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Current Council Agenda and Past Meeting Information

CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, 7:00 P.M.
NOVEMBER 18, 2008
COUNCIL CHAMBER

CALL TO ORDER CITY COUNCIL/REDEVELOPMENT AGENCY (6:00 PM)
Roll Call
Present: Becnel; Brockman; Richey; Taylor
Absent: Stonebarger

PUBLIC COMMENTS (6:01 PM) - None
At 6:02 p.m., Council Member Stonebarger joined the Council at the dais for Closed Session.

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

ADJOURN TO CLOSED SESSION - Community Development Conference Room - 118 Oak Street, Brentwood, CA 94513 (6:02 PM)
1. City Council/Redevelopment Agency Closed Session Pursuant to Government Code Section 54956.8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Gov’t. Code §54956.8]

Property: 720 First Street (APN 013-080-012)
Midway Alley between Maple Street and Oak Street
All property bordered by Second Street, Oak Street, Midway
Alley, and Maple Street EXCEPT 210 Maple Street (013-080-020):
737, 741, 751 Second Street (013-080-023)
735 Second Street (013-080-022)
733 Second Street (013-080-004)
739 Second Street (013-080-005)
715 Second Street (013-080-006)
205 Oak Street (013-080-007)
217 – 221 Oak Street (013-080-008)

Negotiating Parties: Bank of America; Steven Hendrickson;
E.F. Gill Trust; Garrett Thomas Gill

Agency/City Negotiators: Casey McCann; Gina Rozenski

Under Negotiation: Price and terms of payment

RECESS CITY COUNCIL/REDEVELOPMENT AGENCY (6:43 PM)

RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY IN OPEN SESSION - 734 Third Street, City Council Chamber (07:00 PM)
Pledge of Allegiance (07:00 PM)

REPORT ON CLOSED SESSION (If any) - None (07:00 PM)

Roll Call (07:00 PM)

Present: Becnel; Brockman; Richey; Stonebarger; Taylor

PUBLIC COMMENTS (07:00 PM)

Barbara Guise thanked Council and staff and said the downtown sidewalks were washed and there were now lights in the parking lot on Chestnut Street.

Linda Roberts requested Council support for the Holiday On Ice opening event at the Streets of Brentwood on November 24, 2008.

CONSENT CALENDAR (07:05 PM)

1. Approved minutes of the City Council/Redevelopment Agency meeting of October 28, 2008. (M. Wimberly)

2. Received and filed the 2008 Cornfest Evaluation Report. (C. McCann/L. Maurer)

3. PULLED FOR DISCUSSION - Receive and file report on Financial Awards Received by the City’s Finance and Information Systems Department. (P. Ehler/K. Breen)

4. Approved the reappointment of Valerie Smith to a new term on the Brentwood Advisory Neighborhood Committee (BANC). (P. Scherff/B. Gary)

5. Adopted Resolution 2008-257 authorizing the City Manager to execute an Employment Agreement between the City and Mark Evenson, Chief of Police. (D. Landeros)

6. Adopted Resolution 2008-258 approving and authorizing the City Manager or designee to execute the Second Amendment to Agreement for Maintenance and Electrical Facility Cost Sharing of the State Route 4 Bypass in the City of Brentwood. (B. Grewal/D. Galey)

7. Adopted Resolution 2008-259 approving and authorizing the City Manager or designee to execute a Reimbursement Agreement and necessary documents with Discovery Builders, Inc., Subdivision Map No. 8954, consisting of 240 units, located between Lone Tree Way and Grant Street, east of Tilton Lane for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

8. Adopted Resolution 2008-260 approving and authorizing submittal of form titled "Local Assistance EEM Projects CWA Cycle 6 Budget Authority Lapsing June 30, 2009" requesting an extension for completion of landscaping the median on Sand Creek Road west from Fairview Avenue and authorizing the City Manager or designee to execute and submit all documents which may be necessary to apply for the extension. (B. Grewal/L. Vargas)

9. Adopted Resolution 2008-261 approving and authorizing the City Manager or designee to execute Amendment No. Two to Amend the Agreement for Professional Services with Bellecci & Associates for the John Muir Parkway Extension/Foothill Drive - Phase I, CIP Project No. 336-31640, in the amount of $31,446.80. (B. Grewal/A. Salam)

Council Member Richey voted no on Item 9.

