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A regular meeting of the City Council of the City of Brentwood was called to order at 7:00 p.m. in the City Council Chambers located at 734 Third Street with Mayor McPoland presiding.
The meeting adjourned to closed session at 7:02 p.m.
Closed session adjourned at 7:25 p.m.
The meeting reconvened in Open Session at 7:30 p.m. with the following action to report: Council authorized the City Attorney and staff to proceed with an appeal to the California Regional Water Quality Control Board.
A. Mayor McPoland presented Sean J. Brennan, Ivan Osredbar, Sara Burgess, Jessica Hind, and Christopher Loshe with Certificates of Commendation for the Elks National Foundation Most Valuable Student Scholarship Awards.
Remove Item Nos. 5 and 6 from the agenda, per staff request.
Mike Kerchner, 705 Garland Way, spoke in support of allowing the Terrapins Swim Team to hold their practices and meets at the Brentwood Family Aquatic Center.
Mark Dwelly, 725 Delta Road, spoke in favor of allowing the Terrapins Swim Team to use the Brentwood Family Aquatic Center.
Approved Minutes of July 24 and August 2, 2001. (Pulled for further discussion)
Approved Resolution No. 2336 authorizing and approving the application for grant funds for the Roberti-ZBerg-Harris Urban Open Space and Recreation Program (RZH Block Grant Program) under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (Proposition 12) and authorizing the Park and Recreation Director to conduct all negotiations and execute and submit all documents which may be necessary for the completion of the projects.
Approved Resolution No. 2337 authorizing the Department Directors and/or the City Attorney to prepare ordinance summaries for publication pursuant to California Government Code Section 36933.
Set September 11, 2001 as the public hearing date to consider the appeal by Horace and Norrine Siino concerning Tentative Subdivision Map (TSM) No. 8281 subdividing 44.03 acres into 132 single family detached lots, located south of Lone Tree Way, west of Fairview Avenue and north of the EBMUD Aqueduct.
Approve a Resolution approving the Final Map of Subdivision 8305, Brentwood Lake Unit 5 (Brookfield Homes) located north of Balfour Road and east of East Country Club Drive, accepting the improvement security, and approving the Subdivision Improvement Agreement. (Pulled from the agenda)
Approve a Resolution approving the Final Map of Subdivision 8210, Brentwood Lake Unit 4 (Brookfield Homes) located north of Balfour Road and east of East Country Club Drive, accepting the improvement security, and approving the Subdivision Improvement Agreement. (Pulled from the agenda)
Approve a Resolution approving an agreement for purchase of a fee parcel with members of the Sciortino family for property generally located east of Brentwood Boulevard between Applewood Common and Nancy Street, related to Brentwood Boulevard Widening (ISTEA), CIP Project No. 336-3054. (Pulled for further discussion)
Authorized payment of $250.00 for weed abatement services for Parcel No. 013 212 008)
Awarded the construction contract for the Building Improvements at 118 and 120 Oak Street, CIP Project No. 336-3090, to The McDonald Glen Co. of Manteca and authorize the City Manager to execute the agreement and necessary documents in the amount of $416,019.00 and grant the City Manager authority to execute change orders up to 10% of the contract amount.
Authorized the City Manager to execute a contract with McGill Martin Self, Inc. (MMS) not to exceed $45,000 to assist the City in the preparation of an application to the Inter-Regional Partnership (IRP) for designation as an Opportunity Zone.
Received and filed update of City Council strategic goals and objectives.
Item Nos. 1 and 7 were pulled from the Consent Calendar for further discussion.
It was moved/seconded to approve Consent Calendar items 2-4 and 8-11 as recommended by staff. Motion carried with Councilmember Hill being absent.
It was moved/seconded by Gomes/Beckstrand to approve the minutes of July 24, 2001. Motion carried with Councilmember Petrovich abstaining and Councilmember Hill being absent.
It was moved/seconded by Gomes/Beckstrand to approve the minutes of August 2, 2001. Motion carried with Councilmember Hill being absent.
Item No. 7
Mayor McPoland asked what would be done with the trees when the Highway 4 is widened.
John Stevenson, City Engineer, stated it wasnt feasible to realign the road to save the trees, because they are older and in decline, but that trees would be replanted so the canopy effect of the trees would be replaced.
Mayor McPoland asked if the trees were diseased. Mr. Stevenson stated that some of the trees are diseased.
It was moved/seconded by McPoland/Petrovich to approve Resolution No. 2338 approving an agreement for purchase of a fee parcel, with Theodore D. Sciortino and Mary Jane Sciortino, his wife, as joint tenants as to an undivided 1/3 interest; and Frank Sciortino, subject to item #11 as to an undivided 1/3 interest and Constance T. Sciortino, Trustee, The Constance T. Sciortino Trust dated 17 July 1984, as to an undivided 1/3 interest, for a portion of real property identified as APN 016-230-006, 016-230-007, 016-170-002 and 016-170-006, generally located east of Brentwood Boulevard between Applewood Common and Nancy Street, 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. Motion carried with Councilmember Hill being absent.
It was moved/seconded by Petrovich/Gomes to move item no. 16 as the next item on the agenda. Motion carried with Councilmember Hill being absent.
Discussion and direction for priority use of the Family Aquatic Complex.
Sue Barry, Recreation Supervisor, introduced the staff report and stated staff is concerned with the amount of requests from different agencies and user groups for the use of the Aquatic Complex. Currently City programs have the highest priority. During recreational swim, people are allowed use of diving boards, zero beach area, and the water slides. When the pool is being used for other user groups, people become upset when they are not allowed to use the diving boards.
Councilmember Beckstrand asked if the City were to allow the Terrapins to use the pool, how many hours would be required on a daily basis. Ms. Barry stated there request varies during their swim season. Councilmember Beckstrand stated it was her understanding they would like to be full time in Brentwood year round. Ms. Barry answered that the request was not broken down into months they requested the fall season to the beginning of the high school season with the use being from 3:30 p.m. to 7:00 p.m. with a combination of different lane uses. Ms. Barry stated the Aquaknights have only requested time for swim meets.
Mayor McPoland asked who would be losing time if the Terrapins request were granted. Ms. Barry answered it would depend on if they were given exclusive use that could eliminate the High Schools use of the pool at the time they are used to using it. Ms. Barry stated everyone is requesting use for the same period during differing seasons; and there would be periods when the seasons would conflict.
There was discussion regarding the pools that are going to be built by Freedom High School and at the new high school that is going to be built by Liberty Union High School District. It was stated that Freedom High Schools pool is expected to be available for use for the schools swim season in the spring.
Chris Denessy, Coach of the Terrapins, stated they are willing to work with all user groups of the pool. He felt the other teams in the area benefit from having a year round team in the area. He submitted a petition supporting the having the Terrapins practicing in Brentwood.
Jan Melloni spoke regarding the benefits to the community that allowing the Terrapins use of the Aquatic center would bring.
Randy Enos, 1834 Pheasant Run Terrace, spoke in favor of the Terrapins practicing in Brentwood.
Bob Bruno, 4039 Nautical Court, Byron, spoke in favor of allowing the Terrapins to practice in Brentwood and stated that the Aquaknights have only requested use of the pool for swim meets and not practice.
Mark Stantz, Athletic Director of Liberty High School, stated he understand the needs of the Terrapins and supports what they are trying to do, but stated he did not want to lose sight of the needs of the children at the high school level.
Stan Edson, President of the Brentwood Dolphins, stated that many of the kids on the Terrapins have swum on the Dolphins team previously. He felt it would be a benefit to the area swim clubs to have the Terrapins bring their swim program here.
Councilmember Beckstrand requested there be a consistent schedule for public use.
Council directed staff to meet wit all the various teams to work out a schedule that would accommodate all interested parties.
Councilmember Hill arrived at 8:26 p.m.
Ms. Barry asked for further direction regarding the review period for requests on a six-month period. Mayor McPoland stated the current policy is fine.
Ms. Barry stated they post signs stating there are no glass containers allowed and some are still brought inside.
Mayor McPoland felt glass containers should be left outside for safety issues.
Councilmember Petrovich asked what the current policy was if someone was caught with a glass container. Ms. Barry stated they usually they ask them to take them back out to their cars.
Councilmember Hill felt it was a liability issue and that everyone who uses the facility should be assured that it is safe. He felt that staff should be able to search all bags and coolers being brought into the facility. Dennis Beougher, City Attorney, stated the City has a responsibility to have a safe and clean facility and if someone did not want to have there bags searched they could leave them outside.
Council took a break at 8:40 p.m. and reconvened at 8:50 p.m.
Consideration of an Ordinance adopting an Agricultural Enterprise Program.
Staff noted that this item has been scheduled for a Special Meeting on August 16, 2001 at 7:00 p.m.
Consideration of a General Plan Amendment (GPA 00-02) and Rezoning (RZ 00-05) and an amendment to the Garin Ranch Specific Plan relating to the development of the Sciortino property, located on the north side of Oak Street adjacent to the Liberty High School Athletic fields
Mike Leana, Chief of Planning, stated he was going to cover items 13 and 14 in his presentation because these projects were processed concurrently. He noted the following infrastructure items associated with this project: Garin Parkway would be extended to the north to Sycamore Avenue, Sycamore Avenue would be extended easterly to Sellers Avenue, Oak Street would be extended easterly and connect to existing Chestnut Avenue. There are also two future traffic signals at the intersection of Chestnut Avenue and Sellers Avenue; and Second Street and Oak Street. The unit counts at mid-range density proposed for the Sciortino property is one hundred and thirteen units plus a future apartment site. He spoke regarding the realignment of Chestnut and Oak Streets. With regard to the Yamanaka Property the proposed units would be about two hundred and fifty units. There is a lot that is being proposed as a soccer field that would benefit the school district. He spoke about the proposed parks for both developments.
Councilmember Hill asked if the soccer facility was being counted towards the developers park requirement or if it was a deal through the school district that the City was accommodating through the plot plan. Mr. Leana stated the City is still undergoing conversations with the school district and the developers; and this project would be contributing to a portion of the park fees because of the number of lots involved. Craig Bronzan, Director of Parks and Recreation, stated the City has not agreed at this point to give the developer park credits for the soccer field that would be a City facility so the school district would have to go through the City for use of the field. There would be a fenced grass area the size of a soccer field that comes off of the high schools parking lot, which would allow portable bleachers to be brought in; and the school district has interest in lighting the area so it could compliment the football field.
In answer to Councilmember Hills question regarding the intent of pocket parks, Mr. Bronzan stated they were a condition placed by the planning commission and both the development will be on developer and the maintenances of those will on with their LLD. Mr. Bronzan stated they dont qualify in the inventory of the five acres per thousand.
Councilmember Hill expressed concern with the radius and the visibility of the proposed intersection of Chestnut and Oak Streets and asked if there was another way it could be done. Mr. Stevenson stated Engineering could look at that and said the facilities are designed for ten miles per hour faster than the posted speed limit.
Jon Elam, City Manager, felt that channeling all of the traffic from this area would result in extreme congestion on Oak Street.
There was discussion regarding the parcels that need to be annexed. Mr. Leana stated that regardless of the action by LAFCO they would remain outside the urban limit line. Mr. Stevenson stated there had been discussion regarding using one of the parcels as a subterranean water reservoir to assist with the flow of water.
There was discussion regarding the traffic flows on Oak and Chestnut Streets. Councilmember Hill felt the traditional grid of streets is being contorted in reaction to what is perceived as a problem area. There was further discussion regarding traffic calming measures for those streets.
Mayor McPoland opened the Public Hearing.
Vince Fletcher, Schuler Homes, felt this project would be a benefit to the downtown area and stated they would be installing extensive infrastructure.
Mayor McPoland asked if the intent with the park is to develop it as a City park. Mr. Fletcher stated he thought they would get park credits for it. Mayor McPoland asked what they were providing the residents as far as parks and amenities. Mr. Fletcher stated there is a large park planned on the neighboring Yamanaka property that would be approximately five acres, and they would be located right next to the high school.
Mayor McPoland asked how soon they were planning to build the senior units. Chris Valeria, Terranova Development, stated they planned to build them as soon as the street improvements are finished. In answer to Mayor McPolands question regarding the current market rate for a senior unit, Mr. Valeria stated the one bedrooms would be in the low eight hundreds and the two bedrooms would be low to mid nine hundreds.
There being no one else wishing to speak the Public Hearing was closed.
Councilmember Hill commented that the park acreage issue is one that should be between the developer and the school district and it does not directly benefit the City in providing amenities to the residents that live in the subdivision that is being impacted. The city is moving forward with soccer fields at various parks.
Councilmember Beckstrand felt the soccer field would be an amenity, because there is community involvement in that area of the city.
Mayor McPoland asked what the school district was contributing toward this amenity. Mr. Bronzan the discussion with the school district was to try to get the land to develop as a soccer field; and it has not been promised that there would be park credits for them. The school district was interested in developing the property, but there had not been discussion yet as to who would maintain it.
Mr. Beougher stated that the map act only allows the City to reserve the field a definite amount of time for a school site then it goes away.
Councilmember Hill felt that if the school district is benefiting from this facility then the school district should come up with the capital and the commitment to develop it if they are going to be using it more than fifty percent of the time.
There was further discussion regarding who would own the soccer field and how it would be paid for and maintained.
Mayor McPoland reopened the public hearing.
It was moved/seconded by Gomes/Petrovich to continue this item to the August 28, 2001, meeting. Motion carried with unanimously.
Consideration of an Annexation (A 01-01) and Prezone (RZ 01-02) of 8 acres and a General Plan Amendment (GPA 00-05), Rezoning (RZ 01-02) and an amendment to the Garin Ranch Specific Plan relating to the development of the Yamanaka property, located at the northeast corner of Chestnut Street and Garin Parkway and extending between Chestnut Street and Sycamore Avenue.
Mayor McPoland opened the Public Hearing.
Sue Schaffer William Lyon Homes, felt the Yamanaka property would bring many benefits to the community in the form of infrastructure. She stated their main concern is the easterly portion of property that was not annexed with the rest of the property in the early 1990s.
Dr. Yamanaka stated the parcel number was written on the original application to the City, however it was not included in the annexation due to an error.
Larry Shaw, Chief of Police, stated his concern for that traffic flow on Chestnut and Oak Streets. Encouraged Council to pay close attention to the engineering, and felt this issue should be a priority he also stated his concern with the roundabouts as a traffic calming measure.
Dave Carlson, Carlson Barbee, and Gibson, clarified that the radius of curvature of Oak Street is twelve hundred feet and felt it would be safe.
Ms. Schafer stated they had worked extensively with staff and the Planning Commission on the current plan.
Mayor McPoland asked for clarification on the term Detention Basin/Neighborhood Park. Mr. Bronzan stated the park and detention basin would both be five-acres each. The fees for the five-acre park would be through Quimby funds. Mr. Stevenson stated the money for the detention basin land would be through flood control fees and the cost of the improvements would come from the developer and the maintenance through the LLDs.
There being no one else wishing to speak the Public Hearing was closed.
Councilmember Petrovich did not feel traffic would highly affect the downtown area, but would go through Balfour Road. He stated he liked the road alignment and felt it would work well for the area.
There was discussion regarding the annexation and the Citys involvement with it.
Councilmember Gomes asked why the Planning Commissions vote on this issue had been split. Mr. Leana stated one commissioner voted no, because he felt the City should not try to annex the additional acreage and that there should be more of a buffer between the project and the land outside the Urban Limit Line; and that another Commissioner felt that there should have been transitions in lots sizes with the previous item.
Councilmember Gomes asked what would happen if the property was not annexed. Mr. Schafer answered that the map would stay the same except a street alignment would change and one parcel would become a larger park area.
Councilmember Hill asked what was contemplated in the event this was to be the easterly border of the City and what would be an adequate buffer. Mr. Leana answered there would be a roadway on the easterly boundary and the detention basin. Councilmember Hill felt the road and detention basin does not provide the same benefit of a buffer the way the current detention basin does.
