City Council - October 10, 2023
A.
CALL TO ORDER & ROLL CALL
B.
PLEDGE OF ALLEGIANCE
C.
REPORT ON CLOSED SESSION
D.
PUBLIC COMMENTS
The public is permitted to speak on items that are listed under Presentations; Informational Reports from Council Members, Committee, Liaisons, and Staff; on the Consent Calendar; Requests for Future Agenda Items, new items; or items not on the agenda. Public comments for scheduled agenda items should wait until that time. To accommodate those speaking in-person and via Zoom, if Zoom participation is offered, we will call upon those in-person first, and then to Zoom. If necessary, we will repeat that process. Note that the Zoom participation option is provided to the public as a courtesy in order to facilitate participation. The City does not, however, guarantee that meeting participation will be available via Zoom. If Zoom participation is not enabled, or turned off, the meeting will continue with public attendance in person only.
In Person:
Please file a speaker’s card with the City Clerk on the form provided on the counter at the back of the Chambers.
Zoom (If enabled)
: Please use the Raise Your Hand feature in Zoom during this item to speak under Public Comments.
Persons are required to limit their remarks to five (5) minutes unless an extension of time is granted by the Mayor subject to approval of the City Council/Successor Agency. Pursuant 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. 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.
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
Minutes of the City Council/Successor Agency meeting of September 26, 2023
1. Meeting Minutes - CCM_Sep26_2023.pdf
F.2
A Proclamation reaffirming Diversity, Equity, Inclusion, and Belonging in Brentwood
1. Diversity, Equity, Inclusion and Belonging Proclamation.pdf
F.3
A Proclamation proclaiming October 24, 2023, as World Polio Day
1. World Polio Day.pdf
F.4
A Proclamation Proclaiming October 8th through October 14th as Code Enforcement Appreciation Week
1. Code Enforcement Appreciation Week.pdf
F.5
Support Local, State, and Federal Efforts to Exonerate the Port Chicago 50
1. Port Chicago 50 Exoneration - City Manager-2023-42.pdf
2. Previous Action_Port Chicago 50.pdf
3. Resolution Port Chicago 50.pdf
4. Letter of Support Port Chicago 50.pdf
5. Proclamation_Port Chicago 50.pdf
Title/Recommendation
Adopt a Resolution authorizing the Mayor or designee to send a letter of support to the United States Navy regarding local, state, and federal efforts to exonerate the Port Chicago 50; and adopt a proclamation in support of local, state and federal efforts to exonerate the Port Chicago 50.
F.6
Consideration of appointments to the Contra Costa County Mosquito and Vector Control District Board of Trustees and to the Contra Costa County Advisory Council on Aging
1. Appointments to Mosquito and Vector Control and Advisory Council on Aging - City Manager-2023-43.pdf
2. Exhibit A - Mosquito and Vector Control District Application.pdf
3. Exhibit B - Advisory Council on Aging Applications.pdf Title/Recommendation
Consider the appointment of 1) Vinoy Mereddy to the Contra Costa Mosquito and Vector Control District Board of Trustees, for a two-year term; and 2) Eric Britz to the Contra Costa County Advisory Council on Aging for a two-year term.
G.
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.
G.1
Amendments to the Brentwood Municipal Code in response to SB 1186 (Weiner) – Medicinal Cannabis Patients’ Rights Access Act
1. Amendments to the Brentwood Municipal Code in Response to SB 1186 - City Manager-2023-41.pdf
2. Attachment 1 - Previous Action.pdf
3. Planning Commission Resolution.pdf
4. Attachment 3 - Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act.pdf
5. Attachment 4 - League of Cities - SB-1186-Fact-Sheet.pdf
6. Attachment 5 - Chapter 9.50 - Clean Version.pdf
7. Attachment 6 - Chapter 9.50 - Redline Version.pdf
8. Attachment 7 - Chapter 17.780 - Clean Version.pdf
9. Attachment 8 - Chapter 17.780 - Redline Version.pdf
Title/Recommendation
Repeal Chapter 17.780 (Marijuana Facilities and Cultivation) and Chapter 9.50 (Marijuana Facilities and Cultivation) of the Brentwood Municipal Code and replace them in their entirety with new Chapter 17.780 (Cannabis Facilities and Cultivation) and Chapter 9.50 (Cannabis Facilities and Cultivation) to leave in place existing prohibitions on cannabis cultivation, cannabis dispensaries, and non-medicinal cannabis deliveries within the City of Brentwood, while allowing for and regulating medicinal cannabis deliveries, as required by SB 1186.
These ordinances to replace Chapter 17.780 and Chapter 9.50 of the Brentwood Municipal Code in their entirety are exempt from the provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) (CEQA) because the City Council hereby finds that it can be seen with certainty that there is no possibility the adoption and implementation of the ordinances may have a significant effect on the environment, and the ordinances are exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(1), 15061(b)(2), and 15061(b)(3).
G.2
Informational update on an Ordinance amending provisions of the Brentwood Municipal Code related to oil and gas development
1. An Ordinance Amending Chapter 17.680 of the Brentwood Municipal Code.pdf
2. Previous Actions.pdf
3. Ordinance.pdf
4. Chevron USA Inc v County of Monterey.pdf
5. Public Resources Code Section 3106.pdf
6. Government Code 65857.pdf
Title/Recommendation
Based on the revisions to the proposed ordinance that have occurred since it was reviewed by the Planning Commission, it will be returned to that body for review and recommendation prior to final City Council action. Staff will therefore present the City Council with an update and next steps on the Ordinance that amends Brentwood Municipal Code Chapters 17.467 and 17.505 to remove oil and gas development uses as conditionally permitted uses in PD’s 17 and 55; amends Chapter 17.450 to require oil and gas development uses to be specifically listed as conditionally permitted uses in planned development districts to be eligible for conditional use permits; and amends Chapter 17.680 to update oil and gas production regulations.
Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, it has been determined that the Ordinance is exempt from CEQA, including without limitation, requirements for CEQA review, pursuant to: the “common sense” exemption under CEQA Guidelines Section 15061(b)(3), and the following categorical exemption classes under CEQA Guidelines Section 15061(b)(2): Class 4 - Alterations to Land (CEQA Guidelines Section 15304) and Class 8 - Actions by Regulatory Agencies for the Protection of the Environment (CEQA Guidelines Section 15308).
H.
BUSINESS ITEMS
H.1
Contra Costa County Animal Services code amendments related to animals being kept outdoors during extreme weather
1. Contra Costa County Animal Control suggestions for code amendments - City Manager-2023-45.pdf
2. Previous Action - Animal Ordinance Suggestions.pdf
Title/Recommendation
That the City Council consider suggestions to share with Contra Costa County for code amendments related to animals being kept outdoors during extreme weather.
H.2
Inclusive and Adaptive Recreation Strategic Initiative Focus 5 Update
1. Inclusive and Adaptive Recreation Update October 2023 - Parks Recreation-2023-68.pdf
2. Attachment 1 Previous Action .pdf
3. Attachment 2 Updated Inventory of Programs and Equipment.pdf
4. Attachment 3 Website Updated Information DRAFT.pdf
5. Attachment 4 Examples of Policies and Statements.pdf
6. Attachment 5 Moore Recreation Therapy and Consulting Inc Adaptive and Inclusive Recreation Assessment Study.pdf Title/Recommendation
The purpose of this item is to provide an update to the City Council in regards to inclusive and adaptive recreation.
Staff recommends the City Council review and discuss this report, and provide further direction to City staff on the progress on this strategic initiative.
H.3
Review of City Council and Commission process for public comments and the use of virtual platforms for public comments; and consider a resolution amending the City Council Meeting Rules and Procedures Policy
1. Review of Virtual Public Comments - City Manager-2023-57.pdf
2. Resolution Approving Amendment of Meeting Rules and Procedures.pdf
3. Snyder v Phelps.pdf
4. Government Code Section 54954.3.pdf
5. City Council Meeting Rules and Procedures Policy (110-1).pdf Title/Recommendation
Provide direction to staff regarding the process for public comments made at City Council and Commission meetings and the use of virtual platforms for public comments; and adopt a resolution amending the City Council Meeting Rules and Procedures Policy pertaining to Section 3.2 Duties of the Mayor and Section 5.2, Decorum Generally - Public.
H.4
Review of City Council/Administrative Policy Ethics and Conduct Policy 110-5
1. Continued Ethics and Conduct Policy - City Manager-2023-44.pdf
2. Attachment 1 - Previous Action .pdf
3. 110-5 Ethics and Conduct Policy 2022.pdf
4. Brentwood Letter on Letterhead .pdf
Title/Recommendation
That the City Council discuss and provide direction to staff on potential amendments to City Council/Administrative Policy 110-5, Ethics and Conduct
I.
REQUEST FOR FUTURE AGENDA ITEMS
I.1
NEW REQUEST(S)
Council Members wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for the next Council meeting
I.2
REQUESTED ITEM(S)
I.2.a
Consider a Request from Council Member Pierson for the Creation of an Ethics and Conduct Policy for City Commissions
1. Requested Item Pierson Creation of an Ethics and Conduct Policy - City Manager-2023-46.pdf
2. Attachment 1 - Previous Action(8).pdf
Title/Recommendation
That the City Council consider and discuss the request from Council Member Pierson regarding the creation of an Ethics and Conduct Policy for City Commissions.
I.2.b
Consider a Request from Council Member Pierson for the Creation of a Race and Equity Committee
1. Requested Item Pierson Creation of a Race and Equity Committee - City Manager-2023-47.pdf
2. Attachment 1 - Previous Action.pdf
Title/Recommendation
That the City Council consider and discuss the request from Council Member Pierson regarding the creation of a Race and Equity Committee of the Council.
I.2.c
Consider a Request from Council Member Pierson for the Creation of a Citywide Racial Equity Plan.
1. Requested Item Pierson Creation of a Citywide Racial Equity Plan - City Manager-2023-49.pdf
2. Attachment 1 - Previous Action(5).pdf
Title/Recommendation
That the City Council consider and discuss the request from Council Member Pierson regarding the creation of a citywide racial equity plan.
I.2.d
Consider a Request from Council Member Pierson for the Creation of an Anti-racism and Anti-hate Crime Policy
1. Requested Item Pierson Creation of an Anti-racism and Anti-hate Crime Policy - City Manager-2023-50.pdf
2. Attachment 1 - Previous Action(3).pdf
Title/Recommendation
That the City Council consider and discuss the request from Council Member Pierson regarding the creation of an Anti-racism and Anti-hate Crime Policy.
I.2.e
Consider a Request from Council Member Pierson regarding a review of Brentwood Municipal Code sections that are no longer enforceable
1. Requested Item Pierson Review of BMC Sections that are not enforceable - City Manager-2023-48.pdf
2. Attachment 1 - Previous Action(2).pdf
Title/Recommendation
That the City Council consider and discuss the request from Council Member Pierson regarding a review of Municipal Code section 2.45.020 regarding the powers and duties of the Park and Recreation Commission, and any sections of the Municipal Code that are no longer enforceable.
I.2.f
Consider a Request from Vice Mayor Meyer regarding an update to the process for Council presentations of proclamations.
1. Requested Item Meyer Process for Proclamations - City Manager-2023-51.pdf
2. Attachment 1 - Previous Action(1).pdf
3. 110-4 ceremonial documents.pdf
Title/Recommendation
That the City Council consider and discuss the request from Vice Mayor Meyer regarding updates to the process for Council presentations of proclamations.
I.2.g
Consider a Request from Vice Mayor Meyer for the Creation of a Committee for Age Friendly Communities
1. Requested Item Meyer Creation of an Age Friendly Communities Committee - City Manager-2023-52.pdf
2. Attachment 1 - Previous Action(4).pdf
Title/Recommendation
That the City Council consider and discuss the request from Vice Mayor Meyer regarding the creation of a Council Committee for Age Friendly Communities.
I.2.h
Consider a Request from Council Member Mendoza to have Department Directors report to the City Council
1. Requested Item Mendoza - Report Structure for Directors - City Manager-2023-53.pdf
2. Attachment 1 - Previous Action(9).pdf
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza regarding the pros and cons of having department directors report to the City Council and the process for implementing this change.
I.2.i
Consider a Request from Council Member Mendoza Establishing a Council Design Standards Committee.
1. Requested Item Mendoza Design Standard Committee - City Manager-2023-54.pdf
2. Attachment 1 - Previous Action(7).pdf
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza establishing a Council Design Standards Committee.
I.2.j
Consider a Request from Council Member Mendoza for an appraisal for the former Davis Camp property & Process Discussion about Rezoning the Site and Developing it, in Part, as a Park
1. Requested Item Mendoza Former Davis Camp Property Appraisal - City Manager-2023-55.pdf
2. Attachment 1 - Previous Action(6).pdf
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza for an appraisals for the former Davis Camp property & process discussion about rezoning the site and developing it, in part, as a park.
I.2.k
Consider a Request from Council Member Mendoza establishing a Budget Review Committee
1. Requested Item Mendoza Budget Review Committee - City Manager-2023-56.pdf
2. Attachment 1 - Previous Action(1).pdf
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza establishing a Budget Review Committee and the process for implementing the committee.
J.
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 October 5, 2023, 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