CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, MARCH 14, 2006
COUNCIL CHAMBER, 7:00 P.M.
CALL TO ORDER (6:01 PM) 734 Third Street, Brentwood, CA 94513
Roll Call
Present: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher
CITIZEN COMMENTS - None (6:00 PM)
WORKSHOP (6:01 PM)
Code Enforcement Program Workshop (H. Sword/R. Kidwell/B Arteaga)
RECONVENE (07:00 PM)
Roll Call
Present: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher
PRESENTATIONS (07:01 PM)
A. New Employee introduction and Oath of Allegiance.
Police Chief, Michael Davies, introduced new Police Officer, Russell Miller.
Vice Mayor, Ana Gutierrez, administered the Oath of Allegiance.
B. Proclamation for Greg Robinson, 2006 Citizen of the Year.
Greg Robinson was present and accepted the proclamation.
AGENDA REVIEW (07:07 PM)
Items 15 & 16 Clarification to informational reports regarding Subdivision
Nos. 8875 and 9011, Sterling Preserve III, by Meritage Homes.
Motion: Approve Agenda Review Items 15 and 16 as recommended.
Moved by Taylor, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher
CITIZEN COMMENTS (07:07 PM)
CONSENT CALENDAR - None (07:09 PM)
1. PULLED FOR DISCUSION - Approve minutes of the City Council/Redevelopment
Agency meeting held February 28, 2006. (M. Wimberly)
2. Adopted Resolution 2006-41 amending the 2005/06 - 2009/10 Capital
Improvement Program (CIP) to include the budget for planning, design, and
construction for the remodel of 118 Oak Street. (H. Sword/R. Kidwell)
3. Adopted Resolution 2006-42 approving and authorizing the City Manager to
sign a Consulting Agreement for Professional Aquatic Safety and Risk
Management services with Jeff Ellis & Associates, Inc. for calendar year
2006. (C. Bronzan/M. Kaiser)
4. Appointed Catherine Perez to the Arts Commission for a three-year term to
end December 31, 2008. (C. Bronzan/R. Burr-Siegel)
5. Approved the appointments of Claudette Naturel-Staton and Johnny Staton
to the Brentwood Advisory Neighborhood Committee (BANC) for a three-year
term commencing March 14, 2006 and ending December 31, 2008. (Council Member
B. Taylor)
6. Rejected claim of Brentwood Unified School District. (M. Wimberly)
7. Adopted Resolution 2006-43 accepting Improvements for Montelena I, Centex
Homes Subdivision No. 8469, located north of Apricot Way and west of
Fairview Avenue. (B. Grewal/D. Galey)
8. Waived second reading and adopted Ordinance 820 (RZ 06-04) amending Sub
Area "F" of the PD-67 Zone, correcting minor discrepancies between the
approved building setbacks and the approved master plotting plan for the
cluster homes within the Siena Village project, located off of Cortona Way,
north of Balfour Road and west of the State Route 4 Bypass. (H. Sword/E.
Nolthenius)
9. Adopted Resolution 2006-44 accepting the Water Master Plan Update. (B.
Grewal/P. Eldredge)
10. Adopted Resolution 2006-45 approving an Affordable Housing Agreement
between the City of Brentwood and Meritage Homes of Northern California,
Inc. for Subdivision 8875 - Sterling Preserve III. (H. Sword/K. Reed)
11. PULLED FOR DISCUSSION - Approved the Arts Commission’s recommendation of
Diane Lando as the City’s second Poet Laureate. (C. Bronzan/R. Burr-Siegel)
12. Adopted Resolution 2006-46 supporting an initiative titled
"Transportation Funding Protection Act of 2006". (D. Landeros/M. Wimberly)
CONSENT CALENDAR ACTIONS (07:09 PM)
Motion: Approve Consent Calendar Items 2 - 10 and 12 as recommended.
The City Clerk read the title of Ordinance 820.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher
1. Approve minutes of the City Council/Redevelopment Agency meeting held
February 28, 2006. (M. Wimberly)
Council Member Brockman recommended changes to City Council/Redevelopment
Agency minutes of February 28, 2006, regarding Items 13 and 15.
Motion: Approve minutes of the City Council/Redevelopment Agency meeting
held February 28, 2006 with changes recommended by Council Member Brockman
to Item 13 of the March 14, 2006 agenda packet, relating to RGMP
applications and Item 15, regarding term of Mayor.
Moved by Beckstrand, seconded by Brockman.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher
11. Approved the Arts Commission’s recommendation of Diane Lando as the
City’s second Poet Laureate. (C. Bronzan/R. Burr-Siegel)
Council Member Beckstrand introduced Diane Lando, who had been selected to
be the City’s second Poet Laureate.
Motion: Approve the Arts Commission’s recommendation of Diane Lando as the
City’s second Poet Laureate.
Moved by Beckstrand, seconded by Brockman.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher
PUBLIC HEARINGS (07:13 PM)
13. Adopted a Mitigated Negative Declaration; introduced and waived first
reading of Ordinance 821 for a Rezone (RZ 05-12) amending Planned
Development 42 (PD-42), Subarea F, to restrict medical office uses to one
building only within the Gregory Ranch Office Condominium project (Design
Review 05-15). The project is located at the southeast corner of Business
Center Drive and Technology Way. (H. Sword/D. Hill)
Associate Planner, Debbie Hill, presented a staff report, and stated staff
was bringing forward the recommendation of the Planning Commission for the
adoption of the Mitigated Negative Declaration for the project and for the
rezone amendment.
Vice Mayor Gutierrez opened the public hearing.
Nathan Lorenzenni, Seeno Land Development, agreed with the recommendations
of staff.
Motion: Approve closing the public hearing.
Moved by Brockman, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher
Motion: Approve Resolution 2006-47 adopting a Mitigated Negative Declaration
and introduced and waived first reading of Ordinance 821 for a Rezone (RZ
05-12) amending Planned Development 42 (PD-42), Subarea F, to restrict
medical office uses to one building only within the Gregory Ranch Office
Condominium project (Design Review 05-15). The project is located at the
southeast corner of Business Center Drive and Technology Way.
The City Clerk read the title of Ordinance 821.
Moved by Brockman, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher
14. Introduced and waived first reading of Ordinance 822 for a Rezone (RZ
05-13) amending Planned Development 42 (PD-42), Subarea "E", to establish
development standards and modify uses for the Sand Creek Retail project
(Design Review 05-16). The project is located at the southwest corner of
Sand Creek Road and business Center Drive. (H. Sword/D. Hill)
Associate Planner, Debbie Hill, presented a staff report, and stated the
proposed rezone would amend the permitted and conditionally permitted uses
within the subarea and establish development standards for setbacks, minimum
lot size and height for the Sand Creek retail project.
Vice Mayor Gutierrez opened the public hearing.
Motion: Approve closing the public hearing.
Moved by Gutierrez, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher
Motion: Introduced and waived first reading of Ordinance 822 for a Rezone
(RZ 05-13) amending Planned Development 42 (PD-42), Subarea "E", to
establish development standards and modify uses for the Sand Creek Retail
project (Design Review 05-16). The project is located at the southwest
corner of Sand Creek Road and business Center Drive.
The City Clerk read the title of Ordinance 822.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher
INFORMATIONAL REPORTS FROM STAFF - No action required (07:20 PM)
15. Informational Report on Subdivision No. 8875, Sterling Preserve III,
developed by Meritage Homes, located north of Grant Street and west of
O’Hara Avenue; Final Map Approval. (M. Wimberly)
16. Informational Report on Subdivision No. 9011, Sterling Preserve III,
developed by Meritage Homes, located north of Grant Street and west of
O’Hara Avenue; Final Map Approval. (M. Wimberly)
INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (07:20 PM)
17. Verbal Report on the Highway 4 Bypass and sound mitigation for the
adjacent Summerset IV Community. (Council Member Beckstrand)
Council Member Beckstrand presented a history of the environmental impact
report for the Highway 4 Bypass, stating that the Bypass Authority completed
a supplemental environmental impact report in 2003 for the area.
Subsequently, the residents in the area had been seeking clarification and
understanding. Additional noise studies had been done and interpretations of
the environmental impact report. Reports had come back that some of the
noise would reach possibly 63 decibels, which was still under the Caltrans
requirement of 65 decibels for their additional mitigation requirements, but
did exceed the City’s General Plan designation of 60 decibels. At numerous
meetings, residents worked with Dale Dennis, Project Manager for the Bypass
Authority, and urged him to bring forward recommendations. At last
Thursday’s Bypass Authority Board meeting, three recommendations were
brought forward. The first recommended alternative was rubberized asphalt,
at a cost of roughly $70,000 and was generally accepted as noise mitigation.
