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Meeting Minutes

ITEM 2

CITY OF BRENTWOOD
CITY COUNCIL MEETING 7/27 MINUTES
TUESDAY, JULY 27, 2004
COUNCIL CHAMBER, 7:00 P.M.

CALL TO ORDER (6:01 PM)
Roll Call
Present: Gutierrez; Petrovich; Swisher; Beckstrand; Hill

ADJOURN TO CLOSED SESSION (6:02 PM)
Closed Session pursuant to Gov’t Code 54957.6: Public Employment
Title: City Manager position

RECONVENE IN OPEN SESSION (07:04 PM)
Roll Call
Present: Gutierrez; Petrovich; Swisher; Beckstrand; Hill

PRESENTATIONS (07:05 PM)
A. Oath of Office for new Arts Commissioners Greg Ruiz and Doreen Forlow.

Council Member Beckstrand administered the Oath of Office.

B. Ana Gutierrez made a presentation on behalf of Village Drive Resource Center to Home Depot for their time and efforts made in revamping the Village Resource Center.

AGENDA REVIEW (07:11 PM)

Item 14 Resolution has been modified to reflect Lone Oak Court instead of Lone Oak Road.

Motion: Approve Agenda Review as recommended.
Moved by Petrovich, seconded by Gutierrez.

Vote: Motion carried 4-0.

Yes: Gutierrez; Petrovich; Swisher; Hill
Abstain: Beckstrand

CITIZEN COMMENTS (07:12 PM)
Kathy Sloan spoke about the Cornfest saying she felt that there was no security and other citizens could not even get into the Cornfest. She said there were not trained people and there should be a committee to work with the Police Department.

Peggy Schuitemaker and Emil Geddes spoke about the Wheelchair Foundation and announced that the Third Annual Drive for Mobility Golf Tournament to be held at Brentwood Golf Club on August 19, 2004. There would be a live and silent auction and she presented lanyards and asked for donations.

Angelo Armenio said he owned Sweeneys and explained a situation that he was concerned with that happened during Cornfest adding that he did not want this to go against his business license.

CONSENT CALENDAR (07:28 PM)

1. PULLED FOR DISCUSSION - Approve special meeting minutes of July 8, 2004. (K. Diaz)

2. Approved Resolution No. 2004-182 approving the Contract Documents and award the Construction Contract for the Sand Creek Road Wetland Mitigation Ponds, as part of the Sand Creek Road Project, CIP Project No. 336-3061, to Soil Enterprises, Inc. and authorize the City Manager to execute the agreement and necessary documents in the amount of $244,642, and grant the City Manager authority to execute change orders up to 10% of the contract amount.. (B. Grewal/P. Eldredge)

3. Authorized the City Manager to execute a Professional Services Agreement with Seifel Consultants, Inc., in an amount not to exceed $153,500 for the review and analysis of Ordinance 756. (H. Sword/E. Bonneville)

4. Approved Resolution No. 2004-183 authorizing payment of the final retention billing of $13,754, and a Resolution accepting the work performed by Comfort Dynamics, for the Installation of a 60 KW Co-generator at the Brentwood Family Aquatics Complex, CIP Project No. 522-5202, located on 195 Griffith Lane, and direct the City Clerk to file a Notice of Completion with the County Recorder. (C. Bronzan/K. De Silva)

5. Rejected the claim of Robert Clouthier presented on April 7, 2004 as recommended by the City’s third party adjuster, Contra Costa County Municipal Risk Management Insurance Authority and the City Attorney. (K. Diaz)

6. PULLED FOR DISCUSSION - Approve a Resolution agreeing to the assignment of all rights duties, and obligations created by a subdivision agreement, Subdivision No. 8470, from Mission Peak Homes, Inc. to Amber Park LLC (“Agreement”). (D. Beougher)

7. Approved a Lease Agreement for temporary use of a City parcel at Sunset Industrial Complex as a temporary construction site. (H. Sword/G. Rozenski)

8. Approved Resolution No. 2004-184 authorizing the City Manager to execute a Professional Services Agreement with Harris & Associates for pre-design reports and exhibits, right-of-way surveys, ongoing coordination with the California Department of Transportation (CalTrans) for the Brentwood Boulevard Widening-Central, CIP Project No. 336-3149, and authorize the City Manager to approve change orders up to 10% of the contract amount. (B. Grewal/R. Craig)

9. PULLED FOR DISCUSSION - Approve a Resolution approving the Contract Documents for Segment 1, Bid Package No. 1, for the State Route 4 Bypass project and authorize the City Engineer or his designee to approve future Contract Documents. (B. Grewal/P. Eldredge)

10. PULLED FOR DISCUSSION - Approve a Resolution authorizing the City Manager to execute the Second Amendment to Reimbursement Agreement between the Brentwood Redevelopment Agency, City of Brentwood and CL Land Investments. (H. Sword/G. Rozenski)

11. Waived second reading and adopted Ordinance No. 782 amending the schedule of City fees to incorporate a new rate for reclaimed water as supplied by the City of Brentwood. (P. Zolfarelli)

12. Approved Resolution No. 2004-185 to Fund CIP Project for Irrigation Computerized Control System (C. Bronzan/K. De Silva)

13. Approved Resolution Nol 2004-186 to reject all bids received for construction of the Zone 1 Reservoir 1.3, CIP Project No. 562-5630, proceed to re-advertise the project for bid and return to the City Council for award of the construction contract. (B.Grewal/P. Eldredge)

CONSENT CALENDAR ACTIONS:
Motion: Approve Consent Calendar Items 2 - 5, 7 - 8 and 11 - 13.
Moved by Gutierrez, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Gutierrez; Petrovich; Swisher; Beckstrand; Hill

1. Approve special meeting minutes of July 8, 2004. (K. Diaz)

Motion: Approve special meeting minutes of July 8, 2004.
Moved by Petrovich, seconded by Beckstrand.
Vote: Motion carried 3-0.
Yes: Gutierrez; Petrovich; Beckstrand
Abstain: Swisher; Hill

6. Approve a Resolution agreeing to the assignment of all rights duties, and obligations created by a subdivision agreement, Subdivision No. 8470, from Mission Peak Homes, Inc. to Amber Park LLC (“Agreement”). (D. Beougher)

Motion: Approve waived full reading and adopted Resolution No. 2004-187 as recommended.
Moved by Hill, seconded by Petrovich.
Vote: Motion carried 4-0.
Yes: Gutierrez; Petrovich; Beckstrand; Hill
Abstain: Swisher

9. Approve a Resolution approving the Contract Documents for Segment 1, Bid Package No. 1, for the State Route 4 Bypass project and authorize the City Engineer or his designee to approve future Contract Documents. (B. Grewal/P. Eldredge)

Motion: Approve waiving full reading and adopting Resolution No. 2004-188 as recommended.
Moved by Petrovich, seconded by Hill.
Vote: Motion carried 5-0.
Yes: Gutierrez; Petrovich; Swisher; Beckstrand; Hill

10. Approve a Resolution authorizing the City Manager to execute the Second Amendment to Reimbursement Agreement between the Brentwood Redevelopment Agency, City of Brentwood and CL Land Investments. (H. Sword/G. Rozenski)

Motion: Approve waived full reading and approved Resolution No. 2004-189 as recommended.
Moved by Hill, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Gutierrez; Petrovich; Swisher; Hill
Abstain: Beckstrand

PUBLIC HEARINGS (07:30 PM)

14. Consideration of a Resolution approving a street name change for the proposed easterly and westerly portions of the Old Sand Creek Road, from the intersection of O’Hara Avenue. (H. Sword/M. Leana)

Council Member Beckstrand declared a conflict due to the fact that she lived on the street and she left the Council Chamber.

Chief of Planning, Mike Leana, presented a staff report, noting that the Resolution had been modified, under Agenda Review, to reflect Lone Oak Court instead of Lone Oak Road.

Mayor Swisher asked if the title of the property needed to be changed when the street name was changed and he asked if residents would be compensated for Department of Motor Vehicle charges.

City Attorney, Dennis Beougher, stated that other cities would sometimes compensate residents for stationary changes.

Mayor Swisher opened the public hearing.

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

Motion: Approve waiving full reading and adopting Resolution No. 2004-190 approving a street name change as a result of the extension of O’Hara Avenue northerly from Sand Creek Road up to Lone Tree Way and the opening of Sand Creek Road from the Highway 4 Bypass to Brentwood Boulevard adding that all thirteen property owners would be compensated $100 by the developer for incidental expenses associated with the street name change.
Moved by Petrovich, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Gutierrez; Petrovich; Swisher; Hill
Abstain: Beckstrand

15. Continue to July 29, 2004, the public hearing to determine whether a material breach of Cable Television Franchise has occurred – Assignment of Franchise without the City’s approval. (D. Beougher)

Mayor Swisher opened the public hearing.

City Attorney, Dennis Beougher, stated that there would be a meeting on July 29, 2004 at 3:30 p.m.

Mayor Swisher noted that the public hearing was still opened and asked for any public comments.

Motion: Approve continuance of the public hearing to July 29, 2004, at 3:30 p.m.
Moved by Petrovich, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Gutierrez; Petrovich; Swisher; Beckstrand; Hill

16. Continue to August 10, 2004, consideration of a Zoning Ordinance Amendment (RZ 04-09) establishing a Farmers' Market as a conditionally permitted use in the Central Business (CB) District Zone and establishing standards for their review consistent with outdoor dining and/or merchandise displays in the CB Zone Right-of-way. (M. Leana/D. Beougher/H. Sword)

Director of Economic Development, Howard Sword, presented a staff report, requesting that the item be continued to August 10, 2004.

Mayor Swisher noted that the public hearing was still open and asked for public comments.

Rick Knoll noted that the first few weeks of the Farmers' Market were very good. After Cornfest, business profit dropped by 60 percent and some people had said that they would not come back to the Market since it had changed. He asked about having permanent signs installed encouraging people to go to the Farmers' Market to save the agrigulture in the City. The Market was a resource and he did not want it to die out.

Pat Lindsey said that the scope was to make the downtown viable. There was a parking problem downtown and the Market made it worse. The downtown citizens were not for outdoor dining and merchandising.

Richard Bates stated that a list of proposed food items was to be submitted from those running the Farmers' Market and and he did not have a list of items proposed to be sold. He asked to have the list in order to build a consensus as to what items could be sold at the Market.

Lynn Gursky, Gursky Ranch, said she believed that Council needed more backround. Harvestime Members had worked hard and promoting agriculture in City was what sold the Farmers Market. She said that the Farmers wanted to bring people into downtown it should be promote and celebrated since it was a community effort.

Council Members Petrovich and Hill said that they believed since this was a Chamber of Commerce event, the Chamber should decide what was appropriate since they were the operators.

Motion: Approve continuance of the public hearing to August 10, 2004.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Gutierrez; Petrovich; Swisher; Beckstrand; Hill

OLD BUSINESS

17. Consideration of a Resolution approving a seven-year Community Investment Grant to the Village Community Resource Center, effective August 1, 2004. (J. Stevenson/C. Bronzan)

Ike Montanez thanked the City for their support noting that their partnership with the Village Resource Center had provided much needed assistance to the community in the areas of medical, educational and social services. The investment had resulted in a stable community with lower crime rates, higher property values and a greater number of participating citizens and he added that essential services would continue to be provided.

Motion: Approve waiving full reading and adopting Resolution No. 2004-191 as recommended.
Moved by Hill, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Gutierrez; Petrovich; Swisher; Beckstrand; Hill

INFORMATIONAL REPORTS FROM STAFF - No action required

18. Subdivision No. 8831, “Visions at Brentwood”, located to the south of Lone Tree Way and east of Windy Springs Lane; Final Map Approval. (K. Diaz)

REQUESTS FOR FUTURE AGENDA ITEMS - None (08:05 PM)

ADJOURNMENT (08:05 PM)

Motion: Approve Adjournment to Thursday July 29, 2004 at 3:30 p.m.
Moved by Swisher, seconded by Hill.
Vote: Motion carried 5-0.
Yes: Gutierrez; Petrovich; Swisher; Beckstrand; Hill

Respectfully Submitted,


Cynthia Garcia, Assistant City Clerk


 

 

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