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CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, 7:00 P.M.
JANUARY 8, 2008
COUNCIL CHAMBER

Chris Becnel Robert Taylor, Mayor Brandon Richey
Robert A. Brockman Erick Stonebarger

CALL TO ORDER CITY COUNCIL/REDEVELOPMENT AGENCY (07:00 PM)

PLEDGE OF ALLEGIANCE – Brownie Troop 406 from Garin Elementary (total of 11 Brownie Scouts) (07:00 PM)

INVOCATION - Jerry Hanoum, Mountain View Christian Center (07:02 PM)

ROLL CALL (07:07 PM)
Present: Becnel; Brockman; Richey; Stonebarger; Taylor

PRESENTATIONS (07:08 PM)

A. Recognition of the ten Brentwood Arts Commission/Brentwood Library 2007 Poetry Contest Winners (C. Bronzan/P. Scherff)

Director of Park and Recreation, Craig Bronzan, introduced Ron Beatty, Arts Society.

Mr. Beatty said five public art critters had been installed in the Veterans Park and a poetry contest was conducted in the summer in honor of the critters. The ten winners present were Megan Woodward, coyote; Damien Rodriguez, duck; Jayme Tachella, an egret as always; Marina Parla, the kit fox, Sidney Bednarz, raccoon; Cesar Rodriguez, coyote in a bog; Kiersten Turner, kit fox; Adrian Saff, the egret; Diamond Dorris, raccoon; Emily Lange, momma duck.

Director of Parks and Recreation, Craig Bronzan, said the ten winning poems were proposed to be cast in metal and affixed to the stone of the appropriate animal sculpture at Veterans Parks by June 2008.

B. Winner’s of the 2007 City of Brentwood Core Value Awards and acknowledgement of the past Core Value Winner’s from 2003-2006. (K. Chew/P. Scherff)

Mayor Taylor and City Manager, Donna Landeros, presented the 2007 City of Brentwood Core Value Award winners to the following employees: Lori Sanders, Integrity; Sal DiMercurio, Passion; Brian Kelleher, Accountability; Joe Ruzon, Respect; and Christie Pollock, Quality. The past Core Value Award winners from 2003-2006 were awarded to the following employees: 2006 - Debra Galey, Accountability; Mary Jean Holden, Respect; 2005 - Denise Davies, Integrity; Yun Cho, Accountability; Lisa Williams, Respect; 2004 - Gina Rozenski, Accountability; Diane Williams, Respect; Paul Eldredge, Quality; and 2003 - Winston Rhodes, Passion; Donna Thomas, Respect and Ralph Prado, Quality.

C. New Employee Introductions

Police Chief, Mark Evenson, introduced new Police Officer, Kurt Deacon.

Mayor Taylor Administered the Oath of Allegiance to new employee, Kurt Deacon.

PUBLIC COMMENTS (07:27 PM)

Randy Mass spoke regarding the City Council meeting held November 13, 2007, Items 38A and 38B and both Variances passed, which he was not in favor of. He had sent correspondence on December 12, 2007, to the Planning Department, requesting that he be provided with an explanation as to why the application for appeal was processed and had lacked the signature of the homeowner. He received a reply from the City Clerk stating a search had been made in the City files no records responsive to his request had been located. He felt the Planning Department had violated the Municipal Code by accepting and processing the application since the homeowner's signature was required. He asked why documentation could not be found. He had sent a letter on December 12, 2007, to the Building Department requesting a letter that the pool and spa had been inspected and met all state and local codes. He received a letter from the City Clerk that said a search had been made of the files and no records responsive to the request had been located. He contacted the Chief Building Official who referred him to view the video on line. He felt the testimony of the Chief Building Official was not factual and asked Council to investigate and take action.

CONSENT CALENDAR (07:33 PM)

1. PULLED FOR DISCUSSION - Approve minutes of the City Council/Redevelopment Agency meeting of December 11, 2007. (M. Wimberly)

2. Approved ten poetry contest winner poems to be engraved on bronze plaques and installed for Veterans Park Public Art CIP Project, No. 352-52350 and amending the CIP Budget Sheet in the amount of $9,650 for the Veterans Park Public Art CIP Project, No. 352-52350. (C. Bronzan/P. Scherff)

3. Accepted the resignation of Cameron Sessions from the Brentwood Advisory Neighborhood Committee (BANC). (P. Scherff/B. Gary)

4. PULLED FOR DISCUSSION - Approve the following appointments to the Arts Commission: Greg Ruiz, Juan Castillo, and Wanda Groseclose for a two-year term, ending December 31, 2009, and Karen Halbe and Patrick McCarran for a one-year term, ending December 31, 2008. (Mayor Taylor/Council Member Stonebarger/C. Bronzan)

5. Approved the appointments of Jim Cushing and Julie Gildersleeve to the Planning Commission for two year terms expiring December 31, 2009. (C. Becnel/B. Brockman)

6. Adopted Resolution 2008-1 approving an additional Fee Waiver and/or Fee Reduction/Donation request from Delta Community Services, Inc. for $120.65 for fiscal year 2007/08 for Hi-Cap Insurance Counseling to provide an additional hour of service per month (P. Scherff/M. Kaiser)

7. Adopted Resolution 2008-2 approving and authorizing participation in the 2008 Regional High-Efficiency Clothes Washer Rebate Program in collaboration with other water agencies and Pacific Gas and Electric Company in the amount of $34,725, 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/ C. Ehlers/ D. Williford)

8. Adopted Resolution 2008-3 adopting the Contra Costa County Measure L Voter-Approved Urban Limit Line as the City of Brentwood’s Urban Limit Line for the purposes of compliance with Measure J. (H. Sword/C. McCann)

9. PULLED FOR DISCUSSION - Adopt a Resolution accepting the Fourth Annual Residential Growth Management Program (RGMP) Allocation Recommendation as submitted by the RGMP Allocation Recommendation Committee for calendar year 2008. (P. Ehler/B. Kelleher)

10. Adopted Resolution 2008-4 accepting all off-site public improvements for maintenance; accepting the Maintenance Bond; and releasing the Improvement Securities for Design Review No. 05-21, developed by R. Brothers Concrete Inc., located in the Sunset Industrial Complex. (B. Grewal/D. Galey)

Vice Mayor Brockman abstained due to property ownership adjacent to Item 10.

11. Adopted Resolution 2008-5 accepting the public improvements for maintenance; accepting the Maintenance Bond; and releasing the Improvement Securities for Subdivision No. 8486, constructed by KB Home, located south of Balfour Road and west of Concord Avenue. (B. Grewal/D. Galey)

12. Adopted Resolution 2008-6 authorizing the City Engineer to reduce and release security furnished per the Subdivision Map Act (CA Government Code §66410-66499.58) to guarantee performance of various agreements and acts of work. (B. Grewal/D. Galey)

13. CONTINUED - Adopt a Resolution approving and authorizing the City Manager or designee to execute a Deferred Improvement Agreement between Leon W. Harman, Trustee of the Leon W. Harman Family Trust and the City of Brentwood for Conditional Use Permit No. 88-10, located at 7810 Brentwood Boulevard. (B. Grewal/H. Silfies)

14. Adopted Resolution 2008-7 approving and authorizing the City Manager or designee to execute a Performance of Work Contract with Western Pacific Signal, LLC, in an amount not to exceed $5,355.75, plus a 10% contingency of $535.58, for a total amount of $5,891.33, for interconnecting Sand Creek Road traffic signals, as part of the Citywide Traffic Signal Interconnect Program, CIP Project No. 336-31500. (B. Grewal/S. Kersevan)

15. Adopt Resolution 2008-8 approving and authorizing the City Manager to execute Purchase Orders, Change Orders and/or Agreements with specified vendors, after approval as to form by the City Attorney, for the updated not-to-exceed dollar amounts listed on the attached Exhibit “A”. (P. Ehler/J. Malberg)

16. Waived second reading and adopted Ordinance No. 853 for a rezone (RZ 07-01) amending Chapter 9.36 of the Brentwood Municipal Code to allow consumption of alcoholic beverages in the public right-of-way and deleting Chapter 17.900 in its entirety and replacing it with a new Chapter 17.900 to establish development and operational standards for the review and approval of outdoor dining uses and merchandise displays in the public right-of-way. (H. Sword/J. Zilm)

17. Waived second reading and adopted Ordinance No. 854 for a Rezone (RZ 07-06) to modify the Planned Development No. 18 (PD-18) zoning designation for Subarea B to allow restaurant uses in up to 50% of the square footage of the center and tutoring for up to 20 students at one time as permitted uses along with other minor modifications to the text for the Shops at Country Club development located at the northwest corner of Balfour Road and West Country Club Drive (APN 019-120-037). (H. Sword/D. Hill)

18. Waived second reading and adopted Ordinance No. 855 to amend Chapter 9.50 of the Brentwood Municipal Code to permanently prohibit Medical Marijuana Dispensaries. (H. Sword/H. Kline)

Redevelopment Agency Consent Items:

19. Agency - Adopted Resolution RDA-135 approving and authorizing the execution of an Affordable Housing Grant Agreement by and between the Redevelopment Agency of the City of Brentwood and Habitat for Humanity East Bay and approving a grant in the amount of $14,017.51 to assist in the rehabilitation of one unit at 544 First Street, a duplex located in the Downtown Project Area. (H. Sword/G. Rozenski/D. Kwong)

20. Agency - Approved RDA Warrant list. (P. Ehler/L. Schelbert)


CONSENT CALENDAR ACTIONS (07:33 PM)

Motion: Approve Consent Calendar Items 2-3, 5-8, 10-12, 14-20 and continue Item 13 as recommended. Vice Mayor Brockman abstained on Item 10.
The City Clerk read the titles of Ordinances 853, 854 and 855.
Moved by Stonebarger, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

1. Approve minutes of the City Council/Redevelopment Agency meeting of December 11, 2007. (M. Wimberly)

Council Member Brockman pulled the minutes of December 11, 2007, for discussion.

Motion: Approve minutes of the City Council/Redevelopment Agency meeting of December 11, 2007.
Moved by Brockman, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

4. Approve the following appointments to the Arts Commission: Greg Ruiz, Juan Castillo, and Wanda Groseclose for a two-year term, ending December 31, 2009, and Karen Halbe and Patrick McCarran for a one-year term, ending December 31, 2008. (Mayor Taylor/Council Member Stonebarger/C. Bronzan)

Mayor Taylor and Director of Parks and Recreation, Craig Bronzan, introduced the Arts Commissioners Greg Ruiz, Juan Castillo, Wanda Groseclose, Karen Halbe and Patrick McCarran. The first meeting would be held Wednesday, January 16, 2008, at 7:00 p.m. in the Council Chamber.

Motion: Approve the following appointments to the Arts Commission: Greg Ruiz, Juan Castillo, and Wanda Groseclose for a two-year term, ending December 31, 2009, and Karen Halbe and Patrick McCarran for a one-year term, ending December 31, 2008.
Moved by Taylor, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

9. Adopt a Resolution accepting the Fourth Annual Residential Growth Management Program (RGMP) Allocation Recommendation as submitted by the RGMP Allocation Recommendation Committee for calendar year 2008. (P. Ehler/B. Kelleher)

Council Member Richey asked why the number of the allotments for the RGMP would be raised given the increased number in foreclosures and vacancies.

Director of Finance and Information Systems, Pam Ehler, said the allotment projections had been taken from the original policy and alternate B.

Council Member Richey asked how old that was.

Director of Public Works/City Engineer, Bailey Grewal, said it was from 2004/2005.

Council Member Richey said if the 500 allotments were to go through this year, what was the approximate number of developments approved that had not started construction.

Director of Community Development, Howard Sword, said he believed the City had about 4,000.

Council Member Richey asked how commercial development impacted the RGMP allotment.

Director of Public Works/City Engineer, Bailey Grewal, said commercial development did not have an impact on the RGMP.

Council Member Richey asked if the housing slowdown would affect commercial development.

Director of Community Development, Howard Sword, said there was a relationship between the housing market and the commercial developers.

Council Member Richey said there were 4,000 homes that were to be built, and potentially another 500 would be allocated in 2008.

Director of Finance and Information Systems, Pam Ehler, said that was the potential that Council was considering.

Council Member Richey said he was concerned with raising the number given the vacancy and foreclosure rates and the existing stock in the City.

Director of Community Development, Howard Sword, said it would be consistent with what was originally adopted. The message to the commercial community was that the City was open to residential growth and until there was a reduction of the units on the foresale market, there would be little new product built. Staff expected applications for fewer than 100 allocations this year.

Council Member Richey said he was concerned with selling out on the RGMP allotment in order to send a message to commercial development, which was a high number of houses for allotment this year. He was not convinced that the number would guarantee commercial development. The increased supply would decrease the demand of property in the City.

Director of Finance and Information Systems, Pam Ehler, said the number could be addressed.

Council Member Brockman said the RGMP had been functional in reducing the number of housing that was built. He did not have a problem adjusting the number back to 450 and there was no one applying right now and it was just an allocation.

Council Member Brockman said the City was under what was allocated last year.

Director of Finance and Information Systems said last year, there were 154 allotments and 189 allotments for the previous year.

Council Member Becnel said when the allotment limit was approved it was at 400 or 500 so the allotments were not being raised. The City was authorizing the amount of allocations should an application be filed, which it had not. The RGMP had been created to limit the number of allocations and to affect the amenities the developers brought to the City during a time period when there was rapid growth. The City had needed to get a handle on regulating the growth so there was not construction in every area of the City. There had been a relationship with housing bringing commercial development and the market was different now. If the City were to allocate 500 units this year, it would have nothing to do with the number of building permits that could be issued by the City. Allocations did not matter since the City was not pushing the upper limit of the RGMP allocations. The amount of allocations was not being increased and was the same amount that was brought back when it was instituted. It was an authorization for the amount to be processed.

Council Member Richey looked at the allocations as an increase. It was not an increase from the original RGMP document of 2004, and was an increase at what had been done historically given market conditions. He felt it presented the wrong message to the development community and the community that the City would be willing to allow this type of potential residential expansion given the market and foreclosures. He felt it was inappropriate to go with the 500 unit limit.

Council Member Stonebarger said the number of allotments was not as much of an issue as the quality of developments approved that made up the number of units. He was alright with adjusting the number and was more concerned about quality of developments when applications came in.

A discussion ensued among Council Members and staff.

Council Member Becnel asked to defer action on the item and to look into the potential effects.

Director of Community Development, Howard Sword, requested that staff review the points discussed and return to Council with a report in February.

Motion: Continue Item 9 to a future meeting after staff reviews the RGMP number and return to Council with the impacts of lowering the number of units - Adopt a Resolution accepting the Fourth Annual Residential Growth Management Program (RGMP) Allocation Recommendation as submitted by the RGMP Allocation Recommendation Committee for calendar year 2008.
Moved by Richey, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

PUBLIC HEARING ITEMS: (08:07 PM)

21. Consideration of Resolutions completing Annexation #1 to City of Brentwood Community Facilities District No. 5. (B. Grewal/D. Galey)

Public Works/Engineering Management Analyst, Debra Galey, presented a staff report and said CFD 5 would provide funding for police and public protection services and facilities, acquisition and maintenance of joint-use facilities, pavement management, acquisition and maintenance of flood and storm drainage facilities, utility undergrounding, and funding for downtown civic core projects. Each property owner within the proposed annexation area, had been mailed a ballot and consent and waiver form explaining the district and providing the opportunity to cast their vote. Balloting results will be tabulated at the close of the public hearing. Annexation of the additional territory represented three current development projects consisting of 175 residential lots and one non-residential acre and would provide annual revenue of approximately $245,000 for the authorized facilities and services.

Mayor Taylor opened the public hearing.

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

Vice Mayor Brockman requested that any additional ballots from the public be submitted.

Motion: Adopt Resolution 2008-9 of the City Council of the City of Brentwood determining to annex territory to Community Facilities District No. 5, City of Brentwood, County of Contra Costa, State of California, and calling a special election to submit to the landowners in the territory proposed for annexation to the Community facilities District the question of such annexation.
Moved by Becnel, seconded by Brockman.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

Public Works/Engineer Management Analyst, Debra Galey, announced the results of the election and stated all ballots had been returned and there was 100 percent yes votes.

Motion: Adopt Resolution 2008-10 of the City Council of the City of Brentwood determining the results of the special election to annex the territory to Community Facilities District No. 5, City of Brentwood, County of Contra Costa, State of California.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, SUBCOMMITTEES, AND LIAISONS (08:12 PM)

Mayor Taylor requested staff return to Council with a report regarding committee, subcommittee and ad hoc committee assignments.

City Manager, Donna Landeros, said the item would be placed on the next Council agenda as a regular action item should Council Members wish to change appointments.

Vice Mayor Brockman reported that Mayor Taylor had been appointed as Vice Chair of the Contra Costa Mayor's Conference and he offered congratulations.

Mayor Taylor reported on his attendance at the Mayor’s Conference in Oakley. He reported Contra Costa County Supervisor Glover was the new County Chair.

REQUEST FOR FUTURE AGENDA ITEMS (08:16 PM)

Council Member Richey asked for the next Council meeting, to look at taking a position on the peripheral canal and the wide range impacts of environment and water quality.

Mayor Taylor asked the Finance Department to look at significant factors that affect the budget and what could affect the City in the future.

ADJOURNMENT (08:19 PM)
Motion: Adjourn
Moved by Richey, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

Respectfully submitted,

Cynthia Garcia, CMC
Assistant City Clerk
 
City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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