Summary of Council Actions – May 23, 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] May 23, 2023
Legend: Y=Yes N=No A=Absent Absn=Abstain R=Recused
Mendoza Meyer Oerlemans Pierson Bryant
6:00 PM –Special City Council meeting
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
There was no reportable action.
7:00 PM –City Council Meeting
B.1. Proclaimed June 2023 as Pride Month.
Y Y Y Y Y
B.2. Proclaimed June 2023 as National Safety Month.
Y Y Y Y Y
B.3. Adopted Resolution 2023-59 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)
Y Y Y Y Y
B.4. Adopted Resolution 2023-60 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)
Y Y Y Y Y
May 23, 2023
Legend: Y=Yes N=No A=Absent Absn=Abstain R=Recused
Mendoza Meyer Oerlemans Pierson Bryant
B.5. Adopted Resolution 2023-61 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)
Y Y Y Y Y
B.6. Adopted Resolution 2023-62 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)
Y Y Y Y Y
B.7. Adopted Resolution 2023-63 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)
Y Y Y Y Y
B.8. Adopted Resolution 2023-64 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)
Y Y Y Y Y
B.9. Adopted Resolution 2023-65 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)
Y Y Y Y Y
May 23, 2023
Legend: Y=Yes N=No A=Absent Absn=Abstain R=Recused
Mendoza Meyer Oerlemans Pierson Bryant
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)
Adopted Resolution 2023-67 approving a Design Review (DR 22-09) for a 2,316 square foot Wendy’s restaurant with the following additional conditions of approval to add to Design Review resolution:
7. Site access for truck deliveries is not permitted off of Stony Creek Drive. Delivery hours for Wendy’s are permitted only between 7:00 am and 10:00 pm daily, per the Sciortino Ranch Design Guidelines.
25. Prior to issuance of Certificate of Occupancy, Permittee shall submit a proposed delivery truck route to and from the site for review and approval by the City Engineer or his/her designee.
26. Permittee shall submit plans for a masonry wall of up to four (4) feet to be added to the berm along Stony Creek Drive between (a) Sand Creek Road and (b) the site driveway on Stony Creek Drive. Said wall will be subject to the review and approval of the City Engineer or his/her designee, and must be constructed by Permittee prior to the issuance of a building permit.”
Removal of condition of approval requiring a speed bump.
Adopted Resolution 2023-68 approving a Conditional Use Permit (CUP 22-07) with the following amendments to the Conditional Use Permit:
8. The drive-through operation shall be restricted to the daytime hours of 6:30 am to 1:00 am daily, with dining room hours of 9:00 am to 10:00 pm. After 10:00 pm, drive-thru users shall order at the window and the speaker box will not be used. Should the operator desire to allow use of the drive-through outside of these hours, a request shall be submitted for the review and approval of the Community Development Director.”
12. Site access for truck deliveries is not permitted off of Stony Creek Drive. Delivery hours for Wendy’s are permitted only between 7:00 am and 10:00 pm daily, per the Sciortino Ranch Design
Guidelines.”
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Y
N
Y
Y
Y
Y
Y
Y
Item was heard prior to item C.1
May 23, 2023
Legend: Y=Yes N=No A=Absent Absn=Abstain R=Recused
Mendoza Meyer Oerlemans Pierson Bryant
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)
Adopted Resolution 2023-66 affirming the Planning Commission approval and approve Design Review amendment No. 23-009-A1 to allow for a modification of the roof slope and orientation of the previously approved modular classroom buildings, and design of the wall to be installed on the east property line for Vineyard Academy Christian School, as conditioned.
Y Y Y Y Y
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 Up the Night - 4th of July Drone Show. (Darin Gale/Abraham Salinas)
Adopted Resolution 2023-69 approving grants from the City’s 2023/24 Economic Development Grant Program in the amount of $176,744 as amended and a contribution of $5,000 to the Downtown Brentwood Coalition for the Light Up the Night - 4th of July Drone Show
Y Y Y R Y
D.3 Consideration of City policy violation allegations raised by Council Member Jovita Mendoza against Council Member Tony Oerlemans. (Damien Brower/Tim Ogden)
Motion to admonish the members of the City Council to follow City Council Administrative Policy 110-5 (Ethics and Conduct Policy), Section 5 on Decorum as it relates to decorum generally as to City Council Members and Decorum generally as to the public.
N N Y Y Y
Adjournment: The meeting adjourned at 12:26 a.m. Y Y Y Y Y