RECORDING REQUESTED BY,
AND WHEN RECORDED RETURN TO:
City of Brentwood
150 City Park Way
Brentwood, CA 94513-1164
Attention: City Clerk
___________________________________________________________________________ [SPACE ABOVE FOR RECORDER’S USE ONLY]
APN: 013-232-006
This document is exempt from Recording Fees pursuant
to California Government Code Section 6103 & 27383
DECLARATION OF COVENANTS AND RESTRICTIONS
(CALIFORNIA GOVERNMENT CODE SECTION 54233)
If ten (10) or more residential units are developed on the real property described on Exhibit “A” attached hereto, then not less than 15 percent of the total number of residential units developed on the property shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or affordable rent, as defined in Section 50053 of the California Health and Safety Code, to lower income households, as defined in Section 50079.5 of the California Health and Safety Code. Rental units shall remain affordable to and occupied by lower income households for a period of 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of 65915 of the California Government Code. These requirements shall be covenants or restrictions running with the land and shall be enforceable against any owner who violates such covenants or restrictions and each successor-in-interest who continues the violation by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the California Government Code.
CITY OF BRENTWOOD, a municipal corporation
Date: By:
Name:
Title:
EXHIBIT “A”
LEGAL DESCRIPTION OF PROPERTY
APN: 013-232-006
[TO BE ADDED]
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Contra Costa )
On this ____________day of _______ in the year ______, before me, (insert name and title of the officer), personally appeared ____________,who proved to me on the basis of satisfactory evidence to the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ________________________________ (Seal)
CITY COUNCIL AGENDA ITEM NO. G.3
08/27/2024
SUBJECT: Approve the temporary pickleball courts overlay on the basketball court at Pioneer Park.
DEPARTMENT: Parks and Recreation
STAFF: Bruce Mulder, Parks and Recreation Director
Aaron Wanden, Park Maintenance Manager
TITLE/RECOMMENDATION
Approve a recommendation by the Park and Recreation Commission to have staff proceed with striping of two pickleball courts and other improvements for a pilot pickleball program.
FISCAL IMPACT
The improvements would have a total estimated cost of $650, excluding staff time.
If approved, the improvements would be funded by the General Fund, which has sufficient FY 2024/25 budget for the expenditure.
Details of the estimated cost are as follows:
Paint (striping of courts) $250
Knaack Box $0
Portable Nets $0
Signage $400
Total Estimated Cost $650
BACKGROUND
In early 2016, four (4) future City parks in the Trilogy project came to the Park and Recreation Commission subcommittee for conceptual plan review. Three (3) of the parks were subsequently approved by the Commission in June of 2016 and the fourth, Pioneer Park, was sent back to the developer for revisions and with the directive to coordinate the design with the College District who was in the planning stages of their future Brentwood campus. Some of the comments included were removing the proposed lake feature, including a shade structure over the amphitheater, including a half basketball court, coordinating a park entry along the same axis as the college main entry, and removing the graded berm in the park adjacent to the college.
CITY COUNCIL AGENDA ITEM NO. G.3
08/27/2024
On June 6, 2018, members of the Parks/Projects Subcommittee for the Trilogy Vineyards at Marsh Creek, met to review the revised conceptual plan for Pioneer Park.
Subsequently, another meeting was held on June 18, 2018 that included Ray Pyle, a representative from the College District, Jeff Davies of Shea Homes, the landscape architect that designed the park plan, Fred Price of Randall Planning and the Parks/Projects Subcommittee. After some discussion about the park programming, the amenity interfaces necessary with the adjacent college uses, and community needs, the plan was revised to include:
1. Amphitheater with shade structure.
2. Study areas with tables, benches and shade structures.
3. Expanded half-court basketball court with accommodation for two (2) pickleball courts.
4. Expanded dog park with decomposed granite, grass, shade structures and play equipment.
5. Opportunities for public art at both park entry plazas.
6. Additional shade trees adjacent to lawn sports area and dog park.
7. Two (2) drinking fountains (one at the dog park and one between the amphitheater/study areas and basketball/pickleball courts).
8. Seat wall at entry plaza.
The Park and Recreation Commission approved the conceptual park plan on July 26, 2018, incorporating revisions discussed during the June 18, 2018 meeting. For reasons unbeknownst to current staff, the two pickleball courts were never included in the final drawings for Pioneer Park and were not incorporated into the basketball court design.
The Park and Recreation Commission on July 25, 2024 approved the following improvements to be made:
Striping of the courts for pickleball play.
The intent of this project is to be similar to the previously successful pilot program that was conducted at Creekside Park.
Staff will provide a Knaack box on site for storage of the mobile netting that was utilized at the temporary Creekside Park Pickleball project. Residents will be able to set up and take down the netting at their own leisure when using the courts.
Signage will be present to instruct the users on how to do so. Signage will also be present with respect to the shared use of the courts. (Basketball and Pickleball)
CITY COUNCIL AGENDA ITEM NO. G.3
08/27/2024
Staff feels there is ample parking along the perimeter of the park and at the college to support this modification. Should there be a need, staff could set up temporary fencing that was used at another site previously to prevent the pickleballs from rolling away.
Should this request be approved by City Council, staff will work with the Park and Recreation Commission to come up with a schedule for the dual use that is reasonable. At this time the court is open from dawn and closed at dusk like all other City parks without lighting at the courts.
CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.
PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.
