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CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
Minutes of August 27, 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 Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland 
Absent: None

CITIZEN COMMENTS

Mayor McPoland announced the Patriot’s Day Program the City will hold on September 11, 2002 in the City Park. The ceremony will begin at 7:30 a.m.

CONSENT CALENDAR

1. Approve Minutes of August 13, 2002. 

2. Approve Resolution No. 2645 approving an agreement for purchase of a fee parcel with William W. Weder and Pauletta R. Weder, his wife as Joint Tenants, for a portion of real property identified as APN 019-040-039, generally located on the south side of Lone Tree Way east of Shady Willow Lane, 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.

3. Approve Resolution No. 2646 approving an agreement for purchase of a fee parcel with John Pierre Mendoza, an unmarried man, for real property identified as APN 019-010-011, generally located on the north side of Lone Tree Way and west of the current Fairview Avenue intersection for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127 (Lone Tree Widening). 

4. Approve Resolution No. 2647 authorizing the Mayor and City Clerk or their designees to execute a Quitclaim Deed to terminate the City’s interest in the Offer of Dedication of Parcel “A”, as shown on that certain final map entitled “Subdivision No. 8402 Brentwood Park”, filed September 7, 2001, in Book 434 of Maps, at Page 1, Contra Costa County and hereby conveying whatever interest the City may have in said parcel to Pulte Homes. 

5. Approve Resolution No. 2648 authorizing the City Manager to execute Program Supplement Agreement No. 005-M to Administering Agency-State Agreement No. 04-5300 for reimbursement of project costs for the Brentwood Boulevard Curve Project, CIP Project No. 336-3100.

6. Approve the following appointments of to the City of Brentwood Youth Commission:
Ashley Brown 1-year appointment (re-appointment)
Brea Bryant 2-year appointment (re-appointment)
Megan DeGuerre 2-year appointment (new)
Crystal Hammers 2-year appointment (new)
Viridiana Ramirez 2-year appointment (new

7. Approve Resolution No. 2649 authorizing the City Manager to execute a Contract with Pacific Gas and Electric (PG&E) in an amount not to exceed $403,823.29 for the undergrounding of the existing 21 kV Overhead Distribution Power Line along Lone Tree Way Between Jeffrey Way and Fairview Avenue and approve change orders up to 15% of the contract amount for CIP Project No. 336-3127. 


8. Approve Resolution No. 2650 approving the Final Map of Subdivision No. 8537, Garin Ranch, Signature Properties, located south of Chestnut Street and east of Garin Parkway, accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same. 

9. Approve Resolution No. 2651 approving the Final Map of Subdivision No. 8424, William Lyon Homes, Inc., located north of Chestnut Street and east of Garin Parkway, accepting the improvements security, approving the Subdivision Improvement Agreement and authorizing the Mayor and the City Clerk to execute the same.

10. Approve Resolution No. 2652 awarding the Construction Contract for the New Police Facility Infrastructure, CIP Project No. 336-3110, to Top Grade Construction, Inc. and authorize the City Manager to execute the agreement and necessary documents in the amount of $1,434,530.10, and grant the City Manager authority to execute change orders up to 10% of the contract amount. 

11. Approve Resolution No. 2653 authorizing the City Manager to execute a Request for Proposal for the formal renewal process of AT&T Broadband‘s cable television license agreement and request the City Clerk to issue said Request for Proposal to AT&T Broadband. 

12. Approve Resolution No. 2654 accepting the construction of the Brentwood Education and Technology Center (BETC), CIP Project Number 336-3112, located at 101 Sand Creek Road, Suite B, and direct the City Clerk to file a Notice of Completion with the County Recorder.

13. Approve Resolution No. 2655 approving the Amended Final Map No. 8226 and accepting the offers of dedication in fee for the right-of-ways of Atherton Boulevard, Atherton Court, Atherton Place, Begonia Drive, Begonia Court, Maplewood Court, Dahlia Court, Dahlia Drive, Evergreen Court, Falcon Court, Gardenside Court, Hawthorn Court, Hawthorn Drive, Iris Court, Ascot Court, Ascot Place, Dover Court and O’Hara Avenue Widening; accepting the offers of dedication for the area designated as “Public Utility Easement” or “P.U.E.” for public use as shown on the Final Map; accepting all relinquished abutter’s rights and all interest in subsurface mineral and water rights as offered on the Final Map; accepting public improvements (water lines, sanitary sewer, storm drain, fiber optics and streets with all related public improvements) for maintenance; accepting the Subdivision Maintenance Bond and releasing the Subdivision Improvement Securities for Brentwood Park, Pulte Homes, Subdivision No. 8226, located north of Lone Tree Way and east of O’Hara Avenue. 

14. Waive the second reading and adopt Ordinance No. 714 to rezone a 0.91 acre site from R-3 (High Density Residential) to PD-50 (Planned Development 50) and add development standards for PD-50 for property located at the northwest corner of Sycamore Avenue and Barbara Street (APN 016-150-002)

15. Second reading and adoption of Ordinance No. 715 amending the Municipal Code by adding Chapter 15.68, Gas Shutoff Devices. 

16. Second reading and adoption of Ordinance No. 716 amending Chapter 17.880 of the Municipal Code (the Zoning Ordinance) relating to the time period for filing appeals of decisions by the Planning Commission, Zoning Administrator or other Administrative Officials, as well as a minor change in the manner in which appeals are scheduled for hearing. 

It was moved/seconded by Petrovich/Beckstrand to approve the Consent Calendar as recommended by staff. Motion carried unanimously.

PUBLIC HEARINGS

17. Consideration of a Resolution authorizing the City Manager to approve the amendments to the 2000 Urban Water Management Plan. 

Paul Zolfarelli, Director of Public Works, explained that The 2000 Urban Water Management Plan that was approved by Council in August, 2000, was submitted to the Department of Water Resources for review. They reviewed the plan and asked that changes be made. Staff made the requested amendments to the plan and after Council approval, staff will resubmit the plan to the Department of Water Resources to be finalized.


The Public Hearing was opened.

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

RESOLUTION NO. 2656

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER TO APPROVE THE AMENDMENTS TO THE 2000 URBAN WATER MANAGEMENT PLAN.

It was moved/seconded by Petrovich/Beckstrand to waive full reading and approve of Resolution No. 2656 authorizing the City Manager to approve the amendments to the 2000 Urban Water Management Plan. Motion passed by the following vote:

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

18. Consideration of an Ordinance approving an application from Paul Martin/William Currin for a Development Agreement concerning Tentative Subdivision Map No. 8281, generally located south of Lone Tree Way and west of Fairview Avenue.

Dennis Beougher, City Attorney, stated that the developer, Martin/Currin has asked for a Development Agreement for approximately five years to implement and lock in various approvals and to make sure that they can finance some infrastructure near the North West Quandrant. It has been reviewed by the Planning Commission and is recommended for Council approval. 

The Public Hearing was opened.

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

ORDINANCE NO. 717

AN ORDINANCE OF THE CITY OF BRENTWOOD CITY COUNCIL APPROVING THE DEVELOPMENT AGREEMENT FOR TENTATIVE SUBDIVISION MAP NO. 8281/MARTIN-CURRIN PROPERTY, LOCATED SOUTH OF LONE TREE WAY AND WEST OF REALIGNED FAIRVIEW AVENUE

It was moved/seconded by Hill/Petrovich that the first reading of Ordinance No. 717 be waived and the same be adopted as recommended by staff. Motion passed by the following vote:

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

19. Consideration of an Ordinance approving an amendment to Planned Development Zone No. 35 by adding development standards for Subarea “E” (Tentative Subdivision Map 8556), and a Resolution approving TSM 8556 with the density transition reduction.

Jeff Zilm, Associate Planner, explained that this proposed amendment to PD 35 to include a 28 Unit Subdivision (Sub Area “E”). It is on 10.63 acres giving it a density of 2.63 units per acre which is below the midrange density for this area of 3.00 units per acre. The proposed development standards are consistent with the development standards recently approved for other subidivisions in the area including: Mission Peak Homes, Martin/Currin, Pringle, Centex, and another Schuler Home Subdivision.

Schuler Homes is also requesting approval for an exception to the General Plan Density Transition Policy where proposed lots smaller than 20,000 square feet could abut one-acre lots or larger. Council recently gave approval for such exceptions provided the developer obtain consent from the adjacent property owners. Schuler Homes has received consent from all property owners but one. The property owner to the south, originally gave consent for the smaller lots and then ran into a problem concerning an access easement for the eight lots which abut his property and has rescinded his consent.

The Public Hearing was opened.

Schyam Chetal, Freemont resident, stated that he holds the option to the property at 1925 Apricot Way which is owned by Mr. Witmer. Mr. Chetal voiced concerns about the tentative maps drawn by Western Pacific Housing which show eight lots on his easement. Mr. Chetal stated that on June 11, 2002, Mr. Fletcher with Schuler Homes, made an offer of $250,000 for the easement, but never signed the agreement. Mr. Chetal further stated that he has called Mr. Fletcher several times to get a signed agreement and has had no response. Since he has not been able to come to an agreement with Western Pacific Housing for the use of his easement, Mr. Chetal wanted to go on record that he does not want Western Pacific Housing to use his easement until an agreement is signed.

Councilmember Petrovich asked Mr. Stevenson if there was an easement signed by anyone.

John Stevenson, City Manager, responded that to his understanding there is a tentative map showing the eight lots drawn on Mr. Chetal’s property and there is a condition on the subdivision that states they cannot record the map or build until they reach an agreement with Mr. Chetal.

Councilmember Petrovich stated that Council will not be able to approve the map without an agreement for the easement.

Councilmember Hill commented that there is value in that easement and it has to be resolved.

Georgia Olivera, Western Pacific Housing, spoke with Scott Hanks who is handling the land acquisition from Mr. Chetal. Ms. Olivera stated that Mr. Hanks has diligently tried to call Mr. Chetal and has received no response. Mrs. Olivera further stated that Mr. Chetal is asking $15,000 to $20,000 an acre more that people are getting in the general area. She pointed out their two options are to either re-map the subdivision or make the property owner happy.

Mayor McPoland stated that he felt the project was premature coming to Council until the agreement has been met or the maps have been redrawn.

It was moved/seconded by Gomes/Hill to continue the Public Hearing to September 24, 2002. Motion carried unanimously.


20. Consideration of an Ordinance amending Sections 10.13.210 and 10.13.220 of the Municipal Code concerning vehicle standing, stopping, and parking. 

Bailey Grewal, City Engineer, introduced the item stating that residents and business owners have requested on numerous occasions that staff find a solution to the inadequate parking downtown. After analyzing the downtown area, staff noticed that Liberty High School students utilize a considerable amount public parking. To improve this parking issue, the City and the School District shared construction cost and expanded the Liberty High School parking lot from 188 spaces to 345 spaces. The construction for this parking lot has been completed, and City staff has installed proper signs to restrict the parking in the downtown area however, high school students are still parking their vehicles in public spaces intended primarily for non-student use. 

John Stevenson, City Manager, stated that the previous code gave very specific time frames for parking and this revision gives us the flexibility to adjust them as necessary. 

The Public Hearing was opened.

Karen Rogge, Brentwood resident, asked what the parking hours would be, she expressed concern for adequate parking for the teachers and employees who have permits issued by the School District.

Mr. Grewal stated that parking would be allowed for City permitted cars.

Ms. Rogge responded that their permits are not issued by the City but by the School District. With the school issued permits, employees are allowed to park all day in the City designated two-hour parking area next to the Liberty High School fence.

Councilmember Hill commented that the School District cannot issue permits for public parking. Perhaps the School District and the Police Department need to get together and get permits issued, but he would be reluctant to have the City issue permits for every district employee that may want to park.

Mr. Grewal commented that there will be additional parking stalls at the school will be opened on the east side when the development is finished. 

Mr. Stevenson commented that the student lot is not full.

Ms. Rogge responded that employees are not allowed to park in the student lot.

Councilmember Hill advised Ms. Rogge that she would have to discuss the employee parking issues with her employer.

Councilmember Beckstrand stated that there are also other public parking places on Second Street that are not being utilized.

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

ORDINANCE NO. 718

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING SECTIONS 10.13.210 and 10.13.220 OF THE BRENTWOOD MUNICIPAL CODE CONCERNING STOPPING, STANDING, AND PARKING

It was moved/seconded by Hill/Petrovich that the first reading of Ordinance No. 718 be waived and the same be adopted as recommended by staff. Motion passed by the following vote:

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

21. Consideration of an Ordinance amending Chapter 14.01, Section 14.01.580 of the Municipal Code pertaining to delinquent accounts.

The Public Hearing was opened.

It was moved/seconded by Hill/Gomes to continue the Public Hearing to September 10, 2002 as recommended by staff. Motion carried unanimously. 

22. Consideration of an Ordinance amending the zoning for Planned Development 42 establishing development standards for Subarea D, generally located west of Brentwood Boulevard and south of Sand Creek Road. 

Debbie Hill, Assistant Planner, introduced the item explaining that the project area is designated in the General Plan as Special Planning Area "B". This special planning area divides the acreage into approximately 24% commercial, 49% business park and 27% medium density residential uses. The applicant, CP Management, would like to receive approval for the creation of specific development standards in order to move forward with residential development plans for the area identified as Subarea D of PD-42, which is proposed for a 120-unit town home project. The tentative subdivision map and design review for this project have been conditionally approved by the Planning Commission pending this zoning amendment approval by Council.

The Public Hearing was opened.

Karen Rogge, Brentwood resident, questioned the maximum building height of three stories and asked if we had previously done anything of that height. 

Mayor McPoland responded that there is a three story building very close to this project.

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

ORDINANCE NO. 719

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT ZONE NO. 42 BY ADDING DEVELOPMENT STANDARDS FOR SUBAREA D OF THIS PLANNED DEVELOPMENT GENERALLY LOCATED SOUTH OF SAND CREEK ROAD AND WEST OF BRENTWOOD BOULEVARD.

It was moved/seconded by Petrovich/Gomes that the first reading of Ordinance No. 719 be waived and the same be adopted as recommended by staff. Motion passed by the following vote:

AYES: Councilmembers Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
NOES:
ABSENT:
ABSTAIN:
OLD BUSINESS

23. Reconsideration of funding a joint-use project at Heritage High School for 50-meter pool/gymnasium. 

Craig Bronzan, Director of Parks and Recreation stated that on June 11, 2002 Council approved moving forward the parallel design work for the 25 and 50-meter pools as a joint-use project at Heritage High School. At the time of approval, the architect indicated that if the City could decide by August 2002 to fund the project, then the architects would be able to consolidate designs and one-half of the design fee will be credited back to the City against funding for the project making the cost to the City for the 50-meter pool $97,440. As a result, staff has brought this project back for your consideration to see if you wish to move forward with a funding commitment. A funding commitment at this time would result in a savings to the City of $111,360.

If City Council approves a funding commitment, staff is recommending that a formal agreement of guiding principles be developed between the City of Brentwood and LUHSD that would formalize the joint-use project. Staff believes the guiding principals provide LUHSD the framework to know that the City of Brentwood will pay for the joint-use project while making sure that no funded park projects in the approved CIP program are at risk. By sharing only “good year” revenue, it allows for City and the joint use projects to be added when the conservative estimate of revenue are exceeded.

Pamela Ehler, Director of Finance and Information Systems stated that as of today we have had 320 permits for the current year with an estimated 70 for the rest of the month making us well ahead of the 850 projected for this year. With the increase in the number of permits, our better than projected cash flow and the agreement the school was willing to work out with us, she comfortable that we have enough cushion to move forward with the project. 

Councilmember Hill thanked staff for their diligent work on the fiscal impact of the project and stated that the use of “good year” revenue removes his concerns that the projects we had committed to other user groups i.e. Sunset Park, etc. will still be built. 

It was moved/seconded by Beckstrand/Hill to approve funding a joint-use project at Heritage High School for 50-meter pool/gymnasium. Motion passed unanimously.

24. Consideration of a request for Planned Employment Center (PEC) Funds and a Deferred Fee Agreement from New Point Development, LLC, for business development located on Guthrie Lane in Harvest Business Park. 

Councilmember Hill and Mayor McPoland excused themselves from the dais due to conflicts of interest.

Howard Sword, Director of Economic Development, stated that Matt Ellison, New Point Development, LLC, is developing a 50,000 square foot three building office complex on Guthrie Lane in Harvest Business Park. The project owner will own a health club occupying one of the buildings and anticipates leasing the other two buildings. The project is consistent with the General Plan and Zoning Ordinance and the Planning Commission has approved a design review application for the site and one building. The approved building is the health club and has obtained the necessary conditional use approvals.


The following is a numerical evaluation of the project:

Manufacturing employment is a high priority 0 
R&D employment is a high priority 2 Office use may have some association
Average wage compensation of $12.00/hr. or higher per employee with benefits is a high priority 

3 Office use will have some of this level of compensation
Businesses that own their building will be given preference 2 
Businesses locating in the Downtown or other Redevelopment Areas will be given preference. 0 It is not in the RDA Project Area
Businesses with long-term building lease will be considered 
0 The pre-lease business does not qualify in the Jobs criteria

This project does not rank high in the numeric evaluation of criteria. However, the project does increase our very low inventory of space available for businesses to locate in Brentwood and would be a very nice addition to Harvest Business Park. It should also be noted that in the past three years, no new commercial/industrial projects have been constructed without some form of assistance from the City.

The Economic Development Sub-committee recommendation for assistance to this project was based on its job creation potential. This project is expected to produce approximately 155 jobs and the proposed PEC contribution of approximately $645 per jobs is substantially less than the $1,500 to $2,500 per job that was granted to the Precision Cabinet and the $2,126 per job granted to Purcell Brackets.

Councilmember Petrovich commented that Mayor McPoland, who was on the Economic Development Sub-committee did vote in favor of this project not knowing at the time that he had a conflict. Mayor McPoland did not do that intentionally, and since he has discovered he has a conflict, he has backed away from the project.

Councilmember Gomes commented that with the substantial growth we have in the City, the evaluation process we use is outdated. He stated that he was impressed by the number of potential jobs which will be created for the City. Councilmember Gomes further commented that if we were to give the project $100,000, he would like to see a timeline for the completion of construction for the buildings and he also questioned the statement in the staff report that there is no guarantee regarding the ultimate use or actual number of jobs that these buildings will produce.

Mr. Sword commented that with Precision Cabinets, which was the first business to receive the grant, has turned into an auditing challenge for the Finance Department. Mr. Sword stated that since these buildings will be occupied by rental tenants, he feels it would be difficult to ask them to hand over financial information to the City. He further stated that if the square footage is going to be there, he feels comfortable that the jobs will be there. The first of the three buildings will be completed quickly along with the site-work for the entire project. Mr. Sword will get a timeline for the other two buildings. 

Councilmember Gomes asked if Mr. Sword could return to Council with a Development Agreement that included this information.

Mr. Sword concurred that he would return to Council with a Development Agreement.

Councilmember Beckstrand stated that she would like to consider the PEC Funding Program and the Fee Deferral Program addressed as separate issues. The project did not score very high and there is not enough data available with regards to completion of the buildings or the ultimate use and actual number of jobs. She further stated that she would not be able to approve the agreement as it is. 

Councilmember Petrovich asked Councilmember Beckstrand if she would like New Point Development to bring back a Development Agreement with a timeline.

Councilmember Beckstrand responded that she thought that would be appropriate. 

Councilmember Gomes asked for a time line and include a range of the number of jobs that will be generated. It is not necessary to know detailed financial information however; Council would like to know how many jobs have been created.

Council directed staff to continue the item until such time that a Development Agreement with specific building completion timelines and job creation figures can be drafted.

NEW BUSINESS

25. Discussion concerning cancellation of the December 24, 2002 regular City Council meeting. 

It was moved/seconded by Petrovich/Gomes to cancel the December 24, 2002 meeting. Motion carried unanimously.

CITIZEN COMMENTS - none

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

Councilmember Petrovich reported that the Wheelchair Foundation Golf Tournament was a success raising approximately $160,000 and they plan on holding it again next year.

REQUESTS FOR FUTURE AGENDA ITEMS

Mayor McPoland requested a closed session meeting regarding Cowell Ranch.

Bill Hill requested that the Planning Department prepare an Ordinance for Council consideration requiring Subdivisions larger than 10 lots show the actual product on the lot at the time the map is processed. 

ADJOURNMENT

There being no further business the meeting was adjourned at 8:40 p.m.

Respectfully Submitted,



Cynthia Goulding
Deputy City Clerk

 

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