City Council - November 14, 2023
A.
CALL TO ORDER & ROLL CALL
B.
PLEDGE OF ALLEGIANCE
C.
PUBLIC COMMENTS
Pursuant to Council/Administrative Policy, Meeting Rules and Procedures section 5.2 (Decorum Generally – Public), comments by members of the public are generally limited to five minutes, or less time if a large number of speakers is anticipated, or if approved by the Mayor. 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.
Please file a speaker’s card with the City Clerk on the form provided on the counter at the back of the Chambers.
During this portion of the meeting those present in the Council Chambers are permitted to speak on items that are listed under Presentations; Informational Reports; Consent Calendar; Requests for Future Agenda Items- New Items; or items not on the agenda during this portion of the meeting. Public comments for scheduled agenda items should wait until that time.
Zoom participation during this general public comment period will not be accepted.
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 October 24, 2023
1. Meeting Minutes - CCM_Oct24_2023.pdf
E.2
A Proclamation Proclaiming Saturday, November 25, 2023, as Small Business Saturday
1. Small Business Saturday Proclamation.pdf
E.3
A Proclamation Proclaiming November 12, 2023, as a day to celebrate Diwali
1. Diwali Proclamation.pdf
E.4
A Proclamation Proclaiming December 2023 as National Giving Month.
1. National Giving Month.pdf
E.5
An Affordable Housing Agreement between the City of Brentwood and Shea Homes for Orchard Grove (Subdivision 9535)
1. Affordable Housing Agreement for Orchard Grove Community Development-2023-13.pdf
2. Attachment 1.pdf
3. Resolution - Orchard Grove.pdf
4. Affordable Housing Agreement - Orchard Grove FWAs 11-2023.pdf Title/Recommendation
Adopt a resolution authorizing the City Manager to sign an Affordable Housing agreement between the City of Brentwood and Shea Homes for the Orchard Grove project (Subdivision 9535) and such other documents as may be needed to complete the transaction.
E.6
Americans with Disabilities Act Self-Evaluation and Transition Plan Update.
1. ADA Self-Evaluation and Transition Plan Update - Public Works-2023-14.pdf
2. Previous Action(2).pdf
3. Resolution(1).pdf
4. ADA Self-Evaluation and Transition Plan Update.pdf
Title/Recommendation
Staff recommends the City Council adopt a Resolution approving the City’s Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan Update (“Updated Plan”), and authorize the City of Brentwood ADA Coordinator, to develop a schedule for making the structural changes that were needed, and to monitor barrier removal implementation.
E.7
Agreement for Civil Engineering Services with Water Works Engineers, LLC for the Biosolids Dryer/Pyrolysis System Project.
1. Agreement for Design Services for Biosolids Dryer - Engineering-2023-07.pdf
2. 1. Previous Action(2).pdf
3. 2. Resolution(1).pdf
4. 3. Agreement for Civil Engineering Services.pdf
5. 4. CIP Sheet(1).pdf
Title/Recommendation
Staff recommends the City Council adopt a Resolution approving and authorizing the City Manager or designee to execute an Agreement for Civil Engineering Services (“Agreement”), and necessary documents, including Amendments, with Water Works Engineers, LLC in the amount of $986,960, plus funding authorization for a 10% contingency of $98,696, for a total funding authorization not to exceed Agreement amount of $1,085,656 for the Biosolids Dryer/Pyrolysis System (“Project”) as part of the Wastewater Treatment Plant Expansion - Phase II, CIP Project No. 592-59140.
E.8
Amendment No. 2 to the Agreement for Construction Management Services with Psomas for the Wastewater Treatment Plant Expansion.
1. Psomas Amendment No. 2 for the Wastewater Treatment Plant Expansion - Public Works-2023-18.pdf
2. 1. Previous Action(1).pdf
3. 2. Resolution.pdf
4. 3. Amendment No. Two.pdf
5. 4. CIP Sheet.pdf
Title/Recommendation
Adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. Two to the Construction Management Services Agreement (“Agreement”), and necessary documents, including future amendments, with Psomas in the amount of $1,526,204.83, plus funding authorization for a 10% contingency of $152,620.48, for a total funding authorization not to exceed Agreement amount of $6,742,181.36 for the Wastewater Treatment Plant Expansion - Phase II, CIP Project No. 592-59140 (“Project”).
E.9
Fee Waiver for Be Exceptional for Fiscal Year 2023-2024, not to exceed $25,000
1. 2023 Be Exceptional Fee Waiver - Parks Recreation-2023-87.pdf
2. Attachment 1 Previous Action - Be Exceptional.pdf
3. Resolution - Be Exceptional.pdf
4. Attachment 2 Use of City Funds Policy 10-12 2022-101.pdf Title/Recommendation
A Resolution approving a fee waiver for Be Exceptional’s for use of the Brentwood Community Center, Brentwood Senior Activity Center and the Brentwood Skate Park for inclusive programming and programs designed for persons with disabilities.
Staff recommends City Council to adopt a Resolution approving a fee waiver for Fiscal Year 2023/24 in an amount not to exceed $25,000.
E.10
Second Reading of Ordinance No. 1064, Amending the City Council Signature Policy
1. 2nd Reading Signature Policy - City Attorney-2023-04.pdf
2. 1. Previous Action.pdf
3. 2. Ordinance No. 1064.pdf
4. 3. Government Code section 40602.pdf
5. 4. Signature Authority Policy (10-13).pdf
Title/Recommendation
Waive the second reading and adopt Ordinance No. 1064 amending the City Council Signature Authority Policy (10-13) to revise the signature authority of the City Attorney for legal service and personnel investigative service agreements from $50,000 to $75,000.
As the proposed change to the Policy will not cause either a direct physical change in the environment, or a reasonable foreseeable indirect physical change in the environment, it is not a “project” subject to review under the California Environmental Quality Act (CEQA) and thus no environmental review is necessary.
E.11
An Ordinance amending provisions of the Brentwood Municipal Code related to administrative citations and appeal procedures
1. Amend Admin Citations Ordinance - City Attorney-2023-05.pdf
2. 1. Previous Actions.pdf
3. 2. Ordinance.pdf
Title/Recommendation
Staff recommends the City Council introduce and waive the first reading of an ordinance amending provisions of the Brentwood Municipal Code to update outdated chapter and section numbering references; revise Section 1.12.010 (Hearing Officer); revise, in its entirety, Chapter 1.24 (Administrative Citations); and make findings that these actions are exempt from the California Environmental Quality Act based on sections 15061 and 15358 of the Act’s Guidelines.
E.12
Approval of Amendment No. 4 to the Contract for Landscape Maintenance Services with Terracare Associates.
1. Amendment No. 4 to Contract for Landscape Maintenance Services with Terracare Associates.pdf
2. Previous Action.pdf
3. Resolution.pdf
4. Amendment No. 4.pdf
Title/Recommendation
Staff recommends that City Council adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. 4 to the Contract for Landscape Maintenance Services with Terracare Associates for a two-year term from January 1, 2024 to December 31, 2025, in the amount of $9,068,134.15, plus funding authorization of 15% for additional work in the amount of $1,360,220.13, for a total authorized not to exceed contract amount of $22,564,857.98 (for the 5-year contract term that began in January of 2021), and authorize the City Manager or designee to approve necessary documents for the additional work and extensions, if appropriate.
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
Supplemental Mitigated Negative Declaration and Amended Mitigation Monitoring and Reporting Program for the Wastewater Treatment Plant Expansion – Phase II Project.
1. Supplemental Mitigated Negative Declaration for WWTP - Public Works-2023-17.pdf
2. Previous Action(3).pdf
3. Resolution(2).pdf
4. Supplemental Initial Study.pdf
5. Supplemental Mitigated Negative Declaration.pdf
6. Amended Mitigation Monitoring and Reporting Program.pdf
7. Comment Letter - RWQCB.pdf
8. CIP Budget Sheet.pdf
Title/Recommendation
Staff recommends that the City Council adopt a Resolution adopting a Supplemental Mitigated Negative Declaration and Amended Mitigation Monitoring and Reporting Program for the Wastewater Treatment Plant Expansion – Phase II Project, CIP Project No. 592-59140.
