Brentwood City Council
July 23, 2024

PLANNING COMMISSION AGENDA ITEM NO. E.1
07/02/2024
hour trips and 34 p.m. peak hour trips. Based on the existing residential VMT generated by other similar homes surrounding the project location, the project is expected to generate VMT per resident that is at least 15 percent below the Brentwood citywide average. The project would produce a less-than-significant impact, based on the adopted Contra Costa Transportation Authority thresholds. A detailed discussion of transportation-related impacts associated with the proposed project can be found in the IS/MND.

Architecture
The proposed architecture is designed to be consistent with the previously approved Orchard Grove project located on the parcel to the south of the current proposal in order to appear as one cohesive subdivision. The project is uniquely designed, allowing for increased variation of building design and massing throughout the subdivision. There are four home plans for the market rate homes and two home plans for the duet units. Each of the floor plans offer a unique configuration of massing, intended to create differentiation and variety on the streetscape, and provide buyers with distinct choices in lifestyle and use of space. A summary of the proposed home plans is as follows:

Table 4
Plan
#
Home
Size (SF)
Bed/Bath Garage
Spaces
Stories Maximum
Proposed Height
1 3,043 4/3.5 2 One Story 20’ 9”
2 3,155 4/3.5 2 One Story 20 6”
3 3,741 4/3.5 3 Two Story 26’ 3 1/8”
4 4,118 5/4.5
(includes
ADU)
3 Two Story 27’ 6 5/8”
5 (duet)
1,976 4/3 2 Two Story 29’ 7”
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6 (duet)
2,073 4/3 2 Two Story 29’ 7”
The unit breakdown for each plan type is shown in the table below.

Table 5
PLAN TOTAL % OF TOTAL UNITS
Plan 1 (1 story) 8 23.5%
Plan 2 (1 story) 8 23.5%
Plan 3 (2 story) 7 20.6%
Plan 4 (2 story) 7 20.6%
Plan 5 Duet (2 story) 2 5.9%
Plan 6 Duet (2 story) 2 5.9%
TOTAL 34 100%
There are three distinctive elevation styles for each home plan, which include Early California/Spanish, Mediterranean Revival, and Craftsman. All duet units have a Craftsman elevation, similar to the Craftsman elevation found in the market rate homes. The three elevation styles offered are as follows:

Early California/Spanish – The Early California/Spanish style incorporates concrete “S” style tile roofing covering a series of traditional gable roof forms. The roof pitches of this style are 4:12. Walls are clad with stucco and the base of the Plan 1 has been built out true to the style and will be painted with a complimentary color. The Early California/Spanish style incorporates deep-set entry doors with entrances onto porches that are typically designated by a single arch feature or a more open design incorporating a decorative beam. A decorative beam is also included above the garage door to match the entryway. Two of the porch designs are also appointed with decorative wing walls common in early California architecture. Style-appropriate recessed windows are shown on the front elevations of many of the plans, as are wood-sided bay windows that emphasize elements on either the first or the second floor. All windows are accented with dimensional stucco trim, which is carried around onto the sides and rear of the homes.
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Mediterranean Revival – The Mediterranean Revival style incorporates concrete “S” style tile roofing covering a series of pyramid hip and cross-hipped roof forms.

The roof pitches of this style are 4:12. Walls are clad with stucco over foam trim. The entrances onto porches are either curved or square with cementitious trim around the perimeter of the opening that is painted a complimentary color and a light fixture above the entryway. Style-appropriate recessed windows are shown on the front elevations of many of the plans, as are wood-sided bay windows and windows with curved stucco/cementitious finishes that emphasize elements on either the first or the second floor. The Mediterranean Revival style incorporates a complimentary trim around the garage doors, which matches the entryway and window trims.

Craftsman – The Craftsman elevations are a combination of stucco over foam trim and cementitious board and batten siding. In addition, there are stone veneer trim bases and column bases with paired porch posts defining the entries. Wooden posts and trim elements adorn each of the front porches, consistent with the style and wooden trim compliments on the windows on all four elevations. Front elevations feature unique window trim styles and detail elements, and decorative faux corbels and trim details in the roof gable ends. The garage door style is specific to this elevation type. The rooflines are made up of accent gables in alternating directions with concrete roof tile. The roof pitches of this style are 4:12. All the duet units have a Craftsman elevation with a 6:12 roof pitch.

The exterior materials, massing, roof shape and pitches, trim shapes, colors and materials create a strong neighborhood identity and provides for architectural variation throughout the subdivision. For each plan, there are four color schemes that represent the particular style, for a total of 12 color schemes. The proposed design provides architectural elements and building forms that reflect attention to detail and general compliance with the City’s Interim Objective Design Standards explained below.

Master Plotting Plan
The master plotting plan depicts which home plans would be constructed on a particular lot. Consistent with the City’s Interim Objective Design Standards, the proposed combination of models and elevation styles serve to diversify the plotting as much as possible. The proposal provides for a varied streetscape, interspersing single-story plans, two-story plans, and duet units. Single-story and duet units are 22

PLANNING COMMISSION AGENDA ITEM NO. E.1
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located on corner lots to provide massing and lot proportions consistent with the residential development. A condition of approval is included to ensure that elevation styles are not repeated on adjacent lots, thereby creating a diverse streetscape and architectural variation.

Orchard Grove North Master Plotting Plan
As previously referenced, the project will physically tie into the Orchard Grove project on the parcel just south of the subject site. The applicant prepared a combined master plotting plan that incorporates both the Orchard Grove and Orchard Grove North projects for reference as shown below. The subject project, Orchard Grove North, is highlighted in yellow for clarity.

Combined Orchard Grove & Orchard Grove North Plotting Plan 23

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Lighting
Lighting details and cut sheets for the residential lighting fixtures will be reviewed in conjunction with final design-level submittals for site improvements and building permits for compliance with the City’s applicable regulations. As conditioned, all external light fixtures must be of either a cut-off or full-cut off design, per City regulations.

Preliminary Landscaping
The preliminary landscape plan submitted with the application provides typical front yard landscaping. Shade and ornamental trees proposed on the site are 15-gallon and 24-inch box as required by the Brentwood Municipal Code. The bio-retention area includes a landscape buffer along Lone Oak Road and the remainder parcel with the existing single-family home. Although the project will not have an on-site park, Blue Goose Park and Dolphin Park are both in close proximity to the project site. A draft condition of approval would require new landscaping, irrigation, curb, and storm drain improvements along Adams Lane. A standard condition of approval requires the submittal of detailed landscape and irrigation plans for review and approval prior to issuance of a building permit to ensure compliance with the City’s Water Efficient Landscape Ordinance.

Fencing / Wall
Proposed at the northern property line of the project site is a six-foot high enhanced wood fence that extends from Adams Lane, east to Lone Oak Road, with the exception of the bio-retention basin. The bio-retention area includes a four-foot-high concrete split rail fence along Lone Oak Road and norther property line adjacent to the bioretention area while the interior perimeter includes a six-foot high landscape wall.

A six-foot high perimeter masonry wall with split face block is provided along Adams Lane for noise attenuation and is consistent with the wall for the adjacent subdivision.

Each property will be provided a six-foot high wood good neighbor fence for privacy by the applicant.

INTERIM OBJECTIVE DESIGN STANDARDS (IODS) ANALYSIS
On June 27, 2023, the City Council adopted Interim Objective Design Standards (IODS) that are applicable to all new single-family homes within the city. The subject application was submitted to the City on July 25, 2023 and is therefore subject to the 24

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IODS. Staff has reviewed the application for consistency and the proposed project complies with a majority of the standards. However, as mentioned above in Table 3, the applicant is requesting waivers to some standards allowed by SDBL (please refer back to Table 3 for more detail). The applicant is also requesting an exception from three of the IODS, based on the reasoning below, as these standards do not physically preclude the construction of the additional units and therefore do not qualify for waiver under SDBL however, the Planning Commission, has discretion to grant exceptions to the ODS through the design review process.

Table 6
2(E)7 Street-facing
doors must
provide 6 sq.
ft. of glazing.

Allow some
architectural styles
a reduction in the
required glazing
square footage.

The applicant has indicated that the elevation
styles that are appropriate for glazing will
have at least six square feet such as the
Craftsman style. Other styles where this is
not appropriate architecturally are requesting
an exception. Applicant is requesting a
modification from the ODS for the Early
California/Spanish and Mediterranean
Revival architectural styles.

2.2(J)2 Exterior wall
planes
exceeding 250
square feet in
area must
provide glazing
for 30% of the
total wall area.

Allow some areas
of the home a
reduction in
glazing due to
location.

The applicant indicates that this requirement
is not possible to achieve on certain areas of
the home such as attic space gables,
garages, utility walls, etc. therefore an
exception is being requested. Applicant is
requesting a modification from the ODS.

2.2(k)2c When stucco is
used, it must
be used in
combination
with a least
one other wall
material,
which must
comprise of at
least 20% of
the building
frontage,
excluding
Allow Spanish
elevations a
reduction in the
20% requirement
of a secondary
material.

The applicant has indicated that the Spanish
elevation has introduced mosaic tile accents
on the front elevation. While this does not
result in 20% of the frontage being a different
material, it does introduce a second material,
different than stucco, that is appropriate to
the style. All other elevations comply.

Applicant is requesting a modification from
the IODS to allow for this alternative
approach to adding the appearance of a
secondary material.
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windows and
railings.

DATE OF NOTICE
As required, the City published a public hearing notice in the Brentwood Press and mailed it to property owners within 300 feet of the site on May 3, 2024 with the CEQA Notice of Availability, and the project site is posted with the required signage. At the June 4, 2024 Planning Commission hearing, the item was continued to the July 2, 2024 meeting date and therefore no additional public notice was required.

ENVIRONMENTAL DETERMINATION
The City prepared a mitigated negative declaration for this project in accordance with the requirements of the California Environmental Quality Act (CEQA, codified at Public Resources Code 21000, et seq., and as further governed by the State CEQA Guidelines, found at 14 CCR 15000, et seq.). Several potentially significant impacts are identified; however, mitigation measures are incorporated to reduce those impacts to less than significant levels. All mitigation measures are also included by reference in the conditions of approval.

The public review period for the proposed IS/MND began on May 3, 2024, and ended on June 3, 2024. During this review period, staff received two comment letters (Attachment 9); one from the California Department of Toxic Substances Control and one from the Central Valley Regional Water Quality Control Board. These comments have been incorporated as conditions of approval as applicable and a response has been provided by the CEQA consultant included as Attachment 10.

The IS/MND, Mitigation Monitoring and Reporting Program (MMRP) may be reviewed by clicking on the link below and scrolling to “Orchard Grove North:” https://www.brentwoodca.gov/government/community-development/planning/ceqadocuments The original publication of the IS/MND inadvertently included the Archaeological Assessment Report for Orchard Grove, the previously-approved project located directly south of the project site which is currently under construction. The report was cited in Section V. “Cultural Resources” of the IS/MND (pages 40 and 41). Therefore, errata changes were provided (Exhibit B of Attachment 2) with corrected citations for the Archaeological Assessment Report, along with the report itself. These errata changes 26

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do not change any of the IS/MND significance determinations, nor otherwise impact other sections of the IS/MND. The changes are very minor and merely clarify the existing analysis in the IS/MND with references to the correct report. Recirculation of the IS/MND is therefore not warranted, as the documents have not been substantially revised per 14 CCR Section 15073.5(a).

ATTACHMENT(S)

1. Previous Actions

2. Planning Commission Resolution No. 24-028—IS/MND & Errata Sheet

3. Planning Commission Resolution No. 24-029--VTSM

4. Planning Commission Resolution No. 24-030—Design Review

5. Project Plans date stamped received February 19, 2024

6. VTSM Plans date stamped received February 19, 2024

7. Project Description

8. Interim Objective Design Standards Checklist

9. MND Public Comments Received

10.Response to MND Public Comments
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Orchard Grove North Subdivision Project
June 6, 2024
De Novo Planning Group
IS/MND Errata Memo
City of Brentwood
Orchard Grove North Project
June 6, 2024
The IS/MND for the Brentwood Orchard Grove North Project contained a clerical error relating to the Cultural Resources section of the IS/MND. Specifically, an incorrect Archaeological Resources Report was cited in Section V. Cultural Resources of the IS/MND (pages 40 and 41). Therefore, errata changes are provided herein (see attached) to correct the citations for the Archaeological Resources Report and clarify related information. Additionally, the correct Archaeological Resources Report is also attached to this memo.

These errata changes do not change any of the IS/MND significance determinations, nor otherwise impact other sections of the IS/MND. The changers are very minor and merely clarify the existing analysis in the IS/MND with references to the correct report. Recirculation of the IS/MND is therefore not warranted, as the document has not been substantially revised per 14 CCR Section 15073.5(a). Under CEQA, a ‘substantial revision’ exists when:
 A new, avoidable significant effect is identified, and to reduce that effect to a level of insignificance, mitigation measures or project revisions must be added; or  The lead agency finds that the mitigation measures or project revisions originally included in the mitigated negative declaration will not reduce potentially significant impacts to a level of insignificance, and new mitigation measures or project revisions are required.

(14 CCR Section 15073.5(b)). As demonstrated in the errata changes, neither circumstance is present here.

Sincerely,
Josh Smith
De Novo Planning Group
916-805-1281
[email protected]

Orchard Grove North Subdivision Project
June 6, 2024
De Novo Planning Group
Errata Changes (Track Changes):

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June 6, 2024
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V. CULTURAL RESOURCES -- WOULD THE PROJECT:

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Cause a substantial adverse change in the
significance of a historical resource pursuant to in
§ 15064.5?
X
b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant
to § 15064.5?
X
c) Disturb any human remains, including those
interred outside of formal cemeteries? X

RESPONSES TO CHECKLIST QUESTIONS
Response a): No Impact. An Archaeological Assessment Report, dated December 2019November 2023, was prepared for the project site by Basin Research Associates (see Appendix B). A field survey was conducted by Basin Research Associates on November 21, 2019November 29, 2023, which noted the site appeared recently tilled and did not contain any buildings or significant architectural resources.

The report included a prehistoric and historic site records and literature search completed by the California Historical Resources Information Search, Northwest Information Center, Sonoma State University, Rohnert Park on December 4, 2019October 17, 2023 (CHRIS/NWIC File 19-081523-0498). The CHRIS/NWIC record search noted that no prehistoric or historic era archaeological sites have been recorded, reported, or identified in or adjacent to the proposed project site. Additionally, seven reports are on file at the CHRIS/NWIC for portions of the project site and surrounding areas, which were all negative for archaeological resources. Additionally, the record search indicated that the project site does not contain any recorded buildings or structures listed on the State Office of Historic Preservation Historic Property Directory (which includes listings of the California Register of Historical Resources, California State Historical Landmarks, California State Points of Historical Interest, and the National Register of Historic Places).

It should be noted that the 2014 Brentwood General Plan Update EIR identifies 24 historic properties in the Brentwood Planning Area. None of the 24 properties listed are within the proposed project site1 . Additionally,
there are no existing buildings, structures, or objects on the within the 9.6-acre Project site. The proposed project would remove the existing barn but preserve the home of the 0.4-acre designated remainder parcel. However, neither are considered identified or recorded historical resources under Section 15064.5 in the CEQA handbook.

Therefore, there is nothing on the site that could be considered a “historical resource” under Section 15064.5 in the CEQA handbook.

For the above-stated reasons, development of the proposed project would have no impact on historical resources.

Responses b), c): Less than Significant with Mitigation. As noted above, the Archaeological Assessment Report prepared by Basin Research Associates included a CHRIS/NWIC record search of the project site and surrounding area (CHRIS/NWIC File 23-049819-0815). The CHRIS/NWIC record search noted that no prehistoric or historic era archaeological sites have been recorded, reported, or identified in or adjacent to the project site. Additionally, the

1 City of Brentwood. 2014 Brentwood General Plan Update EIR [pg. 3.5-7]. July 22, 2014.

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June 6, 2024
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field survey conducted by Basin Research Associates on November 29, 2023November 21, 2019 found no prehistoric, combined prehistoric/historic or historic era archaeological materials or significant architectural resources were observed on-site.

Given that no known archaeological resources are associated with the project site, the subject parcel is considered of low archaeological sensitivity for prehistoric cultural resources. However, ground-disturbing activities may have the potential to uncover buried cultural deposits. As a result, during construction and excavation activities, previously unknown archaeological resources, including human bone, may be uncovered, resulting in a potentially significant impact. Implementation of the following mitigation measures would reduce the construction-related impacts to a less than significant level.

MITIGATION MEASURE(S)
Mitigation Measure CUL-1: Prior to grading permit issuance, the developer shall submit plans to the Community Development Department for review and approval which indicate (via notation on the improvement plans) that if historic and/or cultural resources are encountered during site grading or other site work, all such work shall be halted immediately within 25 feet of the area of discovery and the developer shall immediately notify the Community Development Department of the discovery. In such case, the developer shall be required, at their own expense, to retain the services of a qualified archaeologist for the purpose of recording, protecting, or curating the discovery as appropriate. The archaeologist shall be required to submit to the Community Development Department for review and approval a report of the findings and method of curation or protection of the resources.

Further grading or site work within the area of discovery would not be allowed until the preceding work has occurred.

Mitigation Measure CUL-2: Pursuant to State Health and Safety Code §7050.5 (c) State Public Resources Code §5097.98, if human bone or bone of unknown origin is found during construction, all work shall stop in the vicinity of the find and the Contra Costa County Coroner shall be contacted immediately. If the remains are determined to be Native American, the coroner shall notify the Native American Heritage Commission who shall notify the person believed to be the most likely descendant. The most likely descendant shall work with the contractor to develop a program for reinternment of the human remains and any associated artifacts. Additional work is not to take place within the immediate vicinity of the find until the identified appropriate actions have been implemented.

Orchard Grove North Subdivision Project
June 6, 2024
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Archaeological Memo:

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CITY COUNCIL AGENDA ITEM NO. H.1
07/23/2024
SUBJECT: Amendment No. 1 to the Agreement for Artist Services with Douwe Blumberg for the “Fields of Time” Public Art Spaces, CIP#337-37244
DEPARTMENT: Parks and Recreation
STAFF: Bruce Mulder, Director of Parks & Recreation
Thien Nguyen, Recreation Manager

TITLE/RECOMMENDATION
Staff is recommending the City Council 1) provide direction to City Staff on updating the “Fields of Time” (“FOT”) monument figures; 2) adopt a resolution approving and authorizing the City Manager or designee to execute an amendment to the agreement with Douwe Blumberg for the FOT; and 3) amend the FY 2024/25 – 2028/29 Capital Improvement Program for the Public Art Spaces Capital Improvement Program (CIP) #337-37244 (“Project” or “Public Art Spaces Project”).

FISCAL IMPACT
The Public Art Spaces Project is included in the adopted 2024/25 – 2028/29 CIP with a total Project budget of $786,383. The Project was created to fund the installation of three or more art monuments at select locations throughout the City. The FOT art installation is the first monument nearing completion.

For the FOT monument, the current agreement amount is $175,000 for work to be performed by the artist Douwe Blumberg (“Douwe”). Council authorized a 10% contingency of $17,500, for an approved total not to exceed agreement amount of $192,500. Due to a number of challenges, the cost of the FOT art monument is expected to be higher than the current agreement amount.

Due to a number of California construction law requirements related to construction on public property, City staff is recommending that the City go out to bid for the construction elements required for the installation of the FOT monument, and remove this scope of work from the artist’s responsibility. Installation costs are estimated to be $50,750 plus a 10% contingency. Further, if the recommendations included in this staff report are approved, an amendment of the existing agreement with Douwe Blumberg would be necessary to increase compensation to the artist by as much as $12,655, to a not to exceed total compensation of $187,655 plus a 10% contingency,

CITY COUNCIL AGENDA ITEM NO. H.1
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to cover the additional expenses incurred for changes authorized by Council (this amount also reflects a deduction by Douwe of $8,750 for having the City handle the public works aspects of the FOT, as well as cover the increase in material costs incurred due to COVID).

There is sufficient total budget in the Project to cover the overall costs of the FOT monument, including the artist agreement (and amendment), and installation expenses (artist compensation $187,655 plus a 10% contingency, and estimated installation cost of $50,750 plus a 10% contingency). Any contract(s) awarded for the FOT installation will be brought to the City Council for consideration of approval at a future meeting. Including contingencies, the overall cost of the FOT art monument would be $262,246, an increase of $70,246 over the original costs.

Attachment 4 to the staff report, comprised of two documents labeled as Fields of Time Project and Budget History, summarizes the changes in FOT monument costs over time. As presented in Attachment 3, Amended CIP Sheet, staff is recommending the Project expenditure budget be amended for timing changes and to designate the Project a multi-year project, with no increase to the overall Project budget.

Funding for this Project is provided by the Capital Infrastructure, Public Art Acquisition and Public Art Administration Funds. The Public Art funds can only be used for public art projects. After completing the close of the City’s financial statements, the fund balance in the Public Art Acquisition Fund is projected to be $2,961,202 at June 30, 2024.

BACKGROUND
The Public Art Spaces Project is an Economic Development initiative that was approved as part of the FY 2016/17 and 17/18 Strategic Plan and would construct interesting and very visible public art pieces or monuments at key entry points in the City of Brentwood. This initiative is intended to showcase the overall identity of Brentwood as anyone enters the City limits from high profile locations and these monuments (originally titled Citywide Gateway Monuments “4-Corners” Project) have the potential to become iconic representations of Brentwood, for many years to come.

Fields of Time is a monument created by artist Douwe Blumberg. As currently designed (Attachment 2), the monument spans 180 feet long, and 10 feet high. FOT integrates a number of references to Brentwood’s history with different agricultural eras represented in Douwe’s custom metal designed silhouettes. This monument will be located on Brentwood Boulevard, at the Brentwood Police Station.

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In 2019, City Council approved an agreement with Douwe for $175,000, with the agreement including designing, fabricating, and installing the monument. A range of challenges and project delays occurred between 2020-2023 (Attachment 4 Fields of Time Project and Budget History), and City Staff and Douwe have been in communication since 2023, with both parties motivated to restart and complete this monument.

As discussion with Douwe continued, specifics of installation of the monument needed to comply with California construction law requirements (including prevailing wages), and the scope of the agreement had to be amended. This included having the City take on the obligations of installing the monument.

City staff worked with Douwe to review and approve the structural and site plans.

They also worked with Douwe to amend the scope, so that the Project could move forward. A draft of the amendment to the agreement is attached as Attachment 5, with highlights of the changes including:
- A change in the overall compensation to Douwe for the project - The City’s assumption of the public works aspects of the installation of the monument, following delivery of the monument’s parts by Douwe - An updated payment schedule, including key milestones for the project - Revisions to the agreement term so that the project is completed no later than December 31, 2025, or when the project is finished (whichever is sooner) At the June 11, 2024 City Council meeting, Council directed City Staff to work with the artist on an updated proposal and scope of work to be brought back to the Council for approval, specifically in regards to the gender of figures included in the monument. Douwe was able to provide a number of renderings and options to update the monument. Costs for the renderings and options chosen will be included in the final amendment (Attachment 4). Below is a table showing the options and costs provided from Douwe (Attachment 2 references the hoops of the figures):

Artist renderings of proposed
changes
Monument
Era
Cost Notes
Modern $5,000 Changes to Head and
Torso of original figure
only

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Early $8,000 Remake the entire
figure
Middle $8,000 Remake the entire
figure
The original budget for this monument (including contingency) was $192,500 in 2019. If all changes to the monument are approved and accepted, the estimated budget for this monument will be $262,246. The monument is one of the projects included in the Public Art Spaces Capital Improvement Program (CIP) #337-37244.

Because of the delays to the project as noted above, staff is recommending amending the CIP #337-37244 to be a multi-year project to include changes in the budget and timeline of this project.

Due to the timing of when these renderings were received, City staff was able to present these items to the Arts Commission on July 17, 2024. Following discussion, the Arts Commission recommended to the City Council to remain with the original design approved in 2019 and fabricated completely in 2020 based on the desire to continue with the monument as originally recommended and approved by previous Arts Commissions and City Council, that the project location was chosen due to high vehicle traffic as an entry point into the City (as opposed to a monument that people walk up to) impacting details that can be seen (when driving by the monument), and the fiscal impact of making changes to the project that already experienced delays and rising costs.

However, if any changes were to be made by the City Council, the Arts Commission discussed and a made a motion to recommend to City Council that the figure from the “Middle Era” be changed to option “J”. The Arts Commission noted that many of the other options presented would be difficult to be noticed or recognized unless a person went out of their way to park their car and walk up to the monument.

Tonight, City Staff recommends the City Council receive, discuss, and provide direction on:

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1) Artist renderings of proposed changes (and associated costs) to the FOT monument (to be included in Amendment #1 to Artist Agreement with Douwe Blumberg)
2) Adopting a resolution approving and authorizing the City Manager or designee to execute an amendment to the agreement with Douwe Blumberg for the FOT project
3) Amending the FY 2024/25 – 2028/29 Capital Improvement Program, Public Art Spaces Capital Improvement Program (CIP) #337-37244, to be a multi-year project and change project expenditure timing per Attachment 3.

Any construction contract(s) for installation of the monument will be brought to the City Council for approval at a future meeting.

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 5 Parks and Recreation Services: Goal 3 Enhance cultural and performing arts opportunities for Brentwood.

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 in regards to the updated artist renderings, the resolution for the amendment to the artist agreement, and/or amendment to the CIP #337-37244 project. If this action is taken, the project would not proceed without a decision on the updated figure renderings, impacting the ability to amend the artist agreement. The original budget and current agreement with the artist would not be sufficient to complete the project. With the agreement not having an

CITY COUNCIL AGENDA ITEM NO. H.1
07/23/2024
expiration or specific milestones for continual progress, it would be difficult to advance and/or complete this project.

2. Consider and approve any of the “updated” figure rendering options provided by the artist. If this action is taken and a resolution is passed to amend the artist agreement and amend the CIP #337-37244 project, City Staff can move forward with the project with Douwe once the amendment to the artist agreement is executed.

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

ATTACHMENT(S)

1. Attachment 1 Previous Action

2. Attachment 2 Renderings: Fields of Time Figures

3. Attachment 3 Amended CIP Sheet: Project 337-37244

4. Attachment 4 (two attachments) Fields of Time Project and Budget History

5. Attachment 5 Amendment 1 DRAFT

6. Attachment 6 Resolution

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 February 28, 2017, by Resolution No. 2017-24, City Council approved two viable locations for the Citywide Gateway Monuments “ 4-Corners” Project (renamed Public Art Spaces).

On June 12, 2018, City Council established a Citywide Gateway Monuments 4 Corners Adhoc Committee consisting of two City Council Members and two Arts Commissioners.

On April 23, 2019, City Council approved two viable locations, artists and designs for the Public Art Spaces project. This included Douwe Blumberg as the artist for the Brentwood Boulevard project entitled Fields of Time.

On May 14, 2019, City Council approved the City public art location prioritization which indicated the site locations for Phase 1 of the Public Art Spaces projects would be Sand Creek Road across from Streets of Brentwood, Brentwood Boulevard alongside the Police Station and Balfour Road Bypass median.

