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Current Council Agenda and Past Meeting Information

 

MINUTES
CITY OF BRENTWOOD
CITY COUNCIL MEETING
February 10, 2004

CALL TO ORDER

Roll Call (07:02 PM)
Present: Beckstrand; Gutierrez; Hill; Petrovich; Swisher

PRESENTATIONS (07:02 PM)

New Employee Introduction and Oath of Allegiance

Paul Zolfarelli introduced Jim Gallegos, Streets Manager, Public Works Department.

Howard Sword introduced Ellen Bonneville, Housing Manager, Economic Development.

Mayor Swisher administered the Oath of Office.

AGENDA REVIEW (07:07 PM)

Item 15 Determine whether a material breach of cable television franchise has occurred – assignment of franchise without City’s approval. (Continued from January 13, 2004).

Items 19, 20 & 21 Remove from the agenda as requested by staff.

Motion: Approve AGENDA REVIEW as submitted.
Moved by Hill, seconded by Beckstrand.

Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher

CITIZEN COMMENTS (07:08 PM)

Lynda Oliver stated that the City needed a new community center and that the current plan was a stop gap measure until something more done.

CONSENT CALENDAR - Items 3, 6, 7 and 9 pulled for discussion. (07:09 PM)

1. Approved Minutes of January 27, 2003 as submitted. (K. Diaz)

2. Set the date of April 13, 2004 at 6:00 p.m. for a Workshop on the Capital Improvement Program Budget. (P. Ehler)

3. Approve a Resolution accepting the offers of dedication in fee for Wolfe Road, Centennial Place and Creek Road; accepting the offers of dedication for easements for ingress and egress for emergency vehicles for parcels “A” through “J” (private streets); accepting the offers of dedication for areas marked as “Public Service Easement or “P.S.E.” for public use for public services and utility purposes; accepting the offers of dedication for the areas designated as “Storm Drain Easements” or “S.D.E.” for public use for storm, flood and surface water drainage purposes; accepting the offers of dedication for the areas designated as “Sanitary Sewer Easement” or “S.S.E.” for public use for sanitary sewer line purposes as dedicated to the City of Brentwood for public use as shown on the Final Map; accepting the subsurface water rights relinquished on said Final Map and accepting public improvements (waterlines, sanitary sewer, storm drain and fiber optics), accepting the Subdivision Maintenance Bonds (Bond No. 929188969 in the amount of $272,168.60 for in-tract improvements for Subdivision No. 8085A Phase; Bond No. 6123057-0001 in the amount of $12,657.00 for Recreation Center Improvements for Subdivision No. 8085A Phase; Bond No. 929188970 in the amount of $342,417.30 for in-tract improvements for Subdivision No. 8085B Phase) and releasing the Subdivision Performance and Payment Bonds for Subdivision No. 8085 (Phase A and Phase B), “Summerset at Brentwood Country Club” by Pulte Home Corporation, located south of Balfour Road and east of the Fairview Avenue extension and just south of ECCID Main Canal. (B. Grewal/E. Kim/D. Boskovic) (07:10 PM)

Motion: Approve waiving full reading and adopting Resolution No. 2004-29 as recommended by staff.
Moved by Gutierrez, seconded by Hill.

Vote: Carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich
Abstain: Swisher

4. Accepted the City of Brentwood Arts Commission Annual Report for 2003. (C. Bronzan)

5. Approved Resolution No. 2004-27 authorizing the City Manager upon city ownership of the 9100 Brentwood Boulevard location, to execute an agreement for design services for the New Police Station with Kaplan McLaughlin Diaz (KMD) in an amount not to exceed $676,363, and authorize the City Manager to execute change orders within a 10% contingency limit, and amend the CIP Project Budget Sheet to reflect the budget limits associated with the design and construction of the New Police Station, CIP Project No. 337-3142. (B. Grewal/M. Huber/H. Sword/M. Davies/K. King)

6. Approve a Resolution to approve and adopt the proposed speed limits for various segments of roadways. (B. Grewal/S. Peiris) (07:10 PM)

Council Member Hill expressed concerns about a crosswalk in a 35 to 40 mph roadway. If those roadway sections were reviewed, he was in favor of adopting the resolution.

City Engineer, Bailey Grewal, informed that more locations could be included in the survey and Resolution.

Motion: Approve waving full reading and adopting Resolution No. 2004-30 approving and adopting the proposed speed limits for various segments of roadways. (B. Grewal/S. Peiris)
Moved by Hill, seconded by Petrovich.

Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher

7. Reject the claim for defense and indemnity presented by Ryder Homes in the case of Dawn Michelle McDaniels v. Ryder Homes, et al. – Contra Costa County Superior Court, Case No. C03-00255 as recommended by the City Attorney and the City’s third-party insurance adjuster, Contra Costa County Municipal Risk Management Insurance Authority (CCMRMIA) (K. Diaz) (07:14 PM)

Motion: Approve rejection of the claim per staff recommendation.
Moved by Petrovich, seconded by Hill.

Vote: Carried 4-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich
Abstain: Swisher
8. Rejected the claim submitted by John and Ann Lenoci on December 19, 2003 as recommended by the City Attorney. (K. Diaz)

9. Rejected the claim presented by Veronica Roche as recommended by the City Attorney. (K. Diaz) (07:14 PM)

Motion: Approve rejection of the claim as presented.
Moved by Petrovich, seconded by Hill.

Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher

10. Rejected the claim presented by Melissa M. Sutter as recommended by the City Attorney. (K. Diaz)

11. Approved the appointment of Ronald Fugazzi to the Library Board as the City’s representative to the Contra Costa County Library Commission. (K. Diaz)

12. That the Mayor, with the approval of the City Council, re-appoint incumbent, Ray Shipley, to the City Planning Commission for a two-year term expiring December 31, 2005. (K. Diaz)

13. Approved Resolution No. 2004-28 supporting the Local Taxpayers and Public Safety Protection Act statewide ballot initiative requiring voter approval before the State could reduce funding for local services or shift more costs to local government. (J. Stevenson)

14. Set the date of February 17, 2004 at 5:30 p.m. in the City Council Chambers to hold a Joint Planning Commission/City Council Workshop to review the progress of the Empire Triangle, Brentwood Boulevard and Downtown Specific Plans. (K. Diaz)

CONSENT CALENDAR ACTIONS (07:10 PM)

Motion: Approve CONSENT CALENDAR Items 1 - 2, 4 - 5, 8 and 10 - 14 as recommended by staff.
Moved by Petrovich, seconded by Hill.

Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher

15. Determined whether a material breach of cable television franchise has occurred — assignment of franchise without city’s approval. (Continued from January 13, 2004). (D. Beougher) (07:15 PM)

David Kinley, Kinley & Associates, said he had been retained to determine whether there had been a material breach of the franchise agreement by Comcast of California IV Inc. He read and asked that the item be admitted into the evidentiary record of the proceeding along with the document entitled "Staff Report Concerning Material Breach regarding Cable Television Franchise" and "Issuance of Demand for Cure" including draft Findings of Fact, dated February 10, 2004.

Motion: Approve continuance of the public hearing to March 9, 2004.
Moved by Beckstrand, seconded by Hill.

Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher

Motion: Approve acceptance of the evidence as presented, including the submitted documents as presented by Mr. Kinley.
Moved by Beckstrand, seconded by Gutierrez.

Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher

16. Approve a Resolution amending the 2003/2004 Cost Allocation Plan and schedule of City fees adopted by Resolution No. 2969, revising the Brentwood Education and Technology Center (BETC) Business and Technology Incubator Rent Structure. (H. Sword) (07:31 PM)

Economic Development Director, Howard Sword, presented a staff report noting that the net increase in charge to $3.50 per square foot would be sufficient to cover operating expenses bringing expenses of the technology incubator into balance.

Mayor Swisher opened the public hearing.

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

Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher

Motion: Approve waiving full reading and adopting Resolution No. 2004-31 as recommended by staff.
Moved by Petrovich, seconded by Hill.

Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher

17. Approve a Resolution adopting the City of Brentwood 2004 Development Fee Program to fund public facilities and amending Resolution No. 2969 revising the 2003/2004 Cost Allocation Plan and Schedule of City Fees. (B. Grewal/L. Vargas) (07:33 PM)

Item 17

City Engineer, Bailey Grewal, presented a staff report noting that the state of the art Development Fee Program paid for the required infrastructure identified in the City's general plan. This annual review required by the general plan ensured that the new development fees conformed with the statutory requirements of AB 1600 and the development fee program represented more than $648 million in total costs of capital improvements for the build out of the City.

Mayor Swisher opened the public hearing.

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

Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher

Council Member Gutierrez asked if wastewater fees would be based on the fee allocation.

Engineer Grewal stated that it would and that it would be less if the area was annexed into the City.

Council Member Beckstrand commented that she was in favor of the Library line item.

Motion: Approve waiving full reading and adopting Resolution No. 2004-32 as recommended by staff.
Moved by Hill, seconded by Gutierrez.

Vote: Carried 5-0.
Yes: Beckstrand; Gutierrez; Hill; Petrovich; Swisher

OLD BUSINESS (07:39 PM)

18. Consideration of Parks and Recreation Commission recommendation related to Oak Meadow Park located in the SunCal development adjacent to the Krey Elementary School on the northeast corner of Foothill Drive and Crawford. (C. Bronzan) (07:39 PM)

Director of Parks and Recreation, Craig Bronzan, presented a staff report and history regarding Oak Meadow Park noting that the Park needed to be used until Sunset was ready. Staff had met with neighbors and suggested nine recommendations to the Parks & Recreation Commission. Moving the lights would not be good and the City would not want to limit future light opportunities for build out. He stated that the Parks & Recreation Commission had supported the nine recommendations from staff. He requested Council direction and asked if Oak Meadow was intended for lighted ball fields or if lights should it be removed, and if it did not have lights, it would reduce the future capacity for other activities.

Mayor Swisher opened the item for public comments.

The following citizens expressed concerns such as noise, traffic, overflow parking, reductions in property values and safety and were not in favor of the recommendations: Wayne Francis, James Fritts, Jr., Joan Wenters, Lana Olehy, Jon Munro, Mark Claybrooks, Marilyn Samuels.

James Helming asked that all people be considered and Jeff Schults was in favor of the Parks and Recreation Commission recommendation.

Council Member Gutierrez asked that Council look at build out. She said that the developer should have taken responsibility as was planned and fulfill certain requirements before moving on. In the future, there would need to be adult recreation for the community. Moving the lights would take away from the 10-acre park would create a lack of parks. She could see moving the time to another hour and was supportive of staff recommendation.

Council Member Beckstrand said she believed that there was due diligence and disclosure presented by the title company. The park had been planned for a number of years to serve the community and she did not see how the City could make concessions since it would take away from the general plan, which was outlined years ago.

Council Member Petrovich said that 11:00 p.m. was too late and that he was concerned about traffic in the neighborhood and public situations. The lighting should go off at a reasonable hour and there should be no loitering.

Mayor Swisher said that 11:00 p.m. was unreasonable since it was adjacent to residential. There was a large adult softball league and Sunset would assist with the leagues when it opened in one year. If the park was designated youth, it would need to be earlier.

Council Member Hill said the Park was a community amenity and that 9:00 p.m. was sufficient during weekdays. City parks were open and used by the community and there was not the luxury of designating youth parks. The City had to proceed with the park and could change the hours on the lights but could not remove them. The park system was being delivered for the benefit of the residents and he asked to reduce the hours to 9:00 p.m. during the week.

Director Bronzan said that softball leagues may need to be cancelled, effective immediately, regarding the 9:00 p.m. time for lights during the week.

Motion: Approve the staff and Parks and Recreation Commission recommendation related to Oak Meadow Park located in the SunCal development adjacent to the Krey Elementary School on the northeast corner of Foothill Drive and Crawford, limiting the light use Sunday through Thursday until 9:00 p.m.
Moved by Gutierrez, seconded by Beckstrand.

Vote: Carried 4-1.
Yes: Beckstrand; Gutierrez; Hill; Swisher
No: Petrovich

CITIZEN COMMENTS - None. (08:57 PM)

INFORMATIONAL REPORTS FROM STAFF - No action required

19. Subdivision No. 8556: Final Map approval. (K. Diaz) Pulled from the agenda as requested by staff.

20. Subdivision No. 8557, Providence Place; Final Map approval. (K. Diaz) Pulled from the agenda as requested by staff.

21. Subdivision No. 8697, Sand Creek 2; Final Map approval. (K. Diaz) Pulled from the agenda as requested by staff.

22. Subdivision No. 8659, Brookfield Unit 10; Final Map approval. (K. Diaz) No action required.

23. Subdivision No. 8426, Garin Landing; Final Map approval. (K. Diaz) No action required.

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS - None. (08:57 PM)

REQUESTS FOR FUTURE AGENDA ITEMS - None. (08:57 PM)

ADJOURNMENT (08:58 PM)

Motion: Approve ADJOURNMENT at 8:57 p.m.
Moved by Swisher, seconded by Gutierrez.

Respectfully Submitted,

Cynthia Garcia
Assistant City Clerk

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov