MINUTES
CITY OF BRENTWOOD
CITY COUNCIL MEETING
March 09, 2004
CALL TO ORDER CITY COUNCIL (05:15 PM)
Present: Beckstrand; Petrovich; Swisher
Absent: Gutierrez; Hill
ADJOURN TO CLOSED SESSION (5:16 P.M.)
Conference with Legal Counsel - Existing Litigation Pursuant to Gov’t Code §
54956.9(a):
JP Morgan Chase Bank v. City of Brentwood, et al.; Case No.: C03-02948
CLOSED SESSION ADJOURNED (5:20 P.M.)
COUNCIL RECESSED UNTIL 7:00 P.M.
Council reconvened to open session at 7:04 p.m. with Council Members
Beckstrand, Gutierrez, Petrovich and Mayor Swisher present. Council Member
Hill absent.
PRESENTATIONS (07:05 PM)
A. New Employee Introductions and Oath of Allegiance
Director of Finance and Information Systems, Pam Ehler, introduced new
employees, Kerry Breen and Jennifer Schultz. Police Chief, Michael Davies,
introduced new Police Officers Anthony Bustillos, Johnny Hobson, Jr.,
Richard McEachin, Amber Reiger and David Sischo.
B. Recognition award to Jan Melloni, Alice Kamers, Mary Hannigan and Bill
Weber for their service on the Arts Commission.
Plaques were presented to the retiring Commissioners by Mayor Swisher on
behalf of the City. Commissioner Melloni was not present.
C. Announcement of Youth Commission Job Faire.
Tom Burt, Recreation Services Supervisor, announced the First Annual Youth
Commission Job Fair on March 20, 2004, from 11:00 p.m. to 1:00 p.m. A short
video presentation was made and two members of the Commission were present
and commented.
AGENDA REVIEW (07:20 PM)
Item 3 Remove from the agenda as requested by staff.
Item 7 Revised fiscal impact portion of the staff report.
Item 19 Addition of language to the recommendation and Resolution.
Item 21 Correspondence regarding Contra Costa County Flood Control District.
Motion: Approve Agenda Review as submitted by staff.
Moved by Petrovich, seconded by Beckstrand.
Vote: Carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill
CITIZEN COMMENTS (07:21 PM)
Bill Putman announced a St. Patrick's Day Dinner on March 13, 2004 at the
Community Center from 4:30 to 8:00 p.m. and tickets were available through
the Chamber of Commerce and Parks & Recreation Department.
Mike Graziadei spoke in favor of Consent Calendar Item 11 noting that the
residents of Summerset were pleased with the plan.
Len Del Chiaro spoke regarding the traffic at Walnut Acres Mobile Home Park,
explaining that tenants had almost gotten hit and the problem was getting
worse. Police assistance had not slowed the traffic down. The sound wall was
never done even though the money had been paid by Lucky and Albertsons.
City Manager, John Stevenson, said that there had been a grant for the sound
wall, which was moved north onto Brentwood Boulevard. He said staff would
look into it with the widening of Walnut.
Barbara Williams asked that Consent Calendar Item No. 9 be placed on hold
since she and her neighbors had issues that had not been addressed by the
developer. She presented a petition regarding the sound wall and expressed
concerns about a third phase being approved.
Karen Kops spoke on behalf of H.A.L.O. and asked for Council support in the
form of publicity for the annual Ramble Round the Reservoir.
CONSENT CALENDAR ITEMS 2, 3, 4, 5, 7, 9 and 10 pulled for discussion (07:37
PM)
1. Approved Minutes of February 24, 2004 and the Special Meeting held
February 19, 2004 as submitted. (K. Diaz)
2. Approve a Resolution authorizing the City Manager to execute a contract
with Myles Sexton in an amount not to exceed $6,000 per year for the rental
of parcel APN #01316002 that houses the free cardboard drop-off bins. (P.
Zolfarelli) Pulled for discussion
3. Authorize City Manager to execute contracts for the purchase of new
Mobile Data Computers, data radios, and related software upgrades for use by
the Police Department (P. Ehler/Y.Cho/M. Davies/K. King) Removed from the
agenda per agenda review.
