ITEM 3

CITY OF BRENTWOOD
CITY COUNCIL MEETING MINUTES
THURSDAY, JULY 29, 2004
COUNCIL CHAMBER, 7:00 P.M.

CALL TO ORDER ADJOURNED REGULAR MEETING (3:32 P.M.)

Roll Call
Present: Petrovich; Swisher; Beckstrand; Hill
Absent: Gutierrez

ADJOURN TO CLOSED SESSION (3:32 P.M.)

At 4:47 P.M., Council Member Hill left the Council Chambers.

RECONVENE IN OPEN SESSION (4:49 P.M.)

Roll Call
Present: Petrovich; Swisher; Beckstrand
Absent: Gutierrez; Hill

CLOSED SESSION REPORT - None (04:49 PM)

AGENDA REVIEW - None. (04:49 PM)

CITIZEN COMMENTS - None (04:49 PM)

NEW BUSINESS (04:49 PM)

1. Review of Comcast’s compliance with City Ordinances, and consideration of a Resolution declaring a continuing Material Breaches of Franchise, imposing forfeitures, and authorizing City Manager to issue a 20-day Notice of Public Hearing for Termination, and set the public hearing date for August 19, 2004 at 4:00 p.m. (D. Beougher)

City Attorney, Dennis Beougher, said staff recommended that the item be continued to August 24, 2004, instead of August 19, 2004 and that the public hearing be continued as well.

Motion: Approve continuance to August 24, 2004, at regular City Council meeting time, Item 1, which was to determine whether a material breach had taken place.
Moved by Petrovich, seconded by Beckstrand.

Mayor Swisher asked for public comments.

Johnnie Giles, Comcast, said there was not time to have proper legal representation because of the late notice. He did not have ample time to review the report prepared by B & B. He was disturbed by how the process rolled out and said he appreciated having the hearing extended so that the two parties could sit down and discuss the issue under less formal proceedings. With regard to the non-compliance issues, Comcast had responded to the City and he believed that Comcast had corrected everything that had been identified. Comcast was going through the process and had been going through the process prior to notice from the City to drive out all locations in the City, both aerial plant and house ground and to begin a corrected plan. He said he was willing to discuss those issues with the City at the earliest convenience.

Vote: Motion carried 3-0.
Yes: Petrovich; Swisher; Beckstrand
Absent: Gutierrez; Hill

Motion: Approve Adjournment
Moved by Swisher, seconded by Petrovich.
Vote: Motion carried 3-0.
Yes: Petrovich; Swisher; Beckstrand
Absent: Gutierrez; Hill

PUBLIC HEARINGS (04:53 PM)

2. Continued public hearing to determine whether a material breach of Cable Television Franchise has occurred – Assignment of Franchise without the City’s approval. (D. Beougher)

Motion: Approve continuance of the public hearing to August 24, 2004.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 3-0.
Yes: Petrovich; Swisher; Beckstrand
Absent: Gutierrez; Hill

REQUESTS FOR FUTURE AGENDA ITEMS - None (04:54 PM)

ADJOURNMENT (04:54 PM)

Motion: Approve adjournment
Moved by Swisher, seconded by Petrovich.
Vote: Motion carried 3-0.
Yes: Petrovich; Swisher; Beckstrand
Absent: Gutierrez; Hill

Respectfull Submitted,


Cynthia Garcia, Assistant City Clerk