City Council - March 14, 2023
City Council
City Council/Successor Agency
3/14/2023 5:00 PM
City Council Chambers
150 City Park Way Brentwood, CA 94513
5:00 P.M. - SPECIAL CITY COUNCIL MEETING - 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
CALL TO ORDER & ROLL CALL
Roll Call
PLEDGE OF ALLEGIANCE
REPORT ON CLOSED SESSION
PUBLIC COMMENTS
A.
INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS AND STAFF B.
CONSENT CALENDAR
1. A Proclamation proclaiming February 24, 2023 as the Day of Ukranian Solidarity.
2. A Proclamation proclaiming March 21, 2023 as World Down Syndrome Day.
3. A Resolution Pertaining to the Termination of the Emergency Proclamation and Emergency Order 22-03 of the Director of Emergency Services Action Item Printout
a.
Resolution
b.
Emergency Proclamation
c.
Emergency Order 22-03 General Operations Policy
d.
CCC COVID-19 Emergency Termination Board Order 2-7-23
e.
Governor's COVID State of Emergency Termination-Proclamation
4. A Resolution opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act Action Item Printout
a.
Resolution
b.
Summary Outline
c.
Fiscal Analysis
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.
Action Item Printout
a.
Resolution
b.
Amendment No. 1
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 Action Item Printout
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 Action Item Printout
a.
Resolution
b.
Exhibit A - Artwork and Locations
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.
Action Item Printout
a.
Resolution
b.
Agreement
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.
Action Item Printout
a.
Resolution
b.
Contract
c.
CIP Budget Sheet
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.
Action Item Printout
a.
Resolution
b.
Amendment No. 3
c.
CIP Budget Sheet
11. A Resolution authorizing the City Manager or staff designee to update the Economic Development Grant Program guidelines and grant application Action Item Printout
a.
Resolution
b.
Exhibit A - Redline Version - 2023/24 Economic Development Grant Guidlines & Application c.
Exhibit B - Clean Version - 2023/24 Economic Devlopment Grant Guidlines & Application C.
PUBLIC HEARINGS
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.
Action Item Printout
a.
Attachment 1 - Draft Resolution
b.
Attachment 1A - HCD Comment Matrix
c.
Attachment 1B - Statutory Provisions Checklist
d.
Attachment 2 - Brentwood 6th Cycle Housing Element March 2023 Draft e.
Attachment 3 - Public Comment
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.
Action Item Printout
a.
Draft Accessory Structure Ordinance
b.
Chapter 17.030 Redline and Clean
c.
Chapter 17.660 Redline and Clean
D.
BUSINESS ITEMS
1. Consider naming a new liaison to the John Marsh Historic Trust, if necessary.
Action Item Printout
a.
2023 Appointment List
E.
REQUEST FOR FUTURE AGENDA ITEMS
1. NEW REQUEST(S)
ADJOURNMENT
No Item Selected
This item has no attachments
1 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION[Govt. 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.pdf 1 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION[Govt. 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.pdf 1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS[Govt. Code §54956.8]Property____1907 & 1909 Jane Way___APNs 016-010-019 & 016-010-020Negotiating Party__Yellow Roof Foundation______City Negotiators___Darin Gale Assistant.pdf 1 A Proclamation proclaiming February 24 2023 as the Day of Ukranian Solidarity..pdf 1 A Proclamation proclaiming March 21 2023 as World Down Syndrome Day..pdf 1 Printout.pdf
2 Emergency Proclamation.pdf
3 Emergency Order 22-03 General Operations Policy.pdf
4 CCC COVID-19 Emergency Termination Board Order 2-7-23.pdf 5 Governor's COVID State of Emergency Termination-Proclamation.pdf 1 Printout.pdf
2 Summary Outline.pdf
3 Fiscal Analysis.pdf
1 Printout.pdf
2 Amendment No. 1.pdf
1 Printout.pdf
1 Printout.pdf
2 Exhibit A - Artwork and Locations.pdf
1 Printout.pdf
2 Agreement.pdf
1 Printout.pdf
2 Contract.pdf
3 CIP Budget Sheet.pdf
1 Printout.pdf
2 Amendment No. 3.pdf
3 CIP Budget Sheet.pdf
1 Printout.pdf
1 Printout.pdf
2 Attachment 1A - HCD Comment Matrix.pdf
3 Attachment 1B - Statutory Provisions Checklist.pdf
4 Attachment 2 - Brentwood 6th Cycle Housing Element March 2023 Draft.pdf 5 Attachment 3 - Public Comment.pdf
6 Agenda Packet PDF.pdf
1 Printout.pdf
2 Chapter 17.030 Redline and Clean.pdf
3 Chapter 17.660 Redline and Clean.pdf
1 Printout.pdf