CITY COUNCIL/SUCCESSOR AGENCY MINUTES

Tuesday, October 10, 2023 at 7:00 P.m. - 11:55 P.m.

City Council Chambers

150 City Park Way

Brentwood, CA 94513

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.

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 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) Susannah Meyer, Vice Mayor, Jovita Mendoza, Council Member, Tony Oerlemans, Council Member, Pa'tanisha Pierson, 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

1.Meeting Minutes - CCM_Sep26_2023.pdf

F.2
A Proclamation reaffirming Diversity, Equity, Inclusion, and Belonging in Brentwood

1.Diversity, Equity, Inclusion and Belonging Proclamation.pdf

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

1.World Polio Day.pdf

F.4
A Proclamation Proclaiming October 8th through October 14th as Code Enforcement Appreciation Week

1.Code Enforcement Appreciation Week.pdf

F.5
Support Local, State, and Federal Efforts to Exonerate the Port Chicago 50

1.Port Chicago 50 Exoneration - City Manager-2023-42.pdf

2.Previous Action_Port Chicago 50.pdf

3.Resolution Port Chicago 50.pdf

4.Letter of Support Port Chicago 50.pdf

5.Proclamation_Port Chicago 50.pdf

Adopt a Resolution 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.

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

1.Appointments to Mosquito and Vector Control and Advisory Council on Aging - City Manager-2023-43.pdf

2.Exhibit A - Mosquito and Vector Control District Application.pdf

3.Exhibit B - Advisory Council on Aging Applications.pdf

Consider the appointment of 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 two-year term.

G.
PUBLIC HEARINGS

G.1
Amendments to the Brentwood Municipal Code in response to SB 1186 (Weiner) – Medicinal Cannabis Patients’ Rights Access Act

1.Amendments to the Brentwood Municipal Code in Response to SB 1186 - City Manager-2023-41.pdf

2.Attachment 1 - Previous Action.pdf

3.Planning Commission Resolution.pdf

4.Attachment 3 - Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act.pdf

5.Attachment 4 - League of Cities - SB-1186-Fact-Sheet.pdf

6.Attachment 5 - Chapter 9.50 - Clean Version.pdf

7.Attachment 6 - Chapter 9.50 - Redline Version.pdf

8.Attachment 7 - Chapter 17.780 - Clean Version.pdf

9.Attachment 8 - Chapter 17.780 - Redline Version.pdf

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) Susannah Meyer, Vice Mayor, Jovita Mendoza, Council Member, Tony Oerlemans, Council Member, Pa'tanisha Pierson, 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)

Ayes (5) Susannah Meyer, Vice Mayor, Jovita Mendoza, Council Member, Tony Oerlemans, Council Member, Pa'tanisha Pierson, 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

1.An Ordinance Amending Chapter 17.680 of the Brentwood Municipal Code.pdf

2.Previous Actions.pdf

3.Ordinance.pdf

4.Chevron USA Inc v County of Monterey.pdf

5.Public Resources Code Section 3106.pdf

6.Government Code 65857.pdf

Alexis Morris, Director of Community Development, presented the item.

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

1.Contra Costa County Animal Control suggestions for code amendments - City Manager-2023-45.pdf

2.Previous Action - Animal Ordinance Suggestions.pdf

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
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) Susannah Meyer, Vice Mayor, Jovita Mendoza, Council Member, Tony Oerlemans, Council Member, Pa'tanisha Pierson, Council Member, and Joel Bryant, Mayor

Motion Approved (5 to 0)

H.2
Inclusive and Adaptive Recreation Strategic Initiative Focus 5 Update

1.Inclusive and Adaptive Recreation Update October 2023 - Parks Recreation-2023-68.pdf

2.Attachment 1 Previous Action .pdf

3.Attachment 2 Updated Inventory of Programs and Equipment.pdf

4.Attachment 3 Website Updated Information DRAFT.pdf

5.Attachment 4 Examples of Policies and Statements.pdf

6.Attachment 5 Moore Recreation Therapy and Consulting Inc Adaptive and Inclusive Recreation Assessment Study.pdf

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.
• 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 ramps to get to the play structure area.
• Provide cost benefit analysis between hiring someone in-house 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) Susannah Meyer, Vice Mayor, Jovita Mendoza, Council Member, Tony Oerlemans, Council Member, Pa'tanisha Pierson, 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

1.Review of Virtual Public Comments - City Manager-2023-57.pdf

2.Resolution Approving Amendment of Meeting Rules and Procedures.pdf

3.Snyder v Phelps.pdf

4.Government Code Section 54954.3.pdf

5.City Council Meeting Rules and Procedures Policy (110-1).pdf

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.

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.
Ayes (5) Susannah Meyer, Vice Mayor, Jovita Mendoza, Council Member, Tony Oerlemans, Council Member, Pa'tanisha Pierson, Council Member, and Joel Bryant, Mayor

Motion Approved (5 to 0)

H.4
Review of City Council/Administrative Policy Ethics and Conduct Policy 110-5

1.Continued Ethics and Conduct Policy - City Manager-2023-44.pdf

2.Attachment 1 - Previous Action .pdf

3.110-5 Ethics and Conduct Policy 2022.pdf

4.Brentwood Letter on Letterhead .pdf

Items H.4 and I.2.a were heard together.

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:

• 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.

Ayes (5) Susannah Meyer, Vice Mayor, Jovita Mendoza, Council Member, Tony Oerlemans, Council Member, Pa'tanisha Pierson, Council Member, and Joel Bryant, Mayor

Motion Approved (5 to 0)

I.
REQUEST FOR FUTURE AGENDA ITEMS

I.1
NEW REQUEST(S)

There were no new requests made.

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

1.Requested Item Pierson Creation of an Ethics and Conduct Policy - City Manager-2023-46.pdf

2.Attachment 1 - Previous Action(8).pdf

Items H.4 and I.2.a were heard together.

See Item H.4 for action taken.