10. Adopted Resolution 2008-262 accepting the Zone 2.3 Booster Pump Station, Zone 2.3 Reservoir and Zone 3.3 Hydropneumatic Pump Station Master Planned Water Facilities, constructed as a part of the Vineyards at Marsh Creek, Subdivision No. 8796. (B. Grewal/D. Galey)

11. Adopted Resolution 2008-263 accepting public improvements for maintenance and reducing the Subdivision Improvement Securities for Deer Ridge Country Club, Village H-1-A Unit 2, Lafferty Homes, Subdivision No. 8545, located south of Foothill Drive and west of Concord Avenue. (B. Grewal/D. Galey)

12. Adopted Resolution 2008-264 approving and authorizing the City Manager to execute Amendment No. 1 to the Assistance Agreement between the State of California Department of Parks and Recreation and the City of Brentwood for Stabilization of the John Marsh House and to allow the City Manager to take all actions in furtherance of the agreement for the remainder of the term of the Assistance Agreement. (C. Bronzan)

13. Adopted Resolution 2008-265 adopting a Conflict of Interest Code applicable to certain designated officials and employees, pursuant to section 87300 of the Government Code and repealing Resolution 2006-280. (K. Chew/M. Wimberly)

14. Adopted 1) Resolution 2008-266 authorizing the Director of Finance and Information Systems to approve, file, and release liens for past due property related administrative citations; and 2) Resolution 2008-267 approving amendments to City Council/Administrative Policy No. 10-15, Collection Policy, allowing the Director of Finance and Information Systems to approve, file, and release liens for past due property related administrative citations (P. Ehler/K. Breen)

15. Adopted Resolution 2008-268 rejecting the bid of R.W. Painting for Bid Package No. 3 (Tackable Panels and Painting) as non-responsive and approving the contract documents, awarding the bids and authorizing the City Manager or designee to execute construction contracts and necessary documents for the Library Relocation Project, CIP No. 337-37194 for bid packages #2 - #9, for $387,268 plus a 10% contingency of $38,726.80 for a total amount of $425,994.80 and authorize the Director of Finance and Information Systems to facilitate internal loans for the Library Relocation Package. (K. Chew/G. Leech)

Council Members Richey and Stonebarger voted no on Item 15.

16. Adopted Resolution 2008-269 approving and authorizing the City Manager or designee to execute Amendment No. 1 to the Agreement with Enterprise Roofing Service, Inc., in the amount of $18,348.00, plus a 10% contingency of $1,834.80 for a total amount of $20,182.80 for the Library Relocation project, CIP No. 337-37194. (K. Chew/G. Leech)

Council Members Richey and Stonebarger voted no on Item 16.

16A. PULLED FOR DISCUSSION - Authorize staff to negotiate terms of an irrigation water conveyance agreement between the City of Brentwood and Mark Harris, property owner of 100 Balfour Road. (C. McCann/P. Eldredge/L. Maurer)

17. Approved warrants from Warrant lists dated October 15, October 22, and October 29, 2008. (P. Ehler / L. Schelbert)

CONSENT CALENDAR ACTIONS (07:06 PM)

Motion: Approve Consent Calendar Items 1 - 17, excluding Items 3 and 16A. Council Member Richey voted no on Items 9, 15 and 16, and Council Member Stonebarger voted no on Items 15 and 16. The motion included the changes requested related to Item 9.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

Presentation item taken out of order following Consent Calendar Actions.

