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Meeting Minutes

MINUTES OF SEPTEMBER 26, 2006

CALL TO ORDER - 734 THIRD STREET, CITY COUNCIL CHAMBER (6:00 PM)
CITIZEN COMMENTS - None (6:01 PM)

1. City Council Closed Session pursuant to Government Code 54957.6: CONFERENCE WITH LABOR NEGOTIATOR. City’s Negotiator: Brian Swisher. Unrepresented Employee: City Attorney.

ADJOURN TO CLOSED SESSION - 150 City Park Way, CITY HALL CONFERENCE ROOM (6:01 PM)

RECONVENE IN OPEN SESSION - 734 THIRD STREET, CITY COUNCIL CHAMBER (06:58 PM)

Roll Call (06:58 PM)
Present: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

REPORT ON CLOSED SESSION (IF ANY) - None (06:58 PM)

AGENDA REVIEW - None (06:59 PM)

CITIZEN COMMENTS - None (06:59 PM)

Arnold Camba spoke about the round-abouts in the Garin Street/Oak Street area, and felt they created a traffic hazard. He requested a four-way stop, speed humps and conversion to a more pedestrian friendly intersection. He also spoke further regarding the lack of landscaping in his subdivision.  Pam Belmore spoke regarding William Lyon homes and the landscaping and asked when it would be complete, as dirt blows from the lot into her home. She expressed concerns about the traffic conditions on Chestnut Street and felt it was a hazardous situation.

Beth Pforr spoke regarding an increase in the amount of rats and felt it was due to the continued building in the City and the reduction of animal habitat.
Austin Yeri, Troop 729, said housing development had steadily increased. He said housing development could be decreased and the extra space converted to parks and retail. He felt housing development could be moved towards Concord Avenue.

Mayor Swisher welcomed all the members of Boy Scout Troop 729.


CONSENT CALENDAR (07:11 PM)

1. Approve minutes of the City Council/Redevelopment Agency meeting of September 12, 2006 and special meetings of September 5, 2006 and September 12, 2006. (M. Wimberly)

2. Reject the claim of Lisa Barone, presented on July 31, 2006, as recommended by the City’s third-party adjuster, Municipal Pooling authority of Northern California. (K. Chew/M. Holden).

3. Approve Fee Waiver for the Brentwood Art, Wine and Jazz Festival. (C. Bronzan/R. Burr-Siegel)

4. PULLED FOR DISCUSSION - Set the date of October 10, 2006, to hear the appeal of a Planning Commission decision regarding the Lone Tree Ranch project (GPA 06-01/RZ 06-06/DR 04-31/CUP 06-02), located at thesouthwest corner of Lone Tree Way and Gann Street (H. Sword/E. Nolthenius)

5. Waive second reading and adopt Ordinance No. 836 for a Prezoning (RZ 05-21) to PD (Planned Development) - 71 of approximately 19.73 acres (APN 018-230-034) located east of the terminus of Lone Tree Way and west of Marsh Creek for the Hanson Ranch property. (H. Sword/H. Kline)

6. Waive second reading and adopt Ordinance No. 837 for a Rezone (RZ 05-20) to amend PD-35 to create Subarea "I" and add specific development standards for Parkside Villas (Alexander Homes/Baca Properties), located south of Apricot Way and west of Fairview Avenue. (H. Sword/J. Zilm)

7. Waive second reading and adopt Ordinance No. 838 to add Chapter 9.50 to the Brentwood Municipal Code Prohibiting Medical Marijuana Dispensaries pending the completion of studies related to the impacts associated with such dispensaries. (M. Davies/B. Strock/H. Sword/H. Kline)

8. Adopt a Resolution approving Temporary Use Permit No. 06-11 to allow for the use of City-owned property for the staging of the annual Homecoming Parade sponsored by the Liberty Union High School for one day, Friday, October 20th between the hours of 5:00 pm and 7:30 pm. (H. Sword/J. Strandberg)

9. Adopt a Resolution approving Temporary Use Permit No. 06-13 to allow for the use of City-owned property for the staging of the annual Holiday Parade sponsored by the Brentwood Chamber of Commerce for one day, Saturday, November 18th between the hours of 1:00 pm and 4:00 pm. (H. Sword/J. Strandberg)