On May 28, 2019, by Resolution No 2019-68, City Council adopted the 2019/20 – 2023/24 Capital Improvement Program (CIP) to include the Public Arts Spaces project.

On August 13, 2019, by Resolution No 2019-96, City Council approved the execution of an artist services agreement with Douwe Blumberg for the Public Spaces project entitled Fields of Time on Brentwood Boulevard.

On June 11, 2024, Amendment No. 1 to the Agreement for Artist Services with Douwe Blumberg for the “Fields of Time” Public Art Spaces, CIP #337-37244 was brought to City Council and by motion, the City Council continued the item and directed staff to work with the artist on an updated proposal and scope of work to be brought back to the Council for approval.

Proposed Changes
Monument Concepts*
*note: each hoop will have a fruit tree included, but all trees are not shown here.

Notes
Change Cost: $5,000 (head
and torso change only)
Change Cost: $8,000 (entire figure).

Final Location to be determined.

Change Cost: $8,000 (entire figure).

Final Location to be determined.

ATTACHMENT 2

City of Brentwood 2024/25 – 2028/29 Capital Improvement Program Project Title: * MULTI-YEAR * Project #:

Public Art Spaces 337-37244
Description/Justification:

This project consists of the installation of three or more monuments at select locations throughout the City. The project's purpose is to improve the identity of the City at the three or more high traffic areas. Two installation sites identified are: the median at Sand Creek Road in front of the Streets of Brentwood; and Brentwood Boulevard adjacent to the Police Station. Installation of “Fields of Time” adjacent to the Police Station is anticipated in late 2024. Installation of “Radiant Convergence” in the Sand Creek median is estimated in late 2025. The Arts Commission will be an active partner in making recommendations to City Council for future installations.

Project Status:

These project budgets are currently being updated. Estimated completion of current projects is December 2025.

Supplemental Information:

Funding consists of $286,383 from the Capital Infrastructure Fund, $100,000 from the Public Art Administration Fund and $400,000 from the Public Art Acquisition Fund. The future annual O & M impact is undetermined at this time. The project was included in the City’s Strategic Plan for FY 2016/17 - FY 2017/18.

PROJECT EXPENDITURES Prior 2024/25 2025/26 2026/27 2027/28 2028/29 TOTAL 70239 Legal 520 2,480 5,000 $ 8,000
90040 Planning and Design 525 25,000 30,475 $ 56,000
90050 Construction 272,500 71,016 286,367 $ 629,883
90070 Project Administration 10,000 20,500 50,000 $ 80,500 90100 Land/ROW/Acquisitions 12,000 $ 12,000
TOTAL $ 283,545 $ 130,996 $ 371,842 $ 786,383
PROJECT FUNDING Prior 2024/25 2025/26 2026/27 2027/28 2028/29 TOTAL Other 786,383 $ 786,383
TOTAL $ 786,383 $ 786,383

PROJECT FINANCING CURRENT PROPOSED
Project Category: Community Facilities Improvements
Location: Citywide - At major vehicular entry
points
Project Manager: T. Nguyen
Project Priority: 1E - Mandatory
Est. Completion Date: 2025/26
Future Annual
O & M Impact: TBD
Public Art
Requirement: Exempt
General Plan Policy: CSF 5-10

Attachment 4
Fields of Time
Project and Budget History
A timeline of events below summarizes the history of the “Fields of Time” (FOT) project, and steps taken to move this FOT project forward:
2017
A Public Art Request for Qualifications (“RFQ”) went out for the Pubic Art Spaces Project with a deadline for submissions of August 31, 2017. Staff received a total of 178 submittals, of which only 79 provided were complete RFQ responses.

The Arts Commission (“Commission”) reviewed the 79 complete responses, and interviewed eight applicants on November 15, 2017. From these interviews, the Commission chose four artists to create design maquettes (a sculptor’s preliminary model or sketch).
2018
Maquettes were presented to the Commission at the April 18, 2018 Commission meeting.

Per City Manager recommendation and City Council approval, an ad hoc committee (“Committee”) consisting of two City Council Members and two Arts Commissioners was formed in June 2018.

The Committee met to further review artists, designs and site locations. They continued dialogue with three artists – Douwe Blumberg, Seth Palmiter and Davis McCarty. The Committee focused on three locations – Balfour Bypass median, Sand Creek in front of Streets of Brentwood, and Brentwood Boulevard alongside the Police Department. Ultimately, the Committee paired Douwe’s design with the Brentwood Boulevard site; Seth Palmiter with the Balfour Road site; and Davis McCarty with the Sand Creek site (Davis McCarty later withdrew his project in September 2019). 2019
On August 13, 2019, Council approved an Artist Services Agreement with Douwe for the Public Art Spaces project on Brentwood Boulevard called “Fields of Time,” which represents Brentwood’s agricultural heritage.

Attachment 4
2020
Douwe provided the below pictures showing his progress on the fabrication of metal silhouettes for the monument.

Thereafter, the COVID Pandemic presented a number of challenges including shelter in place orders, supply chain issues, and labor shortages all impacted progress on this project. Following the unprecedented pandemic there were more challenges including inflation issues such as rises in costs of materials, supplies, transportation, and labor. Fortunately some materials and components of the monument were purchased and fabricated before the inflation impacts, but most costs associated with this project have risen. The following spreadsheet shows how cost for the FOT monument have changed.
2023
In an effort to get the project back on track, City staff reached out to Douwe to review the scope of services of his agreement. During those discussions it was determined that the original agreement would need to be amended in order to complete the project.

On June 21, 2023 the Commission reviewed an updated budget provided by Douwe, and discussed amending the agreement to increase the compensation because of an increase in material, labor, and project cost; and the Commission unanimously voted to recommend an amendment to the City Council.
2024
City Staff took Amendment 1 to the Artist agreement with Douwe Blumberg to City Council on June 11, 2024. The amendment included a number of changes to the scope of work and original budget of the project. City Council directed staff to work with the artist and return with options for changes to specific figures to be included in the project.

Attachment 4
Studio expenses (salaries, materials, consumables,
etc.) $40,000
Studio expenses (salaries, materials, consumables,
etc.) $47,000 Payment Schedule for FoT to Artist Payment Schedule for FoT to Artist Engineering (CA licensed engineer) $5,000 Engineering (CA licensed engineer) $5,000 Execution of Agreement and Start
of Project 9/5/2019 $87,500
Execution of Agreement and Start of
Project 9/5/2019 $87,500
Design and fabrication expenses (metal, laser
cutting, painting, etc.) $54,000
Design and fabrication expenses (metal, laser
cutting, painting, etc.) $54,000
Hoop Forging and Silhouette
Cutting 6/3/2020 $43,750 Hoop Forging and Silhouette Cutting 6/3/2020 $43,750 Transportation (metal pickup, pickup to/from laser
cutters, etc) $5,000
Transportation (metal pickup, pickup to/from laser
cutters, etc) $7,000
Concrete work (local contractor) low wall and piers $15,000 Concrete work (local contractor) low wall and piers $23,350 Updated July 2024 Renderings $405 Lighting (local contractor) $7,000 Lighting (This can be eliminated to save expense) $14,000 Remobilization of Project, Updated
Rendering, tbd $12,000 Figure (A-C) Change $5,000
Artists’ Fee $40,000 Artists’ Fee $48,000
Completion of Silhouettes (Tree)
and transportation preparation tbd $11,000 Figure (D-F) Change $8,000 Installation trip (vehicles, equipment rentals,
salaries, per-diem, etc.) $7,000
Installation trip (vehicles, equipment rentals,
salaries, per-diem, etc.) $12,000
Completion and Acceptance of
Project tbd $12,000 Figure (G-I) Change $8,000
Insurance $2,000 Insurance $2,000
8/21 site visit (time and expenses: site was
unprepared for artist visit) $2,250 FOT Artist Amount $166,250 Delayed project storage fee (2 years) $2,400
Remobilization of Project and Updated
Rendering tbd $12,000
*Costs in Green have NOT Changed City Bid - Contractor Award Completion of Silhouettes (Tree) and
transportation preparation tbd $11,000
Construction Cost (Concrete,
Lighting, Welding, Equipment) $50,750 Completion and Acceptance of Project tbd $12,000 Artist Amount $175,000 Estimated Total $217,000
Contingency $17,500 Contingency $21,700 Updated Amount $217,000 FOT (Not to Exceed) Artist Amount $187,655 Orig. FoT Total $192,000 2023 Total $238,700 Contingency $21,700 Updated Total $238,700 City Bid - Contractor Award $50,750 Construction Cost (Concrete, Lighting,
Welding, Equipment)
Updated Amount $238,405
Contingency $23,841
Updated Total $262,246
Original 2019 Fields of Time Budget 2023 Estimated Fields of Time Budget Amendment 1 Update (06/11/24) Amendment 1 Update (Not to Exceed Amount)

1 City Attorney Approved Version 040821
AMENDMENT NO. 1 TO EXTEND AND AMEND THE

AGREEMENT FOR ARTIST SERVICES
[Douwe Blumberg]
This Amendment No. 1 is entered into and effective as of the ____ day of __________________, 2024, amending the agreement dated August 13, 2019 (the “Agreement”) by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and Douwe Studios, LLC, a limited liability company (formerly known as “Douwe Blumberg, a Sole Proprietor”) (“Artist”), (collectively, the “Parties”) for the “Fields of Time” public art spaces project (“Project”).

RECITALS
A. On August 13, 2019, City Council approved Resolution No. 2019-96 authorizing the execution of an agreement between the City and Artist for the Project that will be located on Brentwood Boulevard, alongside the Brentwood Police Station; and B. Since that time Artist has changed its business formation from a sole proprietorship (“Douwe Blumberg Studios, a Sole Proprietor”), to a limited liability company (“Douwe Studios, LLC”); and
C. The Parties mutually understand and agree that the obligations under the Agreement shall be assigned to, and assumed by, Douwe Studios, LLC, in accordance with Section 24 of the Agreement; and
D. Due to the legal requirements in California surrounding public works projects, including the need to secure bonds and pay prevailing wages, and because Artist does not live in California, and does not have familiarity with these legal requirements, the Parties have agreed to remove these items from the scope of Services of the Agreement, and instead, the public works aspects of the Agreement will be handled by the City to ensure compliance with California public contracting requirements; and E. Because of the change to the scope of Services for the Project, Artist deducted eight thousand seven hundred fifty dollars ($8,750) from the outstanding balance owed, which took into account the City handling the public works aspects of the Project, as well as an increase in material costs incurred by the Artist caused by the COVID-19 Pandemic; and
F. City Council requested changes to the silhouettes at its July 23, 2024 meeting, which are reflected in Attachment 1, and will increase the cost of the Project by an additional ___________ dollars ($______); and
G. The Parties desire to amend Exhibit “A” Scope of Services to include specific benchmarks for timing related to the completion of the Project, payment obligations, clarifications on site specifications, removal of the public works aspects, changes to the silhouettes, and additional clarifying information regarding the Project, and the Parties have negotiated and agreed to a revised Scope of Services and fee schedule; and
H. The term of the Agreement currently expires “upon completion of the Services by Artist,” and the Parties desire to amend Section 3 (Term) so that the

2 City Attorney Approved Version 040821
Agreement expires either upon completion of the Services by Artist, or by December 31, 2025, whichever is sooner.

NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows:

1. Douwe Studios, LLC assumes all of Douwe Blumberg Studios (a sole proprietorship) rights and obligations as set forth in the Agreement, and the City consents to the assignment and assumption.

2. The total amount of compensation to be paid to Artist under the Agreement is hereby increased by __________ dollars ($______), making the Compensation payable to Artist a total not to exceed Agreement amount of ______ dollars $________, with the full schedule of payments outlined in Exhibit “A.”

3. Exhibit “A” to the Agreement, which describes the Services, is hereby deleted in its entirety and replaced with the revised Scope of Services and Fees described in Exhibit “A,” attached to this Amendment and incorporated in by this reference.

4. Section 3. Term of the Agreement, is hereby amended and replaced in its entirety with the following:
“3. Term. Unless earlier terminated, the term of this Agreement will commence upon the date first above written and will expire upon completion of Services by Artist, or by December 31, 2025, whichever is sooner.”

5. Except as amended herein, all other provisions of the Agreement will remain in full force and effect.

6. All requisite insurance policies to be maintained by the Artist pursuant to the Agreement shall include coverage for the amended term, as described above.

7. The individuals executing this Amendment and the instruments referenced in it on behalf of Artist each represent and warrant that they have the legal power, right and actual authority to bind Artist to the terms and conditions of this Amendment. [Signatures on the following page.]

3 City Attorney Approved Version 040821

8. Signatures.

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

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

ARTIST:

By:

Douwe Blumberg, Artist/Managing Member
CITY:

By:

Tim Y. Ogden, City Manager
ATTEST:

By:

Margaret Wimberly, City Clerk
APPROVED AS TO FORM:

By:

Katherine Wisinski, City Attorney
If an LLC:
 The Agreement must be signed by a Managing Member or the LLC must attach a resolution empowering the signatory to bind the LLC.

4 City Attorney Approved Version 040821
EXHIBIT “A”

SCOPE OF SERVICES AND FEES

1. Artist will design, fabricate, build, and complete the Project entitled “Fields of Time,” as shown in Attachment 1.

2. Project to be located alongside the Brentwood Police Station on Brentwood Boulevard in conformance with the site diagram provided as Attachment 2.

3. Project components and responsibilities:
 Artist to prepare updated color rendering for Project that reflects current site conditions and placement.
 Artist to provide photos of completed silhouettes, along with the sizes/dimensions of the silhouettes.
 Artist to provide finished silhouettes, painted black and ready for installation.
 City to prepare and complete bid process, and enter into contracts with contractors, for the concrete, lighting work, and welding required for installation of the Project.
 City will install structural concrete for the Project.  The Parties will mutually agree on a date for delivery of the finished silhouettes, taking into consideration the work schedule of the City’s hired contractor(s).
 Artist is responsible for delivery of the silhouettes, and shall arrive in the City the same time the silhouettes are delivered.
 Artist to provide anchor hardware, including faceplates/baseplates, and ¾” anchor bolts to the City at time of delivery of silhouettes.  Artist shall be on-site during the entire installation of the Project, until completion, for field review.
 City‘s contractor(s) to provide welding services for the Project, to include welding faceplates/baseplates to each end of each hoop/arch, and then welding of each silhouette to its hoop/arch.
 Artist to polish installed items following welding/installation by City’s contractor(s).
 City to provide any final dressing of the site, which could include bark and/or plant materials.
 City will coordinate unveiling/ribbon cutting ceremony.

4. Payment Schedule to Artist:
 $87,500 payable on September 5, 2019, at the beginning of the Project.  $43,750 payable on June 3, 2020 for completing “hoop” forging and silhouette cutting.
 $12,000_________ payable within 30 days of execution of this Amendment for remobilization of the Project, and for updated renderings of the Project.  $11,000 payable within 30 days of City’s receipt of photos of completed silhouettes, along with the sizes/dimensions of the silhouettes.

5 City Attorney Approved Version 040821
 $12,000 payable within 30 days following completion of final acceptance by the City, of the Project.

Compensation Total $166,250__________

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD TO 1) APPROVE AND AUTHORIZE THE CITY

MANAGER OR DESIGNEE TO EXECUTE AN AMENDMENT TO THE

AGREEMENT FOR ARTIST SERVICES WITH DOUWE BLUMBERG
FOR THE PUBLIC ART SPACES – PHASE 1 PROJECT, CIP
PROJECT NO. 337-37244 WITH A NOT TO EXCEED AMOUNT OF
$187,655 AND 2) AMEND THE FY 2024/25-2028/29 CAPITAL
IMPROVEMENT PROGRAM.

WHEREAS, on February 28, 2017, by Resolution No. 2017-24, City Council approved two viable locations for the Citywide Gateway Monuments “4-Corners” Project (renamed Public Art Spaces); and
WHEREAS, on April 17, 2019, the Arts Commission approved a recommendation to City Council for approval of two Public Art Spaces locations, artists and designs, including Douwe Blumberg’s project on Brentwood Boulevard; and
WHEREAS, on April 23, 2019, by Resolution No. 2019-54, City Council approved two viable locations, artists and designs for the Public Art Spaces project; and
WHEREAS, on May 7, 2019, City Council approved the City public art location prioritization; and
WHEREAS, on May 28, 2019, by Resolution No 2019-68, City Council adopted the 2019/20 – 2023/24 Capital Improvement Program (CIP) which included the Public Arts Spaces project; and
WHEREAS, on August 13, 2019, by Resolution 2019-68, City Council approved and authorized the City Manager or Designee to execute an artist services agreement with Douwe Blumberg for the Public Arts Spaces CIP #337-37244 on Brentwood Boulevard in the amount of $175,000, plus a 10% contingency of $17,500 for a total amount of $192,500;
WHEREAS, on June 3, 2023, by Resolution 2023-80, City Council adopted the amended 2023/24 Operating Budget.

WHEREAS, on June 23, 2023 by Resolution 2023-80, City Council adopted the 2023/24 – 2027/28 Capital Improvement Program which includes the Public Art Spaces Project, CIP Project NO. 352-37244; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby resolve as follows:
1) The City Council authorizes the City Manager or designee to finalize and execute an amendment to the artist services agreement with Douwe

Blumberg for the Public Art Spaces – Phase 1 Project, CIP Project No. 337- 37244 in a not exceed amount of $187,655,
2) The City Council amends the 2024/25 – 2028/29 CIP for the Public Art Spaces – Phase 1 Project, CIP Project No. 337-37244 as detailed in Attachment 3, incorporated herein by reference.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 23rd day of July, 2024, by the following vote:

CITY COUNCIL AGENDA ITEM NO. H.2
07/23/2024
SUBJECT: Report on Economic Development and Innovation Center Efforts from 2022-2024
DEPARTMENT: City Manager’s Office
STAFF: Darin Gale, Assistant City Manager
Ricardo Noguera, Economic Development Manager
Abraham Salinas, Senior Analyst

TITLE/RECOMMENDATION
Receive update from staff regarding development of the Innovation Center and the City’s Economic Development efforts.

FISCAL IMPACT
Not applicable.

BACKGROUND
In January 2022, the City Manager’s Office strategically staffed its economic development team by hiring a new Assistant City Manager, and Economic Development Manager, followed by a new Senior Analyst in 2023. This initiative aimed to implement a pro-active and comprehensive approach to Brentwood’s economic growth, with a particular focus on the Innovation Center, formerly known as PA-1.

The Innovation Center represents Brentwood’s most significant opportunity for largescale, mixed-use development. Envisioned as a dynamic town center, this project is designed to:

1. Create a hub for major employment opportunities

2. Expand commercial offerings

3. Reduce commute times

4. Enhance Brentwood’s regional competitiveness
On April 9, 2024, the City Council requested a comprehensive update on the City’s economic development activities, with a particular focus on the Innovation Center.

CITY COUNCIL AGENDA ITEM NO. H.2
07/23/2024
The attached report provides a detailed overview of Brentwood’s economic development landscape, addressing the following key areas:

1. Purpose of Economic Development in Brentwood: Economic development is a critical driver of community growth and prosperity. While local governments rarely own land within their boundaries, they wield significant influence though land use policies and zoning regulations. These tools shape the landscape for development and business attraction, setting the foundation for economic growth. Brentwood’s economic development team leverages a comprehensive understanding of the City’s position in the regional market to maximize its potential. This strategic approach ensures that Brentwood’s economic development efforts are targeted, effective, and aligned with the long-term interests of the community.

2. Key Initiatives and Achievements: Since 2022, Brentwood's Economic Development team has made significant strides in fostering growth and attracting businesses. Key achievements include advancing the Innovation Center development, with Costco approval and infrastructure improvements; implementing a successful Economic Development Grant Program; enhancing downtown revitalization through partnerships and business recruitment; supporting the Agricultural Enterprise Program; and attracting new developments like the La Quinta and Hawthorne Hotel, Lazy Dog, and Barnes & Noble. The team has also been proactive in responding to various RFPs from Cal GO-BIZ, including Fortune 500 companies, maintaining communication with property owners, and marketing the city at regional and national conferences. These efforts have elevated Brentwood's profile, positioning it as an attractive destination for diverse businesses and development opportunities, while addressing challenges such as limited commercial space and the need for infrastructure improvements.

3. Challenges and Obstacles: While the attached report primarily highlights the economic development efforts undertaken since 2022, it is crucial to acknowledge the significant challenges Brentwood faces in achieving its economic goals. Some of these challenges include geographic location, limited site readiness, unproven employment base with what is currently located here, regional office market dynamics, infrastructure gaps, financial constraints, and more. By acknowledging these challenges, Brentwood can develop targeted strategies to address each obstacle, leveraging its strengths and unique positioning to overcome these hurdles and foster sustainable economic growth.

CITY COUNCIL AGENDA ITEM NO. H.2
07/23/2024

4. Future Opportunities and Growth Prospects: Brentwood's economic landscape is poised for significant growth, with opportunities outweighing constraints. To capitalize on this potential, the Economic Development team is pursuing a multifaceted strategy to position Brentwood as a dynamic, forwardthinking city ready to embrace new economic opportunities while maintaining its unique character and quality of life.

The primary objective of this report is to offer the City Council a thorough analysis of staff’s recent economic development efforts. By offering this in-depth assessment, the report seeks to equip the City Council with crucial insights to inform strategic decision-making and shape Brentwood's future economic development policies. This analysis will serve as a foundation for refining existing programs, exploring new initiatives, and aligning the city's economic vision with its long-term goals for sustainable growth and community prosperity.

CITY COUNCIL STRATEGIC INITIATIVE
The FY 2022/23 – FY 2024 Strategic Plan identifies the following:

1. Encourage private re-investment though the sale of Successor Agency and City owned real properties

2. Incentivize higher tier, unique business and development to the Brentwood Boulevard and Downtown areas

3. Enhance retail recruitment awareness and prioritize activities that display the City’s efforts inducing new retail-commercial development

PREVIOUS ACTION
Not applicable.

ENVIRONMENTAL DETERMINATION
Not applicable.

ALTERNATIVE OPTION(S)
Not applicable.

CITY COUNCIL AGENDA ITEM NO. H.2
07/23/2024

ATTACHMENT(S)

1. Economic Development in Brentwood: Achievements, Challenges, and Future Opportunities

Economic Development
in Brentwood:

Achievements | Challenges | Future Opportunities
July 2024
Economic Development Division
City of Brentwood
150 City Park Way
Brentwood, CA 94513

1 Table of Contents
Executive Summary ................................................................................2 I. Key Initiatives and Achievements......................................................3 II. Challenges and Impediments..........................................................12 III. Future Opportunities and Growth Prospects..............................17 Conclusion..................................................Error! Bookmark not defined.

2 Executive Summary
This report provides a comprehensive overview of initiatives led by the City of Brentwood's Economic Development Team since January 2022, with a special emphasis on the development of the Innovation Center, formerly known as PA-1.

Purpose and Role
Economic Development is integral to local governance in Brentwood. As part of the City Manager’s Office, Brentwood’s Economic Development team focuses on strategic initiatives to strengthen the tax base, foster quality employment opportunities, attract diverse employers, selectively recruit retailers and restaurants, retain existing businesses, and enhance the City's market appeal.

Key Functions

1. Strengthen and Diversify the Tax Base: Enhance revenue to fund essential City services such as public safety, parks, infrastructure, and road maintenance.

2. Foster Quality Employment Opportunities: Retain and expand jobs that provide quality employment for residents and career pathways for those just entering the workforce.

3. Attract Diverse Employers and Developers: Attract developers and employers to the Innovation Center and other commercial corridors that offer career pathways and high-wage jobs for locals, reducing the necessity for long-commutes across the San Francisco Bay Area.

4. Selective Recruitment of Retailers and Restaurants: Attract retailers and restaurants of interest to residents, encouraging them to spend locally rather than travelling to neighboring cities.

5. Enhance Market Appeal: Establish, maintain and grow a favorable perception of the City by marketing of our economic assets and attracting investments that uplift its market status.

Key Initiatives and Achievements
● Collaboration and Partnerships: Partnered with brokers, property managers, and non-profit organizations to facilitate business development and investment. ● Key Developments: Attracted businesses such as Locanda Capri Italian Restaurant and Golden State Orthopedics, and initiated the revitalization of retail centers. ● Innovation Center Progress: Marketed the Innovation Center, updated the Specific Plan, and secured significant developments including Costco.

3 Challenges and Impediments
● Power Supply: PG&E’s role in providing power is crucial for attracting major employers. ● Specific Plan Amendments: Needed to support horizontal mixed-use development. ● Market Competition: Brentwood faces stiff competition from other Bay Area markets. ● Infrastructure Needs: Essential to support commercial development.

Future Opportunities and Growth Prospects
● Innovation Center Development: Focus on horizontal mixed-use town center communities. ● New Infrastructure Projects: Sand Creek Road extension and public utilities installations. ● Enhanced Retail and Restaurant Recruitment: Implement strategies from the Enhanced Retail Study.
● Streets of Brentwood Transformation: Support the new ownership in revitalizing the center. ● Business Retention and Expansion Programs: Conduct surveys and develop supportive programs.
● Tech and Office Space Development: Address the demand for professional office spaces.

Additional Initiatives
● Downtown Expansion: Increase professional office opportunities. ● Business Parks: Consider annexing land for new business parks. ● Grant Programs: Revise and introduce grant programs to support tech-oriented businesses and true economic development activities.

The following report provides detailed information and analysis of the initiatives, accomplishments, challenges, and future opportunities outlined above. This comprehensive overview highlights the strategic efforts and ongoing projects aimed at fostering economic growth and enhancing the quality of life in Brentwood.

I. Key Initiatives and Achievements
The City of Brentwood is recognized beyond Contra Costa County as a bedroom community with a strong agricultural heritage. While this has bolstered the City's quality of life and preserved ample open spaces, it has not been effective for drawing in industrial and commercial interests. Since 2022, the Economic Development team has concentrated on the following efforts:

A. Marketing and Promoting the City
Staff traveled extensively to attend conferences, host booths, and contribute articles to publications such as BIOCOM (Statewide biotech trade organization) and TeamCA’s “Spotlight on Members” series. Staff also placed advertisements across the San Francisco Bay Area, Los Angeles, and the East Coast (Boston) to

4 showcase Brentwood, particularly the Innovation Center, to potential developers and businesses.

Additionally, staff produced a promotional video for the Innovation Center.

Notably, confusion between the City of Brentwood and the Brentwood neighborhood in Los Angeles arises among many developers during events and meetings across the Bay Area and Southern California.

Addressing this requires considerable effort from staff, leveraging diverse tools such as videos and news features in publications like the San Francisco Business Times to properly introduce and promote the City to developers and technology firms is key.

B. Innovation Center Activities
Staff has served as the City’s lead in promoting the marketing and development of the approximate 260 acre site. This has included maintaining regular communication with all property owners and collaboration with Public Works and Engineering staff on design and construction of the extension of public utilities while continuing the marketing of the center
C. Update to the Innovation Center (PA-1) Specific Plan Economic Development staff collaborated with Community Development and external consultants to update the Innovation Center Specific Plan, previously known as the PA-1 Specific Plan. Following its approval in Fall 2022, the staff engaged with various developers to advance the project, leading to the approval of a new Costco in the northwest portion of the plan. During the City Council approval process, staff committed to returning to the Council after a year of developer engagements to assess whether the plans align with current and future market demands. Based on ongoing marketing efforts to both developers and end users, the staff recommends revising the Specific Plan to allow for horizontal mixed-use development and reconsidering certain permitted and conditionally permitted uses in the use table.

D. Innovation Center Promotion
Through marketing efforts and participation in regional, statewide and national conferences, staff have elevated the profile of the Innovation Center and the City as a whole, positioning them prominently on the national stage for development and industry opportunities. Historically, Brentwood has been perceived by the SF Bay Area and California in general as an agricultural community, not as a place to locate a tech campus or business park. However, the Economic Development team’s efforts have attracted a diverse array of developers and companies that are now considering establishing projects in Brentwood. Although the City does not own the properties of interest, its role involves marketing these sites by traveling to conferences, placing strategic ads in various periodicals, and facilitating introductions between developers, business prospects, and property owners, who ultimately negotiate land sales. Recruitment efforts included:

1. Hosted foreign investors from (International Real Estate Federation) FIABCI in Spring 2022.

2. Finalist for LG Chem (Biotech firm on the Fortune 500 list) that located to Vacaville, CA instead.

3. Ongoing discussions with a national developer active across the S.F. Bay Area about acquiring and developing a large section of the Innovation Center.

5 4. Hosted a national industrial developer which chose to expand in Antioch instead since the warehouse/logistics market is in higher demand (Trammell Crow Company).

5. East Bay Developer of Advanced Manufacturing, Clean Tech Campuses toured the site and is exploring the potential to acquire land on west side and develop a clean tech campus.

6. State wide mixed-use developers have met with staff and toured the site.

7. A well-capitalized company working on emerging technology is still in the early stages of their due diligence, and Brentwood’s being considered along with other possible properties. Staff believes that emerging technologies could play a significant role in the future economic growth of the City.

E. City Selected as a Finalist for a Biotech Firm:

In 2022, due to staff’s efforts, a 10-acre site at the Innovation Center was selected as a finalist for consideration by LG Chem, a South Korean multinational corporation. Ultimately, LG Chem opted for a site in Vacaville, citing the area’s existing support from numerous biomedical firms such as Genentech with a robust pool of skilled labor. Furthermore, training programs at Solano Community College have been established to support the industry, nurturing a pipeline of future workers to serve neighboring biomedical firms. Unfortunately, Brentwood currently lacks prominent biotech or biomedical firms and Los Medanos College does not have a well-established pipeline of training programs for prospective job seekers.

Nevertheless, Brentwood’s Innovation Center put forth a strong showing and reached finalist status in the selection process which included three site visits, including one with the CEO of LG Chem.

F. Costco:

Staff played a crucial role as liaisons between the retailer’s real estate representatives and the City. Staff have kept the retailer informed about City initiatives, including updates on projects like the Sand Creek Road extension and developments at the Innovation Center. Construction of the store is anticipated to break ground by August 2024. The addition of Costco is expected to act as a catalyst, drawing more development to the area.

G. Multi-Family Development:

A national multi-family developer entered into a Purchase & Sales Agreement (PSA) to acquire 15-acres on the west side of the center and was exploring the potential to build more than 300 units of townhomes and apartments. Ultimately, investors put the project on-hold in March 2024 due to unfavorable market conditions. As a residential project, it was located on the far west side of the project and would have extended much needed utilities required for the development of the non-residential portion of the Innovation Center. The residential portions of the Innovation Center were intentionally located on the west side of the Specific Plan to assist with utilities extensions for other non-residential uses.

6 H. Glydways:

Staff prepared a proposal and coordinated meetings with both City Planning staff and property representatives at the Innovation Center for this autonomous vehicle manufacturer. In 2022, Economic Development staff facilitated several meetings with other City staff at the request of company officials.

After signing a Letter of Intent (LOI) with two owners representing twenty acres on the west side of the Innovation Center, company officials chose to expand their site selection search (Fall 2022) and as of this date are still examining several sites across the Bay Area. If this company chooses a 20-acre site in Brentwood, it could create up to 200 high paying jobs.

I. Mixed-use Development:

In the PA-1 Specific Plan, the City Council reserved over 20 acres for mixed-use development. Staff is proactively marketing this section of the site to developers across the state. In fact, more than ten (10) developers have met with staff and visited the site. The biggest challenges raised by developers is the City’s current desire to see vertical mixed-use development with parking structures. This concept has been deemed infeasible and aside from San Francisco, Oakland, Berkeley, San Jose and Walnut Creek, to a lesser degree, it has not yet proven to be successful. Vertical mixed-use over the entire mixed-use zone is not financially viable. As a result, City staff is exploring a horizontal version of a mixed-use development and developers have expressed interest in this format. This would require returning to both the Planning Commission and City Council to amend the specific plan to allow for consideration of a horizontal mixed-use project.

J. Utility Extension:

Economic Development staff is working in tandem with Public Works staff to oversee preparation of exhibits and facilitate meetings with affected property owners at the Innovation Center. In May 2024, the City Council approved a Purchase & Sale Agreement with the Nunn Family and staff expect to return to the City Council in July 2024 with an agreement for a portion of the Houser property. The plan is to complete installation of the utilities prior to the 2025 planting of crops.

The City is working with two property owners in the Innovation Center to extend water/sewer lines from the terminus of Empire Avenue to the immediate west side of Highway 4. This project should be completed by year’s end and would foster new developments on the west side of the Innovation Center.

K. Sand Creek Road Extension:

Economic Development staff have worked closely with Engineering staff and are promoting this new roadway to developers and investors who may consider acquiring properties on the west side of the Innovation Center. The City commenced construction of a $12M extension of Sand Creek Road from Highway 4 to Heidorn Ranch Road, thereby opening access to more than 200 acres on the west side of the Innovation Center. Construction is scheduled for completion by the end of summer 2024. This extension is vital for projects within the Innovation Center, such as Costco, which requires a second access along Heidorn Ranch Road helping connect Lone Tree Way and Sand Creek Road.

7 L. Mokelumne Trail Pedestrian & Bicycle Bridge:

The Contra Costa Transportation Authority completed construction of a $13M pedestrian and bicycle bridge spanning Highway 4 in April of 2024.

M. Responses to RFPs from CAl GO-BIZ:

Periodically, staff receive requests for proposal (RFPs) from the Governor’s Office of Business and Economic Development. When the proposed project meets the City’s goals and there is sufficient land available to accommodate the project, the City submits a packet of information for consideration. The following is a partial list of proposals, which staff have responded to:

1. LG Chem: The City was a finalist for the cancer research biotech firm.

2. Project Northstar: Staff responded to the RFP for this pharmaceutical company. To date, no decision has been made on sites.

3. Project London: Staff responded to an RFP for this pharmaceutical company. To date, no response has been provided.

4. Project Sunday: Staff responded to an RFP for another pharmaceutical company with no response.

5. Project XDemics: Staff responded to an RFP for a medical service firm with no response to date.

N. Downtown Business Recruitment/Coordination:

Economic Development staff work closely with the Downtown Brentwood Coalition (DBC), businesses, and property owners on the following activities:

1. Delta Theater Renovation: Staff coordinated several meetings with the property owner and Planning and Building staff to devise a plan to address renovations of the theater. The theater opened in June of 2024 and will serve as an anchor for downtown businesses.

2. Locanda Capri: Staff worked with LRG Brokers to attract a Lafayette-based fine dining restaurant to purchase and replace long time restaurant, Sweeney’s. Locanda Capri Restaurant, an Italianthemed restaurant, opened in December 2023 and staff is working with the operator to identify space for another restaurant downtown. These are the type of unique restaurants and retailers the City seeks to draw.

3. Former Women’s Club Building: Staff successfully negotiated a 54-month lease with the DBC to oversee the renovation and management of the former Women’s Club building, without incurring any leasing expenses. This historic building will serve as the DBC’s new administrative headquarters. The DBC also has plans for the space to function as a destination tourism office where both residents and visitors can learn more about what Brentwood has to offer, enhancing the City’s appeal as a destination, once the building is improved.

8 4. Tarrrar Utility Consultants/Former Catholic Church: This utility engineering firm calls downtown Brentwood home with a variety of other offices across the state. They are in the process of finalizing construction of a new 3-story office building on 1st Street and plan to lease their existing space, which is approximately 3,000 square feet in size, to another use. Staff will assist in the recruitment of a tenant. Attracting good paying jobs to downtown to support local eateries is key to a healthy and vibrant area, especially during the day when local residents are at work and patronage is limited.

5. 2
nd Street/Chestnut: Staff have held several meetings with the owner of one of the last remaining vacant lots downtown. The owner has discussed constructing a two-story mixed-use building on the site that would include residential units on the upper floor and retail space on the ground floor.

This project is currently on hold due to the cost associated with undergrounding of the utility poles on the property.

6. The Yard on Oak Street: Local restauranteurs acquired the former gas station located at 200 Oak Street with ambitious plans to transform it into a vibrant burger joint. Their vision includes offering a selection of soft drinks and spirits alongside a variety of outdoor games such as Corn Hole. This innovative concept aims to attract high school students during the day and cater to adults in the evenings, while also providing recreational outdoor entertainment options for numerous visitors to Downtown Brentwood.

O. Streets of Brentwood Recruitment Efforts
Staff pro-actively marketed available spaces at the Innovation Center at various conventions, such as the International Council for Shopping Centers (ICSC). These efforts have led to many unoccupied in-line retail spaces being filled, including both a hotel and medical offices. These uses will be built over the next few years and will transform the development into a true lifestyle center with a mix of medical offices, hospitality, restaurants and retailers.

1. Sutter Health Medical Offices: Working in tandem with the management of Streets of Brentwood, staff monitored the sale of a 7-acre parcel at the Streets of Brentwood where an approximately 70,000 square foot medical office building is expected to break ground in 2026. This medical facility will serve to diversify the uses at the lifestyle center with a few hundred medical office workers employed during the day. Restaurants and retailers alike stand to benefit from the addition of both the workers and visitors.

2. La Quinta & Hawthorne Suites: Staff worked for many years to find a developer for a new hotel in Brentwood. Through a change to the zoning code that allowed hotels to be developed in many areas of the City without a conditional use permit, the City was able to secure a hotel developer. In 2022/23, a hotel developer closed on a parcel within the Streets of Brentwood and has been working on site layout and design review for the proposed hotel. This project’s design review application was approved by the Planning Commission in June of 2024. The operator expects to break ground on the 151-room hotel at the Streets of Brentwood in 2025, with an estimated opening in later 2026.

9 3. Barnes & Noble and Other Notable Additions: The former REI store that has sat vacant for more than a decade will soon be filled by Barnes & Noble Bookstore. The book retailer will occupy 21,000 square feet of vacant space at the center. With the assistance of the staff, Mathnasium, American Family Care Urgent Care Clinic, and Limitless Axes & Ales have also been added to the Streets.

4. Future New Owner: In addition to recruitment of new tenants to the Streets of Brentwood, staff has successfully recruited a prospective new buyer of the Streets property. Staff coordinated a number of meetings with the prospective buyer and expect the owner/developers to close on the property in August 2024, with significant new capital investments into the property commencing in 2025.

P. Other Activities
While considerable efforts have focused on attracting development and investments to the Innovation Center, where major employers are sought, staff continue to facilitate business attraction and retention efforts across the City. Efforts have included:

1. Brentwood Tech MeetUp and Tech Council: In an effort to capitalize on the “hybrid and remote workers” in town with an ultimate goal of attracting technology companies to the area and keeping workers in town, staff launched a Tech MeetUp in early September 2023. The MeetUp operated twice per week in the Community Center and offered free wifi, coffee and light refreshments to attendees. Staff promoted the MeetUp on social media. Unfortunately, due to market conditions changing and tech workers returning to the office, attendance at the MeetUp was limited and the MeetUp was discontinued.

2. Enhanced Retail Recruitment Study: This is a strategic initiative of the City Council. Staff released an RFP and selected a consulting firm to perform the study, which is in the process of being finalized. The intent of the study is to identify appropriate retailers and restaurants not currently located in Brentwood’s market along Highway 4 but which are found in similar markets, such as the I-680 and SR 24 corridors. Although Brentwood sits adjacent to the cities of Antioch and Pittsburg, the local demographics are similar to those in Walnut Creek, Lafayette and San Ramon. Therefore, rather than see our local residents travel westward to those communities in search of goods and restaurant choices, staff are seeking to identify those retailers and restaurants not currently located in Brentwood that can be recruited locally. Staff is already witnessing the arrival of such restaurants, including Dumpling Hours at the Streets of Brentwood and Locanda Capri downtown.

3. Resident and Commuter Surveys: These surveys were conducted in order to identify the occupations of the local workforce, their employers and commuting patterns. This data has helped pave the way for the Tech MeetUp. Many of the respondents to the survey are employed either in the tech or healthcare industries. Seventy-five (75) percent of the respondents (795) use their private vehicles to commute to work. The remaining twenty-five (25) percent rely on BART to get to work.

When the survey was completed in Spring of 2022, thirty-six (36) percent of respondents indicated

10 they worked on a hybrid or remote basis. Based on the return to work policy instituted by several tech firms across the SF Bay Area, these numbers have dropped, especially for employers such as Google, Meta, and Apple.

4. Brentwood Chamber of Commerce: Staff regularly attend the organization’s events, from grand opening celebrations for new businesses to mixers. Staff also refer new companies to the Chamber for potential consideration of joining the organization. During the fiscal year 2024/25, the City will be partnering to partially fund a Small Business Development Center (SBDC) consultant located at the Chamber’s office to provide assistance to local businesses.

