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Current Council Agenda and Past Meeting Information

 

CITY OF BRENTWOOD
CITY COUNCIL MEETING MINUTES
TUESDAY, AUGUST 24, 2004
COUNCIL CHAMBER

CALL TO ORDER (6:47 PM)
Roll Call
Present: Beckstrand; Hill; Petrovich; Swisher
Absent: Gutierrez

ADJOURN TO CLOSED SESSION (6:50 PM)
Conference with Legal Counsel - Anticipated Litigation - Initiation of litigation pursuant to Government Code §54956.9(c). One Case potential case

RECONVENE IN OPEN SESSION (7:00 PM)
Roll Call (06:58 PM)
Present: Beckstrand; Hill; Petrovich; Swisher
Absent: Gutierrez

Mayor Swisher informed that there was no report from Closed Session.

AGENDA REVIEW - None. (7:00 PM)
CITIZEN COMMENTS (7:00 PM)
Bill Putman announced that the Country Western BBQ, sponsored by Delta Community Services, would be held August 28, 2004 from 4:30 to 8:00 p.m.

Richard Bates spoke regarding Item 15, which had been removed from the agenda. He said he believed that the Comcast issue should be negotiated. He asked what the findings of the hearings were and how much had been spent on legal fees.

CONSENT CALENDAR (07:01 PM)
1. Approved Minutes of August 10, 2004. (K. Diaz)

2. Approved Resolution No. 2004-202 approving an agreement for purchase of a fee parcel with Contra Costa County Flood Control District (CCCFCD) for real property, generally located on the southwest corner of Lone Tree Way and the old Fairview Avenue intersection; 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 purchase agreement and such other documents as may be needed to complete the transaction including acceptance of the Deed. (B. Grewal/M. Sullivan)

3. PULLED FOR DISCUSSION - Approve a Resolution authorizing the Mayor or City Manager and City Clerk or any of their designees to execute a Quitclaim Deed and any other documents necessary to terminate any interest the City of Brentwood may have in that portion of an Irrevocable Offer of Dedication of an Easement for Storm, Flood and Surface Water Drainage lying within a portion of APN 010-150-033, generally located south of Balfour Road and east of Guthrie Lane, as described in that certain document recorded December 7, 1973 Series No. 115148 in Book 7108 at Page 591, and hereby conveying whatever interest the City may have in said easement to Charles Richards and Mary Richards. (B. Grewal/M. Sullivan)

4. Approved Resolution No. 2004-203 approving an agreement for sale of City owned property with Horace J. Siino and Norrine A. Siino, his wife, as Joint Tenants, for real property described as a portion of Parcel B in the accepted Offer of Dedication along Fairview Avenue referred to on Subdivision MS 9-77 filed January 16, 1978 in Book 61 of Maps at Page 42 of Contra Costa Records and the remnant purchased as part of the right-of-way acquisition for the realigned Fairview Avenue, related to the Lone Tree Way Widening – Segments 1 and 2 (previously known as The Northwest Quadrant Infrastructure Project), CIP Project No. 336-3127, both properties generally located on the west side of Fairview Avenue south of Horizon Street; hereby conveying 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 for Sale, and such other documents as may be needed to complete the transaction including execution of a Quitclaim Deed. (B. Grewal/M. Sullivan)

5. Approve Resolution No. 2004-204 submitting the General Obligation Bond Tax Rate to Contra Costa County for the 2004/05 tax roll. (P. Ehler/J. Stevenson)

6. Approved appointments of Ashley Clare, Ronald Fugazzi, Barbara Guise, Tom Jones, Lillian Navarrette, Shelly Newton, Greg Robinson, Manuel Vilchez and Dirk Zeigler to the Citizen’s Advisory Committee on Community Facilities. (J. Stevenson/K. Chew)

7. Waived second reading and adopted Ordinance No. 783 establishing a Farmer’s Market as a conditionally permitted use in the Central Business (CB) District Zone and establishing standards for their review, consistent with outdoor dining and/or merchandise displays in the CB Zone right-of-way. (H. Sword/M. Leana)

8. Rejected the claim of Pacific Rim Plumbing presented on June 8, 2004 as recommended by the City’s third party adjuster, Contra Costa County Municipal Risk Management Insurance Authority, and the City Attorney. (K. Diaz)

9. Approved Resolution No. 2004-205 approving a grant in the amount of $19,000 to Contra Costa Health Services for a part-time Café Manager at the Co Co Café. (J. Stevenson/C. Bronzan)

10. Approved Resolution No. 2004-206 authorizing the City Manager to execute an agreement with the Contra Costa Water District pertaining to long term treated water services as a part of the Surface Water Treatment Facility - Phase II, CIP Project No. 562-5629 and authorize staff to reimburse Contra Costa Water District in a not to exceed amount of $2,100,000, which constitutes 50% of the estimated design and associated administration costs. (B. Grewal/P. Eldredge)

11. PULLED FOR DISCUSSION - Approve a Resolution of Vacation, under the State of California Streets and Highways Code, Division 9, Part 3, Chapter 4, Section 8330(a), authorizing the Mayor or City Manager and City Clerk or any of their designees to execute a Quitclaim Deed terminating any interest the City of Brentwood may have in a portion of Fairview Avenue (previous alignment) and a portion of the recently acquired Contra Costa County Flood Control District (CCCFCD) property said properties being shown as “Properties to be Conveyed by Separate Documents” on Parcel Map MS 360-01, entitled “Tri City Plaza” and filed in the Office of the Recorder of Contra Costa County on December 1, 2003 in Book 188 of Parcel Maps at Page 44, generally located south of Lone Tree Way, west of Union Pacific Railroad Right-of-Way and east of the new alignment of Fairview Avenue, and hereby conveying whatever interest the City may have in said portions of Fairview Avenue and a portion of the recently acquired Contra Costa County Flood Control District (CCCFCD) property to Lucia Albers and Monte D. Albers, wife and husband and Elizabeth Ann Iannaccone, a married woman, as her sole and separate property. (B. Grewal/M. Kirby/M. Sullivan)

12. Approved Resolution No. 2004-207 accepting the right-of-way offers of dedication in-fee; accepting easements, abutter’s rights and sub-surface mineral and water rights as shown on the Final Map; accepting all on and off-site public improvements for maintenance; accepting the Subdivision Maintenance Bond and releasing the Subdivision Improvement Securities for Birchwood Estates, Lafferty Homes, Subdivision No. 8048, located north of Chestnut Street and west of Garin Parkway. (B. Grewal/D. Galey)

13. PULLED FOR DISCUSSION - Approve a Resolution accepting the right-of-way offers of dedication in-fee; accepting easements, abutter’s rights and sub-surface mineral and water rights as shown on the Final Map; accepting all on and off-site public improvements for maintenance; accepting the Subdivision Maintenance Bonds and releasing the Subdivision Improvement Securities for California Orchard Phase I, KB Home South Bay, Subdivision No. 8199, located west of Walnut Boulevard and south of Continente Avenue. (B. Grewal/D. Galey)

14. PULLED FOR DISCUSSION - Approve a Resolution accepting the right-of-way offers of dedication in-fee; accepting easements, abutter’s rights and sub-surface mineral and water rights as shown on the Final Map; accepting all public improvements for maintenance; accepting the Subdivision Maintenance Bond and releasing the Subdivision Improvement Securities for California Orchard Phase II, KB Home South Bay, Subdivision No. 8342, located west of Walnut Boulevard and south of Continente Avenue. (B. Grewal/D. Galey)

CONSENT CALENDAR ACTIONS (07:01 PM)
Motion: Approve Consent Calendar Items 1 - 4, 4 - 10 and 12 as recommended.
Moved by Petrovich, seconded by Beckstrand.

Vote: Motion carried 4-0.

Yes: Beckstrand; Hill; Petrovich; Swisher
Absent: Gutierrez
3. Approve a Resolution authorizing the Mayor or City Manager and City Clerk or any of their designees to execute a Quitclaim Deed and any other documents necessary to terminate any interest the City of Brentwood may have in that portion of an Irrevocable Offer of Dedication of an Easement for Storm, Flood and Surface Water Drainage lying within a portion of APN 010-150-033, generally located south of Balfour Road and east of Guthrie Lane, as described in that certain document recorded December 7, 1973 Series No. 115148 in Book 7108 at Page 591, and hereby conveying whatever interest the City may have in said easement to Charles Richards and Mary Richards. (B. Grewal/M. Sullivan)

Motion: Approve waiving full reading and adopting Resolution No. 2004-208 as recommended.
Moved by Swisher, seconded by Beckstrand.

Vote: Motion carried 3-0.

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

11. Approve a Resolution of Vacation, under the State of California Streets and Highways Code, Division 9, Part 3, Chapter 4, Section 8330(a), authorizing the Mayor or City Manager and City Clerk or any of their designees to execute a Quitclaim Deed terminating any interest the City of Brentwood may have in a portion of Fairview Avenue (previous alignment) and a portion of the recently acquired Contra Costa County Flood Control District (CCCFCD) property said properties being shown as “Properties to be Conveyed by Separate Documents” on Parcel Map MS 360-01, entitled “Tri City Plaza” and filed in the Office of the Recorder of Contra Costa County on December 1, 2003 in Book 188 of Parcel Maps at Page 44, generally located south of Lone Tree Way, west of Union Pacific Railroad Right-of-Way and east of the new alignment of Fairview Avenue, and hereby conveying whatever interest the City may have in said portions of Fairview Avenue and a portion of the recently acquired Contra Costa County Flood Control District (CCCFCD) property to Lucia Albers and Monte D. Albers, wife and husband and Elizabeth Ann Iannaccone, a married woman, as her sole and separate property. (B. Grewal/M. Kirby/M. Sullivan)

Motion: Approve waiving full reading and adopting Resolution No. 2004-209 as recommended.
Moved by Swisher, seconded by Beckstrand.

Vote: Motion carried 3-0.

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

13. Approve a Resolution accepting the right-of-way offers of dedication in-fee; accepting easements, abutter’s rights and sub-surface mineral and water rights as shown on the Final Map; accepting all on and off-site public improvements for maintenance; accepting the Subdivision Maintenance Bonds and releasing the Subdivision Improvement Securities for California Orchard Phase I, KB Home South Bay, Subdivision No. 8199, located west of Walnut Boulevard and south of Continente Avenue. (B. Grewal/D. Galey)

Motion: Approve waiving full reading and adopting Resolution No. 2004-210 as recommended.
Moved by Hill, seconded by Petrovich.

Vote: Motion carried 3-0.

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

14. Approve a Resolution accepting the right-of-way offers of dedication in-fee; accepting easements, abutter’s rights and sub-surface mineral and water rights as shown on the Final Map; accepting all public improvements for maintenance; accepting the Subdivision Maintenance Bond and releasing the Subdivision Improvement Securities for California Orchard Phase II, KB Home South Bay, Subdivision No. 8342, located west of Walnut Boulevard and south of Continente Avenue. (B. Grewal/D. Galey)

Motion: Approve waiving full reading and adopting Resolution No. 2004-211 as recommended.
Moved by Hill, seconded by Petrovich.

Vote: Motion carried 3-0.

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

PUBLIC HEARINGS (07:02 PM)
15. REMOVED FROM THE AGENDA - the public hearing to determine whether a material breach of Cable Television Franchise has occurred – assignment of franchise without City’s approval. (J. Stevenson)

16. Consideration of a Resolution authorizing the City Manager to execute an agreement with Paxio, Inc., for access to public right-of-way and use of City-owned conduit to provide high-speed data, internet access, telecommute and video conference services. (J. Stevenson)

City Manager, John Stevenson, presented a staff report noting that Paxio had offered high speed data sevices to homes and a lease agreement had been negotiated. He added that this was for high speed data, not cable services.

Mayor Swisher opened the public hearing.

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

Vote: Motion carried 4-0.

Yes: Beckstrand; Hill; Petrovich; Swisher
Absent: Gutierrez
Motion: Approve waiving full reading and adopting Resolution No. 2004-212 as recommended.
Moved by Petrovich, seconded by Beckstrand.

Vote: Motion carried 4-0.

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

OLD BUSINESS (07:05 PM)
17. Discussion and direction to staff concerning processing of Residential Growth Management Project (RGMP) allocations prior to Council consideration of proposed revisions to the 2004 RGMP at the September 14, 2004 City Council meeting. (J. Stevenson)

City Manager, John Stevenson, presented a staff report asking for clear instruction to staff on what Council wished to do. The revised RGMP would be considered on September 14, 2004 and he asked for direction regarding the few projects currently in process.

Mayor Swisher said the RGMP was an Ordinance and applications should be processed as they came through.

Council Member Hill said that Council could decide on September 14, 2004, whether the proposed RGMP revisions were appropriate.

In response to Council Member Petrovich, City Manager Stevenson said that there were 46 units still available in the allocation and the procedure would continue to move forward to consider the allocations.

Mayor Swisher noted that the RGMP was in place and applications still needed to be processed. Since there were 46 lots available, it was up to the Council as to whether or not to use those lots now or whether to wait.

Tom Kambe, Discovery Builders, said that he had processed his project under the exemption for the northwest quadrant and would continue to process under the exemption.

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS - None. (07:12 PM)
REQUESTS FOR FUTURE AGENDA ITEMS (07:12 PM)
ADJOURNMENT (07:12 PM)
Motion: Approve adjournment.
Moved by Swisher, seconded by Hill.

Vote: Motion carried 4-0.

Yes: Beckstrand; Hill; Petrovich; Swisher
Absent: Gutierrez
NOTE: The regular meeting of September 14, 2004 will be held at Summerset II, The Palms Recreation Center, 193 Summerset Drive, Brentwood, CA 95413.

Respectfully Submitted,

Cynthia Garcia, Assistant City Clerk
 

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov