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Meeting Minutes

MINUTES
CITY OF BRENTWOOD
CITY COUNCIL MEETING
January 13, 2004

CALL CITY COUNCIL MEETING TO ORDER (07:05 PM)

Roll Call
Present: Council Members Beckstrand; Gutierrez; Hill; Petrovich; Mayor Swisher
Absent: None
PRESENTATIONS
New employee introductions and oath of allegiance. Craig Bronzan, Director of Parks and Recreation, introduced Michelle Inglis, John Waters and Roger Stromgren.

Public Works Director, Paul Zolfarelli, introduced Anthony Altadonna and Troy Jacquez.

Police Chief, Mike Davies, introduced New Police Officers Justin Luo, Joshua Moore and Matt Bell.

Mayor Swisher administered the oath of office to new employees. AGENDA REVIEW

Item 7 Revised staff report and resolution.

Item 11 Remove from the agenda as requested by staff.

Item 27 Additional correspondence.
Correspondence concerning CFD #3.

Following Public Hearing agenda Item 30: Removed from Agenda Review per staff request.

Motion to waive the 72-hour posting requirement of the Brown Act and to add the following item to the agenda on the basis that the item came to the attention of staff after the agenda was posted (Government Code 54956.9(b):

Conference with Legal Counsel – Anticipated Litigation pursuant to Government Code Section 54956.9(b): one case

Motion: Approve Agenda Review as submitted excluding the request for closed session after Item 30. Moved by Hill, seconded by Gutierrez.
Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher
CITIZEN COMMENTS
Barbara Guise invited senior citizens to the Senior Coalition Seminar noting that there would be speakers and other activities.
CONSENT CALENDAR - Items 2, 12, 16 and 20 pulled for separate action
1. Approved Minutes of December 9, 2003. (K. Diaz)

3. Approved Resolution No. 2004-01 authorizing the submittal of a grant proposal to be funded by the State of California Bicycle Transportation Account, fiscal year 2004/05 and authorizing the City Manager and/or City Engineer to execute and submit all documents which may be necessary.

4. Rejected claim presented by Irma Pantoja. (K. Diaz)

5. Rejected claim presented by Dennis Cordova. (K. Diaz)

6. Rejected the claim presented Rosia Carter. (K. Diaz)

7. Approved Resolution No. 2004-02 Accept bids and award contract in the amount of $137,540 to Comfort Dynamics Inc. for the installation of the co-generator at Brentwood Family Aquatics Complex, CIP Project 522-5202. (C. Bronzan/K. DeSilva)

8. Approved Resolution No. 2004-03 authorizing the City Manager to enter into an agreement with Club One at Brentwood to affect additional wellness benefits for City employees. (J. Stevenson)

9. Approved Resolution No 2004-04 establishing the creation of a Project Services Division within the Engineering Department and adopt a resolution to establish the compensation and classification descriptions for a Project Services Manager and a Project Services Specialist. Eliminate the Engineering Contract/Project Manager classification from the classification series and compensation plan. (J. Stevenson/K. Stein)

10. Approved Resolution No 2004-05 to adopt the Policy and Procedures for City Information Systems and Communications. (P. Ehler/Y. Cho/G. Leech)

11. Approve a Resolution authorizing a six-month leave of absence without pay. (J. Stevenson/K. Stein) Removed from the agenda as requested by staff.

13. Approved Resolution No. 2004-06 authorizing and approving the application for grant funds from the Per Capita Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. (P. Ehler/K. Wahl/C. Bronzan/J. Hansen)

14. Approved Resolution No. 2004-07 authorizing and approving the application for grant funds from the Roberti-Z’Berg-Harris Block Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. (P. Ehler/ K. Wahl/ C. Bronzan/ J. Hansen)

15. Waived second Reading and adopted Ordinance 769 amending Municipal Code Section 17.100.005, the secondary housing unit ordinance, to establish criteria in compliance with State legislation.

17. Approved Resolution No. 2004-08 approving the purchase of Century Industries MSM3200 “Showmaster Series” Mobile Sound Accoustical Shell Stage in the Amount of $124,879. (C. Bronzan/P. Scherff)

18. Set the date of January 27, 2004 at 5:30 p.m. in the City Council Chambers to hold a Joint Planning Commission/City Council Workshop to review the progress of the Empire Triangle, Brentwood Boulevard and Downtown Specific Plans. (H. Sword)

19. Approved Resolution No. 2004-09 awarding contract for the City Park Play Area, CIP Project No. 522-5226 to Indio’s Construction, Inc. in the amount of $286,500 and authorizing the City Manager to execute the agreement and necessary documents and authorize change orders up to 10% of the contract amount. (C. Bronzan/J. Hansen)

21. Approved Resolution No. 2004-10 authorizing the City Manager to execute a Professional Services Agreement for the programming of the Water Distribution Telemetry/SCADA System and Well Disinfection System Upgrade, CIP Project No.’s 562-5620 and 562-5624, to Control Manufacturing Company, Inc. and authorize the City Manager to execute change orders up to 10% of the contract amount. (B. Grewal/P. Eldredge)

22. Approved Resolution No. 2004-11 authorizing the City Manager to execute a contract change order with Associated Right of Way Services, Inc. for $54,000, and approve change orders up to 10% of the contract amount for the Walnut Boulevard Widening, CIP Project No. 336-3056. (B. Grewal/P. Eldredge)

23. Authorized the City Manager to enter into an agreement with the Liberty Union High School District for the joint use projects at Heritage High School of a 50-meter pool, gymnasium and office-storage space. (C. Bronzan/D. Beougher)

24. Approved Resolution 2004-12 amending the 2003/04 Budget. (P. Ehler)
Motion: Approve Consent Items 1, 3-10, 13-15, 17-19 and 21-24 as recommended by staff. Moved by Petrovich, seconded by Gutierrez. Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher 2. Approved Minutes of Special Meeting held December 15, 2003. (K. Diaz)
Motion: Approve Minutes of Special Meeting held December 15, 2003 as submitted. Moved by Hill, seconded by Beckstrand. Vote: Carried 4-0.
Yes: Beckstrand; Hill; Petrovich; Swisher
Abstain: Gutierrez

12. Approved Resolution No. 2004-13 authorizing submittal of a grant proposal to the State of California Resources Agency for the FY 04/05 Environmental Enhancement and Mitigation Program. (P. Ehler/K. Wahl/C. Bronzan/J. Hansen/B. Grewal)
Motion: Approve waiving full reading of and approving Resolution No. 2004-13. Moved by Hill, seconded by Gutierrez.
Vote: Carried 4-0.
Yes: Gutierrez; Hill; Petrovich; Swisher
Abstain: Beckstrand

16. Waive second reading and adopt Ordinance No. 770 approving a Rezone (RZ 03-15) to modify the permitted uses section of Subarea “C” within the Planned Development (PD) No. 12 Zone, located on the east side of Brentwood Boulevard, south of Balfour Road. (M. Oshinsky/E. Nolthenius)

Motion: Approve waving of full reading and adopting Ordinance No. 770 as recommended by staff. Moved by Gutierrez, seconded by Beckstrand.

Vote: Carried 3-0.
Yes: Beckstrand; Gutierrez; Swisher
Abstain: Hill; Petrovich

20. Approve a Resolution for the addition of the Grant Street School Roadway Improvements Project, CIP Project No. 336-3146, to the City’s 2003/04 – 2007/08 Capital Improvement Program (CIP) and also authorize the City Manager to execute a Professional Services Agreement with Milani & Associates for the design of Grant Street School Roadway Improvements in the amount of $495,350, and authorize change orders up to 10% of the contract amount. (B. Grewal/B. Bornstein)
Motion: Approve adoption and waive full reading of Resolution No. 2004-14 as recommended by staff. Moved by Petrovich, seconded by Hill. Vote: Carried 4-0.
Yes: Gutierrez; Hill; Petrovich; Swisher
Abstain: Beckstrand PUBLIC HEARINGS

25. Consider a Resolution amending the 2003-04 Master Fee Schedule/Cost Allocation Plan adopted by Resolution No. 3013 regarding recreation fees. (C. Bronzan/P. Scherff/T. Clark)
Parks and Recreation Director, Craig Bronzan, did not recommend raising fees at the pool since families would need to re-buy tickets. It would be more convenient for families to have a pass to the center and he recommended that the fee be $200.

Mayor Swisher opened the public hearing. Motion: Approve closing the Public hearing. Moved by Swisher, seconded by Hill. Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher Motion: Approve adoption and waive full reading of Resolution No. 2004-15 as recommended by staff. Moved by Petrovich, seconded by Hill. Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher
26. Consideration of a Resolution amending the 2003-04 Master Fee Schedule/Cost Allocation Plan adopted by Resolution No. 3013 regarding development fees for Second Units. (M. Oshinsky/M. Leana)
Mike Leana, Chief of Planning, stated that concerns had been raised by the RGMP Subcommittee on the amount and magnitude of fees that may be discouraging second units. Planning and engineering staff worked on the size of units and fees. The City did not have control over the school fee, fire fees and Highway 4 Bypass fees. The City Engineer had spoken with the Bypass Authority who was working on an analysis of the fees and in the interim, would charge only half of the normal fee. The schools would continue to charge the commercial rate fee, which was 37 cents per square foot and the fire fee was $296.00 and was minimal.

Council Member Hill asked if the Bypass Authority could cut the fee in half.

City Engineer, Bailey Grewal, stated that the Bypass Authority would work on the fee for the second unit and would take the request to the Board.

Mayor Swisher opened the public hearing. Motion: Approve closing the public hearing. Moved by Petrovich, seconded by Hill.
Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher
Motion: Approve adoption and waive full reading of Resolution No. 2004-16 as recommended by staff. Moved by Hill, seconded by Beckstrand. Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher

27. Consideration of a Resolution annexing territory to Community Facilities District #3, calling a special election and approve a Resolution determining the results of said special election. (B. Grewal/D. Galey)
Engineering Services Specialist, Debra Galey, presented a staff report regarding annexation of territory to CFD #3. She explained that each property owner within the territory to be annexed into the district had been mailed a ballot and a consent and waiver form waiving the time requirement for the special election. At the close of the public hearing, the special election ballots would be tabulated, if the required two thirds vote in favor, the proposed territory would be annexed into CFD #3 and be subject to the special tax.

Mayor Swisher opened the public hearing. Motion: Approve closing the Public Hearing Moved by Swisher, seconded by Beckstrand. Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher Staff reported that 290 ballots had been returned and all votes were yes. Motion: Approve adoption and waive full readings of Resolution No. 2004-17 annexing territory to Community Facilities District #3, calling a special election, and Resolution No. 2004-18 determining the results of said special election. Moved by Swisher, seconded by Petrovich.
Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher

28. Consideration of Resolution approving the Engineer’s Report and confirming the formations and annexations within the Consolidated Landscaping and Lighting Districts for Mid Year Fiscal Year 2003-04. (B. Grewal/D. Galey)

Engineering Services Specialist, Debra Galey, presented a staff report noting that in accordance with the Lighting and Landscaping Act of 1972 and Proposition 218, the resolution was the final step for approving the Final Engineers Report of the City Landscape and Lighting Assessment districts. The ballots along with notices, identified the maximum assessment rate, improvements and improvements to be maintained were mailed to the affected property owners and would be tabulated after the close of public hearing.

Mayor Swisher opened the public hearing.

Motion: Approve Closing Public Hearing Moved by Petrovich, seconded by Hill.
Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher

Mayor Swisher noted that Council would move to Item 29 and return to Item 28 when the ballots had been tabulated.

29. Consideration of an Ordinance amending the development standards for Planned Development No. 56 allowing for an increase in the square footage designated for retail uses within Subareas A and B for the Sunset Industrial Park. (M. Oshinsky/J. Zilm)
Associate Planner, Jeff Zilm, presented a staff report and noting that the guidelines previously setup for the Sunset Industrial Park had been approved and that the intent of the park had changed. He explained that staff wished to change the development guidelines to accommodate the new businesses interested in the park and Subareas A, B and C had been changed. If there was a need to go above 50% of the area, businesses could petition for a conditional use permit. Business not to be used by the public should not have any public access.

Mayor Swisher opened the public hearing.
Motion: Approve Closing the Public Hearing Moved by Petrovich, seconded by Hill. Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher

Motion: Approve introduction and waive full reading of Ordinance No. 771 as recommended by staff. Moved by Petrovich, seconded by Hill. Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher
28. Staff reported the results of the special election.

Motion: Approve adoption and waive full reading of Resolution No. 2004-19 as recommended by staff. Moved by Swisher, seconded by Hill.
Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher
At 7:47 p.m., City Council recessed. The meeting reconvened with all Council Members present.
30. Determine whether a material breach of cable television franchise has occurred — assignment of franchise without city’s approval. (D. Beougher)
City Attorney, Dennis Beougher, stated that this hearing was to determine if there was a material breach and noted that he would remain neutral.

David Kinley, Kinley and Associates, explained that the hearing was set pursuant to Resolution No. 3051 and was to determine whether there had been a material breach of the City’s franchise with Comcast if California IV or Televents of East County, Inc. The purpose of the hearing was to receive evidence from the representatives of Comcast regarding whether there had been a material breech of the franchise agreement by the transfer of the franchise from a Nevada Corporation to a Wyoming Corporation without notice to or consent of the Council. He requested that the public hearing be continued to a date not yet determined and he added that the City had retained special counsel on the matter, Bill Marticorena, Rutan and Tucker.

Mayor Swisher opened the public hearing.

Stephanie Phillips, Comcast of California IV, Inc. introduced Jeffery Jacobs, Comcast of Counsel. Ms. Phillips said that the City Attorney could not be a prosecutor in relation to the case and asked that Michelle Kenyon be the legal Counsel on the material breach matter. She submitted a copy of a Comcast brief and supporting documentary evidence for the record, and read a prepared statement.

Mayor Swisher Opened the public hearing.

Motion: Approve continuance of the public hearing to a date uncertain. Moved by Hill, seconded by Petrovich.
Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher CITIZEN COMMENTS - None
INFORMATIONAL REPORTS FROM COUNCIL MEMBERS
Council Member Hill reported that the Community Chest raised in excess of $30,000 netting approximate $27,000 and the monetary and volunteer support was great. He reported that 500 families had meals and toys for the holidays. REQUESTS FOR FUTURE AGENDA ITEMS
As a result of Council Member Hill’s comments concerning contribution limits in the earlier workshop, Mayor Swisher asked that the item be placed on a future agenda.

ADJOURNMENT (08:38 PM)

Respectfully submitted,

Cynthia Garcia
Assistant City Clerk

 

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