MARCH 22, 2022
CITY COUNCIL/SUCCESSOR AGENCY/BIFA MINUTES
7:00 PM – CITY COUNCIL/SUCCESSOR AGENCY/BRENTWOOD INFRASTRUCTURE
FINANCING AUTHORITY (BIFA) MEETING
CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 7:00 pm.
Attendee Name Title Status
Jovita Mendoza Council Member Remote
Susannah Meyer Council Member Remote
Karen Rarey Council Member Remote
Johnny Rodriguez Vice Mayor Remote
Joel R. Bryant Mayor Remote
PLEDGE OF ALLEGIANCE
Mayor Bryant led the pledge of allegiance.
PUBLIC COMMENTS
Danny Dorhmann, resident, expressed concern with items being placed on the Consent Calendar related to the Planning Commission’s consideration of a car wash.
Charlotte Lane, Annie Wright, and Lisa Fulton spoke regarding Contra Costa Animal services and felt the proposed agreement between cities and Contra Costa Animal Services needed to be reviewed and they outlined their concerns with the proposed agreement.
Sinziana Todor, resident, spoke regarding the Rainflow Car Wash project and the consideration of the project by the Planning Commission, and addressed an article in which the Vice Mayor appeared.
A. PRESENTATIONS
A.1. Presentation on the Police Department’s Annual Report (Thomas Hansen) – Police Chief Thomas Hansen presented a PowerPoint to the City Council regarding the Police Department.
B. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS AND STAFF
Council Member Mendoza reported on attendance at Cal Cities Mayors and Council Persons roundtable on water and homelessness, the Contra Costa LAFCO meeting on the East Contra Costa Fire Protection District and Contra Costa Fire consolidation, the Oil and Gas rally, the Homeless Townhall, the Land Use and Development meeting, a meeting with staff and an interested party related to the soccer complex, and attended two Livable California meetings.
Council Member Meyer reported on attendance at Cal Cities Mayors and Council Persons roundtable, a meeting with Chief Hansen and Captain Silva and a follow-up meeting with the Reach Executive Director regarding youth services, the Shadow Lakes Neighborhood Clean Up, the Oil and Gas Rally, California Alliance of Local Electeds, Cal Cities Women’s Caucus meeting, MARCH 22, 2022
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reported on a request to do a presentation at the Impact 100 event, the Virtual Townhall on homelessness.
Council Member Rarey reported on attendance at the Cal Cities Mayor and Council Persons roundtable, the the Contra Costa LAFCO meeting on the East Contra Costa Fire Protection District and Contra Costa Fire consolidation, a meeting with Captain Silva and a resident regarding Dolphin Park strategies, spoke with a representative from Senator Glazers office regarding an interpretive center at the John Marsh house, a meeting with Shadow Lakes HOA member regarding the entrance fountain repairs, the California Alliance of Electeds, a meeting with Chief Hansen, the Virtual Townhall on Homelessness, a John Marsh Historic Trust meeting, the Holy Festival of Colors, spoke with someone requesting annual recognition of World Down Syndrome Day, and attended the Land Use and Development committee meeting.
Vice Mayor Rodriguez reported on attendance at the virtual Townhall on Homelessness.
Mayor Bryant reported on attendance at Molkolume Overpass groundbreaking for the pedestrian and bicycle trail, attended the Holy Festival of Colors, the swearing in of the news Arts Commissioners, the Airport Land Use Commission meeting, the Transplan meeting, the BART meeting, the State Route 4 meeting, the ECCCRFA meeting, and a meeting with a resident of Deer Ridge.
City Manager Ogden reported on the Capital Improvement Workshop to be held at 5:00 p.m. on April 12, 2022, and the Budget Workshop to be held on May 10, 2022, at 5:00 p.m., and invited the public to attend.
C. CONSENT CALENDAR
Council Member Meyer requested agenda Item C.4 be removed from the Consent Calendar for further discussion.
It was moved/seconded by Rarey/Rodriguez to adopt the Consent Calendar C.1 – C.3 and C.5 as recommended by staff. 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: Johnny Rodriguez, Vice Mayor
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
C.1 Adopted Resolution 2022-31 Approving and Authorizing the City Manager to execute a Side Letter between the City of Brentwood and the Brentwood Employees’ Association Public Works Division (Sukari Beshears)
C.2. Accepted the recommendation from the Arts Commission and adopted Resolution 2022- 32 authorizing the Director of Parks and Recreation to execute six Agreements for Artist Services and one General Services Agreement for Utility Box Cleaning and Priming Services for a total of seven utility boxes throughout Brentwood, in an amount not to exceed $9,000 and amend the FY 2021/2022 Operating Budget by increasing expenditures in the Public Art Program Acquisition Fund by $9,000 (Bruce Mulder/Kris Farro)
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C.3. Adopted Resolution 2022-33 of initiation appointing Francisco & Associates, Inc., as the Engineer of Work for the Landscape and Lighting Assessment Districts, including the Landscape and Lighting Assessment District No. 19-3, Landscape and Lighting Assessment District No. 21-1, and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2022/23; ordering the Engineer of Work to prepare and file the Engineer’s Reports for the 2022/23 Fiscal Year; and making a finding that the actions are categorically exempt from the California Environmental Quality Act. (Bruce Mulder/Aaron Wanden)
C.4. PULLED FOR DISCUSSION: Resolutions approving the continued use of teleconferencing for meetings of (1) the City Council and all subsidiary City legislative bodies, (2) the Successor Agency to the Brentwood Redevelopment Agency, and (3) the Brentwood Infrastructure Financing Authority, from March 22, 2022 through April 21, 2022, per AB 361 (2021) (Tim Ogden/Margaret Wimberly)
C.5. Adopted Resolution 2022-34 approving and authorizing the City Manager or designee to execute a citywide agreement with Crime Scene Cleaners for a total not to exceed amount of $175,000 for bio-hazard cleanup and mitigation services through June 30, 2024 with an annual allocation of $38,000 for FY 2021/22, $68,500 for FY 2022/23, and $68,500 for FY 2023/24 (Kerry Breen/Wilton Alderman)
Item(s) removed from the Consent Calendar:
C.4 Resolutions approving the continued use of teleconferencing for meetings of (1) the City Council and all subsidiary City legislative bodies, (2) the Successor Agency to the Brentwood Redevelopment Agency, and (3) the Brentwood Infrastructure Financing Authority, from March 22, 2022 through April 21, 2022, per AB 361 (2021) (Tim Ogden/Margaret Wimberly)
It was moved/seconded by Meyer/Mendoza to adopt resolutions approving the continued use of teleconferencing for meetings of (1) 2022-35 the City Council and all subsidiary City legislative bodies, (2) 2022-06-SA the Successor Agency to the Brentwood Redevelopment Agency, and (3) BIFA-39 the Brentwood Infrastructure Financing Authority, from March 8, 2022 through April 7, 2022, per AB 361 (2021) . 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
D. PUBLIC HEARINGS
D.1. A public hearing to consider an ordinance to amend provisions of Brentwood Municipal Code Chapter 2.10 to reflect revised electoral districts and council member representation. (Tim Ogden/Margaret Wimberly/Damien Brower) Mayor Bryant opened the public hearing.
Rod Flohr, resident, congratulated the City Council on the redistricting process, and also congratulated the Redistricting Commission.
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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.
It was moved/seconded by Mendoza/Meyer to introduce and waive the first reading of Ordinance 1035, amending the provisions of Brentwood Municipal Code Chapter 2.10 to reflect revised electoral districts and council member representation. The city clerk read the title of the proposed ordinance 1035. 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. Provide direction on Dolphin Park Strategies and Operating Hours (Bruce Mulder/Aaron Wanden)
Mayor Bryant opened the public comment period.
Rod Flohr, resident, felt there needed to be action taken, and spoke regarding the behavior of one of the jump house vendors and that they should be banned.
Carolina Villaseca, resident, stated she understood the issues the neighbors are experiencing, and felt that if the hours at this park are cut, that may create problems at other parks.
Jeremy, homeowner near Dolphin Park, spoke regarding the issues at the park on weekends and the negative impacts that creates on the neighbors, and spoke in support of closing the water feature on weekends.
There being no one else wishing to speak the public comment period was closed.
It was moved/seconded by Rarey/Mendoza to direct staff, as detailed in the staff report, to: increase the frequency of trash pick-up, increase signage with simpler messaging, review the feasibility of strategically placed fencing, operate the water feature hours for weekdays from 11:00 a.m. to 7:00 p.m., and on weekends from 11:00 a.m. to 2:00 p.m. and 5:00 p.m. to 7:00 pm, create general education social media posts on bounce houses, large outdoor play structures, grills, barbeques, canopy tents, and alcohol use at parks, along with the process to get a permit for those different items, to be posted both on the Parks and Recreation page and the Police Departments pages, create a park matrix with a column related to bounce houses with marks indicating the parks that bounce houses are prohibited and a mark to indicate which parks allow bounce houses by permit, initiate the process to assess the placement of speed bumps around the park, and authorize the city manager to close the water feature intermittently as needed due to ongoing problems. 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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RESULT: APPROVED [UNANIMOUS]
MOVER: Karen Rarey, Council Member
SECONDER: Jovita Mendoza, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
Mayor Bryant with the consensus of Council moved Item E.5 prior to E.2 E.5 City Council discussion of, and possible direction to staff, related to oil and gas regulations in the City of Brentwood, including the possibility of strengthening existing regulations, adopting a moratorium, and/or enacting a permanent ban. (Tim Ogden/Margaret Wimberly)
Mayor Bryant opened the public comment period.
Public Comments were received prior to the meeting on agenda Item E.5 in support of a ban on oil and gas drilling from the following: Kathy Petricca, Cynthia Mahone, Dipenra Rai (and family), Jeffrey Mann, Ken Ervin, Margie Chen, Marjaneh Moini, and Nigel Jesson.
The following residents spoke in opposition to the item: Ian Cohen, Rod Flohr, Carolina Villaseca, Alexi Lindeman, Lisa Chang, Alison Chiu, Charles Davidson, Kyle, and Nigel Jesson requested the City Council ban all oil and gas drilling in the City due to health impacts to residents, climate change, and air quality.
There being no one else wishing to speak, the public comment period was closed.
It was moved/seconded by Mendoza/Rarey to direct staff to come back with a moratorium banning oil and gas drilling in the City of Brentwood while staff work on an ordinance with a target of 3,200 feet of sensitive receptor areas and a permanent ban of oil and gas drilling within city limits. 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. Provide the City Council with requested information related to the affordable housing inclusionary obligation, in-lieu fees and HOA dues, as well as receive direction with respect to potential changes to existing policies or ordinances related to affordable housing. (Alexis Morris/Sylvia Elias)
Mayor Bryant opened the public comment period.
Jane Stafford, resident, spoke in opposition of removing the in-lieu fee and spoke regarding the need for homes that are affordable at the entry level.
Iman Novin, advocated for the in-lieu fee and impact fee options to remain in place and felt they were a needed tool to provide affordable housing for the low income and very low income level.
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Rod Flohr, resident, spoke in support of removing the in-lieu fee and supported and felt the builders needed to build inclusionary housing.
Ellen Morris, Eden Housing, spoke in support of the in-lieu fee remaining in place to continue funding the programs that provide affordable housing.
Carolina Villaseca, resident, felt that affordable housing should not be built in clusters and felt the developers should build inclusionary housing, and asked if there could be hybrid program.
There being no one else wishing to speak the public comment period was closed.
It was moved/seconded by Rarey/Mendoza to direct staff to bring back additional information on: the effects of density bonus allocation rounding, clarification on the manner in which units count towards density bonuses, the manner and use of the rental housing trust fund and what those funds can be used for, show the impact of General Fund allocations funding the affordable housing program and not just administrative costs, information on the in-lieu fees and show the impact of General Fund allocations funding in-lieu programs, information for onsite or offsite for ownership if the in-lieu fees are removed, and alternatives and options for the two rental options. 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. A resolution accepting the Annual Progress Report on the implementation of the Brentwood General Plan Housing Element for calendar year 2021 as required by the State of California and directing staff to forward the report to the Governor’s Office of Planning and Research and the State Department of Housing and Community Development. (Alexis Morris/Jennifer Hagen)
Mayor Bryant opened the public comment period, there being no else wishing to speak it was closed.
It was moved/seconded by Meyer/Rarey to adopt Resolution 2022-36 accepting the Annual Progress Report on the implementation of the Brentwood General Plan Housing Element for calendar year 2021 as required by the State of California and directing staff to forward the report to the Governor’s Office of Planning and Research and the State Department of Housing and Community Development. 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: Susannah Meyer, Council Member
SECONDER: Karen Rarey, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
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E.4. Adopt a resolution finding that the Annual Progress Report accurately reflects the General Plan implementation for calendar year 2021; accepting the report as required by the State of California; and directing staff to forward the report to the Governor's Office of Planning & Research (OPR) and the State Department of Housing and Community Development (HCD). (Alexis Morris/Erik Nolthenius)
Mayor Bryant opened the public comment period, there being no else wishing to speak it was closed.
It was moved/seconded by Rarey/Mendoza to adopt Resolution 2022-37 finding that the Annual Progress Report accurately reflects the Brentwood General Plan implementation for calendar year 2021; accepting the report as required by 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: Jovita Mendoza, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
F. REQUEST FOR FUTURE AGENDA ITEMS
F.1. NEW REQUEST(S)
Council Member Rarey requested a future agenda item to amend the annual proclamation calendar to add March 21st of each year as World Down Syndrome Day.
Council Member Rarey requested a future agenda item regarding a review of the services provided by Contra Costa Animal Services and possible outreach to east County cities to discuss bringing services to this area.
Council Member Meyer requested a future agenda item enhancements to the current noticing for projects, including distribution method and an increase in the distance of a project for required noticing.
F.2. REQUESTED ITEMS
F.2.1. A Resolution of the City Council of the City of Brentwood to make a contribution of $10,000 to the H.O.P.E. House to support seniors and other individuals facing food shortages during this time; and amending the FY 2021/22 General Fund Operating Budget (Tim Ogden/Tim Ogden)
Mayor Bryant opened the public comment period, there being no else wishing to speak it was closed.
It was moved/seconded by Bryant/Rarey to provide $10,000 to the H.O.P.E. House using the same process that was used in the past. Roll Call vote found Council Member Rarey and Mayor Bryant in favor, an Council Members Mendoza, Meyer and Vice Mayor Rodriguez opposed. Motion failed.
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RESULT: MOTION FAILED [2/3]
MOVER: Joel Bryant, Mayor
SECONDER: Karen Rarey, Council Member
AYES: Rarey, Bryant
NOES: Mendoza, Meyer, Rodriguez
ADJOURNMENT
It was moved/seconded by Rarey/Meyer to adjourn. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor. The meeting adjourned at 12:43 a.m.