City Council - September 12, 2023
A.
CALL TO ORDER & ROLL CALL
B.
PLEDGE OF ALLEGIANCE
C.
REPORT ON CLOSED SESSION OF AUGUST 29, 2023
D.
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 will be taken at 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.
E.
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.
F.
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.
F.1
Minutes of the City Council/Successor Agency meeting of August 22, 2023
1. Post-Meeting Minutes - CCM_Aug22_2023 - English.pdf
F.2
Minutes of the Special City Council meeting of August 29, 2023
1. Post-Meeting Minutes - SCC_Aug29_2023.pdf
F.3
A Proclamation Proclaiming September 15 to October 15 as Hispanic Heritage Month
1. Hispanic Heritage Month.pdf
F.4
Consideration of the City of Brentwood’s intent to participate in the Green Empowerment Zone and the taking of implementing actions
1. Green Empowerment Zone - City Manager-2023-24.pdf
2. Attachment 1 - Previous Action.pdf
3. Attachment 2 - Resolution.pdf
4. Attachment 3 - Assembly Bill No. 844.pdf
Title/Recommendation
Adopt a resolution supporting the City of Brentwood’s intent to participate in the Green Empowerment Zone (GEZ) Confirm the Appointment of Mayor Joel Bryant to represent the City of Brentwood as the City’s representative to the GEZ Board of Directors, and Darin Gale, Assistant City Manager, to serve as the Mayor’s alternate Make findings that the above actions are not subject to environmental review pursuant to Public Resources Code Section 21065, and California Environmental Quality Act Guidelines Sections 15060 (C), 15061 (B)(3), and/or 15378.
F.5
Consideration of the Arts Commission recommendation to revise the City Public Art Prioritization List
1. Arts Commission Priority List 2023 - Parks Recreation-2023-22.pdf
2. Attachment 1 Previous Action.pdf
3. Attachment 2 Arts Commission Public Art Prioritization List 071923.pdf Title/Recommendation
Approve the City of Brentwood Public Art Priority List as recommended by the Arts Commission and detailed in the Staff Report.
F.6
BKF Engineers Amendment No. 4 to the Agreement for Design and Environmental Services for the Sand Creek Road Extension
1. Sand Creek Road Extension - BKF Amendment No. 4 - Engineering-2023-04.pdf
2. 1. Previous Action.pdf
3. 2. Resolution.pdf
4. 3. Amendment No. 4.pdf
5. 4. CIP Budget Sheet.pdf
Title/Recommendation
Adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. 4 to the Agreement for Design and Environmental Services (“Agreement”), and necessary documents, including Amendments, with BKF Engineers (“BKF”) in the amount of $181,000, plus funding authorization for a 10% contingency of $18,100, for a total funding authorization not to exceed amount of $1,177,220 for the Sand Creek Road Extension, CIP Project No. 336-31700 (“Project”).
F.7
Notice of Completion for DSS Company dba Knife River Construction for the Pavement Management Program 2023 (Asphalt)
1. Notice of Completion for PMP 2023 (Asphalt) - Engineering-2023-05.pdf
2. 1. Previous Action(1).pdf
3. 2. List of Work Locations.pdf
4. 3. Resolution.pdf
5. 4. Notice of Completion.pdf
Title/Recommendation
Adopt a Resolution accepting the work performed by DSS Company dba Knife River Construction (“Contractor”) for the Pavement Management Program 2023 (Asphalt), CIP Project No. 336-31702 (“Project”); and requesting the City Clerk file a Notice of Completion with the County Recorder.
F.8
Accept landscaping improvements on Parcel ‘A’, the O’Hara Avenue landscape frontage, and the Natwick Way in-tract improvements at DeNova Homes development (Subdivision 9519)
1. DeNova Homes - Bennett Estates - Parks Recreation-2023-47.pdf
2. Previous Action - Planning Commission Resolution No. 20-003.pdf
3. Resolution - DeNova Homes Bennett Estates.pdf
4. Location Map - DeNova Homes Bennett Estates.pdf
Title/Recommendation
Adopt a Resolution accepting the water quality basin on Parcel ‘A’, the O’Hara Avenue landscape frontage, and the Natwick Way in-tract improvements at DeNova Homes development (Subdivision 9519) for maintenance by the City and request that the City Clerk file this Resolution with the Recorder of Contra Costa County.
F.9
Response to Contra Costa Civil Grand Jury Report No. 2306
1. City of Brentwood's Response to Grand Jury Report No. 2306 - Community Development-2023-27.pdf
2. City of Brentwood's Response to Grand Jury Report No. 2306.pdf
3. 2022-2023 Grand Jury Report No. 2306, Affordable Housing- A Plan Without a Home.pdf Title/Recommendation
It is recommended that the City Council consider the City of Brentwood’s response to Civil Grand Jury Report No. 2306, “Affordable Housing: A Plan Without a Home” and Approve the City Manager’s response.
G.
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.
G.1
Adoption of the FY 2023/24 Cost Allocation Plan and Schedule of City Fees
1. FY 2023–24 Cost Allocation Plan - Finance and Information Systems-2023-17.pdf
2. 2023-24 CAP Previous Action.pdf
3. FY 2023–24 CAP Resolution.pdf
4. CAP 2023-24 FINAL.pdf
Title/Recommendation
Adopt a Resolution 1) adopting the FY 2023/24 Cost Allocation Plan and Schedule of City Fees; 2) making certain supporting findings, including the inapplicability of the California Environmental Quality Act to these actions pursuant to Sections 15061, 15273, and 15378 of the State CEQA Guidelines; 3) imposing said fees; 4) establishing a process for waiving or adjusting certain fees; 5) adding certain new Community Development, Police and Public Works fees; and 6) repealing Resolution 2022-122, which adopted the FY 2022/23 Cost Allocation Plan and Schedule of City Fees.
G.2
Continuance of a public hearing for the consideration of ordinances enacting a permanent ban on all oil and gas development operations in the City, and more stringent regulatory control measures for existing oil and gas development in the City
1. Continuance of Oil and Gas Drilling Ban Ordinance - Community Development-2023-29.pdf
2. Previous Action - Oil and Gas Ordinances.pdf
Title/Recommendation
It is requested that the Council continue the public hearing on the ordinances to October 10, 2023, to allow staff and the City’s legal counsel an opportunity to further analyze the effect on the proposed ordinances of the recently decided California Supreme Court decision in Chevron U.S.A. Inc.
,
et.
al. v. County of Monterey
(
Chevron
).
H.
BUSINESS ITEMS
H.1
Call for Review of the Design Review Amendment DR 20-009 A2 for a paved outdoor equipment storage and maintenance yard associated with the Brentwood Golf Club located at 100 Summerset Drive (APN 010-020-016)
1. Call for Review-Brentwood Golf Course Maintenance Yard - Community Development-2023-26(1).pdf
2. Attachment 1- Previous Actions(1).pdf
3. Attachment 2- Draft City Council Resolution(1).pdf
4. Attachment 3- Project Plans(1).pdf
5. Attachment 4- Project Description(1).pdf
6. Attachment 5- Public Comment(1).pdf
7. Attachment 6- August 17, 2021 Planning Commission Staff Report and Plans(1).pdf
8. Attachment 7- September 20, 2022 Planning Commission Time Extension Staff Report (without attachments)(1).pdf
9. Attachment 8- August 1, 2023 Staff Report (without attachments)(1).pdf Title/Recommendation
Staff recommends that the City Council adopt a resolution affirming the Planning Commission approval of a design review amendment (DR 20-009 A2) to eliminate the previously approved maintenance building and allow for an approximately 26,460 square foot paved and fenced outdoor equipment storage and maintenance yard, relocation of an existing above-ground gasoline fueling tank, new putting green, and construction of bio-retention basins associated with the Brentwood Golf Club, located at 100 Summerset Drive, as conditioned.
The City previously certified an Environmental Impact Report SCH# 1991013066 (EIR 90-4) and subsequent Mitigated Negative Declaration (MND) regarding Vesting Tentative Subdivision Map No. 7939 and Planned Development Zone (PD-21). The proposed use was included within the scope and analysis contained in those environmental documents. Therefore, per 14 CCR §§ 15162 and 15164, no additional environmental review is necessary for the requested design review at this time.
H.2
Establish a Low Income Senior/Permanent Disability Discount Program for Solid Waste and Water Utility Services
1. Utility Billing Discount Program - Finance and Information Systems-2023-16.pdf
2. Previous Action.pdf
3. Resolution - Utility Discount.pdf
4. Exhibit A.pdf
Title/Recommendation
Adopt a resolution re-establishing a Discount Program to provide a discount of 50% on fixed water utility base meter charges and a discount of 33% on solid waste utility 32-gallon garbage cart service for qualified, Low-Income Seniors/Permanently Disabled persons.
H.3
Update and Discussion on the Parking Garage Security & Safety Enhancements Project, CIP No. 337-37262
1. Parking Garage Concept Approval - Engineering-2023-06.pdf
2. 1. Previous Action(2).pdf
3. 2. CIP Budget Sheet.pdf
Title/Recommendation
That the City Council receives an update and provides feedback on the initial concepts for the Parking Garage Security & Safety Enhancements Project, CIP Project No. 337-37262 (“Project”).
H.4
Brentwood Unified School District Solid Waste Billing Adjustment
1. Brentwood Unified School District Solid Waste Billing Correction - Public Works-2023-12.pdf
2. Previous Action(1).pdf
3. Resolution.pdf
4. BUSD Incorrect Billing Summary.pdf
Title/Recommendation
Adopt a Resolution to write-off Brentwood Unified School District’s outstanding receivable balance of $290,036.25 relating to under billed Solid Waste collection services prior to 2023.
H.5
Designation of the Voting Delegate and an alternate for the 2023 League of California Cities Annual Conference
1. 2023 League of California Cities Annual Conference Voting Delegate - City Manager-2023-30.pdf
2. Resolution 2023 LCCAC Voting Delegate.pdf
Title/Recommendation
Adopt a Resolution designating the Vice Mayor and an alternate as the City’s voting delegate for the 2023 League of California Cities Annual Conference.
H.6
Approving the Fourth Amendment to the Employment Agreement between the City of Brentwood and City Manager Tim Ogden, and amending the FY 2023/2024 General Fund Operating Budget
1. 4th Amendment to the City Manager Contract - Human Resources-2023-03(1).pdf
2. Attachment 1 - Previous Action(2).pdf
3. Attachment 2 - Resolution(1).pdf
4. Attachment 3 Fourth Amendment to City Manager Amended Employment Agreement(1).pdf Title/Recommendation
The proposed action will amend the City Manager’s employment agreement to reflect a salary increase, and other contractual terms as outlined and amend the FY 2023/2024 General Fund Operating Budget.
I.
REQUEST FOR FUTURE AGENDA ITEMS
I.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
J.
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 September 7, 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