City Council - April 23, 2024
A.
CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 7:13 p.m.
Roll Call found the following members present: Mendoza, Meyer, Pierson, Oerlemans, and Mayor Bryant.
Council Member Mendoza participated remotely via Zoom Teleconference at the noticed teleconference location, in accordance with the Brown Act.
B.
PLEDGE OF ALLEGIANCE
Mayor Bryant led the Pledge of Allegiance.
C.
REPORT ON CLOSED SESSION
Mayor Bryant reported
D.
PUBLIC COMMENTS
Bill Weber provided comments on the positive influence of youth leadership, the need of additional membership with Kiwanis Club of Brentwood, and comments related to the Jewish American Heritage Month proclamation.
Danny Dohrmann provided comments related to allowing virtual public comments during the general public comment period, thanked Assistant City Manager Darin Gale for taking time to speak with him regarding a Community Enrichment matter related to Brentwood Municipal Code §
17.640.008 and
§
17.640.009, and comments related to a moratorium on drive-throughs.
Carolina Villaseca requested City Council pull item F.18 from the Consent Calendar, provided comments regarding the Delta Conveyance Project, and provided information on the All Abilities Family Picnic at Marsh Creek Elementary on May 18th from 11 a.m. to 1:30 p.m.
E.
INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS, AND STAFF Council Member Mendoza reported on attendance shadowing Senator Steve Glazer in Sacramento, Latino Caucus Communications Subcommittee and will be moving to the Legislative Review Committee, watched the Planning Commission meeting, and attendance at an Our Neighborhood Voices meeting.
Council Member Pierson reported she watched the Planning Commission meeting, attended a Police Activities League (PAL) meeting, Juneteenth planning meetings, Age and Disabilities Friendly Communities Ad-hoc Committee meeting, and attended as a guest speaker at the Contra Costa County Bar Association 90th Anniversary Gala with Supervisor Diane Burgis.
Council Member Oerlemans reported on attendance at Brentwood Police Department's Town Hall on human trafficking, watched the Planning Commission meeting, meeting with Joe Young, president of Trilogy HOA, attendance at the Farmers Market and Makers Mart, and the PAL BBQ supporting Liberty High School.
Vice Mayor Meyer reported on facilitating Cal Cities Mayors and Council Members virtual roundtable discussion, Youth and Government mock City Council meeting, Community Day of Service planning meeting, watched the Planning Commission meeting, attendance at the Age and Disabilities Friendly Communities Ad-hoc Committee meeting, Our Neighborhood Voices meeting, and a presentation by the Contra Costa County Public Defender's Office on equity.
Mayor Bryant reported on attendance at an East Contra Costa County Habitat Conservancy board meeting, the Youth and Government mock City Council meeting, Trans Plan, East Contra Costa Regional Finance Authority, and Bart and State Route 4 Bypass Authority meetings.
City Manager Tim Ogden provided an update on the Community Day of Service event on April 27, 2024.
F.
CONSENT CALENDAR
Mayor Bryant pulled items F.4, and F.18, and Council Member Mendoza pulled item F.14 to be heard separately.
Moved by:
Susannah Meyer, Vice Mayor
Seconded by:
Tony Oerlemans, Council Member
Adopted the Consent Calendar as recommended by staff.
Ayes (5)
Susannah Meyer, Vice Mayor, Jovita Mendoza, Council Member, Tony Oerlemans, Council Member, Pa'tanisha Pierson, Council Member, and Joel Bryant, Mayor Motion Approved (5 to 0)
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
Mayor Bryant presented the Proclamation to Margaret Wimberly, City Clerk, and Amanda McVey, Assistant City Clerk.
Moved by:
Joel Bryant, Mayor
Seconded by:
Jovita Mendoza, Council Member
Ayes (5)
Susannah Meyer, Vice Mayor, Jovita Mendoza, Council Member, Tony Oerlemans, Council Member, Pa'tanisha Pierson, Council Member, and Joel Bryant, Mayor Motion Approved (5 to 0)
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
Adopted Resolution 2024-39
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 Moved by:
Jovita Mendoza, Council Member
Seconded by:
Pa'tanisha Pierson, Council Member
Adopted Resolution 2024-43 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.
Ayes (5)
Susannah Meyer, Vice Mayor, Jovita Mendoza, Council Member, Tony Oerlemans, Council Member, Pa'tanisha Pierson, Council Member, and Joel Bryant, Mayor Motion Approved (5 to 0)
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 Adopted Resolution 2024-40 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
Adopted Resolution 2024-41 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
Adopted Resolution 2024-42 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
Moved by:
Joel Bryant, Mayor
Seconded by:
Pa'tanisha Pierson, Council Member
Adopted Resolution 2024-44 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) renewing 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.
Ayes (5)
Susannah Meyer, Vice Mayor, Jovita Mendoza, Council Member, Tony Oerlemans, Council Member, Pa'tanisha Pierson, Council Member, and Joel Bryant, Mayor Motion Approved (5 to 0)
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
Received 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
Received 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
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
Jennifer Hagen, Senior Planner, presented the item.
Mayor Bryant opened the Public Hearing.
There being no one wishing to speak on the item, Mayor Bryant requested a motion to close the Public Hearing.
It was moved/seconded by Council Member Oerlemans /Council Member Pierson to close the Public Hearing and carried unanimously.
Moved by:
Tony Oerlemans, Council Member
Seconded by:
Pa'tanisha Pierson, Council Member
Adopted Urgency Ordinance No. 1073 extending, for an additional period of one year, the interim ordinance adopting Appendix B to the City of Brentwood Residential Design Guidelines to Implement Interim Residential Objective Design Standards, and finding the action exempt from CEAQ.
Ayes (5)
Susannah Meyer, Vice Mayor, Jovita Mendoza, Council Member, Tony Oerlemans, Council Member, Pa'tanisha Pierson, Council Member, and Joel Bryant, Mayor Motion Approved (5 to 0)
H.
BUSINESS ITEMS
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 Staff withdrew the extension of the Interim Urgency Ordinance, which will be considered at a future date.
Allen Baquilar, Director of Engineering/City Engineer presented the item.
Mayor Bryant opened the public comment period.
There being no one else wishing to speak, Mayor Bryant closed the public comment period.
Moved by:
Jovita Mendoza, Council Member
Seconded by:
Susannah Meyer, Vice Mayor
The City Council continued to a special or regular meeting the consideration of a Permanent Ordinance Implementing a modification to the Brentwood Municipal Code that would allow permittees to install pad-mounted transformers within the development projects.
Ayes (5)
Susannah Meyer, Vice Mayor, Jovita Mendoza, Council Member, Tony Oerlemans, Council Member, Pa'tanisha Pierson, Council Member, and Joel Bryant, Mayor Motion Approved (5 to 0)
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
Thien Nguyen, Recreation Manager presented the item.
Mayor Bryant opened the public comment period.
Amy Tilley spoke in support of the item as presented.
Cheyenne Erickson spoke in support of the item as presented.
Vinoy Mereddy provided comments and inquiries on the item.
There being no one else wishing to speak, Mayor Bryant closed the public comment period.
Moved by:
Jovita Mendoza, Council Member
Seconded by:
Pa'tanisha Pierson, Council Member
The City Council, by motion, directed staff to implement the process outlined in the staff report.
Ayes (5)
Susannah Meyer, Vice Mayor, Jovita Mendoza, Council Member, Tony Oerlemans, Council Member, Pa'tanisha Pierson, Council Member, and Joel Bryant, Mayor Motion Approved (5 to 0)
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
Abraham Salinas, Senior Analyst, presented item.
Mayor Bryant opened the public comment period.
Amy Tilley spoke in favor of the item.
Peter Jacoway spoke in favor of the item.
There being no one else wishing to speak, Mayor Bryant closed the public comment period.
Moved by:
Pa'tanisha Pierson, Council Member
Seconded by:
Tony Oerlemans, Council Member
Adopted Resolution 2024-45 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 $160,000.
Ayes (5)
Susannah Meyer, Vice Mayor, Jovita Mendoza, Council Member, Tony Oerlemans, Council Member, Pa'tanisha Pierson, Council Member, and Joel Bryant, Mayor Motion Approved (5 to 0)
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 Tim Ogden, City Manager, presented the item.
Mayor Bryant opened the public comment period.
There being no one else to speak on the item, Mayor Bryant closed the public comment period.
Moved by:
Pa'tanisha Pierson, Council Member
Seconded by:
Tony Oerlemans, Council Member
The Council, by motion, approved the creation of the Brentwood Municipal Code Review Committee, and accepted the scope as follows: The committee will review the City’s municipal code, and make recommendations to staff on updates that may be needed. This committee will meet bi-annually on the 2nd Wednesday in July and January at 5:30 PM, with special meetings as needed. The Council appointed Council Member Pierson and Council Member Oerlemans, and requested the Planning Commission appoint one of its members as an advisory member to the committee.
Ayes (5)
Susannah Meyer, Vice Mayor, Jovita Mendoza, Council Member, Tony Oerlemans, Council Member, Pa'tanisha Pierson, Council Member, and Joel Bryant, Mayor Motion Approved (5 to 0)
I.
REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
none
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
Vice Mayor Meyer presented the item.
Mayor Bryant opened the public comment period.
There being no one wishing to speak on the item, Mayor Bryant closed the public comment period.
Moved by:
Susannah Meyer, Vice Mayor
Seconded by:
Pa'tanisha Pierson, Council Member
The City Council, by motion, directed staff to spend time and resources to provide an update on economic development efforts, including the Innovation Center website.
Ayes (5)
Susannah Meyer, Vice Mayor, Jovita Mendoza, Council Member, Tony Oerlemans, Council Member, Pa'tanisha Pierson, Council Member, and Joel Bryant, Mayor Motion Approved (5 to 0)
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
Council Member Mendoza presented the item.
Mayor Bryant opened the public comment period.
There being no one wishing to speak on the item, Mayor Bryant closed the public comment period.
Moved by:
Jovita Mendoza, Council Member
Seconded by:
Susannah Meyer, Vice Mayor
The City Council, by motion, directed staff to spend time and resources to replicate the traffic analysis and improvement efforts that were used on Vineyards Parkway, and to include the schools to find a solution for traffic issues.
Ayes (5)
Susannah Meyer, Vice Mayor, Jovita Mendoza, Council Member, Tony Oerlemans, Council Member, Pa'tanisha Pierson, Council Member, and Joel Bryant, Mayor Motion Approved (5 to 0)
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
Council Member Mendoza presented the item.
Mayor Bryant opened the public comment period.
There being no one else to speak on the item, Mayor Bryant closed the public comment period.
Moved by:
Jovita Mendoza, Council Member
Seconded by:
Susannah Meyer, Vice Mayor
The City Council, by motion, authorized staff to spend time and resources to send letters regarding the following legislation: a letter in support of AB 3233 (Weiner); in opposition to AB 1893 (Wicks), and in opposition to AB 2560 (Alvarez), with the letters to clarify that position of the City of Brentwood is current as of the date of the letter. Staff will likewise send letters regarding other legislation, as authorized by the Signature Policy.
Ayes (5)
Susannah Meyer, Vice Mayor, Jovita Mendoza, Council Member, Tony Oerlemans, Council Member, Pa'tanisha Pierson, Council Member, and Joel Bryant, Mayor Motion Approved (5 to 0)
K.
ADJOURNMENT
It was moved/seconded by Vice Mayor Meyer/Council Member Pierson to adjourn the meeting in honor of longtime Brentwood resident, Helen Myers, at 10:08 p.m. and carried unanimously.