City Council - September 12, 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
Mayor Bryant led the Pledge of Allegiance.
C.
REPORT ON CLOSED SESSION OF AUGUST 29, 2023
There was no reportable action.
D.
PUBLIC COMMENTS
Dirk Zeigler provided comments requesting sanctions be taken against Council Member Mendoza in response to slanderous comments .
Johnny Rodriguez provided comments thanking Council Member Oerlemans in recognizing Grupo L in honor of Hispanic Heritage month and thanked the Council for supporting La Gran Fiesta.
Anirvin Madhan provided an update on behalf of the Youth Commission.
The following individuals provided comments related to the concerns at the Senior Center and the Parks and Recreation Department:
Mary Kohler
Lidia Campos
Robbie Myers
Maureen Muller
Sandra Torres
Olga Vidriales
Bertha Oseguera Ruiz
Elizabeth Ramirez
Ian Cohen
Nicole Brown
Tony Aguilar provided comments related to the La Gran Fiesta event held over the weekend and expressed appreciation for sponsorships and community support.
Danny Dohrmann provided comments related to the Bridle Gate project.
Carolina Villaseca thanked City staff for completing the road improvement to Fairview between San Jose Avenue and Sand Creek Road and expressed support to the senior community.
Sinziana Todor expressed disappointment in the speaker timer being reduced to three (3) mintues, provided comments related to City leadership, and spoke regarding garbage left behind at the conclusion of the La Gran Fiesta event.
E.
INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS, AND STAFF Council Member Oerlemans thanked the members of the public who provided comments, reported he attended the Tri Delta Transit board meeting, the Police Department's retirement celebration for CSO Brian Decker, Ice Cream with PD at Sip and Scoop, Closed Session City Council meeting, watched the Planning Commission meeting, attended a ribbon cutting at Flabotomy +, La Gran Fiesta in City Park, and attended the Downtown Brentwood Coalition meeting.
Vice Mayor Meyer reported she attended the Bay Area Housing Finance Authority hosted workshop, Contra Costa Elected Women in Leadership Networking Luncheon, attended three (3) sites at Trilogy for Worldwide Play Music on the Porch Day, Congressman DeSaulnier's Town Hall at Contra Costa Animal Services, watched the Planning Commission meeting, attended a League of California Cities Mayors and Council Members Department Planning meeting for upcoming conference in Sacramento, attended a screening and community discussion of "Who We Are: A Chronicle of Racism in America, the Mayors Conference, and spoke with members of the Senior Center, nonprofits, and other cities related to their senior centers.
Council Member Mendoza thanked the public for attending and bringing their concerns to the Council, reported she attended the Bay Area Housing Finance Authority hosted workshop, the Latino Caucus Public Relations and Strategy Committee meeting, board meeting for the Latino Caucus, League of Women Voters informational meeting around housing, Contra Costa Elected Women in Leadership Networking Luncheon, California Alliance of Local Electeds (CALE), Congressman DeSaulnier's Town Hall at Contra Costa Animal Services, watched the Planning Commission meeting, attended the Mayors Conference, National Association for the Advancement of Colored People (NAACP) Freedom Fund banquet, Worldwide Play Music on the Porch Day, Downtown Brentwood Coalition meeting, and attended the Closed Session City Council meeting.
Council Member Pierson reported she received multiple calls from residents related to the Senior Center, attended the Closed Session City Council meeting, met with Peckham and McKenney regarding the City Attorney recruitment, attended the "Here I Am: Communities United Against Antisemitism" initiative, thanked Tony Aguilar and the Chamber for their work putting together the La Gran Fiesta event, and thanked the public for attending and speaking.
Mayor Joel Bryant thanked the public for attending and voicing their concerns, reported he attended the Mayors Conference, the Habitat Conservancy Board meeting, the Police Department's retirement celebration for CSO Brian Decker, Tri Delta Transit board meeting, and met with directors of the "Here I Am: Communities United Against Antisemitism" group.
F.
CONSENT CALENDAR
Mayor Bryant pulled Item F.3.
Moved by:
Jovita Mendoza, Council Member
Seconded by:
Susannah Meyer, Vice Mayor
Adopted the Consent Calendar as recommended by staff, with the exception of Item F. 3.
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)
Item F.3
Moved by:
Jovita Mendoza, Council Member
Seconded by:
Tony Oerlemans, Council Member
Grupo L performed and were presented the Proclamation for Hispanic Heritage Month by the City Council, read in English by Council Member Oerlemans and in Spanish by Council Member Mendoza.
Motion Approved
F.1
Minutes of the City Council/Successor Agency meeting of August 22, 2023
1. 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
Grupo L performed and were presented the Proclamation for Hispanic Heritage Month by the City Council, read in English by Council Member Oerlemans and in Spanish by Council Member Mendoza.
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
Moved by:
Jovita Mendoza, Council Member
Seconded by:
Susannah Meyer, Vice Mayor
Adopted Resolution 2023-109 supporting the City of Brentwood's intent to participate in the Green Empowerment Zone (GEZ).
Motion Approved (5 to 0)
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 Moved by:
Jovita Mendoza, Council Member
Seconded by:
Susannah Meyer, Vice Mayor
Approved the City of Brentwood Public Art Priority List as recommended by the Arts Commission and detailed in the Staff Report.
Motion Approved
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
Moved by:
Jovita Mendoza, Council Member
Seconded by:
Susannah Meyer, Vice Mayor
Adopted Resolution 2023-110 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”).
Motion Approved
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
Moved by:
Jovita Mendoza, Council Member
Seconded by:
Susannah Meyer, Vice Mayor
Adopted Resolution 2023-111 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.
Motion Approved
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
Moved by:
Jovita Mendoza, Council Member
Seconded by:
Susannah Meyer, Vice Mayor
Adopted Resolution 2023-112 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.
Motion Approved
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 Moved by:
Jovita Mendoza, Council Member
Seconded by:
Susannah Meyer, Vice Mayor
Approved the City of Brentwood’s response to Civil Grand Jury Report No. 2306, “Affordable Housing: A Plan Without a Home”.
Motion Approved
G.
PUBLIC HEARINGS
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
Director of Finance Kerry Breen and Management Analyst Johnny Bhardwaj presented the item.
Mayor Bryant opened the Public Hearing.
There being no one wishing to speak, it was moved / seconded by Pierson / Mendoza 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:
Tony Oerlemans, Council Member
Adopted Resolution 2023-113 adopting the FY 2023/24 Cost Allocation Plan and Schedule of City Fees Ayes (4)
Susannah Meyer, Vice Mayor, Tony Oerlemans, Council Member, Pa'tanisha Pierson, Council Member, and Joel Bryant, Mayor Noes (1)
Jovita Mendoza, Council Member
Motion Approved (4 to 1)
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
Director of Community Development Alexis Morris presented the item.
Mayor Bryant opened the Public Hearing.
Ian Cohen, Alison Chiu, Carolina Villaseca, Rohan Tyagi spoke in support of the continuance.
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 continued 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
).
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.
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 Associate Planner Sarah Yuwiler presented the item.
Mayor Bryant opened the public comment period.
Jeff Rhoades, Robert Wantuck, and Gary Bellitt spoke in favor of the approval of this project.
Joel Keller spoke on behalf of the applicant.
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
Adopted Resolution 2023-114 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 with amendments to include black chain link, black slats that should be maintained, with ivy going around it to cover the chain link fencing, with 10 foot lights.
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
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
Finance Director Kerry Breen presented the item.
Mayor Bryant opened the public comment period.
There being no one wishing to speak, Mayor Bryant closed the public comment period.
Adopted Resolution 2023-115 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. The definition of Permanently Disabled to include not only the applicant, but also the spouse or dependent child should they meet the requirements.
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.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
Director of Public Works Casey Wichert 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
The City Council received an update and provided feedback on the initial concepts for the Parking Garage Security & Safety Enhancements Project, CIP Project No. 337-37262 with direction to be mindful of the budget when looking at the dynamic sign to include various options as discussed.
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.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
Moved by:
Pa'tanisha Pierson, Council Member
Seconded by:
Susannah Meyer, Vice Mayor
Adopted Resolution 2023-116 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.
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.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
City Manager Tim Ogden 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:
Jovita Mendoza, Council Member
Seconded by:
Pa'tanisha Pierson, Council Member
Adopted Resolution 2023-117 designating the Mayor Bryant as the voting delegate with Vice Mayor Meyer as the alternate for the 2023 League of California Cities Annual Conference.
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.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 Human Resources Director Sukari Beshears presented the item.
Mayor Bryant opened the public comment period.
Olga Vidriales, Gerald Johnson, and Mike Luker provided comments in support of approving 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:
Tony Oerlemans, Council Member
Adopted Resolution 2023-118 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 Ayes (3)
Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor Noes (2)
Jovita Mendoza, Council Member, and Susannah Meyer, Vice Mayor Motion Approved (3 to 2)
I.
REQUEST FOR FUTURE AGENDA ITEMS
I.1
NEW REQUEST(S)
Council Member Pierson requested:
1. The Parks and Recreation Commission hold a public meeting on the senior center programming and facility usage and that they are asked to conduct an investigation, to include surveying staff and members of the public for the purpose of obtaining facts and data concerning direct programs and staffing. Additionally, that the Park and Recreation Commission be included in the next evaluation of the Parks and Recreation Director, with this information reported to the City Council.
2. Staff to re-review the rate study after having reviewed Council member Mendoza's calculations and to provide her with information necessary to do her calculations.
Vice Mayor Meyer requested:
1. A top to bottom overview of Senior Center operations.
Council Member Mendoza requested:
1. An internal investigation on employee rights within the Parks and Recreation Department as a whole,
2. Look at event agreements, specifically related to post-event clean-up requirements. Add language to special even application conditions. Additionally, ensure competing vendors are separated, create a vendor map in advance of an event, check with other cities for best practices as it relates to vendors and competing businesses.
3. Establish a process to monitor the amount of time each Council Member is spending with staff.
J.
ADJOURNMENT
It was moved/seconded by Oerle to adjourn at 11:19 p.m. in memory of September 11