APRIL 26, 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 26, 2022 at 5:31 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 5:31 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
PUBLIC COMMENT
None.
RECESS TO CLOSED SESSION
It was moved/seconded by Rarey/Mendoza to recess to closed session. Roll Call found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez and Mayor Bryant in favor, motion carried unanimous.
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
[Gov’t. Code §54956.8]
Property: 101 Sand Creek Road, Brentwood, CA 94513
APN 016-110-031
Negotiating Parties: 1. DTB Ventures, LLC
Michael S. Pierson
2. Golden State Orthopedics & Spine
John Kronick
3. LRG Investors, LLC
Ryan M. Nickelson
4. Saboo Inc.
Toheed Asghar
5. Sean McCauley Investments
Sean McCauley
City Negotiators:
Tim Ogden, City Manager
Darin Gale, Assistant City Manager
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Ricardo Noguera, Economic Development Manager
Joshua Ewen, Senior Analyst
Under Negotiation: Price and Terms of Payment
ADJOURN CITY COUNCIL
It was moved/seconded by Rarey/Mendoza 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
Mayor Bryant called the meeting to order at 7:00 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
Carolina Villaseca, resident, requested item C.12 be removed from the consent calendar so additional information could be shared about the work of the company.
Scott Richards, resident, spoke regarding an incident in which his dog was attacked in his yard by another dog that was off leash, and requested an item be added to the agenda to discuss the expansion of his property line through the purchase of open space and an item related to the health and safety of residents.
Danny Dorhmann, resident, spoke in opposition to Blue Bird Village.
Sinziana Todor, resident, expressed concern over the Planning Commission meetings and felt that training may be needed, and spoke regarding the Orchard Grove project which will be considered by the Planning Commission.
Rod Flohr, resident, expressed concern regarding the Planning Commission members and felt there was a violation of the Ralph M. Brown Act, he spoke further regarding the request by the resident to purchase open space and expand his property, and spoke in opposition of the request.
Marisol Valles, resident, spoke in opposition to the request by the resident to expand his property and felt strongly that the land needed to remain open space.
Keith and Julie Schafer, residents, spoke regarding the Orchard Grove project and felt it was important to maintain a rural feeling to the neighborhood.
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Antonio Xavier, resident, spoke regarding the Planning Commission and felt that those serving the City needed to be held to a higher standard.
Serena Stambuk, resident, spoke regarding Deer Ridge and asked why property owners could not purchase open space and expand their lots, and felt their voices should be heard.
Anna Zaichenko, Consulate of Ukraine in San Francisco, spoke in support of Item A.1, and spoke regarding support for the people of Ukraine.
Marian Petren, resident, spoke in support of agenda Item A.1 and spoke in support of Ukraine and the Ukrainian people, and felt the City should have a sunflower festival in support of Ukraine.
Public Comments were received via e-mail from the following:
Robert Shelton, World Business Academy, stating his willingness to continue to work with the City to explore solutions for a long-term sustainable use of the Deer Ridge golf course property.
Victoria Sandberg and Alina, submitted e-mails stating support for agenda Item A.1 and supporting Ukraine.
Victoria Sandberg, resident, submitted an e-mail in support of agenda item C.11 and thanked staff for their work on the project.
A. PRESENTATIONS
A.1 Proclamation proclaiming support for Ukraine and its citizens. Mayor Bryant read the proclamation and presented it to Vitali Nazarov, a Brentwood resident, and Ukrainian immigrant.
B. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS AND STAFF
Council Member Meyer reported on attendance at a Cal Cities Mayor and Council Member Roundtable, the Joint City Council/Planning Commission Housing Element Workshop, the Miles for Mayo 5K, the Cal Cities Senior Centers and Resources Round Table, a local elected’s planning meeting for the Cal Cities Summit, and spoke with an East County resident about holding a Juneteenth event in Brentwood.
Council Member Mendoza reported on attendance at the Mayor’s and Council Member’s roundtable, the Joint City Council/Planning Commission Housing Element Workshop, the CIP Workshop, the Land Use Development Committee meeting, the East Bay Leadership Water and Environment Task Force, the Miles for Mayo 5K, spoke to eighth grade girls as a panelist for the Empowerment Project, the California Alliance for Elected Officials call, and the Cal Cities roundtable.
Council Member Rarey reported on attendance at the Joint City Council/Planning Commission Housing Element Workshop, the John Marsh Historic Trust Board meeting, the Miles for Mayo 5K, the Land Use and Development subcommittee meeting, a PAL meeting, the East Contra Costa Fire Protection District State of the District Meeting, the City Council Close Session meeting, the PAL Anne Wangeman Memorial Golf Tournament, Vice Mayor Rodriguez stated he had nothing to report.
Mayor Bryant reported on the attendance at the Airport Land Use Commission meeting, the PAL Anne Wangeman Memorial Golf Tournament, the Liberty Union High School District Graduates of APRIL 26, 2022
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Distinction awards ceremony, Joint City Council/Planning Commission Housing Element Workshop, and 2 days with a local nonprofit that deals with at risk youth out camping in the desert.
C. CONSENT CALENDAR
Council Member Mendoza requested agenda item C.12 be pulled from the Consent Calendar.
Council Member Rarey requested agenda item C.15 be pulled from the Consent Calendar.
It was moved/seconded by Mendoza/Rarey to approve Consent Calendar Items C.1 – C.11, C.13 – C.14 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: Jovita Mendoza , Council Member
SECONDER: Karen Rarey, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
C.1. Proclamation proclaiming April 30, 2022, as Arbor Day.
C.2. Proclamation proclaiming May 1 – 7, 2022, as Professional Municipal Clerks Week.
C.3. Proclamation proclaiming May 2022 as Older Americans Month C.4. Proclamation proclaiming May 2022 as Asian/Pacific American Heritage Month.
C.5. Proclamation proclaiming May 2022, as Bike Month.
C.6. Approved Minutes of the Special City Council meeting of March 3, 2022, and April 20, 2022, Minutes of the Special City Council/Planning Commission workshops of February 23, 2022 and April 14, 2022; Minutes of the City Council/Successor Agency/Brentwood Infrastructure Financing Authority of February 8, 2022, February 22, 2022, March 8, 2022, March 22, 2022, and April 12, 2022. (Margaret Wimberly) C.7. Adopted Resolution 2022-47 approving and authorizing the City Engineer or designee to execute a Quitclaim to Silvergate Communities, LP, a California Limited Partnership, for a slope easement along O’Hara Avenue that is no longer needed due to O’Hara Avenue improvements. (Miki Tsubota/Debra Galey)
C.8. Adopted Resolution 2022-48 accepting the work performed by Teichert Construction for the Downtown Alley Rehabilitation – Diablo Way, CIP Project No. 562-56401; and requesting the City Clerk to file a Notice of Completion with the County Recorder. (Miki Tsubota/Renee Payette/Aman Grewal)
C.9. Adopted Resolution 2022-49 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 $416,922 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 (CIP) and the 2021/22 Operating Budget to allow for the funding transfers. (Bruce Mulder/Aaron Wanden/Brian Johnson)
C.10. Adopted Resolution 2022-50 approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a construction contract and APRIL 26, 2022
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necessary documents for the Pavement Management Program 2022 (Concrete Repairs), Capital Improvement Program ("CIP") Project No. 336-31699, with TNB Contractors, Inc., as the lowest responsible and responsive bidder, in the amount of $167,900, plus a 15% contingency of $25,185, for a total not to exceed amount of $193,085. (Miki Tsubota/Renee Payette/Aman Grewal)
C.11. Adopted Resolution 2022-51 approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a construction contract and necessary documents for the Deer Ridge Frontage Landscaping Improvements Project, CIP No. 352-52440 with Clear Cut Landscaping, Inc. in the amount of $948,593, plus a 10% contingency of $94,860, for a total not to exceed amount of $1,043,453, and amending the FY 2021/22 – 2025/26 Capital Improvement Program and the 2021/22 Operating Budget for the associated project funding transfers. (Bruce Mulder/Joe Odrzywolski)
