City Council - October 22, 2024
A.
CALL TO ORDER & ROLL CALL
B.
PLEDGE OF ALLEGIANCE
C.
PUBLIC COMMENTS
Pursuant to Council/Administrative Policy, Meeting Rules and Procedures section 5.2 (Decorum Generally – Public), comments by members of the public are generally limited to five minutes, or less time if a large number of speakers is anticipated, or if approved by the Mayor. Speakers desiring answers to questions should direct them to the Council/Successor Agency and, if relevant, they may direct them to the appropriate staff member. Speakers can also follow up directly with staff during regular City business hours.
Please file a speaker’s card with the City Clerk on the form provided on the counter at the back of the Chambers.
During this portion of the meeting those present in the Council Chambers are permitted to speak on items that are listed under Presentations; Informational Reports; Consent Calendar; Requests for Future Agenda Items- New Items; or items not on the agenda during this portion of the meeting. Public comments for scheduled agenda items should wait until that time.
Zoom participation during this general public comment period will not be accepted.
D.
INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS, AND STAFF This portion of the agenda is to provide an opportunity for Council Members to report on attendance at events, subcommittee meetings, and entities on which the Council Member has been appointed as a liaison and for staff to provide brief updates and/or information to the City Council.
E.
CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by one motion. If discussion is required, that particular item will be removed from the consent calendar and will be considered separately.
E.1
A Proclamation Proclaiming October as All Abilities Month
1. All Abilities Month 2024.pdf
E.2
A Proclamation Proclaiming October 24, 2024, as World Polio Day
1. World Polio Day 2024.pdf
E.3
A Proclamation Proclaiming November as Pancreatic Cancer Awareness Month
1. Pancreatic Cancer Awareness Month 2024.pdf
E.4
A Proclamation Proclaiming November as American Diabetes Month
1. American Diabetes Awareness Month 2024.pdf
E.5
A Proclamation Proclaiming November as Native American Heritage Month
1. Native American Heritage Month 2024.pdf
E.6
A Proclamation Proclaiming November 6, 2024, as Shelter in Place Education Day
1. Shelter in Place Education Day 2024.pdf
E.7
A Proclamation Proclaiming November 11, 2024, as Veterans Day
1. Veterans Day 2024.pdf
E.8
Notice of Completion for work performed by National Aquatic Services, Inc. for the Deer Ridge Frontage Landscaping Improvements Project – Fountain Retrofit, CIP Project No. 352-52440
1. Notice of Completion for work performed for Deer Ridge Fountain- Parks Recreation-2024-161.pdf
2. Attachment 1 - Previous Action.pdf
3. Resolution .pdf
4. Notice of Completion.pdf
Title/Recommendation
Adopt a Resolution accepting the work performed by National Aquatic Services, Inc. for the Deer Ridge Frontage Landscaping Improvements Project – Fountain Retrofit, CIP Project No. 352-52440 and File a Notice of Completion with the County Recorder.
E.9
Second Reading of a Zoning Text Amendment (RZ24-007) to the Brentwood Municipal Code to update Section 17.800.009(A)(2) to increase the notification radius for public hearing items from 300 feet to 1,000 feet
1. 2nd Rd - CC Public Hearing Notice Radius - RZ24-007 - Community Development-2024-90.pdf
2. Attachment 1 - Previous Action(1).pdf
3. Attachment 2 - Draft Ordinance 2nd Reading.pdf
Title/Recommendation
Waive the second reading of and adopt Ordinance No. 1076, approving an amendment (Rezone No. 24-007) to the Brentwood Municipal Code amending Section 17.800.009(A)(2) of the Brentwood Municipal Code to increase the notification radius for public hearing items from 300 feet to 1,000 feet.
These text amendments are exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15378 as it is not a project under CEQA, and further if it was considered a project, it is exempt pursuant to CEQA Guidelines 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.
E.10
Informational Report on Final Map of Subdivision No. 9610, Trumark Trailside, developed by TH Apricot Way Brentwood, LLC
1. Informational Report for 9610 Trumark Trailside Final Map - Engineering-2024-36.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. 9610, Trumark Trailside, developed by TH Apricot Way Brentwood, LLC located at 1777 Apricot Way (APN’s 019-092-013 and 019-092-034).
E.11
Purchase one new replacement Street Sweeper, and authorize the City Manager or designee to execute any necessary documents in a total amount not to exceed $431,520 and amend the 2024/25 Operating Budget
1. Purchase one replacement Street Sweeper - Public Works-2024-28.pdf
2. Previous Action.pdf
3. Resolution.pdf
4. Quote.pdf
Title/Recommendation
Adopt a Resolution approving the purchase of one new replacement Schwarze A9 Monsoon street sweeper for the Streets Maintenance Division from Municipal Maintenance Equipment, Inc. in Sacramento, CA; authorizing the City Manager or designee to execute any necessary documents in an amount not to exceed $431,520; and amending the 2024/25 Vehicle and Equipment Replacement Fund budget by $96,033.
E.12
2025 Public Art and Design Academy Project
1. 2025 Public Art and Design Academy Project - Parks Recreation-2024-228.pdf
2. Attachment 1 Previous Action .pdf
3. Attachment 2 PADA Resolution.pdf
4. Attachment 3 Memorandum of Understanding.pdf
Title/Recommendation
Adopt a Resolution 1) approving a Memorandum of Understanding (“MOU”) between the City of Brentwood (“City”) and Liberty Union High School District (“District”) regarding the Public Art and Design Academy (“PADA”) in the amount of $18,630 2) amending FY 2024/25 or the FY 2025/26 Operating Budget, by increasing the Public Art Acquisition Fund by $23,630 for the cost to build the artwork and for transportation and installation of the project and 3) authorizing the City Manager or designee to execute the MOU and make minor non-substantive revisions to it, in consultation with the City Attorney.
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
Adoption of Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Solid Waste Organics Diversion Project
1. SW Organics CEQA Adoption - Public Works-2024-26.pdf
2. 1. Previous Actions.pdf
3. 2. Resolution.pdf
4. 3. Initial Study.pdf
5. 4. Mitigated Negative Declaration.pdf
6. 5. Mitigation Monitoring and Reporting Program.pdf
7. 6. Comment Letters.pdf
8. 7. CIP Budget Sheet.pdf
Title/Recommendation
Adopt a Resolution adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Solid Waste Organics Diversion Project, CIP Project No. 542-54021
F.2
An amendment to the Brentwood Municipal Code to update Chapter 5.68 (Mobile Vending) to establish new mobile vending regulations and an amendment to Chapter 17.850 (Temporary Use Permits) to add regulations related to Long-Term Mobile Vending Facilities
1. Mobile Vending 17.850_Ch 5.68 - Community Development-2024-87.pdf
2. Attachment 1 - Previous Action(2).pdf
3. Attachment 2 - Draft Ordinance BMC Chapter 5.68.pdf
4. Attachment 3 - Draft Ordinance Chapter 17.850.pdf
Title/Recommendation
Waive the first reading and introduce:
1. An ordinance approving an amendment (Rezone No. 24-004) to (Temporary Use Permits) to add regulations related to Long-Term Mobile Vending Facilities and Commissaries. https://ecode360.com/43627337?highlight=&searchId=9677390842428726
2. An ordinance approving an amendment to (Mobile Vending) to establish new mobile vending regulations. https://ecode360.com/43612832?highlight=&searchId=9677443535054775 These two ordinances and text amendments are exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as they are not a “project” and have 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).
G.
BUSINESS ITEMS
Persons addressing the City Council using Zoom are asked to raise their hands using the Zoom feature. Those attending in person and wishing to address the Council may do so from the podium. The Council may adopt reasonable regulations at the onset of each business item to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the item shall follow the protocol for Public Comments. Public comment on each of the following items is limited to what is described in the specific agenda item.
G.1
Second Reading of an Ordinance Implementing a Modification to the Brentwood Municipal Code to allow Pad-Mounted Transformers within Development Projects
1. Undergrounding Transformers - Second Reading - Engineering-2024-38.pdf
2. 1. Previous Action(1).pdf
3. 2. Permanent Ordinance Amending BMC Section 16.120.120.pdf Title/Recommendation
Staff recommends that the City Council waive the second reading and adopt Ordinance No. 1077 of the City Council of the City of Brentwood, approving a modification to Brentwood Municipal Code Section 16.120.120, allowing Permittees to install pad-mounted transformers within development projects in certain circumstances, while the City monitors the nationwide supply chain issues related to underground transformers.
The proposed permanent ordinance is not an action subject to the California Environmental Quality Act (CEQA), as the action has no potential for resulting in physical change to the environment. (14 Cal. Code. Regs. § 15358.) Further, adoption of the permanent ordinance is exempt under CEQA because it will not cause a change in any of the physical conditions within the area affected by the ordinances. (14 Cal. Code Regs. § 15061(b)(3).)
G.2
Receive update and provide direction on ongoing implementation of action items from the General Plan’s Conservation and Open Space Element
1. Conservation and Open Space Element Follow-Up - Community Development-2024-91.pdf
2. Previous Action - COS Element.pdf
Title/Recommendation
Receive update and provide direction on implementation of action items from the General Plan’s Conservation and Open Space Element that were previously identified as priorities.
H.
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
I.
REQUESTED FUTURE AGENDA ITEM(S)
I.1
Planning Commission request regarding establishment of pervious surface requirements or guidelines for new projects
1. PC Future Agenda Item Request (Pervious Surfaces) - Community Development-2024-92.pdf Title/Recommendation
Provide staff direction on whether to spend time and resources on the Planning Commission’s request.
I.2
Planning Commission request regarding standards and methodology for Vehicle Miles Traveled (VMT)
1. PC Future Agenda Item Request (VMT Standards) - Community Development-2024-93.pdf Title/Recommendation
Provide staff direction on whether to spend time and resources on the Planning Commission’s request.
I.3
A request from Council Member Mendoza to remove 2001 Shady Willow Lane from the list of surplus land to become a park
1. Requested Item Mendoza Surplus Land - City Manager-2024-71.pdf
2. Previous Action(1).pdf
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza to remove 2001 Shady Willow Lane from the list of surplus land to become a park.
I.4
A request from Council Member Mendoza requesting the City Council consider an objective design standard regarding shade ratios at new parks
1. Requested Item Mendoza Design Standard Regarding Shade Ratios at Parks - City Manager-2024-72.pdf
2. Previous Action (1).pdf
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza requesting consideration of creating objective design standards in the Brentwood Municipal Code related to shade ratios in new parks.
I.5
A request from Council Member Mendoza requesting the City Council consider adding additional shade at existing parks
1. Requested Item Mendoza Adding Additional Shade at Existing Parks - City Manager-2024-73.pdf
2. Previous Action .pdf
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza regarding solutions for potential shade improvements at existing parks.
I.6
A request from Vice Mayor Meyer requesting the consideration of using Ag-Enterprise and/or Art Enterprise funds for John Marsh House
1. Requested Item Meyer Ag-Enterprise and or Art Enterprise funds for JMH - City Manager-2024-74.pdf
2. Previous Action(2).pdf
Title/Recommendation
That the City Council consider and discuss the request from Vice Mayor Meyer requesting the consider
ation of
using Ag-Enterprise and/ or Art Enterprise funds towards the Interpretive Center at the John Marsh House.
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 17, 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