Brentwood City Council
August 22, 2023

AUGUST 22, 2023, 7:00 PM

CITY COUNCIL/SUCCESSOR AGENCY AGENDA
CITY COUNCIL CHAMBERS, 150 CITY PARK WAY
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* City Council Members will be participating from the Council Chamber. Members of the public are invited to attend and participate at: the Council Chambers, 150 City Park Way, Brentwood CA
As a courtesy and technology permitting, members of the public may continue to provide live remote oral public comment via the City’s Zoom Platform. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.

HOW PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:

1. IN PERSON:
a. Members of the public can provide in-person comments in the Council Chambers or the teleconference location. Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chambers and teleconference location will have seating available for members of the public to attend in person up to full seating capacity.

2. REMOTE:
a. Zoom: www.brentwoodca.gov/vcc or Zoom Webinar ID: 760 1397 0037 b. Zoom Phone Numbers. Dial Toll Free: (833) 548-0276 or (833) 548-0282 or (877) 853-5247.
c. 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. (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.)

3. E-MAIL
a. 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:

1. distributed to the Council via email before the meeting,

2. posted online for public inspection at www.brentwoodca.gov/meetings and

3. later summarized in the meeting minutes.
b. 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.

4. TO WATCH OR LISTEN ONLY:
a. 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 or via the City’s YouTube Channel:
https://www.youtube.com/c/cityofbrentwoodca

CITY COUNCIL/SUCCESSOR AGENCY AGENDA
Zoom Webinar ID: 760 1397 0037

August 22, 2023, 7:00 p.m.

City Council Chambers
150 City Park Way
Brentwood, CA 94513
City Council Zoom Link
A. CALL TO ORDER & ROLL CALL
B. PLEDGE OF ALLEGIANCE
Presentation of Colors and Pledge of Allegiance by Boy Scout Troops 21 and 22 C. PUBLIC COMMENTS
The public is permitted to speak 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. Public comments for scheduled agenda items should wait until that time. To accommodate those speaking in-person and via Zoom, we will call upon those in-person first, and then to Zoom. If necessary, we will repeat that process.

In Person: Please file a speaker’s card with the City Clerk on the form provided on the counter at the back of the Chambers.

Zoom: Please use the Raise Your Hand feature in Zoom during this item to speak under Public Comments.

Persons are required to limit their remarks to five (5) minutes unless an extension of time is granted by the Mayor subject to approval of the City Council/Successor Agency. Speakers desiring answers to questions should direct them to the Council/Successor Agency and, if relevant, they may direct them to the appropriate staff member. Speakers can also follow up directly with staff during regular City business hours.

D. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS, AND STAFF This portion of the agenda is to provide an opportunity for Council Members to report on attendance at events, subcommittee meetings, and entities on which the Council Member has been appointed as a liaison and for staff to provide brief updates and/or information to the City Council.

E. CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by one motion. If discussion is required, that particular item will be removed from the consent calendar and will be considered separately.

E.1 Minutes of the City Council/Successor Agency meeting of August 8, 2023 E.2 A Proclamation Proclaiming September 2023 as Childhood Cancer Awareness Month E.3 A Proclamation Proclaiming September 2023 as National Senior Center Month E.4 A Proclamation Proclaiming September 11, 2023, as Patriot Day E.5 A Proclamation Proclaiming September 10th through September 16th as Suicide Prevention Week
E.6 An agreement with Governmentjobs.com, Inc. dba NEOGOV to provide Onboard and CoreHR software.

Title/Recommendation
Adopt a Resolution authorizing the City Manager to enter into an agreement with Governmentjobs.com, Inc. dba NEOGOV to provide Onboard and CoreHR software. This will integrate employee life cycle information, streamline work processes, and create workflow efficiencies within one system.

E.7 Initiating and declaring the intention to order the formation of Landscape & Lighting Assessment District No. 23-1
Title/Recommendation
Adopt a resolution initiating and declaring the intention to order the formation of Landscape & Lighting Assessment District No. 23-1 (Orchard Grove); declaring the intention to levy and collect assessments; and setting the date of September 26, 2023, at 7:00 p.m. or at such time thereafter that the matter can be heard for the Public Hearing in accordance with the provisions of the Streets and Highways Code “Landscaping and Lighting Act of 1972” and California Proposition No. 218.

E.8 Setting the General Obligation Bond Tax Rate of .0046% for the 2023/24 tax roll Title/Recommendation
Adopt a resolution adopting the General Obligation Bond Tax Rate of .0046% for the 2023/24 property tax roll and requesting submittal to Contra Costa County.

E.9 Purchase of two replacement pumps for the Return Activated Sludge pump station.

Title/Recommendation
Adopt a Resolution approving and authorizing the City Manager or his designee to execute any necessary documents to purchase two replacement Return Activated Sludge (RAS) pumps, manufactured by Pentair Fairbanks Nijhuis, for the Wastewater Treatment Plant (WWTP) from JM Squared Associates, Inc. in an amount not to exceed $118,682; and authorizing staff to amend the FY 2023/24 Wastewater Replacement Fund Operating Budget in the amount of $118,682.

E.10 Compensation Adjustment for Planning Commissioners Title/Recommendation
Adopt a Resolution 1) approving a $100 monthly increase to the Planning Commission compensation; and 2) Amending the FY 2023/24 General Fund Operating Budget for the increased costs
E.11 Accept the park and landscaping improvements for Pioneer Park and Miwok Avenue Entry of the Vineyards at Marsh Creek development.

Title/Recommendation
Adopt a Resolution accepting the park and landscaping improvements on Parcel ‘SS’ (Pioneer Park) and Miwok Avenue Entry of the Vineyards at Marsh Creek development, Subdivision 8796 (Miwok Avenue Entry) for maintenance by the City and request that the City Clerk file this Resolution with the Recorder of Contra Costa County.

E.12 Police Department’s Purchase of patrol rifles from LC Action Police Supply.

Title/Recommendation
Staff recommends Council adopt a resolution approving an amount not to exceed $75,000 for the purchase of 60 Colt “EPR” L.E. carbine, 11.5” barrel 5.56 rifles (Colt Rifles), as well as any additional items necessary from LC Action Police Supply, and authorize the City Manager or designee to execute any documents necessary to procure these items.

F. PUBLIC HEARINGS
Persons addressing the City Council using Zoom are asked to raise their hands using the Zoom feature. Those attending in person and wishing to address the Council may do so from the podium. The Council may adopt reasonable regulations at the onset of the public hearing to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the public hearing shall follow the protocol for Public Comments.

F.1 Discussion regarding smoke shops and an interim urgency ordinance extending a moratorium on any new tobacco smoke shop
Title/Recommendation
It is recommended that the City Council adopt an ordinance extending the interim urgency ordinance that implemented a moratorium on new tobacco smoke shops in the city of Brentwood for an additional period of one year, to September 8, 2024 and provide staff with feedback regarding smoke shop rules and enforcement.

This proposed ordinance is intended to preserve the status quo while the City considers further regulations on tobacco sales and distribution. The ordinance will not cause a direct physical change in the environment, nor a reasonably foreseeable indirect physical change in the environment. This action, therefore, does not constitute the approval of a “project” under the California Environmental Quality Act (CEQA), and it is exempt from CEQA. (Public Resources Code § 21065, State CEQA Guidelines §§ 15060(c)(2)-(3), 15061(b)(3), 15064(d)(3), and 15378(a).)
G. BUSINESS ITEMS
G.1 Convert for Cash Water Conservation Rebate Program and Guidelines.

Title/Recommendation
Adopt a Resolution approving the Convert for Cash Water Conservation Rebate Program and Guidelines which provide rebates for conversion of landscape to water efficient plants and drip irrigation, as well as replacement of appliances with water efficient models, in order to support continued efforts to use water more efficiently.

H. REQUEST FOR FUTURE AGENDA ITEMS
H.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
H.2 REQUESTED ITEM(S)
H.2.a Request from Mayor Bryant for a draft ordinance related to enclosures for grazing animals used for weed control.

Title/Recommendation
That the City Council consider and discuss the request from Mayor Bryant for City Council discussion of, and possible direction to staff to prepare a draft ordinance related to enclosures for grazing animals used for weed control.

H.2.b Request from Vice Mayor Meyer to provide suggestions to the County for amendments codes related to animals being kept outdoors during extreme heat.

Title/Recommendation
That the City Council consider and discuss the request from Vice Mayor Meyer to provide suggestions to the County for amendments to codes related to animals being kept outdoors during extreme heat.

H.2.c Requests from Vice Mayor Meyer and Council Member Mendoza for City Council discussion of, and possible direction to staff regarding amendments to Brentwood Municipal Code Chapter 5.74, Lost, Stolen, or Abandoned Shopping Carts
Title/Recommendation
That the City Council consider and discuss the written requests from Vice Mayor Meyer and Council Member Mendoza for City Council discussion of, and possible direction to staff to spend staff time and resources regarding amendments to Brentwood Municipal Code Chapter 5.74, Lost, Stolen, or Abandoned Shopping Carts to include consideration of removal of fines for retailers, process for notifying retailers, and enforcement related to stolen carts.

H.2.d Request from Council Member Mendoza for staff to prepare an informational report and potential updates to the Urgency Ordinance related to the moratorium for any new tobacco smoke shops in the City, to include recent approvals and guidelines.

Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza for staff to prepare an informational report and potential updates to the Urgency Ordinance related to the moratorium on any new tobacco smoke shops in the City, to include recent approvals and guidelines H.2.e Request from Council Member Mendoza for staff to prepare a local ordinance related to liquor licenses, with the ordinance defining “schools” and regulating proximity to specific uses.

Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza for staff to prepare a local ordinance related to liquor licenses, with the ordinance defining “schools” and regulating proximity to specific uses.

I. ADJOURNMENT
Any disclosable public records related to an agenda item for the open session of this meeting distributed to all or a majority of the City Council less than 72 hours before this meeting is available for inspection at City Hall, located at 150 City Park Way, during normal business hours.

These writings will also be available for review at the City Council meeting in the public access binder in the entrance of the City Council Chambers.

Public comments received after 3:00 p.m. of the meeting date, but prior to the start of the meeting, will be emailed to the City Council, posted online at www.brentwoodca.gov/councilmeetingonline within one day following the meeting, and will be summarized in the meeting minutes.

The Closed Captioning provided via Zoom is auto generated. It is not the official record and is provided as a convenience.

If you challenge the any of the matters listed under 'Public Hearings' in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Brentwood City Council at, or prior to, the public hearing
NOTICE
In compliance with the Americans with Disabilities Act, the meeting room is wheelchair accessible and disabled parking is available at the City Hall parking lot. If you are a person with a disability and you need disability-related modifications or accommodations to participate in this meeting, please contact the City Clerk's Office at (925) 516-5440 or fax (925) 516-5441. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. {28 CFR 35.102-35, 104 ADA Title II}

POSTING STATEMENT
On August 17, 2023, 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

1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
August 8, 2023, 7:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 7:11 p.m.

Roll Call found the following members present: Mendoza, Meyer, Pierson, Oerlemans, and Mayor Bryant.

A.1 REPORT ON CLOSED SESSION
In Closed Session, the City Council voted 5/0 to initiate an adjudicatory proceeding. The parties and other information related to the proceeding shall be disclosed upon request once the matter is formally commenced, unless to do so would jeopardize the City's ability to serve parties to the matter and or conclude existing settlement negotiations to its advantage.

B. PLEDGE OF ALLEGIANCE
Mayor Bryant led the Pledge of Allegiance.

C. PUBLIC COMMENTS
Yildez provided comments related to National Night Out with regard to the neighborhoods of Deer Ridge, Shadow Lakes, and Brentwood Hills and expressed safety concerns regarding the proposed bar and restaurant at Deer Ridge golf course and similar projects.

Mariana Petrenko expressed gratitude to City staff and the Police Department in their participation in National Night Out and Fourth of July events.

Denise Duran reported on a successful Celebrate Brentwood Gala, congratulated the winners, and highlighted upcoming Chamber events.

Olga Vidriales expressed appreciation to Council Member Orelemans, Council Member Pierson and Chief Herbert for attending the Celebrate Brentwood Gala.

Ian stated the traffic light at San Jose Avenue and Fairview Avenue is heavily delayed on recognizing vehicles waiting on San Jose Avenue and expressed disappointment that the Sand Creek Extension ground breaking ceremony was not advertised for public attendance.

Tera Bozzini spoke with concern related to the dog housed at the Brentwood Golf Course and asked the City to look further into this issue and spoke with

2 disapproval of the Planning Commission's approval of the outdoor equipment storage and maintenance yard on the Brentwood Golf Course property.

Carolina Villaseca spoke with appreciation of the landscape maintenance and quick response of a service ticket she submitted and expressed disappointed in the response of the Chief of Police with regard to the Chili Court incident discussed at the previous City Council meeting.

Danny Dohrmann requested a platform where the City can provide resources on what the City and the City Council can or cannot do, expressed disappointment in how the Chili Court incident was handled, and provided comments related to the Planning Department's workload as it relates to development.

D. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Council Member Mendoza reported she attended two meetings of the California Alliance of Local Electeds, a celebration hosted by Senator Glazer honoring Janet Fraizer as Woman of the Year, Nation Night Out, had discussions with residents related to house parties, watched a Contra Costa County meeting regarding an affordable housing bond, watched the Planning Commission meeting, participated in the City Manager and City Attorney reviews, and attended the Sand Creek Extension project ground breaking.

Council Member Pierson reported she participated in the Manager and City Attorney reviews, attended National Night Out events, watched the Planning Commission meeting, attended the Chamber of Commerce's Celebrating Brentwood Gala, and attended the Sand Creek Extension project ground breaking.

Council Member Oerlemans reported he attended a Tri Delta Transit meeting, Chamber of Commerce's Celebrating Brentwood Gala, watched the Planning Commission meeting, attended a celebration hosted by Senator Glazer honoring Janet Fraizer as Woman of the Year, participated as a Judge at the Rock and Rides Car Show, attended Police Activities League board meeting, participated in the City Manager and City Attorney reviews, and attended the Sand Creek Extension project ground breaking.

Vice Mayor Meyer reported she attended the League of Cities East Bay Division meeting, presented at the Liberty Union High School District Annual Convocation, attended the Dream Team Celebration: Shooting for Success, watched the Planning Commission meeting, attended a celebration hosted by Senator Glazer honoring Janet Fraizer as Woman of the Year, National Night Out, California Alliance of Local Electeds meeting, attended the Sand Creek Extension project ground breaking, and participated in the City Manager and City Attorney reviews.

Mayor Bryant reported he attended the Sand Creek Extension ground breaking, the Downtown Business Coalition Rock and Ride Car Show, National Night Out, the Mayors Conference, Tri Delta Transit Committee, and

3 the TRANSPLAN, East Contra Costa Regional Fee and Financing Authority (ECCRFFA), and State Route 4 Bypass Authority meetings.

City Manager Tim Ogden reported that the public is normally welcome and invited to these events, however, due to the location of the Sand Creek project, safety concerns, and limited parking prevented the event from being a publicly open ground breaking.

E. CONSENT CALENDAR
Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Council Member
Adopted the Consent Calendar as recommended by staff.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
E.1 Minutes of the City Council/Successor Agency meeting of July 25, 2023 Approved the Minutes of the City Council/Successor Agency meeting of July 25, 2023.

E.2 Silvergate Communities, LP, off-site public improvements for maintenance
Adopted Resolution 2023-98 accepting off-site O’Hara Avenue and Business Center Drive public improvements for Silvergate Apartments for maintenance, excluding landscaping; accepting the Maintenance Bond; releasing the Improvement Securities and requesting that the City Clerk file this Resolution with the Recorder of Contra Costa County for these improvements, constructed as a part of Silvergate Communities, LP, DR17-003, located south of Sand Creek Road and east of O’Hara Avenue.

F. PUBLIC HEARINGS
F.1 An Extension of Interim Urgency Ordinance implementing Interim Objective Design Standards for residential housing projects in the City of Brentwood, and finding the action exempt from CEQA
Jennifer Hagen presented the item.

Mayor Bryant opened the Public Hearing.

Rod Flohr spoke in support of having specific standards.

4 Danny Dohrmann spoke in support of the item.

There being no one else wishing to speak, it was moved by Council Member Mendoza, seconded by Vice Mayor Meyer to close the Public Hearing, and carried by the following vote:

Ayes (5): Council Member Mendoza, Meyer, Pierson, Oerlemans, and Mayor Bryant
Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted Urgency Ordinance 1060 approving Interim Objective Design Standards, while the City develops a more robust set of residential design and development standards to ensure that projects deliver high-quality design, appropriate site planning and amenities, and are compatible with surrounding neighborhoods and the community.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
F.2 Call for review of the Planning Commission's decision to approve applications for Vesting Tentative Subdivision Map and Design Review for Trumark Trailside
Jennifer Hagen presented the item.

Mayor Bryant opened the Public Hearing.

Pamela Salas Nieting spoke on behalf of the applicant.

Greg Robinson spoke in favor of this project.

There being no one else wishing to speak, it was moved by Council Member Mendoza, seconded by Council Member Pierson to close the Public Hearing, and carried by the following vote:

Ayes (5): Council Member Mendoza, Meyer, Pierson, Oerlemans, and Mayor Bryant
Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
Adopted Resolution 2023-99 approving the Vesting Tentative Map for Subdivision 9610.

5 Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
Adopted Resolution 2023-100 approving Design Review No. 22-006 for Trumark Trailside, to include the following changes:
 Enhance the plan 3 left elevation, per the plans shown at the meeting
 Enhance the rear elevation of the duet units, per the plans shown at the meeting
 All roof materials shall be tile for each plan
 Remove the requirement for the foregoing changes to be brought to the Design Review subcommittee
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
F.3 Continuance of a public hearing for the consideration of ordinances enacting a permanent ban on all oil and gas development operations in the City, and more stringent regulatory control measures for existing oil and gas development in the City.

Director of Community Development Alexis Morris presented the item.

Mayor Bryant opened the public comment period.

Kristel Rietesel, Admin of the Bay Area Clean Air Coalition, submit an e-mail in support of ending oil and gas drilling within the City of Brentwood.

Ian, spoke as a representative of Sunflower Alliance and No Drilling Contra Costa in support of a continuance of the item.

There being no one else wishing to speak, Mayor Bryant closed the public comment period.

6 Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Continued to September 12, 2023, a public hearing for the consideration of ordinances enacting a permanent ban on all oil and gas development operations in the City, and more stringent regulatory control measures for existing oil and gas development in the City.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
G. BUSINESS ITEMS
G.1 2023-2031 (6th Cycle) Draft Housing Element Status Update Senior Planner Jennifer Hagen presented the item.

Mayor Bryant opened the public comment period.

There being no one wishing to speak on the item, Mayor Bryant closed the public comment period.

Moved by: Susannah Meyer, Vice Mayor
Seconded by: Tony Oerlemans, Council Member
Approved proposed revisions to be incorporated into the third Draft Housing Element Update as presented by staff.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
G.2 Report regarding City of Brentwood Joint Use of Facilities Agreements with Brentwood Union School District and Liberty Union High School District
Recreation Manager Thien Nguyen presented the item.

Mayor Bryant opened the public comment period.

7 Greg Robinson suggested setting the public comment period to after Council discussion, so the public has more understanding of the item being discussed.

Mayor Bryant closed the public comment period.

Council invited Liberty Union High School District Superintendent Eric Volta to provide comments.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
The City Council issued the following direction:
 Parks and Recreation staff to update the list of facilities available for joint use with the Brentwood Union School District and the Liberty Union High School District;
 Add the fees associated with the usage of said facilities;  Provide as early as possible in the beginning of the year, the availability of those facilities, including available times and dates;
 Include the process of how the public may obtain access to said facilities;
 Provide a link and updates to school district resources in both the Youth Services page of the City’s website and the City newsletter;
 Develop an action plan in which we can engage our youth by utilizing said joint use facilities.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
H. REQUEST FOR FUTURE AGENDA ITEMS
H.1 NEW REQUEST(S)
Vice Mayor Meyer requested an item to provide suggestions to the County for amendment of codes related to animals being kept outdoors during extreme heat.

Council Member Mendoza requested an item to prepare a local ordinance related to liquor licenses, with the ordinance defining "schools" and regulating proximity to specific use.

8 Council Member Mendoza requested an item to prepare an informational report and potential updates to the Urgency Ordinance related to the moratorium for any new tobacco smoke shop in the City, to include recent approvals and guidelines.

Mayor Bryant requested an item for a draft ordinance related to enclosures for gazing animals used for weed control.

H.2 REQUESTED ITEM(S)
H.2.1 Request from Council Member Pierson related to a Resolution supporting the exoneration of the Port Chicago 50.

Council Member Pierson presented the item.

Mayor Bryant opened the public comment period.

There being no one wishing to speak on this item, Mayor Bryant closed the public comment period.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
Directed staff to prepare a Resolution supporting the exoneration of the Port Chicago 50 and to send a letter to the State and to prepare a Proclamation.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
H.2.2 Request From Council Member Mendoza for staff to present on the Police Department costs assessed for community events, and the Economic Development Grants program procedures.

Council Member Mendoza presented the item.

Mayor Bryant opened the public comment period.

Denise Duran spoke in support of bringing this item forward.

Greg Robinson spoke in support of bringing this item forward.

There being no one else wishing to speak, Mayor Bryant closed the public comment period.

Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Council Member

9 Directed staff to prepare a presentation addressing why event operators are being assessed for Police Department services during special events, including the catalyst for assessing these charges, the identity of the employee who authorized the assessment of these charges, the dollar impact (full time vs. overtime costs) of these special events, and whether the City has to recoup these costs.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
H.2.3 Request from Council Member Mendoza for amendments to the Brentwood Municipal Code to prohibit back yard rentals and regulate parties in residential zones
Council Member Mendoza presented the item.

Mayor Bryant opened the public comment period.

There being no one wishing to speak on the item, Mayor Bryant closed the public comment period.

Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Council Member
Directed staff to review Brentwood Municipal Code (BMC) as it relates to home occupation businesses, review the BMC as it relates to short-term rentals to ensure that the term "residential dwelling unit" includes the backyard, and establish a proactive approach with Community Enrichment and the Police Department as it relates to parties and short-term rental violations.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
H.2.4 Request from Vice Mayor Meyer for a summary of significant housing legislation adopted in 2022 and 2023 and pending and its impact on the City of Brentwood.

Vice Mayor Meyer presented the item.

Mayor Bryant opened the public comment period.

10 There being no one wishing to speak on the item, Mayor Bryant closed the public comment period.

Moved by: Susannah Meyer, Vice Mayor
Seconded by: Jovita Mendoza, Council Member
Approved the expenditure of staff time and resources on the preparation of a summary of significant housing legislation adopted in 2022 and 2023, returning sometime after the legislative session ends.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
I. ADJOURNMENT
Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Susannah Meyer, Vice Mayor
To adjourn the meeting at 9:53pm.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)

PROCLAMATION
WHEREAS, older Americans are significant members of our society, investing their wisdom and experience to help enrich and better the lives of younger generations; and
WHEREAS, the Brentwood Senior Activity Center provides countless hours of support and encouragement to the older residents of Brentwood and East Contra Costa County and acts as a catalyst for mobilizing the creativity, energy, vitality, and commitment to their participants; and WHEREAS, through the wide array of services, programs, and activities, senior centers empower older adults to contribute to their own health and well-being and the health and well-being of their fellow citizens of all ages; and
WHEREAS, the Senior Activity Center in Brentwood affirms the dignity, self-worth, and independence of older persons by facilitating their decisions and actions; tapping their experiences, skills, and knowledge; and enabling their continued contributions to the community; NOW THEREFORE, BE IT PROCLAIMED, that I Joel Bryant,
Mayor of the City of Brentwood, call upon all residents to recognize the special contributions of the senior center participants and the special efforts of the staff and volunteers who work every day to enhance the well-being of the older residents of our community, hereby proclaim September 2.02.3 as National Senior Center Month.

Dated this zznd day of August, 2023

PROCLAMATION
WHEREAS, on September n, zo01, our nation suffered a tragic and unprecedented attack that forever changed the course of our history and the lives of countless individuals; and
WHEREAS, Patriot Day serves as a solemn reminder of the lives lost, the heroism displayed, and the unity that emerged in the face of adversity; and
WHEREAS, this is a time to reflect on the resilience and strength of our nation as we continue to stand united against acts of terrorism and promote the ideals of freedom, democracy, and justice; WHEREAS, on this day, we pay tribute to the victims and their families, and we express our unwavering support for all those who continue to bear the physical and emotional scars of that fateful day; and NOW THEREFORE, BE IT PROCLAIMED, that the City
Council of the City of Brentwood does hereby recognize September n, zoz3 as Patriot Day and encourage all residents to observe this day with respect and solemnity, and to engage in acts of service and kindness as a testament to the strength of the American people.

Dated this zznd day of August, zoz3

CITY COUNCIL AGENDA ITEM NO. E.6
08/22/2023
SUBJECT: An agreement with Governmentjobs.com, Inc. dba NEOGOV to provide Onboard and CoreHR software.

DEPARTMENT: Human Resources
STAFF: Sukari Beshears, Director of Human Resources/Risk Manager

TITLE/RECOMMENDATION
Adopt a Resolution authorizing the City Manager to enter into an agreement with Governmentjobs.com, Inc. dba NEOGOV to provide Onboard and CoreHR software.

This will integrate employee life cycle information, streamline work processes, and create workflow efficiencies within one system.

FISCAL IMPACT
The agreement is funded by the General Fund and includes a three-year term with a total cost of $141,589.70. The FY 2023/24 cost of the agreement is $57,099.50 and is included in the FY 2023/24 General Fund Operating Budget. The remaining cost of the agreement will be included in future Operating Budgets.

BACKGROUND
On June 27, 2023, Council approved the budget for the software purchase during the Mid-Term Operating Budget process. The second step of Council’s approval process is to authorize the City Manager to enter into an agreement to add the software for Onboard and Core HR. This aligns with staff’s vision of process improvement and it creates efficiencies for HR staff and end users.

NEOGOV is an automated employee life cycle platform designed specifically for government agencies. NEOGOV allows ease of reviewing, tracking, and reporting information in real-time. The City currently uses the Applicant Tracking Software (ATS) and the public sector job board. Staff is in the process of implementing the Perform software, a performance and talent management software to streamline the performance evaluation process, identify skill gaps for improvement, and increase overall communication between the employee and supervisor.

CITY COUNCIL AGENDA ITEM NO. E.6
08/22/2023
Onboard will reduce staff time required to input new hire information. New employee data will be migrated from the ATS and reduce repetitive administrative tasks.

Onboard will expedite the onboarding process for new employees. The functionality and layout of Onboard is similar to the ATS that new employees used during the recruitment process, which increases the ease of comfort for end-users completing information online. Human Resources staff can assign and review the documents in real-time.

CoreHR (Benefits) will streamline the benefit enrollment and review process. This portal allows employees to view and update their personal data and benefits elections. This reduces time-consuming requests, automates workflows, streamlines HR processes, and minimizes repetitive administrative tasks. Ultimately, it increases transparency between HR and employees and creates efficiencies.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Exhibit A – NEOGOV Agreement

ATTACHMENT “1”
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.  On June 27, 2023, City Council approved Resolution 2023-89 amending the 2022/23 and 2023/24 Operating Budgets; amending the fund balance commitments in the General Fund; and establishing the Information Systems Supervisor classification and other related actions.

RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD

APPROVING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE YEAR AGREEMENT WITH GOVERNMENTJOBS.COM, INC. DBA
NEOGOV
WHEREAS, on June 27, 2023 the City Council approved the budget amendments for FY 2022/23 – FY 2023/24 that included an increase in professional and contractual services in the Human Resources Department for a one-time software implementation cost; and WHEREAS, the software will allow integration of information on the NEOGOV platforms as well as streamline services for end users and Human Resources; and WHEREAS, the Human Resources Department uses NEOGOV for applicant tracking for City jobs and is in the final implementation stage of performance management platform; and WHEREAS, the software implementation will result in one integrated solution for onboarding and benefits with the applicant tracking and performance management platforms.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby authorize and approve the City Manager to enter into a three year agreement with Governmentjobs.com, Inc. dba NEOGOV.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on August 22, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Joel Bryant
Mayor
ATTEST:
____________________________________
Margaret Wimberly, MMC
City Clerk

CITY COUNCIL AGENDA ITEM NO. E.7
08/22/2023
SUBJECT: Initiating and declaring the intention to order the formation of Landscape & Lighting Assessment District No. 23-1
DEPARTMENT: Parks and Recreation
STAFF: Bruce Mulder, Director of Parks and Recreation
Aaron Wanden, Park Maintenance Manager

TITLE/RECOMMENDATION
Adopt a resolution initiating and declaring the intention to order the formation of Landscape & Lighting Assessment District No. 23-1 (Orchard Grove); declaring the intention to levy and collect assessments; and setting the date of September 26, 2023, at 7:00 p.m. or at such time thereafter that the matter can be heard for the Public Hearing in accordance with the provisions of the Streets and Highways Code “Landscaping and Lighting Act of 1972” and California Proposition No. 218.

FISCAL IMPACT
Upon build-out, the City will have authorization to collect the maximum annual assessment revenue of approximately $80,130 (in FY 2023-24 dollars) from the residential parcels within the Orchard Grove project. This maximum annual assessment revenue will be increased each fiscal year based upon the prior year’s change in the San Francisco Bay Area Urban Wage Earners Consumer Price Index and will fund the special benefit portion of the maintenance, operation, servicing, replacement, and administration expenses associated with City improvements that benefit the project. The annual general benefit portion of these costs of approximately $3,100 will be funded by the General Fund.

To ensure the Landscape & Lighting Assessment Districts are self-supporting, each district has an administrative cost factored into the maximum assessment rate during formation to cover creation of annual Engineer’s Reports and levying of assessments. Funds to cover the costs associated with the formation of the Landscape & Lighting District have been deposited with the City by the developer.

BACKGROUND
The proposed formation of Landscape & Lighting Assessment District No. 23-1 (Orchard Grove) will consist of 45 single-family residential homes and six duets located east of Adams Lane and north of Gracie Lane. The project is conditioned to provide a funding mechanism to offset the annual operation, maintenance, and future capital replacement costs attributed to City streetlights,

CITY COUNCIL AGENDA ITEM NO. E.7
08/22/2023
landscaping, open space areas, trails, and park improvements which benefit the properties located within the project.

The Landscaping and Lighting Act of 1972 and Proposition 218 require that an Engineer’s Report be generated for the formation of any new assessment district or any annexations into existing assessment districts. The Engineer’s Report identifies public improvements to be maintained, as well as the maximum annual assessment rates to be levied on properties benefiting from these improvements. The assessment rates may or may not change each fiscal year, dependent on the maintenance budget, but cannot exceed the maximum annual assessment amount set when the assessment district was originally formed, plus an annual cost of living adjustment. This report will set the maximum annual assessment rate for the new assessment district being proposed.

The Landscaping and Lighting Act of 1972 and Proposition 218 require that all formations of assessment districts receive voter approval, by the affected property owner(s), and a Public Hearing be held, prior to final approval from City Council. The adoption of the attached resolution will trigger the noticing and balloting period and the mailing of these notices and ballots to the affected property owner(s). In order for the ballots to be counted they must be returned to the City Clerk prior to the close of the public input portion of the Public Hearing, which will be held on September 26, 2023. At the close of the public input portion of the Public Hearing, the ballots will be tabulated, and the City Clerk will determine if a majority of property owners do not oppose the formation of Landscape & Lighting Assessment District No. 23-1 (Orchard Grove). If a majority of property owners are not opposed, City Council may adopt a resolution confirming the diagram and assessments to form Landscape & Lighting Assessment District No. 23-1 (Orchard Grove).

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

CITY COUNCIL AGENDA ITEM NO. E.7
08/22/2023

1. Previous Action

2. Resolution

3. Preliminary Engineer’s Report – LLAD 23-1 (Orchard Grove)

PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

Actions were taken in previous years to form the City’s 66 existing Landscape & Lighting Assessment Districts.

On March 14, 2023, by Resolution No. 2023-35, City Council designated Francisco & Associates, Inc. as the Engineer of Work for Fiscal Year 2023-24.

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD

INITIATING AND DECLARING THE INTENTION TO ORDER THE FORMATION OF LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 23-1 (ORCHARD GROVE); DECLARING THE INTENTION TO LEVY AND COLLECT
ASSESSMENTS, AND SETTING THE DATE OF SEPTEMBER 26, 2023, AT 7:00 P.M. OR AT SUCH TIME THEREAFTER THAT THE MATTER CAN BE HEARD FOR

THE PUBLIC HEARING IN ACCORDANCE WITH THE PROVISIONS OF THE STREETS & HIGHWAYS CODE “LANDSCAPING AND LIGHTING ACT OF 1972” AND CALIFORNIA PROPOSITION 218.

WHEREAS, as required by Section 22585 of the California Streets and Highways Code, the City Council of the City of Brentwood is to adopt a resolution initiating proceedings in which it proposes the formation of an assessment district under the Landscaping and Lighting Act of 1972, describing the improvements of the proposed district, describing the proposed assessment district and specifying the distinctive designation of the district as Landscape & Lighting Assessment District No. 23-1 (Orchard Grove), and ordering the preparation of an Engineer’s Report to determine the annual levy of assessments for the district; and WHEREAS, as required by Section 22586 of the California Streets and Highways Code, and in accordance with provisions of the Landscaping and Lighting Act of 1972, the Engineer of Work has filed a Preliminary Engineer’s Report for Landscape & Lighting Assessment District No. 23-1 (Orchard Grove) for Fiscal Year 2023-24 with the City Clerk; and WHEREAS, as required by Section 22587 of the California Streets and Highways Code, the City Council of the City of Brentwood is to adopt a resolution of intention which declares the City Council’s intention to order the formation of Landscape & Lighting Assessment District No. 23-1 (Orchard Grove) for Fiscal Year 2023-24; declares the intention to levy and collect assessments; and gives notice of the time and place for a hearing by the City Council regarding the formation of Landscape & Lighting Assessment District No. 23-1 (Orchard Grove).

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

1. Hereby initiates and declares its intention to order the formation of Landscape & Lighting Assessment District No. 23-1 (Orchard Grove), and declares its intention to levy and collect assessments in said Assessment District.

2. Finds that the improvements to be made in this Assessment District are generally described as the operation, maintenance and servicing of landscaping, irrigation, parks, lighting, and associated facilities located in and along arterial and collector streets and within other public areas as referenced in the Preliminary Engineer’s Report for the Fiscal Year 2023-24 on file with the City Clerk. All interested persons are referred to the Preliminary Engineer’s Report for a full and detailed description of the improvements, the boundaries of the assessment district and the proposed assessments upon assessable lots and parcels of land within the assessment district.

3. Declares that on September 26, 2023, at 7:00 p.m., or as soon thereafter as the matter may be heard, it will conduct a Public Hearing on the question of the formation of Landscape & Lighting Assessment District No. 23-1 (Orchard Grove) and the levy of proposed annual assessments upon the assessable lots and parcels of land within

the Assessment District. The meeting and hearing will be held at the City Council Chambers, 150 City Park Way, Brentwood, California. Property owners may submit, revise, or withdraw ballots by appearing at the City Council Chambers, 150 City Park Way, Brentwood, California, during the course of the hearing for this agenda item.

Ballots may also be submitted by mail to the same address. Public participation is anticipated to be available via Zoom, telephone, or email, as will be enumerated in the agenda for the City Council meeting of September 26, 2023.

4. Authorizes and asks that the City Clerk give the notice of Public Hearing required by the Landscaping and Lighting Act of 1972 and Proposition 218.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 22nd day of August 2023 by the following vote:

Landscaping and Lighting
Assessment District 23-1
Orchard Grove
Fiscal Year 2023-24
Preliminary Engineer’s Report
August 22, 2023

Formation of LLAD No. 23-1 (Orchard Grove)
Engineer’s Report Fiscal Year 2023-24 TABLE OF CONTENTS i
Page No.

City Directory.........................................................................................................ii Certificates............................................................................................................iii SECTION I Introduction .................................................................................... 1 SECTION II Impacts of Proposition 218............................................................. .3 SECTION III Engineer’s Report ........................................................................... 5 Part A - Plans and Specifications............................................................... 7 Part B - Estimate of Cost ........................................................................... 9 Part C - Assessment District Diagram...................................................... 11 Part D - Method of Apportionment of Assessment................................... 13 Part E - Property Owner List & Assessment Roll ..................................... 28 Appendix A – Maximum Assessment Roll .........................................................A-1 Appendix B – Benefit Boundary Diagrams ........................................................B-1

Formation of LLAD No. 23-1 (Orchard Grove)
Engineer’s Report Fiscal Year 2023-24 CITY DIRECTORY
ii

CITY OF BRENTWOOD

FORMATION OF LANDSCAPE & LIGHTING
ASSESSMENT DISTRICT No. 23-1
(ORCHARD GROVE)
FISCAL YEAR 2023-24

CITY COUNCIL MEMBERS AND CITY STAFF
Joel R. Bryant
Mayor
Susannah Meyer Jovita Mendoza
Vice Mayor Council Member
Pa'tanisha Pierson Tony Oerlemans
Council Member Council Member
Tim Ogden
City Manager
Allen Baquilar Margaret Wimberly
Interim City Engineer City Clerk
Kerry Breen Bruce Mulder
Director of Finance & Information Systems Director of Parks & Recreation Francisco & Associates
Assessment Engineer

Formation of LLAD No. 23-1 (Orchard Grove)
Engineer’s Report Fiscal Year 2023-24 CERTIFICATES
iii

ENGINEER'S REPORT

CITY OF BRENTWOOD
FORMATION OF LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 23-1 (ORCHARD GROVE)
FISCAL YEAR 2023-24
The undersigned, acting on behalf of Francisco & Associates, respectfully submits the enclosed Engineer’s Report as directed by the City of Brentwood City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution and provisions of the Landscaping and Lighting Act of 1972 commencing with Section 22500 et. seq. of the California Streets and Highways Code. The undersigned certifies that he is a Professional Engineer, registered in the State of California.

Dated: August 2, 2023 By:

Eduardo Espinoza, P.E.

CE No. 83709
I HEREBY CERTIFY that the Engineer’s Report, together with the Assessment Roll and Assessment District Diagram thereto attached was filed with me on the ___________ day of _________, 2023.

Margaret Wimberly, City Clerk
City of Brentwood
Contra Costa County, California
By:

I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and the Assessment District Diagram thereto attached, was approved and confirmed by the City Council of the City of Brentwood, Contra Costa County, California, on the ____ ________day of ________, 2023
Margaret Wimberly, City Clerk
City of Brentwood
Contra Costa County, California
By:

Formation of LLAD No. 23-1 (Orchard Grove) SECTION I
Engineer’s Report Fiscal Year 2023-24 INTRODUCTION
1 SECTION I

INTRODUCTION
ENGINEER’S REPORT
FORMATION OF LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 23-1 (ORCHARD GROVE)
FISCAL YEAR 2023-24
To ensure the proper flow of funds for the ongoing operation, maintenance, servicing and replacement of specific improvements within the City of Brentwood (the “City”), the City Council, through the Landscaping and Lighting Act of 1972, has previously approved the formation of sixty-six (66) Landscape & Lighting Assessment Districts (LLADs) and is currently proposing the formation of one (1) additional LLAD, which is the purpose of this Report. Improvements, which may be operated, maintained, serviced, and replaced by the LLADs, include, but are not limited to, landscaping, park, streetlighting, and trail improvements.

Generally, as a part of the conditions of approval to develop property within the City, property owners/developers are required to mitigate their project’s financial impact to the City. Developers can provide their own financing mechanism to mitigate their impacts or they can form a new LLAD or when applicable, annex into an existing LLAD. The formation of these LLADs ensure that the operation, maintenance, servicing and replacement costs of these improvements are specifically paid for by those property owners who directly benefit from the improvements.

If formed, LLAD No. 23-1 (the “District”) will include the Orchard Grove development which will consist of 45 single-family homes and six duets at build-out. In order to form the District, it will require approval from the District property owner(s), prior to final approval from City Council. This process is discussed in Section II, ‘Impacts of Proposition 218’ of this Report.

As required by the Landscaping and Lighting Act of 1972, the Engineer’s Report includes:
(1) a description of the improvements to be operated, maintained, serviced and replaced by the District, (2) a cost estimate for the District, and (3) a listing of the proposed maximum assessments to be levied upon each assessable lot or parcel within the District.

The City of Brentwood will hold a public hearing on September 26, 2023, regarding formation of the District. At the public hearing the City will provide an opportunity for any interested person to be heard. After the public input portion of the public hearing, the City Clerk will tabulate the assessment ballots. If the assessment ballot tabulation is favorable, the City Council may adopt a resolution forming the District and confirming the maximum assessment rates as originally proposed or as modified.

Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds

Formation of LLAD No. 23-1 (Orchard Grove) SECTION I
Engineer’s Report Fiscal Year 2023-24 INTRODUCTION
2 collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this Report.

Formation of LLAD No. 23-1 (Orchard Grove) SECTION II
Engineer’s Report Fiscal Year 2023-24 PROPOSITION 218
3 SECTION II
IMPACT OF PROPOSITION 218
FORMATION OF LIGHTING & LANDSCAPE ASSESSMENT DISTRICT No. 23-1 (ORCHARD GROVE)
FISCAL YEAR 2023-24
On November 5, 1996, California voters approved Proposition 218 entitled "Right to Vote On Taxes Act" which added Articles XIIIC and XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 established new procedural requirements for the formation and administration of assessment districts.

These procedures stipulate that even if assessments are initially exempt from Proposition 218, new or future increases in assessments must comply with the provisions of Proposition 218. However, if the increase in assessment was anticipated in the property owner approved assessment formula (e.g., CPI increase or assessment cap) then the assessment increase is compliant with the intent and provisions of Proposition 218.

In order to form the District, it will require voter approval from the District property owner(s), prior to final approval from City Council. In order to comply with the requirements of Proposition 218, the City of Brentwood has implemented the following procedures:
1) Every property owner within the District will be mailed a ballot, which allows the property owners to cast their votes either in favor or against the proposed formation of the assessment district. A notice describing the assessment, the individual property owner’s maximum annual assessment rate, the duration of the assessment, the reason for the assessment, and the basis upon which the assessment is calculated will accompany the ballots.
2) After the close of the public input portion of the public hearing, the ballots, which have been returned to the City Clerk will be tabulated to determine whether a majority protest against the formation of the District exists. 3) When tabulating the assessment ballots, they will be weighted based on their proportionate maximum assessment amount.
4) Publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the improvements. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, utility easements, and that portion of public property that is not used for business purposes similar to private residential,

Formation of LLAD No. 23-1 (Orchard Grove) SECTION II
Engineer’s Report Fiscal Year 2023-24 PROPOSITION 218
4 commercial, industrial and institutional activities. Also exempted from the assessments are private streets, utility easements, HOA common areas (except club houses, community centers, parking lots, etc.) and any other parcels that do not receive a special and direct benefit from the improvements.

All property owners will be noticed in accordance with Proposition 218 a minimum of 45 days prior to the public hearing, unless a shorter notice period is agreed to by all affected property owners. After the public hearing and after the ballots have been tabulated, if a majority of the weighted ballots are in favor of the assessment, then the City Council may adopt a resolution forming the District and confirming the maximum assessment rate.

Formation of LLAD No. 23-1 (Orchard Grove) SECTION III
Engineer’s Report Fiscal Year 2023-24 ENGINEER'S REPORT 5 SECTION III

ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972
SECTION 22500 THROUGH 22679

OF THE CALIFORNIA STREETS AND HIGHWAYS CODE
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California), Proposition 218 and in accordance with the Resolution of Intention, being Resolution No. 2023-___, accepting the Preliminary Engineer’s Report, adopted by the City Council of the City of Brentwood, on August 22, 2023, and in connection with the proceedings for:

CITY OF BRENTWOOD
FORMATION OF LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 23-1 (ORCHARD GROVE)
FISCAL YEAR 2023-24
Herein after referred to as the “District", I, Eduardo Espinoza, the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS
This part describes the improvements in the District. Plans and specifications for the improvements are as set forth on the lists thereof, attached hereto, and are on file in the Office of the Parks & Recreation Department and are incorporated herein by reference.

PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements, including incidental costs and expenses in connection therewith, is as set forth on the lists thereof, attached hereto, and is on file in the Office of the Parks & Recreation and Engineering Department.

PART C: ASSESSMENT DIAGRAM
This part incorporates by reference a diagram showing the exterior boundaries of the District and the lines and dimensions of each lot or parcel of land within the District. The diagram has been prepared by the Engineer of Work and is on file in the Office of the Brentwood City Clerk. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Contra Costa County Assessor for the year when this Report was prepared. The Assessor's maps and records are incorporated by reference herein and made part of this Report.

Formation of LLAD No. 23-1 (Orchard Grove) SECTION III
Engineer’s Report Fiscal Year 2023-24 ENGINEER'S REPORT 6 PART D: METHOD OF APPORTIONMENT OF ASSESSMENT
This part contains the method of apportionment of assessments, based upon parcel classification of land within the District, in proportion to the estimated benefits to be received.

PART E: PROPERTY OWNER LIST & ASSESSMENT ROLL
This part contains a list of the Contra Costa County Assessor’s Parcel numbers, and the maximum amount to be assessed upon the benefited lands within the District. The Assessment Roll is filed in the Office of the Brentwood City Clerk and is incorporated in this Report by reference. The list is keyed to the records of the Contra Costa County Assessor, which are incorporated herein by reference.

Formation of LLAD No. 23-1 (Orchard Grove) SECTION III
Engineer’s Report Fiscal Year 2023-24 PART A
7 PART A

PLANS AND SPECIFICATIONS
The facilities, constructed that benefit the District, and those which may be subsequently operated, maintained, serviced, and replaced are generally described as follows:

The operation, maintenance, servicing and replacement of streetlighting, landscaping, walls, monuments, trails, parks, open space areas, and associated facilities including but not limited to; personnel, electrical energy, utilities such as water, materials, contractual services, and other items necessary for the satisfactory operation, maintenance, servicing and replacement of the facilities as described below.

Streetlighting Facilities Along Arterial and Major Roadways Median and roadside street lights located along arterial and major roadways as shown on the Arterial and Major Roadway Benefit Boundary Diagram (Appendix page B-2) and described in Table 2 of this Report consist of, but are not limited to poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices, utilities and other appurtenant facilities within the public rights-of-way and easements benefitting parcels within the boundaries of the District.

Landscaping Facilities Along Arterial and Major Roadways Median and roadside landscaping facilities located along arterial and major roadways as shown on the Arterial and Major Roadway Benefit Boundary Diagram (Appendix page B2) and described in Table 3 of this Report consist of, but are not limited to landscaping, irrigation, planting, shrubbery, ground cover, trees, pathways, hardscapes, walls, fences, utilities, and other appurtenant facilities required to provide landscaping within the public rights-of-way and easements benefitting parcels within the boundaries of the District.

Parks Facilities
Community and neighborhood parks and open space facilities as shown on the Parks Benefit Boundary Diagram (Appendix page B-3) and described in Table 4 of this Report consist of, but are not limited to parks, open space, drainage areas, creeks, ponds, pathway materials, landscaping, trees, shrubbery, sidewalks, tot lots, park equipment, playgrounds, fences, etc. including the removal of trash and debris, and other appurtenant facilities within the public park areas, public rights-of-way, and easements benefitting parcels within the boundaries of the District.

In-Tract Streetlighting Facilities
In-tract streetlights located along in-tract roadways of the District are shown on the InTract Benefit Boundary Diagram (Appendix page B-4) and described in Table 5 of this

Formation of LLAD No. 23-1 (Orchard Grove) SECTION III
Engineer’s Report Fiscal Year 2023-24 PART A
8 Report consist of, but are not limited to poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices, utilities and other appurtenant facilities within the public rights-of-way and easements benefitting parcels within the boundaries of the District.

In-Tract Landscaping Facilities
In-tract landscaping facilities located within or adjacent to the District are shown on the In-Tract Benefit Boundary Diagram (Appendix page B-4) and described in Table 6 of this Report consist of, but are not limited to landscaping, irrigation, planting, shrubbery, ground cover, trees, pathways, hardscapes, walls, monuments, fences, utilities, and other appurtenant facilities required to provide landscaping within the public rights-of-way and easements benefitting parcels within the boundaries of the District.

Trail Facilities
Maintenance of trail facilities as shown on the Trail Benefit Diagram (Appendix page B-5) and described in Table 7 of this report consist of, but are not limited to: operation, maintenance, servicing, and replacement of open space areas, trails, etc. including landscaping, irrigation, hardscapes, pathway materials, removal of trash and debris, and other appurtenant facilities within the public rights-of-way and easements that benefit parcels within the boundaries of the District.

Formation of LLAD No. 23-1 (Orchard Grove) SECTION III
Engineer’s Report Fiscal Year 2023-24 PART B
9 PART B

ESTIMATE OF COST
The 1972 Act requires that a special fund be set up for the collection of revenues and expenditures of each LLAD. The Act provides that the total cost of operation, maintenance, servicing and replacement of the street lighting, landscaping, trails, parks, open space areas, and associated facilities, etc. can be recovered by each LLAD.

Incidental expenses including administration of the LLADs, engineering fees, legal fees and all other associated costs of the District can also be included.

Table No. 1 on the following page shows the total operation, maintenance, servicing, and replacement budgets upon completion of all improvements which could be assessed against the benefiting parcels within the District in FY 2023-24 dollars.

Formation of LLAD No. 23-1 (Orchard Grove) SECTION III
Engineer’s Report Fiscal Year 2023-24 PART B
10 Revenues collected from the assessment shall be used only for the purposes as stated herein. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year.

FY 2023-24 LLAD Other Other Non- General
Improvement Type Cost No. 23-1 LLAD Parcels 1 LLAD Parcels 2 Benefit 3 Arterial Streetlighting $385,961.80 $773.77 $292,094.36 $82,238.49 $10,855.18 Arterial Landscaping $4,112,187.60 $9,371.34 $3,537,633.52 $498,006.26 $67,176.48 Community and Neighborhood Parks $8,958,874.15 $10,852.98 $7,642,565.91 $1,000,984.64 $304,470.62 In-Tract Streetlighting4 $2,550.00 $2,499.00 N/A N/A $51.00 In-Tract Landscaping4 $37,134.50 $36,391.81 N/A N/A $742.69 Trail Landscaping $1,051,394.15 $8,574.12 $844,901.89 $124,320.55 $73,597.59 Maintenance Subtotal $14,548,102.20 $68,463.02 $12,317,195.68 $1,705,549.94 $456,893.56 Local In-Tract Reserves
Capital Reserves5 $7,778.16 $7,778.16 NA NA NA
Operating Reserves/Contingency5 $4,047.82 $3,889.08 NA NA $158.74 Reserves Subtotal $11,825.98 $11,667.24 NA NA $158.74
Total $14,559,928.19 $80,130.26 $12,317,195.68 $1,705,549.94 $457,052.30 1 This represents the special benefit amounts allocated to parcels located within other existing City of Brentwood LLADs. These amounts will be paid for by parcels located within those LLADs.
2 This represents the special benefit amounts allocated to parcels not located within existing City of Brentwood LLADs. These amounts will be funded by the City's General Fund or by some other non-LLAD funds until new development occurs on these parcels. 3 General Benefit will be funded by the City's General Fund or by some other non-LLAD funds. 4 Incidental costs such as County Collection Fees, Assessment Engineering, and City Administration costs have been applied exclusively to in-tract improvements and are included in the cost estimate shown for In-Tract Street Lighting and In-Tract Landscaping. 5 The Operating and Capital Reserves shown above only apply to In-Tract Improvements. Since the City transfers funds to LLAD No. 23-1 on July 1, there is no need to collect operating reserves from Other Non-District Parcels and the General Fund.

Table No. 1 - LLAD No. 23-1 Cost Estimate (FY 2023-24 Dollars) Special Benefit

Formation of LLAD No. 23-1 (Orchard Grove) SECTION III
Engineer’s Report Fiscal Year 2023-24 PART C
11 PART C

ASSESSMENT DISTRICT DIAGRAM
The boundaries of the District are completely within the boundaries of the City of Brentwood. The Assessment Diagram is on file in the Office of the City Clerk of the City of Brentwood and shown on the following page of this Report. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Contra Costa County Assessor, for the year when this Report was prepared, and are incorporated by reference herein and made part of this Report.

A reduced copy of the Assessment Diagram for the District is included on the following page.

LLAD No. 23-1 (Orchard Grove) Assessment District Boundary Diagram ¯
City of Brentwood
Vicinity Map
(not to scale)
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Formation of LLAD No. 23-1 (Orchard Grove) SECTION III
Engineer’s Report Fiscal Year 2023-24 PART D
13 PART D

METHOD OF APPORTIONMENT OF ASSESSMENT
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which includes, but is not limited to the operation, maintenance, servicing and replacement of street lighting, landscaping, trails, park, and open space area facilities.

Section 22573 of the Landscape and Lighting Act of 1972 requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements.”
In addition, Article XIIID, of the California Constitution limits the amount of any assessment to the proportional “special benefit” conferred on the property. Article XIIID provides that only special benefits are assessable, and the City must separate the general benefits from the special benefits conferred on a parcel. There is no widely accepted or statutory formula for determining general and special benefit. However, the constitution states that a special benefit is different from a general benefit in that it is “particular and distinct” and “over and above” general benefits received by other properties.

Article XIIID provided that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, utility easements, and that portion of public property that is not developed and used for business purposes similar to private residential, commercial, industrial and institutional activities.

The amount to be assessed may be apportioned by any formula or method which fairly distributes the amount among all assessable lots or parcels. Additionally, it’s required that the City separate the general benefits from the special benefits, because only special benefits may be assessed.

ASSESSMENT METHODOLOGY
The operation, maintenance, servicing and replacement costs for the landscaping, streetlighting, parks, open space areas, and trail facilities are apportioned in accordance with a methodology that is consistent with standard assessment engineering practices.

Formation of LLAD No. 23-1 (Orchard Grove) SECTION III
Engineer’s Report Fiscal Year 2023-24 PART D
14 Since the assessments are levied on the owners of properties as shown on the secured property tax rolls, the final assessments must be assigned by Assessor's Parcel Number.

If assessments were to be allocated by parcel, not considering land use, benefit would not be allocated accurately, because a single-family parcel would be paying the same as a 50-unit apartment parcel or a large commercial establishment. Therefore, as previously stated, the total assessment costs are allocated to each parcel of land based on the benefit received by each parcel. The assessment methodology is based on Equivalent Dwelling Units (EDUs) as discussed below.

Single-Family Residential Parcels - The single-family residential parcel has been selected as the basic unit for the calculation of assessments since it represents approximately 90% of the parcels within the City. Therefore, the single-family residential parcel is defined as one EDU per parcel. The assessment methodology used to assign EDUs to other land uses in proportion to the special benefit they receive relative to the single-family residential parcel is discussed below.

Condominium, Duet, Townhome and Mobile Home Parcels - Condominiums, duets, townhomes, and mobile homes on average have approximately 75% of the building square footage compared to a single-family home. Furthermore, studies consistently show that these types of residential products impact public infrastructure approximately 75% as much as a single-family residential parcel. Therefore, all condominium, townhome and mobile home parcels are assessed 0.75 EDUs per parcel.

Multi-Family Residential Units - Multi-family residential units on average have approximately 50% of the building square footage compared to a single-family home.

Furthermore, studies consistently show that multi-family residential units impact public infrastructure approximately 50% as much as a single-family home. Therefore, all multifamily parcels are assessed 0.50 EDUs per unit.

Non-Residential Parcels - Commercial, industrial, institutional, and other non-residential properties are assessed at three (3) EDUs per acre of land. The 3.00 EDU per acre allocation is based upon the average size of a single-family parcel in the City of Brentwood which is approximately 1/6 of an acre. For every acre of non-residential land approximately 6 single-family homes could be constructed on that acre of land which would equate to 6.00 EDUs per acre. Furthermore, it was determined that NonResidential parcels benefit less than residential properties from the authorized improvements because their employees have less time and opportunity to use and benefit from the improvements, than residents who live within the City. Employees typically benefit or may use the improvements before work, during breaks and at lunch, or after work. Residents have the ability to use the improvements during the same times and on weekends and holidays, since they reside in the area. Based on this information, it is reasonable to assume that for non-residential property the opportunity to use and benefit from the improvements is approximately 50% of that realized by residential properties.

Therefore, EDUs assigned to non-residential property are assessed three (3) EDUs per acre of land because they have been discounted by 50% to account for the differences in benefit from improvements conferred on residential and non-residential property.

Formation of LLAD No. 23-1 (Orchard Grove) SECTION III
Engineer’s Report Fiscal Year 2023-24 PART D
15 Undeveloped Parcels – All undeveloped properties are assessed at 25% of the developed EDUs assigned for each parcel of land based on the properties land use classification.

Undeveloped properties benefit less from the improvements than developed property because undeveloped properties do not have structures which house residents or utilize employees. However, the improvements funded by the City’s LLADs do benefit undeveloped property because improvements have already been installed that allows for development to occur and to use the improvements immediately upon the initiation of development making the property more attractive. Based on this information, it is reasonable to assume that undeveloped property benefits less than developed property.

To determine the difference in special benefit conferred on developed and undeveloped property, the Contra Costa County Assessor’s assessed values for property within the City were reviewed to determine what percentage of assessed value is typically associated with the underlying land and what percentage is typically associated with the structure. Based upon the review, it was determined that approximately 25% of the assessed value of developed property in the City is associated with the underlying land.

Based on the comparison of benefits of developed property to undeveloped property it is reasonable to assess the undeveloped property at 25% of the rate for developed property.

Therefore, EDUs assigned to undeveloped residential and non-residential property have been discounted by 75% to account for the differences in benefit from improvements conferred on developed and undeveloped property.

Exempt Parcels - Publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the improvements. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways (all of which are typically not assigned an APN by the County), and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial, and institutional activities (such as office buildings like a City Hall, etc.). Also exempted from the assessment would be utility rights-of-ways, common areas (such as in condominium complexes), and any other property that is deemed to be unable to develop by the City. These types of parcels do not benefit from the improvements. Also exempted from the assessments are private streets, utility easements, HOA common areas (except club houses, community centers, parking lots, etc.) and any other parcels that do not receive a special and direct benefit from the improvements.

Furthermore, parcels within the District may be assessed as developed once the final maps have been approved by the City of Brentwood and/or it is anticipated that improvements will need to be maintained or reserve funds will need to be collected for the ensuing fiscal year.

Formation of LLAD No. 23-1 (Orchard Grove) SECTION III
Engineer’s Report Fiscal Year 2023-24 PART D
16 QUANTIFICATION OF BENEFIT
The District will provide a funding source for the operation, maintenance, servicing and replacement of streetlighting, landscaping, park, and open space area facilities authorized under the statute that benefit properties within the boundaries of the District. As previously discussed, it’s required that the City separate the general benefits from the special benefits, because only special benefits may be assessed. In order for the City to separate out the costs associated with general and special benefits for each improvement type, an analysis of each improvement was conducted as described below.

Streetlighting Along Arterial and Major Roadways
Streetlighting located along the City’s arterial and major roadways provide a benefit to parcels inside and outside the City. The benefits from streetlights are enhanced illumination which allows for:
• Safer vehicle and pedestrian access to and from property. • Enhanced deterrence of criminal or suspicious activity such as property theft, vandalism, criminal acidity, illegal dumping, and damage to improvements and property.
• Improved ability of pedestrians and motorists to see. • Improved traffic circulation and reduced nighttime accidents and personal property loss.
• Increased nighttime visibility resulting in enhanced safety on roads, streets, and in public areas.

To determine which properties benefit from streetlighting along the City’s arterial and major roadways a benefit analysis was performed. The analysis utilized Google Maps to determine which arterial and major roadways within the City were most likely to be used by property owners/residents when driving or walking to various destinations inside and outside of the City. The analysis showed that all properties within the City would utilize the City’s arterial and major roadway system when traveling to destinations within the City or to other cities and communities. The analysis also found that there are additional properties located outside the City limits that would utilize the City’s arterial and major roadway system when traveling through the City to various destinations outside the City.

Vehicular or pedestrian traffic flow commencing outside of the City but traveling to a destination inside the City was determined to be a special benefit to the destination parcel within the City. The analysis used each parcel’s physical location as a starting destination and then selected ending destinations were inputted (e.g., neighboring cities or communities surrounding the City of Brentwood). If Google Maps showed the property owner/resident located outside the City would pass through and utilize the City’s arterial and major roadway system to travel to a destination outside of the City, then they were considered to receive a benefit from the City’s arterial and major roadway system. In addition, the analysis showed that most parcels outside of the City did not benefit from the improvements because they did not utilize the City’s roadways to travel to a destination parcel outside of the City, but would in most circumstances, if not all rather

Formation of LLAD No. 23-1 (Orchard Grove) SECTION III
Engineer’s Report Fiscal Year 2023-24 PART D
17 utilize Highway 4 to traverse the City or use an alternative route, therefore circumventing the City’s arterial and major roadways.

In addition to the special and direct benefits the property owners within the City receive from these enhanced streetlighting improvements, there are also some incidental general benefits received by vehicular and pedestrian flow-through traffic (traffic that does not stop within the City) which originates from properties outside the City limits from individuals who use the City’s arterial and major roadway system to travel to another destination outside of the City. It has been determined that some properties not located within the City, north of the City limits, utilize arterial and major roadways within the City when traveling to destinations south of the City and that some properties not located within City, south and east of the City limits, utilize arterial and major roadways within the City when traveling to a destination north of the City. Properties meeting these criteria have been identified and such benefits must be accounted for and cannot be assessed to the properties within the City’s LLADs.

To quantify and separate the special benefits received by property owners within the City limits and the general benefit received by the property owners outside the City, EDUs were assigned to all benefitting properties (both inside and outside the City). The analysis resulted in a benefit boundary being drawn and EDUs being assigned to one of three categories of parcels: special benefits assigned to properties that lie within the City and not in a LLAD, special benefits assigned to properties that lie within the City and in a LLAD, and general benefits assigned to properties that lie outside the City. The aggregated EDU assignments for each categorization of property determined that 2.81% of the EDUs were attributed to properties located outside of the City. Therefore, it is estimated that 97.19% of the annual cost to operate, maintain, service and replace the arterial and major roadway streetlighting would be a special and direct benefit to the parcels within the City and 2.81% of the annual cost to operate, maintain, service and replace the arterial and major roadway streetlighting would be a general benefit.

Streetlighting Along Arterial and Major Roadway Cost Allocation The 1,396 roadside and median streetlights located along arterial and major roadways within the Arterial and Major Roadway Benefit Boundary cost approximately $386,000 per year to maintain in FY 2023-24 dollars. The cost to maintain the streetlighting along the arterial and major roadways are spread to all benefitting parcels identified within the Arterial and Major Roadway Benefit Boundary. The parcels identified to be within the Arterial and Major Roadway Benefit Boundary equate to 24,640 EDUs which results in an annual cost allocation of $15.63 per EDU in FY 2023-24 dollars. As previously discussed,

97.19% of the annual cost to operate and maintain the streetlights would be a special and direct benefit to the parcels within the Arterial and Major Roadway Benefit Boundary.

Table No. 2 shows the streetlight cost allocation associated with arterials and major roadways.

Formation of LLAD No. 23-1 (Orchard Grove) SECTION III
Engineer’s Report Fiscal Year 2023-24 PART D
18 Landscaping Along Arterial and Major Roadways
Landscaping located along the City’s arterial and major roadways provide a benefit to parcels within and outside the City. The benefits from landscaping include enhanced beautification which allows for:
• Enhanced desirability of property through association with the improvements. • Improved aesthetic appeal of properties providing a positive representation of the area and properties.
• Enhanced beautification to the adjacent developments. • Increased sense of pride in ownership of property within the LLADs resulting from well-maintained improvements associated with the properties. • Enhanced quality of life through well-maintained green space and landscaped areas.
• Reduced criminal activity and property-related crimes (especially vandalism) against properties in the LLADs through well-maintained surroundings and amenities including abatement of graffiti.
• Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention.
• Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation, and attenuating noise.

To determine which properties benefit from landscaping along the City’s arterial and major roadways a benefit analysis was performed. The analysis utilized Google Maps to determine which arterial and major roadways within the City were most likely to be used by property owners/residents when driving or walking to various destinations inside and outside of the City. The analysis showed that all properties within the City would utilize the City’s arterial and major roadway system when traveling to destinations within the City or to other cities and communities. The analysis also found that there are additional properties located outside the City limits that would utilize the City’s arterial and major roadway system when traveling through the City to various destinations outside the City.

Vehicular or pedestrian traffic flow commencing outside of the City but traveling to a destination inside the City was determined to be a special benefit to the destination parcel within the City. The analysis used each parcel’s physical location as a starting destination and then selected ending destinations were inputted (e.g. neighboring cities or communities surrounding the City of Brentwood). If Google Maps showed the property owner/resident located outside the City would pass through and utilize the City’s arterial LLAD No. 23-1
LLAD Other Other Non General Cost per EDU
Improvement No. 23-1 LLAD Parcels LLAD Parcels Benefit (FY 2023-24 Type 0.20% 75.68% 21.31% 2.81% Dollars)1
Arterial and Major Roadway
Streetlighting $773.77 $292,094.36 $82,238.49 $10,855.18 $15.63 1 The LLAD No. 23-1 Cost per EDU was determined by dividing the LLAD No. 23-1 costs attributed to special benefit by the projected number of EDUs for LLAD No. 23-1.

Special Benefit
Table No. 2 - Arterial and Major Roadway Street Lighting Cost Allocation

Formation of LLAD No. 23-1 (Orchard Grove) SECTION III
Engineer’s Report Fiscal Year 2023-24 PART D
19 and major roadway system to travel to a destination outside of the City, then they were considered to receive a benefit from the City’s arterial and major roadway system. In addition, the analysis showed that most parcels outside of the City did not benefit from the improvements because they did not utilize the City’s roadways to travel to a destination parcel outside of the City, but would in most circumstances, if not all rather utilize Highway 4 to traverse the City or use an alternative route, therefore circumventing the City’s arterial and major roadways.

In addition to the special and direct benefits the property owners within the City receive from these enhanced landscaping improvements, there are also some incidental general benefits received by vehicular and pedestrian flow-through traffic (traffic that does not stop within the City) which originates from properties outside the City limits from individuals who use the City’s arterial and major roadway system to travel to another destination outside of the City. It has been determined that some properties not located within the City, north of the City limits, utilize arterial and major roadways within the City when traveling to destinations south of the City and that some properties not located within City, south and east of the City limits, utilize arterial and major roadways within the City when traveling to a destination north of the City. Properties meeting these criteria have been identified and such benefits must be accounted for and cannot be assessed to the properties within the City’s LLADs.

To quantify and separate the special benefits received by property owners within the City limits and the general benefit received by the property owners outside the City, EDUs were assigned to all benefitting properties (both inside and outside the City). The analysis resulted in a benefit boundary being drawn and EDUs being assigned to one of three categories of parcels: special benefits assigned to properties that lie within the City and not in a LLAD, special benefits assigned to properties that lie within the City and in a LLAD, and general benefits assigned to properties that lie outside the City. It was determined that parcels within the categories that are not in a LLAD benefit less than parcels within the LLADs due to the proximity of the landscaping to the properties within the LLADs. This finding resulted in the EDUs assigned to parcels in the City and not in a LLAD and parcels outside the City being reduced by 50%. The aggregated EDU assignments for each categorization of property determined that 1.63% of the EDUs were attributed to properties located outside of the City. Therefore, it is estimated that 98.37% of the annual cost to operate, maintain, service and replace the arterial and major roadway landscaping would be a special and direct benefit to the parcels within the City and 1.63% of the annual cost to operate, maintain, service and replace the arterial and major roadway landscaping would be a general benefit.

Landscaping Along Arterial and Major Roadway Cost Allocation The 115.717 acres of City-maintained landscaping along the arterial and major roadways within the Arterial and Major Roadway Benefit Boundary cost approximately $4,112,000 per year to maintain in FY 2023-24 dollars. The cost to maintain the arterial and major roadway landscaping is spread to all benefitting parcels identified within the Arterial and Major Roadway Benefit Boundary. The parcels identified on the Arterial and Major Roadway Benefit Boundary equate to 21,721 EDUs which results in an annual cost

Formation of LLAD No. 23-1 (Orchard Grove) SECTION III
Engineer’s Report Fiscal Year 2023-24 PART D
20 allocation of $189.32 per EDU in FY 2023-24 dollars. As previously discussed, 98.37% of the annual cost to operate and maintain the roadside and median landscaping would be a special and direct benefit to the parcels within the Arterial and Major Roadway Benefit Boundary. Table 3 shows the landscaping cost allocation associated with arterials and major roadways.

Park Facilities
The City of Brentwood’s General Plan policy is aimed at ensuring that recreational opportunities will continue to exist throughout the City and that an adequate park system continues to be developed and maintained to serve the City. In keeping with these policies, the City Council formed a Citywide Park Assessment district for park maintenance in 1997 to secure a funding mechanism for a portion of the benefits and associated costs to maintain community parks and neighborhood parks. In addition, the City’s LLADs were also established to fund park costs associated with each benefiting property for the community and neighborhood parks that could not be funded from the Citywide Park Assessment District. For the purposes of this report, community parks are defined as typically being larger parks that are designed with amenities to serve the City as a whole as described further in the Parks, Trails and Recreation Master Plan originally approved on August 23, 1994 and subsequently approved on June 25, 2002.

Neighborhood parks are defined as being generally smaller than community parks and typically benefit those residents located within a one-half mile radius from the park and as further defined within the Parks, Trails and Recreation Master Plan previously referenced.

There are 98 Parks spread throughout the City serving a population of approximately 65,000 residents. Community and neighborhood parks provide a special and direct benefit to the parcels within the City. The special and direct benefit to the parcels consists of enhanced recreational opportunities, including baseball, soccer, swimming, basketball, walking, jogging, etc. and the use of improvements such as: picnic tables, barbequing, playground equipment, community center rooms, green spaces, benches, bioswales, etc.

The parks and the associated recreational opportunities provide for more aesthetically pleasing neighborhoods, environmental and health benefits, community gathering places, and an overall improved and healthier community image, etc. If these park improvements were not installed, property within the City’s LLADs would not look as appealing to property owners, prospective property buyers, and patrons alike, which would adversely affect the value of their property. Based on the Parks and Economic Development Report published in the American Planning Association, homes adjacent and near parks and LLAD No. 23-1
LLAD Other Other Non General Cost per EDU
No. 23-1 District Parcels District Parcels Benefit (FY 2023-24 Improvement Type 0.23% 86.03% 12.11% 1.63% Dollars)1
Arterial and Major Roadway
Landscaping $9,371.34 $3,537,633.52 $498,006.26 $67,176.48 $189.32 1 The LLAD No. 23-1 cost per EDU was determined by dividing the LLAD No. 23-1 costs attributed to special benefit by the projected numbe of EDUs for LLAD No. 23-1.

Special Benefit
Table No. 3 - Arterial and Major Roadway Landscaping Cost Allocation

Formation of LLAD No. 23-1 (Orchard Grove) SECTION III
Engineer’s Report Fiscal Year 2023-24 PART D
21 open space are typically valued at 8-20% higher than comparable properties, with positive price effect declining to zero about ½ mile away. Therefore, park improvements provide a special and direct benefit to property located within ½ miles of park improvements.

Furthermore, the Brentwood Parks, Trails, and Recreation Master Plan development guidelines as previously referenced herein, states that, neighborhood parks should service residents within a ½ mile +/- radius or approximately 1,000 to 2,000 people. The City maintains on average one neighborhood park per 800 residents. In addition to the special and direct benefits the property owners receive within the City from these enhanced park improvements, there are also some incidental benefits received by residents located from outside the City that may utilize the City’s community and neighborhood parks. Even though these are incidental benefits, they must be accounted for and cannot be assessed to the properties within the City’s LLADs.

Based on park user data, it is conservatively estimated that approximately 95% of the benefits associated with community parks are of benefit to property within the City and 98% of the benefits associated with neighborhood parks are of a special and direct benefit to properties within ½ mile distance (+/-). Therefore, 95% of the costs to annually operate, maintain, service and replace the community parks and 98% of the costs to annually operate, maintain, service and replace the neighborhood parks would be a special and direct benefit to the parcels within the City, and 5% and 2%, respectively of the annual costs to operate, maintain, service and replace the parks would be a general benefit.

Park Facilities Cost Allocation
The approximate 247.37 acres of community and neighborhood parks within the Park Benefit Boundary cost approximately $8,958,900 to maintain in FY 2023-24 dollars. The cost to maintain the parks is spread to all benefitting parcels identified within the Parks Benefit Boundary.

The community parks within the Park Benefit Boundary cost approximately $4,176,440 to maintain in FY 2023-24 dollars. As previously discussed, 95% of the annual cost to operate and maintain community parks is considered a special and direct benefit to the parcels within the park benefit boundary and 5% of the annual cost to operate and maintain community parks is considered a general benefit. The parcels identified within the Park Benefit Boundary equate to 22,710 EDUs, which results in an annual cost allocation of $82.52 per EDU in FY 2023-24 dollars for community parks. Table 4A shows the cost allocation associated with community parks.

LLAD No. 23-1
LLAD Other Other Non General Cost per EDU
Improvement No. 23-1 District Parcels District Parcels Benefit (FY 2023-24 Type 0.10% 85.88% 9.02% 5.00% Dollars)1
Parks $4,084.82 $3,586,782.74 $376,748.55 $208,821.90 $82.52 1 The LLAD No. 23-1 cost per EDU was determined by dividing the LLAD No. 23-1 costs attributed to special benefit by the projected number of EDUs for LLAD No. 23-1.

Special Benefit
Table No. 4A - Community Park Cost Allocation

Formation of LLAD No. 23-1 (Orchard Grove) SECTION III
Engineer’s Report Fiscal Year 2023-24 PART D
22 The neighborhood parks within the Park Benefit Boundary cost approximately $4,782,440 to maintain in FY 2023-24 dollars. As previously discussed, approximately 98% of the annual cost to operate and maintain neighborhood parks is considered a special and direct benefit to the parcels within the park benefit boundary and 2% of the annual cost to operate and maintain neighborhood parks is considered a general benefit. The parcels identified within the Park Benefit Boundary equate to 22,710 EDUs, which results in an annual cost allocation of $136.73 per EDU in FY 2023-24 dollars for neighborhood parks.

Table 4B shows the cost allocation associated with neighborhood parks.

The total annual cost allocation needed to maintain the community and neighborhood parks within the Park Benefit Boundary is $219.25 per EDU in FY 2023-24 dollars as summarized in Table 4C below.

In-Tract Streetlighting
To determine which properties benefit from in-tract or development specific streetlighting a benefit analysis was performed. Streetlighting located along and adjacent to the in-tract streets provide a special and direct benefit to parcels within the developments. The special and direct benefits from streetlights within the development consists of enhanced illumination which allows for safer vehicle and pedestrian access to and from property. In addition, this enhanced illumination helps deter criminal or suspicious activity such as property theft, vandalism, illegal dumping, etc.

Since the in-tract streets within the development are designed to have minimal flow through traffic, there are few reasons for vehicles to access the in-tract streets unless their destination is to or from a single-family residential parcel within the development.

However, it is reasonable to conclude that some vehicular traffic may on a rare occasion utilize the in-tract streets due to the need to turn around or a mistaken turn into the development. The rare circumstance where a pedestrian or vehicle mistakenly uses the in-tract streets, have been determined to be a rare and infrequent circumstance. Even though these are rare and infrequent circumstances, they must be accounted for and cannot be assessed to the properties within the City’s LLADs. Therefore, based on flowthrough traffic it is conservatively estimated that approximately 98% of the annual trips LLAD No. 23-1
LLAD Other Other Non General Cost per EDU
Improvement No. 23-1 District Parcels District Parcels Benefit (FY 2023-24 Type 0.14% 84.81% 13.05% 2.00% Dollars)1
Parks $6,768.16 $4,055,783.17 $624,236.09 $95,648.72 $136.73 1 The LLAD No. 23-1 cost per EDU was determined by dividing the LLAD No. 23-1 costs attributed to special benefit by the projected number of EDUs for LLAD No. 23-1.

Table No. 4B - Neighborhood Park Cost Allocation
Special Benefit
Community Park Neighborhood Park Parks
Cost per EDU Cost per EDU Cost per EDU
$82.52 $136.73 $219.25
Table No. 4C - Parks FY 2023-24 Annual Cost Allocation

Formation of LLAD No. 23-1 (Orchard Grove) SECTION III
Engineer’s Report Fiscal Year 2023-24 PART D
23 along in-tract roadways within the development would be a special and direct benefit to the parcels within the City’s LLADs and 2% of the annual trips along in-tract roadways within the development would be a general benefit.

To quantify and separate the special benefits received by all property within the development EDUs were assigned to all benefitting properties inside the development as identified. It was determined that 2% of the cost to operate, maintain, service and replace the in-tract street lighting were assigned to properties located outside of the development.

Therefore, it is estimated that 98% of the annual cost to operate, maintain, service and replace the in-tract streetlighting would be a special and direct benefit to the parcels within each development and 2% of the annual cost to operate, maintain, service and replace the in-tract streetlighting would be a general benefit.

In-Tract Streetlighting Cost Allocation
The seventeen (17) in-tract streetlights within the In-Tract Benefit Boundary cost approximately $2,550 to maintain in FY 2023-24 dollars. As previously discussed, 98% of the annual cost to operate and maintain the in-tract streetlights is a special and direct benefit to the parcels within the In-Tract Benefit Boundary and is spread to all benefitting parcels within the In-Tract Benefit Boundary. The parcels identified on the In-Tract Benefit Boundary equate to 49.50 EDUs which results in an annual cost allocation of $50.48 per EDU in FY 2023-24 dollars. Table 5 shows the cost allocation associated with in-tract streetlights.

In-Tract Landscaping
To determine which properties benefit from in-tract or development specific landscaping a benefit analysis was performed. Landscaping located along and adjacent to the in-tract streets provide a special and direct benefit to parcels within the development. The special and direct benefits from in-tract landscaping within the development consists of enhanced beautification to the entrances and along the roadsides within the development. Property owners who reside within these developments realize this enhanced aesthetic benefit when they are entering and exiting the development. If these in-tract landscape improvements were not installed, the developments would not look as appealing to property owners and prospective property buyers which would adversely affect the value of their property. Therefore, these landscape improvements provide a specific enhancement to their property values and not a general enhancement of property values.

LLAD No. 23-1
LLAD General Cost per EDU
Improvement FY 2023-24 No. 23-1 Benefit (FY 2023-24
Type Cost 98.00% 2.00% Dollars)1
In-Tract Streetlighting $2,550.00 $2,499.00 $51.00 $50.48 1 The LLAD No. 23-1 cost per EDU was determined by dividing the LLAD No. 23-1 costs attributed to special benefit by the projected number of EDUs for LLAD No. 23-1.

Table No. 5 - Local In-Tract Streetlighting Cost Allocation

Formation of LLAD No. 23-1 (Orchard Grove) SECTION III
Engineer’s Report Fiscal Year 2023-24 PART D
24 Since the in-tract streets within the development are designed to have minimal flow through traffic, there are few reasons for vehicles to access the in-tract streets unless their destination is to or from a single-family residential parcel within the development.

However, it is reasonable to conclude that some vehicular traffic may on a rare occasion utilize the in-tract streets due to the need to turn around or a mistaken turn into the development. The rare circumstance where a pedestrian or vehicle mistakenly uses the in-tract streets, have been determined to be a rare and infrequent circumstance. Even though these are rare and infrequent circumstances, they must be accounted for and cannot be assessed to the properties within the City’s LLADs. Therefore, based on flowthrough traffic it is conservatively estimated that approximately 98% of the annual trips along in-tract roadways within the development would be a special and direct benefit to the parcels within the LLADs and 2% of the annual trips along in-tract roadways within the development would be a general benefit.

To quantify and separate the special benefits received by all property within the development EDUs were assigned was applied to all benefitting properties inside the development as identified. It was determined that 2% of the cost to operate, maintain, service and replace the in-tract landscaping were assigned to properties located outside of the development. Therefore, it is estimated that 98% of the annual cost to operate, maintain, service and replace the in-tract landscaping would be a special and direct benefit to the parcels within the development and 2% of the annual cost to operate, maintain, service and replace the in-tract landscaping would be a general benefit.

In-Tract Landscaping Cost Allocation
The 1.60 acres of in-tract landscaping within the In-Tract Benefit Boundary cost approximately $37,130 to maintain in FY 2023-24 dollars. As previously discussed, 98% of the annual cost to operate and maintain the in-tract landscaping is a special and direct benefit to the parcels within the In-Tract Benefit Boundary and is spread to all benefitting parcels within the In-Tract Benefit Boundary. The parcels identified on the In-Tract Benefit Boundary equate to 49.50 EDUs which results in an annual cost allocation of $735.19 per EDU in FY 2023-24 dollars. Table 6 shows the cost allocation associated with in-tract landscaping.

Trails
Trails provide special and direct benefits to the parcels located within a certain proximity to the trails. These special and direct benefits consist of enhanced recreational LLAD No. 23-1
LLAD General Cost per EDU
Improvement FY 2023-24 No. 23-2 Benefit (FY 2023-24
Type Cost 98.00% 2.00% Dollars)1
In-Tract Landscaping/Fencing and Walls $37,134.50 $36,391.81 $742.69 $735.19 1 The LLAD No. 23-1 cost per EDU was determined by dividing the LLAD No. 23-1 costs attributed to special benefit by the projected number of EDUs for LLAD No. 23-1.

Table No. 6 - Local In-Tract Landscaping Cost Allocation

Formation of LLAD No. 23-1 (Orchard Grove) SECTION III
Engineer’s Report Fiscal Year 2023-24 PART D
25 opportunities such as walking, jogging, biking, etc. within and along their developments.

These benefits allow for:
• Increases in options to exercise and incorporate recreational opportunities into daily routines.
• Increases in opportunities to travel and connect with places people may need or want to go.
• Enhanced environmental opportunities because of improvement in air quality due to people utilizing the trail verse driving to nearby destinations. • Specific enhancements in property values due to the increase in walkability of an area and the increase in amenities.

In addition, the trails provide general benefits to the public-at-large since they it is a public trail system and anyone from the public can access it. To determine who is most likely to use trails, the City’s Parks and Recreation Department staff performed a trail user survey over multiple days at different times and locations along existing trail segments over a three-month period. Based upon their survey findings, ninety-three percent (93%) of trail users were benefitting property owners located both within the City and those outside the City limits, who lived within ½-mile (+/-) of trails. The ½-mile benefit boundaries from each respective trail can vary slightly for trail segments due to the location of geographical features and major roadways. Therefore, it is estimated that 93% of the annual cost to operate, maintain, service and replace the trail improvements would be a special and direct benefit to the parcels within the ½-mile (+/-) distance both within and outside the City and 7% of the annual cost to operate, maintain, service and replace the trail improvements would be a general benefit. Special benefits assigned to properties that lie within a ½ mile (+/-) of trails that are not within a LLAD (in or outside the City), are special benefits that will be paid by the City because they cannot be assessed to parcels within LLADs. Only the benefits associated with properties within the City and within a LLAD that are within a ½ mile (+/-) distance of trails will be assessed.

Trails Assessment Allocation
The 27.828 acres of trails within the District Trail Benefit Boundary (Appendix B) cost approximately $1,051,400 to maintain in FY 2023-24 dollars. As previously discussed, 93% of the annual cost to operate and maintain these trail segments are a special and direct benefit to the parcels within the Trail Benefit Boundary and is spread to all benefitting parcels within the Trail Benefit Boundary. The parcels identified to be within the Trail Benefit Boundary equate to 5,645.00 EDUs which results in an annual cost allocation of $173.21 per EDU in FY 2023-24 dollars. Table No. 7 below shows the cost allocation associated with the District Trail Benefit Boundary.

Formation of LLAD No. 23-1 (Orchard Grove) SECTION III
Engineer’s Report Fiscal Year 2023-24 PART D
26 DISTRICT MAXIMUM ASSESSMENT RATE
The maximum assessment rate may be adjusted each subsequent fiscal year to correspond with the annual increase in the San Francisco Bay Area Urban Wage Earners Consumer Price Index from December to December of each year (Base Year of 2022), or 2% whichever is greater.

Parcels within the District become assessable once the final maps have been approved by the City of Brentwood or it is anticipated that improvements will need to be maintained or reserve funds will need to be collected in the ensuing fiscal year.

The following table outlines the total maximum assessment rate in FY 2023-24 dollars.

LLAD No. 23-1
LLAD Other District Non District General Cost per EDU
Improvement No. 23-1 Parcels Parcels Benefit (FY 2023-24 Type 0.82% 80.36% 11.82% 7.00% Dollars)1
City Trails $8,574.12 $844,901.89 $124,320.55 $73,597.59 $173.21 1 The LLAD No. 23-1 cost per EDU was determined by dividing the LLAD No. 23-1 costs attributed to special benefit by the projected number of EDUs for LLAD No. 23-1.

Table No. 7 - Trail Cost Allocation
Special Benefit
Other Other Non LLAD No. 23-1
LLAD No. 23-1 District Parcel District Parcel Rate per EDU FY 2023-24 Special Special Special General (FY 2023-24
Improvement Type Cost Benefit Benefit1 Benefit2 Benefit3 Dollars) Arterial and Major Roadway Streetlighting $385,961.80 $773.77 $292,094.36 $82,238.49 $10,855.18 $15.63 Arterial and Major Roadway Landscaping $4,112,187.60 $9,371.34 $3,537,633.52 $498,006.26 $67,176.48 $189.32 Community and Neighborhood Parks $8,958,874.15 $10,852.98 $7,642,565.91 $1,000,984.64 $304,470.62 $219.25 In-Tract Streetlighting4 $2,550.00 $2,499.00 N/A N/A $51.00 $50.48 In-Tract Landscaping4 $37,134.50 $36,391.81 N/A N/A $742.69 $735.19 Trail Landscaping $1,051,394.15 $8,574.12 $844,901.89 $124,320.55 $73,597.59 $173.21 Subtotal $14,548,102.20 $68,463.02 $12,317,195.68 $1,705,549.94 $456,893.56 $1,383.09 Local In-Tract Reserves
Capital Reserves5 $7,778.16 $7,778.16 N/A N/A N/A $157.13 Operating Reserves/Contingency5 $4,047.82 $3,889.08 N/A N/A $158.74 $78.57 Subtotal $11,825.98 $11,667.24 N/A N/A $158.74 $235.70
Total $14,559,928.19 $80,130.26 $12,317,195.68 $1,705,549.94 $457,052.30 $1,618.79 1 This represents the special benefit amounts allocated to parcels located within other existing City of Brentwood LLADs. These amounts will be paid for by parcels located within those LLADs.
2 This represents the special benefit amounts allocated to parcels not located within existing City of Brentwood LLADs. These amounts will be funded by the City's General Fund by some other non-LLAD funds until new development occurs on these parcels. 3 General Benefit will be funded by the City's General Fund or by some other non-LLAD funds. 4 Incidental costs such as County Collection Fees, Assessment Engineering, and City Administration costs have been applied exclusively to in-tract improvements and are include the cost estimate for In-Tract Street Lighting and In-Tract Landscaping. 5 The Operating and Capital Reserves shown above only apply to In-Tract Improvements. Since the City transfers funds to LLAD No. 23-1 on July 1, there is no need to collect op reserves from Other Non-District Parcels and the General Fund.

Table No. 8 - Total Maximum Assessment Calculation (FY 2023-24 Dollars)

Formation of LLAD No. 23-1 (Orchard Grove) SECTION III
Engineer’s Report Fiscal Year 2023-24 PART E
27 PART E

PROPERTY OWNER LIST & ASSESSMENT ROLL
A list of names and addresses of the owners of all parcels, and the description of each lot or parcel proposed for the District is shown on the last equalized Property Tax Roll of the Contra Costa County Assessor, which by reference is hereby made a part of this Report.

This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll, which includes the maximum proposed amount of assessments apportioned to each lot or parcel. The Maximum Assessment Roll is on file in the Office of the City Clerk of the City of Brentwood and is shown in this Report as Appendix “A”.

Formation of LLAD No. 23-1 (Orchard Grove)
Engineer’s Report Fiscal Year 2023-24 APPENDIX A
A-1

APPENDIX A

MAXIMUM ASSESSMENT ROLL

Formation of LLAD No. 23-1 (Orchard Grove)
Engineer’s Report Fiscal Year 2023-24 APPENDIX A
A-2
Maximum
Assessor Parcel Development FY 2023-24
Number(s) Name Assessment
016-040-005 Orchard Grove $80,130.26
LLAD No. 23-1 (Orchard Grove)

Formation of LLAD No. 23-1 (Orchard Grove)
Engineer’s Report Fiscal Year 2023-24 APPENDIX B
B-1

APPENDIX B

BENEFIT BOUNDARY DIAGRAMS

*
*
Street Lighting and Landscaping along Arterial and Major Roadways Benefit Boundary Diagram
LLAD No. 23-1
¯ 0 2,500 5,000
Feet
4 4
Brentwood Blvd
Sellers Ave
Sunset Rd
Concord Ave
Byron Hwy
Bixler Rd
Chestnut St
Brentwood Blvd
Minnesota Ave
Orchard Grove
Project Site
B-2
Neroly Rd Delta Rd
Brentwood Blvd
O'Hara Ave
Sycamore Ave
Sand Creek Rd
Oak St
Lone Tree Wy
Fairview
Ave
Empire Ave
Shady Willow Ln
Jeffrey Wy Sand Creek Rd
Balfour Rd
Central Blvd
Fairv ei w
Ave
Griffith Ln
Walnut Blvd
Vineyards Pkwy
Legend
LLAD No. 23-1 Boundary
City Limit
Parcel Lines
Parcels outside of City Limits - East/South Bound
Parcels outside of City Limits - North/West Bound
Parcels within City Limits
City Arterial/Major Roadways

LLAD No. 23-1
Parks Benefit Diagram
Lone Tree Wy
Sand Creek Rd
Balfour Rd
Brentwood Blv
F
d
airview
Ave
Minnesota Ave
Grant St
O'Hara Ave
Brentwood Blvd
John Muir Pkwy
4 ¯
Sunset
Park
Aquatic Complex
& Skate Park
King
Park
Miwok Park
Oak Meadow
Park
Apple Hill
Park
Arbor View
Park
Garin
Park
Summerset
Commons
Park
Sand Creek
Soccer
Orchard Grove Project Site
B-3
4 Legend
LLAD No. 23-1 Boundary
City Limit
Parcel Lines
Parcels within the
Neighborhood Park Boundary
Community Park
Neighborhood Park
2,000 1,000 0 2,000
Feet

!(
!(
!(
!(
!( !( !( !(
!( !( !(
!(
!(
!(
!(
!(
!(
LLAD No. 23-1 In-Tract Benefit Diagram
Gracie Ln
Adams Ln
Lone Oak Rd
Lone Oak Rd
¯
100 50 0 100
Feet
Street A
Street C
Street B
Parcel A
B-4
Legend
LLAD No. 23-1 Boundary
Parcel Lines
In-Tract Landscaping
Bio Retention Basin Area
!( In-Tract Street Lighting
Soundwall
Fence

LLAD No. 23-1 Trail Benefit Diagram
B-5
Orchard Grove
Project Site Fairview Ave
Brentwood Blvd
Empire Ave
O'Hara Ave
Lone Tree Wy
Sand Creek Rd
4 850
¯0 850
Feet
Legend
LLAD No. 23-1 Boundary
City Limit
Parcel Lines
Grant Street Trail Benefit Boundary
Parcels within Grant Street Trail Benefit Boundary
Grant Street Trail

CITY COUNCIL AGENDA ITEM NO. E.8
08/22/2023
SUBJECT: Setting the General Obligation Bond Tax Rate of .0046% for the 2023/24 tax roll
DEPARTMENT: Finance and Information Systems
STAFF: Kerry Breen, Director of Finance and Information Systems Angela Ausemus, Accountant II

TITLE/RECOMMENDATION
Adopt a resolution adopting the General Obligation Bond Tax Rate of .0046% for the 2023/24 property tax roll and requesting submittal to Contra Costa County.

FISCAL IMPACT
The property tax levy is expected to generate the amount required to pay the General Obligation Bond debt service of $655,000 as well as fund administrative costs and maintain the reserve fund for fiscal year 2023/24. The applicable revenues and expenses are included in the General Obligation Bond Debt Service Fund 2023/24 Operating Budget.

BACKGROUND
On November 6, 2001, voters passed Measure J authorizing the City of Brentwood to issue General Obligation Bonds in the principal amount of six million dollars to finance the construction, acquisition, and improvement of a new police station, and all costs incident thereto.

The Bond Official Statement stipulates that the City Council has the power and is obligated to annually levy ad valorem taxes for payment of principal, interest and accreted value of the Bonds upon all property within the City subject to taxation by the City without limitation of rate of amounts (except certain personal property which is taxable at limited rates). It further establishes that the annual tax rate will be based on the assessed value of taxable property in the City. Fluctuations in the annual debt service on the Bonds and the assessed value of taxable property in the City may cause the annual tax rate to fluctuate.

CITY COUNCIL AGENDA ITEM NO. E.8
08/22/2023
Based on the debt service requirements for fiscal year 2023/24 and the assessed value certification provided by Contra Costa County, a tax rate of .0046% will need to be assessed against all taxable property in the City of Brentwood. The tax rate percentage is multiplied by property assessed valuations to arrive at the total tax.

Since the property assessed valuations have increased just over $693 million from the prior year, the tax rate for 2023/24 has decreased slightly. Contra Costa County requires the City Council to pass a resolution annually setting the tax rate for the General Obligation Bond in order to place the assessment. This rate equates to $4.60 per $100,000 of assessed valuation and is $0.20 less per $100,000 than the 2022/23 rate.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

2. Resolution

ATTACHMENT 1
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

On February 12, 2002, the City Council passed Resolution No. 2468, authorizing issuance and sale of not to exceed $6,000,000 principal amount of bonds, approving the form of the paying agent agreement, authorizing the execution and delivery of a bond purchase agreement by and among the City of Brentwood, the Brentwood Infrastructure Financing Authority and RBC Dain Rauscher and approving the form and distribution of any official statement and authorizing certain actions in connection with the issuance, sale and delivery of such bonds.

On August 23, 2022, the City Council passed Resolution No. 2022-108 approving the submittal of the General Obligation Bond Tax Rate of .0048% to Contra Costa County for the 2022/23 tax roll.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING THE GENERAL OBLIGATION BOND
TAX RATE OF .0046% FOR THE 2023/24 TAX ROLL AND

REQUESTING SUBMITTAL TO CONTRA COSTA COUNTY
WHEREAS, the voters of the City of Brentwood approved the issuance of General Obligation Bonds for a new police station on November 6, 2001; and WHEREAS, the City Council passed Resolution No. 2468, authorizing issuance and sale of not to exceed $6,000,000 principal amount of bonds on February 12, 2002; and
WHEREAS, for fiscal year 2022/23 a tax rate of .0048% was assessed; and WHEREAS, based on the debt service requirements for fiscal year 2023/24 and the assessed value certification provided by Contra Costa County a tax rate of .0046% will need to be assessed against all taxable property in the City of Brentwood.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood, hereby approves the General Obligation Bond tax rate of .0046% to be levied against all taxable property within the City for the 2023/24 Tax Roll, and requests the Finance and Information Systems Director submit this resolution to Contra Costa County.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 22nd day of August 2023 by the following vote:

CITY COUNCIL AGENDA ITEM NO. E.9
08/22/2023
SUBJECT: Purchase of two replacement pumps for the Return Activated Sludge pump station.

DEPARTMENT: Public Works
STAFF: Casey Wichert, Director of Public Works
Philip McKinney, Wastewater Operations Manager

TITLE/RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or his designee to execute any necessary documents to purchase two replacement Return Activated Sludge (RAS) pumps, manufactured by Pentair Fairbanks Nijhuis, for the Wastewater Treatment Plant (WWTP) from JM Squared Associates, Inc. in an amount not to exceed $118,682; and authorizing staff to amend the FY 2023/24 Wastewater Replacement Fund Operating Budget in the amount of $118,682.

FISCAL IMPACT
The total cost of the two replacement RAS pumps is $118,682 which will be expended through the Wastewater Replacement Fund. Staff is requesting an adjustment to the FY 2023/24 Wastewater Replacement Fund Operating Budget in the amount of $118,682 to account for this expense. The projected 6/30/24 Wastewater Replacement Fund balance, including this proposed expense, is $8,584,850. The ongoing maintenance of these pumps is included in the approved Wastewater Enterprise operating budget.

BACKGROUND
The WWTP RAS pumps are an integral part of the wastewater treatment plant process. The current RAS pumps have run 24 hours a day since their initial installation in 2003, and are nearing the end of their life cycles.

In order to replace the pumps with the same proven equipment, JM Squared Associates, Inc. will supply the two new pumps. JM Squared Associates is the exclusive authorized Pentair Fairbanks Nijhuis distributor for municipal pumps and parts for Northern California. Staff requests the approval to purchase the two

CITY COUNCIL AGENDA ITEM NO. E.9
08/22/2023
replacement pumps from JM Squared Associates in an amount not to exceed $118,682 (equipment amount of $109,132, plus $9,550 sales tax).

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Quote

ATTACHMENT “1”
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

On June 27, 2023, by Resolution No. 2023-89, City Council adopted the amended 2022/23 – 2023/24 Operating Budget, which includes the Wastewater Replacement Fund.

RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING AND AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO EXECUTE ANY NECESSARY

DOCUMENTS TO PURCHASE TWO REPLACEMENT RETURN

ACTIVATED SLUDGE (RAS) PUMPS, MANUFACTURED BY

PENTAIR FAIRBANKS NIJHUIS, FOR THE WASTEWATER
TREATMENT PLANT FROM JM SQUARED ASSOCIATES, INC. IN AN
AMOUNT NOT TO EXCEED $118,682; AND AUTHORIZING STAFF
TO AMEND THE FY 2023/24 WASTEWATER REPLACEMENT FUND
OPERATING BUDGET IN THE AMOUNT OF $118,682.

WHEREAS, on June 23, 2023, by Resolution No. 2023-89, City Council adopted the amended 2022/23 – 2023/24 Operating Budget, which includes the Wastewater Replacement Fund; and
WHEREAS, the Purchasing Policy 10-7 requires that purchases or services over $50,000 be approved by City Council; and
WHEREAS, the Wastewater Treatment Plant (WWTP) RAS pumps are an integral part of the wastewater treatment process; and
WHEREAS, the current RAS pumps have run 24 hours a day since their initial installation in 2003, and are nearing the end of their life cycles; and WHEREAS, JM Squared Associates, Inc. is the sole source exclusive authorized Pentair Fairbanks Nijhuis distributor for municipal pumps and parts in Northern California; and
WHEREAS, the total amount of $118,682 will be expended through the FY 2023/24 Wastewater Replacement Fund; and
WHEREAS, staff is requesting to amend the FY 2023/24 Wastewater Replacement Fund Operating Budget in the amount of $118,682 to account for this purchase.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager or designee to execute any necessary documents to purchase two replacement RAS pumps, manufactured by Pentair Fairbanks Nijhuis, for the WWTP from JM Squared Associates, Inc. in an amount not to exceed $118,682; and authorizing staff to amend the FY 2023/24 Wastewater Replacement Fund Operating Budget in the amount of $118,682.

Brentwood at a regular meeting held on the 22nd day of August 2023 by the following vote:

JM SQUARED ASSOCIATES, INC

ENGINEERED PUMPING & FLOW CONTROL PRODUCTS

FOR WATER AND WASTEWATER
Manufacturer’s Representatives - Since 1963
August 3, 2023
To: City of Brentwood WWTP
Attention: Phillip McKinney
RE: OEM Fairbanks Morse Replacement Pump Proposal
Existing Serial #’s: (3) Pumps #234953-0-1-2 (Amoroso 2001) (2) Pumps #10661219-10661220 (Overaa 2020)
Good afternoon Phil:

As per your updated request we are pleased to propose to furnish the following for your consideration:

Two (2) Fairbanks Morse 8” x 8” Horizontal Figure C5425 Solids- Handling Pumps Each Unit Rated for 2480 GPM @ 22’ TDH
x 720 RPM (VFD-Driven) RAS/WAS Service & To Include:
* Stainless Steel Impeller Wearing Ring 300-350 BHN
Installed on Impeller
* Stainless Steel Casing Wearing Ring 410-484 BHN -
Installed on Case
* Dynamically Balanced CW Rotation Cast Iron Impeller
P/N: TAKE5HX 16.80” Trim
* Factory Assembled
* Factory Certified Hydrostatic Test
* John Crane Type 1 Double Mechanical Seal
* Stainless Steel Shaft Sleeve
* Factory Applied Exterior Coatings
* Prepaid/Allowed Ground Freight to Brentwood, CA
* One (1) Set Project Specific As-Built Submittal for Record

Total Lot Two (2) Pumps: $109132.00

-2-
City of Brentwood WWTP
Fairbanks Morse Pump Replacement
Notes/Clarifications:
• No Sales Taxes, VFD’s, Motors, Couplings, Baseplates, Offloading, Piping, Gauges, Anchor Bolts, Field Testing, or Installation Included. • Estimated Shipment ARO: 16-18 Weeks
• Customer to Confirm CW Pump Rotation (Discharge Position #1) and Impeller Trim (16.45” Overaa or 16.80” Amoroso) Prior to Release to Production.
• FOB Point: Kansas City, KS - Freight Prepaid/Allowed
• Payment Terms: Net Thirty (30) Days
Thank you again for the inquiry. We appreciate the opportunity to doing business with Brentwood once again.

Please contact us directly if you have questions or require additional information.

All the best.

JM SQUARED ASSOCIATES, INC
Representing Fairbanks Morse Pump Since 1970
James “Jimmy” MacNichols
P.O. Box 317
Concord, CA 94522
[email protected]
Office: (925)798-2500
Direct: (415) 666-6151

CITY COUNCIL AGENDA ITEM NO. E.10
08/22/2023
SUBJECT: Compensation Adjustment for Planning Commissioners DEPARTMENT: City Manager
STAFF: Darin Gale, Assistant City Manager
Abraham Salinas, Senior Analyst

TITLE/RECOMMENDATION
Adopt a Resolution 1) approving a $100 monthly increase to the Planning Commission compensation; and 2) Amending the FY 2023/24 General Fund Operating Budget for the increased costs

FISCAL IMPACT
The current cost of the total annual Planning Commission compensation is approximately $13,444, including payroll taxes and workers’ compensation. A $100 increase to the current monthly stipend of $200, taking effect on September 1, 2023, will require an additional $5,602 in funding from the General Fund for the remainder of the 2023/24 fiscal year.

The annual cost of the increase in the monthly stipend is estimated to be $6,722.

Including this increase, the total annual Planning Commission compensation will be approximately $20,165 and is funded by the General Fund. Staff is requesting an amendment to the 2023/24 General Fund Operating Budget in the amount of $5,602 and would include the resulting ongoing cost increases in future Operating Budgets.

BACKGROUND
At the June 6, 2023 Planning Commission meeting, Chairperson Roberts requested that the City Council consider increasing the Planning Commission’s compensation from $200 per month to $400 per month. The Planning Commission moved the request of Chair Roberts forward to the City Council on a 3-2 vote.

On July 25, 2023, the City Council recommended increasing the Planning Commission’s stipend by $100 per month for a total stipend of $300 per month and to bring back the appropriate resolution and budget amendment.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

CITY COUNCIL AGENDA ITEM NO. E.10
08/22/2023

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

2. Resolution

ATTACHMENT “1”
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

On July 1, 1988, by Resolution No. 88-49, the City Council authorized compensation of the members of the Brentwood Planning Commission of $50 per each regular Planning Commission meeting.

On February 13, 2001, by Resolution No. 2227, the City Council established the compensation for the members of the newly created Parks and Recreation Commission at $100 per month, and increased the compensation of the members of the Planning Commission from $50 per meeting to $200 per month.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD

APPROVING AN INCREASE IN COMPENSATION FOR MEMBERS OF THE BRENTWOOD PLANNING COMMISSION, AND AMENDING THE 2023/24

GENERAL FUND OPERATING BUDGET
WHEREAS, the City Council of the City of Brentwood has established a Planning Commission, per Government Code § 65100 and Brentwood Municipal Code Chapter 2.44 (‘Planning Commission’); and
WHEREAS, per Brentwood Municipal Code § 2.44.030, each member of the Planning Commission is entitled to receive compensation as established by a resolution of the City Council; and
WHEREAS, on February 13, 2001, the City Council adopted Resolution No. 2227, adjusting the compensation paid to each member of the Planning Commission to $200 per month; and
WHEREAS, after discussion of the compensation for the Planning Commissioners, and finding that the work of the Commissioners should be more highly recompensed, the City Council wishes to increase said compensation.

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

1. approves compensation for each member of the Brentwood Planning Commission in the amount of $300 per month, effective on September 01, 2023. Resolution No. 2227 is thus superseded with regard to Planning Commission compensation and remains in full force and effect otherwise; and

2. amends the 2023/24 General Fund Operating Budget in the amount of $5,602 to account for the additional costs approved hereunder.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 22nd day of August 2023 by the following vote:

CITY COUNCIL AGENDA ITEM NO. E.11
08/22/2023
SUBJECT: Accept the park and landscaping improvements for Pioneer Park and Miwok Avenue Entry of the Vineyards at Marsh Creek
development.

DEPARTMENT: Parks and Recreation
STAFF: Bruce Mulder, Parks and Recreation Director
Janice Ellis, Parks Planner

TITLE/RECOMMENDATION
Adopt a Resolution accepting the park and landscaping improvements on Parcel ‘SS’ (Pioneer Park) and Miwok Avenue Entry of the Vineyards at Marsh Creek development, Subdivision 8796 (Miwok Avenue Entry) for maintenance by the City and request that the City Clerk file this Resolution with the Recorder of Contra Costa County.

FISCAL IMPACT
All costs related to the maintenance of the park and landscaping improvements on Pioneer Park and Miwok Avenue Entry are included in the $92,597 annual cost estimate for the areas being accepted for maintenance. The acceptance of this parcel, and its maintenance is included in the FY 2023/24 Operating Budget. The special benefit portion ($80,092) will be funded by the Lighting and Landscape Assessment Districts (LLADs) formed to cover these costs and the general benefit portion ($12,505) will be funded by the General Fund.

BACKGROUND
Trilogy Vineyards LLC, the developer of the Vineyards development, recently submitted a request for the City to consider acceptance of the park and landscaping improvements constructed on Pioneer Park and Miwok Avenue. The required offer of dedication of the park parcel was made with the recordation of the Final Map for Subdivision 8796. Subsequently, the City accepted this dedication of real property for the purpose of a public park. Pioneer Park is one of four (4) public parks that will be constructed within the Vineyards development and is approximately 2.79 acres in size.

CITY COUNCIL AGENDA ITEM NO. E.11
08/22/2023
The developer also established a funding source for the ongoing maintenance of the landscaping improvements with the formation of Landscape and Lighting Assessment District (LLAD) 06-3.

Trilogy Vineyards LLC recently completed the park and landscaping improvements to Pioneer Park and Miwok Avenue Entry, and City staff conducted the required inspections during and following construction for the mandatory 90-day maintenance period. Staff determined that the improvements, including the plant material, irrigation, park amenities, and utility infrastructure at Pioneer Park and Miwok Avenue Entry are in substantial conformance with the approved plans and Parks and Recreation Department specifications.

This action will accept for ongoing maintenance by the City the park and landscaping improvements on Pioneer Park and Miwok Avenue Entry. It should be noted that the developer will be responsible for the standard 12-month warranty period for all trees and plant material.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

2. Vineyards at Marsh Creek Pioneer Park Miwok Ave Entry RESO

3. Vineyards at Marsh Creek Pioneer Park and Miwok Ave Location Map

4. Photos of Marsh Creek Pioneer Park

ATTACHMENT “1”
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

On December 12, 2006, by Resolution No. 2006-297, City Council ordered the formation of Landscape & Lighting Assessment District No. 06-3 (Vineyards), ordering improvements, and confirming the diagram and assessments for the District as shown in the Formation of Landscape and Lighting Assessment District No. 06-3 (Vineyards) in the Final Engineer’s Report for the Consolidated Landscape and Lighting Assessment Districts for Mid-Year Fiscal Year 2006/2007 pursuant to the Streets and Highways Code “Landscaping and Lighting Act of 1972” and Proposition No. 2018.

On January 11, 2011, the City Council adopted Ordinance No. 886, approving an amendment to the Development Agreement for The Vineyards at Marsh Creek project (DA 04-01-A1) (the “First Amendment”).

On December 11, 2012, the City Council adopted Ordinance No. 908, approving a second amendment to the Development Agreement for The Vineyards at Marsh Creek project (DA 04-01-A2) (the “Second Amendment”). The Original Development Agreement, First Amendment, and Second Amendment are collectively referred to herein as the “Development Agreement.”
On May 24, 2016, by Resolution No. 2016-67, City Council approved the Vesting Tentative Subdivision Map for Subdivision 8796, as submitted by the Developer.

On December 21, 2021, the City Council adopted Resolution 2021-157 approving the execution of a Public Improvement Agreement with Trilogy Vineyards LLC to memorialize the terms for the completion of outstanding improvements following the expiration of the existing Development Agreement on January 1, 2022.

RESOLUTION NO.

A RESOLUTION ACCEPTING PARK AND LANDSCAPING
IMPROVEMENTS ON PARCEL ‘SS’ (PIONEER PARK) AND MIWOK

AVENUE ENTRY OF THE VINEYARDS AT MARSH CREEK
DEVELOPMENT, SUBDIVISION 8796 FOR MAINTENANCE BY THE

CITY AND REQUESTING THE CITY CLERK TO FILE THIS
RESOLUTION WITH THE RECORDER OF CONTRA COSTA COUNTY.

WHEREAS, on April 13, 2004, the City Council adopted Ordinance No. 778, approving the Development Agreement for The Vineyards at Marsh Creek project (DA 04-01); and
WHEREAS, on December 12, 2006, the City Council adopted Resolution 2006- 297 ordering the formation of Landscape and Lighting Assessment District No. 06-3 (Vineyards), ordering improvements, and confirming the diagram and assessments for the District as shown in the Formation of Landscape and Lighting Assessment District No. 06-3 (Vineyards) in the Final Engineer’s Report for the Consolidated Landscape and Lighting Assessment Districts for Mid-Year Fiscal Year 2006/2007 pursuant to the Streets and Highways Code “Landscaping and Lighting Act of 1972” and Proposition No. 2018; and
WHEREAS, on January 11, 2011, the City Council adopted Ordinance No. 886, approving an amendment to the Development Agreement for The Vineyards at Marsh Creek project (DA 04-01-A1) (the “First Amendment”); and WHEREAS, on December 11, 2012, the City Council adopted Ordinance No. 908, approving a second amendment to the Development Agreement for The Vineyards at Marsh Creek project (DA 04-01-A2) (the “Second Amendment). The Original Development Agreement, First Amendment, and Second Amendment are collectively referred to herein as the “Development Agreement”; and WHEREAS, on May 24, 2016, by Resolution No. 2016-67, City Council approved the Vesting Tentative Subdivision Map for Subdivision 8796, as submitted by the Developer.

WHEREAS, on December 21, 2021, the City Council adopted Resolution 2021- 157 approving the execution of a Public Improvement Agreement with Trilogy Vineyards LLC to memorialize the terms for the completion of outstanding improvements following the expiration of the existing Development Agreement on January 1, 2022; and
WHEREAS, as a part of City’s approval of the Vineyards development, Trilogy Vineyards LLC was required to construct park and landscaping improvements on Parcel ‘SS’ (Pioneer Park) and Miwok Avenue Entry of the Vineyards at Marsh Creek development, Subdivision 8796; and

WHEREAS, City staff inspected the park and landscaping improvements and determined that they are in substantial conformance with the approved landscape plans for Pioneer Park and Miwok Avenue Entry of the Vineyards development, Subdivision 8796; and comply with the Parks and Recreation Department specifications.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood, with respect to park and landscaping improvements constructed by Trilogy Vineyards LLC:

1. Accepts for ongoing maintenance by the City, the park and landscaping improvements on Parcel ‘SS’ (Pioneer Park) and Miwok Avenue Entry of the Vineyards at Marsh Creek development, Subdivision 8796.

2. Accepts the above park and landscaping improvements and materials for maintenance as of August 22, 2023.

3. Requests the City Clerk to file this Resolution with the Recorder of Contra Costa County.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held the 22nd day of August, 2023 by the following vote:

EXHIBIT “A”
City Park Parcel “SS” Pioneer Park & Miwok Avenue Entry VINEYARDS AT MARSH CREEK DEVELOPMENT (SUB-DIVISION 8796)

PIONEER PARK

CITY COUNCIL AGENDA ITEM NO. E.12
08/22/2023
SUBJECT: Police Department’s Purchase of patrol rifles from LC Action Police Supply.

DEPARTMENT: Police
STAFF: Timothy M. Herbert, Chief of Police
Christopher Peart, Police Lieutenant

TITLE/RECOMMENDATION
Staff recommends Council adopt a resolution approving an amount not to exceed $75,000 for the purchase of 60 Colt “EPR” L.E. carbine, 11.5” barrel 5.56 rifles (Colt Rifles), as well as any additional items necessary from LC Action Police Supply, and authorize the City Manager or designee to execute any documents necessary to procure these items.

FISCAL IMPACT
The Police Grants Fund has sufficient budget in FY 2023/24 for this purchase and the requisite funds are available from accumulated Community Oriented Policing Services (COPS)/Supplemental Law Enforcement Services Funds (SLESF) allocations. These allocations are restricted for supplementing front-line law enforcement services and equipment.

BACKGROUND
The Brentwood Police Department’s (Department) top priority is the safety and security of its community and residents. Although the hope is to resolve every situation without the need to use force, there are times when force is necessary. Law enforcement equipment has evolved over the years, giving officers a greater advantage when dealing with high-stress, low-frequency situations.

The Department currently has rifles that are almost 30 years old. These older rifles do not allow for a more sophisticated and accurate red dot sight (RDS) to be mounted to the rifle's upper receiver. The RDS benefits officers in acquiring a target faster and increases the probability of the officer hitting their target in high-stress situations.

Any advantage officers can have in high-stress situations is critical to resolving it quickly, with the least amount of force necessary, and to prevent further potential loss of life.

CITY COUNCIL AGENDA ITEM NO. E.12
08/22/2023
Currently, Department SWAT Officers are the only sworn staff with RDSs on their rifles. The purchase of these new Colt Rifles will allow the Department to equip all of its sworn staff with RDSs mounted to their rifles. These Colt Rifles will improve community safety by increasing officers' capabilities and efficiency.

In accordance with the Council/Administrative Policy 10-7, Purchasing Policy, the Department solicited bids from three vendors for the purchase of 60 Colt Rifles: LC Action Police Supply, Pro Force, and Phoenix Distributors. At the conclusion of the bidding process, all bids were tabulated, and it was determined that LC Action Police Supply provided the lowest bid of $47,423.00 for the 60 Colt Rifles.

The total amount encumbered with LC Action Police Supply this fiscal year, which includes the purchase of 60 Colt Rifles, as well as previous purchases already made, is $64,019.23. The Department is seeking authorization from Council for a total amount not to exceed $75,000 in FY 2023/24, for purchases with LC Action Police Supply, which will cover the amounts already encumbered, as well as allow for the procurement of additional items from LC Action Police Supply, if needed.

In accordance with Policy 708, Military Equipment Funding, Acquisition and Use (Policy 708), the Department will return to Council in the future with its annual report to outline the Department’s military equipment inventory, which will include the purchase of the 60 Colt Rifles and any other military equipment as defined under Policy 708.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Not Applicable.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

CITY COUNCIL AGENDA ITEM NO. E.12
08/22/2023

ATTACHMENT(S)

1. Resolution

RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING AN AMOUNT NOT TO EXCEED $75,000
FOR THE PURCHASE OF 60 COLT “EPR” L.E. CARBINE RIFLES, AS

WELL AS ANY ADDITIONAL ITEMS NECESSARY FROM LC ACTION
POLICE SUPPLY; AND AUTHORIZING THE CITY MANAGER OR

DESIGNESE TO EXECUTE ANY DOCUMENTS NECESSARY TO
PROCURE THESE ITEMS.

WHEREAS, the Purchasing Policy 10-7 requires that purchases or services over $50,000 be approved by City Council; and
WHEREAS, the Brentwood Police Department’s (Department) top priority is the safety and security of its community and residents; and WHEREAS, law enforcement equipment has evolved over the years, giving officers a greater advantage when dealing with high-stress, low-frequency situations; and
WHEREAS, one of those pieces of equipment is the patrol rifle; and WHEREAS, the Department has rifles that are almost 30 years old and cannot support newer more accurate red dot sights mounted to them; and WHEREAS, red dot sights will give officers an advantage in a high-stress lowfrequency situation allowing officers to quickly and safely stop any threat to the community; and
WHEREAS, the Police Grants Fund has sufficient budget in FY 2023/24 for this purchase and the requisite funds are available from accumulated Community Oriented Policing Services (COPS)/Supplemental Law Enforcement Services Funds (SLESF) allocations; and
WHEREAS, these allocations are restricted for supplementing front-line law enforcement services and equipment.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve an amount not to exceed $75,000 for the purchase of 60 Colt “EPR” L.E. carbine, 11.5” barrel 5.56 rifles, as well as any additional items necessary from LC Action Police Supply, and authorizes the City Manager or designee to execute any documents necessary to procure these items.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 22nd day of August 2023 by the following vote:

CITY COUNCIL AGENDA ITEM NO. F.1
08/22/2023
SUBJECT: Discussion regarding smoke shops and an interim urgency ordinance extending a moratorium on any new tobacco smoke shop
DEPARTMENT: Community Development Department
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager

TITLE/RECOMMENDATION
It is recommended that the City Council adopt an ordinance extending the interim urgency ordinance that implemented a moratorium on new tobacco smoke shops in the city of Brentwood for an additional period of one year, to September 8, 2024 and provide staff with feedback regarding smoke shop rules and enforcement.

This proposed ordinance is intended to preserve the status quo while the City considers further regulations on tobacco sales and distribution. The ordinance will not cause a direct physical change in the environment, nor a reasonably foreseeable indirect physical change in the environment. This action, therefore, does not constitute the approval of a “project” under the California Environmental Quality Act (CEQA), and it is exempt from CEQA. (Public Resources Code § 21065, State CEQA Guidelines §§ 15060(c)(2)-(3), 15061(b)(3), 15064(d)(3), and 15378(a).)

FISCAL IMPACT
Thus far, only minor legal expenses of approximately $1,000 have been incurred. There is no anticipated direct fiscal impact as a result of this proposed moratorium, because there are no pending applications for permits or other land use entitlements for new tobacco smoke shops that will be affected by its adoption.

There may be an indirect fiscal impact in the future, if the City moves forward with permanent bans and/or other regulatory measures regarding tobacco retailers in the city, but those impacts (if any) will be separately analyzed and addressed as appropriate at a later date, including future legal expenses of up to $20,000. Legal expenditures related to the ordinance are funded by the General Fund.

BACKGROUND

CITY COUNCIL AGENDA ITEM NO. F.1
08/22/2023
This action extends the interim urgency ordinance originally adopted by the City Council on September 27, 2022, which was subsequently extended on October 25, 2022, and is set to expire on September 8, 2023. By the end of the ordinance’s term, the City Council must vote to extend the urgency ordinance again, let it expire, or adopt a regular ordinance to repeal and replace it.

Pursuant to Section 17.505.008, the Brentwood Municipal Code (BMC) presently authorizes tobacco and cigar lounges with smoking on-site in certain areas of the PD55 zone (generally located east of the Sand Creek Road and Brentwood Boulevard intersection), and there only upon issuance of a conditional use permit. The City Council directed staff to regulate new tobacco smoke shops that sell products for offsite consumption. This use is currently (and has historically been) considered to be a general retail use under the Brentwood Municipal Code, and therefore permitted by right in any zoning district that allows general retail uses. There are currently no pending applications for tobacco or cigar smoke shop permits or associated land use entitlements in the city.

California Business and Professions Code Section 22971.3 authorizes cities to implement local tobacco licensing laws. The City Council recognized in its June 1, 2022 meeting that there are significant environmental and health effects to the community associated with tobacco that can only adequately be addressed by suspending approvals of new tobacco smoke shops within City limits. Doing so would provide staff time to study and analyze additional regulatory measures for a longterm solution, such as (but not limited to) measures that may extend up to a full prohibition on all retail tobacco smoke shops.

As used in this staff report and the attached draft ordinance, the term “tobacco smoke shop” is defined as:
a retailer whose main purpose is the sale of smoking and/or tobacco products, including, but not limited to, cigars, pipe tobacco, and smoking accessories for off-premises consumption at a retail establishment that either devotes more than (a) fifteen (15%) percent of its total floor area to smoking, drug, electronic cigarettes, electronic vapor devices, and/or tobacco paraphernalia, or (b) a two foot by four (2' by 4') foot (two (2'0") feet in depth maximum) section of shelf space for display of for-sale tobacco products and the sale of smoking and/or tobacco paraphernalia; provided, however, that any grocery store, supermarket, convenience store, gas station, or similar retail use that only sells conventional cigars, cigarettes or tobacco as an ancillary sale shall

CITY COUNCIL AGENDA ITEM NO. F.1
08/22/2023
not be defined as a “tobacco smoke shop” and shall not be subject to the restrictions in this chapter.

Currently, there are approximately 10 permitted tobacco smoke shops operating within city limits. In order to properly study, analyze, and make recommendations concerning such permanent regulatory measures and a potential ban on tobacco retailers generally within City limits, the City Council unanimously adopted an interim urgency ordinance on September 27, 2022, to place a moratorium on the issuance of any permits, entitlements, or other approvals of new tobacco smoke shops within the city during the time the moratorium is in effect.

No new permit, license, or entitlement for any new tobacco smoke shop within the city is allowed during the moratorium. Existing tobacco smoke shops are permitted to apply for renewals of existing entitlements during the moratorium, which would be subject to approval or denial under existing standards. The City also reserves the right to suspend or revoke any existing permit, license, or entitlement of tobacco smoke shops under existing standards. The interim urgency ordinance was originally effective for 45 days, but was extended by the City Council on October 25, 2022 for an additional 10 months and 15 days, which is set to expire on September 8, 2023.

This action would extend the urgency ordinance adopted by the City Council for an additional one year, to September 8, 2024. This urgency ordinance will be followed by a regular ordinance sometime in the summer of 2024. The regular ordinance would be subject to review by both the Planning Commission and City Council, as it will be part of the zoning ordinance. The regular ordinance would take effect 30 days after adoption and would repeal and replace the urgency ordinance.

A permeant tobacco regulation will be included as part of the City’s focused zoning code update.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

CITY COUNCIL AGENDA ITEM NO. F.1
08/22/2023

DATE OF NOTICE
The City of Brentwood published a notice of public hearing in the Brentwood Press on August 11, 2023.

ENVIRONMENTAL DETERMINATION
As noted above, the proposed ordinance is intended to preserve the status quo while the City considers further regulations on tobacco sales and distribution. The ordinance will not cause a direct physical change in the environment, nor a reasonably foreseeable indirect physical change in the environment. This action, therefore, does not constitute the approval of a “project” under CEQA, and it is exempt from CEQA. (Public Resources Code § 21065, State CEQA Guidelines §§ 15060(c)(2)-(3), 15061(b)(3), 15064(d)(3), and 15378(a).)

ATTACHMENT(S)

1. Previous Action

2. Proposed Interim Urgency Ordinance

PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the City Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.  On June 1, 2022, the City Council unanimously voted to direct staff to spend time and resources on updating zoning regulations to limit or prohibit sales of tobacco.
 On September 27, 2022, the City Council unanimously adopted Interim Urgency Ordinance No. 1046 implementing a moratorium on the issuance of any new permit, license, or entitlement for any new tobacco smoke shop.  On October 25, 2022, the City Council unanimously adopted Interim Urgency Ordinance No. 1050 extending the original interim urgency ordinance for a period of 10 months and 15 days, in accordance with Government Code section 65858(a).

ORDINANCE NO.

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF BRENTWOOD EXTENDING THE INTERIM URGENCY

ORDINANCE IMPLEMENTING A MORATORIUM ON THE ISSUANCE

OF ANY NEW PERMIT, LICENSE, OR ENTITLEMENT FOR ANY NEW

TOBACCO SMOKE SHOP IN THE CITY OF BRENTWOOD, PENDING
COMPLETION OF A COMPREHENSIVE REVIEW OF THE CITY’S

ZONING ORDINANCE, AND FINDING THE ACTION EXEMPT FROM
CEQA
WHEREAS, the City of Brentwood (“City”) presently regulates tobacco smoke shops within the city as a general retail use as governed by various sections of the Brentwood Municipal Code (“BMC”), but the City now wishes to examine the desirability and feasibility of a more robust set of regulations and/or prohibitions concerning the establishment of new tobacco smoke shops within the city; and WHEREAS, the City wishes to allow currently permitted and existing tobacco smoke shops to remain in operation, while also extending this interim urgency moratorium on new entitlements for tobacco smoke shops, in order to balance existing property rights against its consideration of the potential impacts that tobacco smoke shops may have on the public health, safety, and welfare, and evaluation of what City regulations and restrictions, if any, should be imposed on such activities; and
WHEREAS, for purposes of this interim urgency moratorium, the term ‘tobacco smoke shop’ shall be defined as:
“a retailer whose main purpose is the sale of smoking and/or tobacco products, including, but not limited to, cigars, pipe tobacco, and smoking accessories for off-premises consumption at a retail establishment that either devotes more than (a) fifteen (15%) percent of its total floor area to for-sale tobacco products and smoking, drug, electronic cigarettes, electronic vapor devices, and/or tobacco paraphernalia, or (b) a two foot by four (2' by 4') foot (two (2' 0") feet in depth maximum) section of shelf space for display of for-sale tobacco products and the sale of smoking and/or tobacco paraphernalia; provided, however, that any grocery store, supermarket, convenience store, gas station, or similar retail use that only sells conventional cigars, cigarettes, or tobacco as an ancillary sale shall not be defined as a ‘tobacco smoke shop’ and shall not be subject to these restrictions;” and
WHEREAS, this interim urgency moratorium on new tobacco smoke shops in the city will give the City sufficient time to study, analyze, and report on the benefits and detriments of enacting a permanent ban on smoke shops, and to address any necessary modifications to the City’s current tobacco regulations in the BMC as appropriate; and

WHEREAS, the City Council of the City of Brentwood is authorized, pursuant to Article 11, Section 7 of the California Constitution, to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, California Government Code Section 65858 authorizes the City Council to adopt, by a four-fifths vote and without following the procedures otherwise required for the adoption of a zoning ordinance, an interim urgency ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, planning commission, or planning department is considering, or studying, or intending to study within a reasonable time; and
WHEREAS, on September 27, 2022, the City Council adopted an interim ordinance via Urgency Ordinance No. 1046, implementing a 45-day moratorium on the issuance of any new permit, license, or entitlement for any new tobacco smoke shop in the city, pending completion of a comprehensive review of the City’s zoning ordinance; and
WHEREAS, on October 25, 2022, the City Council adopted Urgency Ordinance No. 1050, extending the moratorium for an additional 10 months and 15 days, to September 8, 2023; and
WHEREAS, unless the City Council takes further action, Urgency Ordinance No. 1050 will cease to be in effect as of September 8, 2023; and WHEREAS, City staff is still in the process of studying potential regulatory standards and location requirements for tobacco smoke shops, in order to determine whether and how such standards should be integrated into the Brentwood Municipal Code; and
WHEREAS, the City Council desires to maintain the protections of Urgency Ordinance No. 1050 while staff completes its work.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD does ordain as follows:

SECTION 1. The recitals set forth above are hereby adopted as the findings of the City Council in connection with the adoption of this ordinance. In support of the recitals stated above, the City Council hereby finds and determines that it is necessary to adopt an interim urgency ordinance to prohibit new tobacco smoke shops, while City staff takes a reasonable time to consider and study further regulation and zoning procedures relating to such activities within the city. In addition, the City Council finds that the recitals and findings in Urgency Ordinance No. 1050 remain true and correct, and are incorporated herein by this reference.

SECTION 2. This Urgency Ordinance was noticed pursuant to Government Code section 65090 and the City Council conducted a public hearing pursuant to Government Code section 65858, subdivision (a).

SECTION 3. The interim ordinance adopted by Urgency Ordinance No. 1050 is extended by this Urgency Ordinance for a period of one year, or until September 8, 2024.

SECTION 4. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, the City Council finds that this ordinance is exempt under CEQA pursuant to Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment) of the CEQA Guidelines because this ordinance will not cause a change in any of the physical conditions within the area affected by the ordinance.

SECTION 5. This Urgency Ordinance is necessary to protect the City and its residents, businesses, and visitors from the potential health and safety impacts of tobacco smoke shops under current City regulations, including concerns with neighborhood safety, effects on minors, location near sensitive uses, and other public health impacts, and to preserve the quality of life, health, safety, and welfare of the community.

SECTION 6. This Urgency Ordinance will be published in accordance with Government Code Section 36933 by either posting or publishing the Urgency Ordinance in accordance with that law.

SECTION 7. This Urgency Ordinance is adopted by a four-fifths vote of the Brentwood City Council. Any future extension of this Urgency Ordinance will require a four-fifths vote of the City Council.

SECTION 8. Ten days prior to the expiration of this Urgency Ordinance or any extension, the City Council will issue a written report describing the measures taken to alleviate the condition which led to the adoption of this Urgency Ordinance, as required under Government Code Section 65858, subdivision (d).

THIS FOREGOING URGENCY ORDINANCE was adopted at a regular meeting of the Brentwood City Council on the 22nd day of August, 2023 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED:
______________________________
Joel Bryant, Mayor
ATTEST:
_________________________
Margaret Wimberly, MMC
City Clerk

CITY COUNCIL AGENDA ITEM NO. G.1
08/22/2023
SUBJECT: Convert for Cash Water Conservation Rebate Program and Guidelines.

DEPARTMENT: Public Works
STAFF: Casey Wichert, Director of Public Works
James Wolfe, Water Operations Manager
Lindsey Ray, Water Conservation Specialist

TITLE/RECOMMENDATION
Adopt a Resolution approving the Convert for Cash Water Conservation Rebate Program and Guidelines which provide rebates for conversion of landscape to water efficient plants and drip irrigation, as well as replacement of appliances with water efficient models, in order to support continued efforts to use water more efficiently.

FISCAL IMPACT
The Council approved FY 2023/24 Water Enterprise Operating Budget includes $165,000 for drought outreach materials and incentives. The fiscal impact is dependent on the number of Convert for Cash rebate program applications received and approved for payment; however, it will not exceed the $165,000 budget.

BACKGROUND

EXECUTIVE ORDERS, PROCLAMATIONS, AND REGULATIONS
On July 8, 2021, the California Governor issued Executive Order N-10-21 calling for a voluntary reduction in water use by 15% compared to 2020 usage.

On October 19, 2021, the California Governor proclaimed a state-wide drought emergency.

On January 4, 2022, the State Water Resources Control Board (SWRCB) adopted Emergency Regulations prohibiting wasteful water use.

On March 28, 2022, the California Governor issued Executive Order N-7-22 calling on Californians to limit summertime water use and requiring the SWRCB to consider

CITY COUNCIL AGENDA ITEM NO. G.1
08/22/2023
adopting emergency regulations to require urban water suppliers to take actions identified in their water shortage contingency plans.

On May 24, 2022, the SWRCB adopted Resolution No. 2022-0018 requiring urban water suppliers to implement all demand reduction actions equivalent to stage two of their water shortage contingency plan.

On March 24, 2023, the California Governor issued Executive Order N-5-23 eliminating the need for certain provisions in the State Emergency Proclamations that directed action by state agencies, departments, and boards to mitigate the effects of the extreme drought conditions. Improved conditions helped rehabilitate surface water supplies, but have not abated the severe drought conditions that remain in some parts of the State.

REBATE PROGRAM OVERVIEW
In 2015, Council authorized staff to develop and implement a water conservation rebate program to incentivize City water utility customers (customers) to reduce potable water usage. This original program, called the Convert for Cash Water Conservation Rebate Program, included available rebates to customers who permanently converted areas of landscaping or replaced irrigation equipment that would permanently reduce a customer’s volume of water use, as well as rebates for certain appliance replacements with water efficient models. The 2015 program proved successful with 594 conversion rebates paid, totaling approximately $222,900, from June 2015 to June 2016, and an approximately $300,000 in rebates paid through FY 16/17.

The Public Works Department will be implementing and utilizing an equivalent of the previous program, also called the Convert for Cash Water Conservation Rebate Program (Program). Through the Program, eligible customers can receive rebates for certain appliance or equipment replacements with water efficient models which includes:
• $25 traditional toilet(s) replacement with high efficiency models • $50 traditional washing machine replacement
• $50 pool cover purchase or replacement.

The Program will also include lawn and drip irrigation conversion rebates that are $1 per square foot of lawn replaced, with a maximum residential combined rebate of $1,000 and a maximum commercial combined rebate of $5,000.

CITY COUNCIL AGENDA ITEM NO. G.1
08/22/2023
There are several factors to consider in order for customers to qualify for the lawn conversion rebates. Lawns to be converted must:
• Be located in the front yard or in a publicly accessible area visible to the public, with a minimum of 300 square feet being converted, unless otherwise approved by City staff.
• Use enough plants (planted in the ground) so that at least 50% of the yard is covered once fully grown per Brentwood Muni Code 8.36.030. Tree canopy and plants outside of the converted area are not considered in the calculation, even if they are adjacent to or overhanging the converted area.

Plants must be drought tolerant and adaptable to our local climate. • Concrete and other non-permeable surfaces may be used but cannot make up more than 20% of the total area to be rebated. Artificial grass may also be used but cannot make up more than 20% of the total area to be rebated.

The 50% plant coverage still applies to the entire area. • Existing lawn sprinkler heads in the converted area must be removed. Any lawn areas remaining outside the converted area must be irrigated separately from the new landscape.

These rebates will be available to residential, commercial, and multi-family customers who receive potable water for their landscape through a metered service in the City.

Rebates of $25 or less will be credited on the customer’s City utility account and rebates more than $25 will be issued by check, with confirmation that the customer’s City utility account is in “good standing.”
The Program includes staff coordination and involvement from several departments such as Community Enrichment and Utility Billing. Staff anticipates to implement the Program in September 2023.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by City Council is included on Attachment 1.

DATE OF NOTICE
Not Applicable.

CITY COUNCIL AGENDA ITEM NO. G.1
08/22/2023

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Convert for Cash Guidelines

ATTACHMENT “1”
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

On May 26, 2015, City Council took several significant actions related to the drought including:

1. Resolution No. 2015-80, declared a water shortage; and

2. Urgency Ordinance No. 950 and Ordinance No. 951 requiring mandatory water usage reductions; prohibiting certain water use activities; implementing administrative penalties for violations of water use regulations; and authorizing a water conservation rebate program.

On September 8, 2015, by Ordinance 957, City Council took several actions related to the drought including

1. Revising authorized water conservation incentives and a rebate program; and

2. Repealing Ordinance Nos. 950 and 951 if certain conditions are met.

On June 27, 2023, by Resolution 2023-89, City Council approved the amended 2022/23 – 2023/24 Operating Budgets, which includes $165,000 in the Water Enterprise Operating Budget for drought outreach materials and incentives.

On July 25, 2023, City Council authorized staff to spend time and resources to research a funding source and budget implications for a new discount program for residential utility customers or to bring back the previous discount program for residential utility customers.

RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING THE CONVERT FOR CASH

CONSERVATION REBATE PROGRAM AND GUIDELINES, WHICH

PROVIDE REBATES FOR CONVERSION OF LANDSCAPE TO

WATER EFFICIENT PLANTS AND DRIP IRRIGATION, AS WELL AS

REPLACEMENT OF APPLIANCES WITH WATER EFFICIENT

MODELS, IN ORDER TO SUPPORT CONTINUED EFFORTS TO USE
WATER MORE EFFICIENTLY.

WHEREAS, on May 26, 2015, City Council adopted Resolution No. 2015-80, declaring a water shortage; and adopted Urgency Ordinance Nos. 950 and 951 that required mandatory water usage reductions, prohibited certain water use activities, implemented administrative penalties for violations of water use regulations, and authorized a water conservation rebate program; and
WHEREAS, on September 8, 2015, by Ordinance 957, City Council took several actions related to the drought, including revising authorized water conservation incentives and a rebate program; and repealing Ordinance Nos. 950 and 951 if certain conditions were met; and
WHEREAS, regarding the 2015 incentive and rebate efforts, the City implemented a Convert for Cash Water Conservation Rebate Program, which proved successful with 594 conversion rebates paid, totaling approximately $222,900, from June 2015 to June 2016, and an approximately $300,000 in rebates paid through FY 16/17; and
WHEREAS, on January 4, 2022, the State Water Resource Control Board adopted Emergency Regulations prohibiting wasteful water use; and WHEREAS, on March 24, 2023, the California Governor issued Executive Order N-5-23 eliminating the need for certain provisions in the State Emergency Proclamations that directed action by state agencies, departments, and boards to mitigate the effects of the extreme drought conditions. Improved conditions helped rehabilitate surface water supplies but have not abated the severe drought conditions that remain in some parts of the State; and
WHEREAS, on June 23, 2023, by Resolution No. 2023-89, City Council adopted the amended 2022/23 – 2023/24 Operating Budget which includes $165,000 in the Water Enterprise Operating Budget for drought outreach materials and incentives; and
WHEREAS, on July 25, 2023, City Council authorized staff to spend time and

program for residential utility customers or to bring back the previous discount program for residential utility customers; and
WHEREAS, the Public Works Department will be implementing and utilizing an equivalent of the previous program, also called the Convert for Cash Water Conservation Rebate Program (Program) in which eligible customers can receive rebates for certain appliance or equipment replacements with water efficient models and for lawn and drip irrigation conversions to sustainable landscapes; and WHEREAS, these rebates will be available to residential, commercial, and multi-family customers who receive potable water for their landscape through a metered service in the City; and
WHEREAS, rebates $25 or less will be credited on the customer’s City utility account and rebates more than $25 will be issued by check, with confirmation that the customer’s City utility account is in “good standing”; and WHEREAS, staff anticipates to implement the Program in September 2023.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve the Convert for Cash Water Conservation Program and Guidelines, a copy of the latter of which is attached as Exhibit “A”.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 22th day of August 2023 by the following vote:

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CONVERT FOR CASH WATER CONSERVATION REBATE GUIDELINES
Updated:  08/16/23
 Landscape Conversion
 Irrigation Conversion
 Water-Efficient Appliance Replacement
 Smart Irrigation Controllers
 Pool Covers
The City of Brentwood’s Convert for Cash Water Conservation Rebate Program is designed to help water utility customers conserve water.

Converting lawn to sustainable landscape and upgrading to highefficiency irrigation equipment, and appliances helps to conserve the water supply and offers potential savings on utility costs.

Exhibit A

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CONVERT FOR CASH WATER CONSERVATION REBATE GUIDELINES
Updated:  08/16/23

STEPS TO GET A REBATE
STEP 1: COMPLETE AND SUBMIT YOUR APPLICATION
 Review the Program. Complete the attached Application and read the Terms and Conditions; you may apply for one or more of the rebates, up to the maximum rebate amount of $1000 for residential and multi-family accounts 4 units or less, and $5000 for commercial and multi-family accounts 5 units or more.
 If applying for lawn or drip conversion rebate(s), you must attach the following items to your Application:
• Sketch showing the shape of your lawn, pool and/or drip area(s) you wish to convert, including measurements; and
• Photos of the area(s).
 If applying for smart irrigation controller, pool cover, or appliance replacement rebate(s), you must attach a copy of the receipt(s) to the Application.  Application must be signed by the property owner. Non-property owner applicants must also obtain signature of the property owner or owner’s agent.  Mail completed and signed Application to the address provided on the Application under Terms and Conditions.

STEP 2: ON-SITE INSPECTION PRIOR TO START OF LANDSCAPE AND/OR

IRRIGATION CONVERSION(S)
 If applicable to your selected rebate(s), City of Brentwood will contact you for a phone interview to verify that you understand the rebate Program and Terms and Conditions and to schedule an on-site pre-inspection within ten (10) business days after receipt of Application.
 After the pre-inspection and review, you will receive notification by email (if one was provided) or by mail indicating qualification status and maximum rebate amount.

Proceeding prior to authorization is at customer’s own risk.  Pre-inspection is required prior to the start of lawn and drip irrigation conversions.

STEP 3: COMPLETE YOUR CONVERSION(S)
 You will have 6 months from the date of authorization to proceed to complete your conversion(s).
 Be sure to save original receipts or contractor’s itemized invoice for rebated items.  Call the City of Brentwood at the number below to request a post-installation inspection prior to the expiration of your 6-month deadline.
 Any applicable rebate will be processed after verification.

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CONVERT FOR CASH WATER CONSERVATION REBATE GUIDELINES
Updated:  08/16/23
For additional information Contact the City’s Public Works Department Monday - Friday 7:00 a.m. – 3:00 p.m.
(925) 516-5373 or www.brentwoodca.gov/savewater

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CONVERT FOR CASH WATER CONSERVATION REBATE GUIDELINES
Updated:  08/16/23

REBATE REQUIREMENTS & INFORMATION
 Converted and upgraded properties must be served by an active City of Brentwood water utility account using potable water.
 Rebate amounts and rates are shown on the Application.  If conversion is completed in phases, you may apply for additional rebates as long as the total combined rebate amount does not exceed the maximum rebate as described in Step 1.
 Rebates of $25 or less will be credited to the City of Brentwood utility account.  Rebates more than $25 will be issued by check to customers whose City utility account is current (current charges only due).
 Each conversion must meet the “Qualifying” requirements as described for that rebate.  Upon completion of conversion(s), applicant must notify the City of Brentwood within 6 months following the Authorization to Proceed date.
 All rebates are subject to availability of funds, and the City may revise or terminate the rebate program as necessary at its sole discretion.

LAWN AND DRIP IRRIGATION CONVERSION(S):
 The same converted area may qualify for both lawn and drip irrigation conversion rebates.
 Lawn areas proposed to be converted must be currently maintained. Dirt areas that show no signs of the presence of a lawn are not eligible.  Plants must be irrigated by hand or with drip irrigation, unless an exception is approved by the City.

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CONVERT FOR CASH WATER CONSERVATION REBATE GUIDELINES
Updated:  08/16/23

1. LAWN CONVERSION ($1.00/SQUARE FOOT)
While lawns can be a good choice for recreation and sports, they use at least two times more water as sustainable landscapes.

SUSTAINABLE LANDSCAPES INCLUDE PLANTS SUITED TO OUR LOCAL CLIMATE, DRIP IRRIGATION AND MULCH. LAWNS CAN BE CONVERTED USING A

TECHNIQUE CALLED SHEET MULCHING WHICH DECOMPOSES A LAWN IN PLACE AND CONTROLS WEEDS WITH VERY LITTLE DIGGING.

QUALIFYING CONVERSIONS:
 Climate-appropriate plants that require little or no supplemental water once established.

Refer to City’s list of acceptable plants: Drought Tolerant and Native Plant List  A minimum of two inches of mulch covering bare soil after lawn removal.  Lawns converted using sheet-mulching technique.
 Plants that are watered only by hand or with drip irrigation.  Fifty percent (50%) plant cover, when plants are fully grown (does not include tree canopy or plants outside of the conversion area).

Rock (not to exceed 20% of the total area to be rebated).  Non-permeable paving and hardscape (not to exceed 20% of the total area to be rebated).
 Artificial turf (not to exceed 20% of the total area to be rebated).  Lawn areas located in front yard or publicly accessible areas visible to the public.  Minimum of 300 square feet of lawn, unless otherwise approved by City staff.  Existing lawn sprinkler heads in the converted area must be removed from conversion area.

NON-QUALIFYING CONVERSIONS:
 Any plant that is not climate-appropriate*.
 Non-biodegradable material (such as plastic barrier).  Any converted lawn area irrigated with overhead sprinklers. The City may grant exceptions where drip irrigation is not practical.
 Exposed soil surfaces, unless City approves a horticultural exception.  Dirt or weed-filled areas are not eligible.
 Vegetation removal not meeting residential landscaping requirements of Brentwood Municipal Code, Chapter 8.36.

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CONVERT FOR CASH WATER CONSERVATION REBATE GUIDELINES
Updated:  08/16/23

2. DRIP IRRIGATION CONVERSION ($1.00/LINEAR FOOT)
Convert high pressure spray irrigation to drip irrigation. This is a water saving alternative for shrub areas and anywhere sprinklers are used. Drip irrigation is recommended for small, narrow, oddly shaped, windy or steep areas that are difficult to irrigate efficiently with sprinklers. Drip irrigation eliminates problems of costly overspray that wastes water and may damage sidewalks, fences and roads.

QUALIFYING INSTALLATIONS:
 Must replace entire existing high-pressure spray irrigation zone.  Must be installed per manufacturer’s directions.
 Must be installed on the surface, or underground and covered with mulch.  Any drip emitter, including multi-outlet drippers.
 Any bubbler with a flow rate of 0.25 gallons per minute or less.

NON-QUALIFYING INSTALLATIONS:
 Any conversion of a zone that retains a portion of high pressure spray irrigation.

3. SMART IRRIGATION CONTROLLER
($5.00/STATION OR ZONE)
During the irrigation season, it is common for conventional timers to apply twice the amount of water needed by plants. A self-adjusting irrigation controller turns the irrigation system on and off in response to local weather data or actual soil moisture, and adjusts the irrigation system daily — even while on vacation.

QUALIFYING INSTALLATIONS:
 Purchased controllers must be on the Environmental Protection Agency (EPA) list of WaterSense-labeled controller devices. For more information visit Qualifying Smart Irrigation Controllers | Contra Costa Water District, CA (ccwater.com)  Controller must be installed and programmed per manufacturer’s directions and City requirements.

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4. POOL COVER ($50.00/EACH)
Pool covers significantly reduce evaporation and the need to periodically refill pool water levels.

QUALIFYING INSTALLATIONS:
 Pool covers that completely cover the pool and prevent evaporation.

5. APPLIANCE REPLACEMENT
($25/TOILET AND $50/CLOTHES WASHER)
Reduce water use by replacing existing appliances with water-efficient models.

QUALIFYING INSTALLATIONS:
 Toilets using 1.28 gallons of water or less per flush.  Clothes washing machines that qualify as high-efficiency, ENERGY STAR® models.

For the list of qualifying ENERGY STAR® models, click on the following link:
https://guide.pge.com/products/washers
 Dishwashers that qualify as high-efficiency, ENERGY STAR® models: For the list of qualifying ENERGY STAR® models, click on the following link: Find the right dishwashers for your home - PG&E Energy Action Guide (pge.com)

6. COMMERICAL IRRIGATION ONLY METER ($400/METER)
Improve water management by separating meters for indoor and outdoor water. Separately metering outdoor water is the best means of monitoring irrigation water use to determine overwatering. In addition, it may also reduce sewer bills, as sewer rates are determined by water use.

QUALIFYING INSTALLATIONS:
 Must measure all irrigation water supplied to the property.  Meters and installation must meet all City of Brentwood Standard Plans and Specifications, and applicant must obtain all applicable permits.

NON-QUALIFYING INSTALLATIONS:
 Installations that do not clearly separate ALL outdoor water from indoor water.

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7. COMMERCIAL POTABLE TO NON-POTABLE
IRRIGATION SERVICE ($500/SERVICE CONNECTION)
Conserve potable water by converting landscape irrigation to non-potable sources.

Significant cost savings can also be achieved as non-potable water is a fraction of the cost of potable water per unit. Confirm with City staff if non-potable water is adjacent to the service location.

QUALIFYING INSTALLATIONS:
 Must measure all non-potable irrigation water supplied to the property.  Meters and installation must meet all City of Brentwood Standard Plans and Specifications, and applicant must obtain all applicable permits.

NON-QUALIFYING INSTALLATIONS:
 Installations that do not clearly separate ALL outdoor non-potable water from potable water.

CITY COUNCIL AGENDA ITEM NO. H.2.a
08/22/2023
SUBJECT: Request from Mayor Bryant for a draft ordinance related to enclosures for grazing animals used for weed control.

DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Mayor Bryant for City Council discussion of, and possible direction to staff to prepare a draft ordinance related to enclosures for grazing animals used for weed control.

FISCAL IMPACT
There is no Fiscal Impact Associated with this action.

BACKGROUND
Pursuant to Council Policy 110-1 Rule 4.4 (b)(2), this item has been placed on the agenda so that Council may discuss it and provide further direction to staff. Pursuant to Section 4.4, Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
Not Applicable.

CITY COUNCIL AGENDA ITEM NO. H.2.a
08/22/2023

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

ATTACHMENT “1”
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

On August 8, 2023, Mayor Bryant requested a future agenda item related to the preparation draft ordinance related to enclosures for grazing animals used for weed control.

CITY COUNCIL AGENDA ITEM NO. H.2.b
08/22/2023
SUBJECT: Request from Vice Mayor Meyer to provide suggestions to the County for amendments to municipal codes related to animals being kept outdoors during extreme heat.

DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Vice Mayor Meyer to provide suggestions to the County for amendments to municipal codes related to animals being kept outdoors during extreme heat.

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

BACKGROUND
Pursuant to Council Policy 110-1 Rule 4.4 (b)(2), this item has been placed on the agenda so that Council may discuss it and provide further direction to staff. Pursuant to Section 4.4, Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
Not Applicable.

CITY COUNCIL AGENDA ITEM NO. H.2.b
08/22/2023

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

ATTACHMENT “1”
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

On August 8, 2023, Vice Mayor Meyer requested a future agenda item related to suggestions to the County for amendments to Code related to animals being kept outdoors during extreme heat.

CITY COUNCIL AGENDA ITEM NO. H.2.c
08/22/2023
SUBJECT: Requests from Vice Mayor Meyer and Council Member Mendoza for City Council discussion of, and possible direction to staff regarding amendments to Brentwood Municipal Code Chapter

5.74, Lost, Stolen, or Abandoned Shopping Carts
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the written requests from Vice Mayor Meyer and Council Member Mendoza for City Council discussion of, and possible direction to staff to spend staff time and resources regarding amendments to Brentwood Municipal Code Chapter 5.74, Lost, Stolen, or Abandoned Shopping Carts to include consideration of removal of fines for retailers, process for notifying retailers, and enforcement related to stolen carts.

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

BACKGROUND
Pursuant to Council Policy 110-1 Rule 4.4 (b)(1), Vice Mayor Meyer and Council Member Mendoza each made a written request to the City Manager to discuss Brentwood Municipal Code Chapter 5.74, Lost, Stolen, or Abandoned Shopping Carts regarding the consideration of the removal of fines for retailers, process for notifying retailers, and enforcement related to stolen carts. Pursuant to Section 4.4, Council discussion is limited to whether staff time and City resources should be spent on the item, and the time period for scheduling.

CITY COUNCIL AGENDA ITEM NO. H.2.c
08/22/2023

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
The City Council introduced Ordinance No. 1057 adding Chapter 5.74 on April 25, 2023, and it was adopted on May 9, 2023. The staff report from that meeting, the adopted Ordinance, the application for the program, and educational materials are attached for the Council’s reference.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Staff Report and Ordinance 1057

2. Materials from Website related to Shopping Carts

CITY COUNCIL AGENDA ITEM NO. 2
Meeting Date: April 25, 2023
Subject/Title: An ordinance amending the Brentwood Municipal Code to add Chapter 5.74 (Lost, Stolen, or Abandoned Shopping Carts), requiring private management of shopping carts and retrieval of carts from public and private spaces; and an ordinance amending the Brentwood Municipal Code to add Chapter 8.38 (Commercial Property Maintenance), specifying maintenance requirements and standards for non-residential buildings.

Prepared by: Roberta Portillo-Bienemann, Code Enforcement Supervisor Submitted by: Alexis Morris, Director of Community Development

PURPOSE AND RECOMMENDATION
The appearance and maintenance of commercial property located in the city impacts property values and the general welfare of the City. Staff is proposing two new ordinances that will create new regulations related to lost, stolen or abandoned shopping carts and the maintenance of commercial property in order to provide greater clarity about property owners’ responsibilities and provide better enforcement tools for City staff.

Staff recommends that the City Council take the following actions:

1. Introduce, and waive the first reading of An Ordinance of the City Council of the City of Brentwood Adding Chapter 5.74, Lost, Stolen, or Abandoned Shopping Carts, to the Brentwood Municipal Code.

2. Introduce, and waive the first reading of an Ordinance of the City Council of the City of Brentwood Adding Chapter 8.38, Commercial Property Maintenance, to the Brentwood Municipal Code.

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

PREVIOUS ACTION
Staff initiated the proposed ordinances based on operational issues, therefore there are no previous Council actions related to this item.

BACKGROUND
The Municipal Code currently does not contain regulations related to business and property owners’ responsibilities for lost, stolen or abandoned shopping carts, which can make it difficult to enforce prompt removal of shopping carts found on City property or off-premises of the business. The Municipal Code also does not have property maintenance regulations specific to commercial property in the City. There are various maintenance requirements that can be applied to any property in the City, but these generally-applicable maintenance requirements fail to adequately account for the unique design and uses of commercial properties.

The appearance and maintenance of commercial property located in the City impacts property values and the general welfare of the City and the lack of clear regulations can make D.2
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enforcement related to these issues less effective. Furthermore, ensuring quality maintenance of commercial properties in the City will increase in importance as these properties age and mature over time. Therefore, staff worked with outside counsel and the City Attorney’s Office to draft two new ordinances that would create clearly understood and enforceable requirements related to shopping carts and commercial property maintenance.

DISCUSSION
Proposed Shopping Cart Ordinance
The City has a substantial interest in promoting the public health, safety, and welfare of its residents, visitors, and businesses, and the aesthetic qualities of the City. Abandoned or unattended shopping carts off the premises of retail establishments can interfere with pedestrian and vehicle traffic and the use of public streets, sidewalks, public areas, and public rights-of-way for their intended purposes, and can create dangerous conditions for users of those public spaces. They also contribute substantially to litter, clutter, and visual blight.

The goal of the proposed ordinance is to improve cart security by providing a mechanism to place primary responsibility for managing carts with retailers who provide shopping carts to their customers and to set requirements for the prompt retrieval of carts that have been taken off the business premises. Since no City ordinance like the one proposed currently exists, shopping cart owners often do not actively retrieve carts, leaving the City to remove abandoned shopping carts from public spaces.

State law, specifically Sections 22435 through 22435.13 of the California Business and Professions Code, permits cities to adopt an ordinance with regulations to eliminate the accumulation of abandoned shopping carts within city limits. The proposed ordinance is consistent with State law and is consistent with the shopping cart ordinances of other California cities.

The proposed ordinance would deem abandoned or unattended shopping carts found off the premises of retail establishments, on either public or private property, to be a public nuisance.

The carts would be subject to abatement by the City if the private retail owners of the shopping carts do not fulfill their obligations to maintain their carts on site or retrieve those that have migrated offsite.

The intent of the ordinance is to:

1. Provide for pedestrian and vehicle safety;

2. Ensure that the flow of pedestrian or vehicle traffic is not unreasonably interfered with, including ingress into or egress from any residence, place of business, street, sidewalk, public area, public right-of-way, or any legally parked or stopped vehicle;

3. Protect streams, riparian areas, and other natural areas; and

4. Reduce litter, clutter and visual blight associated with abandoned or unattended shopping carts.

5. Divert cart waste from the landfill; and

6. Balance the rights and interests of the owners of shopping carts with the rights and interests of those who do not own shopping carts, but are negatively impacted by shopping carts on private and public property.

This proposed ordinance adds Chapter 5.74 to the City’s Municipal Code to facilitate the retrieval of abandoned shopping carts in the City of Brentwood and defines “abandoned D.2
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shopping cart” as “any cart removed from a business establishment’s premises without written permission of the cart’s owner and located on either public or private property”.

The ordinance encourages responsibility of retrieval by the shopping cart owner. It also establishes requirements for cart containment and retrieval by cart owners, procedures for impoundment of abandoned carts by the City, and recovery from the cart owner of fines and costs incurred by the City.

Loss prevention measures include the development and approval of a shopping cart prevention and retrieval plan for all businesses that provide or intend to provide 25 or more shopping carts to customers. Staff has identified 21 businesses that provide more than 25 carts and eight businesses that provide fewer than 25 carts in the City. Owners must reclaim carts within three days after notice by the City. Any owner who fails to timely obtain an approved shopping cart plan or fails to timely reclaim a cart may be issued an administrative citation fine for noncompliance.

Proposed Commercial Property Maintenance Ordinance
The property values and the general welfare of the city are founded, in part, upon the appearance and maintenance of property located within the city. The proposed ordinance adds Chapter 8.38 to the City’s Municipal Code to encourage the maintenance of commercial (nonresidential) property located within the City. Commercial properties can constitute public nuisances when the maintenance of improvements is not performed in a coordinated and uniform manner. The definition of commercial property in the proposed ordinance is:
“Commercial property” means non-residential property primarily used for business or retail purposes located in a commercial or industrial zone or a legal nonconforming property used for business or retail purposes and located outside of a commercial or industrial zone, regardless of whether the property is occupied or vacant, developed or vacant land”.

There are various maintenance requirements within the Brentwood Municipal Code applicable to all properties and buildings in the City. However, generally applicable maintenance requirements fail to adequately account for the unique design and uses of commercial/nonresidential properties and buildings.

Staff is proposing an ordinance that specifies maintenance requirements and standards for nonresidential buildings that are designed to prevent such properties and buildings from becoming public nuisances due to visual blight, safety hazards, and other blighting conditions. Specifically, this ordinance is intended to give Community Enrichment staff enhanced tools to address a variety of concerns occurring at commercial properties, including deteriorated parking lot striping, lack of landscape maintenance, lack of adequate lighting, lack of adequate garbage service, and graffiti, among others.

Enforcement of the proposed ordinance is intended to address unmaintained commercial properties and prospectively encourage property owners and business operators in Brentwood to maintain attractive places of business to encourage patronage Citywide, and to provide a positive effect on the overall appearance of the City.

Next Steps
If the City Council votes to introduce and waive the first readings of the two new ordinances on April 25th, the ordinances would have an effective date of June 9th. The City Manager sought received feedback from the Brentwood Chamber of Commerce and the Downtown Business Coalition in the development of the ordinances, and Community Enrichment staff will D.2
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ATTACHMENT A

communicate the new requirements of each ordinance to property owners and businesses prior to the new ordinances taking effect.

Staff will mail letters and send emails to all commercial businesses with a valid City of Brentwood Business Tax Certificate to provide notification of the two new ordinances. In addition, staff will create a handout and a Shopping Cart Retrieval and Prevention Plan Application that will be sent to the 29 businesses identified as providing shopping carts for their customers, eight of which provide fewer than 25 shopping carts. This information will also be available on the Community Enrichment page of the City’s website. Additionally, the information will be disseminated via social media and the Brentwood Buzz Newsletter.

FISCAL IMPACT
No direct financial impact is anticipated for the adoption of either proposed ordinance, although there will be indirect costs related to staff time expended to address, enforce and administer the proposed ordinances.

Attachments:

Commercial Property Maintenance ordinance
Shopping Cart Ordinance
D.2
Packet Pg. 187

ATTACHMENT A

ORDINANCE NO. 1057

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADDING CHAPTER 5. 74, LOST, STOLEN, OR ABANDONED SHOPPING

CARTS, TO THE BRENTWOOD MUNICIPAL CODE
WHEREAS, pursuant to the California Constitution, article XI, section 7 and under the City' s general police powers, the City of Brentwood is empowered and charged with responsibility for the health, safety, and welfare of its citizens; and WHEREAS, the City has a substantial interest in promoting the aesthetic qualities of the City; and
WHEREAS, abandoned or unattended shopping carts off the premises of retail establishments can interfere with pedestrian and vehicle traffic and the use of public streets, sidewalks, public areas, and public rights - of-way, can constitute a hazard to streams, riparian areas and other natural areas, and contribute substantially to litter, clutter and visual blight; and WHEREAS, the purpose of this Ordinance is to amend the Brentwood Municipal Code to add Chapter 5. 74 entitled " Lost, Stolen, or Abandoned Shopping Carts," to regulate and prohibit the removal of shopping carts from the premises of retail establishments, including designated parking areas, without the written authorization or consent of the cart' s owner, and to regulate the retrieval and disposition of abandoned or unattended shopping carts that are found off the premises of retail establishments; and
WHEREAS, the City Council finds that the adoption and implementation of the procedures and standards set forth below for the regulation of shopping carts within the City is within the power and authority of the City to protect the public health, safety, and welfare of the City's citizens;
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. Amendment of the Brentwood Municipal Code. The City Council of the City of Brentwood hereby adopts Chapter 5. 74 of the Brentwood Municipal Code, entitled Lost, Stolen, or Abandoned Shopping Carts, to read in its entirety as follows:

Chapter 5. 74 LOST, STOLEN, OR ABANDONED SHOPPING CARTS

5. 74. 010 Findings and purpose.

In enacting this chapter, the city council finds as follows:

A. The property values and the general welfare of the city are founded, in part, upon the appearance and maintenance of property located within the city. 82486. 00059\ 40715627. 1

ATTACHMENT A

B. Abandoned shopping carts constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic within the City.

The accumulation of wrecked, dismantled and abandoned shopping carts on public or private property also tends to create conditions that reduce property values, promoting blight and deterioration in the City. The purpose of this chapter is to ensure that measures are taken by store owners to prevent the removal of shopping carts from store premises and parking lots, to make the removal of shopping carts a violation of this Code, and to facilitate the retrieval of abandoned carts as permitted by State law.

C. This chapter is intended to supplement existing State law regarding shopping carts as set forth in Business and Professions Code sections 22435 through 22435. 8 D. This chapter is reasonably related to the proper exercise of the city' s police power and protects the health, safety, and general welfare of the public.

5. 74.020 Definitions.

For purposes of this chapter, the following words and phrases will have the meanings set forth below:

Abandoned shopping cart" means any shopping cart that is removed from a business establishment' s premises, as identified by the affixed sign, without the written authorization or consent of the cart' s owner and located on either public or private property.

Cart" means a basket mounted on wheels or a similar device generally used by a customer for the purpose of transporting goods of any kind within a retail establishment or designated parking or loading area of that business establishment.

Enforcement officer" means any police officer, code enforcement officer, or other City employee authorized to enforce the provisions of this chapter.

Owner" means any person who owns or provides shopping carts for use by customers in connection with the operation of a business.

Person" means any natural person or legal entity, however formed, as well as any trustee, heir, executor, administrator, receiver, or assign, or any combination of such persons.

Premises" means the entire area owned and utilized by a retail establishment that provides shopping carts for use by customers, including any parking lot or other off-street area provided by an owner, or shared with other retail establishments, for use by customers for parking automobiles or other vehicles.

5. 74.030 Scope.

This chapter applies to all businesses located in the City that provide shopping carts for customer use, and to all shopping carts on and off the premises of businesses within the City. All businesses that provide 25 or more shopping carts for customers must comply with 5. 74. 090 Shopping Cart Prevention and Retrieval Plan.

5. 74.040 Authority to enforce chapter.

A. Any enforcement officer has the authority to administer and enforce this Chapter.

B. The City Manager may adopt supplemental regulations or policies to implement and interpret this Chapter. These regulations or policies must conform with the purpose of this Chapter.

ATTACHMENT A

C. To the extent otherwise permitted by law, an enforcement officer may enter onto any public or private property in the City to retrieve, remove, store, and dispose of any lost, stolen, or abandoned shopping cart, or any part thereof.

5. 74.050 Prohibition against removal or possession of abandoned cart.

A. It is unlawful for any person to temporarily or permanently remove a cart from a business premises or parking area of a business establishment without the express prior written approval of the owner or on -duty manager of the business establishment.

B. It is unlawful for any person to be in possession of a cart that has been removed from a business premises or parking area of a business establishment.

C. An owner may permit customer off -premises use of a shopping cart for transportation of purchased items. The authorization must be in writing with date( s) and time( s) of authorized use. Any shopping cart taken off premises must be returned to the owner' s premises within seventy-two hours.

D. Removal or possession of a cart for the purpose of repair, maintenance, or disposal is exempt from this section.

5. 74. 060 Required signs and identification.

A. Pursuant to Section 22435. 1 of the Business and Professions Code 22435. 1, every shopping cart owned or provided by an owner must have a sign permanently affixed to the shopping cart that includes the following information:

1. The cart owner' s name, business address, and phone number;

2. Notice of the procedure to be utilized for authorized removal of the shopping cart from the premises;

3. Notice that unauthorized removal of the shopping cart from the premises or parking area of a retail establishment, or the unauthorized possession of the shopping cart, is a violation of State law and this Chapter.

4. A valid telephone number and address for returning the shopping cart removed from the business premises or parking area of a business establishment to the owner.

5. 74. 070 Cart containment and retrieval by owners.

A. Every shopping cart owner must lock or otherwise securely contain all shopping carts of the owner after business hours in a manner that prevents theft or removal from the premises.

All shopping carts located on the premises of a retail establishment, other than an establishment open for business twenty- four hours per day, must be collected at the end of each business day by the owner, employees, or authorized agents of the retail establishment and be collectively confined in a secured manner in a designated cart confinement area on the premises until the commencement of the next business day.

B. All shopping carts located on the premises of any retail establishment open for business twenty- four hours per day, other than carts then currently in use by a customer, must be collected by the owner, employees, or authorized agents of the retail establishment and returned to a designated cart confinement area on the premises at least twice per calendar day between the hours of 12: 00 p. m. ( noon) and 12: 00 a. m. ( midnight) on each day the retail establishment is open for business. This section does not apply to:

ATTACHMENT A

1. Shopping carts located within an enclosed building;

2. Shopping carts removed from the premises of a retail establishment for purposes of repair or maintenance that are in the possession or custody of the party to whom removal has been authorized in writing by the shopping cart owner; or

3. Shopping carts being transported by the owner, or an officer, employee, or authorized agent of the owner, to or from a business location of the owner.

C. All abandoned shopping carts that are found off premises must be retrieved as soon as practicable by the owner, or an authorized agent of the owner, including a cart retrieval service retained by the owner. The city will notify the owner of an abandoned shopping cart when such shopping cart is located in a place that can be accessed safely by the owner. Such notice, which will include the cart' s location, may be given by telephone, e- mail, or text message to the owner or owner's agent designated in the abandoned shopping cart prevention and retrieval plan, if an approved plan is in place. Within three business days from the date the owner of the cart is provided with notice by the city that an abandoned shopping cart of the owner has been located, the owner or agent will cause the identified shopping cart( s) to be retrieved.

D. Persons retained to perform shopping cart retrieval services must carry written authorization from the owner to be presented upon request by the City Manager. Vehicles used by retrieval services must bear conspicuous signs identifying the name of the cart retrieval service.

5. 74. 080 Impoundment and retrieval of abandoned shopping carts.

A. Impoundment Pursuant to State Law. The enforcement officer may immediately retrieve and impound any shopping cart, in accordance with the provisions outlined in Business and Professions Code section 22435. 7.

B. Impoundment Following Three -Day Notice. A shopping cart that has a sign affixed to it in accordance with the provisions of this chapter and Business and Professions Code Section 22435. 1 may be impounded by the city provided both of the following conditions are met:

1. The shopping cart is located outside the business premises or parking area of the business establishment. The parking area of a business establishment located in a multi -store complex or shopping center shall include the entire parking area used by the complex or center.

2. Except as provided in subsection C of this section, Impoundment Without Three - Day Notice, the shopping cart is not retrieved within three business days from the date the owner of the shopping cart, or their agent, receives actual notice from the city of the shopping cart' s discovery and location.

C. Impoundment Without Three -Day Notice. The city may retrieve and impound any abandoned shopping cart without first giving three days' notice provided:

1. The enforcement officer provides actual notice to the owner, or their agent, of the impoundment of the shopping cart within twenty-four hours following the impound;

2. The notice informs the owner, or their agent, of the location where the shopping cart may be claimed;

3. Any shopping cart reclaimed by the owner, or their agent, within three business days after the date of actual notice to the owner, or their agent, of the impound, must be released and surrendered to the owner, or their agent, at no charge,

ATTACHMENT A

including the waiver of any impound and storage fees or fines which otherwise would be applicable; and

4. The shopping cart is held at a location that is both: ( i) reasonably convenient to the owner of the shopping cart; and ( ii) open for business at least six hours of each business day.

D. Immediate Retrieval and Impoundment by City for Impeding Emergency Services. The enforcement officer may immediately retrieve and impound any shopping cart from public or private property if the location of the shopping cart impedes emergency services.

E. Any cart reclaimed by the owner or their agent within three business days from the date the owner of the shopping cart, or their agent, is given actual notice by the city of the shopping cart's discovery and location, or impoundment, will not be deemed an occurrence for purposes of this chapter.

F. It is unlawful for any owner of any shopping cart to fail to reclaim a shopping cart within three business days after the date the owner has been given actual notice by the city of the shopping cart' s discovery and location, or impoundment. Such an owner is subject to prosecution or the imposition of administrative costs, fees, fines, interest and other penalties applicable under this chapter commencing four business days after the date of notice.

5. 74. 090 Shopping cart prevention and retrieval plan.

A. Compliance Approved Plan Required. Every owner who provides, or intends to provide, 25 or more shopping carts to customers must develop, implement, and comply with the terms and conditions of an approved plan that provides for the prevention of and retrieval of unauthorized shopping cart removal from a business premises.

B. Plan Contents. At minimum, the prevention and retrieval plan must include the following:

1. Preliminary Information. The name of all owners, the business name, the physical address where the business is conducted, and the name, address, email address, and phone number( s) of the on- site and off-site owner, if different.

2. Inventory of Carts. A complete list of all shopping carts maintained on or in the premises.

3. Community Outreach. A description of a community outreach process under which the owner will cause notice to be provided to customers that the removal of shopping carts from the premises is prohibited and is a violation of state and city ordinance. This notice may include, but is not limited to, flyers distributed at the premises, warnings on shopping bags, signs posted in prominent places near door and parking lot exits, direct mail, announcements using intercom systems at the premises, website or other means demonstrated to be effective to the reasonable satisfaction of the City Manager.

4. Cart Identification. Signs and shopping cart identification requirements must conform to state law. Owners will attach an example of the proposed shopping cart ownership identification sign that must conform to Business and Professions Code Section 22435. 1.

5. Languages. The information required above must be provided in English and Spanish, and in such other language( s) the City Manager may reasonably require.

ATTACHMENT A

6. Loss Prevention Measures. A description of the specific measures that the owner will implement to prevent shopping cart removal from the owner's premises may include, but are not limited to, electronic or other disabling devices on the shopping carts so they cannot be removed from the premises, effective management practices, use of courtesy clerks to accompany customers and return the shopping carts to the store, use of security personnel to prevent removal, security deposit for use of shopping cart, or other demonstrable measures acceptable to the City Manager that are likely to prevent shopping cart removal from the premises. Cart owners must conduct regular maintenance to ensure any disabling devices and security deposit systems are working properly. If at any time a cart owner determines the disabling device installed on a cart is not working properly, the cart must be pulled from circulation until it is repaired. The cart owner must inspect, test, and repair an abandoned cart returned to the owner before making the returned cart available for use.

7. Employee Training. A description of an ongoing employee training program that will be implemented by the owner must be designed to educate new and existing employees on the plan and any conditions contained therein at least annually.

8. Mandatory Cart Retrieval. A plan for retrieval of abandoned shopping carts by the owner within three business days after knowing of a cart' s removal from the owner's premises or after receiving notice from the City that the shopping cart has been abandoned.

C. Review and Approval of Plans. Each prevention and retrieval plan will be evaluated by, and must be approved by, the City Manager. The City Manager may deny the plan if the requirements of this Chapter have not been satisfied. The City must serve the applicant with a written notice of denial. The notice must state the reasons for the denial to assist the owner with obtaining plan approval. An owner must submit a new prevention plan within 15 days of receiving a notice of denial. The City Manager may impose conditions on the approval of a plan, if they determine it to be reasonably necessary to ensure compliance with the requirements of this Chapter. Such conditions may include disabling devices on all carts used by the business in order to prevent removal of carts from the business premises and parking lots.

D. Plan Validity. A prevention and retrieval plan is valid upon approval and continues in effect until a change in ownership. A prevention and retrieval plan approved under this Chapter is valid only as to the owner and approved location, and is therefore nontransferable to other persons or locations.

E. Plan Amendments. If an owner proposes any amendment in the operations or information in an approved plan, the owner must notify the City in writing of any such proposed amendment, and the proposed amendment must be approved by the City Manager before the amendment takes place.

F. Plan Revocation or Modification. The City Manager may revoke or modify an approved prevention and retrieval plan in any of the following circumstances:

The owner has failed to comply with the requirements of this chapter or the approved prevention and retrieval plan.

2. The revocation or modification is reasonably necessary to ensure compliance with State or local laws and regulations or to preserve the public health, safety or welfare.

ATTACHMENT A

The City Manager must serve the owner with a written notice of revocation or modification. Any revocation or modification is final. In the event a plan is revoked, the owner must reapply in accordance with Section 5. 74. 090.

G. Existing Owners. Upon adoption of this Chapter, owners of existing businesses subject to the plan requirement must submit a plan for approval within 30 days of receiving notice from the City that such a plan is required.

5. 74.100 Owner responsibility.

It is the responsibility of the owner to ensure that the business complies with the prevention and retrieval plan at all times. In construing and enforcing this Chapter and any regulations promulgated under this Chapter, the act, omission, or failure of an agent, officer, representative, or other person acting for or employed by an owner, within the scope of their employment or office, will in every case be deemed the act, omission, or failure of the owner.

5. 74. 110 Disposal of carts.

The City may immediately sell or otherwise dispose of any cart that meets one of the following conditions:

A. That is not reclaimed from the city within 30 days of notification to the owner, or the owner' s agent, of the cart' s discovery and location, or impoundment.

B. The owner of the cart cannot be determined for any reason, including if the cart fails to have the identification required by state law or this chapter.

C. If the cart' s condition renders it unusable as determined by the City Manager in their sole discretion.

5. 74. 120 Enforcement and penalties.

A. Whenever a city enforcement officer has determined that a violation of this chapter exists, the enforcement officer may use the procedures set forth in this chapter for the abatement of such public nuisance that is being committed on public property or may utilize any other procedure authorized by law. The remedies, procedures, and penalties provided by this chapter are cumulative to each other and to any other available remedy under city, state, or federal law.

B. When a city enforcement officer determines there is a violation of the provisions of this chapter, he or she is authorized to issue an administrative citation to a responsible party, as provided by Chapter 1. 24 of this Code.

C. When an enforcement officer determines there is a violation of the provisions of this chapter, he or she is authorized to issue an infraction citation to a responsible party as provided by Chapter 1. 20 of this Code.

D. The City Attorney is authorized to bring a civil or equitable action, at their discretion, to seek the abatement of any violation of this chapter.

SECTION 3. CEQA Exempt. The City Council finds that this ordinance is not subject to CEQA pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, the City Council finds that this ordinance is exempt under CEQA pursuant to Section 15061 ( b)( 3) ( there exists no possibility that the activity will have

ATTACHMENT A

a significant adverse effect on the environment) of the CEQA Guidelines because this ordinance will not cause a change in any of the physical conditions within the area affected by the ordinance.

SECTION 4. Entry into Municipal Code. The City Clerk is requested to cause the quoted text in Section 2 above to be entered in the Municipal Code.

SECTION 5. Publication. This ordinance will be published in accordance with Government Code Section 36933 by either posting or publishing the ordinance in accordance with that law.

SECTION 6. Severability. 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 will 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. Effective Date. This ordinance will take effect and be in force 30 days following its adoption.

THIS ORDINANCE was introduced with the first reading waived at a regular meeting of Brentwood City Council on the 25th day of April, by the following vote:

AYES: Mendoza, Meyer, Oerlemans, Pierson and Mayor Bryant NOES: None
ABSENT: None
RECUSE: None
THIS ORDINANCE was adopted with the second reading waived at a regular meeting of Brentwood City Council on the 9th day of May, by the following vote:

AYES: Mendoza, Meyer, and Mayor Bryant
NOES: Oerlemans, Pierson
ABSENT: None
RECUSE: None
ATTEST:

Margaret Wimberly, M
City Clerk

ATTACHMENT A

Abandoned Shopping Cart
Prevention & Retrieval
Shopping carts cannot be removed from the
premises. (BMC 5.74.050)
ABC Shop
123 1st Street, Brentwood, CA 94513
123-456-7890
Unauthorized removal & possession of this cart
is in violation of
BMC Chapter 5.74 & BPC 22435.1.

For removal authorization, please contact the
store manager.

If found, please call 123-456-7890.

Shopping carts must have a permanently
affixed sign in accordance with BMC & BPC.
(BMC 5.74.060)
Shopping carts must be locked or
otherwise secured after business
hours. (BMC 5.74.070)
All shopping carts must be retrieved
within 3 businesses days of notification.
(BMC 5.74.070)
The City may impound a shopping cart from
public or private property if it impedes
emergency services. (BMC 5.74.080)

ATTACHMENT B

5.74.050 Prohibition against removal or possession of abandoned cart.

It is unlawful for any person to remove a cart from a business premises or parking area of a business establishment without the written approval of the owner or on-duty manager of the business establishment.

5.74.060 Required signs and identification.

Pursuant to Section 22435.1 of the Business and Professions Code, every shopping cart owned or provided by an owner must have a sign permanently affixed to the shopping cart that includes the following information:

1. The cart owner’s name, business address, and phone number;

2. Notice of the procedure to be utilized for authorized removal of the shopping cart from the premises;

3. Notice that unauthorized removal of the shopping cart from the premises or parking area of a retail establishment, or the unauthorized possession of the shopping cart, is a violation of State law and this Chapter.

4. A valid telephone number and address for returning the shopping cart removed from the business premises or parking area of a business establishment to the owner.

5.74.070 Cart containment and retrieval by owners
Shopping carts must locked or otherwise securely contained after business hours in a manner that prevents theft or removal from the premises. All abandoned shopping carts that are found off premises must be retrieved as soon as practicable within three business days of notification. Persons retained to perform shopping cart retrieval services must carry written authorization from the owner.

5.74.080 Impoundment and retrieval of abandoned shopping carts.

The City may immediately retrieve and impound any shopping cart that has a sign affixed to it, in accordance with the provisions outlined in Business and Professions Code section 22435.7 & 22435.1. The City may immediately retrieve and impound any shopping cart from public or private property that impedes emergency services. It is unlawful for any owner of any shopping cart to fail to reclaim a shopping cart within three business days after the date the owner has been given actual notice.

5.74.090 Shopping cart prevention and retrieval plan.

Every owner who provides, or intends to provide, 25 or more shopping carts to customers must develop, implement, and comply with the terms and conditions of an approved plan that provides for the prevention of and retrieval of unauthorized shopping cart removal from a business premises.

5.74.110 Disposal of carts.

The City may immediately sell or otherwise dispose of any cart that meets one of the following conditions: The cart is not reclaimed from the city within 30 days of notification of the cart’s discovery and location, or impoundment.

The owner of the cart cannot be determined for any reason. The cart’s condition renders it unusable as determined by the City at their sole discretion.

VENDORS WHO PROVIDE

SHOPPING CART RETRIEVAL
All American Shopping Carts
1-800-913-5639
[email protected]
CityWide Cart Savers
1-800-506-9983
[email protected]
CarTrac (RMS Inc.)
818-817-6712
[email protected]
CHAPTER 5.74 ABANDONED SHOPPING CARTS
Businesses providing 25 or more shopping carts within
the City of Brentwood must
complete a Shopping Cart Prevention & Retrieval Plan
application pursuant to BMC 5.74.090.

For questions, please contact Community Enrichment at
925-516-5405.

By email: [email protected]
By mail or delivery:

Complete and return the plan application as instructed
below. Attach additional sheets if more space is needed.

City of Brentwood - Community Enrichment
Abandoned Shopping Cart Prevention & Retrieval Plan
150 City Park Way
Brentwood, CA 94513
Community Development | City of Brentwood, 150 City Park Way, Brentwood, CA | 94513 925-516-5405 | www.brentwoodca.gov

ATTACHMENT B

By email: [email protected]
By mail or delivery:

Complete and return this application as instructed below. Attach additional sheets if needed.

City of Brentwood- Community Enrichment
Abandoned Shopping Cart Prevention & Retrieval Plan
150 City Park Way
Brentwood, CA 94513

ABANDONED SHOPPING CART PREVENTION & RETRIEVAL PLAN - APPLICATION Businesses providing 25 or more shopping carts within the City of Brentwood must complete this application pursuant to BMC 5.74.090.

For questions about this form, please contact Community Enrichment at 925-516-5405.

INSTRUCTIONS

1.GENERAL INFORMATION
BUSINESS NAME:

BUSINESS OR CORPORATE
OWNER(S) NAME(S):

BUSINESS ADDRESS:

ON-SITE MANAGER:

PHONE NUMBER: EMAIL:

2. CART INVENTORY
NUMBER OF CARTS:

3. COMMUNITY OUTREACH
How are you informing customers that the removal of shopping carts from the premises is prohibited and is a violation of state and city ordinance? The notice may include, but is not limited to:

FLYERS

WARNING ON SHOPPING BAGS

SIGNS POSTED ON PROMINENT PLACES NEAR DOOR AND PARKING LOT EXITS

DIRECT MAIL

ANNOUNCEMENTS USINGS INTERCOM SYSTEMS AT THE PREMISES

WEBSITE
OTHER: _________________________________
Community Development | City of Brentwood, 150 City Park Way, Brentwood, CA | 94513 925-516-5405 | www.brentwoodca.gov

ATTACHMENT B

ABANDONED SHOPPING CART PREVENTION & RETRIEVAL PLAN - APPLICATION

4. CART IDENTIFICATION
Signs and shopping cart identification requirements must conform to state law. The proposed shopping cart ownership identification sign must conform to Business and Professions Code Section 22435.1. The permanently affixed identification sign must contain all listed required elements:

Identity of owner, business establishment, or both
The address and/or phone number of the owner of the business establishment for cart return.

Notice to the public that the removal or possession of the cart off of the premises is a violation of state law unless written permission is provided by the store owner.

Attach a photograph or photocopy of the signage, or if a sticker affixed to the cart, provide a sample sticker or PDF of the sticker.

5. LANGUAGES
The information required above must be provided in English and Spanish, and in such other language(s) the City may reasonably require.

6. LOSS PREVENTION MEASURES
Describe the shopping cart loss prevention measures in use at this store that are likely to prevent shopping carts from being removed from the premises. Check all that apply:

WHEEL LOCKS, ELECTRONIC, OR OTHER DISABLING DEVICES

COURTESY CLERKS TO ACCOMPANY CUSTOMERS AND RETURN SHOPPING CARTS

SECURITY PERSONNEL

CARTS EQUIPPED WITH POLES

CARTS STORED INSIDE OVERNIGHT
OTHER: _______________________________
Regular maintenance must be conducted to ensure any disabling devices and security deposit systems are working properly. If at any time a cart owner determines the disabling device installed on a cart is not working properly, the cart must be pulled from circulation until it is repaired. The cart owner must inspect, test, and repair an abandoned cart returned to the owner before making the returned cart available for use.

Community Development | City of Brentwood, 150 City Park Way, Brentwood, CA | 94513 925-516-5405 | www.brentwoodca.gov

7. EMPLOYEE TRAINING
Describe the annual method of employee training on the store’s Abandoned Shopping Cart Prevention & Retrieval Plan. Check all that apply:

STAFF MEETINGS

EMPLOYEE ORIENTATION

POSTING IN EMPLOYEE AREAS
OTHER: _______________________________

8. MANDATORY RETRIEVAL
A plan for retrieval of abandoned shopping carts by the owner within three business days after knowing of a cart’s removal from the owner’s premises or after receiving notice from the City that the shopping cart has been abandoned. Who should the City of Brentwood contact for cart retrieval? NAME: PHONE NUMBER:

CAN THIS PHONE NUMBER ACCEPT TEXT MESSAGES? YES
NO

ATTACHMENT B

ABANDONED SHOPPING CART PREVENTION & RETREIVAL PLAN - APPLICATION

9. AFTER HOURS SHOPPING CART STORAGE
Please indicate where the carts are located after business hours. Check all that apply:

INDOORS

OUTDOORS
DESCRIBE THE LOCATION AND LOCKING SYSTEM:

SIGNATURE
To the best of my knowledge the above information is true and accurate.

SIGNATURE (Store Representative):

PRINT NAME:

TITLE: DATE:

Community Development | City of Brentwood, 150 City Park Way, Brentwood, CA | 94513 925-516-5405 | www.brentwoodca.gov

ATTACHMENT B

CITY COUNCIL AGENDA ITEM NO. H.2.d

08.22.2023
SUBJECT: Request from Council Member Mendoza for staff to prepare an informational report and potential updates to the Urgency Ordinance related to the moratorium for any new tobacco smoke shop in the City, to include recent approvals and guidelines.

DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Mendoza for staff to prepare an informational report and potential updates to the Urgency Ordinance related to the moratorium on any new tobacco smoke shop in the City, to include recent approvals and guidelines

FISCAL IMPACT
There is no fiscal impact associated with this item. There may be workload impacts resulting from further direction provided.

BACKGROUND
Pursuant to Council Policy 110-1 Rule 4.4 (b)(2), this item has been placed on the agenda so that Council may discuss it and provide further direction to staff. Pursuant to Section 4.4, Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE

CITY COUNCIL AGENDA ITEM NO. H.2.d

08.22.2023
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

ATTACHMENT “1”
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

On August 8, 2023, Council Member Mendoza requested staff to prepare an informational report and potential updates to the Urgency Ordinance related to the moratorium for any new tobacco smoke shop in the City, to include recent approvals and guidelines.

CITY COUNCIL AGENDA ITEM NO. H.2.e
08/22/2023
SUBJECT: Request from Council Member Mendoza for staff to prepare a local ordinance related to liquor licenses, with the ordinance defining “schools” and regulating proximity to specific uses.

DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Mendoza for staff to prepare a local ordinance related to liquor licenses, with the ordinance defining “schools” and regulating proximity to specific uses.

FISCAL IMPACT
There is no fiscal impact associated with this discussion. There may be workload impacts resulting from direction provided.

BACKGROUND
Pursuant to Council Policy 110-1 Rule 4.4 (b)(2), this item has been placed on the agenda so that Council may discuss it and provide further direction to staff. Pursuant to Section 4.4, Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
Not Applicable.

CITY COUNCIL AGENDA ITEM NO. H.2.e
08/22/2023

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

ATTACHMENT “1”
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

On August 8, 2023, Council Member Mendoza requested staff to prepare a local ordinance related to liquor licenses, with the ordinance defining “schools” and regulating proximity to specific use..