SEPTEMBER 27, 2022
CITY COUNCIL AGENDA
TELECONFERENCE, ZOOM
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* UPDATED APRIL 21, 2022
Consistent with Contra Costa County Health orders, and in accordance with California Government Code Section 54953(e) concerning teleconference meetings, this City Council meeting will be held exclusively via teleconference, using the Zoom video conferencing system. At this time, public participation will be available exclusively via telephone or teleconference, using the Zoom video conferencing system.
How to View and Participate
The public is invited to participate in the City Council meeting and offer comments of up to 3 minutes (or as may otherwise be determined by the Council) using any of the following methods:
1. Zoom: www.brentwoodca.gov/vcc or Zoom Webinar ID: 760 1397 0037 Phone Numbers:
Dial (for higher quality, dial a number based on your current location):
US: +1 720 707 2699 or +1 253 215 8782 or +1 346 248 7799 or +1 646 558 8656 or +1 301 715 8592 or +1 312 626 6799 or 888 788 0099 (Toll Free) or 833 548 0276 (Toll Free) or 833 548 0282 (Toll Free) or 877 853 5247 (Toll Free)
As the City Council Chamber will not be open to the public, individuals may view and participate in the meeting with this link. During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. The meeting host will call on you, by name, and enable your microphone when it is your turn to speak.
In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required. (If you need instructions on how to use this feature, please contact the City Clerk by noon of the meeting date at [email protected] or 925.516.5182.)
The public may view the meeting via one-way video feed by selecting the video option at the City Council Agendas’ link on the City webpage at www.brentwoodca.gov
1. Telephone
If you wish to comment during the meeting via telephone, you may “raise your hand” virtually on most devices by pressing *9, and you will be called upon when it is your time to speak. After speaking, please press *9 again to remove the “raise your hand” feature. If that feature does not work on your device, please email [email protected] in advance of the meeting where possible. The request must contain in the subject line “Request to Speak – Agenda Item #” and should include name and full phone number that will be used to call in. In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required.
1. E-mail
Public comments can also be submitted via e-mail to [email protected]. Any public comments received up until 3:00 p.m. of the meeting date will be:
distributed to the Council via email before the meeting, posted online for public inspection at https://www.brentwoodca.gov/councilmeetingonline, and
later summarized in the meeting minutes.
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CITY COUNCIL AGENDA
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Public comments received after 3:00 p.m. of the meeting date, but prior to the start of the meeting, will be emailed to the City Council, posted online within one day following the meeting, and will be summarized in the meeting minutes. The City cannot guarantee that its network, website, and/or the Zoom system will be uninterrupted. In the event of an interruption to the broadcasting of the meeting using the telephone or internet-based options listed above, the City Council will take no further action on items on the agenda until public access to the meeting via either option is restored. To ensure that the City Council receives your comments prior to taking action, you are strongly encouraged to submit them in advance of the meeting by 3:00 p.m.
As e-mails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your e-mail.
The Closed Captioning provided via Zoom is auto generated. It is not the official record and is provided as a convenience.
Pursuant to Section 54956 of the California Government Code, a special meeting of the City Council is hereby called for September 27, 2022, at 5:30 p.m. or as soon thereafter as possible.
Following the staff presentation of the agenda item, and before direction is provided, public comment will be taken on the agenda item.
WORKSHOP
1. Review and provide comments on the 2023-2031 (6th Cycle) Draft Housing Element, and authorize submittal of the Draft Housing Element to the State Department of Housing and Community Development. (Alexis Morris/Jennifer Hagen)
ADJOURNMENT
7:00 PM – CITY COUNCIL MEETING
CALL TO ORDER & ROLL CALL
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS
The public is permitted to speak on items that are listed under Presentations; Informational Reports from Council Members, Committee, Liaisons, and Staff; on the Consent Calendar; Requests for Future Agenda Items, new items; or items not on the agenda. Public comments for scheduled agenda items should wait until that time.
Persons are required to limit their remarks to three (3) minutes unless an extension of time is granted by the Mayor subject to approval of the City Council/Successor Agency. Please use the Raise Your Hand feature in Zoom during this item to speak under Public Comments. Speakers desiring answers to questions should direct them to the City Council/Successor Agency and, if relevant, the City Council/Successor Agency may direct them to the appropriate staff member
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CITY COUNCIL AGENDA
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A. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,
LIAISONS AND STAFF
This portion of the agenda is to provide an opportunity for Council Members to report on attendance at events, subcommittee meetings, and entities on which the Council Member has been appointed as a liaison and for staff to provide brief updates and/or information to the City Council.
B. CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by one motion. If discussion is required, that particular item will be removed from the consent calendar and will be considered separately.
B.1. A Proclamation proclaiming October as National Breast Cancer Awareness Month B.2. A Proclamation proclaiming October as National ADHD Awareness Month B.3. Second reading of Ordinance No. 1045 amending City Council/Administrative Policy No. 10-7, Purchasing Policy, to update the Types of Purchases Section to clarify individual requirements for Types of Purchases and increase the agreement requirement threshold for Services from $1,000 to $1,500; update the Federal Procurement Section to more closely match the Public Contract Code, Code of Federal Regulations, and the Brentwood Municipal Code; update the Quotes Section to increase availability of goods and services while maintaining best pricing; update the Exceptions Section to facilitate mandatory payments to Federal, State, and Local Governments and add an additional exception for Advertising in Publications; and to update the Miscellaneous Procedures Section to clarify the Long Term Agreements Exceptions (Kerry Breen/Wilton Alderman) B.4. A Resolution requesting the allocation of Fiscal Year 2022/23 Transportation Development Act, Article 3 Pedestrian/Bicycle Project Funding from the Metropolitan Transportation Commission in the amount of $100,000, for the Fairview Avenue sidewalk project. (Miki Tsubota/Steve Kersevan)
B.5. A Resolution certifying that the City of Brentwood is in compliance with the Measure J Growth Management Program and authorizing the City Manager or designee to execute the Growth Management Checklist for calendar years 2020 and 2021 for allocation of Measure J Local Street Maintenance & Improvement funds. (Miki Tsubota/Steve Kersevan)
B.6. A Resolution authorizing the City Manager to execute an Encroachment Agreement with Brentwood Union School District relating to the construction of a theater at Bristow Middle School (Bruce Mulder)
B.7. A Resolution approving the contract documents, awarding the bid, waiving bidding irregularities as immaterial and authorizing the City Manager or designee to execute a construction contract and necessary documents for Brentwood Various Streets and Roads Preservation, CIP Project No. 336-31694, with QA Constructors, Inc. as the lowest responsible and responsive bidder, in the amount of $609,400, plus a 15% contingency of $91,410, for a total not-to-exceed amount of $700,810. (Miki Tsubota/Renee Payette/Meghan Oliveira)
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CITY COUNCIL AGENDA
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C. PUBLIC HEARINGS
Persons addressing the City Council are asked to raise their hands using the Zoom feature. 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
C.1. A Resolution of the City Council of the City of Brentwood 1) adopting the FY 2022/23 Cost Allocation Plan and Schedule of City Fees; 2) Making Certain Supporting Findings, Including the Inapplicability of the California Environmental Quality Act to these Actions; 3) Imposing Said Fees; 4) Establishing a Process for Waiving or Adjusting Certain Fees; and 5) Repealing Resolution No. 2021-137, which adopted the FY 2021/22 Cost Allocation Plan and Schedule of City Fees; Consider the Inclusion of Two New Fees for 1) City Owned Electric Vehicle Charging Stations, and 2) Credit Card Processing (Kerry Breen/Wilton Alderman)
D. BUSINESS ITEMS
D.1. An Interim Urgency Ordinance Implementing a Moratorium on the Issuance of Any New Permit, License, or Entitlement for Any New Tobacco Smoke Shop in the City of Brentwood, and Finding the Action Exempt from CEQA (Alexis Morris/Erik Nolthenius/Damien Brower)
D.2. Adopt a Resolution: 1) Approving, and Authorizing the Mayor to Sign the Fourth Amendment to the June 27, 2017 Amended City Attorney Employment Agreement; 2) Authorizing the Director of Human Resources to make ministerial revision to the Pay Schedule to reflect the changes; and 3) Adopting Appropriations Amendments to the 2022/23 Operating Budget (Sukari Beshears)
D.3. An Ordinance Amending Section 2.08.010 of the Brentwood Municipal Code to Increase City Council Monthly Salaries (Sukari Beshears)
E. REQUEST FOR FUTURE AGENDA ITEMS
E.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.
E.2. REQUESTED ITEMS
E.2.1. Future agenda item request from Council Member Mendoza for City Council discussion of, and possible direction to staff, related to an amendment of the City Council’s Ethics and Conduct Policy (No. 110-5) to permit the discussion of alleged City policy violations by members of the City Council, when following established procedures could result in a majority of the City Council discussing the allegation outside of a noticed meeting (Tim Ogden/ Damien Brower)
ADJOURNMENT
Any disclosable public records related to an agenda item for the open session of this meeting distributed to all or a majority of the City Council less than 72 hours before this meeting is available for inspection at City Hall, located at 150 City Park Way, during normal business hours.
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CITY COUNCIL AGENDA
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If you challenge the any of the matters listed under 'Public Hearings' in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Brentwood City Council at, or prior to, the public hearing. .
NOTICE
In compliance with the Americans with Disabilities Act, if you are a person with a disability and you need disability-related modifications or accommodations to participate in this meeting, please contact the City Clerk's Office at (925) 516-5440 or fax (925) 516-5441. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. {28 CFR
35.102-35, 104 ADA Title II}
POSTING STATEMENT
On September 22, 2022, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov
A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov