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CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, MARCH 13, 2007
COUNCIL CHAMBER, 7:00 P.M.

RECONVENE CITY COUNCIL/CONVENE REDEVELOPMENT AGENCY (07:04 PM)

Roll Call
Present: Becnel; Brockman; Richey; Stonebarger; Taylor

PRESENTATIONS (07:04 PM)

A. Recognizing Frank Lideros for his service in Afghanistan

Mayor Taylor presented a proclamation to Associate Engineer, Frank Lideros. Mr. Lideros accepted the proclamation and presented an American flag to the City, which had been flown in Afghanistan over the area he had served in under Operation Enduring Freedom.

B. New Employee Introductions and Oath of Allegiance

Director of Parks and Recreation, Craig Bronzan, introduced Kirk Waller Recreation Coordinator.

Chief Mark Evenson introduced new Police Officers, Joseph Lang, Mathew King, Michael Muscutt, and Richard Knox.

Mayor Taylor administered the Oath of Office to new employees.

PUBLIC COMMENTS (07:17 PM)

Terry Tonge, Guy Houston’s Office, said Assemblyman Houston had been appointed to serve on the Assembly Committee on Transportation and was also the Vice Chair for the Assembly Local Government Committee, continued to serve on the Banking and Finance Team. Priorities for Assemblyman Houston included education and equalization and he was successful in obtaining $350 million, some of which went to Brentwood school districts to equalize and he introduced AB 1638 to assist with the deficeit and he was working to increase the supply of special education teachers in public schools. Assemblyman Houston worked hard on bonds for transportation issues. Ms. Tonge spoke about the Port to Port Coalition Board and Vasco Road. She said Assemblyman Houston, the Brentwood Police Department, California Highway Patrol, Supervisor Piepho and Senator Torlakson were working closely on solutions to keep the focus on Vasco Road and Marsh Creek Road.

Police Chief, Mark Evenson, presented an update on Vasco Road and Marsh Creek Road and said through the efforts of the task force and the grant, the City worked with Livermore and Highway Patrol, extra patrols had been started on Vasco Road and resulted in 555 citations and he believed the partnership had a good impact on the safety of Vasco Road.

May Taylor said he felt an increased presence of the California Highway Patrol had a positive impact on the community.

CONSENT CALENDAR (07:27 PM)

1. Approved minutes of the City Council/Redevelopment Agency meeting of February 27, 2007. (M. Wimberly)

2. Accepted the resignation request of Arts Commissioner Doreen Forlow. (C. Bronzan/R. Burr-Sigel)

3. Directed staff to set a date for a workshop to receive a report from City Gate Associates related to fire services. (Mayor Taylor)

4. Adopted Resolution 2007-40 approving and authorizing the purchase of a replacement Solid Waste backhoe loader from Pape Machinery and authorizing the City Manager or her designee to execute a purchase order and necessary documents in an amount not to exceed $124,255.89. (B. Grewal/C. Ehlers/J. Carlson)

5. Adopted Resolution 2007-41 approving and authorizing the purchase of a replacement Water Division John Deere backhoe from Pape Machinery and authorizing the City Manager or her designee to execute a purchase order and necessary documents in an amount not to exceed $110,280.44. (B. Grewal/C. Ehlers/G. Skym)

6. Adopted Resolution 2007-42 accepting the work performed by Granite Construction Company for the 2006 Pavement Management Program, CIP Project No. 336-30830, and directing the City Clerk to file a Notice of Completion with the County Recorder. (B. Grewal/C. Ehlers/J. Gallegos)

7. Adopted Resolution 2007-43 accepting the work performed by Sierra Cabinet & Millwork, Inc. for Bid Package #11 - Casework at 118 Oak Street for the 118 Oak Street Remodel, CIP Project No. 337-37130, and direct the City Clerk to file the Notice of Completion with the County Recorder. (H. Sword/R. Kidwell)

8. Adopted Resolution 2007-44 approving and authorizing the City Manager to execute an amendment to a Professional Services Agreement with Contra Costa County Officials increasing the agreement amount from $33,000 to $60,000 and changing the time of payment. (P. Scherff/T. Burt)

9. Adopted Resolution 2007-45 approving the classification description and salary range for Regulatory Compliance Supervisor. (K. Chew/P. Standley)

10. PULLED FOR DISCUSSION - Adopt a Resolution approving the speed limits for sections of Fairview Avenue, O’Hara Avenue and Grant Street, within the City of Brentwood. (B. Grewal/S. Kersevan/T. Wooten)

11. Adopted Resolution 2007-46 approving and authorizing the City Manager to execute a Construction Contract and necessary documents for the Sand Creek Road Widening-UPRR to O’Hara Avenue, CIP Project No. 336-31680, and the Community Beautification CIP Project No 522-52220, to Bay Cities Paving & Grading, Inc., in the amount of $827,440.66, plus a 10% contingency of $82,744.07, for a total amount of $910,184.73. (B. Grewal/B. Bornstein)

