City Council - December 12, 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 will be taken at that time.
Zoom participation during this general public comment period will not be accepted, except in the event a City Council Member is participating remotely under the provisions of Government Code § 54953(f).
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.
REQUESTED FUTURE AGENDA ITEM(S)
E.1
Consider Requests from Vice Mayor Meyer and Council Member Mendoza related to traffic safety enhancements in the Trilogy subdivision.
1. Requested Item Meyer and Mendoza Trilogy Traffic - City Manager-2023-84.pdf
2. Attachment 1 - Previous Action.pdf
Title/Recommendation
That the City Council consider and discuss the future agenda item requests From Vice Mayor Meyer for continued discussion related to traffic safety mitigation measures for the Trilogy subdivision; and From Council Member Mendoza for an update on traffic solutions being implemented related to the Trilogy Subdivision.
E.2
Consider Requests from Mayor Bryant and Council Member Pierson related to forming a single proclamation from the suggestions to support peace and condemn Islamophobia
1. Requested Item Bryant Pierson Mendoza - City Manager-2023-82.pdf
2. Attachment 1 - Previous Action(1).pdf
Title/Recommendation
That the City Council consider and discuss the requests to form a single proclamation:
From Mayor Bryant for a proclamation in support of peace for all humanity and anti-Islamophobia; and From Council Member Pierson for a proclamation anti-Islamophobia, and to encourage peace in the Middle East and U.S.
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 November 14, 2023
1. Meeting Minutes - CCM_Nov14_2023.pdf
F.2
Notification of the correction of a clerical error in the Solid Waste utility rate schedule.
1. Notification of the correction of a clerical error in the Solid Waste utility rate schedule - Public Works-2023-19.pdf
2. Previous Action.pdf
3. File Memo.pdf
4. Amended Attachment A-1 to Resolution 2023-177.pdf
5. Amended Solid Waste Rate Study Report.pdf
Title/Recommendation
An informational report notifying the Council that City staff will correct an unintended clerical error to the rate schedule in Attachment A-1 of Resolution No. 2023-77 and file an amended solid waste rate study report.
F.3
Award of Contract for Homecoming Park Playground Replacement
1. Award of Contract for Homecoming Park Playground Replacement - Parks Recreation-2023-96.pdf
2. Attachment 1 - Previous Action(5).pdf
3. Resolution(2).pdf
4. Contract.pdf
5. Concept Plans.pdf
6. 2-5 Development Benefits.pdf
7. 5-12 Development Benefits.pdf
8. CIP Sheet .pdf
Title/Recommendation
Staff recommends Council adopt a Resolution 1) approving the purchase and installation of playground equipment for Homecoming Park, and authorizing the City Manager or designee to execute a contract, and necessary documents, in the amount of $287,036.18, plus funding authorization for a 10% contingency amount of $28,703.62, for a total funding authorization not to exceed amount of $315,739.80 with Landscape Structures, Inc. through a Sourcewell Cooperative Purchasing Agreement for Homecoming Park Playground Replacement, CIP Project No. 352-52447; 2) amending the 2023/24 – 2027/28 Capital Improvement Program (CIP); and 3) amending the 2023/24 Operating Budget for the associated project funding transfer.
F.4
Agreement with Axon Enterprises for Police Department Equipment and Services and amending the Operating Budget
1. Axon Enterprises Agreement - Police-2023-03.pdf
2. Axon Previous Action.pdf
3. Axon Resolution.pdf
4. Brentwood Police Dept. - CA - OSP10+ Fleet 3 Advanced + Drone + IR + Licenses Early Renewal 5 Year Binding 11.1.23v2.pdf
5. Brentwood PD (CA) - AXON -Agreement_ MT_11.17.2023.pdf Title/Recommendation
Staff recommends City Council authorize the City Manager or designee to execute an agreement and necessary documents with Axon Enterprises, Inc. in the amount of $1,820,470, plus funding authorization for an additional $150,000 for contingencies, for a total not-to-exceed funding authorization amount of $1,970,470 over a five year term for the purchase and installation of body-worn cameras, in-car video systems, electronic control devices, interview room video and audio equipment, digital evidence storage, unmanned aerial vehicles, and future innovative technologies; and amending the FY 2023/24 General Fund Operating Budget in the amount of $74,830.
