City Council - August 22, 2023
A.
CALL TO ORDER & ROLL CALL
B.
PLEDGE OF ALLEGIANCE
Presentation of Colors and Pledge of Allegiance by Boy Scout Troops 21 and 22
C.
PUBLIC COMMENTS
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. 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.
Persons are required to limit their remarks to five (5) minutes unless an extension of time is granted by the Mayor subject to approval of the City Council/Successor Agency. Speakers desiring answers to questions should direct them to the Council/Successor Agency and, if relevant, they may direct them to the appropriate staff member. Speakers can also follow up directly with staff during regular City business hours.
D.
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.
E.
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 and will be considered separately.
E.1
Minutes of the City Council/Successor Agency meeting of August 8, 2023
1. Meeting Minutes - CCM_Aug08_2023.pdf
E.2
A Proclamation Proclaiming September 2023 as Childhood Cancer Awareness Month
1. Childhood Cancer Awareness Month 2023.pdf
E.3
A Proclamation Proclaiming September 2023 as National Senior Center Month
1. National Senior Center Month 2023.pdf
E.4
A Proclamation Proclaiming September 11, 2023, as Patriot Day
1. Patriot Day 2023.pdf
E.5
A Proclamation Proclaiming September 10th through September 16th as Suicide Prevention Week
1. Suicide Prevention Week 2023.pdf
E.6
An agreement with Governmentjobs.com, Inc. dba NEOGOV to provide Onboard and CoreHR software.
1. NEOGOV COREHR AGREEMENT - Human Resources-2023-02.pdf
2. Attachment 1 - Previous Action Midterm Budgement Amendment.pdf
3. Resolution for NEOGOV Onboarding and CoreHR (Benefits).pdf
4. Exhibit A - NEOGOV Agreement.pdf
Title/Recommendation
Adopt a Resolution authorizing the City Manager to enter into an agreement with Governmentjobs.com, Inc. dba NEOGOV to provide Onboard and CoreHR software. This will integrate employee life cycle information, streamline work processes, and create workflow efficiencies within one system.
E.7
Initiating and declaring the intention to order the formation of Landscape & Lighting Assessment District No. 23-1
1. Resolution of Initiation for LLAD 23-1 (Orchard Grove) - Parks Recreation-2023-18.pdf
2. Previous Action(1).pdf
3. Resolution(1).pdf
4. Preliminary Engineer's Report LLAD 23-1 (Orchard Grove).pdf Title/Recommendation
Adopt a resolution initiating and declaring the intention to order the formation of Landscape & Lighting Assessment District No. 23-1 (Orchard Grove); declaring the intention to levy and collect assessments; and setting the date of September 26, 2023, at 7:00 p.m. or at such time thereafter that the matter can be heard for the Public Hearing in accordance with the provisions of the Streets and Highways Code “Landscaping and Lighting Act of 1972” and California Proposition No. 218.
E.8
Setting the General Obligation Bond Tax Rate of .0046% for the 2023/24 tax roll
1. FY2324 General Obligation Bond Tax Rate - Finance and Information Systems-2023-14.pdf
2. Attachment 1 - Previous Action(3).pdf
3. FY2324 Resolution.pdf
Title/Recommendation
Adopt a resolution adopting the General Obligation Bond Tax Rate of .0046% for the 2023/24 property tax roll and requesting submittal to Contra Costa County.
E.9
Purchase of two replacement pumps for the Return Activated Sludge pump station.
1. Two Replacement WWTP RAS Pumps - Public Works-2023-13.pdf
2. Previous Action.pdf
3. Resolution.pdf
4. Quote.pdf
Title/Recommendation
Adopt a Resolution approving and authorizing the City Manager or his designee to execute any necessary documents to purchase two replacement Return Activated Sludge (RAS) pumps, manufactured by Pentair Fairbanks Nijhuis, for the Wastewater Treatment Plant (WWTP) from JM Squared Associates, Inc. in an amount not to exceed $118,682; and authorizing staff to amend the FY 2023/24 Wastewater Replacement Fund Operating Budget in the amount of $118,682.
E.10
Compensation Adjustment for Planning Commissioners
1. Compensation Adjustment for Planning Commissioners - City Manager-2023-22 - City Manager-2023-23.pdf
2. Attachment 1 - Previous Action(2).pdf
3. Attachment 2 - Resolution.pdf
Title/Recommendation
Adopt a Resolution 1) approving a $100 monthly increase to the Planning Commission compensation; and 2) Amending the FY 2023/24 General Fund Operating Budget for the increased costs
E.11
Accept the park and landscaping improvements for Pioneer Park and Miwok Avenue Entry of the Vineyards at Marsh Creek development.
1. Marsh Creek Pioneer Park and Miwok Ave Project Acceptance - Parks Recreation-2023-15.pdf
2. Vineyards at Marsh Creek Pioneer Park and Miwok Ave Previous Actions.pdf
3. Vineyards at Marsh Creek Pioneer Park Miwok Ave Entry RESO.pdf
4. Vineyards at Marsh Creek Pioneer Park and Miwok Ave Location Map.pdf
5. PIONEER PARK ACCEPTANCE PHOTOS.pdf
Title/Recommendation
Adopt a Resolution accepting the park and landscaping improvements on Parcel ‘SS’ (Pioneer Park) and Miwok Avenue Entry of the Vineyards at Marsh Creek development, Subdivision 8796 (Miwok Avenue Entry) for maintenance by the City and request that the City Clerk file this Resolution with the Recorder of Contra Costa County.
E.12
Police Department’s Purchase of patrol rifles from LC Action Police Supply.
1. Rifle Purchase - Police-2023-02.pdf
2. Resolution Patrol Rifles Final.pdf
Title/Recommendation
Staff recommends Council adopt a resolution approving an amount not to exceed $75,000 for the purchase of 60 Colt “EPR” L.E. carbine, 11.5” barrel 5.56 rifles (Colt Rifles), as well as any additional items necessary from LC Action Police Supply, and authorize the City Manager or designee to execute any documents necessary to procure these items.
F.
PUBLIC HEARINGS
Persons addressing the City Council using Zoom are asked to raise their hands using the Zoom feature. Those attending in person and wishing to address the Council may do so from the podium. 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.
F.1
Discussion regarding smoke shops and an interim urgency ordinance extending a moratorium on any new tobacco smoke shop
1. Extension of Tobacco Ordinance Moratorium - Community Development-2023-24.pdf
2. Previous Action - Smoke Shop Moratorium.pdf
3. Proposed Interim Urgency Ordinance - Tobacco Moratorium.pdf Title/Recommendation
It is recommended that the City Council adopt an ordinance extending the interim urgency ordinance that implemented a moratorium on new tobacco smoke shops in the city of Brentwood for an additional period of one year, to September 8, 2024 and provide staff with feedback regarding smoke shop rules and enforcement.
This proposed ordinance is intended to preserve the status quo while the City considers further regulations on tobacco sales and distribution. The ordinance will not cause a direct physical change in the environment, nor a reasonably foreseeable indirect physical change in the environment. This action, therefore, does not constitute the approval of a “project” under the California Environmental Quality Act (CEQA), and it is exempt from CEQA. (Public Resources Code § 21065, State CEQA Guidelines §§ 15060(c)(2)-(3), 15061(b)(3), 15064(d)(3), and 15378(a).)
G.
BUSINESS ITEMS
G.1
Convert for Cash Water Conservation Rebate Program and Guidelines.
1. Convert for Cash Water Conservation Program - Public Works-2023-11.pdf
2. Previous Action(2).pdf
3. Resolution(2).pdf
4. Convert for Cash Guidelines.pdf
Title/Recommendation
Adopt a Resolution approving the Convert for Cash Water Conservation Rebate Program and Guidelines which provide rebates for conversion of landscape to water efficient plants and drip irrigation, as well as replacement of appliances with water efficient models, in order to support continued efforts to use water more efficiently.
H.
REQUEST FOR FUTURE AGENDA ITEMS
H.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
H.2
REQUESTED ITEM(S)
H.2.a
Request from Mayor Bryant for a draft ordinance related to enclosures for grazing animals used for weed control.
1. Requested Item Bryant - Grazing Animals - City Manager-2023-25.pdf
2. Attachment 1 - Previous Action(1).pdf
Title/Recommendation
That the City Council consider and discuss the request from Mayor Bryant for City Council discussion of, and possible direction to staff to prepare a draft ordinance related to enclosures for grazing animals used for weed control.
H.2.b
Request from Vice Mayor Meyer to provide suggestions to the County for amendments codes related to animals being kept outdoors during extreme heat.
1. Requested Item Meyer - updates to codes re animals - City Manager-2023-26.pdf
2. Attachment 1 - Previous Action.pdf
Title/Recommendation
That the City Council consider and discuss the request from Vice Mayor Meyer to provide suggestions to the County for amendments to codes related to animals being kept outdoors during extreme heat.
H.2.c
Requests from Vice Mayor Meyer and Council Member Mendoza for City Council discussion of, and possible direction to staff regarding amendments to Brentwood Municipal Code Chapter 5.74, Lost, Stolen, or Abandoned Shopping Carts
1. Requested Item Mendoza and Meyer - City Manager-2023-27.pdf
2. Attachment A.pdf
3. Attachment B.pdf
Title/Recommendation
That the City Council consider and discuss the written requests from Vice Mayor Meyer and Council Member Mendoza for City Council discussion of, and possible direction to staff to spend staff time and resources regarding amendments to Brentwood Municipal Code Chapter 5.74, Lost, Stolen, or Abandoned Shopping Carts to include consideration of removal of fines for retailers, process for notifying retailers, and enforcement related to stolen carts.
H.2.d
Request from Council Member Mendoza for staff to prepare an informational report and potential updates to the Urgency Ordinance related to the moratorium for any new tobacco smoke shops in the City, to include recent approvals and guidelines.
1. Requested Item Mendoza - Smoke Shop Moratorium - City Manager-2023-28.pdf
2. Attachment 1 - Previous Action(5).pdf
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza for staff to prepare an informational report and potential updates to the Urgency Ordinance related to the moratorium on any new tobacco smoke shops in the City, to include recent approvals and guidelines
H.2.e
Request from Council Member Mendoza for staff to prepare a local ordinance related to liquor licenses, with the ordinance defining “schools” and regulating proximity to specific uses.
1. Requested Item Mendoza - Liquor Lic and Schools - City Manager-2023-29.pdf
2. Attachment 1 - Previous Action(4).pdf
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza for staff to prepare a local ordinance related to liquor licenses, with the ordinance defining “schools” and regulating proximity to specific uses.
I.
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.
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 August 17, 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