10. Adopt a Resolution approving the Contract Documents, awarding the Construction Contract and authorizing the City Manager to execute said Contract for the 118 Oak Street Remodel, CIP Project No. 337-37130 for Bid Package #6 - Electrical to Miller Electric & Technology in the amount of $96,370, plus a 10% contingency. (H. Sword/R. Kidwell)

11. Adopt a Resolution approving an amendment to the conditions of Temporary Use Permit No. 06-12 to allow for the use of City owned property for the staging of the annual Art and Wine Festival sponsored by the Brentwood Arts Commission for 3 days - Friday, September 29th, Saturday, September 30th and Sunday, October 1st, 2006, located within City Park and affecting the closure of surrounding streets. (H. Sword/J. Strandberg)

12. Adopt a Resolution approving a Memorandum of Understanding between the City of Brentwood ("City"), HPH Properties, L.P. dba Equus Group ("Equus"), the Liberty Union High School District ("LUHSD"), Glenn and Jeannie Stonebarger ("Stonebarger"), Andrew Ghiggeri, Roger Bjornstad and Jo Ann Ghiggeri Bjornstad ("Ghiggeri/Bjornstad"), each of whom is referred to as a "Party" and all collectively as the "Parties" to sign the Memorandum of Understanding. (H. Sword/C. Holman)

13. REDEVELOPMENT AGENCY CONSENT CALENDAR ITEM - Approve RDA Warrant list dated September 26, 2006. (P. Ehler/L. Schelbert)

CONSENT CALENDAR ACTIONS (07:11 PM)

Motion: approve Consent Calendar Items 1 - 3 and 5 - 13 as recommended. Item 4 pulled.
The City Clerk read Ordinances 836, 837 and 838.
Moved by Beckstrand, seconded by Brockman.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor
4. Set the date of October 10, 2006, to hear the appeal of a Planning Commission decision regarding the Lone Tree Ranch project (GPA 06-01/RZ 06-06/DR 04-31/CUP 06-02), located at the southwest corner of Lone Tree Way and Gann Street. (H. Sword/E. Nolthenius)

Dana Dean, representative for homeowners in the Sterling Preserve Housing Development, objected to any discussion or action of the Council regarding the item. She stated the appeal was not in compliance with the Municipal Code as it did not provide a reason for the appeal.

Kent Ipsen said a tremendous amount of work and community outreach had gone into the project. He asked to have the opportunity to present the project in front of the Council.

Motion: deny hearing the appeal.
Moved by Brockman, seconded by Taylor.

Council Member Gutierrez asked if the appeal met the City’s guidelines. City Attorney, Damien Brower, stated in 2002 the City Council amended the appeal provisions to greatly broaden the appeal standards. Prior to that, it was a narrow standard on when an appeal could be made. As it is written, the appeal needs to be on a certain  City form, which was received already, and the statement needed to be attached and needed to set forth the
specific grounds for the appeal. It does not say that there needed to be an error made by the Planning Commission. Based on past practice, staff felt there were specific grounds set forth in the letter by the appellant to bring this forward and therefore recommended that an appeal date be set.

Council Member Gutierrez’s asked if the Municipal Code provided specific grounds or categories. In response City Attorney, Damien Brower, stated the Code is very broad and does not specify what the reasons for appeal would need to be.

Council Member Brockman restated his motion to deny hearing the appeal.

City Attorney, Damien Brower, clarified the agendized item was not to deny the appeal, but whether or not to set a hearing date.
Vote: Motion failed 2-3.
Yes: Brockman; Taylor
No: Beckstrand; Gutierrez; Swisher

Motion: Set the date of October 10, 2006, to hear the appeal of a Planning commission decision regarding the Lone Tree Ranch project (GPA 06-01/RZ 06-06/DR 04-31/CUP 06-02), located at the southwest corner of Lone Tree Way and Gann Street.
Moved by Gutierrez, seconded by Swisher.
Vote: Motion carried 3-2.
Yes: Beckstrand; Gutierrez; Swisher
No: Brockman; Taylor

PUBLIC HEARINGS (07:23 PM)

14. WITHDRAWN BY THE APPLICANT - Appeal of a Planning Commission decision approving Conditional Use Permit No. 06-18 that allows the installation of a wireless telecommunication facility for Verizon Wireless, located south of realigned Concord Avenue and east of Fairview Avenue. (H. Sword/T. Nielsen)

15. WITHDRAWN BY THE APPLICANT - Appeal of a Planning Commission decision approving Conditional Use Permit No. 06-20 that allows the installation of a wireless telecommunication facility for Verizon Wireless, located south of San Jose Avenue and east of State Route 4 Bypass. (H. Sword/T. Nielsen)

16. Consideration of a Resolution adopting of a Negative Declaration and approval of the Residential Design Guidelines prepared in accordance with action program 1.2.6 of the City’s General Plan Housing Element. (H. Sword/D. Hill)

Associate Planner, Debbie Hill, presented a staff report and said the Design Guidelines document was intended to encourage architectural design and site layouts and would achieve a high quality result. The Guidelines provided direction and development goals for all types of housing units from single family units to multi family developments. Correspondence had been received from Loving and Compos Architects, Inc., which contained comments about the Design Guidelines being overly restrictive. She pointed out the comments contained in the correspondence were previously brought to staff’s attention in an identical letter back in July, 2006. The comments had been considered prior to the Planning Commission’s recommendation of the final draft version. Staff had brought forth the Planning Commission’s recommendation for approval of the Residential Design
Guidelines.

Council Member Beckstrand asked if staff had received any other responses or comments from any other architectural firms. Associate Planner, Debbie Hill, responded that staff had received input from five other architectural firms in addition to the comments from Loving and Campos. She had also included in the final document comments and input from twelve developers that staff had been in contact with.

Mayor Swisher opened the public hearing.

Norm Dyer, Loving and Campos Architects, said more options were needed in solving design problems. He discussed points made in his correspondence to the Council requesting flexibility regarding single story versus two to three stories; minimum lot size; multiple units; and common open space.

Dana Owyoung, Discovery Builders, asked if Discovery Builders were approved with the RGMP, would Discovery Builders be under the Design Guidelines, as a project had been allocated already. He felt comments related to the courtyard housing, motor court, and four unit lots seemed restrictive. He asked if the restrictions on the setback would be flexible. He felt that in a multiple family project, most of the products should be attached rather than detached.

Motion: Approve closing the public hearing.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

Council Member Gutierrez spoke in support of the item as it matched up with specific guidelines. It challenged anyone submitting an application with the City to raise the bar. She asked to focus on the four versus six cluster, set-backs and two story versus three story, and if any project new or existing projects would need to comply with the guidelines.

Associate Planner, Debbie Hill, said a new applicant would be subject to the Design Guidelines.

Council Member Taylor felt changes should not be changed in the middle of a project that has been submitted.

Associate Planner, Debbie Hill, stated the Design Guidelines presented were guidelines.
Mayor Swisher said guidelines were set for a reason. He was concerned the Design Guidelines may be too restrictive.

Council Member Gutierrez stated that while the Design Guidelines were restrictive it would require more creativity from applicants.

Senior Planner, Jeff Zilm, said Discovery Builders had been advised of new Design Guidelines coming in and since Discovery did not have any entitlements in Design Review or a Tentative Map, Discovery would need to adhere to the new Design Guidelines. They have received approval for RGMP for allotment and did not go into detail of what the design of the homes would be.

Mayor Swisher asked if the Design Guidelines had been restricted too much so the developer would not be able to use their allotment.

Council Member Taylor asked if there were other developers that had turned in plans and if the Design Guidelines would fit their projects.

Senior Planner, Jeff Zilm, said if the developer had gone through the design review process and received approval, the Design Guidelines would not apply, but if they had not received design review approval, the Design Guidelines would apply.

Planning Manager, Heidi Kline, stated applicants had been told about the Design Guidelines and drafts had been provided in the last six months. She addressed the four-cluster issues, and said all departments had looked at them. Staff felt a four-cluster was feasible given the trash equipment the City had and the Police Department’s concern with being able to view alleys. Staff had an ad-hoc policy in place and had told Discovery Builders when the RGMP was approved, that there could only be four in a cluster.

Council Member Taylor asked if the Design Guidelines would be flexible. Planning Manager, Heidi Kline, responded the Design Guidelines would be flexible since there were things in the Design Guidelines that would not meet every project. Planned Development Zoning Districts allowed for unusual lots.

Mayor Swisher said he believed round-abouts did not calm the traffic down as much as the Ctiy had hoped they would. Council Member Beckstrand said the only issue she had with the Design Guidelines was the round-abouts, and she asked to see the round-abouts re-addressed. She was in favor of the Design Guidelines and looked forward to the continued flexibility. She asked for more feedback between the Police Department and other City
departments with regard to the round-abouts.

Motion: Adopt Resolution 2006-235 adopting a Negative Declaration and approval of the Residential Design Guidelines prepared in accordance with action program 1.2.6 of the City’s General Plan Housing Element.

Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

Council Member Brockman said the Design Guidelines were not restrictive, and although the round-abouts did not work well, he liked them.

Motion: Approve Adopt Resolution 2006-236 approving the Residential Design Guidelines prepared in accordance with action program 1.2.6 of the City’s General Plan Housing Element, looking at additional alternatives for the round-abouts.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

17. Consideration of one-time six (6) month extension request for the previously approved 126 single-family lot allocation of the Residential Growth Management Program for the Mission Grove (Discovery Builders) project, located south of Balfour Road and east of Armstrong Way (H. Sword/J. Zilm)

Mayor Swisher declared a conflict of interest with the developer since he had subcontracted with them. He left the Council Chamber for Items 17 and 18.

Senior Planner, Jeff Zilm, presented a staff report and said a new Tentative Map application would be submitted with the Design Review to move forward with groupings of no more than four. The product would be revised to what the Design Guidelines were. The RGMP Committee recommended the time extension be approved for six months, ending November 28, 2006.

Vice Mayor Gutierrez opened the public hearing.
Monte Davis, Discovery Builders, asked Council to grant the extension and said Discovery Builders’ map was modified to adapt to the new Residential Guidelines.

Dana Owyoung, Discovery Builders, said Discovery Builders would come forth with a redesign regarding the clusters. It was a change in the total site plan and it was not only the cluster but the architecture developed for the site plan and there was a lot of time and money expended in the project.

Motion: Approve closing the public hearing.
Moved by Gutierrez, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Abstain: Swisher

Motion: Adopt Resolution 2006-237 approving a one-time six (6) month extension request for the previously approved 126 single-family lot allocation of the Residential Growth Management Program for the Mission Grove (Discovery Builders) project, located south of Balfour Road and east of Armstrong Way

Moved by Beckstrand, seconded by Brockman.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Abstain: Swisher

18. Consideration of one-time six (6) month extension request for the previously approved 28 single-family lot allocation of the Residential Growth Management Program for the Magnolia (Discovery Builders) project, located west of Brentwood Boulevard and south of Marsh Creek. (H. Sword/J. Zilm)

Senior Planner, Jeff Zilm, presented a staff report and said the project had the same issue of clusters and the map had been redesigned and a preliminary map submitted. The Design Review committee was in favor of the new map and staff recommended approval of the six month time extension.

In response to Council Member Taylor’s question regarding allotments, Senior Planner Zilm clarified the allotment was for 28 allotments, the map shows 34 allotments, the additional six lots are to meet the affordability requirements.

Vice Mayor Gutierrez opened the public hearing.

Joan Douglas, member of Friends of Marsh Creek Watershed, expressed concern that the project abuts the creek and felt issues related to buffers along the creek should be addressed. She felt there needed to be a minimum of a 50 percent set back from the creek to aid in creating a nice creek habitat. She requested Council review
policies related to development along Marsh Creek. Monte Davis, Discovery Builders, asked Council to grant an extension for the project as the tentative map was
modified to meet the Residential Design Guidelines. He said Joan Douglas had good points and felt some of them could be incorporated into the project.

