MINUTES
CITY OF BRENTWOOD
CITY COUNCIL MEETING
February 10, 2004
CALL TO ORDER
Roll Call (07:02 PM)
Present: Beckstrand; Gutierrez; Hill; Petrovich; Swisher
PRESENTATIONS (07:02 PM)
New Employee Introduction and Oath of Allegiance
Paul Zolfarelli introduced Jim Gallegos, Streets Manager, Public Works
Department.
Howard Sword introduced Ellen Bonneville, Housing Manager, Economic
Development.
Mayor Swisher administered the Oath of Office.
AGENDA REVIEW (07:07 PM)
Item 15 Determine whether a material breach of cable television franchise
has occurred – assignment of franchise without City’s approval. (Continued
from January 13, 2004).
Items 19, 20 & 21 Remove from the agenda as requested by staff.
Motion: Approve AGENDA REVIEW as submitted.
Moved by Hill, seconded by Beckstrand.
Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher
CITIZEN COMMENTS (07:08 PM)
Lynda Oliver stated that the City needed a new community center and that the
current plan was a stop gap measure until something more done.
CONSENT CALENDAR - Items 3, 6, 7 and 9 pulled for discussion. (07:09 PM)
1. Approved Minutes of January 27, 2003 as submitted. (K. Diaz)
2. Set the date of April 13, 2004 at 6:00 p.m. for a Workshop on the Capital
Improvement Program Budget. (P. Ehler)
3. Approve a Resolution accepting the offers of dedication in fee for Wolfe
Road, Centennial Place and Creek Road; accepting the offers of dedication
for easements for ingress and egress for emergency vehicles for parcels “A”
through “J” (private streets); accepting the offers of dedication for areas
marked as “Public Service Easement or “P.S.E.” for public use for public
services and utility purposes; accepting the offers of dedication for the
areas designated as “Storm Drain Easements” or “S.D.E.” for public use for
storm, flood and surface water drainage purposes; accepting the offers of
dedication for the areas designated as “Sanitary Sewer Easement” or “S.S.E.”
for public use for sanitary sewer line purposes as dedicated to the City of
Brentwood for public use as shown on the Final Map; accepting the subsurface
water rights relinquished on said Final Map and accepting public
improvements (waterlines, sanitary sewer, storm drain and fiber optics),
accepting the Subdivision Maintenance Bonds (Bond No. 929188969 in the
amount of $272,168.60 for in-tract improvements for Subdivision No. 8085A
Phase; Bond No. 6123057-0001 in the amount of $12,657.00 for Recreation
Center Improvements for Subdivision No. 8085A Phase; Bond No. 929188970 in
the amount of $342,417.30 for in-tract improvements for Subdivision No.
8085B Phase) and releasing the Subdivision Performance and Payment Bonds for
Subdivision No. 8085 (Phase A and Phase B), “Summerset at Brentwood Country
Club” by Pulte Home Corporation, located south of Balfour Road and east of
the Fairview Avenue extension and just south of ECCID Main Canal. (B.
Grewal/E. Kim/D. Boskovic) (07:10 PM)
Motion: Approve waiving full reading and adopting Resolution No. 2004-29 as
recommended by staff.
Moved by Gutierrez, seconded by Hill.
Vote: Carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich
Abstain: Swisher
4. Accepted the City of Brentwood Arts Commission Annual Report for 2003.
(C. Bronzan)
5. Approved Resolution No. 2004-27 authorizing the City Manager upon city
ownership of the 9100 Brentwood Boulevard location, to execute an agreement
for design services for the New Police Station with Kaplan McLaughlin Diaz (KMD)
in an amount not to exceed $676,363, and authorize the City Manager to
execute change orders within a 10% contingency limit, and amend the CIP
Project Budget Sheet to reflect the budget limits associated with the design
and construction of the New Police Station, CIP Project No. 337-3142. (B.
Grewal/M. Huber/H. Sword/M. Davies/K. King)
6. Approve a Resolution to approve and adopt the proposed speed limits for
various segments of roadways. (B. Grewal/S. Peiris) (07:10 PM)
Council Member Hill expressed concerns about a crosswalk in a 35 to 40 mph
roadway. If those roadway sections were reviewed, he was in favor of
adopting the resolution.
City Engineer, Bailey Grewal, informed that more locations could be included
in the survey and Resolution.
Motion: Approve waving full reading and adopting Resolution No. 2004-30
approving and adopting the proposed speed limits for various segments of
roadways. (B. Grewal/S. Peiris)
Moved by Hill, seconded by Petrovich.
Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher
7. Reject the claim for defense and indemnity presented by Ryder Homes in
the case of Dawn Michelle McDaniels v. Ryder Homes, et al. – Contra Costa
County Superior Court, Case No. C03-00255 as recommended by the City
Attorney and the City’s third-party insurance adjuster, Contra Costa County
Municipal Risk Management Insurance Authority (CCMRMIA) (K. Diaz) (07:14 PM)
Motion: Approve rejection of the claim per staff recommendation.
Moved by Petrovich, seconded by Hill.
Vote: Carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich
Abstain: Swisher
8. Rejected the claim submitted by John and Ann Lenoci on December 19, 2003
as recommended by the City Attorney. (K. Diaz)
9. Rejected the claim presented by Veronica Roche as recommended by the City
Attorney. (K. Diaz) (07:14 PM)
Motion: Approve rejection of the claim as presented.
Moved by Petrovich, seconded by Hill.
Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher
10. Rejected the claim presented by Melissa M. Sutter as recommended by the
City Attorney. (K. Diaz)
11. Approved the appointment of Ronald Fugazzi to the Library Board as the
City’s representative to the Contra Costa County Library Commission. (K.
Diaz)
12. That the Mayor, with the approval of the City Council, re-appoint
incumbent, Ray Shipley, to the City Planning Commission for a two-year term
expiring December 31, 2005. (K. Diaz)
13. Approved Resolution No. 2004-28 supporting the Local Taxpayers and
Public Safety Protection Act statewide ballot initiative requiring voter
approval before the State could reduce funding for local services or shift
more costs to local government. (J. Stevenson)
14. Set the date of February 17, 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. (K. Diaz)
CONSENT CALENDAR ACTIONS (07:10 PM)
Motion: Approve CONSENT CALENDAR Items 1 - 2, 4 - 5, 8 and 10 - 14 as
recommended by staff.
Moved by Petrovich, seconded by Hill.
Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher
15. Determined whether a material breach of cable television franchise has
occurred — assignment of franchise without city’s approval. (Continued from
January 13, 2004). (D. Beougher) (07:15 PM)
David Kinley, Kinley & Associates, said he had been retained to determine
whether there had been a material breach of the franchise agreement by
Comcast of California IV Inc. He read and asked that the item be admitted
into the evidentiary record of the proceeding along with the document
entitled "Staff Report Concerning Material Breach regarding Cable Television
Franchise" and "Issuance of Demand for Cure" including draft Findings of
Fact, dated February 10, 2004.
Motion: Approve continuance of the public hearing to March 9, 2004.
Moved by Beckstrand, seconded by Hill.
Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher
Motion: Approve acceptance of the evidence as presented, including the
submitted documents as presented by Mr. Kinley.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher
16. Approve a Resolution amending the 2003/2004 Cost Allocation Plan and
schedule of City fees adopted by Resolution No. 2969, revising the Brentwood
Education and Technology Center (BETC) Business and Technology Incubator
Rent Structure. (H. Sword) (07:31 PM)
Economic Development Director, Howard Sword, presented a staff report noting
that the net increase in charge to $3.50 per square foot would be sufficient
to cover operating expenses bringing expenses of the technology incubator
into balance.
Mayor Swisher opened the public hearing.
Motion: Approve closing the public hearing.
Moved by Hill, seconded by Petrovich.
Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher
Motion: Approve waiving full reading and adopting Resolution No. 2004-31 as
recommended by staff.
Moved by Petrovich, seconded by Hill.
Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher
17. Approve a Resolution adopting the City of Brentwood 2004 Development Fee
Program to fund public facilities and amending Resolution No. 2969 revising
the 2003/2004 Cost Allocation Plan and Schedule of City Fees. (B. Grewal/L.
Vargas) (07:33 PM)
Item 17
City Engineer, Bailey Grewal, presented a staff report noting that the state
of the art Development Fee Program paid for the required infrastructure
identified in the City's general plan. This annual review required by the
general plan ensured that the new development fees conformed with the
statutory requirements of AB 1600 and the development fee program
represented more than $648 million in total costs of capital improvements
for the build out of the City.
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
Council Member Gutierrez asked if wastewater fees would be based on the fee
allocation.
Engineer Grewal stated that it would and that it would be less if the area
was annexed into the City.
Council Member Beckstrand commented that she was in favor of the Library
line item.
Motion: Approve waiving full reading and adopting Resolution No. 2004-32 as
recommended by staff.
Moved by Hill, seconded by Gutierrez.
Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher
OLD BUSINESS (07:39 PM)
18. Consideration of Parks and Recreation Commission recommendation related
to Oak Meadow Park located in the SunCal development adjacent to the Krey
Elementary School on the northeast corner of Foothill Drive and Crawford.
(C. Bronzan) (07:39 PM)
Director of Parks and Recreation, Craig Bronzan, presented a staff report
and history regarding Oak Meadow Park noting that the Park needed to be used
until Sunset was ready. Staff had met with neighbors and suggested nine
recommendations to the Parks & Recreation Commission. Moving the lights
would not be good and the City would not want to limit future light
opportunities for build out. He stated that the Parks & Recreation
Commission had supported the nine recommendations from staff. He requested
Council direction and asked if Oak Meadow was intended for lighted ball
fields or if lights should it be removed, and if it did not have lights, it
would reduce the future capacity for other activities.
Mayor Swisher opened the item for public comments.
The following citizens expressed concerns such as noise, traffic, overflow
parking, reductions in property values and safety and were not in favor of
the recommendations: Wayne Francis, James Fritts, Jr., Joan Wenters, Lana
Olehy, Jon Munro, Mark Claybrooks, Marilyn Samuels.
James Helming asked that all people be considered and Jeff Schults was in
favor of the Parks and Recreation Commission recommendation.
Council Member Gutierrez asked that Council look at build out. She said that
the developer should have taken responsibility as was planned and fulfill
certain requirements before moving on. In the future, there would need to be
adult recreation for the community. Moving the lights would take away from
the 10-acre park would create a lack of parks. She could see moving the time
to another hour and was supportive of staff recommendation.
Council Member Beckstrand said she believed that there was due diligence and
disclosure presented by the title company. The park had been planned for a
number of years to serve the community and she did not see how the City
could make concessions since it would take away from the general plan, which
was outlined years ago.
Council Member Petrovich said that 11:00 p.m. was too late and that he was
concerned about traffic in the neighborhood and public situations. The
lighting should go off at a reasonable hour and there should be no
loitering.
Mayor Swisher said that 11:00 p.m. was unreasonable since it was adjacent to
residential. There was a large adult softball league and Sunset would assist
with the leagues when it opened in one year. If the park was designated
youth, it would need to be earlier.
Council Member Hill said the Park was a community amenity and that 9:00 p.m.
was sufficient during weekdays. City parks were open and used by the
community and there was not the luxury of designating youth parks. The City
had to proceed with the park and could change the hours on the lights but
could not remove them. The park system was being delivered for the benefit
of the residents and he asked to reduce the hours to 9:00 p.m. during the
week.
Director Bronzan said that softball leagues may need to be cancelled,
effective immediately, regarding the 9:00 p.m. time for lights during the
week.
Motion: Approve the staff and Parks and Recreation Commission recommendation
related to Oak Meadow Park located in the SunCal development adjacent to the
Krey Elementary School on the northeast corner of Foothill Drive and
Crawford, limiting the light use Sunday through Thursday until 9:00 p.m.
Moved by Gutierrez, seconded by Beckstrand.
Vote: Carried 4-1.
Yes: Beckstrand; Gutierrez; Hill; Swisher
No: Petrovich
CITIZEN COMMENTS - None. (08:57 PM)
INFORMATIONAL REPORTS FROM STAFF - No action required
19. Subdivision No. 8556: Final Map approval. (K. Diaz) Pulled from the
agenda as requested by staff.
20. Subdivision No. 8557, Providence Place; Final Map approval. (K. Diaz)
Pulled from the agenda as requested by staff.
21. Subdivision No. 8697, Sand Creek 2; Final Map approval. (K. Diaz) Pulled
from the agenda as requested by staff.
22. Subdivision No. 8659, Brookfield Unit 10; Final Map approval. (K. Diaz)
No action required.
23. Subdivision No. 8426, Garin Landing; Final Map approval. (K. Diaz) No
action required.
INFORMATIONAL REPORTS FROM COUNCIL MEMBERS - None. (08:57 PM)
REQUESTS FOR FUTURE AGENDA ITEMS - None. (08:57 PM)
ADJOURNMENT (08:58 PM)
Motion: Approve ADJOURNMENT at 8:57 p.m.
Moved by Swisher, seconded by Gutierrez.
Respectfully Submitted,
Cynthia Garcia
Assistant City Clerk |
