CITY OF BRENTWOOD
CITY COUNCIL MEETING MINUTES
FEBRUARY 8, 2005

CALL TO ORDER - 150 City Park Way, City Hall Conference Room (5:31 PM)
Roll Call
Present: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

ADJOURN TO CLOSED SESSION (5:32 PM)

Closed Session pursuant to Gov't Code 54957
Public Employee Discipline/Dismissal/Release

Closed Session pursuant to Government Code 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Two properties generally located at the southeast corner of
Brentwood Boulevard and Sunset Road. Assessor's parcel numbers 016-010-016 and 016-010-015.
City Negotiator: Howard Sword.
Under negotiation: Prices and terms.

RECONVENE IN OPEN SESSION AND RECESS (6:15 PM)

RECONVENE CITY COUNCIL IN COUNCIL CHAMBER (7:00 PM)
Roll Call
Present: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

REPORT ON CLOSED SESSION - None

PRESENTATIONS (07:00 PM)

A. New Employee Introductions and Oath of Allegiance

Director of Public Works, Paul Zolfarelli, introduced Paul Senick, Water Distribution System Worker I.

Director of Community Development, Howard Sword, introduced Planning Manager, Heidi Kline.

Mayor Swisher administered the Oath of Allegiance to new employees.

AGENDA REVIEW (07:05 PM)

Item 12 Finalized Reimbursement Agreement.

Motion: Approve AGENDA REVIEW as recommended.
Moved by Gutierrez, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

CITIZEN COMMENTS (07:05 PM)

Sue Stuart and Diva extended a musical thank you to Council for their support of 80-Volts visit to New York.

Karen Rogge said she did not feel that land use changes should be encouraged and added that the pizza restaurant should be placed in a more appropriate location.

Greg Robinson reported on the fourth annual police activities league barbeque and invited Council to attend next year. He added that there may be a mid-year chili cook off fundraiser.

CONSENT CALENDAR (07:18 PM)

1. Approved Minutes of January 25, 2005 and special meeting held February 1, 2005. (K. Diaz)

2. Adopted Resolution No. 2005-25 approving the Purchase Agreement with Earl McNeley for a portion of property identified as APN 012-100-044, generally located at the northwest corner of Indiana Avenue and Walnut Boulevard for the Walnut Boulevard Widening, CIP Project No. 336-3056. (B. Grewal/M. Sullivan)

3. PULLED FOR DISCUSSION - Adopt a Resolution accepting Improvements for Brentwood Country Club, Pulte Home Corporation, Subdivision No. 8089 Phase B, located north of Concord Avenue and east of Fairview Avenue. (B. Grewal/D. Galey)

4. PULLED FOR DISCUSSION - Set the date of April 12, 2005 at 6:00 p.m. for a Workshop with City Council and staff on the Capital Improvement Program Budget Workshop. (P. Ehler) (07:19 PM)

5. Approved setting the date of May 24, 2005 at 5:30 p.m. for a Workshop with City Council and staff on the Operating Budget. (P. Ehler)

6. Adopted Resolution No. 2005-26 authorizing the City Manager to execute a change order with BKF Engineers for testing and design services for the Fiber Optic Project No. 337-3107, in the amount not to exceed $70,010.60. (K. Chew/M. Huber/G. Leech)

7. Adopted Resolution No. 2005-27 amending the 2004/05 -2008/09 Capital improvement Program by adding the City Data Center project into the program. (K. Chew/M. Huber/G. Leech)

8. Adopted Resolution No. 2005-28 authorizing the City Manager to sign tenant contracts and amendments for the Brentwood Education and Technology Center. (C. Bronzan/M. Merizon)

9. Adopted Resolution No. 2005-29 accepting work performed by BCI General Contractors, Inc., for the tenant Improvements as part of the Brentwood Education and Technology Center, CIP Project No. 337-3112, and direct the City Clerk to file a Notice of Completion with the County Recorder. (C. Bronzan/M. Merizon)

10. PULLED FOR DISCUSSION - Adopt a Resolution accepting the work performed by Misan Construction, Inc., for the park improvements at Sunset Park Athletic Complex, CIP Project No. 522-5201, and direct the City Clerk to file a Notice of Completion with the County Recorder. (C. Bronzan/J. Hansen)

11. Adopted Resolution 2005-30 authorizing that the Agricultural Land Mitigation Fees at the Sunset Industrial Complex be waived in accordance with the Agricultural Land Mitigation Ordinance. (H. Sword/G. Rozenski)

12. PULLED FROM THE AGENDA - Adopt a Resolution approving a Reimbursement Agreement between the City and Suncrest Homes LLC 25 to provide for the reimbursement to Suncrest of $50,000 in the event that the parties do not execute an Assignment and Assumption Agreement or Purchase and Sale Agreement regarding the purchase by the City of that certain real property commonly known as Davis Camp, consisting of approximately 3.22 acres and identified as County Assessor

CONSENT CALENDAR ACTIONS (07:19 PM)

Motion: Approve Consent Calendar Items - 1-2, 5-9, and 11 as recommended.
Moved by Petrovich, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor
3. Adopt a Resolution accepting Improvements for Brentwood Country Club, Pulte Home Corporation, Subdivision No. 8089 Phase B, located north of Concord Avenue and east of Fairview Avenue. (B. Grewal/D. Galey)

Motion: Approve waiving full reading and adopting Resolution No. 2005-31 as recommended.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Taylor
Abstain: Swisher

4. Set the date of April 12, 2005 at 6:00 p.m. for a Workshop with City Council and staff on the Capital Improvement Program Budget Workshop. (P. Ehler)

Motion: Approve setting the date of April 12, 2005 at 6:00 p.m. for a Workshop with City Council and staff on the Capital Improvement Program Budget Workshop.
Moved by Swisher, seconded by Petrovich.
Vote: Motion carried 4-0.
Yes: Gutierrez; Petrovich; Swisher; Taylor
Abstain: Beckstrand

10. Adopt a Resolution accepting the work performed by Misan Construction, Inc., for the park improvements at Sunset Park Athletic Complex, CIP Project No. 522-5201, and direct the City Clerk to file a Notice of Completion with the County Recorder. (C. Bronzan/J. Hansen)

Council Member Beckstrand expressed concerns about the authorizing and filing of a Notice of Completion with respect to the work being performed and said she would be voting no.

Motion: Approve waiving full reading and adopting Resolution No. 2005-32 accepting the work performed by Misan Construction, Inc., for the park improvements at Sunset Park Athletic Complex, CIP Project No. 522-5201, and direct the City Clerk to file a Notice of Completion with the County Recorder.
Moved by Petrovich, seconded by Gutierrez.
Vote: Motion carried 4-1.
Yes: Gutierrez; Petrovich; Swisher; Taylor
No: Beckstrand

12. PULLED FROM THE AGENDA - Adopt a Resolution approving a Reimbursement Agreement between the City and Suncrest Homes LLC 25 to provide for the reimbursement to Suncrest of $50,000 in the event that the parties do not execute an Assignment and Assumption Agreement or Purchase and Sale Agreement regarding the purchase by the City of that certain real property commonly known as Davis Camp, consisting of approximately 3.22 acres and identified as County Assessor

PUBLIC HEARINGS (07:28 PM)

13. Determine public interest and necessity and adopt a Resolution to require acquisition of certain land needed for O'Hara Road right of way and authorize the filing of an Eminent Domain Proceeding. (D. Landeros/B. Grewal)

Council Member Beckstrand excused herself from the public hearing item due to a conflict of interest and left the Council Chamber.

City Engineer, Bailey Grewal, presented a staff report noting that staff recommended the approval of a Resolution making certain findings and determining that the Public Interest and Necessity require acquisition of certain land needed for O’Hara Road Right of Way.

Mayor Swisher opened the public hearing.

Doug Beckstrand said he was the property owner and stated that he wished he could have negotiated in good faith with the City and was willing to work with the City when the proceeding had taken place.

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

Motion: Determined public interest and necessity and approved waiving full reading and adopting Resolution No. 2005-33 requiring acquisition of certain land needed for O'Hara Road right of way and authorizing the filing of an Eminent Domain Proceeding.
Moved by Petrovich, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Gutierrez; Petrovich; Swisher; Taylor
Abstain: Beckstrand

Council Member Beckstrand returned to the Council Chamber.

14. Consideration of an Ordinance approving an amendment to Planned Development No. 24 creating Subarea "B" and the corresponding development standards for a 0.67 acre site, generally located east of Guthrie Lane and south of Harvest Park Drive. (H. Sword/J. Zilm)

Senior Planner, Jeff Zilm, presented a staff report noting that the Planning Commission unanimously approved taking the .67 acres out of residential use and placed it into professional office use to be more consistent with the general plan update for the area.

Mayor Swisher opened the public hearing.

Motion: Approve closing the public hearing.
Moved by Petrovich, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

Motion: Approve waiving full reading and introducing Ordinance No. 796 approving an amendment to Planned Development No. 24 creating Subarea "B" and the corresponding development standards for a 0.67 acre site, generally located east of Guthrie Lane and south of Harvest Park Drive.
Moved by Swisher, seconded by Petrovich.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

15. Finding and determining that Comcast of California IV, Inc., did not commit a material breach of franchise and terminating the proceeding relating thereto; adopt a Resolution granting a franchise renewal to Comcast of California IV, Inc., pursuant to 5.24.090 of the Municipal Code to provide cable television services and making certain determinations in relation thereto. (D. Landeros/K. Chew) (07:36 PM)

Council Member Petrovich commented that the proposed agreement would give the City a high tech system with good service.

Council Member Beckstrand informed that the level of service would be memorialized in the agreement. She referred to the Public Educational and Government channels, which would be provided to the City to use on a graduated basis and would allow the City would to fill the broadcast time with community events. Funding would be provided to purchase equipment to have remote cameras and a van to film events. She asked to see a broadcast enterprise created where the franchise fees are taken from Comcast and put together in a section of the budget that would sustain itself to pay for continued equipment upgrades for generations.

Mayor Swisher opened the public hearing.

Johnnie Jiles, Government Affairs for Comcast, respectfully requested that Council approve the agreement.

Phillip Arndt, Director of Government Affairs for Comcast, announced that a new customer service center was opened at Balfour Village Center located at Fairview and Balfour. He invited Council and the public to the grand opening on February 19, 2005, all day, with festivities from 11:00 a.m. to 2:00 p.m.

Motion: Approve closing the public hearing.
Moved by Petrovich, seconded by Gutierrez.
Motion: Approve agreement
Moved by Petrovich, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

Motion: Approve waiving full reading and adopting Resolution No. 2005-34 finding and determining that Comcast of California IV, Inc., did not commit a material breach of franchise and terminating the proceeding relating thereto and waiving full reading and adopting Resolution No. 2005-35 granting a franchise renewal to Comcast of California IV, Inc., pursuant to 5.24.090 of the Municipal Code to provide cable television services and making certain determinations in relation thereto.
Moved by Petrovich, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

City Manager, Donna Landeros, said that staff would return with the Ordinance to implement the action that the Council had just taken.

OLD BUSINESS (07:47 PM)

16. Procedures governing a vacancy on the City Council and related action to fill the vacancy. (M. Leoni)

Council Member Petrovich said that on December 14, 2004, he stated he would leave his Council seat on or about January 31, 2005. He said that no one was forcing him to leave his seat and had decided it was the right thing to do. He thanked everyone and said he had enjoyed serving the residents for the last eight years. He presented a written, signed resignation to the City Clerk, effective immediately.

At 7:55 p.m., the Council recessed and Council Member Petrovich left the Council Chamber.

At 8:10 p.m., the City Council reconvened with Council Members Beckstrand, Gutierrez, Taylor and Mayor Swisher present and one vacancy.

Marguerite Mary Leoni, Special Legal Counsel with Nielsen, Merksamer, Parrinello, Mueller & Naylor, said Mr. Petrovich’s vacancy occurred by operation of law and is effective immediately. Council was required to fill the vacancy and must make an action within 30 days. She presented and explained the following three choices to the Council: appointment, special election or interim appointment, which would require future ordinance action.

Mayor Swisher asked for public comment.

Jerry Macy asked Council to consider bypassing the special election at a cost of $75,000 since there had been an entire election process two months ago. He said he believed that the voters of the community had already spoken and that the third vote getter should be used.

A discussion between Council Members ensued regarding a special election.

City Clerk, Karen Diaz, said that should Council decide to call a special election, there were three Resolutions that would need to be adopted.

Mayor Swisher stated he was in favor of calling a special election in June.

Council Member Beckstrand was in favor of an interim appointment until June to be sure the Council was balanced.

Council Member Gutierrez said that she hesitated having an appointment made if there was an election in June.

Council Member Taylor said he was not in favor of an interim appointment.

Council Beckstrand asked Ms. Leoni about the appointment process and Ms. Leoni explained the process noting that it would not be until March that the appointment would go through.

City Clerk Diaz requested that an appropriation of $75,000 to conduct the Special Election be added into the Resolution calling the election.

Motion: Approved waiving full reading and adopting Resolution No. 2005-36 Calling and Giving Notice of the Holding of a Special Election to be held on Tuesday, June 7, 2005, for the election of a Councilmember to fill a vacancy as required by the provisions of the laws of the State of California relating to General Law Cities and appropriating $75,000 to conduct the Special Election.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One

Motion: Approved waiving full reading and adopting Resolution No. 2005-37 requesting the Board of Supervisors of the County of Contra Costa to conduct a Special Municipal Election to be held on June 7, 2005.
Moved by Beckstrand, seconded by Taylor.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One

Motion: Approved waiving full reading and adopting Resolution No. 2005-38 adopting regulations for candidates for elective office pertaining to Candidates Statements submitted to the voters at an election.
Moved by Beckstrand, seconded by Taylor.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancies: One

17. Overview of the Residential Growth Management Program and consideration of a Resolution accepting the first annual RGMP allocation recommendation. (P. Ehler/H. Sword/B. Grewal)

Director of Community Development, Howard Sword, presented a staff report and overview of the Residential Growth Management Program noting that the intent of the RGMP was to control the growth of the City. It would provide the highest quality of development over the next 15 to 20 years and would bring in CIFP dollars and infrastructure. Staff recommended 433 RGMP allocations for the calendar year 2005.

Karen Rogge was in favor of the RGMP process.

Motion: Approve waiving full reading and adopting Resolution No. 2005-39 as recommended.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One

NEW BUSINESS (08:58 PM)

18. CONTINUED - City Council Member appointments to various Committees and Commissions. (B. Swisher)

Mayor Swisher noted that the position of Vice Mayor needed to be filled and he asked Council Member Gutierrez if she would accept, which she did.

Motion: Approve the appointment of Ana Gutierrez as Vice Mayor.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One

INFORMATIONAL REPORTS FROM STAFF – No action required

19. Informational Report on Subdivision No. 8675, Rosegarden Phase II, by Pulte Homes, located north of Lone Tree Way, east of the Union Pacific Railroad and south of Neroly Road; Final Map. (K. Diaz)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (09:00 PM)

Mayor Swisher noted that there would be an Urban Limit Line meeting on February 9, 2005 and he said the City wanted to move line and County did not want to do that and he said he would like to bring back options to City.

Council Member Beckstrand spoke about the Bypass Authority and TransPlan and the possible need to have a line of credit established for contracts to be awarded as necessary. The Contra Costa Transportation Authority had stepped forward and was willing to extend a line of credit for $25 million providing it was paid back before the implementation of Measure J in 2009.

REQUESTS FOR FUTURE AGENDA ITEMS (09:04 PM)

Council Member Taylor asked that the status of water rates be brought back to Council.

ADJOURNMENT (09:05 PM)

Motion: Approve adjournment.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Swisher; Taylor
Vacancy: One

Respectfully Submitted,

Cynthia Garcia
Assistant City Clerk