DATE OF NOTICE
Not Applicable.
ENVIRONMENTAL DETERMINATION
Not Applicable.
ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:
1. Do not approve staff’s recommendation: The basketball courts will remain as is without any modifications.
2. Continue item with direction for staff to return with additional information.
ATTACHMENT(S)
1. Previous Action
2. Conceptual park plan for Pioneer Park
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 December 12, 2006, by Resolution No. 2006-297, City Council ordered the formation of Landscape & Lighting Assessment District No. 06-3 (Vineyards), ordering improvements, and confirming the diagram and assessments for the District as shown in the Formation of Landscape and Lighting Assessment District No. 06-3 (Vineyards) in the Final Engineer’s Report for the Consolidated Landscape and Lighting Assessment Districts for Mid-Year Fiscal Year 2006/2007 pursuant to the Streets and Highways Code “Landscaping and Lighting Act of 1972” and Proposition No. 2018.
On January 11, 2011, the City Council adopted Ordinance No. 886, approving an amendment to the Development Agreement for The Vineyards at Marsh Creek project (DA 04-01-A1) (the “First Amendment”).
On December 11, 2012, the City Council adopted Ordinance No. 908, approving a second amendment to the Development Agreement for The Vineyards at Marsh Creek project (DA 04-01-A2) (the “Second Amendment”). The Original Development Agreement, First Amendment, and Second Amendment are collectively referred to herein as the “Development Agreement.”
On May 24, 2016, by Resolution No. 2016-67, City Council approved the Vesting Tentative Subdivision Map for Subdivision 8796, as submitted by the Developer.
On December 21, 2021, the City Council adopted Resolution 2021-157 approving the execution of a Public Improvement Agreement with Trilogy Vineyards LLC to memorialize the terms for the completion of outstanding improvements following the expiration of the existing Development Agreement on January 1, 2022.
On August 22, 2023, the City Council adopted Resolution 2023-106 accepting Park and Landscaping Improvements on Parcel ‘SS’ (Pioneer Park) and Miwok Avenue Entry of the Vineyards Development (Subdivision 8796) for Maintenance by the City and Requesting the City Clerk to File this Resolution with the Recorder of Contra Costa County.
CITY COUNCIL AGENDA ITEM NO. G.4
08/27/2024
SUBJECT: Review of City Council and Commission process for public comments to reduce hate speech and the use of virtual platforms for public comments; and consider drafting a statement of values DEPARTMENT: City Manager’s Office
STAFF: Darin Gale, Assistant City Manager
Tim Ogden, City Manager
TITLE/RECOMMENDATION
Provide direction to staff regarding the process for public comments made at City Council and Commission meetings and the use of virtual platforms for public comments; and direct to staff to work with the Diversity, Equity, Belonging and Inclusion Committee to draft a City Council statement of values.
FISCAL IMPACT
There is no fiscal impact associated with this action at this time.
BACKGROUND
On October 1, 2023, the City Council updated the City Council Meeting Rules and Procedures Policy and provided direction to staff to allow for continued virtual public comments for agenized items only. Public comments on items not on the agenda would be take in person only, to protect the City from what is described by many as being “Zoom bombed” with hate speech. Based upon the current process, the City was protected from being Zoom boomed with hate speech on three separate occasions.
At the March 12, 2024, City Council meeting, a future agenda item was approved to spend staff time and resources to determine what additional steps could be taken to limit hate speech during City Council meetings, allow for virtual public comments and create a City value or mission statement. Staff reviewed a number of steps that have been taken around the region and throughout the state to limit hate speech during public comments. In reviewing other city processes referenced by the City Council, staff was unable to find a staff report or council meeting where legal counsel
CITY COUNCIL AGENDA ITEM NO. G.4
08/27/2024
supported a process that recommended restricting a person from exercising their First Amendment rights.
It is important to note that the First Amendment to the U.S. Constitution protects most forms of speech or expression in a limited public forum such as City Council meeting, providing:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
The City Council’s current public comment framework does not infringe upon this right. Members of the public who choose not to attend City Council or City Commission meetings may still express themselves regarding items not on the agenda through a number of avenues, including email, traditional mail, and telephonic messages.
The United States Supreme Court has found that “speech on public issues occupies the ‘highest rung of the hierarchy of First Amendment values’ and is entitled to special protection.” (Snyder v. Phelps (2011) 562 U.S. 443, 452, internal citations omitted.) According to the Court:
Speech deals with matters of public concern when it can “be fairly considered as relating to any matter of political, social, or other concern to the community,” [citation omitted] or when it “is a subject of legitimate news interest; that is, a subject of general interest and of value and concern to the public.” [Citations omitted.] The arguably “inappropriate or controversial character of a statement is irrelevant to the question whether it deals with a matter of public concern.” In addition, the Brown Act (the State’s open meeting law) specifically protects speakers at public meetings who wish to criticize the body’s policies, procedures, programs, or services of the agency, or the acts or omissions of the legislative body. (Government Code § 54954.3(c).) The Brown Act specifically addresses meeting disruptions in a number of ways:
1. Adoption of reasonable regulations. The law allows bodies subject to the Act to adopt reasonable regulations to ensure that the public has the opportunity to address the body and individuals do not disrupt the
CITY COUNCIL AGENDA ITEM NO. G.4
08/27/2024
proceedings. These regulations may include rules limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker. (Government Code § 54954.3(b)(1).) In the context of a limited public forum, such as a public meeting, such regulations are reviewed for whether they constitute reasonable time, place, and manner restrictions, and any content-based prohibitions must be narrowly drawn to carry out a compelling governmental interest. (See, e.g., Kindt v. Santa Monica Rent Control Board (1995) 67 F.3d 266, 271, finding that “limitations on speech at those meetings must be reasonable and viewpoint neutral, but that is all they need to be.”)
