Agenda packet, second session — Brentwood City Council, January 9, 2024 (part 1 of 2)

JANUARY 9, 2024, 7:00 PM

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

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

1. IN PERSON:
a. Members of the public can provide in-person comments in the Council Chambers.

Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chambers will have seating available for members of the public to attend in person up to full seating capacity.

2. REMOTE (if enabled): Remarks by members of the public participating via Zoom are limited to speaking on items listed under public hearings; business items; and requests for future agendas items, existing requests. Zoom participation during the general public comment period will not be accepted, except in the event a City Council Member is participating remotely under the provisions of Government Code § 54953 (f). a. Zoom: www.brentwoodca.gov/vcc or Zoom Webinar ID: 760 1397 0037 b. Zoom Phone Numbers. Dial Toll Free: (833) 548-0276 or (833) 548-0282 or (877) 853-5247.
c. During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. (If you need instructions on how to use this feature, please contact the City Clerk by noon of the meeting date at [email protected] or 925.516.5182.)

3. E-MAIL
a. Public comments can also be submitted via e-mail to [email protected].

Any public comments received up until 3:00 p.m. of the meeting date will be:

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

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

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

4. TO WATCH OR LISTEN ONLY:
a. The public may view the meeting via one-way video feed by selecting the video option at the City Council Agendas’ link on the City webpage at www.brentwoodca.gov or via the City’s YouTube Channel: https://www.youtube.com/c/cityofbrentwoodca

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

January 9, 2024, 7:00 p.m.

City Council Chambers
150 City Park Way
Brentwood, CA 94513
City Council Zoom Link
A. CALL TO ORDER & ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. PUBLIC COMMENTS
Pursuant to Council/Administrative Policy, Meeting Rules and Procedures section 5.2 (Decorum Generally – Public), comments by members of the public are generally limited to five minutes, or less time if a large number of speakers is anticipated, or if approved by the Mayor. Speakers desiring answers to questions should direct them to the Council/Successor Agency and, if relevant, they may direct them to the appropriate staff member. Speakers can also follow up directly with staff during regular City business hours.

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

During this portion of the meeting those present in the Council Chambers are permitted to speak on items that are listed under Presentations; Informational Reports; Consent Calendar; Requests for Future Agenda Items- New Items; or items not on the agenda during this portion of the meeting. Public comments for scheduled agenda items should wait until that time.

Zoom participation during this general public comment period will not be accepted.

D. PRESENTATIONS
D.1 Presentation from Contra Costa County Fire by Deputy Fire Chief Aaron McAlister D.2 Presentation from the Contra Costa County Clerk Recorder's Office.

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

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

F.1 Minutes of the City Council/Successor Agency meeting of December 12, 2023 F.2 A Proclamation Proclaiming January 16, 2024, as National Religious Freedom Day F.3 A Proclamation proclaiming January 15, 2024, as Martin Luther King Jr. Day.

F.4 A Proclamation proclaiming January 11, 2024, as Human Trafficking Awareness Day F.5 A Proclamation Supporting Peace and Condemning Islamophobia F.6 Notice of Completion for Mercoza for the Pavement Management Program 2023 (Concrete).

Title/Recommendation
Staff recommends that the City Council adopt a Resolution accepting the work performed by Mercoza (“Contractor”) for the Pavement Management Program 2023 (Concrete), CIP Project No. 336-31702 (“Project”); and requesting the City Clerk to file a Notice of Completion with the County Recorder.

F.7 Recognized Obligation Payment Schedule (ROPS) 24-25.

Title/Recommendation
Staff recommends adopting a Resolution of the Successor Agency to the Brentwood Redevelopment Agency (“Successor Agency”) approving the Recognized Obligation Payment Schedule (ROPS) and Administrative Budget for July 2024 – June 2025, and authorizing the Director of Finance and Information Systems and/or his designee, in consultation with the General Counsel, to make minor adjustments thereto as necessary to secure approval of the ROPS and/or the Administrative Budget by the State Department of Finance; and to undertake other actions necessary to carry out the purposes of this resolution.

F.8 Consideration of the proposed list of Proclamations for 2024 and possible direction to staff on changes to the schedule.

Title/Recommendation
Approve the proposed list of Proclamations for 2024 and possible direction to staff on changes to the schedule.

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

G.1 Zoning text amendment, conditional use permit, and design review for the Shepherd’s Gate cottage addition.

Title/Recommendation
An application for a Zoning Text Amendment (RZ 23-001) to amend subsection

17.495.005 (“Other Regulations”) and add a new conditionally permitted use to subsection 17.495.003 of the PD-45 zoning district text; a Conditional Use Permit (CUP 23-001) requesting an increase of 15 residents in an existing residential group home; and a Design Review (DR 23-001) requesting approval for a 2,877 square foot addition, consisting of three dwelling units, communal pantry, laundry facility, and associated site improvements to an existing residential group home, on a 1.5-acre parcel located at 605 Sycamore Avenue (APN 016-310-076).

The Planning Commission recommends that the City Council (1) adopt an ordinance approving RZ 23-001, to amend the PD-45 zoning text, specifically subsection 17.495.005 “Other Regulations” to allow, through a Conditional Use Permit, an increase to the number of residents an existing residential group home can accommodate and add a new conditionally permitted use to subsection 17.495.003 that reflects the previously mentioned allowance; (2) adopt a resolution approving CUP 23-001, which requests approval of 15 additional residents to an existing residential group home; and (3) adopt a resolution approving DR 23-001, which requests approval of a 2,877 square foot addition, consisting of three dwelling units (cottages), a communal pantry, laundry facility, and associated site improvements to an existing residential group home.

The proposed project qualifies as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA) Guidelines Section 15301(e)(2), as it will be an addition to an existing facility in which the 2,877 square foot addition will not result in an increase of more than 50 percent of the floor area of the 7,421 square foot existing structure.

The proposed project is further exempt from CEQA as it qualifies as a Class 3 categorical

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exemption under Guidelines Section 15303(b), as the project consists of the construction of a small multi-family residential structure totaling no more than six dwelling units within an urbanized area.

H. BUSINESS ITEMS
Persons addressing the City Council using Zoom are asked to raise their hands using the Zoom feature. Those attending in person and wishing to address the Council may do so from the podium. The Council may adopt reasonable regulations at the onset of each business item to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the item shall follow the protocol for Public Comments. Public comment on each of the following items is limited to what is described in the specific agenda item.

H.1 Update on the Memorandum of Understanding between the City and the Downtown Brentwood Coalition
Title/Recommendation
Update on the Memorandum of Understanding (MOU) between the City and the Downtown Brentwood Coalition (DBC) for delivery and administration of the Main Street America Accredited Member program for Downtown Brentwood for fiscal years 2021/22, 2022/23 and 2023/24, including but not limited to downtown district and downtown events promotion, destination tourism, downtown area district and membership management. No action is requested of the Council.

H.2 Discussion of Parks and Recreation Special Event Process Title/Recommendation
This report is intended to provide background about the existing Parks and Recreation Department’s Special Event process and to share with the City Council the research, feedback, and recommendations from community stakeholders for potential changes to the process. This staff report references discussion and direction City Council provided to staff at the June 27, 2023 City Council Meeting. Staff recommends the Council receive this report and provide feedback on the suggested changes.

I. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Members wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for the next Council meeting
J. REQUESTED FUTURE AGENDA ITEM(S)
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza related to the ability of the City Council to mandate the internal investigations of certain employees.

J.1 Consider a Request from Council Member Mendoza related to the ability of the City Council to mandate the internal investigations of certain employees Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza related to the ability of the City Council to mandate the internal investigations of certain employees.

J.2 Consider a Request from Council Member Mendoza seeking information regarding Government Code Section 54954.3(c)
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza directing staff to prepare information related to a portion of the Brown Act (Government Code section 54954.3(c)).

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

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

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

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

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

POSTING STATEMENT
On January 4, 2024, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov
A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov

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1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
December 12, 2023, 7:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 7:01 p.m.

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

Council Member Mendoza participated via Zoom teleconference in accordance with the Brown Act “just cause” exception, per AB 2449.

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

C. PUBLIC COMMENTS
Denise Duran thanked the Council for the opportunity to work with and learn from the City in her role as Brentwood Chamber of Commerce President.

Paul Jarvis provided comments on Covid mask mandates, homeless encampments, athletes, and President Biden.

Owen Spishock spoke as the Chairperson of the Brentwood Youth Commission and provided updates on upcoming events.

Omair Alam read a poem by Refaat Alareer, a Palestinian professor and writer.

Sinziana Todor provided comments regarding the limited speaker time, the internal investigation related to Parks and Recreation, and Council Member Pierson's participation in the Special City Council meeting on December 4th.

Don Smith provided comments regarding the roles of City Council Members as elected officials.

Carolina Villaseca provided comments regarding vetting projects and ensuring they are executed in the best way possible for the City and commented on an investigation on the Parks and Recreation department.

Danny Dohrmann provided comments regarding public comments.

Rabbi Goldshmid shared it was the sixth day of Chanukah and stated the Jewish response to senseless hatred is senseless kindness.

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2 D. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Council Member Oerlemans reported on his attendance at the Police Activities League's (PAL) Tamale Fest, Closed Session Council meetings regarding the City Attorney applicants, the Holiday Parade and Tree Lighting in City Park, the Cars and Chill Toy Drive by PAL at Chill Tea, PAL board meeting, watched a Planning Commission meeting, and attendance at Shop with a Cop at Target.

Vice Mayor Meyer reported on her attendance at the National Alliance on Mental Illness Veterans presentation, her presentation at Adams Middle School - Leadership Class, volunteered for the Hijas Del Campo clothing, food, and book drive supporting 96 families, listened to presentation by Congressman Garamendi, League of California Cities presentation on new legislation for 2024, attended a reception for County's new Veteran Services Officer, Trilogy holiday concert , A Place for Learning fundraiser, watched the Planning Commission meeting, attended the Sherwin Williams Santa and ornament painting event, the Hanukah Festival and the Grand Menorah Lighting hosted by the Chabad of the Delta, the Equity, Anti-racism and Justice listening session by The Justice Collective, and the Holiday Parade and Tree Lighting.

Council Member Mendoza reported on her attendance at the League of California Latinos Communication Subcommittee meeting, Contra Costa County board presentation related to Diversity, Equity, and Inclusion (DEI), watched the Park and Recreation Commission meeting, attended the holiday show at Trilogy, participated in an Our Neighborhood Voices statewide event, watched the League of California Cities presentation on new legislation for 2024, attended a League of Latino Caucus directors meeting, attended A Place of Learning fundraiser, watched a presentation by Congressman Garamendi, attended Diane Burgis office for the County Veterans officer presentation, the Holiday Parade and Tree Lighting, and was appointed to Housing Committee by the President of the League of California Cities.

Council Member Pierson reported on her participation with the PAL board regarding the Tamale Fest, Crab Feed, and Shop with a Cop, attendance at the Holiday Parade and Tree Lighting, met with members of the community regarding various subjects, and attendance at Closed Session meetings on November 29th and December 4th.

Mayor Bryant reported on his attendance at the inaugural meeting of the Green Empowerment Zone, the Ron Nunn Elementary School Walk and Talk with teachers and parents, the Grand Menorah Lighting, the Mayors' Conference, City Attorney interviews, Delta Six meeting, Tamale Fest, Airport Land Use Committee, and the Holiday Parade and Tree Lighting Ceremony.

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3 E. REQUESTED FUTURE AGENDA ITEM(S)
E.1 Consider Requests from Vice Mayor Meyer and Council Member Mendoza related to traffic safety enhancements in the Trilogy subdivision.

Vice Mayor Meyer and Council Member Mendoza presented the item.

The Mayor opened the public comment period.

The following speakers spoke in favor of the item:

Dennis Radabaugh
Rich Castro
Julie Castro
Joe Young
Dave Gilbert
Denise Duran
Danny Dorhmann inquired why Trilogy seems to get fast tracked and commented that there are other areas of the City that need attention.

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

Moved by: Susannah Meyer, Vice Mayor
Seconded by: Jovita Mendoza, Council Member
The City Council directed staff to spend time and resources related to installing an additional light up beacon on both sides of the street, increasing the flashing duration for the flashing beacon, provide the most recent traffic study, provide incident report for 2023 and 2022, continue with the landscape improvements, prepare budget opportunities if unsuccessful on grant for light up beacon, develop specific instructions for landscaping contractor, consider installation of additional speed limit signs, and report on anything else the City can do to improve safety.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
E.2 Consider Requests from Mayor Bryant and Council Member Pierson related to forming a single proclamation from the suggestions to support peace and condemn Islamophobia
Mayor Bryant and Council Member Pierson presented the item.

Mayor Bryant opened the public comment period.

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4 The following speakers spoke requesting the proclamation language to include calling for a ceasefire:

Amin Arikat
Farid
Saoud Arikat
Sumaya Alkatib
Tanvir Choudhary
Ahmad
Anoosha Chishti
Melody Rooshen
Marjan Mohamand
Iyas Sartawi
Raya Sartawi
Feros Kayyali
Hussein Hassane
Isabella Klaus
Ilma
Halena Neyazi
Michael Yoshii
Aarynn
Joy Hamilton
Mustafa
Naemah
Dina
Mahtop R.

Falustein Shoman
Wesam Shaer
Jihad Shaer
Jineen Shoman
Nina
Jenna
Sana Sharfuddin
Jacob
Jojo
The following speakers spoke in support of the item as proposed:

Cathy Little
Laura Avila
Marilyn Tamura provided comments suggesting language for both condemnation of Islamophobia and anti-Semitism.

Dina Ramaha provided comments that tax dollars should support mental health instead of war.

Rabbi Goldsmid provided comments opposing the item.

The City Council recessed from 8:46 pm and reconvened at 8:55 pm.

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5 Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Joel Bryant, Mayor
The City Council directed staff to prepare a proclamation supporting peace in the Middle East and condemning Islamophobia.

City Clerk read Ordinance 1065 title.

Moved by: Susannah Meyer, Vice Mayor
Seconded by: Pa'tanisha Pierson, Council Member
Adopted the Consent Calendar as recommended by staff excluding item F.10.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
F.1 Minutes of the City Council/Successor Agency meeting of November 14, 2023
F.2 Notification of the correction of a clerical error in the Solid Waste utility rate schedule.

City Council received an informational report notifying the Council that City staff will correct an unintended clerical error to the rate schedule in Attachment A-1 of Resolution No. 2023-77 and file an amended solid waste rate study report.

F.3 Award of Contract for Homecoming Park Playground Replacement Adopted Resolution 2023-141 1) approving the purchase and installation of playground equipment for Homecoming Park, and authorizing the City Manager or designee to execute a contract, and necessary documents, in the amount of $287,036.18, plus funding authorization for a 10% contingency amount of $28,703.62, for a total funding authorization not to exceed amount of $315,739.80 with Landscape Structures, Inc. through a Sourcewell Cooperative Purchasing Agreement for Homecoming Park Playground Replacement, CIP Project No. 352-52447; 2) amending the 2023/24 – 2027/28

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6 Capital Improvement Program (CIP); and 3) amending the 2023/24 Operating Budget for the associated project funding transfer.

F.4 Agreement with Axon Enterprises for Police Department Equipment and Services and amending the Operating Budget
Adopted Resolution 2023-142 authorizing the City Manager or designee to execute an agreement and necessary documents with Axon Enterprises, Inc. in the amount of $1,820,470, plus funding authorization for an additional $150,000 for contingencies, for a total not-to-exceed funding authorization amount of $1,970,470 over a five year term for the purchase and installation of body-worn cameras, incar video systems, electronic control devices, interview room video and audio equipment, digital evidence storage, unmanned aerial vehicles, and future innovative technologies; and amending the FY 2023/24 General Fund Operating Budget in the amount of $74,830.

F.5 Second Reading of Ordinance No. 1065 amending provisions of the Brentwood Municipal Code related to administrative citations and appeal procedures.

Waived second reading and adopted Ordinance No. 1065 amending provisions of the Brentwood Municipal Code to update outdated chapter and section numbering references; revise Section 1.12.010 (Hearing Officer); revise, in its entirety, Chapter 1.24 (Administrative Citations); and make findings that these actions are exempt from the California Environmental Quality Act based on sections 15061 and 15358 of the Act’s Guidelines.

F.6 Purchase of twelve replacement and two new Ford vehicles.

Adopted Resolution 2023-143 1) approving the purchase of 14 vehicles (two new and twelve replacements): 7 Ford F250 trucks (3 for the Parks & Recreation Department, 3 for the Public Works Department, and 1 for the Police Department); 5 Ford F350 trucks for the Public Works Department; and 2 Ford F550 trucks for the Public Works Department, from Bill Brandt Ford in Brentwood, CA; 2) amending the General Fund Street Division 2023/24 Operating Budget in the amount of $46,531; 3) amending the General Fund Parks Landscape Operations 2023/24 Operating Budget in the amount of $31,714; 4) amending the Vehicle and Equipment Replacement Fund 2023/24 Operating Budget in the amount of $309,325; and 5) authorizing the City Manager or designee to execute any necessary documents in an amount not to exceed $1,321,420 for fiscal year 2023/24 for the purchase of these vehicles.

F.7 2022-23 Development Impact Fee Report
Received and filed the Development Impact Fee Report ensures compliance with California Government Code Section 66006(b) and 66001(d), which requires an annual report providing specific

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7 information about those fees, be prepared and made available to the public.

F.8 Supplement to the Annual Report on the Low and Moderate Income Housing Fund for Fiscal Year 2022/23.

Received and filed the Supplement to the Annual Report on the Low and Moderate Income Housing Fund ensures compliance with Senate Bill 341 requirements for Housing Successors and will be submitted to the Department of Housing and Community Development (HCD) as an addendum to the Annual Progress Report that will be prepared in Spring 2024.

F.9 Combined Community Facilities District (CFD) Annual Report for Special Taxes Levied for Fiscal Year 2022/23
Received and filed the Combined Community Facilities District (CFD) Annual Report for Special Taxes Levied ensures compliance with Section 50075.3 of the California Government Code which requires an annual report be filed with the Legislative body for voter approved special taxes.

F.10 Contract Change Order No. 2 with B and D Excavation and Construction for the Sound Wall, CIP Project No. 337-37263.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Tony Oerlemans, Council Member
Motion to deny the request 1) approving Contract Change Order No. 2 with B and D Excavation and Construction (“B and D”) for the Sound Wall, CIP Project No. 337-37263 (“Project”), in the amount of $15,211.63, bringing the Contract price to $393,811.62; and 2) increasing the funding authorization contingency amount for the Project by $5,000, for an overall total funding authorization not to exceed amount of $455,601.63 for the Project.

Ayes (3): Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Noes (2): Jovita Mendoza, Council Member, and Susannah Meyer, Vice Mayor
Motion Approved (3 to 2)
G. BUSINESS ITEMS
G.1 Independent Auditors’ Report and Annual Comprehensive Financial Report for Fiscal Year 2022/23; and Report on the Financial Awards received by the City
Finance Director / City Treasurer Kerry Breen presented the item.

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8 Amy Meyer, Maze & Associates presented the Independent Auditor's Report.

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

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
City Council received the Independent Auditors’ Report and Annual Comprehensive Financial Report for Fiscal Year 2022/23 and the report on the Financial Awards received by the City.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
G.2 Selection of Planning Commission candidates to be interviewed and a review of the current applicant interview process
Sinziana Todor provided comments regarding a procedural change to the applicant interview selection process.

Carolina Villaseca provided comments regarding a procedural change to the applicant interview selection process.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Provided direction to staff related to the process for selections and interviews, to include amendments to the process including: The Mayor and each Council member will email their individual selections to the City Clerk Each Council Member will submit up to three (3) questions, in order of preference to the City Clerk no later than twenty-four (24) hours before the special meeting. For meetings held in person, the applicants will be seated in a room where there is not audio/video of the City Council meeting; and be brought in to the public meeting in sequence. The order of sequence will be randomly selected by the City Clerk drawing names.

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

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9 G.3 A Resolution Appointing Katherine Wisinski as Interim City Attorney
Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted Resolution 2023-144 Appointing Katherine Wisinski as Interim City Attorney.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Tony Oerlemans, Council Member
Motion to continue to the next City Council meeting when all members will be present: City Council committees and committee assignments for 2024; and dissolution of committees.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
G.5 Amending City Council/Administrative Policy 110-04 Procedures for Ceremonial Documents related to the process for Proclamations Motion to continue to the next City Council meeting when all members will be present: Amending City Council/Administrative Policy 110-04 Procedures for Ceremonial Documents related to the process for Proclamations
Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Tony Oerlemans, Council Member
Motion to continue to the next City Council meeting when all members will be present: City Council committees and committee assignments for 2024; and dissolution of committees.

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

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10 H. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUESTS
Council Member Mendoza requested a review of Brown Act Section 54954.2(C) and for discussion/update on the internal investigation.

I. PRESENTATIONS
I.1 Recognition of City Attorney, Damien Brower, upon the occasion of his retirement.

J. ADJOURNMENT
It was moved/seconded by Vice Mayor Meyer/Council Member Mendoza to adjourn at 11:50 p.m.

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WHEREAS, human trafficking is a public health issue and crime that exploits the most vulnerable among us and weakens the health and well-being of individuals, families, and communities across generations; and WHEREAS, the impact of human trafficking is wide-ranging, directly affecting foreign nationals as well as US citizens, and society as a whole; victims experience trauma, violence, manipulation, fraud, and coercion at the hands of their traffickers; and
WHEREAS, people can be trafficked in person and online; in industries such as restaurants, domestic work, construction, agriculture, and factories; and by strangers or someone they know, including employers, partners, and family members; and
WHEREAS, human trafficking can be prevented by building individual, community, and societal understanding and resilience, reducing social inequities, and addressing the conditions that contribute to exploitation; and WHEREAS, the National Human Trafficking Hotline (1-888-373-7888) of the National Human Trafficking Resource Center is an important resource to report a tip or ask for help; and
WHEREAS, since 2007, the National Human Trafficking Resource Center has received 399,494 substantive phone calls, texts, emails, or online tip reports nationwide and has identified 164,839 victims of human trafficking; and WHEREAS, Brentwood is not immune to human trafficking, and fighting exploitation and human trafficking is a shared community responsibility.

NOW, THEREFORE, BE IT PROCLAIMED that the City Council of the City of Brentwood does hereby recognize January n, 2024 as

HUMAN TRAFFICKING AWARENESS DAY
and urges all residents to counter injustice and fortify the commitment to pursue dignity and freedom for all people.

Dated this 10th day of January, 2023

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CITY COUNCIL AGENDA ITEM NO. F.6
01/09/2024
SUBJECT: Notice of Completion for Mercoza for the Pavement Management Program 2023 (Concrete).

DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Brant Wilson, Senior Associate Engineer
Renee Payette, Project Services Specialist

TITLE/RECOMMENDATION
Staff recommends that the City Council adopt a Resolution accepting the work performed by Mercoza (“Contractor”) for the Pavement Management Program 2023 (Concrete), CIP Project No. 336-31702 (“Project”); and requesting the City Clerk to file a Notice of Completion with the County Recorder.

FISCAL IMPACT
The total contract amount for the work performed by the Contractor is as follows:

Contractor Final Contract Amount Council Approved Amount (Including Contingency)
Mercoza $427,954.40 $631,764.58
The final cost of the Project is approximately 32% less than the City Council approved amount for this contract.

The Project is included in the adopted 2023/24 – 2027/28 Capital Improvement Program. A Transportation Development Act (“TDA”) grant funded $100,000 of the contract costs for the construction of sidewalk along the east side of Fairview Avenue, south of Sand Creek Road. The remaining cost of the Project was funded by the General Fund and Road Maintenance and Rehabilitation Account (“RMRA”) Funds.

BACKGROUND
This Project removed and replaced existing sidewalk, driveway approaches, curb and gutter; removed a tree; adjusted utilities to grade; and constructed sidewalk along the east side of Fairview Avenue, south of Sand Creek Road.

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CITY COUNCIL AGENDA ITEM NO. F.6
01/09/2024
The sidewalk along the east side of Fairview Avenue, which was requested by residents, closed the last remaining gap along Fairview Avenue that is south of Sand Creek Road. The sidewalk now provides access to a regional trail, Loma Vista Elementary School, and Bristow Middle School.

The Contractor completed all improvements on December 8, 2023, per the contract documents. Staff is recommending acceptance of the work performed by the Contractor and the Notice of Completion be filed with the County Recorder.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

ENVIRONMENTAL DETERMINATION
A Notice of Exemption was filed with the County Recorder on May 25, 2023.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Acceptance Photographs

4. Notice of Completion

5. List of Work Locations

Page 20 of 183 ends

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 27, 2022, by Resolution No. 2022-118, the City Council approved the allocation of Fiscal Year 2022/23 Transportation Development Act, Article 3 Pedestrian/Bicycle Project Funding from the Metropolitan Transportation Commission (“MTC”) in the amount of $100,000 for the Fairview Avenue sidewalk project. The Fairview Avenue sidewalk project was incorporated in the Pavement Management Program 2023 (Concrete) for cost saving purposes and in order to perform the work before the repaving of Fairview Avenue.

On May 9, 2023, by Resolution No. 2023-55, the City Council approved the contract documents, awarded the bid and authorized the City Manager or designee to execute a construction contract and necessary documents for the Pavement Management Program 2023 (Concrete), CIP Project No. 336-31702, with Mercoza, as the lowest responsible and responsive bidder, in the amount of $549,360.50, plus funding authorization for a 15% contingency of $82,404.08, for a total funding authorization not to exceed amount of $631,764.58.

On June 13, 2023, by Resolution No. 2023-80, City Council adopted the 2023/24- 2027/28 Capital Improvement Program (CIP), which included the Project.

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD ACCEPTING THE WORK PERFORMED BY MERCOZA
FOR THE PAVEMENT MANAGEMENT PROGRAM 2023
(CONCRETE), CIP PROJECT NO. 336-31702; AND REQUESTING

THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH THE
COUNTY RECORDER.

WHEREAS, on September 27, 2022, by Resolution No. 2022-118, the City Council approved the allocation of Fiscal Year 2022/23 Transportation Development Act, Article 3 Pedestrian/Bicycle Project Funding from the Metropolitan Transportation Commission (“MTC”) in the amount of $100,000 for the Fairview Avenue sidewalk project. The Fairview Avenue sidewalk project was incorporated in the Pavement Management Program 2023 (Concrete) for cost saving purposes and in order to perform the work before the repaving of Fairview Avenue; and WHEREAS, on May 9, 2023, by Resolution No. 2023-55, the City Council approved the contract documents, awarded the bid and authorized the City Manager or designee to execute a construction contract and necessary documents for the Pavement Management Program 2023 (Concrete), CIP Project No. 336-31702 (“Project”), with Mercoza (“Contractor”), as the lowest responsible and responsive bidder, in the amount of $549,360.50, plus funding authorization for a 15% contingency of $82,404.08, for a total funding authorization not to exceed amount of $631,764.58; and
WHEREAS, on June 13, 2023, by Resolution No. 2023-80, the City Council adopted the 2023/24-2027/28 Capital Improvement Program (CIP), which included the Project; and
WHEREAS, the Project upgraded curb ramps to be ADA compliant; removed and replaced existing sidewalk, driveway approaches, curb and gutter; removed a tree; adjusted utilities to grade; and constructed sidewalk along the east side of Fairview Avenue, south of Sand Creek Road; and
WHEREAS, the Contractor completed all improvements on December 8, 2023, per the contract documents, and staff is recommending that the work performed by the Contractor be accepted and the Notice of Completion filed with the County Recorder.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby accept the work performed by Mercoza for the Pavement Management Program 2023 (Concrete), CIP Project No. 336-31702; and request the City Clerk to file a Notice of Completion with the County Recorder.

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Page 2 of 2 ends

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 9
th day of January 2024 by the following
vote:

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Acceptance of Pavement Management Program 2023 (Concrete) CIP Project No. 336-31702

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<Project Title> CA 09-15-21 NOTICE OF COMPLETION
<Project Number> Page 1
Recording Requested By:

City of Brentwood
When Recorded Mail To:

City Clerk
City of Brentwood
150 City Park Way
Brentwood, CA 94513

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§ 6103, 27383
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

NOTICE OF COMPLETION
Civil Code §§ 8182, 8184, 9204, and 9208
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is the agent of the owner of the Project described below.

2. Owner’s full name is City of Brentwood (“City”).

3. City’s address is 150 City Park Way, Brentwood, CA 94513.

4. The nature of City’s interest in the Project is:

X Fee Ownership __ Lessee __ Other:__________________

5. Construction work on the Project performed on City’s behalf is generally described as follows: Pavement Management Program 2023 (Concrete), CIP Project No. 336-31702.

6. The name of the original Contractor for the Project is: Mercoza.

7. The Project was accepted as complete on: January 9, 2024.

8. The Project is located in Brentwood, CA 94513 as follows: upgraded curb ramps to be ADA compliant; removed and replaced existing sidewalk, driveway approaches, curb and gutter; removed a tree; adjusted utilities to grade per the attached List of Work Locations; and constructed sidewalk along the east side of Fairview Avenue, south of Sand Creek Road.

Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. __________________________ ________________________________ Date Margaret Wimberly, MMC, City Clerk
City of Brentwood, California

EXEMPT FROM NOTARY ACKNOWLEDGMENT REQUIREMENTS PER
GOVERNMENT CODE § 27287 AND CIVIL CODE § 9208

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Pavement Management Program 2023 (Concrete)
List of Work Locations

1. Fairview Avenue

2. Browning Court

3. Carey Lane

4. Christenson Street

5. Emerson Lane

6. Ford Cout

7. Grisby Court

8. Mills Drive

9. Poe Court

10. Roosevelt Drive

11. Shiles Loop

12. Wright Court

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CITY COUNCIL/SUCCESSOR AGENCY AGENDA ITEM NO. F.7
01/09/2024
SUBJECT: Recognized Obligation Payment Schedule (ROPS) 24-25.

DEPARTMENT: Finance & Information Systems
STAFF: Kerry Breen, Director of Finance & Information Systems Rachel Corona, Accountant II

TITLE/RECOMMENDATION
Staff recommends adopting a Resolution of the Successor Agency to the Brentwood Redevelopment Agency (“Successor Agency”) approving the Recognized Obligation Payment Schedule (ROPS) and Administrative Budget for July 2024 – June 2025, and authorizing the Director of Finance and Information Systems and/or his designee, in consultation with the General Counsel, to make minor adjustments thereto as necessary to secure approval of the ROPS and/or the Administrative Budget by the State Department of Finance; and to undertake other actions necessary to carry out the purposes of this resolution.

FISCAL IMPACT
The adoption of the ROPS allows the Successor Agency to pay the obligations of the former Brentwood Redevelopment Agency in an orderly manner as the process of dissolution continues. Staff expects the next receipt of the Redevelopment Property Tax Trust Fund (RPTTF) payment to be received in late January 2024, and those proceeds will be used to fund the latter six months of the ROPS 2023-2024 obligations, with a second payment to be received in June 2024 for the first six months of the ROPS 2024-2025 time period. The Administrative Budget allows for reimbursement of $250,000 of administrative costs for the July 2024 – June 2025 time period. A total of $250,000 in administrative cost reimbursements have been requested for the 2024-25 fiscal year.

The only fiscal impact to the City is the receipt of the $250,000 administrative reimbursement. The ROPS will allow the existing debts of the former Redevelopment Agency to be paid as the Redevelopment wind down continues.

BACKGROUND
Effective February 1, 2012, the Brentwood Redevelopment Agency was dissolved and certain assets of the Brentwood Redevelopment Agency Low and Moderate Income Housing Fund were distributed to a Housing Successor, and all remaining Brentwood

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CITY COUNCIL/SUCCESSOR AGENCY AGENDA ITEM NO. F.7
01/09/2024
Redevelopment Agency assets and liabilities were distributed to a Successor Agency.

Under the provisions of Assembly Bill (AB) 1484 (AB 1484) the City elected to become the Housing Successor and retain the housing assets. The City also elected to become the Successor Agency to the Brentwood Redevelopment Agency, and on February 1, 2012, the Brentwood Redevelopment Agency’s remaining assets were distributed to, and liabilities were assumed by, the Successor Agency.

By law, a successor agency is required to prepare a forward-looking ROPS that reports one year of successor agency financial obligations, commonly referred to as “Enforceable Obligations”. A successor agency may expend funds only for items on an approved ROPS. The ROPS presented for consideration this evening covers the July 2024 – June 2025 time period.

AB X1 26 (ABX1-26) required the establishment of an Oversight Board to review and approve the activities of the Successor Agency. The original Brentwood Oversight Board was established on April 11, 2012.

Effective July 1, 2018, the original Oversight Board expired by law, and a new countywide oversight board was established. Should the ROPS be approved by the Successor Agency, it will be brought to the Countywide Oversight Board for the Successor Agency (“Oversight Board”) for their approval, and then remitted to the State Department of Finance (“DOF”) for their review. The Oversight Board review is scheduled for January 29, 2024. In the event of a dispute between the Successor Agency and the DOF regarding a line item on the ROPS, the Successor Agency may request an additional review by the DOF, and has the opportunity to meet and confer on disputed items. The decision made by the DOF following a meet and confer session is considered the final administrative appeal, with litigation being the only means of settling any unresolved disputes following meet and confer sessions.

The DOF prescribes the method and form requirements for the ROPS, and has established the reporting template to be used by successor agencies. The DOF’s reporting application (Redevelopment Agency Dissolution Web Application or “RAD App”) allows agencies to validate a ROPS through their online portal prior to bringing it to the Oversight Board for approval, thus reducing the risks that the DOF may invalidate a ROPS due to an administrative or technical error after submission. In addition, the RAD App maintains a continuous numbering system for each enforceable obligation so that a single enforceable obligation will always be referred to by the same reference number throughout the entirety of all future ROPS reports. The reporting template includes the following four interlinked reporting pages:

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CITY COUNCIL/SUCCESSOR AGENCY AGENDA ITEM NO. F.7
01/09/2024
 Summary Page, which summarizes funding request totals from the ROPS line item detail pages and contains the signature section for the Certification of the Oversight Board Chairman;
 ROPS Detail Page, where all the individual enforceable obligations of the Successor Agency are listed, along with the funding requirements for the July 2024 – June 2025 timeframe;
 Cash Balances Page, which summarizes the amount of any excess funds available as of June 30, 2022, through a reconciliation of activity from the ROPS 2021-2022 (July 1, 2021 – June 30, 2022) time period; and  Notes Page, which is an optional page where agencies can include additional clarifying information pertaining to any of the items listed on the ROPS Detail Page.

The Successor Agency is reporting excess funds as of June 30, 2022 on the Cash Balance page of $215,557 resulting from the net of $286,377 of prior investment earnings received, offset by $70,820 of those earnings utilized to fund a portion of the ROPS 2021-2022 obligations. In addition, unspent RPTTF funds of $54,000 are being retained to assist with the disposal of Successor Agency property. Remaining unspent investment earnings will continue to be used to reduce the Successor Agency’s future RPTTF allocations. The DOF requires remaining funds to be spent prior to future RPTTF allocations.

The ROPS Detail Page includes a total of $2,682,637 of enforceable obligations for the July 2024 – June 2025 time frame. Of the obligations listed, a total of $2,431,037 is necessary to meet debt service payment obligations; $1,600 is for investment/trustee related expenses; and $250,000 is for the Successor Agency’s annual administrative allowance. These expenses have all been consistently approved by the DOF on prior ROPS. In the future, there will be a reconciliation of the RPTTF allocation that the Successor Agency receives for ROPS 2024-2025 against expenses that actually occur. Funds received for expenses listed on the ROPS that do not actually occur will be deducted from future RPTTF allocations. In this way, the Successor Agency is only provided sufficient funds to meet actual, rather than projected, expenses.

As mentioned above, the ROPS contains the administrative budget for the Successor Agency. The Successor Agency's "administrative cost allowance", as defined and authorized pursuant to Health & Safety Code Section 34171(b) (HSC 34171), is a minimum reimbursement of $250,000 for the entire 2024-2025 fiscal year. In accordance with Health & Safety Code Section 34177(j)(1) (HSC 34177), the total estimated Successor Agency administrative costs for the 2024-2025 fiscal year are expected to exceed this limit and therefore the administrative budget for ROPS 2024-

Page 29 of 183 ends

CITY COUNCIL/SUCCESSOR AGENCY AGENDA ITEM NO. F.7
01/09/2024
2025 is $250,000. This budget, in accord with Health & Safety Code Section 34177(j)(2) (HSC 34177) proposes the source of payment for the administrative costs as the RPTTF established and maintained by the County Auditor-Controller pursuant to Health & Safety Code Section 34170.5(b) (HSC 34170.5).

Additionally, Health & Safety Code Section 34177(j)(3) (HSC 34177) requires proposals for arrangements for administration and operations services. The Successor Agency has arranged with the City of Brentwood to provide the staff services and office materials and equipment to administer the responsibilities of the Successor Agency, and will draw upon services of outside legal and financial consultants to provide special services for the wind-down of the former Brentwood Redevelopment Agency to the extent City staff lacks the necessary expertise or capacity.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action

2. Resolution ROPS 24-25

3. Exhibit A - ROPS 24-25

Page 30 of 183 ends

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

On January 10, 2023, the Successor Agency adopted Resolution 2023-02-SA approving the ROPS and Administrative Budget for July 2024 – June 2025, and authorizing the Director of Finance and Information Systems and/or his designee, in consultation with the General Counsel, to make minor adjustments thereto as necessary to secure approval of the ROPS and/or the Administrative Budget by the State Department of Finance; and to undertake other actions necessary to carry out the purposes of this resolution.

Page 31 of 183 ends

RESOLUTION NO.

A RESOLUTION OF THE GOVERNING BOARD OF THE SUCCESSOR

AGENCY TO THE BRENTWOOD REDEVELOPMENT AGENCY, APPROVING

THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) AND
ADMINISTRATIVE BUDGET FOR JULY 2024 – JUNE 2025 AND

AUTHORIZING THE DIRECTOR OF FINANCE AND INFORMATION SYSTEMS

AND/OR HIS DESIGNEE, IN CONSULTATION WITH THE GENERAL

COUNSEL, TO MAKE MINOR ADJUSTMENTS THERETO AS NECESSARY TO

SECURE APPROVAL OF THE ROPS AND/OR THE ADMINISTRATIVE
BUDGET BY THE STATE DEPARTMENT OF FINANCE; AND TO UNDERTAKE

OTHER ACTIONS NECESSARY TO CARRY OUT THE PURPOSES OF THIS RESOLUTION.

WHEREAS, Sections 34177 (l) and (m) of the Health and Safety Code require the successor agency to the former City of Brentwood Redevelopment Agency (“Successor Agency”) to submit to the State Department of Finance (“DOF”), the State Controller, and the Contra Costa County Auditor-Controller (“County Auditor-Controller”), by February 1, 2024, a Recognized Obligation Payment Schedule (ROPS) for the period July 1, 2024 through June 30, 2025; and WHEREAS, the ROPS contains the enforceable obligation commitments of the Successor Agency for the July 2024 - June 2025 timeframe; and
WHEREAS, Health and Safety Code Section 34177(j) requires the Oversight Board to approve an Administrative Budget for administrative costs of the Successor Agency; and WHEREAS, the Successor Agency's "administrative cost allowance", as defined and authorized pursuant to Health and Safety Code Section 34171(b), is a minimum of $250,000, unless reduced by the Oversight Board or by agreement between the Successor Agency and the DOF for the July 2024 - June 2025 time period; and
WHEREAS, the Successor Agency will report to the County Auditor-Controller that its administrative cost allowance to be paid from property taxes deposited in the Redevelopment Property Tax Trust Fund pursuant to Health and Safety Code Section 34183(a)(3) is the amount of $250,000 for the July 2024 - June 2025 time period; and WHEREAS, as authorized pursuant to Health and Safety Code Section 34183(a)(3), the proposed source of payment for the administrative costs is the Redevelopment Property Tax Trust Fund established and maintained by the County Auditor- Controller pursuant to Health and Safety Code Section 34170.5(b); and
WHEREAS, the Successor Agency has arranged with the City of Brentwood to provide the staff services, office materials and equipment to administer the responsibilities of the Successor Agency.

NOW, THEREFORE BE IT RESOLVED AS FOLLOWS:

Section 1. Approval of ROPS. The Governing Board of the Successor Agency to the City of Brentwood Redevelopment Agency, hereby approves the Recognized Obligation Payment Schedule (ROPS) for the period from July 2024 to June 2025, in substantially the form attached hereto as Exhibit A as required by Health and Safety Code Sections 34177(l) and (m).

Page 32 of 183 ends

Section 2. Severability. If any provision of this Resolution, the ROPS or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution or the ROPS which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution and the ROPS are severable. The Governing Board of the Successor Agency to the City of Brentwood Redevelopment Agency hereby declares that it would have adopted this Resolution and the ROPS irrespective of the invalidity of any particular portion thereof.

Section 3. Submittal of ROPS. The Director of Finance and Information Systems or his designee is hereby directed to submit the ROPS to the Oversight Board and to take any other actions that may be required in order to obtain Oversight Board approval of the ROPS, including, without limitation, making amendments to the ROPS required by the County Auditor-Controller or the Oversight Board, and, thereafter, to submit the ROPS to the Contra Costa County AuditorController, the State Department of Finance and the State Controller and to post the ROPS on the Successor Agency’s website in accordance with Health and Safety Code Section 34177(l)(2)(C), and to cooperate with DOF to the extent necessary to obtain DOF’s acceptance of the each ROPS item, including, if necessary, making modifications to the ROPS determined by the Successor Agency’s Director of Finance an Information Systems or designee, in consultation with the General Counsel, to be reasonable and financially feasible to meet its legally required financial obligations.

Section 4. Approval of Administrative Budget. The Governing Board of the Successor Agency to the City of Brentwood Redevelopment Agency hereby approves and adopts the Administrative Budget in the amount of $250,000 as required by Health and Safety Code Section 34177(j).

Section 5. Authorization of Other Actions. The Director of Finance and Information Systems and/or his designee, on behalf of the Successor Agency, is hereby authorized and directed to undertake actions necessary to carry out the purposes of this Resolution including, without limitation, the execution of documents and all other actions, subject to any minor conforming, technical or clarifying changes approved to form by the General Counsel. Such actions may include, but are not limited to (1) submitting the approved Administrative Budget to the Oversight Board as part of the approved ROPS and submitting the Administrative Budget as part of the approved ROPS to the Contra Costa County Auditor-Controller, California State Controller and the DOF, and posting the approved Administrative Budgets as part of the approved ROPS on the Successor Agency’s website; and (2) requesting a meet and confer session with the DOF for any items listed on the attached ROPS and denied funding by the DOF.

PASSED, APPROVED AND ADOPTED by the Governing Board of the Successor Agency to the City of Brentwood Redevelopment Agency at a regular meeting held on January 9, 2024, by the following vote:

Page 33 of 183 ends

Recognized Obligation Payment Schedule (ROPS 24-25) - Summary Filed for the July 1, 2024 through June 30, 2025 Period Successor Agency: Brentwood
County: Contra Costa
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
24-25A Total
(July -
December)
24-25B Total
(January -
June)
ROPS 24-25
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 70,289 $ - $ 70,289 B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds 70,289 - 70,289
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 1,951,793 $ 660,555 $ 2,612,348 F RPTTF 1,826,793 535,555 2,362,348
G Administrative RPTTF 125,000 125,000 250,000
H Current Period Enforceable Obligations (A+E) $ 2,022,082 $ 660,555 $ 2,682,637 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
Exhibit A

Page 34 of 183 ends

Brentwood
Recognized Obligation Payment Schedule (ROPS 24-25) - ROPS Detail July 1, 2024 through June 30, 2025

A B C D E G I K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Description
Total
Outstanding
Obligation
ROPS
24-25
Total
ROPS 24-25A (Jul - Dec)
24-25A
Total
ROPS 24-25B (Jan - Jun)
24-25B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$26,684,444 $2,682,637 $- $- $70,289 $1,826,793 $125,000 $2,022,082 $- $- $- $535,555 $125,000 $660,555 2 Bonds - Debt Service Bond
Reimbursement
Agreements
09/27/
2001
11/01/2031 2001 Tax
Allocation
Bond Debt
Service
10,799,625 $1,352,000 - - 70,289 1,082,336 - $1,152,625 - - - 199,375 - $199,375 3 Bonds - Debt Service Bond
Reimbursement
Agreements
10/01/
2009
10/01/2039 2009 Lease
Revenue
Bond Debt
Service
15,556,519 $1,079,037 - - - 743,657 - $743,657 - - - 335,380 - $335,380 5 Administrative Cost
Allowance
Admin Costs 07/01/
2023
06/30/2024 Annual
Administrative
Cost
Allowance
250,000 $250,000 - - - - 125,000 $125,000 - - - - 125,000 $125,000 28 Investment Management
Fees
Fees 07/01/
2023
06/30/2024 Investment
Management
Fees
23,250 $1,500 - - - 750 - $750 - - - 750 - $750
29 Investment Account
Maintenance Fees
Fees 07/01/
2023
06/30/2024 Investment
Account
Maint Fee
1,050 $100 - - - 50 - $50 - - - 50 - $50
44 H&S Code, Section
34177.3 (b)- Contracts
necessary for property
disposition
Property
Dispositions
02/15/
2018
06/30/2024 Property
disposition
services -
brokerage
54,000 $- - - - - - $- - - - - - $-

Page 35 of 183 ends

Brentwood
Recognized Obligation Payment Schedule (ROPS 24-25) - Report of Cash Balances July 1, 2021 through June 30, 2022
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 21-22 Cash Balances
(07/01/21 - 06/30/22)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/21)
RPTTF amount should exclude "A" period distribution
amount.
75,000 285,768 1,600
2 Revenue/Income (Actual 06/30/22)
RPTTF amount should tie to the ROPS 21-22 total
distribution from the County Auditor-Controller
70,289 2,570,494
3 Expenditures for ROPS 21-22 Enforceable Obligations
(Actual 06/30/22)
21,000 69,680 2,644,514
4 Retention of Available Cash Balance (Actual 06/30/22) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
54,000
5 ROPS 21-22 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 21-22 PPA
form submitted to the CAC
No entry required (1,600)
6 Ending Actual Available Cash Balance (06/30/22)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $286,377 $(70,820)

Page 36 of 183 ends

Brentwood
Recognized Obligation Payment Schedule (ROPS 24-25) - Notes July 1, 2024 through June 30, 2025
Item # Notes/Comments
2 3
5 28
29 44

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CITY COUNCIL AGENDA ITEM NO. F.8
01/09/2024
SUBJECT: Consideration of the proposed list of Proclamations for 2024 and possible direction to staff on changes to the schedule.

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

TITLE/RECOMMENDATION
Approve the proposed list of Proclamations for 2024 and possible direction to staff on changes to the schedule.

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

BACKGROUND
Each year, there are a number of proclamations requested by the City Council, staff, and members of the public. In an effort to schedule the proclamations so that days, months, and weeks receive the appropriate recognition, staff felt it would be helpful for the City Council to review the attached schedule and provide feedback, if any to staff. Staff recommends that the proclamations be placed on the meeting prior to the day, week, or month they represent.

The current process for members of the public to request proclamations or other forms of recognition is memorialized in City Council/Administrative Policy 110-4 (Procedures for Ceremonial Documents).

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

Page 38 of 183 ends

CITY COUNCIL AGENDA ITEM NO. F.8
01/09/2024

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action (if applicable)

2. 2024 Proclamation List

3. Council/Administrative Policy 110-4 (Ceremonial Documents)

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On January 10, 2023, the City Council, by motion, approved the proposed list of Proclamations for 2023 and gave direction to staff on changes to the schedule.

On July 25, 2023, the City Council, by motion, approved the amendments to the 2023 Proclamations list to include recognition of select military holidays, as requested by the City Council with the addition of Vietnam Veteran’s Memorial Day which occurs on March 29th of each year.

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2024 PROCLAMATION LIST
Updated July 26, 2023
JANUARY 2024 DATES (dates subject to change
each year)
National Religious Freedom Day January 16, 2024
Martin Luther King, Jr. Day January 15, 2024
National Slavery/Human Trafficking
Prevention Day
January 11, 2024

FEBRUARY
Black History Month February 1st to March 1st
National Cancer Prevention Month February
American Heart Month February
MARCH
Red Cross Awareness Month March
Down Syndrome Awareness Month March 21, 2024
Autism Awareness Month March
Women’s Month March
Vietnam Veteran’s Memorial Day March 29th
APRIL
Arbor Day April 26, 2024
Diversity Month April 2024
National Library Week April 7 – 13, 2024
Arab Heritage Month April
MAY
National Day of Prayer First Thursday of May
Municipal Clerk’s Week May 5-11, 2024
Bike to Work Week May 13-19, 2024
Police Week May 12-18, 2024
National Public Works Week May 19-25, 2024
Jewish American Heritage Month May
Asian American and Pacific Islanders
Heritage Month
May
Older Americans Month May
Water Awareness Month May
Memorial Day/Armed Forces Week Last Monday in May/Third Saturday in May
JUNE
Pride Month June
National Safety Month June
Juneteenth June 19, 2024
JULY
Parks and Recreation Month July
August
Back to School Month August

SEPTEMBER
National Senior Center Month September
Childhood Cancer Awareness Month September
National Suicide Prevention Week September 8-14, 2024

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2024 PROCLAMATION LIST
Updated July 26, 2023
Patriots Day September 11, 2024
Hispanic Heritage Month September 15 – October 15, 2024 VFW Day September 29, 2024

OCTOBER
World Polio Day October 24, 2024
All Abilities Month October 24, 2024
Code Enforcement Appreciation Week 2
nd week of October
Indigenous Peoples’ Day October 14, 2024
Breast Cancer Awareness Month October
Filipino American Heritage Month October
Polish American Heritage Month October
October as Cybersecurity Awareness Month October

NOVEMBER
American Diabetes Month November
Pancreatic Cancer Awareness Month November
Veterans’ Day November 11, 2024
Small Business Saturday November 30, 2024
Native American Heritage Month November

DECEMBER
National Giving Month December

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Subject: Procedures for Ceremonial
Documents Policy No: 110-4 Date: May 26, 2022
Resolution No:
2022-65

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PURPOSE
The purpose of this policy is to establish guidelines for the issuance of ceremonial documents including proclamations and certificates of appreciation/recognition.

POLICY
A. Requests for Recognition Criteria:

The City of Brentwood will consider a request for a proclamation or certificate of appreciation/recognition from any group or individual, as long as the request has some type of local relevance and/or promotes activities taking place in the City of Brentwood. All requests are subject to approval by and prepared on behalf of the Mayor or the Mayor’s designee. The general criteria for the issuance of these types of recognition are:

1. Issues with widespread community interest or concern, with a primary emphasis on requests that are in support of City Council goals and objectives;

2. Recognition of a local, civic organization, group or individual achieving outstanding or significant accomplishments

3. Acknowledgment of significant events or celebrations.

B. Ceremonial Documents:

1. Certificates
Certificates of Appreciation/Recognition may be issued for the following (not an exhaustive list):
• Heroism
• Eagle Scout achievement
• School or sports groups achievements
• Non-profit corporations
• Retirements
• Individuals or groups who have made significant contributions to the community Information required: A summary of the achievement or an overview of the years of service or specific contribution to the community.

2. Proclamations – The City Council will adopt an annual calendar of proclamations each year.

Proclamations may be issued for the following (not an exhaustive list):
• Brentwood civic celebrations
• Brentwood organizations contributing to the economic development of the City • Issues with widespread Brentwood community interest with a primary emphasis on requests in support of City Council’s goals and objectives • Significant Brentwood community based events
• Significant anniversaries of City of Brentwood based institutions, corporations, community partners, and non-profit organizations
• Fundraisers benefiting the citizens of Brentwood
Information required: A brief history of the organization or a description of the purpose, goals, motto or theme of the event is required to complete the proclamation. If funds are to be raised, who will benefit from the event, and what will take place during the time of celebration/recognition, including dates and times.

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COUNCIL/ADMINISTRATIVE POLICY
Subject: Procedures for Ceremonial
Documents Policy No: 110-4 Date: DRAFT
Resolution No:
2022-65

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CITY OF BRENTWOOD
All proclamations considered by the Mayor and the City Manager’s Office will be placed on a City Council agenda. Routine proclamations will be placed on the Consent Calendar, and in the event a recipient is present, these items can be pulled from the Consent Calendar to allow the recipient a brief statement related to the proclamation. Proclamations requested by a City Council Member who would like to recognize a specific person or organization will be placed under Presentations.

When appropriate, the City’s social media channels may be used to inform the public of the proclamation.

C. Receiving Requests:

To start the ceremonial document process an individual or organization must first submit a written request. Written requests should be sent to the attention of the Mayor on the standard application. Requests received will be administered by the City Manager’s Office and the City Clerk Division and approved by the Mayor.

All requests must be received at least fifteen (15) business days prior to the event to the address listed on the Request for Ceremonial Documents Form.

All requests will go through an internal review and approval process. The Mayor and the City Manager’s Office reserves the right to determine the appropriateness and the type of document to be issued based on the information provided by the requesting individual and/or organization. Submission of a request, does not guarantee the issuance of a ceremonial document.

All requests must include the name and daytime phone number of the contact person.

Submitting a draft with your request of the document desired will expedite the process considerably.

Please specify whether the document should be mailed, held for pick-up, or presented at a special event or City Council meeting. Documents will be presented at special events pending the availability of the Mayor, his/her designee or other city officials to honor such requests.

Presentation at a specific City Council meeting must be approved in advance by the City Manager or his/her designee.

Only one ceremonial document will be issued per event.

D. Other Types of Presentations: The City will also, on occasion, issue other types of formal recognition, including plaques at special events, or a Key to the City as determined by the issuing official. The City Manager’s Office will be responsible for the coordination of these events.

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CITY COUNCIL AGENDA ITEM NO. G.1
01/09/2024
SUBJECT: Zoning text amendment, conditional use permit, and design review for the Shepherd’s Gate cottage addition.

DEPARTMENT: Community Development Department
STAFF: Alexis Morris, Director of Community Development Miguel Contreras, Associate Planner

TITLE/RECOMMENDATION
An application for a Zoning Text Amendment (RZ 23-001) to amend subsection

The Planning Commission recommends that the City Council (1) adopt an ordinance approving RZ 23-001, to amend the PD-45 zoning text, specifically subsection

17.495.005 “Other Regulations” to allow, through a Conditional Use Permit, an increase to the number of residents an existing residential group home can accommodate and add a new conditionally permitted use to subsection 17.495.003 that reflects the previously mentioned allowance; (2) adopt a resolution approving CUP 23-001, which requests approval of 15 additional residents to an existing residential group home; and (3) adopt a resolution approving DR 23-001, which requests approval of a 2,877 square foot addition, consisting of three dwelling units (cottages), a communal pantry, laundry facility, and associated site improvements to an existing residential group home.

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CITY COUNCIL AGENDA ITEM NO. G.1
01/09/2024
The proposed project is further exempt from CEQA as it qualifies as a Class 3 categorical exemption under Guidelines Section 15303(b), as the project consists of the construction of a small multi-family residential structure totaling no more than six dwelling units within an urbanized area.

FISCAL IMPACT
The project proponent, Shepherd’s Gate, has paid a total of $12,375 to process the application. These fees fully cover staff’s time spent processing the application.

BACKGROUND
Shepherd’s Gate is a 501(c)(3) public charity that offers a temporary residential program for women and children who are battling homelessness, addiction, and domestic violence. Their 12-16 month program is unique in its combination of residential uses and services, which include assistance combatting substance abuse, financial and legal matters, family reunification, education, and parenting. Housing and all services are offered free of charge to participants, who take part in the facility’s “Christ-centered recovery program.” Shepherd’s Gate has operated its existing facility at this location since 2006, and is now requesting approval of three separate entitlements that, if approved, would culminate in an increase of the number of residents that the program can accommodate and the construction of three new attached dwelling units with associated site improvements.

Specifically, the applicant is requesting approval of a Zoning Text Amendment (RZ 23-001) that proposes to amend BMC subsection 17.495.005(F), “Other Regulations”, to allow an increase, through the approval of a Conditional Use Permit, to the number of temporary residents Shepherd’s Gate can accommodate.

In addition, the applicant is requesting approval of a Conditional Use Permit (CUP 23- 001) to accommodate 15 additional residents, bringing the total number of residents to a maximum of 33. This approval would be contingent on approval of the zoning text amendment detailed above.

Lastly, the applicant is requesting approval of a Design Review (DR 23-001) that would facilitate improvements to the existing facility involving a 2,877 square foot addition. The addition would consist of three attached dwelling units (cottages), a communal pantry, and communal laundry room. Associated site improvements would include the reconfiguration of the parking area and the addition of three

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CITY COUNCIL AGENDA ITEM NO. G.1
01/09/2024
parking spaces, a new walkway, additional landscaping, and a new solid waste enclosure.

A detailed analysis of the project is included as part of the November 7, 2023, Planning Commission staff report, which is attached for the City Council’s review and reference.

Planning Commission Meeting of November 7, 2023
On November 7, 2023, the Planning Commission held a public hearing to consider the project. At least 10 days prior to the public hearing, the project applicant erected a sign along the Sycamore Avenue frontage advertising the upcoming public hearing.

Staff also published a notice of public hearing for the project in the Brentwood Press and mailed it to all property owners within 300 feet of the site, as required by law.

The City did not receive any public comments regarding this project prior to the Planning Commission hearing.

After staff’s presentation of the project, the Commission opened the hearing and took testimony from the applicant, represented by Carol Patterson, CEO of Shepherd’s Gate. Ms. Patterson explained that the request to accommodate more than 18 residents is due to the consistent need of housing for individuals and families who graduate from the Shepherd’s Gate program but have no safe place to go. The three new cottage units would house up to three families and would allow program alumni to have a safe place to live for six to nine months while they secure permanent housing. The cottages are rent free and the criteria for obtaining one is that the program graduate must be working or going to school.

During the remainder of the public hearing, there were eight people who submitted comment cards and two who spoke at the podium to express support for the project.

There were also two comments provided through Zoom, one in support and one opposed, with concerns regarding the operational characteristics and the use itself being allowed in the PD-45 zoning district.

After closing the public hearing, the Planning Commission clarified that the use itself is compatible with the zoning since it is a permitted use within the PD-45 zoning district. The Commission noted that approval of the three proposed units would not conflict with the PD-45 zoning district since that zoning district (as noted in BMC Section 17.495.003) allows, through a conditional use permit, those conditionally permitted uses under the R-1 zone (Section 17.130.003 ). The list of conditionally permitted uses in the R-1 zone include multi-family style housing, consisting of subdivisions having patio houses, row houses, apartments and similar housing

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CITY COUNCIL AGENDA ITEM NO. G.1
01/09/2024
developments provided that (1) the entire parcel or group of parcels is master planned and (2) any increases in density are offset by lessor density or greater lot sizes within the development. The proposed project, if the CUP were to be approved by the Council, would be in compliance with the referenced section of the BMC since it is part of a master plan (PD-45) and is located on a 1.5-acre parcel, which would amount to a density of 2.66 dwelling units per acre (4 units / 1.5-acres).

During deliberation, the Commission questioned the proposed amended language for the PD-45 zoning text (existing text to be deleted shown in strikethrough format and new text to be added shown in underline format):

A residential group home for women and children individuals who are in need of housing and related services shall be provided on parcel “C” of TSM 8534.

The home shall accommodate and be a full-time residence for up to eighteen women and children. with a size and occupancy to be approved through a Conditional Use Permit, if more than 18 individuals. The home shall include approximately nine residential bedrooms/units, staff offices and overnight accommodations, counseling rooms, and family areas. The home shall be operated primarily as a battered women’s shelter and is operated for the benefit of Brentwood residents and their children.

The reason for the Commission’s concern was amending the zoning text by removing “women and children” and replacing it with “individuals” and any unintended consequences to the surrounding community that may occur. The Planning Commission’s specific questions and the responses provided at the meeting are listed below:

1. Would Shepherd’s Gate allow residents other than women and children? During the public hearing, the applicant clarified that the applicant does not intend to allow residents other than women and children. Shepherd’s Gate’s long standing mission statement is to serve only those two groups. As discussed below, the proposed conditional use permit includes a condition requiring substantial conformance to this project description.

2. Who is requesting that the text be modified to remove women and children – the City or the applicant?
During the public hearing, there were questions raised as to who initiated the proposed amendment to the zoning text. Typically, when a zoning text amendment is submitted, it is the applicant who proposes the amended

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CITY COUNCIL AGENDA ITEM NO. G.1
01/09/2024
language. In this case, after reviewing the application that was submitted to develop the three new cottage units, staff determined that a zoning text amendment would be needed to accommodate them. As a result, the applicant submitted proposed language to include in the text amendment, which was then modified slightly by staff to ensure that it was in compliance with state law and was not exclusionary as to gender.

Staff clarified that under a variety of housing laws, including the Fair Employment and Housing Act (FEHA), the City is not in a position to codify language that would discriminate on basis of sex or gender. For example, that portion of FEHA found at Government Code Section 12955(l) provides, in pertinent part:

It shall be unlawful … to discriminate through public or private land use practices, decisions, and authorizations because of … sex [or] gender… Discrimination includes, but is not limited to, restrictive covenants, zoning laws, denials of use permits, and other actions authorized under the Planning and Zoning Law ... that make housing opportunities available.

It is important to clarify that the addition of inclusionary language as part of the zoning text amendment does not mean that Shepherd’s Gate has to change its mission statement or serve others that are not women or children; and Shepherd’s Gate has not expressed an interest in doing so. As a private entity, it can choose to continue serving only women and children, and in fact, the project description only seeks an increase to the number of women and children that the home can serve.

As recommended by the Planning Commission, the project is conditioned (Condition of Approval #3 of the CUP resolution) in a manner such that Shepherd’s Gate (or any other entity) must operate in substantial conformance with the proposed project description. The proposed project description stipulates that this request, and therefore any approval, will be for an increase specifically in the number of women and children that can reside on the site.

Whether or not such a condition would ultimately be enforceable, given the anti-discrimination laws noted above, is subject to question, but represents a best effort to require the applicant adhere to its proposed project description.

3. What would happen if another entity bought the property or if Shepherd’s Gate’s mission statement changes over time to serve other than women and

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CITY COUNCIL AGENDA ITEM NO. G.1
01/09/2024
children (i.e. would Shepherd’s Gate be able to house residents other than women and children)?
Conditionally permitted uses are tied to the land and are not limited to the property owner who initiated the use. There is no lawful way to condition the project such that an approved CUP would expire upon transfer of the land to a new property owner. (See, for example, Anza Parking Corp. v. City of Burlingame (1987) 195 Cal.App.3d 855, 860, where the California Court of Appeal held that “… a conditional use permit may not lawfully (and perhaps may not constitutionally…) be conditioned upon the permittee having no right to transfer it with the land. Such a condition, if imposed, is beyond the power of the zoning authority, and void.”) However, if there is a violation of any of the conditions set forth by the approval of a conditional use permit, then the City can review the conditional use permit and take action on it.

With this in mind, the Planning Commission, in the interest of ensuring continued compatibility with the established neighborhood, further recommended that the project be conditioned as follows:
#11. In the event the Permittee desires to substantially change the project description, dated ‘Received January 12, 2023,’ or transfer title of the property to another individual or entity, Permittee shall provide 30 days’ prior written notice to the Director of Community Development.

This condition would give the City the ability to preemptively review any changes to the operational characteristics of the project and seek to ensure that the project remains in substantial compliance with all aspects of the subject conditional use permit.

4. What regulatory mechanisms would be at the City’s disposal in order to preserve the current and proposed operational characteristics? By their nature, all conditional use permits are “conditional” and the permittee’s failure to comply with the conditions may lead to revocation or modification of the permit, following a noticed public hearing. Under state law, the City has the ability to impose additional or amended conditions on a conditional use permit if the operation of the business is determined to be detrimental to the public health, safety, or welfare. (See Garavatti v. Fairfax Planning Commission (1971) 22 Cal.App.3d 145, 151.) If it appeared that the permittee was not abiding by the conditions of approval imposed through this

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CITY COUNCIL AGENDA ITEM NO. G.1
01/09/2024
use permit, or if the operation of the facility was detrimental to the public health, safety, or welfare, the permit could be called for consideration of modification or revocation.

With an eye to ensuring the Shepherd’s Gate project is operated as represented by the applicant, staff and the Planning Commission included a number of conditions of approval and carefully considered the proposed zoning language. In addition to condition #11 noted above, the Commission modified the language of the proposed zoning text amendment to provide as follows (changes in italics):

17.495.004 (J). Maximum number of dwelling units: One hundred eighty-one, plus a residential group home for up to eighteen women and children as a permitted use, with the potential for additional residents in said group home upon approval of a conditional use permit. (Ord. 961 § 2, 2016; Ord. 857 § 2, 2008)

17.495.005 (F). A residential group home for women and children individuals persons who are in need of housing and related services shall be provided on parcel “C” of TSM 8534. The home shall accommodate and be a full-time residence for up to eighteen women and children. with a size and occupancy to be approved through a Conditional Use Permit, if more than 18 individuals persons. The home shall include approximately nine residential bedrooms/units, staff offices and overnight accommodations, counseling rooms, and family areas. The home shall be operated primarily as a battered women’s shelter and is operated for the benefit of Brentwood residents and their children. (Ord. 857 § 2, 2008)
After deliberation, the Commission unanimously adopted (4-0, Commissioner Brand absent) Resolution No. 23-035 (as modified) to recommend that the City Council approve RZ 23-001. The Commission then unanimously adopted (4-0, Commissioner Brand absent) Resolution No. 23-036 (as conditioned) recommending that the City Council approve CUP 23-001. Finally, the Commission unanimously adopted (4-0, Commissioner Brand absent) Resolution No. 23-037, recommending that the Council approve DR 23-001.

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

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CITY COUNCIL AGENDA ITEM NO. G.1
01/09/2024

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

DATE OF NOTICE
The City of Brentwood published a public hearing notice in the Brentwood Press and mailed it to all property owners within 300 feet of the site on December 29, 2023.

The applicant also posted the project site with the required signage.

ENVIRONMENTAL DETERMINATION
The proposed project qualifies as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA) Guidelines Section 15301(e)(2), as it will be an addition to an existing facility in which the 2,877 square foot addition will not result in an increase of more than 50 percent of the floor area of the 7,421 square foot existing structure.

The proposed project is further exempt from CEQA as it qualifies as a Class 3 categorical exemption under Guidelines Section 15303(b), as the project consists of the construction of a small multi-family residential structure totaling no more than six dwelling units within an urbanized area.

ATTACHMENT(S)

1. Previous Action

2. CC Ordinance for RZ 23-001

3. CC Resolution for CUP 23-001

4. CC Resolution for DR 23-001

5. Planning Commission Staff Report

6. Shepherd’s Gate Project Description

7. Shepherd’s Gate, Full Plan Set

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

On August 12, 2003, the City Council adopted an amendment to the PD-45 Zone to establish development standards for a 54.69-acre site, a Tentative Subdivision Map to subdivide the site into 177 single-family residential lots and 4 remainder parcels, including a 3.35-acre park and a 1.5 acre site for a residential group home, and a design review for 8 models of single-family houses, with three variations of each, landscaping plans, fencing plans, and related improvements.

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CITY COUNCIL ORDINANCE NO. 2023-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD ADOPTING A ZONING TEXT AMENDMENT (RZ23-
001) TO AMEND CHAPTER 17.495 (PD-45).

WHEREAS, Shepherd’s Gate (the “Applicant”) has submitted an application (RZ 23-001) to amend the zoning text of Planned Development 45 (PD-45) to include an additional conditional use to section 17.495.003 and to modify the language of

17.495.005, “Other Regulations” to allow for an increase to the number of residents an existing residential group home can accommodate on parcel “C” of TSM 8534; and WHEREAS, Applicant has likewise submitted an application for a conditional use permit (CUP 23-001), and an application for design review (DR 23-001); and WHEREAS, collectively, RZ 23-001, CUP 23-001 and DR 23-001 constitute the “Project”; and
WHEREAS, the City referred the Project to various departments and agencies for review and recommendations; and
WHEREAS, the proposed project qualifies as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA) Guidelines Section 15301(e)(2), as it would constitute a 2,877 square foot addition to a 7,421 square foot existing structure and thus will not result in an increase of more than 50 percent of the floor area of the existing structure; and
WHEREAS, the proposed project is further exempt from CEQA as it qualifies as a Class 3 categorical exemption under Guidelines Section 15303(b) as the project consists of the construction of a small multi-family residential addition totaling no more than six dwelling units within an urbanized area; and WHEREAS, the Planning Commission considered the Project at its regular meeting of November 7, 2023, and considered the staff report, all accompanying information, and testimony received from the Applicant and other interested parties; and
WHEREAS, the Planning Commission unanimously voted to recommend that City Council adopt the Project as conditioned; and
WHEREAS, the City of Brentwood published a public hearing notice in the Brentwood Press and mailed it to all property owners within 300 feet of the site on December 29, 2023, and the Applicant also posted the project site with the required signage in accordance with City polices and Government Code Section 65090; and WHEREAS, at a public hearing held on January 9, 2024, the City Council introduced and waived the first reading of this Ordinance.

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

A. Hereby finds that:

1. With respect to the California Environmental Quality Act, the proposed project qualifies as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA) Guidelines Section 15301(e)(2), as it would constitute a 2,877 square foot addition to a 7,421 square foot existing structure and thus will not result in an increase of more than 50 percent of the floor area of the existing structure.

2. With respect to the zoning text amendment, in accordance with Brentwood Municipal Code Section 17.870.008:

No rezoning of property or text amendment shall occur which is inconsistent with the city’s community development plan. In making a decision, the planning commission and council shall consider the consistency of the proposed action to the community development plan and other applicable city plans, and shall consider whether the proposed action is inappropriate or otherwise contrary to the public interest.

The project, in its entirety, complies with the General Plan Land Use Element in that the proposed expansion would occur in a logical and orderly manner, focusing growth on infill locations (Policy LU 1-4) that is contiguous to existing development (Policy LU 1-5) and has access to urban services. The project would not be inappropriate or contrary to the public interest as the residential facility would continue to respect the surrounding single-family residential homes as this expansion would happen at the furthest possible point from the surrounding homes (Policy LU 2-2). The development’s layout is clustered in a way that leaves a large open space, which acts as a buffer from the surrounding single-family homes, that is used for recreation and gardening (Policy LU 2-3). Lastly, the proposed project would maintain the character of the existing neighborhood by proposing a compatible development in terms of style, size, color, and footprint that is typical for the established neighborhood (Policy LU 6-2).

B. Hereby approves Zoning Text Amendment RZ 23-001, as reflected in Exhibit “A” attached to this resolution.

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THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the City Council of the City of Brentwood on the 9th day of January 2024 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED
Joel R. Bryant
Mayor
ATTEST:

Margaret Wimberly, MMC
City Clerk

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EXHIBIT “A” TO
CITY COUNCIL ORDINANCE NO. 23-XXX
APPLICATION RZ 23-001
(Existing text to be deleted is in a strike through format and proposed text to be added is underlined)
CHAPTER 17.495 PD-45 (PLANNED DEVELOPMENT FORTY-FIVE) ZONE

17.495.001 AUTHORITY, PURPOSE AND INTENT.

The authority, purpose and intent for the adoption of the PD-45 (planned development forty-five) zone are as follows:

A. Authority. The PD-45 zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones—General Regulations, of the Brentwood Municipal Code.

B. Purpose. The purpose of the PD-45 zone is to permit and regulate the orderly development of 54.69 acres located north side of Sycamore Avenue, on either side of the future Garin Parkway extension, with low density residential uses in accordance with the Brentwood general plan, for a maximum of one hundred eighty-one lots and five remainder parcels, including two parks, a trail, a residential group home, and an existing gas well.

C. Intent. The intent of creating the PD-45 zone is to ensure the coordinated development of the entire property in order to minimize impacts on adjacent areas, while providing for needed housing. The boundary of the PD-45 zoning district is as shown on the map in Section

17.495.006. (Ord. 961 § 2, 2016; Ord. 857 § 2, 2008)

17.495.002 PERMITTED USES.

The following uses are permitted in the PD-45 zone:

A. Single-family dwelling units not exceeding a density of 3.3 units per gross acre for a maximum of one hundred eighty-one units; B. Parks, playgrounds, and recreational trails;
C. Those uses permitted under the R-1 zone, Section 17.130.002 of the zoning ordinance;
D. A residential group home on parcel “C” of TSM 8534 for up to

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eighteen women and children;
E. An existing gas well site on parcel “D” of TSM 8534, to be developed at a future date with single-family residential uses when the well is abandoned. (Ord. 961 § 2, 2016; Ord. 857 § 2, 2008)

17.495.003 CONDITIONALLY PERMITTED USES.

The following uses are conditionally permitted in the PD-45 zone:

A. Those uses conditionally permitted under the R-1 zone, Section

17.130.003 of the zoning ordinance. (Ord. 857 § 2, 2008) B. An increase to the number of residents permitted by Section

17.495.002.D at a group home on parcel “C” of TSM 8534.

17.495.004 REGULATIONS FOR LOT AREA, DENSITY, YARDS, HEIGHT AND RELATED MATTERS.

All permitted and conditionally permitted uses developed within the PD-45 zone shall comply with the following regulations:

A. Minimum lot area: Seven thousand square feet.

B. Minimum lot width: Sixty-five feet at the mid-point.

C. Minimum lot depth: Eighty-five feet.

D. Minimum lot frontage: Twenty-four feet.

E. Minimum front yard setback: Twenty feet for front-loading garages, with a five-foot architectural encroachment; fifteen feet for sideloading garages, with a five-foot architectural encroachment.

F. Minimum side yard setback: Five feet, with an aggregate of fifteen feet; except that corner lots on the street side shall maintain a minimum side yard setback of ten feet.

G. Minimum rear yard setback: Twenty feet.

H. Maximum building height: Two stories and thirty feet.

I. Maximum lot coverage: Forty percent for two-story homes and fortyfive percent for single-story homes.

J. Maximum number of dwelling units: One hundred eighty-one, plus a residential group home for up to eighteen women and children as a permitted use, with the potential for additional residents in said group

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home upon approval of a conditional use permit. (Ord. 961 § 2, 2016; Ord. 857 § 2, 2008)

17.495.005 OTHER REGULATIONS.

A. Design and site development review shall be required for all housing units pursuant to Sections 17.100.003 and 17.100.004(H).

B. Off-street parking shall be provided pursuant to Chapter 17.620 and Section 17.100.004(H).

C. The parking and storage of boats, trailers and similar vehicles and equipment shall be subject to the provisions of Section

17.620.016.

D. Accessory buildings and structures shall be permitted pursuant to the provisions of Chapter 17.660.

E. Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660, with the exception that no feature may project into the minimum front yard setback.

F. A residential group home for women and children persons who are in need of housing and related services shall be provided on parcel “C” of TSM 8534. The home shall accommodate and be a full-time residence for up to eighteen women and children. with a size and occupancy to be approved through a Conditional Use Permit, if more than 18 persons. The home shall include approximately nine residential bedrooms/units, staff offices and overnight accommodations, counseling rooms, and family areas. The home shall be operated primarily as a battered women’s shelter and is operated for the benefit of Brentwood residents and their children. (Ord. 857 § 2, 2008)

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17.495.006 MAP FOR PD-45.

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CITY COUNCIL RESOLUTION NO. 2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING A CONDITIONAL USE PERMIT (CUP
23-001) TO ALLOW FOR AN INCREASE OF FIFTEEN ADDITIONAL

RESIDENTS, FROM EIGHTEEN PERMITTED RESIDENTS TO
THIRTY-THREE, THAT THE SHEPHERD’S GATE RESIDENTIAL
GROUP HOME CAN ACCOMMODATE, LOCATED AT 605 SYCAMORE
AVENUE (APN 016-310-076).

WHEREAS, Shepherd’s Gate (the “Applicant”) has submitted an application to the City of Brentwood requesting approval of a conditional use permit (CUP 23-001) to allow for an increase of fifteen additional residents, from eighteen permitted residents to thirty-three; that an existing residential group home can accommodate; and
WHEREAS, Applicant has likewise submitted an application for a zoning text amendment (RZ 23-001), and an application for design review (DR 23-001); and WHEREAS, collectively, RZ 23-001, CUP 23-001 and DR 23-001 constitute the “Project”; and
WHEREAS, the City referred the Project to various departments and agencies for review and recommendations; and
WHEREAS, the City of Brentwood published a public hearing notice in the Brentwood Press and mailed it to all property owners within 300 feet of the site on October 27, 2023, and the Applicant also posted the project site with the required signage in accordance with City polices and Government Code Section 65090; and WHEREAS, the proposed project qualifies as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA) Guidelines Section 15301(e)(2) as it would constitute a 2,877 square foot addition to a 7,421 square foot existing structure and thus will not result in an increase of more than 50 percent of the floor area of the existing structure; and
WHEREAS, the proposed project is further exempt from CEQA as it qualifies as a Class 3 categorical exemption under Guidelines Section 15303(b) as the project consists of the construction of a small multi-family residential addition totaling no more than six dwelling units within an urbanized area; and WHEREAS, conditional use permit CUP 23-001 is contingent on the approval of zoning text amendment application RZ 23-001; and
WHEREAS, the Planning Commission considered the Project at its regular meeting of November 7, 2023, and considered the staff report, all accompanying information, and testimony received from the Applicant and other interested parties; and

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WHEREAS; with one absence, the Planning Commission unanimously voted to recommend that the City Council approve the Project; and WHEREAS, the City of Brentwood published a public hearing notice in the Brentwood Press and mailed it to all property owners within 300 feet of the site on December 29, 2023, and the Applicant also posted the project site with the required signage in accordance with City polices and Government Code Section 65090; and WHEREAS, the City Council considered the Project at its regular meeting of January 9, 2024, and considered the staff report, all accompanying information, and testimony received from the Applicant and other interested parties.

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

Additionally, the proposed project is further exempt from CEQA as it qualifies as a Class 3 categorical exemption under Guidelines Section 15303(b) as the project consists of the construction of a small multifamily residential addition totaling no more than six dwelling units within an urbanized area.
ii. With respect to the conditional use permit findings required pursuant to Brentwood Municipal Code Section 17.830.005:
a. The location, size, design and operating characteristics of the proposed development must be compatible with and must not adversely affect the livability of appropriate development of abutting properties and the surrounding neighborhood. Consideration shall be given, but shall not be limited to:

1. Harmony in scale, bulk, coverage and density;
The proposed units are compatible with the scale, bulk coverage, and density of the existing land uses on surrounding sites, given that the proposed three units are housed in a one-story, 16 1/2- foot tall building, which is proposed to be of the same architecture design and materials as the existing facility.

Additionally, the proposed three units and the existing single family residence would have a density of 2.66 dwelling

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units/acre, which is within the allowed density of the Low Density Residential land use designation applicable to the project site (1.1-5.0 dwelling units/acre).

2. The availability of public facilities and utilities; The site is served by the appropriate public facilities and utilities including water, sewer, refuse, and electricity.

3. The harmful effect, if any, upon desirable neighborhood character or the planned specialization of retail, commercial or community service areas;
The Project would not have a harmful effect, upon the
neighborhood character given that this would be a small expansion to an existing residential group home which has been in operation since 2006. Additionally, the proposed architecture is of high-quality materials and designed to fit in with the existing home and the overall neighborhood. .

4. Generation of traffic and the capacity of surrounding streets; The proposed project would not generate a significant amount of traffic or impact the capacity of the surrounding streets given that the proposal would not require an increase to Shepherd’s Gate staff and the additional residents would only increase traffic by three new vehicles since the majority of the new residents would be children.

