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CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
Minutes of October 8, 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, Hill, Mayor McPoland 
Absent: Councilmembers Gomes, Petrovich

PRESENTATIONS 

A. Proclamation Proclaiming October, 2002, as Domestic Violence Awareness Month.
Julie Mason representing Stand Against Domestic Violence, accepted the proclamation and gave an overview of the work her agency does in support of battered women and children. Ms. Mason thanked the City of Brentwood for their support.

B. Proclamation proclaiming October 13 through October 19, 2002, Teen Read Week. 
Leonard Rhodman representing Contra Costa County library announced a teen reading program the County is launching between October 14, 2002 and November 23, 2002.

C. New Employee Introductions and Oath of Allegiance.

The following new employees were introduced and administered the Oath of Allegiance:

Brian Kelleher, Accountant I Finance/IS
Wardria Manker, Administrative Assistant II Finance/IS
Rainbow Brown, Administrative Assistant II Public Works
Abel Ordaz, Public Works Maint Worker I Public Works
Chris Ziemann, Public Works Maint Worker I Public Works
Tom Haglund, Assistant City Manager Admin/Human Resources

D. Shepherd’s Gate and Signature Developers proposed battered women’s shelter.

Joe Zawitski representing Signature Homes gave a brief introduction of the Shepherd’s Gate organization and the preliminary elevations for Signature Developers proposed Bonnickson Women’s Crisis Center. The shelter is approximately 7,000 square feet and can accommodate 18 people.

Steve and Carla McCree representing Shepherd’s Gate, gave an overview of the faith-based organization who have helped over 6,800 homeless women and children since 1984, by providing a safe haven for them. The Bonnickson Women’s Crisis Center would target Brentwood residents. The services included in the 6-month program are counseling, medical, education, job readiness and basic life skill training. 

Councilmember Beckstrand commented that her experiences with Shepherd’s Gate over the years have always been very positive. Shepherd’s Gate are good neighbors to their surrounding community and have an incredible amount of community support. She added that when she first learned of the project she had some concern about which organization would be chosen as the service provider for the shelter and was relieved to find out it was Shepherd’s Gate.

Councilmember Hill commented that he has been familiar with Shepherd’s Gate since 1996. He concurred with Councilmember Beckstrand’s concern when the proposal was first posed to Council. When Signature properties identified Shepherd’s Gate as the operator of the shelter, his concerns were alleviated with regard to the quality of commitment and interaction with the surrounding community. 

Mayor McPoland thanked Signature Properties for generously providing the facility.

AGENDA REVIEW

Item 18 Move item from the Consent Calendar to New Business.

Item 25 Changes to Conditions of Approval 28 and 35. 

Item 27 Request to Continue.


CITIZEN COMMENTS 

Barbara Guise representing Tri-Delta transit gave an update on the rail study. The committee will be looking very closely at the e-Bart solution which will bring rail service all the way to Byron. 

CONSENT CALENDAR

1. Approved Minutes of September 10, 2002 and September 24, 2002. 

2. Approved Resolution No. 2682 authorizing the closure of certain streets and establishing temporary no parking restrictions and tow away zones in order to facilitate the 2002 Hometown Halloween to be held October 26, 2002. 

3. Approved Resolution No. 2683 authorizing temporary closure of Fairview Avenue to northbound traffic from San Jose Avenue to Apricot Way for Sand Creek Road (Central), CIP Project No. 336-3061.

4. Approvde Resolution No. 2684 approving a Memorandum of Understanding with Brentwood Ready Mix for the sale of a 2.5-acre site in the Sunset Industrial Complex. 

5. Approved Resolution No. 2685 awarding a construction contract to AA1 Services, Inc. for the Zone 1 Water Reservoir Coating Project, CIP Project No. 562-5602 in the amount of $335,000. 

6. Approved Resolution No. 2686 approving a contract for design services with Bellecci & Associates for the design of Shady Willow Lane and Amber Lane, for the Northwest Quadrant Project, CIP Project No. 336-3127. 

7. Approved Resolution No. 2687 approving an agreement for purchase of a fee parcel with Liberty Union High School District, for a portion of real property identified as APN 013-050-009, generally located at Brentwood Boulevard (Highway 4) and Second Street, for the Brentwood Boulevard Curve, CIP Project No. 336-3100. 

8. Approved Resolution No. 2688 approving an agreement for purchase of a fee parcel with Golden Hills Community Church, Inc., for a portion of real property identified as APN 019-032-007, 019-032-008 and 019-040-043, generally located on the south side of Lone Tree Way, west of Shady Willow Lane for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127. 

9. Set the date of Tuesday, October 22, 2002 at 6:00 p.m. for a joint workshop with Brentwood Youth Commission.

10. Approved a Resolution accepting public improvements for maintenance, accepting the Subdivision Maintenance Bond and releasing the Subdivision Performance and Payment Bonds for Subdivision No. 8170, Richmond American Homes, located south of San Jose Avenue and west of Fairview Avenue. Pulled for further discussion.

11. Approved Resolution No. 2689 accepting public improvements for maintenance, accepting the Subdivision Maintenance Bond and releasing the Subdivision Performance and Payment Bonds for Tuscany Unit #1, Beck Properties, Subdivision No. 7474, located south of San Jose Avenue and west of Fairview Avenue. 

12. Approved Resolution No. 2690 authorizing a Change Order with BFK Engineers Surveyors Planners in the amount of $34,400 and include 10% contingency for additional services for the New Police Facility, CIP Project No. 336-3110. 

13. Waived second reading and adopted Ordinance 722 amending the Municipal Code pertaining to funding limits for Agricultural Preservation Program Administration. 

14. Waive second reading and adopted an Ordinance 723 repealing Ordinance No. 709 concerning 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”. 

15. Approved Resolution No. 2691 amending budgets for the Women’s Club and Water Treatment Plant to provide for re-roofing. 

16. Approved Resolution No. 2692 authorizing the City Manager to execute a Change Order with Harris and Associates in the amount of $108,200 and include 10% contingency for additional services for Brentwood Boulevard Widening, CIP Project No. 336-3054. 

17. Approve a Resolution approving the Final Map of Subdivision No. 8416, Sunset Crossing, LLC (DeNova Homes), located east of Brentwood Boulevard and south of Sunset Road. Pulled for further discussion.

18. Approve a Resolution accepting the Public Works Master Plan and authorize the City Manager to solicit bids for the design and building of the facilities. Moved to New Business per Agenda Review.

19. Approved Resolution No. 2693 supporting Measure BB, General Obligation Bond Measure on the November 5, 2002 ballot to fund the BART earthquake retrofit program. 

20. Approved Resolution No. 2694 accepting the work performed by M.A.T. and Sons Construction for the landscape improvements of the Brentwood Family Aquatics Complex Parking lot, CIP Project No. 522-5202. 

It was moved/seconded by Beckstrand/Hill to approve Consent Calendar items 1 – 9, 11 – 16 and 19 and 20 as recommended by staff. Motion passed with Councilmembers Gomes and Petrovich absent.

Item 10 Approve a Resolution accepting public improvements for maintenance, accepting the Subdivision Maintenance Bond and releasing the Subdivision Performance and Payment Bonds for Subdivision No. 8170, Richmond American Homes, located south of San Jose Avenue and west of Fairview Avenue.

Mayor McPoland asked for clarification on the final outcome of the sidewalk issues related to this subdivision. 

Bailey Grewal, City Engineer, stated that the concrete and sidewalk issues have been resolved. 

John Stevenson, City Manager, concurred that staff has looked at all the conditions of approval. 

Councilmember Hill asked staff if they were confident that all the conditions of approval have been met to the fullest extent and there is no extenuating liability from those public comments and the conditions as they are met.

Bailey Grewal responded that he is confident that all the conditions of approval for the approved tentative map have been met. 

