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Meeting Minutes

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

 

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