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Item 1A

MINUTES
CITY OF BRENTWOOD
CITY COUNCIL MEETING
February 24, 2004

CALL TO ORDER CITY COUNCIL (06:30 PM)

Roll Call (06:30 PM)
Present: Beckstrand; Gutierrez; Hill; Petrovich; Swisher

ADJOURN TO CLOSED SESSION

Conference with Legal Counsel - Existing Litigation Pursuant to Gov’t Code § 54956.9(a):
The City of Brentwood v. Andrade, et al., Case No. C02-03373

Motion: Approve ADJOURNMENT at 6:47 p.m.
Moved by Petrovich, seconded by Beckstrand.

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

RECONVENE TO OPEN SESSION (07:04 PM)

Council reconvened at 7:04 PM with all Council Members present and no reportable action from Closed Session.

PRESENTATIONS (07:04 PM)

A. Oath of Office for reappointed Arts Commissioners Barbara Guise, Helen Myers, Chris Robinson and Joe Trebino.

Mayor Swisher administered the Oath of Office.

B. Presentation by Susan Miller of Contra Costa Transportation Authority on the Draft Countywide
Transportation Plan. (07:06 PM)

Susan Miller presented information on the draft countywide Transportation Plan and requested that Council input be received on the plan by March 8, 2004.

Council Member Beckstrand asked that the deadline for Council input be extended since the Council would not be meeting again until March 9, 2004. She asked CCTA for the minutes from the TransPlan discussion and asked Ms. Miller to work with Director Oshinsky.

Council Member Hill was concerned that there was not enough time for Council to discuss the Transportation Plan.

Council Member Gutierrez said she belieived that the Plan did not address immediate growth concerns and there was not adequate transportation.

C. Presentation on Winter Wonderland concept in City Park. (C. Bronzan) (07:27 PM)

Director of Parks and Recreation, Craig Bronzan, introduced Sherry Begogian and Keisha Zogg who presented a video to Council regarding the Winter Wonderland concept. Director Bronzan stated that staff would move forward if Council supported the project, which would involve community support and the estimated cost would be $60,000.

Council Member Petrovich said he was in favor of the concept.

Council Member Hill asked staff to find a way to not charge families who could not afford to pay for the wonderland He was concerned about assigning the event to local businesses and that the wonderland would be too commercialized. He asked that participating business be recognized.

AGENDA REVIEW (07:37 PM)

Item 1 Amended first page regarding Closed Session.

Item 4 Corrected amount of the contract to $186,780.

Item 5 Added one open purchase order to the list of vendors.

Item 7 Corrected language in the staff report to read credited.

Item 12 Provides alternative text for consideration regarding motion picture theater proposal.

Additional correspondence received regarding Item 12.

Motion: Approve AGENDA REVIEW.
Moved by Beckstrand, seconded by Gutierrez.

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

CITIZEN COMMENTS (07:38 PM)

Bill Putman announced a St. Patrick's Day Dinner on March 13, 2004 at the Community Center from 4:30 to 8:00 p.m. and tickets were available through the Chamber of Commerce and Parks & Recreation Department.

CONSENT CALENDAR - Items 5, 8, 9, 10 and 11 pulled for discussion. (07:40 PM)

1. Approved Minutes of February 10, 2004 as recommended. (K. Diaz)

2. Approved Resolution No 2004-33 authorizing the submittal of two grant proposals to the State Department of Transportation for the 2004/05 Safe Routes to School Program, fifth cycle, and authorizing the City Engineer to execute and submit all documents which may be necessary. (P. Ehler/K. Wahl/B. Grewal/B. Bornstein)

3. Approved Resolution No. 2004-34 approving the City of Brentwood 2003/2004 Disadvantaged Business Enterprise goal of 4.9% for U.S. Department of Transportation contracting opportunities. (P. Ehler/K. Wahl/B. Grewal)

4. Approved Resolution No. 2004-35 for the addition of the Fire Station #56 Project, CIP Project No. 337-3703, to the City’s 2003/04 – 2007/08 Capital Improvement Program and also authorize the City Manager to execute a Professional Services Agreement with Loving & Campos Architects Inc. for the design of Fire Station #56 in the amount of $186,780, and authorize change orders up to 10% of the contract amount. (E. Nolthenius)

5. 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) (07:40 PM)

Council Member Petrovich asked if the updated amounts were budgeted.
Director of Finance and Information Systems, Pamela Ehler, stated that all of the money was budgeted.
Motion: Approve waiving full reading and adopting Resolution No. 2004-37 as recommended by staff.
Moved by Petrovich, seconded by Gutierrez.

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

6. Approved Amendment No. 2 to the Employment Agreement between the City of Brentwood and John Stevenson. (K. Stein)

7. Approved Resolution No. 2004-36 approving the following actions: (1) approve an agreement for purchase of fee parcel (property exchange) with Ralph Martin, Jim Martin, Paul Martin and Lawrence Martin, for real property identified as a portion of APN 019-031-001, generally located on the southwest corner of Amber Lane and Shady Willow Lane, 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; (2) authorize the Mayor or City Manager and City Clerk or any of their designees to execute a Grant Deed, and such other documents as may be needed to complete the transaction to convey the City owned property identified as a portion of APN 019-010-011, APN 019-010-017 and APN 019-010-028 (property exchange) from the City of Brentwood to Ralph Martin, Jim Martin, Paul Martin and Lawrence Martin or their designees, described in said purchase agreement Phase 1 Project, CIP Project No. 336-3143 and Fire Station #56, CIP Project No. 337-3703. (B. Grewal/M. Kirby/M. Sullivan)

8. Approved a Resolution to amend Budget and Fiscal Policy No. 10-5. (P. Ehler/D. Davies)

Mayor Swisher referred to Section H regarding the City striving to maintain a balanced budget for over two years. He asked that the language be amending to included that the balanced budget be every year.

Motion: Approve waiving full reading and adopting Resolution No. 2004-38 to amend Budget and Fiscal Policy No. 10-5, incorporating language that the budget be balanced every year. (P. Ehler/D. Davies)
Moved by Swisher, seconded by Hill.

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

9. Approve a Resolution authorizing the City Manager to execute a Professional Services Agreement for The Covello Group, Inc., to provide project management assistance for the Sand Creek Road (East) Project, CIP Project No. 336-3061, and associated mitigation and landscaping projects, and authorize the City Manager to approve change orders up to 10% of the contract amount. (B. Grewal/P. Eldredge) (07:44 PM)

City Manager Stevenson informed that the developer had requested four weeks to complete the project. When the City told the developer that four weeks was unacceptable, the contractor said it would take three weeks to finish the project. The City Engineer would oversee completion.

Council Member Hill asked that the construction be completed in three weeks.

Motion: Approve waiving full reading and adopting Resolution No. 2004-39, as recommended by staff, noting that the contractor has a three week period to complete the project.
Moved by Gutierrez, seconded by Hill.
Vote: Carried 4-0.
Yes: Gutierrez; Hill; Petrovich; Swisher
Abstain: Beckstrand
10. Set the date of March 9, 2004 at 5:30 p.m. in the City Council Chambers to hold a City Council Workshop to review the 50% Schematic Design alternatives for the New City Hall, CIP Project No. 337-3139. (H. Sword/M. Huber) (07:46 PM)

Motion: Approve Setting the date of March 9, 2004 at 5:30 p.m. in the City Council Chambers to hold a City Council Workshop to review the 50% Schematic Design alternatives for the New City Hall, CIP Project No. 337-3139. (H. Sword/M. Huber)
Moved by Swisher, seconded by Beckstrand.

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

11. Approve a Resolution amending the Purchasing Policy No. 10-7 to update the credit card section to include use of the California State CAL-Card Procurement credit card. (P. Ehler/D. Davies) (07:46 PM)

In response to Council Member Petrovich, Director of Finance and Information Systems, Pamela Ehler, said City was going to Cal Card system.

Motion: Approve waiving full reading and adopting Resolution No. 2004-40 as recommended by staff. (P. Ehler/D. Davies)
Moved by Petrovich, seconded by Hill.

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

CONSENT CALENDAR ACTIONS

Motion: Approve CONSENT CALENDAR Items 1-4 and 6-7.
Moved by Petrovich, seconded by Gutierrez.

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

PUBLIC HEARINGS (07:48 PM)

12. Consideration of a Zoning Ordinance Amendment to regulate the location of Motion Picture Theaters. (M. Oshinsky/H. Sword) (07:48 PM)

Community Development Director, Mitch Oshinsky, presented a staff report, noting that Council had directed staff to work on a specific plan to identify land use and development strategies to make the downtown stronger. An alternative ordinance had been prepared for Council consideration and until the downtown specific plan was adopted, new motion picture theaters would not be permitted.

Mayor Swisher opened the public hearing.

Louis Andradre said that it would be nice to have a theater downtown and that he had seen theaters only with other economic activity, such as in shopping centers. If there was a theater without economic activity, it may not draw people in. He asked Council to reconsider the moratorium on theaters and to place them in shopping areas.

Mayor Swisher asked what the time line was for the downtown specific plan to be complete.

Director Oshinsky responded that it would be six months.

Barbara Guise asked that Council wait until the specific plan was done and that Council needed to listen to the citizens and place a moratorium on it until the specific plan was complete.

Director of Economic Development, Howard Sword, said he believed that the market potential would be there.

Daphne Arteaga Swisher said that the Delta Theater was one of the last landmarks downtown and she asked to be able to add on to the existing landmark.

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

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

Council Member Petrovich said he was not in favor of the way the consultant did the specific plan and if the Council did not do it, Antioch would do it and get the revenue from it. He was opposed to the moratorium.

Mayor Swisher said that having a theater downtown would close the Delta.

Council Member Gutierrez agreed that would need to be other shops if a multiplex theater was there. She said she would support the agenda review item.

Council Member Beckstrand said she was not aware of anything pending and would like to give the down town specific plan a chance.

Council Member Hill said that people wanted to be where the dollars were and he supported adopting the revised agenda review item. He asked to look at the specific plan and see where it fit.

Motion: Approve introduction and waive full reading of Ordinance No. 772 as recommended by staff.
Moved by Hill, seconded by Beckstrand.

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

CITIZEN COMMENTS - None (08:08 PM)

INFORMATIONAL REPORTS FROM STAFF - No action required (08:08 PM)

13. Informational report on Subdivision No. 8556; Final Map approval. (K. Diaz)

14. Informational report on Subdivision No. 8557, Providence Place; Final Map approval. (K. Diaz)

15. Informational report on Subdivision No. 8697, Sand Creek 2; Final Map approval. (K. Diaz)

REQUESTS FOR FUTURE AGENDA ITEMS - None

ADJOURNMENT (08:08 PM)

Motion: Approve ADJOURNMENT
Moved by Swisher, seconded by Petrovich.

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

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