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ITEM 1

CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, MAY 23, 2006
COUNCIL CHAMBER, 7:00 P.M.

CALL TO ORDER (6:00 PM)

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

CITIZEN COMMENTS - None (6:01 PM)

WORKSHOP (6:01 PM)

Joint Workshop with City Council/Redevelopment Agency on the Redevelopment Agency and City Affordable Housing Programs. (E. Bonneville)

RECONVENE IN OPEN SESSION - 734 Third Street, City Council Chamber (07:01 PM)

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

PRESENTATIONS (07:01 PM)

A. Veteran’s Proclamation honoring Paul Hernandez

Paul Hernandez arrived at a later time during the meeting. He accepted the proclamation after Public Hearing Item 21, and prior to Public Hearing Item 22, being held.

AGENDA REVIEW (07:02 PM)

Motion: Approve Agenda Review on Item 21 adding correspondence.
Moved by Beckstrand, seconded by Brockman.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Abstain: Swisher

CITIZEN COMMENTS (07:02 PM)

Bailey Neff spoke regarding a resolution for a six month time extension approved at the May 9, 2006, City Council meeting for Passport homes. He asked if Passport Homes had diligently pursued their work and he presented a letter for the record regarding the list of requirements to meet the discretionary permits and environmental requirements. He explained various correspondences sent to and received from the Community Development Department regarding TSM 8446, 1060 Minnesota Avenue. He made the following requests: the matter of the extension for Minnesota Rentals be placed on the Council agenda; the 90-day requirement be extended until a Resolution could be prepared for Minnesota Rentals so the allocations could be preserved until the hearing could be presented to City Council; a written reply to his letters of December 23, 2005 and May 16, 2006; a written reply similar to the City of Brentwood letter of January 25, 2006, for TSM 8446; and that standard performance of 90-days be applied applicants. He had been turned down twice on a 30-day waiting period, which was 60-days and was more than half of the 90-days required to meet the discretionary permits.

City Manager, Donna Landeros, suggested Mr. Neff continue to work with Planners and they would make the determination of when the item was ready to be placed on the Council agenda with a recommendation from staff.

Council Member Taylor asked what would happen if Mr. Neff ran out of his 90-days

City Attorney, Damien Brower, responded that it was difficult to answer the question without more information. He believed Council had granted extensions in the past and it may be possible and depended upon the fact of the specific situation. It would help to see what staff had to say since Council could not take any action at this time because matter had not been agendized. It would have to come back at a future meeting.

Barbara Guise spoke about Tri Delta Transit’s advertisement called "We Go Everywhere". She said Tri Delta had won an award and the cable advertising bureau considered it the best of show. Public hearings were held regarding diesel gas prices and the Board would be discussing raising Tri Delta fee from $1.00 to $1.25. Dimes A Ride would remain the same.

CONSENT CALENDAR (07:15 PM)

1. Approved minutes of the City Council/Redevelopment Agency meeting held May 9, 2006. (M. Wimberly)

2. Adopted Resolution 2006-106 calling and giving notice of the holding of a general municipal election to be held on Tuesday, November 7, 2006, for the election of Mayor and two Councilmembers; approved submission to the voters a question relating to the term of office for the Mayor’s position.

Adopted Resolution 2006-107 requesting the Board of Supervisors of the County of Contra Costa to consolidate the election.

Adopted Resolution 2006-108 adopting Regulation for candidates statements. (D. Landeros/M. Wimberly)

3. Adopted Resolution 109 authorizing payment in the amount of $145,423.10 to Contra Costa County for election services for the June 7, 2005 and November 8, 2005 elections. (D. Landeros/M. Wimberly/D. Davies)

4. Adopted Resolution 2006-110 of the City Council of the City of Brentwood adopting certain policies with respect to KB Orchard affordable units and authorizing the City Manager to execute all necessary documents to effectuate such policies. (H. Sword/E. Bonneville)

5. Adopted Resolution 2006-111 approving and authorizing City Manager or her designee to execute second amendments to Purchase Agreements for two sales at Sunset Industrial Complex to extend closing dates, to revise when the use of site for the business operation commences, and to prohibit the business operation from current locations. (H. Sword/G. Rozenski)


6. Approved RDA Warrant List dated 5/23/06. (P. Ehler/L. Schelbert)

7. Adopted Resolution 2006-112 accepting Improvements for Sterling Preserve I, Meritage Homes Subdivision No. 8453, located north of Grant Street and east of Fairview Avenue. (B. Grewal/D. Galey)

8. Rejected claim of David Redding. (M. Wimberly)

9. Rejected claim of Greg & Shelley Gonzales. (M. Wimberly)

10. Adopted Resolution 2006-113 approving and authorizing the City Manager to execute the construction contract with Talus Construction, Inc. and necessary documents for the Sarah Street Water Distribution System Improvements, CIP Project No. 562-5635, in the amount of $238,728 plus a 10% contingency for a total amount of $262,600.80. (C. Ehlers)

11. PULLED FOR DISCUSSION - Approve an interim park maintenance agreement between Ponderosa Homes and the City of Brentwood (King Park) and authorize the City Manager to sign the agreement. (C. Bronzan)

12. Approved informational report from Brentwood Police Activities League - After the Bell program for change of sites in 2006/07. (C. Bronzan/P. Scherff)

13. Adopted Resolution 2006-114 approving and authorizing the City Manager to execute a Reimbursement Agreement with Meritage Homes of Northern California, Inc., Subdivision Map No.’s 8875 & 9011, included within original Tentative Subdivision Map No. 8875, consisting of 84 units, located north of Grant Street on both sides of the O’Hara Avenue extension from Grant Street to Lone Tree Way for costs associated with Master Plan Facility Improvements. (B. Grewal/L. Vargas)

14. Adopted Resolution 2006-115 approving and authorizing the City Manager or her designee to execute a Purchase Agreement for real property with Towncentre Commons for the O’Hara Loop Realignment, CIP Project No. 336-3145, generally located at the northeast corner of Central Boulevard and Second Street. (B. Grewal/M. Sullivan)

15. Adopted Resolution 2006-116 approving and authorizing the City Manager to execute a Memorandum of Understanding between the City of Brentwood, Western Pacific Housing and Robert Von Merta, related to Fairview Avenue Master Plan Facility Improvements. (B. Grewal/D. Galey)

16. Adopted Resolution 2006-117 accepting the work performed by American Civil Constructors for the Sand Creek Road East B Widening / Landscaping, CIP Project No. 336-3148. (B. Grewal/P. Eldredge)

Council Member Beckstrand abstained due to a conflict of interest since the work abutted her primary residential property.

17. Adopted Resolution 2006-118 approving and ratifying the City Manager’s signature on the amended California Department of Transportation Disadvantaged Business Enterprise Race-Neutral Implementation Agreement (Agreement) as it relates to the Walnut Boulevard Widening Project, CIP 336-3056; authorizing her signature on the Agreement for future projects, and authorizing her to execute and submit all documents which may be necessary for the Disadvantaged Business Enterprise Program. (B. Grewal/K. Wahl)

18. Adopted Resolution 2006-119 approving and authorizing the submittal of a grant proposal to the California Integrated Waste Management Board for funding in an amount not to exceed $175,000 from the Targeted Rubberized Asphalt Concrete Incentive Grant Program and authorizing the City Manager or her designee to execute any and all documents necessary to secure the grant funds and implement the project on streets included in the 2006/2007 Pavement Management Program, CIP 336-3083. (B. Grewal/J. Gallegos/K. Wahl)

19. Adopted Resolution 2006-120 approving a revised CIP sheet (522-5221) to reflect a total construction cost of project to $3,275,262; and authorize a Change Order in the amount of $226,559. (C. Bronzan/K. De Silva)

Adopted Resolution 2006-121 accepting the work performed by Misan Construction for the construction of Balfour Road Park (Veterans Park), CIP Project No. 522-5221, located at 8101 Balfour Road and accept the close-out of this project and direct the City Clerk to file a Notice of Completion with the County Recorder; and release of a final payment in the amount of $46,401; and release the final retention in the amount of $304,760. (C. Bronzan/K. De Silva)

20. Adopted Resolution 2006-122 approving and authorizing the City Manager to execute an agreement for the purchase and installation of Traffic Collision Database and Analysis System software from Crossroads Software, Inc., in an amount of 39,632.18, plus a 5% contingency, for a total amount of $41,613.79. (B. Grewal/T. Wooten)

CONSENT CALENDAR ACTIONS (07:19 PM)

Motion: Approve Consent Calendar Items 1 - 10 and 12 - 20 as recommended. Council Member Beckstrand abstained on Item 16 and Item 11 pulled for discussion.
Moved by Brockman, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

11. Approve an interim park maintenance agreement between Ponderosa Homes and the City of Brentwood (King Park) and authorize the City Manager to sign the agreement. (C. Bronzan)

Council Member Taylor spoke in support and felt it demonstrated a good working relationship between the developer and City.

Director of Parks and Recreation, Craig Bronzan, recognized Ponderosa Homes. He said it was the first dog element built in a City park.

Ken De Silva, Landscape/Facilities Manager, presented an overview of the park.

Motion: Approve an interim park maintenance agreement between Ponderosa Homes and the City of Brentwood (King Park) and authorize the City Manager to sign the agreement as recommended by staff.
Moved by Taylor, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

PUBLIC HEARINGS (07:21 PM)

21. Approval of an appeal of the Planning Commission’s denial of a General Plan Amendment (GPA 01-01) and a Rezone (RZ 05-04) for the 134-acre mixed-use Bridle Gate project, located west of the intersection of Sand Creek Road and the State Route 4 Bypass, on both sides of the Sand Creek Road extension. (H. Sword/E. Nolthenius)

Senior Planner, Erik Nolthenius, presented a staff report. He said the project was returning with a revised design and he presented the major changes to the plan, stating the open space and park use area had gone from 32 to 40 percent. A noise study was prepared by the applicant and there were specific requirements for soundwall locations and heights that would address future noise impacts and mitigate decibel levels. Berms would run along the bottom of the soundwall to soften the impact of the wall. Staff and the applicant had moved lots on the west side of the ridge, preserving two peaks and the integrity of the hillside. Staff recommended approving a Resolution acknowledging a Mitigated Negative Declaration, including the revised noise study; approve a Resolution approving the appeal of the General Plan Amendment; and waive first reading of an Ordinance approving a Rezone, establishing development standards.

Vice Mayor Gutierrez opened the public hearing.

Joan Douglas commended the applicant and stated she had issues with the initial plan. The developer had done an outstanding job of incorporating the hillside and natural open space and connecting the trail system. It was a nice gateway feature and she thanked Council, Planning Commission and Planning staff for doing what was right and following the General Plan. She asked to incorporate the creek in the commercial portion and to make it a nice place to go.

Karen Rogge said she liked the open space. She expressed concerns about dry summer months and dry grass close to the new homes and she asked who would maintain the dry brush areas. She asked if landscaping improvements would be made or if it would be left as a natural habitat for wildlife refuge. She was concerned about losing some of the business park area and conceded to the 35-acrea mixed use business park area rather than attempt to move Sand Creek. She felt it was reasonable to have condensed parking in the area and she recommended a two-story parking structure or underground parking garage in the north west area, where it could be camouflauged with trees. This would leave more square footage space for the business park and green space and could draw some of the larger, higher-paying companies to the area with jobs. Sand Creek was a major corridor for Mt. Diablo and she wanted to see a tree lined walkway area and parkway in the business park area. She asked to see more restaurants, a conference center and hotel in the area. She felt the City was responsible for its growth by placing infrastructure in place before development and the City should strive to balance jobs to housing.

Pat Sotello thanked Council, Planning Commission and staff for sticking to the amount of open space and parks that were required of Discovery Builders. He thanked Council for stopping the hilltops from being cut from development and having houses placed on them. It was an important entrance to the City. He was a member of the Friends of Marsh Creek Water Shed and spoke about the restoration and enhancement of Sand Creek, in accordance the Parks Trails and Recreation Master Plan. When the commercial development on the north side of the project was done, he felt it was important to look at Sand Creek and recognize it as an important community asset that needed to be protected and restored. He said he would follow the development carefully to be sure that the wild life corridor and the natural features of the creek were kept and restored. He asked to have the upscale commercial development incorporate the creek and make it a wonderful place to visit.

Albert Seeno said Discovery Builders had placed a lot of effort into the project. With regard to the zoning, which had a 30 foot height limitation, there was one house, about six percent of the subdivision, which was at 33 1/2 feet and it affected one plan in the estate lots. He asked for 3 1/2 foot height variance in the zoning standards if possible.

Motion: Approve closing the public hearing.
Moved by Taylor, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

Council Member Taylor commented that a lot of people were watching the hill and he wanted to make this a gateway to the City. The project had to be correct and right and would impact a project located across the street. He thanked the builder and said it was good for both the developer and City.

Council Member Beckstrand said she had taken a trip to Oregon regarding the Bart/eBart project, and was intrigued by some of the renditions showing the creek as part of the destination of the shopping centers. She was interested in how that part of the project developed in the future. She beleived there was a lot of opportunity to make the area a nice location if some ideas were incorporated into the project as Discovery Builders moved forward.

Council Member Brockman asked about adding a statement to ensure development standards that are established, do not limit or restrict future restoration and enhancement efforts of Sand Creek.

Senior Planner, Erik Nolthenius, explained there would be two subareas created for the non-residential portion. Subarea A would be north of Sand Creek and Subarea B south of Sand Creek. Council could add language to the general development standard portion for both of the subareas. With regard to height, Council should discuss the matter since development standards would be set. If Council approved the 30-foot height, the developer would not be able to have a 33 1/2 foot high house through the Planning Commission. The developer was asking for 33 1/2 feet and If it stayed at 30, the developer would have to adjust the plans accordingly.

Vice Mayor Gutierrez referred to language discussed by Council Member Brockman and said she was alright with putting the language in the development standards as a separate paragraph for Subareas A and B.

Council Member Beckstrand said she was in support of the language.

Senior Planner, Erik Nolthenius, explained there were varying heights depending on zones and the typical height for a single family home was 30 feet.

Vice Mayor Gutierrez asked about the implications of the 30 foot height versus the 33 1/2 foot height.

Senior Planner, Erik Nolthenius, said it was one plan, not one house, on executive lots and would affect ten out of the 42 lots in that area. Staff preferred 30 feet since it would be consistent and would keep everything on the west side of the hill form 30 feet or below. Pad elevations for some of the lots, regardless of the house size or height, would be below the hill.

Council Member Taylor asked if a majority of the ten homes would be on the mountain side versus coming down toward the Bypass or if they were scattered.

Senior Planner, Erik Nolthenius, said the 33 1/2 foot height limit would apply to the single story plan were proposed on executive lots. The plan was scattered throughout the 42 executive lots, some behind the hill and some not.

Vice Mayor Gutierrez asked if Council wanted to allow the increase or keep with the consistency of development standards.

Council Member Brockman had no problem with adding the 3 1/2 feet as long as it was only one model allowed to exceed 30 feet by 3 1/2 feet. He did not feel it would make that much difference on the other side of the hill and it was only for ten lots.

Council Member Beckstrand stated she did not have a strong objection to it.

Council Member Taylor said he also did not have any objection to it as long as the plan was dispersed. It was one model and ten houses.

Vice Mayor Gutierrez asked to specifically restrict the number of lots so that it did not become some type of precedent to be used by other developments in the future. She asked the lots be placed to be hidden by the area that peaked.

In response to Council Member Brockman to take items out of order, City Attorney, Damien Brower, said Council needed to take the environmental resolution first.

In response to a question by Council Member Taylor regarding soundwall and noise, City Engineer, Bailey Grewal, said the sound study had been completed and reviewed by staff and noise levels would not exceed 60 decibels, which would comply with the City Ordinance as well as the General Plan.

Motion: Adopt Resolution 2006-124 approving without limitation the adoption of a Mitigated Negative Declaration for the Bridle Gate project, located west of the intersection of Sand Creek Road and the State Route 4 Bypass, on both sides of the Sand Creek Road extension (APN 019-082-005).
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

Motion: Adopt Resolution 2006-125 approving the appeal of a General Plan Amendment (GPA 01-01) on approximately 134 acres to modify the text of Special Planning Area E, including the proposed land use mix, located west of the State Route 4 Bypass, on both sides of the Sand Creek Road extension (APN 019-082-005).
Moved by Beckstrand, seconded by Brockman.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

Motion: Introduce and waive first reading of Ordinance 827 Rezone (RZ 05-04) for the 134-acre mixed-use Bridle Gate project, located west of the intersection of Sand Creek Road and the State Route 4 Bypass, on both sides of the Sand Creek Road extension; adding the following language from correspondence received from Joan M. Douglas; "Ensure that development standards established do not limit or restrict future restoration or enhancement efforts of Sand Creek, in accordance with the City’s General Plan, Municipal Code, the Master Plan for Trails, Parks and Recreation, and Brentwood Creek Trails and Revegetation Master Plan"; and adding in the appropriate area, one plan be allowed to exceed the 30-foot height limit to 33 1/2 feet for 10 lots in one plan.
The City Clerk read the title of Ordinance 827.
Moved by Brockman, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

A. Presentation of Veteran’s Proclamation honoring Paul Hernandez

Paul Hernandez accepted the proclamation and informed citizens about the happenings in Iraq.

Council Member Taylor invited Mr. Hernandez to Veteran’s Park on Saturday, May 27, 2006, at 11:00 a.m. for the dedication.

22. Adopt a Resolution certifying and approving the Negative Declaration and adopting the 2006/07-2010/11 Capital Improvement Program. (P. Ehler/P. Meyer)

Director of Finance and Information Systems, Pam Ehler, presented a staff report and said a workshop on the Capital Improvement Program had been held with Council on April 11, 2006, and had gone to Planning Commission for compliance of the General Plan and review of the Negative Declaration.

Vice Mayor Gutierrez opened the public hearing.

Motion: Approve closing the public hearing.
Moved by Brockman, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

Motion: Adopt Resolution 2006-126 certifying and approving the Negative Declaration and adopting the 2006/07-2010/11 Capital Improvement Program.
Moved by Brockman, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

23. Consideration of a Resolution amending the City’s 2005/2006 cost allocation plan and schedule of City Fees to include Police Booking Fees of $170 (M. Davies/D. Castle)

Police Chief, Michael Davies, presented a staff report and stated that for every person booked into the County jail, it cost the City $170. The rates changed year to year and if a person was convicted, there was an opportunity under the Government Code to reclaim the costs by court order.

Vice Mayor Gutierrez opened public hearing.

Motion: Approve closing the public hearing.
Moved by Beckstrand, seconded by Gutierrez.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

Motion: Adopt Resolution 2006-127 amending the City’s 2005/2006 cost allocation plan and schedule of City Fees to include Police Booking Fees of $170.
Moved by Beckstrand, seconded by Taylor.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

INFORMATIONAL REPORTS FROM STAFF - No action required (08:09 PM)

24. Informational Report on Subdivision No. 8729, Palmilla, being developed by Pinn Brothers, located north and south of Central Boulevard, west of UPRR, and east of Griffith Lane; Final Map Approval.

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (08:09 PM)

Vice Mayor Gutierrez said she had attended a debt and bond investment seminar.

REQUESTS FOR FUTURE AGENDA ITEMS - None (08:11 PM)

ADJOURNMENT (08:11 PM)

Motion: approve adjournment.
Moved by Taylor, seconded by Beckstrand.
Vote: Motion carried 4-0.
Yes: Beckstrand; Brockman; Gutierrez; Taylor
Absent: Swisher

Respectfully submitted,

Cynthia Garcia, CMC
Assistant City Clerk

 

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