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CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
Minutes of October 23, 2001


A regular meeting of the City Council of the City of Brentwood was called to order at 7:37 p.m. in the City Council Chambers located at 734 Third Street, with Mayor McPoland presiding.

Roll Call

Present: Councilmembers Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
Absent: None

PRESENTATIONS 

A. Craig Bronzan gave an update on the skate park grand opening celebration, Saturday, November 3, 2001. A preview opening of the skate park last weekend shows the skate park to be very popular already.

AGENDA REVIEW

Item No. 20 removed from agenda per staff request.

CITIZEN COMMENTS

Richard Bates, 805 Brooks Street, distributed a memo regarding the disposition of the Uban Limit Line litigation Finley-Tassajara Corp. v. County of Contra Costa et al. and consolidated cases. Mr. Bates urged the City of Brentwood not to appeal Judge Ely’s decision in the case.

CONSENT CALENDAR

1. Approve Minutes of October 9, 2001. (K. Diaz) (Pulled for further discussion)

2. Approve second reading and adoption of Ordinance 691, as presented, which would amend Planned Development 35 to create development standards for Tentative subdivision Map 8281 (Subarea “A” of PD-35).

3. Approve second reading and adoption of Ordinance 692, as presented, which would amend Planned Development 42 by creating development standards for Subarea C.

4. Approve second reading and adoption of Ordinance 693 which prezones the former Brentwood Rod and Gun Club site to commercial/office/business (COB).

5. Approve Resolutions 2382 and 2383 that adjust the health benefits contribution as provided 2000/01-2002/03 bargaining unit labor agreements. Funding for 2001/02 is included in the proposed 2001/03 City Budget.

6. Approve Resolution 2384 approving the East Contra Costa County Bikeway Plan.

7. Approve Resolution 2385 authorizing the submittal of a grant proposal to the California Department of Forestry & Fire Protection for the Proposition 12 Urban and Community Forestry Program and authorizing the City Manager to execute and submit all documents which may be necessary for the completion of the program.

8. Approve Resolution 2386 authorizing the submittal of a grant proposal to the California Integrated Waste Management Board for the Waste Tire Playground Cover Grant Program and authorizing the City Manager to execute and submit all documents which may be necessary for the completion of the project.

9. Approve Park & Recreation Commission recommendation to consider Proposition 12 State Park Bond Act Funds for use at City Park.

10. Approve Resolution 2387 authorizing the City Manager to execute Program Supplement Agreement No. 004-M to Administering Agency-State Agreement No. 04-5300 for reimbursement of costs for construction and construction engineering for the Lone Tree Way Overlay/Improvements Project, CIP Project No. 336-3130.

11. Approve Resolution 2388 accepting the offers of dedication in fee for right-of-way of Continente Avenue, Como Court, Campanello Way, Campania Court, Ravenna Way, Luna Court, San Marino Lane, Dante Court, Mondavi Lane, Toscanna Court, Roseto Court, Rosegate Avenue, the areas designated as parcel “A,” ”C,” “D” and “F,” the areas designated as “Public Utility Easements” or “PUE,” all sub surface mineral rights and water rights below 300 feet for public use, as shown on the Final Map, accepting the public improvements and bridge over the Marsh Creek for maintenance, accepting the subdivision Maintenance Bonds and releasing the subdivision Performance and Payment Bonds for Subdivision 8066, Campanello Unit #1, by Centex Homes, located south of Continente Avenue and west of Walnut Boulevard. 

12. Authorize the City Manager to sign a contract with CityGate Associates for a Fire Master Plan. (Pulled for further discussion)

13. Approve Resolution 2391 authorizing the temporary closure of certain streets and the temporarily establishing no parking restrictions and tow away zones in order to facilitate the 2001 Holiday Parade and Fourth Annual Christmas Tree Lighting Ceremony to be November 24, 2001. (Pulled for further discussion)

14. Approve Resolution 2389 authorizing the City Manager to execute a Design Change Order with Carlson, Barbee & Gibson for construction staking of Sand Creek Road (Central) in the amount of $152,500; and to enter into a professional services agreement in the amount of $44,000 with Biggs Cardosa Associates, Inc. for structural inspection; and to enter into a professional services agreement in the amount of $100,000 with Construction Materials Testing, Inc. for materials testing services for the Sand Creek Road (Central), CIP Project No. 336-3061 and authorizing the City Manager to approve change orders up to 10% of the contract amounts.

15. Approve Resolution 2390 authorizing the temporary closure of certain streets and temporarily establishing no parking restrictions and tow away zones in order to facilitate Sweeney’s Station 4 First Annual Firemen’s fundraiser Benefit for International firefighters Association Local 1230. 

Items No. 1, 12 and 13 pulled from the Consent Calendar for further discussion.

It was moved/seconded by Petrovich/Beckstrand to approve Consent Calendar items 1-11 and 14-15 as recommended by staff. Motion carried unanimously.

Item No. 1
It was moved/seconded by Beckstrand/Gomes to approve minutes of October 9, 2001. Councilmember Hill abstained.

Item No. 12
Councilmember Hill asked if CityGate was represented at the meeting. They were not, so he asked if the subcommittee had any knowledge of NFPA 1710, a new standard regarding the organization, deployment and staffing of career fire departments, recently issued by the National Fire Protection Association. Councilmember Hill stated he would like to make sure that NFPA 1710 is considered in the work plan.

Mayor McPoland concurred.

Councilmember Petrovich stated that CityGate did discuss the inclusion of all the regulations and new standards into the scope of work.

Councilmember Hill also stated he would like to have a workable plan for the City of Brentwood, stating concerns regarding the convolution of County requirements into our City plan and not focusing on how it will effect Brentwood as a whole.

It was moved/seconded by Hill/Petrovich to approve. Motion carried unanimously.

Item No. 13

Mayor McPoland spoke regarding the posting of signs for road closures stating that many of the merchants had concerns that the signs were being posted too far in advance of the closure date. Customers were not reading the posted dates and just assuming they could not park.

Lt. Brian Strock stated the legal requirement for posting is 72 hours prior to a closure. Lt. Strock also state that signs are currently posted by BACCUP volunteers and, due to manpower issues, may be posted prior to the 72 hour deadline.

Mayor McPoland stated that this was causing a lot of stress with downtown merchants and asked that the Police Department re-examine their process.

It was noted by Councilmember Hill that he thought it was great that the BACCUP volunteers are posting the signs but suggested that the parking enforcement officer might be a viable alternative.

Lt. Strock agreed that the Police Department will post the signs closer to the 72 hour requirement even if it involves paying people to post them.

It was moved/seconded by Hill/Petrovich to approve. Motion carried unanimously.

PUBLIC HEARINGS

16. Consideration of a resolution certifying the Fairview Avenue/Lone Tree Way realignment Environmental Impact Report (EIR) and approving the general realignment of Fairview Avenue related to the Northwest Quadrant Infrastructure (CIP Project No. 336-3127) and CIFP 2001-1. 

John Stevenson, City Engineer, reported that during preparation of the Citywide Circulation Element for the General Plan, City staff and Fehr and Peers Associates, Inc., traffic consultants for the City of Brentwood, began discussions regarding the necessity of a future grade separation for Lone Tree Way and the railroad tracks. The Circulation Element of the General Plan is indicating the necessity of Lone Tree Way being a 6-lane road and this clearly indicates that if any road in Brentwood is grade separated from the tracks, Lone Tree Way must be. With this as an obvious starting point, the Fairview Avenue intersection needs to be relocated now in order not to cripple the City’s future north/south circulation in the future when Lone Tree Way is reconstructed under the railroad. Mr. Stevenson presented several alternatives, the recommended alignment was:

A General Alignment which moves the intersection of Lone Tree and Fairview just far enough to the west to get under the railroad tracks. This will leave the existing Fairview Avenue in use just past the first three homes.

Jerry Hague, 2029 University Ave., Berkley, spoke on the Environmental Impact Report (EIR) and the FEIR (Final EIR) regarding the realignment of Fairview Avenue. The EIR examined the five alternatives and went on to designate various mitigation measures necessary during the construction of this project. The light and glare, location, length, height and configuration of the sound wall adjacent to the road were the most important aspects coming out of the EIR, and this information will go a long way toward mitigating the impacts of the future Fairview realignment. 

Councilmember Petrovich had a comment concerning the noise level meeting City standards. 

Mayor McPoland confirmed that it was within City requirements. 

Horace Siino & Noreene Siino, 2335 Fairview Avenue, spoke against the proposed realignment stating that he was not notified until late in the process about the plans to realign Fairview Avenue. Mr. Siino requested that Council consider the option of straightening Minnesota to Lone Tree Way. Mrs. Siino concurred citing concern for the traffic congestion, which will be close to her home.

