APRIL 12, 2022
CITY COUNCIL/SUCCESSOR AGENCY/BIFA MINUTES
Pursuant to Section 54956 of the California Government Code, a special meeting of the City Council is hereby called for April 12, 2022 at 5:00 p.m. or as soon thereafter as possible.
CALL TO ORDER A SPECIAL MEETING OF THE CITY COUNCIL – Mayor Bryant called the special meeting to order at 5:00 p.m.
ROLL CALL
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
1. Conduct a Workshop on the Draft 2022/23 - 2026/27 Capital Improvement Program. (Sonia Agostini/Jigar Shah)
Mayor Bryant opened the public comment period, there being no one wishing to speak it was closed.
An e-mail was received from S. Walker stating opposition to the funding of the sound wall.
It was moved/seconded by Rarey/Meyer to provide direction to staff to bring back the CIP Budget for consideration of approval on May 24, 2022, with the following changes: (1) include Option 1 (sliding gate) for the Parking Garage, (2) refer signage program to LUD for review, and potentially move a portion of funds earmarked for signs to façade beautification instead, (3) add the sound wall at Carrara Street, (4) add further funding for the Deer Ridge landscaping, and (5) add further funding for the Creekside and Garin Park restrooms. 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
ADJOURN CITY COUNCIL
It was moved/seconded by Meyer/Rarey to adjourn the special meeting at 7:05 p.m. 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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7:00 PM – CITY COUNCIL/SUCCESSOR AGENCY MEETING
CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 7:11 p.m.
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
The following speakers spoke in opposition to Blue Bird Village citing reasons such as not making changes to the General Plan, the impacts of increased density, the potential for reduced services, and increased infrastructure needs: LingSing Chen, Antonia Xavier, Mrs. C, Rod Flohr, and Laura Avila.
Danny Dorhmann, resident, spoke in opposition to Blue Bird Village, and requested information on who owns the website for the www.brentwoodhousingelement.com Sarai Espinoza, One Day at a Time, spoke regarding an Easter event, and indicated she was responsible for approving the event after being approached by the Police Department and invited members of the community and members of the City Council to visit One Day at a Time and learn about their organization.
Sinziana Todor, resident, spoke regarding One Day at a Time and stated additional disclosure of financial interests was needed from the organization and from the Vice Mayor; she spoke regarding Consent Calendar Item C.8 and wanted to ensure the improvements were related to the school project, and not related to Blue Bird Village, and spoke further regarding Blue Bird Village and encouraged Council to stick to the general plan.
Lisa Kirk, Contra Costa Society for Prevention of Cruelty to Animals, felt the City needed to review the contract being proposed by Contra Costa Animal Services and felt it lacked the needed services.
Ian Cohen, resident, thanked the Police Department for honoring Autism Awareness Month.
Susan Wallace, resident, spoke in support Blue Bird Village as higher density projects would provide more affordable housing for residents.
Carolina Villaseca, resident, spoke regarding the importance of participating in the local City Council meetings, and spoke regarding the impacts of growth on local schools, and impacts on public safety.
An e-mail was received from Mariana Petrencko regarding support for Ukraine and Ukrainian refugees.
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A. PRESENTATIONS
A.1. Proclamation in honor of Matias “Mayo” Rogers and the 1st Annual Miles for Mayo 5KCouncil Member Mendoza read the proclamation and presented it to the Rogers family.
A.2. Proclamation Proclaiming April 2022 as Autism Awareness Month. – Council Member Mendoza read the proclamation and presented it to Matt Schwabb of Working Wonders.
A.3. Proclamation recognizing April 3rd through April 9th as Library Week and a presentation from the Brentwood Librarian, Andrea Freyler. – Mayor Bryant read the proclamation and presented it to librarian Andrea Freyler. Librarian, Andrea Freyler, provided a presentation to the City Council on library activities.
A.4. Proclamation Proclaiming April 12, 2022, as Education and Sharing Day. – Mayor Bryant read the proclamation and presented it to Rabbi Peretz Goldshmid.
A.5. Proclamation Proclaiming April 22, 2022 as Earth Day – Mayor Bryant read the proclamation and presented it to Ian Cohen.
B. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS AND STAFF
Council Member Mendoza reported on attendance at Cal Cities 2022 Legislative Briefing, an ABAG educational seminar, the Contra Costa Council on Homelessness, Livable California, and the Contra Costa Mayors’ Conference.