The second recommended alternative was an eight-foot high sound wall that
ran 1,500 feet. Recommended alternative 3 was a sound wall that extended
3,000 feet and was 14-feet high. It was evident the other Bypass Authority
Board Members were interested in recommendation one. She felt more was
needed and met with the City Manager and City Engineer about applying money
towards landscaping, coupled with Alternative 2, the 1,500 foot-long,
eight-foot high sound wall. She asked the Bypass Authority to accept
Alternative 2 and she let them know she would go back to City Council and
ask for $200,000 in landscape mitigation. The Bypass Authority would be
responsible for implementing the landscaping in a fashion that would help
with noise attenuation and visibility mitigation and unanimously voted to
combine Alternatives 1 and 2 together to have rubberized asphalt as well as
an eight-foot sound wall for the length of 1,500 feet. The Bypass Authority
asked that the City be willing to maintain the landscaping and she did not
agree to bring that back to Council. She requested that an agenda item be
brought back in the near future for the City Council to support the Bypass
Authority in Alternatives 1 and 2, including $200,000 from City funds to
contribute to landscaping mitigation for the project.
The following Summerset IV residents said they felt that the eight-foot wall
would not mitigate sound for residents and requested a 14-foot high wall,
1,500 feet in length:
Felice Underwood
Mark Underwood
Rose Strother
Donna Meyer
Phyllis Sherman
John Law
Tom Meyer
Jeff Morris (requested 3,000 feet in length)
Ken Harris
Stephen Smith
Jerry Hernandez
Larry Siegel
Council Member Beckstrand clarified the fees paid by developers were roadway
fees and went to general transportation projects and roadway construction
for regional projects, and included various forms of mitigations. If
Caltrans or the Bypass Authority came forward to add any additional lanes in
the future, it would open the door on environmental impact and mitigation
for residents anywhere in the project area.
Vice Mayor Gutierrez said she heard that the desire of the Summerset
residents was to have a 14-foot sound wall and that there was a concern
about property values.
REQUESTS FOR FUTURE AGENDA ITEMS (08:24 PM)
Council Member Beckstrand requested staff bring forward an agenda item that
outlined funding and details of moving in the direction to support the
Bypass Authority’s position to do the landscaping mitigation. She asked the
City Attorney to consider bringing back some of the items she had noted, as
taken from comments this evening, as part of the decision making process.
Council Member Brockman requested cost factors, as far as availability of
funds and where funding would come from, also be included.
Vice Mayor Gutierrez requested clarification on the contingency fund and
report of where the money would come from for the project.
Council Member Taylor said he had items for discussion regarding the sound
wall.
City Manager, Donna Landeros, said the item could be placed on the March 28,
2006, agenda. Council Members could forward comments to staff to be included
in the staff report.
Council Member Taylor asked about the timeline.
Council Member Beckstrand said Council could come forward with something
they supported, that could affect the construction process, and Council
would be responsible for considering costs and impacts and the Bypass may
expect the City to pay, with regards to an official change order document.
It would then go to the Bypass Authority. Since the bid package is done, any
additional items would be included in a contract change order.
City Manager, Donna Landeros, said Council could e-mail staff if they had
additional questions to be included in the staff report.
INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (08:31 PM)
Council Member Brockman said BALT had not met today and the meeting was
postponed. He had met with Walter Kaiser, the consultant hired to work on
agricultural mitigation and the obtaining of easements in the agricultural
core area. He requested a future agenda item on the Urban Limit Line issue
and requested a series of workshops be held for the community.
City Manager, Donna Landeros, explained the City did not have a ballot
measure pending but the County did and it would be more educational.
Council Member Brockman said he encouraged education and asked that people
be involved and provide input regarding the Urban Limit Line.
Council Member Taylor said he and City Manager, Donna Landeros, attended the
Mayors' conference and in an emergency, the City would be well protected. He
spoke about a new law which addressed the disposal of batteries and
flourescent lighting and asked about a process for diseminating the
information and requested a future agenda item.
ADJOURNMENT (08:37 PM)
Motion: approve adjournment.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher
Respectfully Submitted,
Cynthia Garcia, CMC
Assistant City Clerk |