Agenda packet — Brentwood City Council, May 10, 2022 (part 1 of 2)

MAY 10, 2022

CITY COUNCIL/SUCCESSOR AGENCY/BIFA AGENDA
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* UPDATED APRIL 21, 2022
Consistent with Contra Costa County Health orders, and in accordance with California Government Code Section 54953(e) concerning teleconference meetings, this City Council meeting will be held exclusively via teleconference, using the Zoom video conferencing system. At this time, public participation will be available exclusively via telephone or teleconference, using the Zoom video conferencing system.

How to View and Participate
The public is invited to participate in the City Council meeting and offer comments of up to 3 minutes (or as may otherwise be determined by the Council) using any of the following methods:

1. Zoom: www.brentwoodca.gov/vcc or Zoom Webinar ID: 760 1397 0037 Phone Numbers:

Dial(for higher quality, dial a number based on your current location):

US: +1 720 707 2699 or +1 253 215 8782 or +1 346 248 7799 or +1 646 558 8656 or +1 301 715 8592 or +1 312 626 6799 or 888 788 0099 (Toll Free) or 833 548 0276 (Toll Free) or 833 548 0282 (Toll Free) or 877 853 5247 (Toll Free)
As the City Council Chamber will not be open to the public, individuals may view and participate in the meeting with this link. During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. The meeting host will call on you, by name, and enable your microphone when it is your turn to speak.

In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required. (If you need instructions on how to use this feature, please contact the City Clerk by noon of the meeting date at [email protected] or 925.516.5182.)
The public may view the meeting via one-way video feed by selecting the video option at the City Council Agendas’ link on the City webpage at www.brentwoodca.gov

2. Telephone
If you wish to comment during the meeting via telephone, you may “raise your hand” virtually on most devices by pressing *3, and you will be called upon when it is your time to speak. After speaking, please press *3 again to remove the “raise your hand” feature. If that feature does not work on your device, please email [email protected] in advance of the meeting where possible. The request must contain in the subject line “Request to Speak – Agenda Item #” and should include name and full phone number that will be used to call in. In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required.

3. E-mail
Public comments can also be submitted via e-mail to [email protected]. Any public comments received up until 3:00 p.m. of the meeting date will be:
 distributed to the Council via email before the meeting,  posted online for public inspection at https://www.brentwoodca.gov/councilmeetingonline, and
 later summarized in the meeting minutes.

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 within one day following the MAY 10, 2022

CITY COUNCIL/SUCCESSOR AGENCY/BIFA AGENDA
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meeting, and will be summarized in the meeting minutes. The City cannot guarantee that its network, website, and/or the Zoom system will be uninterrupted. In the event of an interruption to the broadcasting of the meeting using the telephone or internet-based options listed above, the City Council will take no further action on items on the agenda until public access to the meeting via either option is restored. To ensure that the City Council receives your comments prior to taking action, you are strongly encouraged to submit them in advance of the meeting by 3:00 p.m.

As e-mails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your e-mail.

The Closed Captioning provided via Zoom is auto generated it is not the official record and is provided as a convenience
Pursuant to Section 54956 of the California Government Code, a special meeting of the City Council is hereby called for May 10, 2022 at 5:00 p.m. or as soon thereafter as possible.

CALL TO ORDER A SPECIAL MEETING OF THE CITY COUNCIL

ROLL CALL

1. Conduct a Workshop on the Draft FY 2022/23 - 2023/24 Operating Budget and provide direction, if any, to staff. (Kerry Breen/Christine Andrews)
Link to Draft Budget: https://www.brentwoodca.gov/government/finance-informationsystems/financial-documents/operating-budgets Link to Presentation Slides:
https://www.brentwoodca.gov/home/showpublisheddocument/5479

ADJOURN CITY COUNCIL
7:00 PM – CITY COUNCIL/SUCCESSOR AGENCY MEETING

CALL TO ORDER & ROLL CALL

PLEDGE OF ALLEGIANCE

PUBLIC COMMENTS
At this time, the public is permitted to address the City Council/Successor Agency/BIFA on items that are listed under Presentations; Informational Reports from Council Members, Committee, Liaisons, and Staff; on the Consent Calendar; Requests for Future Agenda Items, new items; or items not on the agenda. Persons addressing the City Council/Successor Agency/BIFA Board are required to limit their remarks to three (3) minutes unless an extension of time is granted by the Mayor subject to approval of the City Council/Successor Agency/BIFA. Please use the Raise Your Hand feature in Zoom during this item to speak under Public Comments. Speakers desiring answers to questions should direct them to the City Council/Successor Agency/BIFA Board and, if relevant, the City Council/Successor Agency/BIFA Board may direct them to the appropriate staff member.

MAY 10, 2022

CITY COUNCIL/SUCCESSOR AGENCY/BIFA AGENDA
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A. PRESENTATIONS
A.1 Timothy Haile, Executive Director, with Contra Costa Transportation Authority (CCTA) will provide an update on CCTA’s programs and projects, as well as discuss CCTA’s vision for the future.

B. 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.

C. 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.

C.1. Proclamation proclaiming May 15th to May 21st as National Police Week.

C.2. Proclamation proclaiming May 15th to May 21st as National Public Works Week.

C.3: Proclamation proclaiming May 2022 as Water Safety Month.

C.4 An ordinance of the City Council of the City of Brentwood amending Title 15 (Buildings and Construction) Chapter 15.06 of the Brentwood Municipal Code to adopt by reference the 2019 Edition of the California Fire Code, California Code of Regulations, Title 24, Part 9, as amended by Contra Costa Fire Protection District Ordinance 2019-37, including Findings in Support Amendments to the 2019 California Building Standards Code, Title 24, Part 9, California Fire Code, and Setting a Public Hearing for May 24, 2022. (Alexis Morris)
C.5. Second Reading of Ordinance 1037 approving Brentwood Police Department Policy 708, Military Equipment, Acquisition, and Use, as required by AB 481 (2021). (Thomas Hansen/Tim Herbert)
C.6. Resolutions approving the continued use of teleconferencing for meetings of (1) the City Council and all subsidiary City legislative bodies, (2) the Successor Agency to the Brentwood Redevelopment Agency, and (3) the Brentwood Infrastructure Financing Authority, from May 10, 2022 through June 9, 2022, per AB 361 (2021). (Tim Ogden/Margaret Wimberly)
C.7. An informational Summary and Overview of Recent Statewide Housing Legislation and Potential Applicability to the City of Brentwood. (Alexis Morris/Sylvia Elias) C.8. A Resolution to approve the contract documents and authorize the City Manager or designee to execute a purchase order and necessary documents for purchase and replacement of one rolling steel door at the Solid Waste Transfer Station with Overhead Door Company of Stockton, Inc. in the amount of $58,900, plus a 10% contingency of $5,890, for a total funding authority not to exceed amount of $64,790. (Miki Tsubota/Casey Wichert/Scott Dempsey)
MAY 10, 2022

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D. BUSINESS ITEMS
D.1. Receive a report related to School District Planning and Funding. (Alexis Morris/Erik Nolthenius)
D.2. Receive a presentation on use of affordable housing funds to rehabilitate and/or renovate non-deed restricted housing within Brentwood in need of repairs, rehabilitation or renovation, and a brief presentation from Gabriel Lemus, Community Development Block Grant (CDBG) Program Manager on programs available for such repairs and rehabilitation and discussion following the presentation. (Alexis Morris/Sylvia Elias) D.3 A Resolution approving grants from the City’s FY 2022/23 Economic Development Grant Program in the amount of $146,862 and considering the allocation of up to $15,890 in additional funds. (Tim Ogden/Joshua Ewen)
D.4 An update on the planned celebration of the City's 75th Anniversary of incorporation; receiving feedback from the City Council about the plans; and, if approved, incorporating the estimated cost into the 2022/23 - 2023/24 General Fund Operating Budget draft. (Tim Ogden/Diane Williams)
D.5 Council discussion and possible direction to staff regarding resuming in-person Council and Commission meetings. (Sukari Beshears)
E. REQUEST FOR FUTURE AGENDA ITEMS
E.1. 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.

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 on the City’s website.

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 May 5, 2022, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov
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Communication: Proclamation proclaiming May 15th to May 21st as National Police Week. (CONSENT CALENDAR) C.2
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Communication: Proclamation proclaiming May 15th to May 21st as National Public Works Week. (CONSENT CALENDAR) C.3
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Communication: Proclamation proclaiming May 2022 as Water Safety Month. (CONSENT CALENDAR) CITY COUNCIL AGENDA ITEM NO. 4
Meeting Date: May 10, 2022
Subject/Title: An ordinance of the City Council of the City of Brentwood amending Title 15 (Buildings and Construction) Chapter 15.06 of the Brentwood Municipal Code to adopt by reference the 2019 Edition of the California Fire Code, California Code of Regulations, Title 24, Part 9, as amended by Contra Costa Fire Protection District Ordinance 2019-37, including Findings in Support Amendments to the 2019 California Building Standards Code, Title 24, Part 9, California Fire Code, and Setting a Public Hearing for May 24, 2022.

Prepared by: Alexis Morris, Director of Community Development Submitted by: Alexis Morris, Director of Community Development

PURPOSE AND RECOMMENDATION
The purpose of this item is to update the City of Brentwood Municipal Code’s Building and Construction provisions to incorporate by reference the Contra Costa County Fire Protection District’s Ordinance that adopts the 2019 California Fire Code with amendments so that it may take effect before consolidation of the East Contra Costa Fire Protection District and the Contra Costa County Fire Protection District on July 1, 2022.

It is recommended that the City Council:
1) Introduce and waive the first reading of an ordinance of the City Council of the City of Brentwood amending Title 15 (Buildings and Construction) Chapter 15.06 of the Brentwood Municipal Code to adopt by reference the 2019 Edition of the California Fire Code, California Code of Regulations, Title 24, Part 9, as amended by the County of Contra Costa, the Crockett-Carquinez Fire Protection District, and the Contra Costa County-Fire Protection District Ordinance 2019-37, including Findings In Support Of Amendments to the 2019 California Building Standards Code, Title 24, Part 9, California Fire Code.
2) Find that the above description is sufficient to give notice to interested persons of the purpose of the ordinance and its subject matter; and
3) Ask that the City Clerk to set and notice a public hearing for May 24, 2022, for the City Council to consider the ordinance.

CITY COUNCIL STRATEGIC INITIATIVE
N/A

PREVIOUS ACTIONS
On October 25, 2016 the City Council introduced and waived the first reading of Ordinance No. 979, amending Title 15, Buildings and Construction of the Brentwood Municipal Code, and adopting by reference the 2016 California Fire Code (CFC) and set a public hearing on this C.4
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matter for the November 15, 2016 City Council meeting.

On November 15, 2016, the City Council adopted Ordinance No. 979, amending Title 15, Buildings and Construction of the Brentwood Municipal Code, and adopting by reference the 2016 CFC.

On February 27, 2018 the City Council introduced and waived the first reading of Ordinance 998 amending Title 15 chapter 15.06 (Fire Code), with amendments by the East Contra Costa Fire Protection District.

On March 27, 2018 the City Council adopted Ordinance 998 amending Title 15 chapter 15.06 (Fire Code), with amendments by the East Contra Costa Fire Protection District.

On December 10, 2019 the City Council adopted Ordinance No. 1011. Amending:

A) Title 15 (Buildings and Construction) Chapter 15.04 of the Brentwood Municipal Code to adopt by reference the 2019 Edition of the California Buildings Standards Code with amendments; the California Administrative Code Part 1; the California Building Code Part 2 volumes 1 and 2; the California Residential Code Part 2.5; the California Electrical Code Part 3; the California Mechanical Code Part 4; the California Plumbing Code Part 5; the California Energy Code Part 6; the California Historical Building Code Part 8; the California Existing Building Code Part 10; the California Green Building Standards Code Part 11; and the California Referenced Standards Code Part 12; and
B) Title 15 (Buildings and Construction) Chapter 15.06 of the Brentwood Municipal Code to adopt by reference the 2019 Edition of the California Building Standards Code, the California Fire Code Part 9.

BACKGROUND
Like all cities in California, Brentwood is subject to the California Building Standards Code, which includes the California Fire Code. Unless a city affirmatively adopts the California Building Standards Code every three years when they are updated by the State, the codes become effective automatically for that city without amendments and certain appendices. Upon the making of certain findings cities are, however, able to amend or exempt themselves from provisions of the California codes, including the specific volumes, amendments and appendices of the California Building Standards Code.

Effective July 1, 2022, the East Contra Costa Fire Protection District will be consolidated with the Contra Costa County Fire Protection District (“CCCFPD”). Due to the consolidation, the City must adopt CCCFPD’s fire code so that CCCFPD may provide services to the City of Brentwood and utilize its authority in the fire code. The proposed ordinance adopts, by reference, the 2019 California Fire Code with amendments as adopted by CCCFPD Ordinance 2019-37.

Findings
Health and Safety Code sections 17958.5 and 18941.5 authorize a local jurisdiction to modify or change the statewide codes and establish more restrictive building standards if the jurisdiction finds that the modifications and changes are reasonably necessary because of local climatic, geological, or topographical conditions. Under this authority, the Contra Costa County Board of Supervisors, in its capacity as the Board of Supervisors and the Board of Directors of the Contra Costa County Fire Protection District and the Crockett-Carquinez Fire Protection District, has C.4
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adopted more restrictive standards because of certain local climatic, geological and topographic conditions. Along with Ordinance No. 2019-37, the County’s findings in support of the amendments to the Fire Code are included with this staff report for City Council and public information.

Public Hearing
When a city adopts another code by reference, the Government Code requires a public hearing on an ordinance such as this after its first reading and not before. (Government Code sections 50022.2 and 50022.3.) Because of the anticipated public hearing on May 24, 2022, the proposed ordinance has been placed on the Consent Calendar portion of the May 10th agenda.

Only after the May 24th public hearing, the City Council may amend, adopt or reject the attached ordinance.

FISCAL IMPACT
There is no fiscal impact associated with this action.

Attachments:

Brentwood Fire Code Ordinance
Exhibit A Ord 2019-37 with Findings
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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) CHAPTER 15.06 OF

THE BRENTWOOD MUNICIPAL CODE TO ADOPT BY REFERENCE THE
CALIFORNIA FIRE CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9, AS AMENDED BY CONTRA COSTA FIRE PROTECTION DISTRICT ORDINANCE 2019-37, INCLUDING FINDINGS SUPPORTING AMENDMENTS TO THE 2019 CALIFORNIA BUILDING STANDARDS CODE, TITLE 24, PART 9,

CALIFORNIA FIRE CODE, AND SETTING A PUBLIC HEARING DATE FOR MAY 24, 2022.

WHEREAS, each city in California is required to adopt the California Building Standards Code and is authorized to do so by reference (Health and Safety Code §17922 and Government Code §50022.2); and
WHEREAS, the City has provided notice of, and taken all actions necessary for, the proposed adoption by reference of certain uniform State codes as set forth in this Ordinance and as required by Government Code section 50020 et. seq.

NOW, THEREFORE, the City Council of the City of Brentwood does ordain as follows:

Section 1.

The Council finds that the above description is sufficient to give notice to interested persons of the purpose of the ordinance and its subject matter.

Section 2.

The Council directs the City Clerk to set and notice a public hearing for May 24, 2022, for the City Council to consider the ordinance.

Section 3.

The Council finds that the actions contemplated by this ordinance are exempt from the California Environmental Quality Act (CEQA), under CEQA Guidelines Section 15061(b) (3), in that it can be seen with certainty that there is no possibility for the proposed ordinance to have a significant effect on the environment.

Section 4.

Chapter 15.06 (CALIFORNIA BUILDING STANDARDS CODE FIRE CODE) of the Brentwood Municipal Code, is amended in its entirety to read as follows:

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Attachment: Brentwood Fire Code Ordinance [Revision 2] (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California “Chapter 15.06 CALIFORNIA BUILDING STANDARDS CODE FIRE CODE

15.06.010 California Fire Code, California Code of Regulations, Title 24, Part 9, adoption by reference.

A. Adoption. The 2019 Edition of the California Fire Code, California Code of Regulations, Title 24, Part 9, is adopted by reference.

B. Contra Costa County Fire Protection District Ordinance adopted. Ordinance 2019-37 (Exhibit A) of the Contra Costa County Fire Protection District, adopted December 17, 2019, is hereby adopted and ratified by the City Council under the authority of California Health and Safety Code § 13869.7. Ordinance 2019-37 adopts the 2019 California Fire Code (California Code of Regulations, Title 24, Part 9, including Chapters 1-10 and 12-80, Appendix B, Appendix C, Appendix D, Appendix F, Appendix H, Appendix I, Appendix J, and Appendix K), and amends it by the changes, additions, and deletions set forth in the ordinance. The provisions of the 2019 California Fire Code, as amended by Ordinance 2019-37 shall be controlling and enforceable within the jurisdictional boundaries of the City of Brentwood.

C. Copy available. A copy of the California Building Standards Code, as amended, is on file in the City of Brentwood Community Development Department for use and examination by the public.

D. Fees. The fees for permits issued under this chapter are those established by resolution of the City Council.

E. Delegation of enforcement to Fire Chief. Pursuant to California Health and Safety Code § 13869.7, the City Council delegates enforcement of Ordinance 2019-37 to the Fire Chief of the Contra Costa County Fire Protection District, or his or her authorized representatives.

Section 5.

This ordinance shall be published in accordance with Government Code Section 36966 by either posting or publishing the ordinance in accordance with that law. Further, the City Clerk is requested to cause the text amendment and additions in Section 4 to be entered in the City of Brentwood Municipal Code. The City Clerk is further requested to file this ordinance with the California Building Standards Commission, under Health and Safety Code section 17958.7. This ordinance shall take effect on July 1, 2022, after its adoption; provided, however, that where complete plans for building have been filed and are pending for building permits prior to the effective date of this Ordinance, permits may be issued, and the applicant may proceed with construction in strict compliance with the C.4.a
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Attachment: Brentwood Fire Code Ordinance [Revision 2] (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California California Building Standards Codes, 2019 Editions, California Code of Regulations, Title 24, as adopted by Ordinance No. 1011 and amended therein.

Section 6.

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the City Council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision.

Section 7.

Unless superseded, references in City forms, documents, and regulations regarding the California Building Standards Codes, 2016 Editions, California Code of Regulations, Title 24, as adopted by the City of Brentwood, shall be construed to apply to the corresponding provisions contained within the 2019 Editions, California Code of Regulations, Title 24, as adopted and amended in this ordinance.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 10th day of May, 2022, by the following vote:

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Attachment: Brentwood Fire Code Ordinance [Revision 2] (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California C.4.b
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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of C.4.b
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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of C.4.b
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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of C.4.b
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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of C.4.b
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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of C.4.b
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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of C.4.b
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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of C.4.b
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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of C.4.b
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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of C.4.b
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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of C.4.b
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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of C.4.b
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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of C.4.b
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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of C.4.b
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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of C.4.b
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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of C.4.b
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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of C.4.b
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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of C.4.b
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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of C.4.b
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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of C.4.b
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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of C.4.b
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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of C.4.b
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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of C.4.b
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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of C.4.b
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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of C.4.b
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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of C.4.b
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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of

CONTRA COSTA COUNTY, CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT,

AND CROCKETT-CARQUINEZ FIRE PROTECTION DISTRICT
FINDINGS IN SUPPORT OF AMENDMENTS TO THE 2019 CALIFORNIA BUILDING STANDARDS CODE, TITLE 24, PART 9, CALIFORNIA FIRE CODE
The California Building Standards Commission has adopted and published the 2019 California Fire Code. The purpose of the code is to regulate and govern the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials, and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises.

Health and Safety Code section 17958.5 and 18941.5 authorize a local jurisdiction to modify or change the statewide codes and establish more restrictive building standards if the jurisdiction finds that the modifications and changes are reasonably necessary because of local climatic, geological, or topographical conditions.

Ordinance No. 2019-37 adopts the 2019 California Fire Code and amends it to address local conditions. Pursuant to Sections 17958.5 and 17958.7 of the Health and Safety Code, the Contra Costa County Board of Supervisors, in its capacity as the Board of Supervisors and the Board of Directors of the Contra Costa County Fire Protection District and the Crockett-Carquinez Fire Protection District, finds that the more restrictive standards contained in Ordinance No. 2019-37 are reasonably necessary because of certain local climatic, geological, and topographic conditions that are described below.

Local Conditions
A. Climatic

1. Precipitation and Relative Humidity
(a) Conditions
Precipitation ranges from 15 to 24 inches per year with an average of approximately 20 inches per year. 96% of precipitation falls during the months of October through April and four percent from May through September. This is a dry period of at least five months each year.

Additionally, the area is subject to occasional drought. Relative humidity remains in the middle range most of the time. It ranges from 45-65% during spring, summer, fall, and from 60-90% in the winter. It occasionally falls as low as 15%.
(b) Impact
Locally experienced dry periods cause extreme dryness of untreated wood shakes and shingles on buildings and non-irrigated grass, brush, and weeds, which are often near buildings with wood roofs and sidings. Such dryness causes these materials to ignite very readily and burn rapidly and intensely.

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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of Because of dryness, a rapidly burning grass fire or exterior building fire can quickly transfer to other buildings by means of radiation or flying brands, sparks, and embers. A small fire can rapidly grow to a magnitude beyond the control capabilities of the Fire District resulting in an excessive fire loss.

2. Temperature
(a) Conditions
Temperatures have been recorded as high as 114° F. Average summer highs are in the 90° range, with average maximums of 105° F. (b) Impact
High temperatures cause rapid fatigue and heat exhaustion of firefighters, thereby reducing their effectiveness and ability to control large building and wildland fires.

Another impact from high temperatures is that combustible building material and non-irrigated weeds, grass, and brush are preheated, thus causing these materials to ignite more readily and burn more rapidly and intensely. Additionally, the resultant higher temperature of the atmosphere surrounding the materials reduces the effectiveness of the water being applied to the burning materials. This requires that more water be applied, which in turn requires more Fire District resources in order to control a fire on a hot day. High temperatures directly contribute to the rapid growth of fires to an intensity and magnitude beyond the control capabilities of the Fire District.

3. Winds
(a) Conditions
Prevailing winds in the area are from the south or southwest in the mornings and from the north or northwest in the afternoons. However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 14 mph to 23 mph ranges, gusting to 25 to 35 mph. 40 mph winds are experienced occasionally and winds up to 55 mph have been registered locally. During the winter half of the year, strong, dry, gusty winds from the north move through the area for several days creating extremely dry conditions.
(b) Impact
Winds such as those experienced locally can and do cause fires, both interior and exterior, to burn and spread rapidly. Fires involving nonirrigated weeds, grass, and brush can grow to a magnitude and be fanned to intensity beyond the control capabilities of the Fire District very quickly even by relatively moderate winds. During wood shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. When such C.4.b
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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of fires are not controlled, they can extend to nearby buildings, particularly those with untreated wood shakes or shingles. In building fires, winds can literally force fires back into the building and can create a blow torch effect, in addition to preventing “natural” ventilation and cross-ventilation efforts.

Winds of the type experienced locally also reduce the effectiveness of exterior water streams used by the Fire District on fires involving large interior areas of buildings, fires which have vented through windows and roofs due to inadequate built-in fire protection and fires involving wood shake and shingle building exteriors. Local winds will continue to be a definite factor towards causing major fire losses to buildings not provided with fire resistive roof and siding materials and buildings with inadequately separated interior areas or lacking automatic fire protection systems. National statistics frequently cite wind conditions, such as those experienced locally, as a major factor where conflagrations have occurred.

B. Geological and Topographic

1. Seismicity
(a) Conditions
Contra Costa County is located in Seismic Risk Zone 4, which is the worst earthquake area in the United States. Buildings and other structures in Zone 4 can experience major seismic damage. Contra Costa County is in close proximity to the San Andreas Fault and contains all or portions of the Hayward, Calaveras, Concord, Antioch, Mt. Diablo, and other lesser faults. A 4.1 earthquake with its epicenter in Concord occurred in 1958, and a 5.4 earthquake with its epicenter also in Concord occurred in 1955.

The Concord and Antioch faults have a potential for a Richter 6 earthquake and the Hayward and Calaveras faults have the potential for a Richter 7 earthquake. Minor tremblers from seismic activity are not uncommon in the area.

The fire environment of a community is primarily a combination of two factors: the area’s physical geologic characteristics and a historic pattern of urban-suburban development. These two factors, alone and combined, create a mixture of environments which ultimately determines the area’s fire protection needs. The Fire District has 3 distinct areas. They are: the West, which includes the City of San Pablo and the communities of North Richmond, El Sobrante, and East Richmond Heights: the Central, which includes the Cities of Lafayette, Martinez, Pleasant Hill, Concord, Walnut Creek, Clayton, and the communities of Clyde, Pacheco, Alhambra Valley, and Alamo; and the East, which includes the Cities of Antioch and Pittsburg and the community of Bay Point.

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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of Because of the size of the Contra Costa County Fire Protection District (304 square miles), the characteristics of the fire environment changes from one location to the next. Therefore the District has not one, but a number of fire environments, each of which has its individual fire protection needs from two major oil refineries, to heavy industrial facilities, freeways, rail lines, waterways, port facilities, wildland areas, urban and suburban town settings, and major downtown areas.

Interstates 80 and 680, State Highways 4, 24, and 242, Bay Area Rapid Transit District (BART), and major thoroughfares travel throughout the District. There are 2 major rail lines which run through the District. An overpass or underpass crossing collapse would alter the response route and time for responding emergency equipment. This is due to the limited crossings of the major highways and rail lines.

Earthquakes of the magnitude experienced locally can cause major damage to electrical transmission facilities, which, in turn, cause power failures while at the same time starting fires throughout the Fire District.

The occurrence of multiple fires will quickly deplete existing fire district resources; thereby reducing and/or delaying their response to any given fire. Additionally, without electrical power, elevators, smoke management systems, lighting systems, alarm systems, and other electrical equipment urgently needed for building evacuation and fire control in large buildings without emergency generator systems would be inoperative, thereby resulting in loss of life and/or major fire losses in such buildings. (b) Impact
A major earthquake could severely restrict the response of the Fire District and its capability to control fires involving buildings of wood frame construction, with ordinary wood shake and shingle exteriors, or with large interior areas not provided with automatic smoke and fire control systems.

2. Soils
(a) Conditions
The area is replete with various soils, which are unstable, clay loam and alluvial fans being predominant. These soil conditions are moderately to severely prone to swelling and shrinking, are plastic, and tend to liquefy.

Throughout the Fire District, the topography and development growth has created a network of older, narrow roads. These roads vary from gravel to asphalt surface and vary in percent of slope, many exceeding twenty (20) percent. Several of these roads extend up through the winding passageways in the hills providing access to remote, affluent housing subdivisions. Many of these roads are private with no established maintenance program. During inclement weather, these roads are subject to rock and mudslides, as well as down trees, obstructing all vehicle C.4.b
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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of traffic. It is anticipated that during an earthquake, several of these roads would be practically impassable.

3. Topographic
(a) Conditions
(i) Vegetation
The service area of the Contra Costa County Fire Protection District has a varied topography and vegetative cover. A conglomeration of flat lands, hills, and ridges make up the terrain.

Development has occurred on the flat lands in the District and in the past 15 years development has spread into the hills, valleys, and ridge lands of the District.

Highly combustible dry grass, weeds, and brush are common in the hilly and open space areas adjacent to built-up locations six to eight months of each year. Many of these areas frequently experience wildland fires, which threaten nearby buildings, particularly those with wood roofs, or sidings. This condition can be found throughout the Fire District, especially in those fully developed areas and those areas marked for future development. (ii) Surface Features
The arrangement and location of natural and manmade surface features, including hills, creeks, canals, freeways, housing tracts, commercial development, fire stations, streets, and roads, combine to limit efficient response routes for Fire District resources into and through many areas.
(iii) Buildings, Landscaping and Terrain
Many of the “newer” large buildings and building complexes have access and landscaping features or designs which preclude, or greatly limit, efficient approach or operational access to them by Fire District vehicles. In addition, the presence of security gates, roads of inadequate width and grades which are too steep for Fire District vehicles create an adverse impact on fire suppression efforts.

When Fire District vehicles cannot gain access to buildings involved with fire, the potential for complete loss is realized.

Difficulty reaching a fire site often requires additional fire personnel and resources to successfully and safely mitigate the event. Access problems often result in severely delaying, misdirecting, or making fire and smoke control efforts
unsuccessful.

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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of (b) Impact
The above local geological and topographical conditions increase the magnitude, exposure, accessibility problems, and fire hazards presented to the Contra Costa County Fire Protection District. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number, should a significant seismic event occur. Public Safety resources would have to be prioritized to mitigate the greatest threat, and may likely be unavailable for smaller single dwelling or structure fires.

Other variables may intensify the situation:

1. The extent of damage to the water system.

2. The extents of isolation due to bridge and/or freeway overpass collapse.

3. The extent of roadway damage and/or amount of debris blocking the roadways.

4. Climatic conditions (hot, dry weather with high winds).

5. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours.

6. The availability of timely mutual aid or military assistance.

7. The large portion of dwellings with wood shake or shingles coverings could result in conflagrations.

Necessity for More Restrictive Standards
Because of the conditions described above, the Contra Costa County Board of Supervisors, in its capacity as the Board of Supervisors and the Board of Directors of the Contra Costa County Fire Protection District and the Crockett-Carquinez Fire Protection District, finds that there are building and fire hazards unique to Contra Costa County that requires the increased fire protection requirements set forth in Ordinance No. 2019-37.

The ordinance amends Chapter 1 (Scope and Administration) of the statewide Fire Code by requiring a permit for certain activities and operations that pose fire hazards. The ordinance amends the statewide Fire Code by incorporating into Chapter 3 (General Precautions Against Fire) the fire districts’ existing weed abatement program that authorizes the fire districts to declare certain weeds that pose a fire hazard as a public nuisance and to abate those weeds. The ordinance amends Chapter 4 of the statewide Fire Code (Emergency Planning and Preparedness) to require standby EMS personnel for large events as well as standby fire personnel to account for the fact that the fire district is both the local fire and EMS provider. The ordinance amends the statewide Fire Code by reducing the square footage thresholds found in Chapter 9 (Fire Protection Systems) for installation of automatic fire sprinkler systems in most commercial buildings and in private and charter schools. The ordinance amends Chapter 5 (Fire Service Features) and Appendix D (Fire Apparatus Access Roads) of the statewide Fire Code to establish requirements for fire apparatus access roads.

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Attachment: Exhibit A Ord 2019-37 with Findings (2682 : Adopt by reference the 2019 Edition of the California Fire Code, California Code of CITY COUNCIL AGENDA ITEM NO. 5
Meeting Date: May 10, 2022
Subject/Title: Second Reading of Ordinance 1037 approving Brentwood Police Department Policy 708, Military Equipment, Acquisition, and Use, as required by AB 481 (2021).

Prepared by: Tim Herbert, Captain
Submitted by: Thomas Hansen, Chief of Police

PURPOSE AND RECOMMENDATION
Waive the second reading and adopt ordinance 1037 approving Brentwood Police Department Policy 708, Military Equipment, Acquisition, and Use, as required by AB 481 (2021).

CITY COUNCIL STRATEGIC INITIATIVES
N/A

PREVIOUS ACTION
On April 26, 2022, the City Council introduced and waived the first reading of Ordinance 1037, approving the Brentwood Police Department Policy 708, Military Equipment Funding, Acquisition, and Use.

BACKGROUND
Last fall, the Governor signed into law Assembly Bill 481 (AB 481 or the Bill), adding a new reporting and authorizing process to California law with regard to the purchase and use of certain law enforcement tools. In particular, AB 481 requires each specified California law enforcement agency (LEA) to obtain approval from the applicable governing body via adoption of a "military equipment" use policy (the Policy) by ordinance (the Ordinance), prior to the LEA funding, acquiring, or using tools identified as “military equipment.” Items deemed to be "military equipment" by AB 481 are used as a component of overall best practices for LEAs throughout the country. These tools have been tested in the field and are used by LEAs to enhance citizen safety and officer safety. The loss of these items would jeopardize the welfare of our citizens and our peace officers within the Brentwood Police Department.

The term "military equipment," as used in AB 481, does not necessarily indicate equipment that the military has used or provided to the LEA. Pursuant to AB 481, items deemed to be "military equipment" include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, less lethal pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long-range acoustic devices, and flashbangs.

The Brentwood Police Department is committed to using the most up-to-date tools and equipment to safeguard the citizens of Brentwood. Many items deemed “military equipment" by AB 481 are employed by Brentwood Police Department and LEAs across the country to specifically reduce risk to our community members. These items provide peace officers with the C.5
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ability to safely resolve volatile situations that otherwise might rise to the level of a lethal force encounter. The items at issue in this report and the accompanying Military Equipment Use Policy 708 also provide Brentwood Police Department's peace officers with vital tools that facilitate compliance with its stringent use of force policy.

Other items deemed "military equipment" via AB 481 include foundational equipment such as rifles. These rifles allow peace officers to address lethal threats from a greater distance and with greater precision.

The Brentwood Police Department policy 708, “Military Equipment Funding, Acquisition, and Use” adheres to this new California law with respect to the approval, acquisition, and reporting requirements of military equipment. In addition, Assembly Bill 481 requires the City to:
 Publish the draft military equipment use policy to the Police Department’s website 30 days ahead of a public hearing to approve the policy. The Department’s draft policy was published on March 25, 2022, 31 days prior to the public hearing held April 26, 2022.  Publish an annual report to include each type of military equipment approved by City Council.
 Hold at least one well-publicized and conveniently located community engagement meeting within 30 days of submitting and publicly releasing the annual military equipment report.
 Have the City Council annually review the military equipment use ordinance and determine whether to continue the military equipment use policy or not, or whether to disapprove a renewal of a type of military equipment, or amend the military equipment use policy if City Council determines that the military equipment does not comply with standards for approval.

In adopting the ordinance, to which the Military Equipment Policy is an exhibit, the City Council is required by AB 481 to make the following findings, each of which the Department contends can be made:
 The military equipment identified in the policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

The equipment identified in Policy 708 is necessary for the Brentwood Police Department, as there are no reasonable alternative tools that law enforcement can use to achieve the same goal of both officer and civilian safety. Though the Department does not use every item of military equipment identified in Policy 708, those tools it does use are indispensable to the police work that keeps Brentwood safe and have no practical substitutes.  The proposed policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

The policy, attached as Exhibit A to the Ordinance and identified as Brentwood Police Department Policy 708, will safeguard the public’s welfare, safety, civil rights, and civil liberties in that it will create publically-known and adopted usage guidelines and standards, which will be reviewed annually.

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 If purchasing the equipment identified in the policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

The Department is not purchasing additional equipment identified in the policy.  Prior military equipment use complied with the military equipment policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

The City had no previous military equipment policy; this finding therefore does not apply.

After hearing any public comments, if the City Council votes to waive the first reading and introduce the ordinance by title only, then as is the City Council’s practice, the second reading would be placed on the consent calendar for the City Council’s next regular meeting.

New Acquisition
Along with seeking authorization to use preexisting equipment, the Brentwood Police Department also would like to inform the City Council and the public that it will acquire, fund, and use a new piece of equipment. In this regard, the Department plans to purchase new Special Weapons and Tactics (SWAT) replacement rifles in the fiscal year 2022/2023.

The Police Department plans to purchase the LMT MARS-LA automatic rifle 5.56mm. The LMT MARS-LA automatic rifle features a semi-auto piston rifle system, a railed MLOK upper receiver, Ambidextrous Charging Handle, S-A Piston Bolt Carrier Group, and a 14.5" chrome-lined Barrel.

These rifles are standard issue service weapons for our SWAT officers, and are therefore exempted from this Military Equipment Use Policy per Government Code § 7070 (c)(10). Their acquisition has been included in this staff report, as well as the report that accompanied the first reading of this ordinance, in an abundance of caution and in the interest of transparency.

FISCAL IMPACT
The FY 2021/22 General Fund Operating Budget includes funding for the use of preexisting equipment. The draft 2022/23 – 2023/24 General Fund Operating Budget will include amounts for the acquisition of new equipment as detailed in the staff report. The draft 2022/23 – 2023/24 General Fund Operating Budget is being presented to the City Council for consideration and direction at the Operating Budget workshop on May 10, 2022.

Attachments:

Ordinance Military Equipment Use policy 708
Policy 708 Military Equipment
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Draft Ordinance 2022-### Page 1
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING BRENTWOOD POLICE DEPARTMENT POLICY 708, MILITARY

EQUIPMENT FUNDING, ACQUISITION, AND USE
WHEREAS, Assembly Bill 481, approved September 30, 2021, effective January 1, 2022, and codified as Chapter 12.8 of the California Government Code (commencing with Section 7070, et seq.), requires a local law enforcement agency, such as the Brentwood Police Department, to have a military equipment use policy approved by the City Council prior to requesting, seeking funding, acquiring, collaborating with other jurisdictions about the deployment of military equipment, or using military equipment; and
WHEREAS, in order to fulfill the above requirement, Brentwood Police Department Policy 708, “Military Equipment Funding, Acquisition and Use Policy (“Policy”) is attached as Exhibit A and is hereby incorporated into this Ordinance; and
WHEREAS, AB 481 defines military equipment in Government Code Section 7070(c) to include a wide range of equipment as described in the Policy; and WHEREAS, in order to promote public safety, civil rights, and officer safety, the Brentwood Police Department desires to continue using, seeking funding for, acquiring, and collaborating, when necessary, with other law enforcement agencies, in the use of the military equipment described in the Policy; and
WHEREAS, California Government Code Section 7071(a)(2) requires a law enforcement agency to commence a city council approval process for the Policy no later than May 1, 2022; and WHEREAS, in compliance with Government Code Section 7071(b), the proposed military equipment use policy was made available on the Brentwood Police Department website on March 25, 2022, which is more than 30 days before the April 26, 2022, meeting of the City Council; and WHEREAS, on April 26, 2022, the City Council conducted a public hearing on this matter during a regularly-scheduled City Council meeting, and considered all written and verbal comments, as well as the report and presentation from staff; and
WHEREAS, on May 10, 2022, the City Council waived the second reading of this Ordinance NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD does ordain as follows:

Section 1. Recitals. The recitals set forth above are adopted as true and correct and as if restated here in full.

Section 2. Findings. The City Council of the City of Brentwood makes the following findings:

A. The City Council has examined the Policy and finds that the Police Department has submitted all information described in Government Code Section 7070(d), enabling the Council to make the following findings:

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Attachment: Ordinance Military Equipment Use policy 708 (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Draft Ordinance 2022-### Page 2

1. The military equipment identified in the policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

The Policy, attached as Exhibit A to this Ordinance and identified as Brentwood Police Department Policy 708, will safeguard the public’s welfare, safety, civil rights, and civil liberties in that it will create publically-known and adopted usage guidelines and standards, which will be reviewed annually.

3. If purchasing the equipment identified in the policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

The Department is not purchasing additional equipment identified in the policy.

4. Prior military equipment use complied with the military equipment policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

The City had no previous military equipment policy; this finding therefore does not apply.

Section 3. Approval of the Policy. The City Council of the City of Brentwood approves the Brentwood Police Department Policy 708, “Military Equipment Funding, Acquisition and Use Policy, attached and incorporated as Exhibit A into this Ordinance. In doing so, the City Council directs that:

A. Staff is authorized to request, seek funding, acquire, collaborate with other jurisdictions, and use military equipment consistent with this Policy.

B. Staff shall maintain the Policy on the Police Department’s website page.

C. The Police Department shall annually hold a publicized community engagement meeting regarding the Department’s Policy and use of military equipment, pursuant to Government Code Section 7072(b).

D. The City Council shall annually review this Ordinance, the Policy, and the annual military equipment report prepared by the Police Department pursuant to Government Code Section C.5.a
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Attachment: Ordinance Military Equipment Use policy 708 (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Draft Ordinance 2022-### Page 3
7072 and determine by resolution whether to continue the Ordinance and Policy or to modify such Policy or initiate the repeal of the Ordinance; and whether the use of the military equipment in the past year has complied with the Policy, pursuant to Government Code Section 7071.

Section 4. Severability. If any sections, subsections, sentences, clauses, phrases or portions of this Ordinance are for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this and each section, subsection, phrase or clause of this Ordinance whether or not any one or more sections, subsections, phrases or clauses may be declared invalid or unconstitutional on their face or as applied.

Section 5. CEQA. This Ordinance is not a “project” under the California Environmental Quality Act (“CEQA,” as codified at Public Resources Code Sections 21000, et seq., and as further governed by the State CEQA Guidelines, found at 14 CCR Sections 15000, et seq.) pursuant to State CEQA Guidelines Section 15378(b)(5), as it constitutes an organizational or administrative governmental activity that will not result in direct or indirect physical changes in the environment. If determined to be a “project” under CEQA, then the Ordinance is exempt from CEQA per State CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Section 6. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

Section 7. Publication. The City Clerk’s Office shall publish and post the Ordinance in accordance with Government Code Section 36933.

Section 8. Codification. The Ordinance shall not be codified in the Brentwood Municipal Code.

THE FOREGOING ORDINANCE was adopted following the second reading at a regular meeting of the Brentwood City Council on the 10th day of May 2022, by the following vote:

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Attachment: Ordinance Military Equipment Use policy 708 (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Draft Ordinance 2022-### Page 4
Exhibit A
BRENTWOOD POLICE DEPARTMENT POLICY 708

MILITARY EQUPMENT FUNDING, ACQUISITION, AND USE
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Attachment: Ordinance Military Equipment Use policy 708 (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Copyright Lexipol, LLC 2022/03/16, All Rights
Reserved. Published with permission by Brentwood
Police Department
***DRAFT*** Military Equipment - 1
Policy
708
Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
708.1 PURPOSE AND SCOPE
State
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
708.1.1 DEFINITIONS
State
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

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Attachment: Policy 708 Military Equipment (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Policy) Copyright Lexipol, LLC 2022/03/16, All Rights
Reserved. Published with permission by Brentwood
Police Department
***DRAFT*** Military Equipment - 2
Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
708.2 POLICY
State
It is the policy of the Brentwood Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 708.3 MILITARY EQUIPMENT COORDINATOR
Best Practice
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Brentwood Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
708.4 MILITARY EQUIPMENT INVENTORY
State
The following constitutes a list of qualifying equipment for the Department:

See attachment A
708.5 APPROVAL
State
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior C.5.b
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Attachment: Policy 708 Military Equipment (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Policy) Copyright Lexipol, LLC 2022/03/16, All Rights
Reserved. Published with permission by Brentwood
Police Department
***DRAFT*** Military Equipment - 3
Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 708.6 COORDINATION WITH OTHER JURISDICTIONS
State
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 708.7 ANNUAL REPORT
State
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 708.8 COMMUNITY ENGAGEMENT
State
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

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Attachment: Policy 708 Military Equipment (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Policy) Copyright Lexipol, LLC 2022/03/16, All Rights
Reserved. Published with permission by Brentwood
Police Department
***DRAFT*** Military Equipment - 4
Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
Attachment A
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Attachment: Policy 708 Military Equipment (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Policy) Copyright Lexipol, LLC 2022/03/16, All Rights
Reserved. Published with permission by Brentwood
Police Department
***DRAFT*** Military Equipment - 5
Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
Equipment Type: Semiautomatic Rifles and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 8 owned Lifespan: Approximately 15 years Equipment Capabilities: The Colt A1/A2 rifles converted to fire less-lethal paint marking Simunition rounds.

Manufacturer Product Description: The Colt A1/A2 semiautomatic rifle converted to fire less-lethal paint marking Simunition rounds.

Purpose/Authorized Uses: To train officers how to deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed.

Fiscal Impacts: The initial cost of equipment was approximately $4000. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Brentwood Police Department Policies on Use of Force and Firearms.

Training Required: Officers use the rifles to train, but due to the fact they still fire less-lethal projectiles (paint marking Simunition rounds) the officers are still required to adhere to requirements set forth by law and policy.

Other Notes: These rifles are converted standard issue service weapons for our officers and therefore exempted from this Military Equipment Use Policy per CA Gov’t Code §7070 (c) (10). They have been included in this document in an abundance of caution and in the interest of transparency.

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Attachment: Policy 708 Military Equipment (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Policy) Copyright Lexipol, LLC 2022/03/16, All Rights
Reserved. Published with permission by Brentwood
Police Department
***DRAFT*** Military Equipment - 6
Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
Equipment Type: Semiautomatic Rifles and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 31 owned Lifespan: Approximately 15 years Equipment Capabilities: The Colt A-2 semiautomatic rifle is capable of firing 5.56mm projectile bullet.

Manufacturer Product Description: The Colt A-2 semiautomatic rifle features a carrying handle. Iron sights, and a 16” Barrel.

Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to:

1. Situations where the officer reasonably anticipates an armed encounter.

2. When an officer is faced with a situation that may require accurate and effective fire at long range.

3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.

4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.

5. When an officer reasonably believes that a suspect may be wearing body armor.

6. When authorized or requested by a supervisor.

Fiscal Impacts: The initial cost of equipment was approximately $25,200. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Brentwood Police Department Policies on Use of Force and Firearms.

Training Required: Officers must successfully complete a CA POST certified 20-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy.

Other Notes: These rifles are standard issue service weapons for our officers and therefor exempted from this Military Equipment Use Policy per CA Gov’t Code §7070 (c)(10). They have been included in this document in an abundance of caution and in the interest of transparency.

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Attachment: Policy 708 Military Equipment (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Policy) Copyright Lexipol, LLC 2022/03/16, All Rights
Reserved. Published with permission by Brentwood
Police Department
***DRAFT*** Military Equipment - 7
Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
Equipment Type: Semiautomatic Rifles and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 20 owned Lifespan: Approximately 15 years Equipment Capabilities: The Colt M4 semiautomatic rifle is capable of firing 5.56mm projectile bullet.

Manufacturer Product Description: The Colt M4 semiautomatic rifle features a magpul foregrip, magpul rear sights, and a 16” Barrel.

1. Situations where the officer reasonably anticipates an armed encounter.

2. When an officer is faced with a situation that may require accurate and effective fire at long range.

3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.

4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.

5. When an officer reasonably believes that a suspect may be wearing body armor.

6. When authorized or requested by a supervisor.

Fiscal Impacts: The initial cost of equipment was approximately $26,400. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Brentwood Police Department Policies on Use of Force and Firearms.

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Packet Pg. 59
Attachment: Policy 708 Military Equipment (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Policy) Copyright Lexipol, LLC 2022/03/16, All Rights
Reserved. Published with permission by Brentwood
Police Department
***DRAFT*** Military Equipment - 8
Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
Equipment Type: Semiautomatic Rifles and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 4 owned Lifespan: Approximately 15 years Equipment Capabilities: The LWRC semiautomatic rifle is capable of firing 5.56mm projectile bullet.

Manufacturer Product Description: The LWRC semiautomatic rifle features a railed forend, selfregulating short-stroke gas piston system, dual control fully ambidextrous lower receiver, and a 8.5” cold hammer forged barrel.

1. Situations where the officer reasonably anticipates an armed encounter.

2. When an officer is faced with a situation that may require accurate and effective fire at long range.

3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.

4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.

5. When an officer reasonably believes that a suspect may be wearing body armor.

6. When authorized or requested by a supervisor.

Fiscal Impacts: The initial cost of equipment was approximately $10,000. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Brentwood Police Department Policies on Use of Force and Firearms.

Other Notes: These rifles are standard issue service weapons for our traffic officers and therefor exempted from this Military Equipment Use Policy per CA Gov’t Code §7070 (c)(10). They have been included in this document in an abundance of caution and in the interest of transparency.

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Packet Pg. 60
Attachment: Policy 708 Military Equipment (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Policy) Copyright Lexipol, LLC 2022/03/16, All Rights
Reserved. Published with permission by Brentwood
Police Department
***DRAFT*** Military Equipment - 9
Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
Equipment Type: Automatic Rifles and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 15 owned Lifespan: Approximately 15 years Equipment Capabilities: The COLT M4 Commando automatic rifle is capable of firing 5.56mm projectile bullet.

Manufacturer Product Description: The COLT M4 Commando automatic rifle features a 11.5” Cold Hammer Forged Barrel.

1. Situations where the officer reasonably anticipates an armed encounter.

2. When an officer is faced with a situation that may require accurate and effective fire at long range.

3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.

4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.

5. When an officer reasonably believes that a suspect may be wearing body armor.

6. When authorized or requested by a supervisor.

Fiscal Impacts: The initial cost of equipment was approximately $21,000. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Brentwood Police Department Policies on Use of Force and Firearms.

Training Required: Officers must successfully complete a CA POST certified 20-hour patrol rifle course, attend a select fire training course, as well as regular department firearms training and qualifications as required by law and policy.

Other Notes: These rifles are standard issue service weapons for our SWAT officers and therefor exempted from this Military Equipment Use Policy per CA Gov’t Code §7070 (c)(10). They have been included in this document in an abundance of caution and in the interest of transparency.

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Packet Pg. 61
Attachment: Policy 708 Military Equipment (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Policy) Copyright Lexipol, LLC 2022/03/16, All Rights
Reserved. Published with permission by Brentwood
Police Department
***DRAFT*** Military Equipment -
10 Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
Equipment Type: Automatic Rifles and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 4 owned Lifespan: Approximately 15 years Equipment Capabilities: The LMT MARS-LA automatic rifle is capable of firing 5.56mm projectile bullet.

Manufacturer Product Description: The LMT MARS-LA automatic rifle features the railed forend, MLC Upper Receiver, Ambidextrous Charging Handle, S-A Piston Bolt Carrier Group, and a 14.5” Cold Hammer Forged Barrel.

7. Situations where the officer reasonably anticipates an armed encounter.

8. When an officer is faced with a situation that may require accurate and effective fire at long range.

9. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.

10. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.

11. When an officer reasonably believes that a suspect may be wearing body armor.

12. When authorized or requested by a supervisor.

Fiscal Impacts: The initial cost of equipment was approximately $8,000. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Brentwood Police Department Policies on Use of Force and Firearms.

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Packet Pg. 62
Attachment: Policy 708 Military Equipment (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Policy) Copyright Lexipol, LLC 2022/03/16, All Rights
Reserved. Published with permission by Brentwood
Police Department
***DRAFT*** Military Equipment -
11 Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
Equipment Type: Semiautomatic Rifle and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 2 owned Lifespan: Approximately 15 years Equipment Capabilities: The Accuracy International AE MkII Sniper Rifle is capable of firing a 7.62mm projectile bullet.

Manufacturer Product Description: Accuracy International AE MkII bolt-action .308 Winchester/7.62 NATO Rifle.

1. 20" heavy profile barrel

2. Two stage trigger
Purpose/Authorized Uses: This rifle is authorized for use by a Sniper-trained, SWAT Operator only and may be deployed in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the rifle may include but are not limited to:

1. Situations where the officer reasonably anticipates an armed encounter.

2. When the officer is faced with a situation that may require accurate and effective fire at long range.

3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.

4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.

5. When an officer reasonably believes that a suspect may be wearing body armor.

6. When authorized or requested by a supervisor.

Fiscal Impacts: The initial cost of equipment was approximately $10,000. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Brentwood Police Department Policies on Use of Force and Firearms.

Training Required: In addition to patrol rifle and standard SWAT Operator training, SWAT Snipers must successfully complete a CA POST certified sniper course as well as regular SWAT Sniper training and qualifications as required by law and policy.

Other Notes: The Brentwood Police Department does not presently have a SWAT Sniper among its staff, so there are no Brentwood Police personnel presently authorized to use this equipment. They have been included in this document in an abundance of caution and in the interest of transparency.

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Packet Pg. 63
Attachment: Policy 708 Military Equipment (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Policy) Copyright Lexipol, LLC 2022/03/16, All Rights
Reserved. Published with permission by Brentwood
Police Department
***DRAFT*** Military Equipment -
12 Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
Equipment Type: Semiautomatic Rifle and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 1 owned Lifespan: Approximately 15 years Equipment Capabilities: The H&K MP5 is capable of firing a 40 cal projectile bullet.

Manufacturer Product Description: The H&K MP5 is a sub machine capable of firing either semi or fully automatic.

Purpose/Authorized Uses: This rifle is authorized for use by a SWAT Operator only and may be deployed in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. The SWAT Operator has to have been to the select fire course and pass a police rifle qualification with the rifle. Examples of some general guidelines for deploying the rifle may include but are not limited to:

7. Situations where the officer reasonably anticipates an armed encounter.

8. When the officer is faced with a situation that may require accurate and effective fire at long range.

9. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.

10. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.

11. When an officer reasonably believes that a suspect may be wearing body armor.

12. When authorized or requested by a supervisor.

Fiscal Impacts: The initial cost of equipment was approximately $2,000. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Brentwood Police Department Policies on Use of Force and Firearms.

Training Required: SWAT officers must successfully complete a CA POST certified 20-hour patrol rifle course, attend a select fire training course, as well as regular department firearms training and qualifications as required by law and policy.

Other Notes: The Brentwood Police Department does not presently have a SWAT member assigned to the rifle, so there are no Brentwood Police personnel presently authorized to use this equipment.

They have been included in this document in an abundance of caution and in the interest of transparency.

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Packet Pg. 64
Attachment: Policy 708 Military Equipment (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Policy) Copyright Lexipol, LLC 2022/03/16, All Rights
Reserved. Published with permission by Brentwood
Police Department
***DRAFT*** Military Equipment -
13 Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
Equipment Type: Semiautomatic Rifle and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 1 owned Lifespan: Approximately 15 years Equipment Capabilities: The H&K MP5 is capable of firing a 9mm projectile bullet.

Manufacturer Product Description: The H&K MP5 is a sub machine capable of firing either semi or fully automatic.

1. Situations where the officer reasonably anticipates an armed encounter.

2. When the officer is faced with a situation that may require accurate and effective fire at long range.

3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.

4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.

5. When an officer reasonably believes that a suspect may be wearing body armor.

6. When authorized or requested by a supervisor.

Fiscal Impacts: The initial cost of equipment was approximately $2,000. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Brentwood Police Department Policies on Use of Force and Firearms.

Other Notes: The Brentwood Police Department does not presently have a SWAT member assigned to the rifle, so there are no Brentwood Police personnel presently authorized to use this equipment.

They have been included in this document in an abundance of caution and in the interest of transparency.

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Packet Pg. 65
Attachment: Policy 708 Military Equipment (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Policy) Copyright Lexipol, LLC 2022/03/16, All Rights
Reserved. Published with permission by Brentwood
Police Department
***DRAFT*** Military Equipment -
14 Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
Equipment Type: Defense Technologies Spede Heat Burning CS Gas Munition Quantity Owned/Sought: 30 Canisters Lifespan: 5 Years
Equipment Capabilities: 81.2 Gram Burning CS Tear Gas Munition Manufacturer Product Description: The Spede-Heat CS Grenade is a high volume, continuous burn that expels it’s payload in approximately 20-40 seconds. The payload is discharged through 4 gas ports on top of the canister, 3 on the side, and one on the bottom. This launch able grenade is 6.12in x 2/62in and holds approximately 2.9 oz of active agent.

Purpose/Authorized Uses: SWAT missions / crowd dispersal / high risk tactical missions / intermediate use of force
Fiscal Impacts: Each grenade costs approximately $24
Legal/Procedural Rules Governing Use: Chemical agents can be deployed anytime it is deem necessary to safely do so in a tactical situation. These agents greatly reduce the risk of injury to officers and suspects due to their intended effects. Most suspects give up instead of trying to withstand the discomfort of being exposed to these agents.

Training Required: In order to deploy or teach deployment methods, Instructors must attend a 40 hours CATO/POST approved Instructor course. Once individual operators from the SWAT Team have been trained, the deployment is subject to supervisor approval for deployment.

Other Notes: Although launch able, these grenades pose a high threat of fire from deployment. BPD employs several different delivery methods to minimize this risk.

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Packet Pg. 66
Attachment: Policy 708 Military Equipment (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Policy) Copyright Lexipol, LLC 2022/03/16, All Rights
Reserved. Published with permission by Brentwood
Police Department
***DRAFT*** Military Equipment -
15 Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
Equipment Type: Defense Technologies 40mm Direct Impact CS Rounds Quantity Owned/Sought: 100 rounds owned Lifespan: 5 years Equipment Capabilities: To be launched as a less-lethal impact weapon with a small chemical payload Manufacturer Product Description: The 40mm Direct Impact Munition is a point-of-aim, point-ofimpact direct fired round. An excellent solution whether you need to incapacitate a single subject or control a crowd. When loaded with CS powder, the Direct Impact combines blunt force trauma with the effects of an irritant powder, maximizing the potential for incapacitation.

Purpose/Authorized Uses: To incapacitate violent suspects / less-lethal intermediate use of force Fiscal Impacts: Approximately $30.30 per round
Legal/Procedural Rules Governing Use: Because these munitions are an intermediate use of force, they may deployed in a situation where a reasonable officer would believe them to be useful and lawful. Based on the chemical agent payload, which has a similar effect to OC Spray, proper decontamination regulations must be followed.

Training Required: Instructors for 40mm less lethal training must attend a 24 hour POST certified class and a 4 hours instructional course must be provided to officers deploying a 40mm launcher.

Annual trainings are also necessary for deployment.

Other Notes: Both 40mm non-chemical and CS payload crushable and sponge tip less lethal rounds are available for use at BPD. It is encouraged that officers deploy a non-chemical agent version, unless trained to deploy and decontaminate chemical agents.

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Packet Pg. 67
Attachment: Policy 708 Military Equipment (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Policy) Copyright Lexipol, LLC 2022/03/16, All Rights
Reserved. Published with permission by Brentwood
Police Department
***DRAFT*** Military Equipment -
16 Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
Equipment Type: Defense Technologies 6 Round 40mm Launcher Quantity Owned/Sought: 9 Launchers Owned – (5) 6
round launchers, (2) 4 round launchers, (2) single
round launchers
Lifespan: None, maintained by range staff
Equipment Capabilities: Launchers are capable of firing 40mm projectiles of varying payload Manufacturer Product Description: Designed for riot and tactical situations, DEF TECH 1440 40mm Tactical Launcher is a low profile, light weight launcher which can provide multiple follow up shots. A full Picatinny rail allows for multiple attachments.

Purpose/Authorized Uses: Less Lethal launcher delivers impact and chemical projectiles Fiscal Impacts: $1,800 per unit
Legal/Procedural Rules Governing Use: Based on UOF – Intermediate level UOF - Training Required: Instructors must complete 24 hr POST certified course and user must complete a 4 hours course.

Other Notes: This launcher can deploy both chemical and non-chemical rounds. Specific training is provided to officers to determine the payload of the munition desired. This launcher can be used on patrol as a Less Lethal option or for tactical situations where a combination of chemical and nonchemical payloads are necessary.

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Packet Pg. 68
Attachment: Policy 708 Military Equipment (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Policy) Copyright Lexipol, LLC 2022/03/16, All Rights
Reserved. Published with permission by Brentwood
Police Department
***DRAFT*** Military Equipment -
17 Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
Equipment Type: Defense Technologies Shotgun Breaching Rounds – 12 gauge Quantity Owned/Sought: 14 rounds Lifespan: 10 years
Equipment Capabilities: These rounds are capable of defeating door hinges, locking mechanisms and glass for easy entry into a structure during tactical situations.

Manufacturer Product Description: The 12-gauge TKO breaching round is a 12 gauge shell loaded with a compressed zinc slug, utilizing smokeless powder as a propellant. The TKO is a widely used method to breach door locks or hinges for entry during tactical operations. When properly deployed, the TKO is capable of defeating door lock mechanisms, door knobs, hinges, dead bolts, safety chains, and pad locks on both wooden doors and hollow core doors. Upon impact with the target, the zinc slug disintegrates into a fine
Purpose/Authorized Uses: To defeat locked doors in tactical operations. Use is authorized after a planned mission is confirmed by Tac Commander during SWAT operations or when reasonable deemed necessary in a high risk patrol setting.

Fiscal Impacts: $12.00 per round
Legal/Procedural Rules Governing Use: Operator must be certified by a POST 16 hour class in the use of Breaching Shotgun.

Training Required: 16 hours POST approved course, bi-annual training is conducted Other Notes:

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Packet Pg. 69
Attachment: Policy 708 Military Equipment (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Policy) Copyright Lexipol, LLC 2022/03/16, All Rights
Reserved. Published with permission by Brentwood
Police Department
***DRAFT*** Military Equipment -
18 Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
Equipment Type: Royal Arms 12 gauge Flash Bang Rounds
Quantity Owned/Sought: 6 rounds Lifespan: 10 years
Equipment Capabilities: Designed as a less lethal / diversionary device. Able to break glass or temporarily stun suspect.

Manufacturer Product Description: Designed as a Less Lethal / Diversionary Device which produces 185 dB and can breach solid wood doors, light steel, sliders, car windows and used in crawl spaces.

Purpose/Authorized Uses: Operator must be certified by attending a POST certified 16 hours Shotgun Breacher Course and conduct bi-annual trainings.

Fiscal Impacts: $5 per round
Legal/Procedural Rules Governing Use: Less Lethal intermediate UOF guidelines apply. For use during tactical operations or when applicable and deemed safe during patrol functions.

Training Required: 16 hour POST certified course and Bi-annual trainings Other Notes:

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Packet Pg. 70
Attachment: Policy 708 Military Equipment (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Policy) Copyright Lexipol, LLC 2022/03/16, All Rights
Reserved. Published with permission by Brentwood
Police Department
***DRAFT*** Military Equipment -
19 Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
Equipment Type: Defense Technologies 40mm Signaling Flare 50m Quantity Owned/Sought: 140 rounds Lifespan: 5 years
Equipment Capabilities: To be launched from a 40mm launcher and deliver a loud bang and emission of light to disperse a crowd deem unlawful
Manufacturer Product Description: This 40mm aerial warning/signaling munition, 50 m, is intended for use in situations where a stand-off distance is desired, giving the operator the ability to engage crowds, vehicles, or vessels. Launched from a 40mm platform, the munitions deflagrate at a set distance of 50 meters to deliver 170 dB of sound and 5 million candelas of light, noticeable day or night conditions. A tactile feature on the nose of the cone indicates the designated distance.

Purpose/Authorized Uses: Crowd dispersion, glass breaking, knock and notice of residence and business during a tactical operation where an operator at the front door is in danger of inhabitants.

Fiscal Impacts: $50.00 per round
Legal/Procedural Rules Governing Use: A POST certified 16 hours instructor course is required to administer training to operators. Bi-annual training in required for deployment Training Required: 16 hours POST certified Less Lethal Instructor Course Other Notes:

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Packet Pg. 71
Attachment: Policy 708 Military Equipment (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Policy) Copyright Lexipol, LLC 2022/03/16, All Rights
Reserved. Published with permission by Brentwood
Police Department
***DRAFT*** Military Equipment -
20 Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
Equipment Type: Defense Technologies 40mm Signaling Flare 50m CS Payload Quantity Owned/Sought: 50 Rounds Lifespan: 5 Years
Equipment Capabilities: To launch a 40mm Signaling Flare which emits light, sound and a small payload of powdered CS chemical irritant.

Manufacturer Product Description: This 40mm aerial warning/signaling munition, 50 m, is intended for use in situations where a stand-off distance is desired, giving the operator the ability to engage crowds, vehicles, or vessels. Launched from a 40mm platform, the munitions deflagrate at a set distance of 50 meters to deliver 170 dB of sound and 5 million candelas of light, noticeable day or night conditions. A tactile feature on the nose of the cone indicates the designated distance.

Purpose/Authorized Uses: Crowd dispersion, glass breaking, knock and notice of residence and business during a tactical operation where an operator at the front door is in danger of inhabitants.

These rounds also deliver a chemical payload which can assist in crowd dispersion.

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Packet Pg. 72
Attachment: Policy 708 Military Equipment (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Policy) Copyright Lexipol, LLC 2022/03/16, All Rights
Reserved. Published with permission by Brentwood
Police Department
***DRAFT*** Military Equipment -
21 Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
Equipment Type: Defense Technologies Stinger CS Rubber Ball Grenade Quantity Owned/Sought: 30 Grenades Lifespan: 5 Years
Equipment Capabilities: To deliver a payload of light, sound, impact from rubber balls as well as a chemical agent payload in an open air or closed environment.

Manufacturer Product Description: The Stinger CS Rubber Ball Grenade is a maximum effect device that delivers four stimuli for psychological and physiological effects. Rubber pellets, light, sound, and CS. The Stinger Grenade is most widely used as a crowd management tool by LE and Corrections. The Stinger Grenade has an initial 1.5 second delay that initiates fuze assembly separation, followed by another .5 second delay before the blast which is sufficient to project the rubber balls and chemical agent in a 50 foot radius.

Purpose/Authorized Uses: Crowd control and violent suspect compliance. For use during tactical operations, as well as patrol situations where the device is deemed necessary for a peaceful resolution. Intermediate UOF.

Fiscal Impacts: $48.75 per grenade
Legal/Procedural Rules Governing Use: 24 hours NFDD Instructor Course is required to train operators in the use of this device. Bi-Annual training is recommended for operators.

Training Required: 24 hour POST Certified Instructor Course or Bi-Annual 4 hour training for NFDD Devices for operators.

Other Notes:

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Packet Pg. 73
Attachment: Policy 708 Military Equipment (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Policy) Copyright Lexipol, LLC 2022/03/16, All Rights
Reserved. Published with permission by Brentwood
Police Department
***DRAFT*** Military Equipment -
22 Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
Equipment Type: Unmanned Aircraft Systems (UAS/Drones) – CA Gov’t Code §7070(c)(1) Quantity Owned/Sought: 3 owned Lifespan: Approximately 5 years Equipment Capabilities: Remotely piloted aerial vehicles capable of providing live and recorded video images captured from aerial positions, including images enhanced by Forward Looking Infrared (FLIR) and optical zoom lenses.

Manufacturer Product Description:

Matrice 210: The DJI Matrice 210 is a powerful, industrial-grade fight platform with world-class agility and speed, two barometers, and redundant IMUs for maximum reliability, and new smart flight features that make capturing complex shots easy. The aircraft’s visual sensors enable enhanced hovering precision even when flying indoors or in environments where GNSS is unavailable. The drone’s new airframe design gives it an IP43 Ingress Protection Rating, in accordance with the global IEC 60529 standard. The M210/M210 RTK’s mechanical design, along with quick release landing gears and mounted folding arms, makes it easy to transport, store, and prepare for flight.

Mavic II Enterprise: The DJI Mavic II Enterprise features omnidirectional Vision Systems and Infrared Sensing Systems, and comes with a fully stabilized 3-axis gimbal camera with an equivalent 24-48 mm 2x optical enterprise lens capable of shooting 4k videos and 12 megapixel photos that support up to 6x FHD zoom. DJI signature tecUologies such as Obstacle Sensing and the Advanced Pilot Assistance System, help you capture complex shots effortlessly. Additional features like the built in AirSense make you aware of your surrounding airspace, and password protection helps you maintain secure access to your aircraft and protect your data. The Mavic II Enterprise also has attachable modular accessories like the M2E spotlight, M2E Beacon, and M2E Speaker that are purpose built for various applications. The Mavic II Enterprise boasts a maximum flight speed of 44.7 mph and a maximum flight time of 31 minutes.

Purpose/Authorized Uses: UAS/Drones may be utilized to enhance the Department’s mission of protecting lives and property when other means and resources are not available or are less effective.

Uses may include but are not limited to: search and rescue; suspect apprehension; crime scene documentation; tactical operations; scene security; hazard monitoring, identification and mitigation; response to emergency calls; crisis communications; legally authorized surveillance.

Fiscal Impacts: The initial costs of equipment, licensing, software and training was approximately $70,000 which was funded with Equitable Sharing Asset Forfeiture Funds. Ongoing cost associated with UAS operation and maintenance is estimated to be approximately $15,000 per year.

Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.

Training Required: Prior to piloting any UAS/Drone staff members must secure an FAA Remote Pilot License and complete all training required by our FAA COA.

Other Notes: None.

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Packet Pg. 74
Attachment: Policy 708 Military Equipment (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Policy) Copyright Lexipol, LLC 2022/03/16, All Rights
Reserved. Published with permission by Brentwood
Police Department
***DRAFT*** Military Equipment -
23 Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
Equipment Type: 40mm Less Lethal Launchers and Kinetic Energy Munitions - CA Gov’t Code §7070(c)(14)
Quantity Owned/Sought: 24 owned Lifespan: Approximately 5 years Equipment Capabilities: The 40mm direct impact marking crushable foam round is Less Lethal and fired from a 40mm less Lethal Launcher.

Manufacturer Product Description: The Defense Technology exact impact 40 mm standard range foam round is a point of aim, point of impact, direct-fire foam round used to mark a location or aggressor. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore, have velocities that are extremely consistent. Used for Crowd Control, Patrol, and Tactical Applications.

Purpose/Authorized Uses: The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option.

Fiscal Impacts: The initial cost of this equipment was approximately $1,000. The ongoing costs for munitions will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Brentwood Police Department Policies on Use of Force and Crowd Control.

Training Required: Officers must complete a department certified 40mm course as well as regular training and qualifications as required by law and policy.

Other Notes: None.

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Attachment: Policy 708 Military Equipment (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Policy) Copyright Lexipol, LLC 2022/03/16, All Rights
Reserved. Published with permission by Brentwood
Police Department
***DRAFT*** Military Equipment -
24 Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
Equipment Type: 40mm Less Lethal Launchers and Kinetic Energy Munitions - CA Gov’t Code §7070(c)(14)
Quantity Owned/Sought: 99 owned Lifespan: Approximately 5 years Equipment Capabilities: The 40mm exact impact standard range sponge foam round is Less Lethal and fired from a 40mm less Lethal Launcher.

Manufacturer Product Description: The exact impact Sponge Round is a point-of-aim, point-of-impact direct-fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore, have velocities that are extremely consistent. Used for Crowd Control, Patrol, and Tactical Applications.

Purpose/Authorized Uses: The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option.

Fiscal Impacts: The initial cost of this equipment was approximately $3,000. The ongoing costs for munitions will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Brentwood Police Department Policies on Use of Force and Crowd Control.

Training Required: Officers must complete a department certified 40mm course as well as regular training and qualifications as required by law and policy.

Other Notes: None.

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Attachment: Policy 708 Military Equipment (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Policy) Copyright Lexipol, LLC 2022/03/16, All Rights
Reserved. Published with permission by Brentwood
Police Department
***DRAFT*** Military Equipment -
25 Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
Equipment Type: 40mm Less Lethal Launchers and Kinetic Energy Munitions - CA Gov’t Code §7070(c)(14)
Quantity Owned/Sought: 9 owned Lifespan: Approximately 5 years Equipment Capabilities: The 40mm foam baton standard range sponge foam round is Less Lethal and fired from a 40mm less Lethal Launcher.

Manufacturer Product Description: The exact impact Sponge Round is a point-of-aim, point-of-impact direct-fire round. The 40 mm Foam Baton Round is most widely used as a crowd management tool where stand-off distances are limited. It may also prove valuable in riot situations where police lines and protestors are in close proximity. It utilizes smokeless powder and has more consistent velocities and tighter patterns compared to its 37 mm counterpart. The foam projectile allows for closer deployment, while minimizing injury.

Purpose/Authorized Uses: The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option.

Fiscal Impacts: The initial cost of this equipment was approximately $500. The ongoing costs for munitions will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Brentwood Police Department Policies on Use of Force and Crowd Control.

Training Required: Officers must complete a department certified 40mm course as well as regular training and qualifications as required by law and policy.

Other Notes: None.

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Attachment: Policy 708 Military Equipment (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Policy) Copyright Lexipol, LLC 2022/03/16, All Rights
Reserved. Published with permission by Brentwood
Police Department
***DRAFT*** Military Equipment -
26 Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
Equipment Type: Battering rams, slugs, and breaching apparatus that are explosive in nature - CA Gov’t Code §7070(c)(7)
Quantity Owned/Sought: 147 rounds owned Lifespan: Approximately 5 years Equipment Capabilities: Capable of breaching doors, gates, windows, and other points of entry.

Manufacturer Product Description: 2-3/4” multi grain, blank, copper frangible 12 Ga Shotgun round(s). When properly deployed, the round is capable of defeating door lock mechanisms, door knobs, hinges, dead bolts, safety chains, and pad locks on both wooden doors and hollow core doors.

Purpose/Authorized Uses: Breaching doors, gates, windows, and other points of entry.

Fiscal Impacts: The initial cost of this equipment was approximately $2,000. The ongoing costs for munitions will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: Breaching apparatus that are explosive in nature can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching, and non-explosive breaching methods are not tactically practicable. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances.

Training Required: Only members of the SWAT team who have attended a 16 hour shotgun breaching specific training course are authorized to carry and use the breaching rounds.

Other Notes: None.

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Attachment: Policy 708 Military Equipment (2681 : Second Reading of Ordinance 1037 Adopting a Military Equipment Use Policy) CITY COUNCIL AGENDA ITEM NO. 6
Meeting Date: May 10, 2022
Subject/Title: Resolutions approving the continued use of teleconferencing for meetings of (1) the City Council and all subsidiary City legislative bodies, (2) the Successor Agency to the Brentwood Redevelopment Agency, and (3) the Brentwood Infrastructure Financing Authority, from May 10, 2022 through June 9, 2022, per AB 361 (2021)
Prepared by: Margaret Wimberly, City Clerk
Submitted by: Tim Ogden, City Manager

PURPOSE AND RECOMMENDATION
As required by State law, this item extends for a period of thirty days, the ability of the City Council and its subsidiary legislative bodies, the Successor Agency to the Brentwood Redevelopment Agency, and the Brentwood Infrastructure Financing Authority to hold teleconference meetings pursuant to the emergency provisions established by Assembly Bill (AB) 361 (2021), and set forth in the Ralph M. Brown Act (Government Code Sections 54950, et seq., hereafter, “the Brown Act”)
It is recommended that:

1. The City Council adopt a Resolution approving the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies from May 10, 2022 through June 9, 2022, per AB 361 (2021)

2. The City Council, sitting as the Successor Agency, adopt a Resolution approving the continued use of teleconferencing for meetings of the Successor Agency to the Brentwood Redevelopment Agency from May 10, 2022 through June 9, 2022, per AB 361 (2021)

3. The City Council, sitting as the Brentwood Infrastructure Financing Authority (the “Authority”), adopt a Resolution approving the continued use of teleconferencing for meetings of the Authority from May 10, 2022 through June 9, 2022, per AB 361 (2021)

CITY COUNCIL STRATEGIC INITIATIVE
None.

PREVIOUS ACTION
See Attachment A.

BACKGROUND
The Brown Act governs the manner in which meetings of local legislative bodies are to be conducted. In September 2021, the Brown Act was amended by AB 361 to provide for the use of teleconferencing by legislative bodies in times of emergencies, such as global health pandemics, wildfires, and the like.

In order to conduct public meetings under this new teleconferencing model, legislative bodies are required to, among other things:
 ensure public comment opportunities in real time during meetings; C.6
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 discontinue action on agenda items by the legislative body in the event of a disruption that prevents the City from broadcasting the remote meeting, or in the event of a disruption within the City’s control that prevents members of the public from offering public comments in real time; and
 make periodic findings regarding the ongoing need for teleconferencing.

The periodic findings required by the state must be made every 30 days. To make these findings, the City’s legislative bodies must determine that:

1. the circumstances of the state of emergency have been reconsidered, and

2. either of the following circumstances continue to exist:
a. the state of emergency continues to directly impact the ability of the members to safely meet in person, or
b. state or local officials continue to impose or recommend measures to promote social distancing.

As noted in the attached resolutions, the circumstances of the state of emergency continue to exist, insomuch as the State of California’s State of Emergency due to COVID-19 (originally issued March 4, 2020, and thereafter updated) remains in effect with respect to cities.

In addition, Dr. Sefanit Mekuria, Deputy Public Health Officer for Contra Costa County, issued revised recommendations on April 15, 2022, for safely holding public meetings, including strongly recommending teleconferencing meetings as those meetings present the lowest risk of transmission of the virus that causes COVID-19, and further recommended social distancing and face masking of all attendees if public meetings were held in person (see Exhibit 1 to the attached Resolutions).

As the Agency and the Authority are separate entities related to, but independent of, the City, this is a joint staff report, with separate resolutions prepared for each entity. The attached Resolutions make the required findings under AB 361 (2021). If adopted, they will allow the City and its subsidiary bodies, the Agency, and the Authority to continue to use teleconferencing and offer remote participation for public meetings for the next 30 days.

FISCAL IMPACT
None.

Attachments:

Attachment
AB 361 Resolution
AB 361 Resolution Successor Agency
AB 361 Resolution BIFA
AB 361 Resolution Attachment (Exhibit 1) 04.15.2022
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“Attachment A”

PREVIOUS ACTION
On March 17, 2020, the City Council, by Resolution No. 2020-36, confirmed the Director of Emergency Services’ Proclamation of the Existence of a Local Emergency Due to the Spread of a Severe Acute Respiratory Illness Caused by the Novel Coronavirus Designated as COVID-19.

On October 12, 2021, the City Council, by Resolution No. 2021-131, approved the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies, from October 12, 2021 through November 11, 2021, per AB 361 (2021).

On October 12, 2021, the Successor Agency (the “Agency”), by Resolution No. 2021-04-SA, approved the continued use of teleconferencing for meetings of the Agency from October 12, 2021 through November 11, 2021, per AB 361 (2021).

On October 12, 2021, the Brentwood Infrastructure Financing Authority (the “Authority”), by Resolution No. BIFA-32, approved the continued use of teleconferencing for meetings of the Authority from October 12, 2021 through November 11, 2021, per AB 361 (2021).

On November 9, 2021, the City Council, by Resolution No. 21-140, approved the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies, from November 9, 2021 through December 9, 2021, per AB 361 (2021).

On November 9, 2021, the Agency, by Resolution No. 2021-05-SA, approved the continued use of teleconferencing for meetings of the Agency from November 9, 2021 through December 9, 2021, per AB 361 (2021).

On November 9, 2021, the Authority, by Resolution No. BIFA-33, approved the continued use of teleconferencing for meetings of the Authority from November 9, 2021 through December 9, 2021, per AB 361 (2021).

On November 16, 2021, the City Council, by Resolution No. 2021-143, approved the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies, from November 16, 2021 through December 16, 2021, per AB 361 (2021).

On November 16, 2021, the Agency, by Resolution No. 2021-06-SA, approved the continued use of teleconferencing for meetings of the Agency from November 16, 2021 through December 16, 2021, per AB 361 (2021).

On November 16, 2021, the Authority, by Resolution No. BIFA-34, approved the continued use of teleconferencing for meetings of the Authority from November 16, 2021 through December 16, 2021, per AB 361 (2021).

On December 14, 2021, the City Council, by Resolution No. 2021-153, approved the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies, from December 14, 2021 through January 13, 2022, per AB 361 (2021).

On December 14, 2021, the Agency, by Resolution No. 2021-07-SA, approved the continued use of teleconferencing for meetings of the Agency from December 14, 2021 through January 13, 2022, per AB 361 (2021).

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Attachment: Attachment (2680 : AB 361 - Teleconferencing) On December 14, 2021, the Authority, by Resolution No. BIFA-35, approved the continued use of teleconferencing for meetings of the Authority from December 14, 2021 through January 13, 2022, per AB 361 (2021).

On January 11, 2022, the City Council, by Resolution No. 2022-03 approved the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies, from January 11, 2022 through February 10, 2022 per AB 361 (2021).

On January 11, 2022, the Agency, by Resolution No. 2022-01-SA, approved the continued use of teleconferencing for meetings of the Agency from January 11, 2022 through February 10, 2022 per AB 361 (2021).

On January 11, 2022, the Authority, by Resolution No. BIFA-36 approved the continued use of teleconferencing for meetings of the Authority from January 11, 2022 through February 10, 2022 per AB 361 (2021).

On February 8, 2022, the City Council, by Resolution No. 2022-18 approved the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies, from February 8, 2022 through March 10, 2022 per AB 361 (2021).

On February 8, 2022, the Agency, by Resolution No. 2022-04-SA, approved the continued use of teleconferencing for meetings of the Agency from February 8, 2022 through March 10, 2022 per AB 361 (2021).

On February 8, 2022, the Authority, by Resolution No. BIFA-37 approved the continued use of teleconferencing for meetings of the Authority from February 8, 2022 through March 10, 2022 per AB 361 (2021).

On March 8, 2022, the City Council, by Resolution No. 2022-30, approved the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies, from March 8, 2022 to April 7, 2022 per AB 361 (2021)
On March 8, 2022, the Agency, by Resolution No. 2022-05-SA, approved the continued use of teleconferencing for meetings of the Agency from March 8, 2022 through April 7, 2022 per AB 361 (2021).

On March 8, 2022, the Authority, by Resolution No. BIFA-38 approved the continued use of teleconferencing for meetings of the Authority from March 8, 2022 through April 7, 2022 per AB 361 (2021).

On March 22, 2022, the City Council, by Resolution No. 2022-35, approved the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies, from March 22, 2022 to April 21, 2022 per AB 361 (2021)
On March 22, 2022, the Agency, by Resolution No. 2022-06-SA, approved the continued use of teleconferencing for meetings of the Agency from March 22, 2022 through April 21, 2022 per AB 361 (2021).

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Attachment: Attachment (2680 : AB 361 - Teleconferencing) On March 22, 2022, the Authority, by Resolution No. BIFA-39 approved the continued use of teleconferencing for meetings of the Authority from March 22, 2022 through April 21, 2022 per AB 361 (2021).

On April 12, 2022, the City Council, by Resolution No. 2022-44, approved the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies, from April 12, 2022 through May 12, 2022, per AB 361 (2021).

On April 12, 2022, the Agency, by Resolution No. 2022-07-SA, approved the continued use of teleconferencing for meetings of the Agency from April 12, 2022 through May 12, 2022, per AB 361 (2021).

On April 12, 2022, the Authority, by Resolution No. BIFA-40 approved the continued use of teleconferencing for meetings of the Authority from April 12, 2022 through May 12, 2022, per AB 361 (2021).

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Attachment: Attachment (2680 : AB 361 - Teleconferencing) RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING THE CONTINUED USE OF

TELECONFERENCING FOR MEETINGS OF THE CITY

COUNCIL AND ALL OTHER CITY SUBSIDIARY LEGISLATIVE
BODIES, FROM MAY 10, 2022 THROUGH JUNE 9, 2022, PER
AB 361 (2021)
WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel coronavirus disease, COVID19; and WHEREAS, on March 17, 2020, the City Council adopted Resolution 2020-36, confirming the Director of Emergency Services’ proclamation of the existence of a local emergency due to the spread of a severe acute respiratory illness caused by the novel coronavirus designated as COVID-19. Said Resolution remains in effect; and WHEREAS, also on March 17, 2020, the Governor of California executed Executive Order N-29-20, which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code § 54950, et seq.) and authorized local legislative bodies to hold public meetings via teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and participate in the meeting of the local legislative body; and
WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N08-21, which extended the provisions of Executive Order N-29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) (“AB 361”), which, among other actions, amended Government Code § 54953 by providing alternative teleconferencing requirements to conduct public meetings during a proclaimed state of emergency; and WHEREAS, on November 10, 2021, the Governor of California executed Executive Order N-21-21, which extended the timeframes set forth in Executive Order N-12-21 and N-17- 21 through March 31, 2022; and
WHEREAS, AB 361 imposes requirements to ensure that members of the public are able to attend and participate in public meetings conducted via teleconference, including:
 Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, such as Zoom; and
 The legislative body shall take no further action on agenda items when there is a disruption that prevents the City from broadcasting the meeting, or in the event of a disruption within the City’s control that prevents members of the public from offering public comments, until public access is restored; and
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Attachment: AB 361 Resolution [Revision 1] (2680 : AB 361 - Teleconferencing)

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 Prohibits the legislative body from requiring public comments to solely be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time; and
WHEREAS, the City has already implemented and is in full compliance with the requirements listed above when conducting public meetings via teleconference, which are now codified in Government Code § 54953(e)(2)(B-F); and
WHEREAS, on April 15, 2022, Dr. Sefanit Mekuria, Deputy Public Health Officer for Contra Costa County, issued revised recommendations for safely holding public meetings, set forth in the attached Exhibit 1, including:
 strongly recommending teleconferencing meetings, as those meetings present the lowest risk of transmission of the virus that causes COVID-19; and  recommending that, if a local legislative body determines to hold in-person meetings, that the public be offered the opportunity to attend via a call-in option or an internetbased service option, when possible, to give those at higher risk of and/or higher concern about COVID-19 an alternative to participating in person; and  the development of and adherence to a written safety protocol requiring social distancing – i.e., six feet of separation between attendees – and face masking of all attendees, among other things; and
 and further recommended social distancing and face masking of all public meeting attendees; and
WHEREAS, pursuant to Government Code § 54953(e)(1)(A), a local legislative body such as the City Council may hold a meeting using teleconferencing during a proclaimed state of emergency when, among other conditions, state or local officials have imposed or recommended measures to promote social distancing. After the first such meeting held after October 1, 2021, the City Council must thereafter make certain findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361, and must also make said findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducting public meetings; and
WHEREAS, on October 12, 2021, the City Council, by Resolution No. 2021-131, approved the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies, from October 12, 2021 through November 11, 2021, per AB 361 (2021); and
WHEREAS, on November 9, 2021, the City Council, by Resolution No. 2021-140, approved the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies, from November 9, 2021 through December 9, 2021, per AB 361 (2021); and
WHEREAS, on November 16, 2021, the City Council, by Resolution No. 2021-143, approved the continued use of teleconferencing for meetings of the City Council and all C.6.b
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Attachment: AB 361 Resolution [Revision 1] (2680 : AB 361 - Teleconferencing)

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subsidiary City legislative bodies, from November 16, 2021 through December 16, 2021, per AB 361 (2021); and
WHEREAS, on December 14, 2021, the City Council, by Resolution No. 2021-153, approved the continued use of teleconferencing for meetings of the City Council and all subsidiary City legislative bodies, from December 14, 2021 through January 13, 2022, per AB 361 (2021); and
WHEREAS, on January 11, 2022, the City Council, by Resolution No. 2022-03 approved the continued use of teleconferencing for meetings of the City Council and all subsidiary bodies from January 11, 2022 through February 10, 2022, per AB 361 (2021); and WHEREAS, on February 8, 2022, the City Council, by Resolution No. 2022-18 approved the continued use of teleconferencing for meetings of the City Council and all subsidiary bodies from February 8, 2022 through March 10, 2022, per AB 361 (2021), and WHEREAS, on March 8, 2022, the City Council by Resolution No. 2022-30 approved the continued use of teleconferencing for meetings of the City Council and all subsidiary bodies from March 8, 2022 through April 7, 2022, per AB 361 (2021), and WHEREAS, on March 22, 2022, the City Council by Resolution No. 2022-35 approved the continued use of teleconferencing for meetings of the City Council and all subsidiary bodies from March 22, 2022 through April 21, 2022, per AB 361 (2021).

WHEREAS, on April 12, 2022, the City Council by Resolution No. 2022-44 approved the continued use of teleconferencing for meetings of the City Council and all subsidiary bodies from April 12, 2022 through May 12, 2022, per AB 361 (2021).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood, California, as follows:

1. That the recitals set forth above are true and correct, and incorporated into this resolution as findings of the City Council.

2. That it acknowledges that local officials, specifically, those of the Contra Costa County Health Services, continue to recommend measures to promote social distancing, as set out in the attached Exhibit 1.

3. That the State of California and the City of Brentwood continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), the California Department of Public Health (DPH), and/or the County of Contra Costa, as applicable, including the use of facial coverings when required and social distancing.

4. That, given the fact that state and local officials continue to impose or recommend measures to promote social distancing, the City Council and subsidiary legislative bodies of the City of Brentwood will continue to use teleconferencing for meetings from the period of May 10, 2022, through June 9, 2022, per AB 361 and Government Code § 54953, as amended thereby.

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Attachment: AB 361 Resolution [Revision 1] (2680 : AB 361 - Teleconferencing)

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5. That if any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Resolution.

6. That it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.

7. That this Resolution will become effective immediately upon adoption.

PASSED, APPROVED, and ADOPTED at a regular meeting of the Brentwood City Council held on this 10th day of May, 2022, by the following vote:

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EXHIBIT 1
“Recommendations for Safely Holding Public Meetings” issued on March 1, 2022, by Dr.

Sefanit Mekuria, Deputy Public Health Officer for Contra Costa County C.6.b
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Attachment: AB 361 Resolution [Revision 1] (2680 : AB 361 - Teleconferencing) RESOLUTION NO. 2022-07-SA

A RESOLUTION OF THE GOVERNING BOARD OF THE

SUCCESSOR AGENCY OF THE CITY OF BRENTWOOD

REDEVELOPMENT AGENCY (SUCCESSOR AGENCY)

APPROVING THE CONTINUED USE OF TELECONFERENCING

FOR MEETINGS OF THE SUCCESSOR AGENCY GOVERNING
BOARD FROM MAY 10, 2022 THROUGH JUNE 9, 2022, PER
ASSEMBLY BILL 361 (2021)
WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel coronavirus disease, COVID19; and WHEREAS, on March 17, 2020, the City Council adopted Resolution 2020-36, confirming the Director of Emergency Services’ proclamation of the existence of a local emergency due to the spread of a severe acute respiratory illness caused by the novel coronavirus designated as COVID-19. Said Resolution remains in effect; and WHEREAS, also on March 17, 2020, the Governor of California executed Executive Order N-29-20, which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code § 54950, et seq.) and authorized local legislative bodies to hold public meetings via teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and participate in the meeting of the local legislative body; and
WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N08-21, which extended the provisions of Executive Order N-29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) (“AB 361”), which, among other actions, amended Government Code § 54953 by providing alternative teleconferencing requirements to conduct public meetings during a proclaimed state of emergency; and WHEREAS, on November 10, 2021, the Governor of California executed Executive Order N-21-21, which extended the timeframes set forth in Executive Order N-12-21 and N-17- 21 through March 31, 2022; and
WHEREAS, AB 361 imposes requirements to ensure that members of the public are able to attend and participate in public meetings conducted via teleconference, including:
 Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, such as Zoom; and
 The legislative body shall take no further action on agenda items when there is a disruption that prevents the Successor Agency from broadcasting the meeting, or in the event of a disruption within the Successor Agency’s control that prevents members of the public from offering public comments, until public access is restored; and C.6.c
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 Prohibits the legislative body from requiring public comments to solely be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time; and
WHEREAS, the Successor Agency has already implemented and is in full compliance with the requirements listed above when conducting public meetings via teleconference, which are now codified in Government Code § 54953(e)(2)(B-F); and WHEREAS, on April 15, 2022, Dr. Sefanit Mekuria, Deputy Public Health Officer for Contra Costa County, issued revised recommendations for safely holding public meetings, set forth in the attached Exhibit 1, including:
 strongly recommending teleconferencing meetings, as those meetings present the lowest risk of transmission of the virus that causes COVID-19; and  recommending that, if a local legislative body determines to hold in-person meetings, that the public be offered the opportunity to attend via a call-in option or an internetbased service option, when possible, to give those at higher risk of and/or higher concern about COVID-19 an alternative to participating in person; and  the development of and adherence to a written safety protocol requiring social distancing – i.e., six feet of separation between attendees – and face masking of all attendees, among other things; and
 and further recommended social distancing and face masking of all public meeting attendees; and
WHEREAS, pursuant to Government Code § 54953(e)(1)(A), a local legislative body such as the Governing Board may hold a meeting using teleconferencing during a proclaimed state of emergency when, among other conditions, state or local officials have imposed or recommended measures to promote social distancing. After the first such meeting held after October 1, 2021, the Governing Board must thereafter make certain findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361, and must also make said findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducting public meetings; and
WHEREAS, on October 12, 2021, the Governing Board of the Successor Agency, by Resolution No. 2021-04-SA, approved the continued use of teleconferencing for meetings of the Agency from October 12, 2021 through November 11, 2021, per AB 361 (2021); and WHEREAS, on November 9, 2021, the Governing Board of the Successor Agency, by Resolution No. 2021-05-SA, approved the continued use of teleconferencing for meetings of the Successor Agency from November 9, 2021 through December 9, 2021, per AB 361 (2021); and WHEREAS, on November 16, 2021, the Governing Board of the Successor Agency, by Resolution No. 2021-06-SA, approved the continued use of teleconferencing for meetings of the Successor Agency from November 16, 2021 through December 16, 2021, per AB 361 (2021); and
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WHEREAS, on December 14, 2021, the Governing Board of the Successor Agency, by Resolution No. 2021-07-SA, approved the continued use of teleconferencing for meetings of the Successor Agency from December 14, 2021 through January 13, 2022, per AB 361 (2021); and WHEREAS, on January 11, 2022, the Governing Board of the Successor Agency, by Resolution No. 2022-01-SA, approved the continued use of teleconferencing for meetings of the Agency from January 11, 2022 through February 10, 2022 per AB 361 (2021), and WHEREAS, on February 8, 2022, the Governing Board of the Successor Agency, by Resolution No. 2022-04-SA, approved the continued use of teleconferencing for meetings of the Agency from February 8, 2022 through March 8, 2022 per AB 361 (2021), and WHEREAS, on March 8, 2022, the Governing Board of the Successor Agency, by Resolution No. 2022-05-SA, approved the continued use of teleconferencing for meetings of the Agency from March 8, 2022 through April 7, 2022 per AB 361 (2021), and WHEREAS, on March 22, 2022, the Governing Board of the Successor Agency, by Resolution No. 2022-06-SA, approved the continued use of teleconferencing for meetings of the Agency from March 22, 2022 through April 21, 2022 per AB 361 (2021); and WHEREAS, on April 12, 202, the Governing Board of the Successor Agency, by Resolution No. 2022-07-SA, approved the continued use of teleconferencing for meetings of the Agency from April 12, 2022 through May 12, 2022 per AB 361 (2021).

NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the Successor Agency of the City of Brentwood, California Redevelopment Agency, as follows:

1. That the recitals set forth above are true and correct, and incorporated into this resolution as findings of the Governing Board.

3. That the State of California and the Successor Agency continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), the California Department of Public Health (DPH), and/or the County of Contra Costa, as applicable, including the use of facial coverings when required and social distancing.

4. That, given the fact that state and local officials continue to impose or recommend measures to promote social distancing, the Governing Board will continue to use teleconferencing for meetings from the period of May 10, 2022, through June 9, 2022, per AB 361 and Government Code § 54953, as amended thereby.

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7. That this Resolution will become effective immediately upon adoption.

PASSED, APPROVED, and ADOPTED at a regular meeting of the Successor Agency Governing Board held on this 10th day of May, 2022, by the following vote:

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EXHIBIT 1
“Recommendations for Safely Holding Public Meetings” issued on March 1, 2022, by Dr.

Sefanit Mekuria, Deputy Public Health Officer for Contra Costa County C.6.c
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Attachment: AB 361 Resolution Successor Agency (2680 : AB 361 - Teleconferencing) RESOLUTION NO. BIFA

A RESOLUTION OF THE GOVERNING BOARD OF THE

BRENTWOOD INFRASTRUCTURE FINANCING AUTHORITY
(“AUTHORITY” OR “BIFA”) APPROVING THE CONTINUED

USE OF TELECONFERENCING FOR MEETINGS OF THE
AUTHORITY GOVERNING BOARD FROM MAY 10, 2022
THROUGH JUNE 9, 2022, PER ASSEMBLY BILL 361 (2021)
WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel coronavirus disease, COVID19; and WHEREAS, on March 17, 2020, the City Council adopted Resolution 2020-36, confirming the Director of Emergency Services’ proclamation of the existence of a local emergency due to the spread of a severe acute respiratory illness caused by the novel coronavirus designated as COVID-19. Said Resolution remains in effect; and WHEREAS, also on March 17, 2020, the Governor of California executed Executive Order N-29-20, which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code § 54950, et seq.) and authorized local legislative bodies to hold public meetings via teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and participate in the meeting of the local legislative body; and
WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N08-21, which extended the provisions of Executive Order N-29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) (“AB 361”), which, among other actions, amended Government Code § 54953 by providing alternative teleconferencing requirements to conduct public meetings during a proclaimed state of emergency; and WHEREAS, on November 10, 2021, the Governor of California executed Executive Order N-21-21, which extended the timeframes set forth in Executive Order N-12-21 and N-17- 21 through March 31, 2022; and
WHEREAS, AB 361 imposes requirements to ensure that members of the public are able to attend and participate in public meetings conducted via teleconference, including:
 Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, such as Zoom; and
 The legislative body shall take no further action on agenda items when there is a disruption that prevents the Authority from broadcasting the meeting, or in the event of a disruption within the Authority’s control that prevents members of the public from offering public comments, until public access is restored; and
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 Prohibits the legislative body from requiring public comments to solely be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time; and
WHEREAS, the Authority has already implemented and is in full compliance with the requirements listed above when conducting public meetings via teleconference, which are now codified in Government Code § 54953(e)(2)(B-F); and
WHEREAS, on Aril 15, 2022, Dr. Sefanit Mekuria, Deputy Public Health Officer for Contra Costa County, issued revised recommendations for safely holding public meetings, set forth in the attached Exhibit 1, including:
 strongly recommending teleconferencing meetings, as those meetings present the lowest risk of transmission of the virus that causes COVID-19; and  recommending that, if a local legislative body determines to hold in-person meetings, that the public be offered the opportunity to attend via a call-in option or an internetbased service option, when possible, to give those at higher risk of and/or higher concern about COVID-19 an alternative to participating in person; and  the development of and adherence to a written safety protocol requiring social distancing – i.e., six feet of separation between attendees – and face masking of all attendees, among other things; and
 and further recommended social distancing and face masking of all public meeting attendees; and
WHEREAS, pursuant to Government Code § 54953(e)(1)(A), a local legislative body such as the Governing Board may hold a meeting using teleconferencing during a proclaimed state of emergency when, among other conditions, state or local officials have imposed or recommended measures to promote social distancing. After the first such meeting held after October 1, 2021, the Governing Board must thereafter make certain findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361, and must also make said findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducting public meetings; and
WHEREAS, on October 12, 2021, the Governing Board of the Authority, by Resolution No. BIFA-32, approved the continued use of teleconferencing for meetings of the Authority from October 12, 2021 through November 11, 2021, per AB 361 (2021); and WHEREAS, on November 9, 2021, the Governing Board of the Authority, by Resolution No. BIFA-33, approved the continued use of teleconferencing for meetings of the Authority from November 9, 2021 through December 9, 2021, per AB 361 (2021); and WHEREAS, on November 16, 2021, the Governing Board of the Authority, by Resolution No. BIFA-34, approved the continued use of teleconferencing for meetings of the Authority from November 16, 2021 through December 16, 2021, per AB 361 (2021); and C.6.d
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No. BIFA-35, approved the continued use of teleconferencing for meetings of the Authority from December 14, 2021 through January 13, 2022, per AB 361 (2021); and WHEREAS, on January 11, 2022, the Governing Board of the Authority, by Resolution No. BIFA-36, approved the continued use of teleconferencing for meetings of the Authority from January 11, 2022, through February 10, 2022; and
WHEREAS, on February 8, 2022, the Governing Board of the Authority, by Resolution No. BIFA-37, approved the continued use of teleconferencing for meetings of the Authority from February 8, 2022, through March 10, 2022; and
WHEREAS, on March 8, 2022, the Governing Board of the Authority, by Resolution No.

BIFA-38, approved the continued use of teleconferencing for meetings of the Authority from March 8, 2022, through April 7, 2022; and
WHEREAS, on March 22, 2022, the Governing Board of the Authority, by Resolution No.

BIFA-39, approved the continued use of teleconferencing for meetings of the Authority from March 22, 2022, through April 21, 2022; and
WHEREAS, on April 12, 2022, the Governing Board of the Authority, by Resolution No.

BIFA-40, approved the continued use of teleconferencing for meetings of the Authority from April 12, 2022, through May 12, 2022.

NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the Brentwood Infrastructure Financing Authority, as follows:

1. That the recitals set forth above are true and correct, and incorporated into this resolution as findings of the Governing Board.

3. That the State of California and the Authority continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), the California Department of Public Health (DPH), and/or the County of Contra Costa, as applicable, including the use of facial coverings when required and social distancing.

6. That it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any C.6.d
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portions thereof be declared unconstitutional.

7. That this Resolution will become effective immediately upon adoption.

PASSED, APPROVED, and ADOPTED at a regular meeting of the Authority Governing Board held on this 12th of April 2022, by the following vote:

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“Recommendations for Safely Holding Public Meetings” issued on March 1, 2022, by Dr.

Sefanit Mekuria, Deputy Public Health Officer for Contra Costa County C.6.d
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Attachment: AB 361 Resolution BIFA (2680 : AB 361 - Teleconferencing) Recommendations for safely holding public meetings
Each local government agency is authorized to determine whether to hold public meetings in person, on-line (teleconferencing only), or via a combination of methods. The following are recommendations from the Contra Costa County Health Officer to minimize the risk of COVID 19 transmission during a public meeting.

1. Online meetings (i.e. teleconferencing meetings) are encouraged, where practical, as these meetings present the lowest risk of transmission of SARS CoV-2, the virus that causes COVID 19. This is particularly important when community prevalence rates are high. Our current trends as of April 15, 2022 in Covid-19 case rate and Covid-19 hospitalizations have plateaued at this time, but wastewater surveillance data and COVID-19 test positivity has been increasing. In addition to this, the predominant variant of Covid-19 being identified continues to be the Omicron variant, the impact of which on the spread of Covid-19 has shown to dramatically increase COVID-19 transmission.

2. If a local agency determines to hold in-person meetings, offering the public the opportunity to attend via a call-in option or an internet-based service option is recommended, when possible, to give those at higher risk of and/or higher concern about COVID-19 an alternative to participating in person.

3. A written safety protocol should be developed and followed. It is recommended that the protocol require social distancing, where feasible – i.e. six feet of separation between attendees; and consider requiring or strongly encouraging face masking of all attendees and encouraging attendees to be up-to-date on their COVID-19 vaccine.

4. Seating arrangements should allow for staff and members of the public to easily maintain at least six-foot distance from one another at all practicable times.

5. Consider holding public meetings outdoors. Increasing scientific consensus is that outdoor airflow reduces the risk of COVID-19 transmission compared to indoor spaces. Hosting events outdoors also may make it easier to space staff and members of the public at least 6 feet apart.

6. Current evidence is unclear as to the added benefit of temperature checks in addition to symptom checks. We encourage focus on symptom checks as they may screen out individuals with other Covid-19 symptoms besides fever and help reinforce the message to not go out in public if you are not feeling well.

7. Consider a voluntary attendance sheet with names and contact information to assist in contact tracing of any cases linked to a public meeting.

Revised 4-15-2022
Sefanit Mekuria, MD, MPH
Deputy Health Officer, Contra Costa County
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Attachment: AB 361 Resolution Attachment (Exhibit 1) 04.15.2022 (2680 : AB 361 - Teleconferencing) CITY COUNCIL AGENDA ITEM NO. 7
Meeting Date: May 10, 2022
Subject/Title: An informational Summary and Overview of Recent Statewide Housing Legislation and Potential Applicability to the City of Brentwood Prepared by: Sylvia Elias, Housing Analyst
Submitted by: Alexis Morris, Director of Community Development

PURPOSE AND RECOMMENDATION
Receive an informational summary and overview of recent Statewide housing legislation and its potential applicability to the City of Brentwood.

CITY COUNCIL STRATEGIC INITIATIVE
N/A

PREVIOUS ACTION
N/A

BACKGROUND
The attached report summarizes Statewide housing legislation that passed during 2021 and its potential applicability to the City of Brentwood as of January 2022. The report begins with an overview of the process that was used to research recent housing legislation and provides a summary of findings regarding California Senate and Assembly bills that may be applicable to Brentwood.

FISCAL IMPACT
This report is informational only and does not authorize expenditures.

Attachments:

New Housing Laws Summary
Summary Matrix of Housing Legislation and Applicability to Brentwood C.7
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Overview of Recent State Legislation and Potential Applicability to the City of Brentwood (Legislation Passed During 2021 and Effective January 1, 2022) Summary of Statewide Housing Legislation
This report summarizes Statewide housing legislation that passed during 2021 and its potential applicability to the City of Brentwood as of January 2022. The report begins with an overview of the process that was used to research recent housing legislation and provides a summary of findings regarding California Senate and Assembly bills that may be applicable to Brentwood. It then describes additional information that was compiled during this research effort, and the key findings that are presented in the accompanying tables. This report was prepared by Seifel Consulting, Inc. with input from City staff and outside legal counsel, Goldfarb & Lipman.

Overview of 2021 Housing Legislation Research and Evaluation Process During 2021, a broad variety of housing legislation passed that could potentially affect local jurisdictions like the City of Brentwood, as well as many of the public and private entities who are involved in California’s housing industry. The first step in the research process was to review information published by the Governor’s Office, non-profit organizations and experienced law firms regarding housing legislation that passed during 2021.

This review identified more than thirty housing bills that were passed by the State Legislature and signed into law by Governor Newsom during 2021. Research on each bill involved reviewing and analyzing relevant information from the California Legislative Information website and summaries of key legislation prepared by law firms that specialize in California housing and land use law, as well as the League of California Cities.

As key housing legislation adopted in 2021 reflects the Governor’s four housing priorities, these priorities are used as a framework to help analyze and categorize each bill as summarized below:
 Streamlining– Streamlining the building of new homes– Legislation to reduce the time that it takes to secure land use approvals and streamline environmental review for infill housing, subject to certain labor provisions depending on the size of development.
 Production– Breaking down barriers to build housing, especially Affordable Housing– Legislation to help make housing more affordable by catalyzing the production of Accessory Dwelling Units (ADUs), smaller homes (duplexes), small developments (up to 10 units), student housing and helping to plan and fund more deeply affordable housing developments.  Fair Housing– Addressing systemic bias by elevating fair housing principles– Legislation to help ensure that local governments affirmatively further fair housing (AFFH) and that various components of the housing transaction process, such as appraisals and title reporting, avoid discrimination to protected classes.
 Accountability– Holding local governments accountable to do their job, including maintaining and reporting Planning & Housing Data –
Legislation to require local jurisdictions to facilitate housing production (for example, through the Housing Element process), preserve housing and address other statewide housing goals/needs while providing State agencies with additional oversight, authority and enforcement to hold local governments accountable.

Each Senate Bill (SB) and Assembly Bill (AB) was evaluated to see how it could affect Brentwood according to three criteria:

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Packet Pg. 101 Attachment: New Housing Laws Summary (2674 : Informational Summary and Overview on New Housing Legislation) Overview of Recent State Legislation and Potential Applicability to the City of Brentwood (Legislation Passed During 2021 and Effective January 1, 2022)  Likely– A Senate or Assembly Bill that would likely affect how Brentwood undertakes planning activities (including the Housing Element), implements its housing programs and/or may be subject to greater oversight and monitoring.
 Indirect– A Senate or Assembly Bill that would indirectly affect Brentwood as it would help prioritize or redirect housing funding or could affect key players in the housing industry.  Unlikely– A Senate or Assembly Bill that would not likely affect Brentwood.

Exhibit 1 summarizes the Senate bills that were researched and evaluated according to their likely effect on the City, and Exhibit 2 presents the same information for Assembly bills. Many of these bills contain numerous, complex provisions and contain statutory references that will affect their implementation, so this report provides a high summary of these bills.

Each Senate and Assembly Bill is categorized in these exhibits according to how it addresses the Governor’s housing priorities as follows:
 Streamlining– Bills focused on expediting approvals and environmental review.  Production– Bills focused on producing housing (including affordable housing).  Affordable Housing– Bills focused on producing, preserving or protecting affordable housing.
 Fair Housing– Bills focused on affirmatively promoting fair housing.  Accountability– Bills focused on assuring that local governments are accountable.  Planning & Housing Data– Bills focused on planning and land use requirements, including the preparation of the Housing Element, and the preparation and monitoring of housing data, such as the Annual Housing Element Progress Reports.

Evaluation and Summary of Senate Bills
Based on the research and evaluation presented in this report, seven Senate Bills are most likely to affect housing and land use planning in Brentwood, as briefly summarized below and presented in Exhibit 1:
 SB 8– Amends and extends key provisions of the Housing Crisis Act of 2019 (SB 330) until January 1, 2030. Continues key legislative measures that expedite the construction of affordable and market-rate housing while protecting tenant rights.  SB 9– Allows a homeowner to construct a second unit on property zoned for single-family homes or convert existing single-family home to a duplex, provided certain criteria are met.  SB 290– Makes several changes to Density Bonus Law– redefining “total units”, expanding eligibility for ownership housing where at least 10 percent of units are sold to moderate income households and allowing student housing developments to qualify, provided certain criteria are met.
 SB 478– Prohibits a local agency from imposing a floor area ratio (FAR) standard that is less than 1.0 FAR on a 3 to 7 unit housing development or less than 1.25 FAR on an 8 to 10 unit housing development.
 SB 591– Allows intergenerational housing development that includes seniors if certain criteria are met.

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Packet Pg. 102 Attachment: New Housing Laws Summary (2674 : Informational Summary and Overview on New Housing Legislation) Overview of Recent State Legislation and Potential Applicability to the City of Brentwood (Legislation Passed During 2021 and Effective January 1, 2022)  SB 728– Broadens Density Bonus Law to ensure a "qualified nonprofit housing corporation" can purchase for-sale units in an approved housing development to preserve continued affordability for lower income homeowners.
 SB 791– Establishes a California Surplus Land Unit to help local agencies and developers facilitate the development of housing on local surplus land, including the provision of regulations, rules, advice, and support.

Evaluation and Summary of Assembly Bills
The State Assembly passed more than twice as many housing bills as the Senate in 2021. Based on this evaluation, 18 Assembly Senate Bills would likely affect housing and land use planning in Brentwood, which are briefly summarized below and presented in Exhibit 2:
 AB 68– Revises and modernizes the quadrennial Statewide Housing Plan and expands HCD's annual reporting requirements to include publication of an annual report on its website that includes specified information on grants awarded by HCD and land use oversight actions related to housing taken by HCD against local agencies.  AB 215– Increases oversight and accountability for cities that are underperforming on housing production and makes important changes to Housing Element deadlines.  AB 345– Facilitates Accessory Dwelling Units (ADUs) by removing the requirement that local agencies first pass an ordinance allowing conveyance of an ADU separately from a primary residence before such conveyance occurs, and by permitting an ADU to be sold or conveyed separately from the primary residence to a qualified buyer (low to moderate income households) in limited circumstances.
 AB 491– Requires that a mixed-income residential building provide the same access to common entrances, areas and amenities for affordable units as market rate units, and affordable housing units should not be isolated within that building.  AB 571– Prohibits a local agency from charging affordable housing impact fees, including inclusionary zoning fees, public benefit fees and in-lieu fees on deed-restricted affordable units that are part of a project eligible for a density bonus under Density Bonus Law.  AB 602– Imposes additional standards and procedures for agencies adopting and increasing impact fees, which include imposing fees based on housing development square footage or making findings to use a different methodology that ensures smaller housing projects are not charged disproportionate fees.
 AB 634– Allows a local government to require an affordability period longer than 55 years for units that qualify a developer for a density bonus.  AB 721– Generally, makes recorded covenants that limit residential development unenforceable against qualifying affordable housing developments and ensures that restrictive covenants do not curtail the type and density of development  AB 787– Expands existing law that permits jurisdictions to claim credit for up to 25 percent of their RHNA from the conversion of existing housing units to include moderate income households, provided certain criteria are met.

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Packet Pg. 103 Attachment: New Housing Laws Summary (2674 : Informational Summary and Overview on New Housing Legislation) Overview of Recent State Legislation and Potential Applicability to the City of Brentwood (Legislation Passed During 2021 and Effective January 1, 2022)  AB 803– Removes the ability for local agencies to require setback requirements between units beyond that required by the State Building Code, establish a minimum home size, or require enclosed or covered parking beyond that allowed by state density bonus law.  AB 838– Seeks to ensure that tenants can receive timely inspections of their rental unit and explicitly prohibits a local government from placing unreasonable conditions on the inspection of rental housing.
 AB 1029– Requires HCD to consider making preservation of affordable housing into a prohousing policy for purposes of HCD's regulations and to establish a pro-housing designation for local jurisdictions.
 AB 1043– Adds a new housing affordability definition called "acutely low Income" households who earn 15 percent of Areawide Median Income (AMI) and whose rents can be no greater than 30 percent of the 15 percent AMI level.  AB 1174– Specifies that the "shot clock" for a development or modifications is paused when a project is sued and clarifies that subsequent permit applications must only meet objective standards in place when the project was initially approved.  AB 1304– Ensures that local governments must affirmatively further fair housing (AFFH) in their jurisdictions by clarifying enforcement language and strengthening the housing element site inventory evaluation to show how the site inventory affirmatively furthers fair housing.  AB 1398– Imposes new zoning and site analysis requirements to encourage housing production and to affirmatively further fair housing, as well as reduces the allowable time period to one year (from 3.33 years) to complete rezoning of sites to accommodate a jurisdiction’s regional housing need when certain conditions occur related to a jurisdiction's Housing Element compliance.
 AB 1466– Requires a title insurance company involved in any transfer of real property and that provides a deed or other documents to identify whether any of the documents contain unlawfully restrictive covenants and to record a specified modification document with the county recorder if one is found.
 AB 1584– Restricts contractual development controls that mirror AB 721 by declaring any covenant, condition and restriction (CC&R) that prohibits, effectively prohibits or restricts the construction or use of an ADU on a lot zoned for single-family use is unenforceable.

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Packet Pg. 104 Attachment: New Housing Laws Summary (2674 : Informational Summary and Overview on New Housing Legislation) Overview of Recent State Legislation and Potential Applicability to the City of Brentwood (Legislation Passed During 2021 and Effective January 1, 2022) Goldfarb & Lipman is an experienced law firm that specializes in housing and land use law and serves as outside counsel to the City of Brentwood regarding the City’s housing programs and policies, which has included a review of SB 9. Appendix 1 includes the Goldfarb & Lipman Summary of 2021 Legislative Session Housing Bills that presents further information regarding key aspects of recently adopted housing legislation, which was a key reference for this report.

Evaluation and Summary of State Funding for Housing Programs Also evaluated, current State funding for housing programs authorized by the Budget Act of 2021 and related Budget trailer bills (SB 129 and AB 140), which provide substantial funding to housing and homelessness-related programs across California including:
 $2 billion in aid to counties, large cities, and Continuums of Care through the Homeless Housing, Assistance and Prevention grant program.
 $380 million for the CalWORKs Housing Support Program over two years to house families in the program and help them avoid eviction.
 $300 million for the Home Safe Program over two years to help combat senior homelessness.  $250 million for Homekey within the Multifamily Housing Program (bringing total investment to $1.45 billion).
 $250 million for the Infill Infrastructure Grant Program.  $100 million to the California Housing Finance Agency to expand homebuyer assistance.  $50 million to expand the Golden State Acquisition Fund (GSAF) to provide five-year loans to developers for acquisition or preservation of affordable housing.

These State funding resources could help Brentwood to preserve and develop affordable housing for a broad range of households, including seniors, persons experiencing homelessness, special needs households, and first-time homebuyers.

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Packet Pg. 105 Attachment: New Housing Laws Summary (2674 : Informational Summary and Overview on New Housing Legislation) Exhibit 1
Summary Matrix of Housing Legislation and Applicability to Brentwood – Senate Bills Effective 1/1/22
Bill Information and Applicability to Brentwood
Bill # Sponsor
StreamliningProductionAffordable Housing
Fair Housing
Planning & Hsg Data
Accountability
Applies
to City?
Bill Title or Summary
Description Overview of Key Bill Provisions
Senate Bills
SB 8 Skinner X X X X X Likely Housing Crisis Act of 2019- Extension/Update
Amends and extends key provisions of the Housing Crisis Act of 2019 (SB 330) until January 1, 2030. Helps expedite affordable and market-rate construction by providing early vested rights, limiting ad hoc fee increases on housing, barring local governments from reducing the number of homes that can be built, and cutting the time it takes to obtain discretionary project approvals. Modifies definition of "housing development project" to include those that involve no discretionary approvals or build a single dwelling unit. Modifies requirements regarding replacement housing, relocation and tenant right to return. Provides that receipt of a density bonus does not constitute a valid basis on which to find a proposed housing development inconsistent, noncompliant, or nonconforming with an applicable plan, program, policy, ordinance, standard, requirement or similar provision Extends the Act’s sunset by five years to January 1, 2034.

SB 9 Atkins X X X Likely Duplex and Lot Splits Allows a homeowner to split their lot and construct a second unit on every property zoned for single-family homes in California or convert their existing single-family home to a duplex, provided certain criteria are met.

SB 290 Skinner X X X Likely Density Bonus Law
Amendents; Student
Housing
Makes several changes to Density Bonus Law. Redefines "total units" to include inclusionary housing units and exclude units added by state or local density bonus in calculating the density bonus and incentives/concessions.

Removes "specific adverse impact on the physical environment" as a basis for denying a concession, incentive, waiver, or deduction of development standard. Expands the types of for-sale moderate-income housing units that can benefit from a density bonus. Allows student housing developments that reserve at least 20 percent of their units for lower-income students to access one incentive or concession under Density Bonus Law and requires jurisdictions to report the number of units for lower-income students in such developments in their annual progress report.

SB 478 Weiner X X Likely Minimum Floor Area Ratio
(FAR)/Lot Coverage
Standards
Prohibits a local agency from imposing a floor area ratio standard that is less than 1.0 on a housing development project that consists of 3 to 7 units, or less than 1.25 on a housing development project that consists of 8 to 10 units.

SB 591 Becker X X LIkely Senior citizens:
intergenerational housing
developments
Allows intergenerational housing development that includes seniors if both requirements are met: a) Affordable to lower income households as specified; b) 80% of the dwelling units are occupied by at least one senior citizen and up to 20% of the dwelling units may be occupied by at least one caregiver or transition age youth.

SB 728 Hertzberg X X Likely Density Bonus Law:
purchase of density bonus
units by nonprofit
organizations
Broadens Density Bonus Law to ensure a "qualified nonprofit housing corporation" can purchase for-sale units in an approved housing development project to preserve continued affordability for lower income homeowners.

SB 791 Cortese X X X Likely Establishment of California Surplus Land Unit
Establishes HCD California Surplus Land Unit to provide technical assistance to local agencies and developers to facilitate the development and construction of housing on local surplus land, including the provision of regulations, rules, advice, and support.
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Packet Pg. 106 Attachment: Summary Matrix of Housing Legislation and Applicability to Brentwood (2674 : Informational Exhibit 1
Summary Matrix of Housing Legislation and Applicability to Brentwood – Senate Bills Effective 1/1/22 Bill Information and Applicability to Brentwood
Bill # Sponsor
StreamliningProductionAffordable Housing
Fair Housing
Planning & Hsg Data
Accountability
Applies
to City?
Bill Title or Summary
Description Overview of Key Bill Provisions
Senate Bills
SB 7 Atkins X X Unlikely Jobs and Economic
Improvement Through
Environmental Leadership
Act
Extends and expands expedited administrative and judicial review process under CEQA to include smaller projects as well as large, multi-benefit housing, clean energy, and manufacturing projects, provided they met certain requirements, including provisions related to labor.

SB 10 Weiner X X Unlikely Housing development: 10
Unit Upzonings
Creates a voluntary process for local governments to streamline the upzoning of parcels by passing an ordinance prior to January 1, 2029 to zone any parcel for up to 10 units in a "transit-rich area" or "urban infill site" without triggering environmental review under CEQA.
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Packet Pg. 107 Attachment: Summary Matrix of Housing Legislation and Applicability to Brentwood (2674 : Informational Exhibit 2
Summary Matrix of Housing Legislation and Applicability to Brentwood – Assembly Bills Effective 1/1/22 Bill Information and Applicability to Brentwood
Bill # Sponsor
StreamliningProductionAffordable Housing
Fair Housing
Planning & Hsg Data
Accountability
Applies
to City?
Bill Title or Summary
Description Overview of Key Bill Provisions
AB 68 Quirk-Silva X X X Likely Statewide Housing Plans, Annual Reports by HCD
Revises and modernizes the quadrennial Statewide Housing Plan and expands HCD's annual reporting requirements. Authorizes HCD to use data collected by the Homeless Coordinating and Financing Council in compiling the Statewide Housing Plan. Requires HCD to develop and publish an annual report on its website by December 31 each year, which will include specified information on grants awarded by HCD and regarding land use oversight actions taken by HCD against local agencies for housing violations related to the Housing Accountability Act, Housing Crisis Act, affirmatively furthering fair housing (AFFH), SB 35 streamlining, Permanent Supportive Housing streamlining, and Low Barrier Navigation Center streamlining.

AB 215 Chiu X X X Likely Planning and Zoning Law:

Housing Element. Violations
and enforcement
Increases oversight and accountability for cities that are underperforming on housing production, including adding SB 8 to the list of housing laws that the Attorney General (AG) can enforce. Specifies that existing statutes of limitation of three years apply to any action or proceeding brought by the AG or HCD. Requires local agencies to make draft revisions of the housing element available for public comment for 30 days and must consider and incorporate public comments prior to submission to HCD for review. If public comments are received, cities must take at least 10 business days after the 30-day public comment period to consider and incorporate the comments.

Expands AG's authority to independently seek action and grants HCD the ability to hire or appoint other counsel if AG does not pursue action against a local agency that has allegedly violated certain housing laws, inclusive of the HCA, AFFH policies (AB 686), SB 35 Streamlining, Permanent Supportive Housing streamlining (AB 2162) and Low Barrier Navigation Center streamlining (AB 101).

AB 345 Quirk-Silva X X X Likely ADUs: separate conveyance Facilitates ADUs by removing requirement for a local agency to first pass an ordinance allowing the conveyance of an ADU separately from a primary residence before such conveyance occurs and permits an ADU to be sold or conveyed separately from the primary residence to a qualified buyer (low and moderate income households as defined in Health and Safety Code Section 50093) in limited circumstances. Helps qualified non-profits sell ADUs to low and moderate income households in two ways: 1) requires local governments to allow such sales and 2) increases the clarity and efficacy of legal agreements between the homeowners.

AB 491 Ward X X X Likely Same housing access:
affordable and market rate
units
Requires that a mixed-income residential building provide the same access to common entrances, areas and amenities for affordable units as market rate units, and affordable housing units should not be isolated within that building to a specific floor or an area on a specific floor in any residential building with five or more residential dwelling units.

AB 571 Mayes X X Likely Planning and zoning, liimits
fees on affordable housing
per Density Bonus Law
Prohibits a local government from charging affordable housing impact fees, including inclusionary zoning fees, public benefit fees, and in-lieu fees on deed-restricted affordable units that are part of a project eligible for a density bonus under Density Bonus Law.

AB 602 Grayson X X Likely Development Impact Fee
nexus study standards and
procedures
Imposes additional standards and procedures for agencies adopting impact fees. Requires agencies to identify an existing and proposed level of service for public facilities and information supporting the agency's actions in increasing fees and requires agencies to impose fees on a housing development proportionately to the square footage of the development or make findings to use a different methodology that ensures smaller developments are not charged disproportionate fees.

AB 634 Carrillo X X Likely Density Bonus Law:
affordability restriction
Allows a local government to require an affordability period longer than 55 years for units that qualify a developer for a density bonus.
8 C.7.b
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Summary Matrix of Housing Legislation and Applicability to Brentwood – Assembly Bills Effective 1/1/22 Bill Information and Applicability to Brentwood
Bill # Sponsor
StreamliningProductionAffordable Housing
Fair Housing
Planning & Hsg Data
Accountability
Applies
to City?
Bill Title or Summary
Description Overview of Key Bill Provisions
AB 721 Bloom X X X Likely Covenants and restrictions:
limitations for affordable
housing
Generally makes recorded covenants that limit residential development unenforceable against qualifying affordable housing developments and ensures that restrictive covenants do not curtail the type and density of development otherwise permitted by local zoning on a property.

AB 787 Gabriel X X LIkely Planning and Housing
Element: moderate-income
conversions counted toward
RHNA
Expands existing law that permits jurisdictions to claim credit for up to 25 percent of their RHNA from the conversion of existing housing units to include moderate income households, provided certain criteria are met.

AB 803 Horvath X X Likely Home Revitalization Act,
Housing Density
Removes the ability for local agencies to require setback requirements between units beyond that required by the State Building Code, establish a minimum home size, or require enclosed or covered parking beyond that allowed by Density Bonus Law.

AB 838 Friedman X Likely State Housing Law:
enforcement response to
complaints
Seeks to ensure that tenants can receive timely inspections of their rental unit and explicitly prohibits a local government from placing unreasonable conditions on the inspection of rental housing. Also seeks to ensure other parties are given notice of violations and provides that, if a tenant submits a complaint to a city or county, the local government is required to cite any violations and provide free copies of inspection reports to the individual who submitted a complaint and others who may be impacted. Requires a local government to act as quickly as they would when conducting a final building inspection. Prohibits a local government from refusing to communicate with a tenant in order to avoid complying with the inspection requirements.

AB 1029 Mullin X X X Likely Housing Element: prohousing local policies, preservation
Requires HCD to consider making preservation of affordable housing into a pro-housing policy for purposes of their regulations, which may lead to the revisions in their approach to the pro-housing designation, as the current scoring system does not give credit for the preservation of affordable housing or other measures that keep housing affordable. Requires HCD to establish a pro-housing designation for local jurisdictions and defines “prohousing local policies” to mean policies that facilitate the planning, approval, or construction of housing, Requires that jurisdictions designated pro-housing and have an adopted housing element in substantial compliance according to HCD must be awarded additional points or preference in the scoring of program applications.

AB 1043 Bryan X Likely Housing programs: rental
housing developments,
affordablility levels
Adds a new subset of lower income households called "acutely low Income" households, who earn 15 percent of AMI and whose rents can be no greater than 30 percent of the 15 percent AMI level.

AB 1174 Grayson X X X Likely Reforms to SB 35's
Streamlined Ministerial
Process for Post-Approval
Changes and Permits
Specifies that the "shot clock" for a development or modifications is paused when a project is sued, and clarifies that subsequent permit applications must only meet the objective standards that were in place when the project was initially approved.

AB 1304 Santiago X X Likely Affirmatively further fair
housing (AFFH), Housing
Element, Inventory of
land
Ensures that local governments must affirmatively further fair housing (AFFH) in their jurisdictions. Clarifies enforcement language and makes clear that local governments must analyze racial segregation patterns within their own jurisdiction as well as within the broader region, in addition to historical factors and current policies that contribute to fair housing issues. Strengthens the existing requirement that the housing element sites inventory affirmatively further fair housing by requiring the local government to state how the inventory in fact does this. 9 C.7.b
Packet Pg. 109 Attachment: Summary Matrix of Housing Legislation and Applicability to Brentwood (2674 : Informational Exhibit 2
Summary Matrix of Housing Legislation and Applicability to Brentwood – Assembly Bills Effective 1/1/22 Bill Information and Applicability to Brentwood
Bill # Sponsor
StreamliningProductionAffordable Housing
Fair Housing
Planning & Hsg Data
Accountability
Applies
to City?
Bill Title or Summary
Description Overview of Key Bill Provisions
AB 1398 Bloom X X X Likely Accelerating By-Right
Rezoning Requirements for
Non-Compliant Housing
Elements
Imposes new zoning and site analysis requirements to encourage housing production and to affirmatively further fair housing. Reduces the allowable time period to one year (from 3.33 years) to complete rezoning of sites to accommodate a jurisdiction’s regional housing need If the jurisdiction does not adopt a housing element that HCD has found to be in substantial compliance within 120 days of its due date and prohibits the housing element from being found in substantial compliance until that rezoning is completed.

AB 1466 McCarty X X Likely Real property, removal of
unenforceable discriminatory
restrictions
Requires a title insurance company involved in any transfer of real property and that provides a deed or other documents to identify whether any of the documents contain unlawfully restrictive covenants and, if found, record a specified modification document with the county recorder. Makes changes to the existing process of recording a restrictive covenant modification, as provided.

AB 1584 OmniBus X X Likely Housing Omnibus,
limitations on covenants for
ADU Zoning
Restricts contractual development controls that mirror AB 721 by declaring unenforceable any covenant, condition and restriction (CC&R) contained within a deed, contract, security instrument or other instrument that prohibits, effectively prohibits or restricts the construction or use of an ADU on a lot zoned for single-family use.

AB 447 Grayson X X Indirect Tax credit (LIHTC)
expansion for at-risk
properties
Revises and updates the list of eligible government assistance programs that count towards the "at risk" designation under the state LIHTC program. Allows the CTCAC to allocate tax credits to a wider range of affordable housing developments that are at risk of losing their affordability requirements and converting to market rate housing.

AB 948 Holden X Indirect Bureau of Real Estate:

Appraisers, disclosures,
demographic information
Contains requirements for disclosures in transactions, required pre-licensing and continuing education, and the addition of clear language in the Fair Employment and Housing Act that discrimination based upon protected classes in the provision of appraisal services is unlawful.

AB 1095 Cooley X X Indirect Equity in state and local
programs for affordable
homeownership
Creates parity between affordable homeownership and rental projects in state funding programs. Clarifies that projects eligible for AHSC funding include owner-occupied housing, in addition to rental housing. Requires the Strategic Growth Council (SGC) to adopt guidelines or selection criteria that include both affordable rental and owner-occupied units and allows SGC to include guidelines or criteria for the award of funds to projects that provide home ownership opportunities for low-income individuals in notices of funding availability released after July 1, 2022.

AB 1297 Holden X Indirect State Infrastructure and
Economic Development
Bank: public and economic
development facilities,
housing
Expands the IBank's financing authority to include financing projects with a housing component when it is required for the operation of an economic or public development facility, and no part of the housing component is financed with tax-exempt bonds. The housing component could include but is not limited to rental housing, employee housing and student housing.
10 C.7.b
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Summary of 2021 Legislative Session Housing Bills
Below is a summary of significant housing legislation that was passed in the 2021 legislative session and subsequently signed into law by Governor Gavin Newsom.

GENERAL PLAN AND HOUSING ELEMENT
Housing Element Timing. AB 215 makes important changes to Housing Element deadlines. Specifically, AB 215 provides that the first draft of a housing element must be made available for public review and comment for at least 30 days. If any public comments are received, the local government must take at least 10 business days after the 30-day public comment period to consider and incorporate the comments. This must be done before submitting the draft housing element to HCD for
review, otherwise HCD will not review the draft. Subsequent drafts must be posted electronically and those interested must be provided notice at least 7 days before submitting to HCD.

Additionally, AB 215 extends the time that HCD has to review the first draft of the housing element to 90 days and reiterates that it has 60 days to review any subsequent drafts.

AB 215 also provides HCD with authority to contract with an independent attorney to sue jurisdictions over housing law violations where the Attorney General has declined to bring suit or represent HCD. Lastly, it extends the statute of limitations to three years for actions brought by the Attorney General or HCD or pursuant to a notice of violation issued by HCD regarding housing laws.

Affirmatively Furthering Fair Housing. The AFFH legislation primarily codifies requirements already imposed by HCD's AFFH Guidelines. AB 1304 requires local governments to
administer their programs and activities relating to housing in a manner to affirmatively further fair housing. Similarly, AB 1398 provides that the site inventory and analysis contained in housing elements must include discussion of the relationship between the identified site and the jurisdiction's duty to affirmatively further fair housing. AB 1398 also requires that any AFFH analysis identify and examine patterns, trends, areas, disparities, and needs both within the jurisdiction and regionally. Any assessments should include local and regional historical origins and current policies and practices for identified fair housing issues.

Rezoning. In addition to the AFFH changes, AB 1398 imposes new rezoning requirements on jurisdictions. If a jurisdiction does not adopt a housing element that HCD has found in
substantial compliance within 120 days of the housing element due date, the agency now has one year from the housing
element due date to complete rezoning of sites. Previously, the agency had three years and 120 days regardless of the date the element was found in compliance. If the housing element requires rezoning and it is not completed within one year of the housing element due date, HCD may revoke any findings of compliance it has previously made. Prior to revoking its findings, HCD must issue inconsistency findings and give the local agency an opportunity to respond. Finally, if a housing element is adopted more than one year after the due date, it cannot be found to be in compliance until the agency has completed any required rezoning.

AB 1398 also eliminates 4-year housing element cycles for local governments that fail to adopt a housing element within 120 days of the due date. Starting with the 6th cycle, adoption of a housing element that HCD finds to be in substantial compliance with state law will be deemed to satisfy the 4-year housing element requirement.

Annual Progress Reports. SB 290 requires jurisdictions to include in their annual reports the number of units in a student housing development for lower-income students for which a developer was granted a density bonus. SB 9 requires
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jurisdictions to report the number of units constructed pursuant to its provisions as well as the number of applications for parcel maps for urban lot splits.

SB 787 provides that a local agency may include in the annual report the number of units in an existing multifamily building that were deed-restricted rental for moderate-income
households by imposition of affordability
covenants/restrictions for up to 25 percent of moderateincome RHNA. The jurisdiction must clearly indicate that these are not newly constructed units and must meet specific
requirements to be able to count these units in the annual report. While implementation of this new provision begins January 1, 2023, the agency may report any conversion that occurred after January 1, 2022. SB 787 does not provide that jurisdictions may use these units in their housing elements to satisfy their RHNA.

HOUSING DEVELOPMENT APPROVALS
SB 330 Update. SB 8 extends the key provisions of the Housing Crisis Act of 2019 until January 1, 2030. If a qualifying preliminary application for a housing development is submitted prior to January 1, 2030, the rights to complete the project can vest until January 1, 2034. SB 8 extends the protections provided by a preliminary application to three and a half years from “final approval” if the project is an "affordable housing project" as statutorily defined.

Perhaps most significantly, SB 8 modifies the definition of "housing development project" to include (1) projects that involve no discretionary approvals, and (2) projects to build a single dwelling unit. While this definition does not impact the scope of "housing development project" under the Housing Accountability Act, it does impact the Permit Streamlining Act (PSA) and the Housing Crisis Act. As a result, the 30-day deadline in the PSA to notify applicants if their project is complete will apply to SB 35 projects, ADUs, SB 9 projects, and single-family homes.

Other clarifications made by SB 8 include:
• Expanding the definition of "hearing" to include "any appeal" conducted by the jurisdiction with respect to
the housing development project
• Providing that receipt of a density bonus, including
any incentives, concessions, or waivers, does not
constitute a valid basis on which to find a proposed
housing development inconsistent, noncompliant, or
nonconforming with an applicable plan, program,
policy, ordinance, standard, requirement or similar
provision
SB 8 also amends the replacement housing and relocation requirements in the Housing Crisis Act of 2019. Existing law requires one-for-one replacement of statutorily defined "protected units" that are demolished. Moreover, existing law provides that all residents of protected units, regardless of income, are entitled to state relocation benefits and a right of first refusal to a comparable unit. SB 8 changes these
requirements by:
• Extending the requirement to replace "protected
units" to a project that proposes to demolish a singlefamily home. If a "protected" single-family home is being replaced in a development that consists of two
or more units, "comparable units" means:
o A unit that contains the same number of
bedrooms, if the single-family home had
three or fewer bedrooms; or
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o A unit that contains three bedrooms, if the
single-family home had four or more
bedrooms.
• Clarifying that existing occupants that are displaced for the housing development project can return to
their units at their prior rental rate if the demolition does not proceed and the property is returned to the
rental market.
• Limiting relocation benefits, including rental
assistance payments and right of first refusal, to
lower-income households.
• Providing that the existing occupants' right of first refusal to a comparable unit in the new housing
development does not apply to:
o A development project that consists of a
single residential unit located on a site where
a single protected unit is being demolished;
o Units in a housing development in which 100
percent of the units, except the manager's
unit(s), are reserved for lower-income
households;
o Occupants of a short-term rental that is
rented for fewer than 30 days;
o Any unlawful occupant of a protected unit.

Floor Area Ratio. SB 478 sets minimum floor area ratios (FAR) in multifamily residential zones and mixed-use zones. For projects with 3-7 units, there is a minimum FAR of 1.0; the minimum FAR is 1.25 for projects with 8-10 units. A local agency cannot impose a lot coverage requirement that would physically preclude a housing development from achieving these FARs. However, it may impose other zoning design
standards. A local agency also cannot deny a housing
development project located on an existing legal parcel, and meeting specified requirements, solely because the lot area of the proposed lot does not meet requirements for minimum size.

Two-Unit Developments & Urban Lot Splits. For a
comprehensive overview of SB 9, see our Law Alert HERE.

Upzoning. For a comprehensive overview of SB 10, see our Law Alert HERE.

DENSITY BONUS
Changes to Density Bonus Law. SB 290 makes several small changes to state density bonus law. First, it redefines "total units" to (1) include inclusionary housing units, and (2) exclude the units added by state or local density bonus in calculating the density bonus and incentives/concessions. Additionally, SB 290 removes "specific adverse impact on the physical environment" as a basis for denying a concession, incentive, waiver, or deduction of development standard; denials may only be based on health or safety impacts.

Next, SB 290 requires a jurisdiction to grant one incentive/ concession for student housing with a 20 percent set-aside for low-income students. The jurisdiction's housing element annual report must include the number of housing units for lower-income students for which the student housing
development was granted a density bonus.

SB 290 also eliminates the requirement that moderate-income units be in a "common interest" development to qualify for a density bonus, instead providing for a density bonus so long as 10 percent of the total units in any for-sale housing
development are sold to moderate-income families. Lastly, C.7.b
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SB 290 extends the parking ratio exception to cover
development with at least 40 percent moderate-income units and located within one-half mile of a major transit stop. Where the housing development project meets these requirements, jurisdictions cannot impose a parking requirement that
exceeds 0.5 spaces per bedroom.

Purchase of Density Bonus Units. SB 728 broadens the
requirements for a for-sale unit that qualifies an applicant for a density bonus. Whereas previously the applicant and the city or county had to ensure that the initial occupant of the for-sale affordable unit was a person or family of very low, low, or moderate income, now the for-sale unit may be purchased by a "qualified nonprofit housing corporation." The nonprofit must have 501(c)(3) tax exempt status and a state welfare
exemption and must sell to low-income families pursuant to a no-interest loan program. To satisfy the requirements in density bonus law, it must be purchased under a recorded contract that includes:
• A repurchase option that requires a subsequent
purchaser of the property that desires to sell or
convey the property to first offer the qualified
nonprofit corporation a right to repurchase;
• An equity sharing agreement, as statutorily defined;
and
• Affordability restrictions on the sale and conveyance of the property that ensure the property will be
preserved for lower-income housing for at least 45
years.

Local Affordability Restrictions. AB 634 clarifies that state density bonus law does not prohibit a jurisdiction from requiring an affordability period that is longer than 55 years for any units that qualify a housing development project for a density bonus, if required to meet the terms of a local inclusionary ordinance, so long as the project is not financed with low-income housing tax credits.

IMPACT FEES
Development Fee: Impact Fee Nexus Study. AB 602 outlines the following new requirements for local impact fee nexus studies:

1. The study must be adopted prior to adoption of the
associated development fee;

2. The study must identify the existing and proposed
level of service for each public facility and explain why the proposed service level is necessary;

3. The study must include supporting information as
required by the Mitigation Fee Act;

4. If the study supports a fee increase, it must also
support the original fee;

5. The study must employ one of the following
calculation methods after July 1, 2022:
a. The fee is levied proportionately to the
square footage of the proposed units. This
method is automatically deemed a valid
method by which to establish a reasonable
relationship between the fee charged and
the burden imposed by the development; or
b. The fee is levied on some alternative basis
of calculation, if the local agency makes the
following specified findings: (1) an
explanation of why square footage is not an
appropriate metric; (2) an explanation that
the alternative basis bears a reasonable
relationship between the fee charged and
the burden imposed by the development;
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and (3) other policies in the fee structure
ensure that smaller developments are not
charged disproportionate fees.

6. If the jurisdiction is a "large jurisdiction," meaning a county with a population of at least 250,000 people or
any city within such a county, the city or county must
adopt a capital improvement plan;

7. The study must be adopted at a public hearing with at least 20-days' notice, and the local agency must notify any member of the public who requested notice of
the date of the hearing; and

8. The study must be updated at least every eight (8)
years, beginning January 1, 2022.

Any member of the public, including an applicant for a housing development project, may submit evidence that the city, county, or local agency has failed to comply with the
requirements of the Mitigation Fee Act. Upon receipt of such information, the jurisdiction must consider the timely
submitted evidence and authorize the legislative body to adjust the proposal if deemed necessary in light of evidence
considered.

Additionally, a city, county, or special district must (1) request the developer to provide total amount of fees and exactions associated with a project upon the issuance of a certificate of occupancy or the final inspection, whichever occurs last, and (2) if the developer provides this information, post this information on its website. The information posted on the jurisdiction's website must be updated at least twice a year, but the jurisdiction may include a disclaimer that it is not responsible for the accuracy of the information received and posted. Developers are not required to provide the
information.

AB 602 is not intended to prevent a local agency from
establishing and adopting different fees for different types of developments. Additionally, these new study requirements do not apply to any fees or charges for water and sewer services and facilities.

Lastly, AB 602 directs HCD to create a template, by January 1, 2023, that may be used by local jurisdictions to design their impact fee nexus studies. The template must include a method for calculating the feasibility of housing being built within a given fee level.

Impact Fees & Affordable Housing. AB 571 prohibits the
imposition of affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, on a housing development's affordable units.

OTHER SIGNIFICANT HOUSING LEGISLATION
Mixed-Income Structures. AB 491 addresses fair housing
issues in mixed-income structures. Specifically, AB 491 provides that in a mixed-income multifamily structure, the residents of the affordable housing units must have the same access as the residents of the market-rate units to (1) the common entrances of the structure, and (2) the common areas and amenities of the structure. Perhaps more significantly, AB 491 also states that the affordable housing units in a multifamily structure cannot be isolated on a specific floor or area of a floor; rather, they must be integrated throughout the structure.

For the purposes of this legislation, a "mixed-income
multifamily structure" means any residential structure with five or more dwelling units that includes both affordable housing units and market-rate housing units. "Affordable housing unit" C.7.b
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is defined to include both low- and moderate-income units.

Nothing in AB 491 prohibits the development of a separate structure with all affordable housing units.

Restrictive Covenants. During this session, the Legislature addressed restrictive covenants as barriers to the development of housing. First, AB 721 allows the owner of a statutorily defined affordable housing development to record a restrictive covenant modification to make inoperable a recorded
covenant, condition, or restriction that restricts the number, size, or location of the residences that may be built on a property, or that restricts the number of people or families who may reside on the property. To qualify, the owner of the affordable housing development must submit the modification document, along with supporting documentation, to the
county recorder. The county recorder must forward the
documentation to the county counsel who must make a
determination whether, among other things, the original restrictive covenant contains an unlawful restriction in violation of AB 721 and the property qualifies as an affordable housing development. The intended impact of AB 721 is to ensure that restrictive covenants do not curtail the type and density of development otherwise permitted on a site by the local zoning.

Similarly, AB 1584 makes void and unenforceable any
covenant, restriction, or condition that "effectively prohibits or unreasonably restricts" construction or use of qualifying accessory dwelling units or junior accessory dwelling units on single-family residential lots. For the purposes of the law, reasonable restrictions are those that do not unreasonably increase construction costs, effectively prohibit construction, or extinguish the ability to otherwise construct. Unlike AB 721, AB 1584's provisions automatically void the effect of any CC&Rs that conflict with its provisions; the owner of the property need not take any additional action.

While similar provisions were passed in 2019 and 2020 that amended Civil Code §§ 4740, 4741 & 4751 to prohibit these types of CC&Rs from being imposed by homeowners'
associations and common interest developments, AB 1584
amends Civil Code § 714.3 to void any of these CC&Rs,
regardless of their origin. AB 1584 serves to reinforce previously adopted legislation.

Conveyance of ADUs. Previously, the law permitted
jurisdictions to choose to allow separate conveyance of certain accessory dwelling units (ADUs) by adoption of a local
ordinance. SB 345 requires local agencies to allow for separate conveyance or sale of these ADUs.

To separately convey an ADU, it must meet the following requirements:
• The ADU was built or developed by a statutorily
defined qualified nonprofit corporation;
• The ADU is being sold to a statutorily defined qualified buyer;
• There is a recorded restriction on the use of the land between the buyer and the nonprofit;
• The property is held pursuant to a tenancy in common
agreement that, among other requirements, provides
for affordability restrictions on the future sale or
conveyance of both the ADU and the primary dwelling
on the property;
• The recording of a grant deed with the county naming
the grantor and grantee, and describing the property
interests being transferred; and
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• If requested by a utility providing service to the
primary dwelling unit, separate water, sewer, or
electrical connection to that utility for the ADU.

AB 345 also requires that any tenancy in common agreement, as outlined above, that is recorded after December 31, 2021, include the following:
• Delineation of all areas of the property that are for the exclusive use of a cotenant;
• Delineation of each cotenant's responsibility for the costs of taxes, insurance, utilities, general
maintenance and repair, improvements, and any
other costs, obligations, or liabilities associated with the property; and
• Procedures for the resolution of disputes among the
cotenants before legal action.

To the extent that jurisdictions have adopted local policies regarding the separate conveyance or sale of these types of ADUs, AB 345 would override any conflicting provisions.

Starter Home Development. AB 803, or Starter Home
Revitalization Act, seeks to make it easier to develop smaller, more affordable homes to increase homeownership. AB 803 eliminates minimum lot sizes to encourage zero lot line detached homes and requires approval of projects that
propose these types of homes and meet certain other criteria.

The proposed development must, among other requirements, meet the following requirements:
• The site to be developed must be in a multifamily
residential zone, substantially surrounded by qualified urban uses, and at least five acres in size;
• The project must propose to develop single-family
homes on fee simple ownership lots;
• The project must comply with existing density, height requirements and setbacks in relation to other sites;
• The proposed development must be within the
boundaries of a jurisdiction that has adopted a
compliant housing element.

A local agency need not ministerially approve projects that meet all the criteria in AB 803, but it must approve the application so long as the development complies with nonconflicting local standards and would not have a specific, adverse impact on public health and safety that cannot be satisfactorily mitigated. A local agency may impose conditions not in conflict with the law, except that it:
• May not impose setback requirements between
buildings, except as required by the state Building
Code;
• May not impose a minimum lot size;
• May not require covered or enclosed parking; and
• May not require the formation of a homeowner's
association.

The utility of AB 803 is likely to be limited given its narrow application and strict criteria.

Enforcement Response to Complaints. With the goal of
ensuring safe and habitable housing for tenants, AB 838 imposes on cities and counties new rules for the enforcement of complaints of substandard building conditions or lead hazard violations. First, AB 838 requires that local agencies inspect the property in question as promptly after receipt of a complaint as they would a request for final inspection.

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Moreover, agencies cannot impose unreasonable conditions, such as that the tenant be current on rent or in compliance with their rental agreement, on responding to substandard building complaints.

Upon inspection, the agency must document any violations and substandard conditions. Thereafter, the agency must inform the owner of the property of any violations and
required corrective actions and schedule a time for
reinspection to ensure compliance with the corrective actions.

Finally, the city or county may not collect a fee from the property owner for the inspection or the report and must provide free, certified copies of inspection reports and citations to any who requests such copies.

A local agency is not required to conduct an inspection where (1) the complaint does not allege one or more substandard conditions, or (2) a previous complaint, submitted by a tenant, resident, or occupant about the same property, was
determined to be frivolous or unfounded by an inspector in the last 180 days.

Intergenerational Housing. SB 591 seeks to facilitate the establishment of intergenerational housing to benefit senior citizens who need special living environments and services. The new law provides that an intergenerational housing
development may be established to provide housing units for senior citizens, caregivers, or transition age youth if, among others, the following requirements are met:
• At least 80 percent of the occupied units are occupied by at least one senior citizen, which is defined as a
person 55 years of age or older;
• Up to 20 percent of the occupied units are occupied
by at least one statutorily defined caregiver or
transition age youth, defined as a person who is 18 to
24 years of age and is either a current or former foster youth or a current or former homeless youth;
• The development is affordable to statutorily defined
lower-income households; and
• The CC&Rs or written policy for the development set
forth the limitations on occupancy, residency, or use.

SB 591 is particularly important because it allows developers that have certain funds or tax credits designated for affordable rental housing to expand occupancy to include not only senior citizens, but also caregivers and transitional youth.

Surplus Land Unit. SB 791 creates the California Surplus Land Unit within the Department of Housing and Community
Development. The purpose of the Unit is to facilitate
development and construction of residential housing on local surplus land, which is defined as land declared surplus by a local agency, pursuant to Gov. Code §§ 54220, et seq., or by a school district, pursuant to Educ. Code §§ 17455, et seq. The Unit may engage in the following activities in the furtherance of its purpose:
• Facilitate agreements between housing developers
and local agencies seeking to dispose of surplus land;
• Provide advice or technical assistance and services to local agencies with surplus land or developers seeking
to develop housing on the surplus land;
• Collaborate with other relevant state agencies, such
as the California Housing Finance Agency or the
California Tax Credit Allocation Committee, to assist
housing developers and local agencies with obtaining
grants, loans, tax credits, and other types of financing; • Collect and compile data on housing production on
local surplus land.

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Packet Pg. 118 Attachment: Summary Matrix of Housing Legislation and Applicability to Brentwood (2674 : Informational Summary and Overview on New 990051
\01\3212597.1
Month 00, 2021 February 1
7, 2022
For more information about this new housing legislation summary or any specific bills, please contact Barbara Kautz ([email protected]), Nazanin Salehi
([email protected]), or any other attorney at
Goldfarb Lipman LLP.

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Packet Pg. 119 Attachment: Summary Matrix of Housing Legislation and Applicability to Brentwood (2674 : Informational Summary and Overview on New CITY COUNCIL AGENDA ITEM NO. 8
Meeting Date: May 10, 2022
Subject/Title: A Resolution to approve the contract documents and authorize the City Manager or designee to execute a purchase order and necessary documents for purchase and replacement of one rolling steel door at the Solid Waste Transfer Station with Overhead Door Company of Stockton, Inc. in the amount of $58,900, plus a 10% contingency of $5,890, for a total funding authority not to exceed amount of $64,790.

Prepared by: Casey Wichert, Assistant Director of Public Works, Operations Scott Dempsey, Fleet/Facilities Maintenance Manager
Submitted by: Miki Tsubota, Director of Public Works/City Engineer

PURPOSE AND RECOMMENDATION
Public Works is requesting to replace one rolling steel door at the Solid Waste Transfer Station.

Replacement will allow proper operation of the door and allow the Solid Waste Division to remain in compliance with their operational permits. Staff recommends the adoption of a Resolution to approve the contract documents and authorize the City Manager or designee to execute a purchase order and necessary documents for purchase and replacement of one rolling steel door at the Solid Waste Transfer Station with Overhead Door Company of Stockton, Inc. in the amount of $58,900, plus a 10% contingency of $5,890, for a total funding authorization not to exceed amount of $64,790.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
On January 25, 2022, by Resolution No. 2022-11, City Council amended the 2021/22 Operating Budget, which includes the Solid Waste Facilities Replacement Fund.

BACKGROUND
The Solid Waste Transfer Station opened to operations in 2013. The transfer station contains four rolling steel doors, each approximately 20’ x 27’ to allow for vehicle entrance and egress.

Currently, one of the four rolling doors (west side main entrance) is non-operational and remains open due to failed components within the door mechanisms.

The estimated useful life of the rolling steel doors in the transfer station is approximately fifteen years. High wind storms over the past years, however, have caused excessive wear and tear on the doors. Staff has identified areas in the facility where the non-operational rolling steel door did not stand up to the high wind damage. Although these areas have been repaired numerous times over the years, staff recommends replacement of the door at this time due the worn and failed components in order to secure the facility and remain in compliance with the facilities operating permit. This project will replace the existing rolling steel door with an improved design to better withstand the winds and the wear and tear of daily use.

A Request for Proposal (RFP) was distributed to three contractors for the rolling steel door replacement. The RFP produced the following results:

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Overhead Door Company of Stockton $58,900
Industrial Door Company $59,765
Barton Overhead $82,960
Nor-Cal Overhead, Inc. $93,252
After review of the proposals received, staff recommends awarding the contract for the rolling steel door replacement to Overhead Door Company of Stockton, Inc. in the amount of $58,900, plus a 10% contingency of $5,890, for a total funding authorization not to exceed amount of $64,790.

FISCAL IMPACT
The contract amount of $58,900, plus a 10% contingency of $5,890, for a funding authorization not to exceed amount of $64,790 will be funded through the Solid Waste Replacement Fund which has sufficient funds for this purchase and is included in the FY 2021/22 Operating Budget.

Attachments:

Resolution
Contract
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RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO

APPROVE THE CONTRACT DOCUMENTS AND AUTHORIZE THE CITY MANAGER

OR DESIGNEE TO EXECUTE A PURCHASE ORDER AND NECESSARY

DOCUMENTS FOR PURCHASE AND REPLACEMENT OF ONE ROLLING STEEL

DOOR AT THE SOLID WASTE TRANSFER STATION WITH OVERHEAD DOOR COMPANY OF STOCKTON, INC. IN THE AMOUNT OF $58,900, PLUS A 10% CONTINGENCY OF $5,890, FOR A TOTAL FUNDING AUTHORIZATION NOT TO EXCEED AMOUNT OF $64,790.

WHEREAS, on January 25, 2022, by Resolution No. 2022-11, City Council amended the 2021/22 Operating Budget which includes the Solid Waste Replacement Fund; and WHEREAS, the Solid Waste Transfer Station opened to operations in 2013; and WHEREAS, one of the transfer station’s four rolling steel doors is non-operational and remains open due to failed components; and
WHEREAS, staff is recommending replacement of one rolling steel door at the Solid Waste Transfer Station in order to secure the facility and remain in compliance with the facilities operating permit; and
WHEREAS, staff recommends awarding the contract for the Solid Waste Transfer Station rolling steel door replacement to Overhead Door Company of Stockton Inc. in the amount of $58,900, plus a 10% contingency of $5,890, for a total funding authorization not to exceed amount of $64,790; and
WHEREAS, the contract amount of $58,900, plus a 10% contingency of $5,890, for a funding authorization not to exceed amount of $64,790 will be funded through the Solid Waste Replacement Fund which has sufficient funds for this purchase and is included in the FY 2021/22 amended Operating Budget.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve the contract documents and authorize the City Manager or designee to execute a purchase order and necessary documents for the replacement of Solid Waste Transfer Station rolling steel door with Overhead Door Company of Stockton Inc.in the amount of $58,900, plus a 10% contingency of $5,890, for a total funding authorization not to exceed amount of $64,790.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 10th day of May 2022 by the following vote:

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Packet Pg. 136 Attachment: Contract (2638 : Award Contract - SWTS Roll Up Door Replacement) CITY COUNCIL AGENDA ITEM NO. 1
Meeting Date: May 10, 2022
Subject/Title: School District Planning and Funding Informational Report Prepared by: Erik Nolthenius, Planning Manager
Submitted by: Alexis Morris, Director of Community Development

PURPOSE AND RECOMMENDATION
The purpose of this report is to follow-up on a future agenda item request made by Council Member Rarey with respect to planning and funding for the two local school districts.

Staff recommends that the Council receive the report, and staff will continue to meet and collaborate with the school districts, and jointly pursue additional funding opportunities where they may exist through possible development agreements and federal and state grants.

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

PREVIOUS ACTION
On July 27, 2021, Council Member Rarey requested an item to work with the school districts to ensure their inclusion when developments are being considered.

On August 24, 2021, the City Council provided direction to staff to spend time and resources assessing ways to better involve school district representatives in the development process, and to assist in bringing resources to help fund school facilities.

BACKGROUND
The Council request specifically asked how to increase the involvement of school district representatives in the development approval process to facilitate greater resources being provided to the districts, in addition to current impact fees.

After Council discussion, the Council unanimously recommended that the City include the districts in developer discussions and agreements to provide capital for school construction, and to have staff spend time and resources on the issue. The purpose of this report is to provide an update on how staff has been working with the Brentwood Union School District since direction was received last summer and to provide reference information on the City’s purview related to school financing and funding.

GENERAL PLAN PROVISIONS
The General Plan’s Community Services and Facilities Element establishes goals, policies, and actions related to the provision of schools. There is one goal, which reads as follows:

Goal CSF 5: Enhance the quality of life for all city residents through the provision of cultural and social resources including quality schools, libraries, medical, and other community services and facilities.

There are two related policies:

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Policy CSF 5-1: Continue to work cooperatively with the local school districts in order to ensure that adequate facilities and educational opportunities for all students are provided in a timely manner in accordance with the pace of residential development.

Policy CSF 5-2: Continue to strongly support and encourage the maintenance of high quality schools and diverse educational opportunities in Brentwood, and work cooperatively with the local school districts to explore all local and state funding sources to secure available funding for new school facilities.

Finally, there are three related actions:

Action CSF 5a: Continue to coordinate with the school districts to ensure the adequate provision of school and related facilities to serve existing and future development and support the establishment of a School Facility Master Plan. The City should work with the local school districts to develop criteria for the designation of school sites and consider a range of opportunities available to reduce the cost of land for school facilities.

Such opportunities may include, but are not limited to, designating lands as School (SCH) on the General Plan Land Use map when future school sites are identified in the adopted School Facility Master Plan. The City shall encourage the local school districts to comply with City standards in the design and landscaping of school facilities.

Action CSF 5b: Require new development to pay applicable school facility impact fees and work with developers and the school districts to ensure that adequate school and related facilities will be available.

Action CSF 5c: Establish review and collaboration procedures to include the local school districts in the development review process. The procedures should establish mechanisms to receive input from the local school districts prior to approval of new development projects in order to explore opportunities to provide new school facility sites in appropriate locations, and ensure that adequate school facilities are available to meet the demands of new development projects.

DEVELOPMENT REVIEW PROCESS
The City includes both school districts (Liberty Union High School District and Brentwood Union School District) in the development review process. Plans for new projects are sent electronically to the districts after they are submitted to the City, with a request to review and provide comments before projects are considered by the Planning Commission and/or City Council. Comments, when received, generally relate to the need for payment of applicable school facility fees, although some projects generate more specific comments or concerns, depending on their nature and location. In these cases, staff works with the district(s) to ensure that the concerns are addressed to the greatest extent possible through either changes to the project plans or recommended conditions of approval.

ADDITIONAL COORDINATION
While meetings between City staff and District staff had been held primarily as needed over time, City staff has made a concerted effort over the last year to meet on a regular basis. There have been three meetings in the last six months, and regular monthly meetings have been established with the BUSD Chief Business Official and the Planning Manager. In addition, quarterly meetings have been scheduled with the BUSD Superintendent, the BUSD Chief Business Official, the Director of Community Development, the Director of Public Works, and D.1
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the Planning Manager. Finally, staff has drafted several potential school site policies within the PA-1 Specific Plan, which the City Council will be considering soon as part of the update to it (Innovation Center Master Plan), but has subsequently learned of state restrictions prohibiting siting schools adjacent to freeways and within 1,500 feet from underground pipelines (along Heidorn Ave.) that might preclude a school use therein.

FINANCING TOOLS/OPTIONS FOR NEW SCHOOLS
The City is limited in terms of its ability to impose impact or other fees on development projects for the purposes of funding schools and school facilities and providing new school sites within the city. State law essentially prohibits the City from imposing development impact fees on new development for the purpose of constructing new school facilities or for otherwise mitigating the impacts new development has on schools (subject to very limited exceptions).

Instead, California law authorizes school districts to adopt and impose school impact fees, but that authority is subject to caps that usually result in new development paying significantly less than its “fair share” of improvements needed to provide sufficient school facilities to serve the population growth it brings. The “policy rationale” for such limits is that California provides some additional funding for school facilities, and school districts are expected to use their bonding authority to make up any funding shortfalls, but such funding is often inadequate.

State law expressly prohibits the City from considering the adequacy of existing school facilities when making land use decisions, even as part of environmental review under the California Environmental Quality Act (CEQA). There are limited methods that the City can use, in some circumstances, to obtain school-related exactions from development projects, especially when a developer is seeking a development agreement. In most circumstances, however, if the City is considering a development project that is consistent with applicable zoning and General Plan designations, the City lacks discretion to require it to mitigate school-related impacts. Recent amendments to State law designed to further promote housing development make it even more difficult for the City to deny or reduce the density of such new development.

The Mitigation Fee Act (MFA) generally governs the City’s imposition of exactions and impact fees on development projects. The MFA requires that any exaction or fee must both be related to and be proportional to the project’s impact. The City uses its authority under the MFA to impose its six adopted development impact fees, which fund improvements identified in the General Plan, Capital Improvement Plan, and applicable master plans. School facilities-related exactions and impact fees; however, are not governed by the MFA.

The only method that cities have for mitigating school facilities impacts is to impose or pass along fees established by school districts as expressly authorized in State law. As a result, cities are preempted from imposing exactions or fees for school facilities outside what is authorized by State law. The law sets specific limits on the amounts of exactions that can be imposed on development projects. In addition, the law prohibits cities from turning down development projects solely based on the inadequacy of school facilities. Similarly, the law does not allow cities to disapprove projects based on inadequate school facilities under CEQA.

While cities are limited in their ability to unilaterally impose school impact fees on development projects, they may have the opportunity to negotiate higher amounts of mitigation in circumstances where a developer is seeking a development agreement. Development agreements are contracts wherein a city and a developer can agree that the developer will provide certain benefits – such as a school site, funding for new facilities, actual construction of new facilities, et cetera – in exchange for the City’s agreement to provide the developer with a D.1
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“vested right” to proceed with development in accordance with existing local laws for a set period of time, without the risk to the developer that future legislative changes could make development significantly more costly.

Developers typically will only seek such agreements for large, multi-phase, long term projects that they intend to develop over the course of many years. They are rarely sought or needed for smaller infill subdivisions or other development projects, especially those that are consistent with existing zoning and general plan designations. Recent amendments in State law that have been designed to address the current housing crisis now further restrict the abilities of cities to “downzone” or otherwise rezone areas currently zoned for residential development, thus further limiting the need for developers to seek such development agreements.

Aside from development agreements, the law provides very few other avenues for a city to secure additional school mitigation from developers. When the housing market is such that developers are motivated to secure legislative approvals such as zoning and general plan amendments as quickly as possible, they will sometimes voluntarily offer up promises to provide additional school facilities in order to incentivize cities to provide the needed approvals. The law prohibits cities from explicitly considering school needs as part of their general plan amendment and rezoning decisions.

FISCAL IMPACT
There is no fiscal impact associated with receiving this report. Staff will continue to assess potential funding opportunities for schools, and via potential development agreement negotiations as they arise.

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CITY COUNCIL AGENDA ITEM NO. 2
Meeting Date: May 10, 2022
Subject/Title: Council receipt of a brief Informational Presentation on use of affordable housing funds to rehabilitate and/or renovate non-deed restricted housing within Brentwood in need of repairs, rehabilitation or renovation, and a brief presentation from Gabriel Lemus, Community Development Block Grant (CDBG) Program Manager on programs available for such repairs and rehabilitation
Prepared by: Sylvia Elias, Housing Analyst
Submitted by: Alexis Morris, Director of Community Development Alexis Morris, Director of Community Development

PURPOSE AND RECOMMENDATION
Receive a presentation on use of affordable housing funds to rehabilitate and/or renovate nondeed restricted housing within Brentwood in need of repairs, rehabilitation or renovation, and a brief presentation from Gabriel Lemus, Community Development Block Grant (CDBG) Program Manager on programs available for such repairs and rehabilitation and discussion following the presentation.

CITY COUNCIL STRATEGIC INITIATIVE
None.

PREVIOUS ACTION
At its September 9, 2003 meeting, the City Council approved Ordinance 756, approving an amendment to the Municipal Code, adding Chapter 17.725 that established an affordable housing program. Section 17.725.007(B) (“Affordable Housing In-lieu Fee Fund: Use”) states that “…[f]unds shall be disbursed at the discretion of the City Council for the purpose of assisting in the construction of low and very low-income dwelling units, or helping with other affordable housing opportunities.”
At its December 14, 2021 meeting, the City Council directed staff to bring forward information on the use of affordable housing funds for the repair, rehabilitation, and/or renovation of non-deed restricted housing within Brentwood.

BACKGROUND
Per the Affordable Housing Program’s guidelines, affordable housing funds may be used for the purpose of assisting in the construction of low and very low-income housing, and helping with other affordable housing opportunities. As an example, in 2012, The Grove at Sunset apartment project utilized approximately $4 million in housing funds to help construct the project. The project is 100% affordable housing for very-low and low-income households. The project is owned and managed by Meta Housing, Inc.

Developers of newly constructed affordable housing utilizing the City’s affordable housing funds must enter into an agreement with the City, ensuring housing is deed-restricted for very-low and D.2
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low-income residents. Housing funds may be used for repairs to the deed-restricted rental units in the City’s affordable rental program, and may be available to homeowners in the City’s affordable housing program for qualifying purposes. Property owners that are not part of the City’s affordable housing program (non-deed-restricted units) do not qualify for the City’s affordable housing funds to repair their properties. However, non-deed-restricted property owners may qualify under the CDBG program to receive funding for repairs.

Property maintenance is the sole responsibility of the owner; non-deed-restricted properties may be notified by the City’s Community Enrichment team that an issue needs to be addressed. The deed-restricted units under the City’s affordable housing program (ownership and rental) are reviewed on a quarterly basis to ensure that each property is well-maintained. A curbside inspection is done by staff for each ownership unit in the City’s program, and if property issues are found (overgrown weeds, deed lawn, broken fence, etc.), the owner is notified in writing to correct the issue. Annual inspections to the affordable rental units are done by staff and the contracted property manager. Interior and exterior inspections of the affordable rental units are also conducted.

Other programs offered by Federal, State, and County agencies are available to incomequalifying property owners who may be in need of funds to make repairs on their homes/housing units. The City is a participant along with a consortium of cities in the Community Development Block Grant (CDBG) Program. The CDBG program, sponsored by the U.S. Department of Housing and Urban Development (HUD) is a primary source of funds for the County's community development and housing programs. As an eligible Urban County, as defined by HUD, Contra Costa County receives funds annually to carry out CDBG-eligible activities. The County directs these funds to housing, economic development, infrastructure improvements, public facilities, and public service projects designed to meet the needs of very low- and low-income persons. CDBG funds are allocated annually to eligible entitlement jurisdictions by HUD on a formula basis, and the County's Department of Conservation and Development (DCD) administers CDBG funds. Brentwood’s allocation for this fiscal cycle is approximately $300,000, which is added to the consolidated fund account to be made available for qualifying projects in Contra Costa County.

Gabriel Lemus, Contra Costa County CDBG Program Manager, will provide an informational presentation to the City Council on several programs available to income-qualifying Brentwood residents who are seeking funds for repairs to their properties.

FISCAL IMPACT
None.

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CITY COUNCIL AGENDA ITEM NO. 3
Meeting Date: May 10, 2022
Subject/Title: A Resolution approving grants from the City’s FY 2022/23 Economic Development Grant Program in the amount of $146,862 and considering the allocation of up to $15,890 in additional funds
Prepared by: Joshua Ewen, Senior Analyst
Submitted by: Tim Ogden, City Manager

PURPOSE AND RECOMMENDATION
On November 5, 2002, citizens voted in a general election with Measure D to amend the Brentwood Municipal Code to change the business license tax to a gross receipts tax structure.

As part of the new tax structure, the following was enacted:
“Twenty percent (20%) of the business license tax collected shall be set aside for economic development for the explicit purpose of business promotion and institutional advertisement for the City of Brentwood. Organizations, including the City of Brentwood and the Brentwood Chamber of Commerce, may apply annually for the use of these funds on a project by project basis to the Director of Economic Development. Disbursement of these funds would require City Council approval.”
The Economic Development Grant Program consists of two grant fund award components: 1) an Every Two Year Priority Events grant cycle, and 2) an annual competitive grant cycle. The City Council has previously approved the Priority Events grant cycle for FY 2022/23 and FY 2023/24. With the action now being considered, the City Council is being presented the annual competitive grant cycle applications and recommendations for funding for FY 2022/23. Denial of these requested grants may result in the delay, change in scope, or loss of community-based programs and events that promote the community, increase tourism and lead to economic development activities.

Staff recommends adopting a Resolution approving grants from the City’s FY 2022/23 Economic Development Grant Program in the amount of $146,862.

PREVIOUS ACTION
On November 5, 2002, citizens voted in a general election to approve Measure D to amend the Brentwood Municipal Code to change the business license tax to a gross receipts tax structure.

On October 27, 2020, by Resolution No. 2020-135, the City Council authorized the City Manager or staff designee to allow program modifications for Economic Development Grant Program recipients, if required by operational restrictions relating to the COVID-19 pandemic.

On December 10, 2021, the Land Use and Development Committee considered events to fund utilizing the 2022/23 and 2023/24 Economic Development Grant Program Priority Events funding and directed staff to present the funding recommendations to the full City Council for further consideration and approval.

On January 25, 2022, by Resolution 2022-08, the City Council approved Priority Events funded D.3
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by the Economic Development Grant Program for fiscal years 2022/23 and 2023/24 in the amount of $77,671 per year.

On April 18, 2022, the Land Use and Development Committee arrived at a recommended list of applications to fund for the FY 2022/23 Economic Development Grant program year and directed staff to present the recommendation to the full City Council for further consideration and approval.

BACKGROUND
The Economic Development Grant Program allows local organizations to receive grants for activities that promote Brentwood and attract shopping and tourism to the city. To receive a grant, applicants must submit a completed grant application detailing the project, the estimated budget, and other key information as described in the program’s Guidelines and Application Packet.

On January 25, 2022, the City Council approved Priority Events funded by the Economic Development Grant Program for fiscal years 2022/23 and 2023/24 in the amount of $77,671 per year, as listed below:

Event Organization Funding Approved Per
Fiscal Year (FY
2022/23 & 2023/24)
Holiday Parade Brentwood Chamber of
Commerce
$8,442
Hometown Halloween Brentwood Chamber of
Commerce
$3,939
Summer Concert Series City of Brentwood $47,890
Annual Tree Lighting and
Movies in the Park
City of Brentwood $7,400
Harvest Time Annual Trail Map Harvest Time of Brentwood $10,000 Total Funding Approved: $77,671
There is $162,752 available for competitive cycle grants in FY 2022/23. The application period for Economic Development Grants opened on January 5, 2022 and closed on March 25, 2022.

A total of thirteen (13) applications were received, totaling $180,362 in requests for funding.

After a robust discussion and analysis, the Land Use and Development Committee (LUD Committee) has recommended that the City Council award Economic Development grant funds to organizations, projects and events as detailed below in the amount of $146,862:

Project/Event Organization Requested
Funding
LUD
Recommended
Funding
Banner Up! Art Guild of the Delta $ 16,735 $ 16,735
Gift Card Marketing
Campaign
Brentwood Chamber of
Commerce $ 5,000 $ 0
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East Bay Business
Expo
Brentwood Chamber of
Commerce $ 10,000 $ 0
La Gran Fiesta Brentwood Chamber of
Commerce $ 10,000 $ 0
The Bite of Brentwood Brentwood Chamber of
Commerce $ 10,000 $ 4,000
Brentwood Turkey Trot
for Schools
Brentwood Turkey Trot
for Schools $ 25,998 $ 25,998
Delta Quilters Guild
Quilt Show Delta Quilters Guild $ 3,000 $ 3,000
OktoberFEST Downtown Brentwood
Coalition $ 31,239 $ 31,239
Brentwood Literary
Stroll Friends of the Library $ 7,430 $ 7,430
Brentwood on Ice Got A Party Inc. $ 20,000 $ 20,000
Heritage Day 2022 John Marsh Historic
Trust, Inc. $ 9,960 $ 9,960
Día De Los Muertos Miguel Saldana, DBA
Azucar $ 21,000 $ 21,000
Miles for Mayo Miles for Mayo $ 10,000 $ 7,500
Total $ 180,362 $ 146,862
The LUD Committee recommended list of projects and events would provide $146,862 in funds to the local community. As $162,752 is available for use in this grant program in FY 2022/23, there will be $15,890 available in which the City Council may choose to be directed to an eligible use. In this regard, and as noted above, Measure D requires that these funds be used for “economic development for the explicit purpose of business promotion and institutional advertisement for the City of Brentwood.”
The LUD Committee recommended that the City Council consider allocation of these remaining funds to (1) City Parks & Recreation Department family programs in the Downtown area, and/or (2) the City of Brentwood 75th Anniversary Event to occur in FY 2022/23.

The City Council may choose to allocate the available $15,890 to a certain recipient for use at this time, or it may instead elect to keep this money available for allocation at a future date.

FISCAL IMPACT
The total fiscal impact is anticipated to be $146,862 as recommended by the Land Use and Development Committee. The fiscal year 2022/23 Economic Development Grant Program cycle had a total of $162,752 available for funding. A balance of $15,890 is available for any D.3
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additional allocation by the City Council for FY 2022/23.

Attachments:

Reso 2022 - Economic Development Grant Program FY 22 23 Economic Development Grant Application FY 22-23 Competitive Cycle D.3
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RESOLUTION NO. 2022-____
A RESOLUTION APPROVING GRANTS FROM THE FY 2022/23 ECONOMIC DEVELOPMENT GRANT PROGRAM IN THE AMOUNT OF $146,862
WHEREAS, on November 5, 2002, citizens voted in a general election to amend Ordinance No. 707, Chapter 5.04 of the Brentwood Municipal Code, changing the business license tax from a flat rate to a gross receipts tax structure; and WHEREAS, as part of the 2002 ballot measure to restructure the City’s business license tax, the voters also approved the creation of a Business License Tax Program (“Program”) that would allocate 20% of total business license tax revenues to grants awarded in conjunction with economic development for the explicit purpose of business promotion and institutional advertisement for the City of Brentwood; and
WHEREAS, on October 27, 2020, by Resolution No. 2020-135, the City Council authorized the City Manager or staff designee to allow Program modifications for Economic Development Grant Program recipients; and
WHEREAS, on December 10, 2021, the Land Use and Development Committee considered events to fund utilizing the 2022/23 and 2023/24 Economic Development Grant Program Priority Events funding and directed staff to present the funding recommendations to the full City Council for further consideration and approval; and WHEREAS, on January 25, 2022, by Resolution No. 2022- 08, the City Council approved the continued funding of the Priority Events category for the Economic Development Grant Program for fiscal years 2022/23 and 2023/24 in the amount of $77,671 per year; and authorized the City Manager or his designee to execute documents related to the Grant Program, as needed; and
WHEREAS, on April 18, 2022, the Land Use and Development Committee arrived at a recommended list of funded applications for the FY 2022/23 Economic Development Grant program year and directed staff to present the recommendation to the full City Council for further consideration and approval.

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

1. Approves grants from the Economic Development Grant Program in the amount of $146,862 to local organizations in the amounts listed in the attached “Exhibit A,” subject to the terms and conditions of the Economic Development Grant Program and authorizes the City Manager or his designee to implement the FY 2022/23 Economic Development Grant Program.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 10th day of May, 2022, by the following vote:

D.3.a
Packet Pg. 147 Attachment: Reso 2022 - Economic Development Grant Program FY 22 23 [Revision 2] (2673 : ED Grants Competitive 22-23)

Page 2 of 2 ends

EXHIBIT “A”
FY 2022/23 Economic Development Grant Program Award
Project/Event Organization Requested
Funding
Recommended
Funding
Banner Up! Art Guild of the Delta $ 16,735 $ 16,735
Gift Card Marketing
Campaign
Brentwood Chamber of
Commerce $ 5,000 $ 0
East Bay Business
Expo
Brentwood Chamber of
Commerce $ 10,000 $ 0
La Gran Fiesta Brentwood Chamber of
Commerce $ 10,000 $ 0
The Bite of Brentwood Brentwood Chamber of
Commerce $ 10,000 $ 4,000
Brentwood Turkey Trot
for Schools
Brentwood Turkey Trot
for Schools $ 25,998 $ 25,998
Delta Quilters Guild
Quilt Show Delta Quilters Guild $ 3,000 $ 3,000
OktoberFEST Downtown Brentwood
Coalition $ 31,239 $ 31,239
Brentwood Literary
Stroll Friends of the Library $ 7,430 $ 7,430
Brentwood on Ice Got A Party Inc. $ 20,000 $ 20,000
Heritage Day 2022 John Marsh Historic
Trust, Inc. $ 9,960 $ 9,960
Día De Los Muertos Miguel Saldana, DBA
Azucar $ 21,000 $ 21,000
Miles for Mayo Miles for Mayo $ 10,000 $ 7,500
Total $ 180,362 $ 146,862
D.3.a
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16,735
16,735
6775. $1777 was paid to the
Art Guild of the Delta
Andrea Schwartz
3130 Balfour Road, Ste D #221 Brentwood 94513
925 683-6360 [email protected]
82-2805677
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The participating Artists received 1777
Donation to Gaslight Theater Ensemble was $2468
6755.00
D.3.b
Packet Pg. 151 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23)

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Andrea Schwartz Vice President, Art Guild of the Delta
3/23/22
Mary K. Lamb Board of Directors, Art Guild of the Delta D.3.b
Packet Pg. 152 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) 1 Budget
Item
VENDOR Description Request Amount
Based on Bid
AND

HISTORICAL
RECORD
Proof of
Bid/Estimate
Approved
Expense Amount
1 Sierra Display, Sierra Installation Purchase and installation of 70 Banners for Banner Up! 2023 with printed ad on
one side plus shipping and installation -
2022 Invoice attached. Request
includes a 10% increase for inflation
$ 6,870
2 Home Depot/Amazon Banner Preparation - labels, hardware for hanging, cleaning materials, etc.

Actual from 20/21 program $583
Request includes a 10% increase due to
steep increase in supply cost.
$ 640
3 Michael Grejsen Photography Banner Photos and design and develop final copy of Auction Guide, 20/21 cost
$1000, increase to $1,500 reflects
increase photographer fee and addition
of Auction Guide development.
$ 1,500
4 Paper Tiger Ready Print Auction Guides- 500 copies, Actual 2021 $1,370 for 250
$ 2,500
5 Office Depot Paper supplies, receipt books, general
office materials
$ 100
6 Walgreens Signage for Community Center and
VFW
$ 100
7 Veterans Memorial Building Rental Fee Auction Event, Sep 24, 2022
$ 950
8 Zeigler Insurance Event Insurance, actual cost 2018 was $103. Request includes 10% inflation
$ 115
9 TBD U-Haul truck rental and dolly, gas for
truck
$ 250
10 Contra Costa County
Environmental Health, Alcoholic
Beveragements Control
Permit: ABC , CCC Health Dept plus
cost of money orders, and postage for
ABC permit application
$ 110
11 TBD Tables and Linens rental for event.

Actual 2018 $322. Request includes
10% inflation rate.
$ 355
12 TBD/Musician Actioneer and entertainment $ 400
13 TBD (Hardware/Dollar Store) Miscellaneous supplies for banner display - zip ties, felt pads, signage,
pens / s hooks / felt pads, pliers
$ 125
14 32Auction Online auction setup and photography $ 250 15 110 Magazine print ad $ 350
16 Brentwood Press print ad, online ad $ 700
17 Brentwood Press Targeted Mailing 1999 x $.65 $ 1,300 18 Facebook/Instagram/Social
Media
Boosted posts for March, June, July,
Aug
$ 120
$ 16,735 $ - $ -
Banner Up! 2022/2023 Budget

TOTAL BUDGET

MARKETING COSTS

PROGRAM MATERIAL COSTS

BENEFIT AUCTION COSTS

SUPPLIES AND MATERIALS (BANNERS) COSTS
Itemized Request for Funding
D.3.b
Packet Pg. 153 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) 2 GRANT REQUEST = $16,735
D.3.b
Packet Pg. 154 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) Project Narrative - Banner Up! 2022
Overview
Banner Up! is a community public art program that was established under the direction of City of Brentwood, Economic Development Division and City of Brentwood Arts Commission. Banner Up! is organized and managed by the local art organization Art Guild of the Delta (AGD), a 501 (c) (3) public charity. In 2022, we are already planning and organizing for our 6th event!
All local artists are invited to paint original artwork on 70 vinyl banners that will include messages of joy, diversity & inclusion, agricultural enrichment, local wildlife and other messages that reflect our beautiful city’s culture, history and growth. These banners will color our City Park and the streets of Brentwood’s downtown area through the summer months, for the enjoyment of all locals and visitors.

In partnering with a vetted local charity organization, the selected charity will benefit from the sale proceeds of these original art banners. This supports the mission of Art Guild of the Delta to provide and promote community wide awareness of local art activities.

Goals
The goals of this program include:

1. Encourage building a creative community.

2. Involve local creatives of all ages.

3. Build a creative downtown mood during our summer months of festivals and markets.

4. Support local businesses through art engagement.

5. Help to support a local non-profit organization who gives back to our community.

6. Provide an awareness of the local non-profit arts organization, Art Guild of the Delta.

Location and Schedule
Annually, this program begins in mid-February with a planning committee and involvement of Art Guild of the Delta members to engage a suitable non-profit benefactor to begin a working partnership. Moving forward, we have a very involved timing schedule that covers some of the following points.

1. Develop and begin to implement plans for in person gala & marketing strategies.

2. Develop new banner artwork for the back of banner displaying benefactor information & order banners.

3. Call for Artists & Banner preparation and distribution happens in April.

4. Begin marketing strategy in April

5. Banner painting by community finalized in late May.

6. Banner Photography and Banner Guide May/June

7. Banner hanging downtown and city park happens first week of June.

8. Provide walking tours of banners June, July & August.

9. Banner Guide finalized & sent to printers then distribution late June/early July.

10.Organize committees and all details of in person gala event in June.

11.In person gala and banner auction in September at Veteran’s Memorial Building D.3.b
Packet Pg. 155 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) Purpose and Results of Auctions
Banner Up! 2022 Gala and Auction will provide an artful and engaging atmosphere of local musicians, local wines and local bites for visitors to appreciate and enjoy.

Benefits from the auction provide a financial donation to a local charity and local artists.

This year, the proceeds from each banner sale will be shared between the local veterans & Brentwood Memorial Building and local artists. This will be our first year working with veterans. We hope to help establish an art program with veterans, where they will benefit from art instruction and expression. We also encourage donated funds be used to help with the maintenance of this historical building.

Our previous benefactors & partners, Brentwood Library Foundation and Ghostlight Theatre Ensemble, have received a combined total of $18,080 of generated auction funds to invest in the future of their organizations!
Alignment with City Goals
This project supports the City Council’s Strategic Plan; Focus Area 3 Economic Development 1.c.; and Focus Area 5, Community & Neighborhood Service 2.b by promoting a positive, family friendly and culturally enriching image of Brentwood. Banner Up! supports the City’s overall Economic Development efforts by providing an added reason for Brentwood residents, and those in surrounding communities, to visit Brentwood’s historic downtown and enjoy the shopping and dining opportunities unique to the area. An Auction Guide of the banners will be published and distributed when the banners are hung and folks will be encouraged to take a walking tour and enjoy the downtown area. A copy of the Auction Guide for 2021 is attached.

The banners create a beautiful and engaging environment of art ‘flying’ above downtown Brentwood for all to enjoy during the summer months. The program engages local artists giving many of them their first opportunity to have their work shown publicly.

Banner Up! is an enhancement to these already existing programs featured during the summer:
x City of Brentwood’s Concert in the Park on Friday nights x Saturday morning’s Farmers’ Market with local produce, fresh flowers and food x Many other festivals and markets that occur during the summertime months.

In the past, this annual event has been widely covered by local and regional press, alerting out-of-towners to our sweet historic area. This is also particularly of interest during our U-Pick season. Viewing the banners provides residents and visitors another reason to make downtown Brentwood a shopping and dining destination.

Eco-Friendly Features
More than ever during our pandemic state, we have become accustomed to online media to find out what is happening around us. We will focus on targeted social media blasts, email databases. We will minimize the hard copy media, focusing on smaller ads in our local printed media and also the veteran’s newsletter.

The consideration of using recycled paper products also impacts our choices.

During our gala event, we will strive to be eco-friendly.

D.3.b
Packet Pg. 156 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) Support to Local Businesses
In this year’s program we plan on supporting several local businesses through grant expenditures. These businesses are expected to include the following:
x 110 Magazine
x Brentwood Reprographics
x Veteran’s Memorial Building
x The Brentwood Press
x The Monthly Grapevine
x Walgreens (on Balfour)

MARKETING PLAN
Our marketing approach will include targeted online social media sources, local printed media outlets, local distribution at local events such as Farmer’s Market, and other local events.

Publicity will focus on awareness and benefit of this community program and encourage the following points.

1. Visit downtown Brentwood with a walking tour of banners.

2. Support Local Business.

3. Build a creative awareness of the arts in our community and its importance.

4. Support our local veterans and the Brentwood Memorial Building.

5. Support local arts and arts education.

Art Guild of the Delta hopes to continue a partnership with Brentwood’s Downtown Coalition for support of creating awareness and participation from downtown business.

We will also work with Brentwood Chamber of Commerce, local farmers and our local wineries.

Banner Up! 2022 has selected a new benefactor this year, Local Veterans and Brentwood Veterans Memorial Building. Selecting a new charity every couple of years, generates refreshed interest in the program and fosters a wider support for the arts in our community.

Brentwood Veterans Memorial Building is dedicated as a monument for all those veterans who gave the last full measure, to honor the memories of those who have gone before and to provide for those yet to come. This building serves as a central point for many factions of our service men and women. It hosts many events and functions that bring community together to celebrate, commemorate and enjoy fellowship.

Networking and coordination with local vets and the Brentwood Veterans Memorial Building, their partners and supporters, and the use of their communication programs will be a part of our marketing strategy.

Banner Up! is initially introduced to the public via a “Call for Artist” accomplished through a press release to local and regional media outlets (Brentwood Press, East County Today, Bay Area News Group), calendar event postings in local media (Brentwood Press, East County Today, The Monthly Grapevine, NextDoor), an online article (Oakley News or The Monthly Grapevine), paid newspaper ads, email blast, social media (Facebook, Instagram), AGD and Delta Gallery web pages. We will be reaching out to local colleges and high schools for art students who would want to participate as well as the general D.3.b
Packet Pg. 157 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) community. Additionally, Art Guild of the Delta hopes to provide painting programs to encourage interested local vets to paint some of the banners that will fly high this summer! We plan on reaching out to other local charities for participating artists including the P.A.I.N.T Program (“Promoting Arts, Individuals & Natural Talents) of Community Integrated Support Services (CISS), One Day at a Time (ODAT) and Working Wonders.

Interest and excitement about the banners begins with the artists that decide to paint a banner and their enthusiasm spreads with their families, friends and fans.

We will build on the success of previous years. Once the banners are hung we will provide local and regional media with press releases. We anticipate press coverage exceeding what the program received in the past. In addition, the 2022 banners will have advertising on the back side to indicate the program name (“Banner Up”), organization (“Art Guild of the Delta”), a web page location for additional program information (http://www.artguildofthedelta.org/), and the name of the charity to be supported (Local Veterans & Brentwood Veterans Memorial Building).

We will use free calendar event postings (The Press, East County Today, and NextDoor), email blasts, and Facebook posts to publicize the banner display and the gala event and auction.

We will distribute copies of the printed auction guides to let people know about the program. These guides will also be available at the gala event and auction.

We will also have paid ads to publicize the banners hanging downtown and the gala event and auction. Media outlets may include The Press, 110 Magazine, The Monthly Grapevine, East Bay Times, and East County Today.

Finally, we have budgeted money for a social media campaign (boosted posts). The use of social media (Facebook and Instagram) will continue all summer and AGD will feature the video made in 2018 by Weblative Media or links to our Banner Up! web page on the AGD website (www.artguildofthedelta.org).

D.3.b
Packet Pg. 158 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23)

STATEMENT OF FINANCIAL NEED
Background
Art Guild of the Delta (AGD) is a membership based non-profit organization founded in 2013.

The purpose of this organization shall be:

1. AGD will champion diversity, equity and inclusion and will pursue cultural consciousness as fundamental values of the organization.

2. To stimulate and encourage creative work in the arts, using ethical principles and practices.

3. To provide educational opportunities for members and community to further develop artistic skills and appreciation.

4. To promote and enrich community-wide awareness of local art activities.

5. To provide scholarships to East Contra Costa County community college and local high school students furthering their education in the arts.

6. This organization is organized and operated exclusively for Members of AGD.

Our primary source of income has been through membership fees, small fundraisers and donations from Brentwood Art Society (BAS). Past BAS donations have been based on the volunteer hours working in partnership to help organize and run the Art, Wine and Jazz Benefit Festival. The COVID pandemic has changed the structure of many organizations who have survived, and moving forward, it remains unclear if BAS will continue as a charity organization, and if so, be in a position to offer AGD support. The onset of the pandemic and cancelations of the festival and in-person Benefit Gala and Auction in 2020 and 2021 has had a significant impact on AGD’s fundraising ability.

AGD prides itself on supporting community activities and has funded projects in support of the Village Resource Center, collaborative artwork creations at Delta Gallery, and providing tuition free art classes to non-profit organizations. AGD annually awards scholarship funds to art students at Los Medanos College. Last year we awarded a total of $1500. We will award $2000 to LMC students in 2022. In addition, we provided $2000 in scholarships to the each of the four high schools in the Liberty Union High School District in 2021.

The Banner Up! project is a great fit with our Mission Statement and goal of involving the local community and supporting local artists.

Finances
The City of Brentwood and AGD have partnered to bring this banner program to Brentwood. The cost of the banners and their installation is well beyond what our organization can fund.

AGD is pleased to be structured in such a way that we can implement the program, bringing the artists on board, developing the Auction Guide and organizing the reception and auction.

AGD requests these be consider as ‘in-kind’ services in lieu of dollar support and fund the Grant Funding Request in the amount of $16,735.

D.3.b
Packet Pg. 159 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 160 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 161 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23)

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$40 x 70 = $2800
$3446 + $2800 = $6246
D.3.b
Packet Pg. 162 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) City of Brentwood
Economic Development Grant Program
Self-Certification – Record of No Known Health Order Violations Name of Organization: ________________________________________ Event or Program: ____________________________________________ Authorized Representative Name: ________________________________ I certify that and mutually agree:

The City of Brentwood grant funded event and/or program has complied with applicable health orders in order to receive reimbursement from this City program. Non-compliance and a documented record of violation from Contra Costa County Health Services, or other similar agency, to the Grantee, may result in revocation of City grant funding.” Authorized Representative Signature: _____________________________ Andrea Fox Schwartz
Banner Up 2022
Art Guild of The Delta
__________________________
____________________________________________ Banner Up 2022 D.3.b
Packet Pg. 163 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 164 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 165 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 166 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 167 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 168 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 169 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 170 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 171 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 172 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 173 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 174 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 175 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 176 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 177 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 178 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 179 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 180 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 181 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 182 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 183 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 184 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 185 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 186 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 187 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 188 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 189 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 190 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 191 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 192 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 193 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 194 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 195 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) Summa
BRnywooD
HER:T^c[ . \.iiior` . i`PPoRTUNiTT
Economic Development Grant Program Application
Fiscal Year 2022-2023
Information
Proposed Project Name:

Amount Of Total Event
East Bay Business Expo
Budget: ;
Amount of Requested Grant funds: S 10,000
A,mount Of Revenue, Sponsorships or otherfundl.ng generated bv the Event.. S Sponsoring Organization:

Contact Person:

Brentwood Chamber of Commerce
John Lawrence
Mailing Address:

Telephone:
35 Oak street ~.1 Brentwood State/Zip,
CA/94561
925-634-3344 Emaj,: [email protected]
E Business License #: 023279 and/or E Non-profit ID #: 68-0021569 Scoring is based on a detailed Project Narrative, a detailed Budget with supporting documentation and a detailed Marketing Plan.
osed Pro ect Narrative
On a separate page, please answer the following (p/ecise be defo/./ed and conci.se/..

1. Please describe the project/event in detail. please include purpose of project/event, goals, location, date(s)/times, and other relevant information.

2. How will the project support the Gty Council's Goals and Strategic Plan or the City's overall Economic Development Plan/efforts AND how will the project promote a positive image and/or achieve positive publicity for Brentwood?

3. How will the project encourage or increase shopping and tourist activity in Brentwood?

4. How will the project build goodwill among local businesses and support the overall vibrancy and cohesion of the local business community?

5. How will the project reinforce the image of Brentwood as a high-quality community?

6. How will the proj.ect generate tax revenue, jobs, and other economic development benefits to the city?

7. Will the project support small business development? lf so, how?

8. How will the requested funds be used? How will the project be effectively managed? How will financial issues be handled, such as: managing expenses and revenues, and demonstrating fiscal accountability?
D.3.b
Packet Pg. 196 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23)

9. How does this project minimize the need for City funding and maximize the City's return on investment?

10. What City services/facilities (if any) will be required for your project? (Detailed Business Plan AND detailed Budget)

12. Is this a first time project/event (new, creative)? lf no, please explain prev.Ious experience.

13. Is th'is project/event Eco-friendly?
Prol)osed Project Budget
Complete a detailed line-item budget (example below). Please itemize project revenues and expenses. If your total proj.ect costs exceed the amount of grant funds requested, list other funding sources for your project.

Official bid estimates and/or supporting documentation, showing how the projected expenses have been determined, must be included with application. Funding will not be considered for those line items without supporting documentation.

E]`-; `;.';')f`.i-,:> ,j,, ,:,',,(, `,,„",, I.h' -\ -`.`, , :`„ `'\",:,i,,`:
_( `_, -` -
•¢,,,)`,,`"``<`:`,`,"r.,i//,„,,,,r`'``\,J`l``J'.,-,),,``,;t,t.``',+/{',`:(:,\:`J;t:`,``:,I/\,,,i,,I,,,,.```,:I.;,`..,I,`i,..`\,,:-\,,:,,,``,:/,`\`•`,:^t€-"`,-I-,,.?i,,iy,-,,'.+~.,`r,,,,,:```r,--,, (, ...)h , ,;`.`-T`, ,`. .±¢,?,1`,13r ` i-,¥' '1,`-'}`
'1~'-\`r`/,,,(.a" ,, ,/,.`,`, `. ;`-1`..
\,/ . `,:`,-,I..+'}
Salaries (NOTAN ELIGIBLE EXPENSE)
Insert Description
Supplies/Materials/Equipment 4784 3446
Insert Description wldoo.food.drtnto.nil9c.uon®ouo.qivuwaya Marketing 6733 4850
Insert Description mall.videa.goaa| nledia.pnn`inB
Contractual Services (i.e. Consultant Fees) 2363 1704
Insert Description table,communlty center
Other
Insert Description
TOTAL 13880 10000
D.3.b
Packet Pg. 197 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) List other funding sources supporti.ng your project.
` ,i ,L , i .: ,` ,`,:--:? .., .,. ;i(, ,'::
`` .`.JJ(' -.`=,, ,;: : |`l-X ., , i ``ys,`, .I , ,-_JIJ` 3, `i,i:i .. , I.r'± - `{`,-1ii:-.±=. ,+_-,i+` , LJsi_ st``=`' `. , `:`j:;^\I ., >.'' . , -( ..'¢.` 1:.A ` , .. ,.-.-,`. I,++`./li---,` ,`, `` .-±i?`)(,, i'
'\
:`i````f:``.'.:':'.,'L?``;:.:<.`,`L`/{J(i_;'``\''.,`:1,`'.L`)`1#`\(.J';'`'iJ.\\:rv'\+',Tt:I,l',.'-r`,`'t`<.` :(,;,,.,!,.-,,,-.,.:,,,,?J;,:,i_-,,--I:,,:,,J.,,,i-*-,if:,,`-.`,.,(,i-``-;I;r,,t.?.,,,`.?,,.:,-.,,, • t'`,, r¢ \!`--,-,, , ,JJ,`,t;- : -,,.`,,.;t,`l,T'.,< `; },,i-, `-,,,I,Jr , ,~:; ,., -, ,1<- `.:,,: .\,(--I.\, I
TOTAL
--,::1 :\ .:`, - : ,
I, ,\1-<-,, `,-,-,,(.,i,I;1.,,-``,":'.-`, `,,.,`„ "-,`=,, ,,,.:,i, ,,. `)`,. • -,I,,,,.1., ,I,,`,I .I T, . ,'`-\,n-,i =,, ,,-,-"\,1\= `)-`y,,,(; , ,,-,t ,-` -.,.,' -` ,, \-,,, ` i`` l`/..--,, x
;;`8
TN
•`;L``;=-.r:,i:`:`,,)-``
*(may include generated revenue above and beyond that needed to operate the project/ event)
uired Documentation Checklist
The follow.ing items must be submitted with your applicat.Ion:

I Copy of current Brentwood business license certificate or (lf the organization is a non-profit tax-exempt organization (i.e. 501(c)3), then proof of status from the State and Federal determination letter must be submitted
I Project Narrative
n Detailed Budget with supporting documentation
I Marketing Plan
I Authorization Letter granting permission from the property owner of where the project will take place, as needed
ACKNoi^rLEDGEMENT
I am authorized to submit this application on behalf of the organization I represent. The information provided is true and correct.

I understand that monies received as a result of this application must be used in accordance with the City of Brentwood's Policies and the Economic Development Grant Program Guidelines.

I understand that any variations to the original request for funding will need to be addressed to the Economic Development Division.

D.3.b
Packet Pg. 198 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) I understand it is the applicant's responsibility to adhere to all application instructions and requirement, including submission dates and timelines as well as the required and detailed back up information.

I have read and understand the 2022-2023 Economic Development Grant Program application requirements. I lf a non- rofit or anization
Executive Director.

Signature:

Application must be signed by the Board of Directors President along with the Zt~ Z>. Z~+44Jzc4 Date: 03/24/22
Print Name: hn D. Lawrence Tit,e: Board Member
Please note: lf your application is approved and the project proceeds, approval of funding does not, in any way, exclude applicants from having to obtain the appropriate permits, and/or consents or approvals required by the City's Community Development and Finance departments.

D.3.b
Packet Pg. 199 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) 4th Annual East Bav Business EXPO bv The Brentwood Chamber of Commerce Proposal

1. We will host an EXPO with Booths that businesses can purchase to promote their businesses. This will give them an opportunity to communicate face to face with other businesses and community residents on what they do and how they do it.

2. The event location is the Brentwood Community Center both A & a rooms that hosted over 70 businesses before. Each member of our event will have to get pre-approval of their booth and what they plan on doing during the event, For example, food or beverages that will be handed out must follow 8uidelines in place.

3. The entrance to the event will require a check in. There will be NO COSTS to attend.

4. We will have giveaways such as TVs, Airpods, Tablets to create some excitement and appreciate of their attendance.

5. Advertising for this event will be focused on postcards, flyers, banners and digital Facebook ads. The costs of these items will be approximately $5,000-$10,000 that will include print, fees, ad sales and distribution of materials.

6. The Costs per booth will range from $250-$475 per booth depending on the size of booth and if the participant is a member of a Chamber of Commerce or not.

7. We will have routine business highlights throughout the event spot lighting each business with a microphone and quick commercial of what they do. This will be followed up with a digital team who will help promote it via livestream.

8. We will work on obtaining Sponsorships as well that will offset the costs of the giveaways, rental, insurance that is needed for this event
D.3.b
Packet Pg. 200 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) March 24, 2022
City of Brentwood
35 Oak Street
Brentwood, CA 94513
We are writing this letter to request a grant of $10,000 from the City Econc>mic Development Grant Program to Host our 4th Annual East Bay Business Expo in the Brentwood Community Center during the month of May or June in 2023 ln support of the Brentwood Chamber of Commerce Mission to ``To build a healthy business environment, develop strong business leaders, promote business prosperity and a healthy community through information, education, cultural advancement and advocating for local business." The chamber would like to host our 4th Annual East Bay Business Expo for local businesses and our community. Our anticipation of attendance will include:
• Over 75 businesses with booths
• Roughly 500+ attendees
• Multiple chambers coming together for support
• Advertisements and profiles of Local Businesses
• Directory of city services and Businesses
• Adhering to our local CDC guidelines in place
We believe that our community and businesses need this to help to propel support and word of mouth.

Our fantastic engagement and feedback after our first, second and third Expo have been an eye-opening experience and a demand from many to host one again. There has never been a better time to bring our local businesses and community together than there is today. This will support the requirement for ``Economic develcipment with the expl}cit purpose Of business promotion and institutional advertisement for the City of Brentwood." And benefits local businesses, the community, and its partners. It will encourage residents to support local as well as provide information about the area to those who are looking to relocate or start a new business in our community who have limited connections or knowledge of our support.

We Thank You for your continued support of the Brentwood Chamber of Commerce and look forward to your help funding our East Bay Business Expo.

Sincerely,
Brentwood Chamber of Commerce
CC-John D. Lawrence
D.3.b
Packet Pg. 201 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) Brentwood Chamber of Commerce
4th Annual East Bay Business Expo
PROPOSAL: To approve and allocate a $10,000 (Ten Thousand Dollars) grant towards the development and rollout of the 4th Annual East Bay Business Expo, BACKGROUND: During the December 2021, Bfentwood Chamber of Commerce Board Meeting, the board approved the creation of the Expo committee to develop a plan of execution and present a budget for the fourth East Bay Business Expo. As of today, we are anticipating on hosting our 4th Annual East Bay Business EXPO with John Lawrence and a few other Board members running it.

SCOPE:

Audience: Business to Business Businesses from Antioch, Brentwood, Discovery Bay, Oakley, and Pittsburg.

Where: Brentwood community center
Expo Organization: Industry clusters -Government Agencies, Health, Business Services, Financial, Food Court etc,
Expo Participants Receive: One table and two chairs. Expo Sponsorships: Four sponsorship levels ranging from $250 to $1,500. -22 individual sponsorship opportunities.

D.3.b
Packet Pg. 202 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) Expenses
Financial Overview
Expe nses to be spe nt
Communfty center
Pre-Eventvideo
Direct Mail
Social Media
Giveaways
Video During the Event
Printing ( Programs and signage)
Additional Social Media (Attendance)
Table Rentals
Food Permit(s) 4
Drinks
Booth Curtains
Miscellaneous
Total Expenses to be Spent
Tc]tal Expenses
$6,584
$13,880
D.3.b
Packet Pg. 203 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) BUSINESS TAX CERTIFICATE CITY OF BREN`TWOOD
The person, firm or corporation named below is granted this certificate pursuant to the provisions of the City Business Tax Ordinance to engage in, cany on or conduct the business, trade, calling, profession, exhibition or occupation described below. Issuance of certificate is not an endorsement, nor certification of compliance with other ordinances or laws, nor an assurance that the proposed use is in conformance with the city zoning regulations. This certificate is issued without verification that the taxpayer is subject to or exempt from licensing by the State of California.

BUSINESS NAIVIE: BRENT\/VOOD CHAMBER OF COMMERCE
BUSINESS LOCATloN 35 OAK ST BRENl"OOD, CA 94513-1300
BRENTV\/OOD CHAMBER OF COMMERCE
35 OAK ST
BRENTWO0D, CA94513-1300

TO BE POSTED IN A CONSPICUOUS PLACE
BUSINESSCODE: 89
DESCRIPTloN: Membership Association-Non
Profit
Business License Number: 023279
Effective Date: October o1, 2021
Expiration Date: September 30, 2022

NOT TRANSFERABLE
D.3.b
Packet Pg. 204 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) Summa
BREEWooD
HERiT^C[ . \'lslor`. . |ipt.c)RTUNITy
Economic Development Grant Program Application
Fiscal Year 2022-2023
Information
Proposed Project Name:

Amount of Totcr/ fv€nt
La Gran Fiesta
Budget: ; 10,109
Amount of Requested Grant funds: S
Amount Of Revenue, Sponsorships or otherfunding generated bv the Event.. S Sponsoring Organization:

Brentwood Chamber of Commerce
contact person: Raul Aguilar
Mailing Address:

Telephone:
35 Oak street ... Brentwood State/Zip,CA
925-634-3344 Emaj,: [email protected]
I Business License #: 023279 and/or I Non-profit lD #: 68-0021569 Scoring is based on a detailed Proj.ect Narrative, a detailed Budget with supporting documentation and a detailed Marketing Plan.
osed Pro ect Narrative
On a separate page, please answer the following (p/ease be derc]i./ed cir}d conci.se/..

1. Please describe the project/event in detail. Please include purpose of project/event, goals, location, date(s)/times, and other relevant information.

2. How will the project support the City Council's Goals and Strategic Plan or the City's overall Economic Development plan/efforts AND how will the project promote a positive image and/or achieve positive publicity for Brentwood?

3. How will the project encourage or increase shopping and tourist activity in Brentwood?

4. How will the project build goodwill among local businesses and support the overall vibrancy and cohesion of the local business community?

5. How will the project reinforce the image of Brentwood as a high-quality community?

6. How will the proj.ect generate tax revenue, j.obs, and other economic development benefits to the city?

7. Will the project support small business development? If so, how?

8. How will the requested funds be used? How will the project be effectively managed? How will financial issues be handled, such as: managing expenses and revenues, and demonstrating fiscal accountability?
D.3.b
Packet Pg. 205 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23)

9. How does this project minimize the need for City funding and maximize the City's return on investment?

10.Whatcityservices/facilities(if any)wiHberequiredforyourpr+oject?(betailedBusinessplanAND detailed Budget)

12. Is this a first time project/event (new, creative)? lf no, please explain previous experience.

13. Is this project/event Eco-friendly?
Proposed Project Budget
Complete a detailed line-item budget (example below). Please itemize project revenues and expenses. If your total project costs exceed the amount of grant funds requested, list other funding sources for your project.

Official bid estimates and/or supporting documentation, showing how the projected expenses have been determined, must be included with application. Funding wiH not be considered for those line .terns without supporting documentation.
`\.
`\`-: I,,' i+.J
•:.tl';,qElfpi,'£FII',I,`i-...1**,=F*`.#,I,
`,': f a,r; ,-;,, 'j` `,',"I:` •'`,:.`.,: ;+. ,'=, :':*,`':,_€`. i :``, -.`-.` _`-+-`` T``-` /. .. . •,; -+(. ,. ,I,*,i, " \ .I,-:

Salaries (NOTAN ELIGIBLE EXPENSE)
Insert Description
Supplies/Materials/Equipment $950 $922.75
Insert Description arts and decoration
Marketing $2950 $2922.75
Insert Description
Contractual Services (i.e. Consultant Fees) $3776 $3748.75 Insert Description its & cl`alrt,,OJ,appllcatjoi`,ba|Le|peda p`.

Other $2433 $2405.75
Insert Description health permit & Misc
TOTAL $10,109 $10,000
D.3.b
Packet Pg. 206 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) List other funding sources supporting your project.
\ ` `_`-_-_-` ` ` ` . ` `
-\'`!.+.`..`-:r,i:T'c`\`;,`}.'-:ii`-:T'<;1;',,r,:rly.'`:y_{``.'>,:.`!\.'``:,I+.`;), *
ue
`/
.
` I, -,I:.' , rl`J
:,{:`(:,\S`f.J'±':i:t`\`,',\i'.iiL``,I:'`'j,[^.\```±,{Vi':`:,t`:,:Z:`.^Ti``7,?;,":`iJ;/t'\,\:`,.,,',`:'`;i TOTAL
"J.;,,,€,:.yL,.,,.,\',,,`! , -` -. , i, ,F{.. : " f +u, , ' I/ I,- `.,I (`,,.±^+.` '=`,+?^\T<\.'`L''`\`,\/,>\\`l`;t``:`:I;rt,`t`/\:,',\/`:I+t``L`).i`,`?:`{±'.++;v)><`#`t`t,~pr`:.`\:ii,'(~;`l?.:`:,:\.,'{l`''`+i./,\r^':,.`+#y,{`:,.-,®----,,-- '/,E.:i*RT?;:_;5iF!!,.,#.'fJ:S
-,l,r.\¥`,(,-J-/`,,,,,i-`,,,-,^'-ul , -` ,``j3-` ` iJlt,,+`.,'.,,, ,' ,,,"( ,, ', A,?z+,,,1*1
(! i`ri
', .:2'"`;.,.,`.,..:)
*(may include generated revenue above and beyond that needed to operate the project/ event)
Sponsorships (Est) $5,400
Booths (Est) $7,375
$12,775
uired Documentation Checklist
The following items must be submitted with your application:

I Copy of current Brentwood business license certificate or (lf the organization is a non-profit tax-exempt organization (i.e. 501(c)3), then proof of status from the State and Federal determination letter must be submitted
I Proiect Narrative
I Detailed Budget with supporting documentation
I Marketing Plan
I Authorization Letter granting permission from the property owner of where the project will take place, as needed
ACKNolrvLEDGEMENT
I am authorized to submit this application on behalf of the organization I represent. The information provided is true and correct.

I understand that monies received as a result of this application must be used in accordance with the City of Brentwood's Policies and the Economic Development Grant Program Guidelines.

I understand that any variations to the original reciuest fctr funding will need to be addressed to the Economic Development Division.

D.3.b
Packet Pg. 207 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) I understand it is the applicant's responsibility to adhere to all application instructions and requirement, including subml.ssion dates and ti`melines as well as the required and detailed back up information.

I have read and understand the 2022-2023 Economic Development Grant Program application requirements. I understand that a cletajJed_hrdget, including back uD estimates and/or price quotes are reciuired to have funding consider
Signature: Da*e.. 23)}S¢Zbz:~
-,,,<+,.cftc,u.i
lf a non-profit organ.lzat.ion> Applicat'iQn must be s.ngined dy the Board Of Directors President along with the Please note: lf your application is approved and the project proceeds, approval of funding does not, in any way, exclude applicants from having to obtain the appropriate permits, and/or consents or approvals required by the City's Community Development and Finance departments,
D.3.b
Packet Pg. 208 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) La Gran Fiesta
Purpose: To create an environment for businesses in the greater Brentwood to grow and prosper in a diverse community.

La Gran Fiesta Overview:

I Brentwood chamberofcommercewill host ``La Gran Fiesta" a Hispanic Heritage event.

I Place: Brentwoodcitypark
o Secondstandoakstclosure
I Timing: Saturday, September loth 12:00pm-7:00pm
I 22Booths
o Food
I Standard Memberprice-$300
I Standard Non-Memberprice-$450
a Merchandise/Arts/ Info Booths
I Standard Memberprice-$200
I Standard Non-Member-$315
I Participating chambers' members paymember price.

I Restrictions on the numberof businessesfrom the same industry.

I LiveMusic
I Arts and crafts activitiesforfamilies of all ages.

La Gran Fiesta Marketing
I Direct mail pieceto allthe businesses in Brentwood, Oakley, Discovery Bay, Pittsburg, and Antioch
- Email Marketing
I SocialMedia
I MixerAnnouncements
Member Benefits
I An opportunityto conduct business atthe event
I An opportunitytogain visibility from the locals and surroundingcities I Sponsorship opportunities (8)
o Si8na8e
o Raffles
Member Participant Requirements
• Submita LaGran FiestaApplication
I Professional appearance only
I Represent their business with brochures, flyers, etc.

D.3.b
Packet Pg. 209 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) Proposed Project Narrative

1. The Brentwood Chamber of Commerce's goal for 2022 is Diversity and Inclusion, During Hispanic Heritage month which occurs September 15 -October 15 every year. The Board has agreed to host its first Hispanic Heritage Event called "La Gran Fiesta''. On Saturday September loth from 12pm-7pm we plan on inviting Brentwood Locals and nearby cities to I.oin us at City Park on 35 Oak St Downtown.

The objective is to demonstrate the culture, food, music, and art of many Hispanic countries like Colombia, EI Salvador, Puerto Rico, Mexico and many more. According to the most recent Census Brentwood has a population of roughly 24% Hispanic and/or Latino origins. Neighboring cities like Oakley and Antioch have over 31% each which we are looking to bring those locals and other ethnicities to Downtown where they can see the diversity and .`ntroduce them to Latino owned businesses that wi\l have booths the day of the event.

A third of our vendors will be displaying food and desserts from different countries, Handmade arts and crafts will be offered by vendors as well. Chamber members and local nonprofits will have informational booths to showcase their impact in the community.

We will be requesting to close Oak Street from Third St to Second St where our food vendors will be located, other vendors will be scattered in the perimeter of the park.

2. This project will bring many attendees downtown on top of the huge crowds that the Farmers market brings every Saturday, we can coordinate how we can get downtown businesses involved and help with additional foot traffic and exposure to their place of business.

Working with the city can bring a huge benefit since on a day-to-day basis they are working to uplift and promote a positive image to our Hispanic community here in town.

3. Local Vendors will have the opportunity to participate and display their brands and provide their goods and services. With a huge turnout that we are expecting to receive the chamber will bring them visibility and profitability. Not just the day of the event but in the future as well.

4. Brentwood residence and businesses have shown vibrancy by the energy that can be felt on any given day. The city can show cohesion or unity with surrounding cities off the Delta by celebrating and welcoming different cultures. Many of East County drive long distances to see similar Hispanic celebrations in cities like Concord, Vallejo, Berkeley, and not to mention Huge cities like SF, Oakland, or San Jose.

D.3.b
Packet Pg. 210 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23)

5. Being a huge event taking place their will be many moving parts leading up to the day.

Many businesses have shown interest in getting involved and reinforcing what local nonprofits in town demonstrate "People Helping People". 6, Event attendees will be I.ntroduced to local businesses where they can buy their goods and service to generate income to the owners and local tax revenue. With many organizations and corporations in need of workers they can seek employees or volunteers the day of.

7. The focus of this event is to bring visibility and profitability to small business owners in town.

8. The funds will be used heavily on advertisements to get residence from the east county areas to city park and learn of the Hispanic cultures. Funds will also be used for live performances and music to engage the crowd. Being a family event there will be a designated area in the park for children of all ages to engage in Art projects. Funds will be managed effectively by the leadership of the Chamber of Commerce which host many events each year to enhance and grow small business in the Brentwood Area.

Meeting on a monthly occurrence with CF0 and President of the Chamber to stay in budget and accountability.

9. The event will get Sponsorships and maximize the number of Booths, Budget proposal has been attached.

10. Event will be in Brentwood's City Park which we are working closely with Brentwood Park and Rec Department to meet all criteria needs. Also working with the city to have city workers block off Oak St.

11. Our event committee is working closely with Chamber Members that specialize in media and marketing tactics. Some members that we have partnered up are Brentwood Press and Publishing,110 Magazine, Y Media (Grapevine), Little Owl Design, and Brentwood Reprographics (Printing).

Some of the services provided but not limited too are Advertisements on monthly publications, Article with descriptions of the event, Logo Design, Direct Mailers, Social media advertisements.

12. Yes, First time proj.ect with the Chamber.

13. Yes, the chamber will request all vendors use Eco-friendly utensils like straws, silverware, plates, napkins, and cups.

D.3.b
Packet Pg. 211 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) Final 2022 La Gran Fiesta Bud
Expenses

1.Advertisements

2.Logo Design

3.Health Permits

4.Tables and Seating Rentals

5.Dj

6.City Event Application

7.Ballet Folkorico

8.Banners, Posters, and Printing

9.Decorations

10.Porta Potty's

11.Arts

12.Miscellaneous

1. $2,350

2. ;250

3. $1'683

4. $305

5. $2,350

6. $53

7. $350

8. $350

9. $300

10. $718

11. $650

12. $750
Total Expenses = $10,109
D.3.b
Packet Pg. 212 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23)

BUSINESS TAX CERTIFICATE CITY OF BRENTWOOD
The person, firm or corporation named below is granted this certificate pursuant to the provisions of the City Business Tax Ordinance to engage in, carry on or conduct the business, trade, calling, profession, exhibition or occupation described below. Issuance of certificate is not an endorsement, nor certification of compliance with other ordinances or laws, nor an assurance that the proposed use is in conformance with the city zoning regulations. This certificate is issued without verification that the taxpayer is subject to or exempt from licensing by the State of California.

BUSINESS NAME: BRENT\/\/00D CHAMBER OF COMMERCE
BUSINESS LOCATloN 35 OAK ST BRENIWO0D, CA94513-1300

BRENTWOOD CHAMBER OF COMMERCE
35 OAK ST
BRENTWOOD, CA94513-1300

NOT TRANSFERABLE
D.3.b
Packet Pg. 213 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) Summa
BRREWooD
liER!T^Gt . \'lilor`. . l`l+PORTUNITV
Economic Development Grant Program Application
Fiscal Year 2022-2023
Inforrmtion
Proposed Project Name:

AmoiJnt Of Total Event
The Bite Of Brentwood
Budget: S 10,850
Amount of flequested Grant funds: S 10,000
Amount Of Revenue, Sponsorships or otherfunding generated bv the Event.. S Sponsoring Organization:

Contact Person:

Brentwood Chamber of Commerce
Julie Deck
Mailing Address:

Telephone:
35 Oak street ,.1 _ Brentwood State/Zip: 94513
925-634-3344 Emaj,: [email protected]
I Business License #: 023279 and/or I Non-profit lD #: 68-0021569 Scoring is based on a detailed Proj.ect Narrative, a detailed Budget with supporting documentation and a detailed Marketing Plan.
osed Pro ect Narrative
On a separate page, please answer the following (p/ease be detc7/./ed and conc/.se/..

1. Please describe the project/event in detail. please include purpose of project/event, goals, location, date(s)/times, and other relevant information.

2. How will the project support the City Council's Goals and Strategic Plan or the City's overall Economic Development Plan/efforts AND how will the project promote a positive image and/or achieve positive publicity for Brentwood?

3. How will the project encourage or increase shopping and tourist activity in Brentwood?

4. How will the project build goodwill among local businesses and support the overall vibrancy and cohesion of the local business community?

5. How will the project reinforce the image c)f Brentwood as a high-quality community?

6. How will the project generate tax revenue, jobs, and other economic development benefits to the city?

7. Will the proj.ect support small business development? If so, how?

8. How will the requested funds be used? How will the project be effectively managed? How will financial issues be handled, such as: managing expenses and revenues, and demonstrating fiscal accountability?
D.3.b
Packet Pg. 214 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23)

9. How does this project minimize the need for City funding and maximize the City's return on investment?

10. What City services/facilities (if any) will be required for your project? (Detailed Business Plan AND detailed Budget)

11. How will the proj.ect be marketed and advertised? Please be as specific as possible including targeted media and any partnerships or collaborative marketing related to your project (Marketing Plan)?

12. Is this a first time project/event (new, creative)? lf no, please explain previous experience.

13. Is this project/event Eco-friendly?
Proposed Proi ect Budget
Complete a detailed line-item budget (example below). Please itemize project revenues and expenses. If your total project costs exceed the amount of grant funds requested, list other funding sources for your proj.ect.

D
`./`,/ `,, ,|Jt:/1` `;'``,.``^.;\`/. 7`(,:„:'``{'{|\,,,( \ `,,` `/'/.I I,\:'i:`\\ii,`.'f:. J';J','Z\`,``` ``1'¥,,``+Jz`` ;{,'`,:\i;.I i _ '\``}'`;`';`.,/I !\,'\',``,` /:.;..si,ill, r`- / ; .-., - ¥ , ``=`:;i,,.yc',-I,.`,
-`-_ __ + -I
``{''', `>',``: i.,`.`;. :/'tiv _^\ `-T`. I.1,`.i5`,^`. A.', -.``.` ,h `,'`;`'':r``.Li .,_,`r )., `, '-1,//+ ``1- •:'i:.', :: ,; ;' ;;:,,::;'r .`.+(I ``,;,1`,:, I,,` ;,;: ,;::'J.", :, .,?..,,,,`:A,,,,,1i`,,,.,.```,5,1,,,i",?:,,i.<:,.,;`,;v?,,\`:\,J,.. .,-i-'=.i:i:i,)±#,`',,X..,`':+,`. , ;i '` ( i,`" ``:`.IllA``,I,I,:;I',=,tS,,,.,-,,-i,I-I.I,,`,,-,iJ
Salaries (NOTAN ELIGIBLE EXPENSE)
Insert Description
Supplies/Materials/Equipment 2200 1775
Insert Description Deccir,Gifts and Supplles
Marketing 8650 8225
Insert Description Marketing,Printing
Contractual Services (i.e. Consultant Fees)
Insert Description
Other
Insert Description
TOTAL $10,850 $10,000
D.3.b
Packet Pg. 215 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) List other funding sources supporting your project.
til A,.,' I, . ,`\`
` ;.,+ ^, ,.,,,,,` .r`,, ~,`,,.,..( ,.,+,-..,,`3.' .,--,) ,,",l^-y,.J( ,`,-,r,-. ,I: ..-`T `,I-,: /`.. ,,,,.`,,`.' ^ `.( . i`_ c.' `. :'-I `'^'± ` I ,; /`\ I ` I y' ,)r' I I,'/ `\, '^." I.\,':-\.;'-; rfL'> `r``i ; , ./.:`',\, ` . : ._-_-`_ ':,`` `'`,.,`J)i(-I.i,```.:, ..'-J.:V.',.,I`1-`I:fT.'-'`:rf,`(.,Ir:;,'J'.I.,',,I€;` li:::";`'„,.~>:`=`_.(-.```q`:`-;,'.,`:`` /-;`,¥`v ``rl,':r'-...,'', \=.-I `;L'`'`^|``V`. :``',I :-'¥t`::`t!` I ,`'J-,,I, (` ,rt ,``\ ,A-..\,=; tt {>", ,-,`/,,'I',,-,}...,C-,`}^-,-:` `,.I-.,J .`',,--, =^, ,t,,, `,1`-, TOTAL
*=````+:\`};({L'r,:tt},'` '?J`. '`i-\`:I '' `'`^/.c`L``'; 'i'r/`'.4, +r< ,".\^?},,A ````` :`, } `. /. `` -\`I.I , ,`,.,` `"`.\,) ` t I,.`v,, \,-L r,I--I 1-',, ,,-11, I,, I-,{,`,, ' 'j A
•+.`,,j,,,i.,',I,.-,,`'`(A,,,,t,,,,i,,<(,+'{,.,;I..`,.I-:,-,,;,,,:;;:,,.:,,:.,,;,,,,:,\(:;`,:\,,::;-ilv,t,\,::,`1,;,.:-;,;,,,`.:,,.:L;,:\`i,,'`7T,,,=,,1-.,`.`,i-`:..,..`, )
*(may include generated revenue above and beyond that needed to operate the project/ event)
Tickets (Est) $8,250
Sponsorshi.ps (Est) $5,000
$13,250
Required Documentation Checklist
The following items must be submitted with your application:

E copy of current Brentwood business license certificate or (lf the organization is a non-profit tax-exempt organization (i.e. 501(c)3), then proof of status from the State and Federal determination letter must be submitted
Narrative
I Detailed B±±±ge! with supporting documentation
I Marketi.ng Plan
I Authorization Letter granting permission from the property owner of where the project will take place, as needed
ACKNolrvLEDGEMENT
I am authorized to submit this application on behalf of the organization I represent. The information provided is true and correct.

I understand that monies received as a result of this application must be used in accordance with the City of Brentwood's Policies and the Economic Development Grant Program Guidelines.

I understand that any variations to the original request for funding will need to be addressed to the Economic Development Division.

D.3.b
Packet Pg. 216 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) I understand it is the applicant's responsibility to adhere to all appll`cation I.nstructions and requirement, including submission dates and tl.melines as well as the required and detal.led back up informatl.on.

I have read and understand the 2022-2023 Economic Development Grant Program application requirements. I understand that a detaile.d budget, i_n€luding back up estimates and/or price c|u_a_te± are required to have funding consider#grr`€|r`Pur#de7 -.----f' ./
.

Signature:

Print Name':~~
lf a non- rofit or anization
Executive Director.

Ddt.e.. 3Jl}\Tkz±
Title. I .-,, ` .,.-i.:._=|
Application must be signed by the Board of Directors President along with the Date: 2>.LI-LC)L\
Title: n{\r€Ltr
Please note: lf your application is approved and the project proceeds, approval of funding does not, in any way, exclude applicants from having to obtain the appropriate permits, and/or consents or approvals required by the City's Community Development and Finance departments,
D.3.b
Packet Pg. 217 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23)

NARRATIVE REPORT

1. The Bite of Brentwood (an event offered by the Brentwood Chamber of Commerce) will be taking place on June 25, 2022. It is an opportunity for Bars and Restaurants of Brentwood introduce their place of business to the Brentwood community and beyond.

The Bite of Brentwood also allows attendees to get an introduction to the wonderful and diverse food and beverage places located in the City of Brentwood. a. Three busses will take participants to three different locations in the City of Brentwood. The first stop and check in area is at the Gty Hall/Parks and Recreation Center. The three locations are The Streets of Brentwood, a stop or two on Balfour Blvd. and the third location .Is downtown. b. Attendees get a taste of food and beverages at each location. c. Attendees get a `'goodie" bag to collect special items at each restaurant/bar that participates, These are provided by sponsoring businesses or by the Chamber.
d. Gift cards to the participating restaurants/bars will be given out as Raffle prizes.
e, Event hours are from 1 p.in, to 5 p.in. so that the lunch and dinner hour business for participating restaurants and bars will not be interrupted. f. The Bite of Brentwood committee is working closely with the Downtown Coalition and the Streets of Brentwood to make this event a success.

2. The Bite of Brentwood invites attendees to get to know what food and beverage opt.Ions that are offered .in the C.ity of Brentwood.

3. Restaurants and Bars that participate have an opportunity to introduce their place of business and attract new customers.

4. The Bite of Brentwood offers sponsorships to other business to help promote their business by providing raffle prizes and sponsored "goodies" for the attendee's bags of goodies.

5. The Press,110 Magazine and the Grapevine will all have advertising opportunities.

6. Social Media will be used to promote the Bite of Brentwood and the participating restaurants and bars.

7. We hope to make this a yearly reoccurring event.

8. All City and County regulations and restrictions will be followed, especially those concerning Covid 19.

9. The Bite of Brentwood will hopefully bring 100 to 150 attendees to the City Center and g.ive them fun way to get to know the part.Ic.ipat.ing restaurants and bars .in the C.ity of Brentwood.

10. The ultimate goal is to give the Restaurants and Bars of Brentwood some exposure, introduce them to new customers and have the attendee's return to visit these restaurants and bars again and again.

D.3.b
Packet Pg. 218 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) 2022 Brentwood Chamber of Commerce Expenses
Expenses
Catering $0
Computer $0
Decor $200
Entertainment !0
Gifts $500
Marketing $3,500
Printing $5,150
Permits/Licenses SO
Rentals SO
Venue Rental SO
Supplies $1,500
Staffing SO
SO
SO
Total Expenses ;10,850
D.3.b
Packet Pg. 219 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) BUSINESS TAX CERTIFICATE CITY OF BREN`TWOOD
Ordinance to engage in,
i:iFnrgso:nemg:ui#:r:=th!:=£:rt#:c:osisi!,;:i#:#:p#i;:n:ish:ax,h:,hE!t!o:n#:or,e:rn:au:p:a:t,i:i,c,g.et!;:i:mpp?,:,!o:wiekss:e:,is:i?;;;:o:E|:fi:?:eg[s#,;nhit,:3; The person, firm or corporation named below is granted triis certificate pursuant to the provisions of the City Business Tax BuSINESS LocAT|oN :5R::::::ECNH;M:::,°tFAC9:5M]:.E4::oE BUSINESS NAME:

BREN"OODCHAMBEROFCOMMERCEl
35 OAK ST I
BRENTW00D, CA94513-1300 I
I

TO BE POSTED IN A CONSPICUOUS PLACE
BUSINESSCODE: 89 I
DESCRIPTION: ¥reoTtbers|IP AsSoclatlon-Non
Business License Number 023279
Effective Date: October 01, 2021
Expiration Date: Septem er 30, 2022

NOT TIIANSFERABLE
D.3.b
Packet Pg. 220 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) Summa
.TDrmE+.+\+.++,iBREREWooD
HER{T^Gt . \'lilot`' . |\PPC)RTUNITY
Economic Development Grant Program Application
Fiscal Year 2022-2023
Information
Proposed Project Name:

Amount of Totci/ Event
Gift Card Marketing Campaign
Budget: S
Amount of Requested Grant funds: S
Amount Of Revenue, Sponsorships or otherfunding generated bv the Event., S Sponsoring Organization:

Contact Person:

Brentwood Chamber of Commerce
Denise Duran
Mailing Address:

Telephone:
35 Oak street ~.. _ Brentwood CAI94513
State/Zip:
925-634-3344 EmaH: [email protected]
I Business License #: 023279 and/or I Non-profit lD #: 68-0021569 Scoring is based on a detailed Project Narrative, a detailed Budget with supporting documentation and a detailed Marketing plan.
osed Pro ect Narrative
On a separate page, please answer the following (p/ease be defo/./ed and conc/.se/..

1. Please describe the project/event in detail. Please include purpose of project/event, goals, location, date(s)/times, and other relevant information.

3. How will the project encourage or increase shopping and tourist activity in Brentwood?

4. How will the project build goodwill among local businesses and support the overall vibrancy and cohesion of the local business community?

5. How will the project reinforce the image. of Brentwood as a high-quality community?

6. How will the proj.ect generate tax revenue, jobs, and other economic development benefits to the city?

7. Will the project support small business development? If so, how?

8. How will the requested funds be used? How will the project be effectively managed? How will financial issues be handled, such as: managing expenses and revenues, and demonstrating fiscal accountability?
D.3.b
Packet Pg. 221 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23)

9. How does this proj.ect minimize the need for City funding and maximize the City's return on investment?

10. What City services/facilities (if any) will be required for your project? (Detailed Business Plan AND detailed Budget)
11, How will the project be marketed and advertised? Please be as specific as possible including targeted media ancl any partnerships or collaborative marketing related to your project (Marketing Plan)?

12. Is this a first time project/event (new, creative)? If no, please explain previous experience.

13. Is this project/event Eco-friendly?
Proposed Proi ect Budget
Complete a detailed line-item budget (example below). please itemize proj.ect revenues and expenses. If your total project costs exceed the amount of grant funds requested, list other funding sources for your project. :i::iaJi::dd,e;tiT,atbees,::#erds#tpho#c:#.unT:un:::|ogn,w:,ion::ngehco.wnsi::,ep:oj:;cttehdoseex:::si:i::v;i,i:eu:
supporting documentation.
-
~
I 8a a a
• a - -a
`':.'J :,1+,I,•I-),:'.Ii:,:_,
Salaries (NOTAN ELIGIBLE EXPENSE)
Insert Description
Supplies/Materials/Equipment 5000 5000
Insert Description $25 Bonus Card
Marketing $2k $25
Insert Description
Contractual Services (i.e. Consultant Fees)
Insert Description
Other
Insert Description
TOTAL $7000 $7000
D.3.b
Packet Pg. 222 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) List other funding sources supporting your project.
`-,\`
)_ -'..,--\.
\1
` `,+ `J ,,-rf
Promoting & Marketing the Gift Card Marketing Campaign with the City of Brentwood's ln Kind Economic Development Department
I -i.,'-.11-,,i.` `.,',-.,..(. 'l,.J,` I ., J,-,J"|; .i`, , , „ , ..--,,,, `J/i, ' (< ---, ,-r~,` ,, I -(J ,,r ` ,,`, \/.J' , (+,-,,-.`i,:,':t//,,-,`;-``,.:„,-,`,,-;i,`,.``:-.'.,,,,,<,I,'\-,,,-,`',-:--.,.-''?-1.,`,(, •\\-, i:`,.<,-\l :I,i,!'r.; I :``. ' ;I.`'-v:i-: -,`-.` i: `,..Tr' -,`r"`` ,+,`,,,,t,, ,,=, ,Jt ':;,t`,. I,I;`-.,, , , Cr. A , .,-i,'1 ,,`t= ,1,->Jy, ,-,, i. -,,,-i,,,,),-`,, ./,?,.- ,,-,, 1, ;,,. , :
•:`-`r`.,-:(:-.,,`..;:-,:::`)-:,-,,,,,\`-`=+.,i,,J*.`,.-:`:<.:,_i.i:,,-,(,I:/I-,i:(..,.,,. ',:„2F`.;,.i!:\`,:;,\^`,,`.,`'`3T^,:`;::``:``i;`3``_,``u,.:`.I,:,-`.tiei``i{\si;,\:+``:_..`,``*:_i.\s``_\^``i`:\`±#_S:_¥_'¥._S±t±±±:_H22i*±±±±±±±x.±s±±±an±±=:=±:B±±s±±s:::::±±:±i:::ls±±:::±ri:±±i±±:ii:i::c=±if±±2:i:i:±±=a=:± *(may include generated revenue above and beyond that needed to operate the project/ event)
Required Documentation Checklist
The following items must be submitted with your application:

I Copy of current Brentwood business license certificate or (lf the organization is a non-profit tax-exempt organization (i.e. 501(c)3), then proof of status from the State and Federal determination letter must be submitted
I Proiect Narrative
H Detailed B±±dg£! with supporting documentation
I Marketl.ng Plan
I Authorization Letter granting permission from the property owner of where the project will take place, as needed
ACKNoi^rLEDGEMENT
I am authorized to submit this application on behalf of the organization I represent. The information provided is true and correct.

I understand that monies received as a result of this application must be used in accordance with the City of Brentwood's Policies and the Economic Development Grant Program Guidelines.

I understand that any variations to the original request for funding will need to be addressed to the Economic Development Division.

D.3.b
Packet Pg. 223 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) I understand it is the applicant's responsibl.lity to adhere to all appll.cati.on instructions and requirement, including submission dates and tl.melines as well as the required and detailed back up I.nformation.

I have read and understand the 2022-2023 Economic Development Grant Program application requirements. I lf a non- rofit or anization
Executive Director.

Signature: Deal4e I)cuae
Application must be signed by the Board of Directors President along with the Date: March25,2o22
Print Name:

Denise Duran
Title:

Board of Director,
Brentwood Chain
Please note: If your application js approved and the project proceeds, approval of funding does not, in any way, exclude applicants from having tcl obtain the appropriate permits, and/or consents or approvals required by the City's Community Development and Finance departments.

D.3.b
Packet Pg. 224 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) March 25, 2022
City of Brentwood
150 City Park Way Brentwctod, CA 94513
Re: Gift Card Marketing Campaign
Attn: Economic Development Department
Thank you for the opportunity to include the Yiftee Program's E-gift card and the E-bonus card Buy One/Get One program for the 2022-23 fiscal year.

This program provides an opportunity to connect local businesses with residents both within Brentwood and beyond to purchase electronic gift cards that can be redeemed at participating businesses.

Below please find my research based on the information requested.

D.3.b
Packet Pg. 225 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) The above chart includes how many non-expiring E-gift cards were purchased as well as the E-bonus cards that were offered during a limited time offer of Spend $50 and receive an extra $25 from the City of Brentwood and Brentwood Chamber of Commerce. As this program is le§§ than a year old, we are still in the process of building momentum.

The E-Gift Cards are offered in denominations of five, twenty-five, fifty, and custom dollar amounts. The funds are powered by Mastercard for both types of E-cards. Once purchased the recipient would receive an email which included an image that a retailer could use to enter into their point-of-sale System.

The Brentwood Chamber has had two campaigns for the Bonus E-gift cards to be received and redeemed. The first roll-out was in June of 2021 and the expiration was August 31, 2021. The second promotion was from October 21, 2021 and expired on February 14, 2022. \/\/e are preparing for a final promotion to begin this spring in preparation for Mother's Day and graduations.

From nearly 60 twenty-five dollar bonus cards sent during the campaigns, only 13 expired. Ironically, two of which were my own! Should a Bonus E-gift card expire, the unused monies are deposited back into our account's balance.

With regard to units per transaction, the Chamber elected to limit the E-Bonus Cards to two per purchaser. This was managed byYiftee and was connected to the purchaser's email address. There were several people who dl.d utilize the prctgram by spending $100 on E-Gift Cards and receiving fifty-dollars in Ebonus cards.

Additional information or insights l'd like to share with the City's Economic Development Department and the City Council; on behalf of the Chamber of Commerce, we are appreciative and grateful for the opportunity to explore this program. The support from Joshua Ewen has been instrumental in providing communication, facilitating relationships and developing social media D.3.b
Packet Pg. 226 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) opportunities to collaborate with Weblative with the intention of bringing this program forward throughout Brentwood's community.

In reviewing this program over the past 9-months areas that worked well, worked really well. Forthose retail businesses that saw the value in providing their customers an additional means of supporting local definitely saw their fair share of Yiftee cards. Digger's Diner, Sip & Scoop, Gursky Rand, Starry Nite Studio, Matt's Computer Service, Alluv Place, to name a few of the participating businesses, reflect not only the direction of consumers who wanted to utilize their E-cards, it also shows the variety of retailers this program attracts. This program also included a message to let recipients know their BOGO was through a grant from the City of Brentwood and their Chamber of Commerce.

Again, promoting that Brentwood is a great place for both retailers and residents.

There have also been learning curves and opportunities for growth. For example, one of the most successful participating businesses, Brentwood Craft Beer & Cider, had to bow out of the program due to challenges of their patrons not fully understanding how the card works, and their staff having to navigate uncomfortable or frustrated customers. This is an area we are looking at how this can be improved. In addition, there are times when gift card holders couldn't find their gift cards and getting through to Yiftee Support did not fit within the time frame of the transaction.
ln addition, the need to promote this program to create the necessary 'know, like, trust' model would benefit from a dedicated employee. While the Chamber can and desires to continue building on what has been created, as Council and City departments are aware of is that the Chamber's working staff are all volunteers who are managing their own businesses alongside building businesses in Brentwood.

We are pleased to see that businesses are continuing to sign up for the program and that the Chamber has confidence that this program can become a popular program for retailers to align with one another in the desire to shop local. The spend $50 and get $25 EXTRA bonus dollars to spend continues to be a seasonal program that has the opportunity to create and generate D.3.b
Packet Pg. 227 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) excitement to take advantage of a buy one get one (BOGO) promotion. A few ways we can build on our foundation include increasing social media advertising with a consistent schedule. Another area we are exploring includes reaching outto businesses in Brentwood, while perhaps may not be a viable participating member due to their industry, can become sponsors of the BOGO in an effort to market their organization.

In closing, we would recommend that the City of Brentwooc] can still communicate their commitment to shop local and keep the BOGO program.

The Chamber of Commerce has confidence that with a reduced grant, together, we can deepen and enhance the relationships throughout our city by getting to know, like, and trust wherever one does their purchasing in Brentwood, they can use E-Cards and a Bonus E-Cards to maximize their shopping experience where they live.

Respectfully,
Denise Duran, Board Member
Brentwood Chamber of Commerce
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Packet Pg. 228 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) BUSINESS TAX CERTIFICATE CI`TY OF BRENTWOOD
The person, firm or corporation named below is granted this certificate pursuant to the provisions of the City Business Tax Ordinance to engage in, carry on or conduct the business, trade, calling, profession, exhibition or occupation described below. Issuance of certificate is not an endorsement, nor certification of compliance with other ordinances or laws, nor an assurance that the proposed use is in conformance with the city zoning regulations. This certificate is issued without verification that the taxpayer is subject to or exempt from licensing by the State of California.

BUSINESS NAME: BRENTWOOD CHAMBER OF COMMERCE
BUSINESS LOCATloN 35 OAK ST BRENIW00D, CA 94513-1300
BRENll/VOOD CHAMBER OF COMMERCE
35 OAK ST
BRENll/VOOD, CA94513-1300

TO BE POSTED IN A CONSPICUOUS PLJLCE
BUSINESSCODE: 89
DESCRIPTloN: Membership Association -Non
Profit
Business License Number: 023279
Effective Date: October o1, 2021
Expiration Date: September 30, 2022

NOT TIIANSFERABLE
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Packet Pg. 283 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) Delta Quilters Guild Quilt Show
Proposed Project Narrative

1. Please describe the project/event in detail. Please include purpose of project/event, goals, location, date(s)/ties and other relevant information.

The Delta Quilters Guild will host its annual Quilt Show on Saturday, August 20, 2022 (10:00am5:00pm) and Sunday, August 21, 2022 (10:00am – 4:00pm) at the Brentwood Community Center.

Featuring over 125 handmade quilts by members, welcoming 15-20 vendors from surrounding areas, and connecting directly with the Brentwood Farmer’s Market and downtown businesses, this quality event truly supports the goal of enriching lives and maximizing Brentwood’s high quality of life.

The purpose and goals of the annual quilt show are twofold:
• To fulfill the tenets of the mission statement of the Delta Quilters Guild Delta Quilters will perpetuate the art and beauty of quilting, encourage members to share expertise, share history and beauty of quilting, and support community by donating to charitable groups
• To raise funds to support the ongoing donation of handmade quilted items to local charitable groups in recognition of their positive impact on our community to make it a better place in which to live.

Delta Quilters donate handmade quilts to local Veterans who have served our country, to women and children of Shepherd’s Gate as they graduate to independent living, to children in foster care, and infants in Neonatal Intensive Care Units of SutterDelta and Contra Costa Regional Medical Center. They also make pillowcases for foster children to take to Royal Family Kids Camp sponsored by Golden Hills Church, and create fidget quilts for veterans in the Memory Care Unit of the Veteran’s Hospital in Martinez. In addition to these ongoing donations, quilts are donated to families who have lost their homes due to fires or other disaster.

In 2021, Delta Quilters donated over 200 quilts and 100 pillow cases to these worthy causes.

This annual event features not only the beauty and workmanship of quilting, but also invites members of our own community and from beyond into the beautiful Brentwood Community Center, of which our community is rightfully proud. Delta Quilters Guild partners with downtown Brentwood merchants to expand attendees’ experience beyond the quilt show itself and to ‘Experience Brentwood’. All advertisement about the quilt show includes invitation to enjoy the Farmer’s Market prior to the show (We even offer to refrigerate their purchases while they enjoy the show!) Arrangements are made with many local downtown businesses to offer discounts and specials to those attending the show. A special wristband is given to each person as they D.3.b
Packet Pg. 284 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) enter the show that is recognizable by the downtown merchants and encourages them to enjoy lunch and shopping downtown. A colorful program is given to each attendee and includes a map of participating merchants and advertisement for those who opt to place an ad.

2.) How will the project support the City Council’s Goals and Strategic Plan or the City’s overall Economic Development Plan/efforts AND how will the project promote a positive image and/or achieve positive publicity for Brentwood?
Downtown Brentwood offers a welcoming blend of historic charm with modern facility. Yet some members of our own community do not frequent the downtown area due to busy life schedules or proximity to other business and restaurant areas. The Brentwood Community Center, with multiple spaces and open design is the perfect backdrop for our quilt show and is admired by attendees from our own community as well as attendees from outside Brentwood. By the same token, the colorful and textured quilts enhance the light and airy spaces of the center. Delta Quilters are committed to creating a show of high quality and continually improving the quilt show to engage visitors so they return year after year. A high-quality quilt show in this beautiful environment promotes a positive experience and thus positive image of Brentwood. Delta Quilters Guild brings the component of fiber arts to expand other cultural arts within the City of Brentwood.

The Delta Quilters Guild includes members from Discovery Bay to Martinez and all communities in between. The membership has had positive experience participating and interacting with the staff at the Brentwood Community Center, which creates a positive image. Our guild is part of a larger network of quilting guilds from throughout Northern California and has well-established reciprocal relationships with guilds from as far north as Grass Valley, west to Danville, south to Amador Valley, and east to Arnold. Members from guilds from afar attend the quilt show and they all note that the quality of the show, as well as the connection with downtown Brentwood, are important factors in their decision to attend this quilt show over others. This brings visitors from outside the Brentwood community into downtown to enjoy the quality of life here.

A wide range of family-oriented activities are a vital component of Brentwood’s Strategic Plan.

The quilt show itself is of interest to multi-generational visitors, but the show has also led to extended interest in sewing for younger family members. Responding to this interest, members of the Delta Quilters Guild donate time and expertise to the sewing programs at the Brentwood Library and offer a demonstration of hand-quilting at the Opening Day of the East Contra Costa Historical Society.

In addition to beautiful quilts, the quilt show hosts 15-20 vendors from outside the Brentwood community, a number of whom have expressed that this show is one of their best in terms of business. This establishes a positive image of the Brentwood community and the support for business that may lead to any one of these vendors to consider establishing a business in Brentwood.

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Packet Pg. 285 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23)

3. How will the project encourage or increase shopping and tourist activity in Brentwood? The explicit goal of the partnership established between Delta Quilters Guild and Downtown Brentwood merchants for the days of the quilt show is to encourage and increase patronage of downtown Brentwood businesses. For many quilt show attendees, this is their first visit to downtown Brentwood and the Delta Quilters partner with businesses so that they will be drawn to the downtown area, browse the shops, and enjoy lunch or dinner. On Saturday mornings, the festive Farmer’s Market draws quilt show attendees. The businesses who place ads in the program are encouraged to offer specials that extend for the month after the quilt show to encourage further business beyond the two days of the show.

4. How will the project build goodwill among local businesses and support the overall vibrancy and cohesion of the local business community?
The approach of partnering with multiple businesses for an event reinforces the concept of strength through building a critical mass of offerings. When attendees see multiple merchants working together, it builds a greater sense of community that Brentwood wishes to see reflected in its downtown events. This partnership of businesses with the Delta Quilters sets the quilt show in Brentwood apart from others where the show happens in isolation. This partnership between the Delta Quilters and the downtown merchants for this event conveys to quilt show visitors a sense of total community cohesion. The Economic Development Grant solidifiesthat partnership and strengthens the message of community cohesion.

5. How will the project reinforce the image of Brentwood as a high-quality community? The Delta Quilters Guild Quilt Show is a high-quality event that draws attendees from Brentwood, neighboring communities and from throughout northern California. The caliber of quilts shown, the variety of vendors offering sales, and the attention to detail that sets this show apart from others reinforce the commitment to quality. The fact that the quilt show is in the beautiful Brentwood Community Center reinforces that image of Brentwood as a high-quality community.

Connecting with the Brentwood Farmer’s Market and partnering with downtown businesses enhances the image of Brentwood as a community that cohesively marshals its resources to enhance the quality of recreational and cultural life for all City residents.

6. How will the project generate tax revenue, jobs, and other economic development benefits to the city?
15 to 20 vendors participate in this quilt show and continue to return year after year because of their positive experience at the show, which is created by attendance, the facility, and the responsiveness of the attendees to their product. This is a positive influence on any decision they may make in the future as to business location and participation in other community events.

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Packet Pg. 286 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23)

7. Will the project support small business development? If so, how? There are a number of small businesses that support the art of quilting. Many times these businesses are conducted from homes, such as long-arm quilting and sewing machine repair.

Although these may not appear as storefronts along Main Street, their businesses are registered with the City of Brentwood. One of the goals of the annual quilt show is to perpetuate the art and history of quilting and to stimulate interest and participation in quilting. As quilting continues to grow as a hobby by residents, more and more of these businesses become viable.

8. How will the requested funds be used? How will the project be effectively managed? How will financial issues be handled, such as: managing expenses and revenues, and demonstrating fiscal accountability?
Requested funds will be used to offset the expense of personnel fees for the rental of the Brentwood Community Center, marketing, and program printing, which reinforces the partnership with Downtown Brentwood. This reduction of expenses for the show will increase the funds raised to be used toward donation quilting and fulfillment of the mission of Delta Quilters, which in turn contributes back to the community by donation of handmade quilts to Veterans, foster children, women breaking the cycle of homelessness and abuse, infants in Intensive Care Units, and veterans suffering from dementia and Alzheimers.

The Quilt Show is managed by a committee of twenty committee chairs co-ordinated by two CoChairpersons. A projected budget detailing both income and expenses is developed for each committee area and approved by the Quilt Show Committee before being submitted to the full Board of Directors of the Delta Quilters Guild for approval. All expenditures aligned with the approved budget are allowed by the Co-Chairs before payment or reimbursement. Expenditures requested outside of the projected budget are presented to the full Quilt Show Committee for discussion and vote to amend the approved projected budget. All revenues are deposited through the Treasurer of Delta Quilters Guild, who maintains the overall budget. The Delta Quilters Guild Board includes an Auditor who inspects and checks all monetary transactions of the guild.

A detailed budget for the 2022 Quilt Show is included in this packet.

9. How does this project minimize the need for City funding and maximize the City’s return on investment
The funds requested are directly related to the promotion of the City of Brentwood through marketing expenses which bring Quilt Show attendees into downtown Brentwood and to the printing of the high quality program that enhances the partnership with downtown merchants.

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10. What City services/facilities (if any) will be required for your project? (Detailed Business Plan AND detailed Budget)
No City services are requested as part of this plan other than normal services included in the rental of the Brentwood Community Center. The detailed 2022 budget includes the rental of the Brentwood Community Center and application for Facility Use Fee Waiver offered to documented non-profit organizations. It also includes the expense and the Economic Development Grant application for personnel funds not covered by the Facility Use Fee Waiver.

11. How will the project be marketed and advertised? Please be as specific as possible including targeted media and any partnerships or collaborative marketing related to your project (Marketing Plan)?
Over the course of the past five years, Delta Quilters has systematically expanded the marketing plan for the annual quilt show. Explicit goals to include varied forms of media and to target a wider area of potential attendees through strategic marketing has resulted in increased attendance at the quilt show. Print and digital media have been incorporated to maximize coverage of the event with as minimal a budget as possible. A multi-pronged approach to advertisement has reached a wider audience and has become more targeted in that audience to maximize impact of marketing effort. After fairly flat Quilt Show attendance numbers 2015 through 2017, attendance increased by 48% in 2018 and another 30% above that in 2019, which we attribute largely to this more strategic marketing plan. Our 2021 attendance numbers was similar to those of 2019, which we attribute to the cautious climate of covid pandemic. Our 2022 marketing plan has been further expanded to include a broader range of targeted audience to attain our goal of a 20% increase in attendance over 2021, which would be 1,200 attendees. (2020 Quilt Show was cancelled due to COVID-19 pandemic.) Visual print media of posters and postcards carry a consistent logo to brand the quilt show over multiple years. In a very ‘grassroots’ approach, these are distributed widely throughout the community, through Business Affiliate Members of the Delta Quilters Guild, and through local organizations, businesses, and churches to which our 125 members belong. A detailed plan for placement of large signs and posters includes spaces available in each community to be targeted as well as on personal property outside of city limits that are highly visible at all entrances to Brentwood and in neighboring communities of Discovery Bay, Oakley, Byron, Antioch.

Beyond this personal distribution of posters and postcards, postcards are distributed through networks of quilt guilds throughout Northern California, including NCQC (Northern California Quilt Council) and the Country Register for California and northern Nevada.

Advertisement of the quilt show is included in Event Calendars of local newspapers and in articles about the community work done by Delta Quilters in The Press distributed in Brentwood, Oakley, Discovery Bay, and Antioch and in the East Bay Times. The 2022 marketing plan expands the area of print advertisement to include newspapers in Tracy, Stockton, Pittsburg, Modesto, Livermore, and Rio Vista. The Quilt Show will be added to Event Calendars of 110o and Grapevine magazines.

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Packet Pg. 288 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) Digital media has become more predominate and concerted effort has been made to expand marketing through as many digital venues as possible. Posting on Facebook and Next Door by members as well as Community eBlasts provide direct connection with a wide audience. The Quilt Show will be listed on digital event calendars including; betterinbrentwood.com, EastCountyToday.net, everythingbrentwood.com, Eventbrite.com, and eventsnearhere.com.

The Delta Quilters Guild website has been updated to include direct links to our Business Affiliate Members and in return, those Affiliate Members are requested to link from their business websites to the Quilt Show page of the Delta Quilters Guild website. Digital networking throughout the larger quilting community will occur on the websites of Northern California Quilt Council and QuiltingHub.com.

Print and electronic media will market the quilt show to a large number of potential attendees, however, personal face-to-face communication about a passion for quilting is also part of the marketing plan for the quilt show. Displaying quilts at community events allows people to interact with members of the Delta Quilters Guild and to connect on a personal level about the show and the art of quilting. Delta Quilters are scheduled to display quilts and market the 2022 quilt show at monthly ArtWalks at Brentwood Farmer’s Market and any other local gatherings in which they have participated in the past that will re-open in summer, 2022 (Opening Day of East Contra Costa Historical Museum, Contra Costa County Fair, Oakley Cityhood Festival, etc) Traveling ‘Trunk Shows’ of quilts and their histories are presented by Delta Quilters Guild members at residential communities and organizations throughout East County. To further encourage members of quilt guilds in surrounding areas, we offer a ‘Buy 3 ~ Get 1 Free for your Driver’ special to guilds in neighboring cities. This was piloted in 2019 and resulted in 28 attendees with these special tickets from Concord, Stockton, and Arnold.

12. Is this a first time project/event (new, creative)? If no, please explain previous experience. 2022 will mark the 29
th year of the annual Quilt Show of Delta Quilters Guild. Held for many years at the Contra Costa County Fairgrounds, it has been held at the Brentwood Community Center for the past 7 years. Although not a new event, there has been renewed energy and creativity into its planning the past 5 years to show more diverse quilting styles, to host increased number of vendors, and to work in partnership with downtown Brentwood merchants.

13. Is this project/event Eco-friendly?
Although being Eco-friendly is not a primary focus of this particular event, there is minimal use of disposable materials. Quilters are by nature eco-friendly in that they use any excess fabric to make projects, recycle smaller pieces by donating to a local pre-school that earns money from fabric that is shredded, and even use any and all scrap material to stuff doggie beds, which are distributed to local HALO project.

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Packet Pg. 293 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) Delta Quilters Guild ~ 2022 Quilt Show
August 20 & 21, 2022 Brentwood Community Center
Proposed Project Budget
Pearl DeCew & Lucy Meis - Chairpersons

LINE ITEM
2020/21
Projected
Expenses
Amount of Grant
Funds Requested
Salaries (NOT AN ELIGIBLE EXPENSE)
Supplies/Materials/Equipment
• Program printing
• Raffle supplies
• Office supplies
• Printing for indoor signs, ballots, etc
$4,756 $500
(program printing)
Marketing
• Poster/Postcard printing
• Outdoor signage
• Newspaper ads
$1,695 $1,000
Contractual Services
• Facility Rental – Brentwood Community Center
$6,960 $2,000
(personnel expenses)
Other
TOTAL $13,411 $3,500
OTHER FUNDING SOURCE(S) SUPPORTING PROJECT Amount
Delta Quilter Guild funds
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Packet Pg. 294 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) 2022 Quilt Show – Project Full Budget

INCOME EXPENSES
City of Brentwood Fee Waiver
Economic Development Grant
$4,868
$2,000
Facility Rental
Community Center Upstairs room
$6,960
General Supplies
Office Supplies
Cash boxes $21 Staples $12
Staplers $87 SignUp Cards $18
$138
Admissions & Ticket Sales
Member tickets
(106 x 4 x $10)
Door traffic
(647x $10)
$10,710 Ticket Printing/Envelopes $80
Desk supplies $40
$120
Marketing
City of Brentwood
Economic Development Grant
$1,000 Postcards $175
Posters 8.5x11 11x17 $170
Banners update /Signs $250
News Ads: BayAreaNews $250
The Press $250 Calendar Boost $25
Mailing Expenses $30
Facebook Ad $25
Barn Block Painting Supplies $260
Printed Block Toppers $260
$1,695
Boutique
Guild Items $1500
Member-Donated Guild Items $524
Indiv Sales to Guild $466
(Total Income $3676 85% to Members
$3210)
$2,490 Office Supplies $377
Display Upgrades/Tagging $111
Guild Item Materials $84
$572
Vendors
21 spaces x $100-$150
Business License Fees
$2,425
$525
Printing, Name Tags, Welcome $46
Vendor Raffle Tickets $13
Business License Fees to City
$59
$525
Layout / Setup & Takedown
New Footings for frames $245 $245
Quilt Entries
Ballot Supplies $317
Awards $61
Check In/Check Out Supplies $132
Vignette Décor $120
$630
Downtown Connections
Wristbands $25
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Packet Pg. 295 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) Program
Program Ads
City of Brentwood
Economic Development Grant
$205
$500
Printing 1,000 color $705
Hospitality
Thursday dinner, coffee, water $125
Welcome Bags – visiting guilds $92
Corsage – Featured Quilter $38
$255
Raffle Baskets
$4,873 Raffle Items $489
Tickets $4 rolls x $15 $60
Supplies: Lamination/Tablecloths $151
$700
Demonstrations
Handout printing $20
Delta Quilters Lobby
Signage (incl below) $100
Décor $74
$74
Ambassadors
White gloves (not purchased 2022)
Signage
Inside Poster Printing $109
Copies/Posters $169
Logo & Emblem lamination for
Outdoor Sandwich Boards $40
$318
Total $29,596 Total $11,515
D.3.b
Packet Pg. 296 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) Delta Quilters Guild ~ 2022 Quilt Show
August 20 & 21, 2022 Brentwood Community Center
Comparative Prices for Marketing Expenses
Marketing Expense PS Print Office Depot
Postcards (2,500) 4”x6” Full color – 2-sided $175 na
Posters (200) 8.5”x11”
(100) 11”x17”
$127
$132
$132
$128
Banners (8) 3’x6’ na $960
Other
D.3.b
Packet Pg. 297 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) Delta Quilters Guild ~ 2022 Quilt Show
August 20 & 21, 2022 Brentwood Community Center
Marketing Plan
Mary Black, Marketing Chairperson
Print Media Action Timeline Person
Responsible
Postcards – 2,500
Double-sided/full color
Quilt Show & Opportunity
Quilt
Order
Distribute to NCQC
Members distribute to local
businesses, organizations,
churches
April 1
April 17
June, July
Mary Black
Lucy Meis
All guild members
Posters
Full color
8½ “ x 11” 11” x 17”
Contact businesses,
organizations to develop list of
locations, contacts, posting
information (size, timeline)
• Brentwood downtown
• Brentwood areas
• Oakley
• Discovery Bay
• Antioch
• Pittsburg
• Martinez
• Clayton
Order Posters
Distribute posters
Collect posters
April, May
June 1
July
(according to
dates requested
by businesses)
August 23
Designated member
per
community/area
Mary Black
Designated member
per
community/area
Designated member
per
community/area
Large Banners/Signs Determine locations to post
according to City regulations,
other locations outside City
limits
Order, create banners, signs
Post banners, signs
Collect banners, signs
April
June
July 15
August 23
Publicity Committee
Lucy Meis
Mary Black
Publicity Committee
Publicity Committee
D.3.b
Packet Pg. 298 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) Newspaper Ads, Articles
• Local & surrounding
communities
Contact newspapers to
determine timelines for article
and ad submission
• The Press
(Brentwood, Oakley,
Discovery Bay, Antioch)
• East Bay Times
• Stockton Record
• Tracy Press
• Modesto Bee
• Rio Vista River News-Herald
• Martinez News – Gazette
Submit articles and ads
April
July
Lucy Meis
Lucy Meis
Ads, Articles
• Quilt-related
publications
Research quilt-related
publications to determine
timelines for article and ad
submission
• The Country Register for
California and Northern
Nevada
Submit articles and ads
March
May 1
(June/July issue)
Lucy Meis
Lucy Meis
Event Calendars Add Quilt Show to event
calendars of all papers above
Add Quilt Show to event
calendars of 110o and
Grapevine magazines
June
June
Lucy Meis
Lucy Meis
D.3.b
Packet Pg. 299 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) Digital Media Action Timeline Person
Responsible
Delta Quilters Guild website Post 2022 Quilt Show
information
Update links to Business
Affiliates
Business Affiliates link to Quilt
Show page
April
May
June
Mary Black
Mary Black
Mary Black
Business Affiliates
Online Event Calendars
• The Press
• BetterinBrentwood.com
• EastCountyToday.net
• EverythingBrentwood.com
• MararoneKid.net
• Eventbrite.com
• Eventsnearhere.com
Add Quilt Show dates to
websites
May Lucy Meis
Facebook, Next Door Post Quilt Show information July All guild members Community eBlasts Post Quilt Show information August
(weekly leading
to show)
Lucy Meis
Quilt Networking Websites
• Northern California Quilt
Council ncqc.org
• Quilting Hub
QuiltingHub.com
Post Quilt Show information July, August Lucy Meis
D.3.b
Packet Pg. 300 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) Face-to-Face Communication Action Timeline Person
Responsible
Community Events
(to be scheduled if events
occur in 2021)
East Contra Costa Historical
Society Opening Day
• Heritage Quilts & Handquilting
demonstration
Contra Costa County Fair
• Quilt display & sewing
demonstration
Farmers’ Market – ArtWalks
Oakley Cityhood Celebration
June
May
March 13
April 10
May 8
June 12
July 10
Aug 14
July
Mary Black
Guild Members
Cathy Hanson
Guild Members
Mary Black
Guild Members
Laurel Toms
Guild Members
Traveling Trunk Shows
Trunk Shows were presented to
listed groups and they have
requested 2020 shows.
(to be scheduled if events
allowed in 2021)
Scheduled dates:
• Summerset Quilters
• Cortona Park
• Brentwood Senior Center
• Pittsburg Senior Center
Contact other community
groups to schedule 5 additional
Trunk Shows for 2021
June, July
May
Julie Bretz
Julie Bretz
Buy 3 ~ Get 1 Free for your
Driver
Members of neighboring guilds can
purchase 4 tickets for the price of 3
to encourage groups to attend
Guild meeting dates:
• Contra Costa Guild (Concord)
• Tuleberg Quilters (Stockton)
• Amador Quilters (Pleasanton)
• Diablo Valley Quilters (Danville)
• Carquinez Guild (Benecia)
• Manteca Quilters (Manteca)
• Tokay Quilters (Lodi)
June,July,Aug Mary Black
D.3.b
Packet Pg. 301 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 302 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 303 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 304 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 305 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 306 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 307 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 308 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 309 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) Economic Development Grant Program Application
Fiscal Year 2022-2023
Summary Information
Proposed Project Name: ______________________________________________________________________ Amount of Total Event Budget: $______________________________ Amount of Requested Grant funds: $___________________________ Amount of Revenue, Sponsorships or other funding generated by the Event: $__________________________ Sponsoring Organization: ____________________________________________________________ Contact Person: __________________________________________________________ Mailing Address: ________________________________________City: ______________ State/Zip: _________ Telephone: _____________________ Email: _____________________________________________________ Business License #: ________________________ and/or Non-profit ID #: _________________________ Scoring is based on a detailed Project Narrative, a detailed Budget with supporting documentation and a detailed Marketing Plan.

Proposed Project Narrative
On a separate page, please answer the following (please be detailed and concise):

1. Please describe the project/event in detail. Please include purpose of project/event, goals, location, date(s)/times, and other relevant information.

3. How will the project encourage or increase shopping and tourist activity in Brentwood?

4. How will the project build goodwill among local businesses and support the overall vibrancy and cohesion of the local business community?

5. How will the project reinforce the image of Brentwood as a high-quality community?

6. How will the project generate tax revenue, jobs, and other economic development benefits to the city?

7. Will the project support small business development? If so, how?

8. How will the requested funds be used? How will the project be effectively managed? How will financial issues be handled, such as: managing expenses and revenues, and demonstrating fiscal accountability?
Brentwood Literary Stroll
7930
7430
1000.00
Friends of the Brentwood Library
Kim Giuliano
1624 Frascati Way Brentwood 94513
(925) 895-7232 [email protected]
94-274705
D.3.b
Packet Pg. 310 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23)

9. How does this project minimize the need for City funding and maximize the City’s return on investment?

10. What City services/facilities (if any) will be required for your project? (Detailed Business Plan AND detailed Budget)

12. Is this a first time project/event (new, creative)? If no, please explain previous experience.

LINE ITEM
2022-2023
Projected
Expenses
Amount of Grant
Funds Requested
Salaries (NOT AN ELIGIBLE EXPENSE)
Insert Description
Supplies/Materials/Equipment
Insert Description
Marketing
Insert Description
Contractual Services (i.e. Consultant Fees)
Insert Description
Other
Insert Description
TOTAL
See
Attached
D.3.b
Packet Pg. 311 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) List other funding sources supporting your project.

OTHER FUNDING SOURCE(S) SUPPORTING PROJECT
(List by Source and Amount Cash and In-Kind) Amount

TOTAL

REVENUE OR SPONSORSHIPS GENERATED BY THE PROJECT THAT

SUPPORT ONGOING OPERATIONS OF THE ORGANIZATION
(List by Source and Amount Cash)
Amount
*(may include generated revenue above and beyond that needed to operate the project/ event)

TOTAL
Required Documentation Checklist
The following items must be submitted with your application:
Copy of current Brentwood business license certificate or (If the organization is a non-profit tax-exempt organization (i.e. 501(c)3), then proof of status from the State and Federal determination letter must be submitted
Project Narrative
Detailed Budget with supporting documentation
Marketing Plan
Authorization Letter granting permission from the property owner of where the project will take place, as needed

ACKNOWLEDGEMENT
I am authorized to submit this application on behalf of the organization I represent. The information provided is true and correct.

I understand that monies received as a result of this application must be used in accordance with the City of Brentwood’s Policies and the Economic Development Grant Program Guidelines.

I understand that any variations to the original request for funding will need to be addressed to the Economic Development Division.

D.3.b
Packet Pg. 312 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 313 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) I understand it is the applicant’s responsibility to adhere to all application instructions and requirement, including submission dates and timelines as well as the required and detailed back up information.

I have read and understand the 2022-2023 Economic Development Grant Program application requirements. I understand that a detailed budget, including back up estimates and/or price quotes are required to have funding considered for each reimbursable item.

Signature: _________________________________________ Date: ___________________________________ Print Name: _______________________________________ Title: ____________________________________ If a non-profit organization, Application must be signed by the Board of Directors President along with the Executive Director.

Signature: _________________________________________ Date: ___________________________________ Print Name: _______________________________________ Title: ____________________________________ Please note: If your application is approved and the project proceeds, approval of funding does not, in any way, exclude applicants from having to obtain the appropriate permits, and/or consents or approvals required by the City’s Community Development and Finance departments.

March 21,2022
Kim Giuliano Corresponding Secretary/Event Chair
March 21,2022
Kathy Mount President
D.3.b
Packet Pg. 314 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) Economic Development Grant Program Application
Program Narrative
Proposed Event:Brentwood Literary Stroll
Event Purpose & Goals: Ǣ
Ǣ
Ǣ

Ǧ Ǣ Ǥ

Ǥ

Ȁ Ǥ

Ǥ

Ǥ
Event Location:ʹ

Ǧ

Ǣ
Ǧ

ͳǤ

Ǥ
ǡ

Ǥ ǡͳͲ

Ǥ
Event and Time:

ͳͶǤǤǯ
Ǥ
ǡ

Ǥ

Ǥ ǡ Ǥ
City Council’s Goals and Strategic Plan;
͵ǣ

ǡ͓ͳ
Ǥ

Ǥ
Ǥ

ǡǤ ǡCity’s Economic Development Planǡ
Ͷ
Ǥ

Ǥ
Brentwood Literary Stroll

Ǥ
D.3.b
Packet Pg. 315 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) ǡǤ
ǡ

Ǥ

Ǥ
Ǥ

Ǥ

Ǥ

Ǥ

Ǧ

Ǥ

Ǥ
reinforce the image of Brentwood as a high quality community.
Ǥ

Ǥ
The event will generate revenue for local businesses and tax revenue for the city.
ǡǤ Small Business DevelopmentǦN/A
Requested fundsǡ ǡ

ǡ

Ǥ

Ǥ

Ǥ

Ǥ

A full marketing planǤ

ȋ

Ȍǡ
ǡǡ

Ǥ
ǡȋȌ

ǡǡ
ǡ

Ǥ
The Brentwood Literary Stroll is a second time event. ǡ D.3.b
Packet Pg. 316 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23)

ǡ

ǯǤ

Eco Friendlyǡ
Ǥ
D.3.b
Packet Pg. 317 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) Brentwood Literary Stroll
Marketing Plan
Calendar Listing sent to local publications, radio stations – 1 month prior Press Releases sent to local publications, radio stations - 1 month prior, 2 weeks prior Social Media announcements on FaceBook (Friends of the Library, Brentwood Library and Contra Costa County Library pages), Nextdoor
Announcements on websites including Friends of the Brentwood Library, Brentwood Library, Chamber of Commerce
Email Blasts to Brentwood Friends of the Library
Outreach to local book clubs in Trilogy, Summerset and others identified Posters and Flyers will be distributed
Downtown businesses
City of Brentwood Library, Community Center, City Hall, Senior Center Paid print ads in Brentwood Press – 3 weeks and 1 week prior Online ads in Brentwood Press – ongoing for the month prior to the event D.3.b
Packet Pg. 318 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) WƌŽƉŽƐĞĚWƌŽũĞĐƚƵĚŐĞƚ
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ǆƉĞŶƐĞƐ ŵŽƵŶƚŽĨ'ƌĂŶƚ&ƵŶĚƐZĞƋƵĞƐƚĞĚ
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ĞƉŽƚ͕ƌĞŶƚǁŽŽĚ
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ĂůůŽŽŶƐ ΨϰϬ͘ϬϬ ΨϰϬ͘ϬϬ
DĂƌŬĞƚŝŶŐ
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^ƚŝĚĞŶĚĨŽƌWĂƌƚŝĐŝĂƚŝŶŐZĞƐƚĂƵƌĂŶƚƐ͕
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dKd> Ψϳ͕ϰϯϬ͘ϬϬ Ψϳ͕ϰϯϬ͘ϬϬ
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D.3.b
Packet Pg. 319 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 320 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 321 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) Economic Development Grant Program Application
Fiscal Year 2022-2023
Summary Information
Proposed Project Name: ______________________________________________________________________ Amount of Total Event Budget: $______________________________ Amount of Requested Grant funds: $___________________________ Amount of Revenue, Sponsorships or other funding generated by the Event: $__________________________ Sponsoring Organization: ____________________________________________________________ Contact Person: __________________________________________________________ Mailing Address: ________________________________________City: ______________ State/Zip: _________ Telephone: _____________________ Email: _____________________________________________________ Business License #: ________________________ and/or Non-profit ID #: _________________________ Scoring is based on a detailed Project Narrative, a detailed Budget with supporting documentation and a detailed Marketing Plan.

Proposed Project Narrative
On a separate page, please answer the following (please be detailed and concise):

1. Please describe the project/event in detail. Please include purpose of project/event, goals, location, date(s)/times, and other relevant information.

3. How will the project encourage or increase shopping and tourist activity in Brentwood?

4. How will the project build goodwill among local businesses and support the overall vibrancy and cohesion of the local business community?

5. How will the project reinforce the image of Brentwood as a high-quality community?

6. How will the project generate tax revenue, jobs, and other economic development benefits to the city?

7. Will the project support small business development? If so, how?

Barry Margesson
2680 Virginia Dr. Brentwood CA 94513
925-250-6826 [email protected]
68-039061
D.3.b
Packet Pg. 322 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23)

9. How does this project minimize the need for City funding and maximize the City’s return on investment?

10. What City services/facilities (if any) will be required for your project? (Detailed Business Plan AND detailed Budget)

12. Is this a first time project/event (new, creative)? If no, please explain previous experience.

LINE ITEM
2022-2023
Projected
Expenses
Amount of Grant
Funds Requested
Salaries (NOT AN ELIGIBLE EXPENSE)
Insert Description
Supplies/Materials/Equipment
Insert Description
Marketing
Insert Description
Contractual Services (i.e. Consultant Fees)
Insert Description
Other
Insert Description
TOTAL See attached See attached
D.3.b
Packet Pg. 323 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) List other funding sources supporting your project.

OTHER FUNDING SOURCE(S) SUPPORTING PROJECT
(List by Source and Amount Cash and In-Kind) Amount

TOTAL

REVENUE OR SPONSORSHIPS GENERATED BY THE PROJECT THAT

SUPPORT ONGOING OPERATIONS OF THE ORGANIZATION
(List by Source and Amount Cash)
Amount
*(may include generated revenue above and beyond that needed to operate the project/ event)

ACKNOWLEDGEMENT
I am authorized to submit this application on behalf of the organization I represent. The information provided is true and correct.

I understand that monies received as a result of this application must be used in accordance with the City of Brentwood’s Policies and the Economic Development Grant Program Guidelines.

I understand that any variations to the original request for funding will need to be addressed to the Economic Development Division.

See attached 13,700
13,700
Event income in excess of expenses- See attached. 5,542 5,542
D.3.b
Packet Pg. 324 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 325 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) John Marsh Historic Trust
2022/2023 Brentwood Economic Development grant application narrative Respectfully submitted by JMHT Board Member Robert
Jones [email protected] (510) 508-0094

1. Please describe the project/event in detail. Please include purpose of project/event, goals, location, date(s)/times, and other relevant information.

Our first Heritage Day was in 2016. After COVID-19 restrictions caused a hiatus last year, we returned in 2021 to build on the success of previous events. With Covid-19 restrictions now being removed we expect our 2022 event to draw a much larger crowd than 2021.

The purpose of Heritage Day is three-fold. 1) To broaden public awareness of the Marsh Creek State Historic Park and build support for getting it open by providing a day of access to some of its features; 2) To provide attendees with an educational experience about the natural and cultural history of the Brentwood area; and 3) To highlight the tremendous value inherent in the park, including not only cultural, historical, and environmental benefits, but also the potential for significant economic development in Brentwood.

It is scheduled for Oct. 15, 2022, and will run from 10 a.m. to 4 p.m. The location is the John Marsh Stone House in the Marsh Creek State Park’s Historic Zone, which is within the City of Brentwood. The Park is located at 21789 Marsh Creek Road, near the intersection of Marsh Creek Road and Vineyard Parkway.

Much of this year’s Heritage Day will be similar to previous events, although we have revised some activities and added others. The primary aspects of the events are:
1) John Marsh and his Stone House – Reenactors portray John Marsh and his wife, Abby, describing Marsh’s life and times in early California. Authentic and replica historical items are on display. Windows and doors of the Stone House will once again be opened for viewing (no interior access). Displays on recent work and future plans will include video and an interactive virtual, 3-D tour of the interior. A video project about the John Marsh history will be discussed using a re-enactor.
2) Trails – with more than 70 miles of trails planned, the park will provide a key addition and link to local trail networks. The City of Brentwood will have completed an extension of the Marsh Creek trail from its’ current terminus at Concord Avenue to Vineyard Parkway at the park boundary.

City personnel will be on hand to discuss this extension. The East Bay Regional Park District is planning and seeking funding for an extension to Round Valley from Vineyard Parkway. EBRPD will be on hand to describe the project and collect public comment on the effort. 3) Restoration of the old bridge and nearby creek bank. - State parks will provide an update on this project.
4) Bay Miwok/Native Americans – State Parks has employed a new cultural historian who will be on hand to provide displays and information on the Native American presence in the area in and around the park. This is an important but often overlooked aspect of our area’s cultural history that needs to be better highlighted and appreciated.

D.3.b
Packet Pg. 326 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) 5) Vaqueros/Californio period – Performances by Ballet Folklorico dancers will bring Hispanic heritage to the event. There will also be activities for children that will allow them to experience a bit of the working life on a 19th Century rancho, which was primarily provided by vaqueros.

Activities will include lariat throwing, leather stamping again include a chance for kids to learn how to throw a lariat. Children will learn about cattle brands, and create a brand of their own to “brand” a cow (cutout).
6) Marsh Creek State Park –Rangers will be on hand throughout the day with maps and information about the park today, and its plans for the future. The Park will also be showcased in another of the very popular, 4-mile hikes in the park, possibly along a route proposed for the EBRPD Marsh Creek Trail extension. We hope to provide a second hike as well -- around the Marsh Creek Reservoir – providing County Flood Control will be available to lead the hike as it has in the past.
7) Informational booths – Networking and partnerships are important to the Trust. Our regular booth partners will be invited to return for public outreach and demonstration, including East Bay Regional Park District, Friends of Marsh Creek Watershed, Mt. Diablo Interpretive Association, the Contra Costa County Historical Society, East Contra Costa Historical Society, Contra Costa Flood Control, Save Mt. Diablo, the Clayton Valley Historical Society, and the cities of Brentwood, Oakley and Antioch. Additional space will be provided for other interested nonprofits. 8) Food –We will offer hot dogs, tri-tip sandwiches and soft drinks. We will invite El Gallito to bring their food truck to the event.
9) Entertainment – In addition to Folklorico mentioned above, live music will also be provided by a local country cover band.
10) House Restoration-State Parks will discuss the $1.4M provided by the State for restoration of the house and the timeline of the stabilization project.

2. How will the project support the City Council’s Goals and Strategic Plan or the City’s overall Economic Development Plan/efforts AND how will the project promote a positive image and/or achieve positive publicity for Brentwood?
Heritage Day will present visitors with a positive view of cultural history and recreational opportunities in the Brentwood area. The event is free, making it inclusive for all family sizes and demographics. The positive nature of the event, the unique activities and its location will make it a natural for news coverage as well as word-of-mouth publicity. Previous events received rave reviews, and numerous comments from people who were disappointed to have missed such a positive event.

3. How will the project encourage or increase shopping and tourist activity inBrentwood? Local businesses will benefit from the traffic (at least 400-500 expected) to and from the event.

Downtown Brentwood shopping maps and local farm maps will be distributed at our information booth.

The public will also get a chance to learn about and support our Interpretive Center Project, in which we will be building a shaded picnic area for hosting class visits, conducting hikes, and opening a portion of the park on a regular schedule for drop-in visits by both locals and tourists. Regular hours at the Interpretive
D.3.b
Packet Pg. 327 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) Center will make it possible to promote the park and its activities through the State Parks system to draw tourists from a state-wide audience year-round.

4. How will the project build goodwill among local businesses and support the overall vibrancy and cohesion of the local business community?
Heritage Day provides local firms a chance to partner with the JMHT and State Parks and derive benefits through the association with a positive and unique event. Sponsor participation was at its highest ever for our last event and is expected to grow this year. Local companies that provide recreation, education, health, hospitality, historic preservation and natural resource protection services can all derive benefit from, and provide benefit to, the park and its visitors.

5. How will the project reinforce the image of Brentwood as a high-quality community? In addition to having a high-quality, family event on its community calendar, the image of the city is bolstered by its support of the event, an effort to alleviate social and ethnic tensions through inclusion and education. Enhanced recognition of one of the city’s largest ethnic groups will add to the city’s image as progressively addressing cultural divisions in today’s society.

The event will also show the value our community places on the history and culture of the region. We are developing new contacts with the San Pablo Historical Society and with Marsh’s family’s ancestral home in Brentwood, Essex, England, which is helping to broaden the informational reach about our community’s connection to the history and culture of the region.

6. How will the project generate tax revenue, jobs, and other economic development benefits to the city? Although there will be economic activity on the day of the event generated by the expected turnout of 400-500 people, the most significant economic benefit will be realized once our goal of opening the park is achieved. A report on the East Bay Regional Park District’s economic benefit showed its parks and trails contribute $500 million in economic benefits every year, including recreational value, health care value and increased property values.
(The EBRPD’s Round Valley Regional Preserve borders the Marsh Creek State Park on the south, and its Deer Valley property is to the west, and its Marsh Creek Trail through Oakley and Brentwood is being extended to the state park’s border.)
The 400 percent return on EBRPD’s annual $127 million budget shows parks are a great economic development investment. At 3,700 acres, Marsh Creek State Park is the state’s largest historic park and has the potential to also provide significant shopping and tourist activity in Brentwood. (The full EBRPD report can be seen at www.ebparks.org/economics)
By building support and raising money for our Interpretive Center, the project will begin to bring some of the economic benefits of the park online now, while helping to build towards the significant economic benefits that will result from the opening of the park in the future.

7. Will the project support small business development? If so, how? The project supports small, local businesses by purchasing goods and services for the event locally as much as possible. Once it is open, Marsh Creek State Park has the potential to support myriad small businesses in a variety of ways. Retail and service companies who could benefit include outdoor recreation suppliers and camping stores, health care providers, farriers and other equestrian services, fitness organizations and trainers.

D.3.b
Packet Pg. 328 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23)

8. How will the requested funds be used? How will the project be effectively managed? How will financial issues be handled, such as: managing expenses and revenues, and demonstrating fiscal accountability? How does this project minimize the need for City funding and maximize the City’s return on investment? What City services/facilities (if any) will be required for your project? Grant funds will be used for marketing, specifically print advertising; for rental of tents, tables, booths and other equipment needed to host the event; for equipment rental for site preparation; and for use of the City’s portable stage.

The John Marsh Historic Trust Heritage Day Committee and Board of Directors will handle all logistics as was done in previous years. Security and site-related matters will again be handled by State Parks. We have also collected a list of more than 100 volunteers, including students, church and Scout groups, and service clubs such as the Brentwood Lions and Brentwood Rotary to help staff the event.

Financial management will be provided by the Trust Board of Directors, CFO Robert Jones and Board President Barry Margesson.

By utilizing resources of volunteers, local service organizations and State Parks, the need for City resources is minimal.

9. How will the project be marketed and advertised? Please be as specific as possible including targeted media and any partnerships or collaborative marketing related to your project (MarketingPlan)? Marketing will include:
• Print ads in the Brentwood Press, and East Bay Times. An expanded online marketing program will help offset print circulation changes at The Press. • E-mail outreach will come from the JMHT contact database. • Banners (permitted of course) will be placed at several approved locations around thecity. • News stories and press releases will be submitted to local and regional print media, Bay Area radio and TV stations, Facebook, blogs and other web-based outlets will also beutilized. • Submissions will also be made to other local historical society newsletters and web sites. • We will also be expanding our outreach to local schools in Brentwood, Discovery Bay, Oakley, and Antioch, possibly providing classroom credit for participating in historicalactivities. • Promotion will also be done at the Brentwood Farmer’s Market and through fliers or posters in local businesses in East County.

10. Is this a first-time project/event (new, creative)? If no, please explain previous experience.

This is our sixth year putting on Heritage Day. There are, however, many new aspects to the event, as outlined above.

11. Is this project/event Eco-friendly?
Yes. Recycling stations will collect bottles and cans, and the park will be cleaned after the event. Trash will be removed by volunteers. Also, the Friends of Marsh Creek Watershed will host a booth next to Marsh Creek, providing information about the creek and the East County watershed and encouraging environmental stewardship.

D.3.b
Packet Pg. 329 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) John Marsh Historic Trust
Statement of need
Brentwood 2022-2023 Economic Development Grant application Needed: Recreation, Education, Cultural Appreciation, and Economic Development
As one of the fastest growing regions in California for some 15 years, East Contra Costa has seen not only a huge influx of residents, but tremendous growth in cultural diversity. After a lull caused by the recent recession, growth is once again bringing thousands of new residents, including many new families and students.

Growth puts a strain on both recreational and educational resources. Economic development, which helps pay for needed improvements, often lags behind residential growth, adding to the difficulty of keeping up with the demand brought by an increasing population.

Fortunately, a great opportunity to boost both recreational and educational resources, as well as to support nearby economic development, lies along (and partly within) Brentwood’s southeastern boundary: the Marsh Creek State Historic Park (MCSHP). Its 3,700 acres will offer 70 miles of trails, hundreds of day-use and camping sites, and protection for nearly a dozen threatened or endangered species of plants and wildlife. The site is steeped in history, having been occupied for 7,000 years, with residents including Native Americans, Mexicans, and Contra Costa County’s first Anglo-American resident, John Marsh, a key figure in California’s becoming a state. Together, these resources make the MCSHP an ideal place for not only recreation, but for studying history, culture and nature.

Unfortunately, despite the opportunities presented by MCSHP to help meet the recreational, educational, cultural and economic development needs of the people of East Contra Costa and beyond, they remain inaccessible to the public because the park is not open. State Parks has a massive backlog of deferred maintenance, so state money to open an as-yet-undeveloped park is limited.

The situation is made urgent by the fragile condition of the Stone House, which is currently undergoing stabilization work.

If the potential of the MCSP is to be realized in the coming years, there is a need to increasepublic awareness, raise money, foster partnerships with public and private organizations, and assist in development of educational and recreational programming. The John Marsh Historic Trust is uniquely positioned to do those things. An official cooperating association for the MCSHP, the Trust can raise money dedicated strictly to the MCSHP, not to the entire State Parks system. Heritage Day provides a day of family-oriented fun and learning, and helps build the public awareness needed to support upcoming capital campaigns.

D.3.b
Packet Pg. 330 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) The Trust is proud to have enjoyed the support of the City of Brentwood for more than 20 years. We look forward to doing more together to help meet the needs of this rapidly growing city and region.

D.3.b
Packet Pg. 331 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) State of California  Natural Resources Agency Gavin Newsom, Governor DEPARTMENT OF PARKS AND RECREATION Lisa Ann L. Mangat, Director Elise McFarland
15751 Tesla Road
Livermore, CA 94550
John Marsh Historic Trust
Bob Jones
1111 Broadway, 3rd Floor
Oakland, CA 94607
March 21, 2022
Dear Bob,
As a representative of the Diablo Range District of California State Parks, I give you and John Marsh Historic Trust permission to hold the annual Heritage Day Celebration on October 15, 2022 at Marsh Creek State Historic Park.

Heritage Day is a great opportunity to showcase Marsh Creek SHP and we look forward to it each year. I’m pleased that we’ll be able to work together to offer this event in 2022, as it helps to educate the public about our heritage.

If you have any questions, or I can help in any way, please feel free to contact me at (925) 455-7874 or at [email protected].

Sincerely,
Elise McFarland
Interpretation and Education Manager
Acting Cultural Resources Manager
Cooperating Associations Program Manager
Diablo Range District
D.3.b
Packet Pg. 332 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) John Marsh Historic Trust
Heritage Day 2022
Marketing plan
There will be occasional social media plugs leading up to the event (we’ve already started). The most intense marketing will be within the last 30 prior to the event. • E-mail Heritage Day invitations will be sent to 500 people on our contact list the first week of September.
• EventBrite events will be created and publicized, one for Heritage Day in general, and another for the hikes that are part of the event. Sept. 8, repost Oct. 10. • Print advertising
• Brentwood Press
o Three Half-page ads Oct. 1, Oct. 8; Oct 22 (The last is a thank-you to visitors and sponsors)
o One editorial story Oct. 8
o Promotional stand-alone photo and caption Oct. 1, Oct. 8, and Oct. 15. • Contra Costa Times
o Three 3x5 ads Oct. 1, Oct. 8, Oct. 15
• Three banners will be placed at several approved locations around the city as early as permitted before the event. Banners up Sept. 18
• News stories and press releases will be submitted to local and regional print media, BayArea radio and TV stations. Press releases will be sent Sept. 18 and Oct. 8. • Facebook, blogs and other web-based outlets for information about local activities will also be utilized during the two-week run-up, as well as on event day. • Newsletter submissions: Mount Diablo Interpretive Association, California Department of Parks and Recreation. Contra Costa Historical Society, East Contra Costa Historical Society, Trilogy at The Vineyards Send article August 8
• Social media: JMHT, EBT, CC History, minimum Sept. 17, Oct. 1, 8, 15 • Promotion will also be done at the Brentwood Farmer’s Market Oct. 2, Oct. 15 • Fliers or posters in local businesses in East County.

D.3.b
Packet Pg. 333 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) Item Projected
expenses
CoB grant funds
requested
Quote
Event equipment rental: pop‐ups, tables, booths $ 3,003 $ 3,003 x Print ads, Brentwood Press $ 2,106 $ 1,106 x
Web/social media, East County Today $ 300 $ 150 x
Brentwood portable stage $ 1,559 $ 1,559 x
Print ads/Bay Area News Group $ 1,600 $ 1,600 x
Native American presenters $ 750
Early California dancing demonstration $ 850 x
Contract services (mowing pasture, grounds) $ 500
Pioneer and science trunk $ 250
Merchandise to sell $ 500
Give‐aways (artifacts etc.) $ 500
Mowing and other site prep $ 500
Signs and banners $ 500
Activity book, misc. printing $ 450
Toilets $ 2,217 $ 2,217 x
Permits $ 708
Traffic cones $325 $ 325 x
Food /beverage cost $ 750
Promotional printing ‐‐ fliers and posters $ 250
Educational photos, maps and graphics $ 500
$ 18,117 $ 9,960
Cash event sponsorships $ 5,000
Food & beverage sales $ 500
Brentwood Press (in‐kind, additional advertising) $ 1,000 Got‐A‐Party (in kind, equipment rental) $ 500
East County Today (In‐kind, additional advertising) $ 150 Brentwood Fine Meats (in‐kind, pending) $ 550
John Marsh Historic Trust general fund $ 6,000
Total other income $ 13,700
Total funding $ 23,660
Income over expenses $ 5,542
2022 Heritage Day project budget
Other funding sources supporting project
D.3.b
Packet Pg. 334 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) 1 Account #: ACT-00136777
Quote #: Q-372849
Expiration Date: 04-07-22
Quote
Date: 03-08-22
Customer: JOHN MARSH HISTORIC TRUST Document #:
372849
Delivery Address:
21767 Marsh Creek Rd
BRENTWOOD, CA 94513
Event Name:

Event Start Date:

Event End Date:

Requested By:
rob jones
510-508-0094
[email protected]
USS Contact:

Jennifer Henry
Inside Sales Rep - Inbound Boise
(208) 362-3000
[email protected]
United Site Services of California, Inc.

Item Unit Unit Price Qty Charge Type Total Charge Tax
Restroom Bundle Configuration
Delivery 10-14-22 to 10-17-22
Deluxe Restroom EA $45.00 3 One-Time $135.00 Y
Hand Sanitizer Refill EA $10.00 3 One-Time $30.00 N
Final Pickup Service EA $164.79 3 One-Time $494.37 N
Restroom Bundle Configuration
Delivery 10-14-22 to 10-17-22
ADA Restroom EA $75.00 1 One-Time $75.00 Y
Hand Sanitizer Refill EA $10.00 1 One-Time $10.00 N
Final Pickup Service EA $288.80 1 One-Time $288.80 N
Hand Cleaning Bundle Configuration
Delivery 10-14-22 to 10-17-22
D.3.b
Packet Pg. 335 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) 2 2 Station Hand Wash Sink EA $40.00 3 One-Time $120.00 Y Final Pickup Service EA $246.33 3 One-Time $738.99 N
Other One-Time Charges
Item Charge Type Total Charge Tax
Delivery and Pickup One-Time $272.00 Y
Subtotal One-Time $2,164.16
Tax One-Time $52.71
Total One-Time $2,216.87
Grand Total $2,216.87
Notes:
• All recurring charges have been calculated using the standard USS 28 days billing terms. • The calculated recurring charges have been calculated for the billing period only. • The calculated charges are subject to change at time of order. • All taxes are estimated and could change at time of invoice.

Event Notes:
• 50% deposit for all orders placed more than six (6) weeks prior to delivery date; • Full payment for all orders placed within six (6) weeks of the delivery date; • Full payment for all orders 30 days prior to the delivery date; • All orders not paid in full 30 days prior to delivery date will be subject to loss of their reservation • If Customer fails to pay in full and cancels the order the 50% deposit will be forfeited; and • All COD payments via check or cash at the time of delivery must be secured by a credit card • The customer may cancel this order, reduce quantities, revise specifications or extend schedules only by mutual agreement and agrees to pay proper cancellation charges which take into account expenses already incurred and commitments made by the Company:

Canceled Before Event % of Deposit Returned
 120 days - 75%
 90 days - 50%
 60 days - 50%
 30 days - None
D.3.b
Packet Pg. 336 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) 3 TO PLACE AN ORDER CALL 1.800.TOILETS
D.3.b
Packet Pg. 337 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) 4 1. Acceptance. Customer shall be deemed to have accepted these terms and conditions (“Agreement”) upon the earliest of: (i) two business days after receipt of a Company invoice; (ii) delivery of Equipment including, among others, portable restrooms, trailers, fencing, roll-off dumpster, portable storage containers, and/or temporary power equipment (collectively or individually, the “Equipment”) to the Customer’s designated site (the “Site”) and use or acceptance thereof; (iii) acknowledgment or other conduct of Customer (including payment against any invoice); or (iv) Company’s performance of any services Customer has requested. This Agreement supersedes any inconsistent terms of any purchase order or other Customer documents. All agreements are subject to approval by Company.

2. Payment Terms. Customer shall pay all charges due to Company during the term (the “Period”) shown on the relevant invoice. All invoices are due and payable upon receipt. Company’s rates are for the entire Period, which shall not be prorated (i.e., charges for less than a full Period shall not be prorated). Customer shall be liable to Company for all collection expenses (including reasonable attorneys’ fees), and interest at the rate of 1.5% per month, or such lesser rate as may be the maximum lawful rate, on all overdue accounts.

Customer shall pay all additional charges for services separately requested or made necessary by Customer’s breach of this Agreement, including moving/relocation charges, special service charges, and special delivery and removal charges. For payments by check, Customer authorizes Company to use information from Customer’s check to make a one-time electronic fund transfer from Customer’s account or to process this transaction as a check. Customer shall pay all taxes, including sales tax, license fees and permit fees arising out of the use of the Equipment. Customer shall pay such taxes whether such taxes are shown on the relevant quotation or invoice or whether such taxes are later claimed by a governmental authority. In the event of a claim by a governmental agency for taxes related to the Equipment, Customer shall pay to Company such taxes on demand.

3. Service. Company offers servicing as an option on all portable restrooms. If Customer orders servicing, Company will remove any domestic septic waste (“DSW”) from portable restrooms on the service day(s) scheduled by Company. If Company is unable to service the Equipment as scheduled due to a holiday, inclement weather, site restrictions, site inaccessibility or other circumstances, Company shall service the Equipment on the next available business day subject to Company’s other service commitments. Customer shall provide Company timely, sufficient and unobstructed access to Equipment, including extended hours or after business hours access, as necessary to perform Services. The pricing of this Agreement is based upon: easy access to Site, firm and level ground and a dry location. Company will not remove any waste other than DSW from portable restrooms.

4. Damage Waiver. Company offers a damage waiver program exclusively on single occupancy plastic restroom units. If Customer accepts and pays for the Damage Waiver at the time of rental, Customer shall have no responsibility for accidental structural damage to the Equipment, EXCEPT (i) Customer shall be liable for theft or disappearance of any Equipment and for any losses or damage resulting from any willful or negligent acts or omissions of Customer or any of its agents, contractors or employees; and (ii) Customer shall exercise all rights available under its insurance required by Section 8 hereof, and Customer shall take all actions necessary to process and pursue all insurance claims, and Customer will pay any and all proceeds from such insurance to Company. If Customer does not accept and pay for the Damage Waiver at the time of rental, Customer is liable for any and all loss or damage to the Equipment, regardless of cause or fault, except for reasonable wear and tear or damage caused by Company, and Customer shall pay Company the actual cost of repair or replacement of the Equipment and, in addition thereto, for Company’s loss of use of the Equipment. Customer shall promptly notify Company of any loss or damage to the Equipment and shall provide Company with copies of all reports relating to same, including police reports, informal investigation reports, and insurance reports. This Damage Waiver does not apply to portable toilets and containers contaminated with Hazardous Materials while in the Customer’s possession. Company is not responsible for damage caused to Equipment or otherwise when Company performs at the Customer’s direction including damage to delivery location and truck access path, except to the extent caused by Company’s sole negligence.

5. Equipment Responsibility. Company will deliver the Equipment to the Site at the Period’s commencement. Customer warrants and represents it has exercised due diligence and care in the selection of a Site safe for placement of any Equipment, and further agrees to direct and supervise the Equipment’s placement. Title to all Equipment remains with Company. Customer shall not modify or move the Equipment from the Site absent Company’s written consent. If Customer moves the Equipment from the Site without Company’s written consent, Customer immediately assumes all responsibility and liability for all losses and costs incurred by Company. Customer warrants and represents it is familiar with the safe and proper use of the Equipment. Customer shall not sell, rent, lease or otherwise lose possession of the Equipment, nor shall Customer permit any lien to be placed on the Equipment. Customer acknowledges that Company has no control over the use of the Equipment by Customer, and Customer agrees to comply, at Customer’s sole expense, with all applicable governmental and quasi-governmental laws and guidelines, including ANSI Standard Z4.3 and PASI’s published requirements in its “Guide for Clean Portable Sanitation”, if applicable.

Customer further agrees to (i) obtain and comply with all applicable governmental and quasi-governmental licenses, permits, registrations, permissions and other approvals (“Permits”) applicable to the Equipment; and (2) comply with all applicable Permits held by Company applicable to the Equipment.

6. Equipment Contamination. Customer represents and warrants that any waste material to be collected in the Equipment or disposed of by Company does not include any radioactive, volatile, biohazardous (excluding noninfectious DSW), flammable, explosive, special waste, or hazardous materials (including but not limited to asbestos, petroleum, paints and any substance identified by a governmental agency as being hazardous or toxic) or their equivalent (collectively, “Hazardous Materials”). At all times, Customer shall hold all title to and liability for all waste material. Company will not remove tires, Hazardous Materials, or appliances from dumpsters (collectively, “Prohibited Waste”). Customer will be responsible for all removal, cleanup, remediation, fines, penalties and other costs arising from or relating to the presence of Prohibited Waste attributable to Customer’s possession of the Equipment. Customer will be responsible for all fines or penalties on overweight containers. Mattresses or other bulky items found in dumpsters may result in additional fees. If Prohibited Waste is found in or around the Equipment, Customer shall arrange and pay for separate removal, disposal and remediation of such waste and Equipment. Customer may not terminate the Period and shall be responsible for all accrued charges until such Prohibited Waste is removed and the Equipment is remediated.

7. Liability & Indemnification. Except to the extent Customer is not liable under the Damage Waiver program described in Section 4, Customer agrees to defend, indemnify and hold harmless Company to the maximum extent permitted by law against and for all claims, lawsuits, damages, expenses, penalties, fines, and other losses arising out of any of (a) the rental, delivery, condition, possession, maintenance, use or operation of Equipment delivered to or rented by Customer, including but not limited to any claims that might be brought against only Company by an employee of Customer, (b) waste material collected in the Equipment or disposed of by Company, or (c) any damage to underground pipes, sewers, wires, conduits or utilities resulting from Customer’s failure to comply with Section 12. Customer’s indemnity and defense obligations apply to the maximum extent permitted by law to all injuries, damages and losses regardless of whether same are caused, or are alleged to have been caused, in whole or in part by Company’s, Customer’s, or a third party’s acts or omissions, except that Customer will have no obligation to indemnify or defend Company to the extent the injury, damage, or loss was actually caused by Company’s sole negligence or willful misconduct. Customer expressly agrees and will cause its insurer to accept a tender by Company to Customer of any claim arising out of the rental, delivery, condition, possession, maintenance, use or operation of the Equipment. Company, its officers, directors and agents shall not, under any circumstances, be liable to Customer for consequential, incidental, special, exemplary or punitive damages arising out of or relating to the Equipment. Customer’s exclusive remedy for any claims or causes of action arising out of or related to the Equipment shall be recovery of direct damages in an amount not to exceed the amount paid by Customer for use of the Equipment. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, ALL EQUIPMENT IS PROVIDED TO CUSTOMER “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS,” AND THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS

OR IMPLIED, WITH RESPECT TO THE CONDITION OR PERFORMANCE OF THE EQUIPMENT, ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

8. Assumption of Risk; Insurance. Customer assumes all risk of and liability for injury (including death) to any person or property and for all other risks and liabilities arising from the rental, delivery, condition, possession, maintenance, use or operation of the Equipment. Customer agrees, at its own expense and at all times during the term of the Agreement, to maintain Commercial General Liability (“CGL”) insurance with limits of not less than $1,000,000 per occurrence for sums that an insured must pay as damages because of bodily injury or property damage arising out of the condition, possession, maintenance, use, operation, erection, dismantling, servicing or transportation of the Equipment. Customer and its agents will cooperate with Company and Customer’s insurers in any claim or suit arising therefrom and will do nothing to impair or invalidate the applicable insurance coverage. In addition, Customer agrees, at its own expense and at all times during the term of the Agreement, to maintain Property Insurance in an amount adequate to cover any damage to, or loss of, the Equipment. Customer’s Property Insurance must cover non-owned Equipment while in Customer’s care, custody and control. Customer agrees to add Company as an Additional Insured and Loss Payee on all insurance required by the Agreement. Customer’s CGL insurance must be primary and non-contributory with any insurance maintained by Company and must include a waiver of subrogation in favor of Company. The amount, terms and conditions of the insurance maintained by Customer must be reasonably acceptable to Company. Customer agrees to abide by all terms and conditions of all such insurance. Customer agrees to provide Company with Certificates of Insurance (“COI”) evidencing the insurance required by the Agreement. Company’s acceptance of Customer’s COI will not be deemed a waiver or modification of Customer’s insurance, indemnity or any other obligations under the Agreement.

The provisions of this Section 8 are in addition to, and do not limit, qualify or waive any obligations of Customer under this Agreement, including but not limited to Customer’s obligations under Section 7 above.

Customer’s fulfillment of its insurance obligations do not limit Customer’s liability under Section 7 above. The provisions of Section 7 above do not limit or qualify the provisions of this Section 8 or the scope of insurance coverage provided to Company as an Additional Insured or Loss Payee.

9. Termination. Company may terminate this Agreement and immediately remove the Equipment if (i) Customer fails to pay any amount when due, (ii) Customer breaches the Agreement, (iii) there is a loss of or damage to the Equipment, (iv) a lien is placed, or is proposed to be placed, on any Equipment, (v) a proceeding in bankruptcy or for other protection from creditors is commenced by or against Customer, or (vi) Company’s convenience. Company shall not be responsible for losses due to removal of Company’s Equipment pursuant to this paragraph.

10. Governing Law; Non-Waiver; Amendments. This Agreement is governed by the laws of the state where the Site is located, without giving effect to principles of conflicts of laws. Each party submits to the jurisdiction of any state or federal court sitting in such state in any action or proceeding arising out of or relating to this Agreement. No failure by Company to exercise any right hereunder shall operate as a waiver of any other right hereunder, and a waiver of any right on one occasion shall not constitute a waiver of any such right on any future occasion. All modifications to this Agreement must be in a writing signed by both parties.

11. Errors & Omissions. Company reserves the right to correct any erroneous information that may appear in this invoice or may have appeared in a prior invoice including, without limitation, Customer’s name or address, or billing amounts.

12. Fencing. For fence rental and installation, Customer shall establish all property line stakes and grade stakes. Unless otherwise agreed, fences shall follow ground lines/level. Prior to install, Customer shall provide Company with the location and character of any underground pipes, sewers, wires, conduits, obstructions, conditions or restrictions which may interfere with or be damaged at install or thereafter.

Customer shall notify any and all underground service entities in advance of install. Customer shall cooperate fully in Company’s installation by (a) clearing a sufficient working area of all obstructions and removable hazards, including clearing all trees and brush for six feet on either side of fence location, (b) surveying, grading, locating and staking fence line and identifying/verifying all property and utility lines, (c) notifying and safeguarding Company of all potential hazards, and (d) coordinating Company’s work with all others on the Site. Company may extend install deadlines and Customer shall pay for any expenses resulting from Customer’s compliance with these terms. Customer is responsible for all relocation/re-installation costs.

Customer shall inspect and accept the fence within twenty-four (24) hours of installation.

13. Conditional Payments. Any payment that Customer sends Company for less than the full balance due that is marked “paid in full” or contains a similar notation, or that Customer otherwise tenders in full satisfaction of a disputed amount, must be sent to the address listed in Section 14. Company reserves all rights regarding these payments (e.g., Company may accept the check and Customer will still owe any remaining balance). Company may refuse to accept any such payment by returning it to Customer, not cashing it or destroying it.

14. Price Adjustments: Company reserves the right to impose a price increase at any time with or without notice to Customer.

15. Notices. Any required notice shall be in writing delivered to United Site Services, Inc. 118 Flanders Road, Suite 1000, Westborough, MA 01581 Attn: (Legal Department). Any notice given pursuant to this contract shall be considered duly given when received by the representatives of the parties hereto. For information about our privacy practices,go to https://www.unitedsiteservices.com/privacy-policy.

D.3.b
Packet Pg. 338 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) # R3767 Status Approved Page 1 of 3
1 resource(s) 4 booking(s) Subtotal: $1,559.00
System User Jun Gandia Payer John Marsh Historic Trust
Agent Name Barry Margesson
Organization Phone 1
Number
(925) 250-6826
Organization Phone 2
Number
(925) 634-4566
Organization Name John Marsh Historic Trust - 264
Customer Type Non-Profit
Organization Address 2680 Virginia Drive
Brentwood, CA 94513
Permit # R3767
Status Approved
Date Jul 26, 2021 10:03 AM
Brentwood Community Center
35 Oak Street
Brentwood, CA 94513
PHONE:(925) 516-5444
FAX:(925) 516-5447
Permit
Rental Fee $1,059.00
Discounts $0.00
Subtotal $1,059.00
Deposits $500.00
Deposit Discounts $0.00
Total Permit Fee $1,559.00
Total Payment $53.00
Refunds $0.00
Balance $1,506.00
Heritage Day John Marsh House
Event Notes:

Emergency contacts:

Jun Gandia, Recreation Coordinator: 925-382-5710
Parks & Recreation Standby
925-382-5346
Booking Summary
Mobile Stage (Mobile Equipment) Center: Mobile Equipment

START DATE START TIME END DATE END TIME ATTENDEE AMT W/O TAX Oct 22, 2021 8:00 AM Oct 25, 2021 5:00 PM -- $0.00
Occurs on selected dates: Oct 22, 2021, Oct 23, 2021, Oct 24, 2021, Oct 25, 2021 Oct 22, 2021 8:00 AM Oct 22, 2021 5:00 PM 1 $0.00
Oct 23, 2021 8:00 AM Oct 23, 2021 5:00 PM 1 $0.00
Oct 24, 2021 8:00 AM Oct 24, 2021 5:00 PM 1 $0.00
Oct 25, 2021 8:00 AM Oct 25, 2021 5:00 PM 1 $0.00
Resource level fees $1,559.00
Refundable Damage Deposit $500.00 / Each x 1 $500.00
Application Fee $53.00 / Each x 1 $53.00
Mobile Equipment - Business $92.00 / Each x 1 $92.00
Mobile Equipment Setup Weekday - Business $258.00 / Each x 1 $258.00 Mobile Equipment Setup Weekend - Business $377.00 / Each x 1 $377.00 Mobile Stage Ext. for 8 Setup/Take Down $279.00 / Each x 1 $279.00 City states 2022 rate will be the same as 2021
D.3.b
Packet Pg. 339 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) # R3767 Status Approved Page 2 of 3
Waivers and Information

WAIVER NAME DUE DATE FOR SIGNING STATUS
Permit Waiver Oct 22, 2021 Barry Margesson Waiver Signed by: Barry Margesson on Jul 26, 2021
Liability, Medical Consent, and other Terms of Facility Use Indemnification. The User hereby voluntarily agrees to indemnify, defend, and hold harmless the City of Brentwood (City) it?s officials, officers, employees, agents, and volunteers from any liability for property damage, injuries, or death resulting from or in any way connected with use of City facilities. The Authorized Representatives and User do forever release and hold harmless the City from all claims or rights of action for damage which User may incur as a consequence of the use of the Facility. This waiver and release is applicable except to the extent caused by the City's sole negligence or willful misconduct.

Medical Consent. In emergency situations, User hereby agrees to allow the City staff to consent to any medical treatment that medical personnel deem necessary for any attendees of User?s facility rental or event. It is understood that no health or accident insurance is provided by the City. It is further understood that this Contract is binding on my heirs and assigns.

Equipment. I agree to return equipment issued to me in as good condition as when received, except for normal wear and tear.

Photo/Video Release. Authorized Representatives and Participant hereby agree that pictures or videos taken during the Facility rental may be used for future promotional purposes.

Acceptance. My signature below constitutes acceptance of the conditions set forth above.

Signature: _______________________________ Printed Name: ________________________ Date: _________________
COVID-19 Risk Assumption, Waiver, and Indemnity Agreement ____________________ (“Renter”) and City of Brentwood (“City”) under the Rental Permit # _______________ dated ________________ 2020 hereby agree as follows:

Renter warrants and represents that Renter has reviewed all applicable governmental policies relating to the COVID-19 pandemic and has concluded that the Rental is permitted under any and all applicable government-issued mandates, orders, executive orders, recommendations, stayat-home orders, quarantines, or prohibitions against non-essential activities.

Renter expressly assumes any and all risk relating to any illness, injury, infection, economic injury, or death arising from or relating to the Rental, except where caused by the active negligence or willful misconduct of the City.

Renter waives and releases the City from any and all claims, causes of action, allegations, or assertions that may arise relating to infection of any person by COVID-19 that occurs, or is alleged to occur, during the Rental.

Renter agrees to defend, indemnify, and hold City harmless from any and all claims, causes of action, allegations, or assertions made against City or City’s employees arising from or relating to actual or alleged infection occurring during the Rental.

Renter must follow Centers for Disease Control (CDC) guidelines and local county and city public health recommendations regarding social distancing, facial coverings and limited number of program participants to help prevent and slow the spread of COVID-19 in the workplace and the community.
____________________________________ _________________________ Renter Signature Date
Deposit

EVENT RESOURCE DEPOSIT FEE CHARGE TAX AMOUNT PAID REFUNDS BALANCE Heritage
Day John
Marsh
House
Mobile Stage Refundable
Damage
Deposit
$500.00 $0.00 $53.00 $0.00 $447.00
Payment and Refund
D.3.b
Packet Pg. 340 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) # R3767 Status Approved Page 3 of 3
X:

Date:

John Marsh Historic Trust
Customer Type: Non-Profit
Customer ID: 12886
Mailing Address: 2680 Virginia Drive, Brentwood, CA
94513
Organization Phone 1 Number: (925) 250-6826
Organization Phone 2 Number: (925) 634-4566
Authorized Agent Name: Barry Margesson
X:

Date:

Brentwood Community Center
Mailing Address: 35 Oak Street, Brentwood, CA
94513
Phone Number: (925) 516-5444
Fax Number: (925) 516-5447
Payment Schedules Original Balance: $1,559.00 Current Balance: $1,506.00 RECEIPT # DATE FEE DESCRIPTION EVENT RESOURCE PAYMENT / REFUND 1012779.008 Jul 26, 2021 Refundable
Damage Deposit
Heritage Day John
Marsh House
Mobile Stage $53.00

DUE DATE AMOUNT DUE AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE Sep 22, 2021 $1,559.00 $53.00 $0.00 $1,506.00
D.3.b
Packet Pg. 341 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) ORDER TA...
3/14/2022
INVOICE #
47112

BILL TO

JOHN MARSH HISTORIC TRUST
21999 MARSHCREEK RD
BRENTWOOD [email protected]
BARRY MARGErSON 250-6826

STONE HOUSE HERITAGE DAY
DELIVER TO:

JOHN MARSH HISTORIC TRUST
21999 MARSHCREEK RD
BRENTWOOD EVENT SAT 10-4 PM
DELIVER 1-2 PM PICK UP AM

STONE HOUSE HERITAGE DAY

D/O-D/I
PHONE #

DAY OUT
10/14/2022
Rep
TA
DAY IN
10/17/22
Total
Balance Due
Payments/Credits
AFTER HOURS CONTACT 925-595-4063
WWW.GOTAPARTYINC.COM
GOT A PARTY INC.

FAX 925 516-0552

PARTY RENTALS & SUPPLIES
3981 WALNUT BLVD.

BRENTWOOD,CA 94513
BUS. 925-516-7664
LIKE US ON FACEBOOK!!! :)

GOT A PARTY,PARTY RENTALS

LICENSE NUMBER

ITEM QUANTITY DESCRIPTION RATE AMOUNT
20X40 CAN 3 20' X 40' CANOPY WHITE 600.00 1,800.00
10X10 EZ-UP 11 10X10 EZ UP TENT WHITE 65.00 715.00
FOOD BOOTH ... 1 FOOD BOOTH WALLS 75.00 75.00
8' TABLE 22 SEATS 8 TO 10 30" HIGH 8.95 196.90
BRNSAM CHAIR 122 BROWN SAMSONITE CHAIR FOLDING 1.00 122.00

BARRELS WATER BARRELS FOR TENT TIE DOWN

IF SURFACE WON'T PERMIT STAKES
32 10.00 320.00
DELIVERY BRN... BRENTWOOD DELIVERY AND PICKUP ALL PICK
UPS AFTER 6 PM 50% ADDITIONAL FEE
1 60.00 60.00
100 CUP 100 CUP COFFEE MAKER 15.00 15.00
POSSIBLE 10' LEGS ON 20X40
DONATION -1 DONATION 500.00 -500.00

NO STAKES ALLOWED
PA SYSTEM MED PA SYSTEM W/2 SPEAKERS WITH STANDS
**MIC**
1 60.00 60.00
8X20 SIDEWALL 3 WHITE 20' LONG WALL 46.30 138.90
SALES TAX 8.25% 0.00

THIS IS A CONTRACT OF RENTING ONLY AND NOT OF SALE, THE UNDERSIGNED RENTER AGREES THAT HE HAS

RENTED THE ITEM(S) HEREIN DESCRIBED UPON THE EXPRESS CONDITION THAT IT WILL AT ALL TIMES REMAIN THE PROPERTY OF THE RENTAL AGENT NAMED ABOVE; THAT HE HAS EXAMINED SAID ITEM, FOUND IT TO BE IN

GOOD CONDITION AND WILL RETURN IT IN AS GOOD CONDITION AS WHEN HE RECEIVED IT,ORDINARY WEAR AND TEAR EXCEPTED; THAT HE WILL RETURN AT ONCE TO THE RENTAL AGENT ANY ITEM NOT FUNCTIONING NORMALLY; THAT HE WILL PAY PROMPTLY WHEN DUE ALL CHARGES WHICH ACCRUE BECAUSE OF THIS RENTAL, INCLUDING DAMAGES TO SAID ITEMS. IN THE EVENT THE RENTER FAILS TO RETURN SAID ITEM AT THE AGREED

TIME, OR FAILS TO ABIDE BY ANY OF THE OTHER TERMS OF THIS CONTRACT , THE RENTAL AGENT MAY REPOSSESS

IT WITHOUT NOTICE TO THE RENTER, AND THE RENTAL AGENT IS HEREBY RELEASED FROM ALL CLAIMS ARISING THERE FROM. ALL CHARGES ARE BASED ON THE TIME ITEM(S) IS IN RENTERS POSSESION WHETHER IN USE OR NOT. $3,002.80
$3,002.80
$0.00
D.3.b
Packet Pg. 342 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) D.3.b
Packet Pg. 343 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) TO: John Marsh Historic Trust
21789 Marsh Creek Rd.

Bay Area Barricade Service
1861 Arnold Industrial Way Date:

Concord, CA 94520
Rental Estimate #03082022JW
Daily Daily
Start Date End Date Description Qty Rate total Days Amount 10/14/22 10/17/22 60 $0.50 $30.00 5 $150.00
10/14/22 10/17/22 Cable Protector 3 $25.00 5 $75.00
Deliver to: S/A
Taxed Amt $225.00
Delivery and Pick up 2 $40.00 $80.00

8.75% TAX $19.69
Total $324.69
Brentwood, CA 94513
Delineator w/base
D.3.b
Packet Pg. 344 Attachment: Economic Development Grant Application FY 22-23 Competitive Cycle (2673 : ED Grants Competitive 22-23) Advertising Order Confirmation 03/21/22 3:04:05PM

Page 1 ends

Brentwood City CouncilMay 10, 2022

Brentwood City Council
May 10, 2022