MARCH 14, 2023
CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS, 150 CITY PARK WAY
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* UPDATED JANUARY 5, 2023
City Council Members will be participating from the Council Chamber. Members of the public are invited to attend and participate in the: Council Chambers, at 150 City Park Way, Brentwood CA As a courtesy and technology permitting, members of the public may continue to provide live remote oral public comment via the City’s Zoom Platform. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.
HOW PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:
1. IN PERSON:
a. Members of the public can provide in-person comments in the Council Chambers.
Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chambers will have seating available for members of the public to attend in person up to full seating capacity.
2. REMOTE:
a. Zoom: www.brentwoodca.gov/vcc or Zoom Webinar ID: 760 1397 0037 b. Zoom Phone Numbers. Dial Toll Free: (833) 548-0276 or (833) 548-0282 or (877) 853- 5247.
c. 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. If calling in via Zoom use *9 to raise and lower your hand. 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.)
3. E-MAIL
a. 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:
1. distributed to the Council via email before the meeting,
2. posted online for public inspection at
https://www.brentwoodca.gov/councilmeetingonline, and
3. later summarized in the meeting minutes.
b. 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.
4. TO WATCH OR LISTEN ONLY:
a. 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 or via the City’s YouTube Channel: https://www.youtube.com/c/cityofbrentwoodca MARCH 14, 2023
CITY COUNCIL AGENDA
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5:00 PM – SPECIAL CITY COUNCIL MEETING
CALL TO ORDER & ROLL CALL
PUBLIC COMMENTS
As the public and City Council have resumed meeting in the City Council Chambers, we invite the public to attend in person when feasible. As a courtesy and technology permitting, the City will continue to offer a virtual participation option, as well. The public is permitted to speak on items that are listed on the Closed Session agenda. To accommodate those speaking in-person and via Zoom, we will call upon those in-person first, and then to Zoom. If necessary, we will repeat that process.
In Person: Please file a speaker’s card with the City Clerk on the form provided on the counter at the back of the Chambers.
Zoom: Please use the Raise Your Hand feature in Zoom during this item to speak under Public Comments.
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.
ADJOURN TO CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
[Gov’t. Code § 54956.9(d)(1)]
Name of Case: Discovery Builders, Inc. and West Coast Home Builders, Inc. v. City of Brentwood, et al.
Contra Costa County Superior Court Case No. N21-0980
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
[Gov’t. Code § 54956.9(d)(1)]
Name of Case: Discovery Builders, Inc., et al. v. City of Brentwood, et al.
Contra Costa County Superior Court Case No.: N22-1738
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
[Gov’t. Code §54956.8]
Property: 1907 & 1909 Jane Way
APNs 016-010-019 & 016-010-020
Negotiating Party: Yellow Roof Foundation
City Negotiators: Darin Gale, Assistant City Manager
Ricardo Noguera, Economic Development Manager
Under Negotiation: Price and Terms of Payment
ADJOURNMENT
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7:00 PM – CITY COUNCIL MEETING
CALL TO ORDER & ROLL CALL
PLEDGE OF ALLEGIANCE
REPORT ON CLOSED SESSION
PUBLIC COMMENTS
As the public and City Council have resumed meeting in the City Council Chambers, we invite the public to attend in person when feasible. As a courtesy and technology permitting, the City will continue to offer a virtual participation option, as well. 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. To accommodate those speaking in-person and via Zoom, we will call upon those in-person first, and then to Zoom. If necessary, we will repeat that process.
In Person: Please file a speaker’s card with the City Clerk on the form provided on the counter at the back of the Chambers.
Zoom: Please use the Raise Your Hand feature in Zoom during this item to speak under Public Comments.
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. Speakers desiring answers to questions should direct them to the Council and, if relevant, they may direct them to the appropriate staff member. Speakers can also follow up directly with staff during regular City business hours.
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 February 24, 2023 as the Day of Ukranian Solidarity.
B.2. A Proclamation proclaiming March 21, 2023 as World Down Syndrome Day.
B.3. A Resolution Pertaining to the Termination of the Emergency Proclamation and Emergency Order 22-03 of the Director of Emergency Services (Tim Ogden/Diane Williams)
B.4. A Resolution opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act (Kerry Breen)
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B.5. A Resolution of Initiation appointing Francisco & Associates as the Engineer of Work for the Landscape and Lighting Assessment Districts, including the 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 2023/24; ordering the Engineer of Work to prepare and file the Engineer’s Reports for the 2023/24 Fiscal Year; and making a finding that the actions are categorically exempt from the California Environmental Quality Act, and approving and authorizing the City Manager or designee to execute Amendment No. 1 to the Agreement for Professional Assessment Engineering Services in the amount of $229,900, plus a 10% contingency amount of $22,990 for a not to exceed amount of $252,890 for FY 2023/24 assessment year activities. (Bruce Mulder/Aaron Wanden)
B.6. Consider the recommendation of Trevor Frey to the Park and Recreation Commission by Mayor Bryant for a three-year term expiring on December 31, 2025 (Bruce Mulder/Elaine McGurk)
B.7. A Resolution authorizing the Director of Parks and Recreation to execute nine Agreements for Artist Services and one General Services Agreement for Utility Box Cleaning and Priming Services for a total of eleven utility boxes throughout Brentwood, in an amount not to exceed $15,800 and amend the FY 2022/2023 Operating Budget by increasing expenditures in the Public Art Program Acquisition Fund by $15,800 (Bruce Mulder/Thien Nguyen)
B.8. A Resolution approving and authorizing the City Manager or designee to execute an Agreement for Stage, Sound and Lighting Services with DPH Sound and Lighting for specialized equipment and services for community-wide special events (Special Events) in an amount not to exceed $145,000 for FY 2023/24 – FY 2024/25. (Bruce Mulder/Thien Nguyen)
B.9. A Resolution approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a construction contract and necessary documents for the Sand Creek Road Extension, CIP Project No. 336-31700, with Goodfellow Sequoia A JV as the lowest responsible and responsive bidder in the amount of $6,992,765.00, plus a 10% contingency of $699,276.50, for a total not-to-exceed amount of $7,692,041.50. (Casey Wichert/Renee Payette/Jigar Shah) B.10. A Resolution approving and authorizing the City Manager or designee to execute Amendment No. 3 to the Agreement for Design and Environmental Services, and necessary documents, including Amendments, with BKF Engineers in an amount of $284,200, plus a 10% contingency of $28,420, for a total not to exceed agreement amount of $978,120 for the Sand Creek Road Extension, CIP Project No. 336-31700. (Casey Wichert/Renee Payette/Jigar Shah)
B.11. A Resolution authorizing the City Manager or staff designee to update the Economic Development Grant Program guidelines and grant application (Darin Gale/Abraham Salinas)
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C. PUBLIC HEARINGS
Persons addressing the City Council in person speaker’s card with the City Clerk on the form provided on the counter at the back of the Chamber, and those attending via Zoom 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. Review and approve an amendment to the General Plan to update the Housing Element for the 2023-2031 (6th Cycle), in compliance with State law. The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section §15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the proposed 2023-2031 Housing Element Update would have a significant effect on the environment, in that no new policies adopted modify the density or physical design of housing and so do not have the potential for causing a reasonably foreseeable direct or indirect change in the physical environment. (Alexis Morris/Jennifer Hagen) C.2. An ordinance to amend the Brentwood Municipal Code by modifying Chapter 17.660 relating to Encroachments into Required Yards as well as adding additional definitions to Chapter 17.030 relating to Definitions. This text amendment is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines. (Alexis Morris/Jennifer Hagen)
D. BUSINESS ITEMS
D.1. Consider naming a new liaison to the John Marsh Historic Trust, if necessary. (Tim Ogden/Margaret Wimberly)
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.
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 at the City Council meeting in the public access binder in the entrance of the City Council Chambers.
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 at www.brentwoodca.gov/councilmeetingonline within one day following the meeting, and will be summarized in the meeting minutes.
The Closed Captioning provided via Zoom is auto generated. It is not the official record and is provided as a convenience.
There is a 90-day limit for the filing of a challenge in court to certain City decisions that require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Moreover, if you challenge the any of the matters MARCH 14, 2023
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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, the meeting room is wheelchair accessible and disabled parking is available at the City Hall parking lot. 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 March 9, 2023 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