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CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
February 25, 2003
A regular meeting of the City Council of the City of Brentwood was called to order at 6:00 p.m. in the Council Chambers located at 734 Third Street, with Mayor Swisher presiding.
Present: Councilmembers Beckstrand, Gutierrez, Hill, Petrovich, Mayor Swisher
The meeting adjourned to closed session at 6:00 p.m. pursuant to Government Code §54956.9(a) – l
Labor Negotiations pursuant to Gov’t Code § 54957.8:
Employee Organizations: Brentwood Police Officers Association, Brentwood Employees Association; Unrepresented Employees; Management/Mid-Management - Labor Negotiator: John Stevenson
Closed session adjourned at 6:45 p.m.
The meeting convened to open session at 7:00p.m. with no reportable action.
A. Oath of Office for Ron Beatty, Mary Hannigan, and Bill Weber to the Arts Commission.
Mayor Swisher administered the Oath of Office and welcomed the new Arts Commissioners.
Item 20 Pull due to grant application inadvertently omitted in original staff report.
It was moved/seconded by Hill/Gutierrez to approve Agenda Review as recommended by staff.
Mary Lopez, citizen, urged Council to approve Item 17, amending Chapter 8.16 of the Municipal Code pertaining to the placement of garbage containers.
Bill Putman, representing Delta Community Services, announced the St. Patrick’s Day Dinner, Monday March 10, 2003 from 4:30 to 8:00 p.m. at the Delta Community Center.
Kyle Wells, representing the Sandlot Sluggers National Traveling Baseball Team of Contra Costa County, explained that they have been invited to play in the Tournament of Champions in Cooperstown New York and requested a donation of sponsorship to help defray costs.
Steve Larson expressed concern with Agenda Item #6 awarding a contract in the amount of $4,812 for pest control services to Unique Pest Control. Mr. Larson stated that he is a pest control operator and cautioned Council that the in bids for Pest Control Services is suspicious and urged Council to take a closer look at the actual services that will be provided before approving.
1. Approved Minutes of February 11, 2003.
2. Approve a Resolution approving the Final Map of Subdivision No. 8089, Brentwood Country Club, Pulte Home Corporation, located south of Wolf Road and east of Fairview Avenue, accepting the improvement securities, approving the Subdivision Improvement Agreement and authorizing the Mayor and the City Clerk to execute the same. Pulled for further discussion.
3. Approved Resolution No. 2792 designating Francisco & Associates, Inc. as the Engineer of Work and directing the filing of a Consolidated Annual Report for Landscape & Lighting Assessment District; the Citywide Park Maintenance District No. 98-1; and updating the Landscape & Lighting Facilities Audit for the 2003/04 Fiscal Year; and authorize the City Manager to execute a Consultant Services Agreement with Francisco & Associates, Inc. in an amount not to exceed $100,000.00.
4. Approved Resolution No. 2793 awarding a contract in the amount of $101,874 for janitorial services to Advanced Maintenance Systems for City of Brentwood facilities.
5. Approved Resolution No. 2794 awarding a contract for janitorial paper supplies to Cole Supply.
6. Approve a Resolution awarding a contract in the amount of $4,812 for pest control services to Unique Pest Control. Pulled for further discussion.
7. Accepted City of Brentwood Arts Commission Annual Report for 2002.
8. Approved request from Chamber of Commerce and CornFest Committee for City sponsorship of CornFest 2003 in the amount of $20,000 for the fireworks show and $10,000 credit toward the cost of police and public services.
9. Approved Resolution No. 2795 accepting the offers of dedication in fee for the rights-of-way of Loring Way, Majestic Lane, Regal Drive, Halford Lane, Dawn Drive, Minnesota Avenue Widening and Fairview Avenue Widening; accepting all “Public Utility Easements” or “P.U.E.” as shown and dedicated on this Final Map; accepting all subsurface mineral and water rights relinquished on said Final Map and accepting public improvements (waterlines, sanitary sewer, storm drain, fiber optics and streets with all related improvements, all improvements constructed in EBMUD right-of-way and all off-site improvements on Fairview Avenue including the sound wall) for maintenance; accepting the Subdivision Maintenance Bonds, and releasing the Subdivision Improvement Securities for Subdivision No. 8176, by Hofmann, located in SPA “L”, just south of Grant, and east of Fairview.
10. Approved Resolution No. 2796 approving an agreement for purchase of a fee parcel with Joseph G. Castello and Gloria L. Castello, as Trustees under the 1982 Castello Living Trust dated October 14, 1982, as to an undivided one-half (1/2) interest; and Victor R. Castello and Marjorie Lola Castello, Trustees under the 1989 Victor R. Castello and Marjorie Lola Castello Living Trust dated May 25, 1989, as to an undivided one-half (1/2) interest, for a portion of real property identified as APN 013-220-008 & 009, generally located outside the City limits west of Sellers Avenue and north of Chestnut Street, hereby accepting real property on behalf of the City, and authorizing the Mayor or City Manager and City Clerk or any of their designees to execute the purchase agreement, and such other documents as may be needed to complete the transaction including acceptance of the Deed.
11. Approved Resolution No. 2797 revising compensation and classification description for Plan Check Engineer.
12. Reject claims presented by Carlos and Carmen Briones as recommended by the by the City’s third-party insurance adjuster, Contra Costa County Municipal Risk Management Insurance Authority and the City Attorney. Pulled for further discussion.
13. Approved Resolution No. 2798 authorizing the City Manager to execute a purchase agreement for a Solid Waste front-load collection truck from Oakland Truck Center not to exceed $170,903.03.
14. Approved Resolution No. 2799 supporting Brentwood Elementary School District Measure B scheduled for the Special Election of Tuesday, March 4, 2003.
15. Set Tuesday, April 8, 2003 at 5:30 PM as the date for the Capital Improvement Program Budget Workshop. Pulled for further discussion.
16. Approved Resolution No. 2800 designating Accountant Denise Davies as the alternate Board Member to the Contra Costa County Municipal Risk Management Insurance Authority Board of Directors (CCCMRMIA).
16A Approved Resolution No 2801 amending the “Renewal Negotiation Process Terms” to extend the tolling of the time requirements for “formal” renewal proceedings under Section 626 of the Cable Act from March 1, 2003 to April 1, 2003. Also approve an extension of the deadline for response to the City’s Request for Proposal dated September 4, 2002, from March 20, 2003 to April 22, 2003.
It was moved/seconded by Petrovich/Gutierrez to approve Consent Calendar Items 1, 3-5, 7-11, 13, 14, 16 and 16A as recommended by staff. Motion carried unanimously.
Item 2 Approve a Resolution approving the Final Map of Subdivision No. 8089, Brentwood Country Club, Pulte Home Corporation, located south of Wolf Road and east of Fairview Avenue, accepting the improvement securities, approving the Subdivision Improvement Agreement and authorizing the Mayor and the City Clerk to execute the same.
Councilmember Gutierrez stated she does not agree to the development in that area of the City without a closer date for the by-pass completion.
RESOLUTION NO. 2803
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD FOR AN ALLOCATION OF 580 DWELLING UNITS, OVER A 4 FISCAL YEAR PERIOD, TO PINN BROTHERS CONSTRUCTION, INC. IN ACCORDANCE WITH ITS APPLICATION SUBMITTED FOR THE RESIDENTIAL GROWTH MANAGEMENT PROGRAM (RGMP) FOR THE CYCLE ENDING NOVEMBER 30, 2002.
It was moved/seconded by Hill/Beckstrand to waive full reading and approve Resolution No. 2803 as recommended by staff. Motion passed by the following vote:
AYES: Councilmembers Beckstrand, Hill, Petrovich, Mayor Swisher
ABSTAIN: Councilmember Gutierrez
Item 6 Approve a Resolution awarding a contract in the amount of $4,812 for pest control services to Unique Pest Control.
Councilmember Beckstrand asked if the Scope of Work on item 6 was specific enough to ensure that each bidder was responding to the same requirements.
Craig Bronzan, Director of Parks and Recreation, responded that the Scope of Work was the same as last year.
Councilmember Hill asked if we had prior experience with Unique Pest Control.
Mike Merizon, Facilities Manager, responded that we did not have prior experience with Unique Pest Control.
It was moved/seconded to continue Item 6 to the Council meeting of March 11, 2003, until references can be checked for Unique Pest Control. Motion carried unanimously.
Item 12 Reject claims presented by Carlos and Carmen Briones as recommended by the by the City’s third-party insurance adjuster, Contra Costa County Municipal Risk Management Insurance Authority and the City Attorney.
Karen Diaz, City Clerk, explained the background for the claim and the process necessary for the claimant to bring a lawsuit.
It was moved/seconded by Hill/Beckstrand to approve Item 12 as recommended by staff. Motion carried unanimously.
Item 15 Set Tuesday, April 8, 2003 at 5:30 PM as the date for the Capital Improvement Program Budget Workshop
Councilmember Gutierrez stated that she had a conflict with the date of April 8, 2003 for the workshop.
It was moved/seconded by Gutierrez/Beckstrand to set the date of Monday, April 7, 2003, for the Capital Improvement Program Budget Workshop. Motion carried unanimously.
17. Consideration of an Ordinance amending Chapter 8.16 of the Municipal Code pertaining to the placement of garbage containers.
Berenice Arteaga, Code Enforcement Officer, stated that on January 28, 2003 Council directed staff to bring an ordinance amendment to Council to regulate trash receptacles. Currently, the Municipal Code does not prohibit storing garbage receptacles in public view. The code now states:
“Each rubbish container placed at or near the curb line for collection, shall be placed there not earlier than twenty-four hours before the designated time for collection, and shall be removed twenty four hours after the designated time for collection”
There are at least three options for Council consideration, should they wish to regulate trash receptacle storage, as follows:
1. Removal of garbage receptacles from the public right of way, (street, sidewalk, parkway), between collection intervals.
2. Storage of garbage receptacles behind the front plane of the home, between collection intervals.
3. Storage of garbage receptacles out of public view, between collection intervals (This would mean behind a fence, enclosure or wall).
The Public Hearing was opened.
Mary Lopez, resident, urged Council to choose Option No. 3 requiring the receptacles out of public view.
There being no one else wishing to speak the Public Hearing was closed.
Councilmember Petrovich commented that he agreed with Ms. Lopez and the containers should be placed behind the fences or in the garage.
Councilmember Gutierrez concurred with Councilmember Petrovich.
Councilmember Hill asked if enforcement would be on a complaint basis.
Ms. Arteaga responded that it enforcement would be on a complaint basis.
ORDINANCE NO. 737
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND BRENTWOOD MUNICIPAL CODE CHAPTER 8.16 PERTAINING TO PLACEMENT OF GARBAGE CONTAINERS
It was moved/seconded by Petrovich/Gutierrez to waive first reading and adopt Ordinance No. 737 amending Chapter 8.16 of the Municipal Code pertaining to the placement of garbage containers with storage of garbage receptacles out of public view, between collection intervals. Motion passed by the following vote:
AYES: Councilmembers Gutierrez, Petrovich, Hill
NOES: Mayor Swisher
ABSTAIN: Councilmember Beckstrand
18. Consideration of a Resolution granting a Residential Growth Management Program (RGMP) allocation for 580 dwelling units located north of Dainty Avenue, west of the railroad tracks and east of Griffith Lane to Pinn Brothers Construction, Inc.
Jeff Zilm, Senior Planner, explained that there were two applications submitted for consideration during the fifth cycle of the RGMP. The first one was by Braddock and Logan for 305 units, however, the RGMP Subcommittee had some concerns about the submittal and wanted to see a revised map before recommending the project to the Council. The second request was made by Pinn Brothers Construction, Inc. for the allocation of 580 dwelling units located north of Dainty Avenue, west of the railroad tracks and east of Griffith Lane. The allocation requested is for a 4-year build-out period (2003-2006) as follows: 250 dwellings in 2003, 133 dwellings in 2004, 137 dwellings in 2005 and 60 dwellings in 2006.
This application was rated by the RGMP Committee based on a set of 10 evaluation criteria that were established as part of the RGMP. This project was awarded more than 100 points. The application originally had a density of 4.5 units per acre in this area. The Subcommittee was concerned that because this area backs up to existing older houses with a density of 3.0 units per acre, this new project had to be more in line with the existing density. The applicant reworked this area and by eliminating 11 units the density has been reduced from 4.5 units per acre to 3.5 units per acre, with lot sizes that are now equal to or greater than the existing lots abutting this project. This seems to be an acceptable transition.
• The General Plan policy for this area is to provide compatible uses adjacent to the existing larger lots along the Marsh Creek channel and Griffith Lane by buffering them from higher density residential development in the eastern portion of Special Planning Area “C”, which the project is located in. Higher residential densities are planned in this SPA in order to take advantage of the areas proximity to downtown jobs and services and due to the close proximity of the Walnut Boulevard and Central Boulevard arterial roadways, and the future potential e-Bart station to the east. The General Plan’s midrange unit per acre count would allow for a total of 649 units, the applicant is proposing to build 580 units or 69 units under the midrange.
The project was awarded 115 points by the RGMP Committee and received the bulk of its points in the evaluation categories of affordable/special housing needs, amenities and infrastructure improvements both on-site and off-site, infill development, and design quality. In addition, the project includes roughly 9 acres of park area, generous pedestrian corridors that contribute to a high quality walkable project design and a pedestrian link to the future E-Bart transit station.
Dan Revay and Jim Yee, representing Pinn Brothers Construction Co., presented their project, Marseilles, to Council highlighting the diversity of housing units, neighborhood parks, open space and infrastructure improvements.
Councilmember Beckstrand asked the size and rent on the apartments.
Mr. Revay responded that the apartments will be approximately 700 sq. ft. to 1300 sq. ft. with rents ranging from $1,200.00 to $1,600.00.
Councilmember Gutierrez commented that she liked the staggering of the building of the project, the amenities, the designs, the uniqueness of the landscaping but she is concerned that the affordable housing option is 7 percent and not the full 10 percent.
Mr. Revay responded that Pinn Brothers will take another look at the 10 percent allotment for affordable housing.
The Public Hearing was opened.
Those speaking against the RGMP allocation for Pinn Brothers Construction:
Carol Maiocco, resident expressed concern with the high-density homes going in along Griffith Lane being much smaller lot size that the existing homes.
Hugh Maiocco, resident, concurred with his wife’s comments and requested that Council take into consideration the density of the protected areas as well as just Griffith Lane.
Frank Aguto, resident, concurred with the Maiocco’s comments stating that the 2,975 sq. ft. lots are much too small.
Jim Mooney, resident, asked for clarification on lot sizes between Dainty and Central.
Mr. Revay responded that the lots between Dainty and Central will be 9,000 – 10,000 sq. ft.
There being no one wishing to speak the Public Hearing was closed.
Councilmember Beckstrand clarified that the action Council would be taking tonight is just an allocation approval not an approval of the specific details for the development. She urged Pinn Brothers to look at possibly flip-flop neighborhood 5b with neighborhood 4 which would move homes with more comparable lot sizes closer to Griffith.
Coucilmember Hill commented that in realizing that the surrounding neighbors did not want the development where it was located, Pinn Brother made sure the impact on Griffith was minimal. There is no ingress and egress off of Griffith. He further reminded the audience that the project still has to go to the Planning Commission where changes will take place. Councilmember Hill stated that although Pinn Brothers is not a familiar name in Brentwood, he has viewed their product in Livermore it seems that they will be one of the higher-end production builders the City of Brentwood has seen.
Councilmember Petrovich commented that while he agrees with the concerns raised, the RGMP was approved based on a formula. The project can still be reconfigured, the reason it is before Council tonight is to get the allocation so that the project can move forward. Recommended that the project go forward tonight and have the neighbors return when the program goes before the Planning Commission to raise your concerns.
Mayor Swisher commented that most of the citizen’s commented that they are used to rural living. The rural areas are not going to last forever, especially since the project is located so close to downtown. He felt the project was good and further stated the density issues could be worked out at the Planning Commission.
RESOLUTION NO. 2803
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD FOR AN ALLOCATION OF 580 DWELLING UNITS, OVER A FOUR FISCAL YEAR PERIOD, TO PINN BROTHERS CONSTRUCTION, INC. IN ACCORDANCE WITH ITS APPLICATION SUBMITTED FOR THE RESIDENTIAL GROWTH MANAGEMENT PROGRAM (RGMP) FOR THE CYCLE ENDING NOVEMBER 30, 2002.
It was moved/seconded by Beckstrand/Hill to waive full reading and approve Resolution No. 2803 as recommended by staff. Motion passed by the following vote:
AYES: Councilmembers Beckstrand, Gutierrez, Hill, Petrovich, Mayor Swisher
19. Consideration of an Ordinance amending the Municipal Code by adding Chapter 17.518 amending the zoning of Planned Development 53 (PD-53) generally located south of the EBMUD Right-of Way, East of the CCWD Right-of-Way, North of the Future Extension of Empire Avenue and West of the Future Extension of Shady Willow Lane. (APN 019-091-001 and 019-091-002).
Debbie Hill, Assistant Planner, explained that Planned Development 53 was created with the update of the General Plan last year as a “shell” planned development with no associated development standards. The project was reviewed by the RGMP/Housing Subcommittee on August 1 and October 24, 2002. This project was exempt from the RGMP process due to its location within the northwest quadrant of the City.
The subject property is an unimproved 36.66 acre site generally located south of the EBMUD right-of-way, east of the CCWD right-of-way, and west of the future extension of Shady Willow Lane. The project site is designated for medium density residential uses by the General Plan. The property is being developed by Western Pacific Housing with a single family residential project. They are requesting a zoning amendment in order to adopt development standards for this area, which will enable them to move forward with this project. The recommendation to rezone, the tentative subdivision map and the associated design review were approved by the Planning Commission on February 4, 2003. The proposed development standards are shown below:
In order to regulate this development and move forward with the project as proposed, the following development standards for PD-53 will need to be adopted as summarized below:
Minimum Lot Area: Four thousand (4,000) square feet
(Average lot size is 4,288 square feet)
Minimum Lot Depth Eighty (80) feet
Minimum Lot Frontage ½ the required lot width
Minimum Front Yard Setback: Twenty (20) feet to the garage, ten (10) feet to any
primary building wall
Minimum Side Yard Setback: Five (5) feet. All corner lots shall maintain a
minimum side yard on the street of ten (10) feet
Minimum Rear Yard Setback: Fifteen (15) feet
Maximum Lot Coverage: Fifty (50) percent
Maximum Building Height Limit: Two (2) stories not to exceed thirty-two (32) feet
These proposed development standards are consistent with development standards previously adopted for similar lot sizes within the City with the exception of the 50% lot coverage ratio. However, due to this property’s medium density residential designation by the General Plan, a higher lot coverage ratio has been determined to be acceptable by the Planning Commission.
Bob Sauders, Western Pacific Housing, gave an overview of the project.
The Public Hearing was opened.
There being no one wishing to speak the Public Hearing was closed.
ORDINANCE NO. 738
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A ZONING AMENDMENT TO PLANNED DEVELOPMENT 53 (PD-53) ADDING CHAPTER 17.518 TO THE BRENTWOOD MUNICIPAL CODE WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR PD-53 GENERALLY LOCATED SOUTH OF THE EBMUD RIGHT-OF-WAY, EAST OF THE CCWD RIGHT-OF-WAY, NORTH OF THE FUTURE EXTENSION OF EMPIRE AVENUE AND WEST OF THE FUTURE EXTENSION OF SHADY WILLOW LANE. (APN 019-091-001 AND 019-091-002).
It was moved/seconded by Beckstrand/Petrovich to waive first reading and adopt Ordinance No. 738 as recommended by staff. Motion passed by the following vote:
AYES: Councilmembers Beckstrand, Gutierrez, Hill, Petrovich, Mayor Swisher
20. Approve and authorized the City Manager to execute a professional services agreement not to exceed $41,500 plus a 10% contingency with Manex to prepare a Brentwood Manufacturing Attraction Strategic Plan. Pulled per Agenda Review.
21. Approve appointments to Shaping Our Future Committee, East County Water Management Association (ECWMA), Youth Commission and Youth-Related Matters.
John Stevenson, City Manager, explained that the Mayor appointed Mitch Oshinsky, Community Development Director, to serve on the Countywide Shaping Our Future committee. Staff has since learned that attendance/voting may not be assigned to a non-elected individual. The same holds true for the Water Management Committee. Therefore, while staff may attend and observe, an elected official needs to be appointed to this committee for full participation and voting.
Ana Gutierrez was appointed as the Council liaison to the City’s Youth Commission. This is being amended to add “& Youth-Related Matters.” Councilmember Gutierrez will also cover issues such as the East County Youth Center.
Mayor Swisher made the following appointments:
East County Water Management Association Councilmember Hill
Countywide Shaping Our Future Committee Councilmember Gutierrez
CITIZEN COMMENTS - none
INFORMATIONAL REPORTS FROM COUNCIL MEMBERS
Councilmember Petrovich reported on a recent meeting with Comcast stating that it appears we are making some progress with them and should have a report in the next month.
REQUESTS FOR FUTURE AGENDA ITEMS - none
There being no further business the meeting was adjourned at 8:34 p.m.
Deputy City Clerk
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
Fax (925) 516-5441