Brentwood City Council
October 10, 2023

CITY COUNCIL/SUCCESSOR AGENCY AGENDA
Zoom Webinar ID: 760 1397 0037

October 10, 2023, 7:00 p.m.

City Council Chambers
150 City Park Way
Brentwood, CA 94513
City Council Zoom Link
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 F.2 A Proclamation reaffirming Diversity, Equity, Inclusion, and Belonging in Brentwood F.3 A Proclamation proclaiming October 24, 2023, as World Polio Day F.4 A Proclamation Proclaiming October 8th through October 14th as Code Enforcement Appreciation Week
F.5 Support Local, State, and Federal Efforts to Exonerate the Port Chicago 50 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 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
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
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
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 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
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 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
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
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.

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 Antiracism and Anti-hate Crime Policy 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 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.

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
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
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.

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
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
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

1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
September 26, 2023, 7:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 7:00 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. REPORT ON CLOSED SESSION
There were no reportable actions.

D. PUBLIC COMMENTS
Lilian Pierce provided an update on the upcoming Brentwood Community Chest events and provided the organization's website, brcchest.org.

Danny Dohrmann requested the City work with Liberty Unified School District related to students drinking and smoking in school and spoke to a lack of control of city government and accountability.

Denise Duran thanked the City Council, City staff, and the Police Department for support with the La Gran Fiesta, thanked the Rotarians for the Brentwood Craft Beer Festival, thanked the Economic Development Department for the Tech Meetup at the Brentwood Community Center, and provided an update on upcoming Chamber events.

The following individuals provided comments related to concerns at the Senior Center:

Mary Kohler
Rosa Chang
Rosa Gascoigne
John Gascoigne
Jose Pannitto
Sandra Smith
Carmen Mendoza
Rosie Foulato
Ian Cohan thanked the Police Department for the extra security at the homecoming game and provided comments related to staffing at the Senior Center.

2 Carolina Villaseca provided comments related to a previous public comment.

Sinziana Todor expressed disappointment in the 3-minute speaker limit and provided comments related to the City Manager's evaluation.

Mary Kohler provided clarification on her previous comment that she is not a City of Brentwood employee.

Rod Flohr expressed concerns related to the public comments made related to the Senior Center.

E. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Council Member Mendoza reported she attended an Our neighborhood Voices town hall, Los Medanos College Teach Fundraiser at Trilogy, League of California Cities (Cal Cities) Annual Conference, School Board Interagency meeting, and attended a California Alliance of Local Electeds (CALE) call with Assembly Woman Pellerin.

Council Member Pierson reported she attended the Alameda County Mayor's Conference as a speaker related to the Chicago 50 Resolution, School Board Interagency meeting, is working with Police Activities League (PAL) Board on the Tamale Festival which will be held at City Hall on November 17, 2023 from 5 p.m. to 10 p.m., attended the Cal Cities Annual Conference, met with two residents, watched the Planning Commission meeting, and together with the Mayor, City Manager, and Police Department she greeted Brentwood Elementary School's 5th Grade field trip to the Library, Sip and Scoop, and City Park.

Council Member Oerlemans reported he attended the Cal Cities Annual Conference, the Farmers Market, visited the PAL booth at the Shop and Chill event at Chill Tea and Coffee, and watched the Planning Commission meeting.

Vice Mayor Meyer thanked the members of the public for attending and voicing their concerns, reported she attended a planning session of the Cal Cities Resolution Committee prior to attending the Cal Cities Annual Conference Cal Cities, CALE meeting, watched the Planning Commission meeting, attended the Los Medanos College Teach Fundraiser at Trilogy, and visited the Senior Center for open session to answer questions and address concerns.

Mayor Bryant, attended the meet and greet with the Brentwood Elementary students at City Park, attended the Cal Cities Annual Conference, Transplan, BART, State Route 4, and ECCRFFA meetings, and met with multiple residents regarding similar concerns as expressed during public comment.

F. CONSENT CALENDAR
Mayor Bryant pulled item F.3

3 Moved by: Susannah Meyer, Vice Mayor
Seconded by: Jovita Mendoza, Council Member
Adopted the Consent Calendar, with the exception of Item F.3, as recommended 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)
F.1 Minutes of the City Council/Successor Agency meeting of September 12, 2023
F.2 A Proclamation Proclaiming September 26, 2023 as Human Resources Professional Day
F.3 A Proclamation Proclaiming September 29, 2023 as Veterans of Foreign Wars Day
Moved: Susannah Meyer, Vice Mayor
Seconded: Pa'tanisha Pierson, Council Member
Adopted a proclamation proclaiming September 29, 2023 as Veterans of Foreign Wars Day.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Result: Approved
F.4 A Proclamation Proclaiming October 9, 2023 as Indigenous Peoples' Day
F.5 A Proclamation Proclaiming October 2023 as Breast Cancer Awareness Month
F.6 A Proclamation Proclaiming October 2023 as All Abilities Month F.7 A Proclamation Proclaiming October 2023 as Filipino American Heritage Month
F.8 A Proclamation Proclaiming October 2023 as Polish American Heritage Month
F.9 A Proclamation Proclaiming October 2023 as Cyber Security Awareness Month
F.10 Contract for Brentwood Family Aquatic Complex Pool Heaters Replacement

4 Adopted Resolution 2023-119 approving the contract documents, award the bid, and authorize the City Manager or designee to execute the contract and necessary documents, including the use of contingency amounts, for the Brentwood Family Aquatic Complex pool heaters replacement, to National Aquatics Services, Inc. in the amount of $179,028.13 plus funding authorization for a 10% contingency amount of $17,902.81 for additional services, for a total funding authorization not to exceed amount of $196,930.94; and amend the 2023/24 Parks and LLAD Replacement Fund Operating Budget in the amount of $196,931.

G. PUBLIC HEARINGS
G.1 Call for review of a tentative parcel map and design review for Lazy Dog restaurant, approved by the Planning Commission on August 15, 2023
Associate Planner Miguel Contreras presented the item.

Mayor Bryant opened the Public Hearing.

Ryan Nicholson with LRG Investors and Jared Taylor with Lazy Dog spoke on behalf of the applicant.

The following individuals spoke in support of the item:

Sinziana Todor
Carolina Villaseca
Denise Duran
There being no one else wishing to speak, it was moved/seconded by Mendoza/Pierson to close the Public Hearing, and carried by the following vote:

Ayes (5): Council Members Mendoza, Meyer, Pierson, Oerlemans, and Mayor Bryant
Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted Resolution 2023-120 resolution affirming the Planning Commission approval of Tentative Parcel Map 354-22 for Lazy Dog restaurant, as conditioned by the Planning Commission.

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)

5 Moved by: Jovita Mendoza, Council Member
Seconded by: Tony Oerlemans, Council Member
Adopted Resolution 2023-121 affirming the Planning Commission approval of Design Review 22-011 for Lazy Dog restaurant removing conditions of approval 8, 11, 12 and 13; and if during construction of the building it is found by the Director of Community Development that rooftop equipment is visible from any adjacent development at street level or from any portion of the Sand Creek Road right-of-way, the applicant will develop a screening plan to be reviewed and approved by the Director of Community Development. The screening materials shall match the primary building colors and materials, be integrated into the design of the building and shall not appear to be an “added on element”, to the satisfaction of the Director of Community Development. Screening shall be installed and inspected for compliance prior to issuance of certificate of occupancy for the building.”
Allowed staff to correct a typo on the first page of each resolution.

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 Final Engineer’s Report, and confirming and ordering the formation of Landscape & Lighting Assessment District No. 23-1
Park Maintenance Manager Aaron Wanden presented the item.

Mayor Bryant opened the Public Hearing and inquired if there were any additional ballots to be submitted.

There being no one wishing to speak and no additional ballots to be received, it was moved/seconded by Mendoza/Meyer to close the Public Hearing, and carried by the following vote:

Ayes (5): Council Members Mendoza, Meyer, Pierson, Oerlemans, and Mayor Bryant
After the City Council confirmed the formation would take place with a simple majority property owner approval, Mayor Bryant asked the City Clerk to tabulate the ballots and read the results.

City Clerk Margaret Wimberly read the single ballot cast as an affirmative vote.

Moved by: Susannah Meyer, Vice Mayor
Seconded by: Jovita Mendoza, Council Member

6 The City Council confirmed the formation with a simple majority property owner approval, weighted by assessment amount.

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: Pa'tanisha Pierson, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted Resolution 2023-122 ordering the Formation of Landscape & Lighting Assessment District No. 23-1, and taking all implementing actions.

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. BUSINESS ITEMS
H.1 Review of City Council/Administrative Policy Ethics and Conduct Policy 110-5
Council Member Pierson requested the item be continued to a future meeting date to provide time for a more thorough report.

Mayor Bryant opened the public comment period.

Rod Flohr stated he liked the Carlsbad version of ethics, that he would like to hear more on the actively listening to public comments, and that the people of Brentwood should come first in decision making.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Tony Oerlemans, Council Member
Continued the item to October 10, 2023.

Ayes (4): Jovita Mendoza, Council Member, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor Noes (1): Susannah Meyer, Vice Mayor
Motion Approved (4 to 1)
H.2 Former Davis Camp Site Historical Display
Assistant City Manager Darin Gale presented the item.

Mayor Bryant opened the public comment period.

7 Doreen Forlow provided comments in support of the item.

Mary Black provided comments in support of the item.

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

Moved by: Susannah Meyer, Vice Mayor
Seconded by: Jovita Mendoza, Council Member
City Council directed staff to continue to collaborate with East Contra County Historical Society to design an interpretive historical display that recognizes the significance of the former Davis Camp and its contribution to the history of Brentwood on or near the former Davis Camp property and return with draft layout and design for Council consideration.

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
I.1 NEW REQUEST(S)
Council Member Mendoza requested the following future agenda items:
 Appraisal for the land value of Davis Camp and process discussion on rezoning the site for development, in part, as a park
 Create a Budget Subcommittee
 Create a Design Standard Guidelines Subcommittee
 Department Directors report directly to the City Council Council Member Pierson requested the following future agenda items:
 Creation of a Citywide Racial Equity Plan
 Create resolution or policy on anti-racism /anti-hate  Review of Brentwood Municipal Code sections that are no longer enforceable.
 Creation of Ethics and Conduct policy for all Commissions  Create a Race and Equity Committee of the City Council Vice Mayor Meyer requested the following future agenda items:
 Establish a proclamation presentation process

8  Create a Committee of the City Council for Age Friendly Communities
I.2 REQUESTED ITEM(S)
I.2.1 Consider a Request of September 12, 2023 from Vice Mayor Meyer regarding the Senior Center programming and operations
Items I.2.a, I.2.b, and I.2.c were heard together.

Vice Mayor Meyer, Council Member Mendoza, and Council Member Pierson presented each of their items.

Mayor Bryant opened the public comment period.

City Council recessed at 9:20 p.m.

City Council resumed open session at 9:40 p.m.

The following individual spoke in favor of these items:

Danny Dohrmann
Mary Kohler
Sinziana Todor
Carolina Villaseca
Rod Flohr
Robbie Myers
The following individuals provided comments unrelated to the agenda item:

Mike Johnson
Judy
Ernie
Jim
Hans
Tom
Moved by: Susannah Meyer, Vice Mayor
Seconded by: Pa'tanisha Pierson, Council Member
City Council directed staff to spend staff time and resources on items I.2.A and I.2B. and I.2.C; all-inclusive of the details included in the staff reports for those items, except items directly related to any staff identifying information and personnel information.  Interview all the staff and all the stakeholders that participate in the programming of all of those facilities and programs.
 Former employees who are residents if they’d like to
participate.

9  Include seniors and any participants in programming with the Parks and Rec.
 Investigation be independent
 Staff time and resources to create an RFP
o To be reviewed by Council
 Set the budget amount for the investigation at $100k
 The full list of items for investigations specific to the senior center.
 Questions on the survey for residents questions related to Youth services.
 Include in the RFP for consultant to put together a survey to encompass all of the various requests that you've
mentioned tonight.
 Independently created, independently evaluated, and
then presented to the city council.
 Additional programming based on the Survey with all
programming in Parks and Recreation to be included.
 Add facilities and customer service
 Council will authorize the RFP unless that authority is delegated.

Pierson friendly amendment to Vice Mayor Meyers motion:

Top down independent investigation of
 Current non profit and CBO partnerships and those
terminated since 2019 including reasons for termination  Current MOU use those that expired since 2019 and those about to expire.
 Current programs, special projects, events and activities and those terminated since 2019, including reasons for
termination.
 How staff is chosen to work at the center
 how training is managed for that staff, whether
temporary or long term,
 Senior related experience qualifications of leadership positions of regular center staff.
 Everything considered when placing staff there.

10  Any future plans being explored that potentially change the format infrastructure or offerings of the senior center.  Yearly attending number since 2019.
 Confirmation of language and cultural access efforts.  The on-site schedule for Parks and Rec leadership.
 The status of the previously printed Brentwood seniors’ activities guide.
 To include facility usage of the senior center
 Effectiveness of the programming customer service.
 Recommendations from the Parks and Commission, on
how we can ensure a positive experience for our
residents.
 A review of staffing levels in over the last 3 years in Parks and Recreation.
o With organizational charts and position and attrition over the 3 years and reason for leaving (general
without names or position titles, should not be
employee specific)
 The City Attorney has the authority to use staff time and resources time and resources to run our motion past
outside council.

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.2.2 Consider a Request of September 12, 2023, from Council Member Mendoza regarding staffing issues in the Parks and Recreation Department
Items I.2.a, I.2.b, and I.2.c were heard together. Motion is reflected under Item I.2.a.

I.2.3 Consider a Request of September 12, 2023, from Council Member Pierson regarding Senior Center programming survey and input from the Parks & Recreation Commission regarding the Parks & Recreation Director's evaluation
Items I.2.a, I.2.b, and I.2.c were heard together. Motion is reflected under Item I.2.a.

11 I.2.4 Consider a Request of September 12, 2023 from Council Member Pierson regarding a review of the adopted Utility Rate Studies, and provide data to Council Member Mendoza to do her own
calculations
Council Member Pierson presented the item.

Mayor Bryant opened the public comment period.

Rod Flohr spoke in favor of the item.

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

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
The City Council, by motion, authorized staff to spend time and resources to provide Council member Mendoza the numbers to run calculations and that staff be allowed to spend time and resources to work with the consultant to review her calculations, and to allow Council Member Mendoza and the Consultant to present the findings on the rate study to see if there are any discrepancies with the adopted Rate Studies.

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.2.5 Consider a Request of September 12, 2023, from Council Member Mendoza regarding amendments to the Special Events Application Council Member Mendoza presented the item.

Mayor Bryant opened the public comment period.

Rod Flohr spoke in favor of the item.

Denise Duran spoke in favor of the item.

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

Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Council Member
City Council authorized staff to spend time and resources to add the work they're doing on special events to add a garbage cleanup policy, the consequences of not following through with that policy, and a process to work on conflict of business types with a brick and

12 mortar type not being situated within a certain distance in front of that business.

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.2.6 Consider a Request of September 12, 2023, from Council Member Mendoza regarding monitoring of Council Member time and requests of staff
Council Member Mendoza presented the item.

Mayor Bryant opened the public comment period.

Rod Flohr spoke in favor of the item.

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

Council Member Mendoza withdrew her request.

No action was taken on the item.

J. ADJOURNMENT
It was moved/seconded by Meyer/Pierson to adjourn at 12:02 a.m.

CITY COUNCIL AGENDA ITEM NO. F.5
10/10/2023
SUBJECT: Support Local, State, and Federal Efforts to Exonerate the Port Chicago 50
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

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.

FISCAL IMPACT
There is no fiscal impact with this item.

BACKGROUND
The intent of the exoneration request is to remove the unjust conviction of the Port Chicago 50 of mutiny for their refusal to return to the dangerous work of loading ammunition on vessels after the massive explosion on July 17, 1944, that killed 320 sailors, 202 of whom were African American. An appropriate remedy is the exoneration of the Port Chicago 50, a long overdue correction of history that will strengthen the rule of law.

The Contra Costa County Bar Association’s Port Chicago Task Force, East Bay Black Employee Collective, Citizens for Historical Equity and PAAACT sent a letter to the United States Navy requesting support of United States Representative Mark DeSaulnier’s Resolution, H.Con. Res 16, outlining legal justifications for exonerating the Port Chicago 50; and have drafted a letter of support of these findings for local, state, and federal agencies to express their support in solidarity.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable

CITY COUNCIL AGENDA ITEM NO. F.5
10/10/2023

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
Not Applicable

ENVIRONMENTAL DETERMINATION
Not Applicable

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Letter of Support

4. Proclamation

ATTACHMENT “1”
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

On July 25, 2023, Council Member Pierson requested a future agenda item related to a Resolution supporting the exoneration of the Port Chicago 50.

On August 8, 2023, City Council directed staff to prepare a Resolution supporting the exoneration of the Port Chicago 50, send a letter of support to the appropriate entity, and to prepare a proclamation.

RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD 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
WHEREAS, on July 17, 1944, the deadliest home front disaster of World War II took place when a tragic explosion occurred at the Port Chicago Naval Magazine killing 320 men (of whom 202 were African American) and wounding 390 (of whom 233 were African American); and
WHEREAS, Port Chicago Naval Magazine was racially segregated and all sailors loading munitions at the time of the explosion were African American; and WHEREAS, the surviving sailors were entitled to standard survivors’ leave but were denied leave and ordered to clean up after the disaster; and WHEREAS,the surviving sailors were ordered back to handling high explosives before an investigation could determine the cause of the deadly explosion; and WHEREAS, 258 ammunition handlers engaged in peaceful work stoppage rather than return under the same unsafe working conditions; and WHEREAS, fifty of these men were unlawfully charged with mutiny, prosecuted as guilty and sentenced to prison; and
WHEREAS, three weeks after the work stoppage, a Naval Court of Inquiry report confirmed working conditions and practices enforced by Port Chicago leadership were in violation of Naval safety regulations and federal safety code; and WHEREAS, starting in the 1990s, Congressman George Miller worked to preserve the history of the Port Chicago 50 and worked towards their exoneration, and in 1992, his legislation designated the site of the Port Chicago Naval Magazine as a national memorial, which is managed by the National Park Service; and WHEREAS, in 2009, President Obama signed legislation to incorporate Port Chicago Naval Magazine National Memorial as a full and permanent unit of our National Park System; and
WHEREAS, the East Bay Regional Park District received part of the Concord Naval Weapons Station through a Public Benefit Conveyance on July 19, 2019, and has named the park the Thurgood Marshall Regional Park – Home of the Port Chicago 50, which honors the courage and legacy of the Port Chicago 50 and all those who sacrificed their lives in our nation’s ongoing struggle for social justice, racial equality, and workers’ rights; and

WHEREAS, Naval historians now recognize the actions of the Port Chicago 50 potentially saved lives and changed the Navy for the better; and WHEREAS, in 2022, the City of Concord, the City of Albany, the Contra Costa County Board of Supervisors passed resolutions supporting local, state, and federal efforts to exonerate the sailors wrongfully convicted of mutiny following the Port Chicago disaster of 1944; and
WHEREAS, in 2022, the State of California successfully passed SJR-15 urging the President of the United States and Congress to restore honor to the sailors unjustly blamed for, and the sailors convicted of mutiny following, the Port Chicago disaster, and to rectify any mistreatment by the military of those sailors, including the full exoneration of those who were convicted at court-martial; and WHEREAS, in February 2023, US Representative Mark DeSaulnier (CA-11), US Representative Barbara Lee (CA-12) and US Representative John Garamendi (CA08) introduced a resolution recognizing the victims of the Port Chicago disaster and calling for the exoneration of the Port Chicago 50; and WHEREAS, in June 2023, the Philadelphia 15 were exonerated by Assistant Secretary of the Navy Franklin Parker. This case serves as an example and pathway to exonerate the Port Chicago 50; and
WHEREAS, in August 2023, the Contra Costa County Bar Association’s Port Chicago Task Force, East Bay Black Employee Collective, Citizens for Historical Equity and PAAACT sent a letter to the Navy outlining legal justifications for exonerating the Port Chicago 50, and drafted a letter of support of these findings for local, state, and federal agencies to express their support in solidarity; WHEREAS, among other things, a resolution of support shows the City’s solidarity with past Contra Costa County residents and/or their families and descendants, some of whom may still reside in the County.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby resolve as follows:

Section 1. Support these and all efforts to exonerate the Port Chicago 50 and recognize their service to our country.

Section 2. Recognize the efforts that this case presents in our nation’s struggle for social justice, racial equity, and workers’ rights.

Section 3. Affirms support for all future efforts which urge the President, Congress of the United States, and Secretary of the Navy to take all necessary actions to restore honor to, and rectify the mistreatment by the United States Military of, any sailors who were unjustly blamed for and convicted of mutiny

after the Port Chicago disaster, which occurred in the town of Port Chicago, California, in 1944.

