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 CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
Minutes of June 25, 2002

A regular meeting of the City Council of the City of Brentwood was called to order at 7:30 p.m. in the Council Chambers located at 734 Third Street, with Mayor McPoland presiding.

ROLL CALL
Present: Councilmembers, Gomes, Hill, Petrovich, Mayor McPoland 
Absent: Councilmember Beckstrand

PRESENTATIONS

A. Proclamation proclaiming July as National Park and Recreation Month.

Mayor McPoland presented Jan Melloni, Chairperson of the Parks and Recreation Commission, a plaque proclaiming July as National Park and Recreation Month.

Ms. Melloni thanked the City for their support.

B. Presentation of Marsh Creek survey results and compilation of U. C. Berkeley students’ project work by Rich Walking of the Natural Heritage Institute and Chia-ning Yang. Mr. Walking gave a presentation regarding the restoration opportunities along Marsh, Deer and Sand Creek. 

Mayor McPoland expressed his appreciation to the Natural Heritage Institute and UC Berkley for their study and support in the preservation of the creeks.

AGENDA REVIEW

Consent Calendar

Item 9 Amended Agreement.

Public Hearings

Item 18 Request to continue item until August 27, 2002.

Item 20 Addition of Condition of Approval No. 80.

CITIZEN COMMENTS

The following residents of the Solano Subdivision expressed concerns regarding the recent approval by the Planning Commission to approve a new subdivision for the Mission Peak Company while the sub-standard conditions of their homes and neighborhood remain unresolved:

• Donna Gutridge
• Linda Lemos
• Rosie Ramerez 

Among the reasons listed were shoddy workmanship, faulty cabinets, uneven stucco, undersized gutter, faulty streets and sidewalks. It was also discussed that many of the homes have mold issues. There was also concern expressed regarding the empty lot at the end of the street which is overgrown with weed and unattended.

Mayor McPoland responded that approximately 1-1/2 years ago he walked through the subdivision and could not find a resident willing to have a meeting regarding the problems. After some discussion, Mayor McPoland directed staff to look into the issue of streets and also the lot across the street.

Councilmember Gomes explained that because their item of concern was not on the agenda, the City Council cannot discuss it with them this evening but the Mayor has directed the City Manager to prepare a report on those items that you brought to our attention tonight. There is a legal process that we have to follow and we cannot get into discussions about it tonight, but once the report is prepared, it will be put on the agenda for Council discussion. He further stated that Council did hear their concerns and something will be done.

Barbara Guise, resident gave a brief update on recent meeting concerning the possibility of extending BART and eBart service to Antioch/Brentwood. The costs will range between $650 – 700 million dollars. Ms. Guise then announced that Tri-Delta Transit would be extending its service to Lone Tree Way beginning July, 2002. She added that with the exception of Dimes-A-Ride all rates have been raised and thanked the City for their generous support of the Dimes-a-Ride program. Additionally, beginning in August, 2002, the 49er bus will begin running. The cost will be $10.00 round trip, children under 15 are free. 

CONSENT CALENDAR

1. Approve Minutes of June 11, 2002. 

2. Approved Resolution No. 2582 amending Resolution No. 2539 authorizing the submittal of a grant proposal to the State of California Department of Parks and Recreation Murray-Hayden Urban Parks and Youth Service Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (Proposition 12) and authorizing the Parks and Recreation Director to execute and submit all documents which may be necessary for the completion of the project. 

3. Approved Resolution No. 2583 approving the Final Map of Subdivision No. 8369, Tuscany, Unit #3, Beck Properties Inc., located south of San Jose Avenue and west of Fairview Avenue; accepting the improvements security, approving the Subdivision Improvement Agreement and authorizing the Mayor and City Clerk to execute the same.

4. Approved Resolution No. 2584 approving the Final Map of Subdivision No. 8088, Brentwood Country Club, Pulte Home Corporation, located south of Wolfe Road and east of Fairview Avenue; accepting the improvements security, approving the Subdivision Improvement Agreement and authorizing the Mayor and the City Clerk to execute the same.

5. Approved Resolution No. 2585 approving the Final Map of Subdivision No. 8493, Deer Ridge Country Club, Village H-2, California Sun-Brentwood L.L.C., located south of Balfour Road and east of Foothill Drive; accepting the improvements security, approving the Subdivision Improvement Agreement and authorizing the Mayor and the City Clerk to execute the same. 

6. Approved Resolution No. 2586 accepting the offers of dedication in fee for right-of-way of Quiet Gable Court, accepting the offers of dedication in fee for the areas designated as parcel “A” and parcel “B”, accepting the offers of dedication for the areas designated as “Public Utility Easements” or “P.U.E.” for public use as shown on the Final Map; accepting all relinquished interest in subsurface mineral and water rights below 300 feet as shown on said Final Map and accepting public improvements (water lines, sanitary sewer, storm drain, fiber optics and streets with all related improvements) for maintenance; accepting the Subdivision Maintenance Bond and the Landscape Bond in the amount of $3,000 Cash for lots #8 and #9 (the front yard landscaping will be done at a later date) and releasing the Subdivision Improvement Securities for Subdivision No. 8608, “Campanello 2, Centex Homes, located south of Balfour Road and east of Marsh Creek.

7. Approved Resolution No. 2587 accepting the offers of dedication in fee for parcel “I” for public use as shown on the Final Map and accepting all park improvements for maintenance, accepting the Park Maintenance Bond in the amount of $80,346.90 and releasing the Park Improvement Securities for Brentwood Villages, Grupe Company, Subdivision No. 8411, located south of Balfour Road and east of Walnut Boulevard.

8. Approved Resolution No. 2588 accepting the offers of dedication in fee for the right-of-ways of Castellina Drive, Castellina Court, Vernazze Court, Chianti Court, Lucca Court, Chiavari Court, Volpaia Court and Portofino Drive; accepting the offers of dedication for the area designated as Parcel “A”, Parcel “B” and “P.U.E.” for public use as shown on the Final Map; accepting public improvements (water lines, sanitary sewer, storm drain, fiber optics and streets with all related improvements) for maintenance; accepting the Subdivision Maintenance Bond and releasing the Subdivision Improvement Securities for Tuscany Unit #2, Beck Properties, Subdivision No. 8368, located west of Fairview Avenue and south of San Jose Avenue.

9. Execute an agreement between The Covello Group, Inc. and the City of Brentwood to provide Construction Management Services for the Sunset Industrial Complex Project, CIP Project No. 336-3128, including but not limited to constructability and bid ability reviews, contract administration, cost control, master schedule, resident engineering, inspection, testing, and quality control and authorize the City Manager to execute change orders up to 20% of the contract amount. 

10. Authorize staff to prepare an Out of Agency Service Application to LAFCO on behalf of the property owners of 2800 Anderson Avenue.

11. Approve Resolution No. 2589 to execute a contract amendment for the professional design services of McGill Martin Self, Inc. to include a term extension to June 30, 2003 and a change order not to exceed $87,000 for survey, construction and staking services for the Sunset Industrial Complex, CIP Project No. 336-3128. Pulled for further discussion.

12. Approve Resolution No. 2590 to execute agreements for providing plan check services to the City on an as-needed basis from Advanced Tec Engineering Group and RBF Consulting in an amount not to exceed $30,000 each, and with McHale Engineering in an amount not to exceed $15,000. 

13. Approve Resolution No. 2591 to execute contract amendments for professional design and service agreements with Bellecci & Associates (design) and Gray-Bowen and Associates (Project Study Report) and reinstate CIP Project No. 336-3131 into the CIP program. 

14. Approve Resolution No. 2592 approving the 2002/03 Prop 4 Appropriation Limitation using the change in the City population factor of 18.07% to calculate the limit.

15. Approve Resolution No. 2593 to execute a change order with BKF Engineers in an amount not to exceed $71,502 for additional services for infrastructure improvement design for the New Police Facility, CIP Project No. 336-3110. 

16. Approve Resolution No. 2594 to execute contract amendments for 10 Professional Design and Service Agreements as needed for project completions. 

17. Appointment of Ronald Fugazzi as the alternate to the Contra Costa County Library Commission. 

It was moved/seconded by Petrovich/Gomes to approve consent calendar items 1-9 and 11-17 including the amended agreement to Item 9 as recommended by staff. Motion carried with Councilmember Beckstrand absent.

Item 10 Authorize staff to prepare an Out of Agency Service Application to LAFCO on behalf of the property owners of 2800 Anderson Avenue.

Paul Eldredge, Assistant City Engineer, stated that the property resides outside the City limits and currently has no services available to it. He further explained that as a result of a nearby development project there are some water and sewer facilities that are in the area but it would take some work to get it to get them to the property to serve it. If the City wanted to serve the property, we would have to go to LAFCO and get LAFCO’s approval through an Out of Agency Service Agreement. The are asking for City assistance because the well which supplies the potable water for the property has tested very high for nitrates. They also have the option of acquiring a permit from the County to dig another well on the property. 

Mayor McPoland asked how far the lines would have to be extended from the new Subdivision to the property.

Mr. Eldredge responded the lines would have to be extended approximately 600 - 700 feet.

Councilmember Hill asked if there was a parcel located in front of the subject property.

Mr. Elredge responded that there was a parcel approximately 1-acre in size, located in front of the property and that the property owner had a cross-access easement for the parcel. Mr. Eldredge further stated that the request was provided by Mr. Charles Pringle who is the former owner of the property. The existing residents have expressed concern over the lack of potable water as well. 

