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CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
March 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 City Council Chamber located at 734 Third Street, with Mayor Swisher presiding.
Present: Councilmembers Beckstrand, Gutierrez, Hill, Petrovich, Mayor Swisher
CLOSED SESSION - 6:00 p.m.
Labor Negotiations pursuant to Government 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 6:55p.m.
The meeting convened to open session at 7:00p.m. with no action to report.
A. Proclamation proclaiming April 5th through April 12th, 2003 as The Week of the Young Child.
Mayor Swisher presented Elsie Lee representing with the proclamation.
Elsie Lee thanked Council for their support and announced that The Week of the Young Child celebration will be held Saturday, April 5, 2003, in City Park.
B. Proclamation proclaiming the month of April, 2003 as Fair Housing Month.
Wanda Remmers representing Housing Rights, Inc. accepted the proclamation. Councilmember Gutierrez presented an award to Christina Haville, a Brentwood student, for her winning poster in a contest sponsored by Housing Rights, Inc.
C. Presentation of employee achievement award.
Mayor Swisher announced that Paul Eldredge, Assistant City Engineer, received one of the annual East Bay Business Times “40 Under 40 High Achievers Award”.
Item 4 Pulled per staff request. (B. Grewal)
Spencer Smith expressed concern with the left turn lane on east-bound Fairview Avenue onto San Jose Avenue.
1. Approve Minutes of March 11, 2003. Pulled for further discussion.
2. Approved Resolution No. 2815 approving revision of the Ponderosa Neighborhood Park CIP Project budget for fiscal year 2002/2003.
3. Approved Resolution No. 2816 approving an agreement for purchase of a fee parcel with Marlys D. Carlisle for a portion of real property identified as APN 017-030-007, generally located North of Sand Creek Road (Central) between Fairview Avenue and Minnesota Avenue, as part of the Ponderosa Neighborhood Park CIP Project.
4. Approve a Resolution approving the Final Map of Subdivision No. 8515, Lone Tree Plaza, Arcadia Development Company, located east of Heidorn Ranch Road and south of Lone Tree Way, accepting the improvement security, approving the Subdivision Improvement and Reimbursement Agreement, for costs associated with Master Plan Facility improvements, and authorizing the Mayor and City Clerk to execute the same. Pulled per Agenda Review.
5. Approve a Resolution amending the City Vehicle Operating Procedure, Policy 10-9. Pulled for further discussion.
6. Approved Resolution No. 2817 authorizing the City Manager to execute Purchase Orders or Contracts for the not-to-exceed dollar amounts for various vendors.
7. Approved Resolution No. 2818 amending the procedures for informal negotiation of cable television franchise renewal from April 1, 2003 to June 1, 2003.
8. Set the date of April 22, 2003 at 5:30 p.m. for the Joint City Council/Planning Commission Workshop regarding the proposed Vineyards at Marsh Creek Project located near Marsh Creek Road and the Southerly extension of Fairview Avenue. Pulled for further discussion.
It was moved/seconded by Petrovich/Beckstrand to approve Consent Calendar Items 2, 3, 6 & 7 as recommended by staff. Motion carried unanimously.
Item 1 Approve Minutes of March 11, 2003. It was moved/seconded by Petrovich/Hill to approve the Minutes of 3/11/03 as submitted by staff. Motion carried with Councilmember Beckstrand abstaining.
Item 5 Approve a Resolution amending the City Vehicle Operating Procedure, Policy 10-9.
Councilmember Gutierrez asked for clarification on why the policy was being revised.
Paul Zolfarelli, Director of Public Works, responded that since its inception in 1999, the Vehicle Policy no longer meets the needs of the City. Additions to the policy include a commuter policy, vehicle fleet review policy and vehicle life spans. He further stated that the vehicle commuter policy is written vaguely to meet the needs of reporting to the Internal Revenue Service.
RESOLUTION NO. 2819
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AMENDED POLICY 10-9, CITY VEHICLE OPERATING PROCEDURE.
It was moved/seconded by Gutierrez/Petrovich to waive full reading and approve Resolution No. 2819 as recommended by staff. Motion passed by the following vote:
AYES: Councilmembers Beckstrand, Gutierrez, Hill, Petrovich, Mayor Swisher
Item 8 Set the date of April 22, 2003 at 5:30 p.m. for the Joint City Council/Planning Commission Workshop regarding the proposed Vineyards at Marsh Creek Project located near Marsh Creek Road and the Southerly extension of Fairview Avenue.
Councilmember Hill asked that the Meeting be moved to May 13, 2003.
It was moved/seconded by Hill/Petrovich to Set the date of May 13, 2003 for the Joint City Council/Planning Commission Workshop regarding the proposed Vineyards at Marsh Creek Project located near Marsh Creek Road and the Southerly extension of Fairview Avenue. Motion carried unanimously.
9. Consideration of an Ordinance rezoning an approximate 14.19 acre site from R-2 and R-3 (Moderate and High Density Multi-Family Residential) to Planned Development Zone 63 (PD-63) and establishing development standards for property generally located south of Lone Tree Way and east of Shady Willow Lane.
Debbie Hill, Assistant Planner, introduced the item explaining that the subject property is an underdeveloped 14.7 acre site generally located south of Lone Tree Way and east of Shady Willow Lane. The property has been purchased by the Affordable Housing Development Corporation to develop a 178-unit apartment project. This project will provide 36 units of affordable housing to very-low income households. They are requesting a rezone of the property and the adoption of development standards in order to move forward with this project. The project is exempt from the RGMP process due to its location within the northwest quadrant. The recommendation to rezone and the design review for the project were approved by the Planning Commission on March 10, 2003. The proposed development standards are consistent with comparable multi-family zoning designations.
The Public Hearing was opened.
There being no one wishing to speak, the Public Hearing was closed.
ORDINANCE NO. 739
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE REZONING (RZ 02-02) OF A 14.7 ACRE SITE FROM A MIX OF R-2 AND R-3 (MODERATE AND HIGH DENSITY MULTI-FAMILY RESIDENTIAL) TO PLANNED DEVELOPMENT ZONE 63 (PD-63) AND ADDING SECTION 17.519 TO THE BRENTWOOD MUNICIPAL CODE WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR PD-63 GENERALLY LOCATED SOUTH OF LONE TREE WAY AND EAST OF SHADY WILLOW LANE (APNs 019-040-036, –037, AND -038).
It was moved/seconded by Petrovich/Hill to waive first reading and approve Ordinance No. 739 as recommended by staff. Motion passed by the following vote:
AYES: Councilmembers Beckstrand, Gutierrez, Hill, Petrovich, Mayor Swisher
10. Consideration of an appeal of the Planning Commission’s condition of approval requiring the installation of concrete tile roof material rather than dimensional composition shingles for design review 02-19/Conditional Use Permit 03-03 involving the development of a 40-Unit multi-family development at 161 Sycamore Court.
Winston Rhodes, Senior Planner, explained that on February 18, 2003 the Planning Commission held a public hearing to consider Design Review No. 02-19 / Conditional Use Permit 03-03 for Sycamore Place 2, a 40-unit senior apartment development proposed by Christian Church Homes. The Commission voted 5 – 0 to approve this Design Review and Conditional Use Permit application and included a condition of approval requiring the installation of concrete roof tile.
Don H. McCreary, on behalf of Christian Church Homes, has appealed the Planning Commission condition of approval requiring the substitution of concrete tile roofing for the applicant-proposed 30-year asphalt composition shingle roofing material. The appeal is being made on the basis of financial hardship. The applicant has provided bid material from two sources estimating the cost of providing concrete roof tile between $96,543.00 and $103,271.00. In the past, the Planning Commission has received testimony from roofing contractors that the cost of available concrete tile roof products is comparable with composition shingle material and the new lighter-weight concrete tile does not require additional structural support.
The Planning Commission regularly requires use of concrete roof tile throughout the City because of its superior durability to asphalt composition shingles and its high quality and lasting aesthetic appearance.
Based on the cost information provided, if the City Council upholds the Planning Commission's decision and denies the appeal, Christian Church Homes will seek additional financial assistance for Sycamore Place II from the City’s Redevelopment Agency to cover the added cost of concrete roof tile. If the City Council overrules the Planning Commission's decision and approves the appeal, Staff will return at the next City Council meeting with a resolution and appropriate findings to eliminate the condition of approval requiring installation of concrete roof tile.
The Public Hearing was opened.
Matt McCreary, representing Christian Church Homes, commented that since this is a single story project there is a large amount of roofing material.
Councilmember Petrovich asked Mr. McCreary the cost per unit.
Mr. McCreary responded that he was not sure.
There being no one else wishing to speak, the Public Hearing was closed.
Councilmember Hill commented that the project looks the same as it did when it was originally presented to the Planning Commission 1-1/2 years ago. He does not feel the concrete roof is necessary.
Councilmember Petrovich asked if the roof were structured for Concrete Tile.
Mr. McCreary responded that additional work would have to be done to support concrete tile.
Councilmember Gutierrez commented that she felt that a concrete tile roof would be more consistent with other roofs in the City.
Councilmember Beckstrand concurred with Councilmember Hill’s comments.
It was moved seconded by Petrovich/Hill to approve the appeal of the Planning Commission’s condition of approval requiring the installation of concrete tile roof material for DR 02-19/Conditional Use Permit 03-03. Motion carried with Councilmember Gutierrez voting no.
11. Consideration of an Ordinance amending Planned Development 30 Zone adding development standards for Subarea B for an 80-unit multiple family senior housing development on 3.43 acres located on the northwest corner of Garin Parkway and Oak Street.
Winston Rhodes, Senior Planner, stated that at the March 11, 2003 City Council meeting the Council requested additional information about the background and current status of the approximately 2.7 acres west of the project site in Subarea A of PD-30 before action is taken on this PD amendment. The 2.7 acres had been planned for a future recreation amenity at the time of tentative subdivision map approval. When the PD-30 Zone was established in 2001, the Liberty Union High School District had identified the need for a soccer field facility. The School District has since decided to upgrade the surface of its football field with artificial turf that will allow it to be used as a soccer field. Consequently, a soccer field is no longer needed by the School District in this area. According to the School District, negotiations are currently in progress with the owner for the purchase of the property for some other as yet undetermined, School District facility use. The School District has made it clear to City staff that the District still needs this 2.7-acre property for a public use and believes a negotiated agreement to purchase the property from the owner is forthcoming.
The subject property of this PD-30 amendment is an unimproved 3.43-acre site located at the northwest corner of Oak Street and the future extension of Garin Parkway east of Liberty High School. The site is designated as High Density Residential in the City’s General Plan. The property is proposed for development by Terra Nova Development with 80 proposed one-bedroom senior apartments and a 1,600 sq. foot community building. The Planning Commission recommended approval of this rezone request on February 18, 2003 and approved the related Design Review (DR 03-02) and Conditional Use Permit (CUP 01-26) requests for this project on the same date contingent upon City Council approval of this proposed zoning amendment to PD-30. The developer is requesting the zoning amendment to PD-30 at this time in order to adopt development standards for this area, which will enable them to move forward with this project.
Councilmember Hill commented that he did not feel the information requested at the last meeting was provided. He wants to know the language in the Conditions of Approval before he considers this item.
Mr. Rhodes responded that the Conditions of Approval that was placed on the map did not require dedication of the 2.67 acres to the City. The Conditions of Approval state “if required”.
It was moved/seconded by Petrovich/Hill to table Item 11 amending PD 30 Zone adding development standards for Subarea B for an 80-unit multiple family senior housing development on 3.43 acres located on the northwest corner of Garin Parkway and Oak Street until an agreement comes forward. Motion carried unanimously.
Leticia Smith, representing Child Watch, thanked Council for their support in The Week of the Young Child and provided Council with invitations to the event.
INFORMATIONAL REPORTS FROM COUNCIL MEMBERS
Councilmember Gutierrez reported that she attended the Planner Institute last week and found that the City of Brentwood is already doing many of the issues discussed.
Councilmember Beckstrand commented that she attended a Land Trust conference two weeks ago and found that the City of Brentwood was ahead of the curve compared to other Cities.
Councilmember Hill reported that he attended the East County Habitat Conservation Planning Meeting. It is important for the City o develop a master plan that is approved by the State Fish and Game and Federal agencies as it relates to conservation, development impacts and waterway impacts. Staff is moving forward with the development of a draft plan.
REQUESTS FOR FUTURE AGENDA ITEMS - none
There being no further business the meeting adjourned at 7:55 p.m.
Karen Diaz, CMC
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
Fax (925) 516-5441