PRESENTATIONS (07:07 PM)

Mayor Taylor introduced Lance Corporal Matthew Valenzuela, spoke about the Valenzuela family, and presented the proclamation.

Mayor Taylor spoke about the County Board of Supervisors and said the City received a congratulatory plaque regarding road improvements on Vasco Road.

3. Receive and file report on Financial Awards Received by the City’s Finance and Information Systems Department. (P. Ehler/K. Breen)

Director of Finance and Information Systems, Pam Ehler, explained the five awards her department had received.

Motion: receive and file report on Financial Awards Received by the City’s Finance and Information Systems Department.
Moved by Becnel, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

16A. Authorize staff to negotiate terms of an irrigation water conveyance agreement between the City of Brentwood and Mark Harris, property owner of 100 Balfour Road. (C. McCann/P. Eldredge/L. Maurer)

Council Member Stonebarger said the item had come before the Agricultural Committee and he believed there was a potential policy issue in delivering water outside City limits.

Assistant Director of Public Works/City Engineer, Paul Eldredge, said there was sufficient capacity in the pump station and pipeline for the amount of water being requested from the property owner for irrigation services at property located at 100 Balfour Road. There was sufficient capacity from East Contra Costa Irrigation District and the City could provide pumping and wheeling to the user. Since the property was outside City limits, staff could work on developing deal points and negotiate an agreement between the City and property owner.

A period of questions and answers between Council Members and staff ensued.

Council Member Becnel said in order not to set a precedent, the agreement should include language that the City limited the application.

Vice Mayor Brockman said the Agricultural Committee was not in favor of the item at first due to the concern about the issue between potable and non potable water. There was also an issue with the Local Agency Formation Commission (LAFCO) and the area under discussion was within the City’s influence. It is an agricultural use and the item could be brought forward if East Contra Costa Irrigation District (ECCID) were in favor.

A period of questions by Council and staff responses ensued.

Motion: Authorize staff to negotiate terms of an irrigation water conveyance agreement between the City of Brentwood and mark Harris, property owner of 100 Balfour Road, with the direction that in the agreement, this was for this situation only.
Moved by Becnel, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

OLD BUSINESS (07:33 PM)

18. Provide direction to the Civic Center Financing Subcommittee and staff regarding phased construction of the Civic Center. (D. Landeros/G. Leech)

City Manager, Donna Landeros, presented the staff report.

Council Member Becnel said he wanted the park complete and would rather not have the existing parking lot in front of the community center. He spoke about parking alternatives and the flexibility in deferring the work on the parking structure. Going to bid in March would extend the timeline to be sure the City received an appropriate bond rating. The construction market was favorable and he spoke about the advantages of moving forward with the process and said a potential parking structure across the street on Second Street could help as a parking solution.

Council Member Stonebarger spoke about the City’s bond rating and ability to finance the project, occupancy numbers, and the allowance to reduce parking requirements, which gave the Civic Center Financing Committee the flexibility to oppose using the existing parking lot and complete the park.

City Manager, Donna Landeros, clarified that the decision before Council was whether or not to support the placement of the parking structure in phase 2.

Mayor Taylor opened public comments.

Jonathan Dorr, educator at Liberty Union High School, said he was in favor of the civic center and asked to work with Council regarding the issues of construction noise levels and access.

Kathy Fredenberg said she was opposed to building the civic center at the proposed location and she asked about other locations.

Mayor Taylor closed public comments.

Council Member Stonebarger said staff had identified other parking which would take $10 million off of the financing package for the first phase and he was in support of placing the parking structure in another phase. He was concerned about using redevelopment monies and while he supported phasing, he did not support the current timing due to revenue sources and actual costs.

Council Member Becnel said he was concerned the City would incur additional costs in waiting too long if the economy turned. Council would know before going to bid if the financing was not there and he was in support of phasing the project.

Council Member Stonebarger said the Civic Center Financing Committee supported the phasing approach.

Council Member Becnel felt timing issues on going to bid and the impacts to the project needed to be explored.

Vice Mayor Brockman said staff was moving in accordance with Council direction and as long as the construction drawings were complete, he was in support of phasing the project. Council was looking at March for the financing, and if the financial climate changed, he believed staff would indicate the change in time to move forward. He was in favor of phasing the project.

Mayor Taylor agreed to the phasing of the parking structure and said he could not see Council proceeding in March if the financial timing was not right.

Motion: Direct staff to implement a phased approach for the Civic Center consisting of building the City Hall and Community Center as Phase 1 and the Parking Structure as Phase 2.
Moved by Becnel, seconded by Brockman.

Vote: Motion carried 4-1.
Yes: Becnel; Brockman; Stonebarger; Taylor
No: Richey

NEW BUSINESS (08:12 PM)
19. Local Preference Program Ad Hoc - Subcommittee Update. 1) Receive report from the Subcommittee; 2) If Council desires further research into becoming a charter city, establish a new ad hoc subcommittee to examine specifically that issue; 3) Direct the new subcommittee to report back to the Council in early 2009, as part of the Council’s goal setting for 2009/10. (Council Members B. Richey and E. Stonebarger/D. Brower/B. Grewal)

Director of Public Works/City Engineer, Bailey Grewal, presented a staff report. With regard to the legal issues associated with public contracting and enforcement of local preference programs by general law cities, the Local Preference Program Subcommittee felt a program as a charter city may be more successful.

City Attorney, Damien Brower, summarized information regarding both general law and charter cities.

Council Member Richey requested Council direction and said the City needed to establish what type of city it wanted to be before continuing down the path of considering local preference and programs.

Council Member Stonebarger said if the city were a charter city, the Local Preference Program Committee felt there would be more flexibility with local preference programs.

Council Member Becnel asked about greater local control and the ability to exempt the City from the Public Contract Code.

City Attorney, Damien Brower, said a Charter City could exempt itself from certain provisions while being willing to accept other provisions of the Public Contracts Code.

Mayor Taylor opened public comments.

Mayor Taylor closed public comments.

Vice Mayor Brockman said he did not have a problem researching costs and limitations. Being a charter city seemed to give a broader ability to have Council make more rules and more decisions without as much oversight and he needed more information.

Council Member Richey said with a charter city, the control of the operational direction of the City was up to the voters.

Mayor Taylor asked about the affect on services with the county, state, and federal governments.

City Attorney, Damien Brower, said the Local Preference Program Subcommittee was requesting the appointment of an ad-hoc committee to study becoming a charter city before returning to Council at the goal setting session.

Mayor Taylor was in favor of pursuing the charter city.

Council Member Becnel said he supported Council Member Richey regarding the local preference ordinance. He requested additional information about differences between general law cities and charter cities and if elements of the Public Contract Code could be chosen.

Council Member Brockman agreed with Council Member Becnel and said he did not have a problem receiving more information on the possibility of becoming a charter city. He cautioned that this may not be the way to go.

Council Member Richey said he felt becoming a charter city would be in the best interest of the City and was about operational advantages.

Council Member Stonebarger said becoming a charter city was worth pursuing.

Motion: Approve the appointment of a Local Preference Program Ad Hoc Subcommittee to examine the charter city issue with the following ultimate goals: 1) Receive report from the Subcommittee; 2) If Council desires further research into becoming a charter city, establish a new ad hoc subcommittee to examine specifically that issue; 3) Direct the new subcommittee to report back to the Council in early 2009, as part of the Council’s goal setting for 2009/10.
Moved by Richey, seconded by Stonebarger.

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

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, SUBCOMMITTEES AND LIAISONS - None (08:35 PM)
REQUEST FOR FUTURE AGENDA ITEMS: (08:35 PM)
Vice Mayor Brockman requested the City create a focus group or committee to work on a proactive basis to pursue how to draw larger employers to the City.

ADJOURNMENT (08:39 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
 
City Administration
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