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MINUTES
CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
October 14, 2003

A regular meeting of the City Council of the City of Brentwood was called to order at 7:00 p.m. in the Council Chambers located at 734 Third Street, with Mayor Swisher presiding.

Present: Councilmembers Beckstrand, Gutierrez, Hill, Petrovich, Mayor Swisher
Absent: None

PRESENTATIONS

A. Presentation from the American Cancer Society, by Heather Geiss, who said that the Relay for Life would be held next summer before the end of August and asked for community support.

B. Proclamation regarding Vasco Road Safety was presented by Council Member Beckstrand and asked that the community work towards safety awareness.

Mary Piepho, Assemblyman Guy Houston’s Office, acknowledged and recognized County and City efforts regarding safety on Vasco Road. She reminded the community of the Vasco Road safety forum at 7:30 p.m. on October 16, 2003, at Liberty High School Performing Arts Center.

Brenda De La Osa, Supervisor Millie Greenberg’s Office, recognized County and City efforts and noted that the daylight/headlight signs were already up on Vasco Road.

C. Presentation by Council Member Gutierrez to Dave Lang for years of service to the Youth Commission.

D. Presentation by Pat Murchison who announced the Summerset at Brentwood Charities Holiday Extravaganza on December 5, 2003.

F. Prior to new employee introductions, Family History Month Proclamation was presented by Council Member Beckstrand to Paul Westover.

E. New Employee Introductions and Oath of Allegiance

• Scott Dempsey, Public Works Department, Senior Equipment Mechanic.

• Timothy Riley, Wastewater Treatment Plant, Maintenance Supervisor.

• Catherine Alexander, Public Works Department, Administrative Assistant II.

• George Pitts, Public Works Department, Solid Waste Equipment Operator II.

• Diana Williford, Public Works Department, Administrative Assistant II.

• Michael Erck, Parks and Recreation Department, Custodian.

• Patricia Meyer, Accounting Technician II, Finance and Information Systems Department.

• Karen Stein, Administration Department, Assistant City Manager and Department Director for the Human Resources Division.

Mayor Swisher administered the oath of office.

AGENDA REVIEW

Item 26 Revised section in the Resolution and map.

It was moved/seconded by Petrovich/Gutierrez to approve the changes per Agenda Review. Motion carried unanimously.

CITIZEN COMMENTS

Michael Johnson, East County Realty, said he had was a real estate agent for Sylvia Dutra and that he had signed her up for the Cherry Hills division of Deer Creek, a new Kaufman & Broad home. Ms. Dutra found out that the City had issued 100 permits and had decided not to issue any more permits. There were 17 people who had purchased homes and they were outstanding because the clubhouse had not been built at the site. Ms. Dutra had two children attending school in Brentwood and would have to wait and live in an apartment until next August when the new home would be finished. He asked that the City release the permits to the people who had purchased their homes and had followed their contract.

Council Member Petrovich stated that it had to do with the contractor.

Mayor Swisher asked that it be brought back to Council as a future agenda item.

In response to Council Member Hill, Mr. Johnson responded that it was a blanket for Kaufman & Broad and that they had up to one year to deliver or they would let a person out of the contract. He added that since prices had gone up, the house was worth more money and he said he felt that Kaufman and Broad would like for Ms. Dutra to get out of her contract. Kaufman & Broad had an out and they had up until one year.

Ms. Dutra said she had placed her children in Krey Elementary School and did not want to move them again. It was not fair going into contract and then finding out that the house may not be built for one year and it depended upon the clubhouse being built.

Mr. Johnson stated that there were 17 people in contract with Kaufman & Broad and they were being held up.

In response to Council Member Gutierrez, City Manager, John Stevenson, noted that the subject would be brought to the next meeting.

CONSENT CALENDAR

1. Approve Minutes of September 9, 2003 (Petrovich abstaining) and September 23, 2003 (Beckstrand abstaining) and Minutes of the special meeting held September 17, 2003.

2. Reviewed Council Policy 10-4, City of Brentwood Investment Policy and approved Resolution No. 2992 amending said policy

3. Approved Resolution No. 2993 approving a Reimbursement Agreement with Apricot Venture, LLC Subdivision No. 8408, located south of Apricot Way, west of Fairview Avenue, for costs associated with Master Plan Facility Improvements.

4. Approved Resolution No. 2994 approving a Reimbursement Agreement with Braddock & Logan Group II, L.P. Subdivision No. 8661, located north of Central Boulevard and east of Fairview Avenue, for costs associated with Master Plan Facility Improvements.

5. Approved Resolution No. 2995 accepting the offers of dedications for the right-of-way of Pebble Beach Drive and Grey Hawk Court for public use as shown on the Final Map; accepting the offers of dedication for all the easements, abutter’s rights, sub-surface water rights and accepting all on-site public improvements (waterlines, sanitary sewer, storm drain, fiber optics, and streets with all related improvements) for maintenance; accepting the Subdivision Maintenance Bonds and releasing the Subdivision Improvement Securities for Deer Ridge Country Club Village B-1-A, KB Home, Subdivision No. 8478, located south of Balfour Road, west of Concord Avenue and west of Foothill Drive.

6. Approved Resolution No. 2996 accepting the offers of dedications for the right-of-way of Troon Drive and Bayonette Court for public use as shown on the Final Map; accepting the offers of dedication for all the easements, abutter’s rights, sub-surface water rights and accepting all on-site public improvements (waterlines, sanitary sewer, storm drain, fiber optics, and streets with all related improvements) for maintenance; accepting the Subdivision Maintenance Bonds and releasing the Subdivision Improvement Securities for Deer Ridge Country Club Village B-1-B, KB Home, Subdivision No. 8479, located south of Balfour Road and on Saint Andrews Drive.

7. Approved Resolution No. 2997 amending Resolution No. 99-170, authorizing the City Manager or the City Engineer to accept all interests in real property.

8. Status report of the New City Hall Project, CIP Project No. 337-3139, and approved Resolution No. 2998 authorizing the use of the Project’s goals and objectives.

9. Approved Resolution No. 2999 approving an agreement for purchase of fee parcel with Ronald E. Nunn, a married man, as his sole and separate property, for real property identified as APN 019-020-041, generally located on the west side of Jeffery 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.

10. Approved Resolution No. 3000 approving a Reimbursement Agreement with DeNova Homes Subdivision No. 8352, located south of Balfour Road and the John Muir Project, west of Concord Avenue, for costs associated with Master Plan Facility Improvements.

11. Approved Resolution No. 3001 authorizing the City Manager to execute a Professional Services Agreement for The Covello Group, Inc., to provide project management assistance for the Zone I Reservoir 1.3, CIP Project No. 562-5630 and authorize the City Manager to approve change orders up to 10% of the contract amount.

12. Approved Resolution No. 3002 authorizing the City Manager to execute a Professional Services Agreement with Luhdorff and Scalmanini Consulting Engineers, Inc., for exploratory test hole drilling, well monitoring, site evaluation and pre-design report for Water Well 15, CIP Project No. 562-5631, and amend the CIP Project Budget and authorize the City Manager to approve change orders up to 10% of the contract amount.

13. Approved Resolution No. 3003 certifying the Environmental Impact Report for the Improvement of Shady Willow Lane and Amber Lane, a portion of the Northwest Quadrant Infrastructure.

14. Approved Resolution No. 3004 accepting the work performed by DSS Company for the Brentwood Bikeway Project, CIP Project No. 336-3071, and reinstate the project into the 2003/2008 CIP Program, and direct the City Clerk to file a Notice of Completion with the County Recorder.

15. Approved Resolution No. 3005 accepting the work performed by Antioch Paving Company, Inc. for the construction of the Second Street Parking Lot, CIP Project No. 336-3135, and direct the City Clerk to file a Notice of Completion with the County Recorder.

16. Waived second reading and adopted Ordinance No. 762 amending Chapter 2.04.020 relating to Time and Place of Meeting.

17. Approved Resolution No. 3010 canceling the Council meetings of November 11, 2003 and December 23, 2003.

18. Approved Resolution No. 3006 approving Temporary Use Permit No. 03-14 to allow the Immaculate Heart of Mary Church the use of City owned property for their Fall Festival on October 18, 2003 from 10:00 a.m. to 6:00 p.m., located within the downtown and affecting the closure of one street.

19. Approved Resolution No. 3007 approving Temporary Use Permit No. 03-15 to allow the Liberty Union High School the use of City owned property for the annual Homecoming Parade, located within the downtown and affecting the closure of surrounding streets on October 24, 2003 from 5:00 p.m. to 7:30 p.m.

20. Waived second reading and adopted Ordinance No. 761 amending Chapter 17.467 PD-17 Zone and the Garin Ranch Specific Plan allowing Townhouse/Cluster Home uses to occur in Planning Area 1 and allowing Zero Lot Line single family use to occur in Planning Area 5 within the Garin Ranch Development. Hill abstaining

21. Approved Resolution No. 3008 approving Temporary Use Permit No. 03-17 to allow the Chamber of Commerce the use of City owned property for their Hometown Halloween, located within the downtown and affecting the closure of several streets on October 25, 2003 between the hours of 4:00 pm and 8:00 pm.

22. Approved Resolution No. 3009 taking no action on the CybAirCorp application regarding cable television franchise.

It was moved/seconded by Beckstrand/Petrovich to approve Consent Calendar Items 1C, 2 – 16, 18 – 19 and 21 – 22 as recommended by staff. Motion carried unanimously.

Item 1A Approved Minutes of September 9, 2003.

It was moved/seconded by Hill/Swisher to approve Item 1A as recommended by staff. Council Member Petrovich abstained. Motion carried.

Item 1B Approved Minutes of September 23, 2003.

It was moved/seconded by Hill/Swisher to approve Item 1B as recommended by staff. Council Member Beckstrand abstained. Motion carried.

Item 17 Approve a Resolution canceling the Council meetings of November 11, 2003 and December 23, 2003.

RESOLUTION NO. 3010

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD CANCELLING THE CITY COUNCIL MEETINGS OF NOVEMBER 11, 2003 AND DECEMBER 23, 2003

It was moved/seconded by Beckstrand/Gutierrez to approve Resolution No. 3010 as recommended by staff. Motion passed by the following vote:

AYES: Councilmembers Beckstrand, Gutierrez, Hill, Petrovich, Mayor Swisher
NOES: None
ABSENT: None
ABSTAIN: None

Item 20 Waive second reading and adopt Ordinance No. 761 amending Chapter 17.467 PD-17 Zone and the Garin Ranch Specific Plan allowing Townhouse/Cluster Home uses to occur in Planning Area 1 and allowing Zero Lot Line single family use to occur in Planning Area 5 within the Garin Ranch Development.

ORDINANCE NO. 761

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND PLANNED DEVELOPMENT NO. 17 AND THE GARIN RANCH SPECIFIC PLAN BY CHANGING 22 ACRES FROM APARTMENT, CONDOMINIUM, COMMERCIAL, PUBLIC FACILITY USES TO COMMERCIAL, TOWNHOUSE, CLUSTER HOME USES WITH DEVELOPMENT STANDARDS FOR THE CLUSTER HOME USE (PLANNING AREA 1) AND BY CHANGING 10.5 ACRES FROM DUET/TOWNHOUSE USES TO ZERO LOT LINE SINGLE FAMILY USE WITH DEVELOPMENT STANDARDS FOR THE ZERO LOT LINE SINGLE FAMILY USE (PLANNING AREA 5), LOCATED WITHIN SIGNATURE PROPERTIES GARIN RANCH DEVELOPMENT.

It was moved/seconded by Petrovich/Gutierrez to waive second reading and adopt Ordinance No. 761 as recommended by staff. Motion passed by the following vote:

AYES: Councilmembers Beckstrand, Gutierrez, Petrovich, Mayor Swisher
NOES: None
ABSENT: None
ABSTAIN: Councilmember Hill

PUBLIC HEARINGS

23. Consider a Resolution approving General Plan Amendment (GPA 03-01), an Ordinance approving a Rezoning (RZ 03-07), including the adoption of development standards, and an Ordinance approving Development Agreement Amendment (DA 01-02A) to add seven (7) acres to the John Muir Development Plan.

Director of Community Development, Mitch Oshinsky, stated that the Development Agreement appoved by Council in August 2001, required that construction commence on at least 15,000 square feet of medical uses within three years of approval of the development agreement and that completion of construction occur within an additional eighteen months. John Muir had until August 2004 to start construction and until February 2006 to complete building the 15,000 square feet of medical space. Building and grading plans had been submitted to the City by John Muir on the initial 108,000 square feet of medical office building. John Muir was in compliance with the terms of the development agreement. He said staff recommended approval of the general plan, zoning and development agreement amendment, which was necessary for John Muir to incorporate the seven acres being purchased from ARCO.

Mayor Swisher opened public hearing.

Tom Terryll, representative of John Muir/Mt. Diablo Health System, noted that it was a complicated merging because there were different sub areas with different uses, heights and densities.

It was moved/seconded by Petrovich/Hill to close the public hearing. Motion carried unanimously.

RESOLUTION NO. 3011

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AMENDED MITIGATED NEGATIVE DECLARATION AND A GENERAL PLAN LAND USE AMENDMENT (GPA 03-01) ON 7 ± ACRES CHANGING THE LAND USE FROM A MIX OF LOW DENSITY RESIDENTIAL (L) AND GENERAL COMMERCIAL (GC) TO SPECIAL PLANNING AREA (SPA) ‘Q’ FOR PROPERTY GENERALLY LOCATED ALONG THE SOUTH SIDE OF BALFOUR ROAD ON BOTH SIDES OF JOHN MUIR PARKWAY, FILED BY JOHN MUIR/MT. DIABLO HEALTH SYSTEMS (THE MAJOR PORTION OF APN 010-010-025).

It was moved/seconded by Petrovich/Hill to waive full reading and approve Resolution No. 3011 as recommended by staff. Motion passed by the following vote:

AYES: Councilmembers Beckstrand, Gutierrez, Hill, Petrovich, Mayor Swisher
NOES: None
ABSENT: None
ABSTAIN: None
ORDINANCE NO. 763

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING: AN ADDENDUM TO A MITIGATED NEGATIVE DECLARATION AND A REZONE (RZ 03-07) INCLUDING THE ADDITION OF DEVELOPMENT STANDARDS, FOR PROPERTY LOCATED SOUTH OF BALFOUR ROAD ON BOTH SIDES OF JOHN MUIR PARKWAY (A MAJOR PORTION OF APN 010-010-025).

It was moved/seconded by Petrovich/Hill to waive first reading and approve Ordinance No. 763 as recommended by staff. Motion passed by the following vote:

AYES: Councilmembers Beckstrand, Gutierrez, Hill, Petrovich, Mayor Swisher
NOES: None
ABSENT: None
ABSTAIN: None

ORDINANCE NO. 764

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN CITY AND JOHN MUIR/MT.DIABLO HEALTH SYSTEM

It was moved/seconded by Petrovich/Hill to waive first reading and approve Ordinance No. 764 as recommended by staff. Motion passed by the following vote:

AYES: Councilmembers Beckstrand, Gutierrez, Hill, Petrovich, Mayor Swisher
NOES: None
ABSENT: None
ABSTAIN: None

24. Approve a Resolution revising development fees to establish a Public Art Fee and amend the City’s Master Fee Resolution.

Parks and Recreation Director, Craig Bronzan, explained that this was consideration of a resolution that would provide fees necessary to implement the program. On any public development, the fee would be one percent of construction costs as outlined in the ordinance. Residential developments would be 4/10ths of one percent of the project valuation as set forth in the City’s building permit. He suggested that it be done and was traditional in cities that had anything revitalized, repaired and reconstructed and had a project with a value of over $250,000. There was an in-lieu contribution if the project decided or did not wish to or could not place art in the project which could be paid at 1 1/4 percent of the cost.

Mayor Swisher opened the public hearing.

It was moved/seconded by Swisher/Hill to close the public hearing. Motion carried unanimously.

RESOLUTION NO. 3012

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ESTABLISHING A PUBLIC ART FEE AND AMENDING RESOLUTION NO. 2969 TO REVISE THE MASTER FEE PROGRAM

It was moved/seconded by BeckstrandGutierrez to waive full reading and approve Resolution No. 3012 as recommended by staff. Motion passed by the following vote:

AYES: Councilmembers Beckstrand, Gutierrez, Hill, Petrovich, Mayor Swisher
NOES: None
ABSENT: None
ABSTAIN: None

25. Approve a Resolution amending the 2003/04 Master Fee Schedule/Cost Allocation Plan.

Parks and Recreation Director, Craig Bronzan, explained that every year, through the cost allocation plan, Council approved the fees for recreation programs. Programs come up throughout the year and it would need to be brought back to Council following the methodology approved on setting fees. This was for the consideration of additional two classes for a mobile piano lab, with a fee of $98 and a one-pitch adult softball tournament at $145 per team. He added that the mobile piano lab had come about since a lot of the cultural arts and music programs were being cut from schools and a self-contained trailer was developed. The Parks and Recreation Department was facilitating to try and get the trailer to different sites in town for children who might not have a piano at home.

Mayor Swisher opened the public hearing.

It was moved/seconded by Hill/Beckstrand to close the public hearing. Motion carried unanimously.

RESOLUTION NO. 3013

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING RESOLUTOIN NO. 3012 REVISING THE 2003/04 MASTER FEE SCHEDULE/COST ALLOCATION PLAN TO INCLUDE RECREATION PROGRAM FEES.

It was moved/seconded by Petrovich/Beckstrand to waive full reading and approve Resolution No. 3013 as recommended by staff. Motion passed by the following vote:

AYES: Councilmembers Beckstrand, Gutierrez, Hill, Petrovich, Mayor Swisher
NOES: None
ABSENT: None
ABSTAIN: None

26. Approve a Resolution adopting a temporary in-lieu parking fee for new and expanding projects within the downtown area.

Director of Community Development, Mitch Oshinsky, said that when property owners wish to build, expand or intensify a land use, they need to provide parking to accommodate their employees, patrons and/or residents. In most areas of City, where new buildings were going up, providing parking was not a problem due to the availability of adequate land. In the City’s historic downtown area, many existing buildings or lots did not have enough land available to provide adequate parking. One mechanism used by many cities in similar situations, was to allow payment of a fee in-lieu of providing the required parking. The proceeds of the fees would go towards construction of downtown public parking facilities. Redevelopment and Community Development staff had worked with economic consultants, Gruen and Gruen, to determine what a reasonable in-lieu fee would be for the downtown area. Staff surveyed a number of cities to see what they charged and based on the information, the Economic Development Subcommittee recommended that Council adopt a downtown in-lieu parking fee of $2,500 per space for non residential uses. The residential uses downtown would need to provide one parking space for each residential dwelling unit and could pay the fee for the second parking space required by the Code.

Council Member Gutierrez asked if this was only for new projects. Director Oshinsky responded that it was for new projects and in some cases, an intensification of use such as if it was for a new restaurant, it would require more parking than an office or retail building would.

Council Member Gutierrez asked how this would fit into the downtown specific plan and Director Oshinsky said that Council was moving forward with the parking structure which was looking at an overall solution for providing more parking for the downtown. The in-lieu fee would provide an additional source of funding to help the City pay for the parking structure or any other parking facilities and would assist the businesses that depended upon parking.

Council Member Gutierrez asked if this would greatly increase the amount of money that would need to be invested by a small business owner and Director Oshinsky said it could increase the amount of money and would increase the options. He said that in downtown, it was difficult to meet existing Code and this would increase the options for a small business owner to be able to meet the parking requirement.

Mayor Swisher opened the public hearing.

Steve Huffer stated that he was co-owner of one of the stores in the downtown area. He said he had observed that small businesses coming downtown would usually put a lot of money into making a business successful and the addition of a $2,500 levy for parking would negatively impact the ability of a business goal to open up. He said if a business wanted to expand in the downtown area and increase the attractiveness of the downtown area to the public increase foot traffic. He was concerned about the downtown area and the viability for retail. The economic development side of the City was looking at an overall plan to revitalize and this was a barrier to adding new businesses and would be detrimental. He asked what other options were looked at and he suggested parking meters as a viable way to obtain parking and grants may be available to Redevelopment staff to apply to projects to improve the downtown area.

Director Oshinsky said if there was a retail business going into an existing building, the uses would be permitted since it was an existing building and new parking would not need to be provided. If a new building was going up or use of an existing building was changing to a more intense use that required more parking, they would need to provide parking for the added increment of intensity.

In response to Council Member Petrovich, City Manager, John Stevenson, stated that the intent of fee was to charge the fee when there was an intensification of use. If a store was expanded into a space that had a less intense use that their expansion, he said he believed that there would be some sort of a fee charged. It was based on the intensity of and the parking required by that use then where they would be expanding into.

Council Member Petrovich asked if a business went into a bigger spot that had a less intense use, which may be substantially bigger, and would intensify the business by a lot more traffic, they would need to pay a parking fee.

City Manager, John Stevenson said that may be the case.

Director Oshinsky said that the parking was not based on the number of employees for an office use it was whether it was an office or restaurant use and typical retail and office uses were not a problem and it was for a more intense use such as restaurants. It was not the number but the square footage of the building, which was required to have a certain number of parking spaces per square footage. He added that the intensity of the use was based on definitions in the land uses and categories in the zoning ordinance. The zoning ordinance listed the uses that were permitted subject to conditional use permit and for each different use, there was a parking requirement. Parking requirements were based on experience and the International Transportation Engineer’s Association. Parking studies had determined the amount of parking that should be required for different kinds of uses based on intensity and that standard was applied to how many square feet of building they were occupying. It was based on intensity and then applied to square feet of building. The downtown specific plan would get into the types of uses that Council and the community would like to have for the downtown area.

Patrick McGarren said that all of this was temporary and appropriate until the downtown specific plan was resolved which was in the process of being developed and that this seemed to be a fair proposal.

It was moved/seconded by Swisher/Beckstrand to close the public hearing. Motion carried unanimously.

Council Member Petrovich said he had spoken to several businesses that would not go forward with their plans if the fee went in to place. The businesses in the downtown area were small businesses and for someone to buy a building and build a restaurant, it would require a substantial number of parking spaces. He had a hard time putting this type of economic burden on a small business or potential business owner. He said he believed that this would not work in the downtown area. With regards to his office, it meant that he could expand his office and not pay the in lieu fee. He said he believed that the fee was not fair to small business owners who were trying to make their businesses flourish.

Council Member Hill said he felt it was confusing and if a business moved into retail space, there was no net new impact. If a second story was added, there would be a net new increase and there would be a fee associated with the increase and would impact the parking. He noted that the three Victorian homes along Brentwood Boulevard were going from residential use to office use, which was an intensity of use and trips. One was able to mitigate all of the parking on site with no fee and the other was four stalls short and that person wanted to move forward and was willing to pay the fee to move forward. In comparison to other cities, this was the lowest fee and it was all calculated.

Council Member Gutierrez asked what Council would want in the downtown specific plan and that there was transit versus permanent parking. This was not a permanent solution and was needed to move forward and owners in the downtown area needed to let Council know what their needs were. Small businesses should be active in the specific plan process and she said she believed that Council should move forward.

RESOLUTION NO. 3014

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING THE IN-LIEU PARKING FEE AS PRESENTED IN EXHIBIT ‘A’, AMENDING RESOLUTION NO. 3013 TO REVISE THE MASTER FEE PROGRAM.

It was moved/seconded by Swisher/Hill to waive full reading and approve Resolution No. 3014 as recommended by staff. Motion passed by the following vote:

AYES: Councilmembers Beckstrand, Gutierrez, Hill, Mayor Swisher
NOES: Council Member Petrovich
ABSENT: None
ABSTAIN: None


NEW BUSINESS

27. Approve a Resolution authorizing a $5,000 contribution to Liberty Union High School’s Unity Plaza project.

City Manager, John Stevenson, explained that the item was in response to an appeal that was heard several weeks ago from Liberty High School students requesting the City’s participation and assistance in the Unity Plaza.

RESOLUTION NO. 3015

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE FINANCE DIRECTOR TO ASSIST IN FUNDING THE LIBERTY UNTION HIGH SCHOOL UNITY PLAZA PROJECT THROUGH A DONATION OF $5,000 FROM THE CITY MANAGER’S CONTINGENCY FUND.

It was moved/seconded by Hill/Petrovich to waive full reading and approve Resolution No. 3015 as recommended by staff. Motion passed by the following vote:

AYES: Councilmembers Beckstrand, Hill, Petrovich, Mayor Swisher
NOES: None
ABSENT: None
ABSTAIN: Councilmember Gutierrez

28. Approved a Resolution authorizing the City Manager to enter into a 0% 10-year loan agreement with Contra Costa County in an amount not to exceed $1.5 million to be spent for construction of safety improvements to Vasco Road within Contra Costa County, and placing a sunset on this loan offer in the event that construction does not start within 6 months of the date of adoption of this resolution.

City Manager, John Stevenson, explained that the item was in response to difficulties experienced recently on Vasco Road, noting that there had been 73 accidents over the last two years and the rate of accidents did not seem to be decreasing. In response to that, staff looked into the cost of Jersey barriers and other improvements and it appeared that $1.5 million was sufficient to do considerable safety improvements on the road. He had contacted John Sweeten, County Administrator and County Supervisor who were in favor of this sort of a system. The County had budgetary constraints which would considerably slow safety improvements and the Resolution would move the necessary safety efforts forward without budgetary delays and then to have the County pay the City back over a ten year period, with zero percent interest.

Council Member Petrovich asked if the County would be given the money and then the City would wait for them to do the job or if the City would do the job on their behalf.

City Manager Stevenson stated that this was money available for construction and the road was outside the jurisdiction of the City and the City not be doing the work nor would the City give the County the money and wait or assume that they would do the work. The County had a six-month time frame to start the construction and the City would hold the money for six months until the construction was finished.

Mary Piepho, Assemblyman Guy Houston’s Office, said that partnerships and collaboration between the agencies were recognized and efforts to get the job done to make it safer for residents in far east County.

Mr. Altman thanked Council for their support on the Vasco issue and said that this was the beginning of the safety improvements that needed to be done on the road and the time limit set on the work for the road. He had been told that the signs would be up October 14, 2003 and the signs were up by that time and he asked to hold the County to the time frames. He hoped that the new governor would approve of it also. He wanted a safer road for loved ones to travel on.

Council Member Hill commented that he was in favor or moving forward with the work and would not tolerate incompetence from the County in the sense of dragging. The incompetence was what had led Vasco Road to the disasters it had and it could not continue. If the $1.5 million made it safer for the interim, then he was for it. He wanted a full-blown commitment to implement the dollars immediately and if the County could not do it, they needed to publicly tell the City why they could not.

RESOLUTION NO. 3016

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER TO ENTER INTO A 0% 10-YEAR LOAN AGREEMENT WITH CONTRA COSTA COUNTY IN AN AMOUNT NOT TO EXCEED $1.5 MILLION TO BE SPENT FOR CONSTRUCTION OF SAFETY IMPROVEMENTS TO VASCO ROAD WITHIN CONTRA COSTA COUNTY, AND PLACING A SUNSET ON THIS LOAN OFFER IN THE EVENT THAT CONSTRUCTION DOES NOT START WITHIN 6 MONTHS OF THE DATE OF ADOPTION OF THIS RESOLUTION, AND FINISH WITHIN 12 MONTHS OF ADOPTION OF THIS RESOLUTION.

It was moved/seconded by Hill/Petrovich to waive full reading and approve Resolution No. 3016 as recommended by staff. Motion passed by the following vote:

AYES: Councilmembers Beckstrand, Gutierrez, Hill, Petrovich, Mayor Swisher
NOES: None
ABSENT: None
ABSTAIN: None

29. Conceptually approved density bonus request of Private Island Homes subject to obtaining the support of BALT to exceed mid-range density for proposed Magnolia Ranch development.

Senior Planner, Winston Rhodes introduced a staff report noting that the area was located southwest of the intersection of O’Hara Avenue and Neroly Road in the northern portion of the City, adjacent to the boundary with the City of Oakley. The developer proposed a tentative subdivision map to subdivide 30.7 acres into 84 single family lots, which exceeded the mid-range that was allowed under the general plan. He asked for Council input and direction on the proposed amenities in exchange for the amount of units exceeding the mid-range density. The proposed project provided three types of amenities in order to justify the additional density. The first was to provide affordable housing, four lower income units that would be sold in exchange for five units above the mid range density and would be allowed under the recently adopted affordable housing ordinance, which constituted the five percent of the total number of units proposed and would be entitled to a density bonus under the ordinance. The second amenity was exceeding the required public park acreage of the City by 40 percent and the applicant was proposing 1.8 acres of public park space when 1.26 was required for population. The first two amenities were being requested for six units above the mid-range and the last was being proposed by the developer to utilize 20 transferable agricultural credits under the City’s Agricultural Enterprise Program to obtain an additional 20 dwelling units above mid-range density. The program provided for two development credits to be earned for each acre of farmland permanently preserved. When the developer wanted to exceed the allowable mid-range, and remain under the maximum number of units allowed for residential site by the general plan. In exchange for the 20 development credits, developers must permanently conserve 10 acres within the TAC area. The TAC area was roughly south of the ECCID main canal, west of Sellers Avenue, east of Marsh Creek and north of Marsh Creek Road. It was an area where a lot of commuters drive through. The mechanism to ensure conservation of the agricultural land in the TAC area would be a conservation easement held by the Brentwood Agricultural Land Trust. The developer had reached an agreement with a property owner in the TAC area who owned 10.4 acres located south of Concord Avenue, between Marsh Creek and Walnut Boulevard. The item was considered at the Housing Subcommittee meeting where mid-range density was discussed as it related to the site and proposed amenities by Private Island Homes to justify the units above mid-range and for focusing on affordable housing and park acreage. The consensus of committee was that the project be forwarded to Council for discussion without a recommendation given. The property owner and Private Island homes decided to wait until all Brentwood Agricultural Land Trust (BALT) members visited the property to see if BALT was interested in holding as an agricultural property. BALT needed to consider the conservation easement portion of any TAC transaction, staff altered its original recommendation and now recommends that Council discuss the project to provide feedback to staff and the applicant regarding the proposed amenities and either defer taking action until BALT reviewed the opportunity further and made a recommendation to the Council or alternatively, conceptually approve the density bonus request subject to obtaining the support of BALT.

Council Member Gutierrez said she was not comfortable with moving forward with the 20 unit increase density bonus if BALT had not assessed the property. Whether or not they want to buy the conservation easement, Council should not vote to do it anyway and she asked to have the BALT assessment before moving forward and asked if the property was outside of the City.

Senior Planner Rhodes stated that the property, where the transferable agricultural was held, was outside of the City.

Mayor Swisher said he believed that Council could place a condition on it saying that if BALT did not accept it, the motion did not carry.

Council Member Gutierrez said she would be all right with placing that type of condition on it.

Council Member Petrovich said it appeared to him that they met the qualifications to do the project and he did not see why they could not do it if it was recommended. He recommended moving forward with it and supported it if the Housing Subcommittee supported it.

City Attorney, Dennis Beougher, said that there was no requirement that Council grant all 20 units above mid-range and that Council could grant from two to 20 units. Private Island Homes could bank the difference of what Council granted and be sold to another developer on another site.

Council Member Petrovich said that the intent of the program was to get property under the land trust and there was no way that this would go into a land trust unless the project was approved.

Council Member Hill said that there was a provision when it was approved that there be a strategic benefit to an overall preservation plan. He did not know if they wanted it or not but it was to say that they had only met the requirements if they want it. The property should be evaluated on its merits and not with the endorsement of the City and he had not problem using TAC credits and he did not agree to do nothing. If Council approved the item conceptually, it would be subject to BALT’s acceptance without exception.

Senior Planner Rhodes noted that Council would be speaking to the issue of using TAC credits with respect to the site to get the density bonus that was needed to build the project.

Mayor Swisher said he was glad to have a developer who was ready to start the ball rolling and buy credits. He said he had no problem with placing a condition on the item since that was what the City had BALT for and they needed to make the approval.

It was moved/seconded by Swisher/Hill to approve the request of Private Island Homes to exceed the mid range density with the condition that BALT approved the TAC credits that were currently proposed. Motion carried unanimously.

INFORMATIONAL REPORT

30. Informational report on Subdivision 8491, Deer Ridge Country Club - Village H-1-A Final Map approval.

City Attorney, Dennis Beougher, explained that the City Manager had ten days to take action after informing Council first before signing the map.

Council Member Hill was concerned about the whole project. He had heard about the unfairness occurring by the builders with the buyers. The City was being placed in a bad position since the City was holding the developer accountable for what they had contractually committed to the City. He expected that anyone making a contract would be held accountable. He was concerned with every aspect of the project until he had a full understanding of when the City had approvals of their entitlements and other aspects of the project.

City Manager Stevenson said staff would bring back all of the details in two weeks.

CITIZEN COMMENTS

Chamber of Commerce representative, Greg Robinson, noted that with holidays coming and darkness earlier, the downtown fountain is dry and he asked that it be looked into before Home Town Halloween and the parade. He asked if the lights in the trees that were not working were the City or Chamber responsibility and if it was the Chamber’s responsibility, it would be taken care of.

Mr. Johnson said that the County allowed trapping of domestic animals and that one of the neighbors on Redhaven had been trapping cats and taking them to pound to be put to sleep. He asked if the City could stop the baiting of traps since three or four different families in that neighborhood had been affected He said he felt that this was unfair since cats used to be considered free roaming animals and he asked if the City could do anything. He agreed that there were problems with developers and that 17 families were affected and he asked that this be readdressed.

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

Councilmember Beckstrand informed that at the Nationwide Public Transportation Association’s Conference in Salt Lake City, the bus drivers of Tri Delta Transit had received the top award for the best bus drivers and mechanics in the nation. The Board of Directors of Tri Delta would be acknowledging employees on October 22, 2003 at 4:00 p.m. and she asked that the City do a proclamation.

REQUESTS FOR FUTURE AGENDA ITEMS - none

Mayor Swisher requested that the Council Policy review be rescheduled to 11/25/03 for a workshop at 6:00 p.m.

Council Member Hill requested directed City Manager to bring forth the ordinance dealing with the Planning Department signing off on improvement plans and he asked for Council discussion and consideration.

It was moved/seconded by Swisher/Hill to adjourn the meeting. Motion carried unanimously.

There being no further business the meeting was adjourned at 8:48 p.m.

Respectfully Submitted,


Cynthia Garcia
Assistant City Clerk
 

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