F.2
Consideration of a resolution amending the Cost Allocation Plan and Schedule of City Fees to update mitigation fees implementing the East Contra Costa County HCP/NCCP
1. East Contra Costa County HCP-NCCP Fee Update - Community Development-2023-34.pdf
2. Previous Action - HCP Fee Update.pdf
3. HCP Fee Audit and Nexus Study - Draft Resolution - 11.14.23.pdf
4. ECCC HCP-NCCP Mitigation Fee Audit and Nexus Study - February 2023.pdf Title/Recommendation
Adopt a resolution amending the FY 2023/24 Cost Allocation Plan and Schedule of City Fees to update mitigation fees implementing the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP), and repeal and replace Resolution No. 2022-56, which updated the HCP/NCCP fees on April 26, 2022.
G.
BUSINESS ITEMS
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 each business item to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the item shall follow the protocol for Public Comments. Public comment on each of the following items is limited to what is described in the specific agenda item.
G.1
Request for Proposal for Consultant to assist with Brentwood Senior Center Operational Assessment & Citywide Recreational Customer Satisfaction Survey.
1. Brentwood Senior Center Operational Assessment Citywide Recreational Customer Satisfaction Survey.pdf
2. Attachment 1 - Previous Action(1).pdf
3. Attachment 2 - Parks RFP and draft Professional Services Agreement.pdf Title/Recommendation
Authorize staff to issue a Request for Proposal for Consultant to assist with Brentwood Senior Center Operational Assessment & Citywide Recreational Customer Satisfaction Survey.
G.2
Review and discussion of the actions contained within the General Plan Conservation and Open Space Element, including prioritization, implementation status, and cost
1. Conservation and Open Space Element Discussion - Community Development-2023-41.pdf
2. Previous Action - COS Element.pdf
3. General Plan Conservation and Open Space Element.pdf
4. General Plan Conservation and Open Space Element Implementation Table - Chapter 12 - Priority Level.pdf
5. General Plan Conservation and Open Space Element Implementation Table - Chapter 12 - Relative Ease of Implementation.pdf Title/Recommendation
Review and discussion of the actions contained within the General Plan Conservation and Open Space Element, including prioritization, implementation status, and cost. Staff recommends that the Council review the information contained within this report and the attached table, and prioritize those actions remaining to be implemented within their respective terms.
G.3
Consideration and direction related to the cost-benefit analysis for the possible outsourcing of wastewater lateral repair work.
1. Cost-Benefit Analysis for WW Lateral Repair Work - Public Works-2023-16.pdf
2. Previous Action(1).pdf
Title/Recommendation
That the City Council receive the informal cost-benefit analysis for the possible outsourcing of new budgeted positions for the wastewater lateral repair and/or replacement work as identified in and funded by the FY 2023-24 – 2027/28 Wastewater Enterprise Rate Study.
G.4
Lease Agreement with the Downtown Brentwood Coalition (DBC) for use of the Women’s Club located at 648 2nd Street
1. Women's Club Lease Agreement with the Downtown Brentwood Coalition (DBC) - City Manager-2023-74.pdf
2. Attachment 1 - Previous Action.pdf
3. Attachment 2 - Resolution.pdf
4. Attachment 3 - Lease Agreement.pdf
5. Attachment 4 - Building Plans.pdf
Title/Recommendation
Staff recommends that the City Council adopt a resolution authorizing the City Manager to sign a fifty-four (54) month lease with the Downtown Brentwood Coalition (DBC) for the city-owned property commonly referred to as the Women’s Club that is located at 648 Second Street. The DBC will complete and pay for all necessary building and site improvements to support its administrative functions at the site.
H.
REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUESTS
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.
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 November 9, 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