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Meeting Minutes

ITEM 1

CITY OF BRENTWOOD
CITY COUNCIL MEETING MINUTES
TUESDAY, AUGUST 10, 2004
COUNCIL CHAMBER, 7:00 P.M.

CALL TO ORDER (5:04 PM)

ADJOURN TO CLOSED SESSION (5:05 PM)

Adjourn to Closed Session pursuant to Government Code 54957.6 for the purpose of interviewing consultants to conduct the recruitment for the City Manager’s position.

Conference with Legal Counsel
Anticipated Litigation concerning Comcast franchise renewal pursuant to Gov’t Code § 54956.9(b).

RECONVENE IN OPEN SESSION (7:04 PM)

CLOSED SESSION REPORT - None

PRESENTATIONS (07:08 PM)

A. Recognizing Danica Northend, Eric Bridges and Mitchell Kell for developing the Vasco Road public service announcement.

Jeff Altman announced that today marked one year without any fatalities on Vasco Road. Construction would begin next week and the Senate Bill for the double fine zone would go through the Appropriations Committee at Capitol. He recognized Danica Northend, Eric Bridges and Mitchell Kell for creating and producing the public service announcement, which would be airing in a couple of weeks.

Mayor Swisher expressed the City's appreciation.

AGENDA REVIEW - None (07:14 PM)
CITIZEN COMMENTS (07:14 PM)
Bill Putman announced that a Country Western BBQ, sponsored by Delta Community Services, would be held August 28, 2004 from 4:30 to 8:00 p.m.

Melanie Shelby, PG & E, invited Council on August 19, 2004 from 10:30 to 11:30 a.m., to Pioneer School, located at 1020 Shady Willow Lane. to participate in a press conference and the unveiling of solar panels.

Barbara Guise announced that the groundbreaking for the thrid phase of the Bypass would be held at 9:00 a.m. on August 14, 2004, at MiMi's cafe.

Joe Gracr expressed concerns about escalating water rates and the tiered rates that he believed were unnecessary since there was not a shortage of water.

CONSENT CALENDAR (07:27 PM)
1. PULLED FOR DISCUSSION - Approve Minutes of July 13, 2004. (K. Diaz)

2. Approved Minutes of July 27, 2004. (K. Diaz)

3. PULLED FOR DISCUSSION - Approve Minutes of the adjourned regular meeting held July 29, 2004. (K. Diaz)

4. Approved Minutes of the special Meeting held August 3, 2004. (K. Diaz)

5. PULLED FOR DISCUSSION - Approve a Resolution approving the contract documents and award the construction contract for The O’Hara Loop Realignment, CIP Project No. 336-3145, to Bay Cities Paving & Grading, Inc. and authorize the City Manager to execute the agreement and necessary documents in the amount of $1,524,296.32, plus the authority to execute change orders up to 10% of the contract amount and amend the CIP Budget Sheet to reflect increased industry construction costs. (B. Grewal/B. Bornstein)

6. Approved Resolution No. 2004-192 authorizing the City Manager to execute a License Agreement with East Bay Municipal Utility District (EBMUD) for the installation of traffic signal poles and appurtenances and storm drain catch basins as part of the Sunset Industrial Complex improvements along Sunset Road at Elkins Way, CIP Project No. 336-3128. (B. Grewal/B. Bornstein)

7. Set the date of August 17, 2004, at 5:30 p.m. for a Joint Workshop between City Council and Planning Commission to review the 100% Design Development for the New City Hall, CIP Project No. 337-3139. (H. Sword/M. Huber)

8. Set the date of Wednesday, August 18, at 6:00 pm, for a Joint Workshop with City Council and Planning Commission for the presentation of Downtown Specific Plan status and Community Workshop results by Freedman Tung & Bottomley and Gruen Gruen Associates. (H. Sword/G. Rozenski)

9. Approved Resolution No. 2004-193 adopting the amended Mission Statement, membership requirements and the 2004 goals for the Brentwood Advisory Neighborhood Committee. (J. Stevenson/B. Bornstein)

10. PULLED FOR DISCUSSION - Approve to Resolution authorizing the City Manager to execute a Professional Services Agreement with RGM and Associates for in an amount of $124,894, including a 10% contingency for pre-construction services of the New City Hall, CIP Project No. 337-3139. (H. Sword/M. Huber)

11. PULLED FOR DISCUSSION - Approve a Resolution authorizing the City Manager to execute purchase orders or contracts for the not-to-exceed dollar amounts for various vendors. (P. Ehler/B. Bridgen)

12. Approved Resolution No. 2004-194 authorizing the City Manager to execute a contract amendment approving additional funds for B&B International related to physical plant inspection of the cable television system in the amount of $30,000. (J. Stevenson)

13. Appointed Mayor Brian Swisher as the City of Brentwood representative to the Contra Costa County sub regional Urban Limit Line Committee. (B. Swisher)

14. PULLED FOR DISCUSSION - Approve a Resolution approving a Reimbursement Agreement with Pulte Home Corporation, Subdivision Nos. 8561 & 8675, located north of Lone Tree Way, east of the Union Pacific Railroad, consisting of 511 lots, for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

15. PULLED FOR DISCUSSION - Approve a Resolution accepting the right-of-way offers of dedication in-fee; accepting easements, abutter’s rights and sub-surface mineral and water rights as shown on the Final Map; and accepting all on and off-site public improvements for maintenance; accepting the Subdivision Maintenance Bonds and releasing the Subdivision Improvement Securities for Lyon Rhapsody, William Lyon Homes, Subdivision No. 6665, located east of Brentwood Boulevard and south of Sand Creek Road. (B. Grewal/D. Galey)

16. PULLED FOR DISCUSSION - Approve a Resolution accepting the right-of-way offers of dedication in-fee; accepting easements, abutter’s rights and sub-surface mineral and water rights as shown on the final map; accepting all on and off-site public improvements for maintenance; accepting Subdivision Maintenance Bonds and releasing the Subdivision Improvement Securities for Hearthstone, Morrison Homes, Subdivision No. 7950, located south of Sand Creek Road and west of Fairview Avenue. (B. Grewal/D. Galey)

17. Approved Resolution No. 2004-195 amending Resolution No. 96-208 thereby establishing a new Records Retention Schedule for the Police Department and a revised Records Retention Schedule for the Finance and City Clerk Departments. (K. Diaz)

CONSENT CALENDAR ACTIONS (07:27 PM)
Motion: Approve Consent Calendar Items 2, 4, 6-9, 12-13 and 17.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Gutierrez; Petrovich; Swisher; Beckstrand; Hill

1. Approve Minutes of July 13, 2004. (K. Diaz)

Motion: Approve Minutes of July 13, 2004. (K. Diaz)
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 4-0.

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

3. Approve Minutes of the adjourned regular meeting held July 29, 2004. (K. Diaz)

Motion: Approve Minutes of the adjourned regular meeting held July 29, 2004. (K. Diaz)
Moved by Hill, seconded by Petrovich.

Vote: Motion carried 4-0.

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

5. Approve a Resolution approving the contract documents and award the construction contract for The O’Hara Loop Realignment, CIP Project No. 336-3145, to Bay Cities Paving & Grading, Inc. and authorize the City Manager to execute the agreement and necessary documents in the amount of $1,524,296.32, plus the authority to execute change orders up to 10% of the contract amount and amend the CIP Budget Sheet to reflect increased industry construction costs. (B. Grewal/B. Bornstein)


Motion: Approve waiving full reading and adopting Resolution No. 2004-196 as recommended, directing staff to monitor the performance of the contractor.
Moved by Swisher, seconded by Gutierrez.

Vote: Motion carried 4-1.

Yes: Gutierrez; Swisher; Beckstrand; Hill
No: Petrovich

10. Approve to Resolution authorizing the City Manager to execute a Professional Services Agreement with RGM and Associates for in an amount of $124,894, including a 10% contingency for pre-construction services of the New City Hall, CIP Project No. 337-3139. (H. Sword/M. Huber)


Motion: Approve waiving full reading and approve Resolution No. 2004-197 as recommended.
Moved by Hill, seconded by Beckstrand.