2. Removal of disruptive speakers. The law also allows for speakers to be removed if the speaker’s behavior is disrupting the meeting and the speaker does not heed a warning to cease such behavior. (Government Code § 54957.95.) Under these provisions, “disrupting” is very narrowly defined to mean:
engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following:
(A) A failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to [Government Code] Section 54954.3 or any other law.
(B) Engaging in behavior that constitutes use of force or a true threat of force.
For these purposes, a “true threat of force” is “a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.”
3. Clearing disruptive groups. Moreover, if a group or groups of individuals interrupt a public meeting subject to the Brown Act “so as to render the orderly conduct of such meeting infeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting,” the body’s members may order the meeting room cleared in order to allow the meeting to continue. In that event, members of the press or other news
CITY COUNCIL AGENDA ITEM NO. G.4
08/27/2024
media (except those participating in the disturbance) must be allowed to attend the meeting as it continues. (Government Code § 54967.9.) Notably, the Brown Act does not define – or explicitly prohibit - ‘hate speech.’ Working within this legal framework, cities are left with a limited array of tools to combat hate speech. Cities can encourage speakers to engage in constructive, rather than abusive, dialogue. Councils can also model good behavior by remaining civil and constructive, even when there are disagreements. What the Council cannot do is entirely stop or stifle constitutionally protected speech it disagrees with, even if that speech is inconsistent with the Council’s norms for civil discourse. However according to at least one California Attorney General opinion1, the legislative body of a local agency may prohibit members of the public, who speak during the time permitted on the agendas for public expression, from commenting on matters that are not within the subject matter jurisdiction of the legislative body.
Currently, the City Council allows public comment to occur both in person and virtually through Zoom for all agenized items, but does not allow Zoom public comments for items not on the agenda. The vast majority of verbal attacks across the state and country have occurred virtually, not in person, and during public comments for items not on the agenda. The City is not required to offer public participation via Zoom or any other virtual platform when public meetings are taking place and all members are participating in person. Virtual participation was instituted during the early days of the pandemic, when it was judged unsafe to meet in person and the public needed a way to participate; it has been carried over as a courtesy by the City Council. The majority of local governments across the state are not allowing virtual public comments at this time.
Options to reduce opportunities for hate speech
The City Council is in support of continuing to allow for virtual public comment for items on the agenda and expressed interest in expanding virtual comment for items not on the agenda. Below are options for the City Council to consider. None of the options below will stop future hate speech entirely, but are rather tools that might discourage or protect residents from having to listen to the comments.
1 78 Ops. Cal. Atty Gen. 224 (1995)
CITY COUNCIL AGENDA ITEM NO. G.4
08/27/2024
Option Action Discussion
A Include a statement discouraging
hate speech on the agenda and
have the Mayor or Chair read the
statement at the beginning of each
meeting and repeat the statement
as needed during the meeting.
Attachment 2 includes examples of
statements for City Council
consideration.
B For all public comments, enforce
City Council/Administrative Policy
110-1 (‘Meeting Rules &
Procedures’), Section 5.2 (‘Rules of
Decorum’), which requires, among
other things, that “[t]he comments
must be pertinent to the agenda
item under discussion.”
Often during City Council meetings,
speakers stray from addressing
items on the agenda. Ensuring the
Council’s Meetings Rules &
Procedures are followed with all
speakers is key in discouraging
hate speech.
C Require verified Zoom accounts for
all virtual comments.
This has not been shown to be
effective in other communities and
could hinder individuals from
participating virtually if they do not
regularly use Zoom.
D Require both registration and
authentication on Zoom prior to the
start of a meeting.
Authentication allows the City to
restrict webinar attendees to signin users only, confirming that they have a legitimate email account.
This registration allows the City to
view and manage the registrants,
be aware of how many will
potentially join, and it ensures that
attendees do not share their
attendance link with others
This process would limit ability of
virtual comments if someone did
not register prior to the start of a
meeting. It also would not allow
the City to prohibit speakers on the
basis of their email address.
E Report all virtual hate speech to
Zoom.
Staff can report hate speech to
Zoom but it will not stop a person
from making inappropriate
CITY COUNCIL AGENDA ITEM NO. G.4
08/27/2024
Option Action Discussion
comments or creating a new
account to log into Zoom.
F Move public comments for items not
on the agenda to the end of the
meeting.
Most cases of virtual hate speech
happen at the start of the meeting
and not at the end. Moving public
comments to the end could hinder
the ability of individuals to
participate virtually as most Council
meetings adjourn after 10 p.m.
City Council Statement of Values
As part of the motion for this future agenda item, the City Council discussed the possibility of adopting a “Statement of Values.” If the City Council desires a Statement of Values, it is recommended that the City Council either appoint two council members to a new Ad Hoc Committee or assign the effort to the Diversity, Equity, Belonging and Inclusion (DEBI) Committee to draft a Statement of Values for future City Council consideration.
CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.
PREVIOUS ACTION
Not Applicable.
DATE OF NOTICE
Not Applicable.
ENVIRONMENTAL DETERMINATION
Not Applicable.
ATTACHMENT(S)
1. City Council Meeting Rules and Procedures Policy (110-1)
2. Public Statement Options
COUNCIL/ADMINISTRATIVE POLICY
CITY OF BRENTWOOD
Subject:
Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 1 of 10
CITY OF BRENTWOOD
MEETING
RULES AND PROCEDURES
TABLE OF CONTENTS
Page
1. PURPOSE; APPLICABILITY ........................................................................................... 2
2. MEETINGS: GENERAL RULES ...................................................................................... 2
3. ELECTION OF CITY COUNCIL OFFICERS; DUTIES ..................................................... 4
4. MEETING AGENDA: PREPARATION AND CONTENTS.................................................. 6
5. DECORUM ....................................................................................................................... 7
6. VOTING AND DECISION; RECONSIDERATION ............................................................. 8
COUNCIL/ADMINISTRATIVE POLICY
CITY OF BRENTWOOD
Subject:
Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 2 of 10
1. PURPOSE; APPLICABILITY
1.1 Purpose. The purpose of the Council Meeting Rules and Procedures (these “Rules”) is to establish protocols that will be convenient for the public and contribute to the orderly conduct of City business. These Rules apply in addition to:
• the Ralph M. Brown Act Open Meeting Law (Brown Act, Gov’t. Code §55950 and following);
• the Political Reform Act (Gov’t. Code §81000 and following); and • any other California laws that govern the conduct of City Council meetings.
1.2 Applicability. These Rules apply to meetings of the City Council and all City Commissions (unless: a provision is clearly not applicable, stated otherwise in the ordinance establishing a particular commission, or stated otherwise in state law). Reference to Mayor, Council, Council Member, and City Clerk shall respectively mean Chairperson, Commission, Commissioner and Secretary, when applicable to a City commission.
1.3 Effect. Failure to observe these Rules does not invalidate any otherwise lawful action.
2. MEETINGS: GENERAL RULES
2.1 Meeting – Definition. The term meeting means the gathering together of three or more members of the City Council (or a majority of the total members of any commission) to hear, discuss, deliberate, or take action on any matter within its jurisdiction. (Gov’t. Code §54952.2(a).)
1 2.2 Meetings Open to the Public. Unless otherwise authorized by law to be held in closed session, all City Council meetings are open and public. (Cal. Const. art I, §3(b)(1); Gov’t.
Code §54953(a).)
2.3 Time and Place of City Council Meetings. The City Council shall hold regular meetings at the dates, time, and location set forth in Municipal Code Chapter 2.04 and any related resolutions, or as modified by the Council.
2.4 Quorum. A majority of the total members of the Council shall constitute a quorum and is sufficient to transact regular business. A Council Member present but abstaining is counted for purposes of constituting a quorum. A Council Member disqualified from voting by law is not counted for purposes of constituting a quorum. (See Section 3.4a below.) If there is no quorum, the Mayor or City Clerk shall adjourn the meeting to a stated time and place.
2.5 Presiding Officer. The Mayor is the presiding officer of the Council. In the absence of the Mayor or in case of conflict under Section 3.4a, the Vice-Mayor shall preside. In the absence of the Mayor and Vice-Mayor, the City Manager shall preside over the election of a temporary chair.
The temporary chair will preside until the return of one of the officers. 1 The Brown Act prohibits a majority of a city council, outside an open and noticed meeting, from using a series of communications of any kind (including telephone or email, or through intermediaries) to discuss, deliberate or take any action on city business. (Gov’t. Code §54952.2(b)(2).
COUNCIL/ADMINISTRATIVE POLICY
CITY OF BRENTWOOD
Subject:
Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 3 of 10
2.6 Types of meetings.
a. Regular meetings. This is the regular City Council meeting generally held twice per month, as established by the Municipal Code (Chapter 2.04) and City Council Resolution. b. Special Meetings. A special meeting may be called by the Mayor or by a majority of the City Council. Notice must be given in conformance with Government Code §54956 at least 24 hours before the special meeting.
c. Closed Sessions. The City Council may meet in closed session (not open to the public), as provided by California law. No member of the City Council, City employee or person present during a Closed Session may disclose to anyone not present at the Closed Session the content or substance of any confidential written materials or confidential discussions which took place during the session, unless the City Council votes to authorize disclosure of such information by a majority vote, except as otherwise required by law. (Gov’t. Code § 54956.5.) d. Adjourned Meetings. The City Council may adjourn a regular or special meeting to a specific time and place. (If there is less than a quorum at any scheduled meeting or if all members are absent, the Mayor or City Clerk may declare the meeting adjourned to a stated time and place and post notice of that fact consistent with Government Code § 54955. e. Continued Hearings. The City Council may continue any hearing to a subsequent meeting, stating the specific date, time, and place. (Government Code § 54955.1). f. Emergency Meetings. The City Council may hold an emergency meeting under Government Code section 54956.5 if a majority of the members of the City Council determine that there is 1) a work stoppage or other activity which severely impairs public health, safety, or both, or 2) a crippling disaster which severely impairs public health, safety, or both. Notice shall be given as provided in Government Code section 54956.5. g. Teleconferences. The City Council may use teleconferencing for any City Council meeting. Each teleconference location must be open to the public, and an agenda posted at each location. Each teleconference location shall be identified in the notice and agenda of the meeting. At least a quorum of the Council Members must be present at locations within the City.
