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ITEM 1

CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, JUNE 13, 2006
COUNCIL CHAMBER, 7:00 P.M.

CALL TO ORDER FOR CLOSED SESSION (CLOSED SESSION CANCELLED)

CITIZEN COMMENTS - NONE - CLOSED SESSION CANCELLED

ADJOURN TO CLOSED SESSION - CLOSED SESSION CANCELLED

1. City Council Closed Session pursuant to Government Code 54957.6: CONFERENCE WITH LABOR NEGOTIATOR. City’s Negotiator: Brian Swisher. Unrepresented Employee: City Manager.

CALL TO ORDER- Council Chamber - 734 Third Street, Brentwood, CA 94513

Roll Call (06:59 PM)
Present: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

REPORT ON CLOSED SESSION (if any) - NONE (06:59 PM)

PRESENTATIONS (06:59 PM)

A. Diversity Committee Roadshow. (Kathy Frazier)

Kathy Frazier and Rick Lemyre spoke about the Diversity Committee, established in 2002 as a proactive approach to embracing the growth in the City. A news clip from KRON 4 regarding the Diversity Committee was presented. The Committee met every first and third Thursday each month at 5:00 p.m. in the Delta Room of the Brentwood Police Department. The Committee had a resource library regarding diversity located at the Brentwood Police Department and books could be checked out.
Council Member Taylor said a tremendous amount of kids went to diversity plaza at Liberty High School and he felt this was a tribute to the City.

Council Member Brockman asked about interaction with the schools on a regular basis.

Rick Lemeyre said that there was constant communication with both high school and elementary school districts since Superintendent Dan Smith and Superintendent Doug Adams attended meetings. The school districts, along with REACH and First 5 had been active at every meeting to be sure there were enough ideas and resources.

B. Tri Delta Transit Update on activities. (Jeanne Kreig)

Jeanne Kreig, Chief Executive Officer, Tri Delta Transit, presented an overview and spoke about upcoming events. She presented a brochure to Council Members and said there were 89 clean diesel buses, equipped with wheel chair lift and bicycle racks. There were new Brentwood routes to John Muir Hospital and Heritage High School and improved weekend service. Dial a Ride vehicles had been replaced and Tri Delta Transit provided a space to park strollers. Day and monthly passes would be introduced and Tri Delta had won best of show in the 2006 cable advertising bureau award. She presented the winning commercial.

C. Proclamation of the City of Brentwood Recognizing Park and Recreation Commissioner Lanny Brown. (C. Bronzan)

Director of Parks and Recreation, Craig Bronzan, introduced Lanny Brown, who had been recognized for his service to the community by the California Association of Parks and Recreation Commissioners and Board Members.

Vice Mayor, Ana Gutierrez, presented the award from the California Association of Parks and Recreation Commissioners and Board Member and the City proclamation and Lanny Brown was present and accepted.

D. Proclamation recognizing Monday Nights as Family Night.

Council Member, Annette Beckstrand, presented the proclamation to James Green, who said the Boy Scout Troop would go to businesses around town and request support for family night by giving discounts.

AGENDA REVIEW - None (07:40 PM)

CITIZEN COMMENTS - None (07:40 PM)

CONSENT CALENDAR (07:40 PM)

1. Approved minutes of the City Council/Redevelopment Agency meeting held May 23, 2006. (M. Wimberly)

2. Adopted a Resolution 2006-128 to award Business License Tax Grant Monies. (K. Chew/G. Leech)

3. Rejected the Claim of Donna Cisowski. (M.Winberly)

4. Adopted Resolution 2006-129 approving and authorizing the City Manager or her designee to execute a three party agreement entitled "Real Property Exchange/Grading/Public Improvement Agreement" between Landgraf, Cal Sun and the City for Foothill Extension and the John Muir Parkway Extension - Phase l, CIP Project No. 336-3164. (B. Grewal/M. Sullivan)

5. Adopted Resolution 2006-130 approving and authorizing the City Manager to execute a contract with Bellecci & Associates to provide design and construction support for the John Muir Parkway Extension - Phase I, CIP Project No. 336-3164, in an amount of $149,450, plus a 10% contingency, for a total amount of $164,395. (B. Grewal/B. Bornstein)

6. Adopted Resolution 2006-131 in support and authorizing submittal of a Regional Application to the California Integrated Waste management Board for a Local Government Household Hazardous Waste Grant - Fifteenth Cycle by the Delta Diablo Sanitation District on behalf of itself and Contra Costa County, Ironhouse Sanitary District and the cities of Antioch, Brentwood, Pittsburg for expansion of the Delta Household Hazardous Waste Collection Facility. (B. Grewal/J. Carlson/K. Wahl)

7. Adopted Resolution 2006-132 amending the Investment Policy No. 10-4 and delegating management responsibility for the investment program to the Treasurer. (P. Ehler/L. Ybarra)

8. Waived second reading and adopted Ordinance 827 approving the appeal of a Rezone (RZ 05-04) on approximately 134 acres to establish development standards for the mixed-use Bridle Gate Project Site, located west of the State Route 4 Bypass, on both sides of the Sand Creek Road Extension. (H. Sword/E. Nolthenius)

9. Adopted Resolution 2006-133 approving and authorizing the purchase of a Case 570 MXT loader with attachments from GCS Western Power & Equipment Company and authorizing the City Manager or her designee to execute a purchase order and necessary documents in an amount not to exceed $77,932.05. (B. Grewal/ J. Gallegos)

10. Accepted informational report from the Brentwood Advisory Neighborhood Committee (BANC) for the resignation of Michael Trapani. (Council Member R. Taylor)

11. Adopted Resolution 2006-134 approving and authorizing the City Manager to execute License Agreements, as necessary, for landscape maintenance of City right-of-way by private non-residential property owners, upon acceptance of public improvements. (B. Grewal/D. Galey)

12. Adopted Resolution 2006-135 accepting the work performed by Teichert Construction for the Sunset Industrial Complex, CIP Project No. 336-3128, and direct the City Clerk to file the Notice of Completion with the County Recorder. (B. Grewal/P. Eldredge)

13. Adopted Resolution 2006-136 to amend Resolution No. 98-39, to designate the Director of Public Works/City Engineer and/or his/her designee(s) as the City of Brentwood’s representative to the Contra Costa County Clean Water Program (Group Program) Management and its Sub-committees. (B. Grewal/B. Scott)

14. Adopted Resolution 2006-137 approving and authorizing the City Manager to execute the First 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)

15. Adopted Resolution 2006-138 approving and authorizing the City Manager to execute a Consultant Services Agreement for Fiscal Year 2006/07 with Associated Right of Way Services, Inc., in an amount not to exceed $150,000, to continue utilizing their right-of-way services. (B. Grewal/M. Sullivan)

16. Adopted Resolution 2006-139 approving and authorizing the City Manager to execute a Consultant Services Agreement for Fiscal Year 2006/07 with Diaz, Diaz & Boyd, Inc. in an amount not to exceed $60,000 for appraisal services. (B. Grewal/M. Sullivan)
17. PULLED FOR DISCUSSION - Adopt a Resolution authorizing the Mayor to sign Letters of Support to Congressman Pombo and Congresswoman Tauscher requesting their assistance on the necessary permit approvals for the construction of the State Route 4 Bypass - Segment 3 project. (B. Grewal/B. Scott)

18. Adopted Resolution 2006-140 authorizing a $5,000 donation to the Brentwood Agricultural Land Trust for the USDA Value Added Regional Marketing Program. (H. Sword/L. Maurer)

CONSENT CALENDAR ACTIONS (07:40 PM)

Motion: Approve Consent Calendar Items 1 - 16 and 18 as recommended.
The City Clerk read the title of Ordinance 827.
Moved by Brockman, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

17. Adopt a Resolution authorizing the Mayor to sign Letters of Support to Congressman Pombo and Congresswoman Tauscher requesting their assistance on the necessary permit approvals for the construction of the State Route 4 Bypass - Segment 3 project. (B. Grewal/B. Scott)

Council Member Beckstrand requested that rather than mailing the letters of support directly to Congresswoman Tauscher and Congressman Pombo, they be forwarded to Project Manager, Dale Dennis, Bypass Authority and he would present the letters.

Motion: Adopt Resolution 2006-141 authorizing the Mayor to sign Letters of Support to Congressman Pombo and Congresswoman Tauscher requesting their assistance on the necessary permit approvals for the construction of the State Route 4 Bypass - Segment 3 project.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

PUBLIC HEARINGS (07:44 PM)

19. Consideration of a Resolution approving the Final Engineer’s Reports and confirming the formation and annexations within the Consolidated Landscape & Lighting Assessment Districts & Citywide Park Maintenance District No. 98-1 to levy assessments for Fiscal Year 2006/2007. (B. Grewal/C. Bronzan/D. Galey/K. DeSilva)

Management Analyst, Debra Galey, presented a staff report and said in accordance with the Landscape and Lighting of 1972, the proposed Resolution was for approving the Final Engineer’s Reports, levying assessments for the existing 47 LLD’s and Citywide Park District for fiscal year 2006/07 and finalizing the annexations and new district formation for nine residential development projects, representing 1212 units and six commercial projects totaling approximately 28 acres. Ballots and notices identifying the maximum assessment rates and improvements to be maintained were mailed to each property owner affected by formations or annexations and would be tabulated after the close of the public hearing. Total assessment revenue to be collected for maintenance of landscaping, park and lighting improvements, would be approximately $4.8 million for 06/07 fiscal year.

Vice Mayor Gutierrez opened the public hearing.

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

Vice Mayor Gutierrez asked if there were any other ballots to be turned it by the audience.

Motion: Directed the City Clerk to conduct the Election and tabulate the ballots.
Moved by Beckstrand, seconded by Brockman.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

The City Council moved to Item 20 and would return to Item 19 once the ballots had been tabulated.

20. Introduce and waive the first reading of an ordinance to regulate vehicle and boat repair in residential zone, and adding a new Chapter 10.23 to the Brentwood Municipal Code. (H. Sword/B. Arteaga)

Senior Code Enforcement Officer, Berenice Arteaga, presented a staff report and said Code Enforcement had received complaints with regard to vehicle repair on private property, which cause blight and nuisance. The intention in recommending the new Chapter 10.23 was to provide limits and standards for conducting repairs. Regular maintenance such as oil changes and break jobs did not exceed 48 hours and were permitted in a driveway. Staff recommended introducing and waiving first reading of an ordinance to regulate vehicle and boat repair in the residential zones and add new Chapter 10.23 to the Brentwood Municipal Code.

Council Member Taylor expressed concerns about regulating to people conducting repairs and said the sometimes the work could not be done within 48 hours.
Council Member Beckstrand said she did not believe the issue was about a citizen doing repairs, but that it should be done in an enclosed garage.

Council Member Brockman said it didn’t not permit the work, it did not allow someone to have extended work occurring in the front yard or street and should be done behind the garage door. The garage could be open while in repair for safety issues, otherwise, the garage door should be closed since it was offensive to neighbors.

Senior Code Enforcement Officer, Berenice Arteaga, said the ordinance was intended for the blatant violator. There were also vehicle repair businesses in residential neighborhoods and the Code did not clearly identify a problem.

Vice Mayor Gutierrez opened the public hearing.

Jim Green said he was concerned and he understood the rights for people to be able to act in their own home. There was the right of a neighbor who had to look at that and it affected property values. Garages could be used for repair or repair could be done by someone else. There were safety issues like a car slipping off a jack and he believed that there could be a law to live within that would not infringe on the rights of others.

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

Council Member Taylor did not feel a garage business should operate out of a house and the ordinance should read that a business could not be conducted. He felt 48 hours may not be enough time.

Vice Mayor Gutierrez asked Council Members how they wished to proceed.

City Attorney, Damien Brower, said the ordinance permitted routine maintenance in the yard and the time period was for the major repairs, not minor repairs.

Council Member Taylor said he wanted to be clear and not infringe on property rights.

Council Member Brockman said the intent was to allow routine maintenance such as change in oil, tires, replacement of water pumps and alternators and not to do the work in public view so neighbors did not have to look at it. Council had restricted boats and excess vehicles behind fences to create a nice environment for residents. The intent was a safety issue and if someone was cited, there was a time frame to clear it up.

Council Member Beckstrand commented that she was not opposed to making the time limit 72 hours. She had an issue with regard to working hours since the ordinance showed that no routine maintenance should be done before 8:00 a.m. or after 9:00 p.m. There was a noise ordinance to deal with the time.

Vice Mayor Gutierrez said she was in favor of property rights and she lived in a community with other people. She wanted people to be able to work on a car and deal with a necessary situation. If the repair took more that 48 or 72 hours, the car should be out of public view and she asked for language in the ordinance for working hours.

Council Member Brockman suggested the language address noise.

Vice Mayor Gutierrez suggested the language be added that no routine maintenance and major repairs, that violate noise ordinance, take place before 8:00 a.m. or after 9:00 p.m.

Chief Building official, Randall Kidwell, said the wording handled instances when noise was created during odd hours.

Council Member Beckstrand said she would rather the language address the current noise ordinance and not hours. She suggested leaving the verbiage in the ordinance and adding the following language regarding noise: No routine maintenance or repairs should take place before 8:00 a.m. or after 9:00 p.m. that violated the City noise ordinance.

Director of Community Development, Howard Sword, requested Council continue the public hearing item in order for staff could to re-word the ordinance and return to the next meeting.

Motion: Approve Continue to June 27, 2006, the public hearing to introduce and waive the first reading of an ordinance to regulate vehicle and boat repair in residential zone, and adding a new Chapter 10.23 to the Brentwood Municipal Code.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

Council returned to Item 19.

19. Consideration of a Resolution approving the Final Engineer’s Reports and confirming the formation and annexations within the Consolidated Landscape & Lighting Assessment Districts & Citywide Park Maintenance District No. 98-1 to levy assessments for Fiscal Year 2006/2007. (B. Grewal/C. Bronzan/D. Galey/K. DeSilva)

Debra Galey reported all annexations and new district formations had received the required majority of approval of the property owners.

Motion: Adopt Resolution 2006-142 approving the Final Engineer’s Reports and confirming the formation and annexations within the Consolidated Landscape & Lighting Assessment Districts & Citywide Park Maintenance District No. 98-1 to levy assessments for Fiscal Year 2006/2007.
Moved by Brockman, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

21. Introduce and waive the first reading of an ordinance to regulate abandoned, wrecked, dismantled or inoperative vehicles or parts thereof, replacing Chapter 10.20 Abandoned Vehicles of the Brentwood Municipal Code in its entirety. (H. Sword/B. Arteaga)

Senior Code Enforcement Officer, Berenice Arteaga, presented a staff report stating Code Enforcement had received complaints regarding the accumulation of abandoned vehicles or parts on private property. Chapter 10.20 declared wrecked or dismantled vehicles a public nuisance. Staff recommended replacing Chapter 10.20 to add definitions to improve clarity, clarify the enforcement authority and make the abatement process consistent with the administrative citation process. Staff recommended that Council introduce and waive first reading of the ordinance, replacing Chapter 10:20 in its entirety.

Vice Mayor Gutierrez opened the public hearing.

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

Council Member Taylor asked what was done when the car had current tags but had been sitting there.

Senior Code Enforcement Officer, Berenice Arteaga, said she would contact the owner of the property and let them know a complaint had been received or noted that the vehicle appeared to be abandoned. The owner would need to show current registration and show the car operated.

Vice Mayor Gutierrez said she liked the separation between Code Enforcement and Police Department and felt the ordinance enforcement was consistent.

Motion: Introduced and waived the first reading of Ordinance 828 to regulate abandoned, wrecked, dismantled or inoperative vehicles or parts thereof, replacing Chapter 10.20 Abandoned Vehicles of the Brentwood Municipal Code in its entirety.
The City Clerk read the title of Ordinance 828.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

INFORMATIONAL REPORTS FROM STAFF - NONE (08:26 PM)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (08:26 PM)

Council Member Taylor had attended and thanked staff for the Veteran’s Park Memorial and new dog park opening. Starting June 30, 2006, July 4, 2006, he had requested people in the community bring roses from their gardens in dozens to be dropped off at the Veteran’s Memorial. It was an honor for those who have given the ultimate sacrifice to their country.

Vice Mayor Gutierrez thanked staff for their dedication with regard to Parks.

REQUESTS FOR FUTURE AGENDA ITEMS (08:29 PM)

Council Member Brockman requested to hear back on the issue of the flag on top of the water tower and said a corporation had offered to maintain and buy flags. He spoke about the Albertsons building and asked to give thought, discussion and research of feasibility costs to move into Albertsons as a city hall and do other infrastructure downtown.

Vice Mayor Gutierrez said she wanted the City to be unique and she asked how much money would be spent on a feasibility study for the Albertsons building. She did not want to spend any more money on a city hall. Based on everything that had been done on the Downtown Specific Plan and all changes to land, she did not want to spend a lot more money doing a feasibility study she felt would not be in the best location. She asked how much the feasibility study would cost.

Director of Community Development, Howard Sword, said staff could bring the information back to a City Council meeting.

City Manager, Donna Landeros, said staff could come back with pros and cons and not with a financial package of what it would take to retrofit the building. The City would be meeting with the School Board to get the overview of the Downtown Civic Plaza concept. There was a potential buyer for the Albertsons site and the people who owned the front part of the shopping center were very motivated to acquire Albertsons and re-tenant the shopping center.

Council Member Taylor said the City had been striving for the downtown area. He said he wasn't sure about the flag coming out of City funds.

Council Member Brockman said the flag would need to be brought back for discussion.

ADJOURNMENT

Motion: approve adjournment.
Moved by Brockman, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

Respectfully submitted,

Cynthia Garcia, CMC
Assistant City Clerk
 

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