Vote: Motion carried 4-1.

Yes: Gutierrez; Swisher; Beckstrand; Hill
No: Petrovich

11. Approve a Resolution authorizing the City Manager to execute purchase orders or contracts for the not-to-exceed dollar amounts for various vendors. (P. Ehler/B. Bridgen)


Motion: Approve waiving full reading and adopting Resolution No. 2004-198 as recommended.
Moved by Beckstrand, seconded by Petrovich.

Vote: Motion carried 5-0.

Yes: Gutierrez; Petrovich; Swisher; Beckstrand; Hill

14. Approve a Resolution approving a Reimbursement Agreement with Pulte Home Corporation, Subdivision Nos. 8561 & 8675, located north of Lone Tree Way, east of the Union Pacific Railroad, consisting of 511 lots, for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)


Motion: Approve waiving full reading and adopting Resolution No. 2004-199 as recommended.
Moved by Petrovich, seconded by Gutierrez.

Vote: Motion carried 4-0.

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

15. Approve a Resolution accepting the right-of-way offers of dedication in-fee; accepting easements, abutter’s rights and sub-surface mineral and water rights as shown on the Final Map; and accepting all on and off-site public improvements for maintenance; accepting the Subdivision Maintenance Bonds and releasing the Subdivision Improvement Securities for Lyon Rhapsody, William Lyon Homes, Subdivision No. 6665, located east of Brentwood Boulevard and south of Sand Creek Road. (B. Grewal/D. Galey)


Motion: Approve waiiving full reading and adopting Resolution No. 2004-200 as recommended.
Moved by Petrovich, seconded by Gutierrez.

Vote: Motion carried 4-0.

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

16. PULLED FOR DISCUSSION - Approve a Resolution accepting the right-of-way offers of dedication in-fee; accepting easements, abutter’s rights and sub-surface mineral and water rights as shown on the final map; accepting all on and off-site public improvements for maintenance; accepting Subdivision Maintenance Bonds and releasing the Subdivision Improvement Securities for Hearthstone, Morrison Homes, Subdivision No. 7950, located south of Sand Creek Road and west of Fairview Avenue. (B. Grewal/D. Galey)


Motion: Approve waiving full reading and adopting Resolution No. 2004-201 as recommended.
Moved by Petrovich, seconded by Gutierrez.

Vote: Motion carried 4-0.

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


PUBLIC HEARINGS (07:32 PM)
18. Continue to August 24, 2004, consideration of a Resolution authorizing the City Manager to execute an agreement with Paxio, Inc. for access to public right-of-way and use of City-owned conduit to provide high-speed data, internet access, telecommute and video conference services. (J. Stevenson)
Item 18

Mayor Swisher opened the public hearing.


Motion: Approve continueance of the public hearing to August 24, 2004, as requested by staff.
Moved by Swisher, seconded by Beckstrand.

Vote: Motion carried 5-0.

Yes: Gutierrez; Petrovich; Swisher; Beckstrand; Hill

19. 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. (H. Sword/M. Leana) (07:34 PM)
Item 19

Cheif of Planning, Mike Leana, presented a staff report noting that staff had prepared the ordinance for land use and the item had been discussed since there was opposition to operational issues. Staff beleived that the Council could address the ordinance as a land use issue since the Chamber was the operator of the Farmers Market, which had been restricted to the CB zone in the downtown area. Staff had instituted a use permit procedure that would be handled administratively on an annual basis and he recommended introduction of the ordinance.


Mayor Swisher opened the public hearing.


Kenneth Lee commented that the Farmers Market celebrated all that the City had to offer.


Pat Lindsey expressed concerns about changing an ordinance which she said she felt protected downtown businesses.


Larry Lindsey said he was not against the Farmers Market but against the ordinance and he asked Council to protect downtown merchants.


Richard Bates said that the farmers believed that this would be solely a Farmers Market and that there would be a problem if it became a flea market with other food merchants.


Chris Becnel said that the Market was a place for the community to gather and an opportunity for merchants to capitalize and the Chamber urged Council to adopt the zone change.


Ed Calvin said he was for the Farmers Market and he named cities that had conducted successful Farmers Markets.


Steve Corpper said that the Market would be an opportunity to boost business and that businesses should leverage the idea of the Chamber of Commerce.


Darius Mahallati said he was for the produce of the Farmers Market and he still supports the events. He voiced a concern about having an event with a food vendor in front of his place.


Dawn O'Brien said that this was a huge marketing opportunity for the d/t business owners and longterm, there would be more sales.


Kathy Sloan said that Sweeney's had distributed 100 coupons to the farmers to draw people into the restaurant and no one had used the coupons.


Bob Taylor said that should Council pass an ordinance, they could not just let any vendor come in and that permits could force the ligitimate, honest person out of business.


Jane Cropper said that bringing people downtown was necessary and it needed to be as interesting as possible and the benefit was long term to the businesses.


Angelo Arminio said he was concerned about the ordinance change and did not object to the Farmers Market. He had tried to promote business.


Deb Terry said that she did not understand what the ordinance was all about. Concerts in the park draw her to the City along with the fine restaurants.


Karen Rogge said that the the Market was an opportunity event and maybe the Chamber could assist merchants with parking problems.


Heidi Calvin said that there should be a Farmer's Market at the Corner of Oak and First Streets and it was all about bringing people downtown.


Terry Brown had not seen any extra revenue from people in the downtown area.


Motion: Approve closing the public hearing.
Moved by Hill, seconded by Swisher.

Vote: Motion carried 5-0.

Yes: Gutierrez; Petrovich; Swisher; Beckstrand; Hill
Council Member Hill said that he did not want to change the location until next year and was not in favor of closing the intersection since it had not worked in the past. He was in favor of moving forward with the ordinance.


Council Member Gutierrez said that the Farmer's Market acted as a positive community building tool and she felt that if outdoor dining uses were not allowed, there would be a decrease in attendance.


Council Member Beckstrand said that a future location should be determined between the Farmer's Market Association and the Chamber. She was in favor of moving forward with the ordinance adjustment.


Council Member Petrovich said that people parked elsewhere and did not get downtown because of where the Market was located. He was in favor of moving the Market next year.


Mayor Swisher said that he was in favor of the Farmer's Market and that events needed to be moved to other locations. It was bringing people into the downtown and the end results would benefit the merchants.


Motion: Approve waiving full reading and introducing Ordinance No. 783 as recommended.
Moved by Beckstrand, seconded by Petrovich.

Vote: Motion carried 5-0.

Yes: Gutierrez; Petrovich; Swisher; Beckstrand; Hill

20. REMOVED FROM THE AGENDA - no action required - Consideration of an Ordinance of the City Council of the City of Brentwood creating a new Title 7, Parks and Recreation, including such subjects as parks, trees and shrubs, heritage tree preservation, recreational uses and trails and deleting Title 9.48, Use of City Park. (C. Bronzan/T. Homan/P. Scherff) (09:01 PM)
INFORMATIONAL REPORTS FROM STAFF - No action required (09:01 PM)
21. Status report on Sunset Industrial Complex sales and escrows. (H. Sword)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (09:01 PM)

Council Member Beckstrand announced that the groundbreaking for the Highway 4 Bypass, Segment 1, would be August 14, 2004 at 9:00 a.m. at Slatten Ranch.

Council Member Petrovich invited Council Members and staff to the Wheelchair Foundation Golf Tournament on August 16, 2004.

REQUESTS FOR FUTURE AGENDA ITEMS (09:02 PM)

Mayor Swisher requested the status of the landscaping CIP project.

ADJOURNMENT (09:02 PM)
Motion: Approve adjournment.
Moved by Swisher, seconded by Gutierrez.

Vote: Motion carried 5-0.

Yes: Gutierrez; Petrovich; Swisher; Beckstrand; Hill

Respectfully Submitted,




Cynthia Garcia, Assistant City Clerk

 

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