12. Adopted Resolution 2007-47 accepting all offers of dedication for rights-of-way, easements, parcels of land and other rights as shown on the Final Maps; accepting all public improvements for maintenance; accepting the Subdivision Maintenance Bonds; and releasing the Subdivision Improvement Securities for Deer Ridge Subdivision Nos. 7690, 8310-Phase I and 8484, located south of Balfour Road and west of John Muir Parkway, developed by California Sun-Brentwood, LLC. (B. Grewal/D. Galey)

13. Adopted Resolution 2007-48 approving and authorizing the City Manager or designee to execute Amendment No. 1, to the three party agreement entitled "Real Property Exchange/Grading/Public Improvement Agreement," between Landgraf, California Sun-Brentwood, LLC ("Cal Sun") and the City of Brentwood, modifying Cal Sun’s obligations to Parcels G and H, for the John Muir Parkway Extension / Foothill Drive - Phase I, CIP Project No. 336-31640; generally located west of Concord Avenue and south of Ventura Drive. (B. Grewal/M. Sullivan)

14. Adopted Resolution 2007-49 approving and authorizing the City Manager or designee to execute a Professional Services Agreement with JSP Automation in the amount of $43,300, plus a 10% contingency of $4,330, for a total amount of $47,630, for programming and system configuration for various potable water facilities associated with the Water Distribution Telemetry/SCADA System, CIP Project No. 562-56200. (B. Grewal/P. Eldredge)

15. PULLED FOR DISCUSSION - Approve a recommendation by the Agricultural Enterprise Committee for the City Council to submit a formal request to County’s Community Development Department for financial participation in the acquisition of 3900 Sellers Avenue for the purpose of developing an Agricultural Park and History Center in partnership with the East Contra Costa Historical Society and Museum. (H. Sword/L. Maurer)

16. Adopted Resolution 2007-50 approving a Purchase and Sale Agreement with Mery Lynn Nail and Lorriane Visher, or their authorized representative, for real property identified as 3900 Sellers Avenue, APN 015-010-065, accepting real property on behalf of the City of Brentwood and authorizing the City Manager to execute the agreement, and such other documents as may be needed to complete the transaction including acceptance of the Deed; and approving an amendment to Fund 263 in the 2006-07 operating budget not to exceed of $1,080,000. (H. Sword/L. Maurer)

17. Waived second reading and adopted Ordinance 840 approving a rezone (Rezone 06-14) to amend Planned Development (PD) 49 Zone, Subarea C to allow a minimum required setback of 15 feet from the Balfour Road right-of-way affecting approximately 3.35 acres located generally south of Balfour Road, east of John Muir Parkway, and west of Eagle Rock Avenue. The rezoning request proposed is part of the Vic Stewart’s restaurant and shopping center. (H. Sword/T. Nielsen)

CONSENT CALENDAR ACTIONS

Motion: Approve Consent Calendar Items 1 -9, 11 - 14 and 16 - 17 as recommended.
The City Clerk read the title of Ordinance 840.
Moved by Brockman, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

10. PULLED FOR DISCUSSION - Adopt a Resolution approving the speed limits for sections of Fairview Avenue, O’Hara Avenue and Grant Street, within the City of Brentwood. (B. Grewal/S. Kersevan/T. Wooten)

Director of Public Works/City Engineer, Bailey Grewal, said once speed limits were adopted by Resolution, the speed limits could be enforced by radar. The City followed the California Vehicle Code.

Motion: adopt Resolution 2007-51 approving the speed limits for sections of Fairview Avenue, O’Hara Avenue and Grant Street, within the City of Brentwood.
Moved by Taylor, seconded by Brockman.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

15. Approve a recommendation by the Agricultural Enterprise Committee for the City Council to submit a formal request to County’s Community Development Department for financial participation in the acquisition of 3900 Sellers Avenue for the purpose of developing an Agricultural Park and History Center in partnership with the East Contra Costa Historical Society and Museum. (H. Sword/L. Maurer)

Council Member Richey referenced a letter from Supervisor Mary Piepho and he asked about the County given the proposed purchase of the property.

Economic Development Manager, Linda Maurer, said the recommendation was from the Agricultural Enterprise Committee to make a formal request to the County to begin a dialogue with respect to the property. Property line issues had been resolved and the City would focus efforts on acquisition and begin discussions and negotiations with the County regarding financial participation with regard to the project. Parks Department would take the lead on concept development and the City welcomed the County to participate in discussions.

Council Member Brockman said a request to the County for funding had been made over a year ago and the funds had never been brought forward. The City was presenting an opportunity to the County to contribute funding and show support to conserve property.

Motion: approve a recommendation by the Agricultural Enterprise Committee for the City Council to submit a formal request to County’s Community Development Department for financial participation in the acquisition of 3900 Sellers Avenue for the purpose of developing an Agricultural Park and History Center in partnership with the East Contra Costa Historical Society and Museum.
Moved by Richey, seconded by Brockman.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

PUBLIC HEARINGS (07:36 PM)

18. CONTINUED FROM JANUARY 9, 2007 - Consideration of an Ordinance amending in part Chapter 17.725 of the City of Brentwood Municipal Code and Ordinance No. 790 relating to the City’s Affordable Housing Program. (H. Sword/E. Bonneville)

Motion: continue the public hearing to April 24, 2007 - CONTINUED FROM JANUARY 9, 2007 - Consideration of an Ordinance amending in part Chapter 17.725 of the City of Brentwood Municipal Code and Ordinance No. 790 relating to the City’s Affordable Housing Program.
Moved by Richey, seconded by Becnel.
Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

19. CONTINUED FROM FEBRUARY 27, 2007 - Adopt a Resolution approving a Residential Growth Management Program (RGMP) application for the Ferro/Ronconi property, submitted by KB Homes, granting an allocation for 203 market rate residential units on approximately 42.23 acres, located at the northeast corner of Balfour Road and Griffith Lane (APN 012-130-006 and 012-130-007). (H. Sword/J. Zilm)

Senior Planner, Jeff Zilm, presented a staff report and said the proposed number of market rate units to be allocated was 203 with eight affordable units, a total of 211 lots, for the Residential Growth Management Program for KB Homes.

Mayor Taylor stated the public hearing was not closed at the last meeting and public comments would be heard.

Applicant, Jim Schmidt, KB Homes, read a letter dated March 13, 2007, submitted by KB Homes regarding the RGMP. KB Homes had met with two neighborhood groups regarding development of the propety. The neighborhood groups discussed density, traffic, noise, fences and other issues. KB Homes felt the neighborhood meetings were productive. KB Homes asked that Council consider approving the RGMP allocations and KB Homes would continue to work with the City and the neighborhood groups towards a plan that would be acceptable to all. Part of the process would be a careful consideration of the project density and the location of product type in relation to the surrounding neighborhood or the RGMP allocation could be revised to reflect the final number of units in the project. KB Homes would turn in its tentative map application to the City and begin the environmental analysis. KB Homes would work with City staff to mitigate concerns expressed by the neighborhood groups. KB Homes remained committee to working with the City and neighbors. Planning Commission and Council develop the project.

Mayor Taylor opened the public hearing.

Gail Meyers said she was concerned about density, waiting room only for children to get into the school, bussing and traffic issues.

Denise Barrios referred to an e-mail she had sent regarding high density development and traffic. She was opposed to the proposed development because of traffic and said a development that blended with existing homes was needed. She asked Council to reject proposal and not approve the Residential Growth Management Program.

Jack Bunker said there was no reason to settle for a high density project and felt increased traffic would impact existing residents. Small lots would create a rental neighborhood and could reduce surrounding property values. He felt the home density should be reduced from five to three houses per acre and should be high quality. He was concerned about traffic noise and said the existing retaining wall on Balfour Road needed to be replaced with a ten-foot wall and speeds reduced to 35 mph.

Jack Harrison said a soundwall was needed on McClarran Road for traffic.

Maria Ornalis said the density was too high and she asked to bring the number of homes down to 175. The traffic was tremendous and the streets were not wide enough.

Yvonne Capps said 211 homes would bring more traffic and she felt noise levels from Balfour Road already exceeded residential levels. She said the sound wall was was needed and should be up to standards with codes and matches the soundwall that KB Homes would install. She asked what the height of the wall that existing piers would hold and she believed a study should be done.

Cathy Case spoke about McClarran Road and said a traffic study had been done. A traffic signal was needed at McClarran Road and Walnut Boulevard. She requested a traffic study be conducted and traffic laws enforced, especially during the time when children were traveling to and from school. She expressed concerns about multi family housing and increased traffic. She felt the development would create gang problems. She encouraged the consideration of speed bumps, traffic signs and a signal at Griffith Lane and McClarran Road.

Steve Lopez said there were already houses available and asked why more would be built. He spoke about the County handling the Section 8 program. He felt Section 8 would contribute the the deterioration of the neighborhood and more Police services would be needed. The City needed to maintain its standards.

Pat Casey said her concerns had been discussed and she urged Council not to vote to approve the project or to have KB Homes make the plans over before approving.

Karen Armstrong said she was a concerned homeowner in an area she loved. She would like the area to be a park and was afraid if the project was accepted as it was at 211 units, it would be difficult to lower the number of units allotted. The nearby school was small and was overcrowded and children would need to go somewhere else. She asked Council not to approve the 211 units and asked KB Homes to go back to the drawing board, re-work plans and make a minimum standard of 6,000 square foot lots.

Barbara Guise felt high density belonged downtown in the core of the City. She asked for the project to be compatible with what was already there and zero lot lines and 4,000 square foot properties were not desireable in the area. She asked Council to support the neighborhood.

An unidentified woman submitted signatures from Walnut Woods and Walnut Meadows. She spoke about a sound study prepared by KB Homes and noise in the area. She believed traffic was much louder in peak times than what was reported in the study. She did not see how an allocation could be granted without further studying the impact on residents.

Sandra Alanzo said she was opposed to the development and believed it would bring crime, gangs and drugs. She felt the property needed to be a park.

David McIntosh said he had moved away from a development that was mostly rental properties and the development was not good for the residents. There were too many houses on a small area and he was opposed to project.

Motion: close the public hearing.
Moved by Becnel, seconded by Richey.
Vote: Motion carried 5-0.
Yes: Brockman; Taylor; Becnel; Richey; Stonebarger

Council Member Richey felt 211 units were too many.

Council Member Becnel said the project was at the high end of the density range and needed to be at medium range. He spoke about KB Homes letter and said the plan needed to be revised before Council approved it.

Council Member Brockman said he had a problem with affordable housing and felt the City requirements were not met. He wanted to see a park there. He agreed with Council Member Becnel that if Council accepted as the project as it was, Council would be allocating the units. The development would pay for improvements on Balfour Road, and other amenities. Five units was at the top of the range he was not in favor of the project.

Council Member Stonebarger said he believed larger lots was where this was going so a family could enjoy it. He said the range was 3.7 to 2.5 units per acre and that was where the focus of the City had gone and would continue to go.

Mayor Taylor said Council would not like to have five units per acre and felt the project should go back to the developer for details to be worked out.

Council Member Becnel asked if it was possible in the RGMP to reduce the number of units and would that force the developer into coming back during the next RGMP round.

Senior Planner, Jeff Zilm, said Council had the right to reduce the density and Council could make a decision to come back with a different number of allotments. If Council chose to make the decision now, the developer would not have to come back. If the allotments were denied, the developer would need to go back into the mix and start over again and come back. The developer would need to have the items to Planning around June/July.

Director of Community Development, Howard Sword, said the developer would have time to work with neighborhoods to see if an acceptable density could be achieved.

Council Member Brockman said this would affect the RGMP all around and would take time to be revisited. He felt that even if Council changed the number of units, the project should come back to the Land Use and Development subcommittee.

Council Member Becnel said economics played a part but it was about quality of life. He said staff indicated there were different possibilities in terms of re-working the plan and he asked to hear from the developer.

Rick Van Patting, Senior Vice President, KB Homes, said contractural deadlines were approaching and a decision had to be made. It would be good to know where the Council stood and provide an allocation number or deny the application. There was only one application for the RGMP process in this round. He felt KB Homes should have held community meetings before making an application.

Council Member Brockman said KB Homes needed to decide the number of units to be built to make it feasible to continue with the purchase of the property. The application would still need to go before the subcommittee to be discussed along with affordable housing and other allocations. He believed there was the approximate average of 4.2 units per acre in the surrounding homes.

Mr. Van Pattring said the blended average of the surrounding communities was 4.02 units per acre.

Council Member Richey felt the RGMP process was masterplanned and to undermine it was inappropriate.

Mayor Taylor said there were too many unanswered questions such as traffic and soundwalls. He felt the project should go back to the sounding board and the developer should work with staff.

Council Member Brockman said the number of units per acre should not be higher than 4 and would be in the mid range.

City Attorney, Damien Brower, said to achieve what Council Member Becnel wished to achieve, the motion may be made that Council was not approving the RGMP allocations for the period in question as opposed to denying the current application.

Motion: Deny the RGMP allocations for the period.
Moved by Becnel, seconded by Richey.

Vote: Motion carried 5-0.
Yes: Brockman; Taylor; Becnel; Richey; Stonebarger

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS - None (08:45 PM)
REQUESTS FOR FUTURE AGENDA ITEMS- None (08:45 PM)
RECESS CITY COUNCIL/ADJOURN REDEVELOPMENT AGENCY (08:45 PM)
Motion: Approve Recess City Council/Adjourn Redevelopment Agency. Council Member Brockman voted only on the Adjournment of the Redevelopment Agency.
Moved by Richey, seconded by Stonebarger.

Vote: Motion carried 5-0.
Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

ADJOURNMENT (9:43 PM)
Motion: approve adjournment.
Moved by Becnel, seconded by Richey.

Vote: Motion carried 4-0.
Yes: Becnel; Richey; Stonebarger; Taylor
Absent: Brockman

Respectfully submitted,

Cynthia Garcia, CMC
Assistant City Clerk
 

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