Council Member Meyer reported on attendance at a Supervisor District 4 Forum, the State Route 4 Ad-hoc committee meeting, a meeting with the Director of Parks and Recreation and the Seniors Club, the Brentwood literary stroll, the Contra Costa Mayors’ Conference, Alliance of Local Leaders, Cal Cities Summit and Meet and Greet, and the Farmers Market to meet residents at their support for Ukraine booth.
Council Member Rarey reported on attendance at the ABAG Regional Housing Technical Assistance meeting, a meeting with a resident regarding a land use initiative, the State Route 4 Noise Ad-Hoc Committee meeting, the PAL Board meeting, a meeting with the Chief of Police regarding the One Day at a Time Egg Hunt event, a meeting with a resident regarding the Highway 4 off-ramp traffic on Balfour Road, and non-potable water delivery, and a meeting with Contra Costa County on SBCA.
Vice Mayor Rodriguez reported on the One Day at a Time Egg Hunt event and thanked residents, and spoke regarding the events related to the Egg Hunt.
Mayor Bryant reported on attendance at the Contra Costa Mayors’ Conference, reopening of Blue Goose Park, Airport Land Use, meetings with residents regarding oil drilling, the Tri Delta Transit board meeting, and meetings with residents who want more events in the City.
C. CONSENT CALENDAR
Council Member Rarey requested agenda Item C.5 be pulled from the Consent Calendar, and Council Member Mendoza requested agenda item C.8 be pulled from the Consent Calendar.
It was moved/seconded by Rarey/Mendoza to approve Consent Calendar Items C.1 – C.4 and C.6 to C.7, and C.9- C.11, as recommended by staff. 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.
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RESULT: APPROVED [UNANIMOUS]
MOVER: Karen Rarey, Council Member
SECONDER: Jovita Mendoza, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
C.1. Minutes of the City Council/Successor Agency/BIFA meetings of December 14, 2021, and January 11, 2022, the minutes of the City Council/Successor Agency meetings of December 21, 2021, and January 25, 2022, and the special meeting minutes of December 1, 2021. (Margaret Wimberly)
C.2. Adopted Resolution 2022-38 authorizing the City Manager or designee to execute the Second Amended and Restated Memorandum of Understanding with East Contra Costa County participating agencies to implement the Groundwater Sustainability Plan for the East Contra Costa Subbasin, Basin 5-22.19 San Joaquin Valley. (Miki Tsubota/Casey Wichert/James Wolfe)
C.3. Adopted Resolution 2022-39 Pertaining to the Confirmation of Emergency Order 2022-03 of the Director of Emergency Services (Tim Ogden/Tim Ogden) C.4. Waived Second reading and adopted ordinance 1035 amending provisions of Brentwood Municipal Code Chapter 2.10 to reflect revised electoral districts and council member representation. (Tim Ogden/Margaret Wimberly/Damien Brower) C.5. REMOVED FROM THE CONSENT CALENDAR - An Informational Report on the City Manager's approval of Final Subdivision Map and Subdivision Improvement Agreement, and acceptance of Offers of Dedication for Subdivision No. 8982, Parkside Villas, developed by Richmond American Homes of Maryland, Inc. (Miki Tsubota/Heather Silfies)
C.6. Adopted Resolution 2022-40 accepting the work performed by Superior Tank Solutions, Inc. for the Reservoir Painting and Recoating, CIP Project No. 562-56398, for fiscal year 2021/22; and requesting the City Clerk to file a Notice of Completion with the County Recorder. (Miki Tsubota/Renee Payette/James Wolfe)
C.7. Adopted Resolution 2022-41 approving and authorizing the City Manager or designee to execute a Grant of Access Easement Deed to Contra Costa Flood Control and Water Conservation District for access to flood control facilities along and within Marsh Creek Channel. (Miki Tsubota/Allen Baquilar)
C.8. REMOVED FROM THE CONSENT CALENDAR A Resolution approving and authorizing the City Manager or designee to execute an Agreement for Design Services with CSG Consultants, Inc., in the amount of $1,137,124, plus a 10% contingency of $113,712.40, for a total not-to-exceed amount of $1,250,836.40, for the Lone Tree Way Roadway Improvements, CIP Project No. 336-31701. (Miki Tsubota/Renee Payette/Jigar Shah) C.9. Adopted Resolution 2022-42 approving and authorizing the City Manager or designee to execute an Agreement for Environmental Consultant Services with Raney Planning & Management, Inc., for preparation of an Initial Study/Mitigated Negative Declaration in the amount of $56,455, plus a 10% contingency of $5,645.50, for a total not-to-exceed amount of $62,100.50, for the Lone Tree Way Roadway Improvements, CIP Project No. 336-31701. (Miki Tsubota/Renee Payette/Jigar Shah)
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C.10. Adopted Resolution 2022-43 accepting the work performed by Park Planet for the Blue Goose Park Playground Replacement Project, CIP Project No. 352-52438 and requesting the City Clerk to file a Notice of Completion with the County Recorder. (Bruce Mulder/Aaron Wanden/Brian Johnson)
C.11. Resolutions approving the continued use of teleconferencing for meetings of (1) adopted Resolution 2022-44 of the City Council and all subsidiary City legislative bodies, (2) Resolution 2022-07-SA of the Successor Agency to the Brentwood Redevelopment Agency, and (3) Resolution BIFA-40 of the Brentwood Infrastructure Financing Authority, from April 12, 2022 through May 12, 2022, per AB 361 (2021) (Tim Ogden/Margaret Wimberly)
Items pulled from the Consent Calendar:
C.5. An Informational Report on the City Manager's approval of Final Subdivision Map and Subdivision Improvement Agreement, and acceptance of Offers of Dedication for Subdivision No. 8982, Parkside Villas, developed by Richmond American Homes of Maryland, Inc. (Miki Tsubota/Heather Silfies)
It was moved/seconded by Bryant/Rodriguez to accept the Informational Report on the City Manager's approval of Final Subdivision Map and Subdivision Improvement Agreement, and acceptance of Offers of Dedication for Subdivision No. 8982, Parkside Villas, developed by Richmond American Homes of Maryland, Inc. Roll call vote found Council Member Mendoza, Council Member Meyer, Vice Mayor Rodriguez, and Mayor Bryant in favor, and Council Member Rarey opposed.
RESULT: APPROVED 4/1/
MOVER: , Joel Bryant, Mayor
SECONDER:, Karen Council Member
AYES: Mendoza, Meyer, Rodriguez, Bryant
NOES: Rarey
C.8. A Resolution approving and authorizing the City Manager or designee to execute an Agreement for Design Services with CSG Consultants, Inc., in the amount of $1,137,124, plus a 10% contingency of $113,712.40, for a total not-to-exceed amount of $1,250,836.40, for the Lone Tree Way Roadway Improvements, CIP Project No. 336- 31701. (Miki Tsubota/Renee Payette/Jigar Shah)
It was moved/seconded by Mendoza/Meyer to adopt Resolution 2022-45 approving and authorizing the City Manager or designee to execute an Agreement for Design Services with CSG Consultants, Inc., in the amount of $1,137,124, plus a 10% contingency of $113,712.40, for a total not-to-exceed amount of $1,250,836.40, for the Lone Tree Way Roadway Improvements, CIP Project No. 336-31701. 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: , Jovita Mendoza, Council Member
SECONDER:, Karen Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
D. BUSINESS ITEMS
D.1. An Interim Urgency Ordinance Implementing a Moratorium on New Oil and Gas Development in the City of Brentwood, Pending a Study of the Effects of Such Activities and the City’s Long-Term Plan for Regulation (Tim Ogden/Damien Brower/Alexis Morris) Mayor Bryant opened the public comment period.
The following residents spoke in support of this agenda item, and included the importance of this item towards creating a safe and healthy environment for the residents of Brentwood: Rod Flohr, Danny Dohrmann, Alexi Lindeman, Ian Cohen, and Carolina Villaseca.
Marian Petren, resident, spoke regarding Ukraine refugees and felt the City of Brentwood needed to declare support for the people of Ukraine.
There being no one else wishing to speak, the public comment period was closed.
Three e-mails were received in support of the moratorium on New Oil and Gas Development: Dipera Rai and family, Ken Ervin, and Lucy and Sebastian Fontana.
It was moved/seconded by Mendoza/Rarey to adopt Interim Urgency Ordinance 1036 Implementing a Moratorium on New Oil and Gas Development in the City of Brentwood, Pending a Study of the Effects of Such Activities and the City’s Long-Term Plan for Regulation. 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
The City Council recessed from 9:04 p.m. to 9:09 p.m.
D.2. A Resolution of the City Council of the City of Brentwood to make a contribution of $10,000 to organizations that 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.
Rod Flohr, resident, spoke in support of Council Member Rarey and in support of the $10,000 donation to the organization.
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Dave Funk, Director of H.O.P.E. House, spoke regarding their services and the food provided to members of the community, and stated there is a need for food in the community.
Carolina Villaseca, resident, felt that funding is needed for organizations that provide services to the community, and stressed the importance of following procedures to ensure proper accounting.
There being no one else wishing to speak, the public comment period was closed.
It was moved/seconded by Rarey/Mendoza to adopt an amended Resolution 2022-46 to provide that a 15-day application period shall be opened and funding will be provided in the amount of $2,500 per eligible applicant on a first come, first serve basis, and if funding is left at the end of the 15-day period, an applicant may reapply. 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.3. Consider funding all or part of the estimated $200,000 John Marsh House Interpretive Center for the Operating Budget process to begin in May ( Tim Ogden) Mayor Bryant opened the public comment period.
Rod Flohr, resident, spoke in support of the item.
Sinziana Todor, resident, was supportive of the John Marsh House but questioned why the City was providing funding and who would be responsible for the maintenance and requested more details.
There being no one else wishing to speak, the public comment period was closed.
It was moved/seconded by Rodriguez/Meyer to refer consideration of this item to the Agricultural Enterprise Committee. Roll call vote found Council Member Mendoza, Council Member Meyer, Vice Mayor Rodriguez, and Mayor Bryant in favor, with Council Member Rarey abstaining.
RESULT: APPROVED [4/0/1]
MOVER: Johnny Rodriguez, Vice Mayor
SECONDER: Susannah Meyer, Council Member
AYES: Mendoza, Meyer, Rodriguez, Bryant
ABSTAIN: Rarey
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D.4. Consider for approval the revised Brentwood Neighborhood Committee’s duties, goals, and guidelines. (Bruce Mulder/Kris Farro)
Mayor Bryant opened the public comment period.
Rod Flohr, resident, felt that a Neighborhood Committee would be more useful to provide information on larger events.
There being no one else wishing to speak, the public comment period was closed.
It was moved/seconded by Meyer/Mendoza to approve the revised Brentwood Neighborhood Committee’s duties, goals, and guidelines. 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: Jovita Mendoza, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
E. REQUEST FOR FUTURE AGENDA ITEMS
E.1. NEW REQUEST(S)
Council Member Mendoza requested a future agenda item related to Council Members who serve on non-profits and the process for requests for items of value.
Council Member Meyer requested an item related to proclamations, when there isn’t a recipient to place them on the Consent Calendar and a proclamation related to support for those who have families in Ukraine, with social media posts on resources for Ukrainian refugees.
E.2. REQUESTED ITEMS
E.2.1. Future agenda item request from Council Member Meyer for City Council discussion of, and possible direction to staff regarding enhancements to the current noticing for projects, including looking at the types of noticed projects, notice distribution methods, and noticing distance requirements. (Tim Ogden/Margaret Wimberly) Mayor Bryant opened the public comment period.
Rod Flohr, resident, felt that anything that could be done to increase awareness of potential projects would be beneficial.
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 spend time and resources on direction to staff regarding enhancements to the current noticing for projects, including looking at the types of noticed projects, notice distribution methods to include: water bill inserts with a possible sticker on the envelope to alert residents of the notification, e-mails, and noticing distance requirements, providing cost estimates for various distances of 300 feet, 500 feet, and 1000 feet, and updating the APRIL 12, 2022
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website with notices, a website map with clickable project links. 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.2.2. Future agenda item request from Council Member Rarey for City Council discussion of, and possible direction to staff to amend the annual proclamation calendar to add March 21st of each year as World Down Syndrome Day (Tim Ogden/Margaret Wimberly)
Mayor Bryant opened the public comment period, there being no one wishing to speak, the public comment period was closed.
It was moved/seconded by Rarey/Mendoza to direct staff to include National Down Syndrome Day on March 21st of each year as World Down Syndrome Day. 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.2.3. Future agenda item request from Council Member Rarey for City Council discussion of, and possible direction to staff regarding a review of the services provided by Contra Costa Animal Services and possible outreach to east County cities to discuss bringing an alternate service provider to this area. (Tim Ogden/Margaret Wimberly) Mayor Bryant opened the public comment period.
Lisa Kirk, Contra Costa Society for Prevention of Cruelty to Animals, felt the Council needed more information related to the animal services and the services provided by the County, and felt there were ways to receive funding for the non-mandated services.
There being no one else wishing to speak, the public comment period was closed.
It was moved/seconded by Rarey/Meyer to direct staff to review the services provided by Contra Costa Animal Services, and return to the City Council with the draft agreement, and invite the Executive Director to be present to address the agreement. 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: Susannah Meyer, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
ADJOURNMENT
It was moved/seconded by Rarey/Mendoza to adjourn at 11:33 p.m. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor. Motion carried unanimous.