Section 4. Authorize the Mayor or designee to send a letter of support of the local, state, and federal efforts to exonerate the Port Chicago 50.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 10th day of October 2023 by the following vote:

LETTER OF SUPPORT to Exonerate the Port Chicago 50:

October 10, 2023
Addresses:

Secretary of the Navy
1000 Navy Pentagon, Room
4D652 Washington, DC 20350
Chief of Naval Operations
2000 Navy Pentagon
Washington, DC 20350-2000
Department of the Navy
Office of the General Counsel
Attn: FOIA Appeals
1000 Navy Pentagon, 5A532
Washington, DC 20350-1000
Contact: Secretary of the Navy: [email protected]
Dept of the Navy: [email protected] / 202-685-0412 Navy FOIA Public Liaison: [email protected] / 703-697-0031 Asst. Attorney General Kristen Clarke: [email protected] / 202-285-7464 RE: Support to Exonerate the Port Chicago 50
Dear Secretary Del Toro, Chief Gilday, and Navy General Counsel Coffey, This letter is to share support for the exoneration of the Port Chicago 50. The City of Brentwood supports US Representative Mark DeSaulnier H.Con.Res. 16 and insists the Navy support the efforts to rectify the mistreatment of the sailors, including the full exoneration of all who were court-martialed. Exoneration is compulsory for the fifty men to restore their legacy, and their families’ and communities’ honor. The City further stands in support of having the military records of these men cleared of any court judgment no less than honorable discharge.

The City of Brentwood formally requests the support of US Representative DeSaulnier’s resolution, H.Con. Res. 16 to express that Congress:
 Recognize the service and sacrifice of the those who served and perished at Port Chicago during World War II;
 Forever exonerate the Port Chicago sailors of the charge of mutiny against the United States and any and all other charges brought against them in the aftermath of the July 17, 1944 explosion;
 Upgrade the general summary discharges issued to each of the Port Chicago sailors to honorable discharges; and
 Direct the Secretary of the Navy to place a letter attesting to these actions in the file of each of the Port Chicago sailors and notify any surviving family members of these actions.

Port Chicago World War II History: On July 17, 1944, there was a large waterfront munitions explosion at the Port Chicago Naval Magazine that killed more than 320 sailors, over 200 of whom were Black. The explosion also injured 390 others, including 226 African American enlisted men. Prior to the explosion, these men were working significant hours with munitions continuously being loaded despite little to no training. This incident represents nearly 15

percent of all African American casualties during the entirety of World War II. It was the worst home front disaster of the war.

Despite the significant loss of life and injury, as well as $12 million in property damages, the specific cause of the explosion was never officially determined by a court of inquiry. Instead, the blame was placed on the shoulders of the men who died in the explosion. When ordered to return to loading ammunition, over two-hundred sailors refused to return to work due to the unsafe working conditions that had resulted in the explosion. These sailors courageously advocated for safety for themselves and others in requesting adequate training and equipment before returning to work. In response, the Navy identified fifty Black sailors as the leaders of the organized action. The Navy charged these individuals with mutiny. This decision resulted in one of the most significant mutiny trials in U.S. military history.

The fifty sailors were supported by then NAACP Chief Counsel Thurgood Marshall who through the press raised the racist nature of the trial and called into question the Navy’s segregationist policies. The outcome of the trial wrongly convicted the Port Chicago 50 of mutiny. They were sentenced to years in prison and hard labor. Following the guilty verdict, Thurgood Marshall began a national campaign to spread the word about the event and the fifty sailors who were wrongly convicted. His advocacy gained the support of First Lady Eleanor Roosevelt and brought much needed attention to the injustices of segregation. Regrettably, his appeal of their convictions was officially denied. The following year, 47 of the Port Chicago men were released from prison, the remaining three served additional months. During and after the trial, questions were raised about the fairness and legality of the court-martial proceedings. The United States Navy reconvened the courts-martial board in 1945. Unfortunately, the board failed to reverse the decision.

In 1994, the National Park Service’s Port Chicago Naval Magazine National Memorial was dedicated to the lives lost in the tragic event. The memorial serves as the final resting place for the sailors who died. It is located on the waterfront where the explosion occurred. Inland from the memorial, the Thurgood Marshall Regional Park – Home of the Port Chicago 50 covers over 2,500 acres. The regional park will honor the courage and legacy of the Port Chicago 50 and all those who sacrificed their lives in our nation’s ongoing struggle for social justice, racial equality and workers’ rights. The inland former Naval property was transferred to the East Bay Regional Park District through a Public Benefit Conveyance on July 19, 2019. The bravery of these men directly led to the desegregation of the armed services, and is now viewed as a catalyst for the civil rights movement. As the civil rights movement forced our nation to move toward correcting the errors of the past, it is time to exonerate the fifty men whose bravery led to a more just and inclusive military.

Increasing in importance every day, the fifty men whose bravery led to a more just and inclusive military require exoneration. We look forward to working together in the months ahead to make this a reality.

Sincerely,
Joel Bryant, Mayor
City of Brentwood
150 City Park Way
Brentwood, CA 94513

(925) 516-5440
[email protected]
CC: The Honorable US President Joseph R. Biden [email protected] The Honorable US Vice President Kamala Harris [email protected] The Honorable US Representative Mark DeSaulnier [email protected] The Honorable US Representative John Garamendi [email protected] The Honorable US Representative Barbara Lee [email protected] State of California Governor’s Office [email protected] Alameda and Contra Costa Counties Board of Supervisors
Contra Costa: [email protected]
Alameda: [email protected]
Alameda and Contra Costa Counties Mayors
Contra Costa:[email protected] and [email protected] Alameda: [email protected]
EBRPD Board of Directors and General Manager, via Government and Legislative Affairs at [email protected]
Contra Costa Bar Association Port Chicago Task Force [email protected]

P R O C L A M A T I O N
WHEREAS, on the fateful night of July 17, 1944, an explosion rocked the Port Chicago Naval Magazine in California, resulting in one of the deadliest disasters on U.S. soil during World War II;
WHEREAS, in the aftermath of the explosion, the Port Chicago 50, a group of African American sailors, were subjected to racial discrimination and unjust treatment as they were ordered to clean up the hazardous and highly dangerous debris without proper training or equipment;
WHEREAS, the Port Chicago 50, in their refusal to continue performing work under unsafe conditions, demonstrated courageous acts of protest against the systemic racism and injustice that plagued our nation; WHEREAS, their actions led to their court-martial and subsequent unjust convictions, further highlighting the racial bias and discrimination prevalent in the justice system
WHEREAS, it is imperative that we recognize the hardships endured by the Port Chicago 50 and stand in solidarity with their struggle for justice and exoneration.

NOW THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood stand in support of the exoneration of the Port Chicago 50. Let us come together as a community to honor the bravery, resilience, and unwavering spirit of the Port Chicago 50, and advocate for their exoneration from unjust convictions.

May this proclamation serve as a call to action for further examination and acknowledgement of the racial injustices of the past, and a commitment to equitable treatment and equal opportunities for all individuals.

Dated this 10th day of October, 2023

___________________________________
Joel Bryant, Mayor

CITY COUNCIL AGENDA ITEM NO. F.6
10/10/2023
SUBJECT: 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
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

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.

FISCAL IMPACT
There is no fiscal impact associated with this item.

BACKGROUND
The City appoints residents to serve on the Contra Costa Mosquito and Vector Control District Board of Trustees and on the Contra Costa County Advisory Council on Aging.

In accordance with Council Policy 110-1, section 3.2 Duties of Mayor, section e. (‘Appointments’), the Mayor may make appointments to a public office or position, with the confirmation of a majority of the City Council.

Contra Costa Mosquito and Vector Control District Board of Trustees The responsibility of the Contra Costa Mosquito and Vector Control District Board is to govern the District. The District is dedicated to the health and welfare of the county’s residents, covering 736 square miles. Funded through tax dollars, the District offers free services for the control of mosquitos, rats and mice, groundnesting yellow jackets, ticks, and skunks. Applicants for this Board (representing Brentwood) must reside within the city limits; and be a Contra Costa County taxpayer; with an interest in any of the following areas: public health, public policy, wetlands, farming, community education, finance, or land development.

CITY COUNCIL AGENDA ITEM NO. F.6
10/10/2023
A vacancy currently exists for a two-year term. The City has held an open recruitment from August 21, 2023 – September 15, 2023, and has received one application from Brentwood resident, Vinoy Mereddy. The application is attached to this staff report as “Exhibit A.”
Mayor Bryant has reviewed the application and recommends that the Council approve the appointment of Vinoy Mereddy to a two-year term on the Contra Costa Mosquito and Vector Control District Board of Trustees.

Contra Costa County Advisory Council on Aging
The Contra Costa County Area Agency on Aging is composed of forty members. The City of Brentwood appoints a representative to the Costa County Advisory Council on Aging to serve a two-year term. The Agency reports to the Board of Supervisors, advising them on all matters related to planning, development and administration of programs relating to older adults, in accordance with the Older Americans Act. A majority of the Agency must be age 60 and above and represent the geographic, economic, disabled, cultural and ethnic diversity of the County. Seats on the Agency fall under designations as follows: city/local committees, designated service organizations and members-at-large.

A vacancy currently exists for a two-year term. The City has held an open recruitment from August 21, 2023 – September 15, 2023, and has received two applications from Brentwood residents, Eric Britz and Vinoy Mereddy. The applications are attached to this staff report as “Exhibit B.”
Mayor Bryant has reviewed the applications and recommends that the Council approve the appointment of Eric Britz to a two-year term on the Contra Costa County Advisory Council on Aging.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable

PREVIOUS ACTION
None

DATE OF NOTICE
Not Applicable

CITY COUNCIL AGENDA ITEM NO. F.6
10/10/2023

ENVIRONMENTAL DETERMINATION
Not Applicable

ATTACHMENT(S)

1. Exhibit A – Application_Mosquito & Vector Control District

2. Exhibit B – Applications_Advisory Council on Aging

CITY COUNCIL AGENDA ITEM NO. G.1
10/10/2023
SUBJECT: Amendments to the Brentwood Municipal Code in response to SB 1186 (Weiner) – Medicinal Cannabis Patients’ Rights Access Act DEPARTMENT: City Manager
STAFF: Darin Gale, Assistant City Manager
Abraham Salinas, Senior Analyst

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).

FISCAL IMPACT
There is no fiscal impact associated with this action.

BACKGROUND
While the City has been regulating cannabis since 2006, there have been significant changes in state-level medicinal cannabis regulation over the past decade. The following offers a concise summary of key California legislative milestones since 2015, setting the context for the actions under consideration by the City Council.

THE MEDICINAL CANNABIS REGULATION AND SAFETY ACT AND CURRENT CITY

ORDINANCES

CITY COUNCIL AGENDA ITEM NO. G.1
10/10/2023
On October 9, 2015, Governor Brown signed into law three related bills pertaining to the regulation of cannabis: AB 243, AB 266, and SB 643, collectively known as the Medical Cannabis Regulation and Safety Act (“MCRSA”). The MCRSA was intended to govern all commercial cannabis activities, which are defined as “cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of medicinal cannabis or a medicinal cannabis product.” (Bus. & Prof. Code § 19320(a).)
As required by the MCRSA, in order to maintain some degree of local control over medicinal cannabis regulation, the City adopted two ordinances on January 26, 2016. (See BMC Chapters 9.50 and 17.780.) These ordinances prohibit “commercial cannabis activities,” which are defined under State law as medicinal cannabis businesses that require a state licenses under MCRSA, including medical cannabis manufacturers, distributors, transporters, and testing laboratories. In addition to commercial cannabis activities, the ordinances prohibit cannabis cultivation, dispensaries and deliveries (except for those deliveries made by a primary caregiver to his or her qualified patients) within city limits.

BMC Chapters 9.50 and 17.780 contain virtually identical provisions. The difference is that the Zoning Ordinance under Title 17 regulates the use of land and will generally be enforced by Code Enforcement, while the Title 9 Ordinance regulates personal behavior and will generally be enforced by the Police Department.

PROPOSITION 64: THE “CONTROL, REGULATE AND TAX ADULT USE OF MARIJUANA ACT”
On November 8, 2016, California voters approved the Control, Regulate and Tax Adult Use of Marijuana Act (“AUMA”), which allows individuals to possess, use, and cultivate recreational marijuana in certain amounts. In addition, AUMA provided that private indoor cultivation of marijuana plants is lawful under both state and local law and is only subject to “reasonable” local regulations, provided that no more than six plants are being cultivated on the property at one time. Under the AUMA, recreational marijuana cultivators, manufacturers, distributors, retailers, and testing laboratories may operate lawfully if they obtain a state license and comply with local ordinances.

In the wake of the passage of AUMA, BMC Chapters 9.50 and 17.780 were both amended to maintain the City’s prohibitions on commercial marijuana activities and personal cultivation of marijuana to the extent allowable.

CITY COUNCIL AGENDA ITEM NO. G.1
10/10/2023
SENATE BILL 1186 – MEDICINAL CANNABIS PATIENTS’ RIGHT OF ACCESS ACT
In February of 2022, State Senator Scott Wiener introduced Senate Bill 1186 (“SB 1186”), the Medicinal Cannabis Patients’ Right of Access Act (Attachment 1). This bill prohibits local governments, beginning January 1, 2024, from adopting or enforcing any regulation that prohibits or effectively prohibits, the delivery of medicinal cannabis to patients or primary caregivers within their jurisdictions. This bill passed through both state legislative houses and was signed by Governor Newsom on September 18, 2022.

As provided in SB 1186, the state Legislature has determined that:

Access to medicinal cannabis is an integral aspect of access to health care, and eliminating barriers to medicinal cannabis access is essential to promoting and preserving the health of Californians for whom physicians have recommended the use of cannabis or cannabis products.

It is the policy of the state and the intent of the Legislature to ensure that Californians throughout the state have timely and convenient access to safe, effective, and affordable medicinal cannabis.

A decision not to modify the Brentwood Municipal Code to allow for the delivery of medicinal cannabis to qualified patients would expose the City to legal challenge by any of a host of individuals who have been authorized to seek legal recourse by SB 1186, including the Attorney General, medicinal cannabis patients within the city desiring delivery of medicinal cannabis, medicinal cannabis businesses seeking to offer medicinal cannabis for sale in the city, as well as any other party otherwise authorized by law.

ANALYSIS
In accordance with SB 1186, staff recommends amending Chapters 9.50 and 17.780 of the Brentwood Municipal Code (BMC) to permit the retail sale of medicinal cannabis via delivery to medicinal cannabis patients (a category of individuals that includes such patients’ primary caregivers).

CITY COUNCIL AGENDA ITEM NO. G.1
10/10/2023
The proposed changes to Chapters 9.50 and 17.780 will continue to uphold the existing prohibitions on facilities for both medicinal and non-medicinal cannabis, as well as on the cultivation of medicinal and non-medicinal cannabis. Furthermore, the delivery and transport of non-medicinal cannabis within the city's jurisdiction will remain restricted, in line with the provisions of the Adult Use of Marijuana Act (AUMA) and SB 1186.

Per the new ordinances, the delivery of medicinal cannabis to medicinal cannabis patients would be subject to the following regulations:

1. Deliveries of medicinal cannabis to a medicinal cannabis patient would have to be made to fixed addresses and may not occur at locations such as schools, day care centers, youth centers, public parks and open spaces, public buildings, and establishments serving food or beverages.

2. A retailer with a physical address outside of the city that wished to deliver medicinal cannabis or medicinal cannabis products to a patient or customer within city limits would be required to obtain a City business license prior to commencing any delivery service within city limits.

3. All medicinal cannabis or medicinal cannabis products would have to be securely packaged and labeled according to State regulations, ensuring that they are not accessible to minors during transit.

4. Delivery vehicles would be required to adhere to safety and security standards, which include GPS tracking, alarms, and secure storage.

5. The delivery of cannabis accessories, branded merchandise of the licensee, or promotional materials is prohibited, except for any equipment, products or materials necessary to enable a qualified patient to ingest, inhale, or otherwise introduce cannabis or cannabis products into the human body.

On September 19, 2023, staff presented these draft amendments to the Planning Commission. The Planning Commission suggested modifications to Chapter

17.780.060.C.5, specifically to permit any equipment, products, or materials essential for a qualified patient to administer cannabis or cannabis products (i.e, to add the language underlined above). These revisions have been incorporated into and can be found in Attachments 5, 6, 7, and 8.

CITY COUNCIL AGENDA ITEM NO. G.1
10/10/2023
The proposed amendments have been developed based on reference materials and guidelines provided by the League of California Cities, which are included as Attachment 4. They are also informed by existing ordinances and regulations from other local jurisdictions in California regulating the delivery of both medicinal and non-medicinal cannabis prior to, and subsequent to, the enactment of SB 1186.

Staff is requesting that the City Council review and adopt the proposed changes to ordinances within Title 17 (ZONING) and Title 9 (PUBLIC PEACE AND WELFARE) of the Brentwood Municipal Code. Redlined versions of Chapters 9.50 and 17.780 are also included as Attachments 6 and 8 for reference.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
The City published a notice of public hearing in the Brentwood Press on September, 29, 2023.

ENVIRONMENTAL DETERMINATION
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).

ATTACHMENT(S)

1. Previous Action

2. Planning Commission Resolution

3. Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act

4. League of Cities - SB-1186-Fact-Sheet

CITY COUNCIL AGENDA ITEM NO. G.1
10/10/2023

5. Ordinance amending Brentwood Municipal Code Chapter 9.50 – Clean Version

6. Ordinance amending Brentwood Municipal Code Chapter 9.50 – Redline Version

7. Ordinance amending Brentwood Municipal Code Chapter 17.780 – Clean Version

8. Ordinance amending Brentwood Municipal Code Chapter 17.780 – Redline Version

ATTACHMENT “1”
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

On September 26, 2006, the City Council unanimously voted to adopt Ordinance 838 to add Chapter 9.50 to the Brentwood Municipal Code (“BMC”) prohibiting medical marijuana dispensaries pending the completion of studies related to the impacts associated with such dispensaries.

On December 11, 2007, the City Council introduced and waived the first reading of Ordinance No. 855.

On January 8, 2008, the City Council waived the second reading and adopted Ordinance No. 855 to amend Chapter 9.50 of the BMC to Permanently Prohibit Medical Marijuana Dispensaries.

On January 26, 2016, the City Council waived the second reading and adopted Ordinance No. 963 to amend Title 17 of the BMC by establishing a new chapter (Chapter 17.780 – Medical Marijuana Facilities) to prohibit marijuana cultivation, dispensaries and deliveries within the City of Brentwood.

On January 26, 2016, the City Council waived the second reading and adopted Ordinance No. 964 repealing Brentwood Municipal Code Chapter 9.50 (Medical Marijuana Dispensaries) and replacing it in its entirety with new Brentwood Municipal Code Chapter 9.50 (Medical Marijuana Facilities and Cultivation).

On October 24, 2017, the City Council adopted Ordinance No. 993 repealing Brentwood Municipal Code Chapter 17.780 (Medical Marijuana Facilities) and replaced it in its entirety with new Brentwood Municipal Code Chapter 17.780 (Marijuana Facilities and Cultivation) to prohibit marijuana cultivation, dispensaries and deliveries within the City of Brentwood.

On October 24, 2017, the City Council adopted Ordinance No. 994 repealing Brentwood Municipal Code Chapter 9.50 (Medical Marijuana Facilities) and replaced it in its entirety with new Brentwood Municipal Code Chapter 9.50 (Marijuana Facilities and Cultivation) to prohibit marijuana cultivation, dispensaries and deliveries within the City of Brentwood.

