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Current Council Agenda and Past Meeting Information

 

CITY OF BRENTWOOD
CITY COUNCIL MEETING MINUTES
AUGUST 23, 2005
COUNCIL CHAMBER

CALL TO ORDER (6:00 PM)

Roll Call
Present: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

ADJOURN TO CLOSED SESSION (6:01 PM) - 150 City Park Way, City Hall Conference Room

Closed Session – Anticipated Litigation [Government Code § 54956.9] – City Council
[1] Case Name: One potential case.

RECESS CITY COUNCIL (6:36 PM)

RECONVENE IN OPEN SESSION - 734 Third Street, City Council Chamber (07:00 PM)

Roll Call
Present: Beckstrand; Brockman; Taylor
Absent: Gutierrez; Swisher

City Manager, Donna Landeros, reported that in the absence of the Mayor and Vice Mayor, the City Manager shall preside over the election of a temporary Chair who will preside over the meeting until the return of one of the officers.

Motion: Approve the appointment of Annette Beckstrand as Chair.
Moved by Brockman, seconded by Taylor.
Vote: Motion carried 3-0.
Yes: Beckstrand; Brockman; Taylor
Absent: Gutierrez; Swisher

Chair Beckstrand announced that Mayor Swisher was absent because his youngest son had been diagnosed with acute myelogenous leukemia and was in the hospital. She asked for a moment of silence to send good thoughts and wishes to the Swisher family. A moment of silence ensued.

REPORT ON CLOSED SESSION - None (07:03 PM)

PRESENTATIONS (07:03 PM)

A. Recognizing Ray Shipley for his service to the Planning Commission.

Ray Shipley said that he had served at 142 meetings of the Planning Commission over six years and it was a privilege and an honor to serve the City.

B. Update of the Arts Commission.

Arts Commissioner, Greg Ruiz, presented the Arts Commission update and announced that the Arts Society annual fundraiser would be held September 10, 2005; a Day in the Park Art and Wine Festival would be held October 8 - 9, 2005 and the City Read program would run September 19 through October 29, 2005. He presented the first Arts Commission brochure to Council.

AGENDA REVIEW (07:15 PM)

Item 5 Revised agreement between the Contra Costa Water District and the City.

Item 10 Ordinance attached was not included in the packet.

Item 14 Correspondence submitted by D. Bailey Neff.

Item 18 Remove from the agenda.

Motion: Approve Agenda Review Items 5, 10 and 14. Item 18 was addressed at the time the item arose on the agenda.
Moved by Brockman, seconded by Taylor.
Vote: Motion carried 3-0.
Yes: Beckstrand; Taylor; Brockman
Absent: Gutierrez; Swisher

CITIZEN COMMENTS (07:15 PM)

Beth Pforr said there was a need for a place to have animals that were discarded, hurt or needed a home and that Antioch animal shelter would be a good shelter to follow after.

Bill Putman, Delta Community Services, announced that the County Western BBQ would be held August 27, 2005 from 4:30 to 8:00 p.m. at the Brentwood Community Center.

CONSENT CALENDAR (07:19 PM)

1. Approved Minutes of August 9, 2005. (M. Wimberly)

2. Adopted Resolution No. 2005-202 authorizing the City Manager to execute a Professional Services Agreement and related documents with Kimley-Horn and Associates, Inc. to provide design services in the amount of $118,198.05, plus a 10% contingency, for the site design of Well #15, CIP Project No. 562-5631. (B. Grewal/F. Lideros)

3. Adopted Resolution No. 2005-203 accepting the work performed by Wingard Engineering, Inc. for the Central Boulevard / Griffith Lane Traffic Signal, CIP Project No. 336-3057 and direct the City Clerk to file the Notice of Completion with the County Recorder. (B. Grewal/R. Craig)

4. Adopted Resolution No. 2005-204 accepting the work performed by Wingard Engineering, Inc. on Balfour Road, for the Citywide Traffic Signal Interconnect Program Phase I, CIP Project No. 336-3150 and direct the City Clerk to file the Notice of Completion with the County Recorder. (B. Grewal/R. Craig)

