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Meeting Minutes

MINUTES
CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
October 22, 2002 

A regular meeting of the City Council of the City of Brentwood was called to order at 7:00p.m. in the Council Chambers located at 734 Third Street, with Mayor McPoland presiding.

Present: Councilmembers Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
Absent: None

The meeting adjourned to closed session at 7:00 p.m. pursuant to Government Code §54956.9(a) – l

CLOSED SESSION 
Public Employee Performance Evaluation pursuant to Government Code §54957.6: - Title: City Manager

Closed Session adjourned at 7:30 p.m.

The meeting reconvened in open session at 7:30 p.m. with no action to report.

PRESENTATIONS 
A. Proclamation proclaiming October, 2002, as National Breast Cancer Awareness month.
Mayor McPoland read the proclamation and directed staff to mail it to the recipient.

B. Update from representatives of the proposed John Muir Hospital project.

Representatives of the John Muir Mt. Diablo Health System gave an overview of the new John Muir facility tentatively scheduled to open summer 2004. Services include an ambulatory surgery center, Digital Imaging Center, CT, Mobil CAT Scan and Mobile MRI, Rehab Center, satellite lab, outpatient diagnostics and treatment. Initially the hours of operation will be 15 to 16 hours a day. 

Councilmember Hill asked how John Muir planned to pay for the facility. 

Jerry Klutsky, CFO of John Muir Mt. Diablo Health Systems, responded that the initial hospital commitment was to purchase the land, The Tasco Co. will be investing capital for the building and leasing spaces for doctors and lab facilities. 

Councilmember Hill commented that we currently have John Muir facilities in town and asked how they would classify what they currently offer to what they will be offering in the new facility.

John Muir representatives responded that the big change will be in the levels of specialty training in the doctors that are brought in.

Councilmember Hill asked John Muir to outline the timeline and delivery dates for medical services.

John Muir representatives responded that the building will be in place and the primary care component will be in place. The specialist will come as they see the demand and the equipment provided in the facility. 

Councilmember Hill commented on the lack of communication between John Muir and the Council.

The representative from John Muir assured Councilmember Hill that they would keep Council informed of their progress in the future.



AGENDA REVIEW

Item 7 Approve additional information. (B. Grewal/S. Peiris)

Item 31 Pulled per staff request. (H. Sword)

Item 35 Approve amended contract. (P. Zolfarelli)

Mayor McPoland requested that Item 30 be moved immediately following the Consent Calendar to accommodate the presenters. 

It was moved/seconded by McPoland/Hill to move item 30 immediately following the Consent Calendar. Motion passed unanimously.

CITIZEN’S COMMENTS

Curtis Timmons, Pittsburg resident, encouraged Council to consider forming a City Human Relations Commission or to contract for those services with the County City Human Relations Commission, to serve the needs of the community.

CONSENT CALENDAR

1. Approve Minutes of October 8, 2002. Pulled for further discussion.

2. Approved amendment to the City Council Meeting Minutes of August 13, 2002. 

3. Rejected claim presented by Megan Casey. 

4. Rejected claim presented by William R. Ingleman. 

5. Rejected claim presented by Reginald Spencer. 

6. Approved Resolution No. 2703 authorizing temporary closure of Linden Avenue to through traffic at the Sand Creek Road intersection for Sand Creek Road (Central), CIP Project No. 336-3061. 

7. Approve a resolution awarding the Construction Contract for the Pavement Management Program 2002-03, CIP Project No. 336-3083. Pulled for further discussion.

8. Approve a professional services agreement, not to exceed $41,500, for Sam Driggers to prepare a Brentwood Manufacturing Attraction Strategic Plan. Pulled for further discussion.

9. Approve a Resolution approving a Purchase Agreement with Horace and Norrine Siino for a portion of real property, generally located on the west side of Fairview Avenue between Grant Street and Lone Tree Way, for the Northwest Quadrant Infrastructure (Fairview Realignment), CIP Project No. 336-3127. Pulled for further discussion.

10. Approved Resolution No. 2704 approving a Purchase Agreement with Brenda Bonninghoff, for a portion of real property, generally located on the west side of Fairview Avenue between Grant Street and Lone Tree Way for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127 (Fairview Realignment). 


11. Approved Resolution No. 2705 approving a Purchase Agreement with Donald and Karen Hardee for a portion of real property, generally located on the west side of Fairview Avenue between Grant Street and Lone Tree Way for the Northwest Quadrant Infrastructure, CIP Project No. 336-3127. (Fairview Realignment). 

12. Approved Resolution No. 2706 authorizing the Mayor or City Manager and City Clerk or any of their designees to execute the necessary Easement Deeds to Pacific Gas and Electric Co. (PG&E) for the 60kV Transmission Pole Line relocation along Sunset Road for the Sunset Industrial Complex, CIP Project No. 336-3128. 

13. Approved Resolution No. 2707 approving an agreement for purchase of a fee parcel with Jim Estenson and Becky Estenson, for a portion of real property identified as APN 018-180-010, generally located on the west side of Brentwood Boulevard between Grant Street and Gregory Lane for the Brentwood Boulevard/Lone Tree Way Wastewater Project, CIP Project No. 592-5910. 

14. Approved Resolution No. 2708 approving Annexation #1 Boundary Map for the Community Facilities District No.2 (CFD No. 2) and approved Resolution No. 2709 of Intention to annex territory to Community Facilities District No. 2, levy a special tax in such territory and set a date of December 10, 2002 at 7:30 p.m. for the public hearing. 

15. Approve a Professional Services Agreement with Berryman and Henigar for the Apple Hill Trail connection under Apple Hill Drive Bridge and gabion drop structure for Contra Costa County Flood Control. Pulled for further discussion.

16. Approved Resolution No. 2710 accepting Parcel #2 (West Park) for maintenance, located in Subdivision No. 8323, Brookfield Homes, located north of Balfour Road and east of the west City Limit line. 

17. Approved Resolution No. 2711 accepting Parcels "A "and "B" (parks) and Parcel "C" (open space) for maintenance, located in Subdivision No. 8322, Brentwood Lakes Unit #6, Brookfield Homes, located north of Balfour Road and west of West Country Club Road. 

18. Approved Resolution No. 2712 accepting Parcel "A" - Park for maintenance, located in Subdivision No. 8210, Brentwood Lakes Unit #4, Brookfield Homes, located north of Balfour Road and east of East Country Club Drive. 

19. Approved Resolution No. 2713 accepting the work performed by Irish Construction for the installation of fiber conduit and vaults on the south side of Maple Street as a part of the communication link to support the new Police Facility Project, CIP Project No. 336-3110, and direct the City Clerk to file a Notice of Completion with the County Recorder. 

20. Approve a Preliminary Budget for the Brentwood Agricultural Land Trust. Pulled for further discussion.

21. Waived second reading and adopted of Ordinance No. 724 approving the Rezone (RZ 01-08) of approximately 46 acres from a combination of R-E-1 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. 

22. Approved Resolution No. 2714 approving the Final Map of Deer Ridge Country Club, Village B-3, KB Home, Subdivision No. 8482, located south of Balfour Road and west of Saint Andrew Drive, accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same. 

23. Approved Resolution No. 2715 approving the Final Map of Deer Ridge Country Club, Village C, KB Home, Subdivision No. 8483, located south of Balfour Road and east of Saint Andrews Drive, accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same. 

24. Approved Resolution No. 2716 approving the Final Map of Deer Ridge Country Club, Village A, KB Home, Subdivision No. 8253, located south of Balfour Road and east of Mountain View Drive, accepting the improvement security, approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute the same. 

24A. Approved request a 30-day continuance from October 28, 2002 to November 27, 2002 to receive Request for Proposals concerning Cable Television Franchise. 

It was moved/seconded by Gomes/Hill to approve Consent Calendar items 2-6, 10-14, 16-19 and 21-37 as recommended by staff. Motion passed unanimously.

Item 1 Approve Minutes of October 8, 2002.

It was moved/seconded by Hill/Beckstrand to approve the minutes of October 8, 2002 as submitted. Motion carried with Councilmembers Gomes and Petrovich abstaining. 

Item 7 Approve a resolution awarding the Construction Contract for the Pavement Management Program 2002-03, CIP Project No. 336-3083.

Mayor McPoland asked City Engineer Bailey Grewal to provide an overview of the road work scheduled to be done during the 2002-03 Pavement Management Program.

Mr. Grewal displayed a map of the project area and detailed the roads scheduled to be repaired. Among the roads schedule for repair this year are Balfour Road, Central Blvd. and Walnut Blvd.

Councilmember Beckstrand stated that she felt there were some safety issues with regards to residential access located along Walnut Blvd. and asked Mr. Grewal if there were any plans to make it safer.

Mr. Grewal responded affirmatively.

RESOLUTION NO. 2717

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AWARDING THE CONSTRUCTION CONTRACT TO REDGWICK CONSTRUCTION CO. FOR THE 2002/2003 PAVEMENT MANAGEMENT PROGRAM PROJECT, CIP PROJECT NO. 336-3083 (02/03), GRANTING THE CITY MANAGER AUTHORITY TO EXECUTE THE AGREEMENT IN THE AMOUNT OF $487,545.10, AND CHANGE ORDERS UP TO 10% OF THE CONTRACT AMOUNT.

It was moved/seconded by McPoland/Hill to waive full reading and approve Resolution No. 2717 as recommended by staff. Motion passed by the following vote:

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

Item 8 Approve a professional services agreement, not to exceed $41,500, for Sam Driggers to prepare a Brentwood Manufacturing Attraction Strategic Plan.

Councilmember Petrovich asked for an explanation of the item.

Howard Sword, Director of Economic Development explained that the scope of work contained in the recommended contract will accomplish the following objectives:

• Provide a strategic plan to interest, recruit and site manufacturing firms in Brentwood.
• Increase awareness within the Bay Area manufacturing community as to the cost competitiveness and other advantages of a Brentwood location.
• Provide tools for accomplishing this mission.

Mr. Sword further stated that $25,000 of this contract will be charged to our $100,000 Inter-Regional Partnership Grant for Business Attraction. The remaining $16,500 will be charged to the Economic Development Contractual Services Fund.

Councilmember Beckstrand asked if this issue had been presented to the Economic Development Subcommittee.

Councilmember Hill responded that the concept has been before the Economic Development Subcommittee. The detail of the grant was discussed by the subcommittee and this was one of the action items included in the grant.

Councilmember Petrovich commented that he felt this was not necessary.

Councilmember Gomes commented that feels this is a step in the right direction. He feels the City needs to attract more manufacturing businesses based on the number of jobs they create.

It was moved/seconded by Hill/Gomes to approve Item 8 as recommended by staff. Motion carried with Councilmember Petrovich voting no. 

Item 9 Approve a Resolution approving a Purchase Agreement with Horace and Norrine Siino for a portion of real property, generally located on the west side of Fairview Avenue between Grant Street and Lone Tree Way, for the Northwest Quadrant Infrastructure (Fairview Realignment), CIP Project No. 336-3127.

Councilmember Beckstrand asked if additional right-of-way at the intersection on Fairview just south of Lone Tree Way might address some of the acceleration lane issues for people coming out of the proposed shopping center who want to travel south on Fairview and help encourage them to use that exit as opposed to Fairview Court.

Bailey Grewal, City Engineer, responded that the road will be posted 25 mph and they do not anticipate the need for an additional lane to merge into the through traffic. 

John Stevenson, City Manager, also stated that the road has been reconfigured slightly at the location where the shopping center exits the southbound lane has been widened slightly at that point. The engineers working on the project did not feel any additional widening was necessary.

RESOLUTION NO. 2718

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AGREEMENT FOR PURCHASE OF A FEE PARCEL WITH HORACE J. SIINO AND NORRINE A. SIINO, HIS WIFE, AS JOINT TENANTS, FOR A PORTION OF REAL PROPERTY IDENTIFIED AS APN 019-060-0248, 019-060-050 & 019-060-051, GENERALLY LOCATED ON THE WEST SIDE OF FAIRVIEW AVENUE BETWEEN GRANT STREET AND LONE TREE WAY, 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 PURCHASE AGREEMENT, AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION INCLUDING ACCEPTANCE OF THE DEED.

It was moved/seconded by Gomes/Hill to waive full reading and approve Resolution No. 2718 as recommended by staff. Motion passed by the following vote:

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

Item 15 Approve a Professional Services Agreement with Berryman and Henigar for the Apple Hill Trail connection under Apple Hill Drive Bridge and gabion drop structure for Contra Costa County Flood Control.

Craig Bronzan, Director of Parks and Recreation, recapped the project history. 

Councilmember Petrovich asked if Staff obtained competitive bids for the project and commented that he felt the bids should be included as part of the staff report.

Ken DeSilva confirmed that we did receive three bids last year although the scope of work has now changed slightly.

Councilmember Beckstrand asked if this work was a condition of approval.

Dennis Beougher, City Attorney responded that it was.

Councilmember Petrovich asked for confirmation that Blackhawk/Nunn would be paying for the project.

Pamela Ehler, Director of Finance and Information Systems, responded that the City has a letter on file stating that Blackhawk/Nunn will either do the work and pay for it themselves or the City will take the money out of their reimbursement agreement.

Councilmember Gomes stated that the staff report says the City’s portion of funding for this project is $77,396 for the Deer Creek Channel Modifications & Trail Extension, and ask for confirmation that the City’s portion will be reimbursed.

Mr. DeSilva responded that he was not sure of the revenue source.

It was moved/seconded by Petrovich/Beckstrand to continue Item 15 to November 8, 2002, to allow staff to clarify funding for the project. Motion carried unanimously.

Item 20 Approve a Preliminary Budget for the Brentwood Agricultural Land Trust.

It was moved seconded by Gomes/Beckstrand to approve Item 20 as recommended by staff. Motion carried with Councilmembers Hill and Petrovich voting no.

Item 30 Consider of use of City-owned property at corner of Sycamore Avenue and Sycamore Court for future Village Community Resource Center. 

Craig Bronzan, Director of Park and Recreation, introduced the item explaining that the current facility for the Village Drive Resource Center is no longer adequate to fit the needs of the community. The Village Drive Board of Directors has identified a detention basin at the corner of Sycamore Avenue and Sycamore Court for a new Village Community Resource Center. If Council will reserve future use of the property, when the detention basin is no longer necessary, for a new Village Community Resource Center, staff can begin to move forward with raising funds and securing grants to try to expand social services with a building at that site.

Leo Chavez, Chairman of the Village Drive Resource Board, addressed Council regarding the overcrowded conditions and lack of space at the current facility. He further stated that there are children currently being turned away due to lack of space and requested that Council grant the Village Drive Resource Center an opportunity to expand their services by allowing them the use of the property on the corner of Sycamore Avenue and Sycamore Court. 

Bertha Ruiz also representing the Village Drive Resource Board, outlined the services provided at the facility and commented that the need for expanded services is great. Ms. Ruiz urged Council for their support.

Mayor McPoland asked how large a facility could be built on that two-acre site with adequate parking. 

Mike Leanna, Chief Planner, commented that a one-acre parcel can support a 3,000 square foot building.

Mayor McPoland commented that he has been talking to the County Administrator regarding a new health care facility and perhaps a partnership could be formed among several entities to build a new facility to accommodate all the care services.

Councilmember Gomes concurred that the current facility is too small.

It was moved/seconded by Beckstrand/Gomes to direct staff to investigate options for funding a new facility for the Village Drive Resource Center on the corner of Sycamore Avenue and Sycamore Court including the possibility of partnering with County to include a new health care facility on the same site. Motion carried unanimously.

Council recessed to break at 8:50 p.m.

Council convened at 9:00 p.m.

PUBLIC HEARINGS

25. Approve a Resolution approving the adoption of the Benefit District Formation Agreement for Benefit District No. 4 with Lafferty Homes. 

Brian Bornstein, Associate Engineer, stated that in April 1997, Lafferty Homes was conditioned to construct certain Chestnut Street Sub-Master Planned Facility Improvements for sewer collection as part of the approval process for their project. Sub-Master Plan Improvements are the portion of improvements that are the owner’s obligation to construct without reimbursement from the City, yet which benefit properties in the vicinity of the project that will in the future develop. The City bears no obligation for the cost of the improvements, but by the proposed agreement agrees to use it’s best efforts to impose the pro-rata share of the Sub-Master Plan Improvement costs as a Development Fee to be paid by the benefiting properties as they develop. 

The Public Hearing was opened.

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

RESOLUTION NO. 2719

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING BENEFIT DISTRICT NO. 4 TO ESTABLISH A DEVELOPMENT FEE IN ORDER TO OFFSET THE COSTS FOR CERTAIN SUB-MASTER PLAN IMPROVEMENTS BETWEEN THE DEVELOPER WHO CONSTRUCTED THE IMPROVEMENTS AND ADJACENT PROPERTIES WHICH BENEFIT FROM THE IMPROVEMENTS; AND AUTHORIZING THE CITY MANAGER TO SIGN THE BENEFIT DISTRICT FORMATION AGREEMENT WITH LAFFERTY HOMES. 

It was moved/seconded by Petrovich/Beckstrand to waive full reading of Resolution No. 2719 and approve as recommended by staff. Motion passed by the following vote:

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

26. Consideration of an Ordinance amending Planned Development No. 35 development standards for Subarea “E” (TSM 8556) within PD-35 and approve a Resolution approving Tentative Subdivision Map No. 8556 with the density transition reduction, for the property located west of Fairview Avenue, south of Apricot Way and north of Sand Creek. 

Jeff Zilm, Senior Planner, explained that this proposed development is for 28 units on 10.63 acres giving it a density of 2.63 units per acre. Schuler Homes would like to amend the PD standards to include Subarea “E” in with the existing subareas for PD-35. These proposed development standards are consistent with the development standards that were approved for Mission Peak Homes and Currin-Martin Development both having residential developments within PD-35. This change in the density transition policy requires that the applicant obtain written authorization from all adjacent property owners stating that they are aware there will be smaller lots abutting their property and that they are or are not in favor of it. The applicant has done this by obtaining letters of approval from the adjacent property owners on the east and west of the project site. Schuler Homes has been working with the property owner to the south to obtain a letter consenting to the 8,000 sq. ft. lots that would abut the property to the south. 

Schuler Homes has decided to revise the tentative subdivision map in order to keep the 30-foot easement in place and still provide lots that would meet the minimum lot size of 8,000 sq. ft. This easement would be recorded on the final map and individual lot owners would be notified that this property would be part of their overall property. A condition of approval for Schuler Homes is that they will have to vacate the easement when the vacant property to the south develops. At that time, the fence line for the affected property owners will be moved to the rear of the vacated easement resulting in an increase in their lot size.

Mayor McPoland asked Mr. Zilm about Condition 35 concerning the requirements for the recordation of the final map.

Mr. Zilm responded that Condition 35 states that prior to the recordation of the final map, the easement needs to be vacated and an agreement reached between Schuler Homes and the property owner to the south. Mr. Zilm further stated that he has been working with the City Engineer, Bailey Grewal, on an addition to Condition 35 which Council may want to consider. Condition 35 currently states:

“Prior to recordation of the final map applicant shall work with the southerly property owner to vacate the 30-foot easement located along the westerly property line of the Tentative Map No. 8556 and the property to the south to the satisfaction of the engineer.”

The added wording will read “OR the developer shall deposit money in an escrow account for the relocation of the back and side yard fences for lot numbers 1 and 21–27. This money shall be available to these property owners when the private easement access to their property is Quit Claimed and the property owners relocate the fence to the satisfaction of the Community Development Director”.

Mr. Zilm explained that this would give Schuler Homes another option if an agreement to vacate the easement cannot be reached.

The Public Hearing was opened.

Vince Fletcher, representing Schuler Homes, stated that they have done everything possible to try to come to an agreement with Mr. Chetal, the representative of the property owner to the south. He further stated that Schuler Homes feels it is now a City Council decision. Mr. Fletcher asked for confirmation that they would be able to record the final map if they placed a designated sum of money in an escrow account.

John Stevenson, City Manager, responded that with the proposed change in Condition 35 language that is correct.

Mr. Fletcher stated that Schuler Homes would support and accept that condition.

Councilmember Hill commented that he wanted assurance that at the time the fence is moved, the old fencing material would be taken down and removed and a brand new fence installed.

Mr. Fletcher confirmed that would be the case.

Councilmember Petrovich said that it would have to be a mandatory condition in the sales contract that the property owner must accept the land when the easement is vacated.

Mr. Fletcher confirmed that would be disclosed in the sales documents.

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

RESOLUTION NO. 2720

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING TENTATIVE SUBDIVISION MAP NO. 8556, INCLUDING WITHOUT LIMITATION THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR THE SUBDIVISION OF 10.63 ACRES INTO A TOTAL OF 28 SINGLE-FAMILY RESIDENTIAL LOTS, LOCATED WEST OF FAIRVIEW AVENUE, SOUTH OF APRICOT WAY AND NORTH OF SAND CREEK.

ORDINANCE NO. 725

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT ZONE NO. 35 BY ADDING DEVELOPMENT STANDARDS FOR SUBAREA “E” WITHIN PD-35 LOCATED WEST OF FAIRVIEW AVENUE, SOUTH OF APRICOT WAY AND NORTH OF SAND CREEK.

It was moved/seconded by Hill/Petrovich to waive full reading of Resolution No. 2720 and waive first reading of Ordinance No. 725 and approve as recommended by staff with the addition of the Condition of Approval that that the developer will place sufficient funds in an escrow account, prior to the recordation of the final map, that would provide for access and development of a new fence, using new materials, to the rear and side of the properties known as Lots No. 1 and 21 – 27 on the westerly side of the property boundary. Motion passed by the following vote:

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

27. Approve a Resolution granting an allocation for 177 dwelling units to Signature Properties and approve a Resolution granting an allocation for 48 dwelling units to Terra Nova Development allowing both projects to exceed the mid-range density allowed under the General. 

Winston Rhodes, Senior Planner, explained that two applications were submitted to be considered during the fourth cycle of the RGMP, as follows:

1) A request by Signature Properties for the allocation of 177 dwelling units located on the north side of Sycamore Avenue, just east of Windsor Way. The proposed project is located on approximately 53.3 acres and has a Low Density Residential General Plan designation with a mid-range density of 3.0 dwelling units / acre or 160 dwelling units. The proposed project includes 177 single–family dwellings plus the shelter or 17 dwellings over mid-range. The project was awarded 110 points by the RGMP Committee. Special noteworthy project features include the provision of a woman’s shelter to help homeless and/or battered women and children, a 3.7-acre neighborhood park and generous pedestrian corridors. 

2) A request by Terra Nova Development (Project 2) for the allocation of 48 dwelling units located at the northwest corner of Oak Street and Garin Parkway, east of Liberty High School. The proposed project is located on approximately 3.3 acres and has a High Density Residential General Plan designation with a mid-range density of 15.5 dwelling units / acre or 51 dwelling units. The proposed project includes 80 senior apartments with 32 units proposed to have affordability controls. The project was awarded 140 points by the RGMP Committee. Special noteworthy project features include the provision of apartments for seniors, affordable units, a recreation building and pool for project tenants. 

The Public Hearing was opened.

Joe Zawidski, Signature Properties, stated that he was in support of staff recommendation and offered to answer any questions Council may have.

Chris Falleriat, Terra Nova Development, also stated that he was in support of staff recommendation and asked Council if they had any question.

Jan Melloni, resident, stated that from a homeowner’s perspective, she did not feel she would want to have a battered women’s shelter in her neighborhood and asked why one was being allowed.

Mayor McPoland responded that there was a definite need for a shelter for homeless women in Brentwood. He further commented that the home would not be immediately surrounded by or integrated into the neighborhood. It will be on a large lot and separated from the rest of the neighborhood. Mayor McPoland further commented that in addition to living space, the project will have an educational component as well as a day care center. Shepherd’s Gate were selected among three applicants to be the service provider for the facility.

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 she had concerns about how to do a facility like this and have it be an amenity and not a detraction and Shepherd’s Gate is the only organization that she is familiar with that we can be proud to have in Brentwood. 

Councilmember Hill commented that the shelter would be build with the subdivision but the accesses would be separate from the subdivision. 

Ana Gutteriez, resident, commented that she was glad to see a much needed women’s shelter coming to Brentwood, but expressed concern that the creation of an affordable housing subdivision with a battered and homeless women’s shelter in north Brentwood might provide an image to that side of Brentwood which already has negative aspects associated with it.


Councilmember Hill responded that he would not consider the subdivision an affordable housing development but rather much like the extension to Garin Ranch. When staff mentioned the affordable housing aspect of the development they were referring to the 18 beds in the homeless shelter. The overall project will be a market rate project.

Laine Lawrence, resident, expressed concern that the shelter is very public and everyone knows where it is located. She felt that might be a danger to the women and children who live there. 

Mayor McPoland commented that it is a shelter for homeless women not necessarily battered women. He further stated that the Shepherd’s Gate project in Livermore does accept battered women and although their location is well known they have never had a problem.

Ms. Lawrence also expressed concern with the density on Terra Nova project. She has not heard any comments on the circulation issues and traffic levels. 

Mayor McPoland responded that this is a preliminary step and the project still has to go before the Planning Commission where those issues will be addressed. 

Rose Pierce, resident, commented that she deals often with battered women and no one will take them in. She has a very difficult time finding help for them. 

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

Councilmember Petrovich commented that he is in favor of Shepherd’s Gate but feels it is not in a good location.

RESOLUTION NO. 2721

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD GRANTING A 17- UNIT DENSITY BONUS AND AN ALLOCATION FOR 177 DWELLING UNITS TO SIGNATURE PROPERTIES IN ACCORDANCE WITH ITS APPLICATION SUBMITTED FOR THE RESIDENTIAL GROWTH MANAGEMENT PROGRAM (RGMP) FOR THE CYCLE ENDING JULY 30, 2002.

RESOLUTION NO. 2722

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD GRANTING A 51-UNIT DENSITY BONUS AND AN ALLOCATION FOR 48 DWELLING UNITS TO TERRA NOVA DEVELOPMENT IN ACCORDANCE WITH ITS APPLICATION SUBMITTED FOR THE RESIDENTIAL GROWTH MANAGEMENT PROGRAM (RGMP) FOR THE CYCLE ENDING JULY 30, 2002.

It was moved/seconded by Gomes/Beckstrand to waive full reading of Resolution No. 2721 and Resolution No. 2722 and approve as recommended by staff. Motion passed by the following vote:

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

28. Consideration of an Ordinance amending PD-35 establishing development standards for an approximate 81-acre site and a Tentative Subdivision Map (TSM 8603) subdividing the site into 220 single-family residential lots and three remainder parcels for existing residences, located at the southeast corner of the future Grant Street extension and the future Shady Willow Lane extension and approve a Resolution approving TSM 8603 and an exception to the density transition policy, and approving the Mitigated Negative Declaration for the project. 

Erik Nolthenius, Associate Planner, stated that staff believes that the requested amendment to PD-35 and tentative subdivision map will allow the applicants to develop the site to its potential while maintaining consistency with the General Plan designation of the site and ensuring compatibility with existing and future land uses in the vicinity of the site. The Planning Commission and Staff believe that approval of the requested entitlements would serve to implement the goals and policies of the General Plan by facilitating development of the project site and will not adversely impact the development of adjacent parcels. 

Bill Maven, representing Meritage Homes, thanked staff for the efforts on the project. Mr. Maven gave a brief overview of the infrastructure improvement planned for the subdivision including a bridge, traffic signalization, new roadways, drainage/sewer system improvements, trails, parks and preservation efforts at the creek side. 

Mayor McPoland asked if all the conditions had been set up in accordance with the discussions he had with Meritage Homes.

John Stevenson, City Manager, confirmed they had. 

The Public Hearing was opened.

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

Karen Rogge, resident, asked when the project would begin, what the timeframe is for the infrastructure improvements, and the location of the new fire station.

John Stevenson responded that that the timing of the project is listed in the conditions of approval, the projected location of the fire station is on the west side of Shady Willow and the north side of Grant.

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

Councilmember Beckstrand stated that she was satisfied that we had addressed all the time line issues and any loopholes for potential delays.

Councilmember Gomes commented that he was impressed by the amount of infrastructre the developer would be constructing.
ORDINANCE NO. 726

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE AMENDMENT TO PD-35 BY ADDING DEVELOPMENT STANDARDS FOR SUBAREA "G", AN APPROXIMATE 81-ACRE SITE, LOCATED AT THE SOUTHEAST CORNER OF THE FUTURE GRANT STREET EXTENSION AND THE FUTURE SHADY WILLOW LANE EXTENSION (APN'S 019-091-003, 007, 008, 033, AND 019-092-022, 023, AND 025)

RESOLUTION NO. 2723

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING TENTATIVE SUBDIVISION MAP NO. 8603 TO ALLOW THE SUBDIVISION OF AN 81.24-ACRE SITE INTO 220 LOTS FOR SINGLE-FAMILY RESIDENTIAL USE AND 9 REMAINDER PARCELS, INCLUDING WITHOUT LIMITATION THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION, LOCATED AT THE SOUTHEAST CORNER OF THE FUTURE GRANT STREET EXTENSION AND THE FUTURE SHADY WILLOW LANE EXTENSION (APN'S 019-091-003, 007, 008, 033, AND 019-092-022, 023, AND 025).

It was moved/seconded by Gomes/Beckstrand to waive first reading and approve Ordinance No. 726 and waive full reading of Resolution No. 2723 as recommended by staff. Motion passed by the following vote:

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

At 9:50 Council recessed to break

Council convened at 10:02 p.m.

29. An appeal of the Tri-City Plaza project (MS 360-01 and CUP 01-24), which includes a gas station, a car wash, restaurant, and café uses, to be located at the southeast corner of Lone Tree Way and the realigned Fairview Avenue (APN 019-060-053). 

Erik Nolthenius, Associate Planner, explained that on September 3, 2002, the Planning Commission approved the above referenced Minor Subdivision and Conditional Use Permit for a proposed multi-tenant commercial project, known collectively as Tri-City Plaza, on 5.09 acres of undeveloped land consisting of three existing parcels of record. The project includes a car wash, and a maximum of 7,500 square feet of restaurant and café uses on the project site. 

The Planning Commission action of September 3, 2002, was appealed by Councilmembers Annette Beckstrand and Bill Hill, on behalf of the residents of the area at Lone Tree Way and Fairview Avenue, within the 14-day appeal period. The appeal is based on "unmitigated environmental impacts, loss of quiet enjoyment, zoning inconsistencies, and traffic impacts".

Dick Loewke, lead consultant in preparing the Mitigated Negative Declaration for the project, highlighted the MND. The Mitigated Negative Declaration came as a result of an initial study analysis. The analysis included the study of eight different topics that potentially could have had a significant impact including aesthetics, hazardous materials handling associated with the gas station, public services and demand on services, utility systems, agricultural resources, cultural resources, archeology and history, hydrology and water quality, noise, geology and soils, land use and traffic. In the course of analyzing the potential effects of the project he identified issues of concern and developed draft mitigation measures which were circulated for comment. Mr. Loewke commented that when the change was made to Fairview Court to add ingress and egress a detailed analysis was done to see if there were any significant impacts. It was determined that there were no significant impacts.

A noise study was prepared for the project by Wilson, Ihrig & Associates, Inc. In there analysis, Wilson, Ihrig took a very close look at ambient noise levels both from traffic on Fairview Avenue and after Fairview Avenue is realigned, the railroad and Lone Tree Way. All of this is factored into the current noise environment and we use that as a basis to judge impact on the surrounding sensitive uses of the project. The study includes recommendations for the operation of the car wash, which are incorporated into the MND as mitigation measures. Aside from the operation of the car wash, the proposed uses are not anticipated to result in significant negative noise impacts.

Mr. Loewke summarized by saying he went through a multi-step process in analyzing the project with respect to each of the potential impacts, they have concluded that that project design itself, along with the mitigation measures included in the MND would reduce or eliminate the impacts so there would be no significant impacts.

Mr. Nolthenius stated that the Planning Commission action of September 3, 2002 has been appealed and he addressed the following appeal points:

1. There are unmitigated environmental impacts associated with the project. An MND has been prepared in accordance with the requirements of CEQA. Three project-specific technical studies prepared for this project, including noise, traffic, and soil, were used in the preparation of the MND. A number of potentially significant impacts are identified in the document; however, each of those impacts has been reduced to a less than significant level through the implementation of specific mitigation measures. The Planning Commission has concluded that there are no unmitigated environmental impacts as a result of this project.

2. The project would result in a loss of quiet enjoyment. There is no doubt that development of the project site with commercial uses in accordance with the General Plan will increase the existing noise levels in the vicinity. A noise study was prepared for the project by Wilson, Ihrig & Associates, Inc. The study includes recommendations for the operation of the car wash, which are incorporated into the MND as mitigation measures. Aside from the operation of the car wash, the proposed uses are not anticipated to result in significant negative noise impacts.

3. There are zoning inconsistencies associated with the project. The project site is zoned C-1 (Neighborhood Commercial). The Zoning Ordinance states that the C-1 Zone is intended to provide neighborhood convenience centers of 5 to 10 acres which are intended to serve the day to day needs of the surrounding neighbors within a one mile radius. The two main issues related to the zoning appear to be allowing a "mechanical" car wash, where only "non-mechanical" ones are conditionally permitted, and allowing a drive-thru food use, where "drive-in or drive-thru restaurants" are excluded from the C-1 Zone. 

• As it relates to the car wash it was considered that the City Council had established past policy of allowing mechanical car washes in the C-1 Zone subject to a CUP and noise study, by approving the Shanks Chevron car wash on Balfour and Griffith. It was also considered if the applicant should instead apply for a zone change to a PD Zone, which could be customized for the site to allow the mechanical car wash with a CUP. It was determined that the cost and time burden of a zone change could be avoided, and the protection of the adjacent residences could be equally well served by considering the car wash subject to a CUP with noticed public hearing, and complete independent environmental review including a noise study. Staff accepted the application for processing as a discretionary application. No guarantee of approval was made to the applicant. 

• As it relates to the drive-thru use, Staff again realized that there was a potential issue with the requirements of the C-1 Zone, which lists drive-thru establishments relating to permitted uses in the zone as conditionally permitted, excluding drive-thru restaurants. Staff did not view the proposed drive-thru use associated with the convenience store as a restaurant, but rather as an accessory use to the primary permitted retail quick-serve use (bakery, ice cream parlor, pastry shop). There have been no parking or access problems in the 5 years the project has operated. Adding a drive-thru as an accessory use to the Albers quick-serve was not deemed to significantly intensify the use of the site and did not cause significant traffic impacts in the MND. 

4. The fourth appeal point is that the project results in traffic impacts. Development of the project site with commercial uses will increase the number of vehicle trips in the vicinity, and this is unavoidable. An independent traffic study has been prepared for the project and has been incorporated in the MND. Four mitigation measures are required to reduce potential traffic impacts to less than significant levels. One issue that was not originally addressed in the MND is that of access to the project site from Fairview Court (existing Fairview Avenue). Staff had originally intended that access would not be allowed to or from the project site via Fairview Court 


Mr. Nolthenius commented that staff recommends that Council uphold the Planning Commissions decision and deny the appeal; however there are other options for Council to consider including denying the appeal but modifying the Condition of Approval, providing direction on desired changes, sending the project back to the Planning Commission for further action or approving the appeal and denying the project without prejudice.

The Public Hearing was opened.

Councilmember Hill requested that Council have the benefit of hearing the appeal points from the residents that brought the appeal forward prior to hearing from the applicant.

There being no objections, the residents in favor of the appeal were called to speak.

Don Wheat, resident, stated his property was the closest property to the development. He is 100% against ingress and egress from the development onto Fairview Court and felt it would turn his property into a driveway for the shopping center. He further stated that at the south end of the project where Fairview Avenue and Fairview Court will come together, is a very dangerous curve and he would like to see a roundabout at that intersection. He also requested a speed bump on Fairview Court. Mr. Wheat concluded by stating that he felt the ambient noise measures were not accurate. The majority of the noise on Fairview Avenue comes from trucks traveling between Lone Tree Way and Balfour, when Fairview Avenue is relocated, the ambient noise on Fairview Court will be much less.

Dave Biddle, resident, referenced City of Brentwood Chapter 17.250 C-1 Neighborhood Commercial Zone that states that a mechanical car wash is not a permitted use or a conditional permitted use. Mr. Biddle felt that if the City wanted to allow the use of a mechanical car wash in a C-1 Zone, the ordinance should have been amended, but it has not. The applicant should have been told up front that a car wash is not permitted in a C-1 zone. Just because it was allowed for the Dallas Shanks Chevron does not mean it should be allowed now, two wrongs do not make a right.

Councilmember Petrovich asked Mr. Biddle why he was opposed to the carwash.

Mr. Biddle responded that he was opposed to the car was because the property is not zoned properly.

Karen Hardee, resident, stated that she felt the approval of the Tri-City Plaza Project failed to address several serious traffic problems that will result from its completion. Fairview Court was originally presented to be a closed cul-de-sac and was not addressed in the MND as an ingress and egress for commercial development. It was not found to be an appropriate access in the initial report. She felt the changes were made in such a manner as to not allow residents adequate information or time to respond to the new plan. Ms. Hardee also felt that the changes in access on Fairview Court would result in it being used as an overflow parking area. She also mentioned the potential dangers of the intersection of Fairview Avenue and Fairview Court. Ms Hardee stated that in conversations with City staff she was told that a roundabout would be implemented to help calm traffic and it would have no impact on her property. A year later, she received a letter stating that a portion of her property would be needed for the realignment and no calming measures of any kind are shown on the plans. She expressed concern that many of the residents on Fairview Avenue have trailers for transporting animals and equipment and need a longer interval for accessing the street. 


Joe Bosman, resident, commented that there is no line-of-site to turn out of his property north onto Fairview Avenue. He stated that if someone is traveling 45 mph, they will travel 66 feet per second. Based on the engineering plans, he will have a line of site of 180 feet which means he will have 2.7 seconds to pull out onto Fairview Avenue. If shrubs grow in the 10 foot setback, his line of site will diminish to 140 feet leaving him 2.12 seconds to pull out. He has horse trailer and children pulling out of his property and he urged Council to put in some traffic calming measures. Mr. Bosman further commented that he felt the decorative sound wall planned for the curve is unsafe. He stated that if someone were to spin-out, the sound wall will go right through their car. He suggested a berm be placed there to lessen the impact. 

Sunny Goodier, resident, opposed the gas station proposed for the project. Stating that a gas station was never discussed as a proposed use. She also discussed concerns over MTBE or other chemicals contaminating their ground water. She further stated that if the gas station could not be eliminated, she would like a workshop to address the following concerns: 

• No drive-thru in the restaurant portion of the gas station.
• Confirmation that noise from the gas station and car wash will be mitigated with an 8 foot sound wall between the existing property owners and the commercial site.
• Limit the hours of operation to 5:00 a.m. – 12:00 a.m. daily.
• No lights on the gas pumps.
• Overhead lights for the entire site should be low lighting and not impact abutting properties
• Traffic calming measures such as speed bumps in the development.

Clarence Juneau, resident, commented that the approval of the Tri-City Plaza project by the Planning Commission on September 3, 2002, was in violation of the City zoning regulations and therefore requested that Council grant the appeal. He then requested the following conditions if the project is approved:

• An 8 foot masonry sound wall around the properties is put up after grading but before construction.
• A letter from Engineering confirming that the City will provide water and sewer stub-outs as for Clarence Juneau, Brenda Bonninghoff and Don Wheat as part of the Fairview re-alignment project.
• The project be kept at the same grade level as existing properties.
• Fairview Court be posted for “No Parking”.
• No drive-through food service of any type be allowed.
• Hours of operation go no later than midnight on weekends.

Julian Escome, resident, commented that the approval of a mechanical car wash for the Tri-City Plaza project is a direct violation of Chapter 17.250 of the C-1 zoning provisions. The proposed gas station/convenience store which includes seating for a café and a drive through is not in conformance with the neighborhood commercial provisions. He questioned the ethicality of the Planning Commissions actions on September 3, 2002, by approving uses specifically not allowed in a C-1 zone and then making a motion to amend the zoning to match the uses that were approved. 

Karen Rogge, resident, spoke about the following points:

Unmitigated Environmental Impacts
• CUP Restaurant parking is insufficient. Revised usage is not addressed in the IS/MND.
• Traffic impact of drive-thru restaurant is not addressed in the IS/MND.
• Fairview Court egress and ingress for the commercial site is not addressed in the IS/MND.
• Major intersection with Golden Eagle & commercial site is not addressed in the IS/MND.


Zoning Inconsistencies
• Four conditional use permits proposed for this site
• Gas station, Restaurant & Café, Mechanical Car Wash
• Two CUPs that are not permitted in a C-1 zone are a mechanical car wash & a drive-thru restaurant.

Other issues Ms. Rogge brought up were extensive uses for the five-acre site, zoning violations, petition from residents opposing the gas station, traffic safety issues, no community input for the project site, lack of a Lone Tree Specific Plan, request for a reduction in gas station hours of operation, elimination of access to Fairview Court and a roundabout at the intersection of Fairview Avenue and Fairview Court. 

Paul Martin, resident, addressed the entrance to the project on Lone Tree Way. Mr. Martin stated that according to his calculations, the entrance into the project will have approximately a 17% slope. He raised concern over the impacts that may have on the fuel trucks trying to enter the property. Mr. Martin requested that a condition be put on the project that before the entrance on Lone Tree is allowed, it must be done in a safe manner to the approval of the City Engineer and if that entrance cannot be done that way, it comes back to the Planning Commission or Council to review alternative entrances into the project.

Rose Pierce, resident, commented that we already have five service stations within a few miles of this project and six car washes in town and did not feel the City needed another one.

Chris Mosser, consultant, representing Lucia Albers, commented that the project has been reviewed by every reviewing body the City has and all these reviews have found the project in compliance and the Planning Commission recommended approval. He stated that he is in complete agreement with staff’s recommendation. He addressed the appeal points as follows:

1) There are unmitigated environmental impacts associated with the project. The appeal letter does not state what the impacts are, but he believes that the project was thoroughly analyzed from traffic noises and environmental studies with no unmitigated environmental impacts.

2) The project would result in a loss of quiet enjoyment. The appeal letter does not state any particular issue, but the car wash will be in compliance with the current City of Brentwood Noise Ordinance.

3) There are zoning inconsistencies associated with the project. The appeal letter did not site any specific inconsistencies. He did not feel there were any inconsistencies in zoning. Of the four C-1 zones currently in the City two of the four include drive-thru restaurants and/or mechanical car washes. A fifth C-1 zone is being proposed with similar uses proposed.

4) The fourth appeal point is that the project results in traffic impacts. With regard to traffic, approval of this project will help fund the realignment of Fairview Avenue which will reduce the vehicle trip count significantly even with ingress and egress. A complete independent traffic study was performed. Safety was a key issue and felt it vital for a left turn acceleration lane turning onto Fairview however the City did not concur. Mr. Mosser stated that the City felt it would be better to provide an accepting land onto Fairview Avenue as well as an Exit onto Fairview Court. 

Mr. Mosser stated that the proposed uses for the project have not been changed and he did meet with residents and made many changes to the project based on their feedback. He concluded by stating the project will provide hundreds of jobs for our residents and over $130,000 per year in anticipated sales tax revenue to the City.


Fredrick Jacobson, Attorney for Lucia Albers, responded to Mr. Martin’s concern regarding the grade of the entrance to the project off of Lone Tree Way stating that the grade has been measured at 7% and that is stated in the record. Mr. Jacobson commented that he felt they were not asking for an exception with respect to the Zoning Ordinance. It is not a violation of the ordinance but rather the interpretation of the ordinance that is in question and that is at the discretion of the Council. 

Mr. Mosser further added that the Unical 76 Station slated to go into the project has not had MTBE ’s in their gas for years. There were measures to ensure that lighting and glare were reduced. They would be more than amicable to put the eight foot wall up after the grading is completed. 

Laine Lawrence, resident, stated that as a former Planning Commissioner who granted the approvals for most of the projects Mr. Mosser referred to as being in a C-1 Zone, were not in areas zoned C-1 at the time they were approved and they were permitted uses. She also stated that the reason given to the Planning Commission for the mechanical car wash at Dallas Shanks Chevron was that it was an accessory. She stressed to Council that they should be very careful what they approve because it does set a precedent for the future. Just because they approved something in the past does not mean they have to do it again. The conditional use permit should be used an the exception and not as the general rule. She further stated she felt this was a very poorly planned land use. She concluded by saying she felt the City was being reactionary. There has been no specific plan done for the Lone Tree corridor. There should be a plan developed for the entire corridor rather than the projects being decided on a parcel-by-parcel basis. Ms. Lawrence further stressed that she felt the carwash would not generate as many jobs as previously stated and Council should look at businesses which will provide more than minimum wage retail jobs for the City. 

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

Councilmember Petrovich asked who ordered a verbatim copy of the transcript of the Planning Commission meeting of September 3, 2002, at a cost of $900.00

Councilmembers Hill and Beckstrand responded that they ordered the transcript.

Councilmember Beckstrand, appellant, commented that due to a conflicting Council obligation, she was unable to attend the Planning Commission meeting that evening. In an attempt to find out what happened during the meeting, she received several conflicting stories. She felt she needed that transcript in order to decipher the order things occurred, how decision were made, what things the applicant requested and what the commission did with those requests. She further stated in reference to the subcommittee meetings, she could not recall when the last meeting occurred on this project but there have been many changes since then. This is not the same project she had seen before. Councilmember Beckstrand stated that she felt that referencing a subcommittee meeting and their feelings on a project is not always as clear a statement as it may come across as being. With regard to the car wash, the definition of the car wash and its uses have also evolved. The last map she saw, the Fairview cul-de-sac usage was discussed as an emergency vehicle access only. So she did not participate in any subcommittee meetings where they discussed more than that, to the best of her knowledge, by reading through the transcript, the residents were not aware during the Public Hearing of the possibility that the access might be changed to a full ingress and egress. That decision was made by the Planning Commission after the Public Hearing was closed, not giving the residents an opportunity to address that issue. Councilmember Beckstrand reiterated Ms. Lawrence comments that the businesses cited by Mr. Mosser as being permitted in a C-1 zone were there prior to the zoning. The AIG Baker Shopping Center was specially zoned as a planned development in addition to having an overlay of a special planning area that allows for its own zoning to be set as the project develops. It is not a C-1 Zone. Lastly, the Chevron Gas Station was more than four years ago and majority of the current Council was not the Council that made that decision. She further stated that she cannot be certain, due to conflicting stories, that adequate meetings with the residents were held. She cannot be certain that citizen’s comments and concerns were addressed. She feels the zoning issue should be addressed before the project is approved. A few other concerns were the safety of the major intersection, opposition to the Fairview access, the actual numbers of the slope of the driveway on Lone Tree Way, 

Lastly, Councilmember Beckstrand made reference to the City Attorney’s testimony on an issue stating she believed that he would testify that the notation on the bottom of that form was taken out of context with regard to the question he thought he was asked and the materials and documents he was or wasn’t supplied. She requested the Council backup with this, slow down, take care of the zoning issues, take care of the residents concerns and make sure that this is the best that it can be before we move forward.

