CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, JANUARY 24, 2006
COUNCIL CHAMBER, 7:00 P.M.

CALL TO ORDER (6:01 PM)

CITIZEN COMMENTS - None (6:01 PM)

ADJOURN TO CLOSED SESSION (6:02 PM)

1. City Council Closed Session pursuant to Government Code 54956.9(a): CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. Name of Case: CBM Group, Inc. v. City of Brentwood.

2. City Council Closed Session pursuant to Government Code 54956.9: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant exposure to litigation pursuant to subdivision (b) (1) of Section 54956.9: One potential case.

RECONVENE IN OPEN SESSION - 734 Third Street, City Council Chamber (07:01 PM)

REPORT ON CLOSED SESSION - None (07:02 PM)

PRESENTATIONS (07:02 PM)

A. Removed from the agenda and postponed to a subsequent meeting - Status update from Brentwood Agricultural Land Trust on conservation easement activities (H. Sword/L. Maurer)

AGENDA REVIEW (07:02 PM)

Motion: Approve Agenda Review Item 19 as recommended.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

CITIZEN COMMENTS (07:03 PM)

Richard Eaton spoke regarding his application to start a taxicab company. He had received a receipt which he was told was a temporary license. He was fingerprinted on December 23, 2005, and cleared with no problem by December 28, 2005. He had spoken to Officer Homa regarding ordinances and had purchased a van and placed meter lights and lettering on it. It had been inspected by Officer Homa on January 17, 2006. He said the ordinance stated that an applicant must wait 40 days before operating. After speaking to the City Clerk he found the rates must be approved by Council. He referred to the Municipal Code and said there were no licensed taxicabs in the City. He asked to be placed on the agenda as soon as possible and that the process be expedited.

Mayor Swisher said that Mr. Eaton’s request would be looked into.

Barbara Guise announced a Delta Community Services sponsored Italian Dinner on January 28, 2006 from 4:30 - 8:00 p.m. Frank Lombardo would provide entertainment and she had tickets available.

CONSENT CALENDAR (07:10 PM)

1. Approved minutes of the special City Council meeting held January 6, 2006 and City Council/Redevelopment Agency meeting held January 10, 2006. (M. Wimberly)


2. Adopted Resolution 2006-7 amending the 2005/06 Operating Budget and approving the recommended mid-year budget adjustments. (P. Ehler/K. Breen)

3. Adopted Resolution 2006-8 authorizing the City Manager or her designee to accept a Grant Deed transferring ownership of real property located at 2010 Elkins Way and identified as APN 018-200-020 from Pottery World to the City of Brentwood and execute any other documents necessary to complete transfer. (H. Sword/G. Rozenski)

Council Member Brockman abstained.

4. Adopted Resolution 2006-9 approving, and authorizing the City Manager to execute, a Professional Services Agreement with EDAW, Inc., a design, planning and environmental professional firm, to provide a General Plan for John Marsh Home and Cowell Ranch in the amount of $241,500 plus a 20% contingency, for a total amount not to exceed $289,800. (C. Bronzan/F. Errico)

5. Approved reappointments of Tom Jones and Jan Melloni to the Park and Recreation Commission for a three-year term ending December 31, 2008. (C. Bronzan/T. Homan)

6. PULLED FOR DISCUSSION - Adopt a Resolution amending the Council/Administrative Policy Manual to add a new Policy No. 10-12 related to the Policies and Procedures for Requests for Use of City Funds and repeal Resolution No. 99-99. (D. Landeros/G. Leech)

7. Adopted Resolution 2006-10 approving, and authorizing the City Manager to execute, a Professional Services Agreement with Economic & Planning Systems, Inc., for $50,000 plus a 10 percent contingency for the Agricultural Enterprise Program. (H. Sword/L. Maurer)

8. Adopted Resolution 2006-11 authorizing the City Manager or her designee to execute amendments to Purchase Agreements for two sales at Sunset Industrial Complex to extend closing dates. (H. Sword/G. Rozenski)