All votes taken during a teleconferenced meeting shall be by roll call vote. (Gov’t. Code § 54953.)
h. Meetings with City Commissions. The City Council may hold a joint meeting with a City Commission, or with another public agency, in conformance with the Brown Act.
2.7 Minutes; Record-keeping. The City Clerk or his or her designee will take action minutes, consisting of the names of individuals speaking about an item, and the action taken by Council on each item including the motion and the vote. City Council and Planning Commission meetings are generally broadcast live and are also available for viewing later on the City‘s website. The City maintains audio recordings for other commission meetings. Copies or transcripts are available upon request, with prior payment of fees established by City Council resolution.
COUNCIL/ADMINISTRATIVE POLICY
CITY OF BRENTWOOD
Subject:
Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 4 of 10
3 ELECTION OF CITY COUNCIL OFFICERS; DUTIES
3.1 Election of Vice Mayor. The City Council shall elect a Vice Mayor for a two-year term, at the meeting when new Council Members are sworn in after a general municipal election. If the office of Vice Mayor becomes vacant for any reason (including resignation, incapacity, death, recall, municipal election, or removal by majority vote), the City Council shall elect one of its members to fill the vacancy at the next regular meeting. The election or removal of the ViceMayor requires three affirmative votes.
3.2 Duties of Mayor. The Mayor has the power, authority, and discretion, without a vote of the majority of the Council (except as noted) to:
a. Preside over Council meetings:
1) maintain order and proper decorum (See Rule 5 below); 2) announce the business before the Council in the order set forth in the agenda (or as such order may be changed per Rule 4.3 below);
3) call for votes on each matter requiring a decision, and announce the results. The Mayor may make a motion, second and debate matters, subject only to the same limitations of debate as are imposed upon all members.);
4) when requested, make these Rules known and decide questions of order, subject to an appeal of the Council;
5) set time limits on Council discussion (subject to Council concurrence) and on communications from members of the public, consistent with the Brown Act; and 6) open public hearings.”
b. Agendas. Work with the City Manager in the preparation of agendas, and place items on a future Council meeting agenda, under Rule Sections 4.2 and 4.4 below. c. Signing. Sign all documents as authorized by the City Council, and ceremonial documents.
d. Subcommittees. Create subcommittees, with a concurrence of the Council, under Section
3.4b.
e. Appointments. Make appointments to a public office or position, with the confirmation of a majority of the City Council.
f. City Spokesperson. Serve as the chief spokesperson and representative for the City and City Council for matters concerning public policy.
g. Other duties. Perform other duties as are required by law or as pertain to the office of Mayor.
COUNCIL/ADMINISTRATIVE POLICY
CITY OF BRENTWOOD
Subject:
Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 5 of 10
3.3 Duties of Vice Mayor. The Vice Mayor has the power and authority to:
a. Exercise the duties and powers of the Mayor, in the Mayor’s absence. b. Serve with the Mayor as spokesperson and representative for the Council. c. Assist the Mayor in anticipating an issue that may warrant a special meeting.
3.4 Duties of all Council Members. It is the duty of each Council Member to attend Council meetings, adhere to these Rules, and to cast votes as outlined below. a. Abstention from voting. A Council Member must abstain from voting if:
1) the Council Member has a personal or financial interest in the matter as defined in the California Political Reform Act (Government Code §§ 81000 et seq.) 2 ; or
2) the law otherwise declares the Council Member's participation to be a conflict of interest (e.g., Government Code §§ 1090, 1126, 81000 et seq.; or case law); or 3) the member is disqualified as to a particular matter because of his or her absence from a prior public hearing and inability or failure to review the prior testimony and evidence presented.
If a Council Member is disqualified, he or she shall declare this fact and the reason for it on the record, and shall leave the room until the matter is concluded. However, if the matter on which the Council Member is disqualified is on the Consent Calendar, and is not pulled from the Consent Calendar, the Council member does not need to step down from the dais during the vote. Rather, before the Consent Calendar vote, he or she should declare this fact and the reason for it on the record and state that he or she is not voting on that item. b. Committees and Boards. The business of the City Council will from time to time require work in Council committees (either a standing committee or ad hoc committee), and through Council Member participation on boards of other governmental agencies.
The Mayor, a majority of the Council, or staff may recommend formation of a committee. A committee assists in the resolution or study of issues arising from a specific area of Council concern. All communications and advice from a committee shall be made to the Council. A committee serves until discharged by a majority of the Council.
It is the duty of any Council Member sitting on such a committee, or outside board, to make periodic reports to the City Council as a whole and to the general public at regular City Council meetings. It is also the duty of a Council Member to timely advise his or her alternate, if any, if the Council Member will be absent from any committee or board meeting.
3.5 Absences. A Council Member should endeavor to give notice to the Mayor, City Manager, or City Clerk in advance if he or she will be absent or late to a Council meeting. If a Council Member is absent without permission from all regular city council meetings for 60 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy. (Gov’t. Code §36513.)
COUNCIL/ADMINISTRATIVE POLICY
CITY OF BRENTWOOD
Subject:
Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 6 of 10
4 MEETING AGENDA: PREPARATION AND CONTENTS
4.1 General. The City Council will not discuss any item of business not appearing on the written agenda, except as provided in Government Code section 54954.2.
If other matters (not on the agenda) are raised by the public, the City Council or staff may refer the matter to staff or to a subsequent meeting.3 (Gov’t. Code §54954.2.)
4.2 Agenda Preparation; Distribution. There shall be a written agenda for each City Council meeting. The agenda shall contain a brief general description of each item of business to be transacted or discussed and shall include other matters as set forth in this Section 4. The City Clerk shall prepare the agenda in conjunction with the City Manager’s office. Anonymous communications will not be considered nor placed on the agenda. Only the City Manager, City Attorney, the Mayor and Council Members may add items to a Council agenda. If a member of the public wishes an item to be added, he or she must have a Council Member sponsor the item. The agenda will be posted and distributed as required by the Brown Act. (Gov’t. Code §§54954.2, 54954.1.)
4.3. Agenda Contents; Order of Business. The agenda shall include general information, a brief description of items of business, and the order of business (See Government Code § 54954.2).
The order of business is as follows, subject to change by the Mayor, Vice-Mayor (in the Mayor’s absence), City Manager or a majority vote of the City Council:
Call to Order and Roll Call
Pledge of Allegiance
Presentations (and Proclamations) (these may also be included on the Consent Calendar.) Public Comments (for items not on the public hearings or business items portions of the agenda, or requests for future agenda items)
Informational Reports from Council Members, committees, liaisons, and staff Consent Calendar
Public Hearings4
Business Items
Request for Future Agenda Items (by Council Members)
Adjournment
2 A Council Member may not make, participate in making, or in any way attempt to use their official position to influence a governmental decision in which they know (or have reason to know) they have a financial interest. (Gov’t. Code § 81000.) 3 No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights, ask a question for clarification, or provide a reference to staff or other resource for factual information. (Gov’t. Code §54954.2) 4 Public Hearings. Public hearings are those having specific notice requirements by state law or City ordinance. At the hearing, the Council shall afford any interested person (and his or her representative) the opportunity to speak, present witnesses and evidence, subject to these Rules. Public hearings will be conducted in the following order: (1) Staff Reports and Council Member questions to staff; (2) Public hearing opened by Mayor; (3) Public testimony; (4) Mayor closes the public hearing, by majority vote; (5) Discussion among Council Members; and (6) Action by majority vote
COUNCIL/ADMINISTRATIVE POLICY
CITY OF BRENTWOOD
Subject:
Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 7 of 10
4.4 Adding Future Agenda Items.
An item may be added to a future agenda, and staff time authorized, in either of the following ways:
a. Standard agenda process for agenda preparation, under Rule Section 4.2 above, including:
1) by the City Manager, City Attorney, or staff; or
2) by written request to the City Manager by the Mayor or two Council Members at least one week before the publication of the next agenda (Thursday by 5:00 p.m.) and the City Manager determines that there is adequate staff time to prepare discussion and recommendation materials; or
b. By an individual Council Member making:
1) a written request to the City Manager at least one week before the publication of the next agenda to place the item under Request for Future Agenda Items on the next agenda; or
2) a verbal request at a Council meeting to have an item placed on the next agenda under Request for Future Agenda Items.
In either case (b.1 or b.2), the listed item will identify the Council Member making the request and briefly describe the nature of the request. Council discussion will be limited to whether staff time and City resources should be spent on the item and the time period for scheduling. Staff will not spend time on the requested item unless and until the Council wishes additional information, except that if staff has already worked on a matter or the City Manager deems an item to be urgent, he or she may place it on the next agenda as an action item.
5 DECORUM
5.1 Decorum Generally - City Council Members. The Mayor and Council Members shall preserve order and decorum at City Council meetings. Council Members shall confine their remarks to the agenda item under consideration and speak only when recognized by the Mayor, except as otherwise provided in these Rules. Once a Council Member is recognized, he or she will not be interrupted unless called to order by the Mayor. A Council Member may not, by conversation or otherwise, disturb or disrupt the proceedings or the peace of the City Council in any way, nor disturb any other Council Member or member of the public while speaking, nor refuse to obey the instruction of the Mayor or City Council.
During a quasi-judicial hearing5
, an applicant or appellant is entitled to due process of law, including a meaningful opportunity to be heard. Council Members should not receive information outside of the hearing on the matter unless they disclose the nature of the communications. Council Members will give full attention to speakers at the hearing. 5 A quasi-judicial hearing is one that involves the application of rules to a specific project or set of existing circumstances.
Examples include land use matters (but not legislative decisions such as General Plan or zoning amendments, or development agreements), employee disciplinary proceedings, and proceedings for the revocation, suspension, or reinstatement of permits, licenses, and franchises.
COUNCIL/ADMINISTRATIVE POLICY
CITY OF BRENTWOOD
Subject:
Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 8 of 10
Council meetings will be governed by common sense and good taste. In case of a dispute concerning a procedural matter not specifically covered in these Rules, the majority vote of the Council will control.
5.2 Decorum Generally - Public.
Members of the public wishing to speak during the public discussion are requested to fill out the speaker form provided and hand the card to the City Clerk at the beginning of (or during) the meeting. 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. A speaker may not allocate his or her time to another speaker. The Mayor will invite public testimony on each item at the appropriate time. Written documents or messages to the City Council or any Council Member while the City Council is in session, which pertain to the Council’s business, shall be made only through the City Clerk.
A member of the audience must come forward to the lectern so that their remarks may be accurately recorded. All remarks shall be addressed to the Mayor, except that answers to questions posed by a City Council Member recognized by the Mayor may be addressed to the questioner. No person other than a member of the City Council and the person having the floor shall enter into any discussion, either directly or through a Council Member, without the permission of the Mayor. The comments must be pertinent to the agenda item under discussion. A member of the public may not ask a question of a Council Member or staff member, except through the Mayor. Speakers are urged to avoid unnecessary repetition in their remarks and instead simply indicate agreement with previous speakers.
If a meeting is willfully interrupted by any individual, group or groups of people so as to render the orderly conduct of the meeting unfeasible, the Mayor may recess the meeting and require the removal of individuals who are interrupting the meeting, or clear the room and continue the meeting allowing only members of the press to remain. (Gov’t. Code §§ 54957.9.)”
6 VOTING AND DECISION; RECONSIDERATION
6.1 Voting and Decision. Ordinances, resolutions and other matters submitted to the Council must be adopted by a majority vote of the total membership of the Council unless a greater number of votes is required by law. A majority means three votes for the City Council (and for each City commission with a total of five members). If one or more Council Members is absent and a majority vote cannot be obtained, and no additional action is taken, the matter shall automatically be added to a future agenda, to be considered at least once with all Council Members present.
If a member (qualified to vote) does not vote in the affirmative or negative, the member shall be deemed to have voted in the affirmative.
A tie vote means the motion is not approved.
COUNCIL/ADMINISTRATIVE POLICY
CITY OF BRENTWOOD
Subject:
Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 9 of 10
After a vote is taken on a matter, if an appropriate resolution is not already prepared, the Council may direct the staff to prepare a resolution reflecting the City Council’s findings and decision. A resolution brought back to the Council may be placed on the Consent Calendar. (No public comments can be received or considered unless a public hearing is re-noticed.) The vote is not considered final until the City Council reviews and approves the resolution at a later meeting.
6.2 Reconsideration. This section 6.2 does not apply to City Commissions. a. Reconsideration of Quasi-Judicial Actions. (See footnote 5.) A motion to reconsider any quasi-judicial action taken by the City Council may be made by any Council Member who voted with the majority on a question, and may be seconded by any Council Member. The motion must be approved by a majority vote of the entire City Council. The City Clerk shall provide notice to all interested parties as soon as possible when a matter becomes the subject of a motion to reconsider.
1) Timing. The motion must be made at the same meeting at which the action was taken (including an adjourned or continued meeting), at the next regular meeting, or at any intervening special meeting. If a request for reconsideration is communicated to the City Manager by any Council Member who voted in the majority, at least 24 hours before the state law deadline for posting the City Council meeting agenda, then the request shall appear on the posted agenda for the next regular meeting or intervening special meeting. Otherwise, no City Council discussion or action on reconsideration may occur unless the item is appropriately added to the agenda under Government Code section 54954.2(b) which addresses adding items that are not listed on a posted agenda, when immediate action is necessary. (See Rule Section 4.1b.) 2) Effect of Approval of Motion; Notice. If the motion to reconsider is made and approved at the same meeting at which the initial action was taken and all interested persons (including applicants, owners, supporters, and opponents) are still present, the matter may be reconsidered at that meeting or at the next regular meeting or intervening special meeting (subject to the discretion of the maker of the motion) and no further public notice is required.
If the motion to reconsider is made and approved at the same meeting at which the initial action was taken but all interested persons are not still present, or if the motion is made and approved at the next regular meeting or intervening special meeting, the item shall be scheduled for consideration at the earliest feasible City Council meeting and shall be re-noticed in accordance with state law and the Municipal Code. In certain circumstances, a right may have vested after the initial decision, precluding reconsideration.
b. Reconsideration of Legislative or Other Non-Quasi-Judicial Actions. The City Council may rescind, repeal or amend its prior legislative or other non-quasi-judicial actions (unless precluded from doing so under applicable laws) at any regular or special meeting of the City Council. Noticing and scheduling of such actions shall be consistent with Rule Section 4 (Meeting Agenda: Preparation and Contents) and any required notice provisions.
COUNCIL/ADMINISTRATIVE POLICY
CITY OF BRENTWOOD
Subject:
Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 10 of 10
Revision History
Date Resolution
11/13/2001 2399 adopted policy
04/27/2004 2004-97 amended Rules 1-27 added rules 28-36 05/25/2005 2005-260 deleted Rule 8
04/11/2006 2006-73 deleted Rule 36
01/23/2007 2007-15 added Rule 13A
10/09/2007 2007-225 amended Rule 13A
05/24/2011 2011-67 deleted a portion of Rule 32 & amended Rule 28H 01/22/2013 2013-11 amended Rule 26 Priority of Business 12/10/2013 2013-174 amended Rule 35 in its entirety
12/09/2014 2014-182 amended Rule 13 A
6/14/2016 2016-74 Re-adopting new Meeting Rules and Procedures 12/12/2017 2017-162 Quorums and reconsideration of matters by City commissions 10/10/2023 2023-123 – Amended Rule 3.2 and 5.2
Attachment 2
Hate Speech Statements
Option 1 – Under the Brown Act, public comment for matters on the agenda must relate to that agenda item and public comments for matters not on the agenda must relate to the subject matter jurisdiction of this legislative body. This is a warning that if a member of the public attending this meeting remotely or in-person violates the Brown Act by failing to comply with these requirements of the Brown Act, then the Mayor or Chair may request that speaker be muted. If a member of the public attending this meeting in-person engages in disruptive behavior that disturbs the orderly conduct of the meeting, they may be removed from the meeting after a warning, pursuant to Council Policy 110-1.
Option 2 – Read at the beginning of the meeting
The City strongly denounces hate speech and does not tolerate disruptive behavior in our meetings.
Brentwood prides itself on the rich diversity of our residents. We are committed to creating a culture of belonging where members of our diverse community feel included, safe, and respected.
This Council meeting is considered a “limited public forum,” which means the Council can regulate the time, place, and manner of speech to prevent our meetings from being disrupted. This protects the rights of other speakers, and ensures the Council can accomplish its business in a reasonably efficient manner.
Speaker comments must be limited to the agenda item being considered by the Council or for matters not on the agenda comments must relate to the subject matter jurisdiction of this legislative body.
The Mayor or Chair will make a determination as to whether a speaker’s comment is related to an agenda item being considered by the Council.
If a speaker does not comply, the Mayor or Chair will rule the speaker out of order. The Mayor or Chair will not rule speech out of order because the Mayor or Chair disagrees with the content of the speaker’s speech.
Specific statement when Speaker is out of order:
This speaker is out of order as the speaker is not commenting on the agenda item being considered by the Council.
Statement if Speaker uses derogatory language or hate speech:
The City strongly denounces hate speech and does not tolerate disruptive behavior in our meetings.
Brentwood prides itself on the rich diversity of our residents. We are committed to creating a culture of belonging where members of our diverse community feel included, safe, and respected. If members of the public or staff would like to leave the Council chambers, they may do so at this time, so as not to be subject to hate speech.
Specific statement to call for a recess to provide a break or consult with staff:
At this time the meeting will recess until X:XX a.m./p.m.
Option 3 -- Brentwood City Council meetings are limited public forums during which the City strives to provide an open, safe atmosphere and promote robust public debate. Members of the public, however, must comply with state law, as well as the City’s laws and procedures and may not actually disrupt the orderly conduct of these meetings. The public, for example, may not shout or use amplifying devices, must speak during their allotted time, may not create a physical disturbance, may not speak on matters unrelated to issues within the jurisdiction of the City Council or the agenda item at hand, and may not cause immediate threats to public safety.
CITY COUNCIL AGENDA ITEM NO. I.1
08/27/2024
SUBJECT: A Request from Council Member Mendoza for the preparation of a memo on the status of improvements to a wall located in Summerset.
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk
TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Mendoza requesting staff prepare a memo on the status of improvements to a wall located in Summerset at Balfour Road and Fairview Avenue.
FISCAL IMPACT
There is no fiscal impact associated with the preparation of the memo.
BACKGROUND
Pursuant to Rule 4.4 (b)(2) of City Council Policy 110-1, this item has been placed on the agenda so that the City Council may discuss it and provide further direction to staff. Per Section 4.4, City Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.
CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.
PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.
DATE OF NOTICE
Not Applicable.
ENVIRONMENTAL DETERMINATION
CITY COUNCIL AGENDA ITEM NO. I.1
08/27/2024
Not Applicable.
ATTACHMENT(S)
1. Previous Action (if applicable)
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 August 13, 2024, Council Member Mendoza requested a future agenda item to request staff prepare a memorandum on the status of the Summerset wall located at Balfour Road and Fairview Drive.
CITY COUNCIL AGENDA ITEM NO. I.2
08/27/2024
SUBJECT: A request from Council Member Mendoza requesting staff hold a townhall related to permitting and business license processes DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk
TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Mendoza requesting staff hold a town hall inviting business to provide feedback on potential improvements to the permitting and business license process.
FISCAL IMPACT
There is no fiscal impact associated this agenda item.
BACKGROUND
Pursuant to Rule 4.4 (b)(2) of City Council Policy 110-1, this item has been placed on the agenda so that the City Council may discuss it and provide further direction to staff. Per Section 4.4, City Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.
CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.
PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.
DATE OF NOTICE
Not Applicable.
ENVIRONMENTAL DETERMINATION
CITY COUNCIL AGENDA ITEM NO. I.2
08/27/2024
Not Applicable.
ATTACHMENT(S)
1. Previous Action
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 August 13, 2024, Council Member Mendoza requested a future agenda item to requesting staff hold a town hall inviting business to provide feedback on potential improvements to the permitting and business license process.
CITY COUNCIL AGENDA ITEM NO. I.3
08/27/2024
SUBJECT: A Request from Council Member Pierson requesting staff prepare information related to the trail between American Avenue and Mountain View Drive
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk
TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Pierson related to the trail between American Avenue and Mountain View Drive and the status of grant funds that may have been used to improve the trail.
FISCAL IMPACT
There is no fiscal impact associated this agenda item.
BACKGROUND
Pursuant to Rule 4.4 (b)(2) of City Council Policy 110-1, this item has been placed on the agenda so that the City Council may discuss it and provide further direction to staff. Per Section 4.4, City Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.
CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.
PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.
DATE OF NOTICE
Not Applicable.
CITY COUNCIL AGENDA ITEM NO. I.3
08/27/2024
ENVIRONMENTAL DETERMINATION
Not Applicable.
ATTACHMENT(S)
1. Previous Action
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 August 13, 2024, Council Member Pierson requested a future agenda item to discuss the trail between American Avenue and Mountain View Drive and the status of grant funds that were used to improve the trail.