C.12. PULLED FROM CONSENT CALENDAR: a Resolution approving and authorizing the City Manager or designee to execute Amendment No. 1 to the Professional Services Agreement with Dualhare, Inc., DBA Weblative Marketing & Media for Community Relations Services to increase it by $25,000 for Fiscal Year 2021/22, for a Total Not to Exceed Agreement Amount of $75,000 (Tim Ogden/Joshua Ewen/Darin Gale) C.13. Adopted Resolution 2022-52 approving the purchase and installation of playground equipment for Sunset Park, and authorizing the City Manager or his designee to execute a contract in the amount of $335,761 with Park Planet through an OMNIA Cooperative Purchasing Agreement for Sunset Park Playground Replacement, Capital Improvement Program ("CIP") Project No. 352-52437 and amending the FY 2021/22 – 2025/26 CIP and the 2021/22 Operating Budget. (Bruce Mulder/Aaron Wanden/Brian Johnson) C.14. Adopted Resolution 2022-53 approving and authorizing the City Manager or designee to execute an amendment to the agreement for the disposal of biosolids services with Potrero Hills Landfill, Inc., a subsidiary of Waste Connections, Inc., in the amount of $100,000 for a total not to exceed agreement amount of $150,000; and to execute a second amendment to the agreement for hauling of biosolids services with Lone Tree Trucking, Inc., in the amount of $30,000 for a total not to exceed agreement amount of $405,000. (Miki Tsubota/Casey Wichert/Philip McKinney)
C.15. PULLED FROM CONSENT CALENDAR: A Resolution approving the recommendation of the Park and Recreation Commission to assign the name “Trailside Park” to the park that will be constructed on Parcel ‘A’ of the Seasons at Parkside project (Subdivision 8982). (Bruce Mulder/Joe Odrzywolski)
ITEMS PULLED FROM THE CONSENT CALENDAR:
C.12 A Resolution approving and authorizing the City Manager or designee to execute Amendment No. 1 to the Professional Services Agreement with Dualhare, Inc., DBA Weblative Marketing & Media for Community Relations Services to increase it by $25,000 for Fiscal Year 2021/22, for a Total Not to Exceed Agreement Amount of $75,000 (Tim Ogden/Joshua Ewen/Darin Gale)
It was moved/seconded by Rarey/Rodriguez to adopt Resolution 2022-54 approving and authorizing the City Manager or designee to execute Amendment No. 1 to the Professional Services Agreement with Dualhare, Inc., DBA Weblative Marketing & Media for Community Relations Services to increase it by $25,000 for Fiscal Year 2021/22, for a Total Not to Exceed Agreement Amount of $75,000. Roll call vote found Council Member APRIL 26, 2022
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Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.
RESULT: APPROVED [4/1]
MOVER: Karen Rarey, Council Member
SECONDER: Johnny Rodriguez, Vice Mayor
AYES: Meyer, Rarey, Rodriguez, Bryant
NOES: Mendoza
C.15. A Resolution approving the recommendation of the Park and Recreation Commission to assign the name “Trailside Park” to the park that will be constructed on Parcel ‘A’ of the Seasons at Parkside project (Subdivision 8982). (Bruce Mulder/Joe Odrzywolski) Adopted Resolution 2022-55 approving the name “Trailview Park” to the park that will be constructed on Parcel ‘A’ of the Seasons at Parkside project (Subdivision 8982).
It was moved/seconded by Rarey/Mendoza adopted Resolution 2022-55 approving the name “Trailview Park” to the park that will be constructed on Parcel ‘A’ of the Seasons at Parkside project (Subdivision 8982). Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor; and Council Members Meyer and Vice Mayor Rodriguez opposed.
RESULT: APPROVED [3/2]
MOVER: Karen Rarey, Council Member
SECONDER: Jovita Mendoza, Council Member
AYES: Mendoza, Rarey, Bryant
NOES: Meyer, Rodriguez
D. PUBLIC HEARINGS
Persons addressing the City Council/Successor Agency are asked to use the Raise Your Hand feature in Zoom. The Council may adopt reasonable regulations at the onset of the public hearing to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the public hearing shall follow the protocol for Public Comments.
D.1. Consideration of a Resolution Amending the FY 2021/22 Cost Allocation Plan and Schedule of City Fees to Update Mitigation Fees Implementing the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP), and Repealing and Replacing Resolution No. 2007-234, Which Adopted the HCP/NCCP Fees as Established in 2007. (Alexis Morris/Erik Nolthenius) Mayor Bryant opened the public hearing period. There being no one wishing to speak, it was moved/seconded by Mendoza/Rarey 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 adopt Resolution 2022-56 amending the FY 2021/22 Cost Allocation Plan and Schedule of City Fees to Update Mitigation Fees Implementing the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP), and Repealing and Replacing Resolution No. 2007-234, Which Adopted the HCP/NCCP Fees as Established in 2007. 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: Susannah Meyer, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
D.2. Introduction and Waive First Reading of an Ordinance Adopting a Military Use Policy Per AB 481 (Thomas Hansen/Tim Herbert)
Mayor Bryant opened the public hearing period.
Carolina Villaseca, resident, spoke regarding the need for military grade equipment and spoke regarding privacy issues related to the use of drones.
Ben Kellogg, resident, asked why this ordinance was needed, and questioned the need for military grade equipment.
There being no one else wishing to speak, it was moved/seconded by Rarey/Meyer 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 Rarey/Meyer to waive the first reading of Ordinance 1037 approving the Brentwood Police Department Policy 708, Military Equipment Funding Acquisition, and Use.
The City Clerk read the title of the proposed 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: Karen Rarey, Council Member
SECONDER: Susannah Meyer, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
E. BUSINESS ITEMS
E.1. Continued discussion regarding requested information related to the affordable housing inclusionary obligation, in-lieu fees, HOA dues, and State density bonus requirements, and requesting 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.
Rod Flohr, resident, thanked the City Council for considering it, and spoke regarding the need for inclusionary affordable housing.
Carolina Villaseca, resident, spoke in support of the agenda item and the need for inclusionary affordable housing.
There being no one else wishing to speak, the public comment period was closed.
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It was moved/seconded by Rarey/Mendoza to direct staff as follows: staff will draft a revised ordinance and bring it to the Planning Commission for a recommendation and then to City Council for consideration. Potential changes to the regulations related to duets were discussed but specific direction was not provided due to it not being planned to be on the agenda. In the interest of time, staff will include edits to the duet provisions in the Affordable Housing Ordinance that we feel are consistent with the Council discussion and Council can consider them when the entire ordinance is brought for consideration.
Summary motion included below:
Take no further action on HOA subsidies
Take no action on a feasibility study
For housing developments of 9 housing units and fewer, developers will have an option to pay a fee in lieu of constructing the required units, with the final decision being up to Council. Developments of ten or more units would not be allowed to pay a fee in lieu of construction.
For both ownership and rental projects, the inclusionary requirement shall be:
Income level Requirement
Very Low 3%
Low 4%
Moderate 6%
Return to City Council with further consideration of whether duets should be allowed to satisfy the affordable housing obligation.
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
Council recessed at 10:30 p.m and reconvened at 10:35 p.m.
E.2 Provide the City Council with requested information related to a ballot initiative to protect open space, parks and other properties, as well as provide staff with recommendations and directions regarding a ballot initiative. (Tim Ogden/Darin Gale) Mayor Bryant opened the public comment period.
Serena Stambuk, resident, felt the property owners adjacent to Deer Ridge should have more say in the matter related to lot line adjustments, and asked consideration to be given to that issue.
Rod Flohr, resident, thanked the City Manager and staff for their work on this issue, and spoke in support of moving forward with an initiative, and felt that voter approval is an important part of any process.
Antonio Xavier, resident, thanked staff and spoke in support of option 2 or option 3.
There being no one else wishing to speak, the public comment period was closed.
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It was moved/seconded by Meyer/Rarey to provide direction to staff to move forward with options 2 and 3 as outlined in the staff report, for planned inclusion on the November 6, 2022 ballot. 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
F. REQUEST FOR FUTURE AGENDA ITEMS
F.1. NEW REQUEST(S)
Council Members wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for the next Council meeting.
Council Member Mendoza requested a future item related to potential training for members of the Planning Commission.
F.2. REQUESTED ITEMS
F.2.1. Future agenda item request from Council Member Mendoza for City Council discussion of, and possible direction to staff, related to a policy and procedures for requests from Council Members or organizations they are involved with for grants, partnerships, and requests for anything of value from the City. (Tim Ogden/Margaret Wimberly)
Mayor Bryant opened the public comment period. There being no one else wishing to speak, the public comment period was closed.
It was moved/seconded by Mendoza/Meyer to direct staff to spend time on a new or amended policy that precludes Council Members, their partners, or significant others, etc. from applying for grants, fee waivers, or anything of value if it's for their employer, or they sit on a board of any organization. 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
F.2.2. Future agenda item request from Council Member Meyer for City Council discussion of, and possible direction to staff, related to clarified procedures for proclamations, including their placement on the agenda when a recipient is not present to accept them. (Tim Ogden/Margaret Wimberly)
Mayor Bryant opened the public comment period. There being no one else wishing to speak, the public comment period was closed.
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It was moved/seconded by Meyer/Mendoza to direct staff to prepare a policy where proclamations be placed on the Consent Calendar, unless a proclamation was made through a special request, or if a Council Member would like to recognize someone specifically, then those proclamations could be placed under Presentations, and in the event a recipient is present, the item could be pulled from the Consent Calendar, with the possible appropriate use of social media to inform the public. 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
ADJOURNMENT
It was moved/seconded by Rarey/Mendoza to adjourn at 11:51 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.