Council Member Brockman abstained

9. Adopted Resolution 2006-12 approving, and authorizing the City Manager or her designee to execute a Professional Services Agreement between the City of Brentwood and Safeway Corporate Produce to subsidize the Safeway’s 2005 professional marketing campaign costs for the Brentwood Grown Program and confirming the appropriation of $100,000 from the Agricultural Trust - Land Conservation Administrative Fund. (H. Sword/G. Rozenski)

10. Adopted Resolution 2006-13 authorizing the purchase of a Regenerative Air Street Sweeper from GCS Western Power & Equipment Company and authorizing the City Manager to execute a purchase order for this equipment not to exceed $152,943.18. (P. Zolfarelli/J. Gallegos)

11. Adopted Resolution 2006-14 authorizing the purchase of one thermo plastic oil jacketed pre-melting kettle with hydraulic agitator system and authorizing the City Manager to execute a purchase order for this equipment not to exceed $18,671.85. (P. Zolfarelli/J. Gallegos)

12. Rejected claim presented by William Del Purgatorro. (K. Chew)

13. Adopted Resolution 2006-15 to adopt the First Time Homebuyer Programs Administrative Manual administered by the City of Brentwood Housing Division (H. Sword/ E. Bonneville/ K. Reed)

14. Adopted Resolution 2006-16 authorizing the City Manager or her designee to execute a Quitclaim Deed for a portion of the Water Easement affecting APN 019-010-039 to Lone Tree Center, LLC, located north of Lone Tree Way and west of Fairview Avenue. (B. Grewal/P. Eldredge)
15. Adopted Resolution 2006-17 authorizing the City Manager to execute Purchase Order change orders or contract amendments with Chevron Corporation, Golden Gate Petroleum, Linhart Petersen Powers Assoc., Office Tech and Golden State Flow Measurement for the updated not-to-exceed amounts. (P. Ehler/B. Bridgen)

16. PULLED FOR DISCUSSION - Accept the Third Quarter Update on the City Council Two Year Action Plan (D. Landeros/G. Leech)

17. Approved the re-appointment of Jim Cushing and the appointment of Julie Gildersleeve to the Planning Commission for a two year term expiring December 31, 2007. (Council Members A. Gutierrez/R. Brockman)

Redevelopment Agency Consent Items:

18. Redevelopment Agency - Approved payment to Contra Costa County of the Agency’s State-mandated shift of property tax revenues to the Educational Revenue Allocation Fund for 2005-06 in the amount of $302,058.34. (H. Sword/G. Rozenski)

CONSENT CALENDAR ACTIONS

Motion: Approve CONSENT CALENDAR Items 1 - 5, 7 - 15, 17 - 18 as recommended. Council Member Brockman abstained on Items 3 and 8.
Moved by Gutierrez, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

6. Adopt a Resolution amending the Council/Administrative Policy Manual to add a new Policy No. 10-12 related to the Policies and Procedures for Requests for Use of City Funds and repeal Resolution No. 99-99. (D. Landeros/G. Leech)

Council Member Taylor requested that people who applied for funds would know who to contact.

City Manager, Donna Landeros, suggested Council needed to establish guidelines on how staff could exercise authority in that area. The policy committed various guidelines to be used by staff in granting a fee waiver or a grant in cash for a non-profit agency. If a request was made, the appropriate staff would work with the group to be sure the request could be accommodated and was within the criteria. It was the City’s goal to work with groups to try and accommodate requests and assist non-profits do good work in the community.

Motion: Adopt Resolution 2006-18 amending the Council/Administrative Policy Manual to add a new Policy No. 10-12 related to the Policies and Procedures for Requests for Use of City Funds and repeal Resolution No. 99-99.
Moved by Taylor, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

16. Accept the Third Quarter Update on the City Council Two Year Action Plan (D. Landeros/G. Leech)

Motion: accept the Third Quarter Update on the City Council Two Year Action Plan (D. Landeros/G. Leech)
Moved by Gutierrez, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

City Manager, Donna Landeros, acknowledged Finance Department staff.

ADJOURN REDEVELOPMENT AGENCY (07:17 PM)

Motion: Adjourn Redevelopment Agency
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

PUBLIC HEARINGS (07:17 PM)

19. Consideration of the following resolutions completing Annexation #2 to Community Facilities District No. 4. 1) Adopt a Resolution determining to annex territory to CFD No. 4 and calling a special election for CFD No. 4. 2) Adopt a Resolution determining the results of the special election for the annexation of territory to CFD No. 4. (B. Grewal/D. Galey)

Engineering Specialist, Debra Galey, presented a staff report, noting the additional annexation of territory to the City’s Community Facility District, which provided funding for fire emergency and public safety, personnel, police services maintenance of open space acquisition and maintenance of joint use school facilities, library facilities, pavement management acquisition and maintenance of flood and storm drainage facilities to meet State clean water requirements and utility undergrounding. Each property owner within the territory of the district had been mailed a ballot and had been provided an opportunity to cast their vote and a waiver and consent form, allowing the condense election process. Balloting results would be tabulated at the close of the public hearing.

Mayor Swisher opened the public hearing.

Brian Seigal said he was the attorney representing Manny Vierra and Mike and Kathy Stevenson who were land owners of the proposed development to be inserted into the Community Facilities District. They were not opposed to moving forward with the election and were in opposition to expediting the electoral process. His clients would vote no on the proposal and would address concerns about the inclusion of their property in the proposed Community Facilities District (CFD) and the validity of the tax structure that the District imposed on the property. He referred to the property on Harvest Park Drive and a requirement to annex to CFD No. 4 as a condition for the of certificate of occupancy on a building permit. The client was being asked to submit to the annexation and pay the proposed assessment. He believed that geographically there was no rhyme or reason as to why the properties were in certain CFD’s. It was hard to justify the added cost of services and facilities for CFD No. 4 and properties were paying significantly different rate assessments, when the amount of services would be the same, which he and his clients believed was unfair. His clients would pursue the possibility of determining the status of the assessments and annexations and would vote no on the assessment and reserved their rights as to the appropriateness of the assessment. There was a nexus that was required between the cost and the assessment to the type of services and facilities of the new development and absent that nexus, it was clear that those types of assessments were not appropriate.

Motion: close the public hearing.
Moved by Swisher, seconded by Taylor.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

City Attorney, Damien Brower, stated that the Engineering Department could discuss the community facilities districts and how they were structured. He assured Council that the community facilities districts were legal and within the Government Code and were not benefit based.

Council Member Gutierrez asked if there was a nexus between what was paid out and the services provided.
City Engineer, Bailey Grewal, explained community facilities districts were not based on benefit and were based on what facilities or services would be needed in the future. Maintenance was included. When properties came for entitlement, the City had a condition on them to annex into the current or latest community facility district unless there was a development agreement on a project which had a binding act that said the property would be annexed into a certain community facility district and any project coming now would be annexed into Community Facility District No. 4.

Council Member Taylor asked what would happen if the applicant opposed it.

City Engineer, Bailey Grewal, stated once the public hearing closed, if 2/3 majority voted yes on the annexation, the properties would be annexed into CFD No. 4.

Motion: Adopt Resolution 2006-19 determining to annex territory to Community Facilities District No. 4 and calling a special election for Community Facilities District No. 4.
Moved by Gutierrez, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

Engineering Specialist, Debra Galey, stated that she had received 100 percent consent to the election process and had received 98 percent yes votes of the ballots cast from the property shown on the amended boundary map for the agenda review.

Motion: Adopt Resolution 2006-20 determining the results of the special election for the annexation of territory to CFD No. 4 on the amended boundary map.
Moved by Brockman, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

20. Consideration of an appeal of the Planning Commission decision to deny Conditional Use Permit No. 05-22 (CUP 05-22) to establish a Residential Group Home, located at 190 Fahmy Street. (H. Sword/J. Strandberg)

Senior Planner, Winston Rhodes, presented a staff report noting that Planning Commission had considered and denied the Conditional Use Permit request and concluded that the proposed group home was incompatible with the neighborhood and would generate traffic, parking demand and noise levels above and beyond what was typical in a single family residence. Staff recommended Option 1 denying the appeal, thereby denying the establishment of a large residential care facility at 190 Fahmy Court.

Mayor Swisher opened the public hearing.

Cynthia Bridges, Board Member, Living Water Ministries Residential Home, said she was instructed to apply for the conditional use permit by the State Community Care Licensing. The infants were included in capacity as part of the licensing requirements. She asked to reserve a spot to respond to neighbors concerns.

Cindy Burkhart said she purchased a new home in a small neighborhood and she felt the group home was not appropriate for the neighborhood and she was opposed.

Sharon Durham said there were five rentals, three empty homes and 22 children. The traffic was already a problem and there were police problems in the rental homes. She asked that the home not be allowed in the neighborhood.

Pam Claraty said she did not want a business in the neighborhood since it would be a business, not a home because there would be paid employees and psychologists. The occupants would not be allowed out of the home and would not be a part of the neighborhood. If families would come to visit, there would be no parking. Her children did not want the business and she asked Council not to approve the item.

Shannon Dunkel said she lived next door to the property and expressed concerns about the unknown backround of the people, lots of cars and there were already too many children. There was a fire extinguisher between her house and that house and no one could park there. She asked for Council consideration.

Ernest Fulod said it was a very small cul-de-sac and he felt it would not accommodate an institution. He asked Council to consider the late hour noises from young people and ever-changing service people coming in three shifts. Children in the neighborhood did not want to be exposed and he felt the home should be moved to a business place. Property prices would go down and he expressed concern that there could be police problems if the father of the children showed up.

Maria Fulod said the street was a quiet, small, family oriented street and she was concerned about traffic, parking and noise said the institution should not be in quiet neighborhood.

David Dunkel said he lived right next door and expressed concerns about noise. Parking was an issue and he asked if he would need to disclose the home to a buyer if he were to sell, and felt it would lower the price of his home.

Dario Smith said he felt this was a group home and it was an institution since staff did not live there. He had children and there were a lot of unknowns. He believed the home should be placed in an industrial area and he asked Council to take his comments into consideration.

Tracy Mills-Smith expressed concerns of the unknown. She understood that they were trying to do a good deed. The neighborhood children should not be subject to this and she believed the home was not compatible for the neighborhood. She asked Council to consider what everyone had said and leave the community in satisfactory condition.

Jerry Burkhart stated that only half of the parking would be accessible because of fire hydrant and it would be a facility and not a home. In the meeting with Planning Commission, there was not another home like this so neighbors could not go and talk to people and see what it was like.

Bill Claraty said he lived on the street and he was in real estate and it affected property values and would need to be disclosed. He asked Council to consider the 13 of 14 homeowers in opposition.

Cynthia Bridges said they met with the neighborhood on November 12, 2005. She acknowledged concerns, saying it was speculation not fact. There would be someone awake 24 hours per day and staff was qualified and there would be no contact with the neighborhood. It was a highly structured home and the children were wards of the court, foster children, and had supervision 24-hours per day. On outings, the children would be accompanied by staff. The home would be operated with six girls and two infants and the maximum stay was 18 months until the court could find a permanent place for them. The children were schooled and staff cooked and cleaned. Night staff could place cars in the garage and she did not see where a noise issue resided. A nurse may need be out if the need arose for infant care. Visitation was controlled and it was not allowed during the week but was allowed on certain hours during the weekend by appointment. This was not an institution, it was a residence. She was asking for a conditional use permit to allow for the licensing capacity to increase to include infants since the State said a minor parent could not be without the child. The children had a civil right to live in a decent neighborhood.

Steven Bridges, Living Water Ministries, said that Guthrie was an alternative street for parking. The house was adult supervised at all times. They had not been denied in two other areas; the home they had initially looked at was too small.

Motion: Approve closing the public hearing.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

Council Member Gutierrez said it was not the use of the home that made her want to deny the appeal, it was parking, as noted in the staff report, and a potential for noise levels above the allowable 60 decibel level for residential. She would want to allow the use if it complied with City regulations and land uses.

Council Member Brockman said it did not belong there because of the parking and was too small of a street. That was why staff recommended denial and he agreed. Noise would occur during the shift change. It should not be in an industrial or business area but possibly a mixed use area and he was in support of staff.

Motion: Adopt Resolution 2006-21 approving denial of the appeal of the Planning Commission decision to deny Conditional Use Permit No. 05-22 (CUP 05-22) to establish a Residential Group Home, located at 190 Fahmy Street. (H. Sword/J. Strandberg)
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

OLD BUSINESS (08:11 PM)

21. Approve new logo and tag line for the City of Brentwood. (H. Sword/L. Maurer/G. Leech)

Economic Development Manager, Linda Mauer, presented a staff report, stating the goal of developing a new logo and tagline was to develop a stronger identity for the City. Staff had worked with the Chamber of Commerce and Brentwood Agricultural Land Trust and the recommended logo and tagline was a direct result of a collaborative effort. She explained changes to the logo and said the tagline had been added to show: heritage, vision and opportunity. Once the new logo was approved by Council, a graphics and standards manual would be created to outline and dictate the use. There would be a transition plan from the existing identity to the new identity, including an inventory of existing signage and a multi-year phasing plan to incorporate the identity into existing upgrades or projects. Costs would be addressed as the plan developed.

Council Member Gutierrez said she liked the tagline of heritage, vision and opportunity.

Council Member Taylor was concerned about changing signage, which could be expensive. He asked to see a cost analysis and keep the old logo and add the tagline. He liked the farm attitude of the old logo.

City Manager, Donna Landeros, stated that fiscal concerns were real issues and would be phased. Staff would not do a wholesale turnover and would be cognizant of the cost of change. The detail on the old logo made it difficult to reproduce and that was why a simpler graphic had been chosen but stayed true to what the Brentwood logo had looked like.

Council Member Taylor said he wasn’t sure he was in favor of having the tree for the logo.

City Manager, Donna Landeros, said there were 30-40 graphic representations of trees that Council could view.

Mayor Swisher said he liked the tagline and the 0’s not being crossed. He agreed with Council Member Taylor and asked why a tree. It cleaned up the logo but was about what represented the City. He said the discussion had been farming heritage and he felt that the visual of the City was being missed.

City Manager, Donna Landeros, said if Council Members volunteered, she would be glad to go through trees or other representations desired by Council.

Council Member Brockman asked about the addition of a date.

City Manager, Donna Landeros, said that staff was working to keep the logo clean and crisp.

Director of Community Development, Howard Sword, said legibility was important and reducing the number of elements being depicted, as well as being able to take it all in one glance. Adding different bits of information would become confusing and would not be clean and branding.

Council Member Taylor volunteered to be on the committee.

Mayor Swisher asked that it go back.

City Manager, Donna Landeros, clarified that there was a committee of two Council Members, Mayor Swisher and Council Member Bob Taylor, and she had heard one of the Council Members did not want the tree.

Mayor Swisher said there was consent that the wording was great and it was about the picture.

NEW BUSINESS (08:28 PM)

22. Presentation from the Citizen’s Advisory Committee regarding Community Facilities (D. Landeros/K. Chew/C. Bronzan)

Dirk Ziegler presented the Phase II report from the Citizen’s Advisory Committee. He spoke about different facilities that the Committee felt should move forward: Library, senior center, community center-events center/art center/museum, teen center, community theater/performing arts, intermodal transportation center, city hall/Council Chambers and parking. The Committee would cease holding meetings unless directed by Council and would welcome the opportunity to be involved.

Mayor Swisher asked that the report be placed on the City website.

Mayor Swisher presented certificates and key chains to Committee Members: Tom Jones, Ron Fugazzi, Lanny Brown, Barbara Guise, Ashley Clare, Lillian Navarett, Shelly Newton, Greg Robinson, Brianna Swisher, Manuel Vilchez and Dirk Ziegler.

City Manager, Donna Landeros, spoke regarding new City Hall, stating the future of the Downtown could be established. There would be a build out plan at the end of the year and everyone would know what the amenities the community would have. A community workshop would be held as part of the City Hall project. With the adoption of a Downtown Specific Plan and the work of the Committee and City Hall work that was underway, staff was close to placing decisions in front of the community. A workshop presented by the County Librarian showed it would be difficult to compete for State bond act money. Staff would look at all different opportunities and try to move projects on parallel tracks. Staff would take the Committee’s report and return to the Council with implementation ideas.

INFORMATIONAL REPORTS FROM STAFF (08:47 PM)

23. Report on programs for seniors. (K. Chew/C. Bronzan)

24. Verbal status report on Deer Ridge. (H. Sword)

Director of Community Development, Howard Sword, said there were three different areas of concern: 1) acquisition of the right-of-way for Foothill Drive, 2) construction items and 3) golf course. With regard to the construction items and the golf course, pedestrian railings had been installed on all four bridges in Deer Ridge and the footings for the traffic barriers had been installed on three of the four bridges. The footings had not been poured at the final bridge due to a conflict between the barrier and existing joint trench. The City was working with Sun Cal to obtain necessary approvals from PG&E to avoid conflicts. Cal Sun was working on punch list items for the Zone 3 Water Tank Pump Site Improvements, and scheduling the concrete pad pour around the pumps. A construction company had been hired under the direction of Sun Cal and had been making steady progress on punch list items, including additional signage to striping and resolution of drainage issues at Balfour Road, as well as miscellaneous landscape pieces. There had been significant progress made. The golf course had been sold to a group in southern California.

City Engineer, Bailey Grewal, presented an update on the Foothill Drive extension noting that staff was working with Cal Sun and had a draft agreement between the City, Cal Sun and Langraph property. Once the agreement was approved by Cal Sun, it would be forwarded to the property owner. Based on the previous presentation and Council direction, there were approximately 36 permits issued and he hoped that Cal Sun would agree with staff and make the draft agreement offer to the property owner and then additional permits may be released.

Mayor Swisher asked how many permits were being held. City Engineer, Bailey Grewal, stated there were currently 101. If the City received approval from Cal Sun, the agreement would be forwarded to the property owner and there could be an additional 30 to 35 permits. Staff could return to Council with a report at the next meeting.

Mayor Swisher presented Lillian Navarette, Citizen’s Advisory Committee on Community Facilities, a certificate and key chain.

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (08:55 PM)
Council Member Beckstrand said the Highway 4 Bypass, Segment III, had gone out to bid. Most of utility relocation was underway and almost all right-of-way purchases were complete. The City and Bypass Authority were working together to compromise on issues and expedite the process.

REQUESTS FOR FUTURE AGENDA ITEMS (08:56 PM)

Council Member Taylor said he had been notified of vandalism in parks and the light bulbs at Veteran’s Park had been stolen out of the tree. He asked for a report.

Director of Park and Recreation, Craig Bronzan, said he would return with a report.

ADJOURNMENT (08:57 PM)
Motion: Approve adjournment.
Moved by Swisher, seconded by Brockman.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

Respectfully Submitted,

Cynthia Garcia, CMC
Assistant City Clerk