Resolution No. 2339
A Resolution of the City Council of the City of Brentwood initiating an application to the Local Agency Formation Commission (LAFCO) for the Yamanaka Annexation (No. 01-01). The property is located on the east side of the City north of Chestnut Street and east of Garin Ranch Parkway. (013-220-004)
It was moved/seconded by Petrovich/Gomes that the first reading of Resolution No. 2339 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:
Gomes, Petrovich, Mayor McPoland
Ordinance No. 681
An Ordinance of the City Council of the City of Brentwood amending the Municipal Code by prezoning property referred to as the Yamanaka Annexation located generally north of Chestnut Street and east of Garin Parkway to Planned Development thirty (PD-30), (013-20-004)
It was moved/seconded by Petrovich/Gomes that the first reading of Ordinance No. 681 waived and that the same be adopted as recommended by staff. Motion passed by the following vote:
Gomes, Petrovich, Mayor McPoland
Resolution No. 2340
A Resolution of the City Council of the City of Brentwood approving a mitigated negative declaration, a general plan land use amendment (GPA 00-03) on 0.22 acres changing the land use from low density residential to high density residential and specific plan amendment #2 to the Garin Ranch Specific Plan changing the sites designation from a mix of medium and wide shallow single family to conventional single family residential, for property generally located at the northeast corner of Chestnut Street and Garin Parkway, extending between Chestnut Street and Sycamore Avenue, filed by William Lyon Homes (APN 013-211-001 AND 002, 013-212-001 AND 013-220-004)
It was moved/seconded by Petrovich/Gomes that the full reading of Resolution 2340 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:
Gomes, Petrovich, Mayor McPoland
Ordinance No. 682
An Ordinance of the City Council of the City of Brentwood rezoning 56.63+ acres (RZ 00-05) from planned development seventeen (PD-17) to planned development thirty (PD-30) for a mix of 46.21 acres of single family residential, 0.22 acres of senior apartments and a 10.2 acre neighborhood park/detention basin and adding chapter 17.480 of the Brentwood Municipal Code by establishing development standards for subarea C and D of zoning District PD-30. (APN 013-212-001, 013-220-004 and 013-211-001)
It was moved/seconded by Petrovich/Gomes that thee first reading of Ordinance No. 682 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:
Council recessed for a break at 10:10 and reconvened at 10:20 p.m.
Consideration of a Resolution adopting the 2000 Urban Water Management Plan.
Joe Majarucon, Wastewater Operations Manager, introduced the staff report.
Councilmember Beckstrand stated there was a discrepancy in some of the numbers in the report and that those were going to be changed and with the numbers per household she felt it may be more accurate to use the Citys figures of 2.8 persons per household instead of Contra Costa Water Districts figures.
Mayor McPoland opened the Public Hearing. There being no one wishing to speak it was closed.
Resolution No. 2141
A Resolution of the City Council of the City of Brentwood adopting the 2000 Urban Water Management Plan
It was moved/seconded by Gomes/Hill that the full of Resolution No. 2141 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:
Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
Discussion concerning establishing rules and regulations for the Skate Park.
Ken DeSilva, Park Services Manager, introduced the staff report, gave an overview of the rules for use of the skate park, and stated they would be formally adopted by ordinance.
Councilmember Petrovich suggested a rule be added regarding roughhousing. Mr. DeSilva stated there had been discussion regarding implementing a code of conduct. Councilmember Petrovich felt that it should be put in writing so it would be enforceable. Councilmember Hill felt words needed to be used that the users of the skate park would understand. There was further discussion regarding what type of wording could be used for that item.
Mr. DeSilva stated they were going to leave the gates unlocked at the beginning and discussed park hours.
There was discussion about opening the park before the ordinance went into effect. Councilmember Hill felt the rules should be enforced the day the facility would open. Councilmember Gomes felt there should be a grace period with the rules so everyone would be familiar with them when they go into effect. Councilmember Beckstrand felt the rules could be posted warnings could be given out until the ordinance went into effect. Mr. Beougher stated they were going to propose the rules be done by administrative citation. There was further discussion regarding enforcement procedures.
Mr. Bronzan stated there is twenty-four hour recorded surveillance on a continuous loop tape. Councilmember Gomes felt that wording should be added to the signs regarding the surveillance cameras.
Councilmember Gomes asked if there was the ability to expel someone from use of the park. Mr. Beougher stated it could be done. Councilmember Gomes asked if wording could be added to that effect.
Councilmember Hill asked if there would be lighting on after hours. Mr. DeSilva stated the ability to light it is there. There was discussion regarding lighting the skate park.
Councilmember Hill asked what the impact to staff would be for locking the facility. Mayor McPoland felt the facility should be locked and the area should be lit. Councilmember Gomes felt that too much damage could occur without lighting or locking the facility.
Designate Councilmembers as voting delegate and alternate voting delegate at the League of California Cities annual business meeting on September 15, 2001 in Sacramento.
Mayor McPoland was appointed as the voting delegate and Councilmember Hill as the alternate.
Discussion concerning membership boundaries for the Arts Commission members.
Council directed staff to make the boundaries the city limits
CITIZEN COMMENTS - None
FROM COUNCIL MEMBERS
Councilmember Gomes reported on the Bypass Authority meeting.
There being no further business the meeting was adjourned at 11:35 p.m.
City of Brentwood City Council
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