JUNE 14, 2022
CITY COUNCIL/SUCCESSOR AGENCY/BIFA AGENDA
7:00 PM – CITY COUNCIL/SUCCESSOR AGENCY/BIFA MEETING
SELECTION OF MEETING CHAIR
Acting City Manager, Miki Tsubota, announced that due to the absence of the Mayor and the Vice Mayor pursuant to Council policy, it would be appropriate for the Council Members to select a member of the City Council to Chair the City Council meeting.
CALL TO ORDER
Council Member Rarey called the meeting to order at 7:04 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 Absent
Joel R. Bryant Mayor Absent
PLEDGE OF ALLEGIANCE
Council Member Rarey led the Pledge of Allegiance.
PUBLIC COMMENTS
Danny Dorhmann, resident, asked how agenda items are prioritized and placed on the agenda, and asked why the Mayor and Vice Mayor were absent.
Rod Flohr, resident, thanked the Council Members present for the job they do.
Sinziana Todor, resident, thanked Council for their work and consideration of the Vineyard Academy.
A. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS AND STAFF
Council Member Mendoza reported on attendance at the Contra Costa County meeting on Oil and Gas Drilling, an Initiative Call for Our Neighborhood Voices, a Vaccine Clinic, a presentation on mental health, a candidate forum for the Contra Costa District Attorney, the a call for Local Electeds, an Interagency meeting, a call with residents regarding Dolphin Park, the Contra Costa Mayors’ Conference, CalCities Roundtable, CalCities Housing Committee meeting, an electeds meeting on AB 2011, the Heritage High School graduation, and a California Electeds call regarding upcoming legislation.
Council Member Meyer reported on attendance at CalCities Leaders’ Summit, a meeting with Senator Glazer and his Chief of Staff, the Contra Costa Planning Commission meeting regarding a ban on Oil and Gas drilling, the California Electeds meeting, and spoke at the Opportunity Junction graduation ceremony, the League of California Cities Housing Element Workshop, the League of California Cities department officers meeting, and the League of California Cities officers debrief, the Heritage and Liberty High School graduations, and meetings regarding resources available to youth in East County.
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Council Member Rarey reported on attendance at the CalCites Leaders’ Summit, including sessions on Cities' Role in Modernizing California’s Behavioral Health Continuum, Planning for the Communities of Tomorrow: The Intersection of Land Use and State Climate Goals, Critical Communication Skills for City Leaders, Finding Successors – Finding Future Leaders in your City Staff, Build It, They Will Come: Creating an Excellent Workplace Culture, Stop Shoulding Yourself: Strategies for High Performers, the Darshana event in Brentwood, a meeting with the City Attorney, the John Marsh Historic trust meeting, and calls with residents regarding Dolphin Park, the East Contra Costa Fire Protection District Station 55 ribbon cutting, the Housing Element workshop, the PAL Board meeting, and the CalCities Public Safety Policy Committee meeting.
B. CONSENT CALENDAR
It was moved/seconded by Mendoza/Meyer to approve Consent Calendar Items B.1 – B.6 as recommended by staff. Roll Call vote found Council Member Mendoza, Council Member Meyer, and Council Member Rarey, in favor and Vice Mayor Rodriguez, and Mayor Bryant absent.
