City Council - December 10, 2024
A.
CALL TO ORDER & ROLL CALL
B.
PLEDGE OF ALLEGIANCE
C.
NATIONAL ANTHEM
Performance by the Brentwood Vocal Collective
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
Proclamation Proclaiming January 11, 2025, as National Slavery/Human Trafficking Prevention Day
1. Natl Slavery Human Trafficking Prevention.pdf
F.2
Second Reading of a Zoning Text Amendment (RZ24-005) to the Brentwood Municipal Code to update regulations related to carwashes, short-term rentals, and alternative fuel stations
1. 2nd Rd - FZC Carwashes and STRs - Community Development-2024-103.pdf
2. Attachment 1 - Previous Action(5).pdf
3. Attachment 2 - Ordinance 1078 - Carwashes.pdf
4. Attachment 3 - Ordinance 1079 - STR.pdf
Title/Recommendation
Waive the second reading of and adopt Ordinance No. 1078 and 1079, approving an amendment (Rezone No. 24-005) to the Brentwood Municipal Code including the following:
1. Ordinance 1078, approving amendments to the Brentwood Municipal Code to prohibit new carwashes; allow for the operation of Alternative Fuel Stations in all zones where service stations/gas stations are currently allowed; and add a new land use classification in Section 17.030.030 (Definitions) for Alternative Fuel Station.
2. Ordinance 1079, approving an amendment to Brentwood Municipal Code Chapter 17.796 (Short-Term Rentals) to more clearly define and prohibit short-term rentals.
The proposed text amendments are exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that the proposed ordinances would restrict future land uses and development and would not facilitate new construction or other groundbreaking activities. There is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment.
F.3
Sale of City-Owned Property Located at 498 Fairview Avenue
1. Sale of Surplus Property Located at 498 Fairview Avenue - City Manager-2024-75.pdf
2. Attachment 1 - Previous Action(4).pdf
3. Attachment 2 - Resolution.pdf
4. Attachment 3 - Aerial.pdf
5. Attachment 4 - PSA - 498 Fairview Avenue_DRAFT_12.4.24.pdf
6. Attachment 5 - Council-Admin. Policy 10-20.pdf
7. Attachment 6 - SLA Affordable Housing Covenant.pdf
Title/Recommendation
Adopt a resolution approving and authorizing the City Manager, or designee, to execute an Agreement for Purchase and Sale of real property with Robert J. Freitas II, or related entity, in substantial conformance with the attached agreement, for City-owned property located at 498 Fairview Avenue (APN 012-020-003), and authorizing execution of other documents as necessary to complete the transaction.
F.4
Accept the Orchard Trails, Subdivision No. 9523, in-tract public improvements for maintenance; accepting the Maintenance Bond; releasing the Improvement Securities; and requesting that the City Clerk file this Resolution with the County
1. Acceptance of Orchard Trails - Engineering-2024-42.pdf
2. 1. Previous Action.pdf
3. 2. Photos.pdf
4. 3. Site Map.pdf
5. 4. Resolution.pdf
Title/Recommendation
Adopt a Resolution accepting the in-tract public improvements for Orchard Trails for maintenance; accepting the Maintenance Bond; releasing the Improvement Securities and requesting that the City Clerk file this Resolution with the Recorder of Contra Costa County for these improvements, constructed as a part of Orchard Trails, 9253, located west of Walnut Boulevard, north of the ECCID main canal, and south of Continente Avenue.
F.5
Informational Report on Final Map of Subdivision No. 9574, Hanson Lane, developed by Meritage Homes, Inc.
1. Hanson Lane - Final Map - Engineering-2024-43.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. 9574, Hanson Lane, developed by Meritage Homes, Inc., located at 251 Hanson Lane (018-231-034).
F.6
Accept the work performed by and file a Notice of Completion for Ghilotti Bros., Inc. for Lone Tree Way Roadway Improvements Phase I, CIP Project No. 336-31701
1. Acceptance of Lone Tree Roadway Improvements (PH1) - Engineering-2024-44.pdf
2. 1. Previous Action(2).pdf
3. 2. Photographs.pdf
4. 3. Resolution.pdf
5. 4. Notice of Completion.pdf
Title/Recommendation
Adopt a Resolution accepting the work performed by Ghilotti Bros., Inc (“Contractor”) for the Lone Tree Way Roadway Improvements Phase I CIP Project No. 336-31701, (“Project”); and requesting the City Clerk to file a Notice of Completion with the County Recorder.
F.7
Notice of Completion for work performed by Landscape Structures, Inc. for the Homecoming Park Playground Replacement Project, CIP Project No. 352-52447
1. Notice of Completion for worked performed for Homecoming Park - Parks Recreation-2024-227.pdf
2. Attachment 1 - Previous Action(1).pdf
3. Resolution(1).pdf
4. Notice of Completion -Homecoming Park Playground Replacement.pdf Title/Recommendation
Adopt a Resolution accepting the work performed by Landscape Structures, Inc. for the Homecoming Park Playground Replacement Project, CIP Project No. 352-52447, and File a Notice of Completion with the County Recorder.
F.8
Approve Amendment No. 2 to the Agreement for Park Restroom Cleaning and Trash Receptacle Maintenance Services with Terracare Associates for a two-year term through December 31, 2026
1. Restroom Cleaning and Trash Receptacle Maintenance Services - Parks Recreation-2024-250.pdf
2. Attachment 1 - Previous Action.pdf
3. Resolution.pdf
4. Amendment No. 2.pdf
Title/Recommendation
Adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. 2 to the Agreement for Park Restroom and Trash Receptacle Maintenance Services with Terracare Associates for a two-year term from January 1, 2025 – December 31, 2026 in the amount of $491,065.56, plus funding authorization for a 5% contingency of $24,553.28, and authorize the City Manager or designee to approve necessary documents for the base bid, extra work, and extensions as appropriate.
F.9
Purchase one new replacement valve turning truck, and authorize the City Manager or designee to execute any necessary documents in a total amount not to exceed $249,720
1. Purchase one new replacement Valve Turning truck - Public Works-2024-31.pdf
2. Previous Action.pdf
3. Resolution(2).pdf
4. Quote.pdf
Title/Recommendation
Adopt a Resolution approving the purchase of one new replacement E.H. Wachs valve turning truck for the Water Operations Division from Rush Truck Center in San Diego, CA; and authorizing the City Manager or designee to execute any necessary documents in an amount not to exceed $249,720.
F.10
Purchase a Fleet Management software system, authorize City Manager or designee to execute an agreement and any necessary documents in a total amount not to exceed $116,330 and amend the 2024/25 Fleet Maintenance Services Fund Operating Budget by $21,330
1. Purchase Fleet Management Software System - Public Works-2024-30.pdf
2. Previous Action(1).pdf
3. Resolution(3).pdf
4. Agreement.pdf
5. Quote(1).pdf
Title/Recommendation
Adopt a Resolution approving the purchase and installation of a Fleet Management software system for the Public Works Fleet Maintenance Division from TT Faster LLC, dba FASTER Asset Solutions in Virginia Beach, VA; authorizing the City Manager or designee to execute an agreement and any necessary documents for Fleet Management Information Solution Services in an amount not to exceed $116,330; and amending the 2024/25 Fleet Maintenance Services Fund Operating Budget by $21,330.
F.11
2023/24 Development Impact Fee Report
1. FY 23-24 Development Impact Fee Report - Finance and Information Systems-2024-35.pdf
2. ATTACHMENT 1 - PREVIOUS ACTION(2).pdf
3. ATTACHMENT 2 - 23-24 DIF Report.pdf
Title/Recommendation
The Development Impact Fee Report ensures compliance with California Government Code Section 66006(b) and 66001(d), which requires an annual report providing specific information about those fees be prepared and made available to the public. Staff recommends that the City Council receive and file the 2023/24 Development Impact Fee Report.
F.12
Combined Community Facility Facilities District (CFD) Annual Report for Special Taxes Levied for Fiscal Year 2023/24
1. FY2324 Combined CFD Annual Report - Finance and Information Systems-2024-34.pdf
2. Attachment 1 - Previous Action(3).pdf
3. 23-24 Combined CFD Annual Report for Special Taxes Levied.pdf Title/Recommendation
The Combined Community Facilities District (CFD) Annual Report for Special Taxes Levied ensures compliance with Government Code §50075.3
, which requires an annual report be filed with the Legislative body for voter approved special taxes. Staff recommends that the City Council receive and file the Combined Community Facilities District (CFD) Annual Report for Special Taxes Levied for Fiscal Year 2023/24.
F.13
Supplement to the Annual Report on the Low and Moderate Income Housing Fund for Fiscal Year 2023/24
1. Supp. to FY 23-24 Low Mod Inc Housing Rpt - FIS-2024-32.pdf
2. Attachment 1 - Previous Action 23-24 Supp to low mod housing report.pdf
3. Exhibit A 23-24 Supp to Low Mod Housing Report.pdf
Title/Recommendation
The Supplement to the Annual Report on the Low and Moderate Income Housing Fund ensures compliance with Senate Bill 341 (SB 341) requirements for Housing Successors and will be submitted to the Department of Housing and Community Development (HCD) as an addendum to the Annual Progress Report that will be prepared in Spring 2025. Staff recommends that the City Council receive and file the Supplement to the Annual Report on the Low and Moderate Income Housing Fund for Fiscal Year 2023/24.
F.14
City Council Meeting Minutes
1. Meeting Minutes - CCM_Aug27_2024.pdf
2. Meeting Minutes - CCM_Sep10_2024.pdf
3. Meeting Minutes - CCM_Sep24_2024.pdf
4. Meeting Minutes - CCM_Oct08_2024.pdf
5. Meeting Minutes - CCM_Oct22_2024.pdf
6. Meeting Minutes - CCM_Nov12_2024.pdf
G.
PRESENTATIONS
G.1
Recognition of Mayor Bryant for his service on the Brentwood City Council
H.
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.
H.1
An application for Bridle Gate, including a Revised Environmental Impact Report, Vesting Tentative Subdivision Map, and Design Review
1. Bridle Gate - REIR, VTSM, and DR - Community Development-2024-105.pdf
2. Draft City Council Resolution Denying VTSM 9586 and DR 21-010.pdf
3. Draft City Council Resolution Certifying the REIR.pdf
4. Draft City Council Resolution Approving Alternate VTSM 9586.pdf
5. Draft City Council Resolution Approving DR 21-010.pdf
6. Alternate VTSM 9586 and Preliminary Grading and Utility Plan.pdf
7. Applicant Revised Project Description.pdf
8. Proposed Master Plotting Plan with preliminary locations of affordable housing units.pdf
9. Raney CEQA Memorandum on Alternate VTSM 9586.pdf
10. Previous Actions.pdf
11. August 27, 2024 City Council Staff Report (without attachments).pdf
12. Planning Commission Resolution No. 23-032 (adopted July 16, 2024).pdf
13. July 16, 2024 Planning Commission Staff Report (without attachments).pdf
14. Bridle Gate Design Review Booklet.pdf
15. Raney Memorandum on Traffic Calming Options (July 9, 2024).pdf
16. City Council Ordinance No. 1014.pdf
17. E-mail from Doug Chen to City Council - 12.03.24.pdf Title/Recommendation
The City Council has two options:
Deny the appeal, upholding the Planning Commission’s action to deny the project, by adopting a resolution based upon direction and proposed findings provided by the City Council; or Approve the appeal, reversing the Planning Commission’s action to deny the project. Three resolutions are included in the packet that would approve the alternate version of the project proposed by the Applicant by: (1) certifying the Revised EIR (REIR) and making CEQA findings, (2) approving the Vesting Tentative Subdivision Map (VTSM 9586), and (3) approving the Design Review (DR 21-010). In the alternative, if the Council so desired, it could choose to approve the project as originally proposed at the August 27, 2024 Council meeting.
The proposed project includes two maps for the City Council’s consideration, the Vesting Tentative Subdivision Map (VTSM) originally submitted with this application (“Proposed VTSM”), and an alternate version of the VTSM submitted by the applicant on September 9, 2024 to address the concerns noted at the public hearing on August 27, 2024 (“Alternate VTSM”):
The Proposed VTSM includes the development of 272 single-family detached residences, two parks, open space, stormwater detention and treatment areas, utility connections, and construction of an internal roadway network on approximately 92.96 acres. As noted in the applicant’s December 3, 2024 email to the City Council (Attachment 17), the applicant has not withdrawn the Proposed VTSM.
The Alternate VTSM includes the development of 269 single-family detached residences, as well as associated improvements within the project site, including one park, open space, stormwater detention and treatment areas, utility connections, and construction of an internal roadway network on approximately 92.96 acres.
The 36.82 acres of land located north of Sand Creek Road are on a separate legal parcel shown as a designated remainder on both VTSMs and is therefore not proposed to be developed as part of this application.
The project site is bounded by Sand Creek Road to the north, State Route (SR) 4 to the east, a single-family residential development (Brentwood Hills) to the south, and the edge of the Brentwood Planning Area and the City of Antioch’s city limits to the west (APNs: 019-082-009 and 019-082-010).
The City prepared a Revised Environmental Impact Report (REIR) for the Proposed VTSM in accordance with the requirements of the California Environmental Quality Act (CEQA, codified at Public Resources Code §§ 21000, et seq., and as further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.). Several potentially significant impacts are identified; however, mitigation measures are proposed to reduce those impacts to less-than-significant levels. The Alternate VTSM revisions do not modify this analysis.
I.
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.
I.1
Independent Auditors’ Reports and Annual Comprehensive Financial Report for Fiscal Year 2023/24; and Report on the Financial Awards received by the City
1. 23-24 Auditor's Report, ACFR and Financial Awards - FIS-2024-33.pdf
2. Attachment 1 - Previous Action 23-24 ACFR.pdf
3. 23-24 ACFR Final 12-10-24.pdf
4. Brentwood MOIC 2024.pdf
5. Brentwood RC 2024.pdf
6. 5 - Certificate.pdf
7. 2425 2526 GFOA Award.pdf
8. 23-24 Award.pdf
Title/Recommendation
Independent Auditors’ Reports and Annual Comprehensive Financial Report for Fiscal Year 2023/24; and Report on the Financial Awards received by the City.
Staff recommends the City Council receive the Independent Auditors’ Reports and Annual Comprehensive Financial Report for Fiscal Year 2023/24 and the report on the Financial Awards received by the City.
I.2
Receive update and provide direction on implementation of the Solid Waste Organics Diversion project
1. Provide direction on implementation of the SW Organics Diversion project - Public Works-2024-29.pdf
2. Previous Action(4).pdf
3. CIP Project Sheet.pdf
Title/Recommendation
Receive update and provide direction on implementation of the Solid Waste Organics Diversion project, Capital Improvement Program (CIP) Project No. 542-54021.
I.3
Approve a successor Memorandum of Understanding between the City of Brentwood and the Brentwood Police Lieutenants’ Group for the period of July 1, 2024 - June 30, 2027; and Adopt Appropriations Amendments to the 2024/25 – 2025/26 Operating Budget
1. Brentwood Lieutenants MOU - Human Resources-2024-03.pdf
2. Attachment 1 - Previous Action BLtsGroup MOU 2024-2027.pdf
3. Resolution BLtsGroup 2024-2027 FINAL.pdf
4. Exhibit A(1).pdf
Title/Recommendation
Adopt a Resolution: 1) Approving and Authorizing the City Manager to execute a successor Memorandum of Understanding (MOU) between the City of Brentwood and the Brentwood Police Lieutenants’ Group for the period of July 1, 2024 through June 30, 2027; 2) Approving the Pay Schedule in accordance with the California Code of Regulations, Title 2, Section 570.5 and Authorizing the Director of Human Resources/Risk Manager to make ministerial revisions to the Pay Schedule to reflect the changes; and 3) Adopting Appropriations Amendments to the 2024/25 – 2025/26 Operating Budget.
The proposed actions will ensure there is a current agreement between the City of Brentwood and Brentwood Police Lieutenants’ Group regarding wages, hours, and other terms and conditions of employment.
I.4
A Resolution reciting the facts of the General Municipal Election held on November 5, 2024, declaring the results, and taking such other actions regarding the election as provided by law
1. 2024 General Municipal Election - City Clerk-2024-07.pdf
2. Previous Action(2).pdf
3. Resolution(4).pdf
4. Exhibit A.pdf
Title/Recommendation
Following each General Municipal Election, and following the certification of election results by the Contra Costa County elections division, the California Elections Code requires the City Council to adopt a Resolution declaring the results.
Adopt a Resolution reciting the facts of the General Municipal Election held on November 5, 2024, declaring the results, and taking such other actions regarding the election as required by law.
J.
ADJOURNMENT - ADJOURN THE 2022/2024 CITY COUNCIL/SUCCESSOR AGENCY/BRENTWOOD INFRASTRUCTURE FINANCING AUTHORITY SINE DIE
K.
OATH OF OFFICE - INSTALLATION OF NEWLY ELECTED COUNCIL MEMBERS
L.
CONVENE THE 2024/2026 CITY COUNCIL
M.
BUSINESS ITEMS
M.1
Election of a member of the City Council to serve as Vice Mayor for a term of two years
1. Election of Vice Mayor - City Clerk-2024-08.pdf
Title/Recommendation
By motion, elect a member of the City Council to serve as Vice Mayor for a term of two years.
N.
REQUESTED FUTURE AGENDA ITEM(S)
N.1
A request from Council Member Pierson and Council Member Oerlemans requesting the City Council consider funding a Youth Midnight Basketball League and assist with a location
1. Requested Item Pierson and Oerlemans Youth Midnight Basketball League - City Manager-2024-78.pdf
2. Previous Action(3).pdf
3. MBL Participant Report Youth count from 2021 2024.pdf
4. MBL Participant Report Adult count from 2021 2024.pdf
5. MBL Pictures.pdf
Title/Recommendation
Title/Recommendation
That the City Council consider and discuss the request from Council Members Pierson and Oerlemans requesting consideration of funding and providing assistance in obtaining a location for a Youth Midnight Basketball League for ages 12 – 25.
O.
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 December 5, 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
A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov