On Tuesday, the Brentwood City Council directed staff to work on policy and modifications to its outdoor dining and merchandise displays in downtown Brentwood.
It’s unclear when the item will return, however, staff has been directed to work with local business and the Downtown Brentwood Coalition on a number of items within the potential policy:
- Processing fees
- Cleaning deposit
- Create a clearly approved area to operate
- Annual inspections
- Continue to not charge/lease the area to business
- Create a permit revocation process
- Do not allow a business to separate their outdoor dining area from their business
- ADA minimum or higher access on the sidewalk (4’ or 5’), strollers, electric scooter, walkers
- Bar seating along fence line (future operators)
- Create processes
- Grandfather, not amnesty
- New or existing rules
- Design Specifications
- Location
- Materials
- Heights
- Signage
Once a policy is crafted, after input from local businesses, city staff said the policy would go before the planning commission and then to the city council for final policy approval–the process could take up to a year.
Councilwoman Pa’Tanisha Pierson asked about the fee or costs to process a permit. Staff does not have a cost yet, it would be up to the council to determine full cost recovery or a fee.
Pierson also asked about the cost of a “cleaning deposit”. Staff said it would be full cost recovery as Gale said the city currently spends about $11,000 each time it cleans the sidewalks in the downtown.
Pierson asked about insurance. Gale said they would need to have insurance for the space they are occupying in the public right of way.
Pierson also asked why they did not want seats facing the streets. Gale replied, it was at the request of a councilmember—it had to do with a person who was standing outside the fence consuming beverages, eating or drinking. The other issue was interactions with person eating/drinking and a person walking by. He said some cities allow it, some don’t and it was up to the council to determine.
Pierson also asked if this is something that needs to happen for the entire city, why is it being targeted at the downtown right now. Gale replied it had to do with response to COVID and most businesses around the city have moved back indoors and it wasn’t an issue citywide, only downtown with a wide sidewalk which allows for use of space by the businesses—noting its the only place where its actually occurring.
Councilwoman Jovita Mendoza asked why they were here with all this.
Gale said at a minimum when reviewing this based on the original request, they needed to ensure everyone had insurance, design standards, properly cleaning and a revoke policy if needed. Staff was requesting direction on an update to the code, indemnification, a process for approval, and permits.
Councilmember Tony Oerlemans asked about ABC compliance and ADA compliance. Gale said if council offers direction they would go out to each business and do a check—but they know of one or two spots that is not in compliance. Meanwhile, some buildings with fences do not have permits and some who included electrical and one drilled into a pillar.
It was also shared some of the bars that installed outdoor bar tops, do not meet ADA compliance with height. Some also have installed heaters, lighting, televisions/monitors. None of these things have been permitted.
“We really need to update the code so the city is protecting itself and that we have good rules for allowing a business to operate within the public right of way,” said Gale.
Vice Mayor Susannah Meyer questioned what problem they were trying to solve when reviewing the staff report saying the conversation was confusing because there was a lot to cover. She questioned how the 1-year process goes forward.
Gale responded when council asked for future agenda items, councils always ask them to include other items related they can think of and in reviewing it, they found deficiencies within the code, but this was a workshop to get feedback, but noted staff had been working on this staff report and gathering information for it for quite some time.
Gale shared they would meet with the local businesses and the Downtown Business Coalition as a first step which the council could make recommendations, but businesses push back. They would then talk through the policies and issues that arise.
Editors Note: Mendoza Plays Victim Again – Claims She Didn’t Bring Item Forward
On Tuesday, Councilwoman Jovita Mendoza blamed city staff and this publication for apparently receiving “hate comments” after the agenda was released and a preview article was posted on this website–as if staff and media are to blame for her own requests.
She accused this publication of “continuing to change the narrative about what really happened and by you doing this, they say I brought the item forward. I didn’t bring this item forward, I was talking about that one business”.
Wrong, it was Mendoza who brought this to staff after she believed Harry’s Tavern was not operating properly–which the former owners have verified.
Here is the January 11, 2022 Agenda, it states “Future Agenda Item Request from Council Member Mendoza for a city council discussion and possible direction to staff related to outdoor dining design standards and with approvals to be considered by the Planning Commission”.
That vote was approved 5-0. That agenda request is pretty darn clear and no one had an issue with it then, but now that its being brought back and history shared, its suddenly a problem in an election year.
In what has become routine, when Mendoza gets blow back from the public for item requests she makes, she deflects onto others such as staff for not being more clear on agenda items–even when they confirm with her the requests and wording. Its silly and childish. Ms. Mendoza, we are all not going to agree all the time, that is perfectly fine!
However, facts are funny things, when anyone brings forward a policy request, while it may be to target a single business, it doesn’t impact just a single business, it impacts an area, in this case the downtown, an entire city, or types of business (such as smoke shops).
But at least Mendoza in her great wisdom of blaming staff and this publication, admitted bringing this forward on that single business–nailing the double speak and firming up she knows how to be a true politician in blaming others.
While Mendoza can complain about staff or ContraCosta.news all she wants and attempt to deflect, the bottom line is she had an issue with Harry’s Tavern, brought it forward, now many others are now dealing with the fallout.
My advice to Mendoza, own your request, wear it proudly and realize each action has a consequence to real people and real businesses. In this case, businesses will be paying out of pocket thanks to bureaucracy and a councilwoman’s pettiness.
Staff Documents:
- Outdoor Dining – City Manager-2023-10.pdf
- Attachment 1 Previous Actions.pdf
- Current Outdoor Dining and Merchandise Zoning Code.pdf
Related
- May 17, 2023 – Bill Seeks to Sustain Outdoor Dining Across California (later approved by Governor)
