Summary of Council Actions – March 14, 2023
This is provided as a summary of actions taken by the City Council. Official motions and votes will be included in the meeting minutes. Please contact the City Clerk for additional information: [email protected] March 14, 2023
Legend: Y=Yes N=No A=Absent Absn=Abstain R=Recused
Mendoza Meyer Oerlemans Pierson Bryant
5:00 PM –City Council Meeting
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
There was no reportable action taken in closed session.
Mendoza Meyer Oerlemans Pierson Bryant
7:00 PM –City Council Meeting
B.1. Proclaimed February 24, 2023 as the Day of Ukranian Solidarity. Y Y Y Y Y B.2. Proclaimed March 21, 2023 as World Down Syndrome Day. Y Y Y Y Y B.3. Adopted Resolution 2023-23 Pertaining to the Termination of the Emergency Proclamation and Emergency Order 22-03 of the Director of Emergency Services (Tim Ogden/Diane Williams)
Y Y Y Y Y
March 14, 2023
Legend: Y=Yes N=No A=Absent Absn=Abstain R=Recused
Mendoza Meyer Oerlemans Pierson Bryant
B.4. Adopted Resolution 2023-24 opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act (Kerry Breen) Y Y Y Y Y
B.5. Adopted Resolution 2023-25 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)
Y Y Y Y Y
B.6. Approved the appointment 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) Y Y Y Y Y B.7. Adopted Resolution 2023-26 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)
Y Y Y Y Y
March 14, 2023
Legend: Y=Yes N=No A=Absent Absn=Abstain R=Recused
Mendoza Meyer Oerlemans Pierson Bryant
B.8. Adopted Resolution 2023-27 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)
Y Y Y Y Y
B.9. Adopted Resolution 2023-28 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)
Y Y Y Y Y
B.10. Adopted Resolution 2023-29 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)
Y Y Y Y Y
B.11. Adopted Resolution 2023-30 authorizing the City Manager or staff designee to update the Economic Development Grant Program guidelines and grant application (Darin Gale/Abraham Salinas) Y Y Y Y Y March 14, 2023
Legend: Y=Yes N=No A=Absent Absn=Abstain R=Recused
Mendoza Meyer Oerlemans Pierson Bryant
C.1. Adopted Resolution 2023-31 approving 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)
Y Y Y Y Y
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)
Introduced and waived first reading of Ordinance 1054 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. With an amendment to section G. Shipping containers (as defined in Chapter 17.030), are prohibited within any residential zone, except that they may be temporarily placed on a private driveway, or within the public right-of-way with an encroachment permit, for a maximum of 14 days per calendar year, or a maximum of 30-days with the written approval of the Community Development Director or in conjunction with an active construction project that has a valid building permit or other temporary use.
Y Y Y Y Y
D.1. Consider naming a new liaison to the John Marsh Historic Trust, if necessary. (Tim Ogden/Margaret Wimberly)
Appointed Council Member Tony Oerlemans Y Y Y Y Y
March 14, 2023
Legend: Y=Yes N=No A=Absent Absn=Abstain R=Recused
Mendoza Meyer Oerlemans Pierson Bryant
Adjournment: Adjourned at 8:47 p.m.
Y Y Y Y Y