvement Securities for Design Review No. 04-16, developed by Thorpe Design, located in the Sunset Industrial Complex. (B. Grewal/D. Galey)

Council Member Brockman abstained on Item 12 due to a possible financial conflict since he owns adjacent property.

13. PULLED FOR SEPARATE ACTION - Adopt a Resolution determining assessments remaining unpaid in Randy Way Sewer Line Assessment District and adopt a Resolution authorizing issuance, sale and delivery of bonds in Randy Way Sewer Line Assessment District, approving the form of a Preliminary Official Statement and the form of a Bond Purchase Contract, and authorizing and directing related actions. (B. Grewal/D. Galey)

14. Adopted Resolution 2007-162 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)

15. Adopted Resolution 2007-163 amending the Investment Policy No. 10-4. (P. Ehler/L. Ybarra)

16. Adopted Resolution 2007-164 amending City Council/Administrative Policy No. 10-10 Policy and Procedures for City Information Systems and Communications. (P. Ehler/Y Cho)

17. Adopted Resolution 2007-165 approving and authorizing the City Manager to sign a Joint Powers Agreement among the Counties of Alameda and Contra Costa and Cities of the Counties Alameda and Contra Costa forming the East Bay Regional Communications System Authority. (M. Evenson/B. Strock)

18. Adopted Resolution 2007-166 approving and authorizing the City Manager to execute Police Department Purchase Orders and/or Agreements, after approval as to form by the City Attorney, with the vendors and for the not-to-exceed dollar amounts detailed. (M. Evenson/B. Strock)

19. Waived second reading and adopted Ordinance No. 844, levying a special tax relating to the City of Brentwood Community Facilities District No. 5. (B. Grewal/D. Galey)

20. Adopted Resolution 2007-167 approving and authorizing the City Manager or City Attorney as appropriate, to execute, Administration and Finance Department Purchase Orders and/or Agreements, after approval as to form by the City Attorney with vendors for the not to exceed dollar amounts detailed. (P. Ehler/B. Bridgen)

21. Adopted Resolution 2007-168 approving and authorizing the City Manager to execute Amendment No. 3 to the Agreement with Quattrocchi Kwok Architects for Phase I construction documents, bidding services construction administration of $40,000 and Phase II design development drawings and specifications for awarding a design-build contract, and construction documents through close-out of $180,000 including a 10% contingency of $22,000 for a total amount of $242,000 for the Senior Adult Education Center CIP Project No. 522-5228 and Aquatic Complex/Concession CIP Project No. 522-5230. (C. Bronzan/P. Scherff)

22. Adopted Resolution 2007-169 approving and authorizing the City Manager to execute Amendment No. 2 to the Agreement with RGM and Associates for construction management services increasing the current contract value from $138,248 to $425,499 including a 10% contingency of $42,549, for a total amount of $468,048 to reflect an updated fee schedule and name change of Recreation Facility/Concession/Parking Lot to Senior Adult Education Center CIP No. 522-5228 and Aquatic Complex/Concession, CIP Project No. 522-5230. (C. Bronzan/P. Scherff)

23. Adopted Resolution 2007-170 approving and authorizing the City Manager to execute, Purchase Orders and/or Agreements, after approval as to form by the City Attorney, for the not-to-exceed dollar amounts detailed. (C. Bronzan/K. De Silva)

CONSENT CALENDAR ACTIONS – (7:38 PM)

Motion: Approve Consent Calendar Items 1 through 23 as recommended, except for Items 4, 11, and 13. Council Member Brockman abstained on Item 12 due to a possible financial conflict since he owns adjacent property.
The City Clerk read the title of Ordinance No. 844.
Moved by Becnel, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

ITEMS PULLED FROM CONSENT CALENDAR (7:40 PM)

Item 4 Adopt a Resolution confirming names for new park facilities as recommended by the Parks and Recreation Commission. (C. Bronzan/K. De Silva/F. Errico)

Parks Landscape/Facilities Manager, Ken De Silva presented a staff report and said staff had looked for any historical significance related to the location of where the parks were placed, and parks were also named by their subdivision or street name if appropriate.

Motion: Adopt Resolution 2007-171 confirming names for new park facilities as recommended by the Parks and Recreation Commission.
Moved by Taylor, seconded by Stonbarger
Vote: Motion carried 5 – 0
Yes: Becnel, Brockman, Richey, Stonebarger, Taylor

Item 11 Adopt a Resolution approving and authorizing the Mayor to execute the Action Plan for Bicycle Friendly Communities. (B. Grewal/R. Craig)

Mayor Taylor and Council Member Brockman spoke about the bike trails in the City.

City Clerk, Margaret Wimberly, announced that the City had bicycle helmets available which could be picked up at the Police Department during regular business hours.

Motion: Adopt Resolution 2007-172 approving and authorizing the Mayor to execute the Action Plan for Bicycle Friendly Communities.
Moved by Taylor, seconded by Brockman
Vote: Motion carried 5 – 0
Yes: Becnel, Brockman, Richey, Stonebarger, Taylor

Item 13 Adopt a Resolution determining assessments remaining unpaid in Randy Way Sewer Line Assessment District and adopt a Resolution authorizing issuance, sale and delivery of bonds in Randy Way Sewer Line Assessment District, approving the form of a Preliminary Official Statement and the form of a Bond Purchase Contract, and authorizing and directing related actions. (B. Grewal/D. Galey)

Public Works/Engineering Management Analyst, Debra Galey, presented a staff report and said that a separate action was required when there was financing or borrowing money in excess of $100,000,.

Motion: Adopt Resolution 2007-173 determining assessments remaining unpaid in Randy Way Sewer Line Assessment District and adopt Resolution 2007-174 authorizing issuance, sale and delivery of bonds in Randy Way Sewer Line Assessment District, approving the form of a Preliminary Official Statement and the form of a Bond Purchase Contract, and authorizing and directing related actions.
Moved by Brockman, seconded by Stonebarger
Vote: Motion carried 5 – 0
Yes: Becnel, Brockman, Richey, Stonebarger, Taylor

PUBLIC HEARINGS (7:48 PM)

24. Consideration of a Resolution approving and forming the Lone Oak Road Benefit District No. 5, and authorizing the collection of funds for repayment to the Redevelopment Agency of the City of Brentwood for utility improvements previously constructed. (B. Grewal/P. Eldredge)
Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, presented a staff report and said the project was conditioned to conduct water and sewer improvements off site in the existing Lone Oak Road area, which consisted of Lone Oak Road, Lone Oak Court, Gracie Lane and Saddle Creek Court. Water and sewer facilities were installed and stubs were provided to the individual properties located along the roadways and he presented highlights of the benefit district.
Council Member Stonebarger asked what percentage of the land was not developed.
Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, said the portion encompassed by the benefit district, other than the existing structures, was approximately 80 percent.
Mayor Taylor opened the public hearing. (7:51 PM)
Ron Maselli said he felt by improving the roads, it allowed others to get through the roads easier and he felt it was unfair to have to pay when there were a lot of people who used the road.
Janet Aldridge said she owned property on Lone Oak Road and she had waited for water and sewer to be installed. She was surprised about having to pay and asked how the district worked, especially if the property lots were split.
Keith Schaefer said he had not heard about paying the fees back and spoke about the roads cracking around the corners. There had been a discussion about Gracie Lane remaining private and it had not been confirmed what type of maintenance was available and who would maintain the road.
Frank Lane said he had given an easement to get sewer and water and there was the issue of clean up. He had been working with building inspectors and asked for answers. Delta Excavation had left him with a mess.
George Clemmens said he had concerns about cracks in the pavement and the old road stuck out from the new road. He had been told there would only be a fee when hooking up to the sewer and he asked for assistance.
Sharon McClellan asked if she still had to pay the $17,000 if she did not want to hook up to the sewer and water and spoke about an issue with the road.
Motion: Close the public hearing.
Moved by Brockman, seconded by Becnel
Vote: Motion carried 5 – 0
Yes: Becnel, Brockman, Richey, Stonebarger, Taylor
Assistant Director of Public Works/Assistant City Engineer, Paul Eldredge, said there were two separate amounts, one for north $17,478.72 and one for south $16,808.30. He summarized the conditions for which the payment would be due and outlined the benefits and said the benefit district amount applied only if there was a new structure or the property was subdivided.
A question and answer period between Council Members and staff ensued.
Mayor Taylor asked staff to address the issue of informing the property owners.
Director of Public Works/City Engineer, Bailey Grewal, said there had been meetings with residents and the residents had asked why they would need to pay if they had an existing home. When existing homes made a connection to the improvements, they were not paying the benefit district fee and would not be required to pay the improvement costs. If a new subdivision or a lot was created, or if there was a vacant lot and the owner wanted to build a house, the owner would then pay the benefit district fair share. There were 43 existing homes that would not pay when they made a connection.
Mayor Taylor asked if there was a way for the affected residents to finance the repayment.
Director of Public Works/City Engineer, Bailey Grewal said there were some residents who chose to pay not just the fair share but the connection fees. When the benefit district was established, a resident could participate in an assessment district, if the City was creating one, or they could pay by check when recording the final map.
The Mayor asked that residents be made aware of available options and he asked about road repair.
Director of Public Works/City Engineer, Bailey Grewal, said staff would look into the road repair.
Council Member Stonebarger asked what the purpose of the 10-year benefit district expiration was.
Director of Public Works/City Engineer, Bailey Grewal, said from the financing side, the accounts were maintained for ten years. Ten years was a long enough time that most of the properties were developed.
Council Member Stonebarger said he had a difficult time with paying the fee upon the recordation of the subdivision map, versus at the permit stage.
Council Member Becnel said the agreement was the existing homeowners and property owners would not have to pay their share of the costs. The owner would only have to pay the cost of hooking up to the sewer and water line. With the agreement, if an owner would subdivide a property or add new structures to the property, the owner would need to pay their share of that line. If someone did not want to hook up to it, they were not required to hook up to it and would not need to pay the water and sewer fee. He felt there may be issues with regard to the road and that needed to be investigated.
Director of Public Works/City Engineer, Bailey Grewal, said staff would follow up on issues addressed by residents.
Council Member Brockman said if an owner wanted to change the property, and the owner received the benefit, it would need to be paid. There was a sunset clause, which meant that if an owner did not want to do anything with a property, the owner would not pay any more.

Motion: Adopt Resolution 2007-174 approving and forming the Lone Oak Road Water and Sewer Benefit District No. 5, and authorizing the collection of funds for repayment to the Redevelopment Agency of the City of Brentwood for utility improvements previously constructed.
Moved by Brockman, seconded by Becnel
Vote: Motion carried 4 – 1
Yes: Becnel, Brockman, Richey, Taylor
No: Stonebarger

25. Continued public hearing on an appeal filed by James Heilbronner of Architectural Dimensions of the Planning Commission’s denial of an amendment to a conditional use permit (CUP 05-27-A1) for a master sign program for Brentwood Junction. The Brentwood Junction retail center is located at the northeast corner of the intersection of Lone Tree Way and Empire Avenue. (H. Sword/D. Hill)
Associate Planner, Debbie Hill, presented a staff report and said the appellant had been in touch with staff since the appeal had been filed and discussed different design solutions that had not been reviewed by the Planning Commission. Staff recommended that Council take public comments, close the public hearing, and refer the Item back to the Planning Commission for evaluation of the alternative design solutions.
Mayor Taylor opened the public hearing.
Motion: Close the public hearing.
Moved by Brockman, seconded by Stonebarger
Vote: Motion carried 5 – 0
Yes: Becnel, Brockman, Richey, Stonebarger, Taylor

Motion: Adopted Resolution 2007-176 referring to the Planning Commission the issue raised by the appeal filed by James Heilbronner of Architectural Dimensions of the Planning Commission’s denial of an amendment to a conditional use permit (CUP 05-27-A1) for a master sign program (CUP 05-27) for Brentwood Junction.
Moved by Becnel, seconded by Brockman
Vote: Motion carried 5 – 0
Yes: Becnel, Brockman, Richey, Stonebarger, Taylor

