Cities Index.
Agenda packet, second session

Brentwood City Council
January 9, 2024

Document
Agenda packet, second session
Meeting
January 9, 2024
Body
Brentwood City Council
Pages
183
Original file
53.6 MB
Text extracted from the city's file for reading and search. Open the original on pub-brentwood.escribemeetings.com. That file is the official record.

Attachment 5

5. A suggestion that Nonprofits are prioritized in the City’s selection of event hosts.

6. There is a concern among business owners that the abundance of street closures are prohibiting access to their businesses on the busiest nights for them (weekends). We discussed the possibility of a limit of closures per month or year to help with this.

7. The groups agreed that better notification of Special Events needs to occur and further out from the event (2+ weeks was suggested). This responsibility currently lies with the Special Event hosts.

8. There is positive feedback that the majority of businesses that attended were in favor of Special Events in the downtown area, with improvements on trash, parking and enforcement.

9. Some businesses were interested in expanding the most common street closure routes (Oak/First), further down First Street on to Chestnut to increase foot traffic into their stores.

10.A suggestion that if street closures fees are instituted, that they be equivalent to the current Temporary Use Permit (TUP) fees (currently $981.00)

11. As a note to both business meetings hosted, the topic of sidewalk vending and mobile vending was brought up. Staff advised that the topic of the evening was Special Events and that the mobile/sidewalk vending ordinance would be going to City Council in the future and they were welcome to attend and voice any concerns.

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Special Event Fees Research
Comparable Cites
City County Population Types of Fees
Brentwood Contra Costa 64292 Application Fee $53
Cupertino Santa Clara 60381 NO FEES
Dublin Alameda 72859 Application Fee $325
PD Fees Passed along to Host
Gilroy Santa Clara 59520 Not Available
Union City Alameda 70143 Not Available
Petaluma Sonoma 59776 Application Fee
$73 (>30) Individual
$166 (>30) Commerical
$166 Residential
$609 Commercial
PD Fees Passed along to Host
San Rafael Marin 61271 $80 Standard/Commercial
$40 non‐profit
PD Fees $100/hr
Antioch Contra Costa 115291 Not Available
Oakley Contra Costa 43357 Not Available
Pittsburg Contra Costa 76416 Application Fee:
$50 16 +Weeks
$100 12‐15 Weeks
$200 4‐11 Weeks
Street Closure Fee: $400
Encroachment Fee: $497
Temporary Activity Fee: $200
Deposit:
100‐500 $0
500‐1000 $500
1,000 + $1,000
Deposit With Food:
100‐500 $500
500‐1000 $1,000
1000+ $1,500
Pleasant Hill Contra Costa 34613 Not Available
Concord Contra Costa 125410 Not Available
Walnut Creek Contra Costa 70127 $100 alcohol fee per day 0‐199 NP $246, Private $336
200‐499 NP $576, Private $822
500‐999 NP $1086, Private $1308
1000‐2499 NP$2695, Private $3360
2500‐4999 NP$5390, Private $6720
5000+ NP$8470, Private $10472
Electricity $50‐$200/day
Deposit: $200‐$2000
Turf Rehab‐$500‐$750
Danville Contra Costa 43582 Not Available
San Ramon Contra Costa 84605 Not Available
Like size agencies +/‐ 10K
Local agencies
Attachment 6

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CITY COUNCIL AGENDA ITEM NO. J.1
01/09/2024
SUBJECT: Consider a Request from Council Member Mendoza related to the ability of the City Council to mandate the internal investigations of certain employees
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Mendoza related to the ability of the City Council to mandate the internal investigations of certain employees.

FISCAL IMPACT
There is no fiscal impact associated with this action, but authorizing this request to move forward will require the need for outside counsel and could cost approximately $5,000 from the General Fund.

BACKGROUND
Pursuant to Council Policy 110-1 Rule 4.4 (b)(2), this item has been placed on the agenda so that Council may discuss it and provide further direction to staff. Pursuant to Section 4.4, Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.

On September 12, 2023, Vice Mayor Meyer, and Council Members Mendoza and Pierson requested future agenda items generally related to issues at the Brentwood Senior Activity Center, and customer satisfaction of recreational programming.

On September 26, 2023, the City Council directed staff to spend staff time and resources on items I.2.A and I.2B. and I.2.C all-inclusive of the details included in the staff reports for those items, excepting items directly related to any staff identifying information and personnel information, including:
 Interview all the staff and all the stakeholders that participate in the programming of all of those facilities and programs

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CITY COUNCIL AGENDA ITEM NO. J.1
01/09/2024
 Former employees who are residents if they’d like to participate  Include seniors and any participants in programming with the Parks and Rec  Investigation be independent
 Staff time and resources to create an RFP to be reviewed by Council  Set the budget amount for the investigation at $100k
 The full list of items for investigations specific to the senior center  Questions on the survey for residents questions related to Youth services  Include in the RFP for consultant to put together a survey to encompass all of the various requests that you've mentioned tonight
 Independently created, independently evaluated, and then presented to the city council
 Additional programming based on the Survey with all programming in Parks and Recreation to be included
 Add facilities and customer service
 Council will authorize the RFP unless that authority is delegated  Current non-profit and CBO partnerships and those terminated since 2019 including reasons for termination
 Current MOU use those that expired since 2019 and those about to expire  Current programs, special projects, events and activities and those terminated since 2019, including reasons for termination
 How staff is chosen to work at the center
 How training is managed for that staff, whether temporary or long term  Senior related experience qualifications of leadership positions of regular center staff, including everything considered when placing staff there  Any future plans being explored that potentially change the format infrastructure or offerings of the senior center
 Yearly attending number since 2019
 Confirmation of language and cultural access efforts
 The on-site schedule for Parks and Rec leadership
 The status of the previously printed Brentwood seniors’ activities guide  Include facility usage of the senior center
 Effectiveness of the programming customer service
 Recommendations from the Parks and Commission, on how we can ensure a positive experience for our residents.
 A review of staffing levels in over the last 3 years in Parks and Recreation  With organizational charts and position and attrition over the 3 years and reason for leaving (general without names or position titles, should not be  employee specific)
 The City Attorney has the authority to use staff time and resources time and resources to run our motion past outside council

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CITY COUNCIL AGENDA ITEM NO. J.1
01/09/2024
A link to the discussion on this item can be found in the meeting video at the following link: https://youtu.be/MlwbQax0eEY?t=7475
On November 14, 2023, the City Council City Council, by motion, authorized staff to issue a Request for Proposal for Consultant to assist with Brentwood Senior Center Operational Assessment & Citywide Recreational Customer Satisfaction Survey. As a part of this discussion the subject of performing internal investigations was raised, and clarified by former City Attorney, Damien Brower, that the form of government in Brentwood doesn’t allow the Council to be involved in City Manager employee investigations/personnel actions, and this was confirmed by outside legal counsel specializing in employment law. A link to those comments can be found in the timestamped meeting video at: https://youtu.be/4lIKrvP184w?t=12868

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

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ATTACHMENT “1”
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

On September 12, 2023, Vice Mayor Meyer, and Council Members Mendoza and Pierson requested future agenda items generally related to issues at the Brentwood Senior Activity Center, and customer satisfaction of recreational programming.

On September 26, 2023, the City Council directed staff to spend staff time and resources on items I.2.A and I.2B. and I.2.C all-inclusive of the details included in the staff reports for those items, excepting items directly related to any staff identifying information and personnel information, including:
 Interview all the staff and all the stakeholders that participate in the programming of all of those facilities and programs
 Former employees who are residents if they’d like to participate  Include seniors and any participants in programming with the Parks and Rec  Investigation be independent
 Staff time and resources to create an RFP to be reviewed by Council  Set the budget amount for the investigation at $100k
 The full list of items for investigations specific to the senior center  Questions on the survey for residents questions related to Youth services  Include in the RFP for consultant to put together a survey to encompass all of the various requests that you've mentioned tonight
 Independently created, independently evaluated, and then presented to the city council
 Additional programming based on the Survey with all programming in Parks and Recreation to be included
 Add facilities and customer service
 Council will authorize the RFP unless that authority is delegated  Current non-profit and CBO partnerships and those terminated since 2019 including reasons for termination
 Current MOU use those that expired since 2019 and those about to expire  Current programs, special projects, events and activities and those terminated since 2019, including reasons for termination
 How staff is chosen to work at the center
 How training is managed for that staff, whether temporary or long term  Senior related experience qualifications of leadership positions of regular center staff, including everything considered when placing staff there  Any future plans being explored that potentially change the format infrastructure or offerings of the senior center
 Yearly attending number since 2019
 Confirmation of language and cultural access efforts

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Page 2 of 2 ends

 The on-site schedule for Parks and Rec leadership
 The status of the previously printed Brentwood seniors’ activities guide  Include facility usage of the senior center
 Effectiveness of the programming customer service
 Recommendations from the Parks and Commission, on how we can ensure a positive experience for our residents.
 A review of staffing levels in over the last 3 years in Parks and Recreation  With organizational charts and position and attrition over the 3 years and reason for leaving (general without names or position titles, should not be  employee specific)
 The City Attorney has the authority to use staff time and resources time and resources to run our motion past outside council
On November 14, 2023, the City Council City Council, by motion, authorized staff to issue a Request for Proposal for Consultant to assist with Brentwood Senior Center Operational Assessment & Citywide Recreational Customer Satisfaction Survey. As a part of this discussion the subject of internal investigations was raised, and clarified by former City Attorney, Damien Brower, that the form of government in Brentwood doesn’t allow the Council to be involved in City Manager employee investigations/personnel actions, and this was confirmed by outside legal counsel specializing in employment law. A link to those comments can be found in the meeting video at the following link: https://youtu.be/4lIKrvP184w?t=12868 On December 12, 2023, Council Member Mendoza requested clarification regarding the ability of the City Council to mandate the internal investigations of certain employees.

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CITY COUNCIL AGENDA ITEM NO. J.2
01/09/2024
SUBJECT: Consider a Request from Council Member Mendoza seeking information regarding Government Code Section 54954.3(c) DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Mendoza directing staff to prepare information related to a portion of the Brown Act (Government Code section 54954.3(c)).

FISCAL IMPACT
There is no fiscal impact associated with this action, but authorizing this request to move forward could require the need for outside counsel and could cost approximately $5,000 from the General Fund.

BACKGROUND
Pursuant to Council Policy 110-1 Rule 4.4 (b)(2), this item has been placed on the agenda so that Council may discuss it and provide further direction to staff. Pursuant to Section 4.4, Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.

Government Code Section 54954.3(c): The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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CITY COUNCIL AGENDA ITEM NO. J.2
01/09/2024

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

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ATTACHMENT “1”
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

On December 12, 2023, Council Member Mendoza requested a future agenda item seeking information regarding Government Code Section 54954.3(c) and requesting staff prepare information related to the section.

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