JANUARY 25, 2022
CITY COUNCIL/SUCCESSOR AGENCY MINUTES
Pursuant to Section 54956 of the California Government Code, a special meeting of the City Council is hereby called for January 25, 2022 at 5:30 p.m. or as soon thereafter as possible.
CALL TO ORDER & ROLL CALL
Mayor Bryant called the special meeting to order at 5:30 p.m.
Attendee Name Title Status
Jovita Mendoza Council Member Present
Susannah Meyer Council Member Present
Karen Rarey Council Member Present
Johnny Rodriguez Vice Mayor Present
Joel R. Bryant Mayor Present
PUBLIC COMMENTS
Sinziana Todor, resident, spoke regarding Item A and asked when and where the sale was advertised, and stated she had suspicions regarding the process as it relates to special interests.
RECESS TO CLOSED SESSION It was moved/seconded by Rarey/Mendoza to recess to closed session. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
[Gov’t. Code §54956.8]
Property: 101 Sand Creek Road, Brentwood, CA 94513
APN 016-110-031
Negotiating Party: LRG Investors, LLC
City Negotiators: Tim Ogden, City Manager
Ricardo Noguera, Economic Development Manager
Joshua Ewen, Senior Analyst
Under Negotiation: Price and Terms of Payment
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
[Gov’t. Code §54957]
Title: City Manager
ADJOURN CITY COUNCIL
It was moved/seconded by Rarey/Meyer to adjourn the special meeting. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.
7:00 PM – CITY COUNCIL/SUCCESSOR AGENCY MEETING
CALL TO ORDER & ROLL CALL
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CITY COUNCIL/SUCCESSOR AGENCY MINUTES
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Mayor Bryant called the meeting to order at 7:00 p.m.
Attendee Name Title Status
Jovita Mendoza Council Member Present
Susannah Meyer Council Member Present
Karen Rarey Council Member Present
Johnny Rodriguez Vice Mayor Present
Joel R. Bryant Mayor Present
PLEDGE OF ALLEGIANCE
Mayor Bryant led the Pledge of Allegiance.
REPORT ON CLOSED SESSION
There was no reportable action.
PUBLIC COMMENTS
Carolina Villaseca, resident, thanked Parks staff for their work at King Park and the clinic on Sand Creek for walk-in appointments. She then requested Council and others send in letters to CalTrans regarding State Route 239 regarding the impacts the project will make in Brentwood.
Rod Flohr, resident, spoke regarding Item C.2 and stated it has been two years since the issue has been brought forward and felt the residents would like a timeline on the project. He further stated he concurred with the previous speaker, and felt that State Route 239 would create impacts on residents.
A. PRESENTATIONS
A.1 A Proclamation proclaiming February 2022 as Black History Month. Mayor Bryant read the proclamation.
A.2 A Proclamation proclaiming Health for Humanity Yogathon from January 15th to January 30th, 2022. Mayor Bryant read the proclamation.
B. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS, AND STAFF
Council Member Mendoza reported on attendance at federal Zoom meeting titled Our Homes, the A-3 community crisis initiative, the Redistricting Commission meeting, a meeting with Assemblywoman Buffy Wicks on progressive housing policy, a call on global housing issues, meeting with Congressman John Garamendi, a meeting with business owners on Brentwood Boulevard who are interested in a food truck night, the SR 239 meeting, the Pleasanton City Council meeting, and attended the Brentwood Union School District meeting.
Council Member Meyer reported on attendance at the Redistricting Commission meeting, discussions with residents, a virtual Soroptimist of the Delta meeting, the CalCities Mayor and Council Members convention, attended the Caltrans open house for SR 239, a tour of the CD building, a tour of the local nonprofit Working Wonders, and a Contra Costa County elections community engagement meeting.
Council Member Rarey reported she received a presidential appointment at the Cal Cities Public Safety Policy Committee, attended a Cal Cities Policy Committee Orientation, attended the JANUARY 25, 2022
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Redistricting Commission meeting, attended the State Route 239 virtual scoping meeting, toured the CD building, and met with the City Attorney.
Vice Mayor Rodriguez reported on meetings with residents and a tour of the CD building.
Mayor Bryant reported on attendance at the BART, State Route 4, ECCRFFA meeting; a meeting of the Airport Land Use Commission; the State Route 239 meeting, meetings with individuals who want to bring new businesses to the community, and meetings with groups regarding homelessness.
B. CONSENT CALENDAR
Mayor Bryant pulled Consent Calendar Item C.2.
Council Member Mendoza pulled items C.1 and C.3.
It was moved/seconded by Rodriguez/Meyer to adopt Consent Calendar Items C.4 – C.11 as recommended by staff. The City Clerk read the title of the proposed Ordinances. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.
RESULT: APPROVED [UNANIMOUS]
MOVER: Johnny Rodriguez, Vice Mayor
SECONDER: Susannah Meyer, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
C.1. PULLED FOR FURTHER DISCUSSION: Staff Update on Vaccination Clinics (Bruce Mulder/Kris Farro)
C.2. PULLED FOR FURTHER DISCUSSION: A Resolution approving the construction phase of the Deer Ridge Frontage Landscaping Improvements project, CIP No. 352-52440 and authorizing staff to amend the FY 2021/22 – FY 2025/26 Capital Improvement Program (CIP) Budget; amending the FY 2021/22 Operating Budget; approving a long-term interfund loan in the amount of $722,476, per Council/Administrative Policy 10-5, Budget and Fiscal Policies, Section 4.3, to provide capital funding for the portion of this construction cost that is the responsibility of Lighting and Landscape Assessment District (LLAD) 21-1 (Deer Ridge Landscape Improvements). (Bruce Mulder/Joe Odrzywolski) C.3. PULLED FOR FURTHER DISCUSSION: A Resolution approving the purchase and installation of pre-fabricated restroom buildings, and authorizing the City Manager or his designee to execute a purchase order in the amount of $333,998 with Public Restroom Company, through a Sourcewell Cooperative Purchasing Agreement for Creekside Park and Garin Park Restrooms, CIP Project No. 352-52442 and amending the FY 2021/22 – 2025/26 Capital Improvement Program Budget (CIP) and the 2021/22 Operating Budget. (Bruce Mulder/Aaron Wanden/Mike Azamey)
C.4. Adopted Resolution 2022-06 approving the purchase of ten replacement vehicles and four new vehicles from Bill Brandt Ford in Brentwood, CA; and authorizing the City Manager or designee to execute a purchase order and necessary documents in an amount not to exceed $527,100. (Miki Tsubota/Casey Wichert/Scott Dempsey) JANUARY 25, 2022
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C.5. Adopted Resolution 2022-07 accepting certain park improvements on Parcel ‘A’ (Meadowhawk Park) of the 2700 Empire development (Subdivision 9412) and trail connection improvements along a portion of the Dry Creek Trail constructed pursuant to the Temporary Turnaround and Trail Connection Agreement between the City and 2700 Empire, LLC for maintenance by the City and requesting the City Clerk to file this Resolution with the Recorder of Contra Costa County. (Bruce Mulder/Joe Odrzywolski) C.6. Adopted Resolution 2022-08 to approve the continued funding of the Priority Events category for the Economic Development Grant Program for fiscal years 2022/23 and 2023/24; and authorize the City Manager or his designee to execute documents related to the Grant Program, as needed (Thomas Hansen/Peggy Berglund/Joshua Ewen) C.7. Second reading and adoption of Ordinance 1032 repealing Brentwood Municipal Code Chapter 2.20 (Planning Commission); adding a new Chapter 2.44 (Planning Commission); and repealing resolutions and policies pertaining to the Planning Commission. (Alexis Morris/Erik Nolthenius)
C.8. Second reading and adoption of Ordinance No. 1031 amending City Council/Administrative Policy No. 10-13, Signature Authority, related to non-development related services under a deposit agreement, City Attorney and Director Signature authority sections and minor revisions for consistency (Kerry Breen/Wilton Alderman) C.9. Adopted Resolution 2022-09 and Resolution 2022-03 -SA approving and authorizing the City Manager or City Attorney and Executive Director or General Counsel, as appropriate, to execute the City's Purchase Orders, Change Orders and/or Agreements, after approval as to form by the City Attorney or General Counsel with specified vendors. (Kerry Breen/Wilton Alderman)
C.10. Approved a list of Proclamations for 2022 with possible direction to staff on changes to the schedule. (Tim Ogden/Margaret Wimberly)
Items Pulled from the Consent Calendar:
C.1 Staff Update on Vaccination Clinics (Bruce Mulder/Kris Farro) The City Council accepted the report.
