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Minutes, first session

Brentwood City Council
September 10, 2024

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Minutes, first session
Meeting
September 10, 2024
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Brentwood City Council
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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.

1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
September 10, 2024, 7:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 8:15 p.m.

Roll Call found the following members present: Mendoza, Meyer, Pierson, Oerlemans, and Mayor Bryant.

B. PLEDGE OF ALLEGIANCE
Mayor Bryant led the Pledge of Allegiance.

C. PUBLIC COMMENTS
Lisa Maule provided information on the Art Guild of the Delta's Banner-up auction event to be held on Saturday, September 14, 2024.

Melissa van Ruiten provided comments in support of DEI initiatives.

Rojan Habon and Alana Osivwemu, representing the Brentwood Youth Commission, provided an update on upcoming events including the Homecoming Parade, the Multi-Cultural Festival and Hometown Halloween.

Emiliano Diaz read the Bible verse of the day.

Scott Dempsey, Romeeka, Ashley D., Heather Silfies, Jaylene, Sonia, and Beth Baldwin provided comments expressing the concerns and negative impacts of the ongoing labor negotiations and the classification and compensation study.

Danny Dohrmann provided comments regarding the City's Affordable Housing Program vetting process and stated support for Council Member Mendoza, Vice Mayor Meyer, and Planning Commissioner Roberts.

D. PRESENTATIONS
There were no presentations.

E. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Council Member Mendoza reported on attendance at the East Contra Costa Historical Society Annual Community Barbecue, Our Neighborhood Voices meetings, a Latino Caucus meeting, and watched the Planning Commission meeting.
2 Council Member Pierson reported on attendance at the Blue Ribbon Cutting for Daniel P. Torres Financial & Insurance Services celebrating 15 years of service in the City of Brentwood, La Gran Fiesta, and watched the Planning Commission meeting.

Council Member Oerlemans reported on attendance at the Blue Ribbon Cutting for Daniel P. Torres Financial & Insurance Services, the swearing-in of a new Brentwood Police Officer, Mayors Conference, PAL board meeting, and watched the Planning Commission meeting.

Vice Mayor Meyer reported on attendance at the Imagine Job Fair and Brentwood Party Rentals Law Enforcement Job Fair at the Streets of Brentwood, Mayors Conference, East Contra Costa Historical Society Annual Community Barbecue, and watched the Planning Commission meeting.

Mayor Bryant reported on attendance at the swearing-in of a new Brentwood Police Officer.

F. CONSENT CALENDAR
Mayor Bryant pulled Item F.1 to be heard separately from the Consent Calendar.

Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Council Member
Adopted the Consent Calendar as recommended by staff, excluding Item F.1.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
F.1 A Proclamation Recognizing the 95th Anniversary of the Brentwood Lion's Club
Mayor Bryant presented the proclamation to the Brentwood Lion's Club.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
F.2 A Proclamation Proclaiming September 11, 2024, as Patriot Day F.3 Write-Off of Uncollectible Accounts Receivable Over $5,000 3 Adopted Resolution 2024-95 authorizing the write-off of two uncollectible account receivables in the amounts of $7,319.20 and $7,497.79
F.4 Purchase one new 40,000 lb Equipment Trailer, and authorize the City Manager or designee to execute any necessary documents in a total amount not to exceed $90,225.

Adopted Resolution 2024-96 approving the purchase of one new 40,000 lb Equipment Trailer (Trail-Eze TE401) from Great Western Trailer in Fontana, CA; and authorizing the City Manager or designee to execute any necessary documents in an amount not to exceed $90,225.

F.5 Consideration of Recommendation and Potential Appointment of Angela Caprini to the Arts Commission
The City Council, by motion, appointed Angela Caprini to the Arts Commission, with a term expiring on December 31, 2026.

G. PUBLIC HEARINGS
G.1 Approve the Final Engineer’s Report, and confirm and order the formation of Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside)
Mayor Bryant opened the public hearing, there being no one wishing to speak on the item, Mayor Bryant closed the public hearing.

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
The City Council, by motion, continued the item to September 24, 2024.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
G.2 Approve the Final Engineer’s Report, and confirm the ordering of the formation of Landscape & Lighting Assessment District No. 24-1 (Hanson Lane)
Mayor Bryant opened the public hearing.

There being no one wishing to speak on the item, it was moved/seconded by Mendoza/Meyer to close the public hearing and the motion carried unanimously.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Susannah Meyer, Vice Mayor
4 Adopted Resolution 2024-98 ordering the formation of Landscape & Lighting Assessment District No. 24-1 (Hanson Lane); ordering improvements and confirming the diagram and assessments as shown in the Landscape & Lighting Assessment District No. 24-1 (Hanson Lane) Fiscal Year 2024-25 Final Engineer’s Report in accordance with provisions of the Streets and Highways Code “Landscaping and Lighting Act of 1972” and California Proposition 218.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
G.3 Approve the Final Engineer’s Report, and confirm and order the formation of Landscape & Lighting Assessment District No. 24-3 (Inez Estates).

Mayor Bryant opened the public hearing.

There being no one wishing to speak on the item, it was moved/seconded by Pierson/Oerlemans to close the public hearing and the motion carried unanimously.

Moved by: Tony Oerlemans, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted Resolution 2024-99 ordering the formation of Landscape & Lighting Assessment District No. 24-3 (Inez Estates); ordering improvements and confirming the diagram and assessments as shown in the Landscape & Lighting Assessment District No. 24-3 (Inez Estates) Fiscal Year 2024-25 Final Engineer’s Report in accordance with provisions of the Streets and Highways Code “Landscaping and Lighting Act of 1972” and California Proposition 218.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
G.4 Call for review of a Design Review and a Conditional Use Permit for a new Popeye’s drive-through restaurant.

Sunny Ghai spoke on behalf of the applicant.

Jason Read, Mel Young, Bob Gutierrez, Denise Cosgrove, and Frank Orosco, spoke in support of approving the item.

Laura Avila, Melissa van Ruiten, Marivel Mendoza, Selena Martinez, Planning Commissioner Rod Flohr, Danny Dorhmann, Alejandro 5 Cuevas, Marisol Valles, Carolina Villaseca, and Sinziana Todor spoke in opposition of approving the item.

There being no one else wishing to speak, it was moved/seconded by Pierson/Meyer to close the public hearing and the motion carried unanimously.

The City Council recessed at 10:41 p.m. and reconvened in open session at 10:55p.m.

Following Council discussion, the City Council recessed at 11:57 p.m. and reconvened in open session at 12:09 a.m. (Wednesday, September 11, 2024).

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted Resolution 2024-97 denying Conditional Use Permit (CUP 23- 006) and Design Review (DR 23-003) for a 2,735 square foot Popeye’s restaurant to operate between the hours of 10:00 a.m. and 12:00 a.m. and to feature a drive-through located at 7820 Brentwood Boulevard (APN 016-150-106).

Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, and Joel Bryant, Mayor Noes (1): Tony Oerlemans, Council Member
Motion Approved (4 to 1)
Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
The City Council, by motion, denied a Design Review (DR 23-003) for a new restaurant building with a drive-through feature located at 7820 Brentwood Boulevard (APN 016-150-106) on the basis that it cannot be approved due to the denial of the Conditional Use Permit (CUP 23- 006) and directed staff to include the Design Review denial language in Resolution 2024-97.

Ayes (3): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, and Pa'tanisha Pierson, Council Member
Noes (2): Tony Oerlemans, Council Member, and Joel Bryant, Mayor Motion Approved (3 to 2)
H. BUSINESS ITEMS
H.1 Approve the proposed refunding of the outstanding Water Revenue Refunding Bonds, Series 2014 through the issuance of Water Revenue 6 Refunding Bonds, Series 2024 (the “2024 Bonds”) and direct staff to take all necessary steps to execute and deliver any and 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: Tony Oerlemans, Council Member
Adopted City Council Resolution 2024-111 1) authorizing issuance and sale of the 2024 Bonds; 2) authorizing execution of a Third Supplemental Trust Agreement; 3) authorizing execution of a Third Supplemental Installment Sale Agreement; 4) authorizing execution of a Bond Purchase Contract; 5) approving an Official Statement; and 6) directing staff to take all necessary steps to execute and deliver any and all documents necessary to facilitate the issuance, sale and delivery of the 2024 Bonds.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
Moved by: Jovita Mendoza, Council Member
Seconded by: Tony Oerlemans, Council Member
Adopted Brentwood Infrastructure Financing Authority (“BIFA”) Resolution BIFA 52 1) authorizing issuance and sale of the 2024 Bonds; 2) authorizing execution of a Third Supplemental Trust Agreement; 3) authorizing execution of a Third Supplemental Installment Sale Agreement; 4) authorizing execution of a Bond Purchase Contract; 5) approving an Official Statement; and 6) directing staff to take all necessary steps to execute and deliver any and all documents necessary to facilitate the issuance, sale and delivery of the 2024 Bonds.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
H.2 Introduction and Waiver of First Reading of an Ordinance Amending the Brentwood Municipal Code to allow Pad-Mounted Transformers within Development Projects.

Moved by: Joel Bryant, Mayor
Seconded by: Jovita Mendoza, Council Member
7 The City Council, by motion, continued consideration of the item to the next available City Council meeting.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
H.3 Review of City Council and Commission process for public comments to reduce hate speech and the use of virtual platforms for public comments; and consider drafting a statement of values
Moved by: Joel Bryant, Mayor
Seconded by: Jovita Mendoza, Council Member
The City Council, by motion, continued consideration of the item to the next available City Council meeting.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
I. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
There were no new requests for future agenda items made.

J. REQUESTED FUTURE AGENDA ITEM(S)
J.1 A Request from Council Member Mendoza for the preparation of a memo on the status of improvements to a wall located in Summerset.

Council Member Mendoza presented the item.

Nick, on behalf of Summerset I, requested the memo be made public.

Paul, President of Summerset I, requested the City Council provide the necessary direction to staff.

Bruce provided an update on behalf of staff.

Council Member Mendoza withdrew her request.

Withdrawn
J.2 A request from Council Member Mendoza requesting staff hold a townhall related to permitting and business license processes Moved by: Joel Bryant, Mayor
Seconded by: Jovita Mendoza, Council Member
8 The City Council, by motion, continued consideration of the item to the next available City Council meeting.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
J.3 A request from Council Member Pierson requesting staff prepare information related to the trail between American Avenue and Mountain View Drive
Council Member Pierson presented the item.

Mayor Bryant opened the public comment period.

Carolina Villaseca provided comments in support of bringing this item forward.

Marisol Valles provided comments in support of bringing this item forward.

Sinziana Todor provided comments regarding safety concerns.

There being no one else wishing to speak, Mayor Bryant closed the public comment period.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
The City Council, by motion, continued the item to a future meeting date to be determined by staff.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
K. ADJOURNMENT
It was moved/seconded by Meyer/Pierson to adjourn the meeting on Wednesday, September 11, 2024, at 12:35 a.m. and the motion carried unanimously.

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