Councilmember Hill commented that Council directed Mr. Pringle to seek other alternatives the last time he brought this item before them. He further stated that there was some question as to who the underlying property owner was at that time.

Councilmember Petrovich suggested that we pull the old staff report and bring the item back at the next meeting.

Councilmember Gomes asked for clarification on who was going to pay the cost of extending the water and sewer lines from the Subdivision to the property.

Mr. Eldredge responded that the property owners would pay that cost.

Councilmember Hill stated that the concern with the staff report the last time it was presented was in regards to the precedent it would set with other adjoining properties that may have similar requests. The other issue was that the size of the parcel could be subdivided at the time there are services.

Mayor McPoland commented that he would like to have the item brought back to Council and he would like the property owners present at that meeting.

Councilmember Hill stated that he would like to see any disclosure information about how the new property owner took up new ownership without this issue resolved because it was a failed system a year ago. 

Council directed staff to bring the item back at a future date. 

PUBLIC HEARINGS

18. Approve a Resolution and Consideration of an Ordinance approving an amendment to Planned Development (PD) 35 to create development standards for Sub Area E, Subdivision No. 8556. Continued to August 27, 2002 per agenda review. 

It was moved/seconded by Hill/Gomes to continue Item 18 approving a Resolution and Consideration of an Ordinance approving an amendment to Planned Development (PD) 35 to create development standards for Sub Area E, Subdivision No. 8556 to August 27, 2002. Motion carried with Councilmember Beckstrand absent.

19. Approve a Resolution amending the noise standard and consideration of an Ordinance approving an amendment to Planned Development No. 56 (PD-56) to create development standards for the Sunset Industrial Park, located north of Sunset Boulevard, west of Sellers Avenue, and east of Brentwood Boulevard.

Jeff Zilm explained that this item has two parts:

• To establish the threshold of significance for ambient noise. 
• To create development standards for the new Sunset Industrial Park.

Establish the threshold of significance for ambient noise.

The City of Brentwood is transitioning from a pristine undeveloped area with a very low noise level into an urban and suburban community with appropriate much higher noise levels and therefore, the 10 dB threshold of significance is appropriate standard for the City of Brentwood to generally use as part of its CEQA review process. 

To create development standards for the new Sunset Industrial Park.

The industrial park is composed of three sub-areas. Sub-area A is intended for light industrial uses and a limited amount of retail uses intended to serve on-site businesses, users of the adjacent sports park, and nearby residents. Sub-area B consists is intended for light to medium industrial uses. Sub-area C is intended for medium to heavy industrial uses

Mayor McPoland asked the reason for requiring a lumber and milling Yard to acquire a Conditional Use Permit. 

Mr. Zilm responded that through the use of a CUP it will be easier to regulate the location of the Lumber and Milling Yard to better protect the homes in the area which are located fairly close to some of the residential areas. The area will be screened with a 6’ berm with a 6’ high wall. 

Mayor McPoland asked the dB on the lumber and milling operation.

Mr. Sword commented that extensive studies were done on the whole area and the milling operation fell well within the acceptable standards.

Councilmember Hill expressed concern that the requirement for a CUP was never discussed in any of the previous meetings with the Lumber and Milling applicant and he feels we have misled the applicant.

Mayor McPoland asked Mitch Oshinksy, Director of Community Development, if he had had any discussion with Mr. Baker, the applicant, with regards to a CUP.

Mr. Oshinsky responded that he had not had any conversations with Mr. Baker regarding the CUP. 

Mayor McPoland commented that both he Councilman Hill have worked with Mr. Baker for three years and Mr. Baker has been more than patient. He added that he was aware that a CUP would be needed for the Batch Plant but was not aware that one was needed for the Lumber and Milling Operation and he feels that we have mislead Mr. Baker.

Councilmember Hill suggested that we could bring back some resolution that if Mr. Baker seeks a CUP that the City will wave the cost of that application.

Mayor McPoland asked what the cost of the CUP would be.

Mr. Zilm responded that it would be approximately $7,000.

Councilmember Petrovich asked how they came up with the measurement of 10dBA.

Mr. Zilm responded that it is the standard that Caltrans uses.

Councilmember Petrovich asked if 10dB was considered a ratio above what is there. 

Mr. Zilm resounded that it is taking the noise level on an existing piece of land and adding 10dB to it.

Mayor McPoland stated that he was very disappointed that the sub-committee was not given an opportunity to review this Staff Report before it was presented to Council.

Councilmember Petrovich stated that he would not vote on the item due to insufficient information concerning noise levels.

The Public Hearing was opened.

Karen Rogge, resident, expressed concern with moving the lumber mill so close to the existing homes in the area.

There being no one else wishing to speak, the Public Hearing was closed.

Councilmember Hill responded to Ms. Rogge’s comments stating that no promises have been made to the lumber mill but they have participated in good-faith discussions about their operation moving into this arena. We are dealing with blanket and at some point the individual operations will be studied and mitigation will be developed to reduce the impact. If they cannot be overcome, which we believe they can based on the preliminary information from the noise consultant, then we can make decisions on who gets to go there or not.

It was moved/seconded by Gomes/Hill to continue Item 19 to approve a Resolution amending the noise standard and consideration of an Ordinance approving an amendment to Planned Development No. 56 (PD-56) to create development standards for the Sunset Industrial Park, located north of Sunset Boulevard, west of Sellers Avenue, and east of Brentwood Boulevard to July 9, 2002. Motion carried unanimously.

Council recessed for break at 8:30 p.m.

Council reconvened at 8:40 p.m.

It was moved/seconded by Gomes/Hill to reconsider Item 19. Motion carried with Councilmember Petrovich voting no.

Mitch Oshinsky, Director of Community Development stated staff would like Council to consider the adoption of the Resolution setting the ambient noise standard so we would have that in effect.

It was moved/seconded by Gomes/Hill to consider a Resolution of the City Council of the City of Brentwood authorizing use of a threshold of 10dB as a noise standard for CEQA purposes. Motion passed with Councilmember Petrovich abstaining and Councilmember Beckstrand absent.

Councilmember Petrovich objected to the motion and felt there was no basis to bring this item back after it had been sent back to the sub-committee and directed the City Manager to seek legal opinion.

RESOLUTION NO. 2595

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING USE OF A THRESHOLD OF 10 DB AS A NOISE STANDARD FOR CEQA PURPOSES

It was moved/seconded by Hill/ to approve Resolution No. 2595 amending the noise standard as recommended by staff. 

AYES: Councilmembers Gomes, Hill, Mayor McPoland
NOES: None
ABSENT: Councilmember Beckstrand
ABSTAIN: Councilmember Petrovich

It was moved/seconded by Hill/Gomes to continue consideration of an Ordinance approving an amendment to Planned Development No. 56 (PD-56) to create development standards for the Sunset Industrial Park, located north of Sunset Boulevard, west of Sellers Avenue, and east of Brentwood Boulevard to the City Council Meeting of July 9, 2002. Motion passed by the following vote:

AYES: Councilmembers Gomes, Hill, Mayor McPoland
NOES: None
ABSENT: Councilmember Beckstrand
ABSTAIN: Councilmember Petrovich 

20. Consideration of a rezone of approximately 133 acres from a mix of R-1, R-2, and R-1-E to Planned Development Fifty Nine (PD-59) with the adoption of specific development standards, and to act on related appeals of the Planning Commission’s actions to approve a Mitigated Negative Declaration, a Vesting Tentative Subdivision Map (TSM 8561), and design review (DR 01-42) for 496 single family homes, 6 parks, a private swim club, and open space/trail areas for the proposed Rose Garden Residential Development located north of Lone Tree Way, east of the Union Pacific Railroad Tracks, south of Neroly Road and west of O’Hara Avenue. A mitigated Negative Declaration has been prepared for the project. 

Winston Rhodes introduced the item explaining that the Planning Commission and staff recommend that the City Council take the following actions:

• Pass a Resolution approving the Mitigated Negative Declaration for the Rose Garden development project.

• Introduce and waive the first reading of an Ordinance, approving the rezoning of approximately 133.1 acres from a mix of R-1-E, R-1, and R-2 to PD-59 and adding Chapter 17.521 to the Brentwood Municipal Code which adopts development standards for PD-59. 

• Pass a Resolution denying the appeals of the Planning Commission’s approvals of the Mitigated Negative Declaration, Vesting Tentative Subdivision Map, and Design Review. 

Mr. Rhodes detailed the findings of the Environmental Review stating that based on the conclusions of the initial environmental study, an Mitigated Negative Declaration has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA). 

Chris Gray, representing Fehr & Peers Associates explained that his firm has an extensive knowledge of the transportation conditions in the Brentwood and East County area. They did the traffic analysis for the Brentwood General Plan EIR and the State Route 4 Bypass among others. Mr. Gray responded to the questions raised by the appellant regarding the adequacy of the traffic analysis. Mr. Gray stated that the appellant felt the traffic analysis was incorrect because it did not take into account the current conditions of the roads. He responded that they felt that this would be inappropriate given the extensive amount of roadway construction that is taking place. They only took into account the condition of the roadway, when the project is open. 

Dan Muller, Land Use Attorney representing Pulte Homes, gave a report on the air quality impacts stating that all air quality impacts were addressed in the General Plan Update EIR. Mr. Muller further stated that he believes, strongly, that there is no information constituting substantial evidence of unmitigated air quality impacts provided or presented in the comment letters or appeals.

Mr. Rhodes reported that the applicant has agreed to an additional condition for inclusion on the Vesting Tentative Map to memorialize the applicants commitment for the provision of affordable housing in the project. An objective environmental evaluation of the project has been conducted and environmental impacts have been fully mitigated. The applicant provided and staff reviewed sufficient information to analyze the project consistent with City Municipal Code requirements. The project adheres to the General Plan Policies and to the Design Review Guidelines utilized by the Planning Commission to achieve high quality design on residential projects in Brentwood. The Planning Commission has reviewed extensive information and has acted appropriately when it approved the Mitigated Negative Declaration, the Environmental Document, the Vesting Tentative Subdivision Map and the Design Review. On balance, the project will bring a mix of housing types, lot sizes, affordable housing opportunities, new recreation amenities, a neighborhood swim club and new links to the City’s recreation trail system. It will also contribute it’s fair share to upgrade infrastructure.

The Public Hearing was opened.

Kate Poole, Attorney for Adams Broadwell representing the appellants; the Plumbers and Steamfitters Union Local 159, the International Brotherhood of Electrical Workers Local 302, the Sheetmetal Workers Union Local 104, and Kevin Bolles, commented that they are in support of the affordable homes which will be a part of this development however, they are very concerned that this development is in the middle of a flood plane. She also spoke with some concern over the air quality impacts.

Councilmember Hill asked Ms. Poole if she knew about the flooding issue from the beginning, why didn’t they submit it much earlier in writing so Council would have time to review it. 

Ms. Poole responded that they have raised the issue from day one.

Councilmember Hill replied that he was aware of that so why wait until 4:00 today to submit another opinion she wanted to include in making an analysis.

Ms. Poole commented that they have had difficulty obtaining reports from both the County and the applicant that are necessary to prepare their comments.

Councilmember Petrovich asked Ms. Poole if she knew the date of the last major flood in Brentwood.

Ms. Poole stated that she is sure that her hydrology experts could answer the question but she cannot. 

Councilmember Petrovich asked Ms. Poole how she knows that this area is going to flood.

Ms. Poole responded that she is relying on information from FEMA, the County Flood Control and the applicant’s report.

Councilmember Hill asked Ms. Poole what level of flooding she has determined will occur.

Ms. Poole responded that they are looking at the 100 year storm event. There is a 1% chance of that happening in any given year.

Councilmember Hill repeated his question, what level of flooding does she anticipate happening.

Ms. Poole responded that she is unable to answer the question but that FEMA has required everyone that lives in the area to have federal flood insurance.

Councilmember Petrovich stated that the statement regarding flood insurance requirements is not true. He further stated that the last major flood in Brentwood was in the mid-fifties and the area that flooded was not in the area being discussed.

Mayor McPoland commented that he is very annoyed that we received a four-inch thick document from Ms. Poole at the City offices at 4:00 p.m. with the expectation that Council would be able to review it prior to the meeting. Mayor McPoland then asked Mr. Poole if it was true that every project that is coming down commercial and residential in the City of Brentwood for the last several months, your firm has been hired by these unions to disrupt and to show there are problems with EIRs.

Ms. Poole did not think that was correct. 

Mayor McPoland stated that directly across the street from this project is the Slatten Ranch Project that has a seven-year-old EIR but because there is a Project Labor Agreement, the Unions haven’t protested that project at all. Mayor McPoland then stated that he felt this was organized blackmail.

Ms. Poole responded that the people she represents depend on continuing construction work for their livelihood. So they have a strong economic stake in making sure that development is sustainable. Environmental constraints frequently cause construction moratoriums. We don’t want to build everything out today and be stuck with a miserable environment and no jobs tomorrow. She further stated that she is not familiar with the Slatten Ranch project. 

Mayor McPoland commented that as a retired Operating Engineer he is embarrassed that unions are involved to the extent that they are. He further commented that he knows that if this particular applicant signed on the dotted line, 100%, you would go away. He reiterated that this is organized blackmail. The EIR in the General Plan was very thoroughly scrutinized in the two-year process and it was just finished. Mayor McPoland then stated that he lives in the area that is being discussed and it has never flooded.

Councilmember Hill asked whether Ms. Poole’s firm proposed any solutions to the problems they have raised to benefit the union members and make it a nice environment to live in.

Ms. Poole responded that they have proposed many environmental mitigation measures.

Councilmember Hill then asked if we adopted her solutions would the unions sign on and we would be done with the appeal.

Ms. Poole responded that part of the problem is that the proper analysis has not been done to determine the impacts.

