City Council - February 27, 2024
A.
CALL TO ORDER & ROLL CALL
B.
PLEDGE OF ALLEGIANCE
C.
REPORT ON CLOSED SESSION
D.
PUBLIC COMMENTS
Pursuant to Council/Administrative Policy, Meeting Rules and Procedures section 5.2 (Decorum Generally – Public), comments by members of the public are generally limited to five minutes, or less time if a large number of speakers is anticipated, or if approved by the Mayor. Speakers desiring answers to questions should direct them to the Council/Successor Agency and, if relevant, they may direct them to the appropriate staff member. Speakers can also follow up directly with staff during regular City business hours.
Please file a speaker’s card with the City Clerk on the form provided on the counter at the back of the Chambers.
During this portion of the meeting those present in the Council Chambers are permitted to speak on items that are listed under Presentations; Informational Reports; Consent Calendar; Requests for Future Agenda Items- New Items; or items not on the agenda during this portion of the meeting. Public comments for scheduled agenda items should wait until that time.
Zoom participation during this general public comment period will not be accepted.
E.
INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS, AND STAFF This portion of the agenda is to provide an opportunity for Council Members to report on attendance at events, subcommittee meetings, and entities on which the Council Member has been appointed as a liaison and for staff to provide brief updates and/or information to the City Council.
F.
CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by one motion. If discussion is required, that particular item will be removed from the consent calendar and will be considered separately.
F.1
Minutes of the City Council/Successor Agency meeting of February 13, 2024
1. Meeting Minutes - CCM_Feb13_2024.pdf
F.2
Proclamation Proclaiming March as Women's History Month
1. Women's History Month 2024.pdf
F.3
Proclamation Proclaiming March as Red Cross Awareness Month
1. Red Cross Month 2024(1).pdf
F.4
Meals on Wheels Diablo Region operation of the senior nutrition program at the Brentwood Senior Activity Center.
1. Meals on Wheels MOU - Parks Recreation-2024-45.pdf
2. Previous Action(2).pdf
3. Resolution.pdf
4. Memorandum of Understanding.pdf
5. Use of City Funds Policy 10-12 - Redline.pdf
Title/Recommendation
Staff recommends the City Council Adopt a Resolution:
Approving a Memorandum of Understanding (“MOU”) with Meals on Wheels Diablo Region (“MOWDR”) for the senior nutrition program at the Brentwood Senior Activity Center; Approving a fee waiver for MOWDR’s use of City facilities for FY 2024/25 and FY 2025/26.
Amending the Use of City Funds Policy 10-12 to replace “Contra Costa County Senior Nutrition Program” with “Meals on Wheels Diablo Region” as shown in the attached policy.
Approving the replacement of Contra Costa County Senior Nutrition Program with Meals on Wheels Diablo Region to receive the FY 2023/24 payment in the amount of $26,000.
F.5
Annexation #15 to Community Facilities District No. 5
1. Initiation of Annexation No. 15 to CFD No.5 - Engineering-2024-05.pdf
2. 1. Previous Action(2).pdf
3. 2. Citywide CFD Exhibit.pdf
4. 3. Resolution Approving Annexation 15 with Boundary Map.pdf
5. 4. Resolution of Intention to Annex Territory and Set Public Hearing.pdf Title/Recommendation
Staff recommends the City Council Adopt a Resolution approving Annexation #15 Boundary Map for City of Brentwood (“City”) Community Facilities District (“CFD”) No. 5.
Staff also recommends the City Council Adopt a Resolution declaring the intent to annex territory to Community Facilities District No. 5, levy a special tax in such territory and set a date of April 9, 2024, at 7:00 p.m., or as soon thereafter as the matter may be heard, for the Public Hearing.
F.6
Informational Report on Final Map of Subdivision No. 9535, Orchard Grove, developed by Shea Homes, LP, and associated Subdivision Improvement Agreement
1. Informational Report for Final Map for 9535 Orchard Grove, Shea Homes - Engineering-2024-06.pdf
2. 1. Previous Action.pdf
3. 2. Site Map.pdf
4. 3. Approved Final Map.pdf
Title/Recommendation
Receive and file an informational report on Final Map approval by the City Manager of Subdivision No. 9535, Orchard Grove, developed by Shea Homes, LP, located east of Adams Lane, directly north of the intersection of Lone Oak Road and Gracie Lane (APN 016-040-005), and associated Subdivision Improvement Agreement.
F.7
2024 Park and Recreation Commission Commissioner Recommendations
1. Recommendation of Candidates for the Park and Recreation Commission- Parks Recreation-2024-46.pdf
2. Park and Recreation Commission Applications.pdf
Title/Recommendation
Consider the recommendation of Blythe Lind and John Tomei to the Park and Recreation Commission by Mayor Bryant for three-year term expiring on December 31, 2026, and Michelle Gallardo for a two-year term expiring on December 31, 2025.
F.8
2024 Arts Commission, Commissioner Recommendations
1. Recommendation of Candidates for the Arts Commission - Parks Recreation-2024-47.pdf
2. Attachment 1 Arts Nina Koch District 2 Redacted.pdf
3. Attachment 2 Arts Bryan Stewart District 3 Redacted.pdf Title/Recommendation
Consider the recommendation of Nina Koch and Bryan Stewart to the Arts Commission by Mayor Bryant for a three-year term expiring on December 31, 2026.
F.9
Award of contract to Unlimited Environmental, Inc. for the Brentwood Boulevard Widening North – Phase I (Building Demolition)
1. Award Brentwood Blvd Widening North - Phase I (Bldg Demolition) - Engineering-2024-03.pdf
2. 1. Previous Action(1).pdf
3. 2. Resolution.pdf
4. 3. Contract.pdf
5. 4. CIP Sheet.pdf
Title/Recommendation
Staff recommends that the City Council adopt a Resolution approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a contract and necessary documents for the Brentwood Boulevard Widening North – Phase I (Building Demolition), CIP Project No. 336-31620, (“Project”) with Unlimited Environmental, Inc. (“UEI”) as the lowest responsible and responsive bidder in the amount of $55,405, plus funding authorization for a 20% contingency of $11,081, for a total funding authorization not to exceed amount of $66,486.
F.10
An amendment to Title 17 (Zoning) of the Brentwood Municipal Code regarding oil and gas regulations
1. Oil and Gas Ordinance - Second Reading - Community Development-2024-14.pdf
2. Previous Action - Oil and Gas Ordinance.pdf
3. Ordinance No. 1067.pdf
Title/Recommendation
Waive the second reading and adopt Ordinance No. 1067 removing oil and gas development as conditionally permitted uses in Planned Development District No. 17 and Planned Development District No. 55, requiring oil and gas development uses to be expressly listed as permitted or conditionally permitted uses in a district to be permitted or eligible for conditional use permits, amending oil and gas production regulations, and finding the action exempt from CEQA (RZ 23-003).
Adoption of the ordinance is a discretionary action by the City Council and; therefore, subject to consideration under the California Environmental Quality Act (CEQA). The ordinance has been assessed in accordance with the authority and criteria contained in CEQA, the State CEQA Guidelines, and the environmental regulations of the City. Pursuant to CEQA and the CEQA Guidelines, it has been determined that the ordinance is exempt from CEQA, including without limitation, requirements for CEQA review, pursuant to the following exemptions: the “common sense” exemption under CEQA Guidelines Section 15061(b)(3) and the categorical exemption under CEQA Guidelines Section 15308 for Class 8 – Actions by Regulatory Agencies for the Protection of the Environment.
G.
PUBLIC HEARINGS
Persons addressing the City Council using Zoom are asked to raise their hands using the Zoom feature. Those attending in person and wishing to address the Council may do so from the podium. The Council may adopt reasonable regulations at the onset of the public hearing to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the public hearing shall follow the protocol for Public Comments.
G.1
Application for Vesting Tentative Subdivision Map and Design Review approval for the Lone Tree Way residential project.
1. DR22-005 - TSM22-9597 - Lone Tree Residential - Community Development-2024-12.pdf
2. Previous actions.pdf
3. Draft Resolution, MND.pdf
4. Draft Resolution, VTSM 9597.pdf
5. Draft Resolution, DR 22-005.pdf
6. PC Staff report.pdf
7. Project Plans (as proposed by applicant).pdf
8. PC recommended Master Plotting plan.pdf
9. Wing Lots.pdf
10. Public Comment, Leanne Alfaro.pdf
11. Vested Ordinance.pdf
12. Applicant Letter to CC.pdf
13. Alternate Plan.pdf
14. CEQA Memo.pdf
15. Comparison Matrix.pdf
Title/Recommendation
The Planning Commission recommends that the City Council approve the project by adopting three separate resolutions: one adopting a Mitigated Negative Declaration for the project (SCH#20231003390); one approving a Vesting Tentative Subdivision Map (VTSM 9597) for the subdivision of a 16.32-acre parcel into 37 single-family residential lots; and one approving a Design Review application (DR 22-005), subject to certain findings and conditions.
The Planning Commission’s recommendation includes approval of a subdivision map to create 37 single-family residential lots, including two sets of duets, a public park, a new private internal roadway system, and other related on-site and off-site improvements. The project qualifies for a density bonus pursuant to the ), but the project will not exceed the density allowed by the General Plan. Rather, the project will utilize waivers/reductions from certain City standards, as allowed by the SDBL. The project also includes a design review application (DR 22-005) for the homes to be constructed on the lots. The project is located at 7590/7650 Lone Tree Way, just east of O’Hara Avenue (APN 018-060-006 and -007). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=65915&lawCode=GOV As noted below, the project that the Planning Commission recommended approving is slightly modified from what the applicant proposed. As noted below, the applicant subsequently suggested further modifications to the project for the City Council’s consideration.
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 individual conditions of approval where appropriate.
G.2
Brentwood Municipal Code Amendments to repeal and replace Local Density Bonus Regulations and Reference State Density Bonus Law, as well as modify the definition of Low-income household.
1. Density Bonus Ordinance 1st Reading - Community Development-2024-11.pdf
2. Attachment 1 - Previous Action.pdf
3. Attachment 2 - Draft Ordinance 1st Reading.pdf
Title/Recommendation
Staff recommends that the City Council waive the first reading and introduce an ordinance approving an amendment (Rezone No. 23-005) to the Brentwood Municipal Code by repealing and replacing Chapter 17.720 (Density Bonus Program) to implement State Density Bonus Law and adopt Government Code Sections 65915–65918 by reference, as well as modifying Section 17.725.002 (Definitions) of the City’s Affordable Housing Ordinance to modify the definition of Low-income household.
These text amendments are exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.
H.
BUSINESS ITEMS
Persons addressing the City Council using Zoom are asked to raise their hands using the Zoom feature. Those attending in person and wishing to address the Council may do so from the podium. The Council may adopt reasonable regulations at the onset of each business item to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the item shall follow the protocol for Public Comments. Public comment on each of the following items is limited to what is described in the specific agenda item.
H.1
Two ordinances to regulate non-motorized sidewalk vending and mobile vending from motorized vehicles on public and private property, and direction to staff regarding new regulations in the Zoning Ordinance for longer-term mobile vending facilities.
1. Sidewalk Vending Ordinance and Mobile Vending Ordinance - Community Development-2023-35.pdf
2. Previous Action(1).pdf
3. BMC Chapter 5.68 Mobile Vending.pdf
4. Sidewalk Vending ordinance.pdf
5. Mobile Vending Ordinance.pdf
Title/Recommendation
Introduce, read by title only, and waive further reading of:
1) An Ordinance of the City Council of the City of Brentwood, Amending the Definition of “Peddler” in Section 5.48.020 and Adding Chapter 5.64 to the Brentwood Municipal Code; Imposing Regulations on Sidewalk Vending in Compliance With Senate Bill 946; Amending Section 7.02.210 Regarding Vendors in Parks; and Determining the Ordinance to be Exempt from CEQA. 2) An Ordinance of the City Council of the City of Brentwood Repealing and Replacing Chapter 5.68 of the Brentwood Municipal Code Regarding Mobile Vending and Declaring the Ordinance to be Exempt from CEQA.
The two Ordinances are exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as they are not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 Cal. Code Regs. § 15378(a). Further, the Ordinances are exempt from CEQA as there is no possibility that either Ordinance or their implementation would have a significant negative effect on the environment. 14 Cal. Code Regs. § 15061(b)(3).
In addition, the City Council is asked to provide direction to staff regarding whether to create new regulations in the Zoning Ordinance (Title 17) for longer-term mobile vending facilities as part of the focused Zoning Ordinance update already underway.
I.
REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Members wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for the next Council meeting
J.
REQUESTED FUTURE AGENDA ITEM(S)
J.1
Consider a Request from Council Member Mendoza for changes to the calendar on the City’s website.
1. Requested Item Mendoza Website Calendar - City Manager-2024-17.pdf
2. Previous Action-.pdf
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza from the February 13, 2024, Council Meeting to consider changes to the City’s website to reduce the two calendars to one.
J.2
Consider a request from Council Member Mendoza for City Council access to the Human Resource files of the City Council’s direct reports.
1. Requested Item Mendoza Human Resource Records - City Manager-2024-18.pdf
2. Previous Action.pdf
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza from February 13, 2024, Council Meeting to consider the request related to Council Members having access to the Human Resource files of the Council’s two direct reports.
K.
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 February 22, 2024, 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