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CITY OF BRENTWOOD
CITY COUNCIL MEETING MINUTES

JANUARY 11, 2005
COUNCIL CHAMBER

CALL TO ORDER (06:00 PM)

Roll Call
Present: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

ADJOURN TO CLOSED SESSION (06:01PM)

Closed Session pursuant to Government Code §54956.9A: CONFERENCE WITH LEGAL COUNSEL-
EXISTING LITIGATION
One case: Comcast

Closed Session pursuant to Government Code §54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Liberty Union High School District Bus Barn, Oak Street
City Negotiator: Donna Landeros
Under negotiation: Price and Terms of Payment

Closed Session pursuant to Government Code 54956.9
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
One potential case - A portion of property located at 450 Live Oak Court

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: Price and Terms

RECONVENE IN OPEN SESSION (07:02 PM)

RECESS CITY COUNCIL TO THE BRENTWOOD INFRASTRUCTURE FINANCING AUTHORITY (07:02 PM)

RECONVENE CITY COUNCIL (07:04 PM)

Roll Call
Present: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

Mayor Swisher announced that Council had held a Closed Session and that one item was discussed, with no action to report. Closed Session to discuss the remaining three items would continue following the Redevelopment Agency meeting.

PRESENTATIONS (07:05 PM)

A. New Employee Introductions and Oath of Allegiance.

Director of Public Works, Paul Zolfarelli, introduced James Fuson, Street Maintenance Worker II.
Director of Parks & Recreation, Craig Bronzan, introduced Edie Keller, Administrative Assistant II.

Director of Community Development, Howard Sword, introduced Jamie Aldred, Combination Building Inspector I; Donald Kwong, Economic Development/Redevelopment Analyst and Kwame Reed, Housing Analyst.

Mayor Swisher introduced new City Manager, Donna Landeros.

Mayor Swisher administered the Oath of Office.

AGENDA REVIEW (07:15 PM)

Item 21 Appointments to the Planning Commission.

Item 28 Revised staff report and Resolution.

Motion: Approve Agenda Review.
Moved by Gutierrez, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

CITIZEN COMMENTS (07:16 PM)

Bill Putman announced that Delta Community Services would hold an Italian dinner fundraiser on January 29, 2005 from 4:30 to 8:00 and tickets were $7.50 per person and could be purchased at various locations.

Brian Curtis said he received a ticket from the Police Department and he had spoken to the City Manager's Office. He said he received a ticket because he did not have a permit and asked how people could get a permit.

CONSENT CALENDAR (07:20 PM)

1. Approved minutes of December 14, 2004. (K. Diaz)

2. Approved minutes of special meetings held December 8, 2004 and December 13, 2004. (K. Diaz)

3. Adopted Resolution No. 2005-1 authorizing execution and delivery of an Amendment to Site Lease and an Amendment to Sublease in connection with the Brentwood Infrastructure Financing Authority Infrastructure Revenue Refunding Bonds, Series 2002A and Subordinated Series 2002B. (P. Ehler)

4. Adopted Resolution No. 2005-2 authorizing the allocation of 36 (thirty-six) total transferable agricultural credits to a 19.89 acre site located at 2450 Concord Avenue, the transfer of 20 of these 36 credits to a 30.7 acre site located generally southwest of the intersection of Neroly Road and O’Hara Avenue approved as Magnolia Ranch now known as Granville Estates and described within Vesting Tentative Subdivision Map (VTSM) No. 8724 (APN 018-020-002 and 018-020-003), retention of 16 of the 36 credits by the owners of 2450 Concord Avenue for future use subject to a future City approval, and waiving the City’s interest in being the named holder of the conservation easement. (H. Sword/W. Rhodes)

5. Adopted Resolution No. 2005-3 of Public Interest and Necessity requiring the dedication of the 40-foot strip described in the Deferred Improvement Agreement for the Walnut Acres Mobile Home Park dated June 13, 1972, identified as APN 012-170-005 and the Deferred Improvement Agreement for the Brentwood Lions Club recorded September 16, 1987, in Book 13900 at Page 567 identified as APN 012-170-003, both properties generally located on the east side of Walnut Boulevard between Balfour Road and Oak Street, for the Walnut Boulevard Widening, CIP Project No. 336-3056. (B. Grewal/M. Sullivan)

6. Adopted Resolution No. 2005-4 approving an agreement for purchase of a fee parcel with the Redevelopment Agency of the City of Brentwood for a portion of real property identified as APN 013-232-006, generally located at the northeast corner of Oak Street and Walnut Boulevard, 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. (B. Grewal/M. Sullivan)

7. Waived second reading and adopted Ordinance No. 793 amending Chapter 14.20 of the Municipal Code to address Stormwater System Management and Discharge Control. (B. Grewal/J. Cowling)

8. Waived second reading and adopted Ordinance 790 amending Chapter 17.725 of the City of Brentwood Municipal Code pertaining to the Affordable Housing Program. (H. Sword/E. Bonneville)

9. Adopted Resolution No. 2005-5 authorizing the reservation and expenditure of City’s Housing Trust Funds in the amount of $600,000 for the Mercy Housing California’s Villa Amador Apartments to be located on the northeast corner of Sand Creek Road and Shady Willow Lane. Direct staff to commence preparation of supporting agreements and documents. (H. Sword/G. Rozenski)

10. Adopted Resolution No. 2005-6 authorizing the City Manager to execute a Professional Services Agreement with Raines, Melton & Carella, Inc., to provide Design Services for Chloramination of Wells, CIP Project No. 562-5617, in the amount of $143,022, plus a 10% contingency and amend the CIP Budget Sheet. (B. Grewal/P. Eldredge)

11. Adopt Resolution 2005-7 authorizing the City Manager to execute Purchase Orders or Contracts for the not-to-exceed dollar amounts listed for the attached list of vendors. (P. Ehler)

12. PULLED FOR DISCUSSION - Adopt a Resolution accepting the first annual RGMP Allocation Recommendation as submitted by the RGMP Allocation Recommendation Committee. (P. Ehler/H. Sword/B. Grewal)

13. Adopted Resolution No. 2005-8 amending the 2004/05 Operating Budget and approving the recommended mid-year budget adjustments. (P. Ehler)

14. Approved the Arts Commission recommendation recognizing Mary Jane Barnes as the City of Brentwood Poet Laureate Emeritus. (C. Bronzan/R. Burr-Siegel)

15. PULLED FOR DISCUSSION - Adopt a Resolution approving an Affordable Housing Agreement between the City of Brentwood and Lennar Homes (Brentwood Sand Creek Partners, LLC) for Subdivisions 8788, 8789, 8832 and 8833. (H. Sword/K. Reed)

16. Adopted Resolution 2005-9 accepting the work performed by Granite Construction Co., for the construction of the Lone Tree Way Overlay / Improvements, CIP Project No. 336-3130, and directing the City Clerk to file a Notice of Completion with the County Recorder. (B. Grewal/F. Lideros)

17. Adopted No. 2005-10 Resolution approving the Deferred Improvement Agreement for Minor Subdivision MS 356-03 located at 1971 Lone Oak Road, and authorizing the Mayor and City Clerk to execute the same. (B. Grewal/B. Bornstein/J. Ward)

18. PULLED FOR DISCUSSION - Adopt 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 Brentwood Country Club, Pulte Homes Subdivision No. 7940, located south of Balfour Road and west of Fairview Avenue. (B. Grewal/D. Galey)

19. Waived second reading and adopted Ordinance No. 791 for a zoning amendment to amend Planned Development 35 (PD-35) to allow for one affordable duplex unit within Planning Area F, Lot 10 of Tentative Subdivision Map 8557. (H. Sword/D. Hill)

20. Waived second reading and adopted Ordinance No. 792 for a zoning amendment to amend Planned Development 26 (PD-26), Planning Area 6, to create development standards for Subarea “A” in order to accommodate development for Tentative Subdivision Map 8808. (H. Sword/D. Hill)

21. PULLED FOR DISCUSSION - Approve Mayor’s appointments to the Planning Commission. (B. Swisher)

CONSENT CALENDAR ACTIONS (07:20 PM)

Motion: Approve Consent Calendar Items 1 - 11, 13 - 14, 16 - 17 and 19-20 as recommended.
Moved by Petrovich, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

12. Adopt a Resolution accepting the first annual RGMP Allocation Recommendation as submitted by the RGMP Allocation Recommendation Committee. (P. Ehler/H. Sword/B. Grewal)

Council Member Gutierrez requested that Council obtain a document that explained the RGMP variables and what the RGMP tackled in connection with CIFP and CIP projects, building permits, schedule of units to be built and allocations. She suggested that the information be placed on the City's website.

Council Member Taylor asked that there be a feasible way to keep the public informed.

Director of Community Development, Howard Sword, said that he would like to prepare a presentation to Council for the next meeting on how best to have the RGMP information available for the public.

Motion: Approve continuance of the RGMP allocation recommendation to the meeting of January 25, 2005.
Moved by Gutierrez, seconded by Taylor.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

15. Adopt a Resolution approving an Affordable Housing Agreement between the City of Brentwood and Lennar Homes (Brentwood Sand Creek Partners, LLC) for Subdivisions 8788, 8789, 8832 and 8833. (H. Sword/K. Reed)

Motion: Approve waiving full reading and adopting Resolution No. 2005-11 as recommended.
Moved by Gutierrez, seconded by Taylor.
Vote: Motion carried 3-0.
Yes: Gutierrez; Petrovich; Taylor
Abstain: Beckstrand; Swisher

18. Adopt 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 Brentwood Country Club, Pulte Homes Subdivision No. 7940, located south of Balfour Road and west of Fairview Avenue. (B. Grewal/D. Galey)

Motion: Approve waiving full reading and adopting Resolution No. 2005-12 as recommended.
Moved by Gutierrez, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Taylor
Abstain: Swisher

21. Approve Mayor’s appointments to the Planning Commission. (B. Swisher)


Motion: Approve continuance to January 25, 2005 appointments to the Planning Commission and directing staff to submit applications to Council Members.
Moved by Swisher, seconded by Taylor.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

22. CONTINUED TO JANUARY 25, 2005 - Determine whether a material breach of Cable Television Franchise has occurred – assignment of franchise without City’s approval and consideration of a Resolution renewing the Franchise Agreement with Comcast Cable Communications, Inc., pursuant to 5.24.090 of the Municipal Code to provide cable television services.

23. Consideration of an Ordinance approving a Rezone 04-03 and establishment of development standards for a 4.84-acre site, and consideration of a Resolution approving a Tentative Subdivision Map 8763 to subdivide the site into 12 single-family residential lots, located at the southeast corner of Apricot Way and Montclair Place. (H. Sword/E. Nolthenius)

Mayor Swisher declared a conflict of interest on items 23, 24 and 25 and left the Council Chamber.

Senior Planner, Erik Nolthenius, presented a staff report, noting that the Planning Commission had unanimously recommended that Council approve the request. He recommended waiving first reading of the Ordinance approving the rezone and adopting a Resolution approving the subdivision map.

Vice Mayor Petrovich opened the public hearing.

Leo Martin asked to have a block wall built by his orchard as Mark Pringle had promised and it was not in the plans.

Senior Planner Nolthenius provided the subdivision map for viewing on the existing Secco property, which was on the South side of Apricot. He explained that Mr. Martin lived east of the site on the south side of Apricot and he had submitted a letter, which was referred to Planning Commission, in which he requested that the block wall be built on the common property line. Mr. Martin also had an agreement with Mr. Pringle that the block wall would be installed. The Planning Commission had not made the block wall a requirement of Mr. Pringle's subdivision. He said if Council decided that the block wall should be installed along Mr. Martin's common property line, the wall would end on the middle rear yard of the lot. He did not know if Mr. Herring and Mr. Gromley, who owned the two adjacent properties, would like to have the block wall installed and it would need to be considered.

Council Member Gutierrez asked if Mr. Martin had that in writing and Mr. Nolthenius responded that he did.

City Attorney, Dennis Beougher, stated that this was a zoning issue and was not normally placed in conditions.

Senior Planner Nolthenius said that the request included the subdivision map and if it were the desire of the Council, a condition of approval could be added to the Subdivision to require the block wall.

Council Member Gutierrez said that she believed a condition could be included in the developer standards since Mr. Martin had something in writing about having the wall built. The length of the block wall should be written into the condition and whether or not it needed to go further would depend on the three owners of the parcels.

Council Member Beckstrand asked about the size of the lots and Senior Planner Nolthenius responded that one was 10,041 square feet and the other was larger.

Council Member Taylor asked to see consistency with the wall.

Mr. Herring said he wanted to go along with whatever the neighbors wished to have and that it made sense to build a wall all the way across and be consistent. He thought they had agreed upon a four foot retaining wall and then a fence on top.

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

Senior Planner Nolthenius explained that the existing Secco property would be build up so that in moving south, it would raise up. There would be a four foot masonry retaining wall with a six foot fence on top.

Council Member Beckstrand said she was concerned that there was no adjacency to the lines and that she recalled what was substantiated by the Planning Commission's decision to not require the wall was that the City did not have anything on their books requiring a masonry wall be installed between the properties. The City did not have a huge density transition issue since the smallest lot met and exceeded the 10,000 square foot requirement. She expressed a concern about adding things that the City did not have standards to require and the agreement was an issue between Mr. Pringle and Mr. Martin. She did not see that the City had an obligation to settle the issue and she asked if approval should be held based on the agreement between the two parties.

Council Member Gutierrez said she was not comfortable approving the item without the conflict being resolved in writing.

City Attorney Beougher said that Council could continue the item in order to obtain additional information.

Council Member Taylor asked about the other two land owners, Mr. Herring and Mr. Gromley.

Senior Planner Nolthenius said that there was a letter signed by a majority of the property owners that the developer would install a block wall fence at the discretion of the property owners. Mr. Herring or Gromley had not raised the question of having a block wall at the Planning Commission meeting, only Mr. Martin, who had submitted a letter.

Council Member Gutierrez said that the issue should be resolved before a decision was made

Rick Wurlzebacher, Mark Pringle Company, said that the Company had offered and was willing to construct the block wall on the properties, even though it was not raised at the Planning Commission. There was discussion about the grade at the Planning Commission hearing and there was a significant grade break. A retaining wall would be favorable instead of a slope. Had the subject been discussed by the neighbors at the Planning Commission meeting, they would have modified or accepted a condition of approval for the block wall. If staff agreed that a block wall was acceptable and Council wished to have a block wall, a block wall would be built.

Council Member Beckstrand asked if the developer was willing to build the wall to the full extent of the project.

Mr. Wurlzebacher said that he was not clear if the offer to build the block wall extended through the remainder parcel, which was not a part of the project and he did not anticipate working on the property. It was his understanding that the wall would be built on the adjacency between the new subdivision and his property and he did not want to comment with regard to Mr. Secco's property.

Council Member Beckstrand asked if the item should be continued and returned in two weeks with signed letters from the Secco's, Gromley's and Martin’s.

Mr. Wurlzebacher added that his company was anxious to have their budget approved since they had waited months for the RGMP process to be resolved and they were now at risk of getting a late start at grading.

Vice Mayor Petrovich asked if the developer was planning to install a wooden wall in the adjacent property on the remainder parcel and Mr. Wurlzebacher responded he did not believe that any improvements would be done on the Secco remainder parcel. He asked to have a condition to install a block wall unless the property owner contacts the Company to ask not to have the block wall. The wall would start at the terminus of the Secco property.

Motion: Approve waiving first reading of Ordinance No. 794 approving a Rezone and establishment of development standards and waiving full reading and adopting Resolution No. 2005-13 with the condition of a block wall beginning at the point of Secco, Martin and Pringle intersect and moving toward the southern most part of the Pringle project and bottom of the Gromley property.
Moved by Gutierrez, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Taylor
Abstain: Swisher

At 8:10 p.m., the City Council recessed.

At 8:20 p.m., the City Council reconvened with Council Members Beckstrand, Gutierrez, Petrovich and Taylor present; Mayor Swisher absent.

24. The Staff RGMP Evaluation Committee recommends that the City Council pass the attached Resolution granting an allocation for 157 units (the subdivision will include 9 affordable units, which are exempt from the RGMP) to Discovery Builders, Inc. (H. Sword/E. Nolthenius)

Mayor Swisher had previously declared a conflict of interest on this item and was out of the Council Chamber.

Senior Planner, Erik Nolthenius, presented a staff report regarding the Bridle Gate project. He recommended adopting the Resolution granting the allocation of 157 units.

Vice Mayor Petrovich opened the public hearing.

Dick Sissero, Discovery Builders, informed that Sand Creek Road and San Jose would be extended. A site would be acquired to build affordable housing and the site would be graded, utilities extended to it and a soundwall built along the Bypass. Affordable Housing would be provided and he asked for approval of the allocations.

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

Motion: Approve waiving full reading and adopting Resolution No. 2005-14 as recommended.
Moved by Taylor, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Taylor
Abstain: Swisher

25. Consideration of an Ordinance approving a Rezone to amend Subarea “G” of PD-35 for a duet on Parcels A and B of Minor Subdivision No. 357-04, located at the northeast corner of Helena Way and Rampart Way. (H. Sword/E. Nolthenius)

Mayor Swisher had previously declared a conflict of interest on this item and was out of the Council Chamber.

Senior Planner, Erik Nolthenius, said an Affordable Housing Agreement was entered into last May and it required the developer to install a duet. Planning Commission had considered a rezone as well as the parcel map and design review and recommended approval. Approval of the rezone would allow the developer to proceed with construction and he recommended waiving the first reading of the Ordinance.

Vice Mayor Petrovich opened the public hearing.

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

Motion: Approve waiving first reading and approving Ordinance No. 795 as recommended.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Gutierrez; Petrovich; Taylor
Abstain: Swisher

Mayor Swisher returned to the Council Chamber.

26. Consideration of an appeal of the Planning Commission decision to approve a Conditional Use Permit No. 04-14 that establishes a master sign program for the John Muir/Mt. Diablo Health System campus, located at the southwest corner of Balfour Road and Concord Avenue. (H. Sword/E. Nolthenius)

Senior Planner, Erik Nolthenius, presented a staff report noting that this was an appeal of the master sign program for the John Muir/Mount Diablo campus. In October 2004, Planning Commission had reviewed the request and approved the conditional use permit. The approval included a condition that required two campus identification monument signs be reduced from ten feet to eight feet. An appeal was filed by GNU Group to return the size to the proposed ten feet. Staff recommended adopting a Resolution to uphold the Planning Commission's decision.

Phillip Murphy, the GNU Group, said he was unable to find any limitations in the sign code limiting the sign to eight feet. He said he felt it was an arbitrary decision and asked Council to entertain the thought of making the sign an extra two feet for a total of ten feet. The John Muir/Mount Diablo logo and concept was to have a similar sign in different areas noting the location and that the red triangle logo was what had added two feet to the sign. He explained the handout that was presented to Council noting that the proposed sign was 65 square feet with a letter sign that said Brentwood Medical Center. Ten feet would not be a problem since the building was over 40 feet high and lights in the parking lot were 25 feet high. He added that ten feet for a major medical center was a fair and appropriate request.

Mayor Swisher noted that staff recommended upholding the Planning Commission recommendation.

Senior Planner Nolthenius said that there was nothing in the Code that said that the sign had to be eight feet or less. Staff stood behind the recommendation of the Planning Commission and recommended the eight foot sign.

Mr. Murphy said he had worked on signs all over the United States and he did not disagree that things should be as small as possible. He did not believe that the ten foot signs would offend anyone and added that he felt strongly about the size.

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 overruling and granting the appeal of the Planning Commission decision to approve a Conditional Use Permit that established a master sign program.
Moved by Petrovich, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

NEW BUSINESS (08:37 PM)

27. City Council Member appointments to various Committees and Commissions. (B. Swisher)

Motion: Approve continuance to January 25, 2005, the City Council Member appointments to various Committees and Commissions.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

28. Consideration of a Resolution accepting a resignation and declaration of vacancy; procedures governing a vacancy on the City Council and taking any related action to fill the vacancy. (D. Beougher)

City Attorney, Dennis Beougher, informed that there were 30 days after the vacancy was declared, which would be on or about January 31, 2005 and 30 days would be March 2, 2005. Council could discuss the various alternatives and he presented the option to appoint. If Council decided to make an appointment, they could adopt an Ordinance to do so and if Council took action prior to February 10, 2005, Council could consolidate with the next County election on June 7, 2005.

Council Member Petrovich stated that he had not submitted a resignation. He said he had been in contact with the Attorney General's Office and that until he turned in a written resignation, there was no resignation.

City Attorney Beougher said that there was an issue of a conflict of interest for Council Member Petrovich to discuss the item. It involved an issue of vacancy and there was a potential conflict due to economic interest. It needed to be discussed by four Council Members and what was required was a written submittal to the City Clerk which was received December 14, 2004 by the Mayor and turned over to the City Clerk and was sufficient to move forward and declare a vacancy.

Mayor Swisher said that it was a written statement, not signed and explained that this concerned comments made by Council Member Petrovich on December 14, 2004.

Council Member Taylor spoke about his school board experience.

Council Member Petrovich said that he believed he should be able to comment.

Mayor Swisher spoke about continuing the item to January 25, 2005 so that the Attorney General could be contacted.

Motion: Approve continuance to January 25, 2005, consideration of a Resolution accepting a resignation and declaration of vacancy; procedures governing a vacancy on the City Council and taking any related action to fill the vacancy.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

INFORMATIONAL REPORTS FROM STAFF - No action required (08:47 PM)

29. Informational Report on Subdivision No. 8486, Deer Ridge Village F-1 and F-2, by KB Home South Bay Inc., located south of Balfour Road and west of Concord Avenue; Final Map. (K. Diaz)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS – None (08:47 PM)
REQUESTS FOR FUTURE AGENDA ITEMS – None (08:47 PM)

RECESS CITY COUNCIL (08:47 PM)

Motion: Approve recess of City Council to Redevelopment Agency.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Gutierrez; Petrovich; Swisher; Taylor

RECONVENE CITY COUNCIL AND RECESS TO CLOSED SESSION (08:49 PM)

Closed Session pursuant to Government Code §54956.9A: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One case: Comcast

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: Price and Terms

At 9:22 p.m., Council Member Beckstrand left the Council Chamber due to a conflict of interest.

Closed Session pursuant to Government Code 54956.9
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
One potential case - A portion of property located at 450 Live Oak Court

RECONVENED TO OPEN SESSION (09:24 PM)

At 9:24 p.m. the City Council reconvened to open session. Council Member Beckstrand was absent.

Mayor Swisher announced that there was nothing to report from Closed Session.

ADJOURNMENT (09:25 PM)

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

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