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Current Council Agenda and Past Meeting Information

 

ITEM 1

CITY OF BRENTWOOD
CITY COUNCIL MEETING MINUTES
TUESDAY, JULY 13, 2004
COUNCIL CHAMBER, 7:00 P.M.

CALL TO ORDER CITY COUNCIL MEETING (07:01 PM)
Roll Call
Present: Gutierrez; Petrovich; Swisher; Beckstrand; Hill

PRESENTATIONS (07:02 PM)
A. California POST Executive Certificate to Police Chief Davies

Ron Wood, California POST Commission, presented the award to Chief of Police, Michael Davies.

B. New Employee Introductions/Oath of Allegiance and Employee Promotions.

Item B

City Clerk, Karen Diaz, introduced Hazel Wetherford, Administrative Assistant II.
Police Chief, Michael Davies, introduced Sarah Vallejo, Community Service Officer I.

Director of Parks & Recreation, Craig Bronzan, introduced Rebekah Burr-Siegel, Arts Services Manager.

Director of Finance & Information Systems, Pam Ehler, introduced Monica Reposa, Administrative Assistant II.

Mayor Swisher administered the Oath of Office.

Police Chief, Michael Davies, introduced the following employees who had recently been promoted: Salvatore DiMercurio to Sergeant, Sandra Diaz, Community Service Officer III, Joe Garcia, Jr., to Community Service Officer II and Michelle Keady to Community Service Officer II.

AGENDA REVIEW (07:20 PM)
AGENDA REVIEW

Agenda Motion to approve the revised agenda.

Item 5 Remove from the agenda as requested by staff.

Item 28 Correspondence regarding the proposed ordinance.

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

Vote: Motion carried 3-0.

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

CITIZEN COMMENTS (07:21 PM)
Chris Becnel spoke about the Cornfest noting that there had been 50,000 attendees and he thanked those that participated.

Karen Rogge referred to Item 5 noting that 20,000 square foot lots were premium and should be saved for home buyers. Affordable housing should be included and she recommended that duets be built on smaller lots similar to the Rose Garden since a four plex would stand out and duets would be more compatible.

CONSENT CALENDAR (07:25 PM)
1. PULLED FOR DISCUSSION - Approve Minutes of June 22, 2004. (K. Diaz)

2. PULLED FOR DISCUSSION - Continue to August 10, 2004 the Public Hearing to Determine Whether a Material Breach of Cable Television Franchise has occurred – Assignment of Franchise without City’s approval. (D. Beougher)

3. Authorized the City Manager to execute a Professional Services Agreement with Seifel Consultants, Inc., in an amount not to exceed $30,000 for the 2004/2005 fiscal year.(H. Sword/E. Bonneville)

4. Authorized the City Manager to execute a Professional Services Agreement for Legal Services with McDonough Holland & Allen in an amount not to exceed $40,000 for the 2004/2005 fiscal year. (H. Sword/E. Bonneville)

5. REMOVED FROM THE AGENDA - Approve a Resolution approving an Affordable Housing Agreement between the City of Brentwood and Amber Park LLC (Mission Peak Homes) for Subdivision 8470 and 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. (E. Bonneville/H. Sword)

6. Approved Resolution No. 2004-163 approving an Affordable Housing Agreement between the City of Brentwood, Brentwood Redevelopment Agency, and Brentwood Arbor Ridge, L.P., for 178-unit apartment complex on Shady Willow Lane. (H. Sword/G. Rozenski)

7. Approved Resolution No. 2004-164 authorizing the Mayor or City Manager and City Clerk or any of their designees to execute a Correction Quitclaim Deed conveying the following: (1) hereby conveying the fee interest in all right, title and interest in and to all oil, gas casinghead gasoline and other hydrocarbons and mineral substances below 500 feet without surface entry rights in the property conveyed to the City by Grant Deed recorded November 8, 2002, Instrument No. 2002-0416671-00; (2) hereby conveying all mineral rights described in the areas offered for dedication to the City on Parcel Map MS 362-02 filed September 3, 2003 in Contra Costa County, Map Book 188 at Pages 6 through 9, generally known as the Winco site located on the north side of Lone Tree Way between Empire Avenue and Fairview Avenue, from Rose Marie Pierce, as trustee of The Elmo Clifford and Rose Marie Pierce Surviving Spouse’s Trust, as to an undivided ½ interest; Paul Martin, a married man, Ralph Martin, a married man, James Martin and Lawrence Martin, a married man as to an undivided ½ interest; all as tenants in common, and any other documents necessary to terminate City interest in the above, as may be needed to complete the transfer. (B. Grewal/M. Sullivan)

8. Approved Resolution No. 2004-165 approving a Purchase Agreement with GNG, LLC, for purchase of a fee parcel for real property identified as a portion of APN 019-040-047, generally located at the southeast corner of Shady Willow Lane and Lone Tree Way in the City of Brentwood; 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 - Shady Willow Lane Extension - Phase l, CIP Project No. 336-3143. (B. Grewal/M. Sullivan)

9. Approved Resolution No. 2004-166 authorizing the Mayor or City Manager and City Clerk or any of their designees to execute a Quitclaim Deed and any other documents necessary terminating any interest the City of Brentwood may have in that portion of an Irrevocable Offer of Dedication of an easement for roadway purposes lying within Parcel “C” (APN 010-010-015) referred to in the Instrument recorded October 9, 1969, in Book 5979 at Page 227 and shown on Parcel Map MS 121-69, filed October 9, 1969 in Book 10 of Parcel Maps at Pages 38 & 39 (now shown as Parcel A [APN 010-010-028] on Parcel Map MS 355-02, filed in Book 185 of Parcel Maps at Pages 34 & 35), and hereby conveying whatever interest the City may have in the above to Lee Scott and Alisha Scott, as Trustees of The Scott Family Revocable Trust UDT dated December 9, 2002, only as to that portion of the above that may affect the owner’s property. (B. Grewal/M. Sullivan)

10. Approved Resolution No. 2004-167 certifying the mitigated Negative Declaration for the O’Hara Loop Realignment, CIP Project No. 336-3145 and authorize staff to move forward with the project. (B. Grewal/B. Bornstein)

11. Approved Resolution No. 2004-168 accepting work performed at 120 Oak Street, for the Engineering Annex, CIP Project No. 337-3140. (H. Sword/M. Huber)

12. PULLLED FOR DISCUSSION - Approve a Resolution approving the contract documents and award the construction contract for the New Police Station (Seismic Retrofit) to Concord Ironworks, Inc., and further authorize the City Manager to execute change orders within a 10% contingency for a total authorized amount of $768,295. (H. Sword/M. Huber)

13. Approved Resolution No. 2004-169 certifying the mitigated Negative Declaration for the Zone I Reservoir 1.3, CIP Project No. 562-5630 and authorize staff to move forward with the project. (B. Grewal/P. Eldredge)

14. PULLED FOR DISCUSSION - Approve appointments of Greg Ruiz and Doreen Forlow to the Arts Commission. (C. Bronzan/P. Scherff)

15. Approved authorization for City Manager to vote “Yes” on the official assessment ballots for City-owned parcels on the Parks and Open Space Protection and Preservation Assessment by the Contra Costa County Open Space Funding Authority. (J. Stevenson/C. Bronzan)

16. Approved Resolution No. 2004-170 approving a Lease with MetroPCS to Locate a Wireless Antenna Site on a City owned parcel near San Jose Avenue and the Highway 4 Bypass. (D. Beougher)

17. Approved Resolution No. 2004-171 authorizing the City Manager to Execute a Disclaimer in State Route 4 Bypass Authority v. Ruckstahl LLC, et al. (B. Grewal/J. Stevenson)

18. Approved Resolution No. 2004-172 authorizing an increase in the Streets Division 2004/05 Operating Budget; approving the purchase of one AT37-G Aerial Lift Truck from Altec Industries, Inc. and authorizing the City Manager to execute a purchase order not to exceed $82,744.24. (J. Gallegos/ P. Zolfarelli)

19. Approved Resolution No. 2004-173 authorizing the City Manager to execute a contract with the Highway 4 Bypass Authority for law enforcement services. (M. Davies)

20. Rejected the claim of Ruben Pina presented on May 3, 2004 as recommended by the City’s third party adjuster, Contra Costa County Municipal Risk Management Insurance Authority, City of Brentwood Public Works Department and the City Attorney. (K. Diaz)

21. PULLED FOR DISCUSSION - Reject claim of Robert Clouthier. (K. Diaz)

22. PULLED FOR DISCUSSION - Reject the claim of John A. Alfonso. (K. Diaz)

23. Approved Resolution No. 2004-174 supporting the extension of Measure C sales tax as requested by the Contra Costa Transportation Authority, which takes the following actions: 1) Supports the extension of Contra Costa’s transportation sales tax; 2) Adopts various CEQA findings; and 3) Approves the final Draft Transportation Expenditure Plan. (B. Grewal/K. Stein/K. Wahl)

24. Approved Resolution No. 2004-175 accepting the work performed by Indio’s Construction, Inc. for the construction of City Park Play Area, CIP Project No. 522-5226, and direct the City Clerk to file a Notice of Completion with the County Recorder. (C. Bronzan/J. Hansen)

CONSENT CALENDAR ACTIONS
Motion: Approve Consent Calendar Items 3-4, 6-11, 13, 15 - 20, 23 and 24 as recommended.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 3-0.
Yes: Gutierrez; Petrovich; Swisher
Absent: Beckstrand; Hill

1. Approve Minutes of June 22, 2004. (K. Diaz)

Motion: Approve Minutes of June 22, 2004. (K. Diaz)
Moved by Petrovich, seconded by Gutierrez.
Vote: Motion carried 2-0.
Yes: Gutierrez; Petrovich
Abstain: Swisher
Absent: Beckstrand; Hill

2. Continue to August 10, 2004 the Public Hearing to Determine Whether a Material Breach of Cable Television Franchise has occurred – Assignment of Franchise without City’s approval. (D. Beougher)

In response to Council Member Petrovich, City Attorney, Dennis Beougher, explained the item was continued until that time noting that a special meeting could be held after July 24, 2004, when the 30-day notice had expired.

Motion: Approve continuance of the public hearing to July 27, 2004.
Moved by Petrovich, seconded by Swisher.
Vote: Motion carried 3-0.
Yes: Gutierrez; Petrovich; Swisher
Absent: Beckstrand; Hill

12. Approve a Resolution approving the contract documents and award the construction contract for the New Police Station (Seismic Retrofit) to Concord Ironworks, Inc., and further authorize the City Manager to execute change orders within a 10% contingency for a total authorized amount of $768,295. (H. Sword/M. Huber)


Motion: Approve waiving full reading and adopting Resolution No. 2004-178 as recommended.
Moved by Petrovich, seconded by Gutierrez.
Vote: Motion carried 3-0.
Yes: Gutierrez; Petrovich; Swisher
Absent: Beckstrand; Hill

14. Approve appointments of Greg Ruiz and Doreen Forlow to the Arts Commission. (C. Bronzan/P. Scherff)

Motion: Approve appointments of Greg Ruiz and Doreen Forlow to the Arts Commission.
Moved by Petrovich, seconded by Gutierrez.
Vote: Motion carried 3-0.
Yes: Gutierrez; Petrovich; Swisher
Absent: Beckstrand; Hill

21. Reject claim of Robert Clouthier. (K. Diaz)

Council Member Petrovich expressed concerns about rejection of the claim and City Clerk, Karen Diaz, explained that the claim was under investigation and that by rejecting it, the statutory time limit for filing a lawsuit would begin.

Motion: Approve continuance of rejection of the claim of Robert Clouthier to July 27, 2004. (K. Diaz)
Moved by Petrovich, seconded by Swisher.
Vote: Motion carried 3-0.
Yes: Gutierrez; Petrovich; Swisher
Absent: Beckstrand; Hill

22. Reject the claim of John A. Alfonso presented on February 24, 2004 as recommended by the City’s third party adjuster, Contra Costa County Municipal Risk Management Insurance Authority and the City Attorney. (K. Diaz)

Motion: Approve rejecting the claim of John A. Alfonso presented on February 24, 2004 as recommended by the City’s third party adjuster, Contra Costa County Municipal Risk Management Insurance Authority and the City Attorney.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 2-1.
Yes: Gutierrez; Swisher
No: Petrovich
Absent: Beckstrand; Hill

PUBLIC HEARINGS (07:38 PM)

25. Consideration of Resolutions pertaining to the approval and formation of CIFP 2004-1 and Assessment District No. 2004-1. (B. Grewal/P. Eldredge/D. Galey)

Debra Galey, Engineering Services Specialist, presented a staff report.

John Knox, Bond Counsel, and Bob Williams, Bond Underwriter, Orreck, Harrington, Sutcliff, explained proceedings.

Mayor Swisher opened the public hearing.

Motion: Approve closing the public hearing.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 3-0.
Yes: Gutierrez; Petrovich; Swisher
Absent: Beckstrand; Hill

Motion: Approve waiving full reading and adopting Resolution No. 2004-177 of the City Council of the City of Brentwood approving Capital Improvement Financing Plan 2004-1 and acknowledging certain findings of the City Manager in accordance with title 17.805 of the Brentwood Municipal Code, as amended.
Moved by Petrovich, seconded by Gutierrez.
Vote: Motion carried 3-0.
Yes: Gutierrez; Petrovich; Swisher
Absent: Beckstrand; Hill

Motion: Approve waiving full reading and adopting Resolution No. 2004-178 of the City Council of the City of Brentwood overruling protests, approving Final Engineer’s Report and Assessments, ordering acquisition and/or construction of improvements and levying assessments.
Moved by Petrovich, seconded by Gutierrez.
Vote: Motion carried 3-0.
Yes: Gutierrez; Petrovich; Swisher
Absent: Beckstrand; Hill

Motion: Approve waiving full reading and adopting Resolution No. 2004-179 determining significant public benefits to the City of Brentwood from the sale of Local Obligations to the Brentwood Infrastructure Financing Authority; approving form and substance of a Trust Agreement and authorizing changes thereto and execution thereof; providing for the issuance of City of Brentwood Limited Obligation Improvement Bonds, Assessment District No. 2004-1; approving the sale of said bonds (which establishes the maturities of and interest rates on said bonds); approving the form and substance of a Local Obligation Purchase Contract; a Preliminary Official Statement and a Final Official Statement; a Continuing Disclosure Agreement; a Funding, Acquisition and Disclosure Agreement; and authorizing related actions and the execution of related documents to implement the proposed Financing Plan.
Moved by Gutierrez, no second required.
Vote: Motion carried 3-0.
Yes: Gutierrez; Petrovich; Swisher
Absent: Beckstrand; Hill

Motion: Approve waiving full reading and adopting Resolution No. 2004-180 ordering change and modification proceedings pursuant to waiver of 100% of affected property owners, and approving an Amended Assessment Roll in the Amended Engineer’s Report for Assessment District No. 93-2.
Moved by Gutierrez, no second required.
Vote: Motion carried 3-0.
Yes: Gutierrez; Petrovich; Swisher
Absent: Beckstrand; Hill

RECESS TO BRENTWOOD INFRASTRUCTURE FINANCING AUTHORITY (07:44 PM)
Motion: Approve recessing to the Brentwood Infrastructure Financing Authority.
Moved by Swisher, seconded by Petrovich.
Vote: Motion carried 3-0.
Yes: Gutierrez; Petrovich; Swisher
Absent: Beckstrand; Hill

RECONVENE THE CITY COUNCIL (07:46 PM)

Roll Call
Present: Petrovich; Gutierrez; Swisher
Absent: Beckstrand; Hill

26. Consideration of a Resolution approving Residential Growth Management Program (RGMP) allocation for 480 dwelling units to DeNova Homes located south of Sunset Road and east of Connor Way at the terminus of Havenwood Avenue. (H. Sword/ W. Rhodes)

Senior Planner, Winston Rhodes, presented a staff report. He added that the RGMP Subcommittee and staff recommended the project for approval.

Mayor Swisher opened the public hearing.

Motion: Approve closing the public hearing.
Moved by Gutierrez, seconded by Swisher.
Vote: Motion carried 3-0.
Yes: Gutierrez; Petrovich; Swisher
Absent: Beckstrand; Hill
Council Member Gutierrez said that she would not want to approve another project in 2004/2005 until she had the revised RGMP.

City Manager, John Stevenson, explained that staff was rewriting and re-evaluating the RGMP.

Motion: Approve waiving full reading and adopting Resolution No. 2004-181 approving Residential Growth Management Program (RGMP) allocation for 480 dwelling units to DeNova Homes located south of Sunset Road and east of Connor Way at the terminus of Havenwood Avenue. (H. Sword/ W. Rhodes)
Moved by Petrovich, seconded by Swisher.
Vote: Motion carried 3-0.
Yes: Gutierrez; Petrovich; Swisher
Absent: Beckstrand; Hill

27. Consideration of an Ordinance amending the schedule of City fees to incorporate a new rate for reclaimed water as supplied by the City of Brentwood. (P. Zolfarelli)

David Stoops presented a staff report.

Mayor Swisher opened the public hearing.

Motion: Approve closing the public hearing.
Moved by Petrovich, seconded by Swisher.
Vote: Motion carried 3-0.
Yes: Gutierrez; Petrovich; Swisher
Absent: Beckstrand; Hill

Motion: Approve waiving full reading and introducing Ordinance No. 782 as recommended.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 3-0.
Yes: Gutierrez; Petrovich; Swisher
Absent: Beckstrand; Hill

28. Consideration of an Ordinance amending the Central Business (CB) Zone to establish a Farmers’ Market as a conditionally permitted use, and establish standards for their review consistent with outdoor dining and/or merchandise displays in the CB zone right of way. (H. Sword/M. Leana)

Chief of Planning, Mike Leana, presented a staff report, noting that a Farmers' Market would be allowed only in the CB zone and require that a conditional use permit be processed.

Director of Economic Development, Howard Sword, noted that correspondence had been received from local businesses and restaurants. He recommended that Council open the public hearing and receive comments and continue the public hearing so that interested parties could meet to discuss issues and return to the Council with a recommendation on how to address concerns.

Mayor Swisher opened the public hearing.

Richard Bates spoke presenting concerns about outdoor dining and merchandise displays, which he believed were contrary to promoting the downtown area and assisting merchants. Allowing transient vendors to come in would interfere with established restaurants and parking was a problem. The effects of the market were not well thought out and he asked Council to consider all things.

Elaine Karadais, Caps Restaurant, said that the purpose was to bring people to the downtown area and let them get to the restaurants. Caps had been tolerant and events had affected their business.

Pat Lindsey said the Farmers' Market was produce and flowers, not food or drink and other businesses should not come in from the outside and set up shop. The property owners felt the same and if outdoor seating and dining were to be there, there would be a problem.

Council Member Gutierez asked to honor the Harvest Time request.

John Silveira said that the downtown Farmers' Market was not intended to have sit down dining and he said he was willing to work with local merchants. There would not be another restaurant until the situation was resolved.

Mayor Swisher asked to have the downtown and City representatives advise the management group to not have any prepared food or drink at the farmers market.

Director Sword asked for the opportunity to have the interested parties discuss the issue.

Council Member Gutierrez said she was in favor of limiting prepared food and asked the merchants to meet and work toward a solution.

Motion: Approve continuance to July 27, 2004, recommending to the management to not allow prepared food until a conclusion has been reached.
Moved by Swisher, seconded by Petrovich.
Vote: Motion carried 3-0.
Yes: Gutierrez; Petrovich; Swisher
Absent: Beckstrand; Hill

INFORMATIONAL REPORTS FROM STAFF (08:23 PM)
29. Sunset Industrial Complex status report on close of escrow. (H. Sword/G. Rozenski)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS - None (08:24 PM)
ADJOURNMENT (08:24 PM)
Motion: Approve adjournment.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 3-0.
Yes: Gutierrez; Petrovich; Swisher
Absent: Beckstrand; Hill

Respectfully Submitted,


Cynthia Garcia, Assistant City Clerk

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