Motion: approve closing the public hearing.
Moved by Gutierrez, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Abstain: Swisher
Motion: Approve Adopt Resolution 20060-238 approving a one-time six (6) month extension request for the previously approved 28 single-family lot allocation of the Residential Growth Management Program for the Magnolia (Discovery Builders) project, located west of Brentwood Boulevard and south of Marsh Creek. (H. Sword/J. Zilm)
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Abstain: Swisher

19. Consideration of a Resolution adopting a mitigated Negative Declaration for the Second Street / Pine Street Traffic Signal, CIP Project No. 336-31580. (B. Grewal/P. Eldredge)

Mayor Swisher returned to the Council Chamber at 8:09 p.m. and joined the Council at the dais.

Public Works Director, City Engineer, Bailey Grewal, presented a staff report, and said in an effort to improve pedestrian flow and safety for students crossing Second Street, it had become a necessity to add a traffic signal and add improvements to the intersection as well as to the high school pick up and drop off areas. A Mitigated Negative Declaration had been prepared in accordance with the California Environmental Quality Act and staff  had not received any comments. Staff recommended approving the adoption of a Mitigated Negative Declaration so the project could move forward.

Mayor Swisher opened the public hearing.

Barbara Guise asked when the Bypass was completed, if the state would be able to fund Second Street improvements since there would not be a train.

Motion: Approve closing the public hearing.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

Motion: Approve Adopt Resolution 2006-239 adopting a Mitigated Negative Declaration for the Second Street /Pine Street Traffic Signal, CIP Project No. 336-31580.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

NEW BUSINESS (08:11 PM)

20. Adopt a Resolution approving and authorizing City Manager or her designee to execute Amendment No. 3 to Purchase Agreement with Pizzagoni Family, Inc., to extend the closing date for sale of property at Sunset Industrial Complex. (H. Sword/G. Rozenski)

Redevelopment Manager, Gina Rozenski, presented a staff report and said Pizzagoni had made good faith efforts to comply with obligations. Staff requested Council consider approval of the extending the close date from September 30, 2006 to December 15, 2006 for the property.

Mayor Swisher requested public comments.
Motion: Adopt Resolution 2006-240 approving and authorizing City Manager or her designee to execute Amendment No. 3 to Purchase Agreement with Pizzagoni Family, Inc., to extend the closing date for sale of property at Sunset Industrial Complex.

Moved by Gutierrez, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

INFORMATIONAL REPORTS FROM STAFF - No action required (08:13 PM)

21. Informational Report on Housing Voucher Program and Residential Business License Information from other cities. (H. Sword/K. Reed)

22. Informational Report on Subdivision No. 9095, Barrington Phase II, developed by Standard Pacific, located east of Brentwood Boulevard and south of Sunset Road; Final Map Approval. (M. Wimberly)

23. Informational Report on Subdivision No. 9096, Barrington Phase III, developed by Standard Pacific, located east of Brentwood Boulevard and south of Sunset Road; Final Map Approval. (M. Wimberly)

24. Informational Report on Subdivision No. 9097, Barrington Phase IV, developed by Standard Pacific, located east of Brentwood Boulevard and south of Sunset Road; Final Map Approval. (M. Wimberly)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (08:14 PM)
Council Member Taylor reported on his attendance at the John Marsh Remembrance Day in Pacheco.

Council Member Beckstrand said the Bypass Authority awarded the construction contract to DeSilva Gates for Segment 3 of the Highway 4 Bypass, work on that segment should commence in the next few months.

REQUESTS FOR FUTURE AGENDA ITEMS (08:16 PM)

Council Member Gutierrez requested information on the differences between developments and what is required for buffers around Marsh Creek in relation to flood control and the RGMP.

ADJOURNMENT (08:17 PM)

Motion: approve adjournment.
Moved by Swisher, seconded by Beckstrand.
Vote: Motion carried 5-0.
Yes: Beckstrand; Brockman; Gutierrez; Swisher; Taylor

Respectfully submitted,

Cynthia Garcia, CMC
Assistant City Clerk

 

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