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A regular meeting of the City Council of the City of Brentwood was called to order at 7:30 p.m. in the City Council Chambers located at 734 Third Street, Brentwood, California, with Mayor McPoland presiding.
Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
A. Karen Diaz, City Clerk, introduced Joe Majarucon, and Lisa Chandler, and Larry Shaw, Chief of Police, introduced Ricky Scannell, and Joe Garcia as new employees and Mayor McPoland administered the Oath.
C. Karen Wahl, Grants Coordinator, gave an update on the grants she has applied for and the funds they have brought in for the City. Council thanked Ms. Wahl for her work.
B. Joel Keller, BART Vice President, gave a presentation on e-BART and its possible extension to the Brentwood area. He spoke about the type of train that would be used and the cost as opposed to bringing BART service to Hillcrest Avenue in Antioch. He stated that one of the challenges would be getting exclusive use of the Mococo line from Union Pacific railroad. He said that BART is looking at the different types of ticketing systems they could use and the possibility of integrating them with the various other types of public transportation available.
Item No. 13 Revised Resolution & Updated Engineering Analysis.
Item No. 23 Revised Resolution.
Item No. 24 Additional Exhibits.
Tom Hartman, 680 Piva Court, East Diablo Tournaments, gave a brief presentation to the Council on his organization. He stated that they raise money to help offset the cost associated with traveling teams. He passed out information to the Council.
Chris Mosser, 304 Modavi Lane, stated his support of e-BART. He felt that it could lead to many regional economic development possibilities.
Karen Rarey, 4677 Nunn Street, spoke in favor of e-BART, but had concerns with the ability to get children to and from school safely and on time if there is a train on the tracks. She also said she is not in favor of the use of diesel fuel.
1. Approve Minutes of January 9, 19, 22 & 23, 2001. (Pulled for further discussion)
2. Approved the appointment of Councilmember Annette Beckstrand to the Agricultural Preservation Committee, Solid Waste Subcommittee, Telecommunications Subcommittee, Contra Costa Library Liaison, and Brentwood Schools Interagency Advisory Committee.
3. Approved the appointments of Donald Meagher, William Weber, Mary Hannigan and Ron Beatty to the Arts Commission for a two-year term commencing February 28, 2001 and ending December 31 2002; Lynn Seaton and Steven Hull to the Delta Community Services Board of Directors; John Silveira and Beverly Bilge' to the Brentwood Advisory Neighborhood Committee for a three-year term commencing February 28, 2001, and ending December 31, 2003.
4. Approved Resolution No. 2227 establishing the compensation for each member of the Planning Commission as $200 per month and for each member of the Parks and Recreation Commission as $100 per month, effective January 4, 2001.
5. Approved contribution of up to $1,375.00 of Solid Waste Enterprise funds for the purpose of recognizing the support the Orin Allen Youth Rehabilitation program (formerly Byron Boys Ranch) have contributed to ensure the success of our Neighborhood Clean-up Programs..
6. Approved Resolution No. 2228 the City Manager to execute all appropriate documents, including the attached Quit Claim, to dispose of sub-surface minerals rights mistakenly granted to City by Owner's Statement, Subdivision 8226.
7. Approved Resolution No. 2229 authorizing the City Manager to enter into an agreement with TJB Concrete for sidewalk replacement on Sherwood Drive and Pippo Avenue for an amount not to exceed $49,500.
8. Approved Agreement for Contract Services with Jones & Stokes for Environmental Impact Report for Sunset Industrial Park.
9. Approve the offer of $205,000 from Doug Jacobs for the purchase of City owned property at 900 Minnesota Ave. (Pulled for further discussion)
10. Approved Resolution No. 2230 approving the following actions: (1) authorize the City Manager to execute the attached Option Agreement with Signature Properties Inc. for four homes to relocate four residents on Lone Tree Way, (Northwest Quadrant Infrastructure/CIFP 2001-1, CIP Project No. 336-3127); (2) authorize the City Manager to execute Purchase Agreements with John and Joyce Lopez, Tony and Velma Lopez, Joseph and Celia Lima and Amelia Smith for properties identified as APN: 019-010-027, 019-010-022, 019-060-007, 019-060-054 & ditch in an amount not to exceed $1,200,000 plus 10% administrative settlements, including the payment of the Lighting and Landscape Assessment for the life of these property owners, all relocation entitlements, Americans with Disability Act costs and the related incidental costs to close escrow; and (3) accept the real property on behalf of the City and authorize the City Manager and City Clerk or their designees to execute all agreements, and such other documents as may be needed to complete these transactions.
11. Authorized the City Engineer to execute an agreement with Bucher, Willis & Ratliff Corporation to provide professional traffic impact analysis services to the City on an as-needed basis. Services are not to exceed $40,000 through June 30, 2001
12. Approved Resolution No. 2231 authorizing the City Manager to enter into an Agreement with the Contra Costa Water District for cost sharing of consultant expenses for a study to determine the intricate details for the long-term use of Randall-Bold for treatment of the City's surface water supply and authorizing staff to utilize the funds set aside for this CIP Project in FY02.
13. Approve a Resolution approving the form and content of the Northwest Quadrant Infrastructure Design Engineering Fee Reimbursement Agreement and related actions. (Pulled for further discussion)
14. Approved Resolution No. 2232 accepting the work performed All Bay Masonry for the construction of a soundwall along Walnut Boulevard, CIP Project No. 336-3051, and directing the City Clerk to file a Notice of Completion with the County Recorder.
15. Approved Resolution No. 2233 authorizing the City of Brentwood to award a contract to Leighton Construction Inc. in the amount of $37,245.00 for the construction of roadway improvements at the end of Beverly Place and construct an asphalt sidewalk along Walnut Boulevard from the BART Park-N-Ride Lot to Central Boulevard, and authorize the City Manager to execute change orders up to 10% of the contract amount.
16. Authorized the City Engineer to add new streetlights on existing PG&E poles within the City as an on-going process.
17. Authorized the City Engineer to execute a Design Contract Change Order with Carlson, Barbee & Gibson, Inc. (CBG) in an amount not to exceed $106,144 for the Sand Creek Road (Central) Project (CIP Project No. 336-3061) in an amount not to exceed $106,144; and authorize the City Engineer to execute a Design Contract Change Order with Mark Thomas & Company Inc. (MT&Co) in an amount not to exceed $150,500 for the Sand Creek Road (East) Project, (CIP Project No. 336-3061).
18. Approved Resolution No. 2234 approving the Final Map of Subdivision 8371, Campanello II (Centex Homes) located south of Balfour Road and west of Rosegate Avenue, accepting the improvement security, and approving the Subdivision Improvement Agreement.
Item Nos. 1, 9, and 13 were pulled from the Consent Calendar for further discussion.
It was moved/seconded by Hill/Gomes to approve Consent Calendar Items 2-8, 10-12, and 14-18 as recommended by staff. Motion carried unanimously.
Item No. 1
It was moved/seconded by Hill/Gomes to approve the minutes of January 9, 19, and 22, 2001 as recommended by staff. Motion carried with Councilmember Beckstrand abstaining.
It was moved/seconded by Beckstrand/Gomes to approve the minutes of January 23, 2001, as recommended by staff. Motion carried unanimously.
Item No. 9
Jon Elam, City Manager, stated that the staff report should have been written to reflect that this was a conditional offer based upon the City's approval of a conditional use permit for a daycare center on the property. He stated he would be more comfortable if the applicant would move forward, obtain the conditional use permit, and then make the offer.
Councilmember Hill stated he would prefer that if the City was to enter into a sales agreement and that their due diligence period is extended so they have time to pursue the CUP process, but he also felt that the City needed to preserve its options and continue to field offers on the property.
Mr. Beougher said the City could grant an option for a period until the buyers could submit an application for a Conditional Use Permit.
Mr. Elam stated that the recommendation could be changed to approve an option for the sale of the property.
Councilmember Hill asked about the timeline required for obtaining a CUP. Mr. Oshinsky stated that it should not take more than ninety-days.
There was discussion about the amount of the sale. Councilmember Petrovich stated that if they are offering the full sales price he does not see how the City could turn down the sale. Councilmember Hill said he was suggesting that the City accept the offer in a form that allows the buyers to do due diligence on the CUP, but gives the City a right to continue to accept back-up offers in the event the buyer is unable to obtain a CUP out, the City could have a buyer to step in to take their place. He stated that would mean the current buyers would be in the first position for the property if the CUP goes through.
There was discussion about the condition of the property. Mayor McPoland asked if an inspection had been done. Councilmember Hill stated that if the City makes the property available to the buyers for inspection and fully discloses the condition of the property, there should be no liability for the City.
Mr. Oshinsky stated that depending on how many children will be attending the day care the buyer may not need a CUP. If it was six children or less they would not need one and up to sixteen children would be an administrative CUP however if it is over sixteen children they would then need commercial zoning.
It was moved/seconded by Hill/Beckstrand to accept offer with a ninety-day time period for inspection and for the buyers to obtain their CUP during that time city reserves the right to accept back up offers. Motion carried unanimously.
Item No. 13
Dick Sesteros, West Coast Home Builders, stated that property owners in the Northwest Quadrant had been working with John Stevenson, City Engineer, to start an assessment district to fund the infrastructure; and requested that some of the wording be changed.
Mr. Stevenson stated that Mr. Sesteros's concern was if he was going to be required to participate in an assessment district. He stated that there is no requirement to be in an assessment district, but that he would be required to be part of the CIFP.
Councilmembers Petrovich and Hill stated they would prefer to have the changes made and then have the item brought back to Council.
It was moved/seconded by Hill/Beckstrand to continue this item to the February 27, 2001 meeting. Motion carried unanimously.
19. Continued consideration of an Ordinance adopting a new fee for sanitary sewer connections in the area deannexed from Ironhouse Sanitary District.
Mr. Beougher stated that this item had already been passed as a Resolution, but that the Health and Safety Code requires that sewer connections be adopted by ordinance.
Mayor McPoland opened the Public Hearing, there being no one wishing to speak it was closed.
Ordinance No. 657
An Ordinance of the City Council of the City of Brentwood adopting a new sewer surcharge fee for the area formerly within the Ironhouse Sanitary District
It was moved/seconded by Petrovich/Hill that the first reading of Ordinance No. 657 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:
Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
Mr. Elam stated that this item was requested to be continued to March 27, 2001.
Mayor McPoland opened the Public Hearing.
It was moved/seconded that the appeal of Arco Products Company relating to the Conditions of Approval for Suncal Property, TSM 7690 be continued to March 27, 2000. Motion carried unanimously.
21. Consideration of an Ordinance amending Brentwood Municipal Code §12.08.425(D) pertaining to Sidewalk Maintenance Responsibilities.
Mr. Beougher stated that because of recent litigation on a trip and fall litigation, an attorney working with the City suggested that this wording be added to clarify one section of the City's Municipal Code to impose responsibility for maintenance of sidewalks in front of property. He stated that if this language had been included, that the claim would have facilitated settlement.
Mr. Beougher said it is an issue of shared responsibility when it the City isn't the approximate cause of an incident. Mr. Beougher stated that if it is a City street tree the City would still be liable.
Councilmember Hill stated if the City has a problem, it should be fixed and just providing a legal remedy to avoid liability is not his idea of good government.
Mayor McPoland opened the Public Hearing there being no one wishing to speak it was closed.
Ordinance No. 658
An Ordinance of the City Council of the City of Brentwood to amend Brentwood Municipal Code §12.08.425(D) pertaining to sidewalk maintenance responsibilities
It was moved/seconded by Gomes/Petrovich that the first reading of Ordinance No. 658 be waived and that same be adopted as recommended by staff. Motion carried by the following vote:
Beckstrand, Hill, Gomes, Petrovich, Mayor McPoland
Council took a break 8:50 p.m. and reconvened at 9:04 p.m.
22. Second reading and adoption of Ordinance No. 656 to amend Planned Development (PD) 23 to create development standards for the DeNova Homes' project located on the 25.74 acre Lair Property.
Mr. Zilm introduced the staff report and stated this was a routine second reading.
Ordinance No. 656
An Ordinance of the City Council of the City of Brentwood to amend Planned Development No. 23 by adding development standards for the 25.74 acre DeNova Home project site located east of Brentwood Boulevard and south of Sunset Road
It was moved/seconded by Gomes/Petrovich that Ordinance No. 656 approving an amendment to Planned Development No. 23 to create development standards for the DeNova Homes' project Subdivision No. 8416 located on the 25.74 acre Laird Property as recommended by staff. Motion carried by the following vote:
Gomes, Petrovich, Mayor McPoland
23. Approve a resolution accepting the work performed by Shoemate Buildings, Inc. for the City of Brentwood Family Aquatic Complex, CIP Project No. 522-5202.
Mr. Bronzan stated that the remedial work on the project is down from over $200,000 to $141,000. He stated that subcontractors are continuing and that the stop orders are almost all related to retention.
Councilmember Beckstrand felt the rewording of the Resolution more accurately reflects the situation with the aquatic complex.
Mr. Beougher stated that the City had received information requests from the Department of Labor, so that office has received the complaints. He stated that all of the change order requests have been gone over and that the City had received some stop notices and that those will be processed accordingly.
Mayor McPoland stated that a lot of the unanswered items were taken care of because of the Council's previous action. He wants to make sure that the Contractors that have preformed their duty get paid for the work they have done.
Resolution No. 2235
A Resolution of the City Council of the City of Brentwood accepting the work performed by Shoemate Buildings, Inc. for the City of Brentwood Family Aquatic Complex (CIP Project No. 522-5202); and directing the City Clerk to file a notice of completion with the recorder's office of Contra Costa County for said project
It was moved/seconded by Gomes/Hill that the full reading of Resolution No. 2235 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:
Beckstrand, Gomes, Hill, Mayor McPoland
24. Consideration of the Brentwood Education and Technology Center (BETC) Proforma and direct staff on future action.
Howard Sword, Economic Development Manager, introduced the staff report. He reported on meetings he had with Los Medanos regarding the lease. He stated that RGM through the value engineering work was able to find a savings of $790,000 on the contract to build the center.
Councilmember Hill stated that a month ago he was not satisfied that the revenue stream was reflective of the original agreement. He stated that although the value engineering was approved to go forward, he was interested in seeing that Los Medanos College met the reasonable expectations and put in more money. He said that with the changes that have taken place, he is in favor of the project.
Councilmember Beckstrand stated that she also had had concerns about the amount of the City subsidy, but felt that the counter offer is more feasible. She felt this would bring a great benefit to the community.
Councilmember Gomes spoke in favor of the project. He felt it is important to bring a form of higher education to the community.
Councilmember Petrovich felt that it is a losing proposition financially for the City. He thinks that Los Medanos College could still put more financially into the project. He stated the City should sell the building. He stated that he had not seen the value engineering report by RGM and would like to have that available.
Mr. Sword passed the report out to Council.
Councilmember Petrovich stated he would like the opportunity to read the value engineering report by RGM before voting on this item.
It was moved/seconded by Gomes/Beckstrand authorizing Staff to add $10,000 to the RGM construction management contract and to immediately start redesign of the project and prepare a comprehensive construction management contract to build the BETC for consideration on February 27, 2001, City Council meeting. Motion carried with Councilmember Petrovich voting no.
25. Presentation by LUSD Superintendent Dan Smith regarding the March 6, 2001 Special School Board Election.
Dan Smith, Superintendent of Liberty Union School District, gave a power point presentation on the growing enrollment in the district, which has averaged 7.66% per year for the past six years. He spoke about the bond issue that will be on the March 6, 2001 ballot, which would allow the District to build a third high school. He also spoke about the work that is going to be done to improve Liberty High School.
asked when Mr. Smith foresaw a fourth high school being built.
Council thanked Mr. Smith for his presentation.
26. Approve a MOU on Collaborative Efforts for Combating Hate Crimes or Bias Related Incidents in East Contra Costa County.
Chief Shaw introduced the staff report. He stated he has been working with different organizations, which has enabled him to discuss a variety of issues.
Councilmember Beckstrand stated she was impressed with the amount of work and collaboration that had been put into this item.
Mayor McPoland commended Chief Shaw for stepping forward on this issue.
Booker T. Neal, Senior Mediator, U.S. Department of Justice, stated this is a very important and long overdue piece of work and that the information contained in this report is being shared with many other counties and agencies. He thanked the Council for its support of the Chief while working on this item.
It was moved/seconded Petrovich/Hill to direct the Police Chief to sign the Memorandum of Understanding on Collaborative Efforts for Combating Hate Crimes or Bias-Related Incidents in East Contra Costa County. Motion carried unanimously.
27. Discussion concerning outline of draft Residential Growth Management Program.
Mr. Oshinsky introduced the staff report. He stated this is a draft outline of the proposed Residential Growth Management Program, which would apply to all residential development. Exemptions from the program would include; affordable housing projects, projects which already have a tentative or final map, if permits have already been issued, small projects of four-units or less, or projects of residential care facilities, and any project that would qualify for a density bonus. The steps in the process would be to develop criteria and have a committee that would review the applications and make recommendations to the Council. He stated that for budgetary purposes he would prefer that the Program start July 1. Mr. Oshinsky stated that to be in accordance with ABAG, that City has to provide 543 units per year; and that to provide for the City's economic well being it should be set at 650 units per year that could be allocated. If the City kept it at 650 units, it would reach build out in about twenty-years.
Mayor McPoland stated his support of this program.
Councilmember Hill stated that this concept could help regulate more effectively the workload for staff. He stated the current rate of building is causing a strain on the staff. He stated that a program that would give the City some reasonable expectation unit count and take the peaks and valleys out of the development of the community which would put predictability in the revenue stream, the workload, and the expectations of the community.
Mayor McPoland stated he would like to see inclusionary affordable housing for public service employees to help bring qualified public service staff to the area.
Councilmember Beckstrand questioned if the allocation of 650 units is the best choice for the City and she would like to see it implemented earlier than July.
Councilmember Gomes stated he has supported putting a program like this in place since he started on the Council and at this point it has been difficult to control growth because previous Councils had approved the current growth.
Councilmember Petrovich said he supports the plan but not allocation procedure, and not the purchases for public services employees. He felt it should be equal to everyone that wants to buy a home.
Councilmember Hill stated he would like to see the discussion of this continue in a workshop process, he stated he would like to have the Finance and Engineering departments as it relates to them.
Mayor McPoland stated he would like to refer back to new housing subcommittee and then have the further analysis back to Council
Council directed staff to move forward with preparation of the Residential Growth Management Program.
28. Approve a resolution amending the Administrative Policy Manual to include Roberts Rules of Order.
Mr. Beougher stated that this item was brought forward at the request of a Councilmember who requested clarification on Roberts Rules of Order. He stated that after researching the item it could not be found that it was ever adopted. In order to clarify any ambiguities he recommended adoption at this time.
Councilmember Petrovich stated he supports the adoption of Roberts Rules of Order, but wanted to know which version is to be adopted. He stated there are so many restrictions in Roberts Rules of Order and he would like an outline of some of the restrictions and what it would mean to the Council.
Councilmember Gomes also asked which staff person would be the designated staff expert and suggested this person attend the training related to this.
The item was continued to be brought back in the next six weeks.
Council took a break at 10:18 p.m. and reconvened at 10:26 p.m.
29. Authorize the City Manager to sign an agreement with William R. Gray & Co. in the amount not to exceed $15,000 for work on the Vasco Road Corridor.
Mr. Elam stated that the CIP Subcommittee had met with Mr. Gray to ask if he would be willing to work on this on behalf of the City.
Mayor McPoland and Councilmember Petrovich stated their support of the item.
Councilmember Gomes said he felt it was important to have someone represent the City's interests because it is a two County venture.
It was moved/seconded by Petrovich/Gomes to authorize the City Manager to sign an agreement with William R. Gray & Co. in the amount not to exceed $15,000 for work on the Vasco Road Corridor. Motion carried unanimously.
30. Consideration of request to amend the size of the General Plan Update Working Group.
Mr. Oshinsky introduced the staff report and stated because of the changes in Council after the election and the Planning Commission appointments, the membership of the Working group had decreased. He also stated that there had been numerous absences.
Councilmember Hill felt that the membership should be set at nineteen so they could have a quorum if they only had ten-member show up.
It was moved/seconded by Hill/Petrovich to amend the size of the General Plan working group to nineteen members. Motion carried unanimously.
31. Consideration of Big League Dreams proposal for Sunset Park expansion.
Mr. Bronzan introduced the staff report and showed a four-minute video presentation on Big League Dreams baseball parks. He stated that the risk would be on the City, the City would be responsible to build it, and then they would run the operation. If Big League Dreams decided to walk away from the project, the City would have a high-end facility to run, which traditionally is not done. He also said the City would have to come up with the funding right away.
Mayor McPoland asked what the cost estimate would be for developing the full thirty-seven acres at Sunset Park. Mr. Bronzan said if it was built to this level, it would be $10 -12 million. If it was built as a traditional city complex, it would cost $6-8 million. Mr. Bronzan also stated that as a part of the revenue stream Big League operates a cafeteria in which alcohol is served.
Don Harms, Vice President East Diablo Youth Soccer League, said he had concerns with a project like this. He felt the City should concentrate on soccer fields, as the league has to play seventy-five percent of its games in other communities. He also expressed concern that alcohol would be sold.
Karen Rarey, Park and Recreation Commissioner, stated that there would be reduced rates for the dialy use league, she said they make their money through tournaments.
Councilmember Gomes felt it would be worth exploring and have staff come back with a report on other cities on what the pros and cons would be.
Councilmember Hill felt this is a luxury for a community that has the financial wherewithal to build it. He feels that City is in need of basic infrastructure, and that it is just unfeasible at this time for the City.
Councilmember Beckstrand stated that in looking at the comparison of Cathedral City and Brentwood there are four cities in that area all along a major highway and those are primarily resort areas. She felt that the roads in Brentwood would not accommodate traffic from the outlying areas. She felt that this is not the right priority for Brentwood at this time
Mayor McPoland stated that he approves the concept of this project, but he sees it as a regional project that would be centrally located in the east Contra Costa County area.
Councilmember Petrovich felt that it would be a worthwhile project to look at.
Councilmember Hill stated that we have already had staff look and this and felt that it would not be worth expending any further City resources on.
It was moved/seconded by Hill/Beckstrand that independent of regional support there be no further action on this item. Motion carried with Councilmembers Gomes and Petrovich voting no.
32. Consideration of application for out of the area agreement to extend City water and sewer service as requested by the owner of the parcel located at Anderson Lane (APN 018-090-021).
Mr. Elam asked that this item be continued because the owner of the parcel was not present.
It was moved/seconded by Hill/Gomes that this item be continued. Motion carried unanimously.
33. Set the date for a joint city council meeting with the City of Oakley.
Mr. Elam stated that Oakley had stated that Monday April 2, 2001 would work for their City.
There was discussion about the location of where the meeting would take place. Mr. Elam stated that this meeting would take place in the City of Oakley and that the City of Brentwood would host the next meeting.
Monday April 2, 2001, at 7:00 p.m. in the City of Oakley was set as a date for a joint meeting.
34. Discuss and provide direction to staff concerning banner signs.
Mr. Elam stated this issue was before the Council for policy direction. He stated that a letter is being sent out to businesses that are currently in violation of the ordinance and staff wanted Council direction before sending them out, he felt there would be a number of complaints in response to the letters.
Council directed staff to enforce the ordinance.
35. Consideration of a request by Christian Church Homes for $74,000 to help fund an expansion of the Community Room at Sycamore Place Apartments.
Mr. Elam introduced the staff report he stated there is a need to expand the community room at the apartments so there is a single location for meetings for residents.
It was moved/seconded by Petrovich/Hill to approve the request for $74,000 by Christian Church Homes, to help fund an expansion of community room space within the Sycamore Place Apartments. Motion carried unanimously.
36. Approve a request for $17,000 to support the application preparation to Federal Department of Housing & Urban Development for a 41-unit senior housing project.
Mr. Elam introduced the staff report. He stated the Subcommittee had referred this to the Council.
Councilmember Hill stated that he did not take position on this, at the Subcommittee meeting, because he felt a better policy for this type of request would be to open them to a competitive situation so the Council could have a range of projects to choose from for the housing set aside money. He suggested that the Council open this item for competition for ninety-days. He felt that the City should look at all the options.
Mayor McPoland stated
he would like to see an appraisal on the property before this project
goes through. He stated he concurs with Councilmember Hill's suggestion
to open this up for a period to accept other offers.
Mayor McPoland requested an appraisal be done on the property.
It was moved/seconded by Hill/Petrovich to continue this item for sixty days for the purpose of advertisement and RFP preparation. Motion carried unanimously.
37. Authorize an agreement with Christian Church Homes to provide $454,699 of R.D.A. Housing funds to support the construction of a 41 unit low-income housing for the elderly.
It was moved/seconded by Hill/Petrovich that this item be continued for sixty-days. Motion carried unanimously.
38. Consideration of an interim urgency ordinance establishing a moratorium on development approvals for housing projects in the northwest general plan-special planning study area.
Mr. Oshinsky stated that under the Government Code the City Council can by a four-fifths vote, adopt urgency ordinances that take effect immediately and remain in effect for forty-five days, at the end of the forty-five days the Council can reconsider and extend the moratorium for a period of one year. He stated that the area this would affect is the Northwest Quadrant which is described as being bounded by Heidorn Ranch Road on the west, Sand Creek Road on the South, the extension of Shady Willow on the east, and Lone Tree Way on the north. In order to adopt this, the Council would need to find that there is current threat to the public health, safety and welfare of the City in that the economic and social health of the community require a diversity of land uses, job generating development and housing stock throughout the community. During the past year, the City has been processing a comprehensive General Plan Update aimed at regulating residential growth and job generating development for the purpose of controlling potentially significant adverse impacts on the environment including traffic and air quality. He stated that the Northwest Quadrant is one of the critical areas for the City to achieve its necessary jobs/housing balance. He stated that the City of Antioch is in the process of studying an amendment to their General Plan, which borders that area which achieves the same jobs/housing balance.
Mr. Oshinsky also stated that the Urban Limit Line amendment has removed many acres of job generating land from consideration from development within Brentwood's planning area. He stated this loss would negatively impact the City's job/housing balance and the General Plan working group is studying this area. He stated this ordinance would allow the Community Development Department and the General Plan Working Group to complete their work and provide the opportunity for the Council to consider any recommendations.
Mayor McPoland stated that he wants to be sure that there won't be a residential area in the middle of a business park that is proposed in Antioch.
Councilmember Hill stated he was in support of the concept the City should be looking toward the General Plan. He also stated there is a piece of property that is being divided on the map and it should be kept as one and incorporated in the boundary.
Councilmember Gomes asked if this was legal. Mr. Beougher stated that it was.
Councilmember Petrovich asked if the property owners had been noticed. Mr. Oshinsky answered that they had not, because it was not a public hearing, and was being brought forward on an urgency basis. Mr. Petrovich felt that the property owners have a right to be informed of this item.
Ordinance No. 659
An Interim Urgency Ordinance of City Council of the City of Brentwood establishing a moratorium on development approvals for housing projects in the Northwest General Plan - Special Planning Study Area
It was moved/seconded that the full reading of Ordinance No. 659 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:
Beckstrand, Gomes, Hill, Mayor McPoland
Ron Enos asked if during the next forty-five day period the property owners will be noticed and have some input. He also asked why this was only happening all of a sudden and why the City was only considering the Northwest Quadrant. He stated his concern about losing possible contracts due to this period.
Mr. Beougher stated that after the initial forty-five days, it is required to be public noticed, and at that point, there will be a public hearing where there will be an opportunity for public comment.
Bob Nunn, 10500 Brentwood Boulevard, questioned the noticing requirement for the moratorium and asked if it went beyond the forty-five day time period and a higher authority found that the City's findings was not consistent with the government code could be held liable for financial damages, if its findings were found to be incorrect.
INFORMATIONAL REPORTS FROM COUNCIL MEMBERS
Councilmember Beckstrand reported on the Telecommunications Subcommittee, and stated they had met with Point Red Technologies who is interested in bringing wireless technology to the City, but more research needs to take place, before the City could consider it. She also reported that the Ag. Committee had met and discussed concerns.
Councilmember Hill reported on the Economic Development Committee. He stated they had met with a task force of business individuals from the community who have expressed interest in helping to implement a strategic plan.
REQUESTS FOR FUTURE AGENDA ITEMS
Councilmember Gomes requested that staff work with BART to draft a resolution regarding the future development for e-BART. He also requested information on a company that is marketing a safety natural gas safety device.
Redevelopment Agency meeting was called to order at 11:50 p.m.
The meeting adjourned to closed session at 12:02 a.m. The meeting reconvened in open session at 12:22 a.m. with no action to report.
There being no further business the meeting was adjourned at 12:03 a.m.
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