RESOLUTION NO. 2695

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ACCEPTING THE OFFERS OF DEDICATION IN FEE FOR STREETS RIGHT OF WAY, FOR ALL PARCELS AND EASEMENTS FOR PUBLIC USE AS SHOWN ON THE FINAL MAP, ACCEPTING THE PUBLIC IMPROVEMENTS (WATER, SANITARY SEWER, STORM DRAIN, FIBER OPTICS AND STREETS WITH ALL RELATED IMPROVEMENTS) FOR MAINTENANCE, ACCEPTING THE SUBDIVISION MAINTENANCE BONDS, AND RELEASING THE SUBDIVISION PERFORMANCE AND PAYMENT BONDS FOR SUBDIVISION NO. 8170, RICHMOND AMERICAN HOMES, LOCATED AT THE SOUTHWEST CORNER OF FAIRVIEW AVENUE AND SAN JOSE AVENUE 

It was moved/seconded by McPoland/Hill to waive full reading of Resolution No. 2695 and approve as recommended by staff. Motion passed by the following vote:

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

Item 17 Approve a Resolution approving the Final Map of Subdivision No. 8416, Sunset Crossing, LLC (DeNova Homes), located east of Brentwood Boulevard and south of Sunset Road. 

Councilmember Hill stated that he pulled this item so that it could be voted on separately. 

Councilmember Beckstrand commented that when this project initially began she and Councilmember Hill were concerned about traffic safety issues. That is part of the reason the conditions of approval were added that they would not be able to pull more than 50 of their initial building permits until the bridge was completed and the traffic signal roadway improvements were completed. She further stated that she feels that those things are well on their way and she would move to approve the item.

Mr. Grewal stated that the conditions of approval state that the bridge and road construction should start after the 26th permit and be completed prior to the 51st permit. 

Mayor McPoland stated that he has been watching the bridge construction and it looks to be ahead of schedule.

Mr. Grewal concurred.

Councilmember Hill stated that he was against the condition of approval at the time and did not feel there should be one occupancy issued until the bridge was completed. He feels the Subdivision should not be approved until the bridge construction is complete.



RESOLUTION NO. 2696

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE FINAL MAP OF SUBDIVISION NO. 8416, SUNSET CROSSING, LLC (DENOVA HOMES), LOCATED EAST OF BRENTWOOD BOULEVARD AND SOUTH OF SUNSET ROAD, ACCEPTING THE OFFERS OF DEDICATION SHOWN THEREON SUBJECT TO ACCEPTANCE OF IMPROVEMENTS, ACCEPTING THE IMPROVEMENT SECURITY, APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE SAME

It was moved/seconded by Beckstrand/McPoland to waive full reading of Resolution No. 2696 and approve as recommended by staff. Motion passed by the following vote:

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

PUBLIC HEARINGS

21. Consideration of a Resolution amending the City of Brentwood Master Fee Schedule Resolution No. 2366 to include fee for sale of clean water catch basin stencils with legend “No Dumping – Drains to Creek”. 

Bailey Grewal, City Engineer, explained that the intent and purpose of this amendment is to create a fee for the sale of thermoplastic stencils with the legend “No Dumping – Drains to Creek” to be installed in conjunction with construction of all new catch basins. This amount will be 1.28% times the City’s actual cost for the purchase of the stencils. The new fee at this time will be $16.00, an actual cost of $12.50 each plus a 28% mark-up equal to $3.50.

The Public Hearing was opened.

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

Mayor McPoland commented that it might be good idea to reference the fine on the catch basins to help discourage illegal dumping.

RESOLUTION NO. 2697

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING THE MASTER FEE SCHEDULE RESOLUTION NO. 2366 TO INCLUDE A FEE OF $16.00 EACH FOR THE SALE OF THERMOPLASTIC STENCILS WITH THE LEGEND “NO DUMPING – DRAINS TO CREEK”
It was moved/seconded by Hill/Beckstrand waive full reading of Resolution No. 2697 and approve as recommended by staff. Motion passed by the following vote:
AYES: Councilmembers Beckstrand, Hill, Mayor McPoland
NOES: None
ABSENT: Councilmembers Gomes, Petrovich
ABSTAIN: None

22. Consideration of a Resolution authorizing a grant application to the Bureau of Justice Administration (BJA) for a direct award of 11,041, with contributions of $1,227 in matching funds, for a total of $12,268, and to accept and expend these funds upon grant approval. 

Lt. Martinez, Police Department, explained that the Omnibus Fiscal Year 2002 Appropriations Act authorizes the Director of the Bureau of Justice Assistance (BJA) to make funds available to local government under the Local Law Enforcement Block Grants (LLEBG) Program for the purposes of reducing crime and improving public safety. Under this program, the City of Brentwood is eligible to apply for the BJA direct grant award in the amount of $11,041 with a matching contribution of $1,227, for a total grant amount of $12,268.

Funding parameters for this grant include acquisition of equipment, overtime for law enforcement, and establishment of crime prevention programs and training, which will enhance delivery of police services to our community. Included in this process is a mechanism for our community to assist identifying those programs that best suit our unique needs.

The Public Hearing was opened.

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

RESOLUTION NO. 2698

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE BUREAU OF JUSTICE ADMINISTRATION (BJA) FOR A DIRECT AWARD OF $11,041 WITH THE CITY OF BRENTWOOD OBLIGATED TO CONTRIBUTE $1,227 IN MATCHING FUNDS, FOR A TOTAL GRANT AMOUNT OF $12,268, AND TO ACCEPT AND EXPEND THE FUNDS UPON GRANT APPROVAL.

It was moved/seconded by Beckstrand/Hill to waive full reading of Resolution No. 2698 and approve as recommended by staff. Motion passed by the following vote:

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

23. Consideration of a Resolution authorizing the City of Brentwood to accept $100,000 from the State COPS program, through the Contra Costa Supplemental Law Enforcement Oversight Committee, in order to fund frontline law enforcement needs. 

Lt. Martinez, Police Department, explained that In 1996 AB 3229 was enacted as part of the State budget, which allowed cities to receive State monies for public safety “front lines operations.” The City has since received funding every year from the State, through the Contra Costa Supplemental Law Enforcement Oversight Committee. This year the City of Brentwood will receive $100,000 through the State COPS program. The Police Department anticipates a large portion of this available funding will be used for the augmentation of the Department’s current Traffic Division. This will focus on the implementation of a commercial enforcement segment, for which we have historically relied on limited assistance from the California Highway Patrol. 

Lt. Martinez stated that many of the large commercial vehicles traveling through town are doing so to avoid the scales on Interstate 580. This grant money will allow us to focus on the enforcement of those overweight vehicles and purchase portable scales. Our increased enforcement will hopefully redirect the overweight vehicles back onto interstate 580 and 680 where they will go through the scales. 

Councilmember Hill asked Lt. Martinez to go over the staffing for the project. 

Lt. Martinez commented that we plan on adding one additional position to the traffic safety unit bringing the number to three. The current plan is to rotate the three members on a 30-day basis to truck doing strictly commercial enforcement. 

The Public Hearing was opened.

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

Mayor McPoland recognized the serious issue we have with overweight vehicles speeding on Brentwood Boulevard and thanked the Police Department for their forward planning with regards to enforcement.

Councilmember Hill commented that he is in favor of the program but wants to make sure that the dedication does not stop when the grant money run out. He would like to see commercial enforcement implemented as part of the Police Departments strategy of providing a safer environment for our community. 

Lt. Martinez responded that the he and the Chief are committed to commercial enforcement.

Councilmember Hill also commented Lone Tree Way, Fairview and Balfour also have a lot of commercial traffic not adhering to the speed limits.

Lt. Martinez concurred and stated that commercial enforcement will also be enforced on those roadways.

Mayor McPoland commented that it has come to his attention that websites such as Mapquest and Yahoo are routing people through local neighborhoods. He has discussed the possibility of erecting “No Trucks Allowed” signs in the neighborhoods and possibly working with Map Quest, Yahoo, and other possible sites to correct the problem. 

RESOLUTION NO. 2698

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE ACCEPTANCE OF $100,000 FROM THE STATE CITIZENS OPTION FOR PUBLIC SAFETY (COPS) PROGRAM, AND TO EXPEND THE FUNDS FOR LAW ENFORCEMENT PURPOSES 

It was moved/seconded by Hill/Beckstrand to waive full reading of Resolution No. 2698 and approve as recommended by staff. Motion passed by the following vote:

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

24. Consideration of an appeal by Christine Iacovoni on behalf of Solano subdivision residents of Mission Peak, Amber Park, Design Review (DR 01-44) of 7 models to be constructed on 162 lots located within Tentative Subdivision Map 8470, at the southeast corner of Lone Tree Way and the future southerly extension of Empire Avenue. 

Debbie Hill, Assistant Planner, explained that on June 18, 2002, the Planning Commission approved a design review application for the design of 7 plans for single family homes ranging in size from 2,239 to 3,550 square feet to be located on 162 lots located within Tentative Subdivision Map 8470, known as Amber Park, to be developed by Mission Peak Homes. The Commission voted 3 - 2 to approve Design Review 01-44. 

On July 2, 2002, this approval was appealed by Christine Iacovoni on behalf of herself and some Solana subdivision residents. According to the appeal statement, there are several customer service issues within the Solano subdivision which have not been resolved to the homeowners' satisfaction. The appeal statement fails to mention any particular error or abuse of discretion by the Planning Commission in the consideration and action on the design review for the Amber Park subdivision, or where the Planning Commission's approval was not supported by the evidence on the record. The appeal is based solely on the lack of response by Mission Peak to private customer service complaints between the builder and homeowners. The appeal appears to be based on the desire to halt any further developments by Mission Peak until the customer service complaints with the Solana subdivision have been resolved. Staff is recommending that Council uphold the Planning Commission decision and deny the appeal.

Councilmember Hill asked if staff had met directly with any of the appellants to see if they had specific issues that might relate to the proposed Amber Park Development.

Mike Leana, Chief of Planning, stated that during the month of August staff members met with the residents of Solano and came to the conclusion that all of the items discussed had nothing to do with the current project. Most of the items were Public Works issues that had been resolved and the other issues were more of a cosmetic nature. There were no structural or safety issues that the City could get involved in. It is a private matter between the builder and the residents. 

Ms. Hill reiterated that there we no code violations at any of the homes visited.

At 8:40 p.m. Council recessed to a short break.

Council reconvened at 8:50 p.m.

The Public Hearing was opened.

Mayor McPoland acknowledged a speaker card from Rosie Rameriez who had to leave early.

Christine Iacovoni, appellant, stated that they are not filing the appeal based on dissatisfaction with customer service but because they feel they have been sold defective homes. Ms. Iacovoni feels that the Solano homeowners have been sold homes which are structurally unsafe and many have mold issues. She requested that the City assign a full time inspector to the Amber Park project so those homeowners will not have the same issue that the Solano homeowners are experiencing.

Ms. Iacovoni mistakenly thought that Councili had already acted on the item based on the attachments to the staff report she received. Councilmember Hill explained to her that Resolution attached to her staff report is a draft document based on staff recommendation and may be amended pending Council action.

Councilmember Hill asked Ms. Iacovoni if she could elaborate on specific defects in her home.

Ms. Iacovoni commented that she is currently in litigation with Mission Peaks and cannot speak to any specific defects with regard to her home.

Mayor McPoland explained that we are proactive in insuring that the developers are building quality homes but due to legislation, but once a map is approved, we are limited in scope as to what we can do between your project and future project.

Councilmember Hill commented to Ms. Iacovoni that we are in a difficult situation because she is asking us to do something illegal while at the same time she is exploring a legal challenge with Mission Peaks. He added that hopes her legal challenge is resolved and that she ends up with a higher quality product than she started with. Councilmember Hill went on to say that he hopes that Mission Peaks is hearing the message Council is sending this evening that it would be in their best interest to settle their differences with the homeowners because this will probably be their last opportunity to get anything in the City of Brentwood.

Ms. Iacovoni commented that per her sales contract with Mission Peaks, she was not allowed to bring anyone to the final inspection unless they were on the mortgage. She felt that if she had been allowed to bring an inspector with her, she would have discovered many of the problems ahead of time. Ms. Iacovoni asked the City if there was anything they could do to help change that stipulation.

Councilmember Hill replied that the contracts are part of the legal process through the Department of Real Estate and the City cannot control that aspect of the home buying process.

Donna Gutledge, Solano resident, commented that she has had no City inspectors in her home. She also stated that with regard to health and safety issues, she has mold in her home as do many of the other residents.

Councilmember Hill commented that the City would not pursue mold issues, it is not a tangible thing, there are many variables that could cause mold. 

Paul Kozachenko, attorney representing Mission Peaks Homes, addressed Council stating that Mission Peak is in support of the staff recommendation to deny the appeal. He further stated that Mission Peak has done what they can to address the concerns of the unhappy homeowners. The $12 million dollar lawsuit was filed before the warranty period for the homes was completed. Mission Peak has been trying to get the issues resolved through the court system but the homeowners have filed six continuances. He further stated that Mission Peak has been trying to inspect the homes for months but have been denied access. He concluded that Mission Peak takes its obligations very seriously and while these are unhappy homeowners there are also many happy homeowners in Solano.

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

Councilmember Beckstrand commented that she can understand the frustration of the homeowners in this situation. As a new home buyer in Brentwood, it was over six years before she got all the issues with her home resolved. She further stated that we are bound by the laws of the state and it is her belief that we do not have the ability to approve the appeal without breaking the laws of the state and putting the City and the residents of the City in compromise and in jeopardy.

Councilmember Hill and Mayor McPoland concurred.

CITY COUNCIL RESOLUTION NO. 2699

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD UPHOLDING THE PLANNING COMMISSION BY DENYING THE APPEAL OF MISSION PEAK'S AMBER PARK DESIGN REVIEW 01-44 FOR THE DESIGN OF 7 PLANS FOR SINGLE FAMILY HOMES RANGING IN SIZE FROM 2,239 TO 3,550 SQUARE FEET TO BE LOCATED ON 162 LOTS LOCATED WITHIN TENTATIVE SUBDIVISION MAP 8470. TE PROJECT IS GENERALLY LOCATED SOUTH OF LONE TREE WAY, WEST OF FAIRVIEW AVENUE, AND EAST OF THE SOUTHERLY EXTENSION OF EMPIRE AVENUE (APN 019-050-014, 019-050-030 THROUGH 019-050-033).

It was moved/seconded to waive full reading uphold the Planning Commission decision by denying the appeal and approving Resolution No. 2699 as recommended by staff. Motion passed by the following vote:

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

25. Consideration of a an Ordinance approving the Rezone (RZ 01-08) of approximately 46 acres from a combination of R-1-E and R-1-10 to PD-60 with the adoption of specific development standards for the project site, and a Resolution approving a tentative subdivision map (TSM 8546) subdividing the site into 99 single-family residential lots and two remainder parcels for existing residences, located generally at the southwest corner of Lone Tyree Way and the future O’Hara Ave. extension for Highland Partners Group, Inc./Kiper Development, Inc. Continued from September 24, 2002. (M. Oshinsky/E. Nolthenius).

Eric Nolthenius, Associate Planner, explained that Council originally considered the project at its meeting of September 10, 2002, but continued it to allow the Housing Sub-Committee an opportunity to discuss concerns regarding street improvements to O’Hara Avenue and Lone Tree Way. The Housing Subcommittee met on October 3, 2002 and the issues were resolved. 

Mr. Nolthenius also discussed two changes to the conditions of approval 28 and 35 per Agenda Review. The addition to condition 28 would include the construction of curb, gutter and sidewalk on O’Hara Avenue from the northerly boundary of the site all the way to Lone Tree Way. Condition 35 includes the various stub streets as far as the surrounding property owners being properly notified that those streets would eventually extend.

The Public Hearing was opened.

Dave Carlson, Carlson Barbee & Gibson, representing the applicants outlined the public improvements the developer will be providing. 

Councilmember Hill requested that the disclosure regarding the stub streets be included in the sales documents to inform future home buyers.

Mr. Carlson said that they would.

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

Councilmember Beckstrand commented that she had some concerns before and those have all been addressed by Mr. Carlson and Mr. Kiper have made themselves readily available to answer questions and she feels this is a product that we can feel comfortable with.

Mayor McPoland complimented staff on their efforts.

ORDINANCE NO. 724

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE REZONE (RZ 01-08) OF APPROXIMATELY 46 ACRES FROM A COMBINATION OF R-1-E AND R-1-10 TO PD-60 WITH THE ADOPTION OF SPECIFIC DEVELOPMENT STANDARDS FOR THE PROJECT SITE, LOCATED GENERALLY AT THE SOUTHWEST CORNER OF LONE TREE WAY AND THE FUTURE O'HARA AVENUE EXTENSION (APN'S 018-090-015, 017, AND 018).

RESOLUTION NO. 2695

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING TENTATIVE SUBDIVISION MAP NO. 8546 TO ALLOW THE SUBDIVISION OF A 46.64-ACRE SITE INTO 99 LOTS FOR SINGLE-FAMILY RESIDENTIAL USE AND 5 REMAINDER PARCELS, INCLUDING WITHOUT LIMITATION THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION, LOCATED GENERALLY AT THE SOUTHWEST CORNER OF LONE TREE WAY AND THE FUTURE O'HARA AVENUE EXTENSION (APN'S 018-090-015, 017, AND 018).


It was moved/seconded by Beckstrand/Hill to waive first reading and approve Ordinance No. 724 and waive full reading of Resolution No. 2695 as recommended by staff with the additions to conditions of approval 28 and 35 per Agenda Review and the addition of disclosure information pertaining to stub streets in sales documentation. Motion passed by the following vote:

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

NEW BUSINESS

Item 18 

Approve a Resolution accepting the Public Works’ Master Plan and direct the City Manager to deliver this Master Plan to architectural firms to bid on the project to design and build the facilities.

Paul Zolfarelli, Director of Public Works, presented the Master Plan for the City of Brentwood’s Corporation Yard and Public Works Facility. Mr. Zolfarelli commented that the reasons for the development of the Master Plan were two-fold. First, when he was hired by the City he was unable to find a Master Plan and secondly the Corporation yard site must be vacated by May 1, 2003 to make room for development through Christian Church Homes. We contracted with Maximus, Inc. to do a Public Works Facilities and Corporation Yard Master Plan to address issues for the relocation of the Corporation Yard from the 161 Sycamore site to a new site located adjacent to the Wastewater Treatment Plant. Some of the findings from the General Plan are:

• The current site, even if we could keep it, is not sufficient for current or future needs.
• The Parks Department has outgrown their space
• Fleet maintenance is located away from their support staff which causes less than efficient operation
• There are no locker rooms for female employees and the locker rooms for male employees are inadequate.
• Fleet maintenance is the area needing the most attention.

Mr. Zolfarelli stated that he swathe building of the new Corporation Yard as a three to five year project. Since the 161 Sycamore site must be vacated in May, 2003, an interim home is needed. He recommended that we locate on the property that we would ultimately build the final site on, relocating the portable trailer and build a 10,000 sq. ft. metal framed building to match the architecture of the Waste Water Treatment Plant which could later be used for a variety of things.

Mayor McPoland asked Mr. Zolfarelli if we have had any discussion with the County with regard to partnering on the project.

Mr. Zolfarelli replied that we have had discussion with both the County and the School District. The County is not really interested in partnering with us. The School District has some interest but it is not a priority for them. 

Councilmember Hill stated that he felt the project would be phased and it will probably take longer than 3-5 years. He appreciated the Fleet Maintenance portion of the report. We need to increase fleet operations, both and acquisition. He feels ewe are severely under leveraging our ability to more effectively maintain our vehicles as well as acquire them in a more professional fashion. 

Councilmember Beckstrand commented that she appreciated the report but feels we are not ready to build something like this for a few years. We have a limit on our facility fee funds and we have a lot to consider. Ms. Beckstrand said she would like to see some ideas from staff on how we can get them relocated by May 1, 2003 without over obligating ourselves.

John Stevenson, City Manager, commented that that information will come forward within the next month to six-weeks.

Mayor McPoland commented that he had reservations with regard to the Master Plan. He stated that he felt it was too ambitious. He recognizes that we need to move by May 1, 2003 and need the safest operations at the new facility. Mayor McPoland said that he felt a brainstorming session will help us come up with some interim solutions and a final Master Plan that will ultimately be economically viable.

Mayor McPoland suggested holding community workshops to discuss ideas for the moving forward with the facility.

Councilmember Hill commented that he felt the plan is very well done and should be accepted but did not want to move forward with the solicitation of bids.

Mayor McPoland concurred adding that we could then move forward with the workshops to discuss the ideas for the site plan.

Councilmember Beckstrand suggested that we accept the plan as a guideline as opposed to a hard and fast document allowing us to fine tune the site plan.

RESOLUTION NO. 2702

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ACCEPTING THE PUBLIC WORKS’ MASTER PLAN AS PREPARED BY MAXIMUS, INC. TO BE USED AS A GUIDELINE.

It was moved/seconded by Beckstrand/Hill to waive full reading and approve Resolution No. 2702 accepting the plan for the City of Brentwood’s Corporation Yard and Public Works Facility to be used as a guideline and directed staff to set up a workshop to discuss it at a future date. Motion passed by the following vote:

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

26. Consideration of a recommendation from Brentwood Arts Commission to establish a Poet Laureate. 

Craig Bronzan, Director of Parks and Recreation, introduced the item and turned the presentation over to Barbara Guise, Arts Commission member.

Ms. Guise stated that the Arts Commission would like to add another facet to the organization. A Poet Laureate is an individual designated to be a public advocate for the appreciation and advancement of literary arts, in particular, poetry. The Poet Laureate is responsible for increasing the public’s awareness of the benefits of poetry, as well as commemorating certain civic events through composing and reading poetry at inaugurations, dedications, etc. She further stated that the appointment would be a two-year term approved by the City Council. 

Councilmember Beckstrand stated that she felt this would be a good thing for the City. She further stated that another position we will hear of soon is a City Historian through the Arts Commission. She is in favor of both.

Councilmember Hill asked why, if membership boundaries for the Arts Commission is limited to City of Brentwood, are the boundaries specified for the Poet Laureate expanded to include the Liberty Union High School District. 

Mr. Bronzan, responded that the Arts Commission is currently reviewing their membership boundary requirements. The position of Poet Laureate would be tied closely with the school system and in addition to serving Liberty High School we would want that person to have affiliations with Freedom High School which is located outside the city limits.

After some Council discussion, it was decided that the boundary requirements for the Poet Laureate be as constituted in the Arts Commission requirements so that as the Arts Commission requirements change, so will the Poet Laureate requirements. It was also decided the dismissal of a Poet Laureate be a City Council decision not an Arts Commission decision.

It was moved/seconded by Beckstrand/Hill to approve the establishment of a Poet Laureate by the Brentwood Arts Commission with the change that the boundaries be as constituted with the Arts Commission boundaries and the dismissal be by the City Council. Motion passed with Councilmembers Gomes and Petrovich absent.

27. Discuss and provide direction concerning the Mid-range Policy Interpretation for Signature Homes TSM 8426, located at the southwest corner of Chestnut and Garin Parkway. Continued to October 22, 2002 per Agenda Review. 

CITIZEN COMMENTS - none

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS 

Mayor McPoland commented that Council needs to do a better job communicating with the public. He invited the press to attend Subcommittee meetings.

Councilmember Beckstrand reported on the Art Society raised over $7,000 at their first fundraiser. 

REQUESTS FOR FUTURE AGENDA ITEMS - none

ADJOURNMENT

There being no further business the meeting was adjourned at 10:15p.m.

Respectfully Submitted,




Cynthia Goulding
Deputy City Clerk

 

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