JUNE 28, 2022
CITY COUNCIL/SUCCESSOR AGENCY MINUTES
7:00 PM – CITY COUNCIL/SUCCESSOR AGENCY MEETING
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
Carolina Villaseca, resident, spoke regarding agenda Item C.2 and requested additional information regarding the purchasing process, and requested information on agenda item C.3.
Rod Flohr, resident, spoke regarding the work of the redistricting commission and commended them on their work.
Sinziana Todor, resident, spoke regarding PA-1 and asked why changes were being made to the current plan, and questioned the need for surveys and information gathering efforts and felt it was important to get PA-1 built.
Danny Dohrmann, resident, felt there needed to be accountability for Council Members who are absent.
He spoke regarding the scheduling of agenda items, and spoke regarding the drought, proposed projects and pending legislation.
Steve Smith, Board Member East Contra Costa Fire Protection District, thanked the City Council and staff for their support of ECCFPD. il
Brian Oftedal, sent an e-mail regarding agenda item A.3 and thanked Council for the recognition of East Contra Fire Protection District Board. .
A. PRESENTATIONS
A.1 Recognition of the Redistricting Commission. – Mayor Bryant and the City Council thanked the Members of the Redistricting Commission Shannon Roberts, Jon Wilson, Michael Luker, Jennifer Anderson and Sandra Myers, and thanked the alternates: Kerri Fritsch, Ellen Poole, Albert (Al) Del Grande, and Larry Becker.
A.2 State of the East Contra Costa Fire Protection District from Chief Brian Helmick. Chief Helmick, of the East Contra Costa Fire Protection District provided a PowerPoint of the State of the District and thanked staff and Council for their support.
A.3. Recognition of the East Contra Costa Fire Protection District – Mayor Bryant called on the Members of the East Contra Costa Fire Protection District Board and Chief Helmick an presented them each with a plaque recognizing their service to the community.
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B. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS AND STAFF
Council Member Mendoza reported on attendance at a Community meeting in District 2, the ABAG meeting, the Juneteenth celebration, two meetings of the California Alliance of Local Electeds, requested staff send a letter opposing AB 2881, met with Bay Area Silicon Valley related to affordable housing, met with a team regarding Prop 13, and participated in a statewide call on Livable California.
Council Member Meyer reported on attendance at a meeting with the Park and Recreation Director, the Police Chief and officials from the City of Oakley related to youth services, a meet and greet with Trilogy residents, the Juneteenth event, virtual Senate and Housing meetings, the Deer Ridge fire safety meeting, a meeting with the Contra Costa Los Medanos College Board member, and the Delta Counties Coalition meeting.
Council Member Rarey reported on attendance at the Juneteenth event, a meeting with East Bay Regional Parks regarding Marsh Creek State Park, the Deer Ridge Fire safety meeting, worked with John Marsh Historic Trust on a flyer for a hike, and a meeting with a resident regarding Orchard Grove project.
Johnny Rodriguez had nothing to report, and commended staff at the community center for the work they do.
Mayor Bryant reported on attendance for a call with the California Insurance Commissioner, a meeting with the local AARP, the PADA unveiling of their mural, the Contra Costa Grand Jury training class, led a field trip of third graders, the Airport Land Use meeting, the East Contra Costa Habitat Conservancy meeting, and BART, TRANSPLAN, Tri Delta Transit and ECCCRFFA meetings.
C. CONSENT CALENDAR
It was moved/seconded by Mendoza/Meyer to approve Consent Calendar Items C.1 – C.6 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: Susannah Meyer, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
C.1. Adopted Resolution 2022-81 recognizing the completion of service by the 2021/22 Redistricting Commission. (Tim Ogden/Margaret Wimberly/Damien Brower) C.2. Adopted joint Resolution 2022-82 and 2022-11-SA of the City Council of the City of Brentwood and the Governing Board of the Successor Agency to the Redevelopment Agency of the City of Brentwood approving and authorizing the City Manager or City Attorney and Executive Director or General Counsel as appropriate, to execute certain Purchase Orders, Change Orders and/or Agreements for ongoing and/or recurring purchases with vendors that have anticipated spending over $50,000 for FY 2022/23, after approval as to form by the City Attorney or General Counsel. (Kerry Breen/Wilton Alderman)
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C.3. Adopted Resolution 2022-12 of the Successor Agency to the City of Brentwood Redevelopment Agency, adopting the 2022/23 - 2023/24 Operating Budget for the former Brentwood Redevelopment Agency Funds now administered by the Successor Agency; and amending the 2021/22 Operating Budget for the former Brentwood Redevelopment Agency Funds now administered by the Successor Agency. (Kerry Breen/Rachel Corona) C.4. Adopted Resolution 2022-83 approving a fee waiver in an amount not to exceed $10,000 for fiscal year 2022/23 for the use of the Brentwood Education and Technology Center for the operation of Delta Community Services, Inc. programs and services. (Bruce Mulder/Ben Keisic)
C.5. Accepted an Informational Report on the City Manager's approval of Final Subdivision Map, Subdivision Improvement Agreement, and acceptance of Offers of Dedication for Subdivision No. 8446, St. James Court, developed by D. Bailey Neff and Linda Lamb Neff. (Miki Tsubota/Heather Silfies)
C.6. Adopted Resolution 2022-84 authorizing the City Manager, or designee, to send a request, on behalf of the City of Brentwood as the project sponsor for the portion of the Sand Creek Road Extension Project located within Brentwood, to the East Contra Costa Regional Fee and Financing Authority to approve that Project as the next priority Project after the James Donlon Extension Project. (Jack Dhaliwal/Renee Payette) D. PUBLIC HEARINGS
Mayor Bryant announced his employer leases space from Rock Church which is located close to the project site, and while he does not believe that the Council decision on this proposed project will have any impact on his financial interest, including his income, he was recusing himself from the consideration of agenda item D.1 in an abundance of caution. He then left the meeting at 8:12 p.m.
D.1. An application for a vesting tentative subdivision map (Orchard Grove) (VTSM 9435) to create 51 residential lots, one bio-retention basin, and other related improvements. The project also includes a density bonus resulting in an overall project density of 3.03 units per acre and a design review (DR 20-003) for the homes to be constructed on the 51 lots (including 45 single-family detached homes and six affordable duets). The project is located east of Adams Lane, directly north of the intersection of Lone Oak Road and Gracie Lane. (Alexis Morris/Crystal De Castro)
The City Council took a five-minute recess from 9:23 p.m. to 9:28 p.m.
Vice Mayor Rodriguez opened the public hearing.
David Best, applicant, spoke in support of the project and regarding concessions that had been made related to Gracie Lane and the positioning of the homes.
The following speakers spoke in opposition to the project, Keith Schaefer, Rod Flohr, Danny Dohrmann, Sinziana Todor, Elood, Jorge Freitas, Carolina Villaseca, Tom Guenette, Nathan Smith, Marisol Valles, Ian, Daniel, Julie Schaefer.
The applicant and the applicants legal council Christian Cebrian provided additional remarks.
E-mails were received from Bill and Lisa Grady, Cornel Todor, Daniel Mathat, Jenn Garcia, Jorge Freitas, Josh Waldron, Keith Schaefer, Sinziana Todor, Robert and Carrie JUNE 28, 2022
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Juracich and Veronica Haendel, in opposition to the Orchard Grove project as it is currently proposed.
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, in favor, and Mayor Bryant recused.
It was moved/seconded by Mendoza/Rarey to continue the item to a date uncertain and referred the item to the Land Use and Development subcommittee for review. Roll Call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant recused.
RESULT: APPROVED [4/01]
MOVER: Jovita Mendoza, Council Member
SECONDER: Karen Rarey, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez,
NOES: None
RECUSED: Mayor Bryant
Recess 11:09 p.m. to 11:14 p.m.
The Mayor rejoined the meeting.
Agenda Item E.1 was moved prior to agenda item D.2
E.1. Moved after item D.1 - Consideration of the Removal of Commissioner David Dolter from the Planning Commission and any follow up actions if necessary. (Damien Brower/Tim Ogden)
Mayor Bryant opened the public comment period.
The following residents spoke in support of removal: Carolina Villaseca, Rod Flohr, Sinziana Todor, and Danny Dohrmann.
An e-mail was received from Antonio Xavier and Robert and Carrie Juracich supporting the removal of David Dolter from the Planning Commission.
An e-mail was received from Mike Burkholder in support of training for new Planning Commissioners and allowing Commissioner Dolter to serve the remainder of his term.
There being no one else wishing to speak, the public comment period was closed.
It was moved/seconded by Mendoza/Rarey to remove David Dolter from the Planning Commission and decided the position will remain vacant until the 2023 Planning Commissioner recruitment cycle is undertaken. Roll Call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, and Mayor Bryant in favor and Vice Mayor Rodriguez opposed.
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RESULT: APPROVED [4/1]
MOVER: Jovita Mendoza, Council Member
SECONDER: Karen Rarey, Council Member
AYES: Mendoza, Meyer, Rarey, Bryant
NOES: Rodriguez
D.2. A resolution adopting the 2022/23 – 2026/27 Capital Improvement Program (CIP) including roadway, parks and trails, water, wastewater and community facilities improvements to be constructed during the next five years; and approving a long-term interfund loan in the amount of $2,016,661, per Council/Administrative Policy 10-5, Budget and Fiscal Policies, Section 4.3, to provide capital funding for the portion of the Sand Creek Sports Complex project costs that will be repaid with Bond Refinance Savings. (Kerry Breen/Sonia Agostini)
Mayor Bryant opened the public hearing.
Danny Dohrmann, resident, spoke in opposition to spending funds on the Soundwall Project, as he did not feel the decrease in decibels would be noticeable.
The following speakers spoke in support of funding the Soundwall Project; Rod Flohr, Ian Cohen, Sukumar Dash, Carolina Villaseca, and Sinziana Todor.
E-mails were received from Anonymous Resident, David and Christina Amaral, Jackie Andrews, S. Walker in opposition to the Soundwall Project.
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 Rarey/Mendoza to adopt Resolution 2022-85 adopting the 2022/23 – 2026/27 Capital Improvement Program (CIP) including roadway, parks and trails, water, wastewater and community facilities improvements to be constructed during the next five years; and approving a long-term interfund loan in the amount of $2,016,661, per Council/Administrative Policy 10-5, Budget and Fiscal Policies, Section
4.3, to provide capital funding for the portion of the Sand Creek Sports Complex project costs that will be repaid with Bond Refinance Savings. 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. A Resolution amending the 2021/22 Operating Budget; Adopting the 2022/23 - 2023/24 Operating Budget; approving the addition of one (1) new full-time position to the City staff; approving pay down of unfunded obligations per Section 7.1.1 of the Council/Administrative Policy Budget and Fiscal Policies, No. 10-5; and amending the 2021/22 Fund Balance and Restrictions and Commitments in the General Fund. (Kerry Breen/Sonia Agostini)
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Mayor Bryant opened the public hearing.
Carolina Villaseca, resident, spoke in support of the budget.
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 adopt Resolution 2022-86 amending the 2021/22 Operating Budget; Adopting the 2022/23 - 2023/24 Operating Budget; approving the addition of one (1) new full-time position to the City staff; approving pay down of unfunded obligations per Section 7.1.1 of the Council/Administrative Policy Budget and Fiscal Policies, No. 10-5; and amending the 2021/22 Fund Balance and Restrictions and Commitments in the General Fund. 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
D.4. Consideration of 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)
Mayor Bryant opened the comment period for the continued public hearing. There being no one 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/Mendoza to adopt Resolution 2022-87 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.
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.5 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 of Amendments to the 2019 California Building Standards Code, Title 24, Part 9, California Fire Code. (Alexis Morris)
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Mayor Bryant opened the public hearing.
Carolina Villaseca, resident, spoke in support of the agenda item.
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 Rarey/Bryant to Waive Second reading and adopt 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 of Amendments to the 2019 California Building Standards Code, Title 24, Part 9, California Fire Code. The City Clerk read the title of the 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: Joel Bryant, Mayor
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
E. BUSINESS ITEMS
E.1. Moved after item D.1 - Consideration of the Removal of Commissioner David Dolter from the Planning Commission and any follow up actions if necessary. (Damien Brower/Tim Ogden)
E.2. A Resolution approving the Fiscal Year 2022/2023 Pay Schedule and authorizing the City Manager or designee, in consultation with the City Attorney, to make ministerial revisions to it. (Sukari Beshears)
Mayor Bryant opened the public comment period, there being no one wishing to speak, it was closed.
It was moved/seconded by Rarey/Meyer to adopt Resolution 2022-88 approving the Fiscal Year 2022/2023 Pay Schedule and authorizing the City Manager or designee, in consultation with the City Attorney, to make ministerial revisions to it.
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
F. REQUEST FOR FUTURE AGENDA ITEMS
F.1. NEW REQUEST(S)
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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.
F.2. REQUESTED ITEMS
F.2.1. Future agenda item request from Council Member Rarey for City Council discussion of, and possible direction to staff, related to a review and potential updates to City Council compensation. (Tim Ogden/Margaret Wimberly)
Mayor Bryant opened the public comment period, there being no one wishing to speak, it was closed.
It was moved/seconded by Rarey/Meyer to continue consideration of this item to the July 12, 2022, City Council meeting. 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
ADJOURNMENT
It was moved/seconded by Rarey/Meyer to adjourn at 1:20 a.m. Roll Call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.