MAY 26, 2022
CITY COUNCIL/SUCCESSOR AGENCY/BIFA MINUTES
Pursuant to Section 54956 of the California Government Code, a special meeting of the City Council/Successor Agency of the City of Brentwood Redevelopment Agency (Successor Agency)/Brentwood Infrastructure and Financing Authority (BIFA) is hereby called for May 26, 2022 at 4:30 p.m. or as soon thereafter as possible.
CALL TO ORDER & 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
PLEDGE OF ALLEGIANCE
Mayor Bryant led the Pledge of Allegiance.
PUBLIC COMMENTS
Ian Cohen, resident, congratulated the newly appointed Youth Commissioners.
Danny Dorhmann, resident, spoke regarding first amendment rights, and requested the e-mails submitted for public comment be read aloud by staff, and felt it was important for the public to hear those comments.
A. CONSENT CALENDAR
Vice Mayor Bryant requested agenda item A.1 be removed from the Consent Calendar.
It was moved/seconded by Meyer/Rarey to approve Consent Calendar Items A.2 – A.12 and 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: Susannah Meyer, Council Member
SECONDER: Karen Rarey, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
A.1. PULLED FOR FURTHER DISCUSSION - Proclamation Proclaiming June 2022 as Pride Month.
A.2 Proclaimed June 2022 as Safety Month.
A.3. Adopted Resolution 2022-60 adopting the 2022/23 Proposition 4 Appropriations Limit using the change in State per capita income of 7.55% as the cost-of-living factor and the change in the City population factor of 0.18% to calculate the Limit. (Kerry Breen/Clarissa Domen/Sonia Agostini)
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A.4. Adopted Resolution 2022-61 approving and authorizing the City Manager or designee to execute Agreements for Professional Services with On-Call Civil/Structural Design Services, Geotechnical/Construction Materials Testing Services, and Survey and Related Services in a not-to-exceed amount of $100,000 per agreement for fiscal year 2022/23; and approving and authorizing the City Manager or designee to execute up to two additional one-year extensions for these agreements in a not-to-exceed amount of $100,000 per agreement, per fiscal year. (Miki Tsubota/Renee Payette/Jigar Shah) A.5. Adopted Resolution 2022-62 approving a fee waiver in the amount of $64,166 for fiscal year 2022/23 and $63,920 for fiscal year 2023/24 for the use of City facilities for the operation of the County Senior Nutrition Program (Café Costa). (Bruce Mulder/Kris Farro) A.6. Approved the Arts Commission recommendations to appoint Gianna Baldazo as the City of Brentwood’s Poet Laureate for a two year term beginning on June 1, 2022; and appoint Kati Short as Poet Laureate Emeritus. (Bruce Mulder/Kris Farro) A.7. Adopted Resolution 2022-63 approving and authorizing the City Manager or designee to execute a Memorandum of Understanding between the City of Brentwood and the Brentwood Senior Citizens Club, Inc. for running a wide variety of programs, activities, and services at City facilities and approving a fee waiver for fiscal years 2022/23 - 2024/25 not to exceed $98,311.13 per fiscal year. (Bruce Mulder/Kris Farro) A.8. Adopted Resolution 2022-64 approving actions pertaining to the City’s Landscape and Lighting Assessment Districts, 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. (Bruce Mulder/Aaron Wanden) A.9. Approved the appointment of new Commissioners to the City of Brentwood Youth Commission. (Bruce Mulder/Kris Farro)
A.10. Adopted Resolution 2022-65 amending City Council/Administrative Policy 110-04 Procedures for Ceremonial Documents related to the process for Proclamations. (Tim Ogden/Margaret Wimberly)
A.11. Resolutions approving the continued use of teleconferencing for meetings of (1) Adopted Resolution 2022-66 the City Council and all subsidiary City legislative bodies, (2) Adopted Resolution 2022-09-SA the Successor Agency to the Brentwood Redevelopment Agency, and (3) adopted Resolution BIFA-42 the Brentwood Infrastructure Financing Authority, from May 26, 2022 through June 25, 2022, per AB 361 (2021). (Tim Ogden/Margaret Wimberly)
A.12. Adopted Resolution 2022-67 approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a construction contract and necessary documents for the Pavement Management Program 2022 (Grind & Overlay), CIP Project No. 336-31699, with McGuire and Hester as the lowest responsible and responsive bidder, in the amount of $1,253,201.00, plus a 20% contingency of $250,640.20, for a total possible not-to-exceed contract amount of $1,503,841.20. (Miki Tsubota/Renee Payette/Aman Grewal)
Items pulled from the Consent Calendar:
A.1 Proclamation Proclaiming June 2022 as Pride Month.
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Council Member Rarey read the proclamation.
It was moved/seconded by Bryant/Rarey to approve the Proclamation Proclaiming June 2022 as Pride Month. 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
B. PUBLIC HEARINGS
B.1. TO BE CONTINUED TO JUNE 1, 2022: Call for Review of the Planning Commission's decision to approve a Conditional Use Permit amendment (CUP 08-31-A4) and Design Review (DR 21-009) application for the operation of Vineyard Academy Christian School, and the construction of a 3,260 square foot modular building for additional classrooms at The Rock Church, located at 1770 Adams Lane (APNs 016-040-009, 016-040-010, and 016-040-011). (Alexis Morris/Crystal De Castro)
Mayor Bryant opened the public comment period related to the continuation.
Danny Dorhmann, resident, questioned why the item needed to be continued.
There being no one else wishing to speak, Mayor Bryant closed the public comment period.
It was moved/seconded by Rarey/Mendoza to Continue to June 1, 2022, the Call for Review of the Planning Commission's decision to approve a Conditional Use Permit amendment (CUP 08-31-A4) and Design Review (DR 21-009) application for the operation of Vineyard Academy Christian School, and the construction of a 3,260 square foot modular building for additional classrooms at The Rock Church, located at 1770 Adams Lane (APNs 016-040-009, 016-040-010, and 016-040-011).
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
B.2. An Urgency Ordinance Extending, for an Additional Period of 10 Months and 15 Days, a Moratorium on New Oil and Gas Development in the City of Brentwood. (Tim Ogden/Damien Brower/Alexis Morris)
Mayor Bryant opened the public hearing.
Residents, Rod Flohr, Ian Cohen, and Alexi Lindeman spoke in support of the moratorium on Oil and Gas development in the City of Brentwood.
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There being no one else wishing to speak, it was moved/seconded by Mendoza/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 Mendoza/Rarey to adopt Urgency Ordinance 1039 Urgency Ordinance Extending, for an Additional Period of 10 Months and 15 Days, a Moratorium on New Oil and Gas Development in the City of Brentwood. 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
B.3. An Urgency Ordinance of the City Council of the City of Brentwood amending Title 15 (Buildings and Construction) Chapter 15.06 of the Brentwood Municipal Code to adopt by reference the 2019 Edition of the California Fire Code, California Code of Regulations, Title 24, Part 9, as amended by the County of Contra Costa, the Crockett-Carquinez Fire Protection District, and the Contra Costa County-Fire Protection District Ordinance 2019- 37, including Findings In Support Of Amendments to the 2019 California Building Standards Code, Title 24, Part 9, California Fire Code, and set a public hearing on June 14, 2022. (Alexis Morris)
Mayor Bryant opened the public hearing. There being no one wishing to speak, it was moved/seconded by Meyer/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 Rarey/Meyer to adopt Urgency Ordinance 1040 of the City Council of the City of Brentwood amending Title 15 (Buildings and Construction) Chapter
15.06 of the Brentwood Municipal Code to adopt by reference the 2019 Edition of the California Fire Code, California Code of Regulations, Title 24, Part 9, as amended by the County of Contra Costa, the Crockett-Carquinez Fire Protection District, and the Contra Costa County-Fire Protection District Ordinance 2019-37, including Findings In Support Of Amendments to the 2019 California Building Standards Code, Title 24, Part 9, California Fire Code, and set a public hearing on June 14, 2022. 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
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C. BUSINESS ITEMS
C.1 Direction to staff regarding the construction of duets, duplexes, triplexes or fourplexes for affordable units as an option for developers to meet the City’s affordable housing requirement, and include the City Council direction in the draft affordable housing ordinance. (Alexis Morris/Sylvia Elias)
Mayor Bryant opened the public comment period.
Rod Flohr, Resident, spoke in opposition to reduced lot sizes and increased density, and felt units should be constructed to allow pride in ownership.
Danny Dorhmann, resident, felt the proposed ordinance was developer friendly and felt staff should look for best practices in other cities.
Gary, resident, felt there was a need to develop more affordable housing which means a need to increase density and the number of units being constructed, and there needed to be smaller homes available for those that are downsizing.
There being no one else wishing to speak, the public comment period was closed.
It was moved/seconded by Bryant/Rarey to direct staff to; 1. Determine legal feasibility of removing by-right development of duets in very low, low, and medium density zoning districts (17.725.003). 2. Determine legal feasibility of adding requirements that the duets on corner lots have garages on separate streets (in context of 17.725.003 by rightduets). 3. Determine the feasibility of adding strong design requirements to ensure that affordable homes blend in with market rate homes in same subdivision, with this work to trail existing updating of affordable housing 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: Joel Bryant, Mayor
SECONDER: Karen Rarey, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
C.2. An update related to a Council-sponsored ballot initiative to protect open space, and recreational areas, as well as provide staff with recommendations and directions regarding a ballot initiative. (Tim Ogden/Darin Gale)
Mayor Bryant opened the public comment period.
Rod Flohr, resident, spoke in support of Option 3 and felt the language should include all golf courses, and felt the measure should be written as stringently as possible.
There being no one else wishing to speak, the public comment period was closed.
The Vice Mayor left the meeting at 6:12 p.m.
It was moved/seconded by Mendoza/Rarey to direct staff to proceed with Option 3 (Overlay option): Establishes a new General Plan overlay based upon current General MAY 26, 2022
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Plan language for Parks (P) and Permanent Open Space (P-OC). Land uses must be consistent with the overlay unless approved by a vote of the people. Roll Call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, and Mayor Bryant in favor and Vice Mayor Rodriguez absent.
RESULT: APPROVED [UNANIMOUS]
MOVER: Jovita Mendoza, Council Member
SECONDER: Karen Rarey, Council Member
AYES: Mendoza, Meyer, Rarey, Bryant
ABSENT: Rodriguez
ADJOURNMENT
It was moved/seconded by Rarey/Meyer to adjourn at 6:14 p.m. Roll Call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, and Mayor Bryant in favor and Vice Mayor Rodriguez absent.