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

APRIL 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

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

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

E.1 Minutes of the City Council/Successor Agency meeting of March 26, 2024 E.2 A Proclamation Proclaiming April 9, 2024, as Youth in Government Day E.3 A Proclamation Proclaiming April 21-27, 2024, as National Volunteer Week E.4 A Proclamation Proclaiming April 22, 2024, as Earth Day E.5 Increase the purchase orders with Coast Counties Peterbilt in the amount of $120,000 for heavy-duty diesel truck repair and truck parts.

Title/Recommendation
Adopt a Resolution approving and authorizing the City Manager or designee to increase the purchase orders with Coast Counties Peterbilt in the amount of $120,000 for a total purchase order amount of $135,000 for heavy-duty diesel truck service and repair and truck parts.

E.6 Accept the ARCO AM/PM, DR19-003, off-site public improvements for maintenance.

Title/Recommendation
Adopt a Resolution accepting off-site public improvements for ARCO for maintenance; accepting the Maintenance Bond; releasing the Improvement Securities and requesting that the City Clerk file this Resolution with the Recorder of Contra Costa County for these improvements, constructed as a part of ARCO AM/PM, DR19-003, located at 6970 Brentwood Boulevard.

E.7 Purchase eleven replacement vehicles and one new vehicle, and authorize the City Manager or designee to execute any necessary associated documents in a total amount not to exceed $656,030.

Title/Recommendation
Adopt a Resolution approving the purchase of eleven replacement vehicles (one Ford F150 truck for the Public Works Water Division and two Explorers and eight Police Interceptors for the Police Department) and one new vehicle (Ford Ranger for the Parks & Recreation Department) from Bill Brandt Ford in Brentwood, CA; and authorizing the City Manager or designee to execute any necessary associated documents in a total amount not to exceed $656,030 for fiscal year 2023/24.

E.8 Reimbursement Agreement with Strauch Brother Incorporation, DR 19-003 for off-site traffic signal modifications located at the intersection of Brentwood Boulevard and Sunset Road.

Title/Recommendation
Adopt a Resolution approving and authorizing the City Manager or designee to execute a Reimbursement Agreement with Strauch Brother Incorporation (“Developer”) DR 19-003, for costs associated with off-site traffic signal modifications located at the intersection of Brentwood Boulevard and Sunset Road.

E.9 Authorizing the Interim City Attorney or Designee to Execute Legal Services Agreements with the law firm of Liebert Cassidy Whitmore in an Amount Not to Exceed $220,000.

Title/Recommendation
Adopt a Resolution authorizing the Interim City Attorney or designee to execute legal services agreements with the law firm of Liebert Cassidy Whitmore in an amount not to exceed $220,000.

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

F.1 Annexation #15 to Community Facilities District No. 5.

Title/Recommendation
Hold the Public Hearing regarding the annexation of territory to the City of Brentwood (“City”) Community Facilities District No. 5 (“CFD No. 5”).

Adopt a Resolution determining to annex territory to CFD No. 5 and calling a special election for CFD No. 5.

Conduct the special election for the annexation of territory to CFD No. 5.

Adopt a Resolution determining the results of the special election for the annexation of territory to CFD No. 5.

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G. 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.

G.1 Vineyards Parkway Traffic Update
Title/Recommendation
Receive an update on Vineyards Parkway related to acquiring additional Rectangular Rapid Flashing Beacons (“RRFBs”), increasing the duration of flashing time for beacons, most recent traffic study, traffic incident reports for 2022 and 2023, landscape improvements, prepare budget opportunities if unsuccessful on grants, develop specific instructions for landscaping contractor(s), consider the installation of additional speed limit signs, and other measures that the City can implement to improve safety, discuss and provide direction.

G.2 Amendments to City Council/Administrative Policy 110-5, renamed ‘Code of Conduct Policy’
Title/Recommendation
Adopt a Resolution approving amendments to City Council/Administrative Policy 110-5, renamed as ‘Code of Conduct Policy.’
G.3 Approve Amendments to the City Council/Administrative Policy 00-9 Renamed as 'Flag Policy' to Allow for Display of Commemorative Flags
Title/Recommendation
Adopt a Resolution amending the updated Flag Policy to allow commemorative flags and include half-staff policies.

H. 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
I. REQUESTED FUTURE AGENDA ITEM(S)
I.1 Consider a request from Council Member Mendoza related to a report from staff on a potential sales tax measure.

Title/Recommendation
That the City Council consider and discuss a request from Council Member Mendoza, from the City Council meeting of March 26, 2024, related to a report from staff on why a sales tax measure could be needed, and what the funds could be used for, and the impact on the average resident.

I.2 Consider a request from Council Member Pierson to amend City Council/Administrative Policy 110-1 'City Council Meeting Rules and Procedures' Title/Recommendation
That the City Council consider and discuss the request from Council Member Pierson from the March 26, 2024, City Council meeting to consider amending City Council Administrative Policy 110-1, Meetings Rules and Procedures, Section 4.3. Agenda Contents; Order of Business, potentially including the movement of ‘Informational Reports from Council Members, Committees, Liaisons, and Staff’ to another location on the agenda.

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I.3 Consider a request from Council Member Pierson related to the annual preparation of a recorded briefing for residents on recent legislative housing laws that are ministerial approvals affecting Brentwood.

Title/Recommendation
That the City Council consider and discuss the request from Council Member Pierson from the March 26, 2024, City Council meeting related to the annual preparation of a recorded briefing for residents on recent legislative housing laws that are ministerial approvals affecting Brentwood.

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

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

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

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

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

POSTING STATEMENT
On April 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
March 26, 2024, 7:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 7:00 p.m.

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

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

C. PUBLIC COMMENTS
Mayor Bryant opened Public Comments.

Danny Dohrmann provided comments related to public safety.

Bill Weber provided comments honoring Vietnam Veterans and their families in recognition of Vietnam Veterans Memorial Day.

Mariam Hassane provided comments regarding homelessness in Brentwood and requested a resolution related to the conflict in Palestine.

Mayor Bryant closed Public Comments.

D. PRESENTATIONS
D.1 Brentwood Police Department Annual Performance Report Police Chief Tim Herbert presented the Brentwood Police Department's Annual Performance Report.

E. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Council Member Oerlemans reported on attendance at a walking tour of Downtown Brentwood with Amy Tilly, Farmers Market and Makers Boulevard, Brentwood Police Department Annual Military report, watched the Land Use and Development Subcommittee (LUD) meeting and Planning Commission meeting, Ribbon Cutting at the Mokelumne Trail Highway 4 Pedestrian Bridge, Tri Delta Transit workers appreciation luncheon, debrief with Brentwood Police Department's day watch regarding the March 21, 2009, fatal shootings of four Oakland police officers.

Council Member Mendoza reported on speaking to residents at Trilogy, attendance at a presentation by Erin Levine related to composting, LUD

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2 meeting, Ribbon Cutting at the Mokelumne Trail Highway 4 Pedestrian Bridge, Planning Commission meeting, Cal Cities Latino Caucus meetings, City of Burbank to attend a Housing Committee meeting, and a Cal Cities Regional Division Legislative Forum.

Council Member Pierson requested the Council consider providing informational reports at the end of the meeting and reported on attendance at the Age Friendly Committee meeting, Juneteenth planning meetings, LUD and Senior Resource meetings, City of Burbank to attend a Housing Committee meeting, and Congressman Desaulnier regarding the Port Chicago

50. Vice Mayor Meyer reported on attendance at the Age Friendly Committee meeting, presentation to Trilogy residents, Community Day of Service planning meetings, LUD and Planning Commission meetings, Ribbon Cutting at the Mokelumne Trail Highway 4 Pedestrian Bridge, Measure X Community Advisory Board meeting, ride along with Meals on Wheels, met with Chief Herbert.

Mayor Bryant reported on a meeting with Supervisor Burgis and her staff on community concerns, meetings with residents, a tour of City Hall with the Odyssey of the Mind State Championship winners from Brentwood Elementary's third-grade level, met with Chief Herbert, Ribbon Cutting at the Mokelumne Trail Highway 4 Pedestrian Bridge, swearing in of Arts Commissioners, and met with Veterans on community concerns.

City Manager Tim Ogden gave an update on Measure X and the funding of a youth center within the City of Brentwood.

F. CONSENT CALENDAR
Mayor Bryant pulled item F.2 and Council Member Pierson pulled item F.3 to be heard separately from the Consent Calendar.

The City Clerk read the title for Ordinance No. 1071.

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted the Consent Calendar as recommended by staff, excluding items F.2 and F.3.

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3 F.2 A Proclamation Proclaiming March 29, 2024, as Vietnam Veteran's Memorial Day
Mayor Bryant presented the proclamation to Vietnam Veteran Bill Weber.

F.3 A Proclamation Proclaiming March 2024 as Autism Awareness Month Council Member Pierson presented the proclamation to Leslie Marks.

F.4 A Proclamation Proclaiming March 2024, as Drug Abuse Awareness Month
F.5 A Proclamation Proclaiming April 2024 as Arab Heritage Month F.6 A Proclamation Proclaiming April 2024 as Diversity Month F.7 A Proclamation Proclaiming April 7 - 13, 2024, as National Library Week
F.8 Notice of Completion for the work performed by National Aquatic Services, Inc. for the Brentwood Family Aquatic Complex Heaters Replacement Project
Adopted Resolution 2024-26 accepting the work performed by National Aquatic Services, Inc. for the Brentwood Family Aquatic Complex Heaters Replacement Project and file a Notice of Completion with the County Recorder.

F.9 Award of contract to Perfection Painting Corp. for the Civic Center Painting Project
Adopted Resolution 2024-27 approving the contract documents, awarding the bid, and authorizing the City Manager or designee to execute a contract and necessary documents for the Civic Center Painting Project (“Project”) with Perfection Painting Corp. as the lowest responsible and responsive bidder in the amount of $461,000, plus funding authorization for a 15% contingency of $69,150, for a total funding authorization not to exceed amount of $530,150.

F.10 Purchase one replacement John Deere Backhoe and one replacement Water Truck, and authorize the City Manager or designee to execute any necessary associated documents in a total amount not to exceed $356,129
Adopted Resolution 2024-28 approving the purchase of one replacement John Deere backhoe in the amount of $198,869 from Pape Machinery in Newark, CA, and one replacement water truck in the amount of $157,260 from Mission Valley Ford Truck in San Jose, CA; and authorizing the City Manager or designee to execute any necessary associated documents in a total amount not to exceed $356,129.

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4 F.11 Consideration of actions pertaining to the City’s Landscape and Lighting Assessment Districts, including LLAD’s No. 19-3 and No. 21-1, and the Citywide Park Maintenance District No. 98-1 for FY 2024/25 Adopted Resolution 2024-29 of Initiation appointing Francisco & Associates (“Francisco”) as the Engineer of Work for the Landscape and Lighting Assessment Districts, including the Landscape and Lighting Assessment District No. 19-3, Landscape and Lighting Assessment District No. 21-1 (the “LLADs”), and the Citywide Park Maintenance District No. 98-1 (collectively, the “Districts”) for Fiscal Year 2024/25; ordering the Engineer of Work to prepare and file the Engineer’s Reports for Fiscal Year 2024/25; and making a finding that the actions are categorically exempt from the California Environmental Quality Act, and approving and authorizing the City Manager to execute Amendment No. 2 to the Agreement for Professional Assessment Engineering Services in the amount of $229,900, plus a 10% contingency amount of $22,990 for a not to exceed amount of $252,890 for Fiscal Year 2024/25 assessment year activities.

F.12 Second Reading of an Ordinance amending Brentwood Municipal Code Chapter 2.46 (Park and Recreation Commission)
Waived the second reading and adopted Ordinance No. 1071.

G. BUSINESS ITEMS
G.1 Assembly Bill (AB) 2011 application and Design Review informational item for the O’Hara Apartments project, located at the northwest corner of Lone Tree Way and O’Hara Avenue, and request for direction on future processing of AB 2011 projects
Associate Planner Miguel Contreras presented the item.

Mayor Bryant opened the public comment period.

Danny Dohrmann spoke in opposition of the item.

Sinziana Todor spoke in opposition of the item.

Marisol Valles spoke in opposition of the item.

Rod Flohr provided comments on the item.

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

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
Received an informational report on the Design Review for O'Hara Apartments project and provided the following direction to staff on future processing of Assembly Bill (AB) 2011 projects:

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5 1. Continue to have staff complete the ministerial review and consideration of AB 2011 projectapplications, and provide the City Council with a report such as this one, withinapproximately 45 days (and not to exceed 50 days) of submittal. If staff determines an AB2011 application is incomplete prior to that 45-day deadline, it shall not be brought back tothe City Council for City Council input.

2. Staff shall provide a social media posting of receipt of an AB 2011 project within sevenbusiness days of submission of the application.

3. Staff shall affix a name to the application on the City’s ‘Development Page’ that will clearlycommunicate it is an AB 2011 application, which shall be posted within seven business daysof receipt of the application.

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 An Interim Urgency Ordinance Implementing a Modification to Brentwood Municipal Code Section 16.120.120 to allow Permitees to Install Pad-Mounted Transformers within Development Projects Vatsal Patel, Engineering Manager, presented the item.

Mayor Bryant opened the public comment period.

Rod Flohr provided comments on the item.

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

Moved by: Tony Oerlemans, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted Interim Urgency Ordinance 1072 implementing a modification to Brentwood Municipal Code Section 16.120.120 to allow Permitees to install pad-mounted transformers within development projects, and a finding of exemption from CEQA.

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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6 G.3 Consider a request from Mayor Bryant and Council Member Mendoza related to the City Manager Resident Engagement Meetings and Potentially Provide Further Direction from the City Council 9:57 reconvened
Council Member Mendoza presented the item.

Mayor Bryant opened the public comment period.

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

Moved by: Jovita Mendoza, Council Member
Seconded by: Joel Bryant, Mayor
By Motion, the City Council directed staff to continue with the City Manager Resident Engagement Meetings and that the meetings be accessible to all residents, have a set location, make translators available when possible, and be ADA accessible.

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.4 Consider a request from Vice Mayor Meyer and Council Member Pierson related to revisions to the Age Friendly Communities Committee, and the Racial Equity Committee
Council Member Pierson and Vice Mayor Meyer presented the item.

Mayor Bryant opened the public comment period.

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

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Susannah Meyer, Vice Mayor
By motion, the City Council renamed the Age Friendly Communities Committee to Age and Disabilities Friendly Communities Committee, and the Racial Equity Committee to Diversity, Equity, Belonging, and Inclusion Committee.

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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7 H. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Member Mendoza requested a report from staff on potential sales tax measures.

Council Member Pierson requested the City Council consider amending City Council Administrative Policy 110-1, Meeting Rules and Procedures, Section

4.3. Agenda Contents, Order of Business.

Council Member Pierson requested an annual legislative briefing as it relates to housing laws that are ministerial approvals affecting the City of Brentwood.

I. REQUESTED FUTURE AGENDA ITEM(S)
I.1 Consider a request from Council Member Pierson related to potential updates to the Brentwood Municipal Code and the potential creation of a Council committee
Council Member Pierson presented the item.

Mayor Bryant opened the public comment period.

Rod Flohr provided comments on the item.

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

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Tony Oerlemans, Council Member
By Motion, that the City Council create a standing committee, Brentwood Municipal Code Review Committee, comprised of two Council Members with an advisory member of the Planning Commission, and that the committee be the recommending body on what sections the work should commence with, with meetings to occur bi-annually after a report has been given by staff on updates, and with special meetings to be scheduled as needed.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
I.2 Consider a request from Vice Mayor Meyer to consider potential methods to restrict hate speech during public comments
Vice Mayor Meyer presented the item.

Mayor Bryant opened the public comment period.

Rod Flohr spoke in favor of the item.

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

Moved by: Susannah Meyer, Vice Mayor
Seconded by: Pa'tanisha Pierson, Council Member
By Motion, the City Council directed staff to spend time and resources considering methods to restrict hate speech during the public comment portion of public meetings and to draft a policy and/or a values statement, as it relates to hate speech.

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)
J. ADJOURNMENT
It was motioned/seconded by Council Member Mendoza/Council Member Pierson to adjourn the meeting at 10:55 p.m. in honor of Women's History Month.

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PROCLAMATION
WHEREAS, the City of Brentwood, the Brentwood Lions Club and Heritage and Liberty High Schools have collaborated for over eleven years to offer the Youth in Government Program to local high school seniors; and
WHEREAS, it is important for the youth of the Brentwood community to be exposed to the function and necessity of city government and its individual departments; and
WHEREAS, participants in the Youth in Government program experience democracy in action; and
WHEREAS, students are encouraged to take an interest in their community and develop the future leaders of the community; and WHEREAS, the City of Brentwood deems it important to
recognize and honor those participating in the 2024 Youth in Government program; and

NOW, THEREFORE, BE IT PROCLAIMED that the City
Council of the City of Brentwood does hereby recognize April 9, 2024 as

YOUTH IN GOVERNMENT DAY

Dated this 9th day of April 2024
Joel Bryant, Mayor

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PROCLAMATION
WHEREAS, the heart of our community thrives on the selfless acts of volunteers who dedicate their time, energy, and resources to bettering the lives of others; and
WHEREAS, volunteers bridge gaps, foster connections, and build stronger, more resilient communities by contributing to a diverse array of causes, from environmental conservation to aiding those in need, from nurturing the arts and culture to advancing education and health care; and WHEREAS, the spirit of volunteerism embodies the highest ideals of compassion, empathy, and civic responsibility, enriching not only the lives of those served but also those who serve, creating a cycle of goodwill and shared purpose; and
WHEREAS, National Volunteer Week shall serve as a time to honor and celebrate the profound impact of volunteers, encouraging more individuals to explore the myriad opportunities to contribute their skills and passion for the greater good.

NOW THEREFORE, BE IT PROCLAIMED, that the City Council
of the City of Brentwood does hereby recognize April 21 – 27, 2024 as

NATIONAL VOLUNTEER WEEK
and acknowledge and commend the dedication of volunteers throughout the City of Brentwood and across the nation with gratitude and appreciation, recognizing their invaluable contributions to shaping a brighter, more compassionate future for all.

Dated this 9th day of April 2024
Joel Bryant, Mayor

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PROCLAMATION
WHEREAS, we are reminded daily of the extraordinary importance of maintaining a clean, sustainable, and healthy environment; and WHEREAS, the global community faces challenges such as health issues, food and water shortages, and economic struggles; and WHEREAS, all people, regardless of race, gender, income, or geography, have a right to a healthy, sustainable environment with economic growth and opportunity; and
WHEREAS, we are all caretakers of our planet and have an obligation to combat climate change and environmental degradation to preserve the earth’s beauty and resources; and
WHEREAS, it is necessary to broaden and diversify this global movement to achieve maximum success by ensuring everyone does their part as caretakers; and
WHEREAS, this year’s Earth Day theme, Planet vs. Plastic, unites students, parents, businesses, governments, churches, unions, and individuals in an unwavering commitment to call for the end of plastics for the sake of human and planetary health, demanding a 60% reduction in the production of plastics by 2040 and an ultimate goal of building a plastic-free future for generations to come..

NOW THEREFORE, BE IT PROCLAIMED, that the City Council
of the City of Brentwood does hereby recognize Monday, April 22, 2024 as

EARTH DAY
and calls to advocate for widespread awareness on the health risk of plastics.

Dated this 9th day of April 2024
Joel Bryant, Mayor

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CITY COUNCIL AGENDA ITEM NO. E.5
04/09/2024
SUBJECT: Increase the purchase orders with Coast Counties Peterbilt in the amount of $120,000 for heavy-duty diesel truck repair and truck parts.

DEPARTMENT: Public Works
STAFF: Casey Wichert, Director of Public Works
Scott Dempsey, Fleet/Facilities Maintenance Manager

TITLE/RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or designee to increase the purchase orders with Coast Counties Peterbilt in the amount of $120,000 for a total purchase order amount of $135,000 for heavy-duty diesel truck service and repair and truck parts.

FISCAL IMPACT
The purchase order increase of $120,000 will be expended from the Vehicle and Equipment Replacement Fund ($110,000) and from the Fleet Maintenance Services Fund ($10,000). The budget for these expenditures is included in the amended 2023/24 Operating Budget.

The Vehicle and Equipment Replacement Fund receives annual contributions from various funds in order to ensure sufficient resources are available when replacement is needed. Annual funding in the operating budget comes from the General Fund (50%), Enterprise Funds (45%), and other funds (5%).

The Fleet Maintenance Services Fund also receives annual contributions from various City funds in order to ensure sufficient resources are available. Annual funding in the operating budget comes from the Enterprise Funds (72%), General Fund (20%), and other funds (8%).

BACKGROUND
As part of the budget adoption, City staff includes budgeted amounts for the maintenance and repair of city vehicles and equipment. The Council/Administrative Policy No. 10-7, Purchasing Policy, requires that purchases of goods or services over

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CITY COUNCIL AGENDA ITEM NO. E.5
04/09/2024
$50,000 per vendor, per fiscal year must be approved by the City Council. Public Works currently has a purchase order with Coast Counties Peterbilt for $15,000 for heavy-duty truck parts and supplies.

In July 2022, one of the City’s street sweepers caught fire during normal use, which left it damaged and out of service. The cost of this repair with Coast Counties Peterbilt is approximately $110,000, and will be reimbursed by the City’s insurance provider, less the deductible, upon completion of the work. To comply with the City’s Purchasing Policy, staff is requesting this funding increase in order to pay for the repairs to get the street sweeper back in service and submit the insurance claim.

Coast Counties Peterbilt is the regional Peterbilt dealer for Contra Costa County, located 30 miles from Brentwood. Upon completion of the sweeper’s Peterbilt related repairs at Coast Counties, it must then be towed to Municipal Maintenance Equipment (MME), the sole source Northern California dealer for the Vac-con portion of the sweeper, for the remaining repair of the fire damage. Coast Counties is nine miles from MME.

Due to the cost of this fire damage repair, and in order to have sufficient funds for heavy-duty truck parts for the remainder of the fiscal year, staff is requesting to increase the purchase orders with Coast Counties Peterbilt in the amount of $120,000 of which $110,000 will be expended from the Vehicle and Equipment Replacement Fund Budget and $10,000 from the Fleet Maintenance Services Budget for a not to exceed Purchase Orders amount of $135,000.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:

1. Do not approve staff’s recommendation.

2. Modify staff’s recommendation based on legally defensible findings.

3. Continue item with direction for staff to return with additional information.

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CITY COUNCIL AGENDA ITEM NO. E.5
04/09/2024

ATTACHMENT(S)

1. Previous Action

2. Resolution

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

On February 14, 2017, by Resolution No. 2017-17, City Council adopted the amended City Council/Administrative Policy No. 10-9, Policy and Procedures for the Use of Vehicles and Related Equipment (“Vehicle Policy”).

On January 23, 2024, by Resolution 2024-09 City Council adopted the amended 2023/24 Operating Budget.

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING AND AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO INCREASE THE PURCHASE ORDERS

WITH COAST COUNTIES PETERBILT IN THE AMOUNT OF
$120,000 FOR A TOTAL AMOUNT OF $135,000 FOR HEAVY-DUTY
DIESEL TRUCK REPAIR AND TRUCK PARTS.

WHEREAS, on February 14, 2017, by Resolution No. 2017-17, City Council adopted the amended City Council/Administrative Policy No. 10-9, Policy and Procedures for the Use of Vehicles and Related Equipment (“Vehicle Policy”); and WHEREAS, on January 23, 2024, by Resolution 2024-09, City Council adopted the amended 2023/24 Operating Budget; and
WHEREAS, Purchasing Policy 10-7 requires that purchases of goods or services over $50,000 per vendor, per fiscal year must be approved by City Council; and
WHEREAS, Coast Counties Peterbilt is the regional Peterbilt truck and parts dealer closest to Brentwood for heavy-duty truck service and repair and are utilized as needed to sublet work; and
WHEREAS, in July 2022, one of the City’s street sweepers caught fire during normal use which left it damaged and out of service; and WHEREAS, the cost of this repair with Coast Counties Peterbilt is approximately $110,000, and will be reimbursed by the City’s insurance provider, less the deductible, upon completion of the work; and
WHEREAS, due to the increased need and cost of repairs, services and parts, staff is requesting approval to increase to the purchase orders with Coast Counties Peterbilt in the amount of $120,000 in order to have sufficient funds for the remainder of this fiscal year; and
WHEREAS, the increased amount of $120,000 will be funded through the Vehicle and Equipment Replacement Fund ($110,000) and the Fleet Maintenance Services Fund ($10,000) of which both have sufficient FY 2023/24 operating budget to cover this increase.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager or designee to increase the purchase orders with Coast Counties Peterbilt in the amount of $120,000 for a total amount of $135,000 for heavy-duty diesel truck service and repair.

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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 April 2024 by the following vote:

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CITY COUNCIL AGENDA ITEM NO. E.6
04/09/2024
SUBJECT: Accept the ARCO AM/PM, DR19-003, off-site public improvements for maintenance.

DEPARTMENT: Engineering Department
STAFF: Allen Baquilar, Director of Engineering/City Engineer Heather Silfies, Engineering Services Specialist

TITLE/RECOMMENDATION
Adopt a Resolution accepting off-site public improvements for ARCO for maintenance; accepting the Maintenance Bond; releasing the Improvement Securities and requesting that the City Clerk file this Resolution with the Recorder of Contra Costa County for these improvements, constructed as a part of ARCO AM/PM, DR19-003, located at 6970 Brentwood Boulevard.

FISCAL IMPACT
Upon acceptance of the improvements, the City will incur annual costs in an amount estimated at $1,077.55, associated with necessary maintenance of the public improvements, which will be included in the draft 2024/25 – 2025/26 Operating Budget to be presented for City Council consideration in May of 2024. Routine roadway and storm drain maintenance in the amount of $321.55 will be funded by the General Fund. Wastewater infrastructure maintenance costs, in the amount of $756.00, will be funded by the Wastewater Enterprise.

BACKGROUND
This project, located at 6970 Brentwood Boulevard, was developed by ARCO (“Developer”). The design review for DR 19-003, developing a 2.2-acre site was approved for a gas station, convenience store and car wash. The portions of public improvements required by the project’s Conditions of Approval has been constructed and inspected for conformance with the approved improvement plans including sewer, water, storm drain, sidewalk, landscaping, traffic signal modification and paving.

The scope of improvements, which consisted of 1,219 Lineal Feet (“LF”) of sidewalk, 1219 LF curb and gutter, 630 LF 6” sewer line, 70 LF storm drain line, is now complete

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CITY COUNCIL AGENDA ITEM NO. E.6
04/09/2024
and inspected for conformance with the approved improvement plans. The Developer has provided a Maintenance Bond to cover the twelve-month warranty period for the public improvements. With the improvements now installed, it is the appropriate time to accept the improvements and begin the warranty period.

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
On July 16, 2019, the Planning Commission approved an addendum for a Mitigated Negative Declaration and Mitigation Monitoring Plan.

ALTERNATIVE OPTION(S)
Do not accept the off-site public improvements for maintenance.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Site Map

4. Acceptance Photographs

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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 July 16, 2019, by Resolution No. 19-018, the Planning Commission approved an addendum for a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan for the ARCO AM/PM Project (DR 19-003), located on a 2,236 acre parcel at 6970 Brentwood Boulevard.

On July 16, 2019, by Resolution No. 19-020, the Planning Commission approved a Design Review (DR 19-003) for an ARCO AM/PM gas station at 6970 Brentwood Boulevard.

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RESOLUTION NO.

A RESOLUTION ACCEPTING OFF-SITE PUBLIC IMPROVEMENTS FOR ARCO FOR MAINTENANCE; ACCEPTING THE MAINTENANCE BOND;

RELEASING THE IMPROVEMENT SECURITIES AND REQUESTING THAT

THE CITY CLERK FILE THIS RESOLUTION WITH THE RECORDER OF

CONTRA COSTA COUNTY FOR THESE IMPROVEMENTS, CONSTRUCTED AS A PART OF ARCO AM/PM, DR19-003, LOCATED AT 6970

BRENTWOOD BOULEVARD
WHEREAS, on July 16, 2019, by Resolution No. 19-018, the Planning Commission approved an addendum for a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan for the ARCO AM/PM Project (DR 19-003), located on a 2,236 acre parcel at 6970 Brentwood Boulevard; and WHEREAS, on July 16, 2019, by Resolution No. 19-020, the Planning Commission approved a Design Review (DR 19-003) for an ARCO AM/PM gas station at 6970 Brentwood Boulevard with Conditions of Approval; and WHEREAS, the required public improvements associated with DR 19-003 have been completed and constructed in substantial conformance with the approved improvement plans; and
WHEREAS, ARCO has posted a Maintenance Bond, guaranteeing materials and workmanship, for a period of one year following acceptance of improvements.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood with respect to Design Review No. 19-003, developed by ARCO, that:

1. Public improvements are hereby accepted by the City of Brentwood for maintenance.

2. The Maintenance Bond is hereby accepted.

3. The Improvement Securities will be released within sixty (60) days of the passage of this Resolution.

4. The City Clerk is hereby requested to file this Resolution with the Recorder of Contra Costa County.

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

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PASCO DR

CARTER PL

BOSK AVE

HEARTLAND CT

M CH E NRY W AY
LEE W
AY

DEBBIE LN

JANE WAY

LI TTLE JO
H
N
W
AY

HEARTLAND CIR

GRANT ST

ALMOND ST

DUNEDIN DR

BRENTWOOD BLVD

KAYLA PL
TUC
K

AHOE WAY

HOMECOMING W AY

SUNSET RD

TRENT PL

HEDGE AVE
Acceptance Off-site Improvements
ARCO AM/PM DR 19-003
6970 Brentwood Boulevard
Docum ent Path: W:\MXD\Staff Report Maps\DR 19-003 O ffsite Acceptance.mxd

OFF-SITE
ARCO
DR 19-003

MARSH CREEK CHANNEL

OFF-SITE

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Acceptance of Off-site Public Improvements

ARCO AM/PM
Design Review 19-003

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CITY COUNCIL AGENDA ITEM NO. E.7
04/09/2024
SUBJECT: Purchase eleven replacement vehicles and one new vehicle, and authorize the City Manager or designee to execute any necessary associated documents in a total amount not to exceed $656,030.

DEPARTMENT: Public Works
STAFF: Casey Wichert, Director of Public Works
Scott Dempsey, Fleet/Facilities Maintenance Manager

TITLE/RECOMMENDATION
Adopt a Resolution approving the purchase of eleven replacement vehicles (one Ford F150 truck for the Public Works Water Division and two Explorers and eight Police Interceptors for the Police Department) and one new vehicle (Ford Ranger for the Parks & Recreation Department) from Bill Brandt Ford in Brentwood, CA; and authorizing the City Manager or designee to execute any necessary associated documents in a total amount not to exceed $656,030 for fiscal year 2023/24.

FISCAL IMPACT
Of the total $656,030 cost, $37,110 is for one new vehicle and will be expended from the Parks and Recreation Department City Council approved 2023/24 Operating Budget. The remaining $618,920 will be expended from the Vehicle and Equipment Replacement Fund Budget, which is included in the City Council approved 2023/24 Operating Budget. The Vehicle/Equipment Replacement Fund has sufficient funds for this purchase, with a projected cash balance on June 30, 2024 of $6,788,815.

The Vehicle and Equipment Replacement Fund receives annual contributions from City funds in order to ensure sufficient resources are available when replacement is needed. Annual funding in the operating budget comes from the General Fund (50%), Enterprise Funds (45%), and other funds (5%).

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CITY COUNCIL AGENDA ITEM NO. E.7
04/09/2024
Policy contains guidelines for replacement of City vehicles. Eleven vehicles from various City departments are scheduled for replacement in fiscal year 2023/24.

These vehicles were inspected and evaluated by Fleet/Facilities Maintenance Division staff during their annual inspections. After careful review of their maintenance records and condition, staff recommends replacement at this time due to wear and tear and their elevated maintenance costs.

These vehicles will be replaced in accordance with the Vehicle Policy.

Division New Vehicle Replacing
Replacement
Criteria
Years/
Mileage
Current
Years/
Mileage
Est.

Maint.

Costs
Police Explorer Ford Taurus 6/125K 7/98,00 *
Police Explorer Chevrolet Impala 6/125K 5/96,000 *
Police Police Interceptor Police Interceptor 4/125K 7/86,000 * Police Police Interceptor Police Interceptor 4/125K 7/74,000 * Police Police Interceptor Police Interceptor 4/125K 7/119,000 * Police Police Interceptor Police Interceptor 4/125K 7/111,000 * Police Police Interceptor Police Interceptor 4/125K 7/106,000 * Police Police Interceptor Police Interceptor 4/125K 7/106,000 * Police Police Interceptor Police Interceptor 4/125K 7/84,000 * Police Police Interceptor Police Interceptor 4/125K 7/81,000 * Water F150 Pick-up F150 Pick-up 6/125K 7/34,000 $2,618
*Maintained by separate contract.

The Police Department will be replacing a Ford Taurus and a Chevrolet Impala with two Ford Explorers and eight Police Interceptors replaced with the same. The Public Works Water Division will be replacing one Ford F150 with the same. The F150 being replaced will be reassigned to the Engineering Department for occasional use, rather than being sent to auction, as a means of reducing budget requests for an additional new vehicle in the upcoming budget. These vehicle replacements fall within the guidelines of the Vehicle/Equipment Operating Policy 10-9.

The one new Ford Ranger is for the Parks and Recreation Department and was originally approved as part of the 2022/23 – 2023/24 Operating Budget with two Ford Rangers. However, only one will be purchased now, and the Ford Ranger will be available to the Parks Planner performing park, trail and construction inspections throughout the City, and to staff in the Recreation Division.

Bid specifications were distributed to seven vendors for fourteen vehicles, although only twelve are recommended for purchase at this time. The bid specifications provided the following results:

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CITY COUNCIL AGENDA ITEM NO. E.7
04/09/2024
Bill Brant Ford $656,030
Future Ford No Bid
Napa Ford No Bid
Ron Dupratt Ford No Bid
Elk Grove Ford No Bid
Big Valley Ford No Bid
Fairfield Ford No Bid
The City’s Vehicle/Equipment Replacement Fund was established to provide funding for the timely replacement of vehicles and equipment. The Vehicle/Equipment Replacement Fund has sufficient funds for the purchase of the ten vehicles.

Staff requests the approval to purchase one new Ford Ranger for the Parks and Recreation Department in the amount of $37,110, and eleven replacement Ford vehicles in the amount of $618,920 for various departments for a total amount not to exceed of $656,030 from Bill Brandt Ford in Brentwood, CA.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:

1. Do not approve staff’s recommendation.

2. Modify staff’s recommendation based on legally defensible findings.

3. Continue item with direction for staff to return with additional information.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Quote

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On January 23, 2024, by Resolution 2024-09 City Council adopted the amended 2023/24 Operating Budget.

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING THE PURCHASE OF ELEVEN
REPLACEMENT VEHICLES (ONE FORD F150 TRUCK FOR THE

PUBLIC WORKS WATER DIVISION AND TWO EXPLORERS AND

EIGHT POLICE INTERCEPTORS FOR THE POLICE DEPARTMENT)

AND ONE NEW VEHICLE (FORD RANGER FOR THE PARKS &

RECREATION DEPARTMENT) FROM BILL BRANDT FORD IN
BRENTWOOD, CA; AND AUTHORIZING THE CITY MANAGER OR

DESIGNEE TO EXECUTE ANY NECESSARY ASSOCIATED
DOCUMENTS IN A TOTAL AMOUNT NOT TO EXCEED $656,030
FOR FISCAL YEAR 2023/24.

WHEREAS, on February 14, 2017, by Resolution No. 2017-17, the City Council adopted the amended City Council/Administrative Policy No. 10-9, Policy and Procedures for the Use of Vehicles and Related Equipment (“Vehicle Policy”); and WHEREAS, on January 23, 2024, by Resolution 2024-09, the City Council amended the 2023/24 Operating Budget; and
WHEREAS, the Purchasing Policy 10-7 requires that purchases or services over $50,000 be approved by City Council; and
WHEREAS, two new vehicles were budgeted for purchase as part of the amended 2022/23 – 2023/24 Operating Budget to support the Parks and Recreation Department to meet work performance needs; and
WHEREAS, eleven vehicles scheduled for replacement in FY 2023/24 in the Police and Public Works Departments were inspected and evaluated by staff who determined it was prudent to replace them at this time due to the wear and tear and elevated maintenance costs; and
WHEREAS, the one new vehicle will be purchased and the eleven vehicles will be replaced in accordance with the Vehicle Policy 10-9 and will encompass the purchase of eight Ford Police Interceptors, two Ford Explorers, one Ford Ranger, and one Ford F150 Pickup truck; and
WHEREAS, the bid from Bill Brandt Ford is the lowest responsive and responsible bid; and
WHEREAS, these purchases are in compliance with the Purchasing Policy No. 10-7 and the Use of Vehicles and Related Equipment Policy No. 10-9; and WHEREAS, of the total $656,030 cost, $37,110 will be expended through the Parks and Recreation 2023/24 Operating Budget and $618,920 will be expended

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through the Vehicle and Equipment Replacement Fund, which are included in the City Council amended 2023/24 Operating Budget.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve the purchase of eleven replacement vehicles (eight Police Interceptors and two Explorers for the Police Department, one Ford F150 truck for the Public Works Water Division), and one new vehicle (Ford Ranger for the Parks & Recreation Department) from Bill Brandt Ford in Brentwood, CA; and authorize the City Manager or designee to execute any necessary associated documents in a total amount not to exceed $656,030 for fiscal year 2023/24.

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

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CITY COUNCIL AGENDA ITEM NO. E.8
04/09/2024
SUBJECT: Reimbursement Agreement with Strauch Brother Incorporation, DR 19-003 for off-site traffic signal modifications located at the intersection of Brentwood Boulevard and Sunset Road.

DEPARTMENT: Engineering Department
STAFF: Allen Baquilar, Director of Engineering/City Engineer Debra Galey, Senior Analyst

TITLE/RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or designee to execute a Reimbursement Agreement with Strauch Brother Incorporation (“Developer”) DR 19-003, for costs associated with off-site traffic signal modifications located at the intersection of Brentwood Boulevard and Sunset Road.

FISCAL IMPACT
Full traffic signal modification expenses were $341,685, per invoices submitted by the Developer. The total amount of the reimbursement allowed per the development project’s condition of approval is $200,000, plus 5% project management costs, for a total reimbursement amount of $210,000. Payment will be made from the Roadway Development Impact Fee Fund. This fund accounts for development fees collected for design and construction of roadways in the City and has sufficient funds for this reimbursement.

BACKGROUND
Design Review 19-003 approved an ARCO AM/PM gas station, convenience store and car wash located at 6970 Brentwood Boulevard. Condition of Approval #72 of the project required the Developer to make certain off-site public improvements including roadway widening, utilities and landscaped parkway at the Developer’s expense as outlined in the City’s Development Fee Program.

In addition, the condition required modifications to the existing traffic signal located at the northeasterly corner of Brentwood Boulevard and Sunset Road, to accommodate widening of the roadway intersection. The condition of approval allows

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CITY COUNCIL AGENDA ITEM NO. E.8
04/09/2024
reimbursement for the traffic signal modification expense, up to $200,000 plus a 5% project management cost.

Improvements are now complete and operational, and have been accepted as public improvements for City maintenance.

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
On July 16, 2019, the Planning Commission approved an addendum for a Mitigated Negative Declaration and Mitigation Monitoring Plan.

ALTERNATIVE OPTION(S)
Do not approve the Reimbursement Agreement for traffic signal modifications, but based on the executed agreement already in place, the City could incur legal challenges.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Reimbursement Agreement

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Attachment 1

On July 16, 2019, by Resolution No. 19-020, the Planning Commission approved a Design Review (DR 19-003) for an ARCO AM/PM gas station at 6970 Brentwood Boulevard.

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING AND AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO EXECUTE A REIMBURSEMENT

AGREEMENT WITH STRAUCH BROTHER INCORPORATION, DR
19-003, FOR COSTS ASSOCIATED WITH OFF-SITE TRAFFIC

SIGNAL MODIFICATIONS LOCATED AT THE INTERSECTION OF
BRENTWOOD BOULEVARD AND SUNSET ROAD.

WHEREAS, On July 16, 2019, by Resolution No. 19-018, the Planning Commission approved an addendum for a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan for the ARCO AM/PM Project (DR 19-003) (“Project”), located on a 2.236 acre parcel at 6970 Brentwood Boulevard; and WHEREAS, On July 16, 2019, by Resolution No. 19-020, the Planning Commission approved a Design Review (DR 19-003) for an ARCO AM/PM gas station at 6970 Brentwood Boulevard with Conditions of Approval; and WHEREAS, Condition of Approval #72 of the Project required the developer to make modifications to the existing traffic signal located at the northeasterly corner of Brentwood Boulevard and Sunset Road (“Improvements”); and WHEREAS, the Condition of Approval allows reimbursement for the traffic signal modification expense, up to $200,000 plus a 5% project management cost; and
WHEREAS, the Improvements are now complete and operational, and have been accepted as public improvements for City maintenance.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager or designee to execute a Reimbursement Agreement with Strauch Brother Incorporation, DR 19- 003, for costs associated with off-site traffic signal modifications located at the intersection of Brentwood Boulevard and Sunset Road and authorize payment upon acceptance of the Improvements by the City Council.

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

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REIMBURSEMENT AGREEMENT
ARCO CUP 19-003
6970 Brentwood Boulevard

1. PARTIES AND DATE
This Agreement is made this __ day of _________ , 20__ (“Effective Date”) by and between the City of Brentwood, California, a Municipal Corporation (“City") and Strauch Brother Incorporation ("Developer"). (Each a “Party” and collectively, “Parties.”)

2. RECITALS

2.1 As a condition to the development of Developer's Property, City required Developer to design, construct and install offsite improvements (“Improvements”). Plans for the Improvements will be completed and approved by the City pursuant to Title 16 of the City Brentwood Municipal Code and are described in more detail in Exhibit "A" attached.

2.2 Developer has advanced the costs of designing, financing, constructing, installing and inspecting the approved facilities subject to reimbursement from the City.

3. TERMS

3.1 Design and Construction of Improvements. Developer shall be solely responsible for designing, financing, bonding, constructing, installing and providing for the inspection of the Improvements. No reimbursement shall be allowed under this Agreement for any Improvement that has not been constructed and accepted by City or bonded in accordance with City ordinances and policies or secured by Developer in a manner satisfactory to the Director of Engineering/City Engineer. The Improvements shall be fully completed and ready for acceptance within the time period set forth in the Conditions of Approval for CUP 19-003. City shall approve the plans and specifications for the work prior to construction. The design, construction and installation of the Improvements shall be to the satisfaction of City in its sole and reasonably exercised discretion.

3.2 Source and Method of Reimbursement.

A. Upon acceptance of improvements by City Council, City shall provide payment to Developer for the costs associated with the construction, installation, inspection and project management of the Improvements indicated in Exhibit “A”.

3.3. Maximum Reimbursement. The total amount of the reimbursement obligation for the facilities described in Exhibit "A" shall be TWO HUNDRED AND TEN THOUSAND DOLLARS ($210,000).

3.4 Inspection. The City shall have the right at all times to inspect the construction of the Improvements to confirm compliance with City plans and specifications.

3.5 Indemnity and Insurance
A. Indemnity.
i. Developer hereby agrees to and shall indemnify and hold City and its officers, agents, and employees harmless from any and all liabilities, obligations, DocuSign Envelope ID: 185D54F8-DC7B-45C6-864B-B20C00C55083

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damages, costs, injuries, or claims, thereof, (collectively “claims”) including, but not limited to, claims for damage or personal injury, including death, and claims for property damage, arising in any manner from the performance or failure to perform the provisions of this agreement. Developer agrees to, and shall, defend, indemnify, and hold harmless the City, its officers, agents, and employees from any suits or actions at law or in equity for damages, liabilities, or obligations caused by or arising from, or alleged to be caused by or arising from, the performance of this agreement.
ii. City does not, and shall not, waive any rights against the Developer which it may have by reason of the aforesaid indemnity clause, because of the City’s acceptance, or the deposit with City by Developer, of any of the insurance policies described in this Agreement.
iii. The aforesaid indemnity clause by Developer shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not CITY has prepared, supplied or approved of, plans and specifications for the Improvements, or regardless of whether or not such insurance policies shall have been determined to be applicable to any such damages or claims for damages.

B. Insurance.
i. Liability Insurance. Prior to the commencement of any work, Developer shall furnish to the CITY, a certificate of insurance establishing satisfactory evidence of a project specific policy of liability insurance which shall be maintained at all times during the performance of their Agreement and until the acceptance of improvements by the City Council, in form and by a responsible company satisfactory to the CITY, insuring that the CITY, its officers, agents, and employees are held harmless and indemnified against loss or liability arising out of the condition of the premises or any of the work to be performed under this agreement by Developer, including all costs of defending any claim arising as a result thereof. All insurance companies affording coverage to the Developer shall be required to add the City of Brentwood as “additional insured” under the insurance policy for all work performed in accordance with this Agreement. Said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and that if any of the CITY insured’s have other insurance against the loss covered by said policy or policies, the other insurance shall be excess only. Said policy or policies shall provide for insurance in accordance with CITY required minimum limits in the amount of Five Million Dollars ($5,000,000) for bodily injury or death, each person, and Five Million Dollars ($5,000,000) for bodily injury or death, aggregate, and Five Million Dollars ($5,000,000) for property damage, aggregate. All insurance companies affording coverage to the Developer shall be insurance organizations authorized by the Insurance Commissioner of the State Department of Insurance to transact business of insurance in the State of California acceptable to the City Attorney, preferable with a Best’s rating of not less than A:VII. Each policy shall contain an endorsement that said policy shall not be cancelled or coverage reduced except upon thirty (30) days advance written notice thereof to the CITY. Developer shall require its general contractor(s) and/or subcontractor(s) to obtain satisfactory insurance (Commercial General Liability) and add the City of Brentwood as “additional insured” under the policy. The City of Brentwood requires $2,000,000 commercial general liability for property damage and $2,000,000 for bodily injury or death, aggregate, and the City shall be sent copies of the insurance certificates and additional insured endorsements for DocuSign Envelope ID: 185D54F8-DC7B-45C6-864B-B20C00C55083

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review and file. In addition, it shall be the responsibility of the Developer to ensure all Contractors and/or Subcontractors compliance with the insurance requirement as outlined in this section.
ii. Worker’s Compensation Insurance. Developer shall take out and maintain, during the life of this agreement, Workers’ Compensation insurance for all Developer’s employees employed at the site of all Improvements, and in case any work is sublet, Developer shall require any general contractor or subcontractor similarly to provide Workers’ Compensation insurance for contractor’s or subcontractor’s employees, unless such employees are covered by the protection afforded by Developer. In case any class of employees engaged in work under this Agreement at the site of the project is not protected under any Workers’ Compensation law, Developer shall provide, and shall cause each contractor and subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. Contractor hereby indemnifies CITY for any damage resulting to it from failure of either Developer, its agents, employees, contractor, or subcontractor to take out or maintain such insurance.

3.6 Commencement of Construction and Inspection. Developer and its contractor or subcontractors shall not commence construction of any of the Improvements until Developer has received written authorization from City to proceed. Written authorization shall be in the form of signed approved plans along with permit issuance. All work performed on the Improvements shall be done in strict compliance with the City approved plans, specifications and the contract documents and in a good and workmanlike manner. All work performed by Developer, its contractor or agents to construct the Improvements shall be subject to inspection by City. All fees and costs to construct the Improvements shall be borne solely by Developer, subject to reimbursement as provided herein.

Inspection by City or its employees or agents shall not relieve Developer of its liability for design defects or improper or inadequate workmanship.

3.7 Compliance with Applicable Laws. Developer shall insure that all work performed on the Improvements is performed in a manner which complies with all applicable federal, state, county and local government laws, regulations and rules, including all rules and regulations of City, as these laws, rules and regulations may be modified or changed from time to time.

3.8 Contractor Licenses. All work performed on the Improvements shall be done only by contractors licensed in the State of California and qualified to perform the type of work required and comply with the City's Business License Ordinance.

3.9 Acceptance of Work. Upon completion of the Improvements to the satisfaction of City, the Improvements shall be presented to the City Council for dedication and acceptance and for authorization to file a Notice of Completion. The City Council may accept the Improvements if it determines that the Improvements were constructed in accordance with the approved plans, specifications and contract documents that the Improvements operate satisfactorily, and that all other requirements of this agreement have been satisfied. Immediately upon, and as a condition of the expiration of the guarantee period set forth in Section 3.11, Developer shall assign to City all of Developer's rights and remedies, including warranties, as set forth in the approved contract documents, and thereafter City shall have the same recourse under said contract documents that City would have had if City itself had engaged Developer's contractor to construct the Improvements.

3.10 Liability for Work Prior to Formal Acceptance. Until the City Council has formally accepted the Improvements, Developer shall be solely responsible for all damage to the work, regardless of DocuSign Envelope ID: 185D54F8-DC7B-45C6-864B-B20C00C55083

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cause, and for all damages or injuries to any person or property at the work site, except damage or injury due to the sole negligence of City, or its employees.

3.11 Guarantee. Developer shall guarantee all work and materials for the Improvements to be free from all defects due to faulty materials or workmanship for a period of one (1) year after the date of formal acceptance of the work by City. A guarantee bond in the amount of ten (10) percent of the total cost of the Improvements as determined by the City its sole reasonable exercised discretion, shall be posted with the City prior to its acceptance of the Improvements. Developer shall repair or remove and replace and all such work, together with any other work which may be displaced in so doing, that is found to be defective in workmanship or materials within the one (1) year period, without any expense whatsoever to City. In the event Developer fails to comply with the above-mentioned provisions within thirty (30) days after being notified in writing (or in cases of emergency, immediately) City shall be authorized to proceed to have the defects remedied and made good at the sole cost and expense of Developer, who is hereby contractually bound to pay the costs and charges therefore immediately upon demand. Such action by City will not relieve Developer of the guarantee required by this section. This section shall not, in any way, limit the liability of Developer or any other party for any design or construction defects in the work subsequently discovered by City.

3.12 Record Drawings. Prior to acceptance of the Improvements by the City Council, Developer shall provide City with one mylar copy of record drawings with certification by a licensed engineer in the State of California as to accuracy and completeness. Developer shall be solely responsible and liable for ensuring the completeness and accuracy of the record drawings.

3.13 Ownership of the Improvements. From and after acceptance of the Improvements by formal action of the City Council, ownership of the Improvements shall be vested exclusively in City.

3.14 Notice. Any notices required or desired to be sent pursuant to this agreement shall be addressed as follows:

CITY: DEVELOPER:

City of Brentwood Strauch Brother Incorporation
Director of Engineering/ City Engineer Marc Strauch
150 City Park Way 193 Blue Ravine Rd Ste. 135
Brentwood, CA 94513 Folsom, CA 95630
(925) 516-5420 [email protected]

3.17 Termination. In the event that Developer defaults in the performance of any of its obligations under this agreement or materially breaches any of the provisions of this agreement, City shall have the option to terminate this agreement upon written notice to Developer.

4. GENERAL PROVISIONS

4.1 Entire Agreement. This Agreement contains the entire agreement of the Parties hereto with respect to the matters contained herein and supersedes all other writings and negotiations.

4.2 Assignment. Neither this agreement, nor any part hereof, shall be assignable by Developer without the written consent of the City, not to be unreasonably withheld or delayed.

4.3 Severability. If any term, provision, condition or covenant of this Agreement or its application to either Party or circumstances will be held, to any extent, invalid or unenforceable, DocuSign Envelope ID: 185D54F8-DC7B-45C6-864B-B20C00C55083

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the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, will not be affected, and will be valid and enforceable to the fullest extent permitted by law.

4.4 Authority. The individuals executing this Agreement and the instruments referenced in it on behalf of Developer each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement.

4.5 Jurisdiction, Venue and Governing Law. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement 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.

This Agreement will be governed by the laws of the State of California.

4.6 Waivers. The waiver by either Party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law will not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either Party of any fee or other money which may become due hereunder will not be deemed to be a waiver of any preceding breach or violation by the other Party of any term, covenant, or condition of this Agreement or any applicable law.

4.7 Time of Essence. Time is of the essence for this Agreement.

DocuSign Envelope ID: 185D54F8-DC7B-45C6-864B-B20C00C55083

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DEVELOPER:

By:

Printed Name: Marc Strauch
Title: President
By:

Printed Name: Marc Strauch
Title: Secretary
CITY:

By:

Tim Y. Ogden, City Manager
ATTEST:

By:

Margaret Wimberly, City Clerk
APPROVED AS TO FORM:

By:

Katherine Wisinski, Interim City Attorney
If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. **Group B.

Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.

DocuSign Envelope ID: 185D54F8-DC7B-45C6-864B-B20C00C55083

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EXHIBIT “A”

REIMBURSABLE IMPROVEMENTS
ARCO CUP 19-003
6970 Brentwood Boulevard
Reimbursable Improvements Amount Reimbursable for Improvements (Total Project)
Traffic Signal Modifications $200,000
Brentwood Boulevard/Sunset Road
Project Management 5% $10,000
Total Project: $210,000
DocuSign Envelope ID: 185D54F8-DC7B-45C6-864B-B20C00C55083

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CITY COUNCIL AGENDA ITEM NO. E.9
04/09/2024
SUBJECT: Authorizing the Interim City Attorney or Designee to Execute Legal Services Agreements with the law firm of Liebert Cassidy Whitmore in an Amount Not to Exceed $220,000.

DEPARTMENT: City Attorney’s Office
STAFF: Katherine Wisinski, Interim City Attorney

TITLE/RECOMMENDATION
Adopt a Resolution authorizing the Interim City Attorney or designee to execute legal services agreements with the law firm of Liebert Cassidy Whitmore in an amount not to exceed $220,000.

FISCAL IMPACT
Funding for the cost of the total not to exceed amount of $220,000 for legal services agreements with Liebert Cassidy Whitmore is included in the General Fund Operating Budget for FY 2023/24.

BACKGROUND
The City Attorney’s Office regularly contracts with outside legal counsel in order to secure and provide legal representation to the City. Per Section 4.1 of Policy No. 10- 13 (‘Signature Policy’), the City Attorney is authorized to enter into agreements for legal services and personnel investigative services in amounts of up to $75,000.

Prior to his retirement in December 2023, the former City Attorney entered into various legal services agreements with Liebert Cassidy Whitmore (‘LCW’), a California labor and employment law firm, for assistance with employment law and labor matters. In this capacity, LCW offers expertise in regard to the application of a host of laws affecting public agencies, including California’s Fair Employment and Housing Act, the 1964 Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the California Family Rights Act, the Fair Labor Standards Act, the Meyers-Milias-Brown Act, the Educational Employment Relations Act, the Public Records Act, and many others. In accordance with City policy, this authority only extends to a total of $75,000 for these

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CITY COUNCIL AGENDA ITEM NO. E.9
04/09/2024
services. As such, the City Council approved a total not to exceed amount of $100,000 for LCW services in January 2024.

The purpose of this staff report and resolution is to secure authorization from the City Council to increase existing legal services agreements with LCW by $120,000 for a total not to exceed amount of $220,000. This will allow the City Attorney’s Office to continue to work with attorneys at LCW who specialize in this area of law and ensure that the City’s legal needs are met.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous action by the City Council is included as Attachment 1.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation, which would result in the inability to continue seeking services from LCW.

2. Modify staff’s recommendation to a different amount.

3. Continue item with direction for staff to return with additional information.

ATTACHMENT(S)

1. Previous Action

2. Resolution

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On January 23, 2024, by Resolution 2024-05 and 2024-02 SA, the City Council of the City of Brentwood and the Successor Agency Board approved and authorized the City Manager or City Attorney and Executive Director or General Counsel as appropriate; to execute purchase orders, change orders and/or agreement for ongoing and/or recurring purchases, change orders and/or agreement for ongoing and/or recurring purchases that have anticipate spending over $50,000 (City Manager and Executive Director) and $75,000 (City Attorney and General Counsel) for FY 2023/24, after approval to form by the City Attorney or General Counsel, for the not-to-exceed amounts with specified vendors.

On January 23, 2024 as part of Resolution 2024-05, the City Council of the City of Brentwood approved an updated FY 2023/24, not-to-exceed amount, for LCW in the amount of $100,000.

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Reso/2024.001
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD AUTHORIZING THE INTERIM CITY ATTORNEY

OR DESIGNEE TO EXECUTE LEGAL SERVICES

AGREEMENTS WITH THE LAW FIRM OF LIEBERT CASSIDY
WHITMORE IN AN AMOUNT NOT TO EXCEED $220,000
WHEREAS, the City Attorney, acting under the authority vested in that position by Policy No. 10-13 (‘Signature Authority Policy’) has previously entered into legal services agreements with various law firms who employ attorneys whose practices include particular fields of municipal law; and
WHEREAS, these legal services agreements include contracts with the law firm of Liebert Cassidy Whitmore (‘LCW’); and
WHEREAS, on January 23, 2024, by Resolution 2024-05 and 2024-02 SA, the City Council of the City of Brentwood and the Successor Agency Board approved and authorized the City Manager or City Attorney and Executive Director or General Counsel as appropriate; to execute purchase orders, change orders and/or agreement for ongoing and/or recurring purchases, change orders and/or agreement for ongoing and/or recurring purchases that have anticipate spending over $50,000 (City Manager and Executive Director) and $75,000 (City Attorney and General Counsel) for FY 2023/24, after approval to form by the City Attorney or General Counsel, for the not-to-exceed amounts with specified vendors; and WHEREAS, on January 23, 2024 as part of Resolution 2024-05, the City Council of the City of Brentwood approved an updated FY 2023/24, not-to-exceed amount, for LCW in the amount of $100,000; and
WHEREAS, in order to secure additional legal assistance, the Interim City Attorney desires to supplement the legal services agreements with LCW; and WHEREAS, adoption of this resolution extends the City Attorney’s signature authority for these agreements by $120,000 to a total not to exceed amount of $220,000.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Brentwood does hereby authorize the Interim City Attorney or designee to execute legal services agreements with the law firm of Liebert Cassidy Whitmore for a total not to exceed amount of $220,000.

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

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CITY COUNCIL AGENDA ITEM NO. F.1
04/09/2024
SUBJECT: Annexation #15 to Community Facilities District No. 5.

DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Debra Galey, Senior Analyst

TITLE/RECOMMENDATION
Hold the Public Hearing regarding the annexation of territory to the City of Brentwood (“City”) Community Facilities District No. 5 (“CFD No. 5”).

Adopt a Resolution determining to annex territory to CFD No. 5 and calling a special election for CFD No. 5.

Conduct the special election for the annexation of territory to CFD No. 5.

Adopt a Resolution determining the results of the special election for the annexation of territory to CFD No. 5.

FISCAL IMPACT
Annexation of property will provide approximately $52,602 in additional revenue (in FY 2023/24 Dollars) for CFD facilities and services on an annual basis, once development occurs. Funds are deposited with the City by the developers to cover costs associated with the annexation of property into the Community Facilities Districts (“CFDs”).

BACKGROUND
CFDs are a funding mechanism for the increased public facilities and services provided by the City resulting from new development. These facilities and services include:
 Public Protection and Safety
 Community Amenities (e.g., Community Center and library)  Joint Use School Sites
 Flood and Storm Drainage Improvements
 Roadway Maintenance

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CITY COUNCIL AGENDA ITEM NO. F.1
04/09/2024
 Utility Undergrounding
As a Standard Condition of Approval, all new development is required to mitigate the impacts of their project. As such, many property owners elect to annex into the CFD as a means to fund the services and facilities provided to address the additional growth and associated impacts. Funding is collected by the levying of an annual special tax at a rate that was previously set when the CFD was formed ($891.57/single-family residential parcel, $445.78/multi-family residential unit and $6,595.61/acre nonresidential parcels (in FY 2023/24 dollars)). Parcels are eligible to have the special tax be levied against them the fiscal year following the issuance of a building permit.

The boundary and development projects, included in the area proposed to be annexed under Annexation#15, are shown on the attached Exhibit and include 59 single-family units. The projects are Shea Homes Orchard Grove on Adams Lane, and Cyrus Land Development, LLC on Lone Tree Way, east of the railroad tracks.

The property owners within the annexation boundary have been provided a “Waiver and Consent” form, along with the special election ballot to cast their vote. At the conclusion of the Public Hearing, a two-thirds majority of the qualified voters returning ballots (and 100% of the consent forms) will allow the completion of the annexation of the properties into CFD No. 5.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
As required by law, notice of the public hearing to annex territory to CFD. No.5 was published in the Brentwood Press on March 29, 2024.

ENVIRONMENTAL DETERMINATION

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CITY COUNCIL AGENDA ITEM NO. F.1
04/09/2024
Not Applicable.

ALTERNATIVE OPTION(S)

1. Do not conduct the election to annex the two new residential development projects into CFD No.5.

2. Require the development projects to provide an alternate means of funding for City services and facilities provided to additional development.

ATTACHMENT(S)

1. Previous Action

2. Citywide CFD Exhibit

3. Resolution – Calling a Special Election

4. Resolution – Determining Election Results

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Attachment 1

On March 12, 2002, by Resolution No. 2489, t h e City Council adopted Local Goals, Policies and Appraisal Standards Concerning the Use of the Community Facilities Act of 1982.

On June 26, 2007, by Resolution Nos. 2007-152, 2007-153 and 2007-154, the City Council established the formation of CFD No. 5.

On February 27, 2024, by Resolutions 2024-18 and 2024-19, the City Council initiated annexation of property to CFD. No.5.

The City Council has taken numerous additional actions since 2002 to annex property into the various Community Facilities Districts.

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µ
0 0.25 0.5 1 Miles
Legend
Brentwood Boundary
CFD 5 Annexation #15 Parcels
Existing CFDs Parcels
City of Brentwood
CFD 5 Annexation #15
Attachment 2

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD DETERMINING TO ANNEX TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 5, CITY OF

BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF

CALIFORNIA, AND CALLING A SPECIAL ELECTION TO SUBMIT

TO THE LANDOWNERS IN THE TERRITORY PROPOSED FOR

ANNEXATION TO THE COMMUNITY FACILITIES DISTRICT THE
QUESTION OF SUCH ANNEXATION.
(Annexation #15)
WHEREAS, the City Council (the “Council”) of the City of Brentwood (the “City”), has duly adopted Resolution No. 2024-19, on February 27, 2024 (the “Resolution”), determined, under the terms and provisions of the “Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”), that the public convenience and necessity require that certain territory more particularly described in the Resolution (the “Territory”) be annexed to the existing Community Facilities District No. 5, City of Brentwood, County of Contra Costa, State of California (“CFD No. 5”); and WHEREAS, the Resolution fixed Tuesday, the 9th day of April 2024, at the hour of 7:00 p.m., or as soon thereafter as the Council may reach the matter, at the regular meeting of the City Council, has been fixed as the time and place for a public hearing to be held by the Council to consider the proposed annexation of the Territory to CFD No. 5 and all other matters set forth in the Resolution, and notice of such public hearing was duly given as provided in the Resolution; and WHEREAS, the Annexation #15 Boundary Map was recorded in the office of the County Recorder of the County of Contra Costa on March 11, 2024 in Book 90 of Maps of Assessment and Community Facilities Districts at Page 42; and WHEREAS, pursuant to the Resolution, such public hearing was duly convened by the Council at the time and place appointed; therefore, and at such public hearing the Council considered the proposed annexation of the Territory to CFD No. 5 and any other matters set forth in the Resolution, and at such public hearing all persons interested, including all taxpayers, property owners and registered voters within CFD No. 5 and within the Territory, were given an opportunity to appear and be heard, and the testimony of all interested persons or taxpayers for or against such proposed annexation or any other matters set forth in the Resolution was heard and considered; and
WHEREAS, the Council is fully advised in this matter.

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

Section 1. The above recitals are true and correct, and the Council so finds and determines.

Section 2. The Council hereby accepts the Certificate of Clerk that 100% of the voters eligible to vote in this election have delivered to the Clerk properly executed waivers in the form approved.

Section 3. The Council hereby determines to call a special election to submit to the landowners in the Territory (which landowners are the electors qualified to vote at such special election) the question of annexing the Territory to CFD No. 5, and in connection with such election, the Council finds and determines that all landowners in the Territory have waived any and all time periods relative to such election pursuant to California Government Code Section 53326(a), and they have waived the preparation and distribution of an impartial analysis of the ballot proposition, as well as arguments in favor and against such proposition, pursuant to California Government Code Section 53327(b), and they have waived the requirement to publish notice of the election pursuant to California Government Code Section 53352, and they have waived the requirements regarding the time to mail ballots pursuant to California Elections Code Section 4101, and they have agreed to accept either mailed service or personal service of the ballots, and they have waived the requirements regarding identification envelopes for the return of mailed ballots pursuant to California Government Code Section 53327.5, and they have requested that the election be expedited.

Section 4. The Council finds and determines that written protests to such proposed annexation are insufficient in number and in amount under the Act and that such proposed annexation has not been precluded by a majority protest as provided in the Resolution; and accordingly the Council hereby orders that all protests to such proposed annexation are hereby overruled.

Section 5. The Council hereby incorporates the Resolution, and reconfirms all of its findings and determinations contained therein, and if such proposed annexation is approved at the election called by this resolution, the Territory shall be annexed to and shall become a part of CFD No. 5; and upon recordation of a notice of special tax lien pursuant to Section 3117.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of such special tax shall attach to all nonexempt real property in CFD No. 5 (as constituted after such election), which lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien cancelled in accordance with law or until collection of such special tax by the Council ceases, or until June 30, 2107, whichever is earlier.

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Section 6. A special election shall be and is hereby called and ordered to be held in the Territory on Tuesday, April 9, 2024 at 7:00 p.m., or as soon thereafter as the Council may reach the matter, in accordance with and subject to the Act and applicable law and the terms hereof, at which special election there shall be submitted to the landowners in the Territory the question of annexing the Territory to CFD No. 5, and the ballot proposition for use at such special election shall be as follows:

Shall the parcels of land as described in Resolution Nos. 2024-18 and 2024-19 adopted by the City Council of the City of Brentwood on February 27, 2024, be annexed to Community Facilities District No. 5, City of Brentwood, County of Contra Costa, State of California, and be subject to the special tax and to the obligations for bonded indebtedness to the same extent as all parcels of land already within CFD No. 5.

Section 7. The City Clerk (the “Clerk”) is hereby designated as the official to conduct such special election in accordance with and subject to the Act and applicable law and the following provisions of this resolution:
(a) Such special election shall be held and conducted, and the vote thereat canvassed and the returns thereof made, and the results thereof ascertained and determined, as provided herein; and in all particulars not prescribed by this resolution such special election shall be held and conducted and the votes received and canvassed in the manner provided by law for the holding of general elections in the City that are consistent with the Act.
(b) All landowners within the Territory upon the date of such special election herein called shall be qualified to vote upon the proposition to annex the Territory to CFD No. 5 to be submitted at such special election.
(c) Such special election shall be conducted as a mailed ballot election, in accordance with the provisions of the Act and the prior proceedings of the City taken there under and there shall be no polling place for such special election. All official ballots shall be mailed or personally delivered to such landowners, and all voted ballots are required to be received at the office of the Clerk not later than 7:00 P.M. on the day of the special election in order to be counted. (d) Each voter to vote for the proposition to be submitted at such special election shall mark a cross (+), or other symbol indicating intent, in the blank space opposite the word “YES” on the ballot to the right of such proposition, and to vote against such proposition shall mark a cross (+), or other symbol indicating intent, in the blank space opposite the word “NO” on the ballot to the right of such proposition, which cross (+), or other symbol, may be marked with either pen or pencil. (e) The Clerk shall commence the canvass of the returns of such special election at her office at the conclusion of such special election, and at the conclusion

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of such canvass shall determine the results of such special election; provided, that if all the qualified electors shall have voted on the proposition hereby submitted at any time prior to 7:00 P.M. on the date of such special election, the Clerk shall close such special election at such time and thereupon shall proceed to canvass the returns of such special election and to determine the results thereof. (f) The Council shall meet at its regular meeting on Tuesday, April 9, 2024 and if all ballots are cast and returned to the Clerk, the Council shall declare the results of such special election as determined by the Clerk and shall cause to be spread upon its minutes a statement of the results of such special election as ascertained by such canvass.

Section 8. If two-thirds (2/3) or more of the votes cast upon the proposition to annex the Territory to CFD No. 5 are cast in favor thereof, as determined by the Council after reviewing the returns of such special annexation election, the Territory shall become annexed to CFD No. 5, and shall be subject to the special tax and to the obligations for bonded indebtedness to the same extent as all parcels of land already within CFD No. 5.

Section 9. The Director of Finance and Information Systems or designee, at 150 City Park Way, Brentwood, California 94513 (telephone (925) 516-5400) will be responsible for preparing annually a current roll of special tax levy obligations by Contra Costa County Assessor’s parcel numbers, and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Government Code of the State of California.

Section 10. This resolution shall take effect from and after its adoption.

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

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD

DETERMINING THE RESULTS OF THE SPECIAL ELECTION TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 5, CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA. (Annexation #15)
WHEREAS, the City Clerk of the City of Brentwood has duly canvassed the votes cast at the special election held to annex territory to Community Facilities District No. 5, City of Brentwood, County of Contra Costa, State of California (“CFD No. 5”), on April 9, 2024, upon the proposition hereinafter set forth, and has certified to this City Council the results of the votes cast at such special election upon such proposition, which certification is now on file in the office of the Clerk of the City of Brentwood.

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

Section 1. The above recital is true and correct, and this City Council so finds and determines.

Section 2. The canvass of the votes cast at the special mailed-ballot election held to annex territory to CFD No. 5 held on April 9, 2024, as shown by said certification, is hereby approved and confirmed.

Section 3. At such special mailed-ballot election, the following proposition was submitted to the landowners in the area proposed for annexation to CFD No. 5, and the number of votes cast for and against such proposition, as set forth in said canvass, is determined to be as follows:

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BALLOT MEASURE
Shall the parcels of land as described in Resolution Nos. 2024-18 and 2024-19 adopted by the City Council of the
City of Brentwood on February 27, 2024, be annexed to
Community Facilities District No. 5, City of Brentwood, County of Contra Costa, State of California, and be subject to the special tax and to the obligations for bonded
indebtedness to the same extent as all parcels of land
already within CFD No. 5.

Number of votes
YES
__________
Number of votes
NO
__________
Section 4. The total number of votes cast at such special mailed-ballot election for and against such propositions was and is set forth in said canvass.

Section 5. More than two-thirds (2/3) of all the votes cast at such special mailed-ballot annexation election were cast in favor of such annexation proposition, and such annexation proposition carried.

Section 6. The City Clerk of the City of Brentwood is hereby directed to enter this resolution on the minutes of this City Council, which shall constitute the official declaration of the results of such special mailed-ballot election, and is hereby further authorized and directed to record a notice of special tax lien in accordance with the provisions of Section 3117.5 of the Streets and Highways Code of the State of California.

Section 7. This resolution shall take effect from and after its adoption.

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

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CITY COUNCIL AGENDA ITEM NO. G.1
04/09/2024
SUBJECT: Vineyards Parkway Traffic Update
DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Steve Kersevan, Engineering Manager

TITLE/RECOMMENDATION
Receive an update on Vineyards Parkway related to acquiring additional Rectangular Rapid Flashing Beacons (“RRFBs”), increasing the duration of flashing time for beacons, most recent traffic study, traffic incident reports for 2022 and 2023, landscape improvements, prepare budget opportunities if unsuccessful on grants, develop specific instructions for landscaping contractor(s), consider the installation of additional speed limit signs, and other measures that the City can implement to improve safety, discuss and provide direction.

FISCAL IMPACT
Staff has applied for a Transportation Development Act (“TDA”) grant to acquire additional RRFB’s and flashing crosswalk signs. If staff is unsuccessful in receiving the grant funding, staff would return to the City Council for direction to identify an alternative funding source(s) for RRFBs, most likely the General Fund.

BACKGROUND
Vineyards Parkway is a 1.6-mile long public street that serves the Trilogy at the Vineyards neighborhood and connects between Fairview Avenue to the north and Marsh Creek Road to the south (Figure 1). It consists of two vehicle and two bike lanes (one in each direction) separated by a 16-foot wide landscaped median island with meandering 10-foot wide multi-use paths on both sides. Vineyards Parkway also serves Los Medanos Community College and Club Los Meganos. In the event the amphitheater and event center contemplated by the City are eventually built, Vineyards Parkway would also serve these facilities.

On December 12, 2023, the City Council directed staff to spend time and resources on the following:

1. Obtaining and installing additional flashing beacons,

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2. Increasing the duration time of flashing beacons,

3. Gathering and providing the most recent traffic study,

4. Providing traffic incident reports for 2022 and 2023

5. Continue with landscape improvements and Develop specific instructions for landscaping contractor(s),

6. Prepare budget opportunities if unsuccessful on grants, and

7. Consider installation of additional speed limit signs, and report on things the City can do to improve safety.

Figure 1: Vineyards Parkway (highlighted in green)
Obtain and Install Additional Flashing Beacons
There are currently RRFBs installed and operational at Vineyards Parkway, at the southerly crosswalk at the intersection of Solera Street/Trilogy Parkway. RRFBs are a measure used at pedestrian crossings to improve safety as they provide many benefits, including increased visibility and improved pedestrian safety.

Figure 2: Rectangular Rapid Flashing Beacon at Solera St/Trilogy Pkwy

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RRFBs are activated when a pedestrian presses a button at either end of the crosswalk prior to entering. The RRFBs then rapidly flash to alert drivers that there is a pedestrian crossing the street.

At the City Council’s request, staff has begun the process of procuring additional RRFBs, pending grant approval, and plans to have the RRFBs installed in summer 2024. Upon grant approval, staff intends to install additional RRFBs with push buttons within the median islands where the existing crosswalks at the intersections of Solera Street/Trilogy Parkway and Andalucia Lane/Sacred Mountain Lane.

Additionally, staff intends to purchase and replace the advance cross walk warning signs that will similarly light up when activated to provide additional warning for drivers of pedestrians crossing Vineyards Parkway as depicted in the following figures.

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Figure 3: Proposed Enhancements at Solera St/Trilogy Pkwy Figure 4: Proposed Enhancements at Andalucia/Sacred Mountain Ln

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Flashing Beacon Timing
Once activated, the time programmed for the Flashing Beacons to flash is currently set at 20 seconds. This timing is based on the length of the crosswalk (60 feet) and a pedestrian walking speed of 3.0 feet per second (ft/s). This is less than the Manual on Uniform Traffic Control Devices’ recommended walk times, which is set at 3.5 ft/s.

The timing is to take into consideration the slower walking speed of residents in the area.

The concern with adding additional flashing time (in excess of the recommendation) to the crosswalk is that, over time, future drivers may become desensitized to an intersection with actively flashing RRFB’s that is clear of pedestrians. To address the concern that there is not enough time currently allotted to cross Vineyards Parkway, an additional push button could be installed at the median islands that are half-way across the crosswalk. These would be available to pedestrians to activate, should they need additional time to cross Vineyards Parkway. Staff will continue to monitor the timing and needs of the community, and adjust as needed.

Traffic Study
The City has performed analyses and speed surveys of Vineyards Parkway, which are provided in Attachment 2. The surveys are summarized as follows:
2-year report on Vineyards Parkway Traffic Incidents
The following are the reported traffic incidents along Vineyards Parkway from January 1, 2022 thru December 31, 2023:

Incident #1:

Date: 3/13/22, Sunday. Location: Marsh Creek Road
Party(s): 1 Passenger Vehicle (driver age 26)
Damage: Hit a fixed object
Cause: Under the influence
Injuries: 0
Incident #2:

Date: 3/30/22, Wednesday. Location: John Muir Parkway
Party(s): 1 Passenger Vehicle (driver age 20), 1 Bus
Damage: Head-on Collision
Cause: Improper turning
Injuries: 2

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Incident #3:

Date: 9/4/22, Sunday. Location: Miwok Avenue
Party(s): 1 Passenger Vehicle (driver age 17)
Damage: Hit a fixed object
Cause: Under the influence
Injuries: 1
Incident #4
Date: 4/29/23, Saturday. Location: 15-ft west of Solera Street Party(s): 2 Passenger Vehicles (drivers age 29 & 54)
Damage: Rear-end collision
Cause: Under the influence
Injuries: 0
Incident #5
Date: 6/8/23, Thursday. Location: 526-ft west of Miwok Avenue Party(s): 1 Passenger Vehicle (driver age 19)
Damage: Hit a fixed object
Cause: Driving at unsafe speed
Injuries: 0
Incident #6
Date: 10/27/23, Friday. Location: Solera Street
Party(s): 1 Passenger Vehicle (driver age 65), 1 Pedestrian (age 74) Damage: Driver making a right turn hit pedestrian crossing Solera Street Cause: Driver did not see pedestrian
Injuries: 1 (fatal)
In summary, there have been a total of six incidents along Vineyards Parkway, with three incidents occurring in 2022 and three in 2023. In regards to pedestrian safety, one of the incidents in 2023, unfortunately resulted in a fatality. The locations of the incidents are shown on the following figure.

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Figure 5: Vineyards Parkway Traffic Incidents
Grant Opportunities
Staff has applied for a Transportation Development Act (TDA) grant to fund the purchase of additional RRFBs and flashing crosswalk signs to be installed on Vineyards Parkway as discussed in this report. TDA funding is provided through a ¼ cent sales tax collected statewide. Staff has historically applied for and been successful in obtaining TDA grant funding and has applied those funds towards various traffic and pedestrian related improvements throughout the City. Most recently, sidewalk improvements were built along the east side of Fairview Avenue between Sand Creek Road and San Jose Avenue through TDA grant funds.

Initial feedback from the Countywide Bicycle and Pedestrian Advisory Committee, who administers the TDA, supports the approval of grant funding for the devices

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described in this report to be installed on Vineyards Parkway. Final approval is anticipated to be granted by July 1, 2024, at which time staff would procure the devices and have them installed this summer. If staff is not successful in securing an approval for TDA grant funding, staff would return for additional direction to identify alternative funding sources, most likely the General Fund.

Landscape Maintenance
Terracare, the City’s landscaping contractor, under the direction of the Parks and Recreation Department, performed focused landscape trimming along Vineyards Parkway and will ensure that proper sight distances for both motorists and pedestrians are maintained.

Additionally, Engineering has evaluated all intersections along Vineyards Parkway and confirmed proper stopping sight distance is currently provided. Stopping sight distance has been calculated at 10 mph over the posted 35 mph speed limit to incorporate an additional factor of safety. This is consistent with traffic engineering standards for stopping sight distance.

Additional Traffic Signage
The California Department of Transportations (Caltrans) publishes the California Manual for Uniform Traffic Control Devices (CA-MUTCD). The CA-MUTCD aims to improve safety and mobility for all travelers in California by providing guidance to transportation practitioners that strives to balance safety and convenience for everyone in traffic — drivers, pedestrians, and bicyclists.

Staff regularly reviews proposed and existing traffic signs throughout Brentwood to make sure they are consistent with CA-MUTCD and does not recommend additional signage at this time, other than the enhancements to add additional RRFBs at the median islands and replace the existing standard advance crosswalk warning signs with the same sign flashing in coordination with the RRFBs.

Other Measures:

Staff has researched other measures that could slow vehicles on Vineyards Parkway and/or provide a better sense of safety for pedestrians as directed by City Council.

The following is the list of measures that were considered and the findings that were made for each:

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1. Stop Sign Warrant Analysis
Staff utilizes stop sign warrants to analyze intersections for stop sign installations and includes criteria or conditions that must be met for the installation of a stop sign at a particular intersection or location. These warrants are established by traffic engineering guidelines and standards to ensure that stop signs are installed only where they are truly necessary for traffic control and safety purposes. The purpose of stop sign warrants is to provide a systematic and objective method for determining when a stop sign is warranted based on traffic conditions and other relevant factors.

By adhering to established stop sign warrants, staff ensures that stop signs are installed where they are truly needed, thus helping prevent the overuse of stop signs, that could lead to driver confusion, reduced compliance, and compromised safety at intersections.

Staff conducted a stop sign warrant analysis for Vineyards Parkway at Solera Street/Trilogy Parkway and determined that a stop-sign installation is not warranted, as two of four conditions must be satisfied to consider an all-way stop. The warrant considers total vehicular volume in the intersection, accident history, stopping and sight distance, and speed. This stop sign warrant analysis only satisfied one condition, which was speed.

2. Assessing the Speed Limit
In California, speed limits are governed by the California Vehicle Code (CVC).

To lower a speed limit staff starts by performing an engineering and traffic survey to determine the 85th percentile speed, which represents the speed at or below which 85% of vehicles are traveling. Research has shown that setting speed limits close to the 85th percentile speed tends to promote uniformity in vehicle speeds. When most vehicles are traveling at similar speeds, it reduces the likelihood of conflicts and collisions caused by speed differentials between vehicles.

In addition, the 85th percentile speed in setting speed limits provides a defensible rationale. It aligns with the principle of engineering judgment based on empirical data, which can be crucial in legal proceedings related to traffic enforcement and liability.

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Caltrans notes that:

The 85th percentile speed is the single most influential indicator of what is safe and reasonable, and it is used to determine the speed limit by rounding to the nearest 5 mph increment, and posting the speed limit at that speed. If there are sufficient conditions not readily apparent to the driver, as determined by a registered engineer, the posted speed limit can be lowered by 5 mph, and such a decision must be clearly documented in the [engineering and traffic study].
1 An official speed survey was conducted in 2018, and the 85th percentile speed was determined to be 36 mph northbound and 37 mph southbound. Speed data collected in over the years, and most recently in January 2024 from the deployed speed radar signs are consistent with the 2018 survey findings, as well. Therefore, after considering the conditions, the currently posted speed limit of 35 mph is accurate for this area, and it is not recommended to lower the speed limit because of the laws set forth by the CVC.

3. Speed Bumps
Staff utilizes a speed bump survey to assess whether the installation of speed bumps, or speed humps, is warranted at a particular location based on established criteria and guidelines. There are eight street characteristics included in the assessment. In order for a speed bump to be considered, all eight street characteristics must be answered to the affirmative on the Speed Bump Worksheet.

A speed bump survey for Vineyards Parkway was conducted and the survey concluded that Vineyards Parkway does not qualify for speed bumps because of 1) the roadway classification; 2) roadway width; 3) insufficient traffic volumes; and 4) speed limit of 35 mph.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable

1 Caltrans “Setting Speed Limits” (available online at: https://dot.ca.gov/programs/safety-programs/setting-speedlimits#:~:text=The%2085th%20percentile%20speed%20is,speed%20limit%20at%20that%20speed)

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
Alternative options to the staff recommendations:

1. Continue item with direction for staff to return with additional information.

ATTACHMENT(S)

1. Previous Action

2. Reports

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Attachment 1

On December 12, 2023, the City Council directed staff to spend time and resources related to obtaining and installing additional flashing beacons, increasing the duration for flashing beacons, provide the most recent traffic study, provide traffic incident reports for 2022 and 2023, continue with landscape improvements, prepare budget opportunities if unsuccessful on grants, develop specific instructions for landscaping contractor(s), consider the installation of additional speed limit signs, and report on other things the City can do to improve safety.

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Attachment 2
Stop Sign Warrant (Solera St/Trilogy Pkwy)

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Moderate Volume Streets (4,000 or less vehicles per day) Multi-way STOP control may be considered if any 2 of the following 4 conditions exist:

I. Minimum Traffic Volumes
a. Average 8-hour volume greater than 300-vph
b. Combined vehicle and pedestrian volume from side street average at least I 00 for the same 8-hour period
c. Use 60% of volume criteria if all of the following are met:

Both roadways have residential frontage
with 25 MPH speed limits
Neither Streets exceeds 40 feet of roadway width
No STOP control or signal on major roadway with
a distance of 800 feet
Intersecting roadways extend 800 feet or more away
from the intersection
Intersection has 25 or more school age children
crossing on an average day
>if yes, is 60% volume criteria satisfied
Minimum Volume satisfied (both a & b or c only)

2. Accidents
yes/@
yes@
yes@
yes�
@!no
@!no
yes.I@)
Four accidents within a 12-month period susceptible of correction by a Multi-way STOP
Four or more accidents yes@

3. Visibility
The straight line of sight distance from the
major roadway on one or more approaches for vehicles
or pedestrians is less than 250 feet

4. Speed
yes@
Average speed for the approaches to the intersection exceed 30MPH @!no
Warrant Satisfied ( at least 2 of the 4 conditions are satisfied) yes� Attachment 2

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Attachment 2

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Attachment 2

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Attachment 2

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Attachment 2

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Attachment 2

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Attachment 2
Vehicle Speed Survey Page 90 of 172
Attachment 2

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Attachment 2
Speed Bump Survey/Analysis Page 92 of 172
CITY COUNCIL AGENDA ITEM NO. G.2
04/09/2024
SUBJECT: Amendments to City Council/Administrative Policy 110-5, renamed ‘Code of Conduct Policy’
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Darin Gale, Assistant City Manager

TITLE/RECOMMENDATION
Adopt a Resolution approving amendments to City Council/Administrative Policy 110- 5, renamed as ‘Code of Conduct Policy.’

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

BACKGROUND
In response to Council Member Mendoza’s future agenda request, the City Council provided direction about amendments to the City Council Ethics and Conduct policy (the Policy). At the October 10, 2023 meeting, the City Council directed staff to update the policy and include the following:
 Separate the conduct portion of the policy from the core values  Create a new section related to conduct during closed session  Create a new section regarding the use of cell phones during meetings  Amend “Conduct with the Public” to allow for clarifying questions during public comment
 Add Commissioners to the Policy
 Update the “Conduct with Commissions” section to not conflict with the Brown Act when reporting inappropriate behavior if the current process is not followed Attached is a both a redline and clean version of the proposed update to the City Council Code of Conduct Policy. As part of this project, staff reviewed a variety of other cities’ policies related to both conduct and ethics. In addition to the items requested by the City Council, staff included other proposed changes to the policy based upon staff’s research consistent with City Council’s general direction.

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Below is a summary of each of the City Council’s recommended changes to the Ethics and Conduct Policy and other staff-initiated changes:

1. Separate the code of conduct portion of the policy from the core values The current adopted policy is called the ‘Ethics and Conduct Policy.’ The Policy does not create a distinction between the aspirational ethics included in the core values section and the code of conduct. As a result, the policy can be difficult to implement and enforce, as assessments of values may be subjective rather than objective.

The updated version of the Policy is recommended to be called the ‘Code of Conduct Policy.’ The core values are proposed to be renamed as ‘Statements of Values and Ethics,’ and attached to the policy and referenced in the certification process.

The following amended statement is proposed to be included in the certification that will be signed by each member of the City Council and Commissions:

As an elected official or appointee of the City of Brentwood, California, I herein certify that I have received a copy of the City’s Code of Conduct Policy, have been offered assistance in understanding this Policy, and am aware of the provisions of the Policy and its application to my responsibilities. Consistent with the Policy, I pledge that I will abide by the Policy in the conduct of my duties and perform these duties following the adopted Statements of Values and Ethics included below.

2. Create a new section related to conduct during closed session The current Policy does not included conduct related to closed session. Below is the proposed language:

Conduct during Closed Session
Closed sessions are meetings conducted in private without the attendance of the public or press. They are permitted for specific purposes as part of a regular or special meeting, and during an emergency meeting to consider threats to public facilities and services. Courts construe the statutory basis for closed sessions narrowly. Generally, to preserve the confidentiality of closed sessions, only essential staff should be present during the closed session. a) No person may disclose confidential information that has been acquired by being present in an authorized closed session to a person not entitled to receive that confidential information, unless the legislative body authorizes disclosure of that confidential information.

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b) “Confidential information” means a communication made in a closed session that is specifically related to the basis for the legislative body of a local agency to meet lawfully in closed session.
c) All documentation provided for or during a closed session is confidential and shall not be shared for any reason with anyone not authorized to participate in the closed session. Documents distributed during closed session or notes taken shall be returned as directed by the City Attorney. d) Electronic devices of any kind shall not be used during closed session.

If, due to an emergency, a member of the City Council receives an electronic communication in the course of a closed session, they shall remove themselves from the meeting room to communicate with another individual.

3. Create a new section regarding the use of cell phones during meetings The current policy does not include language regarding cell phone or any other electronic devices during meetings. Included in the proposed language below is language related to the use of all electronic devices, not just cell phones during public meetings.

Use of electronic and other personal devices.
a. City computers are provided as a convenience for City Council and Commissioners to review presentations and publically available information included in staff reports. Use of City computers shall not to be used for research not available to the public or for communication purposes during a meeting.
b. Personal devices, which include but are not limited to cell phones, laptops, smart watches, etc shall not be used during a meeting for City business. The use of these devices for personal use should be limited, for non-city emergency related purposes.

4. Amend “conduct with the Public” to allow for clarifying questions during public comment.

Staff included language that “clarifying questions seeking to understand” is included in the conduct with the Public section of the Policy.

5. Add Commissioners to the Policy

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The Policy is updated to include both the City Council and Commissioners as part of the Policy. Commissioners are not subject to the provisions of Section 3.2 (‘Violations’). Violations by Commissioners of this Policy or any other applicable City Council/Administrative Policy may be considered by the City Council, or by a City Council Subcommittee, who will make a recommendation to the City Council on an appropriate City Council response.

6. Update “Conduct with Commissions” section to not conflict with the Brown Act when reporting inappropriate behavior if the current process is not followed
New proposed language has been added based upon the current language updated in 2022 in the City Council portion of the Policy if the process of informing the Mayor is not followed.

7. Other staff proposed amendments
 2.1 Council-Manager Form of Government – Includes language related to the City Manager form of Government as established by the Municipal Code  2.3 City Letterhead – Included reference to electronic versions  2.5 Conduct with City Staff – Included updated language related to process to be followed
 3 Implementation and Enforcement – clarifications made to the enforcement procedures
 Core Values – Now referred to as Statements of Values and Ethics  All Sections – Removed gender specific language
 A variety of other minor edits that are included in the redline version of the document
This Policy is an important document, adopted and enforced by the City Council. All recommendations can be amended as directed. This Policy is enforced by the City Council and it is imperative that the intent and language of the document be that of the councilmembers.

Finally, this amended Policy does not apply to violations of State and Federal law. If the Council wants to explore enforcement of State or Federal Law, a future agenda items would need to be requested, as staff would require the services of special counsel to prepare an opinion memo analyzing the request.

CITY COUNCIL STRATEGIC INITIATIVE

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Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:

1. Do not approve staff’s recommendation.

2. Modify staff’s recommendation based on legally defensible findings.

3. Continue item with direction for staff to return with additional information.

ATTACHMENT(S)

1. Previous Action (if applicable)

2. Resolution

3. 110-5 Code of Conduct Policy (Red Line Version)

4. 110-5 Code of Conduct Policy (Clean Version)

5. 110-5 Ethics and Conduct Policy

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

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

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

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

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

On October 11, 2022, the City Council adopted Resolution No. 2022-127, amending the City Council’s Ethics and Conduct Policy to allow discussion of alleged City policy violations by members of the City Council, when following the Policy could otherwise result in a quorum of the City Council discussing such allegations outside of a noticed meeting.

On October 10, 2023, the City Council directed staff to separate the Code of Conduct Policy from the aspirational Statements of Values and Ethics, include Commissioners as part of the Policy and add new sections related to the use of electronic devices during public meetings and conduct during and after closed session.

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD AMENDING COUNCIL/ADMINISTRATIVE POLICY
NO. 110-5 (ETHICS AND CONDUCT) TO SEPARATE THE CONDUCT

POLICY FROM THE STATEMENTS OF VALUES AND ETHICS AND

OTHER AMENDMENTS
WHEREAS, the City Council periodically adopts and amends Council/Administrative policies to clarify the rules and expectations governing Council business and City procedures; and
WHEREAS, on January 8, 2013, the City Council formed an ad hoc committee comprised of then Vice Mayor Bryant and Council Member Stonebarger. The committee was authorized to review City Council/Administrative Policies regarding their applicability to City Council Members; consider how violations of those policies by Council Members would be treated; and recommend updates of those policies to the City Council; and
WHEREAS, on January 22, 2013, by motion, the City Council revised the purview of the City Council Policies and Procedures Committee to include the drafting of a City ethics policy; and
WHEREAS, on December 10, 2013, the City Council adopted Resolution No. 2013-174, amending in its entirety Rule No. 35 (Sanctions) of the Meeting Rules and Procedures Policy to add penalty provisions for violations of Council/Administrative Policies by the Mayor and/or Council Members; and
WHEREAS, on January 28, 2014, the City Council revised the name of the Policies and Procedures Committee to the Ethics Policy Development Committee and revised the Committee’s purview; and
WHEREAS, on May 13, 2014, the City Council adopted the Ethics and Conduct Policy (No. 110-5); and
WHEREAS, on June 14, 2016, the City Council amended the Ethics and Conduct Policy to add, from the Meeting Rules and Procedures, provisions that related more to City Council general rules of conduct; and
WHEREAS, on October 11, 2022, the City Council adopted Resolution No. 2022-127, amending the City Council’s Ethics and Conduct Policy to allow discussion of alleged City policy violations by members of the City Council, when following the Policy could otherwise result in a quorum of the City Council discussing such allegations outside of a noticed meeting; and
WHEREAS, on October 10, 2023, the City Council directed staff to separate the Code of Conduct Policy from the aspirational Statements of Values and Ethics, include Commissioners as part of the Policy and add new sections related to the use

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of electronic devices during public meetings and conduct during and after closed session.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood that Council/Administrative Policy 110-5, Code of Conduct and Statement of Values and Ethics, is amended as set forth in Exhibit A, attached hereto and incorporated herein.

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

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EXHIBIT ‘A’
Council/Administrative Policy 110-5 (‘Code of Conduct
and Statement of Values and Ethics’)

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Subject: Ethics andCode of Conduct Policy Policy No: 110-5 Date: 10/11/20224/9/24 Resolution No:
2024-xxx2022-127

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CITY OF BRENTWOOD

CODE OF ETHICS AND

CONDUCT POLICY

TABLE OF CONTENTS
Page

1. PURPOSE; APPLICABILITYPREAMBLE
....................................................................................................................2

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

23. PROTOCOL RELATED TOCODE OF CONDUCT
.....................................................................................................2 [Adapted from Existing Policy 110-1 re City Council Meeting Rules and Procedures, Rules 28-35]

3. IMPLEMENTATION AND ENFORCEMENT..................................................................... 6 Attachment 1, Certification ..........................................................................................................11

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Subject: Ethics andCode of Conduct Policy Policy No: 110-5 Date: 4/9/024 Resolution No:
2024-XXX

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

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

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

In this Policy, the term “City Council” or “Council Members” includes all member of the City Council, includings the Mayor and Vice-Mayor, unless the context requires otherwise. Sections 2 and 34 of this Policy apply to Council Members acting in their official capacities and in the discharge of their duties. Section 2 3 applyies to the City Council and Commissions. whenever Commissions are specifically mentioned.

In addition to the Code of Conduct Policy, attached are Statements of Values and Ethics adopted by the City Council.

2. CORE VALUES.

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

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• I use my title(s) only when conducting official City business, for information purposes, or as an indication of background and expertise, carefully considering whether I am exceeding or appearing to exceed my authority.
• I do not accept gifts, services or other special considerations for personal benefit because of my public position.
• I excuse myself from participating in decisions when my or my immediate family’s financial interests may be affected by my City’s actions.
• I do not give special treatment or consideration to any individual or group beyond that available to any other individual.
• I refrain from disclosing confidential information concerning litigation, personnel, property, or other affairs of the City, without proper legal authority, nor use such information to advance my financial or other personal interests.
• I demonstrate concern for the proper use of City assets (such as personnel, time, property, equipment, and funds) and follow established procedures. • I honor commitments, keep promises and build trust.

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

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

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• I do not use public resources, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes.
• I make decisions after prudent consideration of their financial impact, taking into account the long-term financial needs of the City, especially its financial stability. • I am a prudent steward of public resources and actively consider the impact of my decisions on the financial and social stability of the City and its residents.

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

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

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• I will base my decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.

23. PROTOCOL RELATED TOCODE OF CONDUCT

2.1 Council-Manager Form of Government. The City of Brentwood municipal government operates under a council-manager form of government as established by the Municipal Code. Under this form of government, the Council provides legislative direction, sets City policy, and monitors its execution by the City Manager and his or her Staff.

The City Manager serves as the City’s chief executive officer and is responsible for directing the operations of the City. Key provisions of the City of Brentwood Council-Manager form of government are outlined in the Brentwood Municipal Code.

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

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

2.323 City Letterhead; Correspondence Signatures.
a.) City Letterhead. The use of City letterhead is only for official City business. The Mayor or his/heran official designee is authorized to sign letters and various other documents on City letterhead for the following matters:
 Letters of commendation or appreciation.
 Responses to invitations.
 Cover letters accompanying ceremonial actions or official document submittals or any other matter.
 Letters supporting the League of California Cities position on a matter, unless the City Council has taken a contrary position.
 Letters supporting legislation related to approved City projects.  Supplies of City letterhead stationery, including electronic versions, may not be given or utilized by individual Council, or Commission or Board members. b.) Correspondence Signatures. City staff may prepare official letters in response to public inquiries and concerns when addressed to the Mayor and/or City Council. These letters will carry the signature of the Mayor unless the Mayor requests that they be signed by another Council Member or City staff. If correspondence is addressed only to one Council Member, that Council Member should check with the City Manager on the best way to respond to the sender ensuring the response is consistent with City policy and Council direction.

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

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

23.65 Conduct with City Staff. The City Council shall deal with the City staff solely through the City Manager or City Attorney and pursuant to Brentwood Municipal Code §§2.36.070 and 2.37.050 as may be applicable. City Commissioners shall deal with the City staff solely through the Department Director or staff person assigned as liaison to the particular Commission. If a City Council member or City Commissioner has a concern about the performance of a City employee, it will not be expressed in public, to the employee directly or to the employee’s manager. Instead, all comments will be made privately to either the City Manager or City Attorney, as appropriate.

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

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

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

City Council Members must endeavor to follow the above process. Where a Council Member making the allegation first discussed the matter with a Council Member other than the person designated to receive such an allegationMayor, then the Council Member may, at least a week before the publication of the next City Council meeting, ask the City Manager to place the matter on the next City Council Agenda for discussion under Future Agenda Items.

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

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If the Council Member is designated by the City Council to representing the City, the Council Member must support and advocate the official City position on an issue, not a personal viewpoint. If the Council Member is representing another organization whose position is different from the City, the Council Member should withdraw from voting on the issue if it significantly impacts or is detrimental to the City’s interest. Council Members should be clear about which organizations they represent and inform the Mayor and Council of their involvement. Commissioners shall not appear before another public agency or group as a representative of the City unless designated to do so. If a Commissioner makes a public statement during a public meeting or to another organization, they shall not use their City title as a Commissioner.

23.98 Conduct with the Public.
a. In Public Meetings. Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual Council Members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony.
1) Be welcoming to speakers and treat them with respect. 2) Be fair and equitable in allocating public hearing time to individual speakers. 3) Be an active listener.
4) Ask for clarificationclarifying questions seeking to understand, but avoid debate and argument with the public.
4)5) Council Members’ and Commissioners’ personal opinions or inclinations about upcoming votes should not be revealed until after the public hearing or public comment is closed.
65) Avoid personal attacks of any kind, under any circumstances.

23.109 Conduct with the Media. Council Members are frequently contacted by the media for background and quotes. Typically, the Mayor is the designated representative of the Council to present and speak on the official City position. However, if the media contacts an individual Council Member, the Council Member should be clear about whether their comments represent the official City position or a personal viewpoint. Commissioners are not allowedauthorized to make statements to the media on behalf of the City or the Planning Commission, and should be clear that they are not representing an official position or viewpoint of the City if approached by a member of the media.

2.11 Conduct during Closed Session. Closed sessions are meetings conducted in private without the attendance of the public or press, as authorized by law. They are permitted for specific purposes as part of a regular or special meeting, and during an emergency meeting to consider threats to public facilities and services. Courts construe the statutory basis for closed sessions narrowly. Generally, tTo preserve the confidentiality of closed sessions, only essential staff shouldmay be present during thea closed session. a) No person may disclose confidential information that has been acquired by being present in an authorized closed session to a person not entitled to receive that confidential information, unless the legislative body authorizes disclosure of that confidential information. b) “Confidential information” means a communication made in a closed session that is specifically related to the basis for the legislative body of a local agency to meet lawfully in closed session.

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b)c) All documentation provided for or during a closed session is confidential and shall not be shared for any reason with anyone not authorized to participate in the closed session. Documents distributed during closed session or notes taken shall be returned as directed by the City Attorney.
c) Electronic devices of any kind shall not be used during closed session. If, due to an emergency, a member of the City Council receives an electronic communication in the course of a closed session, they shall remove themselves from the meeting room to communicate with another individual.
d)

2.12 Use of electronic and other personal devices.
a) City computers are provided as a convenience for City Council and Commissioners to review presentations and publically available information included in staff reports. Use of City computers shall not be used for conducting research not available to the public or for communication purposes during a meeting.
b) Personal devices, which include but are not limited to cell phones, laptops, and smart watches, etc shall not be used during a meeting for City business. The use of these devices for personal use should be limited, for non- city emergency related purposes.

2.13 Conduct with Family Members. City Council and City Commissioners shall recuse themselves from participating in decisions when an immediate family’s financial interests may be affected by an action of the body consistent with state law and city policies. Immediate family members includes anyone that resides with a City Council member or City Commissioner and/or a spouse, domestic partner, parent, grandparent, child or sibling.

2.14 Gifts. City Council and City Commissioner shall not accept gifts, services or other special considerations for personal benefit because of their public position, consistent with state law and city policies.

2.15 Use of City Council or Commissioner Titles. Title(s) are only used when conducting official City business, for information purposes, or as an indication of background and expertise, and only after carefully considering whether the use of such titles would exceed or appear to exceed authority granted Council Member’s or Commissioner’s.

2.16 Confidential Information. Disclosing confidential information concerning litigation, personnel, property, or other affairs of the City, without proper authority is prohibited and shall not be used to advance one’s financial or other personal interests.

2.17 Statements of Behalf of the Council or Commission. City Council and Commissioners shall not make promises on behalf of their colleagues without their concurrence at a duly noticed public meeting.

2.18 Treatment of Individuals. All persons, claims, and transactions shall be treated in a fair and equitable manner and decisions based on the merits of the issue.

2.19 Disclosure of Information. If a member of the City Council or Commission receives substantive information that is relevant to a matter under consideration from sources outside the public decision-making process, that information should be shared with all colleagues and staff.

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2.20 Use of Public Resources. The use of public resources, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes is prohibited.

2.21 Roles and Responsibilities of Staff. City Council and Commissioners respect the distinction between the role of office holder and staff, and should involve staff in meetings with individuals, those with business before the City, officials from other agencies and legislators to ensure proper staff support and to keep staff informed.

2.22 Adopted City Policies. City Council and Commissioners shall follow all established City policies and guidelines.

2.23 Brown Act. Nothing in this policy shall be construed to authorize conduct that would be prohibited under the Brown Act, codified at Government Code Section 54950, et seq.

34. IMPLEMENTATION AND ENFORCEMENT

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

Upon adoption of this Policy, all current elected officials shall be given a copy of it and asked to certify, in writing, that they have received the Policy, understand its provisions, and pledge to conduct themselves by the Policy. All new members of the City Council, upon election or reelection, shall be given a copy of the Policy and are required to certify, in writing, they have received it, and understand its provisions, and pledge to conduct themselves by the Policy. (See Attachment 1.) This Policy is intended to be a reflection of the City Council’s Statement of Vvalues and Ethics in concurrence with those of the employees of the City of Brentwood and, as appropriate, may be enforced by the Council through Section 34.2 below.

34.2 Violations.

The provisions of this Section 34.2 apply exclusively to the Mayor and Council Members, and do not extend to members of City Commissions. Violations by Commissioners of this Policy or any other er

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applicable City Council/Administrative Policy may be considered by the City Council, or by a City Council Subcommittee, who will make a recommendation to the City Council on an appropriate City Council response.

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

This Section 34.2 sets forth the procedures to be followed when there is a belief that a Council Member has violated this Policy or any other applicable City policy. This Rule shall not be used for violations of State or Federal laws as such laws are subject to separate penalty and enforcement provisions outside of the City’s purview.
a) Notification of Allegation. If a Council Member believes that another Council Member has violated this Policy or any other applicable City policy, he or shethey shall notify the Mayor.

If the allegation is against the Mayor, the Vice Mayor shall be notified. If the allegation concerns both the Mayor and Vice Mayor, then the most senior Council Member shall be notified and, if two Council Members share seniority, then the Council Member who received the most votes in their most recent election shall be notified. The person selected will be provided with all background information that the Council Member making the allegation has in their possession.

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

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

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

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

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Should an allegation be brought to the City Council, the City Manager, in consultation with the City Attorney, will prepare a brief staff report that, among other things, reminds the City Council of this Rule. It will be the responsibility of the City Council Member making the allegation to present the matter to theirhis/her colleagues.
b) Potential Council Actions. While the City Council has broad discretion in deciding which of the three potential actions below it may choose to impose in response to violations of this Policy or any other applicable policy, the following are definitions and procedures related to three types of actions: admonition, sanction and censure. Admonition and sanctions are not considered punishments and there are no penalties associated with them; a censure is considered a punishment and may should include penalties. 1) Admonition
This is the least severe form of action. Admonition may typically be directed to all members of the City Council, reminding them that a particular type of behavior is in violation of City policy and that, if it occurs or is found to have occurred, could make a member subject to sanction or censure. Admonition may be issued in response to a particular alleged action or actions, although it would not necessarily have to be triggered by such allegations. Admonition may be issued by the City Council prior to any findings of fact regarding allegations, and because it is a warning or reminder, would not require a separate hearing to determine whether the allegation is true. 2) Sanction
This is the next most severe form of action. Sanction should be directed to a particular member of the City Council based on a particular action (or set of actions) that is determined to be in violation of City policy, but is considered by the City Council to be not sufficiently serious to require censure. A sanction is distinguished from censure in that it is not a punishment. A sanction may be issued based upon City Council review and consideration of a written allegation of a policy violation. The member accused of such violation will have the opportunity to provide a written or verbal response to the allegation. A sanction may be issued by the City Council and because it is not punishment or discipline, would not require a separate hearing. 3) Censure
Censure is the most severe form of action contemplated in this policy and available to the City Council. Censure is a formal statement of the City Council officially reprimanding one of its members. It is a punitive action, which serves as a penalty imposed for wrongdoing. It may be combined with loss of committee assignments (either within the City of Brentwood or with inter-governmental agencies) or the restriction of official travel.

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

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admonition or sanction; or to hold a separate hearing to consider censure. Where the City Council decides to issue an admonition or sanction, a resolution may be prepared for the next meeting based upon the City Council discussion and direction. d) Censure. If the City Council decides to conduct a separate public hearing on the question of censure, they will direct the City Manager, in consultation with the City Attorney, to engage the services of an independent third party investigator to conduct an investigation of the matter, prepare factual findings and make a recommendation as to the allegation’s merit to the City Council. At that time, the City Council will also set a “not to exceed” investigation budget. Should, in the course of the investigation, it appear that the investigator’s costs will exceed the approved budgeted amount, then the City Council will be notified, at a duly noticed public meeting, to determine whether to increase the budget or stop the investigation.

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

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

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

The investigator, in consultation with outside legal counsel, will present his or herthe report and the City Council, including the Council Member who is the subject of the investigation, will have the opportunity to question the investigator. The Council Member who is the subject of the allegation will have an opportunity to present a rebuttal to the allegation, which shall be limited to thirty minutes unless extended by the City Council. The Council Member who is the subject of the allegation may be represented at the hearing and may have the representative speak or ask questions on his or hertheir behalf. The City Council may also allow the testimony of a limited number of witnesses. The right to present witnesses shall be within the absolute discretion of the City Council.

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

Should the City Council decide to censure the Council Member against whom the allegation has been raised, they shall direct the City Manageroutside legal counsel, in consultation with the City Attorney, to prepare a resolution making findings and penalties with regard to the specific charges, based on substantial evidence. The resolution will be considered by the City Council at a duly noticed public meeting.

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

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COUNCIL/ADMINISTRATIVE POLICY
Subject: Ethics andCode of Conduct Policy Policy No: 110-5 Date: 6/14/20164/9/24 Resolution No:
2016-742024-XXX

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Attachment 1

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

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

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Ethics andCode of Conduct Policy
Policy No: 110-5 Date: 6/14/20164/9/24
Resolution No: 2016-
742024 XXX

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• I exhibit a proactive, innovative approach to setting goals and conducting the City’s business. • I show pride and enthusiasm for the City of Brentwood. • I will represent the official polices and positions of the City to the best of my ability when designated for this purpose.
• I am self-motivated and work to motivate others.
• I continually strive to do better.
• I persevere through failures.

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

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

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COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Ethics andCode of Conduct Policy
Policy No: 110-5 Date: 6/14/20164/9/24
Resolution No: 2016-
742024 XXX

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• I respect the governmental process and will perform my duties in accordance with the rules of order established by the City Council governing the deliberation of public policy issues, meaningful involvement of the public, and implantation of decisions.

Signed this day of , 20 .

Signature:

Printed Name:

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Subject: Code of Conduct Policy Policy No: 110-5 Date: 4/9/24 Resolution No:
2024-xxx
Page

CITY OF BRENTWOOD

CODE OF CONDUCT POLICY

TABLE OF CONTENTS
Page

1. PREAMBLE ....................................................................................................................2

2. CODE OF CONDUCT .....................................................................................................2 [Adapted from Existing Policy 110-1 re City Council Meeting Rules and Procedures, Rules 28-35]

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Subject: Code of Conduct Policy Policy No: 110-5 Date: 4/9/024 Resolution No:
2024-XXX

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

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

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

In addition to the Code of Conduct Policy, attached are Statements of Values and Ethics adopted by the City Council.

2. CODE OF CONDUCT

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

2.3 City Letterhead; Correspondence Signatures.

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a) City Letterhead. The use of City letterhead is only for official City business. The Mayor or an official designee is authorized to sign letters and various other documents on City letterhead for the following matters:
 Letters of commendation or appreciation.
 Responses to invitations.
 Cover letters accompanying ceremonial actions or official document submittals  Letters supporting the League of California Cities position on a matter, unless the City Council has taken a contrary position.
 Letters supporting legislation related to approved City projects.  Supplies of City letterhead stationery, including electronic versions, may not be given or utilized by individual Council, or Commission members.
b) Correspondence Signatures. City staff may prepare official letters in response to public inquiries and concerns when addressed to the Mayor and/or City Council. These letters will carry the signature of the Mayor unless the Mayor requests that they be signed by another Council Member or City staff. If correspondence is addressed only to one Council Member, that Council Member should check with the City Manager on the best way to respond to the sender ensuring the response is consistent with City policy and Council direction.

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

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

2.6 Conduct with City Staff. The City Council shall deal with the City staff solely through the City Manager or City Attorney and pursuant to Brentwood Municipal Code §§2.36.070 and 2.37.050 as may be applicable. City Commissioners shall deal with the City staff solely through the Department Director or staff person assigned as liaison to the particular Commission. If a City Council member or City Commissioner has a concern about the performance of a City employee, it will not be expressed in public, to the employee directly or to the employee’s manager. Instead, all comments will be made privately to either the City Manager or City Attorney, as appropriate.

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

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

City Council Members must endeavor to follow the above process. Where a Council Member making the allegation first discussed the matter with a Council Member other than the Mayor, then the Council Member may, at least a week before the publication of the next City Council meeting, ask the City Manager to place the matter on the next City Council Agenda for discussion under Future Agenda Items.

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

If the Council Member is designated by the City Council to represent the City, the Council Member must support and advocate the official City position on an issue, not a personal viewpoint. If the Council Member is representing another organization whose position is different from the City, the Council Member should withdraw from voting on the issue if it significantly impacts or is detrimental to the City’s interest. Council Members should be clear about which organizations they represent and inform the Mayor and Council of their involvement. Commissioners shall not appear before another public agency or group as a representative of the City unless designated to do so. If a Commissioner makes a public statement during a public meeting or to another organization, they shall not use their City title as a Commissioner.

2.9 Conduct with the Public.
a. In Public Meetings. Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual Council Members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony.
1) Be welcoming to speakers and treat them with respect. 2) Be fair and equitable in allocating public hearing time to individual speakers. 3) Be an active listener.
4) Ask clarifying questions seeking to understand, but avoid debate and argument with the public.
5) Council Members’ and Commissioners’ personal opinions or inclinations about upcoming votes should not be revealed until after the public hearing or public comment is closed. 6) Avoid personal attacks of any kind, under any circumstances.

2.10 Conduct with the Media. Council Members are frequently contacted by the media for background and quotes. Typically, the Mayor is the designated representative of the Council to present and speak on the official City position. However, if the media contacts an individual Council Member, the Council Member should be clear about whether their comments represent the official City position or a personal viewpoint. Commissioners are not authorized to make statements to the media

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on behalf of the City or the Planning Commission, and should be clear that they are not representing an official position or viewpoint of the City if approached by a member of the media.

2.11 Conduct during Closed Session. Closed sessions are meetings conducted in private without the attendance of the public or press, as authorized by law. They are permitted for specific purposes as part of a regular or special meeting, and during an emergency meeting to consider threats to public facilities and services. Courts construe the statutory basis for closed sessions narrowly. To preserve the confidentiality of closed sessions, only essential staff may be present during a closed session. a) No person may disclose confidential information that has been acquired by being present in an authorized closed session to a person not entitled to receive that confidential information, unless the legislative body authorizes disclosure of that confidential information. b) “Confidential information” means a communication made in a closed session that is specifically related to the basis for the legislative body of a local agency to meet lawfully in closed session.
c) All documentation provided for or during a closed session is confidential and shall not be shared for any reason with anyone not authorized to participate in the closed session.

Documents distributed during closed session or notes taken shall be returned as directed by the City Attorney.
d) Electronic devices of any kind shall not be used during closed session. If, due to an emergency, a member of the City Council receives an electronic communication in the course of a closed session, they shall remove themselves from the meeting room to communicate with another individual.

2.12 Use of electronic and other personal devices.
a) City computers are provided as a convenience for City Council and Commissioners to review presentations and publically available information included in staff reports. Use of City computers shall not be used for conducting research not available to the public or for communication purposes during a meeting.
b) Personal devices, which include but are not limited to cell phones, laptops, and smart watches, shall not be used during a meeting for City business. The use of these devices for personal use should be limited, for non-city emergency related purposes.

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2.18 Treatment of Individuals. All persons, claims, and transactions shall be treated in a fair and equitable manner and decisions based on the merits of the issue.

2.20 Use of Public Resources. The use of public resources, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes is prohibited.

2.22 Adopted City Policies. City Council and Commissioners shall follow all established City policies and guidelines.

2.23 Brown Act. Nothing in this policy shall be construed to authorize conduct that would be prohibited under the Brown Act, codified at Government Code Section 54950, et seq.

3. IMPLEMENTATION AND ENFORCEMENT

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

Upon adoption of this Policy, all current elected officials shall be given a copy of it and asked to certify, in writing, that they have received the Policy, understand its provisions, and pledge to conduct themselves by the Policy. All new members of the City Council, upon election or reelection, shall be given a copy of the Policy and are required to certify, in writing, they have received it, and understand its provisions, and pledge to conduct themselves by the Policy. (See Attachment 1.) This Policy is intended to be a reflection of the City Council’s Statement of Values and Ethics in concurrence with those of the employees of the City of Brentwood and, as appropriate, may be enforced by the Council through Section 3.2 below.

3.2 Violations. The provisions of this Section 3.2 apply exclusively to the Mayor and Council Members, and do not extend to members of City Commissions. Violations by Commissioners of this Policy or any other applicable City Council/Administrative Policy may be considered by the City Council, or by a City Council Subcommittee, who will make a recommendation to the City Council on an appropriate City Council response.

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

This Section 3.2 sets forth the procedures to be followed when there is a belief that a Council Member has violated this Policy or any other applicable City policy. This Rule shall not be used for violations of State or Federal laws as such laws are subject to separate penalty and enforcement provisions outside of the City’s purview.
a) Notification of Allegation. If a Council Member believes that another Council Member has violated this Policy or any other applicable City policy, they shall notify the Mayor. If the allegation is against the Mayor, the Vice Mayor shall be notified. If the allegation concerns both the Mayor and Vice Mayor, then the most senior Council Member shall be notified and, if two Council Members share seniority, then the Council Member who received the most votes in their most recent election shall be notified. The person selected will be provided with all background information that the Council Member making the allegation has in their possession.

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

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

City Council Members must endeavor to follow the above process when seeking to add an item regarding City policy violations on a City Council Agenda. Where a Council Member making the allegation first discussed the matter with a Council Member other than the person designated to receive such an allegation, then the Council Member may, at least a week before publishing the agenda for the next City Council meeting, ask the City Manager to place the matter on the next City Council Agenda for discussion. In that event, the City Manager will notify the Council Member against whom the allegation is made about the violation and future agenda item.

Additionally, the City Manager must identify the Council Member with whom the alleging City Council Member discussed the matter, both to the accused and in any staff report provided as part of the City Council Agenda.

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to three types of actions: admonition, sanction and censure. Admonition and sanctions are not considered punishments and there are no penalties associated with them; a censure is considered a punishment and should include penalties.
1) Admonition
This is the least severe form of action. Admonition may typically be directed to all members of the City Council, reminding them that a particular type of behavior is in violation of City policy and that, if it occurs or is found to have occurred, could make a member subject to sanction or censure. Admonition may be issued in response to a particular alleged action or actions, although it would not necessarily have to be triggered by such allegations. Admonition may be issued by the City Council prior to any findings of fact regarding allegations, and because it is a warning or reminder, would not require a separate hearing to determine whether the allegation is true. 2) Sanction
This is the next most severe form of action. Sanction should be directed to a particular member of the City Council based on a particular action (or set of actions) that is determined to be in violation of City policy, but is considered by the City Council to be not sufficiently serious to require censure. A sanction is distinguished from censure in that it is not a punishment. A sanction may be issued based upon City Council review and consideration of a written allegation of a policy violation. The member accused of such violation will have the opportunity to provide a written or verbal response to the allegation. A sanction may be issued by the City Council and because it is not punishment or discipline, would not require a separate hearing. 3) Censure
Censure is the most severe form of action contemplated in this policy and available to the City Council. Censure is a formal statement of the City Council officially reprimanding one of its members. It is a punitive action, which serves as a penalty imposed for wrongdoing. It may be combined with loss of committee assignments (either within the City of Brentwood or with inter-governmental agencies) or the restriction of official travel.

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

However, nothing here in shall be construed to prohibit the City Council from collectively condemning and expressing their strong disapproval of such remarks. c) City Council Discussion; Admonition or Sanction. At the meeting when the allegation is to be considered, the City Council may discuss it and determine whether to issue an admonition or sanction; or to hold a separate hearing to consider censure. Where the City Council decides to issue an admonition or sanction, a resolution may be prepared for the next meeting based upon the City Council discussion and direction. d) Censure. If the City Council decides to conduct a separate public hearing on the question of censure, they will direct the City Manager, in consultation with the City Attorney, to engage the services of an independent third party investigator to conduct an investigation of the matter, prepare factual findings and make a recommendation as to the allegation’s merit to the City Council. At that time, the City Council will also set a “not to exceed” investigation budget. Should, in the course of the investigation, it appear that the investigator’s costs will

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exceed the approved budgeted amount, then the City Council will be notified, at a duly noticed public meeting, to determine whether to increase the budget or stop the investigation.

The investigator, in consultation with outside legal counsel, will present the report and the City Council, including the Council Member who is the subject of the investigation, will have the opportunity to question the investigator. The Council Member who is the subject of the allegation will have an opportunity to present a rebuttal to the allegation, which shall be limited to thirty minutes unless extended by the City Council. The Council Member who is the subject of the allegation may be represented at the hearing and may have the representative speak or ask questions on their behalf. The City Council may also allow the testimony of a limited number of witnesses. The right to present witnesses shall be within the absolute discretion of the City Council.

Should the City Council decide to censure the Council Member against whom the allegation has been raised, they shall direct outside legal counsel, to prepare a resolution making findings and penalties with regard to the specific charges, based on substantial evidence. The resolution will be considered by the City Council at a duly noticed public meeting.

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COUNCIL/ADMINISTRATIVE POLICY
Subject: Code of Conduct Policy Policy No: 110-5 Date: 4/9/24 Resolution No:
2024-XXX
Page
Attachment 1

CERTIFICATION
As an elected official or appointee of the City of Brentwood, California, I herein certify that I have received a copy of the City’s Code of Conduct Policy, have been offered training and assistance in understanding this Policy, and am aware of the provisions of the Policy and its application to my responsibilities.

Consistent with the Policy, I pledge that I will abide by the Policy in the conduct of my duties and perform these duties in the spirit of the following Statements of Values and Ethics included below:

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COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Code of Conduct Policy
Policy No: 110-5 Date: 4/9/24
Resolution No: 2024-XXX Page
• I exhibit a proactive, innovative approach to setting goals and conducting the City’s business. • I show pride and enthusiasm for the City of Brentwood. • I will represent the official polices and positions of the City to the best of my ability when designated for this purpose.
• I am self-motivated and work to motivate others.
• I continually strive to do better.
• I persevere through failures.

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

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COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Code of Conduct Policy
Policy No: 110-5 Date: 4/9/24
Resolution No: 2024-XXX Page
• I respect the governmental process and will perform my duties in accordance with the rules of order established by the City Council governing the deliberation of public policy issues, meaningful involvement of the public, and implantation of decisions.

Signed this day of , 20 .

Signature:

Printed Name:

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

CITY OF BRENTWOOD ETHICS

AND CONDUCT POLICY

TABLE OF CONTENTS
Page

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

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

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

3.1 Ceremonial Events

3.2 City Letterhead; Correspondence Signatures

3.3 Travel Expenses

3.4 Endorsement of Candidates

3.5 Conduct with City Staff

3.6 Conduct with Commissions

3.7 Conduct with Other Public Agencies

3.8 Conduct with the Public

3.9 Conduct with the Media

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

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

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

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

2. CORE VALUES.

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

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• I do not use public resources, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes.
• I make decisions after prudent consideration of their financial impact, taking into account the long-term financial needs of the City, especially its financial stability. • I am a prudent steward of public resources and actively consider the impact of my decisions on the financial and social stability of the City and its residents.

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

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

3. PROTOCOL RELATED TO CONDUCT

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4. IMPLEMENTATION AND ENFORCEMENT.

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

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

4.2 Violations.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

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

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

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COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

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

Signed this day of , 20 .

Signature:

Printed Name:

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CITY COUNCIL AGENDA ITEM NO. G.3
04/09/2024
SUBJECT: Approve Amendments to Renamed Flag Policy to Allow for Display of Commemorative Flags
DEPARTMENT: City Manager
STAFF: Tim Ogden, City Manager

TITLE/RECOMMENDATION
Adopt a Resolution amending the updated Flag Policy to allow commemorative flags and include half-staff policies.

FISCAL IMPACT
There is no fiscal impact associated with the adoption of this Resolution.

BACKGROUND
The City has had a long standing Half-Staff Flag Policy that currently covers the protocol for lowering flags at City facilities in accordance with proper flag etiquette and respect for the flag. Historically, the City displays the Flag of the United States, the Flag of the State of California, and the City of Brentwood Flag, and commemorative flags of the military in select locations.

Staff reviewed several flag display policies and researched the constitutionality of flag policies. Flag policies typically address the display of flags and use of City flagpoles through the government speech doctrine as defined by the United States Supreme Court. This doctrine preserves the right for government to speak for itself, so long as the government does not show religious preference. In analyzing government speech in this context, the law looks to whether a given flag-raising program constitutes government speech, whether the public would tend to view the speech as government speech, and the extent to which the government controls the speech (here, the flag raisings and message conveyed by the flags raised). Shurtleff v. City of Boston, Massachusetts (2022) 596 U.S. 243.

In this regard, the City affirms that the flag-raising program proposed in this policy is intended to constitute government speech, that the City reserves the right to raise and lower flags to itself and does not discharge this duty to any third party, and that

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CITY COUNCIL AGENDA ITEM NO. G.3
04/09/2024
the City desires to act through the City Council to dictate the speech conveyed by the choice of flags raised.

The amended Flag Policy will incorporate the half-staff policy, as well as allow members of the Council to request and authorize commemorative flags be flown in addition to the current flags on display.

In adopting this policy, the City Council declares that the City’s flagpoles are not intended to serve as a forum for free expression of the public, but rather for the display of Federal, State, City and Commemorative flags that express the City's official sentiments. Just as commemorative proclamations are reviewed annually, commemorative flags would be reviewed annually for consideration at the start of each year.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous action by the City Council is included in Attachment 1.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
Not Applicable.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. 00-9 Flag Policy 2024

4. Half Staff Flag Policy

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On March 27, 2012, the City Council authorized the creation and purchase of City Flags.

On February 26, 2013, the City Council adopted Resolution 2013-28 approving the Council Council/Administrative Policy 00-9 “Half Staff Flag Policy”.

On May 26, 2015, the City Council adopted Resolution 2015-77, which updated a reference in multiple policies to reflect the reorganization of the Finance and Information Systems and City Administration Departments.

Council Member Mendoza and Council Member Pierson requested City Council discussion of, and possible direction to staff, to fly a Pride Flag outside at City Hall on an existing flagpole, as soon as feasible, and a future agenda request to develop a flag policy to establish protocols and procedures for future flag related requests.

On June 13, 2023, by Motion, the City Council directed staff fly a Pride flag outside of City Hall on the existing flag poles, one in front of City Hall and one in front of the Community Center, that the flag be flown as soon as possible in the month of June and through July 15, 2023; and then in future years for the entire month of June; and to develop a policy for future flag requests to be made to the City Council, with various options including an exclusion of flag requests that represent discriminatory language, and hate speech.

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RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD ADOPTING THE AMENDED CITY COUNCIL
ADMINISTRATIVE POLICY NO. 00-9 HALF-STAFF FLAG POLICY
WHEREAS, on January 8, 2013, Vice Mayor Bryant requested a future agenda item related to the creation of a City policy to address when the Flags at City facilities may be placed at half-staff; and
WHEREAS, on January 22, 2013, there was a consensus of the City Council to have staff bring back additional information related to a policy that would address lowering the flags at City facilities to half-staff; and WHEREAS, On February 26, 2013, the City Council adopted Resolution 2013- 28, adopting City Council Administrative Policy No. 00-8, Half Staff Flag Policy; and WHEREAS, On May 26, 2015, the City Council adopted Resolution 2015-77, which updated a reference in multiple policies to reflect the reorganization of the Finance and Information Systems and City Administration Departments; and WHEREAS, On June 13, 2023, by Motion, the City Council directed staff fly a Pride flag outside of City Hall on the existing flag poles, one in front of City Hall and one in front of the Community Center, that the flag be flown as soon as possible in the month of June and through July 15, 2023; and then in future years for the entire month of June; and to develop a policy for future flag requests to be made to the City Council, with various options including an exclusion of flag requests that represent discriminatory language, and hate speech.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood approves the amended City Council Administrative Policy No. 00-9 Flag Policy, to allow for commemorative flags.

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COUNCIL/ADMINISTRATIVE POLICY
Subject: Flag Policy Policy No: 00-9 Date: April 9, 2024 Resolution No:

DRAFT

Page 1 of 3 ends

CITY OF BRENTWOOD

PURPOSE
It will be the policy of the City of Brentwood to raise, display, and lower the Flag of the United States, the Flag of the State of California, the City of Brentwood Flag, and Council-approved commemorative flags located at City facilities in accordance with Federal and State policies proper flag etiquette and respect for the flag.

POLICY

1. Authorized display of flags at City facilities:

Flags are to be displayed in conformance with Federal and State policies, including Public Law 94-344 and California Government Code Section 430, et seq. The purpose of this policy is to establish procedures and guidelines for the display of official government flags and commemorative flags on one of the City Hall and Community Center flag poles.

Displayed and raised flags in front of City Hall and the Police Station include the Flag of the United States, the Flag of the State of California, and the City of Brentwood Flag. But for the City of Brentwood flag, the following facilities will also display the official government flags:

Municipal Services Center, and Brentwood Family Aquatics Center.

The National League of POW/MIA Families and related military flags may be flown at the following locations at all times when the United States Flag is flown: inside the City Hall Council Chambers, and Veterans Park.

In adopting this policy, the City Council declares that the City’s flagpoles are not intended to serve as a forum for free expression of the public, but rather for the display of the Federal, State, City flags, and those Commemorative flags that may be flown as an expression of the City’s official sentiments.

2. Commemorative Flags:

A commemorative Flag as defined in this Policy shall mean a flag other than those listed in Section 1 above.

The City may display commemorative flags as authorized by the City Council at a duly noticed meeting of the City Council. The City Council will only consider a request to display a commemorative flag if the request is made by a member(s) of the Council. Any such request will be accompanied by information supporting the request and graphics of the proposed flag.

Approvals to continue display of a commemorative flag will be considered annually in conjunction with the annual ceremonial proclamations review.

Commemorative flags (other than the POW/MIA and related military flags) will be displayed exclusively on the flagpole outside City Hall and the Community Center and no other location.

They will be displayed for a period of time not less than seven days and not more than thirtyone days. Such flags will be displayed in the last position of honor.

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COUNCIL/ADMINISTRATIVE POLICY
Subject: Flag Policy Policy No: 00-9 Date: April 9, 2024 Resolution No:

DRAFT

Page 2 of 3 ends

CITY OF BRENTWOOD
No more than one (1) Commemorative Flag will be flown at any given time.

3. Half-Staff Protocol for flags at City facilities:

National or State Declarations: In response to a national or state declaration, all flags at City facilities will be flown at half-staff. The flag is flown at half-staff upon the death of the following: President, former President, Vice President, former Vice President, Chief Justice or retired Chief Justice of the U.S., Speaker of the House of Representatives, Associate Justice of the Supreme Court, a member of the Cabinet, President pro tempore of the Senate, Majority Leader of the Senate, Minority Leader of the Senate, Majority Leader of the House of Representatives, Minority Leader of the House of Representatives, Member of Congress, a State Governor. The City will comply with instructions from the Federal or State government regarding how long the flags should remain lowered. (4 U.S.C. § 7(m).) Peace Officers Memorial Day – May 15: Flags at City facilities will be flown at half-staff unless that day also falls on Armed Forces Day (third Saturday in May). (4 U.S.C. § 7(m).) Memorial Day - Last Monday in May: Flags at City facilities will be flown at half-staff until noon on this day, and then raised to full staff for the remainder of the day at facilities operating on the holiday. Facilities not operating on the holiday will be flown at half-staff until the following workday. (4 U.S.C. § 7(m).)
Patriot Day – September 11: Flags at City facilities will be flown at half-staff from sunrise to sunset. (36 U.S.C. § 144(b)(2).)
Pearl Harbor Remembrance Day – December 7: Flags at City facilities will be flown at halfstaff from sunrise to sunset. (Presidential Proclamation.) Local Authority: Flags will be lowered to half-staff in the following situations:

1. Upon the death of a City Police Officer killed in the line of duty. Flags will be flown at half-staff from the date of death until internment.

3. Upon the death of a current City of Brentwood employee, flags will be flown at halfstaff until the burial of the deceased, but not for more than three days.

Procedures:

The City Clerk will maintain subscriptions to half-staff notification sites. The City Clerk will notify assigned staff in advance of occasions authorized by the Flag Code and this Policy that require the flags be flown at half-staff.

In the event of an unscheduled occasion requiring the flags be lowered to half-staff, the City Clerk will immediately notify assigned staff of the event and the duration of which the flags should remain

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COUNCIL/ADMINISTRATIVE POLICY
Subject: Flag Policy Policy No: 00-9 Date: April 9, 2024 Resolution No:

DRAFT

Page 3 of 3 ends

CITY OF BRENTWOOD
lowered.

Assigned staff will raise the flags to its peak for a moment prior to lowering them to half-staff in accordance with flag etiquette. As no other flag should be flown above the United States Flag, it will be lowered last and raised first.

The City Clerk will also notify the members of the City Council and Department Directors when flags are lowered to half-staff and the reasons for the lowering.

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COUNCIL/ADMINISTRATIVE POLICY
Subject: Half Staff Flag Policy Policy No: 00-9 Date: May 26, 2015 Resolution No: 2015-
77

Page 1 of 2 ends

CITY OF BRENTWOOD

PURPOSE
It shall be the policy of the City of Brentwood to raise, lower and display the Flag of the United States, the Flag of the State of California, and the City of Brentwood Flag which are located at City facilities in accordance with proper flag etiquette and respect for the flag.

POLICY
Half Staff Protocol for flags at City facilities:

National or State Declarations: In response to a national or state declaration, flags at City facilities shall be flown at half-staff. The flag is flown at half-staff upon the death of the following: President, former President, Vice President, former Vice President, Chief Justice or retired Chief Justice of the U.S., Speaker of the House of Representatives, Associate Justice of the Supreme Court, a member of the Cabinet, President pro tempore of the Senate, Majority Leader of the Senate, Minority Leader of the Senate, Majority Leader of the House of Representatives, Minority Leader of the House of Representatives, Member of Congress, a State Governor. The City will comply with instructions from the Federal or State government regarding how long the flags should remain lowered. Citation: Federal Flag Code. Title 4, Section 7 (m)
Peace Officers Memorial Day – May 15: Flags at City facilities shall be flown at half-staff unless that day also falls on Armed Forces Day (third Saturday in May). Citation: Flag Code, Title 4, Section 7 (m)
Memorial Day - Last Monday in May: Flags at City facilities shall be flown at half-staff until noon on this day, and then raised to full staff for the remainder of the day at facilities operating on the holiday. Facilities not operating on the holiday will be flown at half-staff until the following workday. Citation: Flag Code, Title 4, Section 7 (m) Patriot Day – September 11: Flags at City facilities shall be flown at half-staff from sunrise to sunset. Citation: Public Law 107-89, Section 144(b) (2) Pearl Harbor Remembrance Day – December 7: Flags at City facilities shall be flown at halfstaff from sunrise to sunset. Presidential Proclamation.

Local Authority: Flags shall be lowered to half-staff in the following situations:

1. Upon the death of a City Police Officer killed in the line of duty. Flags will be flown at half-staff from the date of death until internment.

2. Upon the death of a current or former Mayor or City Council Member and notification of City staff thereof, flags will be flown at half-staff until the burial of the deceased, but not for more than three days. When the funeral occurs more than three days from the date of death, the flags will then again be flown at half-staff on the burial day. As some former Council Members have relocated, should staff not be notified of the death until after the funeral, the flags will not be flown at half-staff.

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COUNCIL/ADMINISTRATIVE POLICY
Subject: Half Staff Flag Policy Policy No: 00-9 Date: May 26, 2015 Resolution No: 2015-
77

Page 2 of 2 ends

CITY OF BRENTWOOD

3. Upon the death of a current City of Brentwood employee, flags will be flown at halfstaff until the burial of the deceased, but not for more than three days. When the funeral occurs more than three days from the date of death, the flags will then again be flown at half-staff on the burial day.

Procedure:

The City Clerk shall maintain subscriptions to half-staff notification sites. The City Clerk shall notify the Facilities Division of the Parks and Recreation Department in advance of occasions authorized by the Flag Code and this Policy that require the flags be flown at half staff.

In the event of an unscheduled occasion requiring the flags be lowered to half staff, the City Clerk shall immediately notify the Facilities Division of the event and the duration of which the flags should remain lowered.

Facilities staff shall raise the flags to its peak for a moment prior to lowering them to half-staff in accordance with flag etiquette. As no other flag should be flown above the United States Flag, it shall be lowered last and raised first.

The City Clerk shall also notify the members of the City Council and Department Directors when flags are lowered to half staff and the reasons for the lowering.

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CITY COUNCIL AGENDA ITEM NO. I.1
04/09/2024
SUBJECT: Consider a request from Council Member Mendoza related to a report from staff on a potential sales tax measure.

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

TITLE/RECOMMENDATION
That the City Council consider and discuss a request from Council Member Mendoza, from the City Council meeting of March 26, 2024, related to a report from staff on why a sales tax measure could be needed, and what the funds could be used for, and the impact on the average resident.

FISCAL IMPACT
Potential uses of sales tax revenue funds and impacts to residents could be developed for discussion should the City Council direct staff to spend staff time and resources on this item. There would be no outside costs associated with this activity. If the City Council is interested in pursuing a sales tax, however, there is insufficient time to successfully add such a measure to the ballot in the current election cycle (November 2024).

Potential sales tax measure revenues could range from $3 million to $12 million annually, depending on the proposed sales tax rate. Potential costs in pursuing a sales tax measure would involve staff time and consultant costs for community outreach, surveying and educational efforts, which would only take place following City Council direction to pursue a measure. Funds could be dedicated to a range of projects, or programs, depending on the City Council’s direction.

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

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CITY COUNCIL AGENDA ITEM NO. I.1
04/09/2024

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.

ALTERNATIVE OPTION(S)
Not Applicable

ATTACHMENT(S)

1. Previous Action

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On March 26, 2024, Council Member Mendoza requested a future agenda item related to a report from staff on why a sales tax measure may be needed, and what the funds could be used for.

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CITY COUNCIL AGENDA ITEM NO. I.2
04/09/2024
SUBJECT: Consider a request from Council Member Pierson to amend City Council Administrative Policy 110-1 ‘City Council Meeting Rules and Procedures’
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Pierson from the March 26, 2024, City Council meeting to consider amending City Council Administrative Policy 110-1, ‘City Council Meetings Rules and Procedures’, Section

4.3. Agenda Contents; Order of Business, potentially moving ‘Informational Reports from Council Members, Committees, Liaisons, and Staff’ to another location on the agenda.

FISCAL IMPACT
There is no fiscal impact associated with this action other than staff time.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

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CITY COUNCIL AGENDA ITEM NO. I.2
04/09/2024

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
Not Applicable

ATTACHMENT(S)

1. Previous Action

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On March 26, 2024, Council Member Pierson requested a future agenda item related to updates on City Council Administrative Policy 110-1, Meeting Rules and Procedures, Section 4.3. Agenda Contents; Order of Business.

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COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 1 of 10

CITY OF BRENTWOOD

MEETING

RULES AND PROCEDURES

TABLE OF CONTENTS
Page

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

2. MEETINGS: GENERAL RULES ...................................................................................... 2

3. ELECTION OF CITY COUNCIL OFFICERS; DUTIES ..................................................... 4

4. MEETING AGENDA: PREPARATION AND CONTENTS.................................................. 6

5. DECORUM ....................................................................................................................... 7

6. VOTING AND DECISION; RECONSIDERATION ............................................................. 8

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COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 2 of 10

1. PURPOSE; APPLICABILITY

1.1 Purpose. The purpose of the Council Meeting Rules and Procedures (these “Rules”) is to establish protocols that will be convenient for the public and contribute to the orderly conduct of City business. These Rules apply in addition to:
• the Ralph M. Brown Act Open Meeting Law (Brown Act, Gov’t. Code §55950 and following);
• the Political Reform Act (Gov’t. Code §81000 and following); and • any other California laws that govern the conduct of City Council meetings.

1.2 Applicability. These Rules apply to meetings of the City Council and all City Commissions (unless: a provision is clearly not applicable, stated otherwise in the ordinance establishing a particular commission, or stated otherwise in state law). Reference to Mayor, Council, Council Member, and City Clerk shall respectively mean Chairperson, Commission, Commissioner and Secretary, when applicable to a City commission.

1.3 Effect. Failure to observe these Rules does not invalidate any otherwise lawful action.

2. MEETINGS: GENERAL RULES

2.1 Meeting – Definition. The term meeting means the gathering together of three or more members of the City Council (or a majority of the total members of any commission) to hear, discuss, deliberate, or take action on any matter within its jurisdiction. (Gov’t. Code §54952.2(a).)
1 2.2 Meetings Open to the Public. Unless otherwise authorized by law to be held in closed session, all City Council meetings are open and public. (Cal. Const. art I, §3(b)(1); Gov’t.

Code §54953(a).)

2.3 Time and Place of City Council Meetings. The City Council shall hold regular meetings at the dates, time, and location set forth in Municipal Code Chapter 2.04 and any related resolutions, or as modified by the Council.

2.4 Quorum. A majority of the total members of the Council shall constitute a quorum and is sufficient to transact regular business. A Council Member present but abstaining is counted for purposes of constituting a quorum. A Council Member disqualified from voting by law is not counted for purposes of constituting a quorum. (See Section 3.4a below.) If there is no quorum, the Mayor or City Clerk shall adjourn the meeting to a stated time and place.

2.5 Presiding Officer. The Mayor is the presiding officer of the Council. In the absence of the Mayor or in case of conflict under Section 3.4a, the Vice-Mayor shall preside. In the absence of the Mayor and Vice-Mayor, the City Manager shall preside over the election of a temporary chair.

The temporary chair will preside until the return of one of the officers. 1 The Brown Act prohibits a majority of a city council, outside an open and noticed meeting, from using a series of communications of any kind (including telephone or email, or through intermediaries) to discuss, deliberate or take any action on city business. (Gov’t. Code §54952.2(b)(2).

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COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 3 of 10

2.6 Types of meetings.
a. Regular meetings. This is the regular City Council meeting generally held twice per month, as established by the Municipal Code (Chapter 2.04) and City Council Resolution. b. Special Meetings. A special meeting may be called by the Mayor or by a majority of the City Council. Notice must be given in conformance with Government Code §54956 at least 24 hours before the special meeting.
c. Closed Sessions. The City Council may meet in closed session (not open to the public), as provided by California law. No member of the City Council, City employee or person present during a Closed Session may disclose to anyone not present at the Closed Session the content or substance of any confidential written materials or confidential discussions which took place during the session, unless the City Council votes to authorize disclosure of such information by a majority vote, except as otherwise required by law. (Gov’t. Code § 54956.5.) d. Adjourned Meetings. The City Council may adjourn a regular or special meeting to a specific time and place. (If there is less than a quorum at any scheduled meeting or if all members are absent, the Mayor or City Clerk may declare the meeting adjourned to a stated time and place and post notice of that fact consistent with Government Code § 54955. e. Continued Hearings. The City Council may continue any hearing to a subsequent meeting, stating the specific date, time, and place. (Government Code § 54955.1). f. Emergency Meetings. The City Council may hold an emergency meeting under Government Code section 54956.5 if a majority of the members of the City Council determine that there is 1) a work stoppage or other activity which severely impairs public health, safety, or both, or 2) a crippling disaster which severely impairs public health, safety, or both. Notice shall be given as provided in Government Code section 54956.5. g. Teleconferences. The City Council may use teleconferencing for any City Council meeting. Each teleconference location must be open to the public, and an agenda posted at each location. Each teleconference location shall be identified in the notice and agenda of the meeting. At least a quorum of the Council Members must be present at locations within the City.

All votes taken during a teleconferenced meeting shall be by roll call vote. (Gov’t. Code § 54953.)
h. Meetings with City Commissions. The City Council may hold a joint meeting with a City Commission, or with another public agency, in conformance with the Brown Act.

2.7 Minutes; Record-keeping. The City Clerk or his or her designee will take action minutes, consisting of the names of individuals speaking about an item, and the action taken by Council on each item including the motion and the vote. City Council and Planning Commission meetings are generally broadcast live and are also available for viewing later on the City‘s website. The City maintains audio recordings for other commission meetings. Copies or transcripts are available upon request, with prior payment of fees established by City Council resolution.

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COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 4 of 10
3 ELECTION OF CITY COUNCIL OFFICERS; DUTIES

3.1 Election of Vice Mayor. The City Council shall elect a Vice Mayor for a two-year term, at the meeting when new Council Members are sworn in after a general municipal election. If the office of Vice Mayor becomes vacant for any reason (including resignation, incapacity, death, recall, municipal election, or removal by majority vote), the City Council shall elect one of its members to fill the vacancy at the next regular meeting. The election or removal of the ViceMayor requires three affirmative votes.

3.2 Duties of Mayor. The Mayor has the power, authority, and discretion, without a vote of the majority of the Council (except as noted) to:
a. Preside over Council meetings:
1) maintain order and proper decorum (See Rule 5 below); 2) announce the business before the Council in the order set forth in the agenda (or as such order may be changed per Rule 4.3 below);
3) call for votes on each matter requiring a decision, and announce the results. The Mayor may make a motion, second and debate matters, subject only to the same limitations of debate as are imposed upon all members.);
4) when requested, make these Rules known and decide questions of order, subject to an appeal of the Council;
5) set time limits on Council discussion (subject to Council concurrence) and on communications from members of the public, consistent with the Brown Act; and 6) open public hearings.”
b. Agendas. Work with the City Manager in the preparation of agendas, and place items on a future Council meeting agenda, under Rule Sections 4.2 and 4.4 below. c. Signing. Sign all documents as authorized by the City Council, and ceremonial documents.
d. Subcommittees. Create subcommittees, with a concurrence of the Council, under Section

3.4b.
e. Appointments. Make appointments to a public office or position, with the confirmation of a majority of the City Council.
f. City Spokesperson. Serve as the chief spokesperson and representative for the City and City Council for matters concerning public policy.
g. Other duties. Perform other duties as are required by law or as pertain to the office of Mayor.

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Brentwood City CouncilApril 9, 2024

Brentwood City Council
April 9, 2024