CITY OF BRENTWOOD
CITY COUNCIL MEETING MINUTES
TUESDAY, JUNE 22, 2004
COUNCIL CHAMBER, 7:00 P.M.

ADJOURN TO CLOSED SESSION (5:45 PM)
Roll Call
Present: Beckstrand; Gutierrez; Hill; Petrovich
Absent: Swisher

Conference with Legal Counsel - Existing Litigation pursuant to Gov’t Code § 54956.9(a):
City of Brentwood v. Andrade, et al.; Contra Costa County Superior Court Case No. C02-03373

6:00 P.M. - Conference with Legal Counsel - Anticipated Litigation pursuant to Gov’t Code § 54956.9(b): Comcast franchise renewal

ADJOURNMENT - 6:35 PM

CALL TO ORDER (07:03 PM)
Roll Call
Present: Beckstrand; Gutierrez; Hill; Petrovich
Absent: Swisher

CLOSED SESSION REPORT

Vice Mayor Beckstrand reported that the City settled the Court Case of Andrade, et al., in the amount of $625,000. The vote was 4 - 0, Mayor Swisher absent.

PRESENTATIONS (07:03 PM)

A. Recognition of outgoing Youth Commissioners for years of service.

B. Proclamation declaring July as Recreation and Parks Month.

C. Update from Brentwood P.A.L. Board regarding collaboration with the City of Brentwood. (C. Bronzan/P. Scherff)

AGENDA REVIEW (07:17 PM)
Agenda Review

Item 5 - Revised staff report and Resolution.

Item 24 - New staff report and Resolution include fees.

Item 26 - Public hearing and Resolution are no longer necessary due to total compliance.

Motion: Approve AGENDA REVIEW
Moved by Petrovich, seconded by Gutierrez.

Vote: Carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich

CITIZEN COMMENTS (07:18 PM)
David Navarette invited everyone to the first Farmer's Market on June 24, 2004, from 4:30 p.m. to 8:00 p.m. and he encouraged non-profit organizations to participate. The Farmer's Market would be held up until the end of September. He announced that the Contra Costa County Wine Growers Association would have a wine tasting event at Shadow Lakes on July 23, 2004.

CONSENT CALENDAR (07:20 PM)

1. Approved Minutes of June 8, 2004. (K. Diaz)

2. Rejected claim submitted by Dadra Mitchell. (K. Diaz)

3. Approved Resolution No. 2004-138 in support of Americans for National Parks sponsored by the National Parks Conservation Association. (J. Stevenson)

4. Approved Resolution No. 2004-139 approving a Purchase Agreement with Candelario Barragan for real property, generally located on the south side of Lone Tree Way between Fairview Avenue and O'Hara Avenue for the Lone Tree Way - Union Pacific Undercrossing Project, CIP Project No. 336-3134. (B. Grewal/M. Sullivan)

5. Approved Resolution No. 2004-140 to include the Landscaping Project for Water (Potable) Production Facilities into the 2004/05 – 2008/09 Capital Improvement Program and amend the 2003/04 – 2007/08 CIP Budget Sheet. (B. Grewal/P. Eldredge/R. Craig)

6. Approved Resolution No. 2004-141 authorizing the City Manager to execute contract term amendments for time extensions for professional design/service agreements. (B. Grewal/M. Huber)

7. Approved Resolution No. 2004-142 authorizing the destruction of certain obsolete records for the City Clerk’s Department. (K. Diaz/C. Garcia)

8. Approved Resolution No. 2004-143 authorizing the City Manager to enter into a Professional Services Agreement with Vali Cooper & Associates, Inc., for Parks and Recreation Inspection Services for new development and Capital Improvement Projects in the amount of $321,300, and authorize the City Manager to approve change orders up to 10% of the contract amount. (C. Bronzan/J. Hansen)

9. Approved Resolution No. 2004-144 accepting the improvements for Subdivision No. 8088, Brentwood Country Club, by Pulte Home Corporation, located south of Wolf Road and east of Fairview Avenue. (B. Grewal/D. Boskovic)

10. Approved Resolution No. 2004-145 accepting the improvements for Subdivision No. 8089A, Brentwood Country Club, by Pulte Home Corporation, located north of Concord Avenue and east of Fairview Avenue. (B. Grewal/D. Boskovic)

11. Approved Resolution No. 2004-146 accepting the work performed by S.J. Amoroso Construction Co., Inc., and Pacific Mechanical Corporation, a Joint Venture, for the construction of the Wastewater Treatment Plant Expansion Project, CIP Project No. 592-5911. (B. Grewal/P. Eldredge)

12. Approved Resolution No. 2004-147 accepting improvements for Subdivision No. 8482, Deer Ridge Country Club, Village B-3, by KB home, located south of Balfour Road and west of St. Andrews Drive. (B. Grewal/D. Boskovic)

13. Approved Resolution No. 2004-148 accepting the improvements for Subdivision No. 8483, Deer Ridge Country Club, Village C, by KB Home, located south of Balfour Road and east of St. Andrews Drive. (B. Grewal/D. Boskovic)

14. Approved Resolution No. 2004-149 amending the Fiscal Year 2004/05 Budget to include the Affordable Housing and Housing Enterprise Fund. (H. Sword/E. Bonneville)

15. Approved Resolution No. 2004-150 approving the contract documents and awarding the construction contract for the 2004 Pavement Management Program, CIP Project No. 336-3083. (P. Zolfarelli/ J. Gallegos)

16. Approved Resolution No. 2004-151 electing to establish a health benefit vesting requirement for future retirees under Public Employees’ Medical and Hospital Care Act and approve Resolution No. 2004-152 amending Memoranda of Understanding for the Brentwood Police Officers’ Association, Employees’ Association (Miscellaneous Office and Public Works Divisions), as well as agreements for Management and Mid-Management Employees. (J. Stevenson)

17. PULLED FOR DISCUSSION - Approve a Resolution for a joint use theater facility agreement at Edna Hill School between the City of Brentwood and Brentwood Union School District. (C. Bronzan)

18. Approved Brentwood Pony Baseball League request for $2,770 for hosting a regional tournament. (C. Bronzan)

19. Waived second reading and adopted Ordinance No. 781 approving a rezone request (RZ 03-06) to change approximately 46.7 acres, located west of O’Hara Avenue between Neroly Road and Lone Tree Way, from Single Family Residential (R-1) and Moderate Density Multi-Residential (R-2) Zones to Planned Development 59 including the adoption of specific development standards. (H. Sword/W. Rhodes)

20. Approved Resolution No. 2004-153 authorizing the write off of uncollected water, sewer and solid waste accounts, in the amount of $21,720.95. (P. Ehler/D. Dwyer)

21. PULLED FOR DISCUSSION - Approve Resolutions pertaining to the November 2, 2004 Consolidated General Municipal Election. (K. Diaz)

22. Approved Resolution No. 2004-154 approving a Tax Sharing Agreement between the City of Brentwood and Contra Costa County for the Vineyards at Marsh Creek. (H. Sword/M. Leana)

CONSENT CALENDAR ACTIONS (07:21 PM)

Motion: Approve Consent Calendar items 1-16, 18 -20 and 22 as recommended.

Moved by Petrovich, seconded by Gutierrez.
Vote: Carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich

17. Approve a Resolution for a joint use theater facility agreement at Edna Hill School between the City of Brentwood and Brentwood Union School District. (C. Bronzan)

Members of the Brentwood Union School District spoke in support of the state of the art joint use theater facility agreement, which would provide opportunities for students and the community.

Motion: Approve waiving full reading and adopting Resolution No. 2004-155 as recommended.
Moved by Hill, seconded by Gutierrez.

Vote: Carried 4-0.
Yes:

Beckstrand; Gutierrez; Hill; Petrovich

21. Approve Resolutions pertaining to the November 2, 2004 Consolidated General Municipal Election. (K. Diaz)

Motion: Approve waiving full reading and adopting Resolution Nos. 2004-156, 2004-157 and 2004-158 pertaining to the November 2, 2004 Consolidated General Municipal Election as recommended.

Moved by Gutierrez, seconded by Beckstrand.
Vote: Carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich

PUBLIC HEARINGS (07:27 PM)

23. Consider a Resolution approving the Final Engineer’s Reports and confirming the formation and annexations within the Consolidated Landscape and Lighting Assessment Districts and Citywide Park Maintenance District No. 98-1 to levy assessments for Fiscal Year 2004-05. (B. Grewal/D. Galey)

Item 23

Engineering Services Specialist, Debra Galey, presented a staff report, noting that ballots, along with notices identifying the maximum assessment rate and improvements to be maintained, had been mailed to property owners effected by new formations for annexations. Ballots would be tabulated after the close of the public hearing.

Council Member Hill asked if the City was adequately thinking about replacement of infrastructure or plantings since it would be costly.

City Engineer, Bailey Grewal, stated that staff had included the decorative wall into the estimate and had not collected for a replacement; however, had kept a reserve fund.

Vice Mayor Beckstrand opened the public hearing.

Motion: Approve closing the public hearing.
Moved by Hill, seconded by Gutierrez.
Vote: Carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich

Engineering Services Specialist, Debra Galey, reported that all ballots were yes votes.

Motion: Approve waiving full reading and adopting Resolution No. 2004-159 as recommended.
Moved by Petrovich, seconded by Hill.
Vote: Carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich

24. Consider a Resolution amending the 2003/2004 Master Fee Schedule/Cost Allocation Plan adopted by Resolution No. 2969 for rental of the Mobile Stage and Portable Bleachers and adopting a usage policy for this equipment. (C. Bronzan/P. Scherff)

Director of Parks and Recreation, Craig Bronzan, presented a staff report, noting that there should be rules for the use, maintenance and moving of the stage.

Vice Mayor Beckstrand opened the public hearing.

Motion: Approve closing public hearing.
Moved by Hill, seconded by Gutierrez.
Vote: Carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich

Council Member Hil noted that this was a non profit versus a flat fee and he asked if the flat fee covered City costs 100 percent and if the City assumed net loss for the actual costs for the non profits to use it.

Director Bronzan stated that the flat fee covered City costs and the non profit rate was at the lower end in covering costs.

Motion: Approve waiving full reading and adopting Resolution No. 2004-160 as recommended.
Moved by Hill, seconded by Gutierrez.
Vote: Carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich

25. Consider a Resolution renewing the Annual Sewer Service Standby Charge and Approve a Resolution renewing the Annual Water Service Standby Charge on Vacant Parcels of Land within the City Limits. (B. Grewal/D. Galey)

Engineering Services Specialist, Debra Galey, presented a staff report, explaining that approval of the Resolution would initiate the fiscal year water and sewer standby charges.

Vice Mayor Beckstrand opened the public hearing.

Motion: Approve closing the public hearing.
Moved by Hill, seconded by Petrovich.
Vote: Carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich

Motion: Approve waiving full reading and adopting Resolution No. 2004-161 and Resolution No. 2004-162 as recommended.
Moved by Hill, seconded by Beckstrand.
Vote: Carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich

26. Consider a Resolution confirming the existence of a public nuisance by reason of keeping noxious weeds, creating a potential fire hazard, and authorizing staff to contract for abatement of parcels in noncompliance, 14 days from the date of this hearing. (H. Sword/R. Bienemann)

Vice Mayor Beckstrand noted that Item 26 was pulled under Agenda Review and did not need a public hearing due to 100 percent compliance.

NEW BUSINESS (07:38 PM)

27. Discussion of potential offsite council meetings at the request of Council Member Petrovich. (J. Stevenson)

City Manager, John Stevenson, stated that offsite meetings were something that had been done in the past and everytime the CIty had met offsite there was a large community turnout. He said if Council wished to conduct offsite meetings, they would need to direct staff to move forward.

Council Member Petrovich named the various locations where offsite meetings had previously been held.

Vice Mayor Beckstrand noted that a staff member from Information Services could video tape the meetings for City archives.

Council Member Gutierrez said having offsite meetings would bring out more people and she asked to have diverse locations for a diverse population.

Carey Hutchison, President of the homeowners association at Summerset II, said that the group felt it was desireable to have meetings offsite and would welcome the opportunity to set this up. He noted that the recreation center would be available and he expressed his support in holding offsite meetings.

Council Member Petrovich added that meetings would be open to the general public and Mr. Hutchison said he was aware of that.

Council Member Hill said it was about the community and that meetings needed to taken to the community once every quarter. The meetings needed to be publicized if they were held in another location.

Council directed staff to set up offsite meetings to be held once every quarter, bringing back to Council a recommendation for locations and a schedule.

CITIZEN COMMENTS - None.

INFORMATIONAL REPORTS FROM STAFF - No action required.

28. Subdivision No. 8561, Rose Garden, located north of Lone Tree Way and east of the Union Pacific Railroad; Final Map Approval. (K. Diaz)

29. Subdivision No. 8534, Cedarwood, located north of Sycamore Avenue and east of Brentwood Boulevard; Final Map Approval. (K. Diaz)

30. Subdivision No. 8490, Village G-3, located to the north and south of Spyglass Drive and west of Concord Avenue; Final Map Approval. (K. Diaz)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (07:46 PM)
Vice Mayor Beckstrand said that Caltrans had been negotiating with the Bypass Authority for amenities with regard to Segment 1A of the Bypass, which connected the Bypass to Highway 4 in Oakley. The Bypass Authority would be able to award bid, which came in $2 million under the Engineer's estimate.

REQUESTS FOR FUTURE AGENDA ITEMS (07:49 PM)
Council Member Hill requested a staff report regarding City watering practices in the landscape medians.

ADJOURNMENT (07:50 PM)
Motion: Approve adjournment.
Moved by Beckstrand, seconded by Hill.
Vote: Carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich

Respectfully Submitted,

Cynthia Garcia, Assistant City Clerk