Councilmember Hill asked how they were able to find solutions if there was no analysis to determine the problems.

Ms. Poole stated that they have done several analyses where they identified information gaps. They calculated emissions where they could and have prepared mitigation measures. The City and the applicant have taken issues with those analyses.

Councilmember Hill stated that she should have had her experts at the meeting so Council could have received answers to the questions they are asking. He further stated he can not make a decision without any information. He added that if she wants the Council to take her clients seriously they should treat them with a little more respect and get them information in a timely fashion. How is Council expected to review the documents when they get them at 4:00 p.m.? 

Ms. Poole stated that they provided all of their comments within the comment period and provided the documents today so they would not take up a lot of Council’s time going over each point during the meeting. 

Councilmember Petrovich stated that he did not know the documents existed before the meeting and received no copy of them.

Councilmember Gomes and Mayor McPoland both stated they did not receive a copy.

Mitch Oshinsky, Director of Community Development, commented that City staff, Engineering, Planning and the experts from the County Flood Control District have looked at every single issue that the unions have raised and we feel that every issue has been addressed satisfactorily and there will be no unmitigated impact.

Ms. Poole commented that if Council would like her to come back with her consultants she would be happy to do that.

Karen Rogge, Brentwood resident, commented that she originally had concerns with the parking and with the schools in the area but after speaking with Winston Rhodes and the school district, her concerns have been addressed. She feels it is a well-planned community and a benefit to the City.

Michael Richards, Oakley resident, stated that he is in support of Rose Garden because he would like to see Neroly Road fixed and he is glad that Pulte will be making those changes.

Todd Fuginagga, attorney, representing the Bloomen, Martinez and Franklin families, that all having properties adjacent to O’Hara and east of the Rose Garden Project. Mr. Fuginagga voiced his support of the Rose Garden Project. 

Ron Nunn, Brentwood resident, stated he is a property owner involved in Rose Garden Project but also owns 80-acres west of the Rose Garden project. Over the years, Flood Control has taken more than 50% of his parcel for the Lindsey Basin Detention Pond. He put an apple orchard on the remaining property but now they have eliminated his water source and he is no longer able to grow apples. He further commented that he has never seen the property flood.

John Johnson, Pulte Home Corporation, Pleasanton, CA, urged council to approve the project and deny the appeals. Mr. Johnson complimented Winston Rhodes for his efforts and many hours working on the project. 

Councilmember Hill addressed Mr. Johnson regarding a letter written to the unions by the Division President of Pulte Homes, stating that he felt that the letter inappropriately stated his opinion as a Councilmember and staffs opinion. Councilmember Hill stated that he felt the letter was written in a taunting way and implied that there was a lot more support than he personally had knowledge of. 

Councilmember Hill asked Mr. Johnson what Pulte’s plans were for the small parcel of land that is currently not a part of the subdivision.

Mr. Johnson responded that Pulte is currently in negotiations for the purchase of the property and they have every intention of purchasing the property as it will be the shoe fly which goes through the middle of the property. If Pulte are unable to negotiate for the property, the City may have to take it away under threat of condemnation. The City cannot build the Lone Tree underpass without this property.

Councilmember Petrovich stated that he would never agree to take someone’s property away under threat of condemnation and told Mr. Johnson that Pulte needs to resolve the issue. 

There being no one else wishing to speak, the Public Hearing was closed.

Councilmember Gomes commented that the unions are losing their credibility with their arguments regarding flooding. He stated that he is very glad to see the Neroly Road improvements as a result of this project. The County will never fix the road and the City of Oakley cannot afford to do it so this is very beneficial to the City of Oakley and the students who drive their cars on the road every day. 

Mayor McPoland commented that having worked on the project from the beginning, and he is very proud that the parks and trails and greenery were brought to staff’s attention and resolved early in the process. He also stated that he is disappointed that we have to go through the appeals process due to Union opposition. 

RESOLUTION NO. 2596

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE MITIGATED NEGATIVE DECLARATION PREPARED FOR THE ROSE GARDEN DEVELOPMENT INVOLVING A REZONE (RZ01-14), A VESTING TENTATIVE SUBDIVISION MAP (TSM 8561), AND A DESIGN REVIEW (DR 01-42) FOR UP TO 512 DWELLING UNITS, SIX PARKS, A PRIVATE SWIM CLUB, AND OPEN SPACE AND TRAIL AREAS LOCATED NORTH OF LONE TREE WAY, SOUTH OF NEROLY ROAD, AND EAST OF THE UNION PACIFIC RAILROAD TRACKS (APN 018-010-006, 018-010-007, 018-010-008, 018-010-010, 018-010-012, 018-020-001 AND 018-070-001) .

It was moved/seconded by Petrovich/Hill to approve Resolution No. 2596 as recommended by staff. Motion carried by the following vote:

AYES: Councilmembers Gomes, Hill, Petrovich, Mayor McPoland
NOES: None
ABSENT: Councilmember Beckstrand
ABSTAIN: None

ORDINANCE NO. 709

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE REZONE OF APPROXIMATELY 133.1 ACRES (RZ 01-14) LOCATED NORTH OF LONE TREE WAY, SOUTH OF NEROLY ROAD, AND EAST OF THE UNION PACIFIC RAILROAD TRACKS FROM A MIX OF SINGLE FAMILY RESIDENTIAL ESTATE (R-1-E), SINGLE FAMILY RESIDENTIAL (R-1), AND MODERATE DENSITY MULTI-FAMILY RESIDENTIAL (R-2) TO PLANNED DEVELOPMENT (PD) 59 AND ADDING CHAPTER 17.521 TO THE BRENTWOOD MUNICIPAL CODE WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR SIX SUBAREAS WITHIN PD-59 KNOWN AS SUBAREAS “A”, “B”, “C”, “D”, “E”, AND “F”.

It was moved/seconded by Petrovich/Hill that the first reading of Ordinance No. 709 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote: 

AYES: Councilmembers, Gomes, Hill, Petrovich, Mayor McPoland
NOES: None
ABSENT: Councilmember Beckstrand
ABSTAIN: None

RESOLUTION NO. 2597

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD UPHOLDING PLANNING COMMISSION APPROVALS AND DENYING ALL APPEALS OF PLANNING COMMISSION RESOLUTIONS NO. 02-14 AND 02-15, APPROVING A MITIGATED NEGATIVE DECLARATION, VESTING TENTATIVE SUBDIVISION MAP 8561, AND DESIGN REVIEW 01-42, FOR THE ROSE GARDEN DEVELOPMENT ON 133 ACRES LOCATED NORTH OF LONE TREE WAY, SOUTH OF NEROLY ROAD, AND EAST OF THE UNION PACIFIC RAILROAD TRACKS

It was moved/seconded by Petrovich/Hill to approve Resolution No. 2597 as recommended by staff. Motion carried by the following vote:

AYES: Councilmembers Gomes, Hill, Petrovich, Mayor McPoland
NOES: None
ABSENT: Councilmember Beckstrand
ABSTAIN: None

21. Approve a Resolution adopting the Brentwood Parks, Trails and Recreation Master Plan and Mitigated Negative Declaration. 

Warren McClung representing RRM designs gave a brief presentation outlining the development and implementation of the Parks, Trails and Recreation Master Plan.

Mayor McPoland asked regarding the equestrian trails.

Mr. McClung responded that we would deal with equestrian use as appropriate to the specific conditions. The language in the master plan directs the Parks and Recreation Department to evaluate it on a case-by-case basis. 

Mayor McPoland stated that there is a county-wide push to be able to link up the trails for equestrian uses and he has some concern that we will have breaks between not allowing them to get from one to the other. 

Craig Bronzan, Director of Parks and Recreation stated that one of the objectives stated in the Master Plan is to encourage the establishment of appropriate development requirements and standards. It also discusses the needs of all users including equestrian. ECHO was involved in the initial development stage and felt comfortable if we look at it case by case and accommodate equestrian use wherever feasible and possible.

Mayor McPoland stated that he would like equestrian users to be able to get from point A to point B without having to get into a trailer and driving part of the way.

Councilmember Hill responded that there may be cases where that is not possible. Even on Marsh Creek as you go south, the right-of-way is not there but that does not mean it should not be in the future if we have the ability to influence that. There may be situations where that is just not possible due to private land-owner rights.

The Public Hearing was opened.

Karen Rogge, Brentwood resident, commented that in her subdivision they have an equestrian trail that goes to the East Bay Mud right-of-way. 

There being no one else wishing to speak, the Public Hearing was closed.

RESOLUTION NO. 2598

CITY OF BRENTWOOD CITY COUNCIL ADOPTION OF THE BRENTWOOD PARTS TRAILS AND RECREATION MASTER PLAN AND MITIGATED NEGATIVE DECLARATION.

It was moved/seconded by Gomes/Hill to approve Resolution No. 2598 adopting the Brentwood Parks, Trails and recreation master Plan and Mitigated Negative Declaration. Motion passed by the following vote:

AYES: Councilmembers Gomes, Hill, Petrovich, Mayor McPoland
NOES: None
ABSENT: Councilmember Beckstrand
ABSTAIN: None



22. Approve a Resolution adopting the 2001/02-2002/03 Amended Budget for the City of Brentwood. 

Pam Ehler, Director of Finance and Information Systems gave a brief update on the need to incorporate some necessary changes in the 2001/02-2002/03 Budget. She explained that the amended Budget does not contain any changes to the current revenue projections that may result from the State budget adjustments. However, many of the expenditure reallocations are being recommended in preparation for those cuts.

The Public Hearing was opened.

There being no one wishing to speak, the Public Hearing was closed.

RESOLUTION NO. 2599

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING THE 2001/02-2002/03 AMENDED BUDGET FOR THE CITY OF BRENTWOOD.

It was moved/seconded by Gomes/Petrovich to approve Resolution No. 2599 adopting the 2001/02-2002/03 Amended Budget for the City of Brentwood. Motion passed by the following vote:

AYES: Councilmembers Gomes, Hill, Petrovich, Mayor McPoland
NOES: None
ABSENT: Councilmember Beckstrand
ABSTAIN: None

23. Approve two Resolutions for both the Annual Sewer and Water Service Standby Charge on Vacant Parcels of Land within the City Limits. 

Jennifer White, representing Francisco & Associates, gave an overview of the proposed annual sewer and water service standby charges.

The Public Hearing was opened.

Karen Rogge, Brentwood resident, asked what the amount would be for water and sewer charges on a vacant parcel of land. 

Councilmember Petrovich replied that the cost would be $140.00.

There being no one else wishing to speak, the Public Hearing was closed.

RESOLUTION NO. 2600

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD RENEWING THE ANNUAL WATER SERVICE STANDBY CHARGE ON VACANT PARCELS OF LAND WITHIN THE CITY LIMITS FOR FISCAL YEAR 2002-03

It was moved/seconded by Gomes/Petrovich to approve Resolution No. 2600 renewing the Annual Water Service Standby Charge on vacant parcels of land within the City limits for Fiscal Year 2002-03. Motion passed by the following vote:

AYES: Councilmembers Gomes, Hill, Petrovich, Mayor McPoland
NOES: None
ABSENT: Councilmember Beckstrand
ABSTAIN: None

RESOLUTION NO. 2601

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD RENEWING THE ANNUAL SEWER SERVICE STANDBY CHARGE ON VACANT PARCELS OF LAND WITHIN THE CITY LIMITS FOR FISCAL YEAR 2002-03

It was moved/seconded by Gomes/Petrovich to approve Resolution No. 2601 renewing the Annual Sewer Service Standby Charge on vacant parcels of land within the City limits for Fiscal Year 2002-03. Motion passed by the following vote:

AYES: Councilmembers Gomes, Hill, Petrovich, Mayor McPoland
NOES: None
ABSENT: Councilmember Beckstrand
ABSTAIN: None

OLD BUSINESS

24. Authorize the City Manager to enter into a Professional Services Agreement with Green Leaf Mapping and Control Systems effective July 1, 2002. 

Craig Bronzan, Director of Parks and Recreation, explained that this item was before Council on June 11, 2002. At that time staff was directed to go back to Dave McElroy, Green Leaf Mapping, to see if there is a way that the City can get some type of guarantee. After meeting with Mr. McElroy, staff is recommending that we continue with phase one to set up of the water management, for phase two instead of the original proposal Dave is willing to enter into a three year agreement with a 50/50 cost sharing as he implements the program on a month-to-month basis.

It was moved/seconded by Hill/Gomes to authorize the City Manager to enter into a Professional Services Agreement with Green Leaf Mapping and Control Systems effective July 1, 2002. Motion carried by the following vote:

AYES: Councilmembers Gomes, Hill, Petrovich, Mayor McPoland
NOES: None
ABSENT: Councilmember Beckstrand
ABSTAIN: None

NEW BUSINESS

25. Consideration of a request from the property owners of 3201 Sellers Avenue to have the City prepare and submit an Out of Agency Service Request to LAFCO for sewer and water service. 

Paul Eldredge, Assistant City Engineer, explained that the residents of the property have a failing septic systems. The City has a sewer line that runs approximately 300 feet in front of their house. They are going down a parallel path with the County Environmental Health to try to figure out what their sewer solution is going to be. They have approached the City to see if we would be interested in hooking up to their system.

After some discussion, Council decided this was an issue for the County and not the City.

It was moved/seconded by Hill/Gomes to deny consideration of a request from the property owners of 3201 Sellers Avenue to have the City prepare and submit an Out of Agency Service Request to LAFCO for sewer and water service. Motion passed with Councilmember Beckstrand absent.

CITIZEN COMMENTS - none

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS - none

REQUESTS FOR FUTURE AGENDA ITEMS 

Mayor McPoland requested a report on Fire Services.

At 11:18 p.m. it was moved/seconded by Gomes/Petrovich to adjourn the meeting to Friday, June 28, 2002 at 9:00 a.m. 

Respectfully Submitted,

Cynthia Goulding
Deputy City Clerk

 

 

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Brentwood, CA 94513
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