F.5
Second Reading of Ordinance No. 1065 amending provisions of the Brentwood Municipal Code related to administrative citations and appeal procedures.
1. 2nd Reading Admin Citations Ordinance - City Attorney-2023-06.pdf
2. 1. Previous Actions.pdf
3. 2. Ordinance No. 1065.pdf
Title/Recommendation
Staff recommends that the City Council waive the second reading and adopt Ordinance No. 1065 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.
F.6
Purchase of twelve replacement and two new Ford vehicles.
1. Purchase of twelve replacement and two new Ford vehicles - Public Works-2023-20.pdf
2. Previous Action .pdf
3. Resolution .pdf
4. Quote.pdf
Title/Recommendation
Staff recommends the adoption of a Resolution:
approving the purchase of 14 vehicles (two new and twelve replacements): 7 Ford F250 trucks (3 for the Parks & Recreation Department, 3 for the Public Works Department, and 1 for the Police Department); 5 Ford F350 trucks for the Public Works Department; and 2 Ford F550 trucks for the Public Works Department, from Bill Brandt Ford in Brentwood, CA; amending the General Fund Street Division 2023/24 Operating Budget in the amount of $46,531; amending the General Fund Parks Landscape Operations 2023/24 Operating Budget in the amount of $31,714; amending the Vehicle and Equipment Replacement Fund 2023/24 Operating Budget in the amount of $309,325; and authorizing the City Manager or designee to execute any necessary documents in an amount not to exceed $1,321,420 for fiscal year 2023/24 for the purchase of these vehicles.
F.7
2022-23 Development Impact Fee Report
1. FY 22-23 Development Impact Fee Report - Finance and Information Systems-2023-21.pdf
2. ATTACHMENT 1 - PREVIOUS ACTION(3).pdf
3. 22-23 DIF Report.pdf
Title/Recommendation
The Development Impact Fee Report ensures compliance with California Government Code Section 66006(b) and 66001(d), which requires an annual report providing specific information about those fees, be prepared and made available to the public. Staff recommends City Council receive and file the 2022-23 Development Impact Fee Report.
F.8
Supplement to the Annual Report on the Low and Moderate Income Housing Fund for Fiscal Year 2022/23.
1. Supplement to the FY 22-23 Low Mod Inc Housing Report - Finance and Information Systems-2023-18.pdf
2. Attachment 1 - Previous Action 22-23 Supplement to Housing annual report.pdf
3. Exhibit A.pdf
Title/Recommendation
The Supplement to the Annual Report on the Low and Moderate Income Housing Fund ensures compliance with Senate Bill 341 requirements for Housing Successors and will be submitted to the Department of Housing and Community Development (HCD) as an addendum to the Annual Progress Report that will be prepared in Spring 2024. Staff recommends that the City Council receive and file the Supplement to the Annual Report on the Low and Moderate Income Housing Fund for Fiscal Year 2022/23. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB341
F.9
Combined Community Facilities District (CFD) Annual Report for Special Taxes Levied for Fiscal Year 2022/23
1. FY2223 Combined CFD Annual Report - Finance and Information Systems-2023-19.pdf
2. Attachment 1 - Previous Action(2).pdf
3. 22-23 Combined CFD Annual Report for Special Taxes Levied.pdf Title/Recommendation
The Combined Community Facilities District (CFD) Annual Report for Special Taxes Levied ensures compliance with Section 50075.3 of the California Government Code which requires an annual report be filed with the Legislative body for voter approved special taxes. Staff recommends City Council receive and file the Combined Community Facilities District Annual Report for Special Taxes Levied for Fiscal Year 2022/23.
F.10
Contract Change Order No. 2 with B and D Excavation and Construction for the Sound Wall, CIP Project No. 337-37263.
1. Change Order No. 2 with B and D Excavation and Construction for Sound Wall, .pdf
2. 1. Previous Action.pdf
3. 2. Resolution.pdf
4. 3. Contract Change Order No. 2.pdf
5. 4. CIP Sheet.pdf
Title/Recommendation
The City Council may consider adopting a Resolution: 1) approving Contract Change Order No. 2 with B and D Excavation and Construction (“B and D”) for the Sound Wall, CIP Project No. 337-37263 (“Project”), in the amount of $15,211.63, bringing the Contract price to $393,811.62; and 2) increasing the funding authorization contingency amount for the Project by $5,000, for an overall total funding authorization not to exceed amount of $455,601.63 for the Project.
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
Independent Auditors’ Report and Annual Comprehensive Financial Report for Fiscal Year 2022/23; and Report on the Financial Awards received by the City
1. Auditor's Report, ACFR and Financial Awards - Finance and IS-2023-20.pdf
2. Attachment 1 - Previous Action 22-23 ACFR.pdf
3. 22-23 ACFR FINAL 12-12-23.pdf
4. Brentwood 2023 MOIC Final.pdf
5. Brentwood 2023 RC Final.pdf
6. CSMFO Capital Budget Award FY 22-23.pdf
7. GFOA Award Certificate ACFR.pdf
8. GFOA Award Operating Budget.pdf
9. CSMFO Award Operating Budget.pdf
Title/Recommendation
Independent Auditors’ Report and Annual Comprehensive Financial Report for Fiscal Year 2022/23; and Report on the Financial Awards received by the City.
Staff recommends the City Council receive the Independent Auditors’ Report and Annual Comprehensive Financial Report for Fiscal Year 2022/23 and the report on the Financial Awards received by the City.
G.2
Selection of Planning Commission candidates to be interviewed and a review of the current applicant interview process
1. Selection of Planning Commission candidates and a review of applicant interview process.pdf
2. Previous Action(1).pdf
3. PC Applications 2023.pdf
Title/Recommendation
That the City Council select candidates to interview for the two (2) vacant seats on the Planning Commission and review the current applicant interview process for consideration in selecting applicants for the Planning Commission.
G.3
A Resolution Appointing Katherine Wisinski as Interim City Attorney
1. Interim City Attorney Appointment - City Attorney-2023-07.pdf
2. Resolution(1).pdf
Title/Recommendation
To ensure the City has dedicated internal legal services, the proposed action adopts a Resolution appointing Katherine Wisinski as Interim City Attorney; it also authorizes a temporary five percent (5%) salary increase for her services as Interim City Attorney.
G.4
City Council committees and committee assignments for 2024; and dissolution of committees.
1. Council Committee Assignments - City Manager-2023-83.pdf
2. Attachment 1 - Previous Action(6).pdf
3. DRAFT_2024 Appointment List.pdf
Title/Recommendation
Staff recommends that the City Council 1) review the City Council committees, assignments and descriptions for 2024, and approve, by motion, the committees, appointments and descriptions of the committees; and 2) dissolve the Brentwood Neighborhood Committee and State Route 4 Committee.
G.5
Amending City Council/Administrative Policy 110-04 Procedures for Ceremonial Documents related to the process for Proclamations
1. Presentation Policy 110-04 - City Manager-2023-85.pdf
2. Attachment 1 - Previous Action(4).pdf
3. Resolution.pdf
4. 110-4 ceremonial documents Draft.pdf
Title/Recommendation
Adopt a Resolution amending City Council/Administrative Policy 110-04 Procedures for Ceremonial Documents related to the process for Proclamations
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.
PRESENTATIONS
I.1
Recognition of City Attorney, Damien Brower, upon the occasion of his retirement.
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.
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 December 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