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ITEM 1

CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, AUGUST 14, 2007
COUNCIL CHAMBER, 7:00 P.M.

CALL TO ORFER CITY COUNCIL/REDEVELOPMENT AGENCY (07:01 PM)
PLEDGE OF ALLEGIANCE (07:01 PM)

INVOCATION - Elder Arthur Mijares, Mt. View Christian Center (07:01 PM)
Roll Call
Present: Becnel; Brockman; Richey; Stonebarger; Taylor

PRESENTATIONS (07:05 PM)

A. Proclamation recognizing the efforts of Tom Christ on behalf of the Police Department (M. Evenson/J. Martinez).

Police Chief, Mark Evenson, presented the proclamation to Eagle Scout, Tom Christ, who prepared care packs for children as part of his Eagle Scout project. The care packs consisted of items of necessity and comfort and would be delivered by the Brentwood Police Department to bring comfort to children and youth in the community in need.

Police Captain, James Martinez, said Tom Christ had prepared 50 backpacks for children of various ages and said the packs would be kept in the trunks of the Police cars and used when needed to assist youth in the community in their transition.

Eagle Scout, Tom Christ, showed the contents of the children’s packs and said he wanted to assist the children while waiting for their parents. He thanked those who had donated to the packs and thanked the Police Department for their cooperation.

B. New Employee Introductions (K. Chew)

Chief of Police, Mark Evenson, introduced new Police Officer, Timothy King.

Director of Parks and Recreation, Craig Bronzan, introduced Charles Brian Johnson, Landscape/Facilities Worker I.

Director of Finance and Information Systems, Pam Ehler, introduced Assistant Director of Finance and Information Systems, James Malberg.

Mayor Taylor administered the Oath of Allegiance to new employees.

PUBLIC COMMENTS (07:18 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. He said there would be a dance following the BBQ held at the Veteran’s Hall and encouraged those attending the BBQ to attend the dance.

Martin Elliott, American Legion, said the American Legion was working on a project to assist returning Veterans who are in need of assistance and the American Legion had been invited to do a Color Guard for the Freedom Ride on August 25, 2007, at 8:00 a.m. He invited Council Members to a dinner at the Veteran’s building on the second Wednesday of every month.

Ron Nunn read a letter he submitted regarding Liberty High School and authorizing him to fund a study by the Urban Land Institute. He proposed the School District and City co-sponsor the study to ensure both parties had adequate input into the planning and direction of the study. He felt the existing location of the current Liberty High School was not practical for current and future needs in the downtown and requested the City delay the new City Hall and place the proposed study on a future agenda.

Barbara Guise, Tri Delta Transit, said new bus line 201 would be instituted in the end of August. She encouraged looking into line 201, which provided stopping locations, including Kaiser in Martinez.

CONSENT CALENDAR (07:28 PM)

1. Approved minutes of the City Council/Redevelopment Agency meeting of July 24, 2007. (M. Wimberly)

2. PULLED FOR DISCUSSION - Adopt a Resolution approving the Public Art Design and Concept by Vickie Sowell for Public Art Elements at King Park for CIP Project No. 352-52404. (C. Bronzan/K. De Silva)

3. PULLED FOR DISCUSSION - Adopt a Resolution approving the Public Art Design and Concept by Dayton Claudio for public art element in the primary park in the Barrington Development, Standard Pacific Homes, Subdivision #8548. (C. Bronzan/K. De Silva)

4. PULLED FOR DISCUSSION - Adopt a Resolution approving the Public Art Design and Concept by Bryan Tedrick for public art element in the primary park in the Barrington Development, Subdivision #8548. (C. Bronzan/K. De Silva)

5. Adopted Resolution 2007-177 of the City Council of the City of Brentwood approving and authorizing the City Manager to Execute a Purchase Order for Contra Costa County Officials Inc, not to exceed $60,000. (P. Scherff/T. Burt)

6. Adopted Resolution 2007-178 approving and authorizing the City Manager to execute revised Funding Agreement PS0624 in the amount of $205,899 between the California Office of Traffic Safety (OTS) and the City of Brentwood for the Pedestrian and Bicycle Safety Program. (B. Grewal/K. Wahl)


7. PULLED FOR DISCUSSION - Adopt a Resolution approving and authorizing the Police Chief to sign an agreement with Contra Costa County Probation Department regarding a Community Probation Officer assigned to the Brentwood Police Department. (M. Evenson/B. Strock)

8. Adopted Resolution 2007-179 amending the 2007/08 - 2011/12 Capital Improvement Program for Downtown Parking Structures. (H. Sword/G. Rozenski)

9. Adopted Resolution 2007-180 approving and authorizing the City Manager or designee to execute Amendment No. One to the Professional Services Agreement with LPA, Inc., in the amount of $1,306, 368, plus a 10% contingency of $130,636.80 for a total of $1,437,004.80 to include the New Community Center (K. Chew / G. Leech)

10. Adopted Resolution 2007-181 approving Temporary Use Permit No. 07-11 to allow the Brentwood Arts Commission the use of City-owned property for the annual Art, Wine and Jazz Festival, located within City Park and affecting the closure of surrounding streets. (H. Sword/J. Strandberg)

11. Adopted Resolution 2007-182 accepting Improvements for Subdivision No. 8546, Sterling Preserve II, located south of Lone Tree Way and west of O’Hara Avenue, developed by Meritage Homes. (B. Grewal/D. Galey)

12. Adopted Resolution 2007-183 approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a construction contract and necessary documents for the Sellers Avenue Sewer Lift Station Expansion and Upgrade, CIP Project No. 592-59150, with Pacific Mechanical Corporation, in the amount of $613,700, plus a 10% contingency of $61,370, for a total amount of $675,070. (B. Grewal/P. Eldredge)

13. Adopted Resolution 2007-184 supporting legislation developed by the Contra Costa Transportation Authority to revise Senate Bill 1210, a bill that was passed in 2006, changing the legal process by which public agencies acquire properties by eminent domain. (B. Grewal/S. Kersevan)

14. Adopted Resolution 2007-185 of the City Council of the City of Brentwood adopting guidelines for the submission and tabulation of protests in connection with rate hearings conducted pursuant to Article XIIIX, Section 6 of the California Constitution. (P. Ehler/D. Davies/M. Huber)

CONSENT CALENDAR ACTIONS (07:29 PM)

Motion: Approve Consent Calendar Items 1 - 14 as recommended, except 2, 3, 4, and 7.
Moved by Brockman, seconded by Stonebarger.

Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

2. Adopt a Resolution approving the Public Art Design and Concept by Vickie Sowell for Public Art Elements at King Park for CIP Project No. 352-52404. (C. Bronzan/K. De Silva)

Director of Parks & Recreation, Craig Bronzan, introduced artist Vickie Sowell, who explained the concept of her art elements for King Park.

Motion: Adopt Resolution 2007-186 approving the Public Art Design and Concept by Vickie Sowell for Public Art Elements at King Park for CIP Project No. 352-52404.
Moved by Richey, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

3. Adopt a Resolution approving the Public Art Design and Concept by Dayton Claudio for public art element in the primary park in the Barrington Development, Standard Pacific Homes, Subdivision #8548. (C. Bronzan/K. De Silva)

Director of Parks & Recreation, Craig Bronzan, introduced artist Dayton Claudio, who spoke about his various art pieces in the Barrington Development, including the shade pavillion, stainless steel/glass rose arbor and sculptures at Sand Creek and Garin intersection.

Motion: Adopt a Resolution 2007-187 approving the Public Art Design and Concept by Dayton Claudio for public art element in the primary park in the Barrington Development, Standard Pacific Homes, Subdivision #8548.
Moved by Richey, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

4. Adopt a Resolution approving the Public Art Design and Concept by Bryan Tedrick for public art element in the primary park in the Barrington Development, Subdivision #8548. (C. Bronzan/K. De Silva)

Director of Parks and Recreation, Craig Bronzan, introduced artist, Bryan Tedrick, who said the proposed art piece, a balancing fish, would be near the detention basin in the Barrington Development, and would be made out of contributed agricultural remnants from local farmers.

Motion: Adopt Resolution 2007-188 approving the Public Art Design and Concept by Bryan Tedrick for public art element in the primary park in the Barrington Development, Subdivision #8548.
Moved by Richey, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

7. Adopt a Resolution approving and authorizing the Police Chief to sign an agreement with Contra Costa County Probation Department regarding a Community Probation Officer assigned to the Brentwood Police Department. (M. Evenson/B. Strock)

Police Chief, Mark Evenson, said the Police Department has had a community probation officer using office space in the building and the juvenile probation officer oversaw cases all over the County as well as the City. Having an officer physically in the Police Department building had enhanced communication and coordination with the officers. He recommneded allowing the Police Department to continue with the community probation officer relationship at the cost of office space.

Motion: Adopt Resolution 2007-189 approving and authorizing the Police Chief to sign an agreement with Contra Costa County Probation Department regarding a Community Probation Officer assigned to the Brentwood Police Department.
Moved by Taylor, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

NEW BUSINESS (07:41 PM)

15. Adopt a Resolution which: 1) Endorses the Civic Center Master Site Plan Concept, 2) Directs Staff to Pursue Basic LEED Certification as a minimum on the Civic Center Buildings and 3) Amends the Following Capital Improvement Projects to Accelerate the Project Timelines and Financing to Allow for the Construction of the Civic Center: City Park, Civic Center Plaza, the Library Relocation, New City Hall and the New Community Center. (K. Chew / G. Leech)

City Manager, Donna Landeros, said two workshops regarding the civic center concept had been held over the last six months. Jim Wirick and Rick Dematto, LPA, the City’s architects, would explain the four alternative site plans.

Rick Wirick, LPA, explained the four options for the site plan, which had been presented in the last workshop and were now being presented with a few minor modifications which were based on some of the comments from the workshops and staff input. He referred to the power point presentation and spoke about how different options would be built, and the differences between phasing, as well as sustainability and LEEDS certification.

Council Member Richey asked why Option 4 was not recommended.

Mr. Wirick said the drop off was on Second Street and could potentially cause traffic issues in Option 4.

Council Member Stonebarger asked about considerable cost benefits.

Rick Dematto, LPA, said by building in two phases, there would be a $250,000 to $300,000 increase and there would be no parking for eight months, which was reason for concern with Options 3 and 4.

Mayor Taylor requested public comments.

Susan Wallace said the plans had changed from the last meeting. The Liberty High School pool was walled off and she felt the City should have bought the pool and bus barn. She had spoken with the Superintendent of Schools and the Mayor and felt they should negotiate and asked to have a different decision made.

Ray Nebergall said the School District had talked about moving the bus barn and then the City and School District had stopped negotiating. He felt this was a mistake and talked about getting the high school out of downtown and using the property for housing or retail space. He had talked to the City about purchasing the old grammar school and placing city hall there. He believed the decision should be put off and a third party obtained to mediate between the City and School District on putting the city hall where the bus barn and tennis courts were located and asked for different options.

Ron Fugazzi, Library Commission, expressed concerns about traffic on Oak Street and felt Options 3 and 4 would create extra traffic by the Library and be unsafe for families.

Kit Carpenter felt it would be worthwhile to re-negotiate with the School District, although it may delay the project six months. There needed to be a more logical spot with more room for expansion. He suggested taking more time and reconsidering.

Roger Short felt Options 3 and 4 were not viable options and would cause traffic in the downtown area. Brentwood should be it’s own City, unlike any other, and the plan should not be rushed and the downtown should be a place where people want to come. The aesthetics needed to be worked on and the School Board and City should work together to relocate bus barn.

Mayor Taylor closed public comments.

Council Member Richey asked if there was one option that would be the most expandable if surrounding properties were to be acquired.

Jim Wirick, LPA, said all options had taken that into consideration. If the tennis courts were acquired, the community center could expand into the space. By maintaining the function of the city hall during construction, the area for potential expansion for the civic center complex into the bus barn area was wide. Expansion space had been built in to the year 2016.

Council Member Richey asked about library parking for Options 1 and 2.

Mr Wirick said street parking had been added and the plaza-type parking lot would accommodate the library.

Council Member Stonebarger about the size of city hall.

Mr. Wirick said expansion had been planned for within the city hall up to the year 2022, and there was built in expansion space and an overall 55,000 square feet.

Council Member Stonebarger asked if that was enough to support staff at buildout.

Director of Finance and Information Systems, Pam Ehler, said a space needs study had been conducted four years ago and last year when looking into the fiscal model, the space study was looked at again and confirmed what was needed for buildout.

Council Member Stonebarger asked what the effect would be if the urban limit line was changed in the future.

Director of Community Development, Howard Sword, said as the population grew, the two departments that would be most responsive to population growth would be the Police Department and the Operations Department of Public Works, which were both off site. There was plenty of room at the Police Department and the Corp Yard for expansion.

Council Member Becnel said the decision regarding a city hall had been going on since Barbara Guise had been on Council and the City had been negotiating with the School District for years. The School District indicated they needed more money than the City was willing to pay and he felt this was the right decision and he could not advise the City to spend $9 million for property that was not worth that amount. The best use of the bus barn property was not as a school, and that was not the City’s decision but the School District’s decision. The School District could do whatever analysis it needed to do to decide whether to move or sell any portion of the property and he understood the financial constraints of the School District. He was in support of Options 1 and 2 and felt the parking garage needed to recess to the back of the property. He was concerned that Option 2 showed flat surfaces and he asked the Council Chamber brought towards the park. He spoke about the Library, Library parking, and moving traffic away from Oak Street. He leaned towards Option 1 and with regard to LEEDS, he believed the City should do what it could for the environment but within reason and he wanted to know what it would cost the City.

Council Member Richey said a reasonable effort regarding the bus barn had been made by the City, although it was unsuccessful. He did not feel the City should revisit the issues and said it may not be the perfect plan and he was comfortable moving forward. Plans 3 - 4 were unrealistic and Options 1 - 2 were nice for now and the future.

Council Member Brockman said he liked Option 4 because of the expansion of the parking lot. Options 1 & 2 opened up the ability to expand to the school property. One day the bus barn would move and he did not object to the north and east side being looked at for future uses. He was concerned about the flatness of buildings in Option 2 and he liked Option 1 although he had concerns about the drop off area and believed there needed to be more short term parking. Option 1 had the ability to use the arcade style walkway. He spoke about the spirit of negotiations and said the City was being fiscally responsible with the funds available.

Council Member Stonebarger said the CIP final budget was based off of 500 units for the next year and asked if the large portion of the monies for the project was coming from developer fees.

Director of Finance and Information Systems, Pam Ehler, said another 800 units was required from the developers over the next five years and there were 57 units this year. Last fiscal year, the City did 404 units, the year before 978 and the year before was 1,500.

Council Member Stonebarger said he was concerned about the trend in permits and he asked if the City was still on track to be on line for funding with the amounts coming from permit fees.

Director of Finance and Information Systems, Pam Ehler, said there was no debt service coming from the general fund on the project and once all of the buildings were completed, there was no impact except for the new square footage and new usage. The fiscal model had been budgeted for $1.5 million just in case there was a need since development was slowing and the City had budgeted 200 to 250 units to get to buildout in a slow time period.

Council Member Stonebarger said there may be other opportunities available for the City with the School District. He believed the long term benefit to the City was to incorporate the school property into the city hall project. The School District may not have the means to be able to do that now and it may be 20-30 years out. The site had to be expandable to the north and the east and he was concerned about city hall square footage and the parking lot and community center being expandable and the City Park of only three acres. Options 3 and 4 were not for discussion and the difference between Options 1 - 2 was the drop off and he leaned towards Option 1.

Council Member Brockman spoke about the dropping of units and building permits and said it was not the market, but was put in place by previous Councils to restrict the number of units over a period of time.

Council Member Richey asked if Options 1 and 2 could be combined to create a better option.

Mr. Wirick, LPA, said as far as Options 1 and 2, Option 2 was far superior as far a circulation, traffic, drop off and parking. LPA was in the beginning stages of programming the city hall and a two-story facade would not be seen and there would be an arcade feature. He felt that Option 2 had a lot of the options Council had spoke about and had the mitigated traffic concerns, the drop off, and short term parking. The other scheme, Option 1, had the same attributes, but the short term parking was lost. Trying to incorporate the short term parking in Option 1 would lose park space. Option 2 also pulled the parking structure back, which left less to address aesthetically for the parking structure.

Mayor Taylor said he favored Option 2 because of traffic flow and safety and said liked the idea of green and agreed that the City needed to be economically feasible and fiscally responsible.

Mr. Wirick of LPA explained the differences between Options 1 and 2.

Council Member Stonebarger asked if the project was pushed off for six months, what costs would be associated with it and would there be any benefit or any type of decrease in construction costs.

Jim Wirick, LPA, said he believed there would be an increase in architectural engineering fees. LPA was primed with their consultants to begin tomorrow on all aspects of the schematic design and to stop them and start them again in six months would increase the architectural and engineering fees by five percent. He did not believe the City would see a significant benefit of construction costs dropping. The forecast seemed more flat than declining.

City Manager, Donna Landeros, said if the study took six months, then the delay could be several years.

Council Member Becnel was opposed to the delay issue. The School District property was not available at a price the City could afford. He was comfortable with the decision and part of the civic center financing plan was to improve and make the downtown area more attractive.

Council Member Stonebarger said he would continue to ask financial questions about the options before Council. Dealing with School District had been a long process and he wanted to explore every option.

Council Member Brockman said a determination could be made for changes if there was a cost involved and he asked for a blend of Options 1 and 2.

Mayor Taylor said he liked Option 2 and asked if Option 1 would be blended with Option 2.

Jim Wirick, LPA, said a lot of the concerns with Option 2 would be addressed when Council had seen the LPA studies.

Council Member Becnel said he was not locked into Option 1 and he felt there were a lot of things that could be done regarding concerns. He liked idea of the Council Chamber being more adjacent to the park and also saw the value of having the Council Chamber next to the plaza. He asked the architects to make it less boxy and said the public did not want to see flat surface buildings near the park.

Mayor Taylor felt Council needed to proceed with the item and he was not in favor of stopping and he wanted to start tomorrow morning.

Motion: Adopt Resolution 2007-190 which: 1) Endorses the Civic Center Master Site Plan Concept, Option 2, 2) Directs Staff to Pursue Basic LEED Certification as a minimum on the Civic Center Buildings and 3) Amends the Following Capital Improvement Projects to Accelerate the Project Timelines and Financing to Allow for the Construction of the Civic Center: City Park, Civic Center Plaza, the Library Relocation, New City Hall and the New Community Center.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (09:09 PM)

Council Member Brockman reported on his attendance at League of California Cities.

Mayor Taylor reported on his attendance at the League of California Cities.

REQUESTS FOR FUTURE AGENDA ITEMS - None (09:11 PM)

ADJOURNMENT (09:11 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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