City Council - April 23, 2024
A.
CALL TO ORDER & ROLL CALL
B.
PLEDGE OF ALLEGIANCE
C.
REPORT ON CLOSED SESSION
D.
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.
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 April 9, 2024
1. Meeting Minutes - CCM_Apr09_2024.pdf
F.2
Minutes of the Special City Council meeting of April 9, 2024
1. Meeting Minutes - SCC_Apr09_2024.pdf
F.3
A Proclamation Proclaiming April 26, 2024, as Arbor Day
1. Arbor Day 2024.pdf
F.4
A Proclamation Proclaiming May 5 - 11, 2024, as Municipal Clerk's Week
1. Municipal Clerks Week 2024.pdf
F.5
A Proclamation Proclaiming May 2, 2024, as National Day of Prayer
1. Day of Prayer 2024.pdf
F.6
A Proclamation Proclaiming May 12 - 18, 2024, as Police Week
1. Police Week 2024.pdf
F.7
A Proclamation Proclaiming May 13 - 19, 2024, as Bike to Work Week
1. Bike to Work 2024.pdf
F.8
A Proclamation Proclaiming May as Jewish American Heritage Month
1. Jewish American Heritage 2024.pdf
F.9
A Proclamation Proclaiming May as Asian American and Pacific Islanders Heritage Month
1. AAPI Month 2024.pdf
F.10
A Proclamation Proclaiming May as Older Americans Month
1. Older Americans Month 2024.pdf
F.11
A Proclamation Proclaiming May as Water Awareness Month
1. Water Safety Month 2024.pdf
F.12
A Proclamation Proclaiming May as Building and Safety Month
1. Building Safety Month 2024.pdf
F.13
Award a contract to Sandstone Environmental Engineering, Inc. for the Pavement Management Program 2024 (Concrete), CIP Project No. 336-31703.
1. Contract Award - PMP 2024 (Concrete) - Engineering-2024-15.pdf
2. 1. Previous Action.pdf
3. 2. Resolution.pdf
4. 3. List of Locations.pdf
5. 4. Contract.pdf
6. 5. CIP Sheet.pdf
Title/Recommendation
Adopt a Resolution approving the contract, awarding the bid and authorizing the City Manager or designee to execute a contract and necessary documents for the Pavement Management Program 2024 (Concrete), CIP Project No. 336-31703, (“Project”) with Sandstone Environmental Engineering, Inc. (“Sandstone”) as the lowest responsible and responsive bidder in the amount of $378,110, plus funding authorization for a 15% contingency of $56,716.50, for a total funding authorization not to exceed amount of $434,826.50.
F.14
A Resolution accepting park and landscaping improvements on Parcel ‘D’ (Magpie Park).
1. 2024-04-09 - Magpie Park Staff Report - Parks Recreation-2024-88.pdf
2. Attachment 1 - Previous Action - Chandler Magpie Park.pdf
3. 2024-04-09 CC Chandler Magpie Park Resolution.pdf
4. 2024-04-09 CC Chandler Magpie Park Location Map.pdf
5. 2024-04-09 CC Chandler Magpie Park Exhibit B - Pictures.pdf Title/Recommendation
Adopt a Resolution accepting the park and landscaping improvements on Parcel ‘D’ of the Chandler development (Subdivision 9428) for maintenance by the City and request that the City Clerk file this Resolution with the Recorder of Contra Costa County.
F.15
Consideration of actions pertaining to the City’s Landscape and Lighting Assessment Districts, including Landscape and Lighting Assessment Districts No. 19-3 and No. 21-1, and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2024/25.
1. LLAD Resolution of Intention - Parks Recreation-2024-106.pdf
2. Previous Action(4).pdf
3. Resolution(1).pdf
4. Preliminary Engineers Report - LLADs.pdf
5. Preliminary Engineers Report - LLAD 19-3 Citywide and Local Maintenance Services.pdf
6. Preliminary Engineers Report - LLAD 21-1 Deer Ridge Landscape Improvements.pdf
7. Preliminary Engineers Report - Citywide Park Maintenance District No. 98-1.pdf Title/Recommendation
Adopt a Resolution declaring the intention to order improvements for the Landscape & Lighting Assessment Districts, Landscape and Lighting District No. 19-3, Landscape and Lighting Assessment District No. 21-1 (collectively, the “LLADs”), and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2024/25; declaring the intention to levy and collect assessments; and setting the date of May 28, 2024, at 7:00 p.m. or at such time thereafter that the matter can be heard for the public hearing in accordance with the provisions of the Streets and Highways Code “Landscaping and Lighting Act of 1972” and California Proposition No. 218.
F.16
Purchase two new solid waste collection trucks, and authorize the City Manager or designee to execute any necessary documents in a total amount not to exceed $951,050.
1. Purchase of two Solid Waste collection trucks - Public Works-2024-18.pdf
2. Previous Action.pdf
3. Resolution.pdf
4. Quotes.pdf
Title/Recommendation
Adopt a Resolution approving the purchase of two new collection vehicles for the Solid Waste Division, one residential Labrie split body truck and one Labrie front load truck, from Arata Equipment Company in San Carlos, CA; and authorizing the City Manager or designee to execute any necessary documents in an amount not to exceed $951,050 for fiscal year 2023/24.
F.17
An Agreement with Robertson-Bryan, Inc. for environmental compliance services for the Solid Waste Organics Diversion project and the Water and Wastewater Laboratory project.
1. Agreement with Robertson-Bryan, Inc. for environmental compliance services - Public Works-2024-17.pdf
2. Previous Action(6).pdf
3. Resolution(2).pdf
4. Agreement.pdf
5. CIP Budget Sheet - SW Organics.pdf
6. CIP Budget Sheet - Laboratory.pdf
Title/Recommendation
Adopt a Resolution approving the contract documents and authorizing the City Manager or his designee to execute an Agreement with Robertson-Bryan, Inc. for environmental compliance services for the Solid Waste Organics Diversion, CIP Project No. 542-54021 (SW Project), and the Water and Wastewater Laboratory, CIP Project No. 592-59207 (Laboratory Project), in the amount not to exceed $252,575.
F.18
2023 Military Equipment Annual report, Determination of AB 481 Compliance, Renewal of Military Equipment Ordinance, and Approval of Military Equipment
1. AB 481- Annual Military Equipment Report - Police-2024-05.pdf
2. Previous Action(5).pdf
3. AB 481 Resolution.pdf
4. 2023_AB481 report.pdf
5. BPD Policy 708.pdf
6. Ordinance 1037.pdf
Title/Recommendation
Adopt a Resolution 1) accepting the 2023 Military Equipment Annual Report; 2) determining that the Brentwood Police Department’s (BPD) use of military equipment in 2023 complied with BPD Policy 708 and applicable state laws; 3) determining that, based on the 2023 Military Equipment Annual Report, each type of military equipment identified in that report has complied with the standards for approval set forth in applicable state laws, including Government Code section 7071(e); 4) renew Ordinance No. 1037, thereby determining that Policy 708 shall be continued without change; and 5) approving the BPD’s funding, acquisition, and use of military equipment to preserve life and enhance the safety of citizens and officers.
F.19
An Informational Summary and Overview of Recent Statewide Housing and Land Use Legislation
1. 2023 Housing Land Use Legislation Update - Community Development-2024-34.pdf
2. 2023 Legislation Summary and Matrix.pdf
Title/Recommendation
Receive an informational summary and overview of housing and land use related legislation from the 2023 legislative session.
F.20
Informational Report on Final Map of Subdivision No. 9452, Cowell Ranch, developed by Shea Homes, LP.
1. Informational Report for Final Map for 9452 Cowell Ranch - Engineering-2024-10.pdf
2. 1. Previous Action(1).pdf
3. 2. Site Map.pdf
4. 3. Approved Final Map.pdf
Title/Recommendation
Receive and file an Informational Report on Final Map approval by the City Manager of Subdivision No. 9452, Cowell Ranch, developed by Shea Homes, LP, located south of Marsh Creek Road and east of Vineyards Parkway (APN’s 007-380-002 and 007-380-003).
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
An Extension of Interim Urgency Ordinance implementing Interim Objective Design Standards for residential housing projects in the City of Brentwood, and finding the action exempt from CEQA
1. Urgency Ext 2 - Interim Objective Design Standards - Community Development-2024-32.pdf
2. Attachment 1 - Previous Action(1).pdf
3. Attachment 2 - Draft Ordinance .pdf
Title/Recommendation
Approve an extension of the urgency ordinance for a second and final time, for a period of one year, approving Interim Objective Design Standards while the City develops a more robust set of residential design and development standards to ensure that projects deliver high-quality design, appropriate site planning and amenities, and are compatible with surrounding neighborhoods and the community.
H.
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.
H.1
Extension of Urgency Ordinance and Introduction and Waiver of First Reading of a Permanent Ordinance Implementing a Modification to the Brentwood Municipal Code to allow Pad-Mounted Transformers within Development Projects.
1. Emergency Ordinance Extension - Undergrounding Transformers and Regular Ordinance .pdf
2. 1. Previous Action(2).pdf
3. 2. Extension of Urgency Ordinance.pdf
4. 3. Permanent Ordinance Amending BMC Section 16.120.120.pdf Title/Recommendation
(1) Approve an extension of the Interim Urgency Ordinance No. 1072 adopted on March 26, 2024, allowing Permittees to install pad-mounted transformers within development projects while the City monitors the nationwide supply chain issues related to underground transformers, and (2) introduce and waive the first reading of a permanent ordinance to amend Brentwood Municipal Code Section 16.120.120.
Neither the proposed Interim Urgency Ordinance, nor the permanent ordinance, is an action subject to the California Environmental Quality Act (CEQA), as the actions have no potential for resulting in physical change to the environment. (14 Cal. Code. Regs. § 15358.) Further, adoption of the Urgency Ordinance extension and permanent ordinance are exempt under CEQA because they will not cause a change in any of the physical conditions within the area affected by the ordinances. (14 Cal. Code Regs. § 15061(b)(3).)
H.2
Update of Parks and Recreation Special Event Process, Consideration of Future New Fees for Special Events, and provide direction to staff
1. Special Event Update - Parks Recreation-2024-110 - Parks Recreation-2024-111.pdf
2. Attachment 1 Previous Action - Special Events.pdf
3. Attachment 2- City Council Directions from 1.9.24.pdf
4. Attachment 3 - Actual Cost to City.pdf
Title/Recommendation
Receive a staff report as a further update to the City Council’s request for more changes to the Parks and Recreation Special Event permitting process. This report includes staff recommendations for new fees for hosting Special Events and references City Council direction provided at previous City Council meetings held on June 27, 2023, and January 9, 2024. Staff recommends that Council receive this report authorizing the proposed fees to be included for approval in the forthcoming Cost Allocation Plan in FY 24/25.
H.3
Memorandum of Understanding between the City and the Downtown Brentwood Coalition for downtown district programming and management services
1. Memorandum of Understanding with the Downtown Brentwood Coalition - City Manager-2024-30.pdf
2. Attachment 1 - Previous Action(2).pdf
3. Attachment 2 - Resolution.pdf
4. Attachment 3 - DRAFT MOU with the DBC.pdf
Title/Recommendation
Adopt a Resolution approving a Memorandum of Understanding (MOU) between the City and the Downtown Brentwood Coalition for the delivery of downtown programming and management services for fiscal years 2024/25 and 2025/26 not to exceed $140,000.
H.4
Creation of the Brentwood Municipal Code Review Committee
1. Brentwood Municipal Code Review Committee - City Manager-2024-31.pdf
2. Attachment 1 - Previous Action.pdf
3. 2024 Appointment List.pdf
4. Sample Month Calendar of Chamber Usage and Regional Meetings.pdf Title/Recommendation
Consider the creation of the Brentwood Municipal Code Review Committee, provide direction on the proposed scope, appoint two members of the City Council, set a regular meeting date, and request the Planning Commission appoint one of its members as an advisory member to the committee.
I.
REQUEST FOR FUTURE AGENDA ITEMS - 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
J.
REQUESTED FUTURE AGENDA ITEM(S)
J.1
Consider a request from Vice Mayor Meyer related to an overview of the City’s economic development efforts
1. Requested Item Meyer - Economic Development Update - City Manager-2024-41.pdf
2. Previous Action(3).pdf
Title/Recommendation
That the City Council consider and discuss a request from Vice Mayor Meyer from the City Council meeting of April 9, 2024, related to an overview of the City’s economic development efforts, including a PA-1 (Innovation Center @ Brentwood) update.
J.2
Consider a request from Council Member Mendoza related to traffic on Minnesota Avenue
1. Requested Item Mendoza - Minnesota Traffic - City Manager-2024-40.pdf
2. Previous Action(1).pdf
Title/Recommendation
That the City Council consider and discuss a request from Council Member Mendoza, from the City Council meeting of April 9, 2024, related to traffic on Minnesota and the potential purchase and placement of an additional mobile radar trailer.
J.3
Consider a request from Council Member Mendoza related to letters of support or opposition to California state legislation
1. Requested Item Mendoza - Position Letters related to Legislation - City Manager-2024-39.pdf
2. Previous Action(2).pdf
Title/Recommendation
That the City Council consider and discuss a request from Council Member Mendoza from the City Council meeting of April 9, 2024, requesting staff prepare letters of support or opposition to California state legislation consistent with the City’s Signature policy, and provide staff direction related to the distribution of the letters including press releases.
K.
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 April 18, 2024, 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;
and at the Teleconference Location: Arizona Biltmore, Conference Center Hallway, 2400 E. Missouri Ave, Phoenix, AZ 85016 A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov