Brentwood City Council
September 26, 2023

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 $385,919.28 $773.69 $292,062.18 $82,229.43 $10,853.98 Arterial Landscaping $4,112,187.60 $9,371.34 $3,537,633.52 $498,006.26 $67,176.48 Community and Neighborhood Parks $8,958,822.77 $10,852.88 $7,642,526.74 $1,000,974.76 $304,468.39 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 $1,051,366.83 $8,573.90 $844,879.93 $124,317.32 $73,595.68 Maintenance Subtotal $14,547,980.98 $68,462.62 $12,317,102.37 $1,705,527.77 $456,888.22 Local In-Tract Reserves
Capital Reserves5 $7,778.40 $7,778.40 NA NA NA
Operating Reserves/Contingency5 $4,047.83 $3,889.09 NA NA $158.74 Reserves Subtotal $11,826.23 $11,667.49 NA NA $158.74
Total $14,559,807.21 $80,130.11 $12,317,102.37 $1,705,527.77 $457,046.96 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)
Project
Location
APN
016-040-005
Legend
LLAD No. 23-1 Boundary
Parcel Lines
Gracie Ln
Adams
Ln
L
o
n
e
O
a
k
R
d
L
o
n
e
O
a
k
R
d
120 60 0 120
Feet

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 $773.69 $292,062.18 $82,229.43 $10,853.98 $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 number 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 $4,084.74 $3,586,752.33 $376,740.88 $208,819.89 $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 $6,768.14 $4,055,774.41 $624,233.88 $95,648.50 $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 $8,573.90 $844,879.93 $124,317.32 $73,595.68 $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 $385,919.28 $773.69 $292,062.18 $82,229.43 $10,853.98 $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 $8,958,822.77 $10,852.88 $7,642,526.74 $1,000,974.76 $304,468.39 $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 $1,051,366.83 $8,573.90 $844,879.93 $124,317.32 $73,595.68 $173.21 Subtotal $14,547,980.98 $68,462.62 $12,317,102.37 $1,705,527.77 $456,888.22 $1,383.08 Local In-Tract Reserves
Capital Reserves5 $7,778.40 $7,778.40 N/A N/A N/A $157.14 Operating Reserves/Contingency5 $4,047.83 $3,889.09 N/A N/A $158.74 $78.57 Subtotal $11,826.23 $11,667.49 N/A N/A $158.74 $235.71
Total $14,559,807.21 $80,130.11 $12,317,102.37 $1,705,527.77 $457,046.96 $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 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 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. 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
Assessor Parcel Development FY 2023-24
Number(s) Name Maximum Assessment
016-040-005 Orchard Grove $80,130.11
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

!(
!(
!(
!(
!( !( !( !(
!( !( !(
!(
!(
!(
!(
!(
!(
City of Brentwood - LLAD No. 23-1 In-Tract Benefit Diagram Gracie Ln
Adams
Ln
L
o
n
e
O
a
k
R
d
L
o
n
e
O
a
k
R
d
¯ 100 50 0 100
Feet
Street A
Street C
Stre
et B
Parcel A
B-4
Legend
LLAD No. 23-1 Boundary
Parcel Lines
In-Tract Landscaping
Bio Retention Basin Landscaping
!( In-Tract Street Lighting
Soundwall
Fence

City of Brentwood - 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
Parcel Lines
City Limit
LLAD No. 23-1 Boundary
Grant Street Trail
Trail Benefit Boundary
Parcels within Trail Benefit Boundary

CITY COUNCIL AGENDA ITEM NO. H.1
09/26/2023
SUBJECT: Review of City Council/Administrative Policy Ethics and Conduct Policy 110-5
DEPARTMENT: City Manager’s Office
STAFF: Darin Gale, Assistant City Manager

TITLE/RECOMMENDATION
That the City Council discuss and provide direction to staff on potential amendments to City Council/Administrative Policy 110-5, Ethics and Conduct

FISCAL IMPACT
There is no fiscal impact associated with this action, however, utilizing a consultant with expertise in this area, as well outside legal counsel for a review of the enforceability of State and Federal law violations, could cost approximately $25,000 depending on the final scope and time commitment involved. Any costs incurred will be funded by the General Fund.

BACKGROUND
In response to Council Member Mendoza’s future agenda request on October 11, 2022, and later deferred with her permission until September 2023, this request is seeking City Council direction about amendments to the City Council Ethics and Conduct policy (the Policy). At the meeting, the City Council authorized the following direction:

Update the City of Brentwood Ethics & Conduct Policy:
 Benchmark other cities ethic and conduct policies, include copies of the policies in a future staff report and highlight best practices
 Benchmark policies from Cities that might have recently updated their policy or dealt with recent violations
 Review City Council option to discuss possible violations of State & Federal Law during regular council meetings and to refer to the appropriate legal agencies  Specifically consider Council options for possible Brown Act Violations  Once information is collected as mentioned above, hold a workshop for Council and Public discussion to recommend updated Council Ethics & Conduct Policy

CITY COUNCIL AGENDA ITEM NO. H.1
09/26/2023
Staff is seeking authorization to hire a consultant to prepare amendments to the Policy, and outside counsel to review questions associated with the ability to discuss and/or enforce State and Federal law violations. Staff will return with their assistance in providing benchmark policies, as well as determinations on whether there are alternatives and options about addressing Federal and State law. If authorization is received, the additional General Fund budget request required for this assistance will be included in a future agenda item on this matter.

To look into how best to provide the City Council with baseline information related to the Policy, staff contacted, JoAnne Speers of S2, Ethics Strategies, an expert on ethics issues and policies. Ms. Speers provided a broad review of the Policy, and her thoughts are included in the attached letter. Ms. Speers did not charge the City for her review. She stated that the Policy “benchmarks well” and recommended four areas to consider:

1. Length and Relevance: “Extensiveness” (or length) can be a double-edged sword. Longer documents—particularly those with less relevant information-- are more difficult for busy elected officials to keep top of mind.

2. Terminology: The code has language that may be ambiguous or overly broad.

3. Process: To be maximally effective, it can be helpful for those whose conduct is to be guided by the document to have the opportunity for input into its content. A good practice is to give Councilmembers the opportunity to review, revise and refine ethics codes periodically.

4. Implementation: Most of the time, implementation is a staff function. This is less so with policies that pertain to the Council’s values and behaviors, since Councilmembers in their words and actions are the policy’s implementers.

There are some additional practices the Council can consider in enhancing its implementation processes.

As Ms. Speers’ review was a broad overview of the Policy, a more in-depth analysis could result in additional recommendations. Such recommendations would be brought forward when the matter is again considered by the Council.

Finally, the current Ethics and Conduct Policy does not apply to violations of State and Federal law. When this matter was discussed in 2022, questions were raised about this applicability issue. If the Council is still interested in exploring this issue, with your direction staff would engage the services of special counsel to prepare an opinion memo.

CITY COUNCIL AGENDA ITEM NO. H.1
09/26/2023

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. City Council/Administrative Policy 110-5 Ethics and Conduct

3. S2, Ethic Strategies – Outside Legal Counsel Code Review & Recommendation

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 January 8, 2013, the City Council formed an ad hoc committee comprised of then Vice Mayor Bryant and Council Member Stonebarger. The committee was authorized to review City Council/Administrative Policies regarding their applicability to City Council Members; consider how violations of those policies by Council Members would be treated; and recommend updates of those policies to the City Council.

On January 22, 2013, by motion, the City Council revised the purview of the City Council Policies and Procedures Committee to include the drafting of a City ethics policy.

On December 10, 2013, the City Council adopted Resolution No. 2013-174, amending in its entirety Rule No. 35 (Sanctions) of the Meeting Rules and Procedures Policy to add penalty provisions for violations of Council/Administrative Policies by the Mayor and/or Council Members.

On January 28, 2014, the City Council revised the name of the Policies and Procedures Committee to the Ethics Policy Development Committee and revised the Committee’s purview.

On May 13, 2014, the City Council adopted the Ethics and Conduct Policy (No. 110- 5).

On June 14, 2016, the City Council amended the Ethics and Conduct Policy to add, from the Meeting Rules and Procedures, provisions that related more to City Council general rules of conduct.

On September 13, 2022, Council Member Mendoza requested a future agenda item to consider amending the Ethics and Conduct Policy to permit the discussion of alleged City policy violations by members of the City Council, when following established procedures could result in a majority of the City Council discussing the allegation outside of a noticed meeting.

On September 27, 2022, the City Council authorized expending staff time and resources to amend the Policy as described above.

On October 11, 2022, the City Council adopted Resolution No. 2022-127, amending the City Council’s Ethics and Conduct Policy to allow discussion of alleged City policy violations by members of the City Council, when following the Policy could otherwise

result in a quorum of the City Council discussing such allegations outside of a noticed meeting.

On October 12, 2022, the City Council directed staff to spend time and resources on the following to update the City of Brentwood Ethics & Conduct Policy:
 Benchmark other cities ethic and conduct policies, include copies of the policies in a future staff report and highlight best practices
 Benchmark policies from Cities that might have recently updated their policy or dealt with recent violations
 Review City Council option to discuss possible violations of State & Federal Law during regular council meetings and to refer to the appropriate legal agencies  Specifically consider Council options for possible Brown Act Violations  Once information is collected as mentioned above, hold a workshop for Council and Public discussion to recommend updated Council Ethics & Conduct Policy.

On March 28, 2023, Vice Mayor Meyer requested a future agenda item regarding a staff presentation on City Council policies related to Council response to public comment.

NO ACTION TAKEN: On April 11, 2023, the City Council received a report on a future agenda item request from Vice Mayor Meyer for a staff presentation and City Council discussion on polices related to City Council response to public comment; information about City Council meeting decorum.

Subject: Ethics and Conduct Policy Policy No: 110-5 Date: 10/11/2022 Resolution No: 2022-127 Page 1 of 14

CITY OF BRENTWOOD ETHICS

AND CONDUCT POLICY

TABLE OF CONTENTS
Page

1. PURPOSE; APPLICABILITY ........................................................................................... 2

2. CORE VALUES ............................................................................................................... 2

3. PROTOCOL RELATED TO CONDUCT ........................................................................... 5 [Adapted from Existing Policy 110-1 re City Council Meeting Rules and Procedures, Rules 28-35]

3.1 Ceremonial Events

3.2 City Letterhead; Correspondence Signatures

3.3 Travel Expenses

3.4 Endorsement of Candidates

3.5 Conduct with City Staff

3.6 Conduct with Commissions

3.7 Conduct with Other Public Agencies

3.8 Conduct with the Public

3.9 Conduct with the Media

4. IMPLEMENTATION AND ENFORCEMENT...................................................................... 7 Attachment 1, Certification ........................................................................................................... 11

Subject: Ethics and Conduct Policy Policy No: 110-5 Date: 10/11/2022 Resolution No: 2022-127 Page 2 of 14

1. PURPOSE; APPLICABILITY
It is the intent of this Ethics and Conduct Policy (“Policy”) to promote and maintain fair, ethical, and accountable local government for the City of Brentwood (“City”). The people of Brentwood expect public officials to comply with both the letter and the spirit of the laws of the United States of America and of the State of California; the Brentwood Municipal Code; and established policies of the City affecting the operations of local government. All persons covered by this Policy will aspire to meet the highest ethical standards in discharging their responsibilities as elected officials of the City.

This Policy addresses various aspects related to the governance of the City of Brentwood and supplements, but does not supplant, other laws and rules regarding the legal responsibilities of City officials. These include, but are not limited to, the Federal and State Constitutions; various provisions of the California Government Code (such as the Brown Act and the Political Reform Act); laws prohibiting discrimination and harassment; and the City of Brentwood Municipal Code. Elected officials are expected to be familiar with these laws to ensure that they exercise their public responsibilities in a proper fashion.

While it is not possible to anticipate and provide a rule of conduct and ethics for all situations that public officials may face, this Policy is designed to provide a framework to guide public officials in their daily duties.

In this Policy, the term “City Council” or “Council Members” includes the Mayor and Vice-Mayor, unless the context requires otherwise. Sections 2 and 4 of this Policy apply to Council Members acting in their official capacities and in the discharge of their duties. Section 3 applies to the City Council and Commissions whenever Commissions are specifically mentioned.

2. CORE VALUES.

Attitudes, words, and actions should demonstrate, support, and reflect the following qualities and characteristics for the well-being of the community. The five core values, developed by the employees of the City, and expressions that reflect these core values are as follows:

INTEGRITY – uncompromising adherence to moral and ethical principles • I am honest with my fellow elected officials, City staff, members of the community, and others. • I do not promise what I believe to be unrealistic.
• I am prepared to make unpopular decisions when my sense of the public’s best interests requires it.
• I credit others’ contributions to moving our community’s interests forward. • I do not knowingly use false or inaccurate information to support my position or views. • I safeguard my ability to make independent, objective, fair and impartial judgments by scrupulously avoiding financial and social relationships and transactions that may compromise, or give the appearance of compromising, objectivity, independence, and honesty.
• I do the right thing, even when no one is looking.

Subject: Ethics and Conduct Policy Policy No: 110-5 Date: 10/11/2022 Resolution No: 2022-127 Page 3 of 14
• I use my title(s) only when conducting official City business, for information purposes, or as an indication of background and expertise, carefully considering whether I am exceeding or appearing to exceed my authority.
• I do not accept gifts, services or other special considerations for personal benefit because of my public position.
• I excuse myself from participating in decisions when my or my immediate family’s financial interests may be affected by my City’s actions.
• I do not give special treatment or consideration to any individual or group beyond that available to any other individual.
• I refrain from disclosing confidential information concerning litigation, personnel, property, or other affairs of the City, without proper legal authority, nor use such information to advance my financial or other personal interests.
• I demonstrate concern for the proper use of City assets (such as personnel, time, property, equipment, and funds) and follow established procedures. • I honor commitments, keep promises and build trust.

PASSION -- boundless enthusiasm for what we do
• I promote meaningful public involvement in the City’s decision-making processes. • I approach my responsibilities and work related relationships with zeal and a positive attitude. • I provide friendly, receptive, and courteous service to everyone. • I am attuned to, and care about the needs and issues of the people of Brentwood, public officials and City staff.
• In my interactions with constituents, I am interested, engaged and responsive. • I strongly convey the City’s care for and commitment to the people of Brentwood. • I exhibit a proactive, innovative approach to setting goals and conducting the City’s business. • I show pride and enthusiasm for the City of Brentwood. • I will represent the official polices and positions of the City to the best of my ability when designated for this purpose.
• I am self-motivated and work to motivate others.
• I continually strive to do better.
• I persevere through failures.

ACCOUNTABILITY – answerable for our actions
• I take responsibility for all that I do; I am responsible for my actions and accept the consequences of my actions.
• I do not make promises on behalf of my colleagues without their concurrence at a duly noticed public meeting.
• I treat all persons, claims and transactions in a fair and equitable manner; I make decisions based on the merits of the issue.
• If I receive substantive information that is relevant to a matter under consideration from sources outside the public decision-making process, I publicly share it with my colleagues and staff.
• I work to contribute to a strong organization that exemplifies transparency and open communication.

Subject: Ethics and Conduct Policy Policy No: 110-5 Date: 10/11/2022 Resolution No: 2022-127 Page 4 of 14
• I do not use public resources, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes.
• I make decisions after prudent consideration of their financial impact, taking into account the long-term financial needs of the City, especially its financial stability. • I am a prudent steward of public resources and actively consider the impact of my decisions on the financial and social stability of the City and its residents.

RESPECT – to feel and show esteem and consideration for others • I treat my fellow officials, staff and the public with patience, courtesy and civility, even when we disagree on what is best for the community.
• I understand that I am one of five members of the City Council and will work towards consensus building and gain value from diverse opinions. • I respect the distinction between the role of office holder and staff. I involve staff in meetings with individuals, those with business before the City, officials from other agencies and legislators to ensure proper staff support and to keep staff informed. • I conduct myself in a courteous and respectful manner at all times during the performance of my official City duties.
• If I have a concern about the performance of a City employee, I will not express it in public, to the employee directly or to the employee’s manager. Instead, my comments will be made to either City Manager or City Attorney, as appropriate.
• I support a healthy personal and professional balance for myself and staff. • I encourage full participation of all persons and groups. • I engage in effective two way communication, by listening carefully, asking questions, and determining an appropriate response which adds value to conversations. • I value and recognize my colleagues, staff and the public for their unique skills, talents and perspectives.
• I respect the governmental process and will perform my duties in accordance with the rules of order established by the City Council governing the deliberation of public policy issues, meaningful involvement of the public, and implantation of decisions.

QUALITY – the highest degree of excellence
• I strive to keep the City as a municipal leader and work to ensure that we hire, promote and retain high caliber employees.
• I act in an efficient manner, making decisions based on research and facts, taking into consideration the City’s short and long term goals.
• I follow through in a responsible way, keeping others informed and responding in a timely fashion.
• I am aware of and follow established City processes and guidelines. • I represent the people of Brentwood to the best of my ability • I keep my professional knowledge and skills current and growing. • I promote intelligent and thoughtful innovation in order to forward the City’s policy agenda and City services.
• I endeavor to produce excellent work that moves the City forward in a positive direction. • I consider, understand, and manage risk as I make decisions.

Subject: Ethics and Conduct Policy Policy No: 110-5 Date: 10/11/2022 Resolution No: 2022-127 Page 5 of 14
• I will base my decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.

3. PROTOCOL RELATED TO CONDUCT

3.1 Ceremonial Events. Requests for a City representative at ceremonial events will be coordinated by City staff. Invitations received at City Hall are initially presumed to be for official City representation. Invitations addressed to Council Members at their homes are presumed to be for unofficial, personal consideration.

The Mayor will serve as the designated City representative. If the Mayor is unavailable, then the Vice- Mayor will be asked to attend. If the Mayor and Vice-Mayor are both unavailable, then City staff will determine if event organizers would like another representative from the City Council. (See Policy 110-1, Section 3.3.)

3.2 City Letterhead; Correspondence Signatures.
a. City Letterhead. The use of City letterhead is only for official City business. The Mayor or his/her official designee is authorized to sign letters and various other documents on City letterhead for the following matters:
• Letters of commendation or appreciation.
• Responses to invitations.
• Cover letters accompanying ceremonial actions or official document submittals or any other matter.
• Letters supporting the League of California Cities position on a matter, unless the City Council has taken a contrary position.
• Letters supporting legislation related to approved City projects. • Items routine in nature, experienced in the normal course of conducting the business of the City.

Supplies of City letterhead stationery may not be given to individual Council, Commission or Board members.
b. Correspondence Signatures. City staff may prepare official letters in response to public inquiries and concerns when addressed to the Mayor and/or City Council. These letters will carry the signature of the Mayor unless the Mayor requests that they be signed by another Council Member or City staff. If correspondence is addressed only to one Council Member, that Council Member should check with the City Manager on the best way to respond to the sender.

3.3 Travel Expenses. The policies and procedures related to the reimbursement of travel expenses for official City business by Council Members and City Commissioners are outlined in the City’s Travel Policy and Procedures. (See Council/Administrative Travel Policy No.20-4.)

Subject: Ethics and Conduct Policy Policy No: 110-5 Date: 10/11/2022 Resolution No: 2022-127 Page 6 of 14

3.4. Endorsement of Candidates. Council Members and City Commissioners have the right to endorse candidates for all Council seats or other elected offices. It is inappropriate to mention endorsements during Council meetings or other official City meetings.

3.5 Conduct with City Staff. The City Council shall deal with the City staff solely through the City Manager or City Attorney and pursuant to Brentwood Municipal Code §§2.36.070 and 2.37.050 as may be applicable. City Commissioners shall deal with the City staff solely through the Department Director or staff person assigned as liaison to the particular Commission.

3.6 Conduct with Commissions. The City has established several Commissions as a means of gathering more community input. Citizens who serve on Commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City’s leadership and should be treated with appreciation and respect. a. If a Council Member attends a Commission meeting and wishes to speak, he or she should state clearly whether he or she is representing the view of the Council as a whole or is speaking on behalf of him/herself or another person. b. Limit contact with Commission members to questions of clarification. It is inappropriate for a Council Member to contact a Commission member to lobby on behalf of an individual, business, or developer.
c. Commissions represent and serve the whole community. Commission members are not answerable to an individual Council Member.
d. A primary role of Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives.

Inappropriate behavior by a Commission member should be noted to the Mayor, and the Mayor should counsel the offending member. If inappropriate behavior continues, the Mayor should bring the situation to the attention of the Council and the individual is subject to removal from the Commission.

Inappropriate behavior by a Commissioner can lead to removal, under the Municipal Code.

3.7 Conduct with Other Public Agencies. When meeting with or appearing before another public agency (including a semi-pubic agency), a Council Member must be clear about whether the member is representing the City or his or her personal interests. If a Council Member appears before another public agency or organization to give a statement on an issue, the Council Member must clearly state whether his or her statement reflects personal opinion or is the official stance of the City.

If the Council Member is representing the City, the Council Member must support and advocate the official City position on an issue, not a personal viewpoint. If the Council Member is representing another organization whose position is different from the City, the Council Member should withdraw from voting on the issue if it significantly impacts or is detrimental to the City’s interest. Council Members should be clear about which organizations they represent and inform the Mayor and Council of their involvement.

Subject: Ethics and Conduct Policy Policy No: 110-5 Date: 10/11/2022 Resolution No: 2022-127 Page 7 of 14

3.8 Conduct with the Public.
a. In Public Meetings. Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual Council Members toward an individual participating in a public forum.

Every effort should be made to be fair and impartial in listening to public testimony. 1) Be welcoming to speakers and treat them with respect. 2) Be fair and equitable in allocating public hearing time to individual speakers. 3) Be an active listener.
4) Ask for clarification, but avoid debate and argument with the public. Council Members’ personal opinions or inclinations about upcoming votes should not be revealed until after the public hearing is closed.
5) Avoid personal attacks of any kind, under any circumstances.

3.9 Conduct with the Media. Council Members are frequently contacted by the media for background and quotes. Typically, the Mayor is the designated representative of the Council to present and speak on the official City position. However, if the media contacts an individual Council Member, the Council Member should be clear about whether their comments represent the official City position or a personal viewpoint.

4. IMPLEMENTATION AND ENFORCEMENT.

4.1 General. City of Brentwood elected officials have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. This Policy will be most effective when the elected officials are thoroughly familiar with it and embrace its provisions.

Upon adoption of this Policy, all current elected officials shall be given a copy of it and asked to certify, in writing, that they have received the Policy, understand its provisions, and pledge to conduct themselves by the Policy. All new members of the City Council, upon election or reelection, shall be given a copy of the Policy and are required to certify, in writing, they have received it, and understand its provisions, and pledge to conduct themselves by the Policy. (See Attachment 1.) This Policy is intended to be a reflection of the City Council’s values in concurrence with those of the employees of the City of Brentwood and, as appropriate, may be enforced by the Council through Section 4.2 below.

4.2 Violations.

The provisions of this Section 4.2 apply exclusively to the Mayor and Council Members, and do not extend to members of City Commissions. Violations by Commissioners of this Policy or any other

Subject: Ethics and Conduct Policy Policy No: 110-5 Date: 10/11/2022 Resolution No: 2022-127 Page 8 of 14
applicable City Council/Administrative Policy may be considered by the City Council, or by a City Council Subcommittee, who will make a recommendation to the City Council on an appropriate City Council response.

A City Council Member who does not follow this Policy or any other applicable City policy may face admonition, sanction, or censure.

This Section 4.2 sets forth the procedures to be followed when there is a belief that a Council Member has violated this Policy or any other applicable City policy. This Rule shall not be used for violations of State or Federal laws as such laws are subject to separate penalty and enforcement provisions outside of the City’s purview.
a. Notification of Allegation. If a Council Member believes that another Council Member has violated this Policy or any other applicable City policy, he or she shall notify the Mayor. If the allegation is against the Mayor, the Vice Mayor shall be notified. If the allegation concerns both the Mayor and Vice Mayor, then the most senior Council Member shall be notified and, if two Council Members share seniority, then the Council Member who received the most votes in their most recent election shall be notified. The person selected will be provided with all background information that the Council Member making the allegation has in their possession.

Once an allegation has been received, the person receiving the allegation shall meet with the City Manager and the City Attorney. At that time, the person who received the allegation will determine whether more information is needed, whether the allegation is unfounded, or whether to recommend that the full Council hear the allegation.

If the person who received the allegation determines that the allegation is unfounded or requires additional information, he or she will notify the Council Member making the allegation. At that time, if the Council Member making the allegation is not satisfied with the person’s determination, he or she may bring the matter to the full Council for review by asking the City Manager, at least a week before the meeting, to place it on the next City Council Agenda; and the City Manager will notify the Council Member against whom the allegation is made about the violation and the future agenda item.

If the person receiving the allegation determines that the allegation should be brought to the City Council for review, at least a week before the meeting he or she will ask the City Manager to place it on the next City Council Agenda for discussion under the New Business portion of the Agenda; and the City Manager will notify the Council Member against whom the allegation is made about the violation and future agenda item.

City Council Members must endeavor to follow the above process when seeking to add an item regarding City policy violations on a City Council Agenda. Where a Council Member making the allegation first discussed the matter with a Council Member other than the person designated to receive such an allegation, then the Council Member may, at least a week before the next City Council meeting, ask the City Manager to place the matter on the next City Council Agenda for discussion under New Business. In that event, the City Manager will notify the Council Member against whom the allegation is made about the violation and future agenda item. Additionally, the City Manager must identify the Council Member with whom the alleging City Council Member discussed the matter, both to the accused and in any staff report provided as part of the City Council Agenda.

Subject: Ethics and Conduct Policy Policy No: 110-5 Date: 10/11/2022 Resolution No: 2022-127 Page 9 of 14
Should an allegation be brought to the City Council, the City Manager, in consultation with the City Attorney, will prepare a brief staff report that, among other things, reminds the City Council of this Rule. It will be the responsibility of the City Council Member making the allegation to present the matter to his/her colleagues.
b. Potential Council Actions. While the City Council has broad discretion in deciding which of the three potential actions below it may choose to impose in response to violations of this Policy or any other applicable policy, the following are definitions and procedures related to three types of actions: admonition, sanction and censure. Admonition and sanctions are not considered punishments and there are no penalties associated with them; a censure is considered a punishment and may include penalties.

Admonition
This is the least severe form of action. Admonition may typically be directed to all members of the City Council, reminding them that a particular type of behavior is in violation of City policy and that, if it occurs or is found to have occurred, could make a member subject to sanction or censure. Admonition may be issued in response to a particular alleged action or actions, although it would not necessarily have to be triggered by such allegations. Admonition may be issued by the City Council prior to any findings of fact regarding allegations, and because it is a warning or reminder, would not require a separate hearing to determine whether the allegation is true.

Sanction
This is the next most severe form of action. Sanction should be directed to a particular member of the City Council based on a particular action (or set of actions) that is determined to be in violation of City policy, but is considered by the City Council to be not sufficiently serious to require censure. A sanction is distinguished from censure in that it is not a punishment. A sanction may be issued based upon City Council review and consideration of a written allegation of a policy violation. The member accused of such violation will have the opportunity to provide a written or verbal response to the allegation. A sanction may be issued by the City Council and because it is not punishment or discipline, would not require a separate hearing.

Censure
Censure is the most severe form of action contemplated in this policy and available to the City Council. Censure is a formal statement of the City Council officially reprimanding one of its members. It is a punitive action, which serves as a penalty imposed for wrongdoing. It may be combined with loss of committee assignments (either within the City of Brentwood or with inter-governmental agencies) or the restriction of official travel.

Censure should be used for cases in which the City Council determines the policy violation is a serious offense.

In order to protect the overriding principle of freedom of speech, the City Council shall not impose censure on any of its members for the exercise of their First Amendment rights, no matter how distasteful the expression was to the Council and the City. However, nothing here in shall be construed to prohibit the City Council from collectively condemning and expressing their strong disapproval of such remarks.

Subject: Ethics and Conduct Policy Policy No: 110-5 Date: 10/11/2022 Resolution No: 2022-127 Page 10 of 14
c. City Council Discussion; Admonition or Sanction. At the meeting when the allegation is to be considered, the City Council may discuss it and determine whether to issue an admonition or sanction; or to hold a separate hearing to consider censure. Where the City Council decides to issue an admonition or sanction, a resolution may be prepared for the next meeting based upon the City Council discussion and direction. d. Censure. If the City Council decides to conduct a separate public hearing on the question of censure, they will direct the City Manager, in consultation with the City Attorney, to engage the services of an independent third party investigator to conduct an investigation of the matter, prepare factual findings and make a recommendation as to the allegation’s merit to the City Council. At that time, the City Council will also set a “not to exceed” investigation budget. Should, in the course of the investigation, it appear that the investigator’s costs will exceed the approved budgeted amount, then the City Council will be notified, at a duly noticed public meeting, to determine whether to increase the budget or stop the investigation.

If the investigator determines there is no factual merit to the allegation, that information will be conveyed to the City Council prior to a censure hearing. At that time, the City Council will determine whether to take no additional action; or to issue an admonition or a sanction.

If the investigator determines there is factual merit to the allegation, a report of the factual findings shall be presented to the City Council for hearing and determination. e. Censure Hearing. If a separate hearing is set to consider the question of censure, it must be set far enough in advance to give the Council Member subject to the allegation adequate time to prepare a defense.

The person who received the original allegation from the Council Member who made the allegation will preside at the hearing. The rules of evidence will not apply to the hearing, which is not a formal adversarial proceeding.

The investigator will present his or her report and the City Council, including the Council Member who is the subject of the investigation, will have the opportunity to question the investigator. The Council Member who is the subject of the allegation will have an opportunity to present a rebuttal to the allegation, which shall be limited to thirty minutes unless extended by the City Council.

The Council Member who is the subject of the allegation may be represented at the hearing and may have the representative speak or ask questions on his or her behalf. The City Council may also allow the testimony of a limited number of witnesses. The right to present witnesses shall be within the absolute discretion of the City Council.

Following the rebuttal, any witness testimony and any closing statement of the Council Member who is the subject of the allegation, the City Council shall hear public comments. At the conclusion of the public comments, the City Council shall discuss the matter and render a decision on whether to censure the Council Member against whom the allegation has been raised.

Subject: Ethics and Conduct Policy Policy No: 110-5 Date: 10/11/2022 Resolution No: 2022-127 Page 11 of 14
Should the City Council decide to censure the Council Member against whom the allegation has been raised, they shall direct the City Manager, in consultation with the City Attorney, to prepare a resolution making findings and penalties with regard to the specific charges, based on substantial evidence. The resolution will be considered by the City Council at a duly noticed public meeting.

Revision History
Date Resolution No.
5-13-2014 2014-55 adopted original Policy 110-5
6-14-2016 2016-74 Amended Policy 110-5 (Revising Sections 1 and 3 and adding Section 2 edited from former Policy 110-1, Rules 28-36. 10/11/2022 2022-127 Amended section 4.2 a. Notification of Allegation.

COUNCIL/ADMINISTRATIVE POLICY
Subject: Ethics and Conduct Policy Policy No: 110-5 Date: 10/11/2022 Resolution No: 2022-127 Page 12 of 14
Attachment 1

CERTIFICATION
As an elected official of the City of Brentwood, California, I herein certify that I have received a copy of the City’s Ethics and Conduct Policy, have been offered training and assistance in understanding this Policy, and am aware of the provisions of the Policy and its application to my responsibilities. Consistent with the Policy, I pledge that I will abide by the Policy in the conduct of my duties, including the following:

INTEGRITY – uncompromising adherence to moral and ethical principles • I am honest with my fellow elected officials, City staff, members of the community, and others. • I do not promise what I believe to be unrealistic.
• I am prepared to make unpopular decisions when my sense of the public’s best interests requires it.
• I credit others’ contributions to moving our community’s interests forward. • I do not knowingly use false or inaccurate information to support my position or views. • I safeguard my ability to make independent, objective, fair and impartial judgments by scrupulously avoiding financial and social relationships and transactions that may compromise, or give the appearance of compromising, objectivity, independence, and honesty.
• I do the right thing, even when no one is looking.
• I use my title(s) only when conducting official City business, for information purposes, or as an indication of background and expertise, carefully considering whether I am exceeding or appearing to exceed my authority.
• I do not accept gifts, services or other special considerations for personal benefit because of my public position.
• I excuse myself from participating in decisions when my or my immediate family’s financial interests may be affected by my City’s actions.
• I do not give special treatment or consideration to any individual or group beyond that available to any other individual.
• I refrain from disclosing confidential information concerning litigation, personnel, property, or other affairs of the City, without proper legal authority, nor use such information to advance my financial or other personal interests.
• I demonstrate concern for the proper use of City assets (such as personnel, time, property, equipment, and funds) and follow established procedures. • I honor commitments, keep promises and build trust.

PASSION -- boundless enthusiasm for what we do
• I promote meaningful public involvement in the City’s decision-making processes. • I approach my responsibilities and work related relationships with zeal and a positive attitude. • I provide friendly, receptive, and courteous service to everyone. • I am attuned to, and care about the needs and issues of the people of Brentwood, public officials and City staff.
• In my interactions with constituents, I am interested, engaged and responsive. • I strongly convey the City’s care for and commitment to the people of Brentwood.

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Ethics and Conduct Policy
Policy No: 110-5 Date: 10/11/2022
Resolution No: 2022-127 Page 13 of 14
• I exhibit a proactive, innovative approach to setting goals and conducting the City’s business. • I show pride and enthusiasm for the City of Brentwood. • I will represent the official polices and positions of the City to the best of my ability when designated for this purpose.
• I am self-motivated and work to motivate others.
• I continually strive to do better.
• I persevere through failures.

ACCOUNTABILITY – answerable for our actions
• I take responsibility for all that I do; I am responsible for my actions and accept the consequences of my actions.
• I do not make promises on behalf of my colleagues without their concurrence at a duly noticed public meeting.
• I treat all persons, claims and transactions in a fair and equitable manner; I make decisions based on the merits of the issue.
• If I receive substantive information that is relevant to a matter under consideration from sources outside the public decision-making process, I publicly share it with my colleagues and staff.
• I work to contribute to a strong organization that exemplifies transparency and open communication.
• I do not use public resources, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes.
• I make decisions after prudent consideration of their financial impact, taking into account the long-term financial needs of the City, especially its financial stability. • I am a prudent steward of public resources and actively consider the impact of my decisions on the financial and social stability of the City and its residents.

RESPECT – to feel and show esteem and consideration for others • I treat my fellow officials, staff and the public with patience, courtesy and civility, even when we disagree on what is best for the community.
• I understand that I am one of five members of the City Council and will work towards consensus building and gain value from diverse opinions. • I respect the distinction between the role of office holder and staff, I involve staff in meetings with individuals, those with business before the City, officials from other agencies and legislators to ensure proper staff support and to keep staff informed. • I conduct myself in a courteous and respectful manner at all times during the performance of my official City duties.
• If I have a concern about the performance of a City employee, I will not express it in public, to the employee directly or to the employee’s manager. Instead, my comments will be made to either City Manager or City Attorney, as appropriate.
• I support a healthy personal and professional balance for myself and staff. • I encourage full participation of all persons and groups. • I engage in effective two way communication, by listening carefully, asking questions, and determining an appropriate response which adds value to conversations. • I value and recognize my colleagues, staff and the public for their unique skills, talents and perspectives.

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Ethics and Conduct Policy
Policy No: 110-5 Date: 10/11/2022
Resolution No: 2022-127 Page 14 of 14
• I respect the governmental process and will perform my duties in accordance with the rules of order established by the City Council governing the deliberation of public policy issues, meaningful involvement of the public, and implantation of decisions.

QUALITY – the highest degree of excellence
• I strive to keep the City as a municipal leader and work to ensure that we hire, promote and retain high caliber employees.
• I act in an efficient manner, making decisions based on research and facts, taking into consideration the City’s short and long term goals.
• I follow through in a responsible way, keeping others informed and responding in a timely fashion.
• I am aware of and follow established City processes and guidelines. • I represent the people of Brentwood to the best of my ability • I keep my professional knowledge and skills current and growing. • I promote intelligent and thoughtful innovation in order to forward the City’s policy agenda and City services.
• I endeavor to produce excellent work that moves the City forward in a positive direction. • I consider, understand, and manage risk as I make decisions. • I will base my decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.

Signed this day of , 20 .

Signature:

Printed Name:

_____________________________________________________
www.strategies4ethics.com
September 1, 2023
Honorable Members of the Brentwood City Council
City Hall, City of Brentwood
150 City Park Way
Brentwood, CA 94513
Subject: Thoughts on the Council’s Ethics and Conduct Policy Dear Honorable City Council Members:

I have reviewed the City of Brentwood’s Ethics and Conduct Policy with an eye to how it compares (“benchmarks”) to best practices in this area. My conclusion is that it compares very favorably for the reasons described below.

That being said, I have some initial suggestions on options for the Council to consider in strengthening the policy and –most importantly-- the results it achieves. Those suggestions are also described below.
(By way of background, local agency values-based ethics codes are a longstanding interest of mine. I wrote the Institute for Local Government’s guide on the topic and have helped a number of agencies develop their codes, including most recently the City of Carlsbad. In the course of this work, I monitor what local agencies are adopting in this area.) Why/How the City’s Policy “Benchmarks” Well
The City of Brentwood’s policy observes some of the most important best practices in the area of ethics codes. Some of the positive attributes of the policy include:

P Values-oriented: It identifies the over-arching values that the Council (that adopted the code) believes should guide elected officials’ service to the community and their relationships with each other and staff.

P Positive: It focuses on “do’s” rather and “don’ts.”

Honorable Brentwood Mayor and City Council Members
September 1, 2023

____________________
P Extensive: It reflects a great deal of thought by the policy’s original architects about what kinds of behaviors reflect well on those in public service.

Opportunities to Consider
Some of the areas in which the policy and, most importantly, the policy’s impact might be enhanced include:
• Length and Relevance: “Extensiveness” (or length) can be a double-edged sword.

The policy’s efforts to be comprehensive means that it may include provisions that are less central to the role of an elected official. This may be the result of an effort to synchronize the policy with the values statement originally adopted by staff. Longer documents—particularly those with less relevant information--are more difficult for busy elected officials to keep top of mind.
• Terminology: The code has language that may be ambiguous or overly broad. For example, the term “integrity” is certainly an important term in the ethics field.

However, the term’s meaning can vary. In fact, one noted ethics scholar spent some 22 pages(!) developing a working definition (albeit a very good one) based on the literature available on the term’s meaning.
*
Would “trustworthiness” be a core value* that might be more descriptive and therefore more helpful to individual elected officials in describing the kinds of considerations that might guide their actions in that section of the Council’s policy? • Process: To be maximally effective, it can be helpful for those whose conduct is to be guided by the document to have the opportunity for input into its content. A good practice is to give Councilmembers the opportunity to review, revise and refine ethics codes periodically to make sure the document reflects the current Council’s—and their constituents’—thinking. Such input promotes ownership the document, which can increase its impact.
• Implementation: An important part of the policy-making process is implementation.

Most of the time, implementation is a staff function. This is less so with policies that pertain to the Council’s values and behaviors, since Councilmembers in their words and * See this article for a lengthy analysis of what the term “integrity” means. For a briefer discussion of the relationship of integrity to core values, see https://patimes.org/core-values-as-a-foundation-for-thinking-about-ethics-education/

Honorable Brentwood Mayor and City Council Members
September 1, 2023

____________________
actions are the policy’s implementers. There are some additional practices the Council can consider in enhancing its implementation processes. See, for example, the implementation practices the City of Carlsbad recently adopted (see page 1 of the attached document; for reference, the entire code is attached).

Another resource for the Council to consider in thinking about both process and content is the Institute for Local Government’s guide to developing an ethics code, which includes worksheets with sample provisions. The Institute also has a list of sample codes on its website.

Conclusion
Again, in my experience and observation, Brentwood’s policy compares favorably with others adopted by local agencies. There is no one “right” or “best” language for such policies; in fact, some argue the process is just as, if not more, important than content. As noted above, there are, however, opportunities to strengthen the City’s code and effectiveness even further should the Council choose.

Very truly yours,
JoAnne Speers
Principal, S2 Ethics Strategies
https://www.linkedin.com/in/joannespeers/
Attachment: City of Carlsbad Code of Ethics and Public Service Values

Attachment: Carlsbad Code of Ethics and Public Service Values

____________________
City of Carlsbad Code of Ethics and Public Service Values Source: https://www.carlsbadca.gov/city-hall/city-council/code-of-ethics Preamble
The effective operation of democratic institutions requires that public officials have the trust and respect of the communities they serve. Accordingly, the City Council of the City of Carlsbad has adopted this code to:
• Encourage the highest standards of behavior by City of Carlsbad elected officials; • Make implicit norms of leadership and communication explicit; and • Provide an ongoing source of guidance to City of Carlsbad officials in their day-to-day service to the City.

To this end, the City of Carlsbad City Council has adopted this code relating to values-based decision-making. As part of their service to the City of Carlsbad, individual City Council Members agree to practice the values described in this code in their day-to-day service to the City of Carlsbad.

The City Council further directs that this code be:
• Distributed to individual City Council Members for signature and, once signed, posted on the City Council section of the city website;
• Included in the materials provided to candidates for City Council; • Covered in newly elected officials’ orientation materials and training (including AB 1234 training); and • Agendized for discussion annually as an opportunity for City Council review, self-evaluation, discussion, and revision, if appropriate.

Adopted by the City of Carlsbad City Council on Nov. 16, 2021.

Value: Respect

1. As a leader of the community, I model civility. In practice, this means that:
• I treat my fellow officials, staff and the public politely, professionally and with an appreciation for our common humanity, even when we disagree on what is best for the community. • When I explain my disagreement with a colleague or City Council decision to others, I do so in a way that focuses on the merits of an issue and recognizes that reasonable people of differing interests and/or good intentions can disagree on what is best for our community. • When my perspective doesn’t prevail, in discussing the outcome in the community, I frame my colleagues’ differing positions in the spirit of moving onward from the decision and in the same way I would want my colleagues to frame my own differing positions.
• I contribute to a culture and practice of active acknowledgement by recognizing colleagues and persons who model values-based decision-making under challenging circumstances.

Attachment: Carlsbad Code of Ethics and Public Service Values

____________________
• I refer to my colleagues on the City Council by their formal city titles (for example, “Council Member,” “Mayor,” etc.), and/or appropriate gender pronouns unless an individual has expressed a preference for an alternative title (for example, “Reverend,” “Dr.,” etc.)

2. I invite and respect public input to inform my sense of what is in the community’s best interests and incorporate it in the decision-making process to ensure meaningful public engagement. In practice, this means that:
• I am attentive and engaged in meetings.
• I welcome diverse perspectives and consider them in my decision-making. • I act in ways that help people feel valued when they participate in our city’s decision-making processes. • As an elected official, I gather public input and information to make the best decision with a spirit of curiosity and inquiry.
• I involve all appropriate stakeholders and the public in general in meetings affecting city decisions. • I strive to make people feel heard, by listening carefully, sharing what I think I have heard, asking clarifying questions, and seeking to understand the interests underlying their positions.

3. My actions reflect the belief that elected officials, city staff and others who serve the agency are on the same team in service to the community, even though we have different roles. In practice, this means that:
• I act on the understanding that staff’s role is to provide objective information and analysis to inform the decision-making process within the resources that they have available, even if this information and analysis don’t support the decision I believe is best.
• When I know I will be asking one or more questions on an agenda item, I alert the City Manager or City Attorney as appropriate in advance so staff can be prepared to provide the most complete answer to inform both the City Council and the public.
• I ask questions to authentically deepen my understanding of staff analysis and its factual underpinnings, as well as inform the public; I argue the merits of decisions with my fellow City Council Members. • I communicate any concerns I have about city functions, staff analyses or individual staff performance to and through the city manager.
• I act on the understanding that I am part of a group decision-making process and that staff take direction from City Council collective action.

Attachment: Carlsbad Code of Ethics and Public Service Values

____________________
Value: Responsibility

1. I model and promote clear communication. In practice, this means that:
• I support defining important words, terms, and context, avoiding jargon (including use of acronyms) and using examples.
• I ask questions to test any inferences and assumptions I may be inclined to make based on what I am hearing people say; I support others doing likewise.
• I am direct and transparent in explaining my reasoning, interests, goals and intentions to help others understand what I am saying and why. I contribute to an interpersonal environment that supports such transparency and forthrightness from others to help move conversations forward with the goals of finding common ground and maximizing the public’s best interests. • I verify (fact check) statements reportedly made by a colleague directly with that colleague. • I make myself available for one-on-one conversations about the values in this code. • I am transparent and publicly disclose relevant information.

2. I work collaboratively to improve our community’s quality of life and promote the public’s best interests. In practice, this means that:
• I gain value from diverse perspectives and consider them in my decision-making. • I recognize that I am an agent for the democratic process, not the owner of authority. • I seek information from community members and my colleagues about what qualities an acceptable solution might have to a problem (their interests), in addition to hearing what their positions are.

3. I consider the larger picture in my decision-making and actions. In practice, this means that:
• I consider the short-, medium-, and long-term effects of my decisions and actions. • I strive to foster effective relationships with state, regional and other public agencies and their officials.

4. I am accountable for my actions and words. In practice, this means that:
• I am prepared to make unpopular decisions when my sense of the public’s best interests requires it. • I take responsibility for my actions, even when it is uncomfortable to do so. This includes apologizing when I realize that my behavior has fallen short of the aspirational standards in this code. • As part of my commitment to growth and learning, I am open to constructive feedback from my colleagues and others—ideally first expressed on a human-to- human (one-on-one) basis--when they think I may have acted in a way that falls short of my goal of the values-based decision-making and the behaviors described in this code.
• I keep open communication with my fellow City Council members when speaking or making presentations in other City Council members’ districts.

Attachment: Carlsbad Code of Ethics and Public Service Values

____________________
• I will review these code provisions with my colleagues at least annually, looking for opportunities to refine, improve and/or update the provisions given current developments and dynamics.

Values: Compassion and Fairness

1. I am empathetic and care about the needs of the public, my colleagues and staff. In practice, this means that:
• When interacting with others, I put myself in others’ shoes, understanding that people have different lived experiences.
• I am sensitive that those interacting with public officials, whether staff or community members, can be intimidated by public officials and public agency processes. I try to make interactions with the City Council as stress-free as possible.
• My actions reflect an awareness that people respond to both verbal (including tone of voice) and non-verbal cues; I also recognize that some people, including me, can interpret verbal and non-verbal cues differently, depending on the attributes of the source.
• I use active listening techniques (repeating back, follow-up questions, taking notes as appropriate, and other verbal and non-verbal cues) to demonstrate that I am hearing and listening to what people are saying. • I carefully consider all colleague’s and public’s perspectives and input when making decisions. • I value the personal experiences that contribute to my colleagues’ and the public’s views on a given matter. • I initiate one-on-one conversations with those who have different positions on issues to better understand those positions; I look for opportunities to identify shared values and interests. • I view the opportunity to provide feedback to my colleagues relating to values-based decision-making— ideally first on a human-to-human (one-on-one) basis—as opportunities for mutual understanding, growth and learning.
• I understand that everyone makes mistakes and, in the spirit of collegiality, I accept apologies when they are offered. I set aside grudges that may be tempting to hold. • I look for opportunities to celebrate generative, positive examples of the application of this code.

2. I embrace our community’s and city team’s diversity. In practice, this means that:
• I consider the diversity, equity and inclusion implications of policy decisions I make. • I participate in regular educational activities to enhance my insights into a wide variety of diversity, equity and inclusion issues.

3. I promote fair and consistent processes. In practice, this means that:
• I make decisions on policies, hiring and contracting prioritizing merit and value to the community and equitable practices rather than favoritism and/or family or personal relationships. • I honor the law’s and the public’s expectation that city policies will be applied consistently.

Attachment: Carlsbad Code of Ethics and Public Service Values

____________________
• I am impartial in my decision-making and do not favor those who either have helped me (or are in a position to do so) and disfavor those who have not (or are not). • I make it a practice to communicate equitably with members of the community, irrespective of their influence, power or campaign donations.
• I make a conscious effort to avoid favoritism or bias (including unintended bias) in my actions and decisions.

Value: Integrity

1. I am truthful with my colleagues, the public and others. In practice, this means that:
• I carefully consider any promise I make and then I keep it; I make only promises I believe are realistic. • I treat information I receive with a spirit of inquiry and presumed positive intent; I fact-check information as necessary with colleagues, staff and others.
• I honor commitments I and my agency make.
• I credit others’ contributions to moving our community’s interests forward. • I only disclose confidential information when I am authorized to do so. • I explain the official positions of the city to the best of my ability when I am authorized to do so. I am clear in stating my own views that these views may or may not represent the city’s position.

2. My actions are consistent with my words. In practice, this means that:
• I follow through on the commitments I make.
• Building and maintaining trust is an ongoing process. I act in ways that promote the public’s trust in both 1) the city as an expression of community democratic processes and 2) my own role as a member of the city’s governing body.

3. I comply with both the letter and the spirit of laws that are designed to promote public trust and confidence in our agency’s decision-making. In practice, this means that:
• I demonstrate, by my actions and my words, that I am a guardian of the public’s trust and confidence in the city, its elected officials and staff.
• I use public resources for public purposes, not for private benefit or political purposes. • I decline and do not seek gifts, favors, and other special treatment. • I make decisions based on my sense of the public’s best interests. In so doing, I am mindful of the nonpartisan nature of city, county, school and judicial offices provided for in California’s constitution.

CITY COUNCIL AGENDA ITEM NO. H.2
09/26/2023
SUBJECT: Former Davis Camp Site Historical Display
DEPARTMENT: City Manager
STAFF: Darin Gale, Assistant City Manager
Abraham Salinas, Senior Analyst

TITLE/RECOMMENDATION
Continue to collaborate with East Contra County Historical Society to design an interpretive historical display that recognizes the significance of the former Davis Camp and its contribution to the history of Brentwood on or near the former Davis Camp property and return with draft layout and design for Council consideration.

FISCAL IMPACT
There is no fiscal impacted associated with this project at this time.

BACKGROUND
On June 13, 2023, the City Council authorized the allocation of staff time and resources in response to a request from Vice Mayor Susannah Meyer. The request pertains to the installation of a commemorative plaque at a site of the former Davis Camp, situated near the southeast intersection of Brentwood Blvd and Sunset Road.

Originally acquired by the City's former redevelopment agency, the Davis Camp property at 7030 Brentwood Blvd was initially purchased to remediate a blighted area. In October 2020, the City declared the property as surplus. Following the dissolution of redevelopment agencies, the City is required to sell all properties previously under the purview of the redevelopment agency, including Davis Camp. A segment of this property has been earmarked for the future expansion of Brentwood Blvd, a project for which the City acquired the necessary land in 2022. The existing building on the property will be demolished, with a contract for this purpose expected to be presented to the City Council for consideration by the first quarter of 2024.

In collaboration with the East Contra Costa Historical Society (ECCHS) and its volunteers, a proposal has been made to acknowledge the historical importance of Davis Camp to the community of Brentwood. Subsequent to the City Council's

CITY COUNCIL AGENDA ITEM NO. H.2
09/26/2023
authorization, meetings were held with ECCHS to outline an appropriate course of action.

Based on these discussions, it is proposed to initiate the design and installation of a historical display that will honor the historical significance of Davis Camp, as well as other camps in the area. The display is anticipated to feature between two to five interpretive displays and, if feasible, may also include shade trees and benches. The content for these displays will be prepared by ECCHS and will focus on Davis Camp, its residents, and the broader historical context of camps in the area, emphasizing Brentwood's rich agricultural heritage.

Although the precise location for this historical display is yet to be finalized, accessibility is planned to be from the adjacent Mokelumne Coast to Crest Trail and Marsh Creek Regional Trail. Enclosed are examples of interpretive signs from Sungold Park and a site map indicating the proposed location for the historical display.

Prior to the demolition of the existing building, ECCHS will be granted access to the property to identify any items that could be preserved for display at the museum.

Staff is also proposing that existing trees on the property be removed during the demolition process. Discussions with ECCHS have revealed that these trees, with the exception of a single eucalyptus tree, hold no historical significance to Davis Camp.

Unfortunately, this eucalyptus tree will also need to be removed to facilitate future redevelopment, although it is hoped that a cutting from the tree can be utilized by ECCHS for museum purposes.

As part of this future agenda request the City Council requested information regarding the current General Plan Designation (GPD) and Zoning for the former Davis Camp property. The GPD is Brentwood Blvd Specific Plan and the land use designation is General Commercial as defined in the specific plan. The installation of the proposed interpretive signs would not be inconsistent with the land use or zoning designations.

Staff is looking for the City Council to make a motion to continue with the current process as noted below and provide any additional direction.

Purpose – Establish a public place to highlight the historical significance of Davis Camp to the history of Brentwood.

Location – On or immediately adjacent to former Davis Camp property and accessible from Mokelumne Coast to Crest Trail and Marsh Creek Regional Trail.

CITY COUNCIL AGENDA ITEM NO. H.2
09/26/2023
Amenities – Two to five interpretive panels, hardscape, benches and shade trees.

Design – Similar to existing interpretative signage at Sungold Park. Historical information and photos to be provided by East Contra Costa Historical Society Size – Between 250 and 750 square feet.

Partners – East Contra Costa Historical Society
Next Steps – Council to consider final location and design options within the early next year.

Construction – To be determined after location, design and layout are approved by City Council.

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. Example Historical Displays

3. Proposed Location for Historical Display

4. Brief History of Davis Camp

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 13, 2023, in response to a formal request from Vice Mayor Susannah Meyer, the City Council approved the allocation of staff time and resources for the creation and installation of a commemorative plaque intended for a site formerly known as Davis Camp, situated near the southeast corner of the intersection between Brentwood Boulevard and Sunset Road.

Interpretive Displays Currently Used at City Parks

Location: Along the Marsh Creek Regional Trail on the SE Corner of Sunset Rd. and Brentwood Blvd.

APN: 016-010-016
Proposed Location for Davis Camp Historical Display
Existing Trail Proposed location for Historical Display

DAVIS CAMP
Over the years there were probably thousands of families who lived at Davis Camp. Most were from the states of Oklahoma and Arkansas, but there were families from other states as well.

Most came looking for work in the fertile fields of Brentwood during the great depression of 1929-1932, and to escape the dust bowl of Oklahoma after losing their jobs and farms. My grandparents were one of those families. Dewey and Frankie Wilson arrived at Davis Camp with four small children after hearing from other family members about work and a place to live.

I began researching Davis Camp at the Historical Society because of their story, soon realizing it was the story of countless others who arrived in Davis Camp with hope, and a promise of work. I began on the advice of Kathy Leighton by going through page after page of decades of old newspapers stored at the Resource Center. I soon realized I had worked with a Davis descendant, Frank Davis. With the help of Steve Verduzco, and his Our Town Brentwood Ca website I soon connected with Frank. After three days of interviewing Frank and his wife Hiwanah, one those days spent sitting behind the Davis Camp store, listening to, and recording Franks memories of living there, I soon saw a common story develop.

It is the story of Cal Davis, who came to Brentwood from Oklahoma and saw an empty lot full of trash, but he saw more than that, he saw a place people could live while they looked for work. With Brentwood’s approval Cal slowly turned that lot into a community. A community where everyone helped one another, sharing food they brought from the fields they worked in, sharing stories of their lives, and helping one another when children were sick. There were dances on Saturday night and foot races on Sunday afternoon. A large table was set up on Thanksgiving Day and hundreds of people shared Thanksgiving dinner. They suffered sickness, and floods, but they suffered together.

Cal Davis would drive a sick person to Stockton for medical treatment and pay for that treatment himself. He soon had tents for people to live in, a grocery store, bathrooms, showers, and laundry rooms. As my grandmother said, “no one was hungry, chickens ran in the yard, and fruit and vegetables the farmers had shared with the workers were brought home to share with the community.”
Many of the descendants of the families who lived at Davis Camp still live in the area. Cal Davis saw an empty lot full of trash and imagined it a place for people to stay while they sought work, but he could not have imagined what he had truly started, a community with a long future and a permanent place in Brentwood’s History.

I want to thank everyone for contributing to my research, thanks to Shirley McCall for organizing all my bits and pieces of information into the Davis File and to Frank and Hiwanah for telling me their story.

Sharon Wilson Ellingson,
Oral Historian,
ECCHS

CITY COUNCIL AGENDA ITEM NO. I.2.a
09/26/2023
SUBJECT: Consider a Request of September 12, 2023 from Vice Mayor Meyer regarding the Senior Center programming and operations 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 as stated at the City Council meeting of September 12, 2023, related to the Senior Center programming and operations.

FISCAL IMPACT
There is no fiscal impact associated with this action, although if authorized, consulting assistance may be needed to expedite a comprehensive review of the Senior Center operations costing approximately $25,000, or if a Senior Center Master Plan were undertaken in considering a “reformation reorganization” of the senior center, it could cost approximately $50,000, or more. Should any costs be incurred, funding would be required from the General Fund.

BACKGROUND
Vice Mayor Meyer provided the following elaboration in writing about her future agenda request:

Top to bottom overview of Senior Center operations:
 Current nonprofit and CBO partnerships and those terminated since 2019 o Include reasons for termination
o Current MOUs, those that expired since 2019, and those about to expire
 Current programs, special projects, and events and those terminated since 2019
o Include reasons for termination
 How staff is chosen to work at the center
 Training for staff working at the center - whether temporary or long-term - and senior-related experience/qualifications of leadership positions and regular center staff

CITY COUNCIL AGENDA ITEM NO. I.2.a
09/26/2023
 Any future plans being explored that potentially change the format, infrastructure, or offerings of the Senior Center
 Yearly attendee numbers since 2019
 Language and cultural access efforts
 Onsite schedule for Recreation Supervisor and other Parks & Rec leadership
 Status of the previously printed Brentwood Seniors Activities Guide (if no longer being printed as noted in June Peters letter)
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.

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 September 12, 2023, Vice Mayor Meyer requested a future agenda item related to the Senior Center programming and operations.

CITY COUNCIL AGENDA ITEM NO. I.2.b
09/26/2023
SUBJECT: Consider a Request of September 12, 2023, from Council Member Mendoza regarding staffing issues in the Parks and Recreation Department
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 as stated at the City Council meeting of September 12, 2023, related to staffing issues in the Parks and Recreation Department.

FISCAL IMPACT
There is no fiscal impact associated with this item, although if authorized, an independent investigative consultant may be needed to expedite a comprehensive review of the entire department operations and could cost approximately $75,000.

Funding would come from the General Fund.

BACKGROUND
Council Member Mendoza provided the following elaboration in writing about her future agenda request:

There needs to be an investigation to ensure that we are not infringing on freedom of speech and why staff is leaving/gone, starting with park & rec full department review. Does anyone on staff feel discriminated against and silenced. Additionally, we need to understand why employees are no longer with us. Please provide:
 Review headcount over the last 3 years
 Organizational chart with positions
 Attrition over the three years and reason for leaving.

The investigation needs to be public and transparent with the council and city residents.

CITY COUNCIL AGENDA ITEM NO. I.2.b
09/26/2023

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

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 September 12, 2023, Council Member Mendoza requested a future agenda regarding related to staffing issues in the Parks and Recreation Department.

CITY COUNCIL AGENDA ITEM NO. I.2.c
09/26/2023
SUBJECT: Consider a Request of September 12, 2023, from Council Member Pierson regarding Senior Center programming survey and input from the Parks & Recreation Commission regarding the Parks & Recreation Director’s evaluation
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Pierson as stated at the City Council meeting of September 12, 2023, regarding Senior Center Programming and input from the Park & Recreation Commission regarding the Parks & Recreation Director’s evaluation.

FISCAL IMPACT
There is no fiscal impact associated with this action, however an internal survey could cost up to $5,000, or an independent investigation/surveying of senior center staff and members of the public could cost approximately $15,000. Any costs, should they be incurred, would require funding by the General Fund.

BACKGROUND
Meeting Recording Transcript of Detailed Request (Zoom transcript may not fully represent what was actually said):
“I would like a future agenda item request consistent with Municipal Code section

2.46.020 which would have the Arts Commission (later clarified to the Park and Recreation Commission) hold a public meeting on the senior center of programming and facility usage and that they are asked to conduct an investigation, including surveying staff and members of the public for the purpose of obtaining facts and data concerning direct programs and staffing.
“Also, if it has not happened this year, per the Municipal Code, I would request the Arts Commission (later clarified to the Park and Recreation Commission) be included on the next evaluation of the Parks and Recreation Director, with this information

CITY COUNCIL AGENDA ITEM NO. I.2.c
09/26/2023
being reported to the City Council and recommendations about how we can ensure a positive experience for our residents.”
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.

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 September 12, 2023, Council Member Pierson requested a future agenda item regarding Senior Center programming, and evaluation input from the Parks & Recreation Commission of the Parks & Recreation Director.

CITY COUNCIL AGENDA ITEM NO. I.2.d
09/26/2023
SUBJECT: Consider a Request of September 12, 2023 from Council Member Pierson regarding a review of the adopted Utility Rate Studies, and provide data to Council Member Mendoza to do her own calculations
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Pierson as stated at the City Council meeting of September 12, 2023, related to a review of the adopted Utility Rate Studies and provide data to Council Member Mendoza to do her own calculations.

FISCAL IMPACT
Should an additional review of the adopted Utility Rate Studies be requested by the City Council as a result of this request, there would be an estimated cost of approximately $5,000, depending on consulting time, to review Council Member Mendoza’s calculations and share findings at a future Council meeting. Any consulting costs would require funding from the Water, Wastewater and/or Solid Waste Enterprise Funds.

BACKGROUND
Meeting Recording Transcript of Detailed Request (transcript is unedited and may not fully represent what was actually said):
“I will request a future agenda item request for staff time and funding to re-review the rate study after having reviewed Council Member Mendoza's calculations and to provide her with information necessary to do her calculations.” If this item receives approval, staff recommends accepting Council Member Mendoza’s offer to work directly with staff at City Hall to ensure that data requested is identified and provided efficiently, and engage the consultant to review the work and present findings to the Council at a later date.

CITY COUNCIL AGENDA ITEM NO. I.2.d
09/26/2023
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.

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 June 13, 2023, the City Council adopted Resolution 2023-75, approving a Water and Wastewater Rate Study, Identifying User Charges for Water Utility Services, and adopting revised monthly user charges for water service for Fiscal Years 2023/24 To 2027/28 And Subsequent Years; adopted Resolution 2023-76 accepting and approving a Water and Wastewater Rate Study, identifying user charges for wastewater utility services, and adopting revised monthly user charges for wastewater service for fiscal years 2023/24 to 2027/28 and subsequent years; and adopted Resolution 2023-77 accepting and approving a solid waste rate study and adopting revised monthly user charges for solid waste service for fiscal years 2023/24 to 2027/28 and subsequent years.

On September 12, 2023, Council Member Pierson requested a future agenda item regarding a review of the adopted Utility Rate Studies and provide data to Council Member Mendoza to do her own calculations.

CITY COUNCIL AGENDA ITEM NO. I.2.e
09/26/2023
SUBJECT: Consider a Request of September 12, 2023, from Council Member Mendoza regarding amendments to the Special Events Application 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 as stated at the City Council meeting of September 12, 2023, related to amendments to the Special Events Application

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

BACKGROUND
Council Member Mendoza provided the following elaboration in writing about her future agenda request:

Add language to special event application conditions:
• Events that do not leave the event area as they received it will be fined – all areas should be cleaned as to city standards.
• Events that do not leave the event area as they received it will not be eligible for an event license next year
Competing vendors shall not be placed within a certain area of brick & mortar businesses. Staff will review a map of vendors one month before event to:
• Review for competing vendors
• Provide map to all brick & mortar businesses in the area 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 AGENDA ITEM NO. I.2.e
09/26/2023

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

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, the City Council directed staff to return with policy and procedural improvements to be considered related to Special Events at City Park including, but not limited to:
• Strict compliance to anyone without a permit
• Improving definition of revocation of a permit
• Ability to deny a past permittee if, if they've had a permit revoked • Consider application timelines based upon number of attendees For example 300 attendees/1,000 attendees/etc
• Ensuring a waste management plan is submitted to meet state requirements (AB 939)
• Ensuring that a command post is designated on all plans • Require crowd control plan and a cleanup plan for each event • An explicit security plan
• Offer incentives for use of locations other than City Park. • Look at existing code that allows for the Parks and Recreation Director to work with the Parks and Recreation Commission to establish rules for events
• Consider blackout dates for any new events that have not currently submitted an application
• Consider working with existing permittees related to competing with businesses that might be located on the streets if they are located directly adjacent to an existing business
• Properly notify businesses regarding when events are approved and when they will occur so that they can better prepare
• Consider reduction of the number of farmers markets
• Work with the school district to ensure no conflicts with homecoming and school sponsored dances
• Proper notification of street closures to property owners and businesses • Grounds recovery plan and how often events can be held and still maintain the grass at City Park
On September 12, 2023, Council Member Mendoza requested a future agenda regarding amendments to the special event application.

CITY COUNCIL AGENDA ITEM NO. I.2.f
09/26/2023
SUBJECT: Consider a Request of September 12, 2023, from Council Member Mendoza regarding monitoring of Council Member time and requests of staff
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 regarding monitoring of Council Member time and requests of staff.

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

BACKGROUND
Council Member Mendoza provided the following elaboration about her future agenda request in writing:

All council persons should be treated equitably. Going forward all staff time should be documented when speaking with a council person for any reason or carrying out any work. All council members will have equal time with staff regardless of if it is a conversation or work carried out. Examples include speaking with the police department staff including the chief, speaking with city manager, speaking with city attorney or anyone on the city payroll. All council persons should be treated equally.

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.

CITY COUNCIL AGENDA ITEM NO. I.2.f
09/26/2023

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

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 September 12, 2023, Council Member Mendoza requested a future agenda regarding monitoring of Council Member time and requests of staff.