Agenda packet, second session — Brentwood City Council, October 24, 2023 (part 1 of 2)

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

October 24, 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. PUBLIC COMMENTS (IN PERSON)
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.

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.

Those present in the Council Chambers are is permitted to speak on items that are listed under Presentations; Informational Reports; Consent Calendar; Requests for Future Agenda Items; or items not on the agenda. Public comments for scheduled agenda items should wait until that time.

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.

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 E.2 A Proclamation Proclaiming November 12th to November 18th 2023, United Against Hate Day
E.3 A Proclamation Proclaiming November 11, 2023, as Veterans Day E.4 A Proclamation Proclaiming November 2023, as Pancreatic Cancer Awareness Month E.5 A Proclamation Proclaiming November 2023, as Native American Heritage Month E.6 A Proclamation Proclaiming November 2023 as American Diabetes Awareness Month E.7 A Proclamation Proclaiming November 1, 2023, as Shelter in Place Awareness Day E.8 A Proclamation Proclaiming November 8, 2023, as National Town Planning Day E.9 A Proclamation Proclaiming November 10, 2023, as International Accounting Day E.10 Amendment to the Community Development Block Grant Program, HOME Investment Partnership Program, and Emergency Solutions Grant Program Cooperation Agreement.

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.

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 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 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 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.

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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.

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.

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.

G.1 Establishing the Intern classification, job description, and salary range 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
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.

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I.1 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 Consider a Request from Council Member Pierson for the Creation of an Anti-racism 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.3 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.4 Consider a Request from Council Member Pierson for the Creation of a Race and Equity Commission
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
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
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
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
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
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.

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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
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

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1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
October 10, 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
Mayor Bryant reported there were no reportable actions.

D. PUBLIC COMMENTS
Council Member Pierson requested Item H.3 be heard and considered prior to Public Comments. With City Council consensus, Item H.3 was heard prior to Public Comments. See Item H.3 for related action.

Mayor Bryant opened Public Comments for members of the public present in the Council Chambers.

Karrie Reiser, Brentwood Chamber of Commerce President-Elect, provided information on upcoming Chamber events.

Dick DeRossett thanked City Manager Tim Ogden for his recent visit with the residents at Summerset I, provided comments related to water quality issues, and provided comments related to the height and distance from the sidewalk of the sound wall in his backyard.

Rod Flohr provided comments related to the Brown Act and listening to public commenters.

Ian Cohen thanked Police Chief Tim Herbert and the Police Department for meeting with him regarding his position on the Contra Costa County Juvenile Justice Commission as well as their efforts in protecting the community, and requested the City Council move Item G.2 ahead of Item G.1.

Carlos Adrian Hurtado spoke regarding his experience as a teacher and coach at Heritage High School.

Danny Dohrmann provided comments regarding City Council decorum.

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2 Braden Haena spoke in support of Council Member Pierson's comments on a previous item.

Mayor Bryant opened Public Comments on the Consent Calendar and Requests for Future Agenda Items, new items for Zoom participants.

Carolina Villaseca asked for clarification on what could be commented on and elected to speak later when general public comments are allowed.

There being no one else wishing to speak, Mayor Bryant closed Public Comments.

Mayor Bryant reopened Public Comments at the end of the meeting for Zoom participants who wished to speak on items not on the agenda.

Carolina Villaseca requested the equipment planned for installation at Veterans Park be reconsidered.

There being no one else wishing to speak, Mayor Bryant closed public comments.

E. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Council Member Oerlemans reported he attended the Tri Delta Transit Meeting, Farmers Market, the Brentwood Library's 5th Anniversary event and attended the Police Activities League (PAL) Board meeting.

Vice Mayor Meyer reported she attended the Brentwood Library's 5th Anniversary event, a panel discussion presented by the Los Medanos College's California Humanities Emerging Journalists Fellowship Program in Pittsburg, had a meeting with Rabbi Goldshmid of the Chabad of the Delta, announced a peaceful gathering of unity and community event on Sunday, October 15, 2023, 2:oo p.m. at City Park, attended the Mayors' Conference, attended the Community Kickoff event for Homes For Our Troops, the City's 75th Anniversary Gala, and thanked City staff and the East Contra Costa Historical Society for their efforts and contributions to the event.

Council Member Mendoza reported she met with Supervisor Diane Burgis, took calls with residents regarding the Veterans' Hall and Zoom public participation, had a call with Diane Burgis' Chief of Staff, and listened to a call with the California Public Utilities Commission (CPUC).

Council Member Pierson reported she has been working with the Brentwood Community Chest in collecting toys, worked with the PAL Board regarding the Tamale Fest that will be held on November 17, 2023, from 5:00 p.m. to 10:00 p.m., and received calls and emails from the public related to public comments of the previous City Council meeting of September 26, 2023.

Mayor Bryant had a meeting with the Police Chief regarding some resident concerns, attended the City's 75th Anniversary Gala, thanked City staff and the community for putting on and attending the event, attended the Mayors' Conference, the Brentwood Library's 5th Anniversary event, the Art Guild of

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3 the Delta 10 Year Anniversary Party, and attended the Tri Delta Transit Board meeting.

F. CONSENT CALENDAR
Vice Mayor Meyer pulled Item F.2 from the Consent Calendar.

City Council recessed from 9:13 p.m. to 9:28 p.m.

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted the Consent Calendar as recommended by staff, excluding Item F.2 and including the amendments to item F.1.

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 26, 2023
F.2 A Proclamation reaffirming Diversity, Equity, Inclusion, and Belonging in Brentwood
Moved: Pa'tanisha Pierson, Council Member
Seconded: Susannah Meyer, Vice Mayor
Adopted a Proclamation Reaffirming Diversity, Equity, Inclusion, and Belonging in Brentwood
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.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 Adopted Resolution 2023-123 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.

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4 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
Appointed 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 twoyear term.

G. PUBLIC HEARINGS
G.1 Amendments to the Brentwood Municipal Code in response to SB 1186 (Weiner) – Medicinal Cannabis Patients’ Rights Access Act Abraham Salinas, Senior Analyst, presented the item.

Mayor Bryant opened the Public Hearing.

Rod Flohr provided comments in favor of the item.

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
Moved by: Susannah Meyer, Vice Mayor
Seconded by: Tony Oerlemans, Council Member
Introduced and waived first reading of Ordinance 1062, 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
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: Susannah Meyer, Vice Mayor
Seconded by: Tony Oerlemans, Council Member
Introduced and waived first reading of Ordinance 1063 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)

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5 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 Informational update on an Ordinance amending provisions of the Brentwood Municipal Code related to oil and gas development Alexis Morris, Director of Community Development, presented the update.

Mayor Bryant opened the Public Hearing.

The following speakers provided comments in support of the item:

Rod Flohr
Rohan Tyagi
Alison Chiu
Carolina Villaseca
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
H. BUSINESS ITEMS
H.1 Contra Costa County Animal Services code amendments related to animals being kept outdoors during extreme weather
Tim Ogden, City Manager, presented the item.

Beth Ward, Director of Contra Costa County Animal Services and Jane De May Andreotti, Captain of Field Services spoke to current services offered and to the process of updating the Animal Ordinance.

Mayor Bryant opened the public comment period.

Celeste Smith spoke in favor of the item.

Rod Flohr spoke in favor of the item.

Carolina Villaseca spoke in favor of the item.

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

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

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6 As detailed in the staff to provide the following suggestions to Contra Costa County for code amendments:
• Tethering limits;
• Requiring access to cool water and food;
• requiring access to ground other than concrete or asphalt; • Limiting outdoor exposure in extreme heat or cold;
• County enforcement of county codes;
• Add neglect to the definition of Animal Cruelty;
• Adding Penal Code Section 597 definition related to animal cruelty and add a definition about purposeful cruelty or neglect.

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.2 Inclusive and Adaptive Recreation Strategic Initiative Focus 5 Update Thien Nguyen, Recreation Manager, presented the item.

Mayor Bryant opened the public comment period.

Rod Flohr spoke in favor of the Inclusive and Adaptive Recreation Strategic Initiative.

Carolina Villaseca provided comments related to the playground equipment approved for Veterans Park.

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

Moved by: Susannah Meyer, Vice Mayor
Seconded by: Pa'tanisha Pierson, Council Member
As detailed in the staff report, provide the following direction to staff on the adaptive recreation program:
• Include the statement or revise as needed:

The City of Brentwood Adaptive Recreation program provides opportunities for youth and adults of all ages and abilities. We offer a wide variety of programs that promote socialization, skill development and physical activity. Staff provides advocacy and inclusion support for individuals with diverse abilities to participate in other recreational activities that the City of Brentwood has to offer.
• Share this statement with the Park and Recreation
Commission to encourage consideration of the adapted
programming lens when they’re making decisions.
• Investigate use of Tri MyRide Transit programming.

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7 • Ensure programming that's offered to seniors at the community center is considered for people that are more active so they have easier access to parking.
• Assess the one acre open space parcel near Pioneer
Elementary as a potential All Adaptive Park.
• Add definitions of Adaptive, Inclusive Recreation, recreation therapy, and therapeutic recreation to municipal code section

7.0.020.
• Add links to the City’s website pages for youth resources and adaptive resources. California Children's Services at DHCS.gov; Contra Costa County Senior Legal Services; Contra Costa County Bar Association; Contracosta health.org/seniors, to be included in both locations on the website.
• Examine the accessibility at Veterans Park including an accessible ramp to get to the play structure area.
• Provide cost benefit analysis between hiring someone inhouse versus hiring an outside company to provide inclusive and adaptive programming, in conversations with BUSD on best practices.
• Ensure there are inclusive resources that are not only limited to young children, but for all age groups.

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.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
Darin Gale, Assistant City Manager, presented the item.

Mayor Bryant opened the public comment period.

Danny Dohrmann spoke in opposition of removing remote
participation.

Antonio Xavier spoke in opposition of removing remote participation.

Rod Flohr spoke in opposition of removing remote participation.

Dr. Anita Roberts provided comments in support of taking appropriate actions to protect the City and its residents.

Carolina Villaseca provided comments in support of taking appropriate actions to protect the City and its residents.

Alison Chiu spoke in opposition of removing remote participation.

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8 Braden Haena provided comments both for and against amending the City Council Meeting Rules and Procedures Policy.

Ian Cohen spoke in opposition of removing remote participation.

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

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted Resolution 2023-122 approving amendments to sections 3.2 and 5.2 of the City’s Meeting Rules and Procedures (Policy 110-1) and provided direction to staff to:
 Provide opportunity for virtual public comments for agendized items only
 Verbal public comments on items not on the agenda will be taken in person only.
 For the meeting of October 10, 2023 only, to provide
opportunity for virtual public comments on items not on the agenda at the end of the meeting.

Darin Gale, Assistant City Manager, presented Item H.4.

Council Member Pierson presented Item I.2.a.

Rod Flohr provided comments related to the Council Ethics and Conduct policy and public comments.

Danny Dohrmann provided comments related to providing a more clear and understandable policy.

Carolina Villaseca provided comments related to adopting a clear, measurable, and applicable policy for all commissions.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
As detailed in the staff report, provide the following direction to staff on updates to the Ethics and Conduct Policy:

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9 • That the Ethics and Conduct policy be separated, one from the other one.
• That section 2 of the Ethics and Conduct policy be applied to our commissions as well for the Ethics portion.
• That we add to our Conduct Policy, once the two are
separated, in Subsection 3, the expectations of Council Members during Closed Session
• Add a cell phone policy about cell phone usage on the dais and in Closed Session.
• Both the Mayor and Council Members to ask clarifying
questions or responses with speakers during public comment. • Address the portion of section 3.6 of the policy that relates to reports of inappropriate behavior by Commission members to clarify any issues related to Brown Act that may be
encountered.

I.2 REQUESTED ITEM(S)
I.2.1 Consider a Request from Council Member Pierson for the Creation of an Ethics and Conduct Policy for City Commissions
Items H.4 and I.2.a were heard together.

See Item H.4 for action taken.

I.2.2 Consider a Request from Council Member Pierson for the Creation of a Race and Equity Committee
Continued to October 24, 2023
City Council consider and discuss the request from Council Member Pierson regarding the creation of a Race and Equity Committee of the Council.

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10 I.2.3 Consider a Request from Council Member Pierson for the Creation of a Citywide Racial Equity Plan
Continued to October 24, 2023
City Council consider and discuss the request from Council Member Pierson regarding the creation of a citywide racial equity plan.

I.2.4 Consider a Request from Council Member Pierson for the Creation of an Anti-racism and Anti-hate Crime Policy
Continued to October 24, 2023
City Council consider and discuss the request from Council Member Pierson regarding the creation of an Anti-racism and Anti-hate Crime Policy.

I.2.5 Consider a Request from Council Member Pierson regarding a review of Brentwood Municipal Code sections that are no longer enforceable
Continued to October 24, 2023
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.2.6 Consider a Request from Vice Mayor Meyer regarding an update to the process for Council presentations of proclamations
Continued to October 24, 2023
City Council consider and discuss the request from Vice Mayor Meyer regarding updates to the process for Council presentations of proclamations.

I.2.7 Consider a Request from Vice Mayor Meyer for the Creation of a Committee for Age Friendly Communities
Continued to October 24, 2023
City Council consider and discuss the request from Vice Mayor Meyer regarding the creation of a Council Committee for Age Friendly Communities.

I.2.8 Consider a Request from Council Member Mendoza to have Department Directors report to the City Council
Continued to October 24, 2023
City Council consider and discuss the request from Council Member Mendoza regarding the pros and cons of having department

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11 directors report to the City Council and the process for implementing this change.

I.2.9 Consider a Request from Council Member Mendoza Establishing a Council Design Standards Committee
Continued to October 24, 2023
City Council consider and discuss the request from Council Member Mendoza establishing a Council Design Standards Committee.

I.2.10 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 Continued to October 24, 2023
City Council consider and discuss the 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.

I.2.11 Consider a Request from Council Member Mendoza establishing a Budget Review Committee
Continued to October 24, 2023
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
It was moved/seconded by Meyer/ Pierson to adjourn at 12:29 a.m. in honor of those who have lost their lives in Israel. The motion carried with the following members in favor: Mendoza, Meyer, Pierson, Oerlemans, and Mayor Bryant.

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PROCLAMATION
WHEREAS, public and private schools and childcare centers throughout Contra Costa County will be participating in the Shelter-inPlace Drill on November 1, 2023; and WHEREAS, Contra Costa Community Awareness Emergency
Response Group- CAER- is sponsoring the 22nd Annual Shelter-in-Place Drill and assisting schools and childcare centers with their emergency preparedness; and
WHEREAS, emergency response agencies including fire, sheriff and health officials all recommend Shelter-in-Place as the immediate action to take in case of a hazardous release; and
WHEREAS, the Shelter-in-Place Drill increases public awareness about Shelter-in-Place as a protective action and gives students and teachers practice in implementing this important procedure; and
WHEREAS, the County Office of Education has endorsed the Shelterin-Place Drill and encouraged all sites to participate; and NOW, THEREFORE, BE IT PROCLAIMED that the City Council of the City of Brentwood does hereby recognize the importance of preparing for emergencies and encourages participation in the Contra Costa CAER Group's public education efforts. In support of the parents, teachers, students and staff that will be participating with hundreds of other schools and childcare centers in the Shelter-in-Place Drill, we proclaim November 1, 2023, as "SHELTER-IN-PLACE EDUCATION DAY."
Dated this 24th day of October, 2023

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CITY COUNCIL AGENDA ITEM NO. E.10
10/24/2023
SUBJECT: Amendment to the Community Development Block Grant Program, HOME Investment Partnership Program, and
Emergency Solutions Grant Program Cooperation Agreement DEPARTMENT: Community Development Department
STAFF: Alexis Morris, Community Development Director
Sylvia Elias, Senior Housing Analyst

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.

FISCAL IMPACT
There is no fiscal impact if the City approves the amendment requested by Contra Costa County. If the amendment is not approved, the City will lose its ability to receive future funding for qualifying projects. Qualifying projects and potential funding are not known at this time.

BACKGROUND
The primary purpose of the Community Development Block Grant (CDBG) Program is the development of viable urban communities by providing decent housing, a suitable living environment, and expanded economic opportunities for persons of very-low and low-income. The purpose of the HOME Investment Partnership (HOME) Program is to expand the supply of decent, safe, sanitary, and affordable housing for very-low and low-income families and households.

Since 1993, the City, along with most other cities in the county, has been a signatory to a Cooperation Agreement (the “Agreement”) with Contra Costa County to act as a cooperating municipality in the CDBG Program, HOME Program, and Emergency Solutions Grant Program. Along with extending the Agreement for federal fiscal years 2024-2026, changes in federal law require that the Agreement be amended to reflect

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CITY COUNCIL AGENDA ITEM NO. E.10
10/24/2023
new regulatory requirements that streamline the planning and application processes for various U.S. Department of Housing and Urban Development (HUD) grants, including CDBG and HOME. While the subject amendment reflects streamlined regulations, the remainder of the Agreement, as previously amended over the years, remains the same.

Specifically, HUD is requiring urban counties and participating municipalities such as Brentwood to amend their cooperation agreements by including reference to the Affirmatively Furthering Fair Housing Final Rule. A brief description of the provision is provided as follows.

Affirmatively Furthering Fair Housing Final Rule: HUD released a final rule to equip communities receiving HUD funding with the data and tools that will help them meet long-standing fair housing obligations in their use of HUD funds (the “Rule”). HUD will provide publicly open data for grantees to use to assess the state of fair housing within their communities and to set locally-determined priorities and goals. The Rule responds to recommendations of the Government Accountability Office and stakeholders for HUD to enhance its fair housing planning obligations by providing greater clarity and support to jurisdictions receiving HUD funding, and facilitating local decision making on fair housing priorities and goals.

The Rule adds stricter regulations for Contra Costa County (the “County”) to develop assessment plans, which includes setting goals and priorities in fair housing, discrimination, and other landlord/tenant issues. The amendment details the applicability of the Rule and describes the compliance requirements that the parties to the Agreement must follow.

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 4: Community Development, Goal 4: Provide a diversity of housing opportunities, including equitable distribution of affordable housing for all socioeconomic segments of the Brentwood community.

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

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CITY COUNCIL AGENDA ITEM NO. E.10
10/24/2023

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Actions

2. Resolution

3. Resolution No. 93-49

4. CDBG-HOME Amendment

5. Department of Conservation and Development Letter dated September 15, 2023

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ATTACHMENT 1
Previous actions related to this agenda item that were taken by the City Council are listed below. Resolution No. 93-49 is included as Attachment 2.  Visit www.brentwoodca.gov/meeting, 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.

In July 1993, by Resolution No. 93-49, the City entered into an Agreement with other cities and Contra Costa County (as the Urban County representative) to participate in the CDBG and HOME program. Pursuant to the terms of the Agreement, the costs for administering the programs are borne by the County, and requalification must occur every three year period for the City to receive CDBG and HOME funds.

Over the next 22 years, the parties to the Agreement continued to extend its terms, making various amendments as requested and required by the federal government.

In 2017, an amendment was signed by the City Manager to include a provision which insured CDBG funds were properly used and distributed to eligible activities under Title 1 Housing and Community Development Act of 1974.

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD, APPROVING AND AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO SIGN AN AMENDMENT TO THE
COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) PROGRAM,
THE HOME INVESTMENT PARTNERSHIP (“HOME) PROGRAM,

AND THE 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
WHEREAS, the primary purpose of the CDBG program is the development of viable urban communities by providing decent housing, a suitable living environment, and expanded economic opportunities for persons of very-low and low-income; and WHEREAS, the purpose of the HOME program is to expand the supply of decent, safe, sanitary, and affordable housing for very-low and low-income families and households; and
WHEREAS, in June 1993, Contra Costa County as the Urban County representative and the cities of Antioch, Concord, Pittsburg, and Walnut Creek joined together as a consortium for purposes of participating in the HOME program; and WHEREAS, the City of Brentwood joined the consortium under an approved Cooperation Agreement (the “Agreement”); and
WHEREAS, amendments to the Agreement to continue the City’s participation in the consortium, and to include any Federal Law updates, were approved by the City Council by previous action through Fiscal Year 2017; and WHEREAS, along with extending the Agreement for federal years 2024-2026, changes in federal law, require that the Agreement be amended to reflect new regulatory requirements that streamline the planning and application processes for various HUD grants, including CDBG, HOME, and Emergency Solutions Grant (“ESG”) program; and
WHEREAS, specifically, the U.S. Department of Housing and Urban Development (“HUD”) is requiring Urban Counties and participating municipalities such as Brentwood to amend their cooperation agreements by including reference to the Affirmatively Furthering Fair Housing Final Rule (the ”Rule”); and WHEREAS, HUD released the Rule to equipment communities receiving HUD funding with the data and tools that will help them meet long-standing fair housing obligations in their use of HUD funds; and

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WHEREAS, the Rule adds stricter regulations for the County to develop assessment plans, which includes setting goals and priorities in fair housing, discrimination, and other landlord/tenant issues; and
WHEREAS, the amendment details the applicability of the Rule and describes the compliance requirements that the parties to the Agreement must follow; and WHEREAS, there is now before the City Council the Amendment to the Agreement for its consideration.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood approves and authorizes the City Manager or designee to sign an amendment to the Agreement to extend the Agreement and provisions related to the Affirmatively Furthering Fair Housing Final Rule, as well as any other such documents necessary for the implementation of the Agreement.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 24th day of October, 2023 by the following vote:

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CITY COUNCIL AGENDA ITEM NO. E.11
10/24/2023
SUBJECT: Authorize submittal of CalRecycle Local Assistance Grant Program applications
DEPARTMENT: Public Works
STAFF: Casey Wichert, Director of Public Works
Jon Carlson, Solid Waste Manager

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.

FISCAL IMPACT
There is no fiscal impact associated with the adoption of this Resolution. Submitting a CalRecycle Local Assistance Grant Program (Program) funding application does not bind the City to any fiscal expenditures. If the City is awarded grant funding, the funds will offset project costs related to SB 1383 organic waste collection compliance.

For FY 22/23, the City’s estimated grant allocation is $125,130.

BACKGROUND
The Department of Resources Recycling and Recovery (CalRecycle) has been tasked with administering a grant program meant to provide aid in the implementation of regulations adopted by CalRecycle pursuant to Chapter 395, Statutes of 2016 (https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB1 383). This non-competitive Program will provide funding to local jurisdictions to assist with the implementation of regulation requirements associated with SB 1383 (https://calrecycle.ca.gov/organics/slcp/). Even though not required by City Policy, this grant requires a Council approved Resolution prior to submitting the application for the grant funding.

CalRecycle requires the applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants. As noted in the resolution:

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CITY COUNCIL AGENDA ITEM NO. E.11
10/24/2023
1) Authorizes the submittal of application(s) to CalRecycle for all Local Assistance grants for which the City of Brentwood is eligible; and 2) Empowers the City Manager, Public Works Director, or their designee(s) with the signature authority, to execute in the name of the City of Brentwood all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement approved Local Assistance grant projects; and 3) Finds that these authorizations are effective for five (5) years from the date of adoption of the resolution.

The City is working with Anaergia Services to finalize a contract for a project to collect and remove organic waste from garbage. There will be a significant upfront capital cost to construct and commission a facility. These upfront costs were included in the recently adopted five-year Solid Waste rate study. If awarded Program funding, it will assist with offsetting administrative, consulting, and permitting-related costs associated with the Anaergia project.

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 1, Goal 2.a - Water, Wastewater and Solid Waste Services: Provide safe and sustainable water, wastewater and solid waste services for the build-out of the City per the City’s General Plan. Combat climate change through organics management.

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

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

2. Resolution

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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 February 22, 2022, by Resolution No. 2022-25, the City Council adopted the City of Brentwood Strategic Plan FY 2022/23 – 2023/24 and directed staff to incorporate strategic plan costs into the Operating and CIP Budgets, as well as in the City’s tenyear General Fund Fiscal Model, which includes the Organics Management strategic initiative.

On November 8, 2022, by Resolution 2022-142, the City Council approved and authorized the City Manager or designee to execute a Memorandum of Understanding between the City of Brentwood and Anaergia Services, LLC (Anaergia) to investigate the feasibility of a project to develop a high diversion organics operating facility that would be used to comply with the City’s obligations related to the organic waste disposal requirements associated with SB 1383.

On January 24, 2023, by Resolution No. 2023-08, the City Council authorized the preparation and submittal of a Solid Waste Infrastructure for Recycling (SWIFR) grant funding application.

On April 11, 2023, by Resolution 2023-42, the City Council authorized the City Manager or designee to prepare and submit a CalRecycle Organics Grant Program Funding Application, and authorized the Mayor to sign a letter of support.

On June 13, 2023, by Resolution No. 2023-80, the City Council adopted the 2023/24 – 2027/28 Capital Improvement Program, which includes the Solid Waste Organics Diversion project, CIP Project No. 542-54021.

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RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD AUTHORIZING SUBMITTAL OF APPLICATION(S)

FOR CALRECYCLE LOCAL ASSISTANCE GRANTS FOR WHICH THE
CITY OF BRENTWOOD IS ELIGIBLE.

WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood
1) Authorizes the submittal of application(s) to CalRecycle for all Local Assistance grants for which the City of Brentwood is eligible; and 2) Empowers the City Manager, Public Works Director, or their designee(s) with the signature authority, to execute in the name of the City of Brentwood all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement approved Local Assistance grant projects; and 3) Finds that these authorizations are effective for five (5) years from the date of adoption of this resolution.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 24th day of October 2023 by the following vote:

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CITY COUNCIL AGENDA ITEM NO. E.12
10/24/2023
SUBJECT: Second Readings of 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
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.

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.

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CITY COUNCIL AGENDA ITEM NO. E.12
10/24/2023

THE MEDICINAL CANNABIS REGULATION AND SAFETY ACT AND CURRENT

CITY ORDINANCES
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.” (Former 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.

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CITY COUNCIL AGENDA ITEM NO. E.12
10/24/2023
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.

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 2). 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).

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CITY COUNCIL AGENDA ITEM NO. E.12
10/24/2023
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.

SEPTEMBER 19, 2023 PLANNING COMMISSION MEETING
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

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CITY COUNCIL AGENDA ITEM NO. E.12
10/24/2023
add the language underlined above). These revisions have been incorporated into and can be found in Attachments 3 and 4.

OCTOBER 10, 2023 CITY COUNCIL MEETING
On October 10, 2023, the City Council waived the first reading of and introduced these draft amendments without further revision.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

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. SB 1186

3. Ordinance 1062

4. Ordinance 1063

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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.

On October 10, 2023, the City Council introduced and waived the first reading of Ordinance No. 1062 and Ordinance No. 1063, repealing Chapter 17.780 (Marijuana Facilities and Cultivation) and Chapter 9.50 (Marijuana Facilities and Cultivation) of the Brentwood Municipal Code and replacing them in their entirety with new Chapter

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ORDINANCE NO. 1062

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

Page 53 of 317 ends

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

Page 54 of 317 ends

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, at its October 10, 2023 meeting, the City Council introduced and waived the first reading of the Ordinance; 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

Page 55 of 317 ends

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 adopted at a regular meeting of the Brentwood City Council on the 24th day of October, 2023 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

Page 56 of 317 ends

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.

Page 57 of 317 ends

“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;

Page 58 of 317 ends

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-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

Page 59 of 317 ends

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.

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.

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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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ORDINANCE NO. 1063

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

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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

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WHEREAS, at its October 10, 2023 meeting, the City Council introduced and waived the first reading of the Ordinance; 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 adopted at a regular meeting of the Brentwood City Council on the 24th day of October, 2023 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

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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.

9.50.020 Definitions.

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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;

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;

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

9.50.030 Medicinal cannabis facilities prohibited.

9.50.040 Cannabis cultivation prohibited.

9.50.050 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

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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.

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.

9.50.070 State and federal law prohibitions and restrictions.

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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.

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CITY COUNCIL AGENDA ITEM NO. E.13
10/24/2023
SUBJECT: Side Letter between the City of Brentwood and the Brentwood Police Officers’ Association.

DEPARTMENT: Human Resources
STAFF: Sukari Beshears, Director of Human Resources/Risk Manager

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.

FISCAL IMPACT
There are no fiscal impacts from the proposed action.

BACKGROUND
The City’s interest is to be fair and equitable to employees and to maintain competitive salaries and benefits. The City will also continue to chart a fiscally sustainable path into the future for its employees, and the citizens it serves, by maintaining reserves and avoiding increases to unfunded obligations.

The City Council approved a successor contract between the City of Brentwood and the Brentwood Police Officers’ Association (BPOA) for the period of July 1, 2021 through June 30, 2024. Any changes to the contract must be entered into pursuant to the Meyers-Milias-Brown Act (California Government Code Sections 3500-3510).

City representatives met with BPOA bargaining group representatives and the parties reached an agreement to clarify special compensation language in Section 15, Other Pay and Section 16, Educational Supplement (Pay) of the BPOA Memorandum of Understanding (MOU). The intent is to improve MOU language that is consistent with CalPERS rules and best practices. Staff recommends that Council approve the attached side letter to modify the current MOU to ensure compliance with CalPERS rules and best practices. Representatives of the City and BPOA jointly prepared the attached side letter.

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CITY COUNCIL AGENDA ITEM NO. E.13
10/24/2023
This staff report and the side letter have been reviewed and approved by both the City Attorney and outside legal counsel that specializes in employment law.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Exhibit A – BPOA Side Letter

4. BPOA Side Letter (red-line)

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On September 28, 2021, the City Council adopted Resolution 2021-125 approving and authorizing the execution of an MOU between the City of Brentwood and the a) Brentwood Police Officers’ Association and b) Brentwood Lieutenants’ Group for a period from July 1, 2021 through June 30, 2024.

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RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A SIDE

LETTER BETWEEN THE CITY OF BRENTWOOD AND THE BRENTWOOD
POLICE OFFICERS’ ASSOCIATION; AND AUTHORIZES THE
IMPLEMENTATION OF THE SIDE LETTER’S TERMS AND CONDITIONS WHEREAS, representatives from the City of Brentwood and the Brentwood Police Officers’ Association have met and conferred in good faith over terms and conditions of employment; and
WHEREAS, the City Council approved a successor contract between the City of Brentwood and the Brentwood Police Officers’ Association for the period of July 1, 2021 through June 30, 2024; and
WHEREAS, both parties reached an agreement through a Side Letter to clarify language in the above referenced contract to ensure the contract is consistent with CalPERS rules and best practices; and
WHEREAS, the Side Letter document attached as Exhibit A is entered into pursuant to the Meyers-Milias-Brown Act (California Government Code Sections 3500-3510), and has been jointly prepared by, and includes agreements between, the aforementioned entities.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve, and authorize the City Manager to execute, the Side Letter, which is attached as Exhibit A, and authorizes the terms and conditions therein to be implemented.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 24th day of October 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Joel Bryant
Mayor
ATTEST:
____________________________________
Margaret Wimberly, MMC
City Clerk

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BPOA Side Letter – Other Pay and Educational Pay 2023 1

SIDE LETTER

BETWEEN THE CITY OF BRENTWOOD
AND
THE BRENTWOOD POLICE OFFICERS’ ASSOCIATION
The City of Brentwood (“City”) and the Brentwood Police Officers’ Association (“BPOA”), having met and conferred, agree that the Memorandum of Understanding between the City and BPOA is amended as follows. The intent of this side letter is to clarify the existing understanding between the City and the BPOA that the pays listed herein are special compensation under Title 2 CCR Sections 571 and 571.1. The contents of this side letter do not represent a substantive change to previously existing understanding and practices:

SECTION XV OTHER PAY

15.01 TRAINING PREMIUM/FIELD TRAINING OFFICER PAY - Employees assigned by the Police Chief as Field Training Officer (FTO) shall receive an additional 5% of base salary rate + (if applicable) special assignment pay for each hour spent training a new officer.

No more than 26 weeks of training time will be allocated for each new officer. Additional pay for FTO training of reserve officers shall be for actual training hours up to a maximum of 480 hours for any one reserve officer.

The Parties agree that to the extent permitted by law, FTO pay is special compensation and shall be reported as such pursuant to the Title 2 CCR Sections 571(a)(4) and 571.1(b)(3).

15.02 BILINGUAL PREMIUM PAY - The City shall pay $25 per semi-monthly pay period, to individuals that are fluent in a foreign language or American Sign Language (ASL) and who are routinely and consistently assigned to positions requiring communication skills in languages other than English. The determination of the need of the community for employees fluent in a language shall be determined by the City Manager or designee. The determination of the employee's fluency shall be by a mutually agreed upon procedure.

The Parties agree that to the extent permitted by law, bilingual premium pay is special compensation and shall be reported as such pursuant to the Title 2 CCR Sections 571(a)(4) and 571.1(b)(3).

15.03 SPECIAL ASSIGNMENT PAY - Employees assigned to a specialized assignment shall receive an additional 5% of base salary rate during the period of assignment. The special assignments eligible for this pay are as follows:
 Canine Officer Pay. Paid to officers routinely and consistently assigned to handle, train, and board a canine.
 Detective Division Pay. Paid to officers routinely and consistently assigned to the Department’s Detective Division.
 Motorcycle Officer Pay. Paid to officers routinely and consistently assigned to operate and patrol on motorcycles.

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BPOA Side Letter – Other Pay and Educational Pay 2023 2  Police Administrative Officer (Professional Standards and Special Operations Sergeants) Pay. Paid to officers routinely and consistently assigned to provide support for the police chief and command staff in the operation of the Police Department.  Police Liaison Officer (Community Engagement) Pay. Paid to officers routinely and consistently assigned to function as a liaison between the community and the Police Department.
 Police Liaison Officer (School Resources) Pay. Paid to officers routinely and consistently assigned to function as a liaison local schools/students and the Police Department.

The Parties agree that to the extent permitted by law, special assignment pay is special compensation and shall be reported as such pursuant to the Title 2 CCR Sections 571(a)(4) and 571.1(b)(3).

15.04 SHIFT DIFFERENTIAL PAY
 A shift differential of three percent (3%) of base salary rate + (if applicable) special assignment pay has been established for all members of the bargaining unit regularly assigned to Patrol graveyard shift, one and one-half percent (1.5%) of base salary rate + (if applicable) special assignment pay while regularly assigned to Patrol swing shift.
 A shift differential of five percent (5%) of base salary rate has been established for relief sergeants regularly assigned to rotating shifts and other schedule adjustments required as a relief sergeant. See Section 7.06 for further explanation of the Relief Sergeant assignment.

For purposes of this section, “regularly assigned” is understood to mean the shift the member has been assigned through the annual shift selection process. In instances where the member did not participate in the annual shift selection, “regularly assigned” is understood to mean the shift, which the member is normally assigned after having been transferred to the Patrol division, or after completing the field training program.

The Parties agree that to the extent permitted by law, shift differential pay is special compensation and shall be reported as such pursuant to the Title 2 CCR Sections 571(a)(4) and 571.1(b)(3).

15.05 LONGEVITY INCENTIVE PAY - The City will pay each sworn peace officer an additional 4% of base salary rate + (if applicable) special assignment pay once the officer has reached one hundred twenty (120) months of service as a full-time sworn peace officer in the State of California. Once the required number of months has been reached, longevity incentive pay is ongoing and paid on a pay period basis. Only fulltime service as a peace officer defined in Chapter 4.5, Section 830 of the California Penal Code, and while employed with a city police agency, a county sheriff department, or the California Highway Patrol, will be counted towards determining the one hundred twenty (120) months of service. Comparable law enforcement experience out of state, in a state whose training qualifies an applicant for a Basic Course Waiver from California P.O.S.T., will be evaluated on a case-by-case basis and will be counted towards the one hundred twenty (120) months of service.

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BPOA Side Letter – Other Pay and Educational Pay 2023 3 The Parties agree that to the extent permitted by law, longevity incentive pay is special compensation and shall be reported as such pursuant to the Title 2 CCR Sections 571(a)(1) and 571.1(b)(1).

15.06 EXAMPLE - To clarify the above terms, this section will use the example of a sworn officer with a monthly base rate of $10,568.78 who is eligible for longevity pay (at 4% of base salary rate + special assignment pay) and canine officer special assignment pay (at 5% of base salary rate). On a monthly basis, this exemplar officer shall be paid $10,568.78 in salary, $528.44 in canine officer special assignment pay, and $443.89 in longevity pay. If the officer had no special assignment pay, the officer would be paid $10,568.78 in salary and $422.75 in longevity pay. In the latter example, the longevity pay is less because the 4% is only applied to salary and not salary + special assignment.

SECTION XVI EDUCATIONAL PAY

16.01 Possession of an AA Degree or P.O.S.T. Intermediate Certificate shall entitle a member of the bargaining unit to an additional two and one-half percent (2.5%) of base salary rate + (if applicable) special assignment pay.

Possession of a BS/BA Degree or P.O.S.T Advanced Certificate shall entitle a member of the bargaining unit to an additional five percent (5%) of base salary rate + (if applicable) special assignment pay.

Possession of a Master’s Degree shall entitle a member of the bargaining group to an additional seven and one-half percent (7.5%) of base salary rate + (if applicable) special assignment pay.

16.02 Educational pay shall be paid on an ongoing, pay period basis.

16.03 Qualifying courses and special instruction are to be pursued during the employee's offduty time. As the approved training will be outside the area of assignment, no employee shall be allowed to attend the training while on duty, and no overtime shall be accrued for any training pertaining to the approved hours. This will not restrict any employee to apply for time off when said time can be deducted from their accrued overtime hours, or for arranging to trade shifts with another employee, having another employee work their shift in order to attend classes. The time off and trading of shifts shall be at the discretion of the shift supervisor and by approval of the Department Head. Employees shall not be permitted to use City vehicles to attend courses to qualify for the educational supplement.

16.04 A bargaining unit member will be entitled to receive only one of the above levels of educational pay. Only educational degrees from accredited institutions of higher learning qualify for educational pay.

16.05 The Parties agree that to the extent permitted by law, educational incentive pay is special compensation and shall be reported as such pursuant to the Title 2 CCR Sections 571(a)(2) and 571.1(b)(2).

16.06 EXAMPLE - To clarify the above terms, this section will use the example of a sworn officer with a monthly base salary rate of $10,568.78 who possesses a P.O.S.T Advanced Certificate (at 5% of base salary rate + special assignment pay) and motorcycle officer special assignment pay (at 5% of base salary rate). On a monthly basis, this exemplar

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BPOA Side Letter – Other Pay and Educational Pay 2023 4 officer shall be paid $10,568.78 in salary, $528.44 in motorcycle officer special assignment pay, and $554.86 in educational pay. If the officer had no special assignment pay, the officer would be paid $10,568.78 in salary and $528.44 in educational pay. In the latter example, the educational pay is less because the 5% is only applied to salary and not salary + special assignment.

FOR THE BRENTWOOD POLICE OFFICERS’ FOR THE CITY OF BRENTWOOD

ASSOCIATION
_____________________________ _____________________________ Aaron Peachman, BPOA President Tim Ogden, City Manager
_____________________________
Eric Huesman, BPOA

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BPOA Side Letter – Other Pay and Educational Pay 2023 1

SIDE LETTER

SECTION XV OTHER PAY

15.01 TRAINING PREMIUM / FIELD TRAINING OFFICER PAY - Employees assigned by the Police Chief as Field Training Officer (FTO) shall receive an additional 5% of base salary rate + (if applicable) special assignment pay for each hour spent training a new officer.

The Parties agree that to the extent permitted by law, FTO pay is special compensation and shall be reported as such pursuant to the Title 2 CCR Sections 571(a)(4) and 571.1(b)(3).

The Parties agree that to the extent permitted by law, bilingual premium pay is special compensation and shall be reported as such pursuant to the Title 2 CCR Sections 571(a)(4) and 571.1(b)(3).

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The Parties agree that to the extent permitted by law, special assignment pay is special compensation and shall be reported as such pursuant to the Title 2 CCR Sections 571(a)(4) and 571.1(b)(3).

For purposes of this section, “regularly assigned” is understood to mean the shift the member has been assigned through the annual shift selection process. In instances where the member did not participate in the annual shift selection, “regularly assigned” is understood to mean the shift which the member is normally assigned after having been transferred to the Patrol division, or after completing the field training program.

The Parties agree that to the extent permitted by law, shift differential pay is special compensation and shall be reported as such pursuant to the Title 2 CCR Sections 571(a)(4) and 571.1(b)(3).

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SECTION XVI EDUCATIONAL PAY

Possession of a Master’s Degree shall entitle a member of the bargaining group to an additional seven and one-half percent (7.5%) of base salary rate + (if applicable) special assignment pay.

16.02 Educational pay shall be paid on an ongoing, pay period basis.

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FOR THE BRENTWOOD POLICE OFFICERS’ FOR THE CITY OF BRENTWOOD

ASSOCIATION
_____________________________ _____________________________ Aaron Peachman, BPOA President Tim Ogden, City Manager
_____________________________
Eric Huesman, BPOA

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CITY COUNCIL AGENDA ITEM NO. E.14
10/24/2023
SUBJECT: An Ordinance Amending the City Council Signature Policy DEPARTMENT: City Attorney’s Office
STAFF: Damien Brower, City Attorney

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.

FISCAL IMPACT
There is no fiscal impact associated with this action, as amounts for legal and personnel investigative services can only be expended if included in the adopted Operating Budget.

BACKGROUND
State law generally requires that the Mayor sign all written contracts and conveyances made or entered into by the City. However, the City Council may, by passage of an ordinance, provide that this authority be delegated to an officer other than the Mayor. (Government Code § 40602.) The purpose of the City’s Signature Authority Policy (“Policy”) is thus to allow specific City employees to enter into certain agreements, and to sign other documents on the City’s behalf without first taking them to the City Council for approval.

The Policy has been in place since at least 2006; most California cities have similar policies. Among other things, the Policy helps reduce the number of standard agreements that must be reviewed and approved by the City Council, allowing for greater operational efficiencies.

Since the adoption of the Policy in 2006, the City Attorney’s annual signature authority for individual legal services agreements that are not paid for by third party

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CITY COUNCIL AGENDA ITEM NO. E.14
10/24/2023
deposit accounts has been set at $50,000. This amount has mirrored the City Manager’s signature authority for general City agreements.

With increased inflation over the past several years, costs for most goods and services have increased throughout the State, and the rates for outside attorneys and personnel investigators have been no exception.

The proposed ordinance would amend the Policy to increase the City Attorney’s annual signature authority for legal service and personnel investigator agreements from $50,000 to $75,000 per agreement. The signature authority for other City Attorney’s Office agreements would remain at $50,000. If approved, this would be the first increase for these types of agreements in 17 years.

Specifically, the proposed amendment would revise the first paragraph of Section 4.1 of the Policy as follows:

4.1 General. For purposes related to legal services and the activities and functions of the City Attorney’s Office, the City Attorney is granted the same authority as the City Manager as set forth in section 3.1.1, up to $50,000; and for legal services and personnel investigative services, up to $75,000.

There are no other proposed revisions to the Policy.

A copy of the current Policy is attached to this report for the City Council’s reference.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council are listed as recitals in the attached Ordinance (Attachment 1).

To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as may be 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.

ENVIRONMENTAL DETERMINATION
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

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CITY COUNCIL AGENDA ITEM NO. E.14
10/24/2023
environment, it is not a “project” subject to review under the California Environmental Quality Act (CEQA) and thus no environmental review is necessary.

ATTACHMENT(S)

1. Ordinance

2. Government Code section 40602

3. Signature Authority Policy (10-13)

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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD AMENDING THE FIRST PARAGRAPH OF SECTION

4.1 OF CITY COUNCIL/ADMINISTRATIVE POLICY NO. 10-13,
SIGNATURE AUTHORITY, RELATED TO THE CITY ATTORNEY’S

SIGNATURE AUTHORITY FOR LEGAL SERVICE AND PERSONNEL

INVESTIGATIVE SERVICE AGREEMENTS
WHEREAS, on July 27, 1993, the City Council approved Resolution No. 93-96 authorizing the City Manager to perform functions of the City Council relating to claims against the City; and
WHEREAS, on October 14, 2003, the City Council approved Resolution No. 2997 authorizing the City Manager or City Engineer to accept on the City’s behalf all interests in real property; and
WHEREAS, on February 8, 2005, the City Council approved Resolution No. 2005-28 authorizing the City Manager to sign tenant contracts and amendments for the Brentwood Education and Technology Center; and
WHEREAS, on March 28, 2006, the City Council approved Resolution No. 2006-61 delegating authority to the City Manager to make determinations of industrial disability pursuant to Government Code 21173; and WHEREAS, on June 13, 2006, the City Council approved Resolution No. 2006- 134 authorizing the City Manager to execute License Agreements as necessary for Landscape Maintenance of City right of way by private non-residential property owners upon acceptance of public improvements; and
WHEREAS, on August 8, 2006, the City Council approved Resolution No. 2006-187 authorizing the City Manager or designee to direct the City Clerk to file notices of completion for projects up to $50,000 and not awarded by City Council, per the City’s Purchasing Policy; and
WHEREAS, on November 14, 2006, the City Council approved Resolution No. 2006-78 adopting City Council/Administrative Policy No. 10-13, Signature Authority and Repealing Resolutions 93-96, 2997, 2005-28, 2006-61, 2006-134, 2006-187; and
WHEREAS, on April 14, 2009, the City Council approved Resolution 2009-74 amending Section 2.2.4, Settlements and Claims, of City Council/Administrative Policy No. 10-13, Signature Authority, related to the settlement of claims and litigation filed by the City; and
WHEREAS, on July 28, 2009, the City Council introduced and waived the first reading of an Ordinance amending City Council/Administrative Policy No. 10-13,

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Signature Authority, related to signature authority for credit applications, Department of Motor Vehicle paperwork, and grant applications; and WHEREAS, on August 11, 2009, the City Council approved and adopted Ordinance 875 Amending City Council/Administrative Policy No. 10-13, Signature Authority, related to signature authority for credit applications, Department of Motor Vehicle paperwork, and grant applications; and
WHEREAS, on January 25, 2011, the City Council introduced and waived the first reading of an Ordinance amending City Council/Administrative Policy No. 10-13, Signature Authority, related to placing and removing liens, placing assessments, uncollectible receivables, bank accounts, banking documents, standard litigation procedural documents and agreements approved by City Council, and utility agreements; and
WHEREAS, on February 8, 2011, the City Council waived the second reading and adopted Ordinance 887 amending City Council/Administrative Policy No. 10-13, Signature Authority, related to placing and removing liens, placing assessments, uncollectible receivables, bank accounts, banking documents, standard litigation procedural documents and agreements approved by City Council, and utility agreements, which became effective on March 8, 2011; and WHEREAS, on September 11, 2012, the City Council waived the second reading and adopted Ordinance 906 amending City Council/Administrative Policy No. 10-13, Signature Authority to include authority levels to sign certain letters of support or opposition; and
WHEREAS, on June 10, 2014, the City Council waived the second reading and adopted Ordinance 928 amending sections of City Council/Administrative Policy No. 10-13, Signature Authority related to property exchanges, pre-litigation documents, permits to enter and use property and software related agreements; and WHEREAS, on December 11, 2018, the City Council waived the second reading and adopted Ordinance 1006 amending sections of City Council/ Administrative Policy No. 10-13, Signature Authority related to development services under a deposit agreement; real property, utilities, letters of support or opposition and regulatory reporting; updating the grants and emergency sections and restructuring the policy for easier readability; and
WHEREAS, on January 11, 2022, the City Council introduced and waived the first reading of Ordinance No. 1031 amending City Council/Administrative Policy No. 10-13, Signature Authority, related to non-development related services under a deposit agreement, City Attorney and Director Signature authority sections and minor revisions for consistency; and
WHEREAS, on January 24, 2022, the City Council waived the second reading and adopted Ordinance No. 1031 amending City Council/Administrative Policy No. 10-13, Signature Authority, related to non-development related services under a

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deposit agreement, City Attorney and Director Signature authority sections and minor revisions for consistency; and
WHEREAS, Government Code section 40602 authorizes the City to adopt an ordinance regarding signature authority.

NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Brentwood

1. Does hereby determine that since the adoption of this Ordinance 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.

2. Does hereby amend in its entirety the first paragraph of Section 4.1 of City Council/Administrative Policy No. 10-13, Signature Authority, as follows:
”4.1 General. For purposes related to legal services and the activities and functions of the City Attorney’s Office, the City Attorney is granted the same authority as the City Manager as set forth in section

3.1.1, up to $50,000; and for legal services and personnel investigative services, up to $75,000.”

3. Requests that the City Clerk replace the existing text in the first paragraph of Section 4.1 of City Council/Administrative Policy No. 10-13 Signature Authority with a clean copy of the quoted text in Section 2 of this Ordinance, and revise the Policy’s effective date to the effective date of this Ordinance.

4. Finds that this Ordinance will take effect 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.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on October 24, 2023, by the following vote:

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State of California

GOVERNMENT CODE
Section 40602
40602. The mayor shall sign:
(a) All warrants drawn on the city treasurer.
(b) All written contracts and conveyances made or entered into by the city. (c) All instruments requiring the city seal.

The legislative body may provide by ordinance that the instruments described in (a), (b) and (c) be signed by an officer other than the mayor. (Amended by Stats. 1955, Ch. 633.)

STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL

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CITY OF BRENTWOOD

COUNCIL/ADMINISTRATIVE POLICY
Subject: Signature Authority Policy Policy No: 10-13 Date: 2/24/2022

1. PURPOSE AND

GENERAL
PROVISIONS.

Ordinance No:
1031

Page 1 of 6 ends

1. PURPOSE AND GENERAL PROVISIONS.

1.1 Purpose. This policy provides for the authority for City employees to enter into certain contracts, and to sign other documents on the City’s behalf.

1.2 Applicability. This policy applies to the execution of documents by authorized City employees that are not otherwise provided for by Council action or other Council/Administrative Policies. The signature authority permitted under this Policy must be exercised consistent with the Purchasing Policy No. 10-7 (unless expressly stated otherwise in this Policy).

References in this policy to federal, state, or city regulations means the latest version of those regulations.

1.3 Delegation. An employee authorized in this policy to sign a contract or other document may delegate that authority by notifying the Director of Finance and Information Systems and the City Attorney in writing by email or memorandum, naming the person to whom authority is delegated and for what period of time.

1.4 Record-keeping. A signed original of each contract entered into under this policy shall be filed with the City Clerk’s Office, except for a contract for the purchase of commodities, equipment or general services documented with a purchase order, which is filed with the Finance and Information Systems Department. Records must be retained in accordance with the City’s Records Retention Policy No 00-04.

1.5 Definitions. In this policy:

Amendment or change order means change, or modification, or addendum to a contract after it has been executed.

Contract means any agreement to do or not do a certain thing. Contract, Agreement, Memorandum of Understanding or MOU are synonymous. The term contract includes, among other things, a purchase order, a contract for services, and an addendum or change order.

2. CITY COUNCIL AUTHORITY. City Council approval is required for each contract regulated by this policy unless authority to sign the contract is granted to another City officer under this policy. City officers and employees designated by the City Council to sign agreements by resolution or minute order are authorized to execute those documents. (Government Code section 40602.)

3. CITY MANAGER AUTHORITY.

3.1 General. The City Manager is authorized to sign the following on behalf of the City, without the prior approval of the City Council:

3.1.1. $50,000 or less. A contract which contains a maximum amount of $50,000 or

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CITY OF BRENTWOOD

COUNCIL/ADMINISTRATIVE POLICY
Subject: Signature Authority Policy Policy No: 10-13 Date: 2/24/2022

1. PURPOSE AND

GENERAL
PROVISIONS.

Ordinance No:
1031

Page 2 of 6 ends

less per fiscal year up to a maximum contract amount of $100,000. Cumulative additional amendments or change orders exceeding $50,000 per fiscal year or more than $100,000 in the aggregate must be approved by the City Council;

3.1.2 Indemnification. Indemnification and hold harmless agreements;

3.1.3 Assumption and/or Assignment. Assumption and/or assignment agreements between the City and a third party for the terms and conditions of an existing agreement being assumed by, and/or assigned to, another company, and there are no additional changes to the agreement that would otherwise require Council approval.

3.1.4 Real property. Documents related to real property, including:

3.1.4.1 Right of entry agreements by which the City is granting rights to enter and/or temporarily use City-owned real property and right of entry agreements by which the City is being granted rights to enter and/or temporarily use real properties owned by third parties, which agreements may include indemnification and hold harmless clauses;

3.1.4.2 Those accepting on behalf of the City an offer of dedication for the conveyance of real property for public use, a property exchange, or any other interest in real property.

3.1.4.3 Where the City is Landlord/Tenant, Licensee/Licensor, or for temporary use of a facility, where the total annual commitment does not exceed $50,000.

3.1.4.4 Right of Way Certifications in connection with Measure C and locally funded road projects

3.1.5 Deposit and Indemnification Agreements; Development-Related

3.1.5.1 General. Development-related deposit and indemnification agreements between the City and a Developer, pursuant to a development project application or condition of approval, that requires reimbursement to City of expenses incurred during the processing of a development project.

3.1.5.2 Development-Related Services under a Deposit Agreement. A contract for City-managed, development-related services in an amount up to $250,000 if the following criteria are met:
• a deposit and indemnification agreement exists;
• there is no cost to the City because an applicant for development entitlements has deposited the required amount under the contract with the City; and
• the funds are to be used for application processing costs or development- related studies, such as an environmental impact report

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CITY OF BRENTWOOD

COUNCIL/ADMINISTRATIVE POLICY
Subject: Signature Authority Policy Policy No: 10-13 Date: 2/24/2022

1. PURPOSE AND

GENERAL
PROVISIONS.

Ordinance No:
1031

Page 3 of 6 ends

3.1.6 Deposit and Indemnification Agreements; Non-Development Related

3.1.6.1 General. Non-development related deposit and indemnification agreements between the City and a third party, which require the reimbursement to City of expenses incurred for work undertaken by the City, or by City consultants and contractors.

3.1.6.2 Consultant and Contractor Agreements. A contract for consultants and contractors in an amount up to $250,000, if the following criteria are met:
• a deposit and indemnification agreement exists; and
• there is no cost to the City because a third party has deposited the required amount under the contract with the City

3.1.7 Other documents. Other documents related to routine operations, regulations or reporting. Examples include:

3.1.7.1 Utilities. Regarding a utility company, as long as City’s financial commitment can be reconsidered:
 paperwork for scheduling work; and/or
 approval of an estimate before the beginning of design work or construction; applications involving payment by the company to the City (incentives or cost savings; energy efficiency).

3.1.7.2 Letter in support or opposition. A letter of support or opposition for a proposed project in another jurisdiction, an organization, government entity, or legislation as long as the letter is not inconsistent with City policies. The letter must relate to:
• a position taken by the League of California Cities, unless the City Council has taken a contrary position.
 a position taken by an entity or organization to which the City is a member (for example the Contra Costa Transportation Authority or the California Association of Sanitary Agencies), so long as that position is not contrary to a previously approved City Council position or a position taken by the League of California Cities.
 legislation regarding a project approved by the City Council.  a routine matter, experienced in the normal course of City business.  a previously approved City Council position.

A copy of the letter of support or opposition will be sent to the Mayor and City Council (for information only).

3.1.7.3 Employment.
 Disability retirement. Submit application for disability retirement or initiate request for reinstatement; make determinations under Section

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CITY OF BRENTWOOD

COUNCIL/ADMINISTRATIVE POLICY
Subject: Signature Authority Policy Policy No: 10-13 Date: 2/24/2022

1. PURPOSE AND

GENERAL
PROVISIONS.

Ordinance No:
1031

Page 4 of 6 ends

21152(C) of the Government Code of disability and whether the disability is industrial, and to certify the determinations and all other necessary information to the Public Employees’ Retirement System.  Employee Benefits. Execute contracts for employee benefits with outside vendors that are included in a City Council-approved Memorandum of Understanding.

3.1.7.4 Notice of completion. File notice of completion for a project up to $50,000 that was not awarded by the City Council.

3.1.7.5 Affordable housing.
 Provided that the documents are consistent with Municipal Code Chapter 17.725 Affordable Housing, if applicable and Health & Safety Code Section 33000, et seq. if applicable, execute contracts, resale controls, rent restrictions and other documents necessary to implement those provisions.
 Provided that the documents are consistent with the Council approved First Time Homebuyer’s Program, execute loan agreements and other documents necessary to implement the terms and provisions of the Loan Agreements and the First Time Homebuyer’s Program, subject to revisions approved to form by the City Attorney.

3.1.7.6 Financial.
 Sign credit applications after City Attorney review of the credit application;
 Sign and record liens in accordance with Municipal Code Section

1.12.110 and lien releases in accordance with Council/Administrative Policy 10-15, Collection Policy;
 Sign and record special assessments in accordance with Municipal Code Section 1.12.110;
 Write-off uncollectible receivables in accordance with Council/Administrative Policy 10-5, Budget and Fiscal Policies;  Sign checks or other instruments for the withdrawal of moneys in the operating account, under Policy 10-11, authorized City Officials;  Sign required escrow and/or banking documents regarding City deposits;  Sign DMV paperwork to implement disposition of surplus property (Policy 10-7);

3.1.7.7 Grant applications. Sign grant application paperwork for grants that do not bind the City for more than $10,000 annually, subject to the City Manager Grants and Rebates Policy No. 14.

3.1.7.8 Regulatory reporting. Examples:
 Signing as the “legally responsible officer” to report and certify data into the online database for the State Water Resources Control Board (SWRCB).
 Signing NPDES applications and permit renewal for the Wastewater Treatment Plant.

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CITY OF BRENTWOOD

COUNCIL/ADMINISTRATIVE POLICY
Subject: Signature Authority Policy Policy No: 10-13 Date: 2/24/2022

1. PURPOSE AND

GENERAL
PROVISIONS.

Ordinance No:
1031

Page 5 of 6 ends

3.2 Exceptions to City Manager authority in section 3.1:

3.2.1 Public project change order. Notwithstanding the maximum compensation limits set forth in subsection 3.1.1 above, for a public project awarded by City Council resolution, the City Manager may authorize a change order up to the contingency amount approved by the City Council when awarding the bid.

3.2.2 Settlement of claims. The City Manager is authorized to settle, approve or reject claims or litigation:
 in an amount not to exceed $50,000; or
 for a higher amount as long as the City’s deductible (with the City’s insurer) is limited to $50,000 or less.

3.3 Emergency. In a declared emergency (as defined in the Purchasing Policy, 10-7) endangering the lives, property or welfare of the people in the City or the property of the City, the City Manager may authorize the expenditure of up to $1,000,000. (See also Purchasing Policy No. 10-7, Emergency Purchases.)

4. CITY ATTORNEY AUTHORITY.

The City Attorney reviews and approves contracts as to form, except the following:
 reviews, but does not approve, agreements for the purchase, installation, use, support, or maintenance of pre-packaged “Out of the Box” software as discussed in section 12.1 of the Purchasing Policy, as that section may be amended from time to time;
 amendments to Master Permits to use school district properties for police training.

4.2 Litigation. The City Attorney is authorized to sign pre-litigation and litigation procedural documents, such as requests for continuances, tolling agreements, conflict waivers, and joint defense agreements, where such documents do not result in a final settlement of the underlying litigation.

4.3 Development-related legal services. The City Attorney is granted the authority to execute contracts for City-managed professional legal services in an amount up to $100,000 if the following criteria are met:
 a deposit and indemnification agreement exists;
 there is no cost to the City because an applicant for development entitlements has deposited the required amount under the contract with the City; and  the funds are to be used for development-related legal services.

4.4 Letters. In addition to the correspondence typically signed by the City Attorney in the

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CITY OF BRENTWOOD

COUNCIL/ADMINISTRATIVE POLICY
Subject: Signature Authority Policy Policy No: 10-13 Date: 2/24/2022

1. PURPOSE AND

GENERAL
PROVISIONS.

Ordinance No:
1031

Page 6 of 6 ends

exercise of his or her authority, he or she is specifically authorized, in consultation with the City Manager, to sign the following legal briefs and/or letters related to:
 a position taken by the League of California Cities on a matter, unless the City Council has taken a contrary position.
 a position taken by an entity or organization to which the City is a member (for example the Contra Costa Transportation Authority or the California Association of Sanitary Agencies), so long as that position is not contrary to a previously approved City Council position or a position taken by the League of California Cities.  requests for conflict of interest opinions from the Fair Political Practices Commission.  projects approved by City Council.
 an Attorney General’s Opinion, judicial proceeding or judicial opinion, when in his or her professional opinion the letter is in the best legal interests of the City of Brentwood.

5. DEPARTMENT DIRECTOR AUTHORITY. Department Directors are authorized to enter into and sign on behalf of the City, without the prior approval of the City Manager or City Council, a contract which is for the purchase or lease of commodities, equipment, general services; or professional services, but not for legal services; or where the City is a Landlord/Tenant, Licensee/Licensor, or for temporary use of a facility; and, for each of the contracts listed in this section, where a contract which contains a maximum amount of $10,000 or less per fiscal year up to a maximum contract amount of $30,000. Cumulative additional amendments or change orders exceeding $10,000 per fiscal year or more than $30,000 in the aggregate must be approved by the City Manager as set forth in section 3.1.1.

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CITY COUNCIL AGENDA ITEM NO. F.1
10/24/2023
SUBJECT: 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.

DEPARTMENT: Community Development Department
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager
Jennifer Hagen, Senior Planner

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 singlefamily 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).

FISCAL IMPACT
The project proponent, MLC Holdings Inc, has paid a total of $89,667.50 for applications related to the project. There are no associated fees for a Call for Review.

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CITY COUNCIL AGENDA ITEM NO. F.1
10/24/2023

BACKGROUND

SUMMARY
The item before the City Council is a call for review of the Planning Commission’s decision to approve the subject applications on September 19, 2023. Overall the project is consistent with the General Plan and will help to provide a broad spectrum of housing types and community facilities with development occurring in a logical and orderly manner and contiguous with existing developments (Goal LU1, Policy LU 1-4, and Policy LU 1-5). In addition, the proposed affordable housing provided is greater than required within the City’s Affordable Housing Ordinance applicable to the project helping to achieve multiple Housing Element goals and policies and assist in meeting the City’s overall Regional Housing Needs Assessment (RHNA). A detailed analysis of the project is included as part of the September 19, 2023, Planning Commission staff report, which is attached for the City Council’s review and reference.

The applicant, MLC Holdings, Inc., is requesting approval of an IS/MND (including a Mitigation Monitoring and Reporting Plan (MMRP)), a Vesting Tentative Subdivision Map (VTSM 9547), and a Design Review (DR 21-006) for a new 94-unit single family development that includes three estate residential lots, open space area, an EVA, and a new internal roadway system.

The proposed project would include the subdivision of the 19.73-acre property to develop 94 single-family residences including three estate residential lots ranging from 21,101 square feet (sf) to 21,200 sf, and 91 single-family residential lots ranging in size from 4,000 sf to 8,242 sf. The project includes four varying floor plans that will be distributed across all 94 lots.

As detailed below, a total of 12 below market rate units would be provided for verylow, low, and moderate-income families. As required by the City’s inclusionary housing ordinance, the 12 below market rate units are spread throughout the development. Each residence would include a two-car garage and a private rear yard.

Additionally, the applicant is proposing three larger lots that would provide the required density transition from the existing Ranchette Estate development adjacent to the project to the southwest.

PLANNING COMMISSION MEETING OF SEPTEMBER 19, 2023
On September 19, 2023, the Planning Commission considered the Vesting Tentative Subdivision Map and Design Review for the Hanson Lane project. Prior to the meeting,

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CITY COUNCIL AGENDA ITEM NO. F.1
10/24/2023
staff received one public comment that was distributed to the Planning Commission for consideration. After presentation of the staff report and comments from the applicant, the Planning Commission opened public comment and took testimony from nine members of the public. Multiple speakers expressed concerns with the increased vehicle traffic and impact to the existing residences along Hanson Lane and Lone Tree Way. Specific concerns related to the transition of the new Lone Tree Way extension and the private driveway to the north at the current dead end, as well as the grade difference and fencing between the properties to the north.

After closing the public hearing, the Planning Commission discussed the potential health risks and hazards at the project site as a result of the nearby existing uses to the east (i.e., the City of Brentwood Wastewater Treatment Plant and Antioch Building Materials) and asked staff to provide clarification. Consulting staff reiterated the analysis presented in the IS/MND regarding health risks (i.e., air quality impacts), which essentially concluding that, with implementation of the mitigation measures set forth within the IS/MND, the proposed project itself would not increase health risks, but, rather, the project site is located in an area already subject to existing health risks. This would be considered an impact of the existing environment on the project, as opposed to the project’s impact on the environment, which is not required to be analyzed under CEQA. Nonetheless, because the proposed project may be subject to health risks associated with existing uses in the vicinity, the Planning Commission requested that a condition of approval consistent with the recommendation in the IS/MND be included. Specifically, the condition of approval would require a refined health risk assessment to more accurately estimate the health risks at the project site and disclosure of the health risks to future homebuyers prior to purchase. In addition, the applicant agreed to a new condition of approval requiring buyers within the Project be notified of the identified air quality findings (see below).

The Planning Commission also discussed the agricultural and rural nature of the properties to the north, which are located just outside the city limits in the unincorporated portion of the County, and questioned how the properties’ existing character would be protected. The applicant clarified that there would be a low retaining wall on the northern property line. The applicant also agreed to work with City staff on providing a visual and safety barrier on the northern property line of the project, as well as working with staff on project entry details to include clear delineation of private and public access points along Lone Tree Way.

Lastly, the Planning Commission requested clarification on the elimination of the park that was shown in the original CEQA documents and whether staff was supportive of the project paying in-lieu fees instead of providing an on-site park. Staff confirmed

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CITY COUNCIL AGENDA ITEM NO. F.1
10/24/2023
that based on the location of the project within ½ mile of multiple parks and the extension of the March Creek trail to make nearby parks easily accessible, staff was supportive of the project paying in-lieu fees and not including onsite amenities. This is explained in greater detail below. Based on continued concerns that on-site amenities should be provided, the applicant suggested the potential to redesign the on-site stormwater treatment area in order to allow for additional square footage that may be used for on-site gathering. Since the Planning Commission hearing, the applicant has provided a revised tentative map exhibit illustrating that with the reconfiguration, they would be able to accommodate an approximately .6 acre park parcel.

After deliberation, including the discussion as mentioned above, the Planning Commission unanimously approved the vesting tentative subdivision map and design review applications with the following added conditions listed below.

Conditions added by Planning Commission to Resolution No. 23-030 (tentative map resolution):

23. Permittee shall engage a qualified air quality specialist to conduct a sitespecific air quality analysis of PM2.5 on the site using dispersion modeling, and the results of this analysis shall be provided to homebuyers within the Project prior to purchase.

24. Permittee shall work with staff to reconfigure the bioretention areas to maximize open space area to include a gathering space and play equipment east of Lots 59 and 60, to the satisfaction of the City Engineer and the Director of Parks & Recreation.

Conditions added by Planning Commission to Resolution No. 23-031 (design review resolution):

26. Permittee shall work with City staff to develop and provide a visual and safety barrier on the northern property line of the project, to the satisfaction of the City Engineer and the Director of Community Development.

27. Permittee shall work with City staff on project entry details to include clear delineation of private and public access points along Lone Tree Way, to the satisfaction of the City Engineer.

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CITY COUNCIL AGENDA ITEM NO. F.1
10/24/2023

CALL FOR REVIEW
On September 19, 2023, shortly after the project was approved, Council Member Mendoza filed a timely Call for Review per Brentwood Municipal Code (BMC) Section

17.880.030. Within the call for review, Council Member Mendoza requested additional information on several specific items, as summarized below:
 Affordable Housing and Density Bonus calculations and the location of the affordable units;
 City park requirements, in-lieu fee payments, and equipment specifications;  Site Access; and
 Perimeter wall heights around the development.

Per BMC Section 17.880.030, a call for review is required to be heard before the appellate body within 45 days of being filed, unless both the applicant and appellant consent in writing to a later date. In this case, the call for review is being considered 35 days from when it was received, within the required timeframe.

APPLICABLE STATE HOUSING LAW
The applicant submitted a preliminary application for this project under Senate Bill (SB) 330; that preliminary application was deemed consistent with Government Code §65941.1 in January 2022. SB 330 made numerous changes to the Permit Streamlining Act and the Housing Accountability Act. SB 330 requires that, if the application complies with the applicable objective general plan, zoning, and subdivision standards and criteria, including design review standards, the City cannot deny or condition the project in a manner that would lessen the intensity of housing, such as decreasing the density or number of units (Government Code section 65589.5(j)). In addition, under SB 330 and pursuant to Government Code §65589.5(o), a project shall be subject only to the ordinances, policies, and standards adopted and in effect when a preliminary application was submitted (January 2022).

ANALYSIS
The September 19, 2023, Planning Commission staff report, draft meeting minutes, and public comments received are attached for the City Council’s review and reference. The attached staff report explains in detail how the Project is consistent and complies with the City’s General Plan and zoning requirements. Additionally, the adopted Planning Commission resolutions approving the IS/MND, MMRP, Tentative Subdivision Map, and Design Review are also attached.

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CITY COUNCIL AGENDA ITEM NO. F.1
10/24/2023
Within the requested call for review, Council Member Mendoza requested additional information on and analysis of a number of items as previously listed. Staff has provided additional information and analysis on each of these in the following sections.

AFFORDABLE HOUSING AND DENSITY BONUS CALCULATIONS AND

LOCATION
The project’s preliminary application was deemed complete in January 2022, and therefore is subject to the City’s Affordable Housing Ordinance that was in effect at that time. That ordinance requires the project to provide ten percent (10%) of total units as affordable units. Under the State Density Bonus Law (SDBL) (Government Code § 65915 (f)(2)(B)(1)(b)), the project is required to provide at least five percent (5%) of the units for very-low income households in order to qualify for Density Bonus benefits. State law allows projects to “double dip,” or to allow units required by the City’s Affordable Housing Ordinance to also qualify as affordable units for purposes of the SDBL. This was affirmed in a 2013 case, Latinos Unidos del Valle de Napa y Solano v. County of Napa (2013) 217 Cal.App.4th 1160, that held that inclusionary units required by a local agency’s affordable housing ordinance must also be credited toward satisfying the affordable units necessary to obtain a density bonus under the SDBL. In addition, in 2021, the State Legislature clarified that for purposes of qualifying for a density bonus, the “total units” in a housing development include affordable units that are designated to satisfy local inclusionary housing requirements.

The project is proposing to provide 12 affordable units, with five reserved for very low-income households, four reserved for low-income households, and three reserved for moderate-income households. The designs of the affordable units are comparable to the exterior designs of the market rate units, materials, architectural elements, and overall construction quality, as well as the number of bedrooms and proportion of bedroom types. The applicant has submitted the attached revised plot plan that includes the location and types of units within the project, illustrating that the units will be dispersed throughout the residential development, consistent with the requirements of the applicable City Affordable Housing Ordinance.

Based on the application proposal, staff has provided more detailed calculations below illustrating how the project qualifies under the provisions of both the SDBL and the City ordinance.

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CITY COUNCIL AGENDA ITEM NO. F.1
10/24/2023
City Affordable Housing Ordinance Requirements
The project application was deemed complete in January 2022, and therefore is subject to the City’s Affordability Housing Ordinance that was in effect at that time.

That ordinance requires the project to provide ten percent (10%) of total units as affordable units. In applying the City’s Affordable Housing Ordinance requirements to residential development consisting of ten or more dwelling units, any decimal fraction less than 0.50 dwelling units is disregarded and any decimal fraction equal to or greater than 0.50 dwelling units must be construed as one dwelling unit.

State Density Bonus Affordability Requirements
According to the SDBL, no additional affordable units are required to satisfy State law or the City’s regulations. Under the SDBL (Government Code § 65915 (f)(2)(B)(1)(b)), the project is required to provide at least five percent (5%) of the units for very-low income households in order to qualify for SDBL benefits. In applying the SDBL, all density calculations resulting in fractional units must be rounded up to the next whole number.

Staff has carefully reviewed in detail all affordable housing calculations and has confirmed that, as proposed, the project will provide the appropriate number of affordable units at the appropriate income levels to qualify in accordance with both State law and the City’s Affordable Housing Ordinance.

Affordability
Level
Required Provided Does the project meet
minimum qualifications
Very-low 3% (2.82 units
rounded to 3 units)
5/94 = 5.3% Yes
Low 4% (3.76 units
rounded to 4 units)
4/94 = 4.2% Yes
Moderate 3% (2.82 units
rounded to 3 units)
3/94 = 3.1% Yes
Total 10% (9.4 units
rounded to 9 units)
12/94 = 12.7% Yes
Affordability
Level
Required Provided Does the project meet
minimum qualifications
Very-low 5% (4.7 units
rounded to 5 units)
5/94 = 5.3% Yes

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CITY COUNCIL AGENDA ITEM NO. F.1
10/24/2023

PARK REQUIREMENTS, IN-LIEU FEE PAYMENTS, AND EQUIPMENT

SPECIFICATIONS
The project is located 1,500 feet from Homecoming Park and is located within 1-mile of 15 additional parks, including Sunset Athletic Complex.

The General Plan provides a framework that guides policy and decisions on growth, development, community services and facilities, conservation and open space, circulation, economic development, land use, and resources in a manner that is consistent with the quality of life desired by the city’s residents. The Parks, Trails, and Recreation Master Plan (Master Plan) articulates the vision for the quality of life of Brentwood residents as it relates to parks, trails, and recreation opportunities. It reflects the current needs and desires of Brentwood residents and serves as the specific planning document that is used to implement the policies and action items outlined in the General Plan. The cornerstone of ensuring proper implementation of the Parks, Trails, and Recreation Master Plan is Brentwood’s ability to secure stable funding for the development and operation of parks, recreation facilities, and programs.

Brentwood Municipal Code Section Chapter 16.150 Dedication, Park Land or Fees-InLieu details that all projects must dedicate land, pay a fee in-lieu thereof, or both, at the option of the city, for park or recreational purposes at the time pursuant to the standards and formula set forth in the chapter. Based on the park dedication formula, the amount of land to be dedicated for park purposes and the basis for calculating the fee-in-lieu shall be based on the average number of persons per dwelling unit x .0050.

The Parks and Recreation Department uses 3.2 as the average number of persons per dwelling unit for this calculation, consistent with the General Plan.

Average Number of Persons/unit (3.2) X .0050 = .0160 acres per unit 94 units x .0160 acres = 1.504 acres
Based on this, the project would be required to provide a total of 1.5 acres in land to be dedicated or to pay a fee in-lieu of dedication.

When reviewing new residential development projects and applying General Plan and Master Plan policies to new development as well as BMC Chapter 16.150, the Parks and Recreation Department considers the following:
 Project size, location, and proposed residential unit count in relation to existing parks in the vicinity of the new development, as well as future development and planned park facilities in the vicinity of the new development, for the purposes of determining whether park land dedicated or in-lieu fees would be appropriate for the project.

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CITY COUNCIL AGENDA ITEM NO. F.1
10/24/2023
 Whether or not a project should be subject to providing both the Neighborhood Park and Community Park components of the park acreage requirement, or if some combination of the park acreage component(s) and in-lieu fee would be appropriate for the project.
 Offers of dedication for land not suitable for residential development, or land that does not qualify for park dedication credit, where said land would otherwise remain undeveloped or inaccessible, in order to augment citywide park system and open space acreage.  Programming and use of park land and facilities required by new development based on park, open space, and recreation needs city-wide.

In addition, when determining whether to support payment of in-lieu fees for new developments, the Parks and Recreation Department analyzes and considers the following:
 Proximity of the new development to existing neighborhood parks (i.e., 1/4-mile or 1/2-mile) to potentially satisfy the neighborhood park needs of the residents of the new development with an existing neighborhood park.  Policies to provide at least 5 acres of improved public park land per 1,000 residents.
 Proximity of the new development to other future areas of new development where a single planned neighborhood park could satisfy the park land and residents needs of two or more smaller new developments in an area.
 Physical site or off-site constraints such as major roads, railroad tracks, terrain, or existing land uses that act as barriers or create safety concerns for residents of the new development attempting to utilize a nearby existing neighborhood park.
 Opportunities to expand the City’s trail system by completing previously identified unfinished trail segments, adding new trail segments that provide connectivity, and expanding the trail system with future trail connectors and trail heads.
 Analyze the community need for larger scale facilities identified in the master plan such as community parks, sports complexes, sports facilities, and community centers such as the Sand Creek Sports Complex and during the new development process, and when appropriate, condition the entitlements to pay in-lieu fees for the benefit of the community and to satisfy the requirements of the project.
 Carefully consider the cost and maintenance needs of future park facilities and amenities in order to maximize benefit to the community and minimize future capital replacement and maintenance cost with the operation of these facilities.

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CITY COUNCIL AGENDA ITEM NO. F.1
10/24/2023
The project would include constructing trail improvements along the west side of Marsh Creek to the Marsh Creek Trail bridge crossing and Homecoming Park, located approximately 1,500 feet to the south of the property. Homecoming Park is an approximately one acre park that currently includes play equipment and a sports court. The City Council has approved replacement of the playground equipment as part of the 2023/24 – 2027/28 CIP.

Nearby parks and their distances from the project are identified in the following tables:

Parks Distance from
Subject Property Parks Distance from Subject Property
Homecoming
Park .32 mile Sparrow Park .78 mile
Sunset Athletic
Complex .34 mile Hummingbird Park .79 mile
Bosk Park .48 mile Dragonfly Park .89 mile
Daytona Park .49 mile Sycamore Park .92 mile
Dakota Park .53 mile Dolphin Park .94 mile
Big Basin Park .57 mile Portofino Park .95 mile
Marsh Creek
Vista Park .58 mile Pelican Park .97 mile
Live Oak Park .72 mile
Based on the above mentioned policies and considerations, including General Plan Policy CSF 2-9 to continue to collect development impact fees in order to fund the acquisition of parkland and construction of new facilities (such as the Sand Creek Sports Complex), the location of the project and ease of access to other parks within 1-mile, and the continued prioritization of the Sand Creek Sports Complex, staff has been supportive of allowing the project to not construct a park and pay its fair share of in-lieu fees.

Based on the Planning Commission’s added condition requiring the project to reconfigure the bioretention areas to maximize open space area to include a gathering space and play equipment east of Lots 59 and 60, the applicant has submitted a new preliminary plan that illustrates that an approximately 0.6 acre park

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CITY COUNCIL AGENDA ITEM NO. F.1
10/24/2023
can be achieved. Based on the revised plan, the park would meet the minimum park size requirements to qualify for park credits and therefore would be required to be dedicated to the City. Since the park is not large enough to satisfy the project’s entire park requirement, the project would still be required to pay the balance in in-lieu fees, allowing the project to include both park amenities to be dedicated to the City as well as the balance of in-lieu fees to go towards future park projects.

It should be noted that as conditioned by the Planning Commission, the project was only required to reconfigure existing open space area and was not conditioned in a manner that would lessen the intensity of housing, such as decreasing the density or number of units, which would not be permitted in accordance with Government Code section 65589.5(j)). The City cannot deny or condition the project in a manner that would require the reduction of units to accommodate a larger 1.5 acre park which would result in decreasing the density and number of units.

Based on the revised plan, the City has added conditions #25-30 to the VTSM Resolution to address the park dedication, timing and fees. As currently conditioned, the park would include gathering space and play equipment. The City's design review and tentative map applications do not require design and programming details (e.g., types of play structures) for proposed parks as part of the entitlement package. Since that information is not required in order for a project to be deemed complete, the City cannot make approval dependent on that information. If the project is approved, the final park design/programming would be reviewed and approved by the Parks and Recreation Commission.

Although the applicant has submitted a revised plan that includes a .6 acre park based on Planning Commission direction, if the City Council is supportive of allowing the project to not construct a park and pay its fair share of in-lieu fees in its entirety, conditions could be included to revert back to the original plan or a smaller “gathering area” only, with few amenities to be maintained by the subdivision and not dedicated to the City.

SITE ACCESS
As designed, the project meets all City requirements for access and circulation by providing two access points into the development.

As currently designed, site access would be provided by way of Hanson Lane and Lone Tree Way, which (at this location) are minor local streets that will be extended as part of the proposed project. A Traffic Analysis was completed for the project which indicates the project is consistent with the impacts analyzed in the General Plan and

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CITY COUNCIL AGENDA ITEM NO. F.1
10/24/2023
anticipated for the project site. As proposed, emergency vehicle access is included connecting to Bonita Way, but a full access connection is not included through this neighborhood since it is not required by the Municipal Code, the General Plan or any other City standards/requirements and is not recommended by the City Traffic Engineer. In addition, including a connection to Bonita Way would provide additional traffic through an existing neighborhood that could otherwise be avoided.

PERIMETER WALL HEIGHTS AROUND THE DEVELOPMENT
Based on comments and concerns raised regarding the perimeter wall heights surrounding the property, the applicant has provided an additional edge condition exhibit which is attached for reference. As shown on the attached exhibit, the maximum height of retaining walls surrounding the property would be approximately 4-feet along the northern and western property lines. The applicant has agreed to work with City staff on providing a visual and safety barrier on the northern property line of the project, as well as working with staff on project entry details to include clear delineation of private and public access points along Lone Tree Way. There will be a new 6-foot tall good neighbor fence along the western perimeter property lines.

CONCLUSION
According to the Municipal Code, a call for review results in a ‘de novo’ or new hearing. The City Council, sitting as the appellate body, is thus required to make specific findings supporting its decision, be it upholding the lower body’s decision, modifying it, or reversing it.

The following outlines the options for Council when considering the call for review:

1. If the call for review results in a project approval, the existing entitlement would be affirmed, as it was originally approved by the Planning Commission on September 19, 2023. The Council would formally approve the project by adopting the Council resolutions as attached.

2. If the call for review results in a project approval with additional or revised conditions imposed by the Council, the Council would formally approve the project by adopting the attached Council resolutions with additional or revised conditions, such as revised park conditions per the discussion above.

3. If the call for review results in a project denial, the Council would provide findings for the denial and the item would return to the Council at a subsequent meeting to formally deny the project.

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CITY COUNCIL AGENDA ITEM NO. F.1
10/24/2023

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
As required, the City published a public hearing notice in the Brentwood Press and mailed it to property owners within 300 feet of the site on October 13, 2023, and the project site is posted with the required signage. As of the agenda publication, staff has not received any public comments on the application.

ENVIRONMENTAL DETERMINATION
The City prepared a mitigated negative declaration 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 15000, et seq.). Several potentially significant impacts are identified; however, mitigation measures are incorporated to reduce those impacts to less than significant levels. All mitigation measures not addressed by the standard conditions of approval are included as conditions of approval where appropriate.

The public review period for the proposed IS/MND began on April 21, 2023, and ended on May 22, 2023. Staff did not receive any comment letters during this public review period.

An Errata Sheet has been prepared for the IS/MND to provide consistency for the numbering of the proposed mitigation measures. The revisions do not result in modifications to the conclusions of the IS/MND and do no result in significant new information. Therefore, pursuant to CEQA, recirculation of the IS/MND is not required. The IS/MND, Mitigation Monitoring and Reporting Program (MMRP) and the IS/MND Errata Sheet may be reviewed by clicking on the link below and scrolling to “Hanson Lane:”
https://www.brentwoodca.gov/government/community-development/planning/ceqadocuments

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CITY COUNCIL AGENDA ITEM NO. F.1
10/24/2023

ATTACHMENT(S)

1. Previous Action

2. Resolution Hanson Lane MND and MMRP
A. Hanson Lane IS/MND (see link embedded in the staff report) B. Hanson Lane MMRP (see link embedded in the staff report) C. Hanson Lane Errata Sheet (see link embedded in the staff report)

3. Resolution Hanson Lane VTSM

4. Resolution Hanson Lane DR

5. Revised Hanson Lane Exhibits

6. Hanson Lane Design Review and Vesting Tentative Subdivision Map Package

7. Hanson Lane Project Description

8. Public Comment

9. September 19, 2023 Planning Commission Agenda Packet w/o attachments

10. Approved Planning Commission Resolutions

11. Affordable Housing Ordinance – January 2022

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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 adopted Ordinance No. 836 Prezoning the subject property known and Hanson Ranch to Planned Development (PD) 71 and added Chapter 17.528 to the Brentwood Municipal Code establishing uses and development standards for the site.

On June 13, 2007, the subject property was annexed into the City as part of the Hanson Ranch Annexation.

On April 8, 2008, the City Council adopted Ordinance No. 857 updating the PD sections of the Brentwood Municipal Code, including PD-71 adopting revised subarea maps and development standards.

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RESOLUTION NO. 23-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD ADOPTING A MITIGATED NEGATIVE

DECLARATION, MITIGATION MONITORING AND REPORTING

PROGRAM, AND ERRATA SHEET FOR THE HANSON LANE
PROJECT (VTSM 9547 AND DR 21-006), LOCATED AT 251
HANSON LANE (APN 018-231-034-3).

WHEREAS, MLC Holdings (the “Applicant”), submitted an application to the City of Brentwood for certain permits and approvals, including a Vesting Tentative Subdivision Map (VTSM 9547) and Design Review (DR 21-006), to develop its proposed Hanson Lane Project, a 94-unit residential subdivision project proposed to be developed on a 19.73-acre site located south of Lone Tree Way and north of Hanson Lane (the “Project Site,” identified as APN 018-231-034-3); and WHEREAS, collectively, the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and Errata Sheet for Vesting Tentative Subdivision Map (VTSM 9547), which includes a request for a density bonus under the State Density Bonus Law, and Design Review (DR 21-006) constitute the “Project;” and
WHEREAS, the Project application has been referred to various public utility companies, public districts, and pertinent departments for review and recommendations; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA,” codified at Public Resources Code Section 21000, et. seq.) and its implementing regulations (the “CEQA Guidelines,” found at 14 CCR Section 15000, et. seq.), the City of Brentwood is the lead agency for the proposed Project; and WHEREAS, the City reviewed the Project application and prepared an Initial Study for the Project in accordance with Section 15063 of the CEQA Guidelines; and WHEREAS, on the basis of the Initial Study, and pursuant to Section 15170 of the CEQA Guidelines, the City prepared a Mitigated Negative Declaration (“MND”) for the Project, which MND is attached hereto, along with the Initial Study, attached as Exhibit ‘A’ and incorporated herein by this reference; and WHEREAS, pursuant to Section 15097 of the CEQA Guidelines, the City has prepared a Mitigation Monitoring and Reporting Plan (“MMRP”) to accompany the Initial Study and MND, which is attached hereto as a component part of Exhibit ‘B’ and incorporated herein by this reference; and
WHEREAS, the City has prepared an errata sheet to accompany the Initial Study and MND to provide consistency for the numbering of the proposed mitigation measures (the “Errata Sheet”). The Errata Sheet is attached hereto as a component part of Exhibit ‘C’ and incorporated herein by this reference; and

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Attachment 2

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2 WHEREAS, pursuant to Section 15072 of the CEQA Guidelines, the City provided notice of its intent to adopt the MND, and pursuant to Public Resources Code Section 20191(b) and Section 15073 of the CEQA Guidelines, the City circulated the MND for public review and comments from April 21, 2023 to May 22, 2023; and WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the Project Site and published it in the Brentwood Press on September 8, 2023, in accordance with City policies and Government Code Section 65090, and a public hearing notice sign was posted on the site during this same timeframe for the September 19, 2023 Planning Commission hearing; and WHEREAS, on September 19, 2023, the Planning Commission held a public hearing, reviewed said Project, studied the compatibility of this request with adjacent land uses, and considered this request, as well as considered the staff report, all accompanying information, and testimony received from the Applicant and other interested parties; and
WHEREAS, on September 19, 2023, the Planning Commission approved the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and Errata Sheet, by Planning Commission Resolution No. 23-029; and WHEREAS, on September 19, 2023, City Council member Jovita Mendoza timely filed a Call for Review of the Planning Commission’s action approving the Project, including adoption of Planning Commission Resolution No. 23-029; and WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the Project Site and published it in the Brentwood Press on October 13, 2023, in accordance with City policies and Government Code Section 65090, and a public hearing notice sign was posted on the site during this same timeframe; and
WHEREAS, the City Council considered the call for review of the Project at its regular meeting of October 24, 2023, and considered the staff report, all accompanying information, and testimony received from the Permittee and other interested parties.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood finds:

A. The recitals set forth above are true and correct and are incorporated herein by this reference.

B. The City Council has reviewed and considered the MND, MMRP, and Errata Sheet together with all comments received during the public review process, as well as the written responses prepared to such comments, the staff report, testimony by staff and the public, and all

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Attachment 2

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3 other materials and evidence submitted to the City relating to the Project.

C. The City Council hereby finds, on the basis of the whole record before it, that:
a. The MND, the MMRP, and Errata Sheet have been prepared and completed in accordance with the requirements of CEQA and the CEQA Guidelines;
b. There is no substantial evidence that the Project will have a significant effect on the environment; and
c. The information, analyses, findings and conclusions set forth in the MND, MMRP, and Errata reflect the City’s independent judgment and analysis.

D. Based on the information, analyses and conclusions in the Initial Study, and on the whole record before it, the City Council approves and adopts the Initial Study and Mitigated Negative Declaration for the Hanson Lane Project dated April 2023, attached hereto as Exhibit ‘A’, including the Mitigation Monitoring and Reporting Plan attached hereto as Exhibit ‘B’, and the Errata Sheet attached hereto as Exhibit ‘C’.

E. The City’s custodian for the record of proceedings for the Project is the Planning Manager and the record of proceedings is maintained in the City’s files at 150 City Park Way, Brentwood, California.

The above actions are final unless an appeal is filed pursuant to Chapter 17.880 of the Brentwood Municipal Code within ten (10) calendar days following Planning Commission action.

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Attachment 2

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4 PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at its regular meeting of October 24, 2023, by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED:
______________________________
Joel R. Bryant
Mayor
ATTEST:
__________________________________
Margaret Wimberly, MMC
City Clerk

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Attachment 2

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5 Initial Study and Mitigated Negative Declaration dated April 2023, Exhibit ‘A’ Mitigation Monitoring and Reporting Plan, Exhibit ‘B’
Errata Sheet, Exhibit ‘C’
All attachments may be reviewed by clicking on the link below and scrolling to “Hanson Lane:”
https://www.brentwoodca.gov/government/community-development/planning/ceqadocuments

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RESOLUTION NO. 23-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING A VESTING TENTATIVE SUBDIVISION
MAP (VTSM 9547) TO SUBDIVIDE ONE 19.73-ACRE PROPERTY
TO 94 SINGLE-FAMILY RESIDENTIAL LOTS LOCATED AT 251
HANSON LANE (APN 018-231-034-3).

WHEREAS, MLC Holdings (the “Applicant”), submitted an application to the City of Brentwood for certain permits and approvals, including a Vesting Tentative Subdivision Map (VTSM 9547) and Design Review (DR 21-006), to develop its proposed Hanson Lane Project, a residential subdivision project proposed to be developed on a 19.73-acre site located south of Lone Tree Way and north of Hanson Lane (the “Project Site,” identified as APN 018-231-034-3); and WHERAS, collectively, Vesting Tentative Subdivision Map (VTSM 9547), which includes a request for a density bonus under the State Density Bonus Law, and Design Review (DR 21-006) constitute the “Project;” and
WHEREAS, the Project application has been referred to various public utility companies, public districts, and pertinent departments for review and recommendations; and
WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the Project Site and published it in the Brentwood Press on September 8, 2023, in accordance with City policies and Government Code Section 65090, and a public hearing notice sign was posted on the site during this same timeframe for the September 19, 2023 Planning Commission hearing; and WHEREAS, on September 19, 2023, the Planning Commission held a public hearing, reviewed said Project, studied the compatibility of this request with adjacent land uses, and considered this request, as well as considered the staff report, all accompanying information, and testimony received from the Applicant and other interested parties; and
WHEREAS, on September 19, 2023, the Planning Commission approved Vesting Tentative Subdivision Map (VTSM 9547), by Planning Commission Resolution No. 23-030; and
WHEREAS, on September 19, 2023, City Council member Jovita Mendoza timely filed a Call for Review of the Planning Commission’s action approving the Project, including adoption of Planning Commission Resolution No. 23-030; and WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the Project Site and published it in the Brentwood Press on October 13, 2023, in accordance with City policies and Government Code Section 65090, and a public hearing notice sign was posted on the site during this same timeframe; and

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Attachment 3

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2 WHEREAS, the City Council considered the call for review of the Project at its regular meeting of October 24, 2023, and considered the staff report, all accompanying information, and testimony received from the Permittee and other interested parties; and
WHEREAS, the City prepared an Initial Study and Mitigated Negative Declaration (IS/MND) for this project in accordance with the CEQA and CEQA Guidelines, and at its October 24, 2023 meeting, the City Council adopted said IS/MND, including its accompanying Mitigation Monitoring and Reporting Plan and Errata Sheet, through adoption of Resolution No. .

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood:

A. Hereby finds that with respect to Brentwood Municipal Code Section

16.050.040.B and Government Code section 66474:

1. That the proposed map is consistent with the community development plan and any applicable specific plans.

The City’s 2014 General Plan and 2023 Housing Element include goals and policies to ensure that adequate housing needs are met and that adequate housing opportunities are available and affordable to all residents of Brentwood. The proposed project meets the intent of the goals and polices established by the General Plan and Housing Element as follows:
a. Goal LU 1. (“Establish a land use pattern in Brentwood that provides for a diverse, self-sufficient community that offers a broad spectrum of job opportunities, housing types, community facilities, and commercial services.”) The project provides a land use pattern that provides for a diverse and self-sufficient community that offers a broad spectrum of housing by providing 94 single family homes, including 12 affordable units, and three estate residences. b. Goal H-1. (“Provide a diversity of housing opportunities to enhance the City's living environment and to satisfy the shelter needs of all Brentwood residents.”) The project provides a diversity of housing opportunities by offering a broad spectrum of housing through its provision of 82 detached single family market rate homes, including three estate residential lots, and 12 detached single family affordable homes.
c. Goal H-2 (“Encourage housing that is affordable to all socio-economic segments of Brentwood’s population.”) The project includes 12 affordable units for very low-, low-, and moderate-income households and 82 market rate units for the Brentwood population.

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Attachment 3

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3 d. Action H 2a (“Compliance with Affordable Housing Ordinance: All new residential projects shall provide affordable housing units in accordance with the City’s adopted Affordable Housing Ordinance Chapter 17.725. The City will continue to review and monitor the ongoing effectiveness of the City’s affordable housing ordinance to ensure developers provide a certain percentage of new homes to qualifying households at an affordable cost for the longest feasible time. The ordinance shall also continue to include a list of automatically available development incentives to encourage the construction of the inclusionary units, as well as provide the details for available alternatives to satisfy inclusionary housing obligations.”) The project complies with the applicable Affordable Housing Ordinance by providing affordable units in accordance with the City’s adopted affordable housing ordinance that was in effect at the time the project was deemed complete in January 2022 and is subject to the 10 percent affordability requirement. The project includes 12 affordable units (13 percent) more than required by the ordinance.

The project site is within the General Plan Residential Low Density (R-LD) land use designation, which provides for a density range from

1.1 to 5.0 dwelling units per acre, with a mid-range of 3.0 units per acre. The State Density Bonus law allows developers proposing 5 percent residential units affordable to very-low income homebuyers to seek increases in the project density in exchange for providing affordable units on site, without requiring a rezoning or General Plan land use designation change of the site (Government Code § 65915(f)(5)). The 94 proposed units results in an overall density of

4.67 dwelling units per acre.
e. Action H 2h (“Density Bonus: Grant density bonuses for the provision of affordable housing as required by State law. Monitor statutory requirements for municipal density bonus requirements and make necessary changes in the Municipal Code to reflect State law.”) The State Density Bonus law allows a housing development consistent with that law to develop at a density in excess of the density established for that General Plan land use without rezoning the site or requiring a General Plan amendment. The project site is currently zoned PD-71, which allows for densities of 5.0 units per acre and the General Plan land use designation is R-LD, which allows for 1.1 to

5.0 units per acre, with a mid-range of 3.0 units per acre. Therefore, the proposed 19.73-acre project is allowed to build up to the base density of 98 dwelling units (Government Code § 65915 (o)(4)). The applicant qualifies for and is invoking the State Density Bonus law, a state mandate that allows for a “density bonus”, an amount over and above the allowable residential density when a project includes a qualifying affordability component. The project’s proposed density (4.67 du/a) is within the allowed range under the City’s current

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Attachment 3

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4 General Plan (5.0 du/a) and as a result is not proposing to utilize any of the allowed bonus units. The project is proposing to utilize the concession and waivers allowed under the Law with respect to some of the zoning criteria.
f. Action H 3a (“Affordable Housing Design and Distribution: All affordable units within a mixed-income subdivision shall be harmonious and comparable to the market-rate units in exterior design, quality of materials and architectural elements, and overall construction quality. Affordable units may have different interior amenities and/or slightly different dimensions than market rate units in a residential development. Affordable units in a mixed-income development shall be dispersed throughout the residential development so as to prevent the concentration of affordable units.”). The design and distribution of the affordable units are the same as the market rate units in exterior design, materials, architectural elements, and overall construction quality, as well as the number of bedroom and proportion of bedroom types. The affordable units are also dispersed throughout the residential development and located on corner lots.
g. Goal H 4 (“HOUSING OPPORTUNITIES GOAL: Provide equal housing opportunities for all residents of Brentwood.”) The project provides 82 market rate homes and 12 affordable homes for the City of Brentwood, thus providing ownership opportunities for all residents of the city.

2. That the design or improvement of the proposed subdivision is consistent with the community development plan and any applicable specific plans.

The Project Site is not currently within any adopted or proposed specific plan area. The design and improvements of the proposed subdivision are consistent with the General Plan, including:
a. Policy CIR 1-2. (“Ensure that the City’s circulation network is a wellconnected system of streets, roads, highways, sidewalks, and paths that effectively accommodates vehicular and non-vehicular traffic in a manner that considers the context of surrounding land uses and the needs of all roadway users.”) Site access would be provided by way of Hanson Lane and Lone Tree Way, which (at this location) are minor local streets leading to retail and dining. Hanson Lane and Lone Tree Way will be extended by the project. In addition, three roadway connections would be constructed along Lone Tree Way, and one connection roadway would be constructed along Hanson Lane, to provide access to the proposed roadway network that would be constructed as part of the project. Sidewalks would be included on both sides of the streets to allow for pedestrian circulation

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Attachment 3

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5 throughout the project site. A new sidewalk would also be constructed along the southern side of Hanson Lane and extend outside of the project boundary in order to connect to the existing sidewalk. Full right-of way improvements would be constructed within the street, including utilities, curb gutter, and a separated sidewalk with a landscape strip.
b. Policy LU 1-4 (“Require new development to occur in a logical and orderly manner, focusing growth on infill locations and areas designated for urbanization on the Land Use Map and be subject to the ability to provide urban services, including paying for any needed extension of services.”) The proposed project is located within a developed area and will connect to adjacent existing infrastructure.

The project involves the construction of the necessary infrastructure to serve the proposed neighborhood and would include plans to connect to existing City infrastructure to provide water and sewer to the site. Storm water quality for the site will be achieved with a bioretention basin constructed at the eastern boundary of the site pursuant to Contra Costa County and State Water Control Resource Board regulations.
c. Policy LU 1-5 (“Encourage new development to be contiguous to existing development, whenever possible.”) The proposed project is contiguous to existing development. Full right-of-way improvements would be constructed within the street, including utilities, curb gutter, and a separated sidewalk with a landscape strip. The subdivision would be oriented in a similar pattern to the adjacent single-family subdivision, thus creating a fabric of viable and interrelated neighborhoods.
d. Action LU 2a. Density Transition Policy Action. Action LU 2a of the General Plan requires a density transition for proposed lots facing or abutting existing residential lots zoned Ranchette Estate or of one acre or more, such that the proposed lots have a minimum area of 20,000 square feet (sf). Given the presence of one acre lots west of the site, the proposed lots are required by this policy to have a minimum area of 20,000 square feet. The project meets this requirement on its western border by including three larger lots ranging from 21,100 sf to 21,200 sf. These larger lots would be accessed internally through the new subdivision and would back up to the existing Ranchette Estate residential development along Hanson Lane, along the western boundary of the site to comply with the General Plan provisions (Goal LU 2, Action LU 2a). This configuration would provide a visual buffer to minimize the impact of the development on the existing residents and protect the integrity of the existing land use patterns to the west.

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6 e. Finally, the project complies with other applicable elements of the General Plan as described in finding A(1) above.

3. That the site is physically suitable for the type of development.

The site is physically suitable for the type of development proposed by VTSM 9547 insomuch as the discharge of waste from the proposed subdivision will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board because the Permittee will be required to make the necessary improvements to tie in to the City’s stormwater and sewer facilities, as well as treat all stormwater runoff, and the design of the subdivision and the associated improvements is not likely to cause serious public health problems due to the fact that this project will be required to construct all of the necessary improvements needed to ensure a safe and healthy development, including all Federal, State, and local regulations. In addition, although a significant portion of the project is in a Special Hazard Flood Area “Zone AE,” the developer will be required to ensure finished pad elevations are at a minimum one foot above the 100 year base flood elevation by amending floodplain maps for their development.

4. That the site is physically suitable for the proposed density of development.

The site is physically suitable for the density of development proposed, in that it complies with the density allowed per the City’s General Plan and the State Density Bonus law. The project site is zoned PD-71, which allows for

5.0 units per acre and the General Plan land use designation is R-LD, which allows for 1.1 to 5.0 units per acre, with a mid-range of 3.0 units per acre.

Therefore, the proposed 19.73-acre project is allowed to build up to the base density of 98 dwelling units (Government Code § 65915 (o)(4). The applicant qualifies for and is invoking the State Density Bonus law, a state mandate that allows for a “density bonus”, an amount over and above the allowable residential density when a project includes a qualifying affordability component. Pursuant to the State Density Bonus law, 94 units are proposed, which will result in a density of 4.67 dwelling units per acre, which is within the density determined to be suitable for development of this site by the General Plan.

5. That the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat unless an Environmental Impact Report was prepared with respect to the project and a finding was made pursuant to subdivision (c) of Section 21081 of the Public Resources Code that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Environmental Impact Report.

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7 The design of the subdivision and the associated improvements have been analyzed for their impacts on the environment through the preparation of an initial study/mitigated negative declaration (IS/MND) and a Mitigation Monitoring and Reporting Program, which includes feasible mitigation measures to ensure that any impacts identified as potentially significant in the IS/MND, will be reduced to a less than significant level.

6. That the design of the subdivision or type of improvements is not likely to cause serious public health problems.

The design of the subdivision and the type of improvements proposed are not likely to cause serious public health problems due to the fact that this Project includes proposed improvements necessary to ensure a safe and healthy development, including adequate wastewater and potable water infrastructure, streets that meet the City’s specifications, street lighting, and compliance with Federal, State, and local regulations designed to protect public health.

7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

The design of the subdivision and the associated improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision as alternative access, utility, and irrigation facilities will be constructed, enabling continued service to properties serviced by existing easements.

B. Hereby finds that with respect to the density bonus requested by the Permittee pursuant to Brentwood Municipal Code Chapter 17.720 and Government Code §§ 65915-65918 (the “Density Bonus law”):

1. Qualification. The proposed project is proposing to provide five percent (5%) of the units for very-low income households, which meets the State’s Density Bonus Law threshold for a base density bonus (Government Code § 65915 (f)(2)(B)(1)(b)). The project qualifies for a density bonus, but is not seeking to develop above the density allowed by the City. The project is, however, requesting to utilize the concession and waivers allowed under the Law with respect to some of the zoning criteria. The City Council has reviewed the project’s eligibility for the requested incentives and concessions and finds that the Project qualifies for such concessions and waivers.

2. Satisfaction of requirements. The Project shall, by incorporation of the conditions set forth herein, comply with all requirements of Brentwood Municipal Code Chapter 17.720 and the Density Bonus law.

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8 3. Requested concession. The provision of five percent (5%) of the units for very-low income households, meets the State’s Density Bonus Law threshold for a base density bonus (Government Code § 65915 (f)(2)(B)(1)(b)). Although the City cannot impose the General Plan “midrange” policy, the applicant had originally requested a concession in order to exceed the midpoint point range. Having determined that there are no grounds under the law for denying this requested concession, the City Council grants this request.

4. Requested waivers. The Permittee has requested the following waivers.

Having determined that there are no grounds under the law for denying these requested waivers, the City Council hereby grants the following for the reasons stated below:

PD-71 Zoning
Standard Waiver Requested Analysis
1 The minimum lot
area is 5,000sf for
66 percent of the
lots on the 19.73‐
acre project site and
4,500 sf for thirty‐
three percent of the
lots on the project
site.

As currently proposed,
approximately 25
percent of the
proposed lots are
5,000 sf or more; 22
percent are between
4,500 sf and 5,000 sf;
and the remaining
approximately 52
percent are less than
4,500 sf.

Larger lot sizes would not
allow for the project to build
to the density permitted
under the Density Bonus
Law.
2 The front yard
setback shall be 15
feet as measured
from the property
line to any building
façade or side entry
garage and 20 feet
for any garage
facing the street
measured from the
property line to the
center of the garage
door.

Minimum front yard
reduced setback
On certain floor plans, a 15-
foot front set back would
preclude the ability to
provide the PD required
usable rear yard space and
would thus preclude
development of the project
as proposed.
3 The minimum side
yard setbacks for
single‐family
detached units shall
be a minimum of
five feet with a
minimum combined
total of 15 feet for
Minimum side yard
setback combined total
reduced to 10 feet.
15-foot combined side yards
would require significantly
smaller houses and/or the
development of significantly
wider lots, which would
physically preclude
construction of this Density
Bonus Law‐qualifying project

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9 PD-71 Zoning
Standard Waiver Requested Analysis
both side yards.

Corner lots shall
maintain a minimum
side yard on the
street side of ten
feet.
as proposed and would also
prevent attainment of the
density allowed by the
General Plan.
4 Maximum lot
coverage shall be 40
percent.

Maximum lot coverage
increased to 42
percent.

Compliance with this
development standard would
physically preclude
construction of the Density
Bonus Law‐qualifying project
as proposed.

C. Hereby approves Vesting Tentative Subdivision Map (VSTM 9547), including the requested density bonus concession and waivers, subject to the conditions of approval listed in Exhibit ‘A’, attached hereto and made a part of this resolution, and all City standards applicable to this project.

D. The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at 150 City Park Way in Brentwood, California. Planning Manager Erik Nolthenius is the custodian of records for the record of proceedings.

This permit shall terminate on October 24, 2025, unless actual construction begins prior to that date. However, such date may be extended by the Planning Commission upon application filed at any time before said expiration date.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at its regular meeting of October 24, 2023, by the following vote:

AYES:

NOES:

ABESENT:

RECUSE:

APPROVED:
______________________________
Joel R. Bryant
Mayor
ATTEST:

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10 __________________________________
Margaret Wimberly, MMC
City Clerk

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11 EXHIBIT ‘A’ TO
CITY COUNCIL RESOLUTION NO. 23-XXX

CONDITIONS OF APPROVAL FOR
VESTING TENTATIVE SUBDIVISION MAP (VTSM 9547)

1. The Applicant and Permittees, including all successors in interest (collectively, “Permittee”) shall comply with each and every condition set forth in the Permit. Vesting Tentative Subdivision Map (VSTM 9547) (the “Permit”) shall have no force or effect and no building permit shall be issued unless and until all things required by the below-enumerated precedent conditions have been performed. The Permittee shall develop the site in accordance with the approved attachments and as modified by these Conditions of Approval.

2. All applicable Standard Conditions of Approval for Tentative Subdivision Maps, dated May 2005, are hereby incorporated by reference and shall be complied with by the Permittee, unless modified by any of the conditions below.

3. The final map shall be substantially in conformance with Vesting Tentative Subdivision Map (VTSM 9547) prepared by CBG Civil Engineers dated “August 2022” and modified to include “Parcel B” as shown on plan dated “October 16, 2023” unless otherwise amended by the conditions of approval contained herein.

4. The approval of Vesting Tentative Subdivision Map (VTSM 9547) is effective only after adoption of the MND prepared to analyze the Project.

5. The Permittee shall indemnify, defend with counsel of the City’s reasonable choosing, and hold harmless City and its City Council, its boards and commissions, officials, officers, employees, and agents (the “Indemnified Parties”) from and against any third party claim, action, or proceeding against City and/or the Indemnified Parties to attack, review, set aside, void, or annul the City’s approval of the project approved herein, including adoption of VTSM 9547, and DR 21-006, and any environmental determination made with regard thereto, save and except to the extent caused solely by the City's sole or active negligence, or willful misconduct. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, reasonable attorneys' fees, and other reasonable expenses incurred in connection with such claim, action, causes of action, suit or proceeding. The Permittee shall pay to the City upon demand or, as applicable, on a monthly basis to counsel of City’s reasonable choosing, amounts owed pursuant to the indemnification requirements prescribed in this condition. City shall promptly notify the Permittee of any claim, action, or proceeding and shall engage in reasonable efforts to cooperate in the defense. To the extent the above indemnification is limited by Government Code Section 66474.9, any limitations shall only apply to VTSM 9547, and the remainder of this obligation shall be unaffected by said Government Code section.

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12 6. A significant portion of the project is in a Special Hazard Flood Area “Zone AE.” The developer shall ensure finished pad elevations are at a minimum one foot above the 100 year base flood elevation as shown on the latest Federal Emergency Management Agency (FEMA) floodplain maps for Contra Costa County, California. The developer shall be responsible for all necessary activities, applications, documentation and costs to amend floodplain maps for their development [Letter of Map Amendment (LOMA)], and for obtaining a Floodplain Permit from the City of Brentwood Floodplain Administrator for all projects on parcels identified in Zone ‘A’ on the FEMA Flood Insurance Rate Maps for the City of Brentwood. Applications for CLOMR shall be prepared and submitted by the developer prior to grading permit issuance or final map approval, whichever occurs first.

7. Permittee shall comply with all requirements of Brentwood Municipal Code Chapter 17.720 (“Density Bonus Program”) and Government Code 65915- 65918 (the State Density Bonus law).

8. Permittee shall comply with all requirements of Brentwood Municipal Code Chapter 17.725 (“Affordable Housing”), as effective on January 2022.

9. Permittee shall cause each and every mitigation measure set forth in the Mitigation Monitoring and Reporting Program for the Project to be fulfilled within the timelines set forth therein.

10. Prior to each building permit issuance, the Permittee shall comply with all applicable requirements of the Uniform Fire Code and the adopted policies of the Contra Costa County Fire Protection District (CCCFPD). The City’s Building Division shall review the building plans to ensure compliance.

11. Prior to building permit issuance, the Permittee shall provide an adequate and reliable water supply for fire protection with a minimum fire flow to the satisfaction of CCCFPD and the City of Brentwood.

12. The Permittee shall comply with the Public Art Program as approved by the City by paying the in-lieu fees consistent with Brentwood Municipal Code Chapter 2.44.

13. Permittee shall be subject to park in-lieu fees per the City’s 2019 Parks, Trails and Recreation Master Plan to the satisfaction of the Director of Parks and Recreation.

14. The Permittee shall submit detailed landscape and irrigation plans of front yard typical, open space areas, and bio retentions areas for review and approval prior to issuance of a building permit to ensure compliance with the City’s Water Efficient Landscape Ordinance subject to review and approval of the Planning Department.

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13 15. The Permittee shall comply with all applicable NPDES requirements, including C.3, per the current Contra Costa County Stormwater C.3 Guidebook, to the satisfaction of the Director of Public Works/City Engineer.

16. The Project shall be consistent with all applicable City’s General Plan Policies.

17. All improvements shall be designed and constructed; all permits issued; all fees paid; and all securities submitted pursuant to applicable Federal and state laws, the Subdivision Map Act, the Brentwood Municipal Code, the City Engineering Department’s Standard Plans and Specifications, and the City Engineering Department’s Engineering Procedures Manual.

18. Permittee and all construction plans and maps shall comply with Brentwood Municipal Code Title 8 “Health and Safety,” Title 9 “Public Peace and Welfare,” Title 12 “Streets, Sidewalks and Public Places,” Title 13 “Sewers,” Title 14 “Water,” Title 15 “Building and Construction,” and Title 16 “Subdivision and Land Development.” In particular:
a. Solid waste service shall comply with Brentwood Municipal Code Chapter

8.16 “Solid Waste.”
b. Construction and demolition work shall comply with Brentwood Municipal Code Chapter 8.40 “Construction and Demolition Debris Recycling.”
c. Permittee shall comply with Brentwood Municipal Code Chapter 9.32 “Noise Regulations.”
d. Permittee shall dedicate and improve any thoroughfare and/or collector street pursuant to Brentwood Municipal Code Chapter 12.04 “Street Widths.”
e. Permittee shall comply with the encroachment permit requirements pursuant to Brentwood Municipal Code Chapter 12.08 “Street Encroachments.”
f. Sewer backflow prevention, interceptors, and other health and safety requirements shall be incorporated into the project pursuant to Brentwood Municipal Code Chapter 13.04 “Sewer System – Rules and Regulations.”
g. Brine-discharging self-regenerating water softener systems are prohibited pursuant to Brentwood Municipal Code Section 13.04.022.B. h. Recycled water services shall comply with Brentwood Municipal Code Chapter 13.06 “Recycled Water Regulations.”

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14 i. Water service shall comply with Brentwood Municipal Code Chapters

14.01 “Municipal Water System” and Chapter 14.10 “Cross-Connection Control.” In addition and to comply with both health and safety requirements as well as the City’s Engineering Design Standards, all projects serving more than 25 units shall design and construct at least two independent points of potable water supply to the Project. j. Contractors requiring construction water shall obtain a temporary water permit and shall only take water metered at a location specified by the City Engineer pursuant to Brentwood Municipal Code Section 14.01.340 “Contractors.”
k. Permittee shall comply with the Federal Clean Water Act, the Municipal Regional NPDES Permit, and Brentwood Municipal Code Chapter 14.20 “Stormwater Management and Discharge Control.”
l. Fire access and aerial apparatus access shall comply with the requirements of the Fire District and Brentwood Municipal Code Chapter

15.06 “Fire Code.”
m. Special flood hazard areas shall comply with the requirements of Brentwood Municipal Code Chapter 15.07 “Flood Plain Management.” n. Grading shall comply with Brentwood Municipal Code Chapter 15.52 “Grading, Erosion and Sediment Control.”
o. All grading and noise generating activities shall be limited to the days and hours defined in Brentwood Municipal Code Section 15.52.060 “Grading Regulations.”
p. In addition to the indemnification obligation set forth above, Permittee shall indemnify the City pursuant to Brentwood Municipal Code Section

15.52.160 “City Held Harmless.”
q. Pursuant to Brentwood Municipal Code Section 16.070.030.B, review of a Final Map, certification and approval shall not proceed until the Improvement Plans (onsite and offsite) have been submitted and reviewed by and approved by the City Engineer.
r. Permittee shall obtain all required permits including, but are not limited to: buildings; sewer connections; encroachment; grading; use; business license; water connection; Army Corps of Engineers; Contra Costa County Flood Control; California Department of Fish and Wildlife pursuant to Brentwood Municipal Code Section 16.120.050 “Procedures.”
s. All storm drain, sewer, water and street systems shall be designed and sized to accommodate such additional flows, volumes or loads as may

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15 be contributed by the most intensive developed land use of the lands adjacent to or beyond the limits of the subdivision pursuant to Brentwood Municipal Code Section 16.120.080.
t. All public facilities shall be constructed and any existing deficiencies shall be corrected. This includes both required on- and off-site public facilities and any deficiencies on-site, abutting the parcel or parcels involved or required off-site to provide service to the proposed development or for the continued safety, health and well-being of the public upon completion of the development pursuant to Brentwood Municipal Code Section 16.120.090 “Public Facilities Installation.”
u. Utilities shall be installed underground pursuant to Brentwood Municipal Code Section 16.120.120 “Undergrounding – Electric, Communication, Street Lighting and Advanced Technology Systems.”
v. All landscaping installed by the project shall be from trees and plants selected from the City Approved Drought Tolerant and Native Plant List with the exception of bioretention facilities which shall conform to Appendix B of the Contra Costa Clean Water Program C.3 Guidelines, to the satisfaction of the Director of Parks and Recreation and City Engineer.
w. Permittee shall make all land dedications pursuant to Brentwood Municipal Code Sections 16.140 and 16.150.

19. Prior to issuance of an encroachment permit or approval of Improvement Plans:
a. Construction plans shall include the following improvements:
i. Upsizing of the existing 8-inch to a 12-inch water line on Lone Tree Way from the project to Arroyo Seco Road and installation of a parallel 10-inch water line on Lone Tree Way from Arroyo Seco Road to Brentwood Boulevard consistent with the Water Master Plan.
ii. Paved access from Hanson Lane to the City’s Ground Water Well #8 for maintenance vehicles, black steel fencing around the perimeter, and access gates to the satisfaction of the City Engineer.
iii. Installation of sidewalk on Hanson Lane between the project site and the existing sidewalk terminus on Hanson Lane.
b. Permittee shall acquire any necessary approval from affected property owner(s) to construct Hanson Lane as shown on the Tentative Map.

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16 c. Permittee shall make reasonable efforts to coordinate designs to provide access onto the Lone Tree Way extension with adjacent property owners north of the project to the satisfaction of the City Engineer. d. Construction Plans shall include all utilities, including, but not limited to, meters, hydrants, poles, signs, clean-outs and boxes to be located clear of all trails, sidewalks and driveways or as determined by the City Engineer.
e. Construction Plans shall include all utilities, especially over bridges, designed with seismic considerations to the satisfaction of the City Engineer.
f. Permittee shall submit a colored Composite Site Exhibit showing the location of all existing and proposed utilities, utility boxes, landscaping, monuments, street improvements, lights, signs, driveways, house envelopes, fencing, grading contours, walls, easements, property lines, and other improvements as required at a sufficient scale to allow a comprehensive review of proposed improvements.
g. Construction Plans shall note that construction of all gravity utilities (i.e. storm drain, sewer) to always commence at the downstream connection and proceed to the upstream terminus.
h. Construction Plans shall demonstrate that all public gravity utilities (i.e. storm drain, sewer) are designed to positively and completely drain by gravity without relying on any electro-mechanical means (i.e. pumps, lift stations and siphons) to the satisfaction of the City Engineer. i. Construction Plans shall include cathodic protection measures for all buried metallic infrastructure pursuant to City Standards or as approved by the City Engineer.
j. Construction Plans shall include all proposed storm drain inlets to include and update existing storm drain inlets along the project frontage with “No Dumping – Drains to Creek” thermoplastic stencils to the satisfaction of the City Engineer.
k. Permittee shall obtain approval from the City Engineer on the Project Operation and Maintenance Manual for all stormwater control systems.

Said Manual shall comply with all applicable Municipal Regional NPDES Permit requirements including, but not limited to, maintenance, sediment removal, weed and trash abatement, and the use of chemicals. l. Construction Plans shall include all landscaping with adequate root barriers to protect all City facilities, including but not limited to sidewalks, utilities, meters, ramps, and driveways.

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17 m. Permittee shall have a licensed Land Surveyor locate all existing survey monuments on or adjacent to the project, and show said monuments as protected on all construction plans.
n. Construction Plans shall include a Traffic Control Plan in conformance with the latest edition of the Manual of Uniform Traffic Control Devices issued by Caltrans and as required by the City Engineer. o. Construction Plans shall include Emergency Vehicle Access areas to comply with the requirements of the Fire District, and that ingress and egress is provided to all neighboring properties during construction. p. Construction Plans shall incorporate roadways and driveways that provide adequate sight distance pursuant to City and Caltrans design requirements. All landscape areas required to have restrictions to comply with sight distance requirements shall be shown on applicable Construction and Plot Plans.
q. Construction Plans shall incorporate all-weather vehicular access from a public road to all proposed and existing public storm drain, sewer, water, and non-potable water mains, appurtenances, and easements subject to approval of the City Engineer.

20. Prior to issuance of a grading permit:
a. The height and location of all existing and proposed retaining walls shall be shown on the Grading Plans. Retaining walls over three feet in height shall be structurally engineered, and shall require separate building permits. All retaining walls shall include a sub-drain system to the satisfaction of the City Engineer.
b. Construction Plans shall demonstrate with plans, analysis, or other documentation signed and stamped by a licensed Civil Engineer that there is adequate overland drainage release to an adequate public drainage facility to the satisfaction of the City Engineer. Permittee shall acquire drainage easements, if necessary.
c. Grading Plans shall include a sufficient number of cross-sections adjacent to creeks, floodplains, and wetland areas showing the proximity of these features to proposed grading and building foundations to the satisfaction of the City Engineer.
d. Grading Plans shall clearly identify the location of all wetlands, creeks, creek setbacks, trees (both to be removed and to be protected). e. Pursuant to Brentwood Municipal Code 15.070.320, Grading Plans shall identify any special flood hazard area and the elevation of the base flood.

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18 f. Permittee shall secure all required regulatory permits and construct all required drainage facilities, including all storm drain outfalls into creeks. g. Permittee shall provide approved hydrology and hydraulic calculations signed by a licensed engineer demonstrating that the Project will adequately collect and convey all runoff within the Project as well as the entire developed watershed upstream of the Project pursuant to Brentwood Municipal Code 16.120.080C. The analysis shall include conveyance capacity of Marsh Creek.

21. Prior to approving the Final Map:
a. Final Map shall comply with the current Subdivision Map Act. b. The Project shall annex into the most current City Community Facilities District, and annex into, or form a street lighting and landscape maintenance assessment district, or provide and execute an alternative funding mechanism acceptable to the City for the maintenance of City improvements.
c. The Project shall annex into the most current Emergency Medical and Fire Protection Service Community Facilities District as required by the Contra Costa County Fire Protection District.
d. Permittee shall provide for an adequate private funding mechanism for the perpetual maintenance of all stormwater NPDES treatment areas, storm drains, private streets, landscaping, emergency vehicle access, mailboxes and other common interest development improvements to the satisfaction of the City Engineer. Permittee shall dedicate streets and parcels with said facilities to a Homeowners Association or similar private entity in fee.
e. Final Map shall include approved street names by the Fire District and Community Development Department. All public streets shall be irrevocably offered for dedication.
f. All applicable City fees shall be paid including, but not limited to, the Agricultural Mitigation Fee, the Contra Costa Flood Control and Water Conservation District Fee.
g. Final Map shall show relinquishment of abutter’s rights of access adjacent to all accessible ramp locations.
h. For all common interest developments, Permittee shall submit a copy of the draft Covenants, Conditions and Restrictions for City review and approval, which approval shall not be unreasonably withheld.

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19 22. Prior to issuance of any Building Permits:
a. All on-site improvements shall be constructed prior to the issuance of any building permit in each phase (excluding model homes). The improvements shall include, but is not limited to pavement, curb, gutter, sidewalk, street lights, utilities and walls to the satisfaction of the City Engineer.
b. Permittee shall pay all Development Impact Fees pursuant to, or otherwise comply with the latest City of Brentwood Development Impact Fee Program.
c. Permittee shall provide documents signed by a licensed engineer on building pad elevation, compaction, and appropriate remediation from unsuitable soils.
d. Permittee shall demonstrate that all acoustic mitigations have been incorporated into applicable plans.

25. The developer shall dedicate, in fee, to the City of Brentwood, Parcel “B” (.63 acre park) as shown in the plan prepared by CBG Civil Engineers dated “October 16, 2023”. Parcel “B” (.63 acre park) shall be improved to the satisfaction of the City Engineer, the Director of Parks and Recreation, and the Community Development Director, or their designees. The timing of these improvements shall be consistent with the conditions of approval contained herein. Maintenance of these improvements shall be included in the Landscape and Lighting District for this project.

26. The developer shall be allowed to fee out and not construct the remaining .88 acres of park under the City’s standard of 5 acres per 1,000 population. These in-lieu fees shall be the current fee in effect and paid at the time of grading permit issuance to the satisfaction of the Director of Parks and Recreation and City Engineer or their designees.

27. Parcel “B” (.63 acre park) shall be constructed and completed by the developer to the satisfaction and approval of the City Engineer, Director of Parks and Recreation and the Community Development Director, or their designees, prior

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Brentwood City CouncilOctober 24, 2023

Brentwood City Council
October 24, 2023