City Council - September 26, 2023
A.
CALL TO ORDER & ROLL CALL
B.
PLEDGE OF ALLEGIANCE
C.
REPORT ON CLOSED SESSION
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 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.
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 September 12, 2023
1. Meeting Minutes - CCM_Sep12_2023.pdf
F.2
A Proclamation Proclaiming September 26, 2023 as Human Resources Professional Day
1. HR Professional Day 2023.pdf
F.3
A Proclamation Proclaiming September 29, 2023 as Veterans of Foreign Wars Day
1. VFW Day 2023.pdf
F.4
A Proclamation Proclaiming October 9, 2023 as Indigenous Peoples' Day
1. Indigenous Peoples' Day 2023.pdf
F.5
A Proclamation Proclaiming October 2023 as Breast Cancer Awareness Month
1. Breast Cancer Awareness Month 2023.pdf
F.6
A Proclamation Proclaiming October 2023 as All Abilities Month
1. All Abilities Month 2023.pdf
F.7
A Proclamation Proclaiming October 2023 as Filipino American Heritage Month
1. Filipino American Heritage Month.pdf
F.8
A Proclamation Proclaiming October 2023 as Polish American Heritage Month
1. Polish American Heritage Month.pdf
F.9
A Proclamation Proclaiming October 2023 as Cyber Security Awareness Month
1. Cyber Security Awareness Day.pdf
F.10
Contract for Brentwood Family Aquatic Complex Pool Heaters Replacement
1. Approve Construction Contract for BFAC Heaters Replacement Project - Parks Recreation-2023-58.pdf
2. Attachment 1 - Previous Action.pdf
3. Resolution.pdf
4. Construction Contract.pdf
Title/Recommendation
Adopt a Resolution approving the contract documents, award the bid, and authorize the City Manager or designee to execute the contract and necessary documents, including the use of contingency amounts, for the Brentwood Family Aquatic Complex pool heaters replacement, to National Aquatics Services, Inc. in the amount of $179,028.13 plus funding authorization for a 10% contingency amount of $17,902.81 for additional services, for a total funding authorization not to exceed amount of $196,930.94; and amend the 2023/24 Parks and LLAD Replacement Fund Operating Budget in the amount of $196,931.
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
Call for review of a tentative parcel map and design review for Lazy Dog restaurant, approved by the Planning Commission on August 15, 2023
1. DR22-011, MS354-22 Lazy Dog Restaurant, Call for Review - Community Development-2023-30.pdf
2. PREVIOUS ACTIONS.pdf
3. CC Resolution MS354-22.pdf
4. CC Resolution DR22-011.pdf
5. Planning Commission Staff Report.pdf
6. Lazy Dog, full plan set.pdf
7. Lazy Dog Sightline Exhibit.pdf
8. Peer Review - Larry Cannon Comments.pdf
9. Adopted Mitigation Measures.pdf
10. Revised Sightline Study.pdf
Title/Recommendation
Staff recommends that the City Council adopt a resolution affirming the Planning Commission approval of a tentative parcel map to subdivide a 5.29-acre parcel (MS 354-22) and a design review (DR 22-011) for a new sit-down restaurant known as Lazy Dog, with related site improvements, located on the south side of Sand Creek Road and the east side of State Route 4 (APN 019-110-074 and a portion of CCWD owned parcel APN 019-110-023), as conditioned by the Planning Commission.
On December 12, 2017, the City Council adopted a City-initiated Mitigated Negative Declaration (MND) (SCH# 2017102022) prepared for the subject site. The Initial Study (IS) for the MND contemplated buildout of the site based on the maximum Floor Area Ratio (FAR) of 0.45, as provided in Table 2.0.2 of the City of Brentwood General Plan Environmental Impact Report (EIR). Based on the size of the project site and the maximum FAR, the site could be developed with a maximum of 103,890 square feet of commercial space and a maximum of 520 parking spaces and remain within the envelope of what was studied in the MND. The proposed parcel map and development FAR falls below the maximum capacity that was contemplated, and therefore no further environmental review would be required.
G.2
Final Engineer’s Report, and confirming and ordering the formation of Landscape & Lighting Assessment District No. 23-1
1. Formation of LLAD 23-1 (Orchard Grove) - Parks Recreation-2023-59.pdf
2. Previous Action.pdf
3. Resolution - Public Hearing for LLAD 23-1 (Orchard Grove).pdf
4. LLAD 23-1 (Orchard Grove)_Formation_FER.pdf
Title/Recommendation
Hold the Public Hearing relating to the formation of Landscape & Lighting Assessment District No. 23-1 (Orchard Grove).
Confirm the formation with a simple majority property owner approval, weighted by assessment amount.
Adopt a Resolution ordering the Formation of Landscape & Lighting Assessment District No. 23-1; ordering improvements and confirming the diagram and assessments as shown in the Landscape & Lighting Assessment District No. 23-1 (Orchard Grove) Fiscal Year 2023-24 Final Engineer’s Report in accordance with provisions of the Streets and Highways Code “Landscaping and Lighting Act of 1972” and California Proposition 218.
H.
BUSINESS ITEMS
H.1
Review of City Council/Administrative Policy Ethics and Conduct Policy 110-5
1. Ethics and Conduct Policy 110 5 update City Manager-2023-40.pdf
2. Attachment 1 - Previous Action(8).pdf
3. 110-5 Ethics and Conduct Policy 2022.pdf
4. Brentwood Letter on Letterhead .pdf
Title/Recommendation
That the City Council discuss and provide direction to staff on potential amendments to City Council/Administrative Policy 110-5, Ethics and Conduct.
H.2
Former Davis Camp Site Historical Display
1. Former Davis Camp Historical Display - City Manager-2023-35.pdf
2. Attachment 1 - Previous Action(7).pdf
3. Attachment 2 - Example Historical Displays.pdf
4. Attachment 3 - Proposed Location for Davis Camp Historical Display.pdf
5. Attachment 4 - Brief History of Davis Camp.pdf
Title/Recommendation
Continue to collaborate with East Contra County Historical Society to design an interpretive historical display that recognizes the significance of the former Davis Camp and its contribution to the history of Brentwood on or near the former Davis Camp property and return with draft layout and design for Council consideration.
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
I.2
REQUESTED ITEM(S)
I.2.a
Consider a Request of September 12, 2023 from Vice Mayor Meyer regarding the Senior Center programming and operations
1. Meyer Overview of Senior Center programs operations by City others - City Manager-2023-34.pdf
2. Attachment 1 - Previous Action(5).pdf
Title/Recommendation
That the City Council consider and discuss the request from Vice Mayor Meyer as stated at the City Council meeting of September 12, 2023, related to the Senior Center programming and operations.
I.2.b
Consider a Request of September 12, 2023, from Council Member Mendoza regarding staffing issues in the Parks and Recreation Department
1. Mendoza Overview of Parks Recreation Department - City Manager-2023-37.pdf
2. Attachment 1 - Previous Action(3).pdf
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza as stated at the City Council meeting of September 12, 2023, related to staffing issues in the Parks and Recreation Department.
I.2.c
Consider a Request of September 12, 2023, from Council Member Pierson regarding Senior Center programming survey and input from the Parks & Recreation Commission regarding the Parks & Recreation Director's evaluation
1. Pierson BMC 2.46.02 Meetings Evaluation - City Manager-2023-32.pdf
2. Attachment 1 - Previous Action(6).pdf
Title/Recommendation
That the City Council consider and discuss the request from Council Member Pierson as stated at the City Council meeting of September 12, 2023, regarding Senior Center Programming and input from the Parks & Recreation Commission regarding the Parks & Recreation Director's evaluation
I.2.d
Consider a Request of September 12, 2023 from Council Member Pierson regarding a review of the adopted Utility Rate Studies, and provide data to Council Member Mendoza to do her own calculations
1. Pierson Utility Rate Study Authorize Mendoza to do calculations - City Manager-2023-33.pdf
2. Attachment 1 - Previous Action(4).pdf
Title/Recommendation
That the City Council consider and discuss the request from Council Member Pierson as stated at the City Council meeting of September 12, 2023, related to a review of the adopted Utility Rate Studies and provide data to Council Member Mendoza to do her own calculations.
I.2.e
Consider a Request of September 12, 2023, from Council Member Mendoza regarding amendments to the Special Events Application
1. Mendoza Special Events Application Requirements for Trash Vendor Placement - City Manager-2023-38.pdf
2. Attachment 1 - Previous Action(2).pdf
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza as stated at the City Council meeting of September 12, 2023, related to amendments to the Special Events Application.
I.2.f
Consider a Request of September 12, 2023, from Council Member Mendoza regarding monitoring of Council Member time and requests of staff
1. Mendoza Accounting of Staff Work Done on Behalf of Council - City Manager-2023-39.pdf
2. Attachment 1 - Previous Action(1).pdf
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza regarding monitoring of Council Member time and requests of staff.
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 21, 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