5. Downtown Brentwood Coalition (DBC): Staff serve as a liaison to this Downtown Business group, attending their monthly meetings and providing technical support. Staff is also working with the DBC to become financially sustainable beyond the current MOU by analyzing a Property and Business Improvement District (PBID). Staff is monitoring the renovations of the former Women’s Club as approved in the lease agreement with the DBC. Staff also work closely with the Executive Director on recruitment of new businesses and technical assistance for existing businesses within their boundaries. One example of this is the work to assist Locanda Capri Restaurant in hiring new employees. The DBC’s Executive Director helped promote the job opportunities for local residents.

Staff and the Executive Director work in a tandem approach to proactively address economic development downtown maintaining and expand a vibrant business district.

6. Property Owner/Developer Communications: Staff proactively reaches out to property owners who own vacant and undeveloped properties. One specific example is that in 2022, staff reached out to Sierra Pacific Properties, which owns a 20-acre parcel on the west side of Highway 4, encouraging them to develop a business park. Staff maintains a database of vacant parcels and buildings that are used to attract developers and end users. Other examples have included assisting brokers of Lone Tree Crossings, Sand Creek Crossings and Garin Ranch Commercial Center in the recruitment of both retailers and office tenants. Most recently, Cardoza Properties, which manages Garin Ranch, secured a lease with a medical counseling firm that will fill a 5,000 square foot vacant space with twenty-five (25) professionals. Economic Development staff have coordinated meetings with Planning staff and will connect the new firm with restaurants in the center once they are ready to move in.

7. Economic Development Grant Program: The City's Economic Development Grant Program Guidelines and Application were recently revised with the aim of simplifying the application review and grant award selection process. Since 2022, the City has presented 44 grant funding awards totaling $478,996. The competitive economic development grant program, while growing in popularity for community events, presents a challenge. An analysis of past grants reveals a trend where the majority of funding goes towards projects that are not true economic development projects. To ensure the program aligns with its intended purpose, staff plans to update the program to focus on the economic development goals of the City Council.

8. Agricultural Enterprise Program: Staff is working closely with Harvest Time in an effort to implement the U-Pick Capital Program, which supports and promotes Brentwood’s Agricultural heritage, Agri-tourism, and network of U-pick farms. The City Council approved an MOU with

11 Harvest Time in February 2024 for $244,200 over three years. This project is funded through the City’s ag-mitigation funds pursuant to Brentwood Municipal Code Chapter 17.730 (‘Agricultural Preservation Program’). Staff will work closely with Harvest Time to ensure this MOU is properly implemented.

Additionally, staff has also been working with Harvest Time on the use of the Nail Property for a future Agricultural Innovation Center and successfully gained support from the Agricultural Enterprise Committee and City Council. In 2023, Economic Development staff worked with Senator Glazer’s office to include language in statewide legislation that staff hopes will exempt this project from the State’s Surplus Land Act process. The next steps are for the California Department of Housing and Community Development (HCD) to authorize the City to move forward with negotiations with Harvest Time so the City Council can consider a purchase and sales agreement for the development of the Agricultural Innovation Center on the former Nail Property.

9. Disposition of Surplus Land: Staff initiated the process of issuing notices for all 14 designated surplus properties fall of 2023. Staff is currently awaiting authorization from HCD as to when the City can begin soliciting proposals for sale of properties.

10. Better in Brentwood: The initiative's primary objectives are to stimulate economic development by encouraging residents to shop, dine, and spend local; attract visitors to the region; enhance tourism; strengthen ties between residents and local businesses; and encourage both locals and visitors to embrace the lifestyle Brentwood offers. In June 2023, staff consolidated the program, which had previously been managed by the City with multiple contractors. The program is now managed by a single local marketing consultant. Since the lead consultant assumed control, the program has experienced significant growth, with the website receiving more than 160,000 visits and engaging with over 80,000 social media accounts from July 2023 through March 2024.

Better in Brentwood conducts business spotlights, where the consultant showcases specific businesses through articles posted on betterinbrentwood.com and shared across social media platforms. Since June 2023, they have featured over 30 businesses through this initiative.

Moreover, the consultant actively participates in community events, having attended over 50 gatherings. At these events, they not only highlight Brentwood's vibrant culture and lifestyle, but promote the City, furthering its visibility and appeal.

11. Sciortino Ranch: The most recent retail development along the Brentwood Boulevard Corridor was completed at Sand Creek Road and Brentwood Blvd., delivering a variety of restaurants and a grocery store to the hundreds of families who have moved to the eastern and northern areas of the City. This is advantageous in that families are not forced to travel to Lone Tree Plaza and Streets of Brentwood for restaurants such as Chipotle, Panda Express, and Denny’s. This also reduces traffic across the City. Staff believe the successful development of this project will spur additional investment along the City’s older Brentwood Boulevard corridor.

12. Technical Assistance to Small Businesses & Non-Profits: Often non-profit agencies and small businesses reach out to Economic Development staff requesting assistance to find sites, financing,

12 marketing, and serving in an ombudsperson role in the permit process. Staff regularly meets with these businesses and provides one on one consultation services. Additionally, in June of 2024, staff initiated a new virtual monthly small business workshop series, providing needed resources to local small businesses.

13. Lazy Dog Restaurant and Bar: The restaurant received approval by the City and may break ground on Sand Creek Road across from Streets of Brentwood later in 2025 pending property owner contingencies.

II. Challenges and Impediments
While this report primarily aims to highlight the economic development efforts undertaken by the Economic Development Division since 2022, it is also important to acknowledge the various impediments that pose challenges to achieving success in Brentwood. These impediments include:

A. Brentwood is a Bedroom Community:

Approximately, 80 percent of the land in the City is zoned for residential development, creating an imbalance that restricts the ability to attract and support commercial development. Therefore, incentivizing and maximizing the potential for commercial development, particularly throughout infill sites, is crucial.

B. State Housing Requirements:

State housing mandates and mixed-use zoning along corridors such as Brentwood Boulevard and Lone Tree Way encourage developers to designate larger parcels for residential development, which leaves limited space for commercial projects along these corridors. Consequently, commercial development is often confined to smaller spaces and predominately consists of less economically beneficial uses. Additionally, recent housing law enables residential projects to be developed in commercially zoned parcels further limiting economic development efforts.

C. Lack of Electric Power:

In order to attract technology companies to the Innovation Center, it will require significant expansion of power to the area. The city’s local provider, PG&E, has shared significant cost and timeframe challenges in fulfilling the power to support clean tech, life science, and other high tech users.

D. Shopping Centers and Business Parks:

The proximity of existing shopping centers and business parks (such as Sunset Industrial Park, Sand Creek Business Center and Harvest Commerce Center) to residential districts imposes several zoning constraints on businesses, including restrictions on building heights, parking limitations, setbacks, and permissible uses. These restrictions make it challenging to attract industries that offer higher employment density and

13 better-paying jobs. Additionally, these centers often prioritize auto-related and recreational uses, which occupy a substantial amount of space that could otherwise be utilized for traditional office and light industrial uses.

Moreover, these business parks and shopping centers are located in many of the City’s planned development (PD) areas, which often lack clear definitions for allowable uses, leading to confusion across the City’s seventy-two (72) planned development areas. The surrounding residential districts further complicate the situation, limiting the potential to attract and expand industry within these centers. Many PD zoning definitions should be updated to encourage desired economic development opportunities.

E. Lack of Awareness of Brentwood Market Beyond Contra Costa County:

Although the City of Brentwood was incorporated in 1948, it remains relatively unknown to the wider development community (apart from single-family home developers) beyond the county boundaries.

Additionally, the delay in completing the Highway 4 Bypass until 2008 meant that significant commercial development shifted eastward and southward along Interstates 5 and 580 towards cities like Tracy, Stockton, Manteca, and Lodi. Consequently, Brentwood missed out on much of the non-residential construction boom of the past 20 years.

In response to this challenge, the Innovation Center was established along Highway 4. City staff are actively promoting and marketing the Center not only across the Bay Area, but also statewide and nationally. Efforts include attending various conferences, placing advertisements, and initiating contact with developers, brokers, and business prospects to enhance Brentwood’s visibility and attract investment.

F. Land Values for Single-Family Development Exceed Those for Commercial Development:

Land values favor the construction of single-family homes, which typically command a higher value per square foot compared to commercial development. This preference makes it more challenging to attract commercial developments, as landowners aim for higher returns on their investment. This issue is particularly evident in areas like the Brentwood Boulevard Specific Plan, where zoning is broad and permits a variety of land uses, including residential.

Complicating matters further, new state laws prevent the City from eliminating residential uses from these plans unless it simultaneously replaces the potential to develop these lost housing units in another area of the City. This requirement restricts the City’s flexibility to adjust land use strategies to better balance residential and commercial development needs.

G. Lack of Public Infrastructure to Support Commercial Development:

The three key areas capable of supporting commercial development—the Innovation Center, over 10 acres south of John Muir Health Center, and the Brentwood Boulevard Corridor—lack sufficient public

14 infrastructure. The City is initiating development at the Innovation Center with a $16 million investment in public infrastructure improvements. This includes extending Sand Creek Road and installing public utilities from Empire Avenue westward to the immediate west side of Highway 4. While this investment is a significant incentive to attract private investment, future developers will still need to undertake internal infrastructure improvements and parkland development.

The 10-acre commercially zoned site south of John Muir Health Center faces significant financial challenges. The City is currently requiring a future developer to fund roadway improvements supporting the extension of John Muir Parkway, including the installation of public utilities. The planned extension further bifurcates the property reducing the economic development opportunity rather than align it along Concord Ave. This requirement and alignment present substantial obstacles to financing development on this site.

Lastly, the Brentwood Boulevard Corridor, which represents the former Highway 4 route, requires extensive public infrastructure upgrades from the Downtown area northward to Lone Tree Way.

Unfortunately, the loss of Redevelopment Agency funding has left the City with limited tools to enhance the roadway, install sidewalks, and upgrade public infrastructure such as storm drains, lighting, and landscaping. Additionally, the Brentwood Boulevard Specific Plan supports residential development on the majority of larger parcels that could otherwise accommodate business parks and commercial centers. Key sites include a 36-acre parcel running from O’Hara to Brentwood Boulevard, an 8-10 acre vacant parcel on the east side of the Corridor just north of the ARCO Gas Station, and another 11-acre site directly across the street.

H. Reduced Opportunities for Commercial Development on Brentwood Boulevard:

Prior to the construction of the Highway 4 Bypass, there were more opportunities for commercial development along Brentwood Boulevard, but the City did not capitalize on those opportunities. Since the bypass was completed, most national retailers prefer locations along the new Highway 4, leading to commercial developments primarily occurring along Lone Tree Way. Consequently, aside from Sciortino Ranch, remaining infill sites for commercial development in Brentwood might be more attractive to a narrower band of uses, such as fast-food restaurants due to their limited size.

I. Limited Business Park Space:

Historically, the City reserved very little land for business parks, resulting in the development of only three existing ones: Sunset Industrial Park, Sand Creek Business Park, and Harvest Commerce Center. These business parks are surrounded by residential development, which restricts the types of industries that can operate there due to zoning constraints and the need to minimize, size, use and hours due to proximity to nearby residents.

15 J. Geographical Limitations and Market Size:

Brentwood’s location at the eastern end of Highway 4 (a ‘cul-de-sac’ location) presents challenges in attracting large employers, retailers, and restaurants. The City’s population size makes it difficult to attract major employers and regional malls or retailers that require larger market sizes to be viable.

K. Economic Development Sees No Jurisdictional Boundaries:

Brentwood is considered part of the broader East Contra Costa County retail market, which spans many miles east-west along Lone Tree Way. The City of Antioch has substantial retail and office space, particularly around Slatten Ranch and west of Highway 4. While Brentwood’s western boundary ends at Lone Tree Plaza, Antioch’s boundaries extend much farther, encompassing a significant amount of commercial space. Retailers and shoppers tend to view the Lone Tree Way Corridor as a single market, rather than distinguishing between Brentwood and Antioch. This perception is further reinforced by the surplus of vacant and underutilized commercial properties in neighboring communities, especially west of Highway 4.

L. Enhanced Retail Uses:

National retailers often expand linearly from one market to the next. For instance, the Walnut Creek/Concord region is considered a high-demographic market where many retailers and restaurants first establish a presence before moving eastward to Pittsburg, Antioch, Oakley, and Brentwood, where population density and incomes tend to be lower. However, some national and independent retailers, such as Dumpling Hours, Peet’s Coffee, Trader Joe’s, and most recently, Locanda Capri Restaurant, have bypassed Pittsburg and Antioch to open restaurants in Brentwood. To identify appropriate retailers and restaurants to attract to Brentwood, the City has recently completed an Enhanced Retail Study.

M. Challenges in Office, Industrial and Technology Markets:

Across the San Francisco Bay Area, the demand for large office buildings has significantly decreased since the pandemic, resulting in double-digit vacancy rates. Cities from San Francisco to Oakland and San Jose are considering converting office buildings into residential units as their downtown areas suffer from restaurant and retail closures. Additionally, major technology companies like Tesla, Meta, Apple, and Google have laid off thousands of workers and scaled back expansion plans. Higher interest rates and other economic factors have further negatively impacted the industrial and office markets.

The companies that are expanding are mostly in the logistics and warehouse sector, leading to large warehouse developments in Oakley and Antioch near Highway 160. These facilities typically require fewer employees and increase truck traffic due to their size, which is not the type of industrial development the City of Brentwood aims to attract to the Innovation Center. Instead, Brentwood is focused on attracting industries that offer higher employment density and align with the City's long-term economic goals.

16 N. Innovation Center - Necessary Specific Plan Amendments:

Vertical mixed-use development is not financially viable in Brentwood. Economic Development staff have hosted meetings and tours with developers active in Walnut Creek, San Francisco, the Peninsula, and Los Angeles who have unanimously agreed that vertical mixed-use development is only financially viable in markets like Berkeley, San Francisco, Palo Alto, and Mountain View. Additionally, parking structures are prohibitively expensive, and Brentwood’s only existing parking structure is City-owned. The current Specific Plan calls for a vertical stacked mixed-use development on 20-25 acres. Several developers have advised staff that this model is not viable in Brentwood, nor in many other communities across the S.F. Bay Area. Downtown Walnut Creek has several mixed-use buildings near the BART station and the Pleasant Hill BART Station does where a ground floor space has remained vacant for years. These developments are approximately five or less years old and suffer from 70 plus percent vacancies. Some spaces have never been occupied, despite being located across the street from rapid transit services. If the City is to attract mixed-use developers, it will have to amend the Specific Plan to support horizontal development.

Developers have shown interest in horizontal mixed-use projects featuring single-story commercial spaces (retail, restaurants and professional offices) alongside three to four-story garden-style townhomes or apartments. However, the presence of large shopping centers like Lone Tree Plaza and Streets of Brentwood limits the potential to attract national retailers to mixed-use town center projects. Focusing on independent retailers and office spaces may be a more viable approach, but new construction costs present challenges, as many independent businesses prefer second or third generation spaces where rents tend to be lower.

The challenge will be working with mixed-use developers to design financially feasible projects that align with the City’s vision for town center development. This requires flexible zoning standards that facilitate a vibrant sense of place for businesses and residents and allows for additional permitted (versus conditionally permitted) uses.

O. Demand for Professional Office Space:

Despite challenges facing the office market throughout the Bay Area, there remains a high demand for professional office space in Brentwood. However, construction costs for new office buildings are comparable across Fremont, Walnut Creek, and Brentwood, and the local rental market does not currently support the economics needed for constructing new office buildings.

Recent property sales illustrate this trend. For example, Golden State Orthopedics purchased the former Los Medanos College site, and Bass Medical Group acquired a former Best Buy store on Lone Tree Way.

Both companies opted to acquire and renovate existing buildings rather than construct new ones. Providing incentives to encourage new office development will be crucial, especially as more medical facilities establish themselves in the Brentwood area, creating high-paying jobs that can support the growing family and senior population.

17 P. Downtown Brentwood is Fully Developed:

Downtown Brentwood has very few infill sites remaining for new construction. Moreover, some current property owners are unwilling to develop due to burdensome development standards from the Downtown Specific Plan, for example the requirement to build at least two stories.

III. Future Opportunities and Growth Prospects
Overall, the opportunities outweigh the constraints for achieving success in economic development in the City, and the future is bright. To maximize these opportunities, the City should consider pursuing the following actions:

A. Innovation Center:

Maximize the development of a horizontal mixed-use town center community that incorporates a diverse mix of technology, light industry and commercial uses. This will enable local residents to secure highpaying jobs within Brentwood, reducing the need to commute across the S.F. Bay Area. Specific developments to focus efforts on are outlined below.

B. Costco/La Quinta & Hawthorne Suites/Lazy Dog Restaurant:

The arrival of these businesses are expected to attract additional retailers and restaurants that are not currently in the market area.

C. Town Center/Mixed-Use:

Will require an amendment to the PA-1 Specific Plan to allow for horizontal mixed-use.

D. Improve Local Electric Grid Capacity:

Will require partnership with PG&E to increase power to attract employers offering high paying jobs in the following industries: clean tech, life sciences, advanced manufacturing, etc.

E. Business Park Opportunity:

There is land available on both the east and west sides of the Innovation Center to support a mix of advanced manufacturing, technology, and light industrial uses.

F. Golden State Orthopedics:

In early 2023, a Walnut Creek-based medical services company purchased the former Los Medanos College building, a 30,000 square foot property, from the City. Over the past year, the company has invested

18 millions of dollars in renovations. Once completed, the building will accommodate well over 100 medical office workers, many whom reside in Brentwood and previously commuted to Walnut Creek. This company will attract, retain, and expand high-paying jobs in Brentwood, serving as a catalyst for revitalizing the existing shopping center and increasing patronage of nearby restaurants, such as those recently opened at Sciortino Ranch.

G. Enhance Retail Recruitment Study:

The study serves as a roadmap to identify and recruit select restaurants and retailers that cater to the needs of local residents, targeting businesses from markets such as Lafayette, Danville, Walnut Creek, and San Ramon. One of the biggest challenges here is lack of available second-generation commercial space (buildings) and restaurant space, which is expensive to build out.

H. Streets of Brentwood:

Most recently, through staff’s marketing efforts and attendance at conferences such as International Council for Shopping Centers (ICSC) in Monterey, staff successfully promoted the sale of the center to a proven lifestyle shopping center developer and owner. If the purchase proceeds, the new owner plans to implement transformational changes to the Streets. Staff are already assisting with the recruitment of new retailers and restaurants to enhance the center’s appeal.

I. Balfour/Brentwood Boulevard:

A 3+ acre site will support a mix of restaurants catering to residents living in the eastern and southern areas of the City.

J. Sutter Health Medical Offices:

Staff assisted in the recruitment of a major medical facility, which plans to break ground on a 7-acre site just north of the hotel site in 2026. This approximately 70,000-square foot facility is expected to bring a few hundred employees to the area.

K. Monthly Small Business Workshops:

Staff launched a monthly virtual workshop series in partnership with experts in various fields, including financing, small business planning, bookkeeping, and more. These workshops aim to provide local entrepreneurs with free guidance and support as they establish and grow their businesses in the community.

L. Economic Development Incentive Program:

Staff are revising the City’s incentives for City Council consideration to support a mix of major developments to small businesses with grants targeting small tech firms and growing industries.

19 M. Business Retention & Expansion Program:

Staff will develop a Business Retention & Expansion Program that serves companies located in the various business parks across town. Depending on the outcome of an initial survey, staff expect to create programs to support the growth and creation of select companies.

N. Downtown Expansion:

The City Council should consider expanding opportunities for professional offices in single-family homes along Second Street to support growth of Downtown without adversely impacting the surrounding residential neighborhood. Implementing flexible zoning would facilitate this transition.

O. New Business Parks:

The City should be planning to consider annexing land immediately south and east of the current City limits to support the development of business parks to grow the tax base, diversifying land uses, and create jobs for local residents needed once the Innovation Center is built out.

P. Feasibility of Property and Business Improvement District (PBID):

Staff will conduct research to explore the formation of a PBID. If approved by property owners, the PBID will assist the DBC in becoming financially independent and capable of funding various downtown activities, including maintenance, business promotion, special events and marketing.

Q. Brentwood Chamber of Commerce Capacity Building:

Staff will continue to collaborate with the Chamber to pursue partnerships, capacity building, and support for the numerous businesses located across the City, especially in business parks which do not tend to participate in Chamber-oriented activities.

R. Economic Development Grant Program:

Staff are in the process of revamping the program to focus on funding events in the areas of art, education, recreation, culture, healthcare, and economic development.

S. Incentivize Commercial Development South of John Muir Medical Center:

Analyze the impact of new economic incentives, and road alignment adjustments to attract job-based commercial and industrial development on the 10-plus acres of undeveloped land south of John Muir Health Center.

20 Conclusion
Brentwood’s economic development efforts have positioned the City for significant growth and diversification. The opportunities for success far outweigh the constraints, and the future looks promising.

To capitalize on these opportunities, the City should focus on the key areas outlined above.

By focusing on these initiatives, Brentwood can transform its economic landscape, creating a diverse and resilient local economy that provides high-quality jobs, attracts innovative businesses, and enhances the quality of life for its residents. The City's proactive approach to economic development, combined with its strategic location and available resources, positions Brentwood for sustainable growth and success in the coming years.

CITY COUNCIL AGENDA ITEM NO. H.3
07/23/2024
SUBJECT: Planning Commission request for the City Council to consider increasing the notification radius for public hearing items from 300 feet to 1,000 feet
DEPARTMENT: Community Development
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager

TITLE/RECOMMENDATION
Provide staff direction regarding whether to proceed with amending the Brentwood Municipal Code to increase the notification radius for public hearing items.

FISCAL IMPACT
There is not expected to be any fiscal impact to the General Fund as a result of moving forward with this request, other than the cost of staff time spent. Staff time would be spent in two ways: (1) processing the amendment through the Planning Commission and City Council for ultimate adoption; and (2) time to produce additional mailings on a project-by-project basis due to the increased radius. The cost of the additional mailings would be covered by applicants through the submittal of fees in accordance with the City’s Cost Allocation Plan. City-initiated projects would have the City cover the costs of mailings.

BACKGROUND
The Brentwood Municipal Code contains provisions that specify how public notice must be given when a public hearing is required. Among other things, these provisions mandate that a public hearing notice be mailed to “the owners of all property within three hundred feet of the subject site as shown on the latest equalized assessment rolls.” (Brentwood Municipal Code Section 17.800.009(A)(2).) This matches the notice radius required by state law. In this regard, Government Code Section 65091(a)(4) provides, in pertinent part:

Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing.

CITY COUNCIL AGENDA ITEM NO. H.3
07/23/2024
In the event that more than 1,000 owners would receive the mailers, the same Government Code provision allows publication of the public hearing notice in a newspaper of general circulation instead.

At the end of the May 21, 2024 Planning Commission meeting, Vice Chairperson Sparling requested a future agenda item to discuss possible changes to the 300-foot notification requirement for public hearing items. At the June 4, 2024 Planning Commission meeting, Vice Chairperson Sparling explained the request in more detail.

After taking public comment, the Planning Commission deliberated and voted unanimously to move forward with the request. The adopted motion reads as follows:
“Request that the City Council direct staff to update Brentwood Municipal Code Section 17.800.009(A)(2) to increase the notification radius from 300 feet to 1,000 feet.”
As part of the focused Zoning Code update work plan, updates to Chapter 17.800 Administrative Procedure and Permits are anticipated in order to address updates required as part of the Housing Element Update in addition to updates required by State Legislation. These updates are anticipated to move forward in late 2024 or early 2025. If directed by City Council, staff could incorporate changes to Section

17.800.009(A)(2) to increase the notification radius from 300 feet to 1,000 feet, or another distance as directed by Council, as part of these updates in order to more efficiently utilize staff time and resources.

The Council is asked to consider the Planning Commission’s request and provide direction to staff. Possible direction could include (a) requesting staff return with additional information as to the implementation and impact of the requested change, (b) asking staff to prepare ordinance amendments to make a change to the notice radius, or (c) declining to take further action.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Not Applicable.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

CITY COUNCIL AGENDA ITEM NO. H.3
07/23/2024

ATTACHMENT(S)

1. Brentwood Municipal Code Section 17.800.009 (Public Hearing Notice)

§ 17.800.009. Public hearing notice.

Whenever the provisions of this title state that a public hearing shall be held, the public hearing notice shall be given as follows:

A. Through mailing of a public hearing notice to the following:

1. The applicant and/or property owner/s or their duly authorized agent,

2. The owners of all property within three hundred feet of the subject site as shown on the latest equalized assessment rolls,

3. Any person who has filed a written request with either the city clerk or the city council,

4. Each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be significantly affected;
B. Publication once in one newspaper of general circulation in the city; C. At the time of project submittal and before an application may be deemed complete (pursuant to the State Permit Streamlining Act) by city staff, the project applicant shall erect on-site a sign(s) that identifies their proposed project. The following standards shall be adhered to:

1. The sign shall be four feet by eight feet, unless another size is determined appropriate by the community development department director,

2. The sign(s) shall be erected adjacent to each public right-of-way street frontage that the project site abuts, but shall not create sight distance problems along the adjacent rights-of-way,

3. The actual text on the sign shall include a description of the nature of the action being considered, the appropriate City Hall phone number to call for questions on the proposed project, and be readable from the adjacent right-of-way,

4. The project applicant shall be responsible for maintaining the sign(s) in a satisfactory condition, and for adding a hearing date when that has been determined by the city,

5. The project applicant shall remove all sign(s) at the start of project construction or when project approvals have expired, whichever comes first; D. Alternative or additional notice may also be given pursuant to Section 65091 of the Government Code;
E. All mailing or publication shall be accomplished at least ten days prior to the public hearing;
F. The failure of any person to receive notice required by this section, shall not affect City of Brentwood, CA
Downloaded from https://ecode360.com/BR4906 on 2024-05-01

( Ord. 408, 1987; Ord. 665 §§ 1, 2, 2001)
the authority of the city to act on a matter before it, provided proper notice has been found to be given.

City of Brentwood, CA
§ 17.800.009 § 17.800.009
Downloaded from https://ecode360.com/BR4906 on 2024-05-01

CITY COUNCIL AGENDA ITEM NO. H.4
07/23/2024
SUBJECT: Planning Commission request to study open space protection issues following the passage of Measure Q
DEPARTMENT: Community Development
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager

TITLE/RECOMMENDATION
Provide staff direction regarding whether to proceed with studying amendments to the Brentwood Municipal Code, Right to Farm Ordinance, and Conservation and Open Space Element to provide additional open space protection following the passage of Measure Q.

FISCAL IMPACT
In addition to a significant amount of staff time spent, there is expected to be a fiscal impact to the General Fund. If the City Council directs staff to move forward with the request, the cost would depend on the scope of the request and would include the costs of assistance from outside land use consulting and legal counsel in coordination with the City Attorney’s Office.

BACKGROUND
At the end of the February 20, 2024 meeting, Commissioner Flohr requested a future agenda item regarding whether to recommend that the City Council direct staff to study open space protection issues following the passage of Measure Q, including any relevant impacts to (for example) the General Plan’s Conservation and Open Space Element and the City’s Right to Farm Ordinance (Brentwood Municipal Code Chapter

8.01).

At the April 2, 2024 Planning Commission meeting, Commissioner Flohr explained the request in more detail. After taking public comment, the Planning Commission deliberated and voted 4-1 to move forward with the request. The adopted motion reads specifically as follows:

CITY COUNCIL AGENDA ITEM NO. H.4
07/23/2024
“Request that the City Council direct staff to study amendments to the City’s Municipal Code and Right to Farm Ordinance as well as the Conservation and Open Space Elements, in order to provide additional open space protection resulting from unanticipated impacts following the passage of Measure Q.” The City Council will need to provide specific direction on how to implement this request. Based on the current volume of Community Development priority projects, if authorized, this project may not start till early 2025.

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

PREVIOUS ACTION
Not applicable.

DATE OF NOTICE
Not applicable.

ENVIRONMENTAL DETERMINATION
Not applicable.

ATTACHMENT(S)

1. Commissioner Flohr’s Open Space Protection Recommendations to City Council

Open Space Protection
recommendations to City Council
Right to Farm Amendments
Brentwood Municipal Code, Chapter 8.0.1, establishes the Right to Farm https://ecode360.com/43613594
The Right to Farm chapter was written with the intent to protect farms from nuisance complaints when a non_agricultural land use is placed into or adjacent to agricultural areas. This idea is simple. Farms should not have to shut down or alter their operations just because a new development or business is built next to them.

However, it is not clear that this only applies when the non-agricultural use is built in a currently agricultural area. With the adoption of Measure Q, the Brentwood General Plan now provides a possibility of a farm being established within the boundaries of a residential or commercial area.

The Right to Farm provisions need to be studied and amended so that the new farm would not be a nuisance to the existing residents or businesses. For example, section

8.01.110 – Agricultural Buffer Area - provides for a buffer between the agricultural and non-agricultural uses in certain circumstances. This section foresees this buffer being created in a new non-agricultural development built next to a farm, but it does not foresee such a buffer being created in a new agricultural development built next to an existing non-agricultural area that has already been developed. In this circumstance, since the farm would be new, any buffer zones would need to be allowed for in the farm, as the existing non-agricultural area was not developed with such a buffer.

Another example would be a syntactical disagreement between section 8.10.010 – Purpose and intent – that foresees potential disruptions of existing agricultural operations, and section 8.10.030 – Properly operated agricultural operation not a nuisance – that references both present and future agricultural operations. This would need to be clarified, hopefully to distinguish between agricultural operations that existed at the time of an adjacent non-agricultural development being built, and agricultural operations established adjacent to non-agricultural developments that already exist. If the non-agricultural development already exists, then it is not as reasonable to require that all farming activities be accepted, even if they create a nuisance for the nonagricultural areas that existed before the agricultural operations started.

We recommend a complete review of the Right to Farm chapter to make sure there are no ambiguities, and to ensure that existing non-agricultural operations have rights on par with agricultural operations when a new use is established alongside an established use.

Conservation and Open Space Element Actions
Open Space protections can be strengthened in the General Plan (https://www.brentwoodca.gov/home/showpublisheddocument/2900/638301044656500 000). For example, there are two COS actions mentioned in the General Plan Conservation and Open Space Element. We mention these as examples of actions that might be taken to improve Open Space protections, acknowledging that additional step can also be considered.

1. - Action COS 1b, defined on page 4-2 of the General Plan, and referenced in table 12-1: General Plan Implementation on page 12-12 of the General Plan, states:

Adopt an ordinance that specifies standards and responsibilities for the maintenance of private open space lands within the city limits. The standards should include provisions for public access, habitat management, water quality protection, safety, and aesthetics.

We currently have a significant Open Space in the Deer Ridge neighborhood that is privately owned, and the question of maintenance requirements has been raised by residents online in a private group. Implementation of this Action has not commenced.

It is estimated that total staff time needed would be 30 hours, as shown in Table 12-12.

We recommend that the City Council direct staff to implement this Action.

2. – Action COS 2c, defined on page 4-5 of the General Plan, and referenced in table 12-1: General Plan Implementation on page 12-13 of the General Plan, states:

Amend Title 17 (Zoning) of the Brentwood Municipal Code to include specific agricultural buffer requirements for residential and sensitive land uses (i.e., schools, day care facilities, and medical facilities) that are proposed near existing agricultural lands in order to protect the associated agricultural operations from encroachment by incompatible uses. Buffers shall generally be defined as a physical separation, depending on the land use, and may consist of topographic features, roadways, bike/pedestrian paths, greenbelts, water courses, or similar features. The buffer shall occur on the parcel for which a permit is sought and shall favor protection of the maximum amount of agricultural land.

As in the Right to Farm chapter of the Municipal Code, Action COS 2c envisions new non-agricultural development adjacent to an existing farm, but does not envision new

agricultural development adjacent to an existing non-agricultural development. Such an agricultural development can be considered under Measure Q, and was in fact proposed at one time for the Deer Ridge open space. It seems a sensilble requirement should be added that such buffers should be created as part of the new development, even in the case where the new development is agricultural. It is just common sense to expect to place the buffers in new development, rather than disturb an existing development. We recommend that action COS 2c be implemented by staff at the direction of City Council, and further recommend that the provisions be modified to make the requirements applicable to agricultural development in or adjacent a nonagricultural development.

3. - In section 17.730.040, Eligible land for agricultural conservation easement, Part D states:

D. The lands to be conserved are to be located in the following areas:

1. First priority will be given to the Brentwood agricultural conservation area as defined on the Brentwood general plan land use map.

2. Lands to be conserved may also be located in the following areas: the Contra Costa County agricultural core lands as defined on the Contra Costa County general plan urban limit line map.

3. Agricultural land within the city limits that possess unique agricultural, visual, historic or other important values may also be considered.

We recommend that a provision could be added for the consideration of lands under the Measure Q overlay that may be considered for agricultural use.

We further recommend that the General Plan and Municipal Code be reviewed to discover other opportunities to further protect Open Space in the City.

Conservation and Open Space chapter to be added
to the Municipal Code
We further recommend that consideration be given to creating a section in the Municipal Code that further protects Open Spaces in the City, similar to the way Right to Farm protects agriculture. This chapter could be supportive of the Conservation and Open Space Element in the General Plan, which is summed up well by the overview on page 4-1 in the General Plan.

The Municipal Code can enact enforceable ordinances that can provide a mechanism to ensure that the Policies enumerated in the Conservation and Open Space element are complied with.

Conclusion
As a body, the Planning Commission supports the City Council and the People and Businesses of Brentwood in their desire to protect our Open Spaces and preserve the Quality of Life that makes Brentwood a special place to live. It is in this spirit that we respectfully submit these recommendations for your consideration.

CITY COUNCIL AGENDA ITEM NO. H.5
07/23/2024
SUBJECT: Planning Commission request to study traffic and safety concerns in the vicinity of Grant Street, Adams Lane, Caper Drive, and Lone Oak Road
DEPARTMENT: Community Development
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager

TITLE/RECOMMENDATION
Provide staff direction regarding whether to study traffic and safety concerns in the vicinity of Grant Street, Adams Lane, Caper Drive, and Lone Oak Road, including the scope and content of what should be studied.

FISCAL IMPACT
A traffic study could cost approximately $15,000. Installed improvements would have a significant fiscal impact, depending on what is supported by the traffic study.

The amount of staff time spent would likely involve multiple departments (Engineering, Police, Public Works, and Community Development), thereby affecting other existing/future work efforts, but will only be known once the City Council provides appropriate direction.

BACKGROUND
On February 20, 2024, the Planning Commission held a public hearing to consider an amendment to a conditional use permit for the Vineyard Academy Christian School (located at 1770 Adams Lane), as well as a new pedestrian connection and driveway along Grant Street. At the end of the meeting, Vice Chairperson Sparling requested a future agenda item regarding whether to recommend that the City Council direct staff to study in more detail traffic and safety concerns in the vicinity of Grant Street, Adams Lane, Caper Drive, and Lone Oak Road, with input from residents, Vineyard Academy Christian School, the Brentwood Union School District, and staff, and to explore solutions that may alleviate resident concerns.

CITY COUNCIL AGENDA ITEM NO. H.5
07/23/2024
At the April 2, 2024 Planning Commission meeting, Vice Chairperson Sparling explained the request in more detail. After taking public comment, the Planning Commission deliberated and voted unanimously to move forward with the request.

The adopted motion reads specifically as follows:
“Request that the City Council direct staff to study in more detail traffic and safety concerns in the vicinity of Grant Street, Adams Lane, Lone Oak Road, Gracie Lane, and Caper Drive that allows community input in a collaborative way that includes all local residents, Vineyard Academy Christian School, the Brentwood Union School District, and staff, and to explore solutions that may alleviate resident concerns.

Potential traffic solutions to be explored include but are not limited to installing culde-sacs, roundabouts, one-way access, right-turn restrictions on Lone Oak Road during school hours, and any other traffic calming options.”

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

PREVIOUS ACTION
Not applicable.

DATE OF NOTICE
Not applicable.

ENVIRONMENTAL DETERMINATION
Not applicable.

ATTACHMENT(S)
Not applicable.

CITY COUNCIL AGENDA ITEM NO. J.1
07/23/2024
SUBJECT: A Request from Vice Mayor Meyer and Council Member Mendoza to discuss requiring that media outlets used by the City be held to the Society of Professional Journalists Code of Ethics DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Vice Mayor Meyer and Council Member Mendoza to discuss requiring media outlets with which the City spends money on advertising, or that distribute City press releases, be held to the Society of Professional Journalists Code of Ethics and that those organizations state publically that they follow those guidelines.

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

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

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION

CITY COUNCIL AGENDA ITEM NO. J.1
07/23/2024
Not Applicable.

ATTACHMENT(S)

1. Previous Action

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

On June 25, 2024, Council Member Mendoza requested request from the request from Vice Mayor Meyer and Council Member Mendoza to discuss requiring media outlets the City spends funding with for advertising, or which distributes press releases, to be held to the to the Society of Professional Journalist Code of Ethics and that those organizations state publically that they follow those guidelines. Vice Mayor Meyer stated she seconded the request.

CITY COUNCIL AGENDA ITEM NO. J.2
07/23/2024
SUBJECT: A request from Council Member Pierson to change the Age and Disabilities Friendly Communities Committee, and the Diversity, Equity, Belonging and Inclusion Committee, from ad-hoc to standing committees.

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

TITLE/RECOMMENDATION
That the City Council consider a request from Council Member Pierson to change the Age and Disabilities Friendly Communities Committee, and the Diversity, Equity, Belonging and Inclusion Committee, from ad-hoc to standing committees, and thus subject to the Ralph M. Brown Act.

FISCAL IMPACT
There would be fiscal impacts related to staff overtime costs related to the extra work necessary for hosting these two standing committees, if held in the evening.

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

Standing Committees are used to do ongoing work on an issue or multiple issues.

Such committees operate according to the same rules as City Council and commission meetings when it comes to the Brown Act. This means agendas are posted in advance, thereby providing meeting notice to the public, and the public is welcome to attend the meetings and comment on agenda items. Consistent with prior City Council direction, standing committee meetings could be held in the Council Chambers and broadcast via Zoom.

Should the City Council desire to transform either or both these committees to standing committees, a date and time for use of the Council Chambers should be

CITY COUNCIL AGENDA ITEM NO. J.2
07/23/2024
chosen and the desired standing schedule set. A sample month of Council Chamber usage is attached and includes regional meeting scheduling conflicts of committee members for additional consideration.

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

2. Council Chamber Calendar

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

On January 23, 2024, the City Council, by motion, approved the establishment of Age Friendly Communities Ad-Hoc Committee and the Race and Equity Ad-Hoc Committee.

On March 26, 2024, the City Council, by motion, 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 (DEBI).

On June 25, 2024, Council Member Pierson requested a future agenda item to make the Age and Disabilities Friendly Communities Committee, and the Diversity, Equity, Belonging and Inclusion Committee, standing committees.

Sample Month Council Chamber Usage/ Regional Off-Site Meetings Sunday Monday Tuesday Wednesday Thursday Friday Saturday Ag Enterprise Committee(Mar/Jun/Sep/Dec) @ 5:00 PMPolice Action League(1st Mon) @ 6:00 PM Planning Commission(1st and 3rd Tue) @ 7:00 PM
Youth Commission(1st Wed) @ 7:00 PM
Mayor’s Conference(1st Thur) @ 6:30 PM(Not in Chambers) City Council(2nd and 4th Tue) @ 7:00 PM
Municipal Code ReviewCommittee(2nd Wed in Jan/Jul)
Land Use & DevelopmentCommittee(3rd Mon or 4th Mon if holiday)@ 5:30 PM Planning Commission(1st and 3rd Tue) @ 7:00 PM
Arts Commission(3rd Wed) @ 7:00 PM
Airport Land UseCommission(3rd Thur) @ 7:00 PM(Not in Chambers) City Council(2nd and 4th Tue)7:00 PM
CCTA Board(3rd Wed) 6:00 PMNot ChambersTri Delta Transit(4th Wed) 4:00 PM(Not in Chambers) Park & RecreationCommission(4th Thur) @ 7:00 PM
Not including new ad‐hoc committees formed: FY 2023/24 ‐ 2025/26 Budget Review Committee, Diversity, Equity, Belonging and Inclusion Committee, and Age and Disabilities Friendly Communities; and some regional meetings not known, etc.