5. Adopted Resolution No. 2005-205 authorizing the City Manager to execute an Agreement between the Contra Costa Water District and the City of Brentwood for a Temporary Connection to the Randall-Bold Water Treatment Plant. (B. Grewal/P. Eldredge)

6. Adopted Resolution No. 2005-206 authorizing the purchase of a new Solid Waste automated collection truck from Golden Gate Truck Center and authorizing the City Manager to execute a purchase agreement not to exceed $219,768.40. (P. Zolfarelli/J. Carlson)

7. Adopted Resolution No. 2005-207 declaring official intent to reimburse certain expenditures for the Solid Waste Transfer Station in an amount not to exceed $7.5 million from proceeds of the Solid Waste Revenue Bond. (P. Ehler/B. Kelleher)

8. Adopted Resolution No. 2005-208 approving an Affordable Housing Agreement between the City of Brentwood and Western Pacific Housing Inc./D.R. Horton, for Subdivision 8854Castello Property, located on northeast corner of Fairview Avenue and Balfour Road. (H. Sword/K. Reed)

9. Waived second reading and adopted Ordinance No. 808 deleting the existing Title 13 of the Municipal Code and establish a new Title 13 to provide for the regulation and use of City sewer systems. (P. Zolfarelli/D. Stoops)

10. Waived second reading and adopted Ordinance No. 807 approving a zoning amendment to Zoning Code Chapter 17.280.002 Subsection "A" Permitted Uses in the CB (Central Business) Zone that will regulate the location of office uses on the ground floor within the CB Zone. (H. Sword/ J. Zilm)

11. Waived second reading and adopted Ordinance No. 806 amending Planned Development 35 (PD-35) by adding 5.36 acres to Subarea D in order to establish development standards for this acreage and reducing the maximum height in this Subarea from 35’ to 30’. The property is generally located west of Windy Springs Lane and north and south of Amber Lane, north of the EBMUD aqueduct. (H. Sword/D. Hill)

12. Adopted Resolution No. 2005-209 approving Temporary Use Permit 05-11 to allow Liberty High School the use of City owned property for the annual Homecoming Parade, affecting the closure of certain streets within the downtown on September 23, 2005 from 5:00 pm to 7:30 pm and waiving fees. (H. Sword/T. Nielsen)

13. Adopted Resolution No. 2005-210 submitting the General Obligation Bond Tax Rate to Contra Costa County for the 2005/06 tax roll. (P. Ehler/D. Davies)

CONSENT CALENDAR ACTIONS

Motion: Approve Consent Calendar Items 1 - 13 as recommended.
Moved by Brockman, seconded by Beckstrand.
Vote: Motion carried 3-0.
Yes: Beckstrand; Brockman; Taylor
Absent: Gutierrez; Swisher

PUBLIC HEARINGS (07:20 PM)

14. Consideration of a Resolution approving RGMP applications for three projects totaling 181 allocations in Calendar Year 2005, including 53 units for Estates at the Preserve by Passport Homes, 93 units for Carmel Estates by Pulte Homes, and 35 units for Parkside Villas by Baca Properties (H. Sword/W. Rhodes/J. Zilm/E. Nolthenius)

Senior Planner, Erik Nolthenius, presented a staff report noting that out of the three applications submitted, two had been held over from February 2005. Following a project description, he said that approval of the allocations would result in 17 allocations remaining available for the calendar year.

Chair Beckstrand opened the public hearing.

Barry Gursky expressed concerns about height disposition regarding the adjoining soundwall and said he was in favor of a masonry wall. He asked for the property owners to have a finished fence height based on elevation of the highest adjoining property and he asked for a seven-foot fence or a height exceeding that. He asked that the textured side of the soundwall face towards the residents of Randy Way to mitigate the visual impact of the wall. He asked that any issues with drainage be borne by the new development.

Joe Trebino asked for residents of Randy Way to be notified since they had not received a notice regarding the public hearing. He said that the residents did not want access to the park at the end of the street and asked for mediation with the developer regarding sewer systems and septic tanks on Randy Way.

Bailey Neff addressed Carmel Estates, Pulte Development, noting that he owned four acres at 1060 Minnesota Avenue, south of the Pulte development. He was opposed to the proposed maps submitted by Pulte Homes, which showed denied access to his property at 1060 Minnesota Avenue from Minnesota Avenue. He said he was told that he could not access his property due to safety concerns and he believed it was safe to access 1060 Minnesota Avenue from Minnesota Avenue and asked to be allowed access.

Roger Miller, Pulte Homes, assured that he would be meeting with the neighborhood to discuss concerns and details. He said he believed that the access issues with Mr. Neff could be handled during the process and he requested approval of the resolution.
Don Babbitt, Passport Homes, noted his presence and asked if there were any questions.

Crystal Hackl, a Brentwood resident, and was concerned about the location of the Pulte Development because she felt it could potentially economically decline her neighborhood if a retaining or soundwall went up between the two neighborhoods. She asked that the two neighborhoods be treated as one.

Motion: Approve closing the public hearing.
Moved by Brockman, seconded by Taylor.
Vote: Motion carried 3-0.
Yes: Beckstrand; Brockman; Taylor
Absent: Gutierrez; Swisher

Council Member Brockman said that when it was time for the Planning Commission meetings on the design review and maps for the subdivision, he hoped that the same people would show up and voice comments.

Council Member Taylor requested that staff look into the sewer and water system because of the well water.

Motion: Approve waiving full reading and adopting Resolution No. 2005-211 approving RGMP applications for three projects totaling 181 allocations in Calendar Year 2005, including 53 units for Estates at the Preserve by Passport Homes, 93 units for Carmel Estates by Pulte Homes, and 35 units for Parkside Villas by Baca Properties.
Moved by Brockman, seconded by Taylor.
Vote: Motion carried 3-0.
Yes: Beckstrand; Brockman; Taylor
Absent: Gutierrez; Swisher

15. Consideration of an Ordinance to amend the Planned Development (PD) 46 Zone to establish specific development standards and consideration of a resolution to both subdivide approximately 160 acres (TSM 8548 - Barrington) for development of 494 single family homes, an elementary school, a fire station, a storm water detention basin, 3 parks, open space and trail areas and approve a development agreement. The property is generally located south of Sunset Road, West of Sellers Avenue, North of Jennifer Street, and east of Connor Way and Windsor Way in the Northeast portion of the City. (H. Sword/W. Rhodes)

Senior Planner, Winston Rhodes, presented a staff report noting that the Planning Commission and staff had recommended that Council certify the project and the environmental impact report was adequate for review and action on the zoning amendment, tentative subdivision map and development agreement.

Chair Beckstrand said that one of the Council members would need to abstain and there would not be full potential for a fair hearing.

Continued to the September 13, 2005 Council meeting.

16. Consideration of a Resolution Amending the General Plan to allow up to 30 dwelling units per acre by right within areas designated Very High Density Residential and change approximately 20 acres within special planning area (SPA) "A", SPA "F" ,and SPA "P" from a General Plan Designation of Mixed Use Business Park to Very High Density Residential and consideration of a related ordinance to amend Planned Development (PD) Zones 55, 38, and 53 to allow Very High Density Residential Development and adopt specific development standards in order to evaluate future development proposals. (H. Sword/W. Rhodes)

Senior Planner, Winston Rhodes, presented a staff report noting that Planning Commission had approved the development standards for high density residential sites. Staff recommended adoption of the Resolution approving the General Plan amendment and to waive the first reading of an ordinance regarding the zoning request.

Chair Beckstrand opened the public hearing.

Valerie Wilson said she was concerned and did not want that particular property up against her fenceline. She said she believed that Council was voting on something that could potentially not be what was shown now. She was concerned that rental property brought a constant transient flow of residents who did not have a commitment to the property and placing apartments would drop her property value. She also expressed concerns that her RV would be blocked off by a potential soundwall which could shift from where it was being proposed.

Senior Planner Rhodes explained density transition and informed that staff looked at adequate buffering and said that it was considered in the design review process.

Motion: Approve closing the public hearing.
Moved by Taylor, seconded by Brockman.
Vote: Motion carried 3-0.
Yes: Beckstrand; Brockman; Taylor
Absent: Gutierrez; Swisher

Motion: Approve waiving full reading and adopting Resolution No. 2005-212 amending the General Plan to allow up to 30 dwelling units per acre by right within areas designated Very High Density Residential and change approximately 20 acres within special planning area (SPA) "A", SPA "F" ,and SPA "P" from a General Plan Designation of Mixed Use Business Park to Very High Density Residential and waiving full reading and introducing Ordinance 809 to amend Planned Development (PD) Zones 55, 38, and 53 to allow Very High Density Residential Development and adopt specific development standards in order to evaluate future development proposals.
Moved by Taylor, seconded by Beckstrand.
Vote: Motion carried 3-0.
Yes: Beckstrand; Brockman; Taylor
Absent: Gutierrez; Swisher

INFORMATIONAL REPORTS FROM STAFF - No action required (08:16 PM)

17. Informational Report on Subdivision No. 8854, Castello Property, developed by Western Pacific Housing, Inc., located on the northeast corner of Balfour Road and Fairview Avenue; Final Map Approval. (K. Chew/M. Wimberly)

18. Informational Report on Subdivision No. 8808, St. Martin Place, developed by Mark Taylor, located at 1985 Grant Street, east of Fairview Avenue and west of Minnesota Avenue; Final Map Approval. (K. Chew/M. Wimberly)

City Engineer, Bailey Grewal, explained that staff had requested the item be pulled. The item was based on the developer signing the subdivision improvement agreement; posting bonds and pay fees prior to approval of the final map and the applicant had not yet signed the subdivision improvement agreement.

Motion: Approve removing Item 18 from the agenda as requested by staff.
Moved by Brockman, seconded by Taylor.
Vote: Motion carried 3-0.
Yes: Beckstrand; Brockman; Taylor
Absent: Gutierrez; Swisher

19. Informational Report on Subdivision No. 8489, Village G-2, developed by Western Pacific Housing, Inc., located in Deer Ridge, south of Balfour Road, west of Concord Avenue on Spyglass Drive; Final Map Approval. (K. Chew/M. Wimberly)

20. Informational Report on Subdivision No. 8485, Village E, developed by Western Pacific Housing, Inc., located in Deer Ridge, south of Balfour Road, west of Concord Avenue on Spanish Bay Drive; Final Map Approval. (K. Chew/M. Wimberly)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (08:18 PM)

Council Member Brockman informed that there had been an approval to revisit a County policy in the general plan and there was a move to change the policy to make LAFCO more of an individual entity and not to be specifically under the direction of the County, which gave the City an equal right with the County.

Chair Beckstrand was pleased to hear the policy would be given due consideration since LAFCO was formed to be independent from the County.

Council Member Taylor said he had attended a ribbon cutting ceremony at Marsh Elementary School, which was another attribute to the City and School District working together.

REQUESTS FOR FUTURE AGENDA ITEMS (08:21 PM)

Council Member Taylor asked how the City was budgeting for the high price of fuel and he asked Finance to bring back information to Council.

ADJOURNMENT (08:22 PM)

Motion: Approve adjournment.
Moved by Taylor, seconded by Beckstrand.
Vote: Motion carried 3-0.
Yes: Beckstrand; Brockman; Taylor
Absent: Gutierrez; Swisher

Respectfully Submitted,

Cynthia Garcia, CMC
Assistant City Clerk

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov