City Council - August 22, 2023
A.
CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 7:00 p.m.
Roll Call found the following members present: Mendoza, Meyer, Pierson, Oerlemans, and Mayor Bryant.
B.
PLEDGE OF ALLEGIANCE
Presentation of Colors and Pledge of Allegiance by Boy Scout Troops 21 and 22.
C.
PUBLIC COMMENTS
Clay Hawley expressed his respect and appreciation to the City Council.
Danny Dohrmann spoke regarding the difference between voting on what is right verse voting on personal preference.
Christina Johnson, Founder and CEO of Ruff Day Rescue, spoke regarding the animal services they provide to the community and announced their upcoming event, Pawtoberfest, on Saturday, October 28, 2023.
Rohan Tyagi provided an update on behalf of the Youth Commission.
Sinziana Todor provided comments expressing disappointment in the Police Department's response to local homeless encampments and provided comments related to the Bridle Gate project.
Carolina Villaseca commented on the Suicide Prevention Week proclamation and stated the City of Oakley is hosting a walk/event in support of suicide prevention on October 7th; Stand Down on the Delta is providing services to Veterans in need of medical and housing services from September 8th - September 11th at the Contra Costa County Fairgrounds; and thanked Council Member Mendoza for calling up the Lazy Dog decision of the Planning Commission.
Akshaj Molukutla, member of Courage of Contra Costa County, provided comments related to tobacco usage within the City of Brentwood.
Sandi, provided comments related to the dog park at Pupperino's Park and inquired on how residents could contribute to the construction/installation of a shade structure.
D.
INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS, AND STAFF Council Member Mendoza attended a forum with Summerset residents, a Bay Area Housing Finance Authority workshop, met with a Hispanic Small Business club, spoke with residents at Trilogy, listened to an update from Assemblywoman Lori Wilson, attended two California Alliance of Local Electeds (CALE) meetings, watched the Planning Commission and pulled the Lazy Dog item for review.
Council Member Pierson attended the community meeting at Police Department related to the incident that occurred on July 25, 2023, met with members of the community and a representative of the county regarding the effects of tobacco on our youth, and watched the Planning Commission.
Council Member Oerlemans met with Bill Weber at the Veteran's Hall, attended the PAL After School Bowling at Bowlero, attended the first annual Community Kids' Market at City Park and the Farmers Market, and watched the Planning Commission meeting.
Vice Mayor Meyer attended a forum with Summerset residents, attended 2 CALE meetings, listened to a presentation by Assemblywoman Lori Wilson, attended the India Independence Day celebration hosted by the Brentwood Indian community team, spoke with several residents regarding the extreme heat and its impact on dogs in Brentwood, and watched the Planning Commission meeting.
Mayor Bryant attended 105th birthday party for longtime Brentwood resident, Ethel Badham, attended the final Concert in the Park, presented certificate of appreciation to the Chabad of the Delta Jewish Center for their efforts to bring unity into the East Bay, attended a Remote Access Network (RAN) meeting, met with a family interested in opening a Mediterranean restaurant, and met with residents regarding water and heat concerns.
City Manager Tim Ogden introduced the new Director of Public Works, Casey Wichert and the new Director of Engineering, Allen Baquilar.
E.
CONSENT CALENDAR
Moved by:
Jovita Mendoza, Council Member
Seconded by:
Susannah Meyer, Vice Mayor
Adopted the Consent Calendar as recommended by staff.
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)
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
Adopted Resolution 2023-101 authorizing the City Manager to enter into an agreement with Governmentjobs.com, Inc. dba NEOGOV to provide Onboard and CoreHR software.
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 Adopted Resolution 2023-102 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
Adopted Resolution 2023-103 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
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
Adopted Resolution 2023-105 approving a compensation Adjustment for Planning Commissioners.
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
Adopted Resolution 2023-106 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
Adopted Resolution 2023-107 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
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 Director of Community Development Alexis Morris presented the item.
Mayor Bryant opened the Public Hearing.
The following members of the public spoke in favor of extending the urgency ordinance:
Emily Chan, Clay Hawley, Gabriella del Rosario, Isabelle Kirske, Michelle Gallardo, Zane Memoa, Ruth Onyeayana, Danny Dohrmann, Rohan Tyuyi, Sanvi Panda, and Carolina Villaseca There being no one else wishing to speak, it was moved / seconded by Mendoza / Pierson to close the Public Hearing, and carried by the following vote:
Ayes (5): Council Member Mendoza, Meyer, Pierson, Oerlemans, and Mayor Bryant Moved by:
Pa'tanisha Pierson, Council Member
Seconded by:
Jovita Mendoza, Council Member
Adopted interim urgency Ordinance 1061 extending a moratorium on any new tobacco smoke shop.
Prior to November, staff is to provide the City Council with an update on enforcement by Community Enrichment and Police Department of violations of state and local laws pertaining to sale of flavored tobacco, including the cost of enforcement, as well as information on:
Implementing a local tobacco retail license system, including maximum amount that can be charged, and how those fees will be spent; 100% flavor ban on tobacco sales;
Prohibiting vaping product sales;
Maximum distance between tobacco retailers and schools that’s allowed by law; Minimum sales sizes (e.g. pack/carton);
Strictest laws for proximity between retailers;
All tobacco sales banned at pharmacies;
Working with law enforcement on decoy purchasers;
Any way to retroactively revoke licenses (if applicable); Minimum prices on tobacco;
Prohibit coupons/discounts;
Aap on smoke shops and tobacco retailers in total;
DOJ grants to support code enforcement;
Require CUP for tobacco sales;
Potential penalties available; and
Bring other best practices from other cities for Council consideration Ayes (5)
Susannah Meyer, Vice Mayor, Jovita Mendoza, Council Member, Tony Oerlemans, Council Member, Pa'tanisha Pierson, Council Member, and Joel Bryant, Mayor Motion Approved (5 to 0)
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
Water Operations Manager James Wolfe 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
Adopted Resolution 2023-108 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.
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)
There were no new requests provided.
H.2
REQUESTED ITEM(S)
H.2.1
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
Mayor Bryant presented the item.
Mayor Bryant opened the public comment period.
Rod Flohr provided comments on how the City's Municipal Code references the right to farm.
Carolina Villaseca provided comments in support of allowing grazing animals for weed control.
There being no one else wishing to speak, Mayor Bryant closed the public comment period.
Mayor Bryant withdrew his request to pursue this future agenda item.
Request Withdrawn
H.2.2
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
Vice Mayor Meyer presented the item.
Mayor Bryant opened the public comment period.
The following members of the public spoke in favor of bringing this item forward:
Christina Johnson, Tera Bozzini, Celest Smith, and Carolina Villaseca 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
City Council directed staff to bring back information on amendments that could be made to Contra Costa County codes related to animals being kept outdoors during periods of extreme heat, including:
Considering whether a definition of animal cruelty can/should be used Tethering limits
Requiring access to cool water
Requiring access to ground other than concrete
Limiting outdoor exposure in extreme heat
County enforcement of County codes
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
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
Council Member Mendoza and Vice Mayor Meyer presented the item.
Mayor Bryant opened the public comment period.
Greg Pitts spoke in favor of bringing this item forward.
There being no one else wishing to speak, Mayor Bryant closed the public comment period.
Moved by:
Jovita Mendoza, Council Member
Seconded by:
Susannah Meyer, Vice Mayor
City Council directed staff to spend staff time and resources to work with local retailers of various sizes to obtain feedback on potential changes to the ordinance, and to prepare revised ordinance for Council consideration.
Ayes (5)
Susannah Meyer, Vice Mayor, Jovita Mendoza, Council Member, Tony Oerlemans, Council Member, Pa'tanisha Pierson, Council Member, and Joel Bryant, Mayor Motion Approved (5 to 0)
H.2.4
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
The subject matter of agenda item was discussed as noticed with Agenda Item F.1, detailed direction was provided to staff as noted in item F.1 above, and no further direction was given to staff on this agenda item.
H.2.5
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
Council Member Mendoza presented the item.
Mayor Bryant opened the public comment period.
Carolina Villaseca spoke in favor of bringing this item forward.
There being no one else wishing to speak, Mayor Bryant closed the public comment period.
Moved by:
Jovita Mendoza, Council Member
Seconded by:
Susannah Meyer, Vice Mayor
City Council directed staff to bring back new definition of “schools” as relevant to uses that sell alcohol, as well as regulations pertaining to the proximity of establishments selling alcohol to specific uses.
Ayes (5)
Susannah Meyer, Vice Mayor, Jovita Mendoza, Council Member, Tony Oerlemans, Council Member, Pa'tanisha Pierson, Council Member, and Joel Bryant, Mayor Motion Approved (5 to 0)
I.
ADJOURNMENT
It was moved/seconded by Council Member Mendoza / Vice Mayor Meyer to adjourn at 10:50 p.m. in honor of Michelle Gallardo's daughter, Sophia Gallardo. The motion carried with the following members in favor: Mendoza, Meyer, Pierson, Oerlemans, and Mayor Bryant.