5. Other relevant impacts of the development; and
The location, size, design, and operating characteristics for the proposed project are the same as envisioned for the overall purpose and intent of the PD-45 zone and all new construction would be situated on the portion of the lot that is furthest from the surrounding residential uses.

6. The criteria set forth in Chapter 17.820 for design and site criteria and conditional use permit criteria, if applicable.

The Project would be in compliance with Chapter 17.820, as documented in Planning Commission Resolution No. 23-037, analyzing the design review (DR 23-001) application that was submitted as part of this project. Said findings are incorporated herein as if stated here in full.
b. The location, design, landscaping and screening, and overall site planning of the proposed development will provide an attractive,

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useful and convenient living, working, shopping or community service area.

The proposed location, design, landscaping and screening and overall site planning is well thought out to provide an attractive, useful and convenient living area given that all new construction would be situated as far away as possible from the existing residential uses, the design of the new building is of compatible scale and architecture to the surrounding homes and the proposed use would not generate any significant impacts.

B. Hereby approves this conditional use permit (CUP 23-001), subject to the above findings and the conditions set forth in Exhibit “A” attached to and incorporated into this resolution.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 9th day of January, 2024, by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED
Joel R. Bryant
Mayor
ATTEST:

Margaret Wimberly, MMC
City Clerk

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EXHIBIT "A" TO
CITY COUNCIL RESOLUTION NO. 23-XXX

CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT NO. 23-001

1. The Permittee, including all successors in interest (collectively “Permittee”) shall comply with each and every condition set forth in this Permit.

Conditional Use Permit No. 23-001 (“Permit”) shall have no force or effect and no building permit shall be issued unless and until all things required by the below-enumerated precedent conditions have been performed or caused to be performed.

2. This conditional use permit shall only be effective upon the effective date of RZ 23-001.

3. The proposed project shall be operated in substantial conformance with the project description, dated “Received January 12, 2023” unless otherwise amended by the Planning Commission or the conditions of approval contained herein. Minor changes to plans and operation may be allowed subject to the approval of the Community Development Director if found to be in substantial conformance with the approved exhibits.

4. All applicable Standard Conditions of Approval for Residential Projects, dated May 2005, are hereby incorporated by reference and shall be complied with, unless modified by any of the conditions below.

5. This conditional use permit shall authorize the Shepherd’s Gate residential group home to accommodate no more than 33 residents at any given time.

6. Permittee shall maintain the area surrounding the facility in a clean and orderly manner at all times. Permittee be responsible for and shall monitor the area outside the facility.

7. In the event that nuisances are created, the Community Development Director may refer the conditional use permit to the Planning Commission for review at a public hearing. If necessary, the Planning Commission may add additional conditions of approval or may revoke the conditional use permit.

8. If operation of this use results in conflicts pertaining to noise, traffic, or other impacts, at the discretion of the Community Development Director, this conditional use permit may be referred to the Planning Commission for subsequent review at a public hearing. If necessary, the Commission may modify or add conditions of approval to mitigate such impacts, or may revoke said conditional use permit.

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9. The Permittee will indemnify, defend with counsel of the City’s reasonable choosing, and hold harmless City and its City Council, its boards and commissions, officials, officers, employees, and agents (the “Indemnified Parties”) from and against any third party claim, action, or proceeding against City and/or the Indemnified Parties to attack, review, set aside, void, or annul the City’s approval of the project approved herein, including adoption of this Permit, and any environmental determination made with regard thereto. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, reasonable attorneys' fees, and other reasonable expenses incurred in connection with such claim, action, causes of action, suit or proceeding. The Permittee shall pay to the City upon demand or, as applicable, on a monthly basis to counsel of City’s reasonable choosing, amounts owed pursuant to the indemnification requirements prescribed in this condition. City shall promptly notify the Permittee of any claim, action, or proceeding and shall engage in reasonable efforts to cooperate in the defense.

10.The Planning Commission shall have jurisdiction to hear any proposed amendments to or revocation of this conditional use permit.

11.In the event the Permittee desires to substantially change the project description, dated ‘Received January 12, 2023,’ or transfer title of the property to another individual or entity, Permittee shall provide 30 days’ prior written notice to the Director of Community Development.

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CITY COUNCIL RESOLUTION NO. 2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING A DESIGN REVIEW APPLICATION (DR
23-001) TO CONSTRUCT THREE ADDITIONAL RESIDENTIAL

UNITS AND RELATED SITE IMPROVEMENTS TO AN EXISTING
RESIDENTIAL GROUP HOME KNOWN AS SHEPHERD’S GATE
LOCATED AT 605 SYCAMORE AVENUE (APN 016-310-076).

WHEREAS, Shepherd’s Gate (the “Applicant”) has submitted a Design Review application, DR 23-001, which requests approval of a 2,877 square foot addition to the existing Shepherd’s Gate facility. This would include three 702 square foot, twobedroom dwelling units (cottages), and 771 square feet of communal space which includes a pantry, laundry room and breezeway that attaches the new development to the existing facility. Site improvements would include the addition of three parking stalls, 855 square feet of paved walkway, an 115 square foot trash enclosure, a 6- foot tall “good neighbor” wood fence, and additional landscaping; and WHEREAS, collectively, RZ 23-001, CUP 23-001 and DR 23-001 constitute the “Project”; and
WHEREAS, the City referred the Project to various departments and agencies for review and recommendations; and
WHEREAS, the City of Brentwood published a public hearing notice in the Brentwood Press and mailed it to all property owners within 300 feet of the site on October 27, 2023, and the Applicant also posted the project site with the required signage in accordance with City polices and Government Code Section 65090; and.

WHEREAS, the proposed project qualifies as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA) Guidelines Section 15301(e)(2) as it will be an addition to an existing facility in where the 2,877 square foot addition will not result in an increase of more than 50 percent of the floor area of the 7,421 square foot existing structure; and
WHEREAS, the proposed project is further exempt from CEQA as it as it qualifies as a Class 3 categorical exemption under Guidelines Section 15303(b) as the project consists of the construction of a small multi-family residential structure totaling no more than six dwelling units within an urbanized area; and WHEREAS, the Planning Commission considered the Project at its regular meeting of November 7, 2023, and considered the staff report, all accompanying information, and testimony received from the Applicant and other interested parties.

WHEREAS; with one absence, the Planning Commission unanimously voted to recommend that the City Council approve the Project; and

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WHEREAS, the City of Brentwood published a public hearing notice in the Brentwood Press and mailed it to all property owners within 300 feet of the site on December 29, 2023, and the Applicant also posted the project site with the required signage in accordance with City polices and Government Code Section 65090; and WHEREAS, the City Council considered the Project at its regular meeting of January 9, 2024, and considered the staff report, all accompanying information, and testimony received from the Applicant and other interested parties.

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

A. Hereby finds that:
i. With respect to the California Environmental Quality Act, the proposed project qualifies as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA) Guidelines Section 15301(e)(2) as it would constitute a 2,877 square foot addition to an existing 7,421 square foot structure and will not result in an increase of more than 50 percent of the floor area of the existing structure
Additionally, the proposed project is further exempt from CEQA as it qualifies as a Class 3 categorical exemption under Guidelines Section 15303(b) as the project consists of the construction of a small multi-family residential addition totaling no more than six dwelling units within an urbanized area ii. With respect to the Design Review findings under Section 17.820.007 of the Brentwood Municipal Code:
a. The proposed development shall create a well-composed urban design, harmoniously related to other facilities in the immediate area and to the total setting as seen from key vantage points in the community.

The proposed development would create a well composed urban design and would be harmoniously related to the other facilities in the immediate area given that the proposed development would be of the same architecture style and built with the same materials as the existing single family residence, which was approved at the same time as all other residential development in the immediate area.
b. Elements of design which have significant relationship to the exterior appearance of structures and facilities shall be given special consideration; these elements include but are not limited to height, arrangement on the site, texture, lighting, material, color, signs, landscaping, size, bulk and scale, and appurtenances.

Special consideration was given to the proposed building in that it would look like a structure typically found in a residential neighborhood. The

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building is one story and 16 1/2 feet tall, which is similar to what an ADU would look like. The materials and architecture are exactly like the main dwelling and therefore this new structure would have the appearance of a typical accessory structure in a single family residential area. c. The proposed development shall be of a quality and character appropriate to, and serving to protect the value of, private and public investments in the immediate area.

As mentioned above, the proposed project is of like character and architecture as the surrounding area. Additionally, the proposed project was intentionally built as far away as possible from the existing single family residential lots in order to not cause interference in the day-today activities of the neighbors and to reduce potential conflicts. d. Where the proposed development is located in an area for which a specific plan, planned development, neighborhood plan or precise plan has been adopted by the City Council, the design of the development shall conform in all significant respects with such plans.

The project site is within the Planned Development No. 45 (PD-45) zoning district. The proposed addition adhere to the purpose and intent of the zone as the purpose of PD-45 is to permit and regulate the orderly development of the 54.69 acres, which includes a residential group home. In addition, the stated intent for PD-45 is to ensure the coordinated development of the entire property in order to minimize impacts on adjacent areas, while providing for needed housing. The proposed project, as conditioned, would be in conformance with the physical development standards of the PD-45 zoning district. e. The proposed development shall conform with all requirements for landscaping, screening, parking, usable open space and off-street loading as set forth in this tittle.

The project proposes ample vegetation to provide screening for the new structure and parking areas. Additionally the project proposes a 6-foot tall “good neighbor” fence to further screen the proposed structure. f. The site development criteria set forth in Section 17.820.008.

1. The siting and internal arrangement of all structures and other facilities on the site, including the land uses, internal circulation, off-street parking and loading facilities, lighting, signing and access to and from public rights-of-way, shall be conductive to an orderly, attractive, efficient and harmonious development.

The project has been routed to all applicable departments to ensure an orderly, attractive, efficient and harmonious

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development. The project internal arrangement would be
conductive to an orderly development as no changes are
proposed to the ingress/egress of the site, there is sufficient parking, all lighting is that typical of residential areas, there is no signage proposes, and the proposed building is of a design that is typically found within a residential development.

Additionally, the proposed project includes all required parking (13 spaces), with 10 spaces meeting the standard dimensions (9’x20’) and three meeting the compact dimensions (8’x16’), as allowed by Municipal Code Section 17.620.021.(D)

2. The proposed development shall not have adverse
environmental effect of adjacent developments, existing or potential, by reason of conflicts in land use, topography or traffic.

The project has been vetted by multiple departments and has been found to have found no existing or potential adverse effect to the environment by reason of land use, topography or traffic impacts. Given that the proposed use is one that was
contemplated as an allowed use within the PD-45 zoning district, the topography is relatively flat and no traffic impacts are foreseen with the addition of three residential units.
g. The City of Brentwood Design Guidelines and any other applicable specific design criteria or standards set out in this title or other city ordinances.

The project adheres to the City’s Residential Design Guidelines, in that the project integrates new development into the surrounding city fabric, the proposed building retains the architectural integrity of the original development, there is substantial shrubbery proposed, and the building uses quality materials and craftsmanship. Additionally, the project further complies with Design Guidelines in that the proposal respects adjacent neighbors by keeping new development as far away as possible form their properties.
h. All applicable regulations of the zoning ordinance and other city ordinances, policies or resolutions.

The proposed development is consistent with all applicable regulations of the zoning ordinance and other City ordinances, policies or resolutions.

The project is conditioned to meet all applicable Building, Engineering, and Public Works codes and regulations.

B. Hereby approves Design Review application DR 23-001, subject to the conditions reflected in Exhibit “A” attached to this resolution.

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PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 9th day of January, 2024, by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED
Joel R. Bryant
Mayor
ATTEST:

Margaret Wimberly, MMC
City Clerk

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EXHIBIT "A" TO
CITY COUNCIL RESOLUTION NO. 23-XXX

CONDITIONS OF APPROVAL FOR
DESIGN REVIEW NO. 23-001

1. The developer shall comply with all applicable Standard Conditions of Approval for Residential Projects, dated May 2005, hereby incorporated by reference, unless modified by any of the conditions below.

2. The project shall be built substantially in conformance with the project plans drawn by SDG Architects, Inc., dated “Received June 2, 2023,” unless otherwise amended by the conditions of approval contained herein.

3. The project shall be built substantially in conformance with the site, grading and landscape plans drawn by Vander Toolen Associates dated June, 2023, unless otherwise amended by the conditions of approval contained herein.

4. The building construction drawings shall be submitted for the review and approval by the Community Development Director prior to building permit issuance.

5. Any significant alteration from the design review drawings prepared by SDG Architects, Inc., dated “Received June 22, 2023,” as determined by the Community Development Director, except as conditioned herein, shall be approved by the Design Review Subcommittee prior to building permit issuance.

6. Any significant alteration of the building colors or materials from the approved color and materials board, as determined by the Community Development Director, shall be approved by the Design Review Subcommittee prior to building permit issuance.

7. The building construction drawings shall reflect that all roof drainage downspouts and scuppers be interior to the building. All roof drainage shall be designed to be contained within the building walls so as to not be visible from any vantage point to the satisfaction of the Community Development Director prior to building permit issuance.

8. The Project shall be consistent with all applicable City’s General Plan Policies.

9. All improvements shall be designed and constructed; all permits issued; all fees paid; and all securities submitted pursuant to applicable Federal and state laws, the Subdivision Map Act, the Brentwood Municipal Code, the City Engineering Department’s Standard Plans and Specifications, and the City Engineering Department’s Engineering Procedures Manual.

10. Permittee and all construction plans and maps shall comply with Brentwood Municipal Code Title 8 “Health and Safety,” Title 9 “Public Peace and Welfare,” Title 12 “Streets, Sidewalks and Public Places,” Title 13 “Sewers,” Title 14

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“Water,” Title 15 “Building and Construction,” and Title 16 “Subdivision and Land Development.” In particular:
a. Solid waste service shall comply with Brentwood Municipal Code Chapter 8.16 “Solid Waste.”
b. Construction and demolition work shall comply with Brentwood Municipal Code Chapter 8.40 “Construction and Demolition Debris Recycling.”
c. Permittee shall comply with Brentwood Municipal Code Chapter 9.32 “Noise Regulations.”
d. Permittee shall comply with the encroachment permit requirements pursuant to Brentwood Municipal Code Chapter 12.08 “Street Encroachments.”
e. Sewer backflow prevention, interceptors, and other health and safety requirements shall be incorporated into the project pursuant to Brentwood Municipal Code Chapter 13.04 “Sewer System – Rules and Regulations.”
f. Brine-discharging self-regenerating water softener systems are prohibited pursuant to Brentwood Municipal Code Section 13.04.022.B. g. Water service shall comply with Brentwood Municipal Code Chapters

14.01 “Municipal Water System” and Chapter 14.10 “Cross-Connection Control.”
h. Contractors requiring construction water shall obtain a temporary water permit and shall only take water metered at a location specified by the City Engineer pursuant to Brentwood Municipal Code Section

14.01.340 “Contractors.”
i. Permittee shall comply with the Federal Clean Water Act, the Municipal Regional NPDES Permit, and Brentwood Municipal Code Chapter 14.20 “Stormwater Management and Discharge Control.”
j. Fire access and aerial apparatus access shall comply with the requirements of the Fire District and Brentwood Municipal Code Chapter 15.06 “Fire Code.”
k. Grading shall comply with Brentwood Municipal Code Chapter 15.52 “Grading, Erosion and Sediment Control.”
l. All grading and noise generating activities shall be limited to the days and hours defined in Brentwood Municipal Code Section 15.52.060 “Grading Regulations.”

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m. In addition to the indemnification obligation set forth above, Permittee shall indemnify the City pursuant to Brentwood Municipal Code Section

15.52.160 “City Held Harmless.”
n. Utilities shall be installed underground pursuant to Brentwood Municipal Code Section 16.120.120 “Undergrounding – Electric, Communication, Street Lighting and Advanced Technology Systems.” o. Construction Plans shall demonstrate with plans, analysis, or other documentation signed and stamped by a licensed Civil Engineer that there is adequate overland drainage release to an adequate public drainage facility to the satisfaction of the City Engineer. p. Construction Plans shall note that construction of all gravity utilities (i.e. storm drain, sewer) to always commence at the downstream connection and proceed to the upstream terminus.
q. Construction Plans shall demonstrate that all gravity utilities (i.e. storm drain, sewer) are designed to positively and completely drain by gravity without relying on any electro-mechanical means (i.e. pumps, lift stations and siphons) to the satisfaction of the City Engineer. r. Construction Plans shall include all proposed storm drain inlets to include and update existing storm drain inlets along the project frontage with “No Dumping – Drains to Creek” thermoplastic stencils to the satisfaction of the City Engineer.

11. Prior to issuance of any Building Permits:
a. Permittee shall pay all Development Impact Fees pursuant to, or otherwise comply with the latest City of Brentwood Development Impact Fee Program.
b. Permittee shall provide documents signed by a licensed engineer on building pad elevation, compaction, and appropriate remediation from unsuitable soils.
c. The Project shall annex into the most current Fire Community Facilities District as required by the Contra Costa County Fire Protection District. d. All applicable City fees shall be paid including, but not limited to the Contra Costa Flood Control and Water Conservation District Fee. e. Permittee shall demonstrate that all acoustic mitigations have been incorporated into applicable plans.

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12. The developer shall submit a minimum of two complete sets of building construction plans and specifications for the subject project to the Fire District.

After the new construction / tenant improvement plans are approved, plans and specifications for all necessary deferred submittals shall be submitted, including, but not limited to the following:
a. Fire sprinklers
b. Fire alarm

13. Flammable or combustible liquid storage tanks shall not be located on the site without obtaining approval and necessary permits for the Fire District.

14. The homes as proposed shall be protected with an approved automatic fire sprinkler system complying with the 2022 edition of NFPA 13R. Submit a minimum of two (2) sets of plans to this office for review and approval prior to installation. (903.2) CFC, (R313.3) CRC, Contra Costa County General Plan/Contra Costa County Ordinance 2019-37.

15. Emergency apparatus access roadways and hydrants shall be installed, in service, and inspected by the Fire District prior to construction or combustible storage on site.

A temporary aggregate base or asphalt grindings roadway is not considered an all-weather surface for emergency apparatus access. The firs lift of asphalt concrete paving shall be installed as the minimum roadway material and must be engineered to support the designated gross vehicle weight of 22 / 37 tons.

16. Access roadways of less than 28-feet unobstructed width shall have signs posted or curbs painted red with the words: NO PARKING - FIRE LANE clearly marked. (22500.1) CVC, (503.3) CFC.

Access roadways of 28 feet or greater, but less than 36-feet unobstructed width shall have NO PARKING - FIRE LANE signs posted, allowing for parking on one side only or curbs painted red with the words NO PARKING - FIRE LANE clearly marked. (22500.1).

17. The developer shall provide an adequate and reliable water supply for fire protection as set forth in the California Fire Code. (507.1) CFC

18. A land development permit is required for access and water supply review and approval prior to submitting building construction plans.

The developer shall submit a minimum of two (2) copies of full size, scaled site improvement plans indicating:

All existing or proposed hydrant locations,
Fire apparatus access to include slope and road surface Aerial fire apparatus access,
Elevations of building,

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Size of building and type of construction,
Gates, fences, retaining walls, bio-retention basins, any obstructions to access.

Detail showing the lowest level of fire department vehicle access and the floor level of the highest occupied floor,
Striping and signage plan to include "NO PARKING-FIRE LANE" markings This is a separate submittal from the building construction plans. These plans shall be approved prior to submitting building plans for review. (501.3) CFC

19. Provide emergency apparatus access roadways with all weather (paved) driving surfaces of not less than 20-feet unobstructed width, and not less than 13 feet 6 inches of vertical clearance, to within 150 feet of travel distance to all portions of the exterior walls of every building. Access shall have a minimum outside turning radius of 45 feet, and must be capable of supporting the imposed fire apparatus loading of 37 tons. Access roadways shall not exceed 20% grade.

Grades exceeding 16% shall be constructed of grooved concrete per the Fire District standard (503) CFC.

20. The Permittee will indemnify, defend with counsel of the City’s reasonable choosing, and hold harmless City and its City Council, its boards and commissions, officials, officers, employees, and agents (the “Indemnified Parties”) from and against any third party claim, action, or proceeding against City and/or the Indemnified Parties to attack, review, set aside, void, or annul the City’s approval of the project approved herein, including adoption of this Permit, and any environmental determination made with regard thereto. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, reasonable attorneys' fees, and other reasonable expenses incurred in connection with such claim, action, causes of action, suit or proceeding. The Permittee shall pay to the City upon demand or, as applicable, on a monthly basis to counsel of City’s reasonable choosing, amounts owed pursuant to the indemnification requirements prescribed in this condition.

City shall promptly notify the Permittee of any claim, action, or proceeding and shall engage in reasonable efforts to cooperate in the defense.

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PLANNING COMMISSION AGENDA ITEM NO. E.1
11/07/2023
SUBJECT: Zoning Text Amendment, Conditional Use Permit and Design Review for the Shepherd’s Gate Cottage Addition.

DEPARTMENT: Community Development Department
STAFF: Erik Nolthenius, Planning Manager
Miguel Contreras, Associate Planner

TITLE/RECOMMENDATION
An application for a Zoning Text Amendment (RZ 23-001) to amend subsection

17.495.005 “Other Regulations” and add a new conditionally permitted use to subsection 17.495.003 of the PD-45 zoning district text; a Conditional Use Permit (CUP 23-001) requesting an increase of 15 residents that an existing residential group home can accommodate; and a Design Review (DR 23-001) requesting approval for a 2,877 square foot addition, consisting of three dwelling units, communal pantry, laundry facility, and associated site improvements to an existing residential group home, on a 1.5-acre parcel located at 605 Sycamore Avenue (APN 016-310-076).

Staff recommends that the Planning Commission (1) adopt Resolution No. 23-035, recommending that the City Council adopt an ordinance approving RZ 23-001, to amend the PD-45 zoning text, specifically subsection 17.495.005 “Other Regulations” to allow, through a Conditional Use Permit, an increase to the number of residents an existing residential group home can accommodate and add a new conditionally permitted use to subsection 17.495.003 that reflects the previously mentioned allowance; (2) adopt Resolution No. 23-036 recommending that the City Council approve CUP 23-001, which requests approval of 15 additional residents to an existing residential group home; and (3) adopt Resolution No. 23-037 recommending that the City Council approve DR 23-001, which requests approval of a 2,877 square foot addition, consisting of three dwelling units (cottages), a communal pantry, laundry facility, and associated site improvements to an existing residential group home.

The proposed project qualifies as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA) Guidelines Section 15301(e)(2) as it will be an addition to an existing facility, as the 2,877 square foot addition will not result in an

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PLANNING COMMISSION AGENDA ITEM NO. E.1
11/07/2023
increase of more than 50 percent of the floor area of the 7,421 square foot existing structure.

The proposed project is further exempt from CEQA as it qualifies as a Class 3 categorical exemption under Guidelines Section 15303(b) as the project consists of the construction of a small addition totaling no more than six dwelling units within an urbanized area.

OWNER/APPLICANT
Shepherd’s Gate

GENERAL PLAN
Residential-Low Density (R-LD).

ZONING
Planned Development 45 (PD-45)

PREVIOUS ACTION(S)
Previous actions related to this agenda item that were taken by the Planning Commission and City Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
• Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
• Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited. • On August 12, 2003, the City Council adopted an amendment to the PD-45 Zone to establish development standards for a 54.69-acre site, a Tentative Subdivision Map to subdivide the site into 177 single-family residential lots and 4 remainder parcels, including a 3.35-acre park and a 1.5 acre site for a residential group home, and a design review for 8 models of single-family houses, with three variations of each, landscaping plans, fencing plans, and related improvements.

BACKGROUND
The 1.5-acre project site is located at 605 Sycamore Avenue (APN 016-310-076).

The site is currently improved with a two-story, 7,421 square-foot, 10-bedroom

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residential group home known as Shepherd’s Gate. Other on-site improvements include a parking area, trash enclosure, landscaping, and playground.

The General Plan designates the site as Residential-Low Density (R-LD) and the site is zoned Planned Development 45 (PD-45). Pursuant to Brentwood Municipal Code (BMC) section 17.495.001, the intended primary use for the PD-45 zone is to ensure the coordinated development of the entire area in order to minimize impacts on adjacent areas, while providing for needed housing. BMC section 17.495.002(D) identifies a residential group home, for up to 18 women and children, as a permitted use on the subject site.

Surrounding Land Uses
North: Single Family Residential
East: Public trail, unincorporated Contra Costa County, orchard South: Heron Park, across Sycamore Avenue
West: Single Family Residential

PROJECT DESCRIPTION

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The project consists of three applications which, if approved, would culminate in an increase of the number of residents that Shepherd’s Gate can accommodate and the construction of three new attached dwelling units with associated site improvements.

Lastly, the applicant is requesting approval of a Design Review (DR 23-001) that requests approval of improvements to an existing facility involving a 2,877 square foot addition. The addition would consist of three attached dwelling units (cottages), a communal pantry, and communal laundry room. Site improvements would include the reconfiguration of the parking area and the addition of three parking spaces, a new walkway, additional landscaping, and a new trash enclosure.

ANALYSIS

ZONING TEXT AMENDMENT
General Plan Consistency – Residential-Low Density (R-LD) The subject site has a General Plan land use designation of R-LD. The intent of the R-LD designation is predominantly to provide for single-family detached houses, although higher density developments could be accommodated if offset with sufficient open space in order to maintain the gross density within the indicated range. The permitted density range is 1.1 to 5.0 units per gross acre. The proposed project, consisting of three units in addition to the existing single family residential unit, would result in a density of 2.66 units per gross acre.

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that leaves a large open space, which acts as a buffer from the surrounding singlefamily homes, that is used for recreation and gardening (Policy LU 2-3). Lastly, the proposed project would maintain the character of the existing neighborhood by proposing a compatible development in terms of style, size, color, and footprint that is typical for the established neighborhood (Policy LU 6-2).

Zoning Consistency – PD-45
Shepherd’s Gate conforms to the standards in place for the PD-45 zoning district, including both the physical development standards and the permitted and conditionally permitted uses. The zoning text amendment does not propose any changes to the physical development standards. Therefore, any new development would be consistent with the existing height, setback, parking, landscape, screening, and lighting requirements (see table below).

The application is seeking to amend the conditionally permitted uses (17.495.003) and the “other regulations” section (17.495.005.F) of the PD-45 zoning district. The proposed changes would allow, with approval of a CUP, Shepherd’s Gate more flexibility in the number of residents the facility can accommodate. Attached is a redline version of the proposed text.