C.2 A Resolution approving the construction phase of the Deer Ridge Frontage Landscaping Improvements project, CIP No. 352-52440 and authorizing staff to amend the FY 2021/22 – FY 2025/26 Capital Improvement Program (CIP) Budget; amending the FY 2021/22 Operating Budget; approving a long-term interfund loan in the amount of $722,476, per Council/Administrative Policy 10-5, Budget and Fiscal Policies, Section 4.3, to provide capital funding for the portion of this construction cost that is the responsibility of Lighting and Landscape Assessment District (LLAD) 21-1 (Deer Ridge Landscape Improvements). (Bruce Mulder/Joe Odrzywolski)
It was moved/seconded by Bryant/Rarey to adopt Resolution 2022-10 approving the construction phase of the Deer Ridge Frontage Landscaping Improvements project, CIP No. 352-52440 and authorizing staff to amend the FY 2021/22 – FY 2025/26 Capital Improvement Program (CIP) Budget; amending the FY 2021/22 Operating Budget; approving a long-term interfund loan in the amount of $722,476, per Council/Administrative Policy 10-5, Budget and Fiscal Policies, Section 4.3, to provide capital funding for the portion of this construction cost that is the responsibility of Lighting JANUARY 25, 2022
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and Landscape Assessment District (LLAD) 21-1 (Deer Ridge Landscape Improvements). Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.
RESULT: APPROVED [UNANIMOUS]
MOVER: Joel Bryant, Mayor
SECONDER: Karen Rarey, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
C.3 A Resolution approving the purchase and installation of pre-fabricated restroom buildings, and authorizing the City Manager or his designee to execute a purchase order in the amount of $333,998 with Public Restroom Company, through a Sourcewell Cooperative Purchasing Agreement for Creekside Park and Garin Park Restrooms, CIP Project No. 352-52442 and amending the FY 2021/22 – 2025/26 Capital Improvement Program Budget (CIP) and the 2021/22 Operating Budget. (Bruce Mulder/Aaron Wanden/Mike Azamey)
It was moved/seconded by Mendoza/Rarey to defer action on this item and to refer the item to the Park and Recreation Commission. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.
RESULT: APPROVED [UNANIMOUS]
MOVER: Jovita Mendoza, Council Member
SECONDER: Karen Rarey, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
D. PUBLIC HEARINGS
D.1. SB 9 Urgency Ordinance Extension, extending amendments to Sections 16.020.060,
17.100.005, 17.620.007, and 17.820.003 of the Brentwood Municipal Code, and additions of Chapters 16.169, 17.796, and 17.797 to the City of Brentwood Municipal Code, and possible further direction to staff on related non-urgency ordinance (Alexis Morris) Mayor Bryant opened the public comment period.
Rod Flohr, resident, spoke regarding his previous public comment to clarify there was no insinuation that staff was at any fault and thanked staff for their work.
Carolina Villaseca, resident, asked if parking was on the list of suggestions for the ordinance.
Danny Dohrmann, resident, felt that City staff needed to look at what is being done in other cities such as Beverly Hills. He felt there should be a work around that has not been found.
There being no one else wishing to speak, it was moved/seconded by Rarey/Mendoza to close the public hearing. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.
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It was moved/seconded by Mendoza/Rarey to adopt SB 9 Urgency Ordinance Extension, extending amendments to Sections 16.020.060, 17.100.005, 17.620.007, and 17.820.003 of the Brentwood Municipal Code, and additions of Chapters 16.169, 17.796, and 17.797 to the City of Brentwood Municipal Code, and possible further direction to staff on related non-urgency ordinance. The City Clerk read the title of the Ordinance. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.
RESULT: APPROVED [UNANIMOUS]
MOVER: Jovita Mendoza, Council Member
SECONDER: Karen Rarey, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
It was moved/seconded by Rarey/Mendoza to direct staff to further research additions to the future regular ordinance and to schedule a City Council workshop to discuss additions to the regular ordinance, including covered parking, affordable housing, owner occupancy, and solar panels. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.
RESULT: APPROVED [UNANIMOUS]
MOVER: Karen Rarey, Council Member
SECONDER: Jovita Mendoza, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
E. BUSINESS ITEMS
E.1. Consideration of a Resolution amending the 2021/22 Operating Budget; and amending the 2021/22 – 2025/26 Capital Improvement Program (CIP) Budget (Kerry Breen/Christine Andrews)
Mayor Bryant opened the public comment period; there being no one wishing to speak, it was closed.
It was moved/seconded by Mendoza/Rarey to adopt Resolution 2022-11 amending the 2021/22 Operating Budget; and amending the 2021/22 – 2025/26 Capital Improvement Program (CIP) Budget. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.
RESULT: APPROVED [UNANIMOUS]
MOVER: Jovita Mendoza, Council Member
SECONDER: Karen Rarey, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
E.2. Consideration of the Measure X Youth Center funding opportunity and selection of a location to explore further. (Tim Ogden/Bruce Mulder)
Mayor Bryant opened the public comment period.
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Carolina Villaseca, resident, felt that whatever location is picked, it should be zoned correctly.
Rod Flohr, resident, felt the CD building may not be the best site due to its location, and felt that the best option would be to construct a facility with the amenities that are needed.
There being no one else wishing to speak, the public comment period was closed.
It was moved/seconded by Rarey/Mendoza to conditionally recommend the site of 400 Guthrie Lane for a possible youth center if funded with Measure X Youth Center funding.
Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.
RESULT: APPROVED [UNANIMOUS]
MOVER: Karen Rarey, Council Member
SECONDER: Jovita Mendoza, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
E.3. Review the City Council committee assignments and regional body appointments for 2022, and make appointments as needed. (Tim Ogden/Margaret Wimberly) Mayor Bryant opened the public comment period.
Carolina Villaseca, resident, thanked the Council for representing Brentwood.
There being no one else wishing to speak, the public comment period was closed.
There was Council consensus to remove Council Member Rarey and add Council Member Meyer to the Ag Enterprise Committee, to add Council Members Rarey and Meyer to the State Route 4 Noise Committee, and to add Council Member Rarey as the Liaison to the John Marsh Historic Trust.
It was moved/seconded by Mendoza/Meyer to approve the 2022 City Council committee and regional body appointments and approval of the committee descriptions. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.
RESULT: APPROVED [UNANIMOUS]
MOVER: Jovita Mendoza, Council Member
SECONDER: Susannah Meyer, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
E.4. Consideration of a Resolution expressing support for the Brand-Huang-Mendoza Tripartisan Land Use Initiative to Amend Article XI of the Constitution of the State of California. (Alexis Morris)
Mayor Bryant opened the public comment period.
Rod Flohr, resident, expressed his support for the item.
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There being no one else wishing to speak, the public comment period was closed.
It was moved/seconded by Rarey/Meyer to adopt Resolution 2022-12 expressing support for the Brand-Huang-Mendoza Tripartisan Land Use Initiative to Amend Article XI of the Constitution of the State of California. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.
RESULT: APPROVED [UNANIMOUS]
MOVER: Karen Rarey, Council Member
SECONDER: Susannah Meyer, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
Council Member Meyer announced she would be recusing herself from item E.5 as her employer was one of the co-authors of the bill, and she wanted to avoid the appearance of a conflict of interest. Council Member Meyer left the Zoom meeting.
E.5. Consideration of a Resolution expressing support for Assembly Constitutional Amendment (ACA) 7. (Alexis Morris)
Mayor Bryant opened the public comment period.
Rod Flohr, resident, expressed his support for the item.
There being no one else wishing to speak, the public comment period was closed.
It was moved/seconded by Rarey/Mendoza to adopt Resolution 2022-13 expressing support for Assembly Constitutional Amendment (ACA) 7. Roll call vote found Council Member Mendoza, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor, and Council Member Meyer recused.
RESULT: APPROVED [UNANIMOUS]
MOVER: Karen Rarey, Council Member
SECONDER: Jovita Mendoza, Council Member
AYES: Mendoza, Rarey, Rodriguez, Bryant
RECUSED: Meyer
Council Member Meyer returned to the Zoom meeting.
F. REQUEST FOR FUTURE AGENDA ITEMS
F.1. NEW REQUEST(S)
There were no requested future agenda items.
ADJOURNMENT
It was moved/seconded by Rarey/Mendoza to adjourn. Roll call found motion carried unanimous with Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.