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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