Mr. Stevenson stated Staff rejected the option of straightening Minnesota because it became a much longer road and impacted many more property owners. 

Mr. Siino also had concerns that CEQA had not addressed the issue of regarding possible rezoning of the property to commercial. 

Mitch Oshinsky, Director of Community Development responded that CEQA issues have been addressed through the land use changes in the EIR that has been done for the General Plan Update. That EIR looked at all of the land use changes as part of the General Plan, what if any, environmental impacts there might be, and what mitigation measures are required.

Councilmember Petrovich asked which alternative was the second choice of Staff.

Mr. Stevenson replied that the main goal of the City is to maintain Fairview Avenue as a north/south functioning roadway and to move the intersection westerly far enough to get Lone Tree under the railroad tracks. He did not think that staff had any choice other than the preferred alternate.

There was some discussion on whether or not Fairview Avenue would be a thoroughfare without ingress and egress and the impact that would have on the homes in the Martin Subdivision. 

Councilmember Hill commented that even though the EIR for the General Plan addressed the CEQA issues, he still felt that the EIR specific to the realignment did not contemplate the change in the zoning of the 5-acre parcel across the street. 

Mr. Oshinski responded by explaining that each specific project has to have its own environmental review regardless of the EIR. A commercial project would require a negative declaration and in all probability a mitigated negative declaration. There would have to be noise specific studies for that land use and how that would affect the surrounding properties.

Karen Rogge, 2321 Windy Springs, spoke in support of Staff recommendation.

Anthony Hurtado, 2205 Fairview Ave., spoke in support of Staff recommendation.

Wayne Swisher, 2231 Fairview Ave., spoke in support of Staff recommendation.

Mickey Hunt, 2181 Fairview Ave., spoke in support of Staff recommendation. 

Wanda Soliz, spoke in support of Staff recommendation.

Paul Martin, 805 Fletcher Lane, Hayward, Developer on the subdivision directly to the west of the Fairview parcels. Spoke in support of Staff recommendation.

There being no one else wishing to speak the Public Hearing was closed.

Councilmember Hill spoke out about realigning the street without as much intrusion on the Siino property and still accomplish the same intersection point with Lone Tree Way, so that it wasn’t such a dramatic sweep both left and right. 

Mr. Stevenson concurred that staff would take whatever measures possible to lessen the impact to the Siino’s property.

Councilmember Beckstrand agreed with the plan but urged staff to do whatever they could to minimize the impact to the Siino Property and any other property owners that may be affected.

Councilmember Gomes commended staff and the for seeking three outside engineering firms to confirm their findings. He also supported the Capital Improvement Program subcommittee for their conclusion that the general realignment had the least impact on the property owners in the area.

Resolution No. 2392

A Resolution of the City Council of The City Of Brentwood approving certification of the EIR for the Fairview Avenue/Lone Tree Way Realignment and approving the general alignment for the relocation of this intersection and associated road related to the Northwest Quadrant Infrastructure (CIP Project No. 336-3127) And CIFP 2001-1.

It was moved/seconded by Hill/Gomes that the full reading of Resolution No. 2392 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote:

AYES: Councilmembers Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
NOES: None 
ABSENT: None

17. Consideration of requests for three residential allocations under the Residential Growth Management Program (RGMP). 

Erik Nolthenius, Associate Planner, addressed Council regarding the applications submitted during the first cycle of the Residential Growth Management Program (RGMP). The City received applications from the following: Braddock & Logan Services, DeNova Homes and The DeSilva Group. The applications have been reviewed by both staff and the RGMP subcommittee. The applications were rated based on a point system, with 100 points being the minimum points needed to receive an allocation. The RGMP subcommittee recommended the following point totals for the three projects: Braddock & Logan 45, DeNova Homes 83, The DeSilva Group 118. 

Since the applications were originally reviewed by the Subcommittee on September 10, 2001, Braddock & Logan have revised their request to move the location of the Church thereby allowing for an additional 5 lots and agreed to do the improvements along Central and Fairview. The RGMP Subcommittee reconsidered their application and recommended a points revision to 100 pts. DeNova Homes submitted a letter to the subcommittee detailing the amount of open space their plan included and ask for consideration of additional points. The subcommittee reconsidered their application and decided no additional points were warranted. The DeSilva Group withdrew their application. Staff recommendation to Council is to approve the resolution approving Braddock & Logan receive an allocation under the RGMP.

Mayor McPoland stated that Braddock & Logan have also agreed to do extensive landscaping the corner of Fairview and Central and that is part of why they received their additional points.

Councilmember Beckstrand expressed concern that DeNova Homes had not presented all of their improvement plans to the RGMP Subcommittee and requested they have an opportunity to present their plans to Council.

Councilmember Petrovich expressed concern over the traffic and safety of children by Braddock & Logan moving the Church site to the opposite corner.

Mr. Stevenson, City Engineer, responded that an analysis was done regarding access to the church and feels that staff has mitigated the traffic concerns that we would have had if the church were on the opposite corner. 

Councilmember Hill felt that DeNova Homes had sufficient chance to address the Subcommittee and therefore should not be allowed to re-present their plans.

Brad Durga, DeNova Homes, 1849 Clayton Road, Concord, addressed Council regarding DeNova Homes philosophy behind the design of the subdivision. He stated that the RGMP Subcommittee offered two suggestion to increase their points. Suggestion 1 was to provide economic development assistance to the City of Brentwood. Mr. Durga stated that their project could not afford additional fees. Suggestion two was to provide a gated community. Mr. Durga stated that DeNova Homes idea is to create a community that was open and promote interaction between the neighborhood and community. They would do if they had to, but don’t really want to.

DeNova Homes offered to work with the City by providing the supervision to build the North Parking lot for the high school and complete Spruce St. if the City provides the funds to do so.

Mayor McPoland discussed the fact that DeNova Homes did not follow proper channels and present all the options to the committee.

There was discussion regarding the additional options by DeNova, most felt they did not include anything of value to the City. 

No one else wishing to speak the Public Hearing was closed.

Councilmember Petrovich requested that Braddock & Logan and DeNova Homes be addressed separately in the motion. 

Councilmember Petrovich spoke in favor of DeNova homes citing affordability as a key factor. 

Councilmember Gomes felt uncomfortable with the process stating he felt he is being asked to appeal and overturn a decision already made by the subcommittee. This was not his understanding of the process.

Councilmember Hill mentioned the fact that the RGMP Subcommittee meetings are public and DeNova Homes had no representative at either of those meetings. He recommended if DeNova Homes would like to be considered, they need to come to the next RGMP subcommittee meeting and represent their case with all their options included.

Councilmember Beckstrand commented recommended DeNova Homes refine their presentation and bring it back to the Subcommittee in November with a little more detail, and go forward with the recommendation that is before Council tonight.

Mayor McPoland spoke to the fact that Braddock & Logan did their homework, attended the meetings and did what the City asked them to do and then got their allocation. DeNova tried to circumvent the committee and come straight to council and they should not.

Resolution No. 2393

A Resolution of the City Council of the City of Brentwood granting an allocation for 36 dwelling units to Braddock & Logan Services, Inc. in accordance with their application submitted for the Residential Growth Management Program (RGMP) for the cycle ending July 30, 2001.

It was moved/seconded by Petrovich/Gomes that the full reading of Resolution 2393 be waived and that the same be adopted. Motion passed by the following vote:

AYES: Councilmembers Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
NOES: None 
ABSENT: None

Resolution No. 2394

A Resolution of the City Council of the City of Brentwood granting an allocation for 53 dwelling units to DeNova Homes, in accordance with their application submitted for the Residential Growth Management Program (RGMP) for the cycle ending July 30, 2001.

It was moved/seconded by Petrovich/Gomes that the full reading of Resolution 2393 be waived and that the same be adopted. Motion passed by the following vote:

AYES: Councilmembers Beckstrand, Gomes, Petrovich 
NOES: Councilmember Hill, Mayor McPoland
ABSENT: None

18. Consideration of an ordinance amending Title 15.07 of the Municipal Code pertaining to the Floodplain Management Program. 

Randy Kidwell, Chief Building Official introduced the staff report.

There being no one else wishing to speak the Public Hearing was closed

Ordinance No. 694

An Ordinance amending Chapter 15.07 of the Brentwood Municipal Code Pertaining to Floodplain Management

It was moved/seconded by Petrovich/Gomes that the first reading of Ordingance 694 be waived and that same be adopted as recommended by staff. Motion carried by the following vote: 

AYES: Councilmembers Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
NOES: None 
ABSENT: None

OLD BUSINESS

19. KB Home Affordable Housing Status Report. 

Winston Rhodes, Senior Planner, gave a presentation regarding the HB Home Affordable Housing Program. Demand for the homes was not as high as expected. Eight people have currently submitted applications and 6 homes are under construction. KB Homes have increased their marketing efforts to increase awareness of the program.

NEW BUSINESS

20. Conflict of interest issues regarding City Council Members in relationship to proposed Redevelopment Plan Amendment process. (Pulled by staff)

21. Approve a Resolution determining that formation of a Project Area Committee is necessary for the Proposed Amendment to the Brentwood and North Brentwood Redevelopment Plans, and approving and adopting procedures for the formation and election of a Project Area Committee. (Pulled by staff)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

Councilmember Petrovich announced that the Community Chest will be at Loma Vista Elementary School on December 14th & 15th , 2001. He requested the date be placed on the Purple Calendar.

Councilmember Hill commented on his visit to Winco Foods while on vacation in Oregon. Value to customers, amenities and customer service were all very good. The pricing is equivalent to Costco without having to purchase in bulk.

Councilmember Petrovich reported that he also visited Winco in Oregon and concurred with Councilmember Hill’s comments.

Mayor McPoland commented on the Mayor’s conference in December. The Mayor invited Councilmember Beckstrand and the Agriculture Subcommittee. Mayor McPoland and Mr. Oshinski will be presenting.

REQUESTS FOR FUTURE AGENDA ITEMS

Councilmember Gomes requested a feasibility study on certifying Brentwood Police Officers as EMTs.

Councilmember Beckstrand requested a study be done on our employee manual regarding sick leave and other policies we that may need to be revised.

Mayor McPoland instructed staff to bring to Council a coach and parent code of conduct in the use of our facilities.

The meeting adjourned to closed session at 9:45 p.m. 

CLOSED SESSION 

Public Employee Performance Evaluation pursuant to Government Code §54957.6: - Title: City Manager

Conference with Legal Counsel:
Existing litigation pursuant to Gov’t Code Section 54956.9(a): Finley-Tassajara Corp. v. County of Contra Costa, et al., CCC Sup. Ct. No. MSC00-03704 and related cases

The meeting reconvened in open session at 11:10 p.m. and reported the following activities:

The City Council voted 5/0 to terminate the employment contract between the City and City Manager Jon Elam effective October 24, 2001 and appointed John Stevenson as interim City Manager. There being no further business, the meeting was adjourned at 11:15 p.m.


CITY OF BRENTWOOD
SPECIAL CITY COUNCIL MEETING
Minutes of October 29, 2001

A special meeting of the City Council of the City of Brentwood was called to order at 7:03 p.m. in the City Council Chambers located at 734 Third Street with Mayor McPoland presiding.

ROLL CALL

PRESENT: Councilmembers Beckstrand, Hill, Petrovich, Mayor McPoland
ABSENT: Councilmember Gomes

PUBLIC COMMENT - None

CLOSED SESSION
The meeting adjourned to closed session at 7:05 p.m. for the following:

Closed Session pursuant to Government Code §54957.6:
Public Employee Appointments: Chief of Police & City Manager

The closed session was adjourned at 8:26 p.m.

The meeting reconvened in open session at 8:27 p.m., with no action to report. There being no further business the meeting was adjourned at 8:30 p.m.


Karen Diaz, CMC
City Clerk


CITY OF BRENTWOOD
SPECIAL CITY COUNCIL MEETING
Minutes of November 5, 2001

A special meeting of the City Council of the City of Brentwood was called to order at 7:03 p.m. in the City Council Chambers located at 734 Third Street with Mayor McPoland presiding.

ROLL CALL

PRESENT: Councilmembers Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
ABSENT: None

PUBLIC COMMENT - None

CLOSED SESSION
The meeting adjourned to closed session at 7:05 p.m. for the following:

Closed Session pursuant to Government Code §54957.6:
Public Employee Appointment: City Manager

The closed session was adjourned at 7:45 p.m.

The meeting reconvened in open session at 7:46 p.m., with the following action report. Mayor McPoland announced that the City Council unanimously voted to appointment John Stevenson to the position of City Manager effective immediately.

There being no further business the meeting was adjourned at 8:30 p.m.



Karen Diaz, CMC
City Clerk

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