MAY 23, 2023
CITY COUNCIL/SUCCESSOR AGENCY AGENDA
CITY COUNCIL CHAMBERS, 150 CITY PARK WAY
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* UPDATED May 18, 2022
City Council Members will be participating from the Council Chamber. Members of the public are invited to attend and participate at: Council Chambers, 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 MAY 23, 2023
CITY COUNCIL/SUCCESSOR AGENCY AGENDA
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Pursuant to Section 54956 of the California Government code a special meeting of the CITY COUNCIL is hereby called for MAY 23 2023, AT 6:00 PM
(OR AS SOON THEREAFTER AS POSSIBLE)
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.
Members of the public wishing to speak during the public discussion are requested to fill out the speaker form provided and hand the card to the City Clerk at the beginning of (or during) the meeting. Comments by members of the public are generally limited to five minutes, or less time if a large number of speakers are anticipated. A speaker may not allocate his or her time to another speaker. All remarks shall be addressed to the Mayor. Speakers are urged to avoid unnecessary repetition in their remarks and instead simply indicate agreement with previous speakers.
Speakers desiring answers to questions, at the invitation of the Mayor, may have a staff member provide a brief response. Alternately, a staff member may follow up directly with the speaker during regular City business hours.
RECESS TO CLOSED SESSION
1. 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
ADJOURNMENT
7:00 PM – CITY COUNCIL/SUCCESSOR AGENCY
(MEETING OR AS SOON THEREAFTER AS POSSIBLE)
CALL TO ORDER & ROLL CALL
PLEDGE OF ALLEGIANCE
REPORT ON CLOSED SESSION
PUBLIC COMMENTS
MAY 23, 2023
CITY COUNCIL/SUCCESSOR AGENCY AGENDA
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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; Closed Session. 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.
Members of the public wishing to speak during the public discussion are requested to fill out the speaker form provided and hand the card to the City Clerk at the beginning of (or during) the meeting. Comments by members of the public are generally limited to five minutes, or less time if a large number of speakers are anticipated. A speaker may not allocate his or her time to another speaker. All remarks shall be addressed to the Mayor. Speakers are urged to avoid unnecessary repetition in their remarks and instead simply indicate agreement with previous speakers. Speakers desiring answers to questions, at the invitation of the Mayor, may have a staff member provide a brief response. Alternately, a staff member may follow up directly with the speaker 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 by any individual member of the Council, and will be considered separately. After sufficient time is provided to remove any items, all remaining items on the consent calendar will then be enacted by one motion.
B.1. A Proclamation proclaiming June 2023 as Pride Month.
B.2. A Proclamation proclaiming June 2023 as National Safety Month.
B.3. A Resolution delegating annual management responsibility for the investment program to the City Treasurer for Fiscal Year 2023/24 and amending Council/Administrative Policy No. 10-4, Investment Policy (“Policy”) (Kerry Breen/Clarissa Domen/Sonia Agostini) B.4. A Resolution adopting the 2023/24 Proposition 4 Appropriations Limit using the change in State per capita income of 4.44% as the cost-of-living factor and the change in the City population factor of 0.46% to calculate the Limit. (Kerry Breen/Clarissa Domen/Sonia Agostini)
B.5. A Resolution approving the Utilization of American Rescue Plan Act Funds for FY 2022/23 General Government Revenue Replacement and Amending the FY 2022/23 Operating Budget (Kerry Breen)
MAY 23, 2023
CITY COUNCIL/SUCCESSOR AGENCY AGENDA
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B.6. A Resolution approving an update to Council/Administrative Policy No. 10-20 previously adopted on December 14, 2010, which outlines the City and Successor Agency policies as it relates to disposition of surplus properties. (Darin Gale/Ricardo Noguera) B.7. A Resolution approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a construction contract and necessary documents, including the use of contingency amounts, for the Pavement Management Program 2023 (Asphalt), CIP Project No. 336-31702, with DSS Company dba Knife River Construction, as the lowest responsible and responsive bidder, in the amount of $1,270,110.00, plus funding authorization for a 15% contingency of $190,516.50, for a total funding authorization not to exceed amount of $1,460,626.50. (Casey Wichert/Renee Payette/Brant Wilson)
B.8. A Resolution of the City Council of the City of Brentwood Authorizing the City Manager or Designee to Execute a Professional Services Agreement and Necessary Documents with De Novo Planning Group to Prepare and Complete a Focused Zoning Ordinance Update and Objective Design Standards in an amount not to exceed $250,000 (Alexis Morris) B.9. A Resolution accepting the public improvements, excluding landscaping, for Bennett Estates; accepting the Maintenance Bond; releasing the Improvement Securities; and requesting the City Clerk to file this Resolution with the Recorder of Contra Costa County for these improvements, constructed as a part of Civic Park Brentwood, LLC, Subdivision No. 9519, located north of Grant Street on the west side of O’Hara Avenue at Nighthawk Way. (Casey Wichert/Heather Silfies)
C. PUBLIC HEARINGS
Persons addressing the City Council are asked to file a speaker card or 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. Call for review of the Planning Commission’s action to approve a Conditional Use Permit (CUP 22-007) and a Design Review (DR 22-009) for a 2,316 square foot Wendy's restaurant, with a drive-thru and associated site improvements, on a 0.93-acre infill site located at 30 East Sand Creek Road (016-170-049). (Alexis Morris/Sarah Yuwiler) D. BUSINESS ITEMS
D.1. Call for review of the Planning Commission's decision to approve a design review amendment (DR 21-009-A1) for modification of the building configuration, roof slope, and roof orientation of previously approved modular classroom buildings for Vineyard Academy Christian School, located south of Grant Street between Adams Lane and Lone Oak Road (APNs 016-040-009, 016-040-010, and 016-040-011). (Alexis Morris/Jennifer Hagen)
D.2. A Resolution approving grants from the City’s 2023/24 Economic Development Grant Program in the amount of $176,744 and a contribution of $5,000 to the Downtown Brentwood Coalition for the Light of the Night - 4th of July Drone Show. (Darin Gale/Abraham Salinas)
D.3 Consideration of City policy violation allegations raised by Council Member Jovita Mendoza against Council Member Tony Oerlemans. (Damien Brower/Tim Ogden) MAY 23, 2023
CITY COUNCIL/SUCCESSOR AGENCY AGENDA
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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 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 May 18, 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