ITEM 1A

CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, AUGUST 22, 2006
COUNCIL CHAMBER, 7:00 P.M.

CALL TO ORDER - 734 Third Street, Council Chamber (6:01 PM)
Roll Call
Present: Beckstrand; Gutierrez; Swisher; Taylor
Absent: Brockman

CITIZEN COMMENTS - None (6:02 PM)

ADJOURN TO CLOSED SESSION - 150 City Park Way, City Hall Conference Room (6:02 PM)

1. City Council Closed Session pursuant to Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Title: City Attorney.

2. City Council Closed Session pursuant to Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS. Title: City Attorney

RECONVENE IN OPEN SESSION - 734 Third Street, City Council Chamber (7:02 PM)

Roll Call
Present: Beckstrand; Gutierrez; Swisher; Taylor
Absent: Brockman

REPORT ON CLOSED SESSION (None) (07:00 PM)

PRESENTATIONS (07:00 PM)

A. In recognition of Rose Pierce as the California Parks and Recreation Society District III 2005 Outstanding Volunteer for Parks & Recreation within the City of Brentwood. (C. Bronzan/M. Kaiser)

Mac Kaiser announced the California Park and Recreation District Society hosted an annual awards and installation banquet every April. The event recognized various agencies for outstanding community volunteers. In March 2006, staff submitted an application for long time resident, Rose Pierce, for her many years of volunteer service to the Brentwood community. Rose had passed away days prior to the annual banquet and staff had accepted the prestigious award on behalf of Rose’s family.

Poet Laureate, Diane Lando, read a poem "By Any Other Name", which was commissioned in memory of Rose Pierce.

The award was presented to Rose’s daughters, Lil, sister Doreen, and son-in-law, David Navarette, on behalf of the California Park and Recreation Society, District III, for outstanding volunteer in Parks and Recreation for 2005.

Lil Navarette commented how her mother loved the Brentwood community.

B. Presentation from AMR in recognition of Brentwood Police Officers. (Chief Davies)

Police Chief, Michael Davies, invited Melissa Buel, Paramedic Supervisor for American Medical Response of Contra Costa County (AMR). Melissa spoke regarding Officer Matthew Bell, Officer Tony Oerlemans and Sergeant Timothy Herbert. She spoke regarding the actions of he officers which saved a cardiac arrest patient and AMR presented a proclamation and a letter and pin to each.

Police Chief, Michael Davies, said it was with Council support the Police Department obtained defibrillators and distributed to every officer and trained City employees on using the device.

AGENDA REVIEW - None (07:13 PM)

CITIZEN COMMENTS (07:13 PM)

Barbara Guise, Tri Delta Transit, said ridership was up 5.2 percent over last year. In 1984/85, Tri Delta carried 379,248 people and this year, carried 2,543,890. Tri Delta took three first-place add wheel awards and was up for the grand prize. The 49er Shuttle bus carried 206 people for the first game and staff had attended most of the east County schools to encourage students to use transit.

Mike Pisano, Precision Cabinets and Trim, asked to extend the leases/payments on the Guthrie location. The Redevelopment Agency wanted Precision Cabinets to start Phase II lease payments in August, and he asked it be extended to either January or March. He said they also wanted to start Phase III. Move-in was Phase I, II, and III, which would be March of 2007 and March of 2008 and RDA wanted to kick it in sooner based on the equipment that went in and the building was not working correctly and he needed more time.

Council Member Taylor asked if this should be brought up as an agenda item.

Mayor Swisher asked Mr. Pisano if he wanted to extend Phase II and III out one more year and Mr. Pisano responded he did.

City Manager, Donna Landeros, said the contract had been approved by Council and staff had been enforcing the provisions of the contract. It was not appropriate to negotiate changes in the agreement in open session. Council could have an update on that and staff would not place it on the agenda unless staff believed it was appropriate.

Council Member Beckstrand asked that staff follow through and enforce provisions of the contract as accepted by Council.

City Manager, Donna Landeros, said staff had a contract and was enforcing the contract. If changes were recommended to the contract, that would come from staff to Council. The tenant was free to communicate to the Council and could write to Council Members. Staff would need to bring a recommendation to Council if it were placed on the agenda.

Joel Burn asked if there was a way to eleimnate or control Section 8 housing in the City. If that could not happen, could checks and balances be run on the tenants. Antioch had proposed a yearly inspection on all rental property to comply with code enforcement to make sure housing was up to standards. He asked if Council or a department could set up a fee on all rental property, due to increased police or other city services required from Section 8 or other problems with rental properties. He felt the fees would pay for inspectors and make owners more pickey with tenants. He asked if the City was doing anything to rectify the situation to get tenants out right now.

Leonora Bron said a special event in the park had not provided an opportunity for the non-profit groups who wished to participate and be exposed to the public at the event. She was with Bethel Island for Furry Friends (BIFF) and Brentwood Animal Rescue (BARK) and the animals were kept safe for life. Money given to the group was used for animal care. Other than Cornfest, there was not an opportunity to be exposed to the public and financial support was used for vet bills, since they were the only group that accepted elderly animals. Financial support came from donations during weekends at art festivals.

CONSENT CALENDAR (07:22 PM)

1. Approved minutes of the City Council/Redevelopment Agency meeting held August 8, 2006. (M. Wimberly)

2. Approved the appointments of Jeff Marchetti and Cameron Sessions to the Brentwood Advisory Neighborhood Committee (BANC) for a term commencing August 23, 2006 and ending December 31, 2008. (Council Member R. Taylor)

3. Adopted Resolution 2006-192 to reject the bid received for the Second Street/Pine Street Traffic Signal, CIP Project No. 336-31580 and direct staff to re-advertise, re-bid the project and return to City Council for award of the contract. (B. Grewal/P. Eldredge)

4. Adopted Resolution 2006-193 approving and authorizing the City Manager to execute the construction contract and necessary documents for the 2006/07 Pavement Management Program, CIP Project No. 336-30830, to Granite Construction in the amount of $2,554,088 plus a 10% contingency, for a total contract amount of $2,809,497. (B. Grewal/J. Gallegos)

5. Adopted Resolution 2006-194 approving and authorizing the City Manager or her designee to execute a Quitclaim Deed and such other documents as may be needed to hereby convey City owned property to Ronald V. Maselli and Wanda M. Maselli, at the corner of Sand Creek Road and O’Hara Avenue. (B. Grewal/M. Sullivan)

Council Member Beckstrand abstained.

6. Adopted Resolution 2006-195 approving and authorizing the City Manager or her designee to execute a Release of Subdivision Improvement Agreement and any other documents as may be needed to complete the transaction, on a portion of property identified as "Remainder" shown on Map of Subdivision No. 7690, and for a portion of Lot 39 shown on the Map of Subdivision No. 8310, both agreements cover the same property, a portion of Deer Ridge Golf Course, generally located east of Pebble Beach Drive and west of Foothill Drive adjacent to Contra Costa County Flood Control property. (B. Grewal/M. Sullivan)

7. Adopted Resolution 2006-196 accepting the work performed by Systems & Space, Inc. for providing and installing lockers at the New Police Facility, CIP Project No. 337-3142, and direct the City Clerk to file a Notice of Completion with the County Recorder. (M. Davies/J. Martinez/M. Huber)

8. Adopted Resolution 2006-197 approving and authorizing the City Manager or designee to execute a Revocable License Agreement between the East Bay Municipal Utility District (EBMUD) and the City of Brentwood for a sanitary sewer crossing, located south of Sunset Road and Elkins Way. (B. Grewal/N. Estakhri)

CONSENT CALENDAR ACTIONS: (07:27 PM)

Motion: Approve Consent Calendar Items 1 - 8 as recommended. Council Member Beckstand abstained on Item 5.
Moved by Beckstrand, seconded by Gutierrez.

Motion withdrawn by Council Member Beckstrand due to the abstention.

Motion: Approve Consent Calendar Items 1 - 8 as recommended. Council Member Beckstand abstained on Item 5.
Moved by Gutierrez, seconded by Swisher.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Absent: Brockman

PUBLIC HEARINGS (07:28 PM)
9. Consideration of a Resolution Revising the City of Brentwood 2005/06 Cost Allocation and Schedule of City Fees. (P. Ehler/D. Davies)

Director of Finance and Information Systems, Pamela Ehler, presented a staff report and said this year’s Cost Allocation Plan was based on the 2006/07 budget adopted June and included fees that were increased this year by the annual CPI of 2.8 percent. A few of the fees designated by Council were increased by the Engineer’s Report, which was 1.9 percent. An increase in swim fees would be brought before Council in January and the other substantial change, was a requirement for a deposit to recover legal costs on planning and park fees and language for legal review for the lighting and landscaping districts.

Mayor Swisher opened the public hearing.

Motion: Approve closing the public hearing.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Absent: Brockman

Council Member presented comments on the Cost Allocation Plan.

Motion: Adopt Resolution 2006-198 revising the City of Brentwood 2005/06 Cost Allocation and Schedule of City Fees.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Absent: Brockman

10. Adoption of a Mitigated Negative Declaration for a 30,000 square foot building identified as Building ’B’ (Phase III) of the Club One health club facility and introduction and waiver of the first reading of an Ordinance for a rezone (RZ 06-07) amending the development standards for Subarea A of Planned Development 24 to allow for a second story within the maximum 30-foot height limit established for this subarea. The project is located on the vacant building pad south of the existing Club One facility at 160 Guthrie Lane.

Associate Planner, Debbie Hill presented a staff report and said the project involved a Mitigated Negative Declaration for the development of the Club One Health Club facility. The developer intended to develop the final phase of the project with a 30,000 square foot two-story building. The existing development standards for PD-24, Subarea A, limited building height to a maximum of one-story, not exceeding 30 feet. The inclusion of a second-story element as part of the project, had necessitated a zoning amendment. The revised development standards for the project only proposed to eliminate the tax restricting the building height to one-story, 30-foot maximum height limitation would remain the same. The Planning Commission voted unanimously, at the meeting held August 1, 2006, to approve the project and staff was bringing forth the Commission’s recommendation for both the adoption of the Mitigated Negative Declaration and for approval of the Rezone Amendment to Planned Development 24, Subarea A.

Mayor Swisher opened the public hearing.

Motion: Approve closing the public hearing.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Absent: Brockman

Motion: Adopt Resolution 2006-199 approving a Mitigated Negative Declaration for a 30,000 square foot building identified as Building ’B’ (Phase III) of the Club One health club facility.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Absent: Brockman

Motion: introduce and waive the first reading of Ordinance 835 for a rezone (RZ 06-07) amending the development standards for Subarea A of Planned Development 24 to allow for a second story within the maximum 30-foot height limit established for this subarea. The project is located on the vacant building pad south of the existing Club One facility at 160 Guthrie Lane.
The Assistant City Clerk read the title of Ordinance 835.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Absent: Brockman

INFORMATIONAL REPORTS FROM STAFF - No action required (07:40 PM)

11. Informational Report on Minor Subdivision No. 364-05, Barrington, developed by Standard Pacific, located east of Brentwood Boulevard and south of Sunset Road; Notification of Parcel Map Approval. (M. Wimberly)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (07:40 PM)

Council Member Beckstrand presented an update on the status of Vasco Road, SB 3, and efforts to work with Alameda County regarding to the accident on Vasco Road last week. Alameda County was interested in working with the City of Livermore and the appointed body of representatives from Contra Costa County, including Supervisor Piepho and mayors of other cities that sit on the Highway 4 Bypass Authority, to look at funding sources, identifying lifesaving projects and long term safety improvements for Vasco Road. There had been a safety task force in place and the area had been designated as State Safety Corridor. With joint efforts of Livermore and Brentwood Police Departments and the County, there had been numerous grants brought in and they had worked with the Office of Traffic Safety, CHP to create tools to increase enforcement, public awareness and education on the dangers of the corridor. Senator Torlakson was instrumental in helping to establish a safety corridor and had requested the Governor’s office assistance with a bill that passed both parts of the legislature to install a double fine zone in the area, which was opposed by Caltrans. Senator Torlakson had asked the Governor’s office to reconsider signing the bill under an emergency situation. Residents in support of a double fine zone could send form letters, which could be found by clicking on vascoroad.com. She asked if the City had moved forward with a letter of support of the bill. Senator Torlakson’s office had scheduled a Senate Hearing to take place in the Brentwood Council Chamber on Tuesday, September 5, 2006, at 10:00 a.m., regarding the need of Vasco Road for funding and moving forward on the much needed improvements.

Council Member Taylor asked the City pass a Resolution backing Senator Torlakson’s SB 3. He would like to see additional enforcement on Vasco Road.

Council Member Gutierrez spoke regarding communications between Council and residents and business owners. She suggested taking a walk in the Downtown and talk about what are the things in the historic Downtown the merchant group would like to get going and get ideas and suggestions from businessowners about what the downtown businesses need on the Downtown Specific Plan. What can be done to maintain the current level and invited the Council to do the walk around town.

REQUESTS FOR FUTURE AGENDA ITEMS (07:48 PM)

Mayor Swisher asked for update on what Antioch had adopted or was looking to adopt for Section 8 housing. He also asked about a housing rental fee and said it was almost like a business tax program. He asked if staff could look to see if it was possible and how hard it was to enforce.

Council Member Gutierrez she asked what the implications of a housing rental fee would be on the inclusionary housing program.

Mayor Swisher said it would be separate from the inclusionary housing program. The houses were not part of the inclusionary housing program and were privately owned homes that people used as rentals. It had nothing to do with the housing program, which was operated by the City and had restrictions and houses had to be maintained.

City Manager, Donna Landeros, said staff could bring back an informational item.

Council Member Taylor said there would be more rentals due to the market. He asked about yard upkeep and proper maintenance.

ADJOURNMENT (07:52 PM)
Motion: Approve adjournment.
Moved by Taylor, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Absent: Brockman

Respectfully submitted,

Cynthia Garcia, CMC
Assistant City Clerk