OLD BUSINESS (8:25 PM)

26. Receive a verbal update on fire governance options for East Contra Costa Fire Protection District (ECCFPD) and provide direction to the Mayor and Vice Mayor. (D. Landeros)
City Manager, Donna Landeros, presented a staff report and explained the options presented by Supervisors Piepho and Glover at a recent meeting regarding fire governance. Options included a Fire Commission, an elected board of directors and an appointed board of directors, and she requested feedback and direction from Council regarding the governance models.
Council Member Brockman said there were inequities in pay schedules for firefighters in the area and the City needed a governance control. He spoke about the options being investigated and said it was possible for Council to have an appointed board of directors. The board of directors would represent the entities that had the most population and calls, and could take on the responsibilities of the district, understanding that the district had the power to control fees, ask for votes, or buy/sell property. There were concerns the County could take over the board. A rescinding of the district by the County Board of Supervisors could be avoided if a resolution was made with enough powers directed to the body. The City could do that as a first step within the next six months to a year. If Council looked at going with a board of directors, it could be placed on the ballot in 2008 or 2010. He asked how much it would cost to get a certain level of service within the district, dealing with a County area and two cities with equal representation of all, based upon population and calls. The appointed board of directors would need to determine the level of service and how to get to voters since a tax would be passed to obtain that level of service.
City Manager, Donna Landeros, said the Fire Commission could be un-appointed and dissolved at some point by the Board of Supervisors.
Council Member Brockman said he felt the districts should not be at large, and there should be individual representation based upon population.
City Manager, Donna Landeros, said the difference between the elected board and appointed board was whether Council wanted Council Members that serve the cities of Oakley and Brentwood, also serving on the appointed board of directors, or Council could want a completely autonomous fire district or separately elected directors for that. It could be a phased-in approach to start with the appointed board of directors which could not be rescinded by the Board of Supervisors. If there was a need for additional autonomy, an item could be placed before the voters to establish an autonomous fire district.
Council Member Brockman said this did not require a specific Local Agency Formation Commission (LAFCO) improvement and was done by resolution, which meant the funds were secured and the funds devoted to the area were not lost.
City Manager, Donna Landeros, said even if the City of Brentwood or the combined cities of Brentwood and Oakley tried to form their own fire department, whether or not the City’s share of the property taxes was retained, was in LAFCO’s hands. Since these were not considered boundary changes, they did not go to LAFCO and the current property tax was secured for the service.
Mayor Taylor said he did not want to see the County dissolve the board and he wanted to see elected officials representing the districts.
Council Stonebarger said a fire commission was unacceptable and he was in support of an appointed board of directors as long as it could not be rescinded.
Council Member Richey agreed as long as there was a provision about being based on population.
Council Member Becnel said it was not been about excluding the County from the governance and was in relation to population and demand. The cities of Brentwood and Oakley had previously provided 60 percent of the funds, without having any say in it, and having a fire board with three members who did not reside in the district. He believed going to the election process would not generate enough benefit in the short run as it would problems in terms of dealing with service levels and allocations. He was in support of the appointed board of directors with the provision that it could not be rescinded.
Council Member Brockman said it would require a tax to come up with the funds and there was the issue of administration.
Mayor Taylor asked for public comments.
Mayor Taylor announced the direction from Council was an irrevocable board of directors.
INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (8:49 PM)

Mayor Taylor spoke about Cornfest.

REQUEST FOR FUTURE AGENDA ITEMS: None (8:50 PM)

ADJOURNMENT (8:51 PM)

Motion: Adjourn in honor of Fire Captain, Matt Burton of Concord, and Fire Engineer, Scott Desmond of Brentwood.
Moved by Taylor, seconded by Richey
Vote: Motion carried 5 – 0
Yes: Becnel, Brockman, Richey, Stonebarger, Taylor

Respectfully submitted,

Cynthia Garcia, CMC
Assistant City Clerk
 

City Administration
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Brentwood, CA 94513
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