Councilmember Hill, appellant, concurred with Councilmember Beckstrand’s comments and added that the zoning is in place for C-1 zoning and he feels the applicant should respect the C-1 zonings intent. He would like the zoning inconsistencies be resolved by the Planning Commission. There is one flaw in the analysis that Mr. Mosser brought forward, many of the uses in the C-1 zone are legal, non-conforming uses and if they were proposed today, they would not be applied. They were there in many cases prior to them being annexed into the City of Brentwood and as far as proposed projects, it’s hard to say what a proposed project will end up with. Councilmember Hill urged Council to send it back to the Planning Commission with proposed changes.

Councilmember Petrovich commented that he was part of the subcommittee and was aware that the access on Fairview could have been ingress or egress. He was also aware of the carwash and the restaurant. With regard to the appeal letter, Councilmember Petrovich stated that he felt there would not be a loss of quiet enjoyment due to the project. He felt the area would be much more quiet once the project is completed. He further stated that the appeal letter was vague and did not state any specific noise or environmental concerns and felt without specific issues, he would not be able to support the appeal. 

Councilmember Gomes commented that he lives in the neighborhood of the Dallas Shanks Chevron Gas Station and carwash. He was among the residents who attended the Public Hearing to protest the project. Although he does not like having it in his neighborhood, he sees it benefit thousands of other residents in the City. Councilmember Gomes stated that Mr. Loewke and staff gave a very informative presentation. The project was not a secret and was around when the General Plan was being updated. He concluded that he is going to support all the hard work that staff, the Planning Commission and the subcommittee have put into the project.

Mayor McPoland commented that he is concerned that the members of the subcommittee have different understandings of the project. He asked Mr. Stevenson to elaborate on the grade of the slope to the gas station entrance on Lone Tree Way.

Mr. Stevenson responded that staff spent a great deal of time studying the driveway on Lone Tree Way. They not only looked at existing conditions but future conditions for the way Lone Tree Way will go under the railroad. The grade of the slope is closer to 7 or 8%. We also had the applicant submit a letter from the trucking company that will be delivering gas if this site is approved. The letter states that they can operate with the slopes that were shown on the exhibit. Staff will be critiquing that driveway again to make sure it works not only with the existing conditions of Lone Tree Way but as it goes under the railroad in its ultimate configuration. There will need to be easements and the on-site grading will have to be set up so that it fits the ultimate alignment of Lone Tree Way which will mean that that site will have to come down at that intersection.

Mayor McPoland asked if Bailey Grewal, City Engineer, had anything further to add.

Mr. Grewal concurred with Mr. Stevenson’s comments stating that on the maximum grading on the driveway on Lone Tree Way will be 8%.

Mayor McPoland commented that he does not like the realignment option chosen for Fairview Avenue but based on a prior meeting with the residents of that area, this is the realignment they wanted. He trusts Councilmember Petrovich’s comments on noise as Councilmember Petrovich is a recognized expert on noise and sound and his advice has always been beneficial. Mayor McPoland stated that he feels the ingress and egress onto Fairview Court was warranted and was satisfied that the impact of the carwash would be lessened with the cars exiting the carwash away from the cul-de-sac. He further expressed concern with regard to the slope of the entrance on Lone Tree Way. Mayor McPoland concluded that he would also like to see an 8 foot wall along the property and evergreens planted along the wall.

Mr. Grewal stated that he did not consider an 8% grade excessive. 

Councilmember Hill asked Mr. Grewal if he had analyzed the ingress and egress and the accumulative effect at the intersection of Fairview Avenue and Fairview Court. He asked Mr. Grewal if he was satisfied that it would be a safe intersection considering the total number of driveways and the awkwardness of the radiuses.

Mr. Grewal stated from an engineering point of view, that intersection is safe. 

Councilmember Petrovich commented that the map in the staff report is the same map that was presented to the subcommittee with the exception of the orientation of one building.

RESOLUTION NO. 2723

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD UPHOLDING THE PLANNING COMMISSION'S APPROVAL AND DENYING AN APPEAL OF MINOR SUBDIVISION NO. 360-01 (MS 360-01) AND CONDITIONAL USE PERMIT NO. 01-24 (CUP 01-24) FOR THE TRI-CITY PLAZA PROJECT, AN APPROXIMATE 5-ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF LONE TREE WAY AND THE REALIGNED FAIRVIEW AVENUE (APN 019-060-053).

It was moved/seconded by Gomes/Petrovich to waive full reading and approve Resolution No. 2723 upholding the Planning Commission’s decision and denying the appeal of Minor Subdivision No. 360-01 and CUP 01-24 with the following conditions: an 8 foot wall be build immediately after grading; with the approval of the residents, the planting of evergreen trees and a 5’ planter to break up the wall line; water and sewer stub-outs provided for Clarence Juneau, Brenda Bonninghoff and Don Wheat. Motion passed by the following vote:

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

OLD BUSINESS

31. Consider an agreement with New Point Development, LLC for $100,000 of PEC funds for a 50,000 square foot commercial development located on the east side of Guthrie Lane and Harvest Park Boulevard. Pulled per Agenda Review.

NEW BUSINESS

32. Present and consider the Arts Commission Action Plan. 

Ron Beatty, representing the Arts Commission, gave a presentation that recaps their activities since June 2001 and discusses their action plan for 2003/04. The Commission is requesting Council approval and support for consideration of:

• Public Art Program which could include a Percentage for Art program with a certain percentage of construction costs dedicated for public art.
• Ongoing support of the activities and fundraisers of the Brentwood Art Society.
• Expanding opportunities for art galleries and exhibitions.
• Ongoing support of existing programs and expansion of additional programs, including arts education in schools.
• Continued involvement with staff at the weekly Design Review Committee meetings.
• Open dialogue with City Council on suggestions for new programs and funding opportunities.
• Continued staff assistance and consideration of assigned staff.

Mr. Beatty also requested a Council Workshop to brainstorm ideas as to how the Arts Commission can obtain public funds and formulate a Public Art Program for the City.

Mayor McPoland commended the Arts Commission for their dedication and accomplishments since its inception. Mayor McPoland directed the Arts Commission develop a budget to submit to staff for consideration. He further suggested that a nominal fee be added to new housing units to help support the creation of community art.

Councilmember Beckstrand commented that we need to examine the draw the Arts Commission has had on City staff. She suggested a City employee, designated for Central Services, that could back fill for departments but also be made available to coordinate events and projects for the Arts Commission. 

It was moved/seconded by Gomes/Hill to accept the City of Brentwood’s Arts Commission presentation, approve their action plan for 2003/04 and direct staff to set up a workshop to discuss future plans. Motion carried unanimously.

33. Discuss and provide direction for the Mid-range Policy Interpretation for Signature Homes TSM 8426, located at the southwest corner of Chestnut and Garin Parkway. 

Jeff Zilm, Senior Planner, explained that the applicant is proposing a Tentative Subdivision Map to subdivide 10.4 acres into 97 single-family zero lot line lots for 9.3 dwelling units per acre. This proposed project falls into Planning Area 5 of the Garin Ranch Specific Plan. The Specific Plan did allow for a maximum density of 10.0 dwelling units per acre for duets (attached single family), townhouses, and low-density condominiums. Senior housing is also allowed in this planning area with a maximum density of 25 dwelling units per acre. 

The Housing Subcommittee discussed the issue of mid-range density and proposed and previously provided amenities by Signature. The consensus of the subcommittee was that the previously provided amenities would not apply to this proposed subdivision and that Signature would need to submit a new amenities list in order for the subcommittee to considered exceeding the mid-range density for this new project. The subcommittee suggested that Signature provide a pocket park within this proposed subdivision as an amenity item. Signature felt that they have provided an adequate amount of amenities for the entire Garin Ranch Project. The subcommittee recommended that this item be brought up before the City Council for a full review of the interpretation of this policy. That is the purpose of this agenda item. 

Councilmember Gomes stated that he felt it was unusual that the subcommittee did not have a recommendation.

Joe Zawidski, representing Signature Homes, stated that he is asking for a density transfer. Area 1 of Garin Ranch was originally set up as an apartment site that would have had 201 apartment units at mid-range, due to neighbors requests, they are now building 170 town homes. Mr. Zawidski did not view this request as exceeding the mid-range but rather transferring 14 units from Area 1 of Garin Ranch to Area 5 of Grain Ranch. 

Councilmember Hill stated that Signature Properties did not properly disclose to the Garin Ranch homeowners the plans to build apartment buildings in Area 1. Signature has now decided to change their plans based on opposition from the property owners. He doesn’t feel it is appropriate to move that burden to another part of town.

Mayor McPoland asked what the price range will be for the new homes.

Mr. Zawidski replied that the price would be in the $200,000 - $300,000 range.

Councilmember Gomes commented that due to the pricing of these homes, there will be a higher ratio of children in the area and feels strongly there needs to be a pocket park for the residents.

Mr. Zawidski reminded Council that Signature Properties consolidated all of their small parks planned for the neighborhood into one big park at the request of the City so there would be soccer fields and opportunities for ball games etc. He felt that a small pocket park in the neighborhood would be more of a nuisance than a benefit.

Councilmember Petrovich commented that Signature Properties is always willing to do accommodate the City’s requests and he felt their request was not unreasonable. He further stated that he felt that was a dangerous corner for a park.

Councilmember Beckstrand stated that she had requested that the projects for Area 1 and Area 5 be brought forward together. She added that she did not feel comfortable making a decision on one without the other. 

Craig Bronzan, Director of Parks and Recreation, expressed concern that the area is greatly underserved for parks. The current standards are five-acres of parks per 1,000 population. If this master plan has 900 homes, there is a potential for 3,000 residents. That would be 15 acres of parks. They currently only have a 6.4 acres of park. He feels this area is under-serviced for parks.

Mr. Zawidski commented in response to Councilmember Beckstrand’s comments that the project for Area 1 is moving forward and will probably be presented to the Planning Commission at the same time as Area 5.

Council directed staff and Signature Properties to re-work the plan and bring it back at a later date.

34. Discuss and provide direction for the Public Works Corporation Yard interim relocation. 

35. Approve a Resolution authorizing the City Manager to execute an agreement with Gibson/Salmon Group for architectural services for the Public Works Corporation Yard interim relocation not to exceed $20,000 and include a 10% contingency for additional services needed. 

36. Approve a Resolution authorizing the City Manager to execute an agreement with RGM & Associates for construction management services for the Public Works Corporation Yard interim relocation not to exceed $199,970 and include a 10% contingency for additional services needed. 

Paul Zolfarelli, Director of Public Works, discussed Items 34, 35 and 36. He explained that the City of Brentwood Public Works Corporation Yard is required to vacate its current site at 161 Sycamore Avenue by May 1, 2003. Staff recognizes Council’s concern over funding the final site at the current time. Staff is also planning on coordinating public workshops to solicit input on the final design. Unfortunately, Public Works is faced with the reality of having to maintain operations between May 1, 2003 and when the final Corporation Yard Maintenance Facility is constructed on the final site.

Staff has retained the assistance of Herwitt Engineering to assist with the relocation of the temporary Corporation Yard. They have identified the northwest portion of the old Wastewater Treatment Plant site as the appropriate site for the interim location of the Corporation Yard. There is a significant amount of work that needs to be done to prepare this site for occupancy. Raising and grading of the site is required. Utilities must be installed and the existing trailers must be moved and refurbished. Additionally, a 10,000 square foot building will need to be erected to address the current needs of the Fleet Maintenance operations, Streets sign shop, Water meter reading and Purchasing/Central Stores. 

Due to the short time frame associated with this move, staff has been unable to follow the normal pace at which this facility would be planned and approved. We are scheduled to bring the design and layout to the Planning Commission on October 29, 2002. We are proposing to bid the building in November 2002. 

It is recommended that Gibson/Salmon Group be hired to handle the architectural services associated with the interim relocation of the Corporation Yard. Gibson/Salmon has been contracted with the City on previous projects and has completed tasks in a timely and highly effective manner. Council approval of the City Manager’s agreement with the Gibson/Salmon Group is requested.

RESOLUTION NO. 2724

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GIBSON/SALMON GROUP FOR ARCHITECTURAL SERVICES FOR THE PUBLIC WORKS CORPORATION YARD INTERIM RELOCATION IN THE AMOUNT OF $20,000 AND INCLUDE A 10% CONTINGENCY FOR ADDITIONAL SERVICES NEEDED.

RESOLUTION NO. 2725

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH RGM & ASSOCIATES FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE PUBLIC WORKS CORPORATION YARD INTERIM RELOCATION IN THE AMOUNT OF $199,970 AND INCLUDE A 10% CONTINGENCY FOR ADDITIONAL SERVICES NEEDED.

It was moved/seconded by Petrovich/Hill to waive full reading of Resolution No. 2724 and Resolution No. 2725 and approve as recommended by staff. Motion passed by the following vote:

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

37. Approve a Resolution authorizing the City Manager to purchase of 10 low-speed electric vehicles from Lasher Auto Center Chrysler Corp. in the amount of $25,000 for use by Police, Public Works, Parks and other municipal uses. 

Lieutenant King addressed Council stating that during the first two weeks of October 2002, Staff, along with the members of the Public Safety Subcommittee attended the International Chief’s of Police annual convention in Minnesota, where they became aware of a limited, special incentive program being offered to California municipalities relating to the purchase of battery powered low speed vehicles. In the course of investigating these possibilities, staff became aware of the special purchase program available only to California governmental organizations. Through this program, these vehicles may be purchased at a cost ranging from $1,501 to $2,501 per unit (versus retail costs of $7-$9,000 per unit), depending on the configuration. This sharply-discounted price is driven by the manufacture’s need to collect emission/air quality points to meet federal and state mandates. 

Councilmember Gomes requested that staff examine the possibility of providing some of the vehicles to Summerset residents to use around town and check with the transportation authority and see when the next phase of grant applications for air quality will be so we can purchase more of these.

Councilmember Petrovich asked if there was a deadline for purchasing the vehicles.

Lieutenant King responded that there wasn’t a deadline, but there were only 10,000 vehicles allocated to California. We would have to maintain ownership of the vehicles for 6-months.

Councilmember Petrovich stated that he felt Council should allocate $50,000.00 so we could buy as many as we can. 

RESOLUTION NO. 2726

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER TO PURCHASE 10 (TEN) LOW-SPEED ELECTRIC VEHICLES (LSV’s) FOR USE BY THE CITY OF BRENTWOOD STAFF IN AN AMOUNT NOT TO EXCEED $50,000.

It was moved/seconded by Gomes/Petrovich to waive full reading of Resolution No. 2726 and increase the amount from $25,000 to $50,000 and directing the Finance Director to amend the vehicle replacement budget to accommodate the increase. The motion passed by the following vote:

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

There being no further business, the meeting was adjourned at 1:15 a.m. on Wednesday, October 23, 2002.

Respectfully Submitted,



Cynthia Goulding
Deputy City Clerk


 

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