The proposed amendment would be consistent with the purpose and intent of PD-45 as the stated purpose of PD-45 is to permit and regulate the orderly development of the 54.69 acres, which include a residential group home. In addition, the stated intent for PD-45 is to ensure the coordinated development of the entire property in order to minimize impacts on adjacent areas, while providing for needed housing.

PD-45 Development Standards
Requirement Proposed Compliance
Minimum front yard 20 feet Trash enclosure - 24 feet
Cottages - 60 feet
Complies
Minimum side yard 5 feet Trash enclosure - 5 feet
Cottages - 9 feet
Complies
Minimum rear yard 20 feet ~154 feet Complies
Maximum building
height:
2 stories and
30 feet
1 story
16 ½ feet
Complies
Maximum lot coverage 40% for 2
story homes
or
Total lot coverage
(addition and existing)

13.49%
Complies

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45% for
single story
Off-Street Parking
Total parking spaces
1 space / unit
3 spaces for 3
new units
3 spaces Complies
Conditional Use Permit
CUP 23-001 requests approval to increase the maximum number of residents that Shepherd’s Gate can accommodate. As stated above, this approval would be contingent on the approval of the proposed Zoning Text Amendment. Specifically, the applicant requests an increase from the permitted 18 residents to a maximum of 33 residents.

The additional residents would be accommodated in the three new cottages that are being proposed as part of the design review application. Specifically, each of the proposed cottages could accommodate a family consisting of one adult and up to three children, therefore up to 12 people could be accommodated in the three new cottages. Part of the design review application includes creating a new communal pantry, which would provide enough space to store food and supplies and would free up an existing bedroom currently used as a pantry that is located within the main facility. Therefore the existing pantry would be converted back to a bedroom that could accommodate up to three single adults or a family of three.

The proposed new cottages are intended for graduates of the Shepherd’s Gate program, and their children, to spend an additional 6-9 months in a safe environment while they find employment or attend college. These cottages would be rent-free provided that the resident is employed or attending college.

This project has been reviewed by all City departments. No issues or concerns were identified, including by the Police Department. The Police Department in fact noted that there has never been a single issue with the existing facility.

Conditionally permitted uses are those uses that, by their nature, require special consideration so that they may be located properly with respect to the objectives of the Municipal Code and with respect to their effect on surrounding uses and properties. In order to achieve these purposes, the approving body has the authority, within the bounds of the law, to approve, conditionally approve, or deny applications for conditional use permits. A conditional use permit may be granted only if the proposal conforms to all of the general criteria and specified findings found in Section 17.830.005 of the BMC. These findings can be made and are included in draft Resolution No. 23-036.

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Design Review
The proposed Design Review application requests approval of a 2,877 square foot addition to the existing Shepherd’s Gate facility. This would include three 702 square foot, two-bedroom dwelling units (cottages), and 771 square feet of communal space that includes a pantry, laundry room, and breezeway that attaches the addition to the existing facility. Site improvements would include the addition of three parking spaces, 855 square feet of paved walkway, a new trash enclosure, a 6-foot high “good neighbor” wood fence, and additional landscaping.

Architecture
The proposed cottages, laundry room, and pantry would be within a new one-story, 16’6” high building. The architecture of the proposed addition is designed to match the existing architecture of the main structure. This would include a tile, gabled roof with the same profile of the existing structure. The gable roof forms would contain board and batten detailing to match the main structure. And like the existing structure, the proposed building would be stucco and utilize consistent door and window trim. Each cottage would have an approximate 116 square foot usable porch.

The proposed addition would be screened from public view by a six-foot high “good neighbor” fence.

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Site Plan/Parking
The site would continue to utilize two points of ingress/egress off of Sycamore Avenue and no changes are proposed to the driveways. The 10-space parking area will be reconfigured to accommodate three additional spaces. The applicant also proposes three spaces to be compact with dimensions of 8’x16’ instead of the standard 9’x20’.

Since section 17.620.021.D of the BMC allows up to 30% of the required parking to be compact parking, the three proposed compact spaces are in compliance with the requirements of the BMC.

The City’s Solid Waste Division can accommodate the current number of residents’ refuse with three residential style waste bins. However, the increase of residents to the site would trigger the need for a metal dumpster and associated improvements.

These improvements would be a CMU trash enclosure and sufficient space for the collection truck to access it. Staff reviewed the proposed trash enclosure and location, and determined they are in compliance with City standards. In addition, the trash enclosure is intentionally placed as far away as possible (on the east side

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of the site) from the existing single-family homes to the north and west to mitigate potential conflicts.

Landscaping
The proposal includes additional landscaping around the building, new parking areas, and trash enclosure. The proposed landscaping consists of multiple medium-sized shrub species and an ornamental tree.

Lighting
No exterior lighting is proposed with this application.

Signage
No signage is proposed with this application.

DATE OF NOTICE
The City of Brentwood published a public hearing notice in the Brentwood Press and mailed it to all property owners within 300 feet of the site on October 27, 2023. The applicant also posted the project site with the required signage.

ENVIRONMENTAL DETERMINATION

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The proposed project qualifies as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA) Guidelines Section 15301(e)(2) as it will be an addition to an existing facility in where the 2,877 square foot addition will not result in an increase of more than 50 percent of the floor area of the 7,421 square foot existing structure.

The proposed project is further exempt from CEQA as it qualifies as a Class 3 categorical exemption under Guidelines Section 15303(b) as the project consists of the construction of a small multi-family residential structure totaling no more than six dwelling units within an urbanized area

ATTACHMENT(S)

1. Resolution No. 23-035, RZ23-001

2. Resolution No. 23-036, CUP23-001

3. Resolution No. 23-037, DR23-001

4. Project Plans

5. Project Narrative

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1 December 22, 2022
To the City of Brentwood Planning Department:

Shepherd’s Gate respectfully requests the approval of our new building expansion that would allow us to build an additional building joined by a breezeway to the existing house. (605 Sycamore Ave., Brentwood, CA) This single-story new building expansion would provide three cottages (702 square feet each -2 bedroom, 1 bath) for our alumni graduates to spend an additional 6-9 months practicing everything they learned in the program while going to college or saving money from their new employment. It would allow them to continue to work on their sobriety, legal cases, and child reunification process with Child Protective Services. It would also provide one large pantry space (771 sq ft) to store food and supplies for all the women and children that are in our entire program. Included in this additional space is also a laundry facility for the cottages.

These critically needed cottages will enhance, expand, and centralize our services and will nearly double our capacity to help women and children in need. Without these cottages, women leave the program too early and rent rooms or apartments right back in their old neighborhoods that are either near their abuser (unsafe) or right back into the hands of drugs. They need to financially afford safer housing and gain employment to provide for their children. Plus, they need to find stable housing close to Shepherd’s Gate so they can continue their Alumni services and support. Also, what is currently happening is women are staying in the program longer and not free up a spot for the next woman on the waiting list. These cottages would help them to stay on campus but free up their bed for the next woman.

This new construction of the cottages and pantry would be completed by Home Aid of Northern California and Shea Homes. Both construction companies-built cottages on our Livermore campus many years ago and they have proven to be an important part of our 80% success rate to support women in their sobriety and improve their lives.

HomeAid Northern California partners with care providers, builders, and construction trades with a unique and collaborate approach. Through housing development and community engagement, their mission is to help those experiencing homelessness to build new lives. The partnership between HomeAid and Shea Homes and trade partners helps us afford this expansion because of the many donated hours of labor and goods.

We are grateful to SDG Architects for their donation off all services and leadership to guide us through this process and make an architecture design meet both our needs and fulfills the requirements of the City of Brentwood.

RECIEVED
January 12, 2023

CITY OF BRENTWOOD

COMMUNITY DEVELOPMENT

DEPARTMENT

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2 ORGANIZATIONAL BACKGROUND
Shepherd’s Gate began providing crisis care and shelter for women and children in Livermore, in 1984, out of a small home. Today, we are one of the largest comprehensive programs for homeless and abused women and children in the San Francisco’s Tri-Valley region. Our campus in Livermore has the capacity to serve up to 70 women and children at a time and was made possible by a $3.6 million partnership with HomeAid. This flagship campus includes two residence halls, five independent-living cottages, administrative offices, and an 8,200 square-foot learning facility that houses resident classrooms, children’s care services, resident computer labs, and program offices.

Our Brentwood campus opened in 2006 and is a ten-bedroom and five bath home in a peaceful residential neighborhood. It was made possible through a $2.5 million donation by Signature Properties. Within the home there are additional rooms for the following:
- Large front office to greet women and client, volunteers, and guests - Nursery to care for newborns and toddlers while their mothers are in class. - Communal kitchen and refrigerators and dining room for all guest - Large family room with tv
- Three offices for staff (case managers to meet privately with clients) - Large classroom for education classes and AA meetings - One additional bathroom for staff on the main floor
- Large laundry room on second floor
- Security cameras around the exterior of the home
Phase 2 - New addition to the home in 2021 added the following on the main floor:
- Learning and career center to focus on adult education online or job skills training - After school program room for older children. This room is also used by therapist for children to privately meet.
- Two additional offices for additional case managers to meet privately with women - Covered patio – allows us to gather outside for BBQs, AA meetings, family reunification, staff meetings, and alumni meetings.

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3 Our mission is to meet the physical, spiritual, and emotional needs of women and children suffering from homelessness, addiction, poverty, and domestic violence through a Christian long-term recovery program.

Our services are provided to women and children in crisis, regardless of race, age, religion, creed, national origin, disability, or marital or veteran status. We help single women and mothers of all ages. Our 38 years of experience has given us a deep understand of emergency care. A nightly homeless shelter does little to help achieve the kind of self-sufficiency that has lifelong and generational benefits. Therefore, in addition to providing shelter, Shepherd’s Gate addresses the underlying causes of residents’ desperation through a comprehensive multi-phase approach/curriculum (9-12 months) that includes a residential Road to Freedom Program, an Aftercare Program for alumni, and a Family Reunification Program for non-resident children who are no longer under their mothers’ care.

While women are at Shepherd’s Gate they work on their recovery, relapse prevention plan, debt reduction, legal issues, take parenting classes, focus on their education, mental and physical health, and attend multiple classes to heal from their trauma. Our children have a full program as well for their physical needs, educational, and therapy to recovery from their trauma. This is a very brief description of our services and classes. Also, we focus on community partnerships. We want women to build healthy relationships in the Brentwood community. We also want them to have a heart of gratitude for this program that they have been freely given, so we require before graduation to complete 45 hours of volunteering in the community. That can be at their child’s school, local non-profits, their church, community events, and even at Shepherd’s Gate. Since 1984, we have helped over 14,000 women and children in crisis situations.

SUCCESS OF OUR PROGRAM
At Shepherd’s Gate, families in crisis can heal and create healthy, secure legacies free of abuse, violence and trauma. Our success rate—which we define as a woman’s ability to sustain employment, stable housing, and sobriety 12-months post-graduation—is greater than 80%.

A newer success factor has also been achieved – a 90% success rate in helping women reunify with their children. In many domestic violence or addiction cases, children are removed from the mother’s custody and placed in foster care or with relatives. We work carefully with legal counsel and the court systems to help the woman rebuild their lives so they can be moms that will provide for their children. Many judges praise our in-depth program and find approval in granting custody back to mothers that have proven sobriety, working towards employment, and have taken parenting classes at Shepherd’s Gate. This past year we helped reunited 23 children with their mothers on both of our campuses.

NEED FOR PROPOSED PROJECT
Each month we receive about 75-100 intake calls for our Brentwood site located in Contra Costa County.

The majority (88%) of women calling will report a history of family violence, and roughly half (56%) will be seeking to escape from a current situation of domestic violence. More than half (56%) will have a dependency on alcohol or drugs. Nearly all will be women with low levels of education and high incidences of traumatic life events. We are also helping more senior women experiencing homelessness living in their cars in Contra Costa County. The county plus the state of California leans on Shepherd’s Gate because of our specialty in child reunification with Child Protective Services and the Court system. There are not enough programs in the state of California that except older children. We except girls of any age (newborn

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4 – 18 years old) and boys (newborn – 11 years old). When children are with us, we focus on getting them the necessary trauma therapy they need such as play therapy, pet therapy, art therapy with professional counselors. If a woman is unable to pay for therapy for herself or her children, we will step in to pay. Most of our children have experienced violence from their parent’s domestic violence and addiction situation and trauma from being separated from their mothers as CPS stepped in to remove them from the household. California Judges turn to Shepherd’s Gate because we focus on helping the mother first change her life so she can care for her children when they return.

Our Brentwood campus opened in 2006 as a direct response to the community’s great need. Over the last 16 years, every space within the 7,600 square-foot, 10-bedroom home has been maximized.

Additions to the Brentwood site have reached a state where they have become critical. Not only to save more women and children from living in dangerous situations but to enhance, expand, and centralize the services that are essential to our families’ recovery and long-term success.

PROJECT DESCRIPTION
Our campus advancement has been broken down into three phases.

Phase 1: (Completed June 2021) Added 1,000 sq. feet to the back of the existing house by Signature Home - a new Learning and Career Center for adult education and job training services, and an After School Program room for older children, and two case management offices. Also, they provided us with a covered a patio that is used for multiple meetings and gathers.

Phase 2: (Completed 2022) We have also installed a secure playground in the backyard that was necessary for child reunification meetings.

Phase 3: (anticipate start date - late 2023) – One single story structure attached to the existing home by a breezeway. This structure would include 3 cottages for alumni to stay on campus while they practice everything they learned in the program. Graduates can live for free in the cottage as long as they are attending college or working. This extra time on campus allows them to save money so they can afford to live in our community. Also, they attend alumni and AA meetings on campus to continue their support and recovery. They meet with their case manager to make sure they are achieving all their personal goals.

Some mothers need additional time on campus to meet the requirements of the court system to reunite with their children.

Also, the large pantry in the new addition will give us enough space to store food and supplies for all our women and children on campus. Once we build this new pantry, we would convert our current pantry inside the home into the originally designed bedroom that could accommodate 3 single women or one family of three.

The architecture design of Phase 3 ties in seamlessly with the existing home. Flat tile roofs, stucco wall finish and gable roof forms with board and batten detailing mimic the existing home. Door and window trim are also consistent. Each cottage is designed with their own usable porch space of approximately

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5 116 square feet. To minimize the impact of the addition of the cottage we have kept them at a 1-story addition with a maximum height of approximately 16’-6”.

With the addition of the cottages there is some shift in location of the current trash enclosure as well as parking. Overall, we gain 1 parking space on-site. The project addition is designed to be located within the PD setbacks. Most of the women that come to Shepherd’s Gate do not own cars until they gain employment after graduation and then it is after they have saved financially to afford a car and insurance.

FUNDING
Shepherd’s Gate is 100% funded by individuals, foundations, companies, and churches. We don’t use government funds. We are not asking for any funding from the City of Brentwood for this expansion project. This expansion will be completely funded by individuals and foundations. Companies will donate gifts in kind through HomeAid of Norther California and Shea Homes partnerships. Also, it is worthy to mention that our program is 100% free for women and children to attend. Shepherd’s Gate does not ask for any reimbursements from the city, county, State, or Federal funding.

EXPANSION PROJECT EXPERIENCE
Shepherd’s Gate has experience successfully executing a multi-phase capital project at our Livermore campus that has expanded our services in Alameda County. Concluding in 1999 at $1.8 million was the first phase of construction resulting in administrative offices and one residence hall, capable of serving 32 women and children at a time. Concluding in 2005 at $2.5 million was the second phase resulting in construction of a second residence hall and five cottages, capable of serving an additional 48 women and children. Concluding in 2015 at $1.5 million was the third and final phase that resulted in construction of an 8,000 square-foot resident learning facility to house all program services and offices. This final phase also doubled our capacity to serve children and expanded our capacity to provide on-site job-training and adult education services.

In Brentwood, we have successfully completed our expansion plan to add our Learning and Career Center, After School Room and two case management offices that opened in June of 2021. We have experienced firsthand how these enhanced spaces and services improve resident success.

During our recent expansion in 2019-2021, we were specifically careful to notify our neighbors on the two sides of our property of all the details of construction. For our new cottages, we have purposefully located them on the side of the property that has no neighbors. I would say 90% of our neighbors are donors to our program. Because we are at the end of a closed street, we are isolated from the neighbors. Many people in the community don’t even know we are at the end of the street. I think we would have good neighbor reports from both the local Brentwood Police Department and the Fire Department.

We are grateful to the City of Brentwood and our community for allowing us to compassionately care for those women and children struggling in our community.

Sincerely,
Carol Patterson ([email protected] – 925-443-4283) CEO - Shepherd’s Gate

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Jun 22, 2023

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PHASE 1 ADDITION
PHASE 2 ADDITION
PHASE 3 ADDITION
Shepherd's Gate Cottage Addition
Brentwood, CA 900.415 June 22, 2023
0 4' 8' 12' 16' 32'

ARCHITECTURAL SITE PLAN
A1

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PANTRY

LAUNDRY
COTTAGE #1 COTTAGE #2
COTTAGE #3
BEDROOM 1
BEDROOM 2
FRONT
OFFICE

OFFICE OFFICE OFFICE
OFFICE
OFFICE

LEARNING
CENTER

FAMILY DINING

KITCHEN

NURSERY
PATIO

AFTERSCHOOL

ACTIVITY
PWDR.

CLASSROOM
BATH 1
PORCH
ENTRY

EXISTING

RESIDENCE
BEDROOM 7
BATH 2
BEDROOM 6
BEDROOM 5
BEDROOM 4
BEDROOM 3
BEDROOM 8
BEDROOM 9
BEDROOM 10
BATH 3
BATH 4
BATH 5
LNDY.

EXISTING

RESIDENCE
Shepherd's Gate Cottage Addition
Brentwood, CA 900.415 June 22, 2023
0 2' 4' 6' 8' 16'

FLOOR PLAN
A2 FIRST FLOOR PLAN
SCALE: 1/8" = 1'-0"

SECOND FLOOR PLAN
SCALE: 1/8" = 1'-0"

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PANTRY

LAUNDRY
COTTAGE #1 COTTAGE #2
COTTAGE #3

EXISTING

RESIDENCE
28'-0 1/2" 28'-0 1/2" 6'-3" 6'-3"
28'-0 1/2" 28'-0 1/2" 6'-3"6'-0" 50'-1"
56'-1" 25'-0 1/2" 25'-0 1/2"
62'-1"
12'-6"
Shepherd's Gate Cottage Addition
Brentwood, CA 900.415 June 22, 2023
0 1' 2' 3' 4' 8'

COTTAGE ADDITION FLOOR PLAN
A3

SQUARE FOOTAGES
COTTAGE #1
COTTAGE #2
COTTAGE #3

GENERAL SPACES

ADDITION TOTAL
702 SQ. FT.
702 SQ. FT.
702 SQ. FT.
771 SQ. FT.
2877 SQ. FT.

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TRASH

ENCLOSURE
10'-0" 11'-4"
10'-0" 11'-4" 5'-8" 5'-8"
CMU
WALL
METAL
GATE
WALK-WAY 1'-4" 3'-0" 7'-0"
METAL
GATE
CONC.

APRON
REFUSE
BIN
STUCCO FINISH o/ 8'-6"

PARGE COAT
T.O. CURB 6" 8'-6" 8'-0"
STUCCO FINISH o/
PARGE COAT METAL GATE 7'-0 1/2" 8'-6"STUCCO FINISH o/
PARGE COAT 6" T.O. CURB 8'-0" 8'-6"

STUCCO FINISH
o/ PARGE COAT 8'-0"

METAL GATES
Shepherd's Gate Cottage Addition
Brentwood, CA 900.415 June 22, 2023
0 1' 2' 3' 4' 8'

TRASH ENCLOSURE
A6

PLAN VIEW
SCALE: 1/4" = 1'-0"

FRONT ELEVATION

REAR ELEVATION RIGHT ELEVATION

LEFT ELEVATION

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EXISTING BUILDING

SYCAMORE AVENUE
APN 016-310-076

PARCEL A
(466 M 1)

GENERAL NOTES, SHEET INDEX & VICINITY MAP
H:\3644-000\ACAD\DR\DR01.DWG

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
OF 7 SHEETS
SHEET NO.

DESIGN REVIEW

SHEPHERD'S GATE

CITY OF BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 20' DATE: JUNE 7, 2023
0 20 40 60
1 SITE

VICINITY MAP

SYCAMORE AVE

VIVIAN ST

EILEEN ST
RAY ST

JENNIFER ST GARIN PKWY

EFFIE CT

EILEEN ST

VIVIAN ST GARIN PKWY

SPRUCE ST
GENERAL NOTES:

LEGEND

EXISTING PROPOSED DESCRIPTION

ABBREVIATIONS

SHEET INDEX
SHEET NO. SHEET TITLE
X

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EXISTING BUILDING

SYCAMORE AVENUE

EXISTING CONDITIONS
H:\3644-000\ACAD\DR\DR02.DWG

DESIGN REVIEW

SHEPHERD'S GATE

CITY OF BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 10' DATE: JUNE 7, 2023
0 10 20 30 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
OF 7 SHEETS
SHEET NO.
2

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X X X
X

EXISTING BUILDING

SYCAMORE AVENUE

PROPOSED BUILDING

ADDITION
PANTRY
COTTAGE #1 COTTAGE #2
COTTAGE #3

PRELIMINARY SITE PLAN
3 H:\3644-000\ACAD\DR\DR03.DWG

DESIGN REVIEW

SHEPHERD'S GATE

CITY OF BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 10' DATE: JUNE 7, 2023
0 10 20 30 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
OF 7 SHEETS
SHEET NO.

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X X X
X

EXISTING BUILDING
FF 60.1

SYCAMORE AVENUE

PROPOSED BUILDING

ADDITION
PANTRY
COTTAGE #1 COTTAGE #2
COTTAGE #3
A A
B B

TRASH ENCLOSURE
FF 59.4
X

SECTION A-A

BUILDING
FF 60.1 X

SECTION B-B

PRELIMINARY GRADING PLAN
4 H:\3644-000\ACAD\DR\DR04.DWG

DESIGN REVIEW

SHEPHERD'S GATE

CITY OF BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 10' DATE: JUNE 7, 2023
0 10 20 30 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
OF 7 SHEETS
SHEET NO.

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X X X
X

EXISTING BUILDING

SYCAMORE AVENUE

PROPOSED BUILDING

ADDITION
PANTRY
COTTAGE #1 COTTAGE #2
COTTAGE #3

PRELIMINARY UTILITY PLAN
5 H:\3644-000\ACAD\DR\DR05.DWG

DESIGN REVIEW

SHEPHERD'S GATE

CITY OF BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 10' DATE: JUNE 7, 2023
0 10 20 30 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
OF 7 SHEETS
SHEET NO.

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X X X
X

EXISTING BUILDING

SYCAMORE AVENUE

PROPOSED BUILDING

ADDITION
PANTRY
COTTAGE #1 COTTAGE #2
COTTAGE #3
5 5
3 PRELIMINARY PARKING PLAN
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DESIGN REVIEW

SHEPHERD'S GATE

CITY OF BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 10' DATE: JUNE 7, 2023
0 10 20 30 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
OF 7 SHEETS
SHEET NO.

PARKING SUMMARY

PARKING REQUIRED

PARKING

PROVIDED

PARKING SUMMARY

PARKING TYPE QUANTITY

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SYCAMORE AVENUE

PROPOSED BUILDING

ADDITION
PANTRY
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COTTAGE #3

PRELIMINARY STORMWATER CONTROL PLAN
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DESIGN REVIEW

SHEPHERD'S GATE

CITY OF BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 10' DATE: JUNE 7, 2023
0 10 20 30 CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
OF 7 SHEETS
SHEET NO.

AREA SUMMARY

AREA DESIGNATION AREA (SF)

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X X X X Copyright 2023 vanderToolen Associates. The drawings or written materials contained herein constitute the original and unpublished work of the landscape architect. Reproduction, use or alteration in any form is strictly prohibited without the written consent of vanderToolen Associates. L-1 Project No. 04922 Brentwood, California SHEPHERD'S GATE SCALE: 1" = 10'-0" 0' 5' 10' 20' vanderToolen Associates 855 Bordeaux Way Suite 240 Napa, CA 94558 tel+ 707.224.2299 hhhvandertoolenco^ CONCEPTUAL LANDSCAPE PLAN JUNE 2023 NOTES: 1. TREE LAYOUT IS SCHEMATIC. FINAL TREE LOCATIONS AND SPECIES SUBJECT TO CITY REVIEW, UTILITY AND STREET LIGHT PLACEMENT. NORTH PROPOSED SHRUB LEGEND SYMBOL BOTANICAL NAME COMMON NAME MIN. SIZE WUCOLS ABELIA GRANDIFLORA VARIETIES ABELIA 5 GAL LOW CALLISTEMON VARIETIES BOTTLEBRUSH 5 GAL LOW BOUTELOUA GRACILIS VARIETIES BLUE GRAMA GRASS 1 GAL LOW DIETES VEGETA 'VARIEGATA' VARIEGATED AFRICAN IRIS 5 GAL LOW FESTUCA SPECIES FESCUE 1 GAL LOW MYOPORUM PARVIFOLIUM MYOPORUM 1 GAL LOW NANDINA DOMESTICA VARIETIES HEAVENLY BAMBOO 5 GAL LOW WESTRINGIA SPECIES COAST ROSEMARY 5 GAL LOW TREES BOTANICAL NAME COMMON NAME MIN. SIZE WUCOLS QTY. PRUNUS CERASIFERA PURPLE-LEAF PLUM 15 GAL LOW 1 EXISTING TREE, PROTECT IN PLACE PROPOSED TREE LEGEND 6' TALL GOOD NEIGHBOR FENCE & GATE FENCE LEGEND * SEE DETAIL A THIS SHEET GOOD NEIGHBOR WOOD FENCE SCALE: 1/2" = 1'-0" 78645312NOTE: -ALL OTHER WOOD SHALL BE CONSTRUCTION GRADE REDWOOD OR CEDAR. -ALL NAILS SHALL BE HOT DIPPED GALVANIZED. SECTION ELEVATION 2 x 4 CAP RAIL 1 x 6 BOARD ON BOARD COVER BOARD WITH 1" OVERLAP 4 X 4 PTDF @ 8' O.C. 1 x 4 FASCIA BOARD (TOP & BOTTOM TRIM) 2 x 4 FENCE RAIL (TOP, MIDDLE & BOTTOM) FINISH GRADE 8" X 24" DOMED CONCRETE FOOTING COMPACTED SUBGRADE 123554678 6'-0" PLAN VIEW 4
2" 1 2 4 3 5 1" A PLANTING NOTES 1. THE PLANTING DESIGN FOR THE SITE IS DROUGHT TOLERANT AND CONSISTS OF A BALANCE OF EVERGREEN AND DECIDUOUS PLANTING AS WELL AS NATIVE AND ORNAMENTAL PLANTING. 2. PROPOSED TREE LOCATIONS ARE BASED ON STANDARD JOINT TRENCH LOCATIONS. FINAL TREE LOCATIONS TO BE DETERMINED WHEN FINAL UTILITY LOCATIONS ARE PROVIDED. TREE PLACEMENT MAY BE ADJUSTED AND FINAL TREE COUNT MAY CHANGE. 3. ALL SHRUBS AND GROUNDCOVER MATERIAL SELECTED HAVE A WUCOLS WATER USE RATING OF VERY LOW TO MODERATE. 4. PROPOSED TREE CANOPIES ARE SHOWN AT 85% MATURE GROWTH DIAMETER IN ORDER TO ENSURE THERE IS SUFFICIENT ROOM FOR TREE GROWTH AND HEALTH. IRRIGATION NOTES 1. THE IRRIGATION DESIGN FOR THE SITE SHALL COMPLY WITH THE STATE MANDATED MODEL WATER EFFICIENT LANDSCAPE ORDINANCE (MWELO). 2. THE IRRIGATION SYSTEMS WILL BE AUTOMATICALLY CONTROLLED BY AN ET/'SMART' IRRIGATION CONTROLLER CAPABLE OF MULTIPLE PROGRAMMING AND INDEPENDENT TIMING OF INDIVIDUAL IRRIGATION SYSTEMS. THE CONTROLLER WILL HAVE A 24-HOUR CLOCK TO ALLOW MULTIPLE START TIMES AND REPEAT CYCLES TO ADJUST FOR SOIL PERCOLATION RATES. 3. THE IRRIGATION SYSTEMS WILL CONSIST PRIMARILY OF LOW VOLUME, LOW FLOW BUBBLERS FOR TREES, AND POINT SOURCE DRIP IRRIGATION FOR SHRUBS AND GROUNDCOVERS. 4. PLANTS WILL BE GROUPED ONTO SEPARATE VALVES ACCORDING TO SUN EXPOSURE AND WATER USE TO ALLOW FOR IRRIGATION APPLICATION BY HYDROZONE. THE IRRIGATION SCHEDULING WILL REFLECT THE REGIONAL EVAPO-TRANSPIRATION RATES. THE ENTIRE SITE WILL BE DESIGNED TO RUN DURING NIGHTTIME HOURS WHEN IRRIGATION IS MOST EFFICIENT. 5. ALL MWELO DOCUMENTATION INCLUDING IRRIGATION PLANS, WATER USE CALCULATIONS AND CERTIFICATES SHALL BE SUBMITTED WITH THE LANDSCAPE IMPROVEMENT PLANS FOR REVIEW AND APPROVAL. Page 106 of 183 CITY COUNCIL AGENDA ITEM NO. H.1
01/09/2024
SUBJECT: Update on the Memorandum of Understanding between the City and the Downtown Brentwood Coalition
DEPARTMENT: City Manager’s Office
STAFF: Darin Gale, Assistant City Manager
Abraham Salinas, Senior Analyst

TITLE/RECOMMENDATION
Update on the Memorandum of Understanding (MOU) between the City and the Downtown Brentwood Coalition (DBC) for delivery and administration of the Main Street America Accredited Member program for Downtown Brentwood for fiscal years 2021/22, 2022/23 and 2023/24, including but not limited to downtown district and downtown events promotion, destination tourism, downtown area district and membership management. No action is requested of the Council.

FISCAL IMPACT
There is no fiscal impact associated with this update. The FY 2023/24 cost of $70,000 for the MOU between the City and the DBC is included in the FY 2023/24 General Fund Operating Budget.

BACKGROUND
Over the last decade, Downtown Brentwood has transformed into a dynamic and thriving hub, largely driven by the City's strategic investments and collaborative efforts. The downtown core building occupancy rate exceeds 95%, attracting tens of thousands of residents and visitors annually to its diverse range of businesses, programming, and events. The imminent reopening of the Delta Theater, along with the launch of new restaurants and businesses, further underscores the upward success trajectory of the downtown.

A key contributor to this success is the City's partnership with the Downtown Brentwood Coalition (DBC), a 501(c)(6) non-profit organization, through a three-year Memorandum of Understanding (MOU) established in 2021. This collaboration has yielded substantial benefits, including sustained tenant occupancy, the emergence of new businesses, increased foot traffic, and unprecedented event attendance. The

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CITY COUNCIL AGENDA ITEM NO. H.1
01/09/2024
performance-driven MOU incentivizes the DBC to work alongside the City in fostering downtown enhancements, diversifying revenue streams, expanding fee-based memberships, and organizing profitable events. This symbiotic relationship has played a pivotal role in the ongoing revitalization and economic growth of Downtown Brentwood.

MEMORANDUM OF UNDERSTANDING
The three-year MOU established in 2021 with the DBC encompasses the following principal objectives:

1. Administration of and adherence to the Main Street America Program (MSA) guidelines.

2. Recruitment, hiring, and retention of a dedicated full-time Executive Director/Downtown Manager.

3. Effective fundraising, event management, coalition membership growth, and fund development strategies.

4. Establishment of an Administrative Office for the DBC and a Destination Tourism Office.

Since implementing the MOU, the DBC has achieved or is actively working towards these key deliverables, along with fulfilling other critical elements stipulated in the agreement. Notably, the DBC is on track to receive full accreditation from the Main Street America Program in 2024, with a visit from the MSA Regional Program Manager expected in January 2024 to assess the DBC’s continued progress.

DBC Executive Director, Amy Tilley, maintains collaborations with City staff and various partner organizations, furthering its objectives. The DBC's event organization and programming efforts continue to yield successful outcomes. A milestone was reached in November 2023 when the DBC entered into a lease with the City for the historic Women’s Club building at 648 Second Street, planned for both its Administrative Office and the Destination Tourism Office once all ADA improvements are completed.

For a comprehensive overview of the DBC's performance, ongoing activities, and future goals, please refer to Attachment 2 (2021 – 2023 Downtown Brentwood Coalition Impact Report).

Both Staff and the DBC agree on the importance of the DBC striving towards financial self-sufficiency. This goal of the existing MOU is designed to incrementally decrease the City's financial support over time, while continuing to foster a strong and

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CITY COUNCIL AGENDA ITEM NO. H.1
01/09/2024
collaborative relationship between the two entities. During the upcoming budget cycle, the City Council will have an opportunity to discuss continued financial support of the DBC.

CITY COUNCIL STRATEGIC INITIATIVE
City of Brentwood Strategic Plan FY 2022/2023 – FY 2023/2024, Focus Area 3:

Economic Development, 1.b. Incentivize higher tier, unique business and development to the Brentwood Blvd. and Downtown Areas.

City of Brentwood Strategic Plan FY 2020/2021 – FY 2021/2022, Focus Area 3:

Economic Development, 1.e. Implementation of Downtown Main Street Certification

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. 2021 – 2023 Downtown Coalition Impact Report

3. Memorandum of Understanding (MOU) Between the City and the Downtown Brentwood Coalition (DBC)

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On July 14, 2020, the City Council approved the amended City of Brentwood Strategic Plan FY 2020/2021 – FY 2021/2022. The plan included Focus Area 3: Economic Development, Implementation of Main Streets, a carry-over of previous City Council Strategic Initiatives from FY 2018/2019 – FY 2019/2020.

On February 9, 2021, the City Council approved an update of the Amended City of Brentwood Strategic Plan FY 2020/21 – FY 2021/22 and funding deferred projects holding list, which included the Implementation of Main Streets Strategic Initiative.

On May 25, 2021, the City Council held a workshop on the FY 2020/21 – FY 2021/22 Mid-Term Operating Budget, and provided direction to staff to include funding for the Implementation of Main Streets Strategic Initiative in anticipation of final Budget consideration on June 22, 2021.

On June 22, 2021, by Resolution 2021-76, the City Council amended the FY 2020/21 and 2021/22 Operating Budgets, which included $50,000 for the Implementation of Main Streets Strategic Initiative in FY 2021/22 and funding committed for FY 2022/23 and FY 2023/24 in the amount of $140,000 to be reserved in the General Fund at the end of FY 2020/21.

On July 13, 2021, by Resolution 2021-86, the City Council approved and authorized the City Manager or his designee to execute a Memorandum of Understanding between the City of Brentwood and the Downtown Brentwood Coalition for delivery and administration of the Main Street America Accredited Member program for Downtown Brentwood for fiscal years 2021/22, 2022/23 and 2023/24 and approving a City subsidy in fiscal year 2021/22 not to exceed $50,000.

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Impact
Report

DOWNTOWN

BRENTWOOD COALITION
December 2021-
December 2023

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Who We Are
A Letter to our Stakeholders
Community & Economic Impact | Year One
Our Mission
Branding & Marketing
Conclusion & A Look Ahead
Table of
Contents
Facts & Figures
Goals & Objectives
Community & Economic Impact | Year Two

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Support Areas & What We Do

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Funding Highlights
Event Planning

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To Our Downtown
Stakeholders
Over 15 years ago, a small group of Downtown Businesses got together to build the framework for a transformation in Historic Downtown Brentwood. In 2008 they formed the nonprofit, Downtown Brentwood Coalition. They worked tirelessly to create events to engage the community and advocate for a more vibrant downtown that could serve the community for years to come.

In 2021, the Downtown Brentwood Coalition hired its first Executive Director with the support of the City of Brentwood. They signed a Memorandum of Understanding to fund the position for three years. In this report, we will examine the results of their efforts and the positive effect of this partnership on the economic vitality of the area.

This past year Brentwood celebrated it’s 75th anniversary, giving us a perfect opportunity to consider and appreciate how far Downtown has come. Downtown began to take shape in the 1870's as the start of our agricultural community began to take root. From one blacksmith shop, to the thriving, vibrant map dot, Downtown continues to be a treasure for our community to discover and re-discover.

It has been an honor to serve the Brentwood community and support the amazing small businesses and nonprofit partners in our network. Over the past two and a half years, we have achieved our short-term organizational goals and we have forged strong and lasting relationships with our members, partners, and community to pave the way for the future of Downtown.

We thank each and every one of our downtown stakeholders, who have supported the journey and the vision to make Downtown a place where everyone feels welcome, safe and a cherished.

Sincerely,
Amy Tilley
Executive Director
Peter Jacoway
Board President Page 3 Page 113 of 183
Board of Directors
& Staff
Peter Jacoway | President Jim Barnett | Vice President Lynn Tei | Treasurer David Martinez | Secretary Kevin Erickson | Director
Jon R. Elam | Director
Dee Olmedo | Director Sheri Dickson | Director Amy Tilley | Executive Director Vivian Treff | Director Savino Ruvacalba | Director
Helen Myers Family Trust Perfect Star Heating & Air Conditioning Zephyr Grill & Bar American Legion Post 202 U.S. Dept of Veterans AffairsErickson Realty Group Brentwood Senior Citizens Club Boondoggies The Lounge on Oak Soireé Love The Pink Door

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A Downtown Community
Our volunteer Board of Directors consists of small business owners, nonprofit partners, and key stakeholders. This dynamic group frequently meets to devise strategies that support the members and enhance the local economy, while also creating a gathering place for all of Brentwood to enjoy. Several of the board members were born and raised in the area, which helps us preserve Brentwood's rich history in Downtown.

Who we are
Board Representation
To ensure that the decisions of the Board are in alignment with the needs and desires of our members and the community, our board represents a variety of industries and interests, who share a common thread: They love Brentwood! Food & Beverage Retail
Professional Services
Veterans Services
Property Owners
Senior Citizens Residents

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The Downtown Brentwood Coalition is comprised of over 80 small businesses and nonprofit partners in the Downtown area. A Board of Directors and an Executive Director organize, plan and execute programs & events all year long, to support the members.

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The Mission of the Downtown Brentwood Coalition is to find innovative and sustainable ways to support the vibrancy and vitality of Historic Downtown Brentwood. We endeavor to make downtown a safe, welcoming place, that treasures our community’s rich agricultural history while supporting our community’s needs for the future.

Downtown Brentwood is a charming destination for locals to enjoy daily, and for visitors to explore when they plan their visit to Brentwood, the U-Pick Capital. inviting, artful, and friendly, Downtown Brentwood provides a wide variety of unique shops, cuisines, services and entertainment seven days a week. Relax and enjoy the beautiful scenery at one of the numerous outdoor seating areas that line the downtown streets. One visit, and you’ll understand why they say life is Better in Brentwood.

The work done by the DBC is made possible with the help of key partnerships. We receive funding through membership fees, sponsorships, events, and economic development grants. We value our relationships with service groups and partners like the Brentwood Veterans Service Organizations, Brentwood Rotary, Lions Club, Chamber of Commerce and many others.

Our full-time Executive Director position is supported through an MOU with our partner, the City of Brentwood. The MOU was established in 2021 and is valid until June 30th, 2024. It serves as an agreement for funding the Executive Director role, and it was created to work together toward a stronger and more vibrant downtown by improving revitalization goals and transformation strategies. This MOU and the Full-Time position have served as the foundation for the robust marketing, tourism, and small business support levels that DBC has provided for the past two years.

Our Mission
Our Vision
Our Partnerships

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Community Building

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Our Support Areas
Membership eligibility
is determined by our
organization’s support
boundaries.

CORE Membership is
for those brick &
mortar businesses
located in the
Downtown CORE
Our Affiliate Membership is for those
brick & mortars located inside this key shaped
area that surrounds the Downtown Core.

Note: businesses listed are for points of reference
for the public and are not reflective of
membership
Core
Affiliate
Nonprofits
DBC has a nonprofit partnership
program. We work in
collaboration with our partners
to highlight the great work they
are doing in the community!

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What We Do
The DBC is striving towards achieving recognition as a
Nationally recognized, National Main Street Program, with an expected announcement for this achievement in 2024. We
follow the Main Street - Four Point Approach - for our
program’s Downtown Transformation Strategy. These four
critical pillars are: Economic Vitality, Design, Organization and Promotion.

We support our member businesses through advertising,
marketing, special events and small business support. We work with the City and businesses to ensure that the
design and function of Downtown meets the needs of the
community today, and tomorrow.

Building strong leadership within our community and within the organization is an important facet of our workplan, to ensure future success and broad community engagement.

We have a well-rounded marketing plan that includes paid and in-house marketing efforts to highlight the Downtown area and how wonderful it is! We have a year-round
schedule of well-attended and community focused events
to bring the community together.

Marketing &
Promotion
Economic
Development
Community
Engagement
Special Events
Champions for
our Community

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Revitalization &
Transformation

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The Goals & Objectives for the DBC for the past few years have been a fusion of the items outlined in the MOU with the City of Brentwood, strategies formed based on our education and training from Main Street America, surveys and feedback from the community and our members, as well as Board of Directors input and observations. The MOU and Scope of Work for the Executive Director was translated into a “checklist” and we are pleased to report that every objective was achieved as it relates to the MOU.

The full MOU can be found in the appendix of this report. Here are a few highlights:

Achieve recognition as a Nationally Accredited Main Street Organization as well as a California Main Street program, which represents a commitment to continual improvement, community engagement, and rigorous outcome measurement. This recognition offers national recognition and sends a strong message to local stakeholders, as well as city, state, and national funding. More than a piece of paper, this award recognizes transformative strategies that have been created, implemented, and nurtured so we can shape downtown for our community.

Improve relationships and collaboration with businesses, service clubs, nonprofits, stakeholders, and the community. DBC built a strategic work plan that includes partnerships with groups like Harvest Time, Working Wonders, Mothers of Brentwood, and many others to deploy programs and initiatives that serve the local community while promoting Downtown as a great place to work, play and visit! Elevate Special Events, Promotions and Marketing Campaigns to increase visibility and positive image of the City and the Downtown. These goals are at the forefront of the DBC’s work. A strong focus in this area is the driving force behind the increase in foot traffic and the economic boost Downtown has seen in the past 2 years. As a result of the increased marketing and branding initiatives, the DBC has seen recordbreaking attendance numbers and engagement from the community. Nearly every marketing piece for the DBC is done in-house, and is tailored to highlight the small business members and nonprofit partners.

Business Support and Recruitment: The caliber of businesses in Downtown continues to improve with their expanded offerings, and DBC does daily promotion of activities, events and highlights for the community to enjoy. DBC continues to strengthen and craft it’s ongoing work plan to engage the community and promote the entrepreneurial spirit of the small businesses in the Downtown area.

Goals & Objectives

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A few Promotional and
Programming examples

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Organizational Rebranding and
Marketing Strategy
Prior to 2022 Current
The DBC has taken steps to implement an aggressive rebranding strategy, not only for the organization, but for Downtown overall.

The new strategy focuses on Downtown as a destination and as an experience. It showcases the vibrant and growing community we serve today, while keeping the historic charm at the center.

This new approach to marketing and promotion for downtown has been incredibly effective, and it has lead to a significant increase in our marketing and social media reach, to bring visitors to downtown.

Follow us @downtownbrentwood
Facebook Visits
+401.4%
2020- 3,876 followers
2023 -10k+ followers
2020- 8,000 visits
per year
2023 - 67,000 visits
per year

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For the purposes of this report, we will call 2022-2023, Year One. This was the first full calendar year, that the DBC had an Executive Director through the MOU and partnership with the City of Brentwood. The current Executive Director’s tenure began in mid December of 2021.

In year one, the focus was on team-building, strategic planning and rebranding.

Getting to know the lay-of-the-land, from the inside-out helped us create strategies that were meaningful and effective for economic development in Downtown.

The DBC Board started the year with a strategic summit to build the framework for new membership benefits and products that would have a greater impact for the small businesses the DBC supports. The first Affiliate Membership and Nonprofit Partnership offerings were created and launched along with the Downtown Core Membership. The new membership year began on July 1st 2022. It was exciting for the organization to branch out and support more small businesses just on the outskirts of the downtown core. Given that the local economy was (and is) still recovering from the Covid-19 Pandemic, these new levels of support were enthusiastically received by the newly eligible small businesses.

We brought back Oktoberfest in October of 2022 for the first time since before the pandemic, and were met with a record breaking attendance level estimated at over 15,000 locals and out-of-town visitors. An important aspect of our work plans included putting families first, and gearing our events and programs towards their needs and desires, as they represent the largest demographic in Brentwood.

Forging stronger and more collaborative relationships was the primary goal for 2022.

Meeting frequently with stakeholders and getting feedback from the community, we launched new events and programs to re-connect the community with the history and charm of Downtown, while spreading awareness of the quality and variety of shops, stops and services offered in Downtown. Branding, messaging and plenty of marketing & advertising were deployed to reach the community in new and meaningful ways.

New strategic work plans and marketing plans that followed the Main Street Four Point Approach were designed and implemented in year one.

In 2022, the DBC established a new vision and mission, which was embraced by the members and the community, setting the stage for a transformation.

Year One | Highlights

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Building a more
collaborative and dynamic
Downtown Community

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The DBC wrote for, and was awarded City of Brentwood Economic Development grants for a few key initiatives including: The first ever 4th of July Drone Show, the We Love Local -Free Mobile Passport for visitors and locals, and the annual Oktoberfest.

These Economic Development initiatives, along with existing programs and other special events elevate the perception of Downtown and of Brentwood overall, with additional benefits like: creating a sense of hometown pride, being in greater alignment with the needs of the community today and significant revenue boosts to the small businesses and our local economy. The We Love Local Pass was not only a great way to connect U-Pick visitors with downtown, but it also served as a way for us to strengthen our relationship with our members, partners and local community. Over 80 businesses participated in We Love Local mobile pass program. It was the foundation for the entire We Love Local campaign that was launched in 2023 which included paid marketing, community outreach and even a feature at the closing of the Light Up the Night, 4th of July Drone Show.

Gaining new customers and increased foot traffic for our members was an organizational goal for 2023 and a commitment to our member businesses. In post event and program surveys, the downtown businesses reported record breaking revenues for their businesses. Some quadrupling sales during the same times in similar years. The mobile passes and programs deployed in 2023 were analyzed and used to fine tune our events, programs and future planning. This momentum and focus on marketing and advertising became the catalyst for high-quality new businesses and restaurants desiring space in our once, very vacant downtown. We welcomed over 15 new businesses in 2022-2023 including Locanda Capri, The Yard, California Gleamin’, Chrome Coffee, Vibe, Soiree Love, The Brentwood Emporium, and Salt & Fig to name a few.

By 2023 we saw vacancy in Downtown drop to Zero, and we saw our membership grow to over double what it had been prior to the existence of the MOU and Executive Director position. As a Downtown community, we are pleased with the foundation and momentum that the first two years have produced, but we believe the best is yet to come.

The second year of the MOU was dedicated to deploying the transformation strategies that were required to give Downtown the support and economic boost it needed following the pandemic. We implemented new and innovative approaches in our marketing, promotion, small business support and events.

Once the framework was established, the DBC began increasing marketing and advertising for Downtown as a cherished, local amenity for all, as well as a wonderful piece of the Ag Tourism experience. We worked with the City in 2023 to take steps towards developing a Downtown hub/visitors center and DBC office space to continue to build on these initiatives.

Year Two | Highlights

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Where the Community
Comes Together

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Advertising &
Promotion
Facts & Figures
Sponsorship
2019
Sponsorship
2023
$5,000 $68,000
Membership
2019
Membership
2023
Around 36 members over 85 members
Highest event
attendance
2023 Oktoberffest
over 15,000
Vacancy in
2023
ZERO - in the
downtown core
Volunteer
hours
over 3,770 hours in
2023
over $50k in
the past 2 years
Event related
visits
over 32,000 visitors
enjoyed dbc events
in 2023

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Event Expenses
over $175k in 2023
Reinvesting in Downtown

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Funding Highlights
2022-2023
City of Brentwood
Economic Development Grant Awards reinvested
$83,000
$70,000
Funding DBC receives
per year of the MOU for
Executive Director
position
$12,000
In membership
dues per year
$300 - Downtown Core
$99 - Downtown Affiliate
$79 - Nonprofit Partner
$97,000
In Sponsorship, raised and
reinvested in Downtown
programs and events
2022-2023
$65,000
Raised via Event Ticket
sales, & reinvested in
Downtown support
programs & events
2023

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Grants
Sponsors
Special Events
Special Events
MOU
Membership

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The Downtown Brentwood Coalition (DBC) events and community outreach initiatives are a vital part of Downtown vibrancy, new & increased foot traffic, and they strengthen our partnerships with local nonprofits, students and families.

In 2023, over 3,770 hours of volunteer work were performed in the community as a direct result of DBC's events and programs The DBC's events have also been a major attraction, with approximately 32,000 event-related visits to Downtown in 2023, up from 24,000 visits in 2022.

An organizational priority for the DBC is to support and uplift local nonprofit partners. They do important work in supporting our community’s growing needs, and often provide services that locals need but otherwise would not have access to. Over the past two years, 12 nonprofits have been supported and promoted by the DBC in partnership. In 2023 DBC partnered with Working Wonders for the Downtown Shines project. In which local adults with disabilities work alongside DBC staff & volunteers on beautification projects and community outreach initiatives. The program provided paychecks for the Working Wonders clients, along with jobs skills training. Downtown businesses and the community benefitted from having a litter-free downtown, plus it was a joy to work alongside the crew each Monday!
The DBC provides complimentary booth space at its events to its members and nonprofit partners. We actively look for ways to highlight our partners through our events. For example, we designed a complimentary pop-up gallery for our friends, the Art Guild of the Delta at the 2023 Oktoberfest. At the Santa Crawl we collected a substantial amount of non-perishable food and blankets for our friends at Hijas Del Campo and the Brentwood Regional Community Chest.

Event expenses have risen dramatically in the past three years. Rental costs, sanitation and other critical services have taken a steep hike which makes fundraising and event planning much more challenging. The expenses for an event like a large festival such as Oktoberfest, for example, are over $84,000 and require over 250 volunteers.

In 2024. we will be looking at ways to keep events free/accessible while keeping the the quality of the events high for the community. We understand that all nonprofits are experiencing these same challenges, and we plan to work more collaboratively with our partners to find ways we can team up to keep the most impactful ones going.

Event Planning & Community Engagement

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Special Events
Car Show
Cornhole Tournament
& Military Tribute
Light Up the Night
4th of July Drone
Show
Wedding/Valentine’s
Events
Bubbles & Wine Walk
Broomsticks
Before the Bird / Retail Event
Santa Crawl
MamaPalooza
Our vision for our special
events is to provide
memorable, high-quality
experiences that locals and
visitors will carry with them
for years to come. Events
are a great way to
introduce visitors to the
variety of shops, stops and
experiences found in
Downtown.

Page 21 ends

We Love Local

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Conclusion & A Look Ahead
Conclusion
As the current MOU for the Executive Director role expires on June 30th 2024, we are planning our 3-5 year organizational goals in the hopes that this work can continue, and that Downtown and the community at large might see even more fruits of this labor in the years to come. The DBC plans to request for continued support from the City of Brentwood in preparation for the expiration of the existing MOU. The partnership has demonstrated significant impact to the local economy and has shown itself to be an important piece of making life in Brentwood, better.

In 2024 the DBC will focus on building a home in Downtown at 648 Second Street, the historic treasure, known to many as the Brentwood Women’s Club building. We will work towards finding additional grants and funding to restore the building, while making it ADA accessible so it can be enjoyed by the community as a future hub for visitors and locals alike. From here, we can continue to build on the successes of the past and better support the small businesses and the community.

The DBC plans to continue to fine tune and fortify it’s member support initiatives through even more collaboration, promotion, and technical support. We are inundated with inquiries by businesses looking to find a home in Downtown. So now we turn our attention to design and making the most of the space we have, while working hand-in-hand with the City to pave the way for future economic development that maintains the history and charm that gives Downtown it’s unique character. We look forward to continuing our transformation efforts in 2024 and beyond.

A Look Ahead
The Downtown Brentwood Coalition has found incredible momentum to support and stimulate the local economy in Downtown Brentwood. This impact would not have been possible, were in not for the support of the City of Brentwood through the existing MOU and partnership that has been cultivated over the past few years. The guidance and innovative strategies gleaned from the California and National Main Street America organizations training and education have played an important role in developing our Organization’s program and impact. We have seen unprecedented successes in small business development, revenue increases and broad community support for the place we are shaping together. It has been a privilege to serve the small businesses, stakeholders and partners in these transformational efforts. But, the work is far from over...

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Bringing the past, present
and future together.

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We would like to thank our sponsors, supporters and cheerleaders who have embraced our shared vision of making Downtown the most welcoming and community-oriented space in Brentwood. Your support has played a crucial role in the increased vibrancy and vitality we are enjoying as a community. From volunteers, City staff and City Council, to past and present Board members, each of you have been a valued part of this journey.

Thank You!
Acknowledgements
Some of our Top Financial & Fundraising Supporters in
2022-2024
THANK YOU!
Thank you
City of Brentwood

Page 25 ends

Thank you MSA and CAMS for
your partnership!

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Appendix
MOU & Scope of Work

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CA\Agreements|2021/014.2
1 MEMORANDUM OF UNDERSTANDING

BETWEEN

DOWNTOWN BRENTWOOD COALITION

AND THE CITY OF BRENTWOOD
This Memorandum of Understanding (“MOU”) is entered this ____ day of _____________ 2021, and effective on July _____, 2021 (“Effective Date”), by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and Downtown Brentwood Coalition, a 501(c)(6) non-profit corporation in the State of California (“Coalition") (each a Party, and collectively, the “Parties”) for delivery and administration of the Main Street America Accredited Member program for Downtown Brentwood, including but not limited to downtown district and downtown events promotion, destination tourism, downtown area district and membership management.

RECITALS
A. Downtown Brentwood is the historical commercial and entertainment focused heart of Brentwood, comprising of the areas generally defined by the City of Brentwood Downtown Specific Plan, and incorporating surrounding commercial development areas and residential neighborhoods that support the economic and cultural vibrancy of the community, attached as “C-1 Downtown Specific Plan Boundary” as part of Exhibit “C” which is attached and incorporated into by this reference (“Downtown Brentwood” or “Downtown”).

B. Since 2008, the Coalition, representing a group of Downtown business owners, began the process of advancing Downtown Brentwood as a destination, including promoting the identity and brand of the Downtown area, promoting Downtown’s key attributes, and its members.

C. On July 09, 2013, the Coalition became a mutual benefit corporation with the State of California for the purpose to enhance economic growth of the Downtown area by focusing on education, promotion, and development of the business community, and those areas of the community affecting businesses.

D. In 2019, the Coalition was recognized by Main Street America as an Affiliate Program Member for meeting the standards of performance for the program.

E. The Parties seek to designate Downtown Brentwood, through the efforts and direction of the Coalition, as a Main Street America Accredited Member, which includes meeting rigorous national program performance standards and achieving meaningful revitalization for Downtown.

NOW, THEREFORE, IT IS HEREBY AGREED by the Parties as follows:

1. Responsibilities of the Coalition. Along with the terms and conditions of this MOU, the Coalition agrees to be responsible for and complete those items set forth in the attached Exhibit “A,” which is incorporated by this reference.

2. Responsibilities of the City. Along with the terms and conditions of this MOU, the City agrees to be responsible for and complete those items set forth in the attached Exhibit “B,” which is incorporated by this reference.

3. Relationship of the Parties. The Coalition is free from the control and direction of the City, in pursuit of the Coalition’s independent calling, and not as an employee of the City. It is understood that this is a MOU by and between independent contractors and is not intended to, and will not be construed

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2 to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of independent contractor. Any persons used or hired by the Coalition to provide services under this MOU will not be considered employees of City for any purposes whatsoever.

4. Term. This MOU will commence on the Effective Date and, unless terminated earlier pursuant to this MOU, will terminate June 30, 2024.

5. Payment. For the term of this MOU, the City Council will provide payments as more explicitly outlined in Exhibits “A” and “B,” in an amount not to exceed $190,000. The Coalition will be responsible for any additional programs, activities, and services not identified in this MOU, or as provided for in Exhibits “A” or “B.” The Coalition will invoice City monthly for the services identified in Exhibits “A” and “B.”

6. Indemnity. Coalition will hold harmless, defend and indemnify City, its officers, agents, volunteers and employees from and against any and all claims, demands, costs or liability including attorney fees arising out of or in any way connected with the performance of this MOU, caused in whole or in part by any act or omission of the Coalition, any of its subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except to the extent caused by the active negligence, sole negligence, or willful misconduct of City.

7. Insurance. Each Party will maintain comprehensive general liability insurance in the amount of one million dollars ($1,000,000) combined single limit to protect the Parties, their officers, employees and agents against claims for bodily injury, and property damage arising from any Party’s participation in the activities described herein. The form of such insurance will be satisfactory to each Party and may include self-insurance at levels acceptable to all Parties. Each Party’s policy or policies will name the other Party as an additional insured. This Section 7 will survive the expiration of this MOU.

8. Non-discrimination. The Parties will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment.

9. Entire Agreement. This MOU and its Exhibits “A,” “B,” and “C” contain the entire understanding and agreement of the Parties, and all oral or written representations, understandings or agreements are expressly stated in this MOU. In case of a conflict between the terms of this MOU and any Exhibit attached, the terms of this MOU will prevail. No testimony or evidence of any such representations, understandings, or covenants will be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this MOU.

10. Amendments. Changes to the terms and conditions of this MOU will be made only by written amendment signed by the Parties.

11. Notices. All notices with respect to this MOU will be given in writing by first class mail to the Parties, or to such other persons’ addresses or telephone numbers as the Parties may designate in writing from time to time as follows:

City: City of Brentwood
Attention: Joshua Ewen, Senior Analyst
City Manager – Economic Development
150 City Park Way
Brentwood, CA 94513
Coalition: Downtown Brentwood Coalition
Attention: Peter Jacoway, President
235 Oak Street
Brentwood, CA 94513

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CA\Agreements|2021/014.2
3 Notice will be deemed effective on the date personally delivered or, if mailed, 3 days after depositing it in the United States Mail. Coalition must notify City within 14 days of any change to its mailing address.

12. Termination. Either Party may terminate this MOU at any time after a discussion and delivery of written notice to the other Party, with such termination effective immediately. In the event of termination of this MOU, any unexpended funds will be returned to the Party that has contributed them.

The Coalition shall relinquish all materials and files related to this MOU and Main Street America to the City upon termination.

13. Assignment. Neither Party will assign any right or obligation pursuant to this MOU without the written consent of the other Party. Any attempted or purported assignment without the written consent of the other Party will be void and of no effect.

14. Third Parties. This MOU does not confer any benefits to any third party.

15. Jurisdiction and Venue. Any action at law or in equity brought under this MOU for the purpose of enforcing a right or rights provided for by this MOU will be tried in a court of competent jurisdiction in the County of Contra Costa, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county.

16. Pandemic Health Laws. The Coalition agrees to comply with all local, state, or federal laws that have been or may be enacted in response to the COVID-19 pandemic (collectively, “Health Laws”), which include all of the County of Contra Costa Health Orders. Failure to fully comply with the Health Laws constitutes a material default, subject to all available remedies including suspension or termination of the MOU.

17. Paragraph Headings. Paragraph headings are used for convenience only and will not be deemed to be a part of such paragraphs and will not be construed to change the meaning of the paragraphs.

18. No Waiver. Waiver by either Party of any default, breach or condition precedent of this MOU will not be construed as a waiver of any other default, breach or condition precedent or of any other right under this MOU.

19. Severability. If any term, provision, covenant, or condition of this MOU is ruled invalid, void, or unenforceable by a court of competent jurisdiction, this MOU will nonetheless remain in full force and effect as to all remaining terms, provisions, covenants, and conditions.

20. Maintenance of Records. Coalition will maintain complete and accurate records with respect to costs incurred under this MOU for forty-two (42) months from the date of execution of the MOU. All records will be clearly identifiable.

21. Signatures.

21.1 Counterparts. This MOU may be executed in two or more counterparts, each of which together will be deemed an original, but all of which together will constitute the same instrument.

21.2 Digital/Electronic Signatures. Using a City-approved method, this MOU may be executed through the use of digital or electronic signatures in accordance with Government Code Section 16.5. The presence of an electronic signature on this Agreement will be construed as the Parties’ consent to do business electronically.

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CA\Agreements|2021/014.2
4 22. Authority. The individuals executing this MOU represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this MOU on behalf of the respective legal entities of the Parties.

Downtown Brentwood Coalition:

By:

Peter Jacoway,
President
By:

Rebecca Bloomfield,
Vice President
City of Brentwood:

By:

Tim Y. Ogden, City Manager
ATTEST:

By:

Margaret Wimberly, City Clerk
APPROVED AS TO FORM:

By:

Damien Brower, City Attorney

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CA\Agreements|2021/014.2
5 Exhibit A
Coalition Responsibilities

1. Administration and Main Street America Program:

A. The Coalition, its Board of Directors (“Board”) and its appointed representatives are solely responsible for administrative operations of its organization. This responsibility includes, but is not limited to, the development and revision of the following key functions and documents:
x Coalition Articles of Incorporation: The Coalition has the sole responsibility for all Coalition Articles of Incorporation as per State and Federal rules and guidelines. The Coalition will provide a copy to the City annually.
x Coalition Bylaws: The Coalition has the sole responsibility for all bylaws of the Coalition which includes regular or as needed revisions. The Coalition will provide a copy to the City annually.
x Coalition Financial Statements/Records: The Coalition has the sole responsibility for all financial monthly reports and records, including the annual filing of Federal, State and City required documents. Failure to file such documents and maintain 501(c)(6) non-profit status will result in the termination of this MOU. The Coalition will provide the City an annual financial report.
x Coalition Elections/Directors: The Coalition has sole responsibility for all aspects of the Coalition Board elections, including selection of the slate of officers, ballot preparation and mailing, ballot collection, ballot counting, and verification of ballot results as defined in the Coalition Bylaws.
x The Coalition is solely responsible for maintaining its own mailing address and, as is further detailed in section 11 of the MOU, notifying the City of any address changes in writing within 14 days of the change.
x Coalition Board Meetings: The Coalition has sole responsibility for all aspects of its Board meetings including: scheduling, drafting and posting agendas, taking minutes, and preparing Board packets.

B. The Coalition will become a Main Street America Accredited Member, meeting specific national standards and requirements. The Coalition will maintain in good standing the Main Street America Accredited Member status throughout the Term of the MOU. The Coalition will provide the City licensing access to the Main Street America program.

C. The Coalition will recruit, hire and retain its own personnel. In exchange for City financial assistance, the Coalition will hire a full time Executive Director / Downtown Manager to serve as the Executive Director for the Main Street America Program. The Executive Director / Downtown Manager reports directly to the Brentwood Main Street/Downtown Business Coalition Board of Directors, and is responsible for the implementation of Downtown projects, programs and special events. The Executive Director / Downtown Manager will support these efforts utilizing the California Main Street and National Main Street’s philosophy (Four Point Approach) as the foundation for a successful and vibrant Downtown. The Executive Director / Downtown Manager will serve as the central liaison and advocate for the Downtown, and will work closely with the California Main Street Association, National Main Street Association, City of Brentwood, Brentwood Chamber of Commerce, civic groups, Downtown stakeholders, as well as the community, in order to facilitate the completion of annual goals and activities set by the Board and the City.

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CA\Agreements|2021/014.2
6 The hired personnel will perform the following on behalf of the Coalition:
x Develop and maintain effective relationships with Downtown business owners, Downtown property owners, community groups, public officials, City staff and the public. x Respond to and resolve sensitive inquiries within the Downtown. x Make presentations to a variety of community groups, thereby promoting Downtown programs and events and developing and strengthening relationships with various organizations.
x Develop and maintain social media efforts including media announcement and marketing initiatives.
x Attend monthly Coalition meetings and report directly to the Board of Directors. x Meet monthly, at minimum, with City representatives.
x Report to the City of Brentwood City Council and City staff, as requested. x Attend training sessions/workshops/webinars related to California Main Street and National Main Street Associations.
x Oversee and administer complete oversight of special events and activities in the Downtown including coordinating a volunteer workforce and evaluating the work of assigned volunteers.
x Prepare, negotiate, review and administer contracts and grants for program operations; ensure that grant and budgetary guidelines are followed; coordinate with grant agencies to provide compliance reporting.
x Member advocacy and promotion/membership expansion.
x Accounts payable and receivables, membership dues and billing. x Contribute to the overall effectiveness of the Coalition and Downtown Brentwood by developing and coordinating work teams/committees, and by reviewing, recommending and implementing improved policies and procedures.
x Conduct analytical studies within the Downtown; develop and review reports and findings; keep well maintained and accurate records and files.
x Maintain a Downtown property and business database.
x Ensure compliance with California Main Street and the National Main Street Associations’ continued requirements for accreditation.
x Create revenue generation through event sales, sponsorships and other identified means of revenue development.

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CA\Agreements|2021/014.2
7 2. Membership:

The Coalition is responsible for determining annual membership dues/fees including what, if any, rights and/or privileges are associated with membership.

3. Fundraising, Events, Membership Dues and Fund Development:

The Coalition is primarily responsible for the selection, development, and implementation of all of its fundraising, events and fund development activities. This includes the completion of all administrative requests, forms, permits, and/or payment of various fees/charges required by the City and/or other County and State agencies, as necessary.

The Coalition agrees to research and enact fundraising options and financing programs to alleviate and/or remove the City’s annual financial contribution by or at the time of expiration of this MOU.

This may include funding sources from fundraising, events, membership dues or other forms of fund development. The City and Coalition will meet annually, at minimum, to evaluate fund development efforts in order to eliminate the City financial contribution.

4. Coalition Administrative Office and Destination Tourism Office:

The Coalition and City will partner to find a suitable office location for the Coalition and Executive Director / Downtown Manager during FY 2021/2022 in order to meet the requirements of the Main Street America program.

The Parties may, upon mutual agreement, amend this MOU or enter into other forms of agreement for the Coalition to open, manage, operate and promote a Downtown tourism destination office that is open to the City, Coalition, Coalition members and the visiting public during normal business hours conducive to tourism related operations. In exchange for City financial assistance to be approved under an amended MOU or separate agreement, the Coalition will assist the City in promoting regional and Downtown tourism, and will work with regional tourism agencies to attract visitors into the Downtown through the tourism office.

5. Performance Standards
The Coalition will meet certain performance standards to advance the goals of the City, which may include, but is not limited to:
x Review of membership program, membership tiers and fee structure. x Increase businesses to memberships ratio and focus on membership diversity. x Increase membership participation and buy-in with the Coalition Board. x Host Coalition events to the benefit of its members and the City. x Coordinate with the City for downtown improvements and improved downtown cleanliness. x Review and implement the boundaries of downtown and the Coalition, including expansion of the downtown core to improve membership reach and drawing power of Downtown. x Aim for a 100% retail building occupancy rate.
x Create and implement a marketing and social media program. x Focus promotion, marketing and advertising to increase foot traffic and sales for members. x Launch joint marketing tourism campaign with the City and affiliated partners, including Better in Brentwood and regional agritourism groups.
x Create a patriotic and holiday seasonal uniformed downtown experience along with the City. x Promotion and preservation of the history of Downtown and the Brentwood community.

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CA\Agreements|2021/014.2
8 Any activity, function or service not specifically mentioned in Exhibits “A” or “B” are the responsibility of the Coalition, which can be changed upon a separate written agreement between the Parties.

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CA\Agreements|2021/014.2
9 Exhibit B
City Responsibilities

1. Main Street America
The City will assist and support the Coalition in becoming a Main Street America Accredited Member, including providing City staff administration services, assistance with program accreditation fees and other administrative services to certify as Accredited status. The City will support the goals and objectives of the Coalition and that of the Main Street America program. The Coalition will maintain in good standing the Main Street America Accredited Member status.

2. Executive Director / Downtown Manager Position
The City will provide financial assistance to the Coalition for the hiring and employment of an Executive Director / Downtown Manager. The financial assistance provided by the City can be used for personnel costs including wages, salary, payroll, benefits, and/or other direct administration costs as deemed acceptable by the City, in an amount not to exceed the following per fiscal year:

July 1, 2021 to June 30, 2022 - $50,000
July 1, 2022 to June 30, 2023 - $70,000
July 1, 2023 to June 30, 2024 - $70,000
The Coalition will invoice the City monthly for actual costs incurred and the City will provide payment on a reimbursement basis. The Coalition acknowledges that City financial support is not guaranteed following expiration of this MOU.

3. Coalition Office and Destination Tourism Office:

The Parties may, upon mutual agreement, amend this MOU or enter into other forms of agreement for the Coalition to open, manage, operate and promote a downtown tourism destination office that is open to the City, Coalition, Coalition members and the visiting public during normal business hours conducive to tourism related operations. In exchange for City financial assistance to be approved under an amended MOU or separate agreement, the Coalition will assist the City in promoting regional and Downtown tourism, and will work with regional tourism agencies to attract visitors into the Downtown through the tourism office.

The City owns and operates real property and buildings in the Downtown core. Should the Coalition occupy a City owned facility, the City may require execution of a separate lease agreement to be later approved by the City Council.

Any activity, function or service not specifically mentioned in Exhibits “A” or “B” are the responsibility of the Coalition, which can be changed upon a separate written agreement between the Parties.

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CA\Agreements|2021/014.2
10 Exhibit C
Main Street America – Downtown Brentwood Coalition Maps C-1 Downtown Specific Plan Boundary
C-2 Downtown Brentwood Coalition Membership Boundary

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CA\Agreements|2021/014.2
11 C-1 Downtown Specific Plan Boundary

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Do w
DO
INTR
ntown Sp

WNTOWN S

RODUCTION
ecific Pla

SPECIFIC P
n

LAN AREA

Page 10 ends

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CA\Agreements|2021/014.2
12 C-2 Downtown Brentwood Coalition Membership Boundary

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CITY COUNCIL AGENDA ITEM NO. H.2
01/09/2024
SUBJECT: Discussion of Parks and Recreation Special Event Process DEPARTMENT: Parks and Recreation
STAFF: Bruce Mulder, Director of Parks & Recreation
Thien Nguyen, Recreation Manager
Amanda Chaney, Recreation Supervisor

TITLE/RECOMMENDATION
This report is intended to provide background about the existing Parks and Recreation Department’s Special Event process and to share with the City Council the research, feedback, and recommendations from community stakeholders for potential changes to the process. This staff report references discussion and direction City Council provided to staff at the June 27, 2023 City Council Meeting. Staff recommends the Council receive this report and provide feedback on the suggested changes.

FISCAL IMPACT
The City of Brentwood’s current external Special Event process incurs costs that are not passed along to the event host. The costs include Recreation staff assigned to work the event (i.e. event requirements and facility operation support, part-time parking garage attendants, etc.) and overtime costs for Public Works staff, vehicles and equipment for street closures. As an example, an average street closure cost in 2023/24 includes the cost of staff time for City full-time Public Works staff and use of equipment of approximately $905. This cost is calculated using the salary and benefit rate of full-time Public Works staff members outside of their regular working schedule and cost of the use of equipment.

The General Fund provides the funding for City staff for Special Events. If any of the recommendations for additional fees for Special Events are approved, the revenue would be recorded in the General Fund.

BACKGROUND
The Brentwood Municipal Code (“BMC”) provides definitions and policy for the regulation and use of parks and recreation facilities to “provide maximum enjoyment in the use of such parks and facilities and reduce disturbance or interference with the

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CITY COUNCIL AGENDA ITEM NO. H.2
01/09/2024
use of surrounding areas” (BMC 7.02.080). The BMC, available online at Brentwood, California Municipal Code (qcode.us), also outlines policies on how to obtain a permit, meaning “a written permit for the permitted use or exclusive use of a park, facility, or other city property”. From these policies, the Parks and Recreation Department creates procedures to execute this direction. Special Event applications, requirements, and more information is available online (Special Event Permits | Brentwood, CA (brentwoodca.gov) and/or by contacting the Parks and Recreation Department. Basic definitions of Special Events and the Special Event Process summary including information about City’s Special Event Review Team [SERT] team is included (Attachment 3) for reference.

On June 27, 2023, City Staff provided an update about the Special Event process to City Council. This update was in response to a number of factors influencing the Special Event process including:
 Increases to the number of events in downtown Brentwood and City Park  Staff time and resources being committed to these events  Street closures
 Use of facilities impacting surrounding businesses and residents  Conditions of facility amenities (i.e., turf and landscaping)  Trash and clean up
At the June 27, 2023 meeting, the City Council discussed many of these items and directed staff to collect additional information and return with suggestions and options for improving the Special Event process.

Some items that the City Council requested staff to explore are already in place and/or are currently being addressed in tonight’s item. These items include highlighting and placing more emphasis on existing conditions of permits (waste management plans, conditions to revoke permit, etc.) and communicating with other divisions and parties in regards to special events (park maintenance, vendors, school district, notifying businesses of street closures, etc.). Other items requested will be implemented over time and/or need additional City Council direction.

For simplification, City Staff’s categorized City Council direction into “Attachment 2” including all items Council mentioned at the June 27, 2023 meeting, estimated timeline to implement/execute, and additional notes related to each item.

Some additional steps City Staff have taken in reviewing the Special event process, since the June 27, 2023 Meeting include:

1. Benchmarking fees and procedures with other agencies in the area with a similar population to the City of Brentwood (Attachment 6).

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CITY COUNCIL AGENDA ITEM NO. H.2
01/09/2024

2. Hosting a Special Events Stakeholder meeting on November 8, 2023, for organizations that have gone through the Special Event process in the past two years and receiving feedback regarding proposed updates to the Special Events process.

3. Presenting to the Park and Recreation Commission the current Special Event process and receiving feedback and proposed changes in November 2023.

4. Hosting two business meetings to receive feedback and input from downtown businesses in December 2023.

5. Updating the Special Events Application.

Feedback received from stakeholders and business community meetings are summarized in Attachment 5. For tonight’s City Council Meeting, City Staff is requesting that the City Council receive this update about Special Events and to provide feedback and direction on the items included in the table on the next pages.

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CITY COUNCIL AGENDA ITEM NO. H.2
01/09/2024
City of
Brentwood
Current
Practice
Staff Recommendation Alternative Option Notes
Refundable
Cleaning/Damage
Deposit for All
Special Events
No Fee
Implement
cleaning/damage
deposits ($500-$1000)
Charge Renter pre or
post-event fees and/or
research and assess
other fees
Recommendation is
based on Comparable
Cities Research
(Attachment 6)
Assessment of
Staff Fees for
Parks &
Recreation Staff
No Fee
Apply Part-Time Staff Fee
on a per hour bases to all
Special Events**
Full Cost Recovery,
incorporate fee into
application fees, or
continue to pilot this
fee with no cost to
applicant**
City Staff is currently
"piloting" having PartTime Staff at events,
with no cost to
applicant, since Council
Direction on 6/27/23
(when staff has been
available)
New Street
Closure Fees
No Fee
Implement street closure
fee/ per closure
($200- $400)*
Full Cost Recovery of
Public Works Streets
Staff Overtime** or
make equal to
Temporary Use Permit
costs ($981)
Recommendations are
based on average cost
of City Street Closure of
Public Works Staff and
feedback from
Stakeholders
(Attachment 5)
"Additional" reoccurring BlackOut Dates in City
Park and
Downtown
Brentwood
Streets
Staff is
"piloting"
having City Park
four (4) week
Spring Closure
for Turf
Maintenance
for 2024
Continue to pilot City
Park closure for 2024 and
return to City Council if
needed with more data
on conditions of turf.

Explore additional (1-3
month) black-out
dates in City Park and
downtown Brentwood
to include one
consecutive
Saturday/Sunday each
month but for
Farmer’s Market
City Park Turf
maintenance is
impacted not only by
volume of Special Event
permits, but also City
Park permitted and
community use,
weather, and seasonal
changes.

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CITY COUNCIL AGENDA ITEM NO. H.2
01/09/2024
*These fees are based on research comparison of surrounding Cities and similar sized Cities to Brentwood. It is important to note that these fees will need further discussion as it pertains to the Farmer’s Market due to the their weekly events and they are one of the few groups who execute their own street closures. **All hourly fees will be based upon hourly costs found in the City’s Cost Allocation Plan
Following feedback from the City Council, City Staff intends to come back to City Council for approval of future fees to be included in the City’s Cost Allocation Plan and implementation timelines for the City Council to consider. Staff also intends to City of
Brentwood
Current
Practice
Staff Recommendation Alternative Option Notes
Consider
application
timelines based
on the number of
attendees
Current
application
submittal range
is 60 days
(minimum) and
18 months
(maximum) not
based on
attendees
Staff recommends no
change at this time.

Following
implementation of ongoing changes, Staff
can return to City
Council with more
recommendations, as
needed.

Special Events are all
unique, and City Staff
works with each
applicant closely within
the Special Event
Process.

Offer incentives
for use of
locations other
than City Park
With the
implementation
of blackout
dates the last 6
months of
2023, Staff saw
a natural
increase in
other venue
locations
Staff recommends no
change at this time.

Once any additional
fees are introduced to
Special Event process,
Staff can track
changes in requests to
use City Park, and
Downtown
Brentwood.

Staff will return to City
Council following
implementation of
changes to Special
Event process, as
needed. There may be
a natural decrease in
requests/events that
staff can monitor
before making further
changes.

Consider a
reduction of
Farmer’s Markets
street closures
City currently
approves
weekly
Farmer’s
Markets
Staff recommends no
change at this time.

Work with Farmer’s
Market to discuss
reduction of dates.

In the meetings held
with stakeholders and
downtown businesses,
there were no
recommendations to
reduce Farmer’s
Markets dates

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CITY COUNCIL AGENDA ITEM NO. H.2
01/09/2024
provide City Council with another Special Event update once more items have been implemented.

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. Attachment 1: Previous Action

2. Attachment 2: City Council Direction from June 27, 2023 with Staff Update Jan 2023

3. Attachment 3: Special Event Definition and Process Summary

4. Attachment 4: DRAFT - Special Event Application Update

5. Attachment 5: Feedback from All Stakeholder Meetings in 2023

6. Attachment 6: Research on Special Event Fees from Comparable Cities

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Attachment 1

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

On August 24, 2010, the City Council adopted Resolution 2010-113, which approved an amendment to the Use of City Funds Policy to clarify Policy requirements.

On January 13, 2015, the City Council adopted Resolution 2015-09 to streamline the request process, by removing the insurance requirements given that the rental of City Facilities already has insurance requirements, allowing the different Divisions within the County to each be considered a separate organization for approval purposes, and to revise the approval authority for the fee waivers and/or reduction requests within the Use of City Funds Policy.

On April 26, 2022, the City Council authorized a future agenda item request from Council Member Mendoza for City Council discussion of, and possible direction to staff, related to a policy and procedures for requests from Council Members or organizations they are involved with for grants, partnerships, and requests for anything of value from the City.

On August 9, 2022, the City Council adopted Resolution 2022-101, amending Council/Administrative Policy No. 10-12 (Policy and Procedures for Requests for Use of City Funds), to include an ineligibility period to reapply for City Funds for failure to abide by the rules and procedures set forth in the policy, add a new section to provide limits for City Council members and their families in regards to Donations, Fee Waivers, and/or Fee Reduction requests, and minor revisions for clarity and consistency.

On June 27, 2023, the City Council reviewed and discussed a report about Special Events in Downtown Brentwood. Following discussion, City Council motioned to direct staff to return with an overview with items specifically requested by Council to include, 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  Considering application timelines based upon number of attendees For example 300 attendees/1000 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

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Attachment 1
 An explicit security plan.
 Offer incentives for use of locations other than City Park.  Look at existing code that allows for the director to work with the Parks and Rec 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.

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Attachment 2
Motion Status Notes
Improving definition of revocation of a
permit
Implemented Added language to Special Event Application Ability to deny a past permitted, if
they’ve had a permit revoked
Implemented Language exists in current Special Event Application Ensuring a waste management plan is
submitted to meet state management
requirements (AB 939)
Implemented Language exists in current Special Event Application.

Solid Waste reports for the City of Brentwood.

An explicit security plan Implemented This is provided by Brentwood PD upon review with the SERT
Look at existing code that allows for the
Director to work with Parks and Rec
Commission to establish rules for events
Implemented Presented to Parks and Recreation Commission at the November 16, 2023.

Consider blackout dates for any new
events that have not currently
submitted an application
Implemented All dates not booked by 6/24/23 were blocked out for City Park.

Work with the School District to ensure
no conflicts with homecoming and
school sponsored dances
Implemented City staff currently work with BUSD and LUHSD for coordinating calendars. Some City events are booked
18 months in advance and the school districts do not
get their calendar that far out.

Grounds recovery plan and how often
events can be held and still maintain the
grass at City Park.

Implemented Parks staff has a block of time in the Spring reserved in City Park for maintenance of the turf.

Ensuring a command post is designated
on all plans
In process Adding language to Special Event Application requiring documentation upon submittal
Require a crowd control plan and
cleanup plan for each event
In process Adding language to Special Event Application requiring documentation upon submittal
Consider working with existing permit
holders relating to competing with
businesses that might be located on
streets if they are located directly
adjacent to an existing business.

In process Adding language to Special Event Application

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Attachment 2
Motion Status Notes
Properly notify businesses regarding
when events are approved and when
they will occur so that they can better
prepare
In process The event host is responsible for notifications to businesses and property owners. They City has been
posting street closures on social media as an
additional opportunity. City Staff is working on a
template to provide to event hosts for them to
distribute no later than 2 weeks prior to their event.

Proper notification of street closures to
property and business owners
In process The event host is responsible for notifications to businesses and property owners. They City has been
posting street closures on social media as an
additional opportunity. City Staff is working on a
template to provide to event hosts for them to
distribute no later than 2 weeks prior to their event.

Strict compliance to anyone without a
permit where legally feasible
In process Need assistance from PD and Code Enforcement Consider application timelines based on
the number of attendees.

Staff recommends no change at this time Current application submittal range is 60 days (minimum) and 18 months (maximum) not based on
attendees. Staff will return to City Council following
implementation of changes to Special Event process,
as needed.

Offer incentives for use of locations
other than City Park
Staff recommends no change at this time With the implementation of blackout dates the last 6 months of 2023, we saw a natural increase in other
venue locations. Staff will return to City Council
following implementation of changes to Special Event
process, as needed.

Consider a reduction of Farmer’s
Markets
Staff recommends no change at this time In the meetings held with stakeholders and downtown businesses, there were no
recommendations to reduce Farmer’s Markets dates.

Staff will return to City Council following
implementation of changes to Special Event process,
as needed.

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Attachment 3

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The City of Brentwood enjoys many varied special events throughout the year. These events are an important part of our community and add significantly to the quality of life for our residents and visitors. The City’s intent is to encourage high‐quality events that align with the City’s economic, civic, and community development goals and to beƩer serve and to conƟnuously improve the quality of life for the residents of the Brentwood Community. We have put together this document to assist you in planning a successful event.

In the City of Brentwood, “Special Event” is an which is scheduled to take place, in whole, or in part, on City property, including events which will be conducted on a City street, sidewalk, alley or other right of way, or other public areas.

Some events may include street closures, amplified music, admission charges, alcohol consumpƟon, sales of goods or services, unusually large numbers of people, or the use of City property and City personnel. These requirements each have separate permit costs, related fees and various departmental approval requirements.

When turning in your applicaƟon, you must:
 Complete the applicaƟon. Incomplete applicaƟons will not be accepted and will delay processing, which may affect the availability of your preferred event date and/or locaƟon.  Special Event ApplicaƟons accepted a minimum of 60 days prior to the event and no more than eighteen (18) months in advance of the event date. ReservaƟons for a special event may be made by contacƟng the Parks and RecreaƟon Department to schedule a special event appointment. At the special event appointment, a completed special event applicaƟon must be submiƩed, along with a payment for a non‐refundable applicaƟon fee. The fee is currently $54, and may be subject to change.
 The City accepts the following forms of payment: check, money order, MasterCard, Visa, Discover, and cash. Payments for non‐profit organizaƟons or public agencies must be drawn on the organizaƟon or agency account.
 Upon compleƟon of the special event appointment, your applicaƟon will iniƟate the review process for final approval of your request. A team comprised of representaƟves from City departments and divisions will meet to review your applicaƟon. You may be asked to submit addiƟonal supporƟng documentaƟon to your applicaƟon due to unique or changing circumstance related to the event.  AŌer the review process and your event is approved you will be issued a CondiƟons of Approval for your event. The CondiƟons of Approval issued by the City of Brentwood is valid only for the venue area(s) and event acƟviƟes including set‐up and teardown, depicted on your site plan described in your Special Event ApplicaƟon.
 Failure to comply with the CondiƟons of Approval may result in the immediate cancellaƟon of the event or denial of future Special Event ApplicaƟons.

Special Event Permit InformaƟon
Parks and RecreaƟon Office
(925) 516‐5444
35 Oak Street, Brentwood, CA 94513
brentwoodca.gov
ApplicaƟon Process
Attachment 4

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Parks and RecreaƟon Office (925) 516‐5444 35 Oak Street, Brentwood, CA 94513 brentwoodca.gov
Special Event ApplicaƟon
Applicant InformaƟon
First Name Last Name Date of Birth Gender: F
Address City State Zip Code
Primary Phone Number Secondary Phone Number Email Address Emergency Contact Name Emergency Contact RelaƟon Emergency Contact Phone Number OrganizaƟon InformaƟon (if applicable)
OrganizaƟon Name OrganizaƟon Phone Number OrganizaƟon Website OrganizaƟon Address City State Zip Code
OrganizaƟon Email Address Yes No 501(c)(3) DocumentaƟon Provided Type of Event (check all that apply)
Date(s) Requested
Day of the week: Month/Day/Year:

Set Up Start Time:
(event preparaƟon)
Event Start Time:
(guests arrive)
Event End Time:
(guests leave)
Event Clean Up End Time:
(event teardown)
 Arts/CraŌs Fair
 Block Party
 Business/Safety Fair
 Car Show
 Carnival/Circus
 CerƟfied Farmers Market
 Clothing/Food Giveaway
 Concert
 Egg Hunt
 Filming
 Fundraiser
 Movie in the Park
 Outdoor Retail Sales
 Parade/Procession
 Park FesƟval
 Parking Lot Sales
 Protest/Rally/DemonstraƟons
 Race/5K/Marathon/Run
 Street FesƟval
 Walk‐A‐Thon
EsƟmated AƩendance:

Check all applicable items:
 Alcohol to be sold/given way
 Beer/wine
 Hard Liquor
 Amplified Sound
 Animals (Rides, peƫng zoos, etc..)
 Comfort StaƟons
 Electric Generators
 Entertainment
 Electrical Power Sources
 Food to be sold/given way
 Free Admission
 Garbage Removal
 Jump/Bounce Houses
 Live Music
 Medical Service Vehicles
 Open to Public
 Portable Bathrooms
 Portable Bleachers
 Portable Fencing
 Portable Lights
 Portable Toilets
 Private Event
 Recycling/Garbage Carts
 Rides/Amusement Rides
 Security Guards
 Tents
 Tickets to be sold for entry
 Vendor Booths
Are there any other items associated with this event that should be brought to the aƩenƟon of the City to evaluate this applicaƟon? Name of Event: Park/Facility Requested:

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Parks and RecreaƟon Office (925) 516‐5444 35 Oak Street, Brentwood, CA 94513 brentwoodca.gov
Special Event ApplicaƟon
Please include a complete descripƟon of your event including the purpose, setup, clean up, event details, volunteers and any addiƟonal informaƟon that can assist the Special Events Review Team in reviewing your event. Incomplete applicaƟons will not be accepted. ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ Please include a complete descripƟon of your crowd control plan including command post locaƟon, emergency exits and evacuaƟon routes in the event of an emergency. Incomplete applicaƟons will not be accepted. ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ Please aƩach a detailed event map (including any street closures) including the locaƟons of vendors (food or alcohol, sales etc.)

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Special Event Related Permits /AddiƟonal Equipment
There are a number of different special event related permits that may be issued independent of a City of Brentwood Special Event Permit or may be required in conjuncƟon with a City of Brentwood Special Event Permit. The proposed venue, acƟviƟes, components, aƩendance, food, alcohol, and unique circumstances of the event are contribuƟng factors to the final determinaƟon of the required permit types. Following is a summary of the most common types of permits you maybe required to obtain if you are planning a special event or an acƟvity associated with a special event, but there may be other permits required for your event.  ABC Permit: If you plan to have alcohol at your event, you must receive authorizaƟon from the Police Department and the State of California Department of Alcohol Beverage Control. Police Department authorizaƟon is typically granted through the Citywide Process. If the proposed event will take place on public parkland, within a city‐owned facility, or other city‐managed property, you will also be required to provide a leƩer of authorizaƟon to serve alcohol from an authorized representaƟve of the managing city department. Both the Police Department and managing city department may place restricƟons on the way in which alcohol is managed at your proposed event.  Banner Sign Permit: If you plan on hanging a banner to adverƟse your event within City limits. It must be reviewed by the Community Development Department to determine conformance with the City’s sign regulaƟons and/or approved Master Sign Programs. There is no fee associated with a banner sign permit.  Contra Costa County Fire ProtecƟon District: If the special event will be conducted within a “public right of way,” which is public property (such as a park, roadways, driveways, sidewalks, curbs, and guƩers). Examples of these events: Parades, marathons, street fairs, etc. A copy of a Contra Costa County Fire ProtecƟon District approved site plan must be provided to the Parks and RecreaƟon Department.
 Food Permit: If you intend to sell, give away, or sample food or consumable products, including water or other bever‐ ages, you must obtain a Temporary Food Facility permit for each food vendor at your event. Different permits, policies, and procedures depend on your classificaƟon and the number of days of your event. As part of the food handling requirements, you are required to include public safety features in your event plans such as hand‐washing staƟons. The Contra Costa County Department of Environmental Health issues food permits.  Portable Sanitary FaciliƟes: If you plan on having an event outdoors, provide proof of contract for portable toilet faciliƟes or a wriƩen agreement with a business owner occupying space fronƟng the event area allowing patrons the use of restroom faciliƟes. Prior to installaƟon of any portable restroom faciliƟes, the applicant shall submit a site plan showing the proposed restroom locaƟons for the review and approval of the Parks and RecreaƟon Department.  ReservaƟon Permit: If you plan to hold your event at City Park, City FaciliƟes, or any other park it is your responsibility to contact the appropriate division or facility manager within the Parks and RecreaƟon Department in order to secure the use of the proposed venue. Special rules, regulaƟons, and restricƟons unique to each site or facility may apply. Most park areas by the general public must be available at all Ɵmes. A copy of your ReservaƟon Permit must be included as part of your Special Event Permit ApplicaƟon. Your Special Event ApplicaƟon is not complete without authorizaƟon from the Parks and RecreaƟon Department to use the requested venue.  If any private property is to be used for the event, the event organizer will provide wriƩen authorizaƟon from the property owner of the property to be used, with dates and Ɵmes from the beginning of the event to the end.  Special Event Umbrella Business License: If you plan to have mulƟple vendors you shall act as the coordinator with the vendors to provide to the City a list of the vendors that will parƟcipate in the event. A City of Brentwood, Special Event Umbrella Business Licenses, is required, shall be submiƩed to the Parks and RecreaƟon Department.  Food and Vendor Permits: All event hosts are required to provide event maps upon submiƩal. Event host acknowledg‐ es that they will not place any vendors in front of “like” brick and mortar stores at any Ɵme during their event. For exam‐ ple, a pizza truck would not be placed in front or near a pizza/Italian restaurant. _________IniƟal
Special Event Rules and RegulaƟons
City of Brentwood Parks and RecreaƟon

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Event Set‐up and Teardown
 Paint or other permanent types of markings shall not be used on any City streets, sidewalks, or on surfaces within the Civic Center Complex. Any temporary markings shall be removed at the end of the event.  No stage, vendor’s tent, or similar structure used for or during this event shall be placed on public sidewalks. The use of any type of adhesive tape or similar products to fasten any electrical wires, cables, or ropes to the public sidewalks, walkways, and pavers or other fixtures within the Civic Center shall be prohibited.  Tents and canopies shall be anchored with sand or water barrels or by a similar method and shall not be aƩached to turf or paving with stakes or any other mechanism.
 An electrical contractor shall obtain any temporary electrical permits from the Brentwood Building Division prior to the beginning of the event if temporary power is to be provided on‐site. _________IniƟal
 Brentwood Police Officers or other security guards may be required to be on duty during the event. The Police Department will de‐ termine which are necessary and the number required at the event. Some examples of criteria reviewed in the decision are number of event aƩendees, road closures, if alcohol is present etc. The renter is responsible to pay for those services. The Police Officers or security guards must be present at the Ɵmes stated on the CondiƟons of Approval.  If Security is required, Security guard companies must be registered and approved by the Police Department and must have a valid City of Brentwood business license. City will provide you a list of approved companies and the renter can select and reserve a com‐ pany from the list.
 The Event Organizer has direcƟon over security guard duƟes. In the event that Brentwood Police are required for the event, they will operate in a manner to uphold public safety and will not be under direcƟon of event host.

Brentwood Police Department / Other Hired Security Personnel _________IniƟal Alcoholic Beverages
If your event is open to the public or is a private event in a venue locaƟon where alcohol consumpƟon is prohibited except with a Special Event Permit.
 All beverages, including alcoholic beverages shall be poured in a clear plasƟc cup and/or collecƟble glassware from the event.  All patrons buying or/receiving alcoholic beverages are 21 years of age or older.  Event staff will check idenƟficaƟon and issue a wristband to those wishing to purchase or receive an alcoholic beverage.  No alcoholic beverage will be sold or given to those without a wristband. (Wristband colors should change for mulƟple day events)
 No outside alcohol is allowed to be brought into the event.  Any alcohol related disturbances and/or criminal acƟvity must be reported to the Police Department.  Fencing is required to be installed around the perimeter of the event where alcohol will be served and consumed.  “No alcohol beyond this point” signs must be posted and visible at all exits points and volunteers must be posted at each of the locaƟons. Failure to do so may result in the event being cancelled or future events being denied. _________IniƟal

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 If your proposed event will take place on a street or in an area where vehicles park, you will be required by the City of Brentwood to post “No Parking Signs” along your proposed closure at least 72 hours before your event begins. The event organizer is responsible for making sure all the “No Parking Signs” posted are removed at the end of the event. You must verify that all no parking signs are placed in the correct locaƟon(s) a minimum of twelve (12) hours prior to your event start Ɵme. The Parks and RecreaƟon Depart‐ ment will provide these signs to the event host, available to pick up at the Brentwood Community Center.  Mobile Vehicle Barricades may be required to be in place during the event by the Police Department. These barriers will be in place prior to the event starƟng and will be taken down at the end of the event. The Police Department will install and remove the Mobile Vehicle Barricades.
 The City may deny or modify any proposed street closure if it is deemed necessary in the interest of public safety.  Event Organizer is responsible for noƟfying impacted parƟes in advance of all street closures and must provide verificaƟon to the City that all parƟes have been informed at least two weeks prior to the event.  Name of proposed street(s) to be closed:
 Street name between and start Ɵme: end Ɵme:
 Street name between and start Ɵme: end Ɵme:
 Street name between and start Ɵme: end Ɵme:
 Street name between and start Ɵme: end Ɵme:
 AƩach a map and if needed addiƟonal pages for moving events such as a parade or run, etc.  The Public Works Department will facilitate the street closure.  Only sworn or trained employees of the Police Department have the legal right to remove a vehicle from a city street or authorize a tow in the public right of way. As an event organizer, you must coordinate with the Police Department for the towing of all vehicles within your event venue prior to the onset of your event acƟviƟes, including set‐up. You will not be allowed to set‐up or manage event acƟviƟes where there are parked cars, even if the area is denoted on your final permit.  Street Closures may begin earlier then the event set up Ɵme.

Street Closures and Mobile Vehicle Barricades _________IniƟal Waste Management _________IniƟal
 All trash generated by the use shall be picked up, both on and off site. In addiƟon, sufficient garbage and recycling containers shall be provided at mulƟple locaƟons, and service on said containers must be provided to ensure that they do not overflow at any Ɵme. Cali‐ fornia Legislature passed AB 2176, a law that requires operators and organizers of large events and venues to develop and imple‐ ment waste reducƟon plans that include recycling strategies, and to report on the results of their efforts to the designated local agency/City.
 Bin Service Agreement: You may be required to have addiƟonal carts or bins at your event to manage trash from your event. Waste bins are required for all events and the amount of bins required will be based upon the size and scope of your event. It is your re‐ sponsibility to arrange for those carts/bins with the Public Works Department by submiƫng a Bin Use Agreement form. You will need to coordinate with Public Works Department when and where those carts/bins can be picked up and dropped off. A copy of your bin service agreement shall be submiƩed to the Park and RecreaƟon Department.

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Applicant Disclaimer
Insurance Requirements:

A CerƟficate of Insurance showing valid liability coverage in the amount of $2,000,000 must be submiƩed prior to the issuance of a permit. A separate AddiƟonal Insured Endorsement must be submiƩed naming “City of Brentwood, its officers, officials, employees, and volunteers”. _________IniƟal
The City reserves the right to reject or deny any applicaƟon for an event that it determines to be inappropriate for the proposed locaƟon or neighborhood, unsafe or otherwise incompaƟble with the surrounding community. Appeal Process: If your Special Event applicaƟon is rejected or denied, or if you object to a CondiƟon of Approval, a request for review may be submiƩed in wriƟng to the City Manager or designee within 10 (ten) days of noƟficaƟon of denial pursuant to BMC 7.02.020.

By submiƫng this applicaƟon, the Applicant understands that the City shall review the applicaƟon under the procedures set forth in the Special Event Permit secƟon of the BMC. If the City approves the applicaƟon, the Permit shall be sent to the Applicant for signature. Pursuant to BMC SecƟon 7.02.020, the Permit shall not be effecƟve unƟl signed by both the Applicant and the City.

I, as an official representaƟve of the organizaƟon and/or event idenƟfied with this applicaƟon, and whose name appears on this applicaƟon as the contact for said event, am authorized to sign this applicaƟon and agree to its condiƟons. By signing below, I further verify that the informaƟon contained in this applicaƟon is true and accurate to the best of my knowledge.

I hereby cerƟfy that I shall be responsible on behalf of my organizaƟon for damage sustained or cost incurred by the City of Brentwood because of occupancy of said premises by myself or my organizaƟon. I have read and received all the Rules and RegulaƟons for use of the facility and agree to abide by them.

I also agree to hold the City of Brentwood and its employees; the individual members thereof, agents, and employees free and harmless from any damage, liability, cost or expense that may arise during or be caused in any way by such use or occupancy.

Applicant Signature Date

Printed Name
Common Grounds for Denial:
 ApplicaƟon is submiƩed less than 60 days prior to scheduled event start date  ApplicaƟon is found to be incomplete or contain any falsehoods or misrepresentaƟons  Inadequate insurance coverage
 Requested venue has already been reserved on the same date and Ɵme for another event  City staff cannot provide necessary services to ensure public safety or prepare/maintain venue  Event organizer has violated the terms of previous event permits or damaged City property  Event organizer has unpaid debts resulƟng from previous events  Event is determined to not comply with state or local recycling mandates  Event is in conflict with adopted rules or use or proposed facility  Event is determined to be unsafe for the community
 Appeal Process: If your Special Event Permit applicaƟon is rejected or denied, or if you object to a CondiƟon of Approval, a request for review may be submiƩed in wriƟng to the City Manager or designee within 10 (ten) working days of noƟficaƟon of denial pursuant to BMC. 7.02.020.
_________IniƟal

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Special Event Rules and RegulaƟons
City of Brentwood Parks and RecreaƟon
Special Event Checklist
IniƟal each item:

I have had the opportunity to read the Rules and RegulaƟons and received a copy.

I will be in aƩendance throughout the event and I am responsible for the conduct and control of those aƩending.

Insurance criteria reviewed.
_______ Full event descripƟon and Event Map submiƩed with applicaƟon Proof of ABC permit must be submiƩed 14 days prior to the event date (If applicable).

Proof of Banner Sign permit must be submiƩed 14 days prior to the event date (If applicable).

Proof of East Contra Costa Fire ProtecƟon District approved site plan must be submiƩed 14 days prior to the event date (If applicable).

Proof of Food permit must be submiƩed 14 days prior to the event date (If applicable).

Proof of contract for portable toilet services must be submiƩed 14 days prior to the event date (If applicable).

Proof of ReservaƟon permit or wriƩen authorizaƟon from the property owner of the property to be used must be submiƩed 14 days prior to the event date (If applicable).

Proof of Special Event Umbrella Business License must be submiƩed 14 days prior to the event date (If applicable).

I have reviewed the rules about event set‐up and teardown and alcoholic beverages.

I have reviewed the rules about the Brentwood Police Department and security guards and understand they may be required to be at my event at the cost of my organizaƟon.

I have reviewed the rules about street closures and mobile vehicle barricades and understand the request for a street closure may be denied or modify if it is deemed necessary in the interest of public safety. I understand that if my street closure request is approved that mobile vehicle barricades may be required to be in place at my event.

I have reviewed the rules about waste management and proof of bin service agreement must be submiƩed 14 days prior to the event date (If applicable).

All paperwork, fees and insurance are due on .

Signature: Printed Name: Date:

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Special Event Rules and RegulaƟons
City of Brentwood Parks and RecreaƟon
InstrucƟons for CompleƟng CerƟficate of Insurance for Special Event Permits Please send this list to your insurance company or broker:

Items below MUST be included on your CerƟficate of Insurance:
 General Liability Insurance Coverage
 The name of the insured must match the name and address of the applicant on the Special Event ApplicaƟon  Event/Special Event Date
 Full name of company(s) affording coverage on the CerƟficate of Insurance  Authorized RepresentaƟve’s original signature
Separate endorsement form for General Liability must contain the following:
 The City of Brentwood, its officers, agents, volunteers and employees must be named as an addiƟonal insured with respect to liability arising out of acƟviƟes performed by or on behalf of the Named Insured.  Coverage under this policy shall be primary insurance as respects the City of Brentwood, its officers, agents, volunteers, and employees.
 All rights of subrogaƟon are waived as respects all addiƟonal insured hereunder.

Please mail the CerƟficate of Insurance, with endorsements to:

City of Brentwood, Parks and RecreaƟon Department, 150 City Park Way, Brentwood, CA 94513 AddiƟonal Insured Endorsement MUST read:

City of Brentwood, its officers, agents, volunteers, and employees 150 City Park Way
Brentwood, CA 94513

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Resident $92.00/hr or $470.00/day
Non‐Resident $101.00/hr or $517.00/day
Commercial $119.00/hr or $611.00/day
Non‐Profit $64.00/hr or $329.00/day
NOTE: AddiƟonal staff fees may apply.

Special Event Fees (effecƟve October 1, 2023)
The applicaƟon fee is non‐refundable and due at Ɵme of submission. Fees are subject to change.

PROCESSING FEES
$54.00 Non‐refundable ApplicaƟon Fee
Part Time Staff Fee (per hour) Hourly Rate plus Benefits _________IniƟal
Special Event Fee InformaƟon
City of Brentwood Parks and RecreaƟon
City Park (Grass and staging area)
City Park Gazebo
Resident $42.25/hr or $283.00/day
Non‐Resident $46.50/hr or $312.00/day
Commercial $55.00/hr or $368.00/day
Non‐Profit $29.50/hr or $198.00/day
Resident $352.00/4hr
Non‐Resident $387.00/4hr
Commercial $457.00/4hr
Non‐Profit $246.00/4hr
Each AddiƟonal Hour $84.75/hr
Skate Park (4‐hour minimum)
City Park Group Picnic Shelter A w/island
City Park Group Picnic Shelter B
Resident $15.25/hr or $93.00/day
Non‐Resident $19.75/hr or $121.00/day
Commercial $19.75/hr or $121.00/day
Non‐Profit $10.50/hr or $65.00/day
Resident $10.25hr or $63.00/day
Non‐Resident $13.25/hr or $82.00/day
Commercial $13.25/hr or $82.00/day
Non‐Profit $7.25/hr or $44.00/day

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Attachment 5
Feedback from All Stakeholder Meetings in 2023
November 8, 2023
Special Event Organizers/Applicants (2022-2023)

1. Coordination with the school district for Special Events is desirable.

2. A suggestion for organizers to provide their own waste bins to be able to empty at events.

3. A consensus on notifying residents and businesses of Special Events and street closures, but undecided on if it stays as event host responsibility or moves to City staff.

4. Create a formula for the number of waste bins to be required at events.

5. Several organizers are interested in having the Brentwood Police Department Community Event booth at their events.

6. If blackout dates are instituted, the same dates should not be recurring year to year.

7. Any limits to street closures would be based on event time.

8. Positive discussion about using other areas in the City for special events including Veteran’s Park. This may encourage the chance for other areas of the City and businesses to flourish.

9. A consideration for reviewing economic data as it relates to timing of special events and downtown businesses.

10. A concern for increase from the $54 application fee to requiring fees for staffing (Police and Parks & Recreation), street closures and deposits, specifically as it relates to nonprofit organizations hosting events. Brentwood Police Department was on-site to provide further information about their participation in the Special Event Review Team (SERT), fees, and priorities of public safety at Special Events

11. Request to make sure that organizers are given equal opportunity to host events.

12. A suggestion to streamline the application process by creating an online portal to submit information.

December 12-14 2023
Downtown Business

1. There is an ongoing concern with the amount of trash on the streets and in and around the trash cans after special events in the downtown area.

2. If events are in City Park, the surrounding sidewalks and street areas should also be a part of the clean-up areas.

3. Additional signage requested for street closures including alley way closed signs.

4. The request to add code enforcement at the events or on weekends, to enforce some repetitious municipal code violations being observed.

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Brentwood City CouncilJanuary 9, 2024

Brentwood City Council
January 9, 2024