4. Approve a Resolution to enter into an agreement between the City of
Brentwood and Johnson & Associates LLC to conduct a citywide classification
and compensation study. (K. Stein) Pulled for discussion
5. Approve a Resolution approving a Reimbursement Agreement with Western
Pacific Housing Subdivision No. 8395, located north of Sand Creek Road and
east of Fairview Avenue, for costs associated with Master Plan Facility
Improvements. (B. Grewal/L. Vargas) Pulled for discussion
6. Approved the request from East Contra Costa County Homeless Animals'
Lifeline Organization (H.A.L.O.) for city co-sponsorship of the Sixth Annual
Ramble 'Round the Reservoir. (K. Diaz)
7. Approve a Resolution authorizing the City Manager to execute a contract
with the Gibson Salmon Group for architectural services for the New City
Hall, CIP Project No. 337-3139, and for the New Police Station, CIP Project
No. 337-3142, in an amount not to exceed $150,000, and authorize the City
Manager to approve change orders up to 10% of the contract amount. (H.
Sword/M. Huber) Pulled for discussion
8. Approved Resolution No. 2004-41 authorizing staff to temporarily close
Chestnut Street from Third Street to Garin Parkway for twenty (20) working
days for the construction of all necessary utility connections. (B.
Grewal/P. Eldredge/R. Craig) Swisher abstained
9. Approve a Resolution accepting the Improvements for Subdivision No. 8369,
Tuscany Unit 3, by Beck Properties Inc., located south of San Jose Avenue
and east of the Hwy 4 Bypass. (B. Grewal/D. Boskovic) Pulled for discussion
10. Approve a Resolution accepting Improvements for Subdivision No. 8480,
Deer Ridge Country Club, Village B-2-A, by Western Pacific Housing Inc.,
located south of Balfour Road and west of Foothill Drive. (B. Grewal/D.
Boskovic) Pulled for discussion
11. Approved Resolution No. 2004-42 to adopt the proposed lane configuration
with striping changes in the vicinity of Central Boulevard and Rosebrook
Court; and authorizing only school children to use bicycles on the sidewalk
on Central Boulevard between Apple Hill Drive to Rosebrook Court only
between the hours of 7:30 a.m. to 8:30 a.m. and 2:30 p.m. to 3:30 p.m. (B.
Grewal/S. Peiris)
12. Approved the re-appointment of Steve Padgett to the Planning Commission
for a two-year term expiring December 31, 2005. (Mayor Swisher)
13. Accepted the resignation of Bill Weber from the Arts Commission. (C.
Bronzan)
CONSENT CALENDAR ACTIONS (07:38 PM)
Motion: Approve Consent Calendar Items 1, 6, 8 and 11 - 13, as recommended
by staff.
Moved by Beckstrand, seconded by Petrovich.
Vote: Carried 4-0
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill
2. Approve a Resolution authorizing the City Manager to execute a contract
with Myles Sexton in an amount not to exceed $6,000 per year for the rental
of parcel APN #01316002 that houses the free cardboard drop-off bins. (P.
Zolfarelli)
Motion: Approve waiving full reading and adopting Resolution No. 2004-43 as
recommended by staff.
Moved by Petrovich, seconded by Beckstrand.
Vote: Carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill
4. Approve a Resolution to enter into an agreement between the City of
Brentwood and Johnson & Associates LLC to conduct a citywide classification
and compensation study. (K. Stein)
In response to Council Member Petrovich, Assistant City Manager, Karen
Stein, stated that the study was included in the bargaining negotiations.
Motion: Approve waiving full reading and adopting Resolution No. 2004-44 as
recommended by staff.
Moved by Beckstrand, seconded by Swisher.
Vote: Carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill
5. Approve a Resolution approving a Reimbursement Agreement with Western
Pacific Housing Subdivision No. 8395, located north of Sand Creek Road and
east of Fairview Avenue, for costs associated with Master Plan Facility
Improvements. (B. Grewal/L. Vargas)
Motion: Approve waiving full reading and adopting Resolution No. 2004-45 as
recommended by staff.
Moved by Petrovich, seconded by Gutierrez.
Vote: Carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill
Abstain: Swisher
7. Approve a Resolution authorizing the City Manager to execute a contract
with the Gibson Salmon Group for architectural services for the New City
Hall, CIP Project No. 337-3139, and for the New Police Station, CIP Project
No. 337-3142, and authorize the City Manager to approve change orders up to
10% of the contract amount. (H. Sword/M. Huber) (07:41 PM)
Director of Economic Development, Howard Sword, said there were technical
issues with the Police Department that he needed assistance with and
recommended the consultant.
Council Member Petrovich stated that he was not in favor of the New City
Hall project and he asked for two motions.
Motion: Approve waiving full reading and adopting Resolution No. 2004-46
authorizing the City Manager to execute a contract with the Gibson Salmon
Group for architectural services for the New City Hall, CIP Project No.
337-3139, and authorize the City Manager to approve change orders up to 10%
of the contract amount.
Moved by Gutierrez, seconded by Swisher.
Vote: Carried 3-1.
Yes: Beckstrand; Gutierrez; Swisher
No: Petrovich
Absent: Hill
Motion: Approve waiving full reading and adopting Resolution No. 2004-47
authorizing the City Manager to execute a contract with the Gibson Salmon
Group for architectural services for the New Police Station, CIP Project No.
337-3142, in an amount not to exceed $150,000, and authorize the City
Manager to approve change orders up to 10% of the contract amount.
Moved by Beckstrand, seconded by Swisher.
Vote: Carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill
9. Approve a Resolution accepting the Improvements for Subdivision No. 8369,
Tuscany Unit 3, by Beck Properties Inc., located south of San Jose Avenue
and east of the Hwy 4 Bypass. (B. Grewal/D. Boskovic)
City Attorney, Dennis Beougher, stated that Council could delay the item and
ask for more information since this was a ministerial act.
Barbara Williams said that with regard to the sound wall, the study was done
before the Bypass was open. The Bypass was very loud and busy. She asked for
a soundmeter to be done and asked that the item be placed on hold.
Council Member Beckstrand asked if Council could work with the residents.
City Attorney Beougher said Council could work with the residents and staff
could report back. There was no problem in continuing the item and staff
could report back when the information was available.
10. Approve a Resolution accepting Improvements for Subdivision No. 8480,
Deer Ridge Country Club, Village B-2-A, by Western Pacific Housing Inc.,
located south of Balfour Road and west of Foothill Drive. (B. Grewal/D.
Boskovic)
Motion: Approve waiving full reading and adopting Resolution No. 2004-48 as
recommended by staff.
Moved by Beckstrand, seconded by Petrovich.
Vote: Carried 3-0.
Yes: Beckstrand; Gutierrez; Petrovich
Abstain: Swisher
Absent: Hill
PUBLIC HEARINGS
14. Continue the public hearing to April 13, 2004 to determine whether a
material breach of cable television franchise has occurred - assignment of
franchise without City's approval. (D. Beougher)
Motion: Approve continuance of the public hearing to April 13, 2004, as
recommended by staff.
Moved by Petrovich, seconded by Beckstrand.
Vote: Carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill
15. Consider a Resolution amending the Master Fee Schedule for Solid Waste
Enterprise Rates for Fiscal Years 2005-2009 and accepting the Solid Waste
Rate Study as prepared by R.W. Beck. (P. Zolfarelli) (07:52 PM)
Director of Public Works, Paul Zolfarelli, presented a staff report,
recommending fee increases per year at 4 %, 3%, 3%, 3% and 2% through the
years 2008/09. He recommended that the rate increase in fiscal year 2009
continue in order to have the 30 percent in reserves.
Mayor Swisher opened the public hearing.
Motion: Approve closing the public hearing.
Moved by Swisher, seconded by Beckstrand.
Vote: Carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill
Mayor Swisher said he believed that price increases were too aggressive even
though the City needed to prepare for a new transfer station. He noted that
62 percent of the residents were recycling and he asked why the recycle bins
were picked up every two weeks instead of every week. He felt that the blue
cans should be picked up every week and did not believe residents should be
charged a vacation hold fee not to pick up the trash.
Council Member Petrovich said he did not have a problem with the rate
increase.
Director of Finance and Information Systems, Pamela Ehler, stated that
people were not billed when they were gone and that it was an administrative
fee since the account would be closed and need to be reopened.
Council Member Gutierrez asked if the percentages for rate increase could be
staggered and Director Zolfarelli said it could be done.
Solid Waste Manager, Jon Carlson, said City would outgrow the current
transfer site in the next five years and that the landfill was one hour
round trip and a new transfer site was needed.
In response to Council Member Beckstrand, Director Ehler said it would dip
into the reserves even though it could be done.
Director Zolfarelli said it could be three percent.
Motion: Approve waiving full reading and adopting Resolution No. 2004-49,
with rates at three percent across the board and doing away with the
vacation fee.
Moved by Swisher, seconded by Gutierrez.
Vote: Carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill
16. Waive first reading and adopt an Ordinance amending Municipal Code
Section 8.16.100 approving mandatory refuse service for residential and
non-residential property. (P. Zolfarelli) (08:14 PM)
Public Works Director, Paul Zolfarelli, presented a staff report.
Mayor Swisher opened the public hearing.
Peter Wolfe said that he was concerned about non residential improved
property under the ordinance. He said he hoped that things would remain as
they were and he wondered if he would continue if he were not in violation.
Motion: Approve closing the public hearing.
Moved by Swisher, seconded by Beckstrand.
Vote: Carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill
Council Member Gutierrez said she was not in support of the ordinance.
Director Zolfarelli asked if Council wanted Public Works staff to go back
and bring forth more options and Mayor Swisher said he would like staff to
bring back additional options.
Council Member Beckstrand asked that the ordinance be re-crafted to accept
the exceptions.
City Manager Stevenson said staff would go back and redo the ordinance and
it would not be brought back at the next Council meeting. No action was
taken.
17. Review the Residential Growth Management Program (RGMP) Allocation
application, by The Vineyards at Marsh Creek, LLC, requesting a multi-year
1,223 unit allocation with a five year anticipated buildout period (2004 –
2008). (M. Oshinsky/J. Zilm) (08:23 PM)
Senior Planner, Jeff Zilm, presented a staff report and overhead projection.
Mayor Swisher opened the public hearing.
Motion: Approve closing the public hearing.
Moved by Swisher, seconded by Beckstrand.
Vote: Carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill
In response to Council Member Gutierrez, Planner Zilm stated that senior
homes did not create the same needs in the City as single family homes did.
He informed that seniors could have duets and apartments.
Council Member Gutierrez asked that a modification be made on the number of
units.
Director of Community Development, Mitch Oshinsky, explained the RGMP
process that the project had been through.
Council Member Petrovich said he was not in favor of the RGMP and he asked
that the energy efficiency be moved up.
In response to Council Member Beckstrand, Senior Planner Zilm said that the
maximum number of units was 1,750 and it was a low and very low density.
Council Member Beckstrand said that the winery would preserve the land and
she noted that the agreement with the State for a State Park in the City
would balance the ratio of 1.5 units. She said she hoped that conditions of
approval had been reviewed by the Bypass Authority.
Motion: Approve waiving full reading and adopting Resolution No. 2004-50 as
recommended by staff.
Moved by Swisher, seconded by Petrovich.
Vote: Carried 3-1.
Yes: Beckstrand; Petrovich; Swisher
No: Gutierrez
Absent: Hill
18. Waive second reading and adopt Ordinance No. 772 regulating motion
picture theater uses. (M. Oshinsky/H. Sword)
Motion: Approve waiving second reading and adopting Ordinance No. 772
regulating motion picture theater uses. (M. Oshinsky/H. Sword)
Moved by Beckstrand, seconded by Gutierrez.
Vote: Carried 3-1.
Yes: Beckstrand; Gutierrez; Swisher
No: Petrovich
Absent: Hill
19. Consider a Resolution selecting one of the three 50% schematic designs
for the New City Hall Project and direct staff to move forward with the full
design of the project based on the design criteria as presented during the
City Council Workshop for the New City Hall, CIP Project No. 337-3139. (H.
Sword/M. Huber) TO BE CONTINUED TO THE ADJOURNED MEETING OF MARCH 11, 2004.
Motion: Approve continuance of the schematic designs for the New City Hall
Project to the adjourned meeting of March 11, 2004, at 4:00 p.m. as
recommended by staff.
Moved by Swisher, seconded by Beckstrand.
Vote: Carried 3-1.
Yes: Beckstrand; Gutierrez; Swisher
No: Petrovich
Absent: Hill
20. Consideration of a Resolution supporting the Extension of the Measure C
Sales Tax. (M. Oshinsky) (08:57 PM)
Motion: Approve waiving full reading and adopting Resolution No. 2004-51
supporting the Extension of the Measure C Sales Tax. (M. Oshinsky)
Moved by Petrovich, seconded by Beckstrand.
Vote: Carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill
CITIZEN COMMENTS (09:01 PM) - None
INFORMATIONAL REPORTS FROM STAFF – No action required
21. Informational Report on Subdivision No. 8588, Sunset Industrial Complex;
Final Map Approval. (K. Diaz)
INFORMATIONAL REPORTS FROM COUNCIL MEMBERS - None
REQUESTS FOR FUTURE AGENDA ITEMS (09:01 PM)
Council Member Beckstrand asked for the issue of regional baseball to return
to the agenda in two weeks.
ADJOURNMENT (9:04 P.M.)
Motion: Approve Adjournment to Thursday, March 11, 2004, at 4:00 p.m.
Moved by Swisher, seconded by Gutierrez
Vote: Carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Absent: Hill
Respectfully submitted,
Cynthia Garcia
Assistant City Clerk |
