City Council - August 13, 2024
A.
CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 7:02 p.m.
Roll Call found the following members present: Mendoza, Pierson, Oerlemans, and Mayor Bryant.
Vice Mayor Meyer participated in the meeting remotely via Zoom teleconference under the just cause provisions of the Brown Act, Government Code § 54953(f).
B.
PLEDGE OF ALLEGIANCE
Mayor Bryant led the Pledge of Allegiance.
C.
REPORT ON CLOSED SESSION
Mayor Bryant stated there were no reportable actions from Closed Session.
D.
PUBLIC COMMENTS
Michael Clement provided comments regarding the Veterans Day Ceremony that takes place every November 11th at 11:00 a.m. and requested support and participation from the City Council related to this event and other Veteran related events.
Yildez, Clifton Fagerquist, Greg Chapman, Nabela, Surender Katikaneni, Zackary Che, Ken Che, and Mary Richards provided comments regarding the use of cattle as weed abatement in residential neighborhoods.
Karri Reiser provided an update on behalf of the Brentwood Chamber of Commerce regarding the launch of their in-person business coaching through the East Bay Small Business Development Center.
Sinziana Todor provided comments regarding Planning Commissioner Gerald Johnson.
Fred Sahakian spoke on behalf of the Alameda County Management Employees Association in support of City staff and fair wages.
Sonia Cardinale spoke on behalf of Brentwood Employees' Association/Miscellaneous Office Division regarding labor negotiations.
Danny Dohrmann provided comments regarding virtual public comments, Popeyes, employment, and tax revenue.
Ian Cohen provided comments commending a Public Works staff member's attempt to rescue a lost dog and other positive interactions with City staff.
There being no one else wishing to speak, Mayor Bryant closed Public Comments.
E.
INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS, AND STAFF Council Member Mendoza reported on attendance at National Night Out, Downtown Coalition Membership meeting, Hometown Nights, and watched the Planning Commission meeting.
Council Member Pierson reported on attendance at a Closed Session City Council meeting, Rotary meeting, National Night Out, Age and Disabilities Committee's Operational Assessment Report meeting, the Police Department swearing in and promotion event, and watched the Planning Commission meeting.
Council Member Oerlemans reported on attendance at a Tri Delta Transit meeting, the Liberty Union High School Convocation, a Closed Session City Council meeting, Police Department swearing in and promotion event, National Night Out, Chamber of Commerce Ribbon Cutting for Handydads' 10-year Anniversary, Municipal Code Review Committee meeting, and watched the Planning Commission meeting, Vice Mayor Meyer reported on attendance at Hometown Nights, Liberty Union High School Convocation, Elected Womens Luncheon, Dedication of Helen Meyers Way, Downtown Brentwood Coalition monthly membership meeting, National Night Out, watched Planning Commission meeting, Age and Disabilities Committee's Operational Assessment Report meeting, and participated as a panelist at the Be___Conference.
Mayor Bryant reported on attendance at a Trans Plan meeting, East Contra Costa Regional Fee and Finance Authority (ECCRFFA) meeting, BART and State Route 4 Bypass meeting, Chamber of Commerce Ribbon Cutting for Handydads' 10-year Anniversary, National Night Out, Dedication of Helen Meyers Way, Mayors' Conference, Police Department swearing in and promotion event, and a Tri Delta Transit meeting.
Bruce Mulder, Director of Parks and Recreation provided update on the Summerset I sound wall project.
F.
CONSENT CALENDAR
Moved by:
Pa'tanisha Pierson, Council Member
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 Special City Council meeting of July 23, 2024
1. Meeting Minutes - SCC_Jul23_2024.pdf
F.2
Minutes of the Special City Council meeting of July 29, 2024
1. Meeting Minutes - SCC_Jul29_2024.pdf
F.3
Correction to the City Council/Successor Agency Meeting Minutes of April 23, 2024
1. Corrected Meeting Minutes - CCM_Apr23_2024.pdf
F.4
An agreement with Stommel Inc., dba LEHR Auto Electric for the outfitting of patrol vehicles
1. LEHR Emergency Vehicle Outfitting - Police-2024-06.pdf
2. Attachment 1.pdf
3. LEHR Resolution.pdf
4. LEHR agreement.pdf
5. Bid Tabulation - Vehicle Equipment Install.pdf
6. Resolution 2024-32.pdf
Adopted Resolution 2024-82 approving and authorizing the City Manager or designee to execute an agreement and necessary documents with Stommel Inc., dba LEHR Auto Electric in the amount of $300,000 over a two year term; not to exceed $150,000 FY 24/25 and not to exceed $150,000 FY 25/26 for the outfitting of police vehicles.
F.5
Proposed refunding of the outstanding Water Revenue Refunding Bonds, Series 2014, through the issuance of Water Revenue Refunding Bonds, Series 2024, and appointing financing team members.
1. Water Revenue Refunding Bonds - 2024-27.pdf
2. Attachment 1 - Previous Action.pdf
3. BIFA Resolution Authorizing Staff to Evaluate Refunding of 2014 Bonds.pdf
4. City Council Resolution Authorizing Staff to Evaluate Refunding of 2014 Bonds.pdf Adopted City Council Resolution 2024-83 and Brentwood Infrastructure Financing Authority (“BIFA”) Resolution BIFA 52 appointing Del Rio Advisors, LLC as Municipal Advisor; RBC Capital Markets, LLC as Underwriter; Orrick, Herrington & Sutcliffe LLP as Bond and Disclosure Counsel, and directing City staff to commence preparations to refund the Water Revenue Refunding Bonds, Series 2014, and to return to the City Council /BIFA Board once the related documents have been prepared for approval.
F.6
Notice of Completion for the work performed by Luma Engineering Contractors Inc. for the Creekside Park Pickleball Courts Project, CIP Project No. 352-52441.
1. Notice of Completion for Creekside Pickleball Courts - Parks Recreation-2024-132.pdf
2. Previous Action.pdf
3. Resolution.pdf
4. Notice of Completion -Creekside Pickleball Courts.pdf Adopted Resolution 2024-84 accepting the work performed by Luma Engineering Contractors Inc. for the Creekside Park Pickleball Courts Project, CIP Project No. 352-52441 and file a Notice of Completion with the County Recorder.
G.
PUBLIC HEARINGS
G.1
Annexation #16 to Community Facilities District No. 5
1. Annexation No. 16 to CFD No. 5 - Engineering-2024-31.pdf
2. 1. Previous Action.pdf
3. 2. Citywide CFD Exhibit.pdf
4. 3. Resolution - Calling a Special Election.pdf
5. 4. Resolution - Determining Election Results.pdf
Debra Galey, Senior Analyst presented the item.
Mayor Bryant opened the Public Hearing. There being no one wishing to speak, it was moved/seconded by Mendoza/Pierson to close the Public Hearing, and the motion carried unanimously.
Moved by:
Jovita Mendoza, Council Member
Seconded by:
Tony Oerlemans, Council Member
Adopted Resolution 2024-86 determining to annex territory to CFD No. 5 and calling a special election for CFD No. 5.
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)
Moved by:
Jovita Mendoza, Council Member
Seconded by:
Tony Oerlemans, Council Member
Adopted Resolution 2024-87 determining the results of the special election for the annexation of territory to CFD No. 5 as 73 votes in favor of the annexation and 0 votes opposing the annexation.
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)
G.2
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Sand Creek Sports Complex
1. Mitigated Negative Declaration for the Sand Creek Sports Complex - Parks Recreation-2024-179.pdf
2. Previous Action(2).pdf
3. Resolution(1).pdf
4. Exhibit A to Resolution - Mitigated Negative Declaration.pdf
5. Exhibit B to Resolution - Mitigation Monitoring and Reporting Program.pdf
6. Errata Sheet.pdf
7. Responses to Comments with Comment Letter.pdf
Bruce Mulder, Director of Parks and Recreation, presented the item.
Mayor Bryant opened the Public Hearing. There being no one wishing to speak, Mayor Bryant closed the public hearing.
Moved by:
Jovita Mendoza, Council Member
Seconded by:
Pa'tanisha Pierson, Council Member
Adopt Resolution 2024-88 adopting the Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program for the Sand Creek Sports Complex Project, CIP Project No. 352-52446.
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)
G.3
An application for a Vesting Tentative Subdivision Map, Design Review, Density Bonus request, and request for associated waivers including the City’s General Plan Density Transition Policy
1. Orchard Grove North City Council Continuance - Community Development-2024-69.pdf
2. Attachment 1 - Previous Action(1).pdf
3. Attachment 2- Council Resolution- MND- Orchard Grove North.pdf
4. Attachment 3- Council Resolution- VTSM Orchard Grove North.pdf
5. Attachment 4- Council Resolution- Design Review Orchard Grove North.pdf
6. Attachment 5- Architectural Project Plans.pdf
7. Attachment 6- VTSM Plans.pdf
8. Attachment 7- Landscape Plans.pdf
9. Attachment 8-Project Description.pdf
10. Attachment 9- Interim Object Design Standards.pdf
11. Attachment 10- MND Public Comments.pdf
12. Attachment 11- CEQA Comment Letter Response.pdf
13. Attachment 12- July 2, 2024 Planning Commission Staff Report (without attachments).pdf
14. Attachment 13- CEQA Errata Sheet.pdf
Sarah Yuwiler, Associate Planner, presented the item.
Mayor Bryant opened the Public Hearing.
David Best, Shay Homes, spoke as the applicant for the project.
Sinziana Todor provided comments, suggestions, and concerns regarding the project.
Melissa van Ruiten provided comments, suggestions, and concerns regarding the project.
There being no one else wishing to speak, it was moved/seconded by Mendoza/Oerlemans to close the Public Hearing, and the motion carried unanimously.
Moved by:
Tony Oerlemans, Council Member
Seconded by:
Pa'tanisha Pierson, Council Member
Adopted Resolutions 2024-89 approving a Mitigated Negative Declaration (SCH# 20240501112) and Mitigation Monitoring and Reporting Program and Errata Sheet for the Orchard Grove North project.
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)
Moved by:
Tony Oerlemans, Council Member
Seconded by:
Pa'tanisha Pierson, Council Member
Adopted Resolution 2024-90 approving the Vesting Tentative Subdivision Map No. 9649 (VTSM 9649) for the Orchard Grove North project.
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)
Moved by:
Tony Oerlemans, Council Member
Seconded by:
Pa'tanisha Pierson, Council Member
Adopted Resolution 2024-91 approving Design Review No 23-012 (DR 23-012) for the Orchard Grove North project, with the amendment to condition of approval number 15 in the design review resolution to provide that the applicant shall submit the final landscaping plan to both the City and Contra Costa County Fire Protection District to ensure that the landscaping proposed constitutes defensible space within a minimum five-foot area around the home.
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
Parks & Recreation Operational Assessment Final Report
1. Parks and Recreation Operational Assessment Final Report - City Manager-2024-56.pdf
2. Previous Action(1).pdf
3. Brentwood PandR Asssessment Report.pdf
Alan Pennington and Chas Jordan of Matrix Consulting presented the item.
Ian Cohen reported the positive survey results aligned with his experience as a part-time employee with the Parks and Recreation Department, and provided comments regarding the need for standard operating procedures and SMART goals.
Moved by:
Pa'tanisha Pierson, Council Member
Seconded by:
Susannah Meyer, Vice Mayor
Accepted the Parks and Recreational Operational Assessment Final Report (the “Report”); directed the City Attorney’s Office to evaluate whether the City can legally implement recommendations contained in the Report; and directed staff to implement the recommendations in the Report that can be implemented.
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
2024 City of Brentwood Veterans Day Event and Amendment to the 24/25 General Fund Operating Budget
1. 2024 Veterans Day Event - Parks Recreation-2024-180.pdf
2. Attachment 1 Previous Action - Veterans Day.pdf
3. Attachment 2- Other agencies past events.pdf
4. Attachment 3- Resolution.pdf
Thien Nguyen, Recreation Manager, presented the item.
Mayor Bryant opened the public comment period.
Danny Dohrmann spoke in support of the item.
Dan Duran, Commander of
American Legion Post 202, reported that every military service branch is recognized except one at Veterans Park.
Michael Clement provided suggestions on how to improve the Veterans Day Ceremony.
Roger Cox spoke in support of the item and thanked the City Council, City staff, and the Police Chief for their support.
Amy Tilley spoke in support of the item as presented by staff and offered a partnership between the City and the Downtown Brentwood Coalition for Veterans events.
There being no one else wishing to speak on the item, Mayor Bryant closed the public comment period.
Following the motion and the vote, the City Council recessed at 8:55 p.m. and reconvened at 9:04 p.m.
Moved by:
Pa'tanisha Pierson, Council Member
Seconded by:
Tony Oerlemans, Council Member
Adopted Resolution 2024-85 Option 3 with the luncheon to include the general public and invite service groups to assist in serving the luncheon, and with the addition of a parade date flexible for future years not to exceed $40K future years Provide direction to City staff about plans for a 2024 Veterans Day Event and future events to recognize and honor military veterans including a possible amendment to the 2024/2025 General Fund Budget.
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
Designation of the voting delegate and an alternate for the 2024 League of California Cities Annual Conference
1. 2024 League of California Cities Annual Conference Voting Delegate - City Manager-2024-54.pdf
2. Resolution_2024 LCC Annual Conference Voting Delegate.pdf
3. 2024 Cal Cities Voting Delegate Information Packet.pdf Amanda McVey, Assistant City Clerk, 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:
Pa'tanisha Pierson, Council Member
Seconded by:
Susannah Meyer, Vice Mayor
Adopted Resolution 2024- designating Mayor Bryant as City’s voting delegate for the 2024 League of California Cities Annual Conference and Vice Mayor Meyer as the City's alternate voting delegate.
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)
Council Member Mendoza requested staff hold a townhall related to permitting and business license processes, inviting businesses to provide feedback on potential improvements to the permitting and business license process.
Council Member Mendoza requested staff prepare a memo on the status of improvements to the soundwall in Summerset.
Council Member Pierson requested staff prepare information on the trail between American Avenue and Mountain View Drive and the status of grant funds that may have been used to improve the trail.
J.
ADJOURNMENT
It was moved/seconded by Mendoza/Pierson to adjourn the meeting in honor and memory of Commander Bill Weber at 11:21 p.m. and the motion carried unanimously.