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CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, JANUARY 23, 2007
COUNCIL CHAMBER, 7:00 P.M.

CALL TO ORDER (07:00 PM)

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

AGENDA REVIEW - None (07:01 PM)

PRESENTATION (07:01 PM)

A. Presentation to Marna Huber for her service on the Contra Costa Transportation Authority Citizens Advisory Committee.

Marna Huber thanked Council for the opportunity to serve on the Contra Costa Transportation Authority Citizens Committee Advisory Committee and represent the City.

PUBLIC COMMENTS (07:02 PM)

Students from the Liberty High School Interact Club said they wanted to help the community with a community service project and requested ideas from Council. Council referred the students to staff.

CONSENT CALENDAR (07:05 PM)

1. Approved minutes of the City Council/Redevelopment Agency meeting of January 9, 2007. (M. Wimberly)

2. PULLED FOR DISCUSSION - Adopt a Resolution approving and authorizing the City Manager to execute a Professional Services Agreement with Loving & Campos Architects, Inc. for the final design of Fire Station No. 53, CIP Project No. 337-37030, in the amount of $255,500, plus a 10% contingency of $25,550, for a total amount of $281,050. (B. Grewal/A. Salam)

3. Adopted Resolution 2007-12 accepting the work performed by Grade Tech, Inc. for the American Avenue Extension (Widening Phase), CIP Project No. 336-31560, and directing the City Clerk to file the Notice of Completion with the County Recorder. (B. Grewal/B. Bornstein)

4. Adopted Resolution 2007-13 approving and authorizing the City Manager or designee to execute a Deferred Improvement Agreement between Robert and Claire Keith and the City of Brentwood for MS No. 356-05, located at the northwest corner of Windy Springs Lane and Amber Lane. (B. Grewal/J. Ward)

5. Adopted Resolution 2007-14 approving and authorizing the City Manager or designee to execute a Grant of Easement with East Bay Municipal Utility District (EBMUD) for the extension of Adams Lane, generally located between Lone Tree Way and Grant Street, east of O’Hara Avenue. (B. Grewal/J. Ward)

6. PULLED FOR DISCUSSION - Receive and file the 2006 Cornfest Evaluation Report. (H. Sword/G. Rozenski)

7. PULLED FOR DISCUSSION - Adopt a Resolution amending the 2006/07 Operating Budget and approving the recommended mid-year budget adjustments. (P. Ehler/K. Breen)

8. Approved procedure for items requested by Council Members under the Request for Future Agenda Items portion of the agenda; and adopted Resolution 2007-15 amending Council Policy 110-1 and adding Rule 13.A Procedure for Requests for Future Agenda Items. (K. Chew/M. Wimberly)

9. Agency - Authorized the Executive Director to execute a Professional Services Agreement with Gates & Associates to prepare the Downtown Streetscape Design Standards and Guidelines, in the amount of $81,345, authorize the Executive Director to execute change orders up to 10% of the contract amount, and approved Resolution RDA-120 authorizing the Agency Treasurer to use funds from the Redevelopment Agency of the City of Brentwood tax Allocation Bonds, Series 2001, to fund the Agreement. (H. Sword/G. Rozenski)

10. Approved RDA Warrant List dated January 23, 2007. (P. Ehler/L. Schelbert)

CONSENT CALENDAR ACTIONS: (07:05 PM)

Motion: Approve Consent Calendar Items 1, 3 - 5, and 8 - 10 as recommended.
Moved by Becnel, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

2. Adopt a Resolution approving and authorizing the City Manager to execute a Professional Services Agreement with Loving & Campos Architects, Inc. for the final design of Fire Station No. 53, CIP Project No. 337-37030, in the amount of $255,500, plus a 10% contingency of $25,550, for a total amount of $281,050. (B. Grewal/A. Salam)

Council Member Stonebarger asked about the increase from $180,000 for the previous contract to $280,000.

Director of Public Works/City Engineer, Bailey Grewal, said there were additional services that were not part of the previous contract, which totaled around an additional $90,000.

Motion: Adopt Resolution 2007-16 approving and authorizing the City Manager to execute a Professional Services Agreement with Loving & Campos Architects, Inc. for the final design of Fire Station No. 53, CIP Project No. 337-37030, in the amount of $255,500, plus a 10% contingency of $25,550, for a total amount of $281,050.
Moved by Stonebarger, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

6. Receive and file the 2006 Cornfest Evaluation Report. (H. Sword/G. Rozenski)

Redevelopment Manager, Gina Rozenski, presented a staff report and stated the first goal was to restructure the event to a more community-based, family event. There were no reported incidents by the Police and there was a higher net profit over the previous year. The second goal was to set up a structure to reimburse the City for the range of services provided to Cornfest and the goal had been achieved. The City would be reimbursed for Police, Public Works and Park and Recreation services.

Mayor Taylor said he felt Cornfest had turned out better this year and he asked how much money the City paid out.

Redevelopment Manager, Gina Rozenski, said the City had contributed $20,000 for fireworks and she expected the amount would increase over the next couple of years. The City had also contributed some of the fees and services from the Park and Recreation Department. Other services would be directly billed as costs were incurred. In response to Mayor Taylor asking about a year-to-year contract, she added the City was in negotiations for the 2007 Cornfest and the MOU would be used as a basis for the negotiations.
Council Member Richey said he believed it took a high degree of fortitude to scale back an event of that type and look at what was best for the community.

Redevelopment Manager, Gina Rozenski, said the event was to be a fundraising source for community-based non-profits, such as Soroptimist, Kiwanis Club, and the Rotary, and Liberty student organizations had received more money last year than in the past.

Council Member Brockman said the benefit was there were no police instances, compared to a drastic number of increases prior to 2006.
Motion: Receive and file the 2006 Cornfest Evaluation Report as recommended.
Moved by Taylor, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

7. Adopt a Resolution amending the 2006/07 Operating Budget and approving the recommended mid-year budget adjustments. (P. Ehler/K. Breen)

Council Member Brockman asked Accounting staff to present what City reserves were and how they were looking forward to the future relative to changes in the economy and how they were reacting to the changes.

Accounting Manager, Kerry Breen, said the City was in a good position and Council Policy was to have 30 percent in un-designated reserves, which could be used for emergencies or unforeseen events. A ten-year fiscal model would be prepared for Council and would include growth, inflation factors, and housing upswings and downturns. Finance had modeled a conservative forecast for the next ten years. The fiscal model would come up next month. The State was restoring cut backs from a couple of years ago and the City had seen funding from traffic congestion relief and mandated costs, and the State had agreed not to take any more sales taxes.

Mayor Taylor commented that it was reassuring to know the City was doing well.

Council Member Brockman asked if the model was from the software package purchased last year.

Director of Finance and Information Systems, Pam Ehler, said the software was not installed or implemented yet. The software would assist Finance in accounting and would keep the City ahead technologically. The City had been preparing for several years for the downturn in development and a 30 percent downturn had been anticipated and had been cut by 50 percent. Finance would hold a Capital Improvement Program workshop in April.

Motion: Adopt Resolution 2007-17 amending the 2006/07 Operating Budget and approving the recommended mid-year budget adjustments.
Moved by Brockman, seconded by Stonebarger.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

PUBLIC HEARINGS (07:18 PM)

11. Adopt a Resolution Approving the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP), the Related Implementing Agreement, the Related Joint Exercise of Powers Agreement Creating the East Contra Costa County Habitat Conservancy, and Adopting the Environmental Findings as Responsible Agency for the Final Environmental Impact Report for the HCP/NCCP; and Appoint a City Council Representative and Alternate To The East Contra Costa County Habitat Conservancy Board. (H. Sword/ W. Rhodes)

Senior Planner, Winston Rhodes, presented a staff report regarding the Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP), which provided regional conservation and development guidelines to protect natural resources and streamline the permit process for endangered species. The Plan addressed long-term conservation needs in the City and East Contra Cost County, and strengthened local control over land use. It also provided greater flexibility in meeting housing needs, transportation and economic growth. He provided a synopsis of the HCP/NCCP and said the efforts and 10-year planning process had demonstrated a high degree of regional cooperation between federal, state and local agencies. Staff recommended adopting a Resolution making findings to satisfy California Environmental Quality Act requirements and approve the HCP/NCCP document as well as revisions, corrections and updates to the document from December 19, 2006, and to approve the following two agreements: Implementing agreement for the Habitat Conservation Plan Natural Community Conservation Plan, including two revisions and a Joint Exercise of Powers Agreement creating East Contra Costa County Habitat Conservancy. He further recommended appointment of a Council representative and alternate to the East Contra Costa Habitat Conservancy Board.

John Kopchik provided a power point presentation and overview of the project. He said the parties involved had hope that regional planning for permits would be better for the community than permits by project. He spoke about the problem with project-by-project permitting, the public involvement process, timelines leading up to final HCP/NCCP, initial permit area for urban development, application priorities, recreation and other uses on preserves, infrastructure projects also proposed for coverage (Vasco Road widening), and a funding plan.

Council Member Richey asked about the role of staff in the Conservancy.

Senior Planner, Winston Rhodes, said each of the agencies had an elected official on the Board and the Board would have staff members to assist them. Staff would also be involved on the Implementing Committee. The Board of the Conservancy could decide if they wish to hire there own staff. Staff time would be involved and an implementing ordinance would need to be brought back to Council after regional permits were obtained. There needed to be a way for costs to be recuperated for time at the Planning counter and time working with the Conservancy staff.

Council Member Richey said the permitting and grant and land acquisition areas were the main issues. He felt there would be a lot of competing interests within the Conservancy and asked how the process would be handled.

Senior Planner, Winston Rhodes, explained that all the different cities in the County would sit on the Board and some would be driven by private owners. East Bay Regional Park District and Contra Costa Water District would be involved in transactions, and there were existing land trusts.

Mayor Taylor opened the public hearing.

Robert Doyle, East Bay Regional Park District, said the District did not get any direct benefit from the permit process and the value of the Plan was guaranteeing there would be a recreation component. The major purpose was to set aside land and protect the habitat of endangered species. He asked if there would be any land acquired next to existing parks and he requested there be a public access component, which included trails. Resources were needed to compete for State and Federal funds. This was an opportunity to preserve habitat, move economic development projects forward and provide additional recreation. East Bay Regional Park was committed to working together with partners in the Plan and pledged to help.

Seth Adams, Director of Land Programs, Save Mt. Diablo, said existing parks could be connected and wildlife corridors maintained. There were numbers of endangered and rare species, and overlaying that with economic development, there could be a conflict. Balance was necessary and the HCP would make the process more efficient and balance the preservation of natural resources with continuing economic development. He submitted a letter to Council, which listed the advantages of HCP and asked for Council approval.

Jim Gwerder said said a regional approach to conservation and funding made sense. A lot of hard work had gone into the document before Council and he believed every aspect had been looked at. He was confident the document before Council was good and he urged Council to move forward.

Richard Vermeer said he served on the stakeholders group, and represented the California Plant Society. He said the various interest groups expressed concerns and the groups were in the process of finalizing and establishing the HCP. Indian artifacts had been found and more was being learned about the history of the area. The HCP would allow the learning to continue through research and was an opportunity to learn and preserve. The entire character of East County would be changed and he felt the HCP would be critical and urged Council to vote positively.

Joan Douglas, Member of Friends of Marsh Creek Watershed, said she felt the HCP should be implemented and said this was a game plan that provided rules, kept jurisdictions in control, and streamlined permitting to get projects moving. Mitigation would be there and it created a quality habitat and provided a plan for future generations. She was in support of the Plan and was amazed at the collaborative effort across varied and diverse agendas. She urged Council to support and approve the HCP.

Sheila Larsen, Fish and Wild Life Service, said it was difficult for agencies and developers to do individual projects and this was a better way of doing business. It was a step forward for Fish and Wildlife Service to have this type of plan was much more competitive for future grants. Fish and Wildlife Service was committed to giving money for these types of plans, and she urged Council to adopt the Plan.

Carl Wilcox, Habitat Conservation Manager, Bay Delta Region, Department of Fish and Game, said the Plan provided a way for planned development to move forward in the area and achieve meaningful conservation through the process. The Department of Fish and Game was supportive of the Plan and would be moving forward to work with the conservancy to implement the Plan. Fish and Game would support and assist in obtaining future grants to meet the public financing portion. He asked Council to approve the NCP and associated documents.

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

Council Member Stonebarger said it was a positive, comprehensive Plan for East County and he was in support.

Council Member Brockman said he applauded ten years of effort in bringing the Plan together and was in favor.

Council Member Becnel said the agreement balanced a lot of competing interests and worked toward eliminating uncertainty on both sides. Regarding the environmentalist side, there was protected and unprotected species that would be preserved. The Plan was a contract between the parties to streamline the process and move forward and he expressed support.

Council Member Richey spoke regarding the amount of work involved over the last ten years and said it was a great program and expressed support.
Mayor Taylor said he had concerns when Oakley did not vote on the Plan and said he saw the Plan as good. He asked the City Attorney about the document.

City Attorney, Damien Brower, said the document had been drafted and reviewed by the stakeholders and attorneys from a number of jurisdictions. He was satisfied with the language it contained.


Mayor Taylor said the Plan was one of the best things to happen to East County and was a preservation for today as well as future generations.

Motion: Adopt Resolution 2007-18 adopting findings as a responsible agency related to the final Environmental Impact Report for the final East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP) and corrections and updates to the HCP/NCCP dated December 19, 2006, the related Implementing Agreement with changes, the Related Joint Exercise of Powers Agreement Creating the East Contra Costa County Habitat Conservancy.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

Motion: appoint Council Member Richey as City Council Representative and Council Member Stonebarger as alternate to the East Contra Costa County Habitat Conservancy Board.
Moved by Becnel, seconded by Brockman.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

OLD BUSINESS (08:21 PM)

12. Approve recommendations from Council Members Becnel and Brockman regarding committee scope and assignments: 1. Land Use & Development, 2. Neighborhood Improvement Committee, 3. Agricultural Enterprise, and 4. Vineyards. (D. Landeros)

City Manager, Donna Landeros, said Council Members met with staff to look at issues forthcoming to Council in next two to four years and to structure committees accordingly. The scope and staffing of the committees were looked at for overall effectiveness. There were four committees outlined with the scope to the committee and the Council liaison. On the Land Use and Development Committee, there would be two voting members of the City Council and two advisory, non-voting members of the Planning Commission.

Council Member Brockman recommended the following: Council Members Richey and Becnel, Neighborhood Improvement Committee; Council Members Brockman and Becnel, Land Use and Development; Mayor Taylor and Council Member Stonebarger, Agricultural Enterprise; and Mayor Taylor and Council Member Brockman, Vineyards.

City Manager, Donna Landeros, referred to the Neighborhood Improvement Committee and said the scope would be to re-evaluate policies and programs to improve City neighborhoods. The improvements would include public safety, property improvements, and behavior affecting other residents. The committee would have a liaison with Brentwood Advisory Neighborhood Commission.

Mayor Taylor requested public comments.

Jeni Greene said she had concerns in her neighborhood about rental properties and felt landlords were not being held accountable. There had been police activity at each rental and she asked what citizens and the City could do to resolve issues.

Mayor Taylor said the committee was being formed to help address neighborhood concerns.

Veronica Glad thanked Council Member Becnel who had agreed to meet with concerned citizens. She said there were problems with neighbors and a high rate of rentals and landlords not being held accountable. She asked how she could work with City to resolve issues.

Council Member Brockman said the two speakers could work with Director of Parks and Recreation, Craig Bronzan. The City was proactively working on issues and some ordinances had been created, which was the beginning. He corrected the recommendation on the Agricultural Enterprise Committee to Council Members Stonebarger and Brockman.

Council Member Richey said the residents had been heard and had lead to the formation of the Committee. The idea was that the Committee be community-driven and Council would be able to work through sensitive issues.

Council Member Stonebarger commented he was anxious for the group to get started due to the number of e-mails received on the topic.

Mayor Taylor said there were no objections to the recommendations and the right people were in the right spots to do the right job.

Motion: Approve recommendations from Council Members Becnel and Brockman regarding committee scope and assignments: 1. Land Use & Development, Council Members Brockman and Becnel 2. Neighborhood Improvement Committee, Council Members Becnel and Richey 3. Agricultural Enterprise, Council Members Brockman and Stonebarger 4. Vineyards, Mayor Taylor and Council Member Brockman.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

NEW BUSINESS (08:41 PM)

13. Update and discussion of the City’s Agricultural Enterprise Program. (H. Sword/L. Maurer)

Economic Development Manager, Linda Maurer, introduced Walter Keiser, Economic and Planning Systems.

Walter Keiser, Economic and Planning Systems, presented a five year review of the Agricultural Enterprise Program, a history of the Program’s establishment, funding and expenditures, accomplishments and future projections, challenges and policy options the City Council may consider. He referred to the urban limit line and said it was a fundamental issue. He asked Council to direct staff to make any changes.

Council Member Brockman said he liked the idea of policy considerations since it was discussed for the Vineyards to implement funding to increase the agricultural aspect of the vineyard to make it useful for wine, olive and other produce growers.

Mr. Keiser asked Council for direction and a list of ideas.

City Manager, Donna Landeros, said staff was looking for general feedback from Council to the new committee and staff working with the committee.

Mayor Taylor requested public comments.

Bruce Ghiselli, Chairman of the Brentwood Agricultural Land Trust (BALT), said BALT had submitted recommendations and challenges with the program and asked for comment. He asked if the subcommittee could work with the new committee to come up with a win-win situation. When BALT was formed and had never received definite guidelines, other than the ordinance that formed BALT. BALT had been working the past five years with willing sellers at certain property locations and had continued to work with willing buyers. He asked for the opportunity for BALT to work with the City subcommittee on the goal to preserve prime agricultural land.

Council Member Brockman asked consultant, Walter Keiser, to find out why discussions between interested parties had not worked out and if the following ideas should be discussed: the agricultural part of getting land acquisition, enterprise parts and funds being placed on something that could increase agricultrual sales and marketing within the local region, looking at land outside in the County or keeping it closer inside the core.

Mayor Taylor asked how specific Council should be with the item.

City Attorney, Damien Brower, said Council was here to discuss and provide guidance to the newly formed committee.

Council Member Becnel said the report had alternatives and options. He felt the subcommmittee ought to look at the entire ordinance, the process being used and its effectiveness. He was interested in looking at other alternatives for mitigating agriculture and for facilitating the retention of agriculture. There were other ways to encourage agriculture without buying land and he wanted to know from the subcommittee whether there were appropriate and legal alternatives.

Council Member Richey said he believed this was an opportunity to establish direction and he asked to hear from the committee what the benefits to the City were from agricultural mitigation and preservation, establishment of agricultural lands, and to support businesses run from those lands.

Mayor Taylor spoke about the Vineyards project and asked the committee to look at the diversification of what was to come in the future. The farming atmosphere was changing and he asked where the funds needed to be placed and what should be marketed. He felt grapes should be marketed as well as products with the Brentwood name in the forefront.

Council Member Stonebarger said there needed to be a full review of the Agricultural Enterprise Program, ordinance, policies, and timing, and said the City needed to look in the direction of promotional value.

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (09:21 PM)

Council Members Becnel, Brockman, Stonebarger, Richey and Mayor Taylor reported on their attendance at the NCW League of California Cities Council Member Academy in Sacramento.

Mayor Taylor reported his attendance at the Mayor’s Conference, first executive board meeting, and League of Cities dinner.

REQUESTS FOR FUTURE AGENDA ITEMS (09:30 PM)

Mayor Taylor requested a report on having youth groups present colors and pledge of allegiance.

Council Member Brockman requested a report on having invocations before Council meetings.

ADJOURNMENT (09:31 PM)
Motion: adjournment.
Moved by Becnel, seconded by Brockman.
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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