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CITY COUNCIL AGENDA ITEM NO. 02



CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
Minutes of April 23, 2002

A regular meeting of the City Council of the City of Brentwood was called to order at 7:30 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. Proclamation for Contra Costa Youth Initiative. 

B. Certificate of Appreciation to Joe Cruz – Assisting A Small Child. 

Police Chief Mike Davies and Mayor McPoland presented Joe Cruz with a certificate of appreciation for helping a 3-1/2 year old girl, who wondered out of her house in the middle of the night, find her way home.

C. “Avoid The 25” Drunk Driving Enforcement Awards To Officers Mark Louwerens and Richard Nance. Police Chief Mike Davies presented officers Louwerens and Nance with special D.U.I. enforcement pins for their outstanding efforts in the “Avoid the 25” program.

D. Presentation of Certificates of Appreciation to retiring B.A.N.C. Committee members Jane Wallace, Jim Dotts and Gabriel Arechiga. Mayor McPoland and Vice Mayor Petrovich presented plaques of appreciation to Gabriel Arechiga, Jim Dotts and Jane Wallace.

AGENDA REVIEW

Motion to add the following items to the agenda on the basis that the items came to the attention of staff after the agenda was posted. (Gov’t Code 54956.5)

Presentation E: Proclamation proclaiming May 1 through May 31, 2002 National Bicycling Month and May 16, 2002 “Bike to Work Day” in Brentwood. (see above)

Item 27A Approve minutes of April 9, 2002. 

Item 27B Accept resignation of Christopher Mosser as Planning Commissioner and direct staff to begin recruitment for new Planning Commissioner.

Item 25 Pulled per staff request.

It was moved/seconded by Gomes/Petrovich to add items Presentation E, 27A and 27B to the agenda and pull items 25 and 32. Motion passed unanimously.

Presentation E: 

Mayor McPoland presented Dave Stoeffler with a proclamation proclaiming May as National Bicycling Month and May 16, 2002 as Bike to Work Day in Brentwood. Mr. Stoeffler thanked the City of Brentwood for being a Bicycle friendly community.



Item 27B

Mayor McPoland read Mr. Mosser’s letter of resignation and presented Mr. Mosser with a Certificate of Appreciation for his efforts on behalf of the Planning Commission.

CITIZEN COMMENTS

Vicki Baxle, 1390 Berry Lane, voiced concerns about the billing process for water, sewer and garbage services. After describing an incident that recently occurred involving her water meter, Ms. Baxle requested compensation from the City for her time spent trying to resolve the issue.

The Mayor responded that he has discussed the issue with the City Manager, John Stevenson, and the situation has been resolved. Ms. Baxle would be receiving the information shortly.

Reverend Earl Gray, 207 Upton Pyne Drive, read a letter into the record regarding an accident that occurred at his home, in Summerset II, when a golf ball broke through a window. Rev. Gray feels the liabilities of living on the golf course were not properly disclosed when he purchased the home. He voiced concerned that he and his neighbors face the daily threat of injury from balls flying across their property and requested assistance from the Council to look into constructing a fence or wall between the property line and the golf course to better protect the residents.

CONSENT CALENDAR

1. Approve Resolution No. 2516 approving an agreement for purchase of a fee parcel with Timothy P. Biglow and Rose Mary Biglow, husband and wife as joint tenants, as to an undivided one-third interest and Barbara J. Biglow, as Trustee of The Barbara J. Biglow Family Trust of 9-18-92 as to an undivided two-thirds interest, for a portion of real property identified as APN 016-080-009, generally located on the south side of the existing Sand Creek Road and north of the future Sand Creek Road and west of the future O’Hara Avenue extension, hereby accepting real property on behalf of the City, and authorizing the Mayor or City Manager and City Clerk or any of their designees to execute the agreement, and such other documents as may be needed to complete the transaction including acceptance of the Deed.

2. Approve Resolution No. 2517 authorizing the City Manager to execute a Consultant Services Agreement for fiscal year 2002/03, to continue utilizing the right-of-way services of Associated Right of Way Services, Inc. in an amount not to exceed $250,000.

3. Approve Resolution No. 2518 adopting Council/Administrative Policy No. 20-14, Reclassification Policy and Procedure. 

4. Approve Resolution No. 2519 to adopt compensation and classification descriptions for Redevelopment Technician and Redevelopment Specialist that will establish a classification series to support the Redevelopment Agency. 

5. Approve Resolution No. 2520 approving an agreement for purchase of a fee parcel with Tony Nobriga and Rose Nobriga, Trustees of the Nobriga Family Living Trust, dated March 18, 1992, for a portion of real property identified as APN 019-040-016, generally located on the south side of Lone Tree Way between Shady Willow Lane and Empire Avenue, hereby accepting real property on behalf of the City, and authorizing the Mayor or City Manager and City Clerk or any of their designees to execute the agreement, and such other documents as may be needed to complete the transaction including acceptance of the Deed.

6. Approve Resolution No. 2521 approving an agreement for purchase of a fee parcel with Milton H. Beyer, as Trustee of the Milton H. Beyer Trust under declaration of trust dated January 10, 2001, for a portion of real property identified as APN 019-050-028, generally located on the south side of Lone Tree Way and on the west side of Windy Springs Lane, hereby accepting real property on behalf of the City, and authorizing the Mayor or City Manager and City Clerk or any of their designees to execute the agreement, and such other documents as may be needed to complete the transaction including acceptance of the Deed. 

7. Approve Resolution No. 2522 authorizing the closure of certain streets to facilitate the One Day at a Time Program Car Show Fundraiser.

8. Staff recommends authorizing the City Manager to execute a contract change order to increase legal fees to contest penalties imposed on the City for its Wastewater Treatment Plant disposal alleged violations by the State Water Quality Control Board.

9. Approve Resolution No. 2523 accepting the offers of dedication in fee for the right-of-ways of Bellfry Glen Way, Marigold Drive, Cosmos Court, Chamois Court and Minnesota Avenue; accepting the offers of dedication for the areas designated as Parcel “A”, “Public Utility Easements” or “P.U.E.” for public use as shown on the Final Map; accepting all subsurface mineral and water rights under 300 feet relinquished on said Final Map and accepting public improvements (water lines, sanitary sewer, storm drain, fiber optics and streets with all related improvements) for maintenance; accepting the Subdivision Maintenance Bond and releasing the Subdivision Improvement Securities for Subdivision No. 8197, Ashton Place, Unit #4, Pulte Homes, located in SPA “L” on the easterly side of Minnesota Avenue and north of Sand Creek. 

10. Approve Resolution No. 2524 authorizing a contract with Recycled Fibers for the sale of all secondary fiber produced at 375 Sunset Road, Brentwood, CA 94513 and a contract for the lease of a cardboard baler. 

11. Approve Resolution No. 2525 accepting the offers of dedication for the right-of-ways of Chamomile Lane, Country Glen Lane, Marigold Drive, Chamois Court and Minnesota Avenue; accepting the offer of dedication for the area designated as Parcel “A”, “Public Utility Easements” or “P.U.E.” for public use as shown on the Final Map; accepting all subsurface mineral and water rights under 300 feet and all abutter’s rights relinquished on said Final Map and accepting public improvements (water lines, sanitary sewer, storm drain, fiber optics and streets with all related improvements) for maintenance; accepting the Subdivision Maintenance Bond and releasing the Subdivision Improvement Securities for Subdivision No. 8196, Ashton Place, Unit #2, Pulte Homes, located in SPA “L” on the easterly side of Minnesota Avenue and north of Sand Creek. 

12. Approve Resolution No. 2526 authorizing the City Manager to execute an agreement with Maximus, Inc. for the Public Works Department Master Plan and relocation of the Maintenance Facility currently located at 161 Sycamore Avenue. The proposed site for the Maintenance Facility is located on City owned property on Sunset Road and identified as APN 018-230-030. Cost for this work is not to exceed $61,080. Completion of the Master Plan should be 120 days from the date of contract approval.

13. Waive second reading and adopt Ordinance 701 amending PD-35 by adding development standards to subarea ‘D’ for TSM 8470. 

14. Waive second reading and adopt Ordinance 702 amending Section 2.36.080 (Q) and adding Chapter 2.39 to the Municipal Code appointing the Director of Finance and Information Systems as City Treasurer. 

15. Approve Resolution No. 2527 approving an agreement for purchase of a fee parcel with Bernice E. Lee, for real property identified as APN 019-050-025, generally located on the south side of Lone Tree Way between Empire Avenue and Windy Springs Lane, hereby accepting real property on behalf of the City, and authorizing the Mayor or City Manager and City Clerk or any of their designees to execute the agreement, pay all Relocation Entitlements and execute such other documents as may be needed to complete the transaction including acceptance of the Deed. 

16. Authorize the City Manager to execute a contract amendment in the amount of $270,000 between G.S. Dodson & Associates and the City of Brentwood to provide Office Engineering Services during construction for the Wastewater Treatment Plant Expansion Project, CIP Project No. 592-5911; including but not limited to submittal reviews, RFI’s, contract document clarification, evaluation of substitutions, environmental compliance, Geotechnical and electrical field services, plant startup and record drawings; and authorize the City Manager to execute change orders up to 5% of the contract amount.

17. Authorize the City Manager to purchase two (2) each Ford F-150 pick up trucks and one (1) each Ford F-250 pick up truck with utility body for Public Works maintenance from Bill Brandt Ford at a cost not to exceed $58,396.39 for the three (3) trucks. 

18. Approve Resolution No. 2535 accepting the work performed by Terra Cal Construction for the landscape Improvements of Loma Vista Park, CIP Project No. 522-5219, located on Meadowgate Way, and direct the City Clerk to file a Notice of Completion with the County Recorder. 

19. Refer the 2002/07 Capital Improvement Program including street, park, sewer, water and other municipal improvements to be constructing during the next five years to the Planning Commission for consideration of conformance to the City’s General Plan at their meeting of May 7, 2002. 

20. Approve Resolution No. 2528 to establish the compensation and classification description for the Assistant City Manager position, and re-title the Deputy City Manager/City Clerk Position as City Clerk/Director of Administrative Services. 

21. Approve Resolution No. 2529 adopting a City Employee Tuition Reimbursement Policy and Procedure. 

22. Approve Resolution No. 2530 directing the Finance Director to establish a Brentwood Emergency Preparedness Fund in order to insure the City’s financial integrity in the case of an emergency, disaster or catastrophic event. 

23. Approve Resolution No. 2531 establishing and adopting the Police Officer Recruitment Incentive Program, authorizing the City Manager to approve agreements with Police Officers for the Silent Seconds as assistance in the purchase of new homes in the City of Brentwood, and authorizing the Finance Director to manage the funding of this program flexibly through the use of the Community Facilities District and Sales Tax on New Commercial Development. 

24. Authorize the City Manager to amend the contract with Robert Taylor to provide concession services at the City of Brentwood Family Aquatic Complex and Sunset Park. 

25. Approve Resolution No. authorizing the submittal of a grant proposal to the State of California Department of Parks and Recreation Murray-Hayden Urban Parks and Youth Service Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (Proposition 12) and authorizing the Parks and Recreation Director to execute and submit all documents which may be necessary for the completion of the project). Pulled per staff request.

26. Approve Resolution No. 2532 authorizing the submittal of a grant proposal to the State of California Department of Parks and Recreation Land and Water Conservation Fund Program under the provisions of the California Outdoor Recreation Resources Plan Act of 1967. 

27. Approve Resolution No. 2533 authorizing the submittal of an application for grant funds to the Contra Costa County Community Services Block Grant Program (CSBG) for the Village Drive Resource Center After School Tutoring Program, “Progreso Estudiantil” 

27A. Approve Minutes of 4/9/02. 

27B. Accept resignation of Christopher Mosser as Planning Commissioner and direct staff to begin recruitment for new Planning Commissioner. 

It was moved/seconded by Gomes/Hill to approve Consent Calendar Items 1-24, 25-27B as recommended by staff. Motion carried unanimously.

PUBLIC HEARINGS

28. Approve first reading of an ordinance repealing Ordinance No. 700 repealing and Adopting a New Chapter 5.24, Cable Television Franchise.

Dennis Beougher, City Attorney, commented that AT&T and the committee have made some recommended changes to the ordinance. He further explained that we welcome any comments concerning the draft as proposed and then recommended continuing the item.

Councilmember Beckstrand concurred that the committee has recommended some changes and forwarded those to Mr. McKinley requesting that he review them and bring his comments back to Council. She reiterated that comments from anyone who is in attendance are welcome but the committee’s initial thoughts are to continue the item until the revisions are reviewed and completed.

The Public Hearing was opened.

There being no one wishing to speak, the public hearing was closed.

It was moved/seconded by Beckstrand/Petrovich that the item be continued to a date uncertain. 

Motion carried unanimously.

29. Consideration of an Ordinance amending PD-24 to establish development standards for subarea ‘A’, a 4.34 acre site located on the east side of Guthrie Lane, approximately 250 feet south of Balfour Road. 

Councilmember Hill stepped down due to a conflict of interest.

Erik Nolthenius, Associate Planner, introduced the item outlining the location of the project and explaining that the applicant is attempting to amend the PD-24 zone to establish development standards for the project site, specifically a multi-phase commercial complex. He further stated that the Planning Commission approved a resolution recommending Council approval of the PD amendment with some changes to the proposed standards made by the applicant. Some of the changes include changing the permitted uses to conditionally permitted uses including health clubs, machine shops, etc. These changes were made to reduce nuisance impacts such as noise, light and glare and traffic thru the conditional use process.

The Public Hearing was opened.

Chris Mosser, President, ReadyToGo Inc, 304 Mondavi Lane, Brentwood, stated that he was the consultant representing Matt Ellison, President of New Point Development and the applicant for this item. 

Mr. Mosser addressed Council regarding the development standards for PD-24 sub area A, and requested the following revisions from Council:

1. Allow health club use, by right, as originally proposed by the applicant instead of by CUP as changed by the Planning Commission.
a. Establish hours of operation to the public to be from 5:00 a.m. to 11:00 p.m. Monday through Friday and 7:00 a.m. to 6:00 p.m. Saturday and Sunday.

b. Revise parking standards for health club use to one space for every 165 square foot of useable floor area for the health club.

2. Mr. Mosser explained that the applicant is proposing for about one-third of the overall site use to be that of a health club. If the project moves forward as a CUP for the health club, it becomes financially more difficult. Additional fees will be incurred for permits, CUP application, architectural work, consulting fees as well as the potential costs for being able to secure financing for all phases of construction. An anchor tenant is critical to securing financing for construction, if the use of health club remains a CUP, the potential for getting that financing diminishes in light of the land use restriction of entitlement imposed upon the anchor tenants use.

3. Mr. Mosser then addressed concerns with regards to proper notification. Mr. Mosser assured Council that, to the applicant’s knowledge, all proper notification has taken place and in addition to notification, the applicant has held neighborhood meetings to discuss the project with the owners of the surrounding properties.

4. Mr. Mosser then addressed other items of concern that had been mentioned such as noise, type and size of buildings, setbacks, layouts and parking.

Curt Atherton, Vice President of Corporate Operations, Club One, 1960 Emery St., San Jose, gave Council an overview of the Club One Corporate philosophy. 

Councilmember Petrovich asked what would be the average wage of the part-time employees.

Mr. Atherton responded that the average wage would be between $10-$11 per hour.

The Public Hearing was opened.

The following individuals spoke in opposition of a health club at this location citing concerns with traffic, noise, parking, lack of proper notification of building plans and several reminded Council that in 1994 the same location was chosen for a health club and Council did not grant this site for that use:

· Ron Biancinni, representative of Universal Family Fitness
· Steven Schumaker, 37 Traditon Way
· Charles Richards, 5380 Balfour Road
· Mary Richards, 5380 Balfour Road
· Dough Fifer, 31 Tradition Way
· Resident, 29 Tradition Way
· Ray Shipley, 582 Red Rome Lane, Planning Commissioner

Those speaking in support of the health club:

· Fred Stornetta, 50 Guthrie Lane

Ralph Strauss, SDG Architects, presented a picture of the latest building elevations and a layout of the entire development plan showing the proximity of the development to the surrounding neighbors. 

Mr. Mosser readdressed Council with regards to the concerns voiced. He stated that he thought this is a great location for a health club because the surrounding residents can walk to the facility and it is an easy commute for residents in Discovery Bay. He further stated that the plans currently show a 6-foot wall at the perimeter of the property but they would be happy to make that an 8-foot wall. All City Ordinances will be adhered to with regards to noise. He further commented that traffic flow and parking should not be a problem as the majority of the spaces for the health club will be used in the early morning and evening hours while the businesses will use them during the daytime hours.

Councilmember Petrovich asked what were considered peak hours for the business.

Mr. Atherton responded that the peak hours would be between 4:30 p.m. and 7:30 p.m. Monday through Friday, stating that weekends are very slow usage times.

Councilmember Petrovich asked where the health club employees would park.

Mr. Atherton replied that the employees would park as close to the door as possible so they are not walking to remote areas of the parking lot late at night or very early in the morning. 

Mayor McPoland asked to see a diagram of the proposed lighting for the development.

Mr. Nolthenius produced a copy of the lighting plan for the parking lot and pointed out where each light would be.

Ralph Strauss replied that the lighting has been designed so that no lighting will travel off of the site.

Councilmember Petrovich asked Mr. Richards if he had an orchard on his property. 

Mr. Richards responded that his property was originally an orchard but now there are only two rows of trees around the perimeter of the property. He also pointed out that the peak hours of operations are exactly the hours when residents are home and trying to enjoy their property.

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

Councilmember Gomes stated that it is not the duty of the Council to conduct a design review or to condition uses at this time. The duty of the Council is to introduce and waive the first reading of an ordinance approving an amendment to PD-24 to establish development standards to Sub-Area A. If Council approves waiving the first reading, there will be other hearings by the Planning Commission to address what kind of buildings are going to be built on this piece of land and what design review is and if there is a proposed health club there, then what are the conditioned uses of that health club to make sure that they mitigate any impacts to noise or visual impacts. He further stated that he supported the Planning Commissions recommendation. 

Councilmember Beckstrand concurred with Councilmember Gomes and stated that there are currently no development standards in place for this area. This is basically restoring to the public the ability to come to the Planning Commission meetings when a business application is brought forward to voice your opinions there and work with them to fine tune what business actually ends up there. 

Mayor McPoland concurred with Councilmember Gomes and Councilmember Beckstrand.

ORDINANCE NO. 703

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING THE PLANNED DEVELOPMENT NO. 24 (PD-24) ZONE BY ESTABLISHING DEVELOPMENT STANDARDS FOR A 4.34-ACRE SITE, LOCATED ON THE EAST SIDE OF GUTHRIE LANE, APPROXIMATELY 250 FEET SOUTH OF BALFOUR ROAD (APN 010-150-034).

It was moved/seconded by Gomes/Beckstrand that the first reading of Ordinance No. 703 be waived and that the same be adopted as recommended by staff. Motion passed by the following vote: 

AYES: Council members Beckstrand, Gomes, Hill, Petrovich, Mayor McPoland
NOES: None
ABSENT: None
ABSTAIN: None

At 9:45 p.m. Council recessed to a break. 

Council reconvened 9:57p.m.

OLD BUSINESS

30. Approve a Resolution granting the appeal of Design Review No. 01-32 and deny without prejudice the project to construct a 179,500 sq. ft. shopping center located north of Lone Tree Way and east of Empire Avenue.

Jeff Zilm, Associate Planner, explained that this resolution reflects the action that was taken at the City Council meeting on April 9, 2002, regarding Design Review No. 01-32, the Lone Tree Shopping Center.

RESOLUTION NO. 2534

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO OVERTURN THE PLANNING COMMISSION’S APPROVAL AND GRANTS THE APPEAL OF DESIGN REVIEW NO 01-32 AND DENY, WITHOUT PREJUDICE, THE PROJECT TO CONSTRUCT A 179,500 SQ. FT. SHOPPING CENTER LOCATED NORTH OF LONE TREE WAY AND EAST OF EMPIRE AVENUE. 

It was moved/seconded by Petrovich/Gomes that the full reading of Resolution 2534 be waived and that the same be adopted. Motion passed by the following vote:


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

31. Reconsideration of Motion Granting the Appeal of Design Review 01-32, Lone Tree Center.

Dennis Beougher, City Attorney introduced the item explaining that pursuant to the rules of the City Council, a motion for a reconsideration can be heard prior to the end of the next City Council meeting. Mayor McPoland requested that Mr. Beougher put this item on the agenda for review and consideration.

Mayor McPoland explained that his motive for putting this item on the agenda was, that given the areas of concern were easements, dust control and traffic issues, he did not think it was fair to the applicant to start the process over. This item will just allow Council to set a date to hear the item again.

Councilmember Petrovich suggested that since there are so many people in attendance to speak on the item, that Council just move on the item to a date certain and then some of those in attendance may wish to wait and voice their comments at that time.


It was moved/seconded by Petrovich/Gomes to reconsider the motion granting the appeal of Design Review 01-32, Lone Tree Shopping Center Project. Motion passed by the following vote:

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

It was moved/seconded by Hill/Beckstrand to set the date of the reconsideration to May 14, 2002.
Motion failed by the following vote:

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

It was moved/seconded by Petrovich/Gomes to set the date of the reconsideration to May 28, 2002. Motion passed by the following vote:

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

Those speaking in support of the Lone Tree Shopping Center Project:

· Marian Nebreghall, 1216 Mission Drive, Antioch (moving to Brentwood) 
· Michelle Lewis, 882 Redhaven Street 
· Karen Rogge, 2321 Windy Springs, Brentwood
· Paul Martin, 805 Fletcher, Hayward

Those opposed to the Lone Tree Shopping Center Project:

· Constance Ferry, 100 Village Drive, Brentwood
· John Dalripple, Executive Director for the Contra Costa Labor Council, AFLCIO

NEW BUSINESS

32. Approve a resolution authorizing the City Attorney to enter into the attached letter agreement and to pursue an informal process for the renewal of the AT&T Broadband franchise. Pulled per Agenda Review.

33. Authorization of budget increase for Plan Check Consultant Services with Linart Peterson Powers Associates. 

Randy Kidwell, Chief Building Official, introduced the item.

It was moved/seconded by Hill/Beckstrand authorization of budget increase for Plan Check Consultant Services with Linart Peterson Powers Associates. Motion carried unanimously.

CITIZEN COMMENTS - none

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

Mayor McPoland reported on a Board of Supervisors meeting he attended with John Stevenson, City Manager, regarding fire services in East County.

Councilmember Gomes reported that he and Councilmember Hill attended the ribbon cutting for the Highway 4 Bypass and he is still the City’s representative for the Bypass Authority Committee. The committee is now looking at a way to simultaneously complete phases one and three.

REQUESTS FOR FUTURE AGENDA ITEMS

Councilmember Beckstrand requested a report on the status of trails in the Apple Hill area. 

ADJOURNMENT

There being not further business, the meeting was adjourned at 10:35 p.m. 

Respectfully Submitted,

Cynthia Goulding
Deputy City Clerk