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CITY OF BRENTWOOD
CITY COUNCIL MEETING MINUTES
OCTOBER 26, 2004
COUNCIL CHAMBER

CALL TO ORDER (7:00 PM)
Roll Call
Present: Beckstrand; Gutierrez; Hill; Petrovich; Swisher

PRESENTATIONS (07:01 PM)

A. Recognition of the Brentwood Park and Recreation Commission for Outstanding Commission Award from the National Recreation and Parks Association.

Craig Bronzan, Director of Parks and Recreation, introduced Commissioner, Tom Jones, who thanked Council for their support and noted that the Commission had won for cities of less than 75,000 people, which was what buildout would be in the City and he presented the Mayor with a plaque.

AGENDA REVIEW - None (07:05 PM)

CITIZEN COMMENTS (07:05 PM)

Mike Marquetti, REACH project, said that both statewide and nationally, it was time to focus on drug prevention and he thanked Council and the Police Department for the trust provided to REACH to work with young people and their families.

Council Member Petrovich spoke as a citizen and expressed his appreciation for City Manager, John Stevenson, wishing him a prosperous retirement.

CONSENT CALENDAR (07:09 PM)

1. PULLED FOR DISCUSSION - Approve Minutes of September 28, 2004. (K. Diaz)

2. Accepted resignation of Richard Koscher from the Arts Commission. (C. Bronzan/R. Burr-Siegel)

3. Approved Resolution No. 2004-246 approving an agreement for purchase of a fee parcel with East Contra Costa Irrigation District (ECCID), an Irrigation District as successor in interest to The Lone Tree Irrigation District for a portion of real property generally located on the south side of Lone Tree Way between Fairview Avenue and O’Hara Avenue, hereby accepting real property on behalf of the City, and authorizing the Mayor or City Manager and City Clerk or any of their designees to execute the agreement, and such other documents as may be needed to complete the transaction including acceptance of the Deed. (B. Grewal/M. Sullivan)

4. PULLED FOR DISCUSSION - Approve a Resolution approving an Affordable Housing Agreement between the City of Brentwood and Western Pacific Housing, LLC for Subdivision 8724, Magnolia Ranch. (H. Sword/E. Bonneville)

5. Waived second reading and adopted Ordinance No. 784 adding Chapter 13.06 to the Municipal Code to provide for the regulation and use of recycled water. (D. Stoops/P. Zolfarelli)

6. Waived second reading and adopted Ordinance No. 785 amending Section 17.840 (Home Occupation Permit) of the Brentwood Municipal Code. (H. Sword/T. Nielsen)

7. PULLED FOR DISCUSSION - Waive the second reading and adopt Ordinance No. 786, approving a Rezone (RZ 03-14) of 26+/- acres from PD-18 and R-3 to PD-67 with the establishment of development standards for a mixed-use development, located at the northwest corner of Balfour Road and the State Route 4 Bypass. (H. Sword/E. Nolthenius)

8. Authorized the City Manager to sign and forward to the Governor’s Office of Emergency Services a “Letter of Intent Notice - Enclosure 1” to develop and submit a multi-jurisdictional Local Hazard Mitigation Plan for State review and FEMA approval. (B. Grewal/J. Cowling)

9. Approved Resolution No. 2004-247 authorizing the Mayor or City Manager and City Clerk or any of their designees to execute an Easement Deed to the City of Antioch for Lone Tree Way and Heidorn Ranch Road for maintenance of public roadways and public utilities in accordance with the “Streets Cooperative Agreement” approved by City Council on September 25, 2001, and any other such documents needed to comply with said agreement. (B. Grewal/M. Sullivan)

10. Authorized the City Manager to sign an Agreement for Payment of Contract Services with DeNova Homes and approve an Agreement for Contract Services with Raney Planning & Management for preparation of an Environmental Impact Report analyzing the proposed Barrington Project located south of Sunset Road, west of Sellers Avenue and east of Connor Way and Windsor Way. (H. Sword/W. Rhodes)

11. Approved Resolution No. 2004-248 awarding the construction contract for the Landscaping Project for Water (Potable) Systems Facilities, CIP Project No. 562-5634, to Cassani Landscaping, in the amount of $51,682 plus a 10% contingency. (B. Grewal/R. Craig)

12. Approved Resolution No. 2004-249 amending Policy No. 10-10, Policy and Procedures for City Information Systems and Communications. (P. Ehler)

13. Approved Resolution No. 2004-250 authorizing and approving the application for grant funds from the State Urban Parks and Healthy Communities Program under the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Act of 2002 for the Brentwood Union School District Joint-Use Community Gymnasium Project. (C. Bronzan/K. Wahl)

14. Approved Resolution No. 2004-251 the City Manager to sell one used/surplus Ford Crown Victoria police vehicle to the Contra Costa Community College District for use by their Public Safety personnel for the patrol of local community college campuses. (M. Davies/K. King)

15. Rejected the claim of Cap’s Oak Street Bar & Grill presented on August 27, 2004 as recommended by the City’s third party adjuster, Contra Costa County Municipal Risk Management Insurance Authority, and the City Attorney. (K. Diaz)

CONSENT CALENDAR ACTIONS (07:09 PM)

Motion: Approve Consent Calendar Items 2-3, 5-6 and 8-15 as recommended.
Moved by Beckstrand, no second required.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher

1. Approve Minutes of September 28, 2004. (K. Diaz)

Motion: Approve Minutes of September 28, 2004.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 3-0.
Yes: Gutierrez; Petrovich; Swisher
Abstain: Beckstrand; Hill

4. Approve a Resolution approving an Affordable Housing Agreement between the City of Brentwood and
Western Pacific Housing, LLC for Subdivision 8724, Magnolia Ranch. (H. Sword/E. Bonneville)

Motion: Approve waive full reading and adopt Resolution No. 2004-252 as recommended.
Moved by Gutierrez, seconded by Petrovich.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich
Abstain: Swisher

7. Waive the second reading and adopt Ordinance No. 786, approving a Rezone (RZ 03-14) of 26+/- acres from PD-18 and R-3 to PD-67 with the establishment of development standards for a mixed-use development, located at the northwest corner of Balfour Road and the State Route 4 Bypass. (H. Sword/E. Nolthenius)

Motion: Approve Waiving second reading and adopting Ordinance No. 786 as recommended.
Moved by Petrovich, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher
Abstain: Hill

PUBLIC HEARINGS (07:10 PM)

16. Consideration of an Ordinance adding Title 7, Parks and Recreation, to the Municipal Code, including such subjects as parks, trees and shrubs, heritage tree preservation, recreational uses and trails and deleting Chapter 9.48, Use of City Park; and Chapter 12.16, Street Trees. (C. Bronzan/T. Homan/P. Scherff/K. DeSilva)

Director of Parks and Recreation, Craig Bronzan, presented a staff report noting that approval of the
recommended ordinance would allow staff to make general facility rules and regulations for sports and the community center. The ordinance did not change fees and charges as it related to other than those outlined in the ordinance.

Mayor Swisher asked if someone had to specify if the event was a youth event or for what other purpose the event was being held and about the liability of inflatable devices and if they were enforced. Staff had been in contact with the providers who had obtained a permit and had insurance on file. Minus that, it would not be enforceable.

Director Bronzan said that staff had been in contact with the providers who had obtained a permit and had insurance on file. Minus that, it would not be enforceable. Risk Management representatives recommended not having the devices and not all cities followed that. If it was not regulated and people were allowed to come in and nothing was enforced, there could be exposure to liability. Staff recommended a permit be required and that the applicant came in to show proof of insurance. This allowed staff to place the jumper in the appropriate place.

Council Member Gutierrez asked if Parks and Recreation staff asked people what the purpose of the rental was.

Director Bronzan said that either alcohol could be banned or allowed with some exceptions. A youth oriented activity should not have alcohol.

Council Member Beckstrand talked about acquiring Veterans Hall and she noted that a lot of the groups that used the facility were allowed to have alcohol and she asked if this was permissible.

Director Bronzan said there were certain facilities that allowed alcohol and others that did not.

Council Member Petrovich commented that the Veteran's facility had a liquor license.

Director Bronzan said that if Veteran's Hall became a City facility, Council could set certain conditions.
Council Member Hill said he believed that alcohol was a part of fundraising and that the City needed to be
careful with extreme parameters on events. Family oriented celebrations were predominantly adults even if it was for a minor.

Council Member Hill said if staff wished to create a tree program for public facilities he was in agreement and that he believed there would be times that would be problematic. The preservation program was too far reaching when it came to private property. He said he felt that property owner rights would be restricted.

Mayor Swisher opened the public hearing.

Motion: Approve continuing the public hearing to November 9, 2004 and directing staff to bring back examples.
Moved by Hill, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher

NEW BUSINESS (07:30 PM)

17. Approve a Resolution authorizing the City Manager to negotiate a Purchase and Sale Agreement with
Liberty Union High School District for the relocation of the Bus Barn and directing the City Manager to return to Council with the details for authorization to sign the Agreement, begin design and go out to bid. (J. Stevenson)

City Manager, John Stevenson, presented a staff report noting that the City and school district had been working together to find a location that would benefit both the school and community and he requested direction from Council.

Council Members directed staff to discuss the item in a Closed Session.

INFORMATIONAL REPORTS FROM STAFF - No action required (07:33 PM)

18. Informational report on Subdivision No. 8601, "Brighton Station" by Discovery Builders, located south of EBMUD right-of-way and west of the future extension of Shady Willow Lane; Final Map approval. (K. Diaz)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (07:33 PM)

Council Member Hill announced the annual Brentwood Regional Community Chest would provide 500 food baskets and toys over the next sixty days to recipients. December 18, 2004 would be the distribution and he invited everyone to participate.

REQUESTS FOR FUTURE AGENDA ITEMS (07:35 PM)

Council Member Gutierrez requested an informational report about the left turn from Fairview to San Jose.

Council Member Beckstrand asked to schedule a review of the City Attorney.

Mayor Swisher said that there was a policy for letterhead use for City business only and he asked for an
amendment regarding the logo or similes of the logo not for private use.

ADJOURNMENT (07:37 PM)

Motion: Approve adjournment.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher


Respectfully Submitted,



Cynthia Garcia
Assistant City Clerk

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