City Council - October 24, 2023
A.
CALL TO ORDER & ROLL CALL
B.
PLEDGE OF ALLEGIANCE
C.
PUBLIC COMMENTS
Pursuant to Council/Administrative Policy, Meeting Rules and Procedures section 5.2 (Decorum Generally – Public), comments by members of the public are generally limited to five minutes, or less time if a large number of speakers is anticipated, or if approved by the Mayor. Speakers desiring answers to questions should direct them to the Council/Successor Agency and, if relevant, they may direct them to the appropriate staff member. Speakers can also follow up directly with staff during regular City business hours.
Please file a speaker’s card with the City Clerk on the form provided on the counter at the back of the Chambers.
During this portion of the meeting those present in the Council Chambers are permitted to speak on items that are listed under Presentations; Informational Reports; Consent Calendar; Requests for Future Agenda Items- New Items; or items not on the agenda during this portion of the meeting. Public comments for scheduled agenda items should wait until that time.
Zoom participation during this general public comment period will not be accepted.
D.
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.
E.
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.
E.1
Minutes of the City Council/Successor Agency meeting of October 10, 2023
1. Post-Meeting Minutes - CCM_Oct10_2023 - English.pdf
E.2
A Proclamation Proclaiming November 12th to November 18th 2023, United Against Hate Day
1. United Against Hate Week.pdf
2. BRENTWOOD.pdf
3. BRENTWOOD n espaniol.pdf
E.3
A Proclamation Proclaiming November 11, 2023, as Veterans Day
1. Veterans Day 2023.pdf
E.4
A Proclamation Proclaiming November 2023, as Pancreatic Cancer Awareness Month
1. Pancreatic Cancer Awareness Month.pdf
E.5
A Proclamation Proclaiming November 2023, as Native American Heritage Month
1. Navite American Heritage Month.pdf
E.6
A Proclamation Proclaiming November 2023 as American Diabetes Awareness Month
1. American Diabetes Awareness Month.pdf
E.7
A Proclamation Proclaiming November 1, 2023, as Shelter in Place Awareness Day
1. CAER Shelter-in-Place 2023.pdf
E.8
A Proclamation Proclaiming November 8, 2023, as National Town Planning Day
1. National Planners Day.pdf
E.9
A Proclamation Proclaiming November 10, 2023, as International Accounting Day
1. International Accounting Day.docx.pdf
E.10
Amendment to the Community Development Block Grant Program, HOME Investment Partnership Program, and Emergency Solutions Grant Program Cooperation Agreement.
1. CDBG Program Amendment - Community Development-2023-32.pdf
2. ATTACHMENT 1.pdf
3. RESOLUTION NO.pdf
4. Resolution No. 93-49.pdf
5. CDBG Amendment.pdf
6. Department of Conservation and Development Letter.pdf Title/Recommendation
A resolution approving and authorizing the City Manager or designee to sign an Amendment to the Community Development Block Grant Program, HOME Investment Partnership Program, and Emergency Solutions Grant Program Cooperation Agreement to extend the agreement and provisions related to the Affirmatively Furthering Fair Housing Final Rule; and any other such documents necessary for the implementation of the agreement.
E.11
Authorize submittal of CalRecycle Local Assistance Grant Program applications.
1. CalRecycle Local Assistance Grant Program Applications - Public Works-2023-15.pdf
2. Previous Action.pdf
3. Resolution.pdf
Title/Recommendation
Staff recommends the City Council adopt a Resolution authorizing the submittal of application(s) for CalRecycle Local Assistance grants for which the City of Brentwood is eligible.
E.12
Second Readings of Amendments to the Brentwood Municipal Code in response to SB 1186 (Weiner) – Medicinal Cannabis Patients’ Rights Access Act
1. Amendments to the Brentwood Municipal Code in Response to SB 1186 - City Manager-2023-59.pdf
2. Attachment 1 - Previous Action(6).pdf
3. Attachment 2 - Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act.pdf
4. Attachment 3 - Ordinance 1062.pdf
5. Attachment 4 - Ordinance 1063.pdf
Title/Recommendation
Waive second reading of and adopt ordinances to 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 by adopting 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).
E.13
Side Letter between the City of Brentwood and the Brentwood Police Officers’ Association
1. BPOA Side Letter - Other Pay and Educational Pay - Human Resources-2023-04.pdf
2. Attachment 1 - Previous Action BPOA Side Letter.pdf
3. Resolution for BPOA Side Letter - Other Pay and Educational Pay.pdf
4. DRAFT BPOA Side Letter Clean Copy.pdf
5. DRAFT BPOA Side Letter Track Changes.pdf
Title/Recommendation
Adopt a Resolution Approving and Authorizing the City Manager to execute a Side Letter between the City of Brentwood and the Brentwood Police Officers’ Association to ensure compliance with CalPERS rules and best practices; and Authorizing the Implementation of the Side Letter’s Terms and Conditions.
E.14
An Ordinance Amending the City Council Signature Policy
1. Amend Signature Policy - City Attorney-2023-02.pdf
2. Ordinance.pdf
3. Government Code section 40602.pdf
4. Signature Authority Policy (10-13).pdf
Title/Recommendation
That the City Council introduce and waive the first reading of an ordinance to amend the City Council Signature Authority Policy (10-13) to revise the signature authority of the City Attorney for legal service and personnel investigative service agreements from $50,000 to $75,000.
As the proposed change to the Policy will not cause either a direct physical change in the environment, or a reasonable foreseeable indirect physical change in the environment, it is not a “project” subject to review under the California Environmental Quality Act (CEQA) and thus no environmental review is necessary.
F.
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. Public comment on each of the following items is limited to what is described in the specific agenda item.
F.1
Call for Review of the Planning Commission’s decision to approve applications for a Vesting Tentative Subdivision Map and a Design Review with associated Mitigated Negative Declaration for the Hanson Lane single-family residential project.
1. Hanson - Call for Review - Community Development-2023-33.pdf
2. Attachment 1 - Previous Action(9).pdf
3. Attachment 2 - CC Resolution 23-XXX MND.pdf
4. Attachment 3 - CC Resolution 23-XXX VTSM 9547.pdf
5. Attachment 4 - CC Resolution 23-XXX DR21-006.pdf
6. Attachment 5 - Hanson Lane Revised CC Exhibits.pdf
7. Attachment 6 - Hanson Lane Project Plans.pdf
8. Attachment 7 - Hanson Lane Project Description.pdf
9. Attachment 8 - Public Comment.pdf
10. Attachment 9 - Planning Commission Agenda Report.pdf
11. Attachment 10 - Planning Commission Resolutions.pdf
12. Attachment 11 - BMC 17.725.pdf
Title/Recommendation
Staff recommends that the City Council adopt resolutions affirming the Planning Commission approvals, thereby approving a Mitigated Negative Declaration (IS/MND), a Vesting Tentative Subdivision Map (VTSM 9547) to create 94 single-family residential lots, open space area, an emergency vehicle access (EVA), new internal roadway system, and other related improvements, and a Design Review (DR 21-006) for the 94 single-family homes to be constructed. The project qualifies for a density bonus pursuant to State law, but is not seeking to develop above the density allowed by the General Plan. Rather, the applicant seeks concessions and waivers from certain City standards, as allowed by the State density bonus law. The project is located at 251 Hanson Lane (APN 018-230-034).
The City prepared an IS/MND for this project in accordance with the requirements of the California Environmental Quality Act (CEQA, codified at Public Resources Code §§-21000, et seq., and as further governed by the State CEQA guidelines, found at 14 CCR §§ 1500, et seq.). All Mitigation Measures not addressed by the standard conditions of approval are included as conditions of approval where appropriate.
G.
BUSINESS ITEMS
Persons addressing the City Council using Zoom are asked to raise their hands using the Zoom feature. Those attending in person and wishing to address the Council may do so from the podium. The Council may adopt reasonable regulations at the onset of each business item to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the item shall follow the protocol for Public Comments. Public comment on each of the following items is limited to what is described in the specific agenda item.
G.1
Establishing the Intern classification, job description, and salary range
1. Intern New Classification - Human Resources-2023-05.pdf
2. Attachment 1 - Previous Action Internship.pdf
3. Intern Resolution .pdf
4. Internship Guidelines FINAL.pdf
5. Exhibit A - Intern Job Description.pdf
Title/Recommendation
The proposed action will establish the Intern classification, job description, and salary range; and authorize the City Manager with administrative authority to implement the Intern Classification. This will allow staff to move forward with the recruitment and onboarding process for the City’s Internship Program.
G.2
Planning Commission Request to Amend Rules and Procedures Regarding Public Comments of Items on the Agenda
1. Planning Commission Future Agenda to Amend Rules and Procedures - City Manager-2023-58.pdf
2. 110-1 City Council Meeting Rules and Procedures_Updated 10102023.pdf Title/Recommendation
Staff does not recommend the City spend staff time and resources to amend the City’s Meeting Rules and Procedures (Council Administrative Policy No. 110-1) as requested by the Planning Commission.
H.
REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUESTS
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.
REQUESTED FUTURE AGENDA ITEM(S)
The October 24, 2023 Strategic Plan special meeting workshop (starting at 5:30 p.m.) may also include discussion of the following items, but any action on these items will occur during this portion of the regular agenda.
I.1
Consider a Request from Council Member Pierson regarding a review of Brentwood Municipal Code sections that are no longer enforceable
1. Continued Requested Item Pierson Review of BMC Sections that are not enforceable .pdf
2. Attachment 1 - Previous Action(8).pdf
Title/Recommendation
That the City Council consider and discuss the request from Council Member Pierson regarding a review of Municipal Code section 2.45.020 regarding the powers and duties of the Park and Recreation Commission, and any sections of the Municipal Code that are no longer enforceable.
I.2
Consider a Request from Council Member Pierson for the Creation of an Anti-racism and Anti-hate Crime Policy
1. Continued Requested Item Pierson Creation of an Anti-racism and Anti-hate Crime Policy.pdf
2. Attachment 1 - Previous Action.pdf
Title/Recommendation
That the City Council consider and discuss the request from Council Member Pierson regarding the creation of an Anti-racism and Anti-hate Crime Policy.
I.3
Consider a Request from Council Member Pierson for the Creation of a Citywide Racial Equity Plan.
1. Continued Requested Item Pierson Creation of a Citywide Racial Equity Plan - City Manager-2023-63.pdf
2. Attachment 1 - Previous Action(2).pdf
Title/Recommendation
That the City Council consider and discuss the request from Council Member Pierson regarding the creation of a citywide racial equity plan.
I.4
Consider a Request from Council Member Pierson for the Creation of a Race and Equity Commission
1. Continued Requested Item Pierson Creation of a Race and Equity Commission - City Manager-2023-64.pdf
2. Attachment 1 - Previous Action.pdf
Title/Recommendation
That the City Council consider and discuss the revised request from Council Member Pierson regarding the creation of a Race and Equity Commission to include the Council and members of the public.
I.5
Consider a Request from Vice Mayor Meyer regarding amending the process for Council presentations of proclamations
1. Continued Requested Item Meyer update process for Council presentations of proclamations.pdf
2. Attachment 1 - Previous Action(3).pdf
Title/Recommendation
That the City Council consider and discuss the request from Vice Mayor Meyer regarding amending the process for Council presentations of proclamations.
I.6
Consider a Request from Vice Mayor Meyer for the Creation of a Council Committee for Age Friendly Communities
1. Continued Requested Item Meyer Creation of a Committee for Age Friendly Communities.pdf
2. Attachment 1 - Previous Action(1).pdf
Title/Recommendation
That the City Council consider and discuss the request from Vice Mayor Meyer regarding the creation of a Council Committee for Age Friendly Communities.
I.7
Consider a Request from Council Member Mendoza to have Department Directors report to the City Council
1. Continued Requested Item Mendoza to have Department Directors report to the City Council -.pdf
2. Attachment 1 - Previous Action(4).pdf
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza regarding the pros and cons of having department directors report to the City Council and the process for implementing this change.
I.8
Consider a Request from Council Member Mendoza Establishing a Council Design Standards Committee
1. Continued Requested Item Mendoza Establishing a Council Design Standards Committee.pdf
2. Attachment 1 - Previous Action(7).pdf
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza establishing a Council Design Standards Committee.
I.9
Consider a Request from Council Member Mendoza establishing a Budget Review Committee
1. Continued Requested Item Mendoza establishing a Budget Review Committee - City Manager-2023-70.pdf
2. Attachment 1 - Previous Action(1).pdf
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza establishing a Budget Review Committee and the process for implementing the committee.
I.10
Consider a Request from Council Member Mendoza for an appraisal for the former Davis Camp property & Process Discussion about Rezoning the Site and Developing it, in Part, as a Park
1. Continued Requested Item Mendoza Davis Camp property Process Discussion about Rezoning.pdf
2. Attachment 1 - Previous Action(5).pdf
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza for an appraisals for the former Davis Camp property & process discussion about rezoning the site and developing it, in part, as a park.
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 19, 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