NOVEMBER 15, 2022
CITY COUNCIL/SUCCESSOR AGENCY/BIFA 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/Successor Agency/BIFA 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/Successor Agency/BIFA 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
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later summarized in the meeting minutes.
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/Successor Agency/BIFA 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.
7:00 PM – CITY COUNCIL/SUCCESSOR AGENCY 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/BIFA. 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
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 November 26, 2022, as Small Business Saturday.
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B.2. Resolutions approving the continued use of teleconferencing for meetings of (1) the City Council and all subsidiary City legislative bodies, (2) the Successor Agency to the Brentwood Redevelopment Agency, and (3) the Brentwood Infrastructure Financing Authority, from November 15, 2022 through December 15, 2022, per AB 361 (2021) (Tim Ogden/Margaret Wimberly)
B.3. A Resolution accepting certain trail improvements of the Marsh Creek Trail of the Vineyards at Marsh Creek development (Subdivision 8796) for maintenance by the City and requesting the City Clerk to file this Resolution with the Recorder of Contra Costa County. (Bruce Mulder/Aaron Wanden)
B.4. A Resolution of the City Council of the City of Brentwood increasing the not to exceed expenditure amount with David Hall Masonry, Inc. by $100,000, for a not to exceed amount of $150,000 for Fiscal Year 2022/23. (Bruce Mulder/Aaron Wanden/Tammy Homan)
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 adopting the Mitigated Negative Declaration for the Sand Creek Road Extension, CIP Project No. 336-31700. (Miki Tsubota/Renee Payette/Jigar Shah) C.2 An Ordinance amending Chapter 15.04 of the Brentwood Municipal Code to adopt by reference the 2022 Edition of the California Buildings Standards Code with amendments; the California Administrative Code Part 1; the California Building Code Part 2 volumes 1 and 2; the California Residential Code Part 2.5; the California Electrical Code Part 3; the California Mechanical Code Part 4; the California Plumbing Code Part 5; the California Energy Code Part 6; the California Historical Building Code Part 8; the California Existing Building Code Part 10; the California Green Building Standards Code Part 11; and the California Referenced Standards Code Part 12; and Amending Title 15 (Buildings and Construction) Chapter 15.06 of the Brentwood Municipal Code to adopt by reference the 2022 Edition of the California Building Standards Code Part 9 (The California Fire Code), as amended by Contra Costa County Fire Protection District Ordinance 2022-34, including findings supporting amendments to the 2022 California Building Standards Code, the California Fire Part 9.2022 California Building Code Adoption (Alexis Morris/Kenneth Murphy)
C.3. An Urgency Ordinance of the City Council of the City of Brentwood Extending, for an Additional Period of One Year, an Urgency Ordinance Amending Sections 16.020.060,
17.100.005, 17.620.007, and 17.820.003 of the Brentwood Municipal Code, and Adding Chapters 16.169, 17.796, and 17.797 to the City of Brentwood Municipal Code in order to address changes in State Law resulting from Senate Bill No. 9 (SB 9), and possible further direction to staff on non-urgency ordinance to follow (Alexis Morris/Erik Nolthenius)
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D. BUSINESS ITEMS
D.1. A Resolution approving and authorizing the City Manager or designee to execute an Agreement for Landscape Design Architectural Services for the planning, design and construction document services for the Sand Creek Sports Complex, CIP Project No. 352-52446 with Verde Design, Inc. in the amount of $1,691,593, plus a 15% contingency amount of $253,738.95. for additional services, for a not to exceed amount of $1,945,331.95. (Bruce Mulder/Aaron Wanden/Tammy Homan)
D.2 Consideration of a City Policy violation allegation raised by Council Member Karen Rarey against Vice Mayor Johnny Rodriguez (Tim Ogden)
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. NEW REQUEST(S)
E.2.1. Future agenda item request from Council Member Mendoza for City Council discussion of, and possible direction to staff, related to a possible review of all the changes made to the approved architecture design plans of Amber Lane Apartments, and why any changes were deemed acceptable and or necessary. (Tim Ogden/Margaret Wimberly)
E.2.2. Future agenda item request from Council Member Mendoza for City Council discussion of, and possible direction to staff, related to the creation of (or amendment) to any policies that provide guidance to staff related to any changes from previously approved architecture design plans. (Tim Ogden/Margaret Wimberly)
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. These writings will also be available for review online after the meeting at: https://www.brentwoodca.gov/councilmeetingonline.
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}
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POSTING STATEMENT
On November 10, 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