RESULT: APPROVED [3/0/2]
MOVER: Jovita Mendoza, Council Member
SECONDER: Susannah Meyer, Council Member
AYES: Mendoza, Meyer, Rarey
ABSENT: Rodriguez, Bryant
B.1. Adopted Resolution 2022-70 calling and giving notice of the holding of a general municipal election on Tuesday, November 8, 2022, for the election of one [1] Council Member in District 2, and one [1] Council Member in District 4, for four year terms; Adopted Resolution 2022-71 requesting the Board of Supervisors of the County of Contra Costa consolidate the election; and Adopted Resolution 2022-72 adopting Regulations for candidates for elective office pertaining to candidate statements submitted to the voters at the election. (Tim Ogden/Margaret Wimberly)
B.2. Adopted Resolution 2022-73 approving and authorizing the City Manager or designee to execute a contract for Janitorial Services with Universal Building Services and Supply Co. (UBS), for a two-year term commencing July 1, 2022, in the amount of $183,842 plus a contingency amount of $18,383, for a total not to exceed amount of $202,225; and authorizing the City Manager or designee, in consultation with the City Attorney, to approve necessary documents for the base proposal, extra work and extensions as appropriate. (Miki Tsubota/Casey Wichert/Scott Dempsey) B.3. Adopted Resolution 2022-74 approving and authorizing the City Manager or designee to execute a contract for Janitorial Services with Frank and Grossman Landscape Contractors, Inc., for a two-year term commencing July 1, 2022, in the amount of $410,568, plus a contingency amount of $41,056, for a total not to exceed amount of $451,624; and authorizing the City Manager or designee, in consultation with the City Attorney, to approve necessary documents for the base proposal, extra work and extensions as appropriate. (Miki Tsubota/Casey Wichert/Scott Dempsey) B.4. Adopted Resolution 2022-75 approving and adopting a List of Projects for submittal to the California Transportation Commission for Fiscal Year 2022/23 Funded by SB 1: The Road Repair and Accountability Act of 2017. (Miki Tsubota/Renee Payette/Jigar Shah) B.5. Adopted Resolution 2022-76 delegating annual management responsibility for the investment program to the City Treasurer for Fiscal Year 2022/23. (Kerry Breen/Clarissa Domen/Sonia Agostini)
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B.6. Resolutions approving the continued use of teleconferencing for meetings of (1) Adopted Resolution 2022-77 the City Council and all subsidiary City legislative bodies, (2) Adopted Resolution 2022-10-SA the Successor Agency to the Brentwood Redevelopment Agency, and (3) adopted Resolution BIFA-43 the Brentwood Infrastructure Financing Authority, from June 14, 2022 through July 14, 2022, per AB 361 (2021). (Tim Ogden/Margaret Wimberly)
C. PUBLIC HEARINGS
C.1. Continuance of the Second reading of Ordinance No. 1038 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 Contra Costa Fire Protection District Ordinance 2019-37, including Findings in Support Amendments to the 2019 California Building Standards Code, Title 24, Part 9, California Fire Code. (Alexis Morris
Council Member Rarey opened the public comment period, there being no one wishing to speak it was closed.
It was moved/seconded by Meyer/Mendoza to continue the public hearing for the Second reading of Ordinance No. 1038 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 Contra Costa Fire Protection District Ordinance 2019-37, including Findings in Support Amendments to the 2019 California Building Standards Code, Title 24, Part 9, California Fire Code to June 28, 2022. Roll Call vote found Council Member Mendoza, Council Member Meyer, and Council Member Rarey, in favor and Vice Mayor Rodriguez, and Mayor Bryant absent.
RESULT: APPROVED [3/0/2]
MOVER: Susannah Meyer, Council Member
SECONDER: Jovita Mendoza, Council Member
AYES: Mendoza, Meyer, Rarey
ABSENT: Rodriguez, Bryant
C.2. Opening and Continuation, until June 28, 2022, of a public hearing regarding 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)
Council Member Rarey opened the public hearing.
Rod, resident, thanked staff for their work on the Deer Ridge lighting and landscape district.
It was moved/seconded by Mendoza/Meyer to continue the Public Hearing, until June 28, 2022, of a public hearing regarding 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. Roll Call vote found Council Member Mendoza, Council Member Meyer, and Council Member Rarey, in favor and Vice Mayor Rodriguez, and Mayor Bryant absent.
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RESULT: APPROVED [3/0/2]
MOVER: Jovita Mendoza, Council Member
SECONDER: Susannah Meyer, Council Member
AYES: Mendoza, Meyer, Rarey
ABSENT: Rodriguez, Bryant
C.3. A Resolution amending the City of Brentwood 2021/22 Cost Allocation Plan and Schedule of City Fees related to the timing of Consumer Price Index adjustments; and revisions to Parks and Recreation fees; and finding that the proposed amendments do not constitute a project for the purposes of the California Environmental Quality Act. (Bruce Mulder/Ben Keisic)
Council Member Rarey opened the public hearing. There being no one 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, and Council Member Rarey, in favor and Vice Mayor Rodriguez, and Mayor Bryant absent.
It was moved/seconded by Meyer/Mendoza to adopt Resolution 2022-78 amending the City of Brentwood 2021/22 Cost Allocation Plan and Schedule of City Fees related to the timing of Consumer Price Index adjustments; and revisions to Parks and Recreation fees; and finding that the proposed amendments do not constitute a project for the purposes of the California Environmental Quality Act. Roll Call vote found Council Member Mendoza, Council Member Meyer, and Council Member Rarey, in favor and Vice Mayor Rodriguez, and Mayor Bryant absent.
RESULT: APPROVED [3/0/2]
MOVER: Susannah Meyer, Council Member
SECONDER: Jovita Mendoza, Council Member
AYES: Mendoza, Meyer, Rarey
ABSENT: Rodriguez, Bryant
D. BUSINESS ITEMS
D.1. Receive information regarding services provided by Contra Costa County Animal Services; and consider the adoption of a resolution approving and authorizing the City Manager or designee to execute a City-County Animal Services Agreement with a FY 2022/23 cost of $526,794. (Thomas Hansen/Doug Silva)
Council Member opened the public comment period, there being no one wishing to speak, the public comment period was closed.
It was moved/seconded by Mendoza/Meyer to adopt Resolution 2022-79 approving and authorizing the City Manager or designee to execute a City-County Animal Services Agreement with a FY 2022/23 cost of $526,794. Roll Call vote found Council Member Mendoza, Council Member Meyer, and Council Member Rarey, in favor and Vice Mayor Rodriguez, and Mayor Bryant absent.
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RESULT: APPROVED [3/0/2]
MOVER: Jovita Mendoza, Council Member
SECONDER: Susannah Meyer, Council Member
AYES: Mendoza, Meyer, Rarey
ABSENT: Rodriguez, Bryant
D.2. A Resolution approving the Information Technology Master Plan. (Kerry Breen/Mike Baria)
Council Member Rarey opened the public comment period.
Danny Dohrmann, resident, felt like the report was to catch up on items, but felt there needed to be discussion on future tech preparation.
Rod Flohr, resident, spoke regarding a need for improved video feeds of the City Council meeting, and spoke regarding needed improvements for the website.
Antonio Xavier, resident, spoke regarding needed tools for transparency in government.
There being no one else wishing to speak, the public comment period was closed.
It was moved/seconded by Mendoza/Meyer to continue consideration of the Information Technology Master Plan to a date uncertain. Roll Call vote found Council Member Mendoza, Council Member Meyer, and Council Member Rarey, in favor and Vice Mayor Rodriguez, and Mayor Bryant absent.
RESULT: APPROVED [3/0/2]
MOVER: Jovita Mendoza, Council Member
SECONDER: Susannah Meyer, Council Member
AYES: Mendoza, Meyer, Rarey
ABSENT: Rodriguez, Bryant
D.3. Review draft language and maps related to a proposed Council-sponsored ballot initiative to protect open space and recreational areas, and provide staff with recommendations and direction regarding the proposed ballot initiative. (Tim Ogden/Darin Gale) Council Member Rarey opened the public comment period.
Rod Flohr, resident, spoke in support of the potential measure and asked how the City will be prepared for any future changes to State legislation.
Wayne Francis, resident, spoke in support of the potential measure, and requested a sunset measure be added.
Antonio Xavier, resident, spoke regarding e-mailed comments on the issue and felt that some outreach and educational materials would assist in answering questions voters may have.
There being no one else wishing to speak, the public comment period was closed.
It was moved/seconded by Mendoza/Meyer to provide the following direction to staff for preparation of the ballot initiative:
Overlay concept language:
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Lands designated as Voter-Protected Open Space may only be used for open space, parks, agricultural, and recreational uses. This designation includes existing and future parks, open space areas, and recreation facilities of varying size, function, and location that are intended to serve the entire community.
Proposed exceptions:
1. Confirm existing exceptions for public facilities, roads, and infrastructure such as public water, wastewater, storm drain, and water recycling
2. Any development that may be required to be accommodated per SB 330
3. Legal counsel to bring back information on whether additional public facilities should be included in exceptions
Proposed overlay location (General Plan land use designations):
1. Large Semi-Public Facility areas currently developed with recreational uses and/or community open space (as shown on maps provided with 6/14/22 agenda)
2. Parks – all sizes
3. Permanent Open Space areas
4. Investigate General Plan land use designation of linear park on Grant Street for potential inclusion
Sunset date: 40 years
Roll Call vote found Council Member Mendoza, Council Member Meyer, and Council Member Rarey, in favor and Vice Mayor Rodriguez, and Mayor Bryant absent.
RESULT: APPROVED [3/0/2]
MOVER: Jovita Mendoza, Council Member
SECONDER: Susannah Meyer, Council Member
AYES: Mendoza, Meyer, Rarey
ABSENT: Rodriguez, Bryant
D.4. A Resolution Approving and Authorizing the Mayor to execute the Third Amendment to the January 28, 2020 Amended Employment Agreement between the City of Brentwood and City Manager Tim Ogden. (Sukari Beshears)
Council Member Rarey opened the public comment period, there being no one wishing to speak, the public comment period was closed.
It was moved/seconded by Mendoza/Meyer to adopt Resolution 2022-80 Approving and Authorizing the Mayor to execute the Third Amendment to the January 28, 2020 Amended Employment Agreement between the City of Brentwood and Tim Ogden.
Roll Call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, in favor and Vice Mayor Rodriguez, and Mayor Bryant absent.
RESULT: APPROVED [3/0/2]
MOVER: Jovita Mendoza, Council Member
SECONDER: Susannah Meyer, Council Member
AYES: Mendoza, Meyer, Rarey
ABSENT: Rodriguez, Bryant
E. REQUEST FOR FUTURE AGENDA ITEMS
E.1. NEW REQUEST(S)
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Council Member Meyer requested a future agenda item related to the creation of an adhoc committee to review services provided to youth and identify potential gaps in resources and services.
Council Member Rarey requested a review and potential updates to City Council compensation.
E.2. REQUESTED ITEMS
E.2.1 Future agenda item request from Council Members Rarey and Mendoza for City Council discussion of, and possible direction to staff, related to campaign finance limits and reforms. (Tim Ogden/Margaret Wimberly)
Council Member Rarey opened the public comment period.
Rod Flohr, resident, spoke in support of campaign contribution limits with a limit of $500 per election cycle.
Antonio Xavier, resident, spoke in support of campaign contribution limits and limiting the donations to a campaign cycle.
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 an Urgency Ordinance, if feasible, and a non-urgency Ordinance implementing limits on contributions, received during the campaign year, of $500 from individuals, and to examine limits on PAC contributions. Roll Call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, in favor and Vice Mayor Rodriguez, and Mayor Bryant absent.
RESULT: APPROVED [3/0/2]
MOVER: Karen Rarey, Council Member
SECONDER: Jovita Mendoza, Council Member
AYES: Mendoza, Meyer, Rarey
ABSENT: Rodriguez, Bryant
ADJOURNMENT
It was moved/seconded by Meyer/Mendoza to adjourn at 10:52 p.m. Roll Call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey in favor and Vice Mayor Rodriguez, and Mayor Bryant absent.