PLANNING COMMISSION RESOLUTION NO. 23-____

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

BRENTWOOD RECOMMENDING THE CITY COUNCIL ADOPT ORDINANCE NO. _____, REPEALING CHAPTER 17.780 (MEDICAL MARIJUANA

FACILITIES) AND REPLACING IT IN ITS ENTIRETY WITH A NEW CHAPTER

17.780 (CANNABIS FACILITIES AND CULTIVATION) OF THE BRENTWOOD

MUNICIPAL CODE TO REGULATE CANNABIS DISPENSARIES,

CULTIVATION FACILITIES, COMMERCIAL CANNABIS ACTIVITIES, AND

CANNABIS DELIVERIES WITHIN THE CITY OF BRENTWOOD
WHEREAS, in 1970, the United States Congress enacted the Controlled Substances Act (“CSA”) which, among other things, makes it illegal to import, manufacture, distribute, possess or use marijuana in the United States; and
WHEREAS, in 1972, California added Chapter 6 to the State Uniform Controlled Substances Act, commencing at Health and Safety Code section 11350, which established the state’s prohibition, penalties, and punishments for the possession, cultivation, transportation, and distribution of marijuana; and
WHEREAS, in 1996, the voters of the State of California approved Proposition 215 (the "Act;" Health and Safety Code Section 11362.5, et seq.); and WHEREAS, California courts have held that the Act creates a limited exception from criminal liability under the state Uniform Controlled Substances Act for seriously ill persons who are in need of medical marijuana for specified medical purposes and who obtain and use medical marijuana under limited, specified circumstances; and
WHEREAS, on January 1, 2004, the Medical Marijuana Program (“MMP”), codified as Health and Safety Code Sections 11362.7 to 11362.83, was enacted by the State Legislature to clarify the scope of the Act, establish a voluntary program for identification cards issued by counties for qualified patients and primary caregivers, and provide criminal immunity to qualified patients and primary caregivers for certain activities involving medical marijuana, including the collective or cooperative cultivation of medical marijuana; and WHEREAS, the California Supreme Court ruled unanimously in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal.4th 729, that the Act and the MMP do not preempt local ordinances that completely and permanently ban medical marijuana dispensaries, collectives, and cooperatives; and
WHEREAS, in Maral v. City of Live Oak (2013) 221 Cal.App.4th 975, the Third District Court of Appeal held, based on Inland Empire, that there was no right to cultivate medical marijuana and that a city could implement and enforce a complete ban on this activity, including a ban on personal cultivation; and
WHEREAS, on October 9, 2015, Assembly Bills 243 and 266 and Senate Bill 643 (collectively, the Medical Marijuana Regulation and Safety Act or “MMRSA”) were enacted to create a State regulatory and licensing system governing the cultivation, testing, and distribution of medical marijuana, the manufacturing of medical marijuana products, and physician

recommendations for medical marijuana. This legislation preserved local control over marijuana facilities and land uses, including the authority to completely prohibit marijuana dispensaries, cultivation and deliveries; and
WHEREAS, several California cities and counties have experienced serious adverse impacts associated with and resulting from medical marijuana dispensaries, cultivation sites, and delivery services. According to these communities and according to news stories widely reported, medical marijuana activities have resulted in and/or caused an increase in crime, including burglaries, robberies, violence, and illegal sales of marijuana to, and use of marijuana by, minors and other persons without medical need in the areas immediately surrounding such medical marijuana activities. There have also been large numbers of complaints of odors related to the cultivation and storage of marijuana; and
WHEREAS, a California Police Chiefs’ Association compilation of police reports, news stories, and statistical research regarding crimes involving medical marijuana businesses and their secondary impacts on the community is contained in a 2009 white paper report; and WHEREAS, it is reasonable to conclude that medical marijuana dispensaries, marijuana cultivation facilities, commercial cannabis activities, and medical marijuana deliveries could cause similar adverse impacts on the public health, safety, and welfare in Brentwood; and WHEREAS, on November 8, 2016, California voters approved the Control, Regulate and Tax Adult Use of Marijuana Act (“AUMA”), which allows individuals to possess, use, and cultivate recreational marijuana in certain amounts. Under this new State law, an adult individual may possess up to 28.5 grams of non-concentrated marijuana or 8 grams of marijuana in a concentrated form (e.g., marijuana edibles); and
WHEREAS, the AUMA does not limit local police power authority over commercial marijuana businesses and land uses. Business and Professions Code Section 26200 provides that cities may “completely prohibit the establishment or operation of one or more types of businesses licensed under” the AUMA. Therefore, as under MCRSA, cities have a wide range of regulatory options under the AUMA to deal with marijuana land uses. These options include an express ban on all or some of the businesses permitted under the AUMA or a regulatory scheme for commercial marijuana businesses; and
WHEREAS, on October 24, 2017, the City Council amended Brentwood Municipal Code Chapters 9.50 and 17.780 to prohibit, in express terms, medical and recreational marijuana dispensaries, marijuana cultivation facilities, commercial cannabis activities, and medical marijuana deliveries; and
WHEREAS, in 2022 the California Legislature passed and Governor Gavin Newsom signed into law Senate Bill (“SB”) 1186 (Weiner), the Medicinal Cannabis Patients’ Right of Access Act (the “Act”). Beginning January 1, 2024, the Act bars a city from adopting or enforcing any regulation that directly or indirectly prohibits retail delivery of medicinal cannabis to eligible patients or caregivers in the city; and
WHEREAS, in order to protect the public health, safety, and welfare, the Planning Commissions desires to recommend that the City Council adopt Ordinance No. _____, Repealing Chapter 17.780 (Medical Marijuana Facilities) and Replacing It In Its Entirety With a New Chapter

17.780 (Cannabis Facilities And Cultivation) of the Brentwood Municipal Code to regulate

cannabis dispensaries, cultivation facilities, commercial cannabis activities, and cannabis deliveries within the City of Brentwood; and
WHEREAS, the Planning Commission has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with the proposed project.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Brentwood as follows:

A. Make the following findings:

1. With respect to the California Environmental Quality Act (‘CEQA,’ codified at California Public Resources Code §§ 21000, et seq., and as further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.), the Planning Commission finds that the Ordinance in its entirety is exempt from the provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) (CEQA) because the Planning Commission hereby finds that it can be seen with certainty that there is no possibility the adoption and implementation of this Ordinance may have a significant effect on the environment, and the Ordinance is exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(1), 15061(b)(2), and 15061(b)(3).

2. With respect to Brentwood Municipal Code Section 17.870.008:

No rezoning of property or text amendment shall occur which is inconsistent with the city’s community development plan. In making a decision, the planning commission and council shall consider the consistency of a proposed action with the community development plan and other applicable city plans, and shall consider whether the proposed action is inappropriate or otherwise contrary to the public interest.

The Planning Commission hereby finds that this zoning text amendment is consistent with the City of Brentwood General Plan (as updated July 2014), insomuch as it implements General Plan Land Use Policy LU 1-1 (“Maintain a supply of developable commercial, business park, mixed-use, and residential lands sufficient to meet desired growth and economic needs over the planning period”). The Ordinance does this by maintaining the City’s prohibition on the establishment of cannabis cultivation facilities, medical cannabis facilities, and non-medical cannabis facilities, while allowing for the State-mandated delivery of medicinal cannabis, as required by Senate Bill 1186 (2022). The proposed action is thus neither inappropriate nor otherwise contrary to the public interest, as it carries out the directive of State law.

B. Hereby recommends that the City Council adopt Ordinance No. _____, Repealing Chapter

17.780 (Medical Marijuana Facilities) and Replacing It In Its Entirety With a New Chapter

17.780 (Cannabis Facilities And Cultivation) of the Brentwood Municipal Code to regulate cannabis dispensaries, cultivation facilities, commercial cannabis activities, and cannabis deliveries within the City of Brentwood.

ADOPTED by the Planning Commission of the City of Brentwood at its regular meeting of September 19, 2023, by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED:

Anita Roberts
Planning Commissioner Chair
ATTEST:

Erik Nolthenius
Planning Manager

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD REPEALING CHAPTER 17.780 (MEDICAL MARIJUANA FACILITIES) AND REPLACING IT IN ITS ENTIRETY WITH A NEW CHAPTER 17.780 (CANNABIS

FACILITIES AND CULTIVATION) OF THE BRENTWOOD MUNICIPAL CODE

TO REGULATE CANNABIS DELIVERIES WITHIN THE CITY OF BRENTWOOD WHEREAS, in 1970, the United States Congress enacted the Controlled Substances Act (“CSA”) which, among other things, makes it illegal to import, manufacture, distribute, possess or use marijuana in the United States; and
WHEREAS, in 1972, California added Chapter 6 to the State Uniform Controlled Substances Act, commencing at Health and Safety Code section 11350, which established the state’s prohibition, penalties, and punishments for the possession, cultivation, transportation, and distribution of marijuana; and
WHEREAS, in 1996, the voters of the State of California approved Proposition 215 (the "Act;" Health and Safety Code Section 11362.5, et seq.); and WHEREAS, California courts have held that the Act creates a limited exception from criminal liability under the state Uniform Controlled Substances Act for seriously ill persons who are in need of medical marijuana for specified medical purposes and who obtain and use medical marijuana under limited, specified circumstances; and
WHEREAS, on January 1, 2004, the Medical Marijuana Program (“MMP”), codified as Health and Safety Code Sections 11362.7 to 11362.83, was enacted by the State Legislature to clarify the scope of the Act, establish a voluntary program for identification cards issued by counties for qualified patients and primary caregivers, and provide criminal immunity to qualified patients and primary caregivers for certain activities involving medical marijuana, including the collective or cooperative cultivation of medical marijuana; and WHEREAS, the California Supreme Court ruled unanimously in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal.4th 729, that the Act and the MMP do not preempt local ordinances that completely and permanently ban medical marijuana dispensaries, collectives, and cooperatives; and
WHEREAS, in Maral v. City of Live Oak (2013) 221 Cal.App.4th 975, the Third District Court of Appeal held, based on Inland Empire, that there was no right to cultivate medical marijuana and that a city could implement and enforce a complete ban on this activity, including a ban on personal cultivation; and
WHEREAS, on October 9, 2015, Assembly Bills 243 and 266 and Senate Bill 643 (collectively, the Medical Marijuana Regulation and Safety Act or “MMRSA”) were enacted to create a State regulatory and licensing system governing the cultivation, testing, and distribution of medical marijuana, the manufacturing of medical marijuana products, and physician recommendations for medical marijuana. This legislation preserved local control over marijuana facilities and land uses, including the authority to completely prohibit marijuana dispensaries, cultivation and deliveries; and

WHEREAS, several California cities and counties have experienced serious adverse impacts associated with and resulting from medical marijuana dispensaries, cultivation sites, and delivery services. According to these communities and according to news stories widely reported, medical marijuana activities have resulted in and/or caused an increase in crime, including burglaries, robberies, violence, and illegal sales of marijuana to, and use of marijuana by, minors and other persons without medical need in the areas immediately surrounding such medical marijuana activities. There have also been large numbers of complaints of odors related to the cultivation and storage of marijuana; and
WHEREAS, a California Police Chiefs’ Association compilation of police reports, news stories, and statistical research regarding crimes involving medical marijuana businesses and their secondary impacts on the community is contained in a 2009 white paper report; and WHEREAS, it is reasonable to conclude that medical marijuana dispensaries, marijuana cultivation facilities, commercial cannabis activities, and medical marijuana deliveries could cause similar adverse impacts on the public health, safety, and welfare in Brentwood; and WHEREAS, on November 8, 2016, California voters approved the Control, Regulate and Tax Adult Use of Marijuana Act (“AUMA”), which allows individuals to possess, use, and cultivate recreational marijuana in certain amounts. Under this new State law, an adult individual may possess up to 28.5 grams of non-concentrated marijuana or 8 grams of marijuana in a concentrated form (e.g., marijuana edibles); and
WHEREAS, the AUMA does not limit local police power authority over commercial marijuana businesses and land uses. Business and Professions Code Section 26200 provides that cities may “completely prohibit the establishment or operation of one or more types of businesses licensed under” the AUMA. Therefore, as under MCRSA, cities have a wide range of regulatory options under the AUMA to deal with marijuana land uses. These options include an express ban on all or some of the businesses permitted under the AUMA or a regulatory scheme for commercial marijuana businesses; and
WHEREAS, on October 24, 2017, the City Council amended Brentwood Municipal Code Chapters 9.50 and 17.780 to prohibit, in express terms, medical and recreational marijuana dispensaries, marijuana cultivation facilities, commercial cannabis activities, and medical marijuana deliveries; and
WHEREAS, in 2022 the California Legislature passed and Governor Gavin Newsom signed into law SB 1186 (Weiner), the Medicinal Cannabis Patients’ Right of Access Act (the “Act”). Beginning January 1, 2024, the Act bars a city from adopting or enforcing any regulation that directly or indirectly prohibits retail delivery of medicinal cannabis to eligible patients or caregivers in the city; and
WHEREAS, in order to protect the public health, safety, and welfare, the City Council desires to amend Brentwood Municipal Code Chapter 9.50 to regulate cannabis dispensaries, cultivation facilities, commercial cannabis activities, and cannabis deliveries; and WHEREAS, on September 19, 2023, the Planning Commission held a duly-noticed public hearing to consider the staff report, recommendation by staff, and public testimony concerning this Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and

WHEREAS, on September 29, 2023, the City gave public notice of a City Council public hearing to be held to consider this Ordinance by advertisement in the Brentwood Press; and WHEREAS, on October 10, 2023, the City Council held a duly-noticed public hearing to consider the Ordinance, including the public testimony and agenda reports prepared in connection with the Ordinance, as well as the policy considerations discussed therein; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW, THEREFORE, the City Council of the City of Brentwood does hereby ordain as follows:

SECTION 1. Recitals. The recitals set forth above are incorporated into this Ordinance as though fully set forth herein.

SECTION 2. Zoning Text Amendment. The City Council hereby finds that, with respect to Brentwood Municipal Code Section 17.870.008:

No rezoning of property or text amendment shall occur which is inconsistent with the city’s community development plan. In making a decision, the planning commission and council shall consider the consistency of a proposed action with the community development plan and other applicable city plans, and shall consider whether the proposed action is inappropriate or otherwise contrary to the public interest.

This zoning text amendment is consistent with the City of Brentwood General Plan (as updated July 2014), insomuch as it implements General Plan Land Use Policy LU 1-1 (“Maintain a supply of developable commercial, business park, mixed-use, and residential lands sufficient to meet desired growth and economic needs over the planning period”).

The Ordinance does this by maintaining the City’s prohibition on the establishment of cannabis cultivation facilities, medical cannabis facilities, and non-medical cannabis facilities, while allowing for the State-mandated delivery of medicinal cannabis, as required by Senate Bill 1186 (2022). The proposed action is thus neither inappropriate nor otherwise contrary to the public interest, as it carries out the directive of State law.

SECTION 3. Repealing and Replacing Former Chapter 17.780. Chapter 17.780 is hereby repealed and replaced in its entirety with a new Chapter 17.780, which is set forth in Exhibit “A”, attached hereto and incorporated herein.

SECTION 4. Compliance with CEQA. The City Council hereby finds that the action to adopt this Ordinance to replace Chapter 17.780 of the Brentwood Municipal Code in its entirety is 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 this Ordinance may have a significant effect on the environment, and the Ordinance is exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(1), 15061(b)(2), and 15061(b)(3).

SECTION 5. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance or its attachments is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the City Council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision.

SECTION 6. Inclusion in the Brentwood Municipal Code. It is the intention of the Brentwood City Council that the text in Exhibit A of this Ordinance be made a part of the Brentwood Municipal Code and that the text may be renumbered or re-lettered and the word "Ordinance" may be changed to "Section," "Chapter," or such other appropriate word or phrase to accomplish this intention.

SECTION 7. Publication and Effective Date. This Ordinance shall be published in accordance with Government Code Section 36933 by either posting or publishing the Ordinance in accordance with that law. Further, the City Clerk is directed to cause Chapter 17.780, as provided in Exhibit A, to be entered in the City of Brentwood Municipal Code. This Ordinance shall take effect and be in force 30 days following its adoption.

The foregoing ordinance was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 10th day of October, 2023 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

EXHIBIT A
Chapter 17.780

CANNABIS FACILITIES AND CULTIVATION

17.780.010 Purpose.

17.780.020 Definitions.

17.780.030 Medicinal cannabis facilities prohibited.

17.780.040 cannabis cultivation prohibited.

17.780.050 Non-medicinal cannabis facilities prohibited.

17.780.060 Non-medicinal cannabis delivery and transport prohibited.

17.780.070 State and federal law prohibitions and restrictions.

17.780.080 Enforcement.

17.780.010 Purpose.

The purpose and intent of this chapter is to prohibit cannabis cultivation facilities, medicinal cannabis facilities, non-medicinal cannabis facilities, and non-medicinal cannabis deliveries, as defined below, within the city limits. It is recognized that it is a federal violation under the Controlled Substances Act to possess or distribute cannabis even if for medical purposes.

Additionally, there is evidence of an increased incidence of crime-related secondary impacts in locations associated with cannabis facilities and in connection with cannabis deliveries, which is contrary to policies that are intended to promote and maintain the public’s health, safety, and welfare. (Ord. 993 § 2, 2017)

17.780.020 Definitions.

The following definitions shall apply to the provisions of this chapter:
“Cannabis (also known as “marijuana”) means any or all parts of the plant Cannabis sativa Linnaues, Cannabis indica, or Cannabis ruderalis, whether growing or not, the seeds thereof, the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufactured, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.
“Cannabis product” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

“Commercial cannabis activity” means the cultivation, possession, manufacturing, distribution, processing, storing, labeling, or sale of cannabis and cannabis products for commercial purposes, whether for profit or nonprofit, and for which a state license is required under Business and Professions Code section 26000 et seq. . “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
“Delivery” means the commercial transfer of cannabis or cannabis products to a customer.
“Distribution” means the procurement, wholesale sale, and transport of cannabis products between entities permitted or licensed under this chapter, another local California jurisdiction, or state law.
“Establish” or “operate” a cannabis cultivation facility, medicinal cannabis dispensary, or non-medicinal cannabis facility means and includes any of the following:

1. The opening or commencement of the operation of a cannabis cultivation facility, medicinal Cannabis facility, or non-medicinal Cannabis facility;

2. The conversion of an existing business, facility, use, establishment, or location to a cannabis cultivation facility, medicinal cannabis facility, or non-medicinal cannabis facility;

3. The addition of a cannabis cultivation facility, medicinal cannabis facility, or non-medicinal cannabis facility to any other existing business, facility, use, establishment or location. “Medicinal cannabis” is cannabis or a cannabis product, respectively, intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation, or in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction. “Medicinal cannabis facility” means any business, facility, use, establishment, property, or location, whether fixed or mobile, where medicinal cannabis is sold, made available, delivered and/or distributed by or to three or more people. A “medicinal cannabis facility” includes any business, facility, use, establishment, property, or location, whether fixed or mobile, where a commercial cannabis activity, as defined by Business and Professions Code Section 26001(k), takes place. A “medicinal cannabis facility” does not include the following uses, as long as the location of such uses are otherwise regulated by this code or applicable law and as long as any use of cannabis complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq.:

1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;

2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code;

3. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code;

4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code;

5. A residential hospice, or a home health agency, licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.
“Medicinal cannabis patient” means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physician's recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.
“Non-medicinal cannabis facility” means any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any activity that requires a state license or nonprofit license under Business and Professions Code Section 26000 et seq., including, but not limited to, cannabis cultivation, cannabis distribution, cannabis transportation, cannabis storage, manufacturing of cannabis products, cannabis processing, the sale of any cannabis or cannabis products, and the operation of a cannabis microbusiness. (Ord. 993 § 2, 2017)

17.780.030 Medicinal cannabis facilities prohibited.

Medicinal cannabis facilities are prohibited in all zoning districts in the city and shall not be established or operated anywhere in the city. The city shall not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a medicinal cannabis facility within the city. No person may be the lessor of property where a medicinal cannabis facility is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any medicinal cannabis facility in the city. (Ord. 993 § 2, 2017)

17.780.040 Cannabis cultivation prohibited.

No person or entity may cultivate cannabis at any location in the city, except that a person may cultivate cannabis plants inside his or her private residence, or inside an accessory structure to his or her private residence located upon the grounds of that private residence that is fully enclosed and secured against unauthorized entry, provided that the owner of the property provides written consent expressly allowing the cannabis cultivation to occur, the person conducting the cannabis cultivation complies with all applicable Building Code requirements set forth in Title 8 of the Municipal Code, there is no use of gas products (including, but not limited to, CO2, butane, propane, and natural gas) on the property for purposes of cannabis cultivation, and the cannabis cultivation complies with Health and Safety Code Section 11362.2(a)(3). Not more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time. (Ord. 993 § 2, 2017)

17.780.050 Non-medicinal cannabis facilities prohibited.

Non-mediincal cannabis facilities are prohibited in all zoning districts in the city and shall not be established or operated anywhere in the city. The city shall not issue, approve or grant any

permit, license or other entitlement for the establishment or operation of a non-medicinal cannabis facility. No person may be the lessor of property where a non-medicinal cannabis facility is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any non-medicinal cannabis facility in the city. (Ord. 993 § 2, 2017)

17.780.060 Non-medicinal cannabis delivery and transport prohibited.

A. Except as set forth in subsection (C) below, origination or acceptance of deliveries of cannabis for any purpose is prohibited in all zoning districts in the city.

B. Except as set forth in subsection (C) below, no person and/or entity may deliver or transport cannabis, including medicinal cannabis, from any fixed or mobile location, either inside or outside the city, to any person in the city.

C. As an exception to subsection A and above, and as required by the Medicinal Cannabis Patients’ Right of Access Act (Business and Professions Code Sections 26321, et seq.) a person may deliver or transport medicinal cannabis to a medicinal cannabis patient, subject to the following requirements:

1. Deliveries of medicinal cannabis to a medicinal cannabis patient must be made to fixed addresses and may not occur at locations such as schools, day care centers, youth centers, public parks and open spaces, public buildings, and establishments serving food or beverages.

2. A retailer with a physical address outside of the city that wishes to deliver medicinal cannabis or medicinal cannabis products to a patient or customer within city limits is required to obtain a City business license prior to commencing any delivery service within city limits.

3. All medicinal cannabis or medicinal cannabis products must be securely packaged and labeled according to State regulations, ensuring that they are not accessible to minors during transit.

4. Delivery vehicles must adhere to safety and security standards, which include GPS tracking, alarms, and secure storage.

5. The delivery of cannabis accessories, branded merchandise of the licensee, or promotional materials is prohibited, except for any equipment, products or materials necessary to enable a qualified patient to ingest, inhale, or otherwise introduce cannabis or cannabis products into the human body.

D. This Section shall not be interpreted as prohibiting medicinal cannabis patients within the city from purchasing by delivery sufficient medicinal cannabis to meet their demands in a timely and readily accessible manner.

17.780.070 State and federal law prohibitions and restrictions.

A. The purpose of this chapter is to prohibit all cannabis activities for which a state license is required. Accordingly, the city shall not issue any permit, license or other entitlement for any commercial cannabis activity for which a state license is required.

B. Nothing contained in this section shall be deemed to permit or authorize any use or activity that is otherwise prohibited by any state or federal law. (Ord. 993 § 2, 2017)

17.780.080 Enforcement.

The city may enforce this chapter in any manner permitted by law. The violation of this chapter shall be and is hereby declared to be a public nuisance and contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief. In addition, violators may be punished pursuant to Title 1 of this code. These remedies are deemed to be cumulative and in addition to all other remedies under this code and state and federal law. (Ord. 993 § 2, 2017)




  



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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org FAQ: The Medicinal Cannabis Patients’ Right of Access Act In 2022, the Legislature passed and Gov. Gavin Newsom signed into law SB 1186 (Wiener), the Medicinal Cannabis Patients’ Right of Access Act (Act).1 Beginning Jan. 1, 2024, the Act bars a city2 from adopting or enforcing any regulation that directly or indirectly prohibits retail delivery of medicinal cannabis3 to patients or caregivers in the city.4 What limits does the Act impose on local authority?
Under the Act, a city cannot adopt or enforce regulations that prohibit the “retail sale by delivery” of medicinal cannabis. This includes any regulation that has the effect of prohibiting patients within the city or their caregivers from purchasing, by delivery, sufficient medicinal cannabis to meet their demands in a timely and readily accessible manner.

Examples of prohibited regulations include those that:

1. Limit the number of businesses authorized to deliver medicinal cannabis in the city.

2. Limit the operating hours5 of medicinal cannabis businesses.

3. Limit the number or frequency of medicinal cannabis sales by delivery.

4. Limit the types or quantities of medicinal cannabis.

5. Require the establishment of physical premises within the city.6 The Act does not prevent a city from adopting or enforcing reasonable regulations on retail delivery of medicinal cannabis related to:

1. Zoning requirements.

2. Security or public health and safety requirements.

3. Licensing requirements.

4. Imposing or collecting applicable state or local taxes on retail sales of medicinal cannabis occurring within the city.

5. Regulations consistent with requirements or restrictions imposed on cannabis businesses by state law or regulations issued by the California Department of Cannabis Control (DCC).7
What principles should cities keep in mind as they draft new ordinances? Cities that prohibit the delivery of cannabis must repeal or stop enforcing any prohibition on retail delivery of medicinal cannabis to patients or caregivers in the city.

1. Cal. Bus. & Prof. Code §§ 26320-26325. In enacting the Act, the Legislature determined that access to medicinal cannabis is an integral aspect of access to health care and sought to ensure that Californians throughout the state have timely and convenient access to safe, effective, and affordable medicinal cannabis. (Cal. Bus. & Prof. Code § 26320.)

2. Note: With respect to charter city authority, the Act states: “This chapter addresses a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution.” (Cal. Bus. & Prof. Code § 26325.)

3. Full local control is maintained for commercial adult-use cannabis deliveries. (Cal. Bus. & Prof. Code § 26324.)

4. Cal. Bus. & Prof. Code § 26322.

5. Note: Under state law, licensed retailers may only engage in sales and deliveries of cannabis between the hours of 6:00 a.m. and 10:00 p.m. (Cal. Code Regs. § 15403.)

6. Cal. Bus. & Prof. Code § 26322(a)(1)-(5).

7. Cal. Bus. & Prof. Code § 26322(b)(1)-(5).

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org Cities adopting or amending cannabis ordinances should consider whether to:

1. Regulate medicinal cannabis delivery or simply not prohibit it. The DCC regulates the delivery of medicinal cannabis.8 A city will want to consider whether to leave regulation to the DCC or adopt its own reasonable regulations, as outlined above.9

2. Require a business license (and payment of business license tax) to deliver medicinal cannabis within the city. A business license tax may be imposed at either a flat rate or proportionate to sales within the city.

3. Limit the number of non-storefront retailers with physical premises in the city.10

4. Place an explicit prohibition on the delivery of “cannabis accessories,”11 branded merchandise of the licensee, or “promotional materials.”12 The Act only requires the delivery of “cannabis”13 and “cannabis products.”14

5. Include a statement that the ordinance shall not be interpreted as prohibiting patients within the city or their caregivers from purchasing by delivery sufficient medicinal cannabis to meet their demands in a timely and readily accessible manner.

For a complete discussion of regulating cannabis, see Part 3 of Seed to Sale: A Guide to Regulating Cannabis in California Cities (2021).15 For examples of city ordinances and regulations that allowed for the delivery of cannabis before the adoption of SB 1186, see:
• City of Burlingame
• City of Coachella
• City of Palm Springs
• City of San Luis Obispo
• Town of Truckee
• City of West Hollywood
• City of Wildomar
• Town of Yountville
Are there any resources available for cities that need to comply with the Act? Yes. The 2022-23 State Budget included $20.5 million for the Retail Access Grant, which helps local governments develop and implement cannabis retailer licensing programs. More information about the Retail Access Grant can be found on the DCC’s website and in the DCC’s Grant Guidelines (Feb. 2023).

8. Cal. Code Regs., tit. 4, §§ 15414-15421.

9. Cal. Bus. & Prof. Code § 26322(b)(5).

10. But remember, the ordinance cannot require the physical presence of a non-storefront retailer. Any limit on the number of non-storefront retailers with a physical premises in the city may not have the effect of prohibiting delivery of sufficient amount to respond to need.

11. Cal. Code of Regs., tit. 4, § 15000, subd. (g).

12. Cal. Code Regs., tit. 4, § 15000, subd. (ggg).

13. Cal. Health & Saf. Code § 11018.

14. Cal. Code Regs., tit. 4, § 15000, subd. (j).

15. Note: the Guide was published before the adoption of SB 1186.

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY OF BRENTWOOD REPEALING BRENTWOOD MUNICIPAL CODE CHAPTER 9.50 (MEDICAL MARIJUANA FACILITIES) AND

REPLACING IT IN ITS ENTIRETY WITH NEW BRENTWOOD MUNICIPAL CODE CHAPTER 9.50 (CANNABIS FACILITIES AND CULTIVATION) WHEREAS, in 1970, the United States Congress enacted the Controlled Substances Act (“CSA”) which, among other things, makes it illegal to import, manufacture, distribute, possess or use marijuana in the United States; and
WHEREAS, in 1972, California added Chapter 6 to the State Uniform Controlled Substances Act, commencing at Health and Safety Code section 11350, which established the state’s prohibition, penalties, and punishments for the possession, cultivation, transportation, and distribution of marijuana; and
WHEREAS, in 1996, the voters of the State of California approved Proposition 215 (the "Act;" Health and Safety Code Section 11362.5, et seq.); and WHEREAS, California courts have held that the Act creates a limited exception from criminal liability under the state Uniform Controlled Substances Act for seriously ill persons who are in need of medical marijuana for specified medical purposes and who obtain and use medical marijuana under limited, specified circumstances; and
WHEREAS, on January 1, 2004, the Medical Marijuana Program (“MMP”), codified as Health and Safety Code Sections 11362.7 to 11362.83, was enacted by the State Legislature to clarify the scope of the Act, establish a voluntary program for identification cards issued by counties for qualified patients and primary caregivers, and provide criminal immunity to qualified patients and primary caregivers for certain activities involving medical marijuana, including the collective or cooperative cultivation of medical marijuana; and WHEREAS, the California Supreme Court ruled unanimously in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal.4th 729, that the Act and the MMP do not preempt local ordinances that completely and permanently ban medical marijuana dispensaries, collectives, and cooperatives; and
WHEREAS, in Maral v. City of Live Oak (2013) 221 Cal.App.4th 975, the Third District Court of Appeal held, based on Inland Empire, that there was no right to cultivate medical marijuana and that a city could implement and enforce a complete ban on this activity, including a ban on personal cultivation; and
WHEREAS, on October 9, 2015, Assembly Bills 243 and 266 and Senate Bill 643 (collectively, the Medical Marijuana Regulation and Safety Act or “MMRSA”) were enacted to create a State regulatory and licensing system governing the cultivation, testing, and distribution of medical marijuana, the manufacturing of medical marijuana products, and physician recommendations for medical marijuana. This legislation preserved local control over marijuana facilities and land uses, including the authority to completely prohibit marijuana dispensaries, cultivation and deliveries; and
WHEREAS, several California cities and counties have experienced serious adverse impacts associated with and resulting from medical marijuana dispensaries, cultivation sites, and

delivery services. According to these communities and according to news stories widely reported, medical marijuana activities have resulted in and/or caused an increase in crime, including burglaries, robberies, violence, and illegal sales of marijuana to, and use of marijuana by, minors and other persons without medical need in the areas immediately surrounding such medical marijuana activities. There have also been large numbers of complaints of odors related to the cultivation and storage of marijuana; and
WHEREAS, a California Police Chiefs’ Association compilation of police reports, news stories, and statistical research regarding crimes involving medical marijuana businesses and their secondary impacts on the community is contained in a 2009 white paper report; and WHEREAS, it is reasonable to conclude that medical marijuana dispensaries, marijuana cultivation facilities, commercial cannabis activities, and medical marijuana deliveries could cause similar adverse impacts on the public health, safety, and welfare in Brentwood; and WHEREAS, on November 8, 2016, California voters approved the Control, Regulate and Tax Adult Use of Marijuana Act (“AUMA”), which allows individuals to possess, use, and cultivate recreational marijuana in certain amounts. Under this new State law, an adult individual may possess up to 28.5 grams of non-concentrated marijuana or 8 grams of marijuana in a concentrated form (e.g., marijuana edibles); and
WHEREAS, the AUMA does not limit local police power authority over commercial marijuana businesses and land uses. Business and Professions Code Section 26200 provides that cities may “completely prohibit the establishment or operation of one or more types of businesses licensed under” the AUMA. Therefore, as under MCRSA, cities have a wide range of regulatory options under the AUMA to deal with marijuana land uses. These options include an express ban on all or some of the businesses permitted under the AUMA or a regulatory scheme for commercial marijuana businesses; and
WHEREAS, on October 24, 2017, the City Council amended Brentwood Municipal Code Chapters 9.50 and 17.780 to prohibit, in express terms, medical and recreational marijuana dispensaries, marijuana cultivation facilities, commercial cannabis activities, and medical marijuana deliveries; and
WHEREAS, in 2022 the California Legislature passed and Governor Gavin Newsom signed into law SB 1186 (Weiner), the Medicinal Cannabis Patients’ Right of Access Act (the “Act”). Beginning January 1, 2024, the Act bars a city from adopting or enforcing any regulation that directly or indirectly prohibits retail delivery of medicinal cannabis to eligible patients or caregivers in the city; and
WHEREAS, in order to protect the public health, safety, and welfare, the City Council desires to amend Brentwood Municipal Code Chapter 9.50 to regulate cannabis dispensaries, cultivation facilities, commercial cannabis activities, and cannabis deliveries; and WHEREAS, on September 29, 2023, the City gave public notice of a City Council public hearing to be held to consider this Ordinance by advertisement in the Brentwood Press; and WHEREAS, on October 10, 2023, the City Council held a duly-noticed public hearing to consider the Ordinance, including the public testimony and agenda reports prepared in connection with the Ordinance, as well as the policy considerations discussed therein; and

WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW, THEREFORE, the City Council of the City of Brentwood does hereby ordain as follows:

SECTION 1. Recitals. The recitals set forth above are incorporated into this Ordinance as though fully set forth herein.

SECTION 2. Repealing and Replacing Former Chapter 9.50. Brentwood Municipal Code Chapter 9.50 is hereby repealed and replaced in its entirety with the new Chapter 9.50, attached hereto as Exhibit A and incorporated herein by reference.

SECTION 3. Compliance with CEQA. The City Council hereby finds that the action to adopt this Ordinance to replace Chapter 9.50 of the Brentwood Municipal Code in its entirety is 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 this Ordinance may have a significant effect on the environment, and the Ordinance is exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(1), 15061(b)(2), and 15061(b)(3).

SECTION 4. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance or its attachments is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the City Council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision.

SECTION 5. Inclusion in the Brentwood Municipal Code. It is the intention of the Brentwood City Council that the text in Exhibit A of this Ordinance be made a part of the Brentwood Municipal Code and that the text may be renumbered or re-lettered and the word "Ordinance" may be changed to "Section," "Chapter," or such other appropriate word or phrase to accomplish this intention.

SECTION 6. Publication and Effective Date. This Ordinance shall be published in accordance with Government Code Section 36933 by either posting or publishing the Ordinance in accordance with that law. Further, the City Clerk is directed to cause Chapter 9.50, as provided in Exhibit A, to be entered in the City of Brentwood Municipal Code. This Ordinance shall take effect and be in force 30 days following its adoption.

The foregoing ordinance was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 10th day of October, 2023 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

EXHIBIT A
Chapter 9.50

CANNABIS FACILITIES AND CULTIVATION

9.50.010 Purpose.

9.50.020 Definitions.

9.50.030 Medicinal cannabis facilities prohibited.

9.50.040 Cannabis cultivation prohibited.

9.50.050 Non-medicinal cannabis facilities prohibited.

9.50.060 Non-medicinal cannabis delivery and transport prohibited.

9.50.070 State and federal law prohibitions and restrictions.

9.50.080 Enforcement.

9.50.010 Purpose.

The purpose and intent of this chapter is to prohibit cannabis cultivation facilities, medicinal cannabis facilities, non-medicinal cannabis facilities, and non-medicinal cannabis deliveries, as defined below, within the city limits. It is recognized that it is a federal violation under the Controlled Substances Act to possess or distribute cannabis even if for medical purposes.

Additionally, there is evidence of an increased incidence of crime-related secondary impacts in locations associated with cannabis facilities and in connection with cannabis deliveries, which is contrary to policies that are intended to promote and maintain the public’s health, safety, and welfare. (Ord. 993 § 2, 2017)

9.50.020 Definitions.

The following definitions shall apply to the provisions of this chapter:
“Cannabis (also known as “marijuana”) means any or all parts of the plant Cannabis sativa Linnaues, Cannabis indica, or Cannabis ruderalis, whether growing or not, the seeds thereof, the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufactured, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.
“Cannabis product” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

“Commercial cannabis activity” means the cultivation, possession, manufacturing, distribution, processing, storing, labeling, or sale of cannabis and cannabis products for commercial purposes, whether for profit or nonprofit, and for which a state license is required under Business and Professions Code section 26000 et seq. . “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
“Delivery” means the commercial transfer of cannabis or cannabis products to a customer.
“Distribution” means the procurement, wholesale sale, and transport of cannabis products between entities permitted or licensed under this chapter, another local California jurisdiction, or state law.
“Establish” or “operate” a cannabis cultivation facility, medicinal cannabis dispensary, or non-medicinal cannabis facility means and includes any of the following:

1. The opening or commencement of the operation of a cannabis cultivation facility, medicinal Cannabis facility, or non-medicinal Cannabis facility;

2. The conversion of an existing business, facility, use, establishment, or location to a cannabis cultivation facility, medicinal cannabis facility, or non-medicinal cannabis facility;

3. The addition of a cannabis cultivation facility, medicinal cannabis facility, or non-medicinal cannabis facility to any other existing business, facility, use, establishment or location. “Medicinal cannabis” is cannabis or a cannabis product, respectively, intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation, or in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction. “Medicinal cannabis facility” means any business, facility, use, establishment, property, or location, whether fixed or mobile, where medicinal cannabis is sold, made available, delivered and/or distributed by or to three or more people. A “medicinal cannabis facility” includes any business, facility, use, establishment, property, or location, whether fixed or mobile, where a commercial cannabis activity, as defined by Business and Professions Code Section 26001(k), takes place. A “medicinal cannabis facility” does not include the following uses, as long as the location of such uses are otherwise regulated by this code or applicable law and as long as any use of cannabis complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq.:

1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;

2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code;

3. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code;

4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code;

5. A residential hospice, or a home health agency, licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.
“Medicinal cannabis patient” means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physician's recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.
“Non-medicinal cannabis facility” means any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any activity that requires a state license or nonprofit license under Business and Professions Code Section 26000 et seq., including, but not limited to, cannabis cultivation, cannabis distribution, cannabis transportation, cannabis storage, manufacturing of cannabis products, cannabis processing, the sale of any cannabis or cannabis products, and the operation of a cannabis microbusiness. (Ord. 993 § 2, 2017)

9.50.030 Medicinal cannabis facilities prohibited.

Medicinal cannabis facilities are prohibited in all zoning districts in the city and shall not be established or operated anywhere in the city. The city shall not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a medicinal cannabis facility within the city. No person may be the lessor of property where a medicinal cannabis facility is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any medicinal cannabis facility in the city. (Ord. 993 § 2, 2017)

9.50.040 Cannabis cultivation prohibited.

No person or entity may cultivate cannabis at any location in the city, except that a person may cultivate cannabis plants inside his or her private residence, or inside an accessory structure to his or her private residence located upon the grounds of that private residence that is fully enclosed and secured against unauthorized entry, provided that the owner of the property provides written consent expressly allowing the cannabis cultivation to occur, the person conducting the cannabis cultivation complies with all applicable Building Code requirements set forth in Title 8 of the Municipal Code, there is no use of gas products (including, but not limited to, CO2, butane, propane, and natural gas) on the property for purposes of cannabis cultivation, and the cannabis cultivation complies with Health and Safety Code Section 11362.2(a)(3). Not more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time. (Ord. 993 § 2, 2017)

9.50.050 Non-medicinal cannabis facilities prohibited.

Non-medicinal cannabis facilities are prohibited in all zoning districts in the city and shall not be established or operated anywhere in the city. The city shall not issue, approve or grant any

permit, license or other entitlement for the establishment or operation of a non-medicinal cannabis facility. No person may be the lessor of property where a non-medicinal cannabis facility is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any non-medicinal cannabis facility in the city. (Ord. 993 § 2, 2017)

9.50.060 Non-medicinal cannabis delivery and transport prohibited.

A. Except as set forth in subsection (C) below, origination or acceptance of deliveries of cannabis for any purpose is prohibited in all zoning districts in the city.

B. Except as set forth in subsection (C) below, no person and/or entity may deliver or transport cannabis, including medicinal cannabis, from any fixed or mobile location, either inside or outside the city, to any person in the city.

C. As an exception to subsection A and above, and as required by the Medicinal Cannabis Patients’ Right of Access Act (Business and Professions Code Sections 26321, et seq.) a person may deliver or transport medicinal cannabis to a medicinal cannabis patient, subject to the following requirements:

1. Deliveries of medicinal cannabis to a medicinal cannabis patient must be made to fixed addresses and may not occur at locations such as schools, day care centers, youth centers, public parks and open spaces, public buildings, and establishments serving food or beverages.

2. A retailer with a physical address outside of the city that wishes to deliver medicinal cannabis or medicinal cannabis products to a patient or customer within city limits is required to obtain a City business license prior to commencing any delivery service within city limits.

3. All medicinal cannabis or medicinal cannabis products must be securely packaged and labeled according to State regulations, ensuring that they are not accessible to minors during transit.

4. Delivery vehicles must adhere to safety and security standards, which include GPS tracking, alarms, and secure storage.

5. The delivery of cannabis accessories, branded merchandise of the licensee, or promotional materials is prohibited, except for any equipment, products or materials necessary to enable a qualified patient to ingest, inhale, or otherwise introduce cannabis or cannabis products into the human body.

D. This Section shall not be interpreted as prohibiting medicinal cannabis patients within the city from purchasing by delivery sufficient medicinal cannabis to meet their demands in a timely and readily accessible manner.

9.50.070 State and federal law prohibitions and restrictions.

A. The purpose of this chapter is to prohibit all cannabis activities for which a state license is required. Accordingly, the city shall not issue any permit, license or other entitlement for any commercial cannabis activity for which a state license is required.

B. Nothing contained in this section shall be deemed to permit or authorize any use or activity that is otherwise prohibited by any state or federal law. (Ord. 993 § 2, 2017)

9.50.080 Enforcement.

The city may enforce this chapter in any manner permitted by law. The violation of this chapter shall be and is hereby declared to be a public nuisance and contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief. In addition, violators may be punished pursuant to Title 1 of this code. These remedies are deemed to be cumulative and in addition to all other remedies under this code and state and federal law. (Ord. 993 § 2, 2017)

EXHIBIT A
Chapter 9.50

MARIJUANA CANNABIS FACILITIES AND CULTIVATION

9.50.010 Purpose.

9.50.020 Definitions.

9.50.030 Medicinal marijuanacannabis facilities prohibited.

9.50.040 MarijuanaCannabis cultivation prohibited.

9.50.050 Non-medicinal marijuanacannabis facilities prohibited.

9.50.060 MarijuanaNon-medicinal cannabis delivery and transport prohibited.

9.50.070 State and federal law prohibitions and restrictions.

9.50.080 Enforcement.

9.50.010 Purpose.

The purpose and intent of this chapter is to prohibit marijuanacannabis cultivation facilities, medicinal marijuanacannabis facilities, non-medicinal marijuanacannabis facilities, and marijuananon-medicinal cannabis deliveries, as defined below, within the city limits. It is recognized that it is a federal violation under the Controlled Substances Act to possess or distribute marijuanacannabis even if for medical purposes. Additionally, there is evidence of an increased incidence of crime-related secondary impacts in locations associated with marijuanacannabis facilities and in connection with marijuanacannabis deliveries, which is contrary to policies that are intended to promote and maintain the public’s health, safety, and welfare. (Ord. 993 § 2, 2017)

9.50.020 Definitions.

The following definitions shall apply to the provisions of this chapter:
“Cannabis (also known as “marijuana”) means any or all parts of the plant Cannabis sativa Linnaues, Cannabis indica, or Cannabis ruderalis, whether growing or not, the seeds thereof, the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufactured, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.
“Cannabis product” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

“Commercial cannabis activity” means the cultivation, possession, manufacturing, distribution, processing, storing, labeling, or sale of cannabis and cannabis products for commercial purposes, whether for profit or nonprofit, and for which a state license is required under shall have the meaning set forth in Business and Professions Code section 260001 et seq. shall have the meaning set forth in Business and Professions Code Section 26001(k). “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuanacannabis.
“Delivery” means the commercial transfer of cannabis or cannabis products to a customer.
“Distribution” means the procurement, wholesale sale, and transport of cannabis products between entities permitted or licensed under this chapter, another local California jurisdiction, or state law.
“Establish” or “operate” a marijuanacannabis cultivation facility, medicinal marijuanacannabis dispensary, or non-medicinal marijuanacannabis facility means and includes any of the following:

1. The opening or commencement of the operation of a marijuanacannabis cultivation facility, medicinal marijuanaCannabis facility, or non-medicinal marijuanaCannabis facility;

2. The conversion of an existing business, facility, use, establishment, or location to a marijuanacannabis cultivation facility, medicinal marijuanacannabis facility, or non-medicinal marijuanacannabis facility;

3. The addition of a marijuanacannabis cultivation facility, medicinal marijuanacannabis facility, or non-medicinal marijuanacannabis facility to any other existing business, facility, use, establishment or location.
“Marijuana” shall have the meaning set forth in Health and Safety Code Section 11018 as of the effective date of the ordinance codified in this chapter and as subsequently amended. “Medicinal marijuanacannabis” is marijuanacannabis or a cannabis product, respectively, intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation, or in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction. used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person’s health would benefit from the use of marijuana in the treatment of acquired immune deficiency syndrome (“AIDS”), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which marijuana is deemed to provide relief as defined in subsection (h) of Health and Safety Code Section 11362.7.
“Medicinal marijuanacannabis facility” means any business, facility, use, establishment, property, or location, whether fixed or mobile, where medicinal marijuanacannabis is sold, made

available, delivered and/or distributed by or to three or more people. A “medicinal marijuanacannabis facility” includes any business, facility, use, establishment, property, or location, whether fixed or mobile, where a commercial cannabis activity, as defined by Business and Professions Code Section 26001(k), takes place. A “medicinal marijuanacannabis facility” does not include the following uses, as long as the location of such uses are otherwise regulated by this code or applicable law and as long as any use of marijuanacannabis complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq.:

1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;

2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code;

3. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code;

4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code;

5. A residential hospice, or a home health agency, licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.
“Medicinal cannabis patient” means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physician's recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.
“Non-medicinal marijuanacannabis facility” means any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any activity that requires a state license or nonprofit license under Business and Professions Code Section 26000 et seq., including, but not limited to, marijuanacannabis cultivation, marijuanacannabis distribution, marijuanacannabis transportation, marijuanacannabis storage, manufacturing of marijuanacannabis products, marijuanacannabis processing, the sale of any marijuanacannabis or marijuanacannabis products, and the operation of a marijuanacannabis microbusiness. (Ord. 993 § 2, 2017)

9.50.030 Medicinal marijuanacannabis facilities prohibited.

Medicinal marijuanacannabis facilities are prohibited in all zoning districts in the city and shall not be established or operated anywhere in the city. The city shall not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a medicinal marijuanacannabis facility within the city. No person may be the lessor of property where a medicinal marijuanacannabis facility is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any medicinal marijuanacannabis facility in the city. (Ord. 993 § 2, 2017)

9.50.040 MarijuanaCannabis cultivation prohibited.

No person or entity may cultivate marijuanacannabis at any location in the city, except that a person may cultivate marijuanacannabis plants inside his or her private residence, or inside an accessory structure to his or her private residence located upon the grounds of that private residence that is fully enclosed and secured against unauthorized entry, provided that the owner of the property provides written consent expressly allowing the marijuanacannabis cultivation to occur, the person conducting the marijuanacannabis cultivation complies with all applicable Building Code requirements set forth in Title 8 of the Municipal Code, there is no use of gas products (including, but not limited to, CO2, butane, propane, and natural gas) on the property for purposes of marijuanacannabis cultivation, and the marijuanacannabis cultivation complies with Health and Safety Code Section 11362.2(a)(3). Not more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time. (Ord. 993 § 2, 2017)

9.50.050 Non-medicinal marijuanacannabis facilities prohibited.

Non-mediincal marijuanacannabis facilities are prohibited in all zoning districts in the city and shall not be established or operated anywhere in the city. The city shall not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a non-medicinal marijuanacannabis facility. No person may be the lessor of property where a non-medicinal marijuanacannabis facility is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any non-medicinal marijuanacannabis facility in the city. (Ord. 993 § 2, 2017)

9.50.060 MarijuanaNon-medicinal cannabis delivery and transport prohibited.

A. Except as set forth in subsection (C) below, Oorigination or acceptance of deliveries of marijuanacannabis for any purpose is prohibited in all zoning districts in the city.

B. Except as set forth in subsection (C) below, Nno person and/or entity may deliver or transport marijuanacannabis, including medicinal marijuanacannabis, from any fixed or mobile location, either inside or outside the city, to any person in the city.

C. As an exception to subsections A and B above, and as required by the Medicinal Cannabis Patients’ Right of Access Act (Business and Professions Code Sections 26321, et seq.) a person may deliver or transport medicinal marijuanacannabis to a qualified medicinal cannabis patient, subject to the following requirements: or person with an identification card, as those terms are defined in Health and Safety Code Section 11362.7, for whom he or she is the primary caregiver within the meaning of Health and Safety Code Sections 11362.5 and 11362.7(d). (Ord. 993 § 2, 2017)

1. Deliveries of medicinal cannabis to a medicinal cannabis patient must be made to fixed addresses and may not occur at locations such as schools, day care centers, youth centers, public parks and open spaces, public buildings, and establishments serving food or beverages.

2. A retailer with a physical address outside of the city that wishes to deliver medicinal cannabis or medicinal cannabis products to a patient or customer within city limits is

required to obtain a City business license prior to commencing any delivery service within city limits.

3. All medicinal cannabis or medicinal cannabis products must be securely packaged and labeled according to State regulations, ensuring that they are not accessible to minors during transit.

4. Delivery vehicles must adhere to safety and security standards, which include GPS tracking, alarms, and secure storage.

5. ThThe delivery of cannabis accessories, branded merchandise of the licensee, or promotional materials is prohibited, except for any equipment, products or materials necessary to enable a qualified patient to ingest, inhale, or otherwise introduce cannabis or cannabis products into the human body.

D. This Section shall not be interpreted as prohibiting medicinal cannbbabis patients within the city from purchasing by delivery sufficient medicinal cannabis to meet their demands in a timely and readily accessible manner.

9.50.070 State and federal law prohibitions and restrictions.

A. The purpose of this chapter is to prohibit all marijuanacannabis activities for which a state license is required. Accordingly, the city shall not issue any permit, license or other entitlement for any commercial cannabis activity for which a state license is required.

B. Nothing contained in this section shall be deemed to permit or authorize any use or activity which that is otherwise prohibited by any state or federal law. (Ord. 993 § 2, 2017)

9.50.080 Enforcement.

The city may enforce this chapter in any manner permitted by law. The violation of this chapter shall be and is hereby declared to be a public nuisance and contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief. In addition, violators may be punished pursuant to Title 1 of this code. These remedies are deemed to be cumulative and in addition to all other remedies under this code and state and federal law. (Ord. 993 § 2, 2017)

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD REPEALING CHAPTER 17.780 (MEDICAL MARIJUANA FACILITIES) AND REPLACING IT IN ITS ENTIRETY WITH A NEW CHAPTER 17.780 (CANNABIS

FACILITIES AND CULTIVATION) OF THE BRENTWOOD MUNICIPAL CODE

TO REGULATE CANNABIS DELIVERIES WITHIN THE CITY OF BRENTWOOD WHEREAS, in 1970, the United States Congress enacted the Controlled Substances Act (“CSA”) which, among other things, makes it illegal to import, manufacture, distribute, possess or use marijuana in the United States; and
WHEREAS, in 1972, California added Chapter 6 to the State Uniform Controlled Substances Act, commencing at Health and Safety Code section 11350, which established the state’s prohibition, penalties, and punishments for the possession, cultivation, transportation, and distribution of marijuana; and
WHEREAS, in 1996, the voters of the State of California approved Proposition 215 (the "Act;" Health and Safety Code Section 11362.5, et seq.); and WHEREAS, California courts have held that the Act creates a limited exception from criminal liability under the state Uniform Controlled Substances Act for seriously ill persons who are in need of medical marijuana for specified medical purposes and who obtain and use medical marijuana under limited, specified circumstances; and
WHEREAS, on January 1, 2004, the Medical Marijuana Program (“MMP”), codified as Health and Safety Code Sections 11362.7 to 11362.83, was enacted by the State Legislature to clarify the scope of the Act, establish a voluntary program for identification cards issued by counties for qualified patients and primary caregivers, and provide criminal immunity to qualified patients and primary caregivers for certain activities involving medical marijuana, including the collective or cooperative cultivation of medical marijuana; and WHEREAS, the California Supreme Court ruled unanimously in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal.4th 729, that the Act and the MMP do not preempt local ordinances that completely and permanently ban medical marijuana dispensaries, collectives, and cooperatives; and
WHEREAS, in Maral v. City of Live Oak (2013) 221 Cal.App.4th 975, the Third District Court of Appeal held, based on Inland Empire, that there was no right to cultivate medical marijuana and that a city could implement and enforce a complete ban on this activity, including a ban on personal cultivation; and
WHEREAS, on October 9, 2015, Assembly Bills 243 and 266 and Senate Bill 643 (collectively, the Medical Marijuana Regulation and Safety Act or “MMRSA”) were enacted to create a State regulatory and licensing system governing the cultivation, testing, and distribution of medical marijuana, the manufacturing of medical marijuana products, and physician recommendations for medical marijuana. This legislation preserved local control over marijuana facilities and land uses, including the authority to completely prohibit marijuana dispensaries, cultivation and deliveries; and

WHEREAS, several California cities and counties have experienced serious adverse impacts associated with and resulting from medical marijuana dispensaries, cultivation sites, and delivery services. According to these communities and according to news stories widely reported, medical marijuana activities have resulted in and/or caused an increase in crime, including burglaries, robberies, violence, and illegal sales of marijuana to, and use of marijuana by, minors and other persons without medical need in the areas immediately surrounding such medical marijuana activities. There have also been large numbers of complaints of odors related to the cultivation and storage of marijuana; and
WHEREAS, a California Police Chiefs’ Association compilation of police reports, news stories, and statistical research regarding crimes involving medical marijuana businesses and their secondary impacts on the community is contained in a 2009 white paper report; and WHEREAS, it is reasonable to conclude that medical marijuana dispensaries, marijuana cultivation facilities, commercial cannabis activities, and medical marijuana deliveries could cause similar adverse impacts on the public health, safety, and welfare in Brentwood; and WHEREAS, on November 8, 2016, California voters approved the Control, Regulate and Tax Adult Use of Marijuana Act (“AUMA”), which allows individuals to possess, use, and cultivate recreational marijuana in certain amounts. Under this new State law, an adult individual may possess up to 28.5 grams of non-concentrated marijuana or 8 grams of marijuana in a concentrated form (e.g., marijuana edibles); and
WHEREAS, the AUMA does not limit local police power authority over commercial marijuana businesses and land uses. Business and Professions Code Section 26200 provides that cities may “completely prohibit the establishment or operation of one or more types of businesses licensed under” the AUMA. Therefore, as under MCRSA, cities have a wide range of regulatory options under the AUMA to deal with marijuana land uses. These options include an express ban on all or some of the businesses permitted under the AUMA or a regulatory scheme for commercial marijuana businesses; and
WHEREAS, on October 24, 2017, the City Council amended Brentwood Municipal Code Chapters 9.50 and 17.780 to prohibit, in express terms, medical and recreational marijuana dispensaries, marijuana cultivation facilities, commercial cannabis activities, and medical marijuana deliveries; and
WHEREAS, in 2022 the California Legislature passed and Governor Gavin Newsom signed into law SB 1186 (Weiner), the Medicinal Cannabis Patients’ Right of Access Act (the “Act”). Beginning January 1, 2024, the Act bars a city from adopting or enforcing any regulation that directly or indirectly prohibits retail delivery of medicinal cannabis to eligible patients or caregivers in the city; and
WHEREAS, in order to protect the public health, safety, and welfare, the City Council desires to amend Brentwood Municipal Code Chapter 9.50 to regulate cannabis dispensaries, cultivation facilities, commercial cannabis activities, and cannabis deliveries; and WHEREAS, on September 19, 2023, the Planning Commission held a duly-noticed public hearing to consider the staff report, recommendation by staff, and public testimony concerning this Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and

WHEREAS, on September 29, 2023, the City gave public notice of a City Council public hearing to be held to consider this Ordinance by advertisement in the Brentwood Press; and WHEREAS, on October 10, 2023, the City Council held a duly-noticed public hearing to consider the Ordinance, including the public testimony and agenda reports prepared in connection with the Ordinance, as well as the policy considerations discussed therein; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW, THEREFORE, the City Council of the City of Brentwood does hereby ordain as follows:

SECTION 1. Recitals. The recitals set forth above are incorporated into this Ordinance as though fully set forth herein.

SECTION 2. Zoning Text Amendment. The City Council hereby finds that, with respect to Brentwood Municipal Code Section 17.870.008:

No rezoning of property or text amendment shall occur which is inconsistent with the city’s community development plan. In making a decision, the planning commission and council shall consider the consistency of a proposed action with the community development plan and other applicable city plans, and shall consider whether the proposed action is inappropriate or otherwise contrary to the public interest.

This zoning text amendment is consistent with the City of Brentwood General Plan (as updated July 2014), insomuch as it implements General Plan Land Use Policy LU 1-1 (“Maintain a supply of developable commercial, business park, mixed-use, and residential lands sufficient to meet desired growth and economic needs over the planning period”).

The Ordinance does this by maintaining the City’s prohibition on the establishment of cannabis cultivation facilities, medical cannabis facilities, and non-medical cannabis facilities, while allowing for the State-mandated delivery of medicinal cannabis, as required by Senate Bill 1186 (2022). The proposed action is thus neither inappropriate nor otherwise contrary to the public interest, as it carries out the directive of State law.

SECTION 3. Repealing and Replacing Former Chapter 17.780. Chapter 17.780 is hereby repealed and replaced in its entirety with a new Chapter 17.780, which is set forth in Exhibit “A”, attached hereto and incorporated herein.

SECTION 4. Compliance with CEQA. The City Council hereby finds that the action to adopt this Ordinance to replace Chapter 17.780 of the Brentwood Municipal Code in its entirety is 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 this Ordinance may have a significant effect on the environment, and the Ordinance is exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(1), 15061(b)(2), and 15061(b)(3).

SECTION 5. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance or its attachments is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the City Council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision.

SECTION 6. Inclusion in the Brentwood Municipal Code. It is the intention of the Brentwood City Council that the text in Exhibit A of this Ordinance be made a part of the Brentwood Municipal Code and that the text may be renumbered or re-lettered and the word "Ordinance" may be changed to "Section," "Chapter," or such other appropriate word or phrase to accomplish this intention.

SECTION 7. Publication and Effective Date. This Ordinance shall be published in accordance with Government Code Section 36933 by either posting or publishing the Ordinance in accordance with that law. Further, the City Clerk is directed to cause Chapter 17.780, as provided in Exhibit A, to be entered in the City of Brentwood Municipal Code. This Ordinance shall take effect and be in force 30 days following its adoption.

The foregoing ordinance was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 10th day of October, 2023 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

EXHIBIT A
Chapter 17.780

CANNABIS FACILITIES AND CULTIVATION

17.780.010 Purpose.

17.780.020 Definitions.

17.780.030 Medicinal cannabis facilities prohibited.

17.780.040 cannabis cultivation prohibited.

17.780.050 Non-medicinal cannabis facilities prohibited.

17.780.060 Non-medicinal cannabis delivery and transport prohibited.

17.780.070 State and federal law prohibitions and restrictions.

17.780.080 Enforcement.

17.780.010 Purpose.

The purpose and intent of this chapter is to prohibit cannabis cultivation facilities, medicinal cannabis facilities, non-medicinal cannabis facilities, and non-medicinal cannabis deliveries, as defined below, within the city limits. It is recognized that it is a federal violation under the Controlled Substances Act to possess or distribute cannabis even if for medical purposes.

Additionally, there is evidence of an increased incidence of crime-related secondary impacts in locations associated with cannabis facilities and in connection with cannabis deliveries, which is contrary to policies that are intended to promote and maintain the public’s health, safety, and welfare. (Ord. 993 § 2, 2017)

17.780.020 Definitions.

The following definitions shall apply to the provisions of this chapter:
“Cannabis (also known as “marijuana”) means any or all parts of the plant Cannabis sativa Linnaues, Cannabis indica, or Cannabis ruderalis, whether growing or not, the seeds thereof, the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufactured, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.
“Cannabis product” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

“Commercial cannabis activity” means the cultivation, possession, manufacturing, distribution, processing, storing, labeling, or sale of cannabis and cannabis products for commercial purposes, whether for profit or nonprofit, and for which a state license is required under Business and Professions Code section 26000 et seq. . “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
“Delivery” means the commercial transfer of cannabis or cannabis products to a customer.
“Distribution” means the procurement, wholesale sale, and transport of cannabis products between entities permitted or licensed under this chapter, another local California jurisdiction, or state law.
“Establish” or “operate” a cannabis cultivation facility, medicinal cannabis dispensary, or non-medicinal cannabis facility means and includes any of the following:

1. The opening or commencement of the operation of a cannabis cultivation facility, medicinal Cannabis facility, or non-medicinal Cannabis facility;

2. The conversion of an existing business, facility, use, establishment, or location to a cannabis cultivation facility, medicinal cannabis facility, or non-medicinal cannabis facility;

3. The addition of a cannabis cultivation facility, medicinal cannabis facility, or non-medicinal cannabis facility to any other existing business, facility, use, establishment or location. “Medicinal cannabis” is cannabis or a cannabis product, respectively, intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation, or in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction. “Medicinal cannabis facility” means any business, facility, use, establishment, property, or location, whether fixed or mobile, where medicinal cannabis is sold, made available, delivered and/or distributed by or to three or more people. A “medicinal cannabis facility” includes any business, facility, use, establishment, property, or location, whether fixed or mobile, where a commercial cannabis activity, as defined by Business and Professions Code Section 26001(k), takes place. A “medicinal cannabis facility” does not include the following uses, as long as the location of such uses are otherwise regulated by this code or applicable law and as long as any use of cannabis complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq.:

1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;

2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code;

3. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code;

4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code;

5. A residential hospice, or a home health agency, licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.
“Medicinal cannabis patient” means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physician's recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.
“Non-medicinal cannabis facility” means any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any activity that requires a state license or nonprofit license under Business and Professions Code Section 26000 et seq., including, but not limited to, cannabis cultivation, cannabis distribution, cannabis transportation, cannabis storage, manufacturing of cannabis products, cannabis processing, the sale of any cannabis or cannabis products, and the operation of a cannabis microbusiness. (Ord. 993 § 2, 2017)

17.780.030 Medicinal cannabis facilities prohibited.

Medicinal cannabis facilities are prohibited in all zoning districts in the city and shall not be established or operated anywhere in the city. The city shall not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a medicinal cannabis facility within the city. No person may be the lessor of property where a medicinal cannabis facility is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any medicinal cannabis facility in the city. (Ord. 993 § 2, 2017)

17.780.040 Cannabis cultivation prohibited.

No person or entity may cultivate cannabis at any location in the city, except that a person may cultivate cannabis plants inside his or her private residence, or inside an accessory structure to his or her private residence located upon the grounds of that private residence that is fully enclosed and secured against unauthorized entry, provided that the owner of the property provides written consent expressly allowing the cannabis cultivation to occur, the person conducting the cannabis cultivation complies with all applicable Building Code requirements set forth in Title 8 of the Municipal Code, there is no use of gas products (including, but not limited to, CO2, butane, propane, and natural gas) on the property for purposes of cannabis cultivation, and the cannabis cultivation complies with Health and Safety Code Section 11362.2(a)(3). Not more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time. (Ord. 993 § 2, 2017)

17.780.050 Non-medicinal cannabis facilities prohibited.

Non-mediincal cannabis facilities are prohibited in all zoning districts in the city and shall not be established or operated anywhere in the city. The city shall not issue, approve or grant any

permit, license or other entitlement for the establishment or operation of a non-medicinal cannabis facility. No person may be the lessor of property where a non-medicinal cannabis facility is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any non-medicinal cannabis facility in the city. (Ord. 993 § 2, 2017)

17.780.060 Non-medicinal cannabis delivery and transport prohibited.

A. Except as set forth in subsection (C) below, origination or acceptance of deliveries of cannabis for any purpose is prohibited in all zoning districts in the city.

B. Except as set forth in subsection (C) below, no person and/or entity may deliver or transport cannabis, including medicinal cannabis, from any fixed or mobile location, either inside or outside the city, to any person in the city.

C. As an exception to subsection A and above, and as required by the Medicinal Cannabis Patients’ Right of Access Act (Business and Professions Code Sections 26321, et seq.) a person may deliver or transport medicinal cannabis to a medicinal cannabis patient, subject to the following requirements:

1. Deliveries of medicinal cannabis to a medicinal cannabis patient must be made to fixed addresses and may not occur at locations such as schools, day care centers, youth centers, public parks and open spaces, public buildings, and establishments serving food or beverages.

2. A retailer with a physical address outside of the city that wishes to deliver medicinal cannabis or medicinal cannabis products to a patient or customer within city limits is required to obtain a City business license prior to commencing any delivery service within city limits.

3. All medicinal cannabis or medicinal cannabis products must be securely packaged and labeled according to State regulations, ensuring that they are not accessible to minors during transit.

4. Delivery vehicles must adhere to safety and security standards, which include GPS tracking, alarms, and secure storage.

5. The delivery of cannabis accessories, branded merchandise of the licensee, or promotional materials is prohibited, except for any equipment, products or materials necessary to enable a qualified patient to ingest, inhale, or otherwise introduce cannabis or cannabis products into the human body.

D. This Section shall not be interpreted as prohibiting medicinal cannabis patients within the city from purchasing by delivery sufficient medicinal cannabis to meet their demands in a timely and readily accessible manner.

17.780.070 State and federal law prohibitions and restrictions.

A. The purpose of this chapter is to prohibit all cannabis activities for which a state license is required. Accordingly, the city shall not issue any permit, license or other entitlement for any commercial cannabis activity for which a state license is required.

B. Nothing contained in this section shall be deemed to permit or authorize any use or activity that is otherwise prohibited by any state or federal law. (Ord. 993 § 2, 2017)

17.780.080 Enforcement.

The city may enforce this chapter in any manner permitted by law. The violation of this chapter shall be and is hereby declared to be a public nuisance and contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief. In addition, violators may be punished pursuant to Title 1 of this code. These remedies are deemed to be cumulative and in addition to all other remedies under this code and state and federal law. (Ord. 993 § 2, 2017)

EXHIBIT A
Chapter 17.780

MARIJUANA CANNABIS FACILITIES AND CULTIVATION

17.780.010 Purpose.

17.780.020 Definitions.

17.780.030 Medicinal marijuanacannabis facilities prohibited.

17.780.040 Marijuanacannabis cultivation prohibited.

17.780.050 Non-medicinal marijuanacannabis facilities prohibited.

17.780.060 MarijuanaNon-medicinal cannabis delivery and transport prohibited.

17.780.070 State and federal law prohibitions and restrictions.

17.780.080 Enforcement.

17.780.010 Purpose.

The purpose and intent of this chapter is to prohibit marijuanacannabis cultivation facilities, medicinal marijuanacannabis facilities, non-medicinal marijuanacannabis facilities, and marijuananon-medicinal cannabis deliveries, as defined below, within the city limits. It is recognized that it is a federal violation under the Controlled Substances Act to possess or distribute marijuanacannabis even if for medical purposes. Additionally, there is evidence of an increased incidence of crime-related secondary impacts in locations associated with marijuanacannabis facilities and in connection with marijuanacannabis deliveries, which is contrary to policies that are intended to promote and maintain the public’s health, safety, and welfare. (Ord. 993 § 2, 2017)

17.780.020 Definitions.

The following definitions shall apply to the provisions of this chapter:
“Cannabis (also known as “marijuana”) means any or all parts of the plant Cannabis sativa Linnaues, Cannabis indica, or Cannabis ruderalis, whether growing or not, the seeds thereof, the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufactured, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.
“Cannabis product” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

“Commercial cannabis activity” means the cultivation, possession, manufacturing, distribution, processing, storing, labeling, or sale of cannabis and cannabis products for commercial purposes, whether for profit or nonprofit, and for which a state license is required under shall have the meaning set forth in Business and Professions Code section 260001 et seq. shall have the meaning set forth in Business and Professions Code Section 26001(k). “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuanacannabis.
“Delivery” means the commercial transfer of cannabis or cannabis products to a customer.
“Distribution” means the procurement, wholesale sale, and transport of cannabis products between entities permitted or licensed under this chapter, another local California jurisdiction, or state law.
“Establish” or “operate” a marijuanacannabis cultivation facility, medicinal marijuanacannabis dispensary, or non-medicinal marijuanacannabis facility means and includes any of the following:

1. The opening or commencement of the operation of a marijuanacannabis cultivation facility, medicinal marijuanaCannabis facility, or non-medicinal marijuanaCannabis facility;

2. The conversion of an existing business, facility, use, establishment, or location to a marijuanacannabis cultivation facility, medicinal marijuanacannabis facility, or non-medicinal marijuanacannabis facility;

3. The addition of a marijuanacannabis cultivation facility, medicinal marijuanacannabis facility, or non-medicinal marijuanacannabis facility to any other existing business, facility, use, establishment or location.
“Marijuana” shall have the meaning set forth in Health and Safety Code Section 11018 as of the effective date of the ordinance codified in this chapter and as subsequently amended. “Medicinal marijuanacannabis” is marijuanacannabis or a cannabis product, respectively, intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation, or in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction. used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person’s health would benefit from the use of marijuana in the treatment of acquired immune deficiency syndrome (“AIDS”), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which marijuana is deemed to provide relief as defined in subsection (h) of Health and Safety Code Section 11362.7.
“Medicinal marijuanacannabis facility” means any business, facility, use, establishment, property, or location, whether fixed or mobile, where medicinal marijuanacannabis is sold, made

available, delivered and/or distributed by or to three or more people. A “medicinal marijuanacannabis facility” includes any business, facility, use, establishment, property, or location, whether fixed or mobile, where a commercial cannabis activity, as defined by Business and Professions Code Section 26001(k), takes place. A “medicinal marijuanacannabis facility” does not include the following uses, as long as the location of such uses are otherwise regulated by this code or applicable law and as long as any use of marijuanacannabis complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq.:

1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;

2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code;

3. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code;

4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code;

5. A residential hospice, or a home health agency, licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.
“Medicinal cannabis patient” means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physician's recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.
“Non-medicinal marijuanacannabis facility” means any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any activity that requires a state license or nonprofit license under Business and Professions Code Section 26000 et seq., including, but not limited to, marijuanacannabis cultivation, marijuanacannabis distribution, marijuanacannabis transportation, marijuanacannabis storage, manufacturing of marijuanacannabis products, marijuanacannabis processing, the sale of any marijuanacannabis or marijuanacannabis products, and the operation of a marijuanacannabis microbusiness. (Ord. 993 § 2, 2017)

17.780.030 Medicinal marijuanacannabis facilities prohibited.

Medicinal marijuanacannabis facilities are prohibited in all zoning districts in the city and shall not be established or operated anywhere in the city. The city shall not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a medicinal marijuanacannabis facility within the city. No person may be the lessor of property where a medicinal marijuanacannabis facility is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any medicinal marijuanacannabis facility in the city. (Ord. 993 § 2, 2017)

17.780.040 MarijuanaCannabis cultivation prohibited.

No person or entity may cultivate marijuanacannabis at any location in the city, except that a person may cultivate marijuanacannabis plants inside his or her private residence, or inside an accessory structure to his or her private residence located upon the grounds of that private residence that is fully enclosed and secured against unauthorized entry, provided that the owner of the property provides written consent expressly allowing the marijuanacannabis cultivation to occur, the person conducting the marijuanacannabis cultivation complies with all applicable Building Code requirements set forth in Title 8 of the Municipal Code, there is no use of gas products (including, but not limited to, CO2, butane, propane, and natural gas) on the property for purposes of marijuanacannabis cultivation, and the marijuanacannabis cultivation complies with Health and Safety Code Section 11362.2(a)(3). Not more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time. (Ord. 993 § 2, 2017)

17.780.050 Non-medicinal marijuanacannabis facilities prohibited.

Non-mediincal marijuanacannabis facilities are prohibited in all zoning districts in the city and shall not be established or operated anywhere in the city. The city shall not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a non-medicinal marijuanacannabis facility. No person may be the lessor of property where a non-medicinal marijuanacannabis facility is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any non-medicinal marijuanacannabis facility in the city. (Ord. 993 § 2, 2017)

17.780.060 MarijuanaNon-medicinal cannabis delivery and transport prohibited.

A. Except as set forth in subsection (C) below, Oorigination or acceptance of deliveries of marijuanacannabis for any purpose is prohibited in all zoning districts in the city.

B. Except as set forth in subsection (C) below, Nno person and/or entity may deliver or transport marijuanacannabis, including medicinal marijuanacannabis, from any fixed or mobile location, either inside or outside the city, to any person in the city.

C. As an exception to subsections A and B above, and as required by the Medicinal Cannabis Patients’ Right of Access Act (Business and Professions Code Sections 26321, et seq.) a person may deliver or transport medicinal marijuanacannabis to a qualified medicinal cannabis patient, subject to the following requirements: or person with an identification card, as those terms are defined in Health and Safety Code Section 11362.7, for whom he or she is the primary caregiver within the meaning of Health and Safety Code Sections 11362.5 and 11362.7(d). (Ord. 993 § 2, 2017)

1. Deliveries of medicinal cannabis to a medicinal cannabis patient must be made to fixed addresses and may not occur at locations such as schools, day care centers, youth centers, public parks and open spaces, public buildings, and establishments serving food or beverages.

2. A retailer with a physical address outside of the city that wishes to deliver medicinal cannabis or medicinal cannabis products to a patient or customer within city limits is

required to obtain a City business license prior to commencing any delivery service within city limits.

3. All medicinal cannabis or medicinal cannabis products must be securely packaged and labeled according to State regulations, ensuring that they are not accessible to minors during transit.

4. Delivery vehicles must adhere to safety and security standards, which include GPS tracking, alarms, and secure storage.

5. The delivery of cannabis accessories, branded merchandise of the licensee, or promotional materials is prohibited.The delivery of cannabis accessories, branded merchandise of the licensee, or promotional materials is prohibited, except for any equipment, products or materials necessary to enable a qualified patient to ingest, inhale, or otherwise introduce cannabis or cannabis products into the human body.

D. This Section shall not be interpreted as prohibiting medicinal cannbbabis patients within the city from purchasing by delivery sufficient medicinal cannabis to meet their demands in a timely and readily accessible manner.

17.780.070 State and federal law prohibitions and restrictions.

A. The purpose of this chapter is to prohibit all marijuanacannabis activities for which a state license is required. Accordingly, the city shall not issue any permit, license or other entitlement for any commercial cannabis activity for which a state license is required.

B. Nothing contained in this section shall be deemed to permit or authorize any use or activity which that is otherwise prohibited by any state or federal law. (Ord. 993 § 2, 2017)

17.780.080 Enforcement.

The city may enforce this chapter in any manner permitted by law. The violation of this chapter shall be and is hereby declared to be a public nuisance and contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief. In addition, violators may be punished pursuant to Title 1 of this code. These remedies are deemed to be cumulative and in addition to all other remedies under this code and state and federal law. (Ord. 993 § 2, 2017)

CITY COUNCIL AGENDA ITEM NO. G.2
10/10/2023
SUBJECT: Informational update on an Ordinance amending provisions of the Brentwood Municipal Code related to oil and gas development DEPARTMENT: Community Development
STAFF: Alexis Morris, Community Development Director

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).

FISCAL IMPACT
There will be some staff time associated with oversight of the revised regulatory framework, and potentially in advising members of the public regarding the applicability and effect of the updated regulations. Staff time and the services of special counsel was also spent to study the issues and prepare the materials associated with this ordinance. Costs related to this process are funded by the General Fund.

CITY COUNCIL AGENDA ITEM NO. G.2
10/10/2023

BACKGROUND
The Brentwood Municipal Code presently authorizes oil and gas drilling, production, and exploratory operations in certain areas of Brentwood, subject to permitting obligations and imposition of site conditions, per Chapter 17.680. For instance, under the current regulations, an applicant for an oil and gas permit or land use entitlement must comply with all development standards applicable to drilling or production operations, including a minimum production site size, fencing, screening and landscaping restrictions, setbacks, soundproofing, signs, storage tanks and equipment size and locations, and safety restrictions, among other things.

Oil and gas production activities can have significant and prolonged environmental and health effects. For example, oil and gas production can substantially increase air pollution in the areas where permitted, and fossil fuel extraction contributes to emissions that create long-term climate change effects. 1 There are also risks specifically associated with residential proximity to oil and gas drilling, including adverse effects on reproductive health and birth weights.2 According to the U.S.

Occupational Safety and Health Administration, other safety hazards associated with oil and gas drilling uses include vehicle collisions, explosions and fires, and other related and indirect risks.3
Brentwood prides itself on caring for the health and wellbeing of its residents, workers, and visitors; precluding new development of oil and gas operations within those districts of the City where such operations are no longer appropriate given the current mix of development and uses in those locations will protect the continued ability of the Brentwood community to enjoy clean air and water, and live and work in a healthy and thriving city.

Originally, the Planning Commission considered a proposed ordinance that would prohibit new oil and gas land uses within the City, and a second proposed ordinance

1 See, e.g., Gonzalez, David J.X. et al. “Upstream Oil and Gas Production and Ambient Air Pollution in California.” Science of the Total Environment vol. 806, part 1 (Feb. 2022) available at https://www.sciencedirect.com/science/article/pii/S0048969721053754. 2 Willis, Mary D et al. “Associations between Residential Proximity to Oil and Gas Drilling and Term Birth Weight and Small-for-Gestational-Age Infants in Texas: A Difference-in-Differences Analysis.” Environmental Health Perspectives vol. 129,7 (2021) available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8293911/. See also Apergis, N., Hayat, T., & Saeed, T., “Fracking and infant mortality: Fresh evidence from Oklahoma” Environmental Science and Pollution Research, 26(31), 32360–32367 (2019) available at https://doi.org/10.1007/s11356- 019-06478-z; Shonkoff et al. “Response to CalGEM Questions for the California Oil and Gas Public Health Rulemaking Scientific Advisory Panel” (Oct. 2021) available at https://www.conservation.ca.gov/calgem/Documents/publichealth/Public%20Health%20Panel%20Responses_FINAL%20ADA.pdf. 3 U.S. Department of Labor, Occupational Safety and Health Administration, “Oil and Gas Extraction” (accessed April 2023) available at https://www.osha.gov/oil-and-gas-extraction/hazards.

CITY COUNCIL AGENDA ITEM NO. G.2
10/10/2023
setting new regulatory requirements for existing oil and gas operations in the City (that would not take effect unless the Ordinance prohibiting all oil and gas land uses within the City was repealed or became ineffective for any reason). These proposals were consistent with concerns raised by Council Members and community members at prior Council meetings.

There are no active or pending permit or entitlement applications relating to proposed oil and gas development within the City. Further, City staff’s research indicates that there are no active wells – including idle wells that may be re-engaged in the future – within City limits, meaning there are no vested rights to continue drilling or any related oil and gas operations that would be affected by a permanent ban.

Staff did confirm with Contra Costa County that there is one pending land use entitlement on behalf of Sunset Exploration to drill in an unincorporated area outside of Brentwood’s City limits (APN 019-120-002) and, to the best of staff’s knowledge, after consulting with the County’s permitting division, five existing land use entitlements in unincorporated areas held by Sunset Exploration. 4 These entitlements
would not have been affected by the City’s originally proposed action to ban oil and gas land uses within its boundaries and are not affected by the current proposed action.

Chevron U.S.A., Inc., et al. v. County of Monterey (2023) In the midst of staff’s work on this matter, on August 3, 2023, the Supreme Court of California issued a ruling in the case Chevron U.S.A., Inc., et al. v. County of Monterey (2023) 15 Cal.5th 135. There, the Court considered a County ballot measure that would have imposed severe restrictions on oil and gas development by banning the drilling of new oil and gas wells in the County, and phasing out the use of wastewater injection and impoundment for new and existing wells in the County. The Court determined the measure was invalid because it conflicted with state law. Specifically, the Court held that Public Resources Code section 3106, granting the state Geologic Energy Management Division broad authority to permit, regulate, and condition oil and gas development in the state, preempted the County’s measure, as the local measure conflicted with state authority to approve “methods and practices” of oil extraction that the state agency deemed suitable.

While the Court held that state law preempted the Monterey County measure as it pertained to the method and practices of oil extraction, it did not necessarily preclude a city’s ability to regulate where oil extraction could occur. The Court stated:

Regarding [one portion of the County ballot measure], its ban on the drilling of all new wells, at first glance, appears to regulate where oil production can take place, i.e., nowhere in the County. But the language

4 Per correspondence with the County, there is a current land use permit for active drilling on APN 057-060-008, and between 2001 and 2009, four other land use permits were approved on sites in Knightsen, and unincorporated land outside of Brentwood, Concord, and Antioch.

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[of that portion of the ballot measure] broadly defines ‘oil and gas wells’ to include any type of well ‘drilled for the purpose of…aiding in the recovery of oil and gas.’ Thus, the language…sweeps broadly and extends its ban to any oil production method that requires the drilling of new wells—such as wastewater and steam injection wells—in order to continue extracting oil from existing oil fields [and] therefore constitutes a ban on certain oil production methods in existing oil fields.

In other words, the Court explicitly rejected the County’s attempt to characterize the ballot measure as a zoning measure focused on restricting the location of oil production, concluding instead that the measure actually regulated oil production methods and practices, which is preempted by state law. However, the Court did not address whether or how a jurisdiction-wide prohibition could be framed to ensure it only regulated the locations at which oil could be extracted, which would arguably be a permissible zoning regulation that would not run afoul of preemption issues.

REVISED ORDINANCE
To address the Court’s decision, and mitigate legal risk, the two ordinances that were previously considered by the Planning have now been combined into one. Given this, a redline document of the revisions was not prepared. The revised ordinance focuses narrowly on specific locations in the City in which oil and gas development is no longer appropriate as a permitted or conditionally permitted use. Specifically, the revised ordinance takes a number of steps:

1. PD-17 and PD-55. The ordinance eliminates oil and gas production as conditionally permitted uses in PD-17 and PD-55;

2. All Planned Development districts. The ordinance excludes oil and gas development from uses that may be permitted with a conditional use permit in any Planned Development district, unless oil and gas uses are expressly listed as conditionally permitted uses in a specific Planned Development district; and

3. Citywide. To take into account the Chevron decision’s Public Resources Code Section 3106 preemption concerns about specific drilling methods and practices, and to address concerns related to the local health effects of oil and gas activities, the proposed ordinance further revises Chapter 17.680 in case a future city council decides to allow drilling as a conditionally permitted use in some districts. Additional revisions to the ordinance’s regulatory provisions from the previously proposed version now include the following:
a. Recognizing that the State regulatory agency for oil and gas operations is the California Geologic Energy Management Division (CalGEM);

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b. No longer requiring the abandonment of a well that is capable of producing oil and gas, even if it is no longer economically viable; c. Retaining the appeal procedures for suspended or revoked permits, in order to protect a permittee’s due process rights; and
d. Keeping the ordinance’s amended regulatory provisions, instead of having them become effective only upon a judicial ruling.

Finally, it should be noted that if the ordinance is adopted, future revisions may be warranted, depending on CalGEM regulations and/or subsequent judicial decisions.

As this ordinance pertains to Title 17 (Zoning), the Planning Commission must review it and make a recommendation on its passage prior to Council action. Though on May 2, 2023, the Commission saw earlier drafts of the ordinances, this revised version will be returned to the Commission for its official consideration and recommendation in order to comply with the requirements of Government Code section 65857, which provide:

The legislative body may approve, modify or disapprove the recommendation of the planning commission; provided that any modification of the proposed ordinance or amendment by the legislative body not previously considered by the planning commission during its hearing, shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. … (Emphasis added.)
Following tonight’s meeting, staff will schedule this for return to the Planning Commission. In the meantime, the interim moratorium on oil and gas drilling adopted by the City Council on April 12, 2022, and most recently extended on March 28, 2023, remains in effect until March 27, 2024.

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 4 (Community Development): Develop Brentwood as a high quality, diverse and balanced community while protecting natural and agricultural resources.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
The City of Brentwood published a public hearing notice in the Brentwood Press on July 28, 2023.

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ENVIRONMENTAL DETERMINATION
The adoption of the proposed Ordinance is a discretionary action by the City Council, and therefore, subject to consideration under the California Environmental Quality Act (CEQA). The proposed Ordinance has been analyzed in accordance with the authority and criteria contained in CEQA, the State CEQA Guidelines, and the environmental regulations of the City. Pursuant to CEQA and the CEQA Guidelines, it has been determined that the Ordinance establishing new regulations and requirements for existing operations is exempt from CEQA, including without limitation, requirements for CEQA review, pursuant to the following exemptions: 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).

In determining whether the proposed Ordinance is exempt from CEQA, City staff evaluated the potential for environmental effects associated with new regulations and requirements applicable to oil and gas uses, and evaluated the applicability of certain exemptions to this proposed Ordinance.

Ultimately, due to the imposition of enhanced regulatory requirements on oil and gas operators in the City, the proposed Ordinance will result in beneficial effects that would promote protection of the environment. Such benefits include, but are not limited to:
 Improved land use consistency and compatibility between oil production areas and other surrounding community uses;
 As to air quality, incremental reductions in air pollutants locally and assisting the region in meeting clean air goals, and as to climate change, incremental reductions in the State’s contribution to GHG emissions;  Improved visual character and aesthetics by restoration of the areas affected by oil and gas land use activities to as near a natural state as practicable; and  Enhanced public health, welfare, and safety, and protection of the environment by prohibiting new uses and regulating aged and outdated infrastructure that is vulnerable to failure and poses a threat to public safety and to the environment.

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ATTACHMENT(S)

1. Previous Actions

2. Ordinance amending the City of Brentwood Municipal Code to remove oil and gas development uses as conditionally permitted uses in Planned Development Districts 17 and 55, 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, amend oil and gas production regulations, and find the actions exempt from CEQA

3. Chevron U.S.A., Inc., et al. v. County of Monterey (2003) 15 Cal.5th 135

4. Public Resources Code § 3106

5. Government Code § 65857

Attachment 1

PREVIOUS ACTIONS
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

On March 22, 2022, the City Council unanimously voted to direct staff to return with an interim moratorium on oil and gas drilling in the city, while continuing to research and prepare an ordinance that would regulate all such uses within 3,200 feet of sensitive receptor areas, and permanently ban oil and gas drilling within city limits.

On April 12, 2022, the City Council unanimously voted to adopt an interim moratorium on oil and gas drilling in the city, so that staff could continue to research and prepare a long-term, forward-looking ordinance that would regulate all such uses within 3,200 feet of sensitive receptor areas, and permanently ban oil and gas drilling within city limits, if appropriate.

On May 24, 2022, the City Council unanimously voted to extend the interim moratorium on drilling, for a period of 10 months and 15 days, in accordance with Government Code section 65858(a).

On March 28, 2023, the City Council unanimously voted to extend the interim moratorium for a final period of one year, in accordance with Government Code section 65858(a).

On August 8, 2023, the City Council continued consideration of the matter to September 12, 2023.

On September 12, 2023, the City Council continued consideration of the matter to October 10, 2023.

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD

REMOVING OIL AND GAS DEVELOPMENT USES AS CONDITIONALLY
PERMITTED USES IN PLANNED DEVELOPMENT DISTRICTS 17 AND 55,

REQUIRING OIL AND GAS DEVELOPMENT USES TO BE SPECIFICALLY

LISTED AS CONDITIONALLY PERMITTED USES IN PLANNED

DEVELOPMENT DISTRICTS TO BE ELIGIBLE FOR CONDITIONAL USE

PERMITS, AMENDING OIL AND GAS PRODUCTION REGULATIONS, AND

FINDING THE ACTION EXEMPT FROM CEQA
WHEREAS, the City of Brentwood (“City”) presently regulates oil and gas development within the City via Brentwood Municipal Code (“BMC”) Chapter 17.680, entitled “Oil and Gas Production,” and designates oil and gas development as conditionally permitted uses in Planned Development Districts 17 and 55, but the City now wishes to revise those designations and adopt a more robust set of regulations of oil and gas development activities; and WHEREAS, on April 12, 2022, the City Council adopted Interim Urgency Ordinance No. 1036, pursuant to California Government Code section 65858, which authorized a temporary moratorium on new oil and gas development in the City of Brentwood, so that City staff could study and analyze the subject and prepare a comprehensive update to the BMC to regulate oil and gas activities moving forward; and
WHEREAS, in accordance with Government Code section 65858(a), the City Council subsequently extended said Urgency Ordinance for an initial period of 10 months and 15 days, followed by a final period of one year; and
WHEREAS, after using the time provided by the adoption of the interim moratorium, staff has studied, analyzed, and reported on the benefits and detriments of enacting a permanent ban on new oil and gas development, and has recommended and prepared this Ordinance to restrict the locations in the City in which oil and gas development uses may be conducted subject to conditional use permits; and
WHEREAS, due to the density of residential development in Planned Development Districts 17 and 55 and the presence of other sensitive uses in those districts, including public parks, daycare facilities, and preschools, as well as the significant adverse local health, safety, aesthetic, noise, and other impacts of oil and gas development, oil and gas development is no longer appropriate as a conditionally permitted use in those districts; and WHEREAS, as a result of the changes to Planned Development Districts 17 and 55, oil and gas development will not be explicitly listed as a permitted or conditionally permitted use in any zoning district in the City; and
WHEREAS, should a future change to zoning designations list oil and gas development as a permitted or conditionally permitted use in a zoning district, the amendments to Chapter

17.860 will better protect the health and safety of City residents and visitors; and WHEREAS, on May 2, 2023, the Planning Commission held a public hearing and unanimously adopted (1) a resolution recommending the City Council adopt an ordinance enacting a permanent ban on oil and gas developments within the City, and (2) a resolution

recommending, in the alternative, that the City Council adopt an ordinance enacting more stringent regulatory control measures for existing oil and gas developments in the City; and WHEREAS, the City published a Notice of Public Hearing in the Brentwood Press on July 28, 2023, in accordance with City policies and Government Code Section 65090; and WHEREAS, on August 8, 2023, the City Council continued consideration of the matter to September 12, 2023; and
WHEREAS, on September 12, 2023, the City Council continued consideration of the matter to October 10, 2023; and
WHEREAS, on October 10, 2023, the City Council was provided an update on this matter, and informed that it would be brought to the Planning Commission for further review pursuant to Government Code section 65857; and
WHEREAS, adoption of the Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines because this ordinance will not cause a change in any of the physical conditions within the area affected by the ordinance; the Ordinance is also categorically exempt pursuant to Section 15304 of the CEQA Guidelines for Class 4 – Alterations to Land; and Section 15308 of the CEQA Guidelines for Class 8 – Actions by Regulatory Agencies for the Protection of the Environment.

NOW, THEREFORE, the City Council of the City of Brentwood does ordain as follows:

SECTION 1. Recitals. The recitals set forth above are hereby adopted as the findings of the City Council in connection with the adoption of this ordinance.

SECTION 2. With respect to Brentwood Municipal Code Section 17.870.008, which provides:

No rezoning of property or text amendment shall occur which is inconsistent with the city’s community development plan. In making a decision, the planning commission and council shall consider the consistency of the proposed action to the community development plan and other applicable city plans, and shall consider whether the proposed action is inappropriate or otherwise contrary to the public interest.

The City Council finds the proposed ordinance is consistent with the City’s General Plan, particularly, but not limited to, General Plan Goal IF 1 (“Maintain and improve Brentwood's infrastructure to provide high-quality services and protect health and safety”) insomuch as this action will protect public health and safety; and Goal SA 4 (“Protect citizens from dangers related to the movement, storage, and manufacture of hazardous materials”), insomuch as this action will protect citizens from dangers related to the movement, storage, and manufacture of oil and gas.

The City Council likewise finds that the changes set forth by Ordinance No. ___ are in service of the public health and welfare of the residents of the city of Brentwood, and thus are not inappropriate or otherwise contrary to the public interest.

Specifically, the City Council hereby makes the following findings:

A. Oil and gas development activities can have significant and prolonged environmental and health effects, including substantial increases in localized air pollution and emissions, which can in turn result in significant long-term climate change effects.

B. Other risks associated with such activities include adverse effects on reproductive health and birth weights, and the potential for workplace related incidents such as vehicle collisions and explosions/fires.

C. Restricting the locations of oil and gas development activities within the City of Brentwood protects the community’s ability to enjoy clean air and water, and to live and work in a healthy and thriving place.

SECTION 3. Amendment. Subdivision (H) of Section 17.467.002 of the BMC is hereby stricken in its entirety and replaced with the term “Reserved.” SECTION 4. Amendment. Subdivision (E)(12) of Section 17.505.004 of the BMC is hereby stricken in its entirety and replaced with the term “Reserved.” SECTION 5. Amendment. Section 17.450.004 of the BMC is amended to read (new text shown underlined): “Any use not listed as a permitted use or listed as conditionally permitted in the specific planned development zone may be permitted subject to approval of a conditional use permit pursuant to Chapter 17.830. This notwithstanding, oil and gas exploration, development, and production uses may only be permitted subject to approval of a conditional use permit when those uses are expressly listed as conditionally permitted in the specific planned development district.”
SECTION 6. Amendment. Chapter 17.680 is hereby amended in its entirety to read as set forth in Attachment A hereto, which is incorporated herein.

SECTION 7. CEQA. The City Council finds that this ordinance is exempt from CEQA pursuant to the “common sense” exemption under CEQA Guidelines Section 15061(b)(3), as the action will not cause a change in any of the physical conditions within the area affected by the ordinance, and the following categorical exemptions: CEQA Guidelines Section 15304 for Class 4 – Alterations to Land; and Section 15308 for Class 8 – Actions by Regulatory Agencies for the Protection of the Environment.

SECTION 8. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or place, is for any reason held to be unconstitutional or invalid by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or places.

SECTION 9. Entry into Municipal Code. The City Clerk is requested to cause a copy of the quoted text in Attachment A to be entered in the Municipal Code.

SECTION 10. Publication; Effective Date. This Ordinance will take effect and be enforced within thirty (30) days from and after the date of its adoption by the City Council at a second reading, and shall be posted and published in accordance with the California Government Code.

THIS FOREGOING ORDINANCE was adopted at a regular meeting of the Brentwood City Council on the day of , 2023 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED:
________________________________
Joel Bryant, Mayor
ATTEST:
_________________________
Margaret Wimberly, MMC
City Clerk

ATTACHMENT A
“Chapter 17.680 OIL AND GAS PRODUCTION REGULATIONS

17.680.001 Title and purpose of provisions.

17.680.002 Definitions.

17.680.003 Permits required.

17.680.004 Development standards.

17.680.005 Sound level measurement— General.

17.680.006 Performance standards.

17.680.007 Consolidation of drilling sites.

17.680.008 Noise control officer designated.

17.680.009 Nonconforming drilling or production sites.

17.680.010 Nuisance.

17.680.011 Spills.

17.680.012 Building permits.

17.680.013 Insurance.

17.680.014 Indemnification.

17.680.015 Sale of wellsite.

17.680.016 Right of entry.

17.680.017 Notices.

17.680.018 Violations; enforcement.

17.680.019 Stop orders.

17.680.020 Revocation of permit.

17.680.021 Development encroachment in petroleum areas.

17.680.001 Title and purpose of provisions.

A. Title. The Provisions of Chapter 17.680 shall be known as the “oil and gas production regulations” of this title.

B. Purpose. The purpose of the “oil and gas production regulations” is to establish reasonable and uniform limitations, safeguards and controls for the present operation of and future drilling for and production of oil, gas, and other hydrocarbon substances within the city so that such activities may be conducted in harmony with other uses of land within the city, thus protecting the people of the city in the enjoyment and use of their property and providing for their comfort, health, safety and general welfare.

C. The council hereby finds and determines that uncontrolled oil, gas, and other hydrocarbon substance exploration, development, and production uses would be detrimental to the general welfare and public peace, health, safety, comfort, convenience, and prosperity of the citizens and residents of the city. Therefore, except as otherwise provided in this chapter, including compliance with all of the limitations and regulations on operations set forth in section 17.680.004, no person shall engage in oil, gas, or other hydrocarbon substance exploration, development, and production activities from any location within the city.

17.680.002 Definitions.

A. Those definitions provided in Public Resource Code Section (PRC) 3000 et seq., relating to oil and gas exploration and production shall apply to this chapter and are adopted herein by reference. In addition to those definitions in the PRC, the following shall apply:

B. All terminology used in this chapter, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body. “Ambient noise level” means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.
“A-weighted sound level” means the sound level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA. “Decibel” means a unit for measuring the amplitude of a sound, equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty microPascals.
“Emergency work” means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. “Equivalent sound level, Leq (dBA)” means the level of a steady sound which, in a stated time period and at a stated location, has the same A-weighted sound energy as the time-varying sound.

Mathematically, Leq is determined as follows:
(REF EPA “—LEVELS—,” 550/9-74-004, March, 1974.)
The Leq can be estimated from direct observations of a hand held sound level meter with the following equation:
(REF; ANSI SI.13-1971, PAGE 23)
“Noise control officer (NCO)” means the municipal agency or department having lead responsibility for this chapter. (If no such agency is designated, the term shall mean the municipal official having lead responsibility for this chapter.)
“Noise disturbance” means any sound which, as judged by the noise control officer:

1. Endangers or injures the safety or health of human beings or animals, or

2. Annoys or disturbs reasonable persons of normal sensitivities, or

3. Endangers or injures personal or real property, or

4. Violates the factors set forth in Section 17.680.005.

Compliance with the quantitative standards as listed herein shall constitute elimination of noise disturbance.
“Production facilities” means all equipment and pipelines used for the purpose of producing or transporting oil, gas and other hydrocarbon substances within or through the City of Brentwood, excluding normal public utility gas lines.
“Pure tone” means any sound that can be judged as audible as a single pitch or a set of single pitches by the noise control officer. For the purposes of this chapter, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by five dB for center frequencies of five hundred Hz and above and by eight dB for center frequencies between one hundred sixty and four hundred Hz and by fifteen dB for center frequencies less than or equal to one hundred twenty-five Hz.
“Sensitive receptor” means a residence, including any private home, condominium, apartment, or living quarter; an education resource, including a preschool, kindergarten, grades 1 to 12, day care center, park, playground, university, or college; a community resource center, including a youth center; a health care facility, including a hospital, retirement home, or nursing home; live-in housing, including a long-term care hospital, hospice, or dormitory; and any building housing a business that is open to the public.
“Sound level meter” means an instrument meeting or exceeding American National Standard Institute’s Standard S1.4-1971 for Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

17.680.003 Permits required.

Appropriate permits shall be obtained from the city for all oil, gas or other hydrocarbon operations including, but not limited to, seismic or geophysical oil or gas exploration or survey, drilling a new or reworking an existing well for oil, gas or other hydrocarbon substances, construction of related facilities for oil, gas or other hydrocarbon production. It shall be unlawful and a nuisance for any person to conduct any drilling operation or to drill and produce any oil and gas well or well hole in the surface or subsurface of the city from any drill site without first having applied for and obtained the requisite permits. The following permits shall be required:

A. A conditional use permit shall be obtained prior to the drilling of a new well or the reworking of an existing well which has not complied with these regulations, or prior to the construction of any new related facilities for the production of oil, gas or other hydrocarbon substances within or through the city excluding normal public utility gas lines.

B. A temporary use permit shall be obtained prior to seismic or geophysical surface-based exploration or survey for the purpose of locating gas, oil or other hydrocarbons, excluding any exploratory drilling operations which are subject to a conditional use permit.

C. A temporary use permit shall be obtained by the operator prior to any reworking of a well that has previously complied with these regulations.

D. Emergency Work. Whenever it is necessary to do work on a well to prevent a hazardous condition or the loss of the well, the operator is authorized to do such work without permits; however, the operator must immediately report any emergency that has the potential of threatening adjoining properties. All other emergencies must have a preliminary report submitted to the city within twenty-four hours and a final report within five working days after the emergency work is completed. Such emergency work shall be excluded from the maximum permissible sound levels during the term of the emergency only.

E. Administrative Conditional Use Permit. Applications for new or redrilled wells and/or production facilities shall be reviewed and acted on by community development department staff at a public hearing. Staff may refer any such case to the planning commission for review and action. Any staff decision may be appealed to the planning commission by any interested party upon filing a written appeal request and payment of an appeal fee as provided for under the provisions of appeal of a planning commission decision in the zoning ordinance.

F. Application Submittal. All applications for conditional use permits listed in subsection A of this section, shall include the following information in addition to the standard information required for a conditional use permit application:

1. Plan of drill site, production, storage and all surface facilities, including each derrick, tank, sump, pipeline, boiler and other existing and proposed equipment, including the distance to all existing and approved dwellings and other structures and land uses within a three thousand two hundred foot radius of the subject oil/gas facility;

2. Names and addresses of the mineral, surface and lease owners of the subject well and parcel;

3. A statement of the provisions for water for the drill rig;

4. Name and address of the person upon whom service of process upon applicant may be made, and a consent that service of summons may be made upon such person in any action to enforce any of the obligations of the applicant;

5. A statement that the applicant has the right, by reason of ownership or the permission of the owner, to pass through and enter all property through which such well is proposed to pass and that the applicant is duly authorized by the property owner to make and file the application;

6. A complete legal description of the subject site;

7. A brief description of the manner in which the oil will be produced and transported if the drilling operation is successful;

8. An oil spill contingency plan that specifies the location, description of responsibilities for cleanup and monitoring, disposition of wastes, and reporting incidents;

9. A phasing plan for the staging of the drilling operations, including but not limited to, an estimated timetable for project construction, operation, completion and abandonment, as well as location and amount of land reserved for future expansion;

10. Copies of all other required permits, insurance and bonds, including, but not limited to, those required by the California Department of Conservation Geologic Energy Management Division (CalGEM), the Regional Water Quality Control Board and the Bay Area Quality Management District;

11. An acoustical study prepared by a qualified acoustical engineer documenting existing ambient noise levels over a twenty-four hour period on the drill site and within a five hundred foot radius, if there are any occupied buildings within that radius;

12. Any and all other information that the city may, in its discretion and from time to time, require;

13. A written agreement duly executed by the applicant that in the event a permit is issued to them by the city, they will, as a condition to any of their operations within the city, faithfully comply with and abide by each and all of the provisions, requirements, and conditions of this chapter, and conditions of approval.

17.680.004 Development standards.

The following development standards are applicable to all drilling or production operations within the city unless approved otherwise through the conditional use permit procedure:

A. All oil and gas development related buildings, structures, equipment, systems, and drilling and production operations shall comply with the provisions of this code, California Public Resource Code Section 3000 et. seq., all regulations of CalGEM and the State Division of Industrial Safety, and all other agency regulations that apply to such operations.

B. Minimum Production Site Size. All production sites shall be minimum of three acres in size in order to accommodate consolidation of drill site, equipment, soundproofing, landscaping, circulation, and allow for reuse of the property at such time as the site is no longer utilized for drilling operations, unless a smaller site is approved by the planning commission through the conditional use permit procedure after careful consideration and the planning commission determines that a smaller site can accommodate all equipment, landscaping, and other requirements, and is of adequate size for reuse.

C. Access Roads and Production Site. All private roads used for access to the production site and the production site itself shall be surfaced with a permanent or semi-permanent surface such as rock or gravel and maintained to prevent dust or mud.

D. Sumps or Ponds. All sumps, sump pits, ponds or similar devices such as portable tanks constructed onsite for holding waste material shall be lined to prevent such waste material from penetrating into the soil. Furthermore, when such sump, pit or pond is no longer needed, it shall be excavated of all foreign materials and filled with compacted earth to the level of the surrounding terrain.

E. Fencing. All sumps, pits, excavations and production sites shall be enclosed with a fence, the type of fencing and height to be determined by the planning commission at the time of consideration of the conditional use permit.

F. Abandonment of Site. When the oil or gas drilling or production site is abandoned, the responsible party shall abandon the site in accordance with CalGEM regulations for urban areas and all other applicable regulations. Furthermore, the drill or production site and all access roads shall be restored to their original condition or as nearly as practicable unless approved otherwise by CalGEM and the community development director of the city upon receipt of a written request by the property owner. The responsible party shall furnish the city with a copy of the CalGEM approval showing compliance with all abandonment proceedings under state law.

G. Nonproducing Well. Whenever the cost of production exceeds the revenue produced by an oil or gas well or whenever a well is shut down for a period of ninety consecutive days or more, it shall be considered a nonproducing well. When a well is determined to be nonproducing or is shut down for ninety consecutive days or more, the operator shall report to the city the status of such a well.

The operator shall then have ninety days to conduct an engineering evaluation to determine the economic viability of continuing production operations.

The operator shall submit, upon request, reports to the city on each well reflecting the cost/revenue ratio of each well in order to determine if the well is nonproducing.

H. Site Development. At the time of application for a conditional use permit to all drilling and production, the applicant shall submit a plan showing relationship to existing land use, ultimate land use if different, and shall indicate proposed mitigation measures to all anticipated impacts including, but not limited to, noise, light or glare, odor, traffic, and aesthetics. Furthermore, the application shall include a plan for the ultimate reuse of the drilling or production site and how the ultimate use of the site will relate to adjacent uses.

I. Screening and Landscaping Production Sites. All oil or gas production sites shall be adequately screened from adjoining properties and public rights-of-way, with the specific type of screening and landscaping to be determined by the planning commission at the time of consideration of the conditional use permit.

J. Well Location. No new well, storage tank, or production facility shall be located within three thousand two hundred feet of any sensitive receptors.

K. Soundproofing. If drilling or redrilling operations are located within one thousand feet of an occupied building, noise sources associated with the operation shall be enclosed with soundproofing sufficient to ensure that expected noise levels do not exceed the noise limits contained in this chapter. Permittee shall install every device in the nature of exhaust mufflers and other equipment for the elimination of noise, obtainable and practicable for that purpose, on all operating machinery and equipment and on the well in all instances where objectionable noises might otherwise exist. Soundproofing shall be installed prior to commencement of operations and shall include but not be limited to the following:

1. Any well which is to be drilled or redrilled, and which is within five hundred feet of an occupied building, shall have all parts of a derrick above the derrick floor, including the elevated portion used as a hoist, enclosed with fire resistive soundproofing blanket or panel material. Such soundproofing shall comply with accepted American Petroleum Institute standards and shall be subject to fire department regulations. All doors shall be closed during drilling, except for ingress and egress and necessary logging, testing and well completion operations. Alternative materials or methods of noise abatement may be used, such as electric power for drilling, provided such alternative is approved by the planning commission. The planning commission may approve any such alternative if they find that the proposed material and/or method have equal soundproofing properties and fire resistive qualities to being enclosed as stated above. Any alternative may require the submission of evidence by the permittee to substantiate any claims that may be made regarding the use of such alternatives. The planning commission may waive these soundproofing requirements if they find them unnecessary.

2. Any well which is to be drilled or redrilled, and which is within five hundred one feet to one thousand feet of any occupied building, shall be enclosed by a plywood fence with fire resistive sound insulating material on the interior of the fence. The fence shall specifically enclose all generators and the drill rig itself, to a height of twenty feet from grade. Alternative materials or methods of noise abatement may be used, such as earthen berms, other sound insulating materials, or other methods proposed by applicant, or electric power for drilling, provided such alternative is approved by the planning commission. The commission may approve any such alternative if they find that the proposed material and/or method have equal soundproofing properties and fire resistive qualities to being enclosed as stated above. Any alternative may require the submission of evidence by the permittee to substantiate any claims that may be made regarding the use of such alternatives. The planning commission may waive these soundproofing requirements if they find them unnecessary.

L. Signs. All oil/gas facilities shall have a legible, permanent, prominently displayed and maintained metal sign no less than two square feet in area containing the following: name of the drilling contractor, name of the owner or operator, twenty-four hour emergency phone number, lease name and name and number of the well. If the operator changes, it will be the new operator’s responsibility to replace the sign within thirty days after the change.

M. Derricks. All derricks and masts shall be consistent with California Division of Industrial Safety and OSHA standards, be at least equivalent to the standards and specifications of the American Petroleum Institute (API), and meet the following standards:

1. All derricks or masts, standard or portable, used for drilling, redrilling, rework, production or servicing, within two hundred feet of a public right-of-way or building, shall have derrick crown(s) shrouded to prevent oil and water spraying into the air.

2. All derricks and masts hereafter erected for drilling, redrilling or rework shall be removed within thirty days after completion of the work unless otherwise ordered by the director of CalGEM.

N. Permittee shall immediately remove the derrick and all other structures not required in the event gas only be produced from the well and erect a suitable and sightly structure over the well of the most modern and approved design for the purpose, using only such space for the same as is necessary, and also shall fill all holes and excavations, save the well, and restore all surfaces to their original condition.

O. Storage Tanks/Production Equipment.

1. Unless otherwise permitted by the planning commission, the total capacity of oil storage facilities shall not exceed two thousand barrels per well, and no tank shall exceed one thousand barrels capacity. Tanks shall be constructed and maintained to be vapor tight.

2. Each oil, gas separator shall be equipped with both a regulation pressure-relief safety valve and a bursting head.

3. No storage tank shall be erected closer than fifty feet from any building, nor shall any building be erected within fifty feet of any storage tank. The city may permit this distance separation to be reduced for low occupancy industrial or warehouse buildings, subject to additional or special safety of fire systems requirements, which may be approved

and imposed by the fire district. These distance provisions shall not apply to any tank or related facility constructed prior to 1998.

4. All tanks and attached fixtures shall be constructed and maintained in accordance with American Petroleum Institute, OSHA, California Division of Industrial Safety, CalGEM, National Fire Protection Association (NFPA), and EPA standards.

5. Tanks shall rest directly on the ground or on foundations or supports of gravel, concrete, masonry, piling or steel. Tank foundations shall be elevated, level and larger in diameter than the tank itself. Exposed piling or steel tank supports shall be protected by fire resistive materials to provide a fire resistance rating of not less than two hours. Tank supports and connections shall be designed and installed to resist damage as a result of seismic activity.

6. No tank for storage of any flammable liquid shall be located closer than three feet to any other such tank.

7. New tanks used for storage of crude petroleum and other flammables shall be diked or provided with diversion walls and catchment basins, or combinations thereof, to meet the requirements of CalGEM and NFPA. The volumetric capacity of a diked area shall not be less than capacity necessary to hold the full volume of the largest tank below the height of the dike.

8. Dike walls shall be of concrete, solid masonry or earth designed and maintained to be liquid tight and to withstand a full hydrostatic head, except that all dikes in residential zones shall be solid masonry or poured in place concrete. Asphaltic surfacing shall be required on all earthen dikes. Surfacing shall be impervious and prevent leaching through pavement.

9. All tank piping, valves, fittings and connections including normal and emergency relief venting, shall be installed and maintained in accordance with current API standards.

10. All production equipment shall be kept painted in neutral, earthtone colors and maintained at all times.

17.680.005 Sound level measurement— General.

A. Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter as defined in Section 17.680.002 and shall conform to methods prescribed by ANSI or its successor. Calibration of the measurement equipment, utilizing an acoustic calibrator, shall be performed immediately prior to recording any noise data.

B. The location selected for measuring exterior noise levels shall be at a point within the property line of the receiver’s location. Where feasible the microphone shall be at a height of three to five feet above ground level and shall be at least ten feet from walls or similar reflecting surfaces.

C. A microphone windscreen shall be utilized for all outdoor measurements.

D. Where possible, sound level measurements shall be conducted during fair to dry weather conditions with average wind velocities of less than ten miles per hour. In all cases, weather information shall be documented during the sound survey interval. Items to report shall include but are not limited to wind velocity and direction, dry and wet bulb temperature (degree in Fahrenheit), and relative humidity (percent).

E. Although the use of sophisticated acoustical instrumentation for the measurement of equivalent sound level, Leq, (dBA) is available and its use is preferred; it is not essential for the purposes of this chapter. The equivalent sound level (Leq) of the noise source in question may be estimated using a hand held sound level meter by averaging at least twenty separate observations over a measurement interval that is representative of a typical one hour operation of the noise source. Depending on the character of the noise source, the measurement interval may vary from as little as a few minutes to as long as one hour.

F. “Slow” meter response is generally preferred. However, if the noise source changes level rapidly in a random fashion several times a minute, exceeding a ten dB dynamic range, then “fast” response shall be used. The noise control officer can make a determination of the appropriate meter, meter response, “fast” or “slow” to be used in those cases that are unclear.

17.680.006 Performance standards.

The following noise performance standards are applicable to all drilling or production operations within the city unless approved otherwise through the conditional use permit procedure. The noise levels caused by drilling, redrilling or production operations shall be monitored on a complaint basis or periodically at the discretion of the noise control officer of the city. The cost of such noise monitoring shall be borne by the operator conducting such drilling, redrilling or production operations.

A. Maximum Permissible Sound Levels by Receiving Land Use. No person shall operate or cause to be operated any oil drilling or production equipment at any location within the incorporated city which causes the noise level when measured on any other property, either incorporated or unincorporated, to exceed the noise level limits set forth for the receiving land use category in Tables 17.680.006(1) and 17.680.006(2).

Table 17.680.006(1)

EXTERIOR NOISE LIMITS FOR DRILLING OR REDRILLING OPERATIONS Receiving Lane Use Category Time Period
Equivalent Sound Level,
Leq, (dBA) for any hour
Residential 7:00 a.m.—10:00 p.m. 75
10:00 p.m.—7:00 a.m. 50
Agricultural, Commercial or Industrial 7:00 a.m.—10:00 p.m. 75 10:00 p.m.—7:00 a.m. 70

Table 17.680.006(2)

EXTERIOR NOISE LIMITS FOR PRODUCTION OPERATIONS
Receiving Lane Use Category Time Period
Equivalent Sound Level,
Leq, (dBA) for any hour
Residential 7:00 a.m.—10:00 p.m. 55
10:00 p.m.—7:00 a.m. 45
Agricultural, Commercial or Industrial 7:00 a.m.—10:00 p.m. 60 10:00 p.m.—7:00 a.m. 50
B. Noise Abatement Methods. The noise abatement method(s) in which the operator meets the noise level standards in Table(s) 17.680.006(1) or 17.680.006(2) shall be determined by the operator to allow the operator the flexibility of utilizing the most efficient and cost effective method(s) available to the operator.

1. If noise complaints are received by the city, or if noise levels exceed those permitted by this chapter, a noise violation notice shall be issued to the operator.

2. Upon receipt of notice, the operator shall submit for the approval of the community development department the procedures the operator will undertake to correct the violation. Corrective measures must be initiated within twenty-four hours of operator’s receipt of the notice. The city may require additional or follow-up noise field tests by an acoustical engineer to ensure compliance, in which case the operator shall pay the actual costs to the city for such tests.

3. Failure to comply shall be reason for the city to limit drilling, redrilling or other operations to daylight hours (seven a.m. to seven p.m.)

4. Nothing shall preclude the city from pursuing other administrative or legal remedies to obtain compliance.

C. Adjustment for Ambient Noise Level. In the event the ambient noise level exceeds those limits established in Tables 17.680.006(1) or 17.680.006(2), then the planning commission may adjust the “exterior noise limits” upward for the particular site in question to reflect said ambient level only after careful consideration of all pertinent data. However, in no case will the “exterior noise limits for production operation,” Table 17.680.006(2), be increased by more than ten dBA.

D. Correction for Character of Sound, Production Operations Only. In the event the alleged offensive noise, as judged by the noise control officer, contains a steady audible tone such as a whine, screech, or hum, the standard limits set forth in Table 17.680.006(2) shall be reduced by five dB.

E. Pulsating or intermittent noise activities such as hammering or rocking pipes, acceleration and deceleration of engines or motors, low speed compressors which fire intermittently and other such pulsating or intermittent noises shall be prohibited between the hours of ten p.m. to seven a.m. for all drilling operations and shall be prohibited at all times for all production operations if such noise creates a nuisance within any residential, commercial or industrial area.

F. Light or Glare. It is unlawful for any person to operate, or cause to be operated any oil production equipment on any well, or incidental to a well, within the incorporated limits of the city in any manner to direct any light or glare such that it negatively impacts any adjoining residential or commercial land uses. Furthermore, such light or glare must be directed away from any public street such that it will not create a traffic hazard.

G. Waste Discharge. At no time shall any waste matter be discharged into the public sewer, storm drain, or irrigation systems, any stream or creek, or into the ground, except in accordance with the regulations or requirements of all applicable local, state or federal agencies.

H. Vibration. Any ground vibration generated by any oil or gas drilling or production operation which is discernible at any developed property shall be prohibited. Vibration dampening equipment of the best available technology shall be installed as required by the city to reduce vibration to a minimum. No drilling shall be commenced until the building official has approved the vibration dampening equipment installation, and drilling shall be discontinued at any time the building official determines that the vibration dampening equipment is not functioning as intended, such that vibrations are discernible from developed properties.

I. Fire, Safety and Explosion. All uses shall provide adequate safety devices against fire, explosion and other hazards and adequate firefighting and fire suppression equipment in compliance with applicable fire prevention codes.

J. Air Pollution. All uses shall comply with regulations of the San Francisco Bay Area Air Pollution Control District.

K. Flaring Wells. The flaring of wells shall be limited to daylight hours only.

L. Heavy Equipment. Transport of heavy equipment or large trucks to and from the production site shall be limited to the hours of seven a.m. to ten p.m.

17.680.007 Consolidation of drilling sites.

A. At all times when practical and reasonable, new drill sites shall be developed at an existing established drill site in order to free more land for other uses and reduce the interface between oil or gas activities and other land uses, thereby making the potentially adverse impacts from such operations easier to mitigate; and provide for the opportunity to establish greater buffers and separation between oil or gas facilities and other uses.

B. Whenever a new drilling site is proposed, the proponent shall analyze, in conjunction with the city and CalGEM, all gas or oil zones and the typical reach of directionally drilled wells in order to establish a site where all or most of the resource can be removed from one drilling site.

17.680.008 Noise control officer designated.

The noise control officer shall be the community development director or a person designated by the community development director of the city. The noise control officer is authorized to enter property for investigating complaints of noise or for normal periodic checks of noise levels at drilling or production sites.

17.680.009 Nonconforming drilling or production sites.

Drilling or production sites legally established within the unincorporated area and subsequently annexed to the city of Brentwood may continue without complying with the requirements of this chapter provided the site or operations on the site do not create a public nuisance as defined within this chapter. Whenever an existing drilling or production site that has not complied with these regulations is reworked, meaning that the intensity of the use on the site is increased or the size of the operation is enlarged, it shall then comply with these regulations. A nonconforming use that is changed to, or replaced by, a conforming use shall result in termination and subsequent abandonment of the nonconforming use.

17.680.010 Nuisance.

No person shall conduct any oil or gas operation in a manner that would create any noise, odor, or vibration detrimental to the health, safety, or welfare of the surrounding area or any reasonable number of persons. Such manner of operation is declared a public nuisance and when determined by the city that a drilling site or operation constitutes a public nuisance, the city shall take all actions necessary and available to abate such nuisance.

17.680.011 Spills.

In the event of any leak or spill of any pollution or deleterious substance, whatever the cause thereof, the permittee shall notify the community development department. If, in the judgment of the city, such leak or spill represents a potential environmental hazard, the city may issue whatever corrective orders deemed appropriate, and may require the appropriate testing of the surface and subsurface for pollutant incursion, the cost of such tests to be borne by the permittee.

17.680.012 Building permits.

Building permits shall be secured for all permanent structures in conformance with the Uniform Building Code. Electrical permits shall be required for all electrical connections for drilling/redrilling and/or pumping units if electrical motors are utilized.

17.680.013 Insurance.

No operations shall commence until the applicant files with the city insurance certificates as follows:

Permittee shall carry a policy of standard comprehensive general public liability insurance for the drilling period, including coverages for: sudden and accidental pollution including the cost of environmental restoration, underground resources coverage and completed operations. The policy shall insure the city against all costs, charges and expenses incurred by it for cleanup of sudden and accidental pollution. The insurance shall name the city as an additional insured for third party liabilities arising from any oil/gas drilling operations insured under the certificate during the period of coverage. Insurance shall include contractual liability covering bodily injuries and property damage, naming the permittee and the city of Brentwood, in the amount of five million dollars per occurrence. The deductible must be no greater than ten thousand dollars. The policy shall provide for a thirty day cancellation notice to the city in the event the policy will be terminated for any reason except nonpayment of premium in which case the notice period shall be ten days.

17.680.014 Indemnification.

The operator shall indemnify, defend and hold the city, and their elected officials, officers, agents and employees free and harmless from all actions, suits, claims, demands, liability, costs, and expense, including prosecution claimed or established against them, or any of them, for damage or injuries to persons or property of whatsoever nature, arising out of or in connection therewith the acts or omissions of operator, its servants, agents, or employees, or to which operator’s negligence shall in any way contribute, or arising out of the operator’s failure to comply with the provisions of any federal, state or local statute, ordinance or regulation applicable to the operator.

17.680.015 Sale of wellsite.

Whenever a well is to be sold, the permittee shall notify the community development department in writing a minimum of thirty days prior to the effective date of sale.

17.680.016 Right of entry.

Any officer or employee of the city whose duties require the inspection of the premises shall have the right and privilege, at all reasonable times, to enter upon any premises upon or from which any operations being conducted for which any permit has been issued or is required, for the purpose of making any inspections. No owner, occupant, or any other person having charge, care, or control of any premises shall fail or neglect to permit entry.

17.680.017 Notices.

Every operator of any well shall designate an agent, who must be a resident of the state during all times they serve as agent, upon whom all orders and notices may be served in person or by mail.

Every operator shall, within five days, notify the community development department in writing of any change in such agent or mailing address. The operator shall submit to the community development department a copy of the CalGEM report of property/well transfer/acquisition within thirty days after sale, assignment, transfer, conveyance or exchange of any oil/gas facilities.

17.680.018 Violations; enforcement.

A. Any violation of this chapter is hereby declared to be a public nuisance, and the city attorney may immediately commence an action and proceedings for the abatement, removal, and enjoinment thereof in any manner provided by law, including applying to any court having jurisdiction to grant such relief as may be necessary to restrain and enjoin any person from committing such violation.

B. Violations of this chapter are declared to constitute a misdemeanor.

17.680.019 Stop orders.

If any operator is violating any of the provisions of this chapter that affect public health and safety, the city may issue a stop work order for immediate cessation of operations. The operator shall immediately comply with the order and shall not resume operations until written consent from the city has been obtained, or unless ordered by CalGEM due to special or emergency circumstances.

17.680.020 Revocation of permit.

Any permit issued pursuant to the provisions of this chapter may be revoked by the planning commission, or on appeal by the city council, upon a finding:

A. That permittee has failed, neglected, or refused to comply with and abide by any of the conditions of their permit; or
B. That permittee has failed, neglected, or refused to comply with and abide by, or has in any way violated any of the provisions of this chapter, any other ordinance of the city, or any other law, rule or regulation, either directly or indirectly, by reason of, in connection with, or incident to his or her operations under the permit or upon the premises covered by such permit; or C. If any of permittee’s operations, or the continuance thereof, upon the premises covered by their permit are or are likely to become a menace or hazard to business, to any public property, to any interest of the city, or to the lives or safety of persons; or D. If permittee shall have made any willful misrepresentation of fact in any application for such permit or in any report or record required by this chapter to be filed with or furnished to the city by permittee.