City Council - July 25, 2023
A.
CALL TO ORDER AND ROLL CALL
Mayor Bryant called the meeting to order at 7:04 p.m.
Roll Call
Present in the Council Chambers: Vice Mayor Meyer, Council Member Oerlemans, Council Member Pierson, Mayor Bryant Present in the Teleconference Location: Council Member Mendoza Teleconference location: Café Internet Café Vidanta Riviera Maya Carretera Federal Cancún-Playa del Carmen Km. 48, 77710 Riviera Maya, Q.R., Mexico
B.
PLEDGE OF ALLEGIANCE
Mayor Bryant led the Pledge of Allegiance.
C.
PUBLIC COMMENTS
Danny Dorhmann provided a positive review of a local small business, SB Hauling, and encouraged residents to get involved in local and state-wide government initiatives.
Denise Duran, Chamber of Commerce Board President, thanked the Parks and Recreation Department, City staff, the Downtown Brentwood Coalition, and all who participated in the production of the Carnique and other 4th of July events. Denise promoted the upcoming Celebrating Brentwood Gala and named the nominees for each award category and promoted other upcoming events.
Rashidi Barnes, CEO of Tri Delta Transit, introduced himself to the City Council.
Destined Wright provided comments regarding the strong community support and need of pickleball courts, as well as the community and economic benefits related to the access to pickleball courts.
Shante Williams, Nahleen, Russell, Aimee, Sam Haider, and Camille Williams provided comments and concerns related to the negative and dangerous consequences of hosted, for-profit parties in residential neighborhoods.
Greg Robinson, encouraged residents to reach out to him at The Press regarding the incident that occurred at the hosted pool party.
D.
INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS, AND STAFF Council Member Oerlemans reported he attended the Tri Delta Transit meeting, all of the 4th of July events, met with the new police recruits as they headed off to the Police Academy.
Vice Mayor Meyer reported she met with Front Porch regarding their program Home Match, met with Chamber of Commerce officers to act as an auditor counting votes for the Celebrate Brentwood awards, attended a meeting of the California Alliance of Local Electeds, attended webinar on California's new campaign contribution regulations, attended a meeting and heard a presentation on environmental justice, gave a presentation on history and planning of our Community Service Day for 2024, did an interview with The Press on the Davis Camp history, and attended all 4th of July events.
Council Member Mendoza reported she attended all of the 4th of July events, had a meeting with the president of Cal Cities related to the Our Neighborhood Voices initiatives, attended a meeting of the California Alliance of Local Electeds, and attended the Cal Cities summer session briefing on priority bills.
Council Member Pierson reported she was a speaker at a Juneteenth celebration event, spoke to students in a summer youth program at Antioch high school about careers and achieving their goals, 4th of July events, spoke with Leo at the Brentwood Regional Community Chest, and brought three Brentwood student interns on a tour through City Hall.
Mayor Bryant reported he attended the TRANSPLAN Committee, East Contra Costa Regional Fee and Financing Authority (ECCRFFA), BART and State Route 4 Bypass meetings, attended the Tri Delta Transit meeting, attended the grand opening of the Chabad of the Delta Jewish facility, attended 4th of July events, attended the Mayors Conference, worked with a young man with special needs who interned with him for two days, and toured a Tri Delta facility.
City Manager Tim Ogden presented the City's new agenda management system and demonstrated how to access upcoming and past City Council and Commission meetings.
E.
CONSENT CALENDAR
Moved by:
Pa'tanisha Pierson, Council Member
Seconded by:
Susannah Meyer, Vice Mayor
Adopt the Consent Calendar as recommended by staff.
Motion Approved
E.1
A Proclamation Recognizing August 2023, as Back to School Month.
1. Back to School Month.pdf
E.2
Cooperative Agreement with East Contra Costa Regional Fee and Financing Authority for funding in the amount of $4,105,641 for the Sand Creek Road Extension.
1. ECCRFFA Cooperative Agreement for Sand Creek Road Extension - Engineering-2023-01.pdf
2. 1. Previous Action.pdf
3. 2. Resolution.pdf
4. 3. Cooperative Agreement No. 27-23.pdf
5. 4. CIP Budget Sheet.pdf
Adopted Resolution 2023-90 approving and authorizing the City Manager or his designee to execute Cooperative Agreement No. 27-23 with the East Contra Costa Regional Fee and Financing Authority (“ECCRFFA”) for funding in the amount of $4,105,641 for the Sand Creek Road Extension, CIP Project No. 336-31700 (“Project”).
E.3
Construction contract for the Creekside Park Pickleball Courts Project
1. Contract for the Creekside Park Pickleball Courts Project-Parks Recreation-2023-13.pdf
2. Attachment 1 - Previous Action.Creekside Pickleball Courts.pdf
3. Resolution .pdf
4. CIP Sheet.pdf
5. Construction Contract.pdf
Adopted Resolution 2023-91 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 Creekside Park Pickleball Courts Project, CIP Project No. 352-52441 to Luma Engineering Contractors Inc., as the lowest responsible and responsive bidder in the amount of $371,562.45, plus funding authorization for a 10% contingency amount of $37,156.24 for additional services for a total authorization not to exceed amount of $408,718.69, 2) amend the FY 2023/24 –2026/27 Capital Improvement Program (CIP) and 3) amend the 2023/24 Operating Budget for the associated project funding transfers.
E.4
Accept the Trilogy Vineyards, LLC, Subdivision No. 8796 masonry wall public improvement for maintenance
1. Acceptance of 8796 Vineyards Masonry Wall - Engineering-2023-02.pdf
2. 1. Previous Action(1).pdf
3. 2. Resolution(1).pdf
4. 3. Site Map.pdf
5. 4. Acceptance Photographs.pdf
Adopted Resolution 2023-92 accepting a portion of Phase I public improvements (Masonry Wall) for maintenance; 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 Trilogy Vineyards, LLC, Subdivision No. 8796.
F.
PUBLIC HEARINGS
F.1
Appeal of the Planning Commission's decision to approve Costco
1. Costco Appeal - Community Development-2023-11.pdf
2. Attachment 1 - Appeal Response.pdf
3. Attachment 2 - Previous Actions.pdf
4. Attachment 3 - WCHB, LLC Appeal Letter.pdf
5. Attachment 4 - Costco Response Letter.pdf
6. Attachment 5 - Draft Resolution MS 351-11.pdf
7. Attachment 6 - Draft Resolution CUP 22-001.pdf
8. Attachment 7 - Draft Resolution DR 22-002.pdf
9. Attachment 8 - Draft Resolution MSP 22-001.pdf
10. Attachment 9 - Costco Project Description.pdf
11. Attachment 10 - Costco Plans.pdf
12. Attachment 11 - Costco Master Sign Program.pdf
13. Attachment 12 - PC Agenda Report - June 20, 2023.pdf
14. Attachment 13 - PC Minutes - June 20, 2023.pdf
15. Attachment 14 - Public Comments before Planning Commission.pdf
16. Attachment 15 - Public Comments after Planning Commission.pdf
17. Attachment 16 - Environmental Analysis.pdf
18. Attachment 17 - Response to Climate Action Coalition Comments.pdf Senior Planner Jennifer Hagen presented the item.
Mayor Bryant opened the public hearing.
Ellis Raskin spoke on behalf of the appellant.
The applicant gave a presentation.
Public comments received prior to the meeting in support of upholding the Planning Commission's decision and to deny the appeal were received from: Annette Beckstrand, Anthony & Janice Khalil, David & Karen Crowe, Laura & Phil Avila, Lorraine Maxson, Maureen Zekman, Robert & Lori Lochner, Anonymous Person, Rebecca Kent, Bill Zuroff, Nick King, Jeannine Sullivan, Sheilah Cunningham, Ronald Cole, Jeremy Jones, Susan Travis, Tammie Macdonald, Darlene Spaulding, Sara Madrigal, Mohib Raza, Michelle Guerrero, Adrian, Renee Swanson, Don Stidham, Tracey Salazar, Daniella Kraj, Peggy B. Perazzo, Barbara Pilling, Robert Kimball, Bezhan, Cynthia & John Rowland, Laurie Nadelman, Linda & Ole Stein, Shannon, Calica Family, Ray Zhang, , Anonymous, Megan Thomas, E A Hannan, Jerry Yao, Marcia Davis, Margaret Taylor, Linda Scott, Raja Tadi, Francisco Alvarez, Laurie Hawley, Jesus Gonzales, Enrique Oropeza, David Nadelman, Ana Echezarreta & family, Suzanne Sprague, Michael Doran, Alfredo Remorin, Cathyln White Guerra, Bridget, Lydia Moon, Rick Wolfe, Ralph & Cheri Cole, Shoab Siddiqi, Mirella Andrade, Dennis Linsmeier, Derrick Lewis, Dawn O'Sullivan, Melissa Jensen, Lilian Splaine, Yun Shen, Catherine Mayes, Solo Velo, Margaret Yray, Kay Sexton, Sandra Myers, Nicole Xavier, John Cadigan, Christina Sco, Alison Overzet, Alora Martinez, Joy Gonsolin, Jennifer Lima, Dan Icenogle, Leslie Stanley, Lea M, Joe Ely, Elissa Welch, Carol Ramsey, Dean Davis, Richard & Adrienne Lazzaro, David & Elizabeth Harris, Anonymous, Tracy DeLucia, Louise Sakotani, Jen McVicker, Savio, Rose Mary Marquez, Sergio Verbis, Nona & Robert Jacobsen, Sue Jenlink, Camilla Jenkins, Mary & Dane Martinez, Dan McDonald, Robert Chuck, Bernadette Buchanan, Chris Hatcher, David Burkhalter and John Reeves Public comments received prior to the meeting requesting the City Council uphold the appeal were received from: Lawrence Finney Arnold LLP on Behalf of Contra Costa Climate Action Coalition, Ellis F. Raskin, and Hansen Bridgett Additional emails and letters with comments were received from: West Coast Home Builders, Bruce Ole Olsen, and Amy R. Lopez of Kittleson & Associates Karri Reiser, Sandra Myers, Janice Khalil, Anthony Khalil, Danny Dohrmann, Paul Badliff, Ian Cohen, Carolina Villaseca, and Marisol Valles spoke in support of upholding the Planning Commission's decision and denying the appeal.
Patricia Alfsen, Maureen Hatfield, Buck Kleckver, and Annette Holdiman submit a speaker card in support of upholding the Planning Commission's decision and denying the appeal.
Andrew Becker spoke in support of approving the appeal.
Bruce Ohlson spoke in neutral position of the project with concerns about the construction of infrastructure in the vicinity of the Costco store.
There being no one else wishing to speak, Mayor Bryant closed the public hearing.
City Council was in recess from 9:45 p.m. and resumed session at 10:01 p.m.
Moved by:
Jovita Mendoza, Council Member
Seconded by:
Susannah Meyer, Vice Mayor
Adopted Resolution 2023-93 denying the appeal of and approving the tentative parcel map.
Ayes (5)
Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor Motion Approved (5 to 0)
Moved by:
Susannah Meyer, Vice Mayor
Seconded by:
Tony Oerlemans, Council Member
Adopted Resolution 2023-94 denying the appeal of and approving the Conditional Use Permit.
Ayes (5)
Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor Motion Approved (5 to 0)
Moved by:
Pa'tanisha Pierson, Council Member
Seconded by:
Susannah Meyer, Vice Mayor
Adopted Resolution 2023-95 denying the appeal of and approving the Design Review.
Ayes (5)
Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor Motion Approved (5 to 0)
Moved by:
Tony Oerlemans, Council Member
Seconded by:
Pa'tanisha Pierson, Council Member
Adopted Resolution 2023-96 denying the appeal of and approving the Master Sign Program.
Ayes (5)
Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor Motion Approved (5 to 0)
G.
BUSINESS ITEMS
G.1
Streaming Options for Public City Meetings and Possible City Council Direction
1. Streaming Options For Public City Meetings and Possible City Council Direction.pdf Assistant City Manager Darin Gale presented the item.
Mayor Bryant opened the public comment period.
Carolina Villaseca spoke in support of the continuation of streaming public meetings.
There being no one else wishing to speak, Mayor Bryant closed the public comment period.
Moved by:
Pa'tanisha Pierson, Council Member
Seconded by:
Susannah Meyer, Vice Mayor
Received the report and directed staff to continue streaming/recording City Council meetings on the City's website, YouTube, and Zoom; to continue streaming /recording City Council Standing Committees, Arts Commission, Youth Commission and Parks & Recreation Commission to the City’s website and Zoom; to a dd YouTube streaming for Planning Commission meetings after fully implementing the City’s new agenda management system this fall; and to not add additional streaming platforms at this time.
Ayes (5)
Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Tony Oerlemans, Council Member, Pa'tanisha Pierson, Council Member, and Joel Bryant, Mayor Motion Approved (5 to 0)
G.2
Compensation for Planning, Park & Recreation, Arts, and Youth Commissioners.
1. Compensation for Planning Parks and Recreation and Arts Commissioners - City Manager-2023-15(1).pdf
2. Attachment 1 - Previous Action(1).pdf
Assistant City Manager Darin Gale presented the item.
Mayor Bryant opened the public comment period.
Carolina Villaseca spoke in favor of consideration of an increase in compensation to Planning Commissioners.
Nicole Xavier spoke in favor of consideration of an increase in compensation to Planning Commissioners.
Denise Duran spoke in opposition of an increase in compensation to commissions.
Marisol Valles spoke in favor of consideration of an increase in compensation to Planning Commissioners.
There being no one else wishing to speak, Mayor Bryant closed the public comment period.
Moved by:
Pa'tanisha Pierson, Council Member
Seconded by:
Jovita Mendoza, Council Member
Directed staff to prepare a Resolution increasing the compensation for Planning Commission members in the amount of $300 per month.
Ayes (5)
Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor Motion Approved (5 to 0)
G.3
Fiscal Year 2023/2024 Pay Schedule
1. Brentwood Pay Schedule July 2023 - Human Resources-2023-01(2).pdf
2. Attachment 1 - Previous Action Pay Schedule 2023(2).pdf
3. Resolution(1).pdf
4. 23-24 Pay schedule(1).pdf
Human Resources Director Sukari Beshears presented the item.
Mayor Bryant opened the public comment period.
There being no one wishing to speak, Mayor Bryant closed the public comment period.
Moved by:
Susannah Meyer, Vice Mayor
Seconded by:
Pa'tanisha Pierson, Council Member
Adopted Resolution 2023-97 approving the Fiscal Year 2023/2024 Pay Schedule and authorizing the City Manager or Designee, in consultation with the City Attorney, to make ministerial revisions to it.
Ayes (5)
Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Tony Oerlemans, Council Member, Pa'tanisha Pierson, Council Member, and Joel Bryant, Mayor Motion Approved (5 to 0)
G.4
Consideration of amendments to the 2023 Proclamations list to include recognition of select military holidays
1. Update to 2023 Proclamation List - City Manager-2023-16.pdf
2. Previous Action(3).pdf
3. 2023 Proclamations Redlined.pdf
4. 110-4 ceremonial documents.pdf
City Clerk Margaret Wimberly presented the item.
Mayor Bryant opened the public comment period.
Al Del Grande spoke in support of adding proclamations recognizing military and Veteran holidays and requested Vietnam War Veterans Day be added to the proclamation list.
Bill Weber spoke in support of adding proclamations recognizing military and Veteran holidays and requested these days be added to the City's calendar.
Carolina Villaseca spoke in support of adding a proclamation recognizing the Veterans of the Vietnam War.
Rod Flohr spoke in support of adding a proclamation recognizing the Veterans of the Vietnam War.
There being no one else wishing to speak, Mayor Bryant closed the public comment period.
Moved by:
Pa'tanisha Pierson, Council Member
Seconded by:
Susannah Meyer, Vice Mayor
Approved the amendments to the 2023 Proclamations list to include recognition of select military holidays, as requested by the City Council with the addition of Vietnam Veteran’s Memorial Day which occurs on March 29th of each year.
Ayes (5)
Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor Motion Approved (5 to 0)
H.
REQUEST FOR FUTURE AGENDA ITEMS
H.1
NEW REQUEST(S)
Council Member Pierson requested a future agenda item requesting staff prepare a Resolution supporting the exoneration of the Port Chicago 50.
Council Member Mendoza requested a future agenda item requesting staff prepare a presentation on the Police Department costs assessed for community events, and the Economic Development Grants program procedures.
Council Member Mendoza requested a future agenda item regarding amendments to the Brentwood Municipal Code to prohibit back yard rentals and regulate parties in residential zones.
Vice Mayor Meyer requested a future agenda item requesting staff prepare a summary of 2022 and 2023 and significant pending housing legislation, and their impact on the City of Brentwood.
H.2
REQUESTED ITEM(S)
H.2.1
Request from Council Member Pierson related to the preparation of a cost-benefit analysis for the possible outsourcing of new non-essential budgeted positions at Public Works facilities when the Council is asked to consider those positions.
1. Pierson Cost benefit analysis for rate study additional staff - City Manager-2023-12.pdf
2. Previous Action(1).pdf
Council Member Pierson presented the item.
Mayor Bryant opened the public comment period.
There being no one wishing to speak, Mayor Bryant closed the public comment period.
Moved by:
Pa'tanisha Pierson, Council Member
Seconded by:
Jovita Mendoza, Council Member
Authorized staff to spend time and resources to prepare an informal cost-benefit analysis for the possible outsourcing of new non-essential budgeted positions at the Wastewater and Public Works facilities when the Council is asked to consider those positions.
Ayes (4)
Susannah Meyer, Vice Mayor, Jovita Mendoza, Council Member, Tony Oerlemans, Council Member, and Pa'tanisha Pierson, Council Member Noes (1)
Joel Bryant, Mayor
Motion Approved (4 to 1)
H.2.2
Request from Council Member Pierson for City Council discussion of a discount program for residential utility customers.
1. Council Member Pierson discount program for residential utility customers - City Clerk-2023-08.pdf
2. Previous Action(2).pdf
Council Member Pierson presented the item.
Mayor Bryant opened the public comment period.
There being no one wishing to speak, Mayor Bryant closed the public comment period.
Moved by:
Pa'tanisha Pierson, Council Member
Seconded by:
Susannah Meyer, Vice Mayor
Authorized staff to spend time and resources to research a funding source and budget implications for a new discount program for residential utility customers or to bring back the previous discount program for residential utility customers.
Ayes (5)
Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor Motion Approved (5 to 0)
H.2.3
Request from Council Member Pierson regarding direction to research a funding source and any available budget implications for the reimbursement of residents who make home improvements to support water conservation
1. Pierson reimbursement support water conservation - City Manager-2023-13.pdf
2. Previous Action.pdf
Council Member Pierson presented the item.
Mayor Bryant opened the public comment period.
Rod Flohr spoke in support of the item.
There being no one else wishing to speak, Mayor Bryant closed the public comment period.
Moved by:
Pa'tanisha Pierson, Council Member
Seconded by:
Susannah Meyer, Vice Mayor
Authorized staff to spend time and resources to research a funding source and any available budget implications for the reimbursement of residents who make future home improvements to support water conservation.
Motion Approved
I.
ADJOURNMENT
Moved by:
Pa'tanisha Pierson, Council Member
Seconded by:
Susannah Meyer, Vice Mayor
The City Council adjourned at 11:50 p.m.
Ayes (5)
Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor Motion Approved (5 to 0)
J.
NOTICE AND POSTING STATEMENT