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Past Agendas

MINUTES
CITY OF BRENTWOOD
REGULAR CITY COUNCIL MEETING
October 28, 2003

A regular meeting of the City Council of the City of Brentwood was called to order at 5:00 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

The meeting adjourned to closed session at 5:01 p.m. pursuant to Government Code §54956.8

CLOSED SESSION

Conference with Real Property Negotiators pursuant to Gov’t Code § 54956.8
Property: APN #013-041-006
Agency negotiators: John Stevenson
Under negotiation: terms

Closed Session adjourned at 5:20.p.m. to the Redevelopment Agency meeting.

The regular meeting of the City Council reconvened at 7:37 p.m. in the Council Chambers with all Council Members present.

Mayor Swisher stated that there was no reportable action from Closed Session.

PRESENTATIONS

A. Presentation from Contra Costa Water District regarding Los Vaqueros Reservoir Expansion Study/ballot measure March 2004.

Karl Wandry, District Representative for East County, presented a power point presentation and explained that the vote on the March 2, 2004 ballot would be confined to the Water District vote and not a Countywide vote. There would be a ballot measure asking if the District should work to expand the Reservoir at no cost to increase water supplies for drought protection, improve drinking water quality and protect endangered fish in the Delta, under the conditions that (1) the water rates will not increase, no water would be exported to Southern California and that Contra Costa would still own and operate the facility”. Once the authorization was obtained, the environmental impact report and other studies would be done.

Council Member Beckstrand asked if CCWD had considered the City a part of the Water District. Mr. Wandry responded that only part of the City was in the District and that he would look into it.

Council Member Beckstrand noted that the Water District had an outreach program for schools allowing tours of the facility on an educational, field trip basis and that Brentwood schools had been denied access. Mr. Wandry responded that he was not aware and that the District would consider implementing the program.

Council Member Beckstrand asked if CCWD was prepared to mitigate impacts on Vasco Road and Mr. Wandry said that CCWD would consider Vasco and be willing to participate.

Council Member Beckstrand said that when the reservoir had first been created, the District had been asked to relocate Vasco Road and make minimal improvements. She asked if the District would be willing to take more responsibility than they had done in the past. Mr. Wandry responded that the District had relocated the road with the current Los Vaqueros and the District would not take full responsibility but would participate.

Council Member Hill commented that as CCWD moved forward with project, and if it was at the point of an environmental review, far East County insurance rate payers could potentially be impacted by it as a flood inundation area and had started to appear on real estate disclosures more frequently as part of the existing Los Vaqueros Reservoir. It could change the flood plain maps dramatically and he hoped the environmental impact report would address that issue and how it would affect ratepayers as part of their homeowner’s insurance policies.

Mr. Wandry said that the current inundation area affected Discovery Bay and Byron more than it did the City, which was minimal in the southern area and the builders were disclosing the information.

Council Member Hill said it was required by law as a transfer of existing property and was occurring in the core of the community as part of the tributaries. He said it appeared that engineering firms were covering themselves and they were pushing the boundaries out further and the questions that had been raised needed to be addressed as part of the environmental impact report and how it would impact the ratepayers in the County.

B. Presentation of a proclamation from Senator Torlakson congratulating and commending the City for its leadership on the award winning Agricultural Enterprise Preservation Program; and an Award of Excellence for Focused Issue Planning from the American Planning Association, California Chapter, for the Agricultural Enterprise Preservation Program.

Community Development Director, Mitch Oshinsky, recognized Council for the agricultural enterprise program, which was a result of a multi-year collaboration between local farmers and the City and was to preserve up to 11,000 acres of prime farm land and open space and provided farmers new funding opportunities.

AGENDA REVIEW - None

CITIZEN COMMENTS

Mel Eckerstrom said he had been hired to produce the Art and Wine Festival for the second year. He thanked Council Members and staff participants and reported that $9,500 had been given back to the City.

Mostafa Gardizi said that the current developer contracted to do the golf course development had numerous delays regarding building codes and was causing 16 to 17 homes be delayed in development. He asked for the assistance of Council to resolve the issues of 17 homeowners.

Emily Gullo said she was a resident of Shadow Lakes and referred to a nearby shooting at a City park. She was uneasy about the shooting and the lights in the park and bathrooms stayed on late. She said she was not comfortable calling the Police Department and she asked for suggestions to put her mind at ease.

Mayor Swisher referred Ms. Gullo to Police Chief Davies who would be able to assist her and he expressed confidence in the Police Department.

Council Member Hill asked that the Parks and Recreation Department become involved.

Karen Rogge said that Empire was opened and the residents were happy; however, there would be 644 homes on Lone Tree Way and there was talk about taking Lone Tree under the railroad tracks. She spoke about the Winco opening and traffic because of the road construction and infrastructure placement. Traffic on Lone Tree was at a standstill with 15 to 20 minute delays. She was concerned with lack of coordination of so many new projects coming on line and their impact on the traffic. She did not like it but said she understood why the northwest exclusion for the Regional Growth Management Policy. Traffic and air quality were not good and it was all because of the construction and roadwork and building homes. She asked for more enforcement on job sites. She suggested not closing two main access points at the same time. She asked for daily communication with signs daily for people giving them the dates on how long the work would be done and providing an alternate route and to make it visible before people are not able to turn around. She asked if work could be done on one side of Lone Tree at a time and that Council look regionally and not just project specific to coordinate projects with infrastructure located on major roadways.

CONSENT CALENDAR

1. Approved Resolution No. 3017 authorizing the City Manager to execute a Professional Services Agreement with Mark Thomas & Company, Inc., for pre-design reports and exhibits, right-of-way surveys, ongoing coordination with the Union Pacific Railroad and access alternatives for adjacent property owners for the Lone Tree Way / Union Pacific Under crossing, CIP Project No. 336-3134, and authorize the City Manager to approve change orders up to 10% of the contract amount.

2. Approved Resolution No. 3020 authorizing City staff to close the Sand Creek Road/O’Hara Avenue Loop from Brentwood Boulevard to Central Avenue for Sand Creek Road (East), CIP Project No. 336-3061 for the Contractor to make repairs to the fire damaged box culvert. Beckstrand abstaining

3. Approved Resolution No. 3018 accepting the work performed by AA1 Services, Inc. for the Zone I Water Reservoir Coating Project, CIP No. 562-5602 and direct the City Clerk to file a Notice of Completion with the County Recorder.

4. Approved Resolution No. 3021 awarding contract for the Balfour Road Park, CIP Project No. 522-5221 to Misan Construction, Inc. in the amount of $2,802,500 including additive alternates 1, 2, and 3, and authorizing the City Manager to execute the agreement and necessary documents and authorize change orders up to 10% of the contract amount. Swisher abstaining

5. Accepted resignation of Jan Melloni from the Arts Commission.

6. Waived second reading and adopted Ordinance No. 763 approving a Rezoning (RZ 03-07), including the adoption of development standards, and Ordinance No. 764 approving Development Agreement Amendment (DA 01-02A) to add seven (7) acres to the John Muir Development Plan.

7. Authorized the Police Chief and City Manager to begin negotiations with the California Highway Patrol, Contra Costa County Sheriff, East Contra Costa Fire Protection District, Contra Costa County District Attorney’s office and other related public safety agencies on exploring the possibility of leasing the unused portion of the new Police Station.

8. Approved Resolution No. 3019 authorizing the City Manager to execute a Program Supplement Agreement No. 002-M Rev. 1 to Administering Agency-State Agreement No. 04-5300 for reimbursement costs of preliminary engineering and right-of-way for the Walnut Boulevard Widening Project, CIP Project No. 336-3056.

9. Approved Resolution No. 3022 authorizing the City Manager to execute a First Amendment to the Communications Site Lease Agreement with Pacific Bell Wireless, LLC to allow the addition of a 2’ diameter microwave dish to its existing wireless facilities located on the City’s Water Tower at 4061 Walnut Boulevard, subject to a wind load analysis performed by Pac Bell and approved by the City Engineer.

10. Approved the Sunset Industrial Complex Sales Strategy Criteria Ranking and Preliminary Lot Layout.

It was moved/seconded by Hill/Gutierrez to approve Consent Calendar Items 1, 3, 5 to 8 and 10 as recommended by staff. Motion carried unanimously.

Item 2 Approve a Resolution authorizing City staff to close the Sand Creek Road/O’Hara Avenue Loop from Brentwood Boulevard to Central Avenue for Sand Creek Road (East), CIP Project No. 336-3061 for the Contractor to make repairs to the fire damaged box culvert

RESOLUTION NO. 3020

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING CITY STAFF TO TEMPORARILY CLOSE THE SAND CREEK ROAD/O’HARA AVENUE LOOP ROAD FOR TWO DAYS FOR THE SAND CREEK ROAD (EAST), CIP PROJECT NO. 336-3061, TO MAKE REPAIRS TO THE O’HARA AVENUE BOX CULVERT.

It was moved/seconded by Hill/Petrovich to waive full reading and approve Resolution No. 3020 as recommended by staff. Motion passed by the following vote:

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

Item 4 Approve a Resolution No. 3021 awarding contract for the Balfour Road Park, CIP Project No. 522-5221 to Misan Construction, Inc. in the amount of $2,802,500 including additive alternates 1, 2, and 3, and authorizing the City Manager to execute the agreement and necessary documents and authorize change orders up to 10% of the contract amount.

RESOLUTION NO. 3021

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE CONTRACT DOCUMENTS FOR BALFOUR ROAD PARK, CIP PROJECT NO. 522-5221, AND AWARDING CONTRACT TO MISAN CONSTRUCTION, INC. IN THE AMOUNT OF $2,802,500 INCLUDING ADDITIVE ALTERNATES 1, 2, AND 3, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND NECESSARY DOCUMENTS AND AUTHORIZE CHANGE ORDERS UP TO 10% OF THE CONTRACT AMOUNT.

It was moved/seconded by Petrovich/Hill to waive full reading and approve Resolution No. 3021 as recommended by staff. Motion passed by the following vote:

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

Item 9 Approve a Resolution authorizing the City Manager to execute a First Amendment to the Communications Site Lease Agreement with Pacific Bell Wireless, LLC to allow the addition of a 2’ diameter microwave dish to its existing wireless facilities located on the City’s Water Tower at 4061 Walnut Boulevard.

Council Member Petrovich asked for a wind load analysis by Pac Bell and approved by City Engineer.

RESOLUTION NO. 3022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE COMMUNICATIONS SITE LEASE AGREEMENT WITH PACIFIC BELL WIRELESS, LLC FOR THE USE OF THE CITY’S WATER TOWER AT 4061 WALNUT BOULEVARD

It was moved/seconded by Petrovich/Hill to waive full reading and approve Resolution No. 3022 pending a wind load analysis by Pacific Bell Wireless and approved by City Engineer. Motion passed by the following vote:

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

PUBLIC HEARINGS

11. Consider an Ordinance to rezone approximately 133 acres (RZ02-11) from a mix of R-1, R-2, and R-1-E to Planned Development No. 65 with the adoption of specific Development standards and consider a Resolution to subdivide the 133 acres into 511 residential lots, 7 neighborhood parks and open space trails, and the certification of the Environmental Impact Report prepared for the proposed Rose Garden development located north of Lone Tree Way, east of the Union Pacific Railroad Tracks, south of Neroly Road and west of O’Hara Avenue.

Mayor Swisher declared a potential conflict and left the Council Chambers.

Senior Planner, Winston Rhodes, presented a staff report for the Rose Garden project. An environmental impact report was prepared for the project in accordance with the California Environmental Quality Act. Planning Commission and Staff believed that approval of the proposed development standards would serve to implement the goals and policies of the general plan by facilitating development of the project site and would not adversely impact the development of adjacent parcels and provide a unique neighborhood with a high level of public amenities to the northern portion of the City.

Council Member Hill asked about mixing deed restricted single family houses with secondary units and having the secondary units be deed restricted for rental and he asked if there were any of those units, other than those specified.

Senior Planner Rhodes said that the affordable housing compliance agreement with Pulte was under negotiation and that staff had heard a discussion at the last Housing Subcommittee and was clear that was an option that Council was not interested in entertaining. Pulte Homes was made aware of that and was comfortable in looking at other options to satisfy the affordable housing compliance requirement on a Vesting Tentative Subdivision Map.

Council Member Hill informed that the Housing Subcommittee had discussed the item and had a problem co-mingling a market-rate deed with an affordable in the same deed. He stated that a portion of the property would be deed restricted and it would be very convoluted and was recommended to staff that they not proceed with that type of a program since it would be difficult to implement and insure compliance.

Council Member Gutierrez asked for clarification regarding the entitlement of 9.22 percent of a density bonus. The affordable housing ordinance asked for a certain percentage of affordable housing and she asked if that entitled them to a density bonus.

City Manager, John Stevenson, explained that part of the way to pay for the units and make the offering of the units a non-cost issue for the developer was to give them a density bonus and the additional density of market rate units that they had in their project paid for the affordable units.

Vice Mayor Beckstrand opened the public hearing.

Roger Miller, Pulte Home Corporation, presented the Rose Garden with walking connectable neighborhoods and generous open space. Pulte asked for approval and he noted that adjustments had been made to widen streets and allow for additional parking on both sides and add a curb to curb layout, which was the same as a standard street. The swimming club had been rearranged to alleviate traffic problems. He added that the park and swim club design had been rearranged to create a south side entrance and parking areas on either side of the park so that children would not be dropped off at a busy intersection. There were an additional two lots created into an entry park and circulation around I street no longer had fronting lots on it. Pulte had agreed to design, construct and remove the bypass which was needed during the construction of the Lone Tree underpass and would build the entire bypass, except for the small portion within the railroad right of way, which the City would handle due to the extensive complications. There would be 19 to 20 lots that would not be built there for two to three years. He noted that there had been concerns about flood designation on the property and noted that it was no longer an issue since the upstream facilities had been recognized by the appropriate engineers and the property had been taken out of a flood plain. Pulte would work with staff in the spirit of the affordable housing ordinance and would build units to give to the City and Pulte would provide land. He said that Pulte would be glad to do whatever alternates were requested by the City to obtain one and one half units of credit. He explained that some of the changes included enhanced entry features, over nine acres of park and trail connectivity, homes ranging from 1290 to 3900 square feet, enhanced architecture and a large number of houses facing the parks and the reconstruction of Neroly Road to the north, even though it was in the City of Oakley, pre-payment of roadway fees and assisting the City with oversized water facilities passing through a project. Pulte requested Council support.

Vice Mayor Beckstrand opened the public hearing.

Karen Rogge said that she had mixed feelings about the project and did not care for the traffic but liked the amenities to the community. The affordable housing, swimming center and recreation building and parking had been fixed and the project had developed into something wonderful. She was concerned about the shoe fly and the air quality and asked about the phases and longevity of the project said she wanted water trucks to keep dust down.

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

Mr. Miller said that Pulte had hoped to start grading as soon as possible and hoped to pull a grading permit soon. Pulte planned on starting the first houses in the second quarter of 2004 so it would approximately 24 to 36 months to sell out. Pulte would grade the whole area at once and the first phase of improvements would be done in springtime and Pulte would move quickly to begin work on the second phase of improvements.

Council Member Gutierrez asked what the time frame was for the road infrastructure, under crossing and expansion of Lone Tree.

City Manager, John Stevenson, said that one of the conditions on the subdivision was to improve the frontage of Lone Tree and the infrastructure for the underpass started at the end of next year. He expected to see some of the underground pipelines moved by the end of next year and construction of the underpass the following year, dependent upon financing.

In response to Council Member Gutierrez, Mr. Miller clarified that Pulte expected to start the homes in the second quarter and they would not be occupied until the fourth quarter.

Council Member Hill asked about the coordination of the private/public aquatic facility and he asked how it would be integrated into the City system.

Parks and Recreation Director, Craig Bronzan, stated that it was owned and operated by the homeowners and the City did not have conditions and had made the offer that if Pulte wanted to work with the City on lifeguard services, the program was available and there was no condition that required them to do that. There was a requirement for a conditional use permit and if they had activities such as a swim meet that would affect the neighborhood, they would need to come in to get the permission.

Mr. Miller said that Pulte wanted to make it as easy as possible for the facility to be used for public swim meets. He had spoken to CC&R attorneys to be sure that it was understood that the facilities may be used for public events such as swim meets. The conditional use permit process needed to be drafted so that it would be a simple process for people to come in and request to have a swim meet and to meet certain criteria.

Council Member Hill said that Pulte would not control the CC&R’s after the majority of the homeowners had taken a majority of the interest in the project. He said he believed that Pulte was attempting to write a CC&R that Pulte could not enforce and that an amenity was being offered as an enticement for units that could not be ensured through CC&R’s and it was a discrepancy. It was a neighborhood swim complex and he would like to see it used as a relief out to the Aquatic Center if it was reasonable.

Mr. Miller said it was possible and that the board was subject to the rules of the CC&R’s and that Pulte could set the threshold by which rules could be changed and he agreed that Pulte would set a higher threshold.

Council Member Gutierrez said that she had a problem with the infrastructure and housing and when taking away a lot of amenities such as parks and trails, there were a lot of houses next to a high school and the road was not developed and it was projected to happen at the same time. Some of the road improvements were contingent upon developments and she needed to be clear before voting.

Vice Mayor Beckstrand said that the City was entering into a homeowner situation where an amenity was being promised to the homeowners and she asked if there was a timeline on building the clubhouse and swim facility and if there was a guarantee that the residents would have the amenities. She asked what the developer planned on doing to be sure that the City would not be held accountable for the timing by the developer on the project.

Senior Planner, Winston Rhodes, stated that the private swim club was located in the central park area and was part of the first phase. The Parks and Recreation Department had a condition on when that central park area had to be completed. There was a milestone tracking system for each condition of approval tied to a building permit issuance and he did not anticipate any problems since there was a condition of approval.

Vice Mayor Beckstrand asked if there was also a disclosure requirement on the behalf of Pulte that was in writing in the disclosures for the homeowners.

Senior Planner Rhodes stated that when the CC&R’s were reviewed, staff would check to see that everything that was disclosed through conditions of approval had worked its way into the disclosure. For the swim club, there would need to be a conditional use permit application from Pulte describing the types of special events, how frequent the events were and if the events would be reviewed by Planning Commission and the appropriate conditions would be applied to ensure that there would not be traffic problems. While special events could occur based on the police department standards, it would be a control valve through the Planning Commission conditional use permit process to be sure it was done in a logical fashion.
ORDINANCE NO. 765

A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REZONE (RZ 02-11) OF APPROXIMATELY 133.4 ACRES FROM A MIX OF SINGLE FAMILY RESIDENTIAL ESTATE (R-1-E), SINGLE FAMILY RESIDENTIAL (R-1), AND MODERATE DENSITY MULTI-FAMILY RESIDENTIAL (R-2) TO PLANNED DEVELOPMENT (PD) 65, ADDING CHAPTER 17.522 TO THE BRENTWOOD MUNICIPAL CODE WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR SIX SUBAREAS WITHIN PD-65 KNOWN AS ROSE GARDEN, LOCATED NORTH OF LONE TREE WAY, SOUTH OF NEROLY ROAD, AND EAST OF THE UNION PACIFIC RAILROAD TRACKS (APN 018-010-006, 018-010-007, 018-010-008, 018-010-010, 018-010-011, 018-010-012, 018-020-001, AND 018-070-001).

It was moved/seconded by Petrovich/Beckstrand to waive full reading and approve first reading of Ordinance No. 765 as recommended by staff. Motion passed by the following vote:

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

At 8:56, Council recessed for a break. At 8:59 p.m., Council reconvened with all Council Members present.

12. Waive first reading of an Ordinance amending Section 2.36.080 of the Brentwood Municipal Code authorizing the City Manager to adjust certain processing fees for nonprofit businesses or organizations.

Director of Community Development, Mitch Oshinsky, explained that the ordinance would allow the City Manager to adjust processing fees for non profit businesses or organizations. There were currently provisions for adjustments of certain fees, such as business license tax and there were no adjustment provisions for processing fees such as temporary use permits and special event permits. The amendment would allow the City Manager to make such adjustments only for non profit businesses or organizations providing services that benefited the community. Staff recommended that Council introduce and waive first reading the ordinance.

In response to Council Member Hill, Director Oshinsky said he had spoken to an attorney who had advised that there were numerous 501 C sections, each pertaining to different types of organizations. The was language in the ordinance that said such action would only be for any business or activity of any institution or organization recognized by a tax board of the State, with a statement of domestic non profit organization where the federal internal revenue service was being conducted for the benefit of charitable, religious or non profit purposes and from which profit was not derived either directly or indirectly by an individual organization.

Mayor Swisher opened the public hearing

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

ORDINANCE NO. 766

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING SECTION 2.36.080 (CITY MANAGER POWERS AND DUTIES) OF THE MUNICIPAL CODE, TO AUTHORIZE THE CITY MANAGER TO ADJUST PROCESSING FEES.

It was moved/seconded by Petrovich/Hill to waive full reading and approve first reading of Ordinance No. 766 as recommended by staff. Motion passed by the following vote:

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

NEW BUSINESS

13. Receive informational report, discuss and provide direction to staff concerning Deer Ridge Development, escrow on 17 lots without building permits.

City Manager, John Stevenson, explained that a realtor had spoken at the last Council meeting about a development issue regarding 17 properties that were in escrow for sale and the City had not issued building permits as of that date with an appeal to Council to accelerate the issuance of the building permits. Staff investigated details of the building permits in question, which were being held due to lack of performance of the developer. The first issue was the clubhouse for the golf course, which was to be done prior to issuance of any additional building permits and the second was completion of the park. Director of Parks and Recreation needed the sod down in the park by November 15, 2003 in order to have organized events in the park next spring and neither of the facilities had been completed. Staff had issued the exact amount of permits required and had called a meeting with the SunCal developers to discuss the severity of the situation. Staff made suggestions to developers including a discussion with SunCal to for their release of the construction for the clubhouse to one of the developers that had been currently building homes since it would be a developer with a vested interest in finishing the facility. SunCal was not putting forth the necessary effort. Another issue was that the current schedule for the park did not call for the sod being installed by November 15th, which was what staff understood the date needed to be. Staff had discussed with KB Homes, who had taken over the construction of the park, changes that needed to be made to the schedule so that sod could be down on the playing field by November 15th or November 20th. The Parks and Recreation inspector concurred that it was possible to be done if KB Homes could rearrange their schedule and get it done on time. The City held a $500,000 certificate of deposit that could be pulled on the clubhouse due to non performance and since the date had passed, the City had the ability to pull that deposit. Even if the cash had been pulled, the City did not have the right to use the cash to move in and finish the construction and it would slow down the process. He had informed the developers that it was unacceptable to the City to enter into agreements with people to sell property and suggest that the City was derelict in its duty to issue building permits. There was no reason for Council to issue the building permits to have the people move into their homes unless there was some penalty on the people who had created the situation. He suggested that the developer forfeit commissions on sales people and brokers and he had not heard of any developers wishing to do that and had not received responses. He added that it was an issue between two private parties.

Council Member Beckstrand said it sounded as if developers had sold homes that they had no right to sell and that the City had offered to developers an option to give up their portion of the commissions and to give the City a way to move forward and developers had not gotten back to the City.

City Manager Stevenson said he had not heard of anything that indicated an offer to induce Council to issue an additional 16 or 17building permits. He had not heard from the developers that indicated that they had the authority to step in and accelerate the construction of the golf course facility. He said he believed that KB Homes had stepped up to the plate to work on the park.

Jim Schmidt, Manager of Planning for KB Homes South Bay, noted that KB Homes met with the City Manager and he stated that he fully supported City position of not issuing any more permits at Deer Ridge Country Club and that the City had an agreement with the developer and the City had provided 120 permits to the five builders: Lafferty, KB Homes, Morrison, Western Pacific Housing and California Homes. He said that between the City and the builders, there was pressure to make SunCal and Credit Suites First Boston Corp. step up and complete the improvements for the clubhouse and associated large drainage installation which had been done incorrectly, Oak Meadow Park and the main auxiliary water line that would service a part of the KB Homes had contracted with Credit Suites First Boston Corp. to perform as construction management on a part of the project. The City had been fair and KB Homes stood by the City since KB Homes wanted the improvements done to protect the value of the homes and future homebuyers. Approximately 16 homes were sold to people and they were notified that there would be difficulty obtaining permits since there was a completion date of September 30, 2003 on the clubhouse. The due date in existence was now November 15, 2003 and as the schedule changed, KB Homes was told that they were going to perform and they had not. A detailed written proposal had been made by KB Homes to Credit Suites First Boston Corp. to take over construction of the clubhouse and Credit Suites had to work it out with the present contractor on the job. KB Homes could not go in and subvert someone’s contractual right to build something and it had to be worked out. KB Homes was working with Contra Costa County Flood Control to work out issues and there would be progress in 30 to 45 days. KB Homes would work with buyers to minimize stress and convenience and did not want to ask the City for permits because of the situation and they want to make the developer perform to conditions of approval. He committed to report to the City Manager if permission was received on the clubhouse.

Council Members Gutierrez and Petrovich commented that families would not be able to move into their homes and would suffer.

Council Member Hill said he concurred and noted that the development project had been problematic since day one and the developer was breaching their contract with their clients and not the City. He said he believed that SunCal or Credit Suites seemed to care less about the project.

Council Member Petrovich said that he did not believe in making people suffer.

Council Member Gutierrez said she was strongly opposed to giving 17 permits since it would set a precedent. She said she felt awful about it and said that giving them the permits would be bailing them out and she believed that people should be responsible for their actions. SunCal did operate under the conditions of approval and they needed to be held accountable for it. The developer had to face the responsibility.

Council Member Hill informed that there were 390 families that had already purchased properties in the subdivision with the expectation of the amenities being there and the City would be letting them down if the developers were allowed to circumvent the conditions of approval and it was a legal matter between the families and the builder.

Mayor Swisher said that the developer needed to be held to the fire and be responsible and yet still release the 16 permits.

It was moved/seconded by Petrovich/Swisher staff to issue the 16 building permits for units in escrow for the Deer Ridge Development. Council Members Beckstrand, Gutierrez and Hill voted no. Motion failed to carry.

14. Approve a Resolution granting the of request from Warmington Homes for a reduction in the Density Transition Policy from 20,000 sq. ft. to 16, 026 sq. ft for Lot No. 44 of Tentative Subdivision Map No. 8281, located west of Fairview Avenue and south of Lone Tree Way.

Mayor Swisher declared a conflict of interest and left the Council Chamber.

Senior Planner, Jeff Zilm, presented a staff report noting that Warmington Homes had agreed to have an access point and that when the land was worked out to create nine subdivisions; one subdivision was given back to Warmington in exchange for an access point. He referred to a map and stated that every lot originally approved met the density transition that was in place and had a minimum of 20,000 square foot lots backing up to the existing one acre or larger lots. The remaining lots had the original square footage and were approved at a little over 20,000 square feet. Due to the reconfiguration of the lots, one lot was approximately 16,000 square feet and staff requested a deviation from the density transition plan and general plan to allow the lot to be to be smaller than the 20,000 square feet in size, which was in the density transition policy. He explained that Mrs. Myers, owner of the lot, had signed a document with Warmington Homes stating that she was aware of the lot being under 20,000 square feet and that she did not have a problem with it.

Vice Mayor Beckstrand opened the public hearing.

Vice Mayor Beckstrand spoke about the signed agreement received from Mrs. Myers accepting the lot size adjacent to her back property.

Greg Sampson, Warmington Homes, said that the letter from Mrs. Myers had been submitted to Mr. Zilm along a plat that showed configuration.

Vice Mayor Beckstrand noted that Council had received a letter from Mrs. Myers stating that she was not opposing the 16,000 square foot lot but that she had concerns with some of the effects of the construction and the fence line.

Mr. Sampson stated that Warmington Homes had reviewed the letter and had not discussed it with Mrs. Myers. He said that there was not an issue with providing a fence and that the extension would need to be discussed further. With regard to the design review, Warmington Homes agreed to provide sewer and water stubout on the easterly boundary of the project. He said he believed that Mrs. Myers was requesting that it be extended further.

Council Member Hill asked Warmington Homes to address the situation with the wall or redwood fence, the level of improvements and the timing.

Mr. Sampson said it tied into the installation of the sewer stubs and grading of the property and a fence would be built upon it at an appropriate time and that Warmington Homes would check to see if there were animals and then if temporary fencing would be installed. Following the City detail with perimeter fencing was proposed and Mrs. Myers would be taking the slope. Construction would be required to do extension of the sewer and storm drain onto the property and it would all be done at one time.

Council Member Hill said he felt that the proposal was vague that Mrs. Myers concerns would be addressed. A two to one slope into Mrs. Myers’ property was a cheaper solution than building a two to three foot retaining wall with a fence on top of it. He asked that considering Mrs. Myers was willing to take a smaller lot size, would the developer not find it appropriate to work with her on her sewer connection.

Mr. Sampson said that they had not spoken with Mrs. Myers since the letter had been received today.

Council Member Hill asked what would be proposed for temporary fencing and if Warmington Homes gave her the slope and he requested details about the live stock and securing the properties. Council needed details. He asked if there was any reason why this could not be done at the next meeting so that Mrs. Myers concerns could be addressed. He was all right with the 16,000 square foot lot subject to dealing with the issues appropriately.

City Attorney, Dennis Beougher, stated that if both Warmington Homes and Mrs. Myers had signed off, it would not have to go back to Council.
RESOLUTION NO. 3023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD FOR A DEVIATION OF THE DENSITY TRANSITION POLICY ALLOWING LOT NO. 44 OF TENTATIVE SUBDIVISION MAP NO. 8281 TO BE REDUCED FROM THE REQUIRED 20,000 SQ. FT. TO 16,026 SQ. FT., LOCATED WEST OF FAIRVIEW AVENUE AND SOUTH OF LONE TREE WAY

It was moved/seconded by Hill/Petrovich to waive full reading and approve Resolution No. 3023 as recommended by staff, subject to the developer meeting with the property owner to resolve concerns followed by a status report at the next Council meeting. Motion passed by the following vote:

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

Mayor Swisher returned to the Council Chamber.

It was moved/seconded by Hill/Petrovich to reconsider Item 13. Motion carried unanimously.

Item 13 Receive informational report, discuss and provide direction to staff concerning Deer Ridge Development, escrow on 17 lots without building permits.

Council Member Hill said he did not wish to penalize the 17 people.

It was moved/seconded by Hill/Petrovich directing staff to issue the 16 building permits for units in escrow for the Deer Ridge Development. Council Member Gutierrez voted no. Motion carried.

INFORMATIONAL REPORTS

15. Informational report on Subdivision No. 8768, Lone Tree Plaza, Final Map approval. No action required.

16. Informational report on Subdivision No. 8661, Stonehaven, Final Map approval. No action required.

CITIZEN COMMENTS

Karen Rogge said she had spoken to Greg Sampson of Warmington Homes and she expressed concerns that the development would impact the quality of life and that the noise of loading and unloading of equipment with chains. She asked that the City let the developer know what the construction hours were and that the hours be enforced.

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

Mayor Swisher informed that he and Council Member Beckstrand had attended a meeting on the Urban Limit Line and that it was a disappointment for the City that there would be a countywide vote for a countywide change. He reported that Supervisor Millie Greenberg had spoken in support of the countywide vote for the Urban Limit Line.

Council Member Petrovich said he attended International Association of Chiefs of Police conference in Philadelphia with Chief Davies and he checked out the dispatch and communication equipment networks. He wished Police Officer Larry Keady the best in his recovery.

REQUESTS FOR FUTURE AGENDA ITEMS – none

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

There being no further business the meeting was adjourned at 9:48 p.m.

Respectfully Submitted,

Cynthia Garcia
Assistant City Clerk

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov