Agenda packet, second session — Brentwood City Council, December 10, 2024 (part 1 of 7)

DECEMBER 10, 2024, 7:00 PM

CITY COUNCIL/SUCCESSOR AGENCY AGENDA
CITY COUNCIL CHAMBERS, 150 CITY PARK WAY
TELECONFERENCE LOCATION: H4 HOTEL
STUBENGASSE 33
48143 MUNSTER, GERMANY
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* City Council Members will be participating from the Council Chamber. Members of the public are invited to attend and participate at: the Council Chambers, 150 City Park Way, Brentwood CA As a courtesy and technology permitting, members of the public may provide remote public comment during public hearings and on business items via the City’s Zoom Platform. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue. In addition, the Zoom participation option is provided to the public as a courtesy in order to facilitate participation. If Zoom participation is not enabled, the meeting will continue with public attendance in person only. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.

Council Member Elect Maloney will be participating remotely from a teleconference location at H4 Hotel, Stubengasse 33, 48143 Münster, Germany. The remaining City Council Members will be participating from the Council Chamber.

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

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

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

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

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

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

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

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

APRIL 23, 2024
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4. TO WATCH OR LISTEN ONLY:
a. The public may view the meeting via one-way video feed by selecting the video option at the City Council Agendas’ link on the City webpage at www.brentwoodca.gov or via the City’s YouTube Channel: https://www.youtube.com/c/cityofbrentwoodca

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

AMENDED TO INCLUDE TELECONFERENCE LOCATION:

H4 HOTEL
STUBENGASSE 33
48143 MUNSTER, GERMANY

December 10, 2024, 7:00 p.m.

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

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

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

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

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

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

F.1 Proclamation Proclaiming January 11, 2025, as National Slavery/Human Trafficking Prevention Day
F.2 Second Reading of a Zoning Text Amendment (RZ24-005) to the Brentwood Municipal Code to update regulations related to carwashes, short-term rentals, and alternative fuel stations
Title/Recommendation
Waive the second reading of and adopt Ordinance No. 1078 and 1079, approving an amendment (Rezone No. 24-005) to the Brentwood Municipal Code including the following:

1. Ordinance 1078, approving amendments to the Brentwood Municipal Code to prohibit new carwashes; allow for the operation of Alternative Fuel Stations in all zones where service stations/gas stations are currently allowed; and add a new land use classification in Section 17.030.030 (Definitions) for Alternative Fuel Station.

2. Ordinance 1079, approving an amendment to Brentwood Municipal Code Chapter

17.796 (Short-Term Rentals) to more clearly define and prohibit short-term rentals.

The proposed text amendments are exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that the proposed ordinances would restrict future land uses and development and would not facilitate new construction or other groundbreaking activities. There is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment.

F.3 Sale of City-Owned Property Located at 498 Fairview Avenue Title/Recommendation
Adopt a resolution approving and authorizing the City Manager, or designee, to execute an Agreement for Purchase and Sale of real property with Robert J. Freitas II, or related entity, in substantial conformance with the attached agreement, for City-owned property located at 498 Fairview Avenue (APN 012-020-003), and authorizing execution of other documents as necessary to complete the transaction.

F.4 Accept the Orchard Trails, Subdivision No. 9523, in-tract public improvements for maintenance; accepting the Maintenance Bond; releasing the Improvement Securities; and requesting that the City Clerk file this Resolution with the County Title/Recommendation
Adopt a Resolution accepting the in-tract public improvements for Orchard Trails for maintenance; accepting the Maintenance Bond; releasing the Improvement Securities and requesting that the City Clerk file this Resolution with the Recorder of Contra Costa County for these improvements, constructed as a part of Orchard Trails, 9253, located west of Walnut Boulevard, north of the ECCID main canal, and south of Continente Avenue.

F.5 Informational Report on Final Map of Subdivision No. 9574, Hanson Lane, developed by Meritage Homes, Inc.

Title/Recommendation
Receive and file an Informational Report on Final Map approval by the City Manager of Subdivision No. 9574, Hanson Lane, developed by Meritage Homes, Inc., located at 251 Hanson Lane (018-231-034).

F.6 Accept the work performed by and file a Notice of Completion for Ghilotti Bros., Inc. for Lone Tree Way Roadway Improvements Phase I, CIP Project No. 336-31701 Title/Recommendation
Adopt a Resolution accepting the work performed by Ghilotti Bros., Inc (“Contractor”) for the Lone Tree Way Roadway Improvements Phase I CIP Project No. 336-31701, (“Project”); and requesting the City Clerk to file a Notice of Completion with the County Recorder.

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F.7 Notice of Completion for work performed by Landscape Structures, Inc. for the Homecoming Park Playground Replacement Project, CIP Project No. 352-52447 Title/Recommendation
Adopt a Resolution accepting the work performed by Landscape Structures, Inc. for the Homecoming Park Playground Replacement Project, CIP Project No. 352-52447, and File a Notice of Completion with the County Recorder.

F.8 Approve Amendment No. 2 to the Agreement for Park Restroom Cleaning and Trash Receptacle Maintenance Services with Terracare Associates for a two-year term through December 31, 2026
Title/Recommendation
Adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. 2 to the Agreement for Park Restroom and Trash Receptacle Maintenance Services with Terracare Associates for a two-year term from January 1, 2025 – December 31, 2026 in the amount of $491,065.56, plus funding authorization for a 5% contingency of $24,553.28, and authorize the City Manager or designee to approve necessary documents for the base bid, extra work, and extensions as appropriate.

F.9 Purchase one new replacement valve turning truck, and authorize the City Manager or designee to execute any necessary documents in a total amount not to exceed $249,720 Title/Recommendation
Adopt a Resolution approving the purchase of one new replacement E.H. Wachs valve turning truck for the Water Operations Division from Rush Truck Center in San Diego, CA; and authorizing the City Manager or designee to execute any necessary documents in an amount not to exceed $249,720.

F.10 Purchase a Fleet Management software system, authorize City Manager or designee to execute an agreement and any necessary documents in a total amount not to exceed $116,330 and amend the 2024/25 Fleet Maintenance Services Fund Operating Budget by $21,330
Title/Recommendation
Adopt a Resolution approving the purchase and installation of a Fleet Management software system for the Public Works Fleet Maintenance Division from TT Faster LLC, dba FASTER Asset Solutions in Virginia Beach, VA; authorizing the City Manager or designee to execute an agreement and any necessary documents for Fleet Management Information Solution Services in an amount not to exceed $116,330; and amending the 2024/25 Fleet Maintenance Services Fund Operating Budget by $21,330.

F.11 2023/24 Development Impact Fee Report
Title/Recommendation
The Development Impact Fee Report ensures compliance with California Government Code Section 66006(b) and 66001(d), which requires an annual report providing specific information about those fees be prepared and made available to the public. Staff recommends that the City Council receive and file the 2023/24 Development Impact Fee Report.

F.12 Combined Community Facility Facilities District (CFD) Annual Report for Special Taxes Levied for Fiscal Year 2023/24
Title/Recommendation
The Combined Community Facilities District (CFD) Annual Report for Special Taxes Levied ensures compliance with Government Code §50075.3, which requires an annual report be filed with the Legislative body for voter approved special taxes. Staff recommends that the City Council receive and file the Combined Community Facilities District (CFD) Annual Report for Special Taxes Levied for Fiscal Year 2023/24.

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F.13 Supplement to the Annual Report on the Low and Moderate Income Housing Fund for Fiscal Year 2023/24
Title/Recommendation
The Supplement to the Annual Report on the Low and Moderate Income Housing Fund ensures compliance with Senate Bill 341 (SB 341) requirements for Housing Successors and will be submitted to the Department of Housing and Community Development (HCD) as an addendum to the Annual Progress Report that will be prepared in Spring 2025. Staff recommends that the City Council receive and file the Supplement to the Annual Report on the Low and Moderate Income Housing Fund for Fiscal Year 2023/24.

F.14 City Council Meeting Minutes
G. PRESENTATIONS
G.1 Recognition of Mayor Bryant for his service on the Brentwood City Council H. PUBLIC HEARINGS
Persons addressing the City Council using Zoom are asked to raise their hands using the Zoom feature. Those attending in person and wishing to address the Council may do so from the podium. The Council may adopt reasonable regulations at the onset of the public hearing to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the public hearing shall follow the protocol for Public Comments.

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H.1 An application for Bridle Gate, including a Revised Environmental Impact Report, Vesting Tentative Subdivision Map, and Design Review
Title/Recommendation
The City Council has two options:

Deny the appeal, upholding the Planning Commission’s action to deny the project, by adopting a resolution based upon direction and proposed findings provided by the City Council; or

1. Approve the appeal, reversing the Planning Commission’s action to deny the project. Three resolutions are included in the packet that would approve the alternate version of the project proposed by the Applicant by: (1) certifying the Revised EIR (REIR) and making CEQA findings, (2) approving the Vesting Tentative Subdivision Map (VTSM 9586), and (3) approving the Design Review (DR 21-010). In the alternative, if the Council so desired, it could choose to approve the project as originally proposed at the August 27, 2024 Council meeting.

2. The proposed project includes two maps for the City Council’s consideration, the Vesting Tentative Subdivision Map (VTSM) originally submitted with this application (“Proposed VTSM”), and an alternate version of the VTSM submitted by the applicant on September 9, 2024 to address the concerns noted at the public hearing on August 27, 2024 (“Alternate VTSM”):

The Proposed VTSM includes the development of 272 single-family detached residences, two parks, open space, stormwater detention and treatment areas, utility connections, and construction of an internal roadway network on approximately 92.96 acres. As noted in the applicant’s December 3, 2024 email to the City Council (Attachment 17), the applicant has not withdrawn the Proposed VTSM.
•
The Alternate VTSM includes the development of 269 single-family detached residences, as well as associated improvements within the project site, including one park, open space, stormwater detention and treatment areas, utility connections, and construction of an internal roadway network on approximately

92.96 acres.
•
The 36.82 acres of land located north of Sand Creek Road are on a separate legal parcel shown as a designated remainder on both VTSMs and is therefore not proposed to be developed as part of this application. The project site is bounded by Sand Creek Road to the north, State Route (SR) 4 to the east, a single-family residential development (Brentwood Hills) to the south, and the edge of the Brentwood Planning Area and the City of Antioch’s city limits to the west (APNs: 019-082-009 and 019-082-010).

The City prepared a Revised Environmental Impact Report (REIR) for the Proposed VTSM 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 proposed to reduce those impacts to less-than-significant levels. The Alternate VTSM revisions do not modify this analysis.

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

I.1 Independent Auditors’ Reports and Annual Comprehensive Financial Report for Fiscal Year 2023/24; and Report on the Financial Awards received by the City Title/Recommendation
Independent Auditors’ Reports and Annual Comprehensive Financial Report for Fiscal Year 2023/24; and Report on the Financial Awards received by the City.

Staff recommends the City Council receive the Independent Auditors’ Reports and Annual Comprehensive Financial Report for Fiscal Year 2023/24 and the report on the Financial Awards received by the City.

I.2 Receive update and provide direction on implementation of the Solid Waste Organics Diversion project
Title/Recommendation
Receive update and provide direction on implementation of the Solid Waste Organics Diversion project, Capital Improvement Program (CIP) Project No. 542-54021.

I.3 Approve a successor Memorandum of Understanding between the City of Brentwood and the Brentwood Police Lieutenants’ Group for the period of July 1, 2024 - June 30, 2027; and Adopt Appropriations Amendments to the 2024/25 – 2025/26 Operating Budget Title/Recommendation
Adopt a Resolution: 1) Approving and Authorizing the City Manager to execute a successor Memorandum of Understanding (MOU) between the City of Brentwood and the Brentwood Police Lieutenants’ Group for the period of July 1, 2024 through June 30, 2027; 2) Approving the Pay Schedule in accordance with the California Code of Regulations, Title 2, Section 570.5 and Authorizing the Director of Human Resources/Risk Manager to make ministerial revisions to the Pay Schedule to reflect the changes; and 3) Adopting Appropriations Amendments to the 2024/25 – 2025/26 Operating Budget.

The proposed actions will ensure there is a current agreement between the City of Brentwood and Brentwood Police Lieutenants’ Group regarding wages, hours, and other terms and conditions of employment.

I.4 A Resolution reciting the facts of the General Municipal Election held on November 5, 2024, declaring the results, and taking such other actions regarding the election as provided by law
Title/Recommendation
Following each General Municipal Election, and following the certification of election results by the Contra Costa County elections division, the California Elections Code requires the City Council to adopt a Resolution declaring the results.

Adopt a Resolution reciting the facts of the General Municipal Election held on November 5, 2024, declaring the results, and taking such other actions regarding the election as required by law.

J. ADJOURNMENT - ADJOURN THE 2022/2024 CITY COUNCIL/SUCCESSOR AGENCY/BRENTWOOD

INFRASTRUCTURE FINANCING AUTHORITY SINE DIE
K. OATH OF OFFICE - INSTALLATION OF NEWLY ELECTED COUNCIL MEMBERS L. CONVENE THE 2024/2026 CITY COUNCIL
M. BUSINESS ITEMS

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M.1 Election of a member of the City Council to serve as Vice Mayor for a term of two years Title/Recommendation
By motion, elect a member of the City Council to serve as Vice Mayor for a term of two years.

N. REQUESTED FUTURE AGENDA ITEM(S)
N.1 A request from Council Member Pierson and Council Member Oerlemans requesting the City Council consider funding a Youth Midnight Basketball League and assist with a location
Title/Recommendation
That the City Council consider and discuss the request from Council Members Pierson and Oerlemans requesting consideration of funding and providing assistance in obtaining a location for a Youth Midnight Basketball League for ages 12 – 25.

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

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

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

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

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

POSTING STATEMENT
On December 5, 2024, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov
A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov

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PROCLAMATION
WHEREAS, modern slavery and human trafficking remain among the gravest human rights violations in the world today, affecting millions of men, women, and children globally, often in secret and under horrific conditions; and WHEREAS, human trafficking is a complex, pervasive issue that impacts every community, transcending borders, races, and socioeconomic backgrounds, and demands collective action to eliminate it; and
WHEREAS, many organizations, law enforcement agencies, advocates, survivors, and communities continue to work tirelessly to prevent human trafficking, provide critical services for survivors, and raise awareness about this urgent issue; and
WHEREAS, we must continue to strengthen laws, support victims and survivors, and invest in prevention efforts to combat the root causes of human trafficking, including poverty, inequality, and lack of education; and WHEREAS, we recognize that eradicating human trafficking requires the united effort of individuals, organizations, governments, and communities to create a world where freedom, justice, and dignity are universally upheld.

NOW THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood does hereby recognize January 11, 2025 as

NATIONAL SLAVERY/HUMAN TRAFFICKING PREVENTION DAY

and encourages all residents to join in the fight against human trafficking by raising awareness, supporting survivors, and taking action to prevent this grave injustice. Let us work together toward a world where slavery is eradicated and human rights are upheld for all.

Dated this 10th day of December, 2024

Joel R. Bryant, Mayor

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CITY COUNCIL AGENDA ITEM NO. F.2
12/10/2024
SUBJECT: Second Reading of a Zoning Text Amendment (RZ24-005) to the Brentwood Municipal Code to update regulations related to carwashes, short-term rentals, and alternative fuel stations.

DEPARTMENT: Community Development Department
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager
Jennifer Hagen, Senior Planner

TITLE/RECOMMENDATION
Waive the second reading of and adopt Ordinance No. 1078 and 1079, approving an amendment (Rezone No. 24-005) to the Brentwood Municipal Code including the following:

2. Ordinance 1079, approving an amendment to Brentwood Municipal Code Chapter

17.796 (Short-Term Rentals) to more clearly define and prohibit short-term rentals.

FISCAL IMPACT
Adoption of the ordinances will not result in a fiscal impact, as staff will continue to process appropriate planning applications through designated review processes, which include the collection of fees for the cost of these processes, in accordance with the City’s Cost Allocation Plan.

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CITY COUNCIL AGENDA ITEM NO. F.2
12/10/2024

BACKGROUND
On January 24, 2023, the City Council provided direction to staff on reinitiating the City’s Zoning Code Update, including a focused and phased approach, rather than the comprehensive update that was initiated in the summer of 2020. On May 23, 2023, the project scope and budget were finalized when the City Council approved a Professional Services Agreement with De Novo Planning Group to prepare and complete the Focused Zoning Code Update and Objective Design Standards. The work plan approved by the City Council includes three main tasks to complete:

Task 1: Objective Design Standards;
Task 2: Zoning Code Updates required by State Law and the Housing Element; Task 3: Focused Zoning Code updates.

This agenda item is related to Task 3: Focused Zoning Code updates. This task includes amendments to various sections of the Zoning Code to better reflect the community's values based on feedback from the community and City Council, including changes to some permitted and conditionally permitted uses throughout the city.

On November 14, 2023, the City Council provided direction to staff on the following uses to be considered as part of the Focused Zoning Code Update efforts and also directed staff to present the Land Use and Development Committee (LUD) with an initial framework for each of the topics prior to moving forward with comprehensive and formal amendments:

1. Automobile service stations/gas stations

2. Carwashes

3. Alcohol sales

4. Self-storage facilities

5. Short-term rentals (STRs)

6. Drive-through uses
On June 17th and July 15th, LUD was presented with and provided direction on the six topics. Staff received clear recommendations from LUD on three of the topic areas, including automobile service stations/gas stations, carwashes, and short-term rentals (STR), which are now being presented to the City Council for adoption. Staff prepared individual reports for LUD on each of the topics and has included those three reports in Attachment 3 for the City Council’s reference.

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CITY COUNCIL AGENDA ITEM NO. F.2
12/10/2024

PLANNING COMMISSION ACTION
The Planning Commission considered this item at a public hearing at its regular meeting of October 15, 2024, and was ultimately supportive of the requested text amendments. The Planning Commission expressed concerns related to enforcement of STRs, however, unanimously adopted Resolution No. 24-041, recommending that the City Council approve the amendments (RZ 24-005), prohibit new automobile service stations/gas stations and carwashes and instead allow for the operation of Alternative Fuel Stations in all zones where currently allowed; add new land use classifications in Section 17.030.030 (Definitions) for Alternative Fuel Station and; and update Chapter 17.796 (Short-Term Rentals) to more clearly define short-term rentals.

CITY COUNCIL MEETING OF NOVEMBER 12, 2024
On November 12, 2024, the City Council considered the proposed amendments to the Brentwood Municipal Code. After deliberation, the City Council was in support of the majority of the proposed amendments; however, the Council did not support a complete ban on future service stations/gas stations at this time. The City Council requested that staff return with further revisions related to service stations/gas stations that would instead limit the overall number of stations in the City. The City Council was in support of the remaining items, and voted 5-0 to introduce and waive the first reading of the proposed ordinance for RZ24-005 to prohibit new carwashes, allow for the operation of Alternative Fuel Stations in all zones where service stations/gas stations are currently allowed, and add new land use classification for Alternative Fuel Station. The revised Ordinance related to carwashes and alternative fuel stations is included within Attachment 2, and the final Ordinance related to STRs is included within Attachment 3.

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

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

DATE OF NOTICE
The City of Brentwood published a public hearing notice in the Brentwood Press on November 1, 2024, for the November 12, 2024 public hearing held on the ordinance.

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CITY COUNCIL AGENDA ITEM NO. F.2
12/10/2024

ENVIRONMENTAL DETERMINATION
The proposed text amendments are exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that the proposed ordinances would restrict future land uses and development and would not facilitate new construction or other groundbreaking activities. There is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment.

ATTACHMENT(S)

1. Previous Actions

2. Ordinance 1078 – Carwashes

3. Ordinance 1079 – Short-term Rentals

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Attachment 1

PREVIOUS ACTIONS
Previous City Council actions related to this agenda item 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 November 16 and 17, 2017, the City Council held workshops to discuss, deliberate, and direct staff on priorities and the allocation of financial resources for the development of a Strategic Plan initiative. The City Council directed staff to initiate a comprehensive zoning ordinance update.

On February 27, 2018, the City Council adopted Resolution No. 2018-21 to approve the FY 2018/19 and FY 2019/20 City of Brentwood Strategic Plan, including Strategic Initiative 4.1.c, preparation of a comprehensive zoning ordinance update which has been continued over the past few years into the current Strategic Plan FY 2022/23 – FY 2023/24 (Focus Area 4: Land Use Planning, Goal 1: Implement Zoning Ordinance update).

On June 9, 2020, by Resolution No. 2020-73, the City Council adopted the City’s 2020/21 – 2024/25 Capital Improvement Program (“CIP”), which includes the Zoning Ordinance Update, CIP Project No. 337-37228.

On January 24, 2023, the City Council provided direction to staff on reinitiating the City’s Zoning Code Update, including a new focused and phased approach that is scaled down in size and focused into specific tasks.

On May 23, 2023, the City Council approved a Professional Services Agreement with De Novo Planning Group to prepare and complete the Focused Zoning Ordinance Update and Objective Design Standards.

On November 14, 2023, the City Council provided direction to staff on including updated regulations pertaining to automobile service stations/gas stations, carwashes, alcohol sales, self-storage facilities, short-term rentals, and drive-through uses as part of the Focused Zoning Code Update efforts and directed staff to present the Land Use and Development Committee (LUD) with an initial framework for each of the topics prior to moving forward with comprehensive and formal amendments.

On November 12, 2024, following a public hearing, the City Council voted to waive the first reading of and introduce Ordinances No. 1078 and 1079 to amend the Brentwood Municipal Code to update regulations related to carwashes, short-term rentals, and alternative fuel stations.

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ORDINANCE NO. 1078

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING A ZONING TEXT AMENDMENT TO THE
BRENTWOOD MUNICIPAL CODE (RZ 24-005), WHICH WOULD

PROHIBIT NEW CAR WASHES, AND EXPAND PERMISSION FOR

ALTERNATIVE FUEL STATIONS
WHEREAS, City staff prepared a zoning text amendment that would to prohibit new carwashes and expand permissions to allow the operation of Alternative Fuel Stations in all zones where automobile service stations/gas stations are currently allowed, and add a new land use classification in Brentwood Municipal Code Section

17.030.030 (Definitions) for Alternative Fuel Station (the “Ordinance”); and WHEREAS, the Ordinance would amend Title 17 (Zoning) of the Brentwood Municipal Code, and the Planning Commission is charged with reviewing amendments to said title prior to their consideration by the City Council; and WHEREAS, Brentwood has experienced rapid population growth over the past few decades, and in conjunction, the pace of development has been one of the highest in Contra Costa County; and
WHEREAS, Brentwood is transitioning from a city with vast areas of open land to one relying on infill development and redevelopment of existing areas and there are few vacant commercial sites to locate any new types of businesses, including car washes; and
WHEREAS, car washes may not be the highest and best use of the limited available commercial land, especially where such uses may be incompatible with nearby residentially zoned properties; and
WHEREAS, expanding the availability of alternative fuel stations will allow the City of Brentwood to transition away from the use of pure fossil fuels as an energy source for vehicles to lower emission and zero emission alternatives, which will have positive impacts on community health, public safety, and the local and regional environment while aligning with State goals for sustainability; and WHEREAS, on October 4, 2024, the City gave public notice of a Planning Commission public hearing to be held to consider this Ordinance by advertisement in the Brentwood Press, a newspaper of general circulation; and WHEREAS, on October 15, 2024, the Planning Commission held a duly-noticed public hearing to consider the staff report, recommendation by staff, and public testimony concerning this Ordinance. Following the public hearing, the Planning Commission approved Resolution No. 24-041 and voted to recommend that the City Council adopt the proposed Ordinance by a vote of 5-0; and

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Attachment 2

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WHEREAS, the City published a notice of public hearing in the Brentwood Press on November 1, 2024, in accordance with City policies and Government Code Section 65090; and
WHEREAS, on November 12, 2024, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration by the City’s Planning Commission; and WHEREAS, this amendment is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW, THEREFORE, the City Council of the City of Brentwood does ordain as follows:

SECTION 1. Recitals. The above recitals are incorporated into this Ordinance as though fully set forth herein.

SECTION 2. CEQA. Pursuant to California Environmental Quality Act (“CEQA”) Section 15061(b)(3) of the CEQA Guidelines, this project is exempt in that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment, as the proposed Ordinance would restrict future land uses and development and would not facilitate new construction or other groundbreaking activities. There is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment.

SECTION 3. Rezoning. Brentwood Municipal Code Section 17.870.008 provides:

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

The zoning text amendments set forth in Exhibit A are consistent with the General Plan because General Plan Land Use Policy LU 3-1 aims to ensure that an adequate inventory of vacant industrial, commercial, office, and business park land is designated, zoned, and maintained for targeted employment-generating uses. The

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Attachment 2

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Ordinance’s amendments prohibiting additional car washes will help to preserve remaining commercial land in the city for uses with greater employment generating potential. The City Council finds that the Ordinance is appropriate and is not contrary to the public interest in that it will help preserve commercial land for the highest and best use and protect the city’s residential neighborhoods.

SECTION 4. Amendment. Specified sections, or portions of sections, of Title 17 of the Brentwood Municipal Code are hereby amended to prohibit the development of new car washes, as provided in Exhibit “A”, attached hereto and incorporated herein. Revisions to existing sections are reflected in strikethrough for deletions and underline for additions.

SECTION 5. Effective Date; Publication Date. This ordinance shall be published in accordance with Government Code Section 36933. This ordinance shall take effect 30 days after its adoption. The City Clerk is directed to cause the Municipal Code text to be entered in the Brentwood Municipal Code of the City of Brentwood to be modified accordingly.

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Attachment 2

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THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the City Council of the City of Brentwood on the 12th day of November 2024 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

THE FOREGOING ORDINANCE was adopted with the second reading waived at a regular meeting of the City Council of the City of Brentwood on the 10th day of December 2024 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED
Joel R. Bryant
Mayor
ATTEST:

Amanda McVey
City Clerk

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Attachment 2

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EXHIBIT “A”
SECTION 1. Brentwood Municipal Code Section 17.030.030 (‘Definitions’) is modified to add the following:
“Alternative fuel station” means any establishment that dispenses alternative fuel as defined by the Energy Policy Act of 2005, including methanol, denatured ethanol, and other alcohols; mixtures containing 85% or more by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquefied petroleum gas; hydrogen; coal-derived liquid fuels; non-alcohol fuels (such as biodiesel) derived from biological material; and electricity.

SECTION 2. Subsection A of Brentwood Municipal Code Section 17.250.003 (‘Conditionally permitted uses’) is modified as follows:

The following uses are permitted only on the granting of a conditional use permit pursuant to Chapter 17.830:

A. Auto service station, nonmechanical carwash, alternative fuel station, restaurant or café restricted to sit-down facility only, on-sale or off-sale liquor establishments;
SECTION 3. Subsection A of Brentwood Municipal Code Section 17.260.003 (‘Conditionally permitted uses’) is modified as follows:

The following uses are permitted only on the granting of a conditional use permit pursuant to Chapter 17.830:

A. Auto service station, alternative fuel station, tire shop, repair shop, machine shop, auto seat and upholstery shop; billiard hall; bowling alleys; cardroom gaming; dancehall; laboratory—medical, dental, optical; meeting room— lodge, fraternal hall, community facility; medical or dental office; hospital; restaurant or café, on or off-sale liquor establishments; recreation services such as bowling alley, skating rink and similar uses;
SECTION 4. Subsection A of Brentwood Municipal Code Section 17.270.003 (‘Conditionally permitted uses’) is modified as follows:

The following uses are permitted only on the granting of a conditional use permit pursuant to Chapter 17.830:

A. Auto service station, alternative fuel station, auto tire shop, auto repair including engine, transmission, brakes, etc., auto body repair and painting, carwash,laundry or dry cleaning plant, bakery—wholesale; all on-sale and offsale liquor facilities; billiard hall; card or gaming room, adult entertainment;

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Attachment 2

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dancehall; new and used equipment rental; meeting room—lodge, fraternal hall, community facility; hospital; truck and trailer rental, campground or recreation vehicle park, vocational or trade school;
SECTION 5. Brentwood Municipal Code Section 17.450.004 (‘Conditionally permitted uses’) is modified as follows:

Any use not listed as a permitted use or listed as conditionally permitted in the specific planned development zone may be permitted subject to approval of a conditional use permit pursuant to Chapter 17.830, except for carwashes.

SECTION 6. That portion of Brentwood Municipal Code Section 17.456.002 (‘Permitted uses and conditionally permitted uses’) shown below is modified as follows:
…
PD-6—PERMITTED USES AND CONDITIONALLY PERMITTED USES
Uses LDR MDR HDR
Park/O.S./
Public
Facility
Regional
Commercial
P.A. 1 Office
Commercial
P.A. 7 Office
Commercial
Accessory
Uses

P P P P P C C
Alternative
Fuel
Station
--- --- --- --- C1 P --- ---
Arcades,
Game
--- --- --- C C C C
Auto
Service
Station
--- --- --- --- C1 P --- ---
Bakeries --- --- --- --- P P C
Bar,
Tavern,
Cocktail
Lounge
--- --- --- --- P P ---
Barber and
Beauty
Salon
--- --- C --- P P P
Book
Stores
--- --- --- --- P P P
Camera
Stores
--- --- --- --- P P P

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Attachment 2

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PD-6—PERMITTED USES AND CONDITIONALLY PERMITTED USES
Uses LDR MDR HDR
Park/O.S./
Public
Facility
Regional
Commercial
P.A. 1 Office
Commercial
P.A. 7 Office
Commercial
Car Wash --- --- --- --- ---C ---C ---
Notes:
1 Stand-alone auto and alternative fueling and auto service stations are conditionally permitted; auto and alternative fueling stations that are accessory uses to an anchor retailer as the principal use are permitted.

SECTION 7. Subsection A(1) of Brentwood Municipal Code Section

17.462.003 (‘Conditionally permitted uses’) is modified as follows:

The following uses are conditionally permitted only on the granting of a conditional use permit pursuant to Chapter 17.830:

A. Subarea A. The following uses shall be conditionally permitted within this subarea:

1. Auto service station, alternative fuel station, auto repair (tires, brakes, etc. but excluding auto body), car wash, auto rental and leasing agency, all on and off-sale liquor facilities, card and gaming room, dance hall, bowling alleys and similar commercial recreational uses, restaurants, new and used equipment rental, hospital, truck and trailer rental, vocational or trade school;
SECTION 8. Subsection C(5) of Brentwood Municipal Code Section

17.466.003 (‘Conditionally permitted uses’) is modified as follows:

Upon obtaining a conditional use permit pursuant to Chapter 17.830, the following uses are permitted in the PD-16 zone:
…
C. Subarea A. The following uses shall be conditionally permitted within this subarea:
…

5. Gas station, alternative fuel station /mini-mart, without service bays:
this use must integrate with other site circulation and design. Additional access points on Walnut Boulevard and Balfour Road are not allowed (see the development plan and related exhibits). Automotive, boat, recreational vehicle or similar sales and/or service are specifically prohibited;
SECTION 9. Subsections B(1) and B(2) of Brentwood Municipal Code Section

17.470.003 (‘Conditionally permitted uses’) are modified as follows:

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Attachment 2

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The following uses are permitted only on the granting of a conditional use permit pursuant to Chapter 17.830.
…
B. General Commercial.

1. Auto service station, alternative fuel station, tire shop, repair shop, machine shop, auto seat and upholstery shop; billiard hall; bowling alleys; card room gaming; dance hall; laboratory-medical, dental, optical; meeting room-lodge fraternal hall, community facility; medical or dental office; hospital; restaurant or café, on or off-sale liquor establishments; recreation services such as bowling alley, skating rink and similar uses;

2. All drive-in, drive-thru establishments, building materials, garden supply, outdoor sales or display, automated car wash;
SECTION 10. Subsection B of Brentwood Municipal Code Section 17.484.003 (‘Conditionally permitted uses’) is modified as follows:

Upon obtaining a conditional use permit pursuant to Chapter 17.830, the following uses are permitted in the PD-34 zone:
…
B. Auto service station, alternative fuel station, tire shop, auto seat and upholstery shops; laboratories for medical, dental, optical uses; meeting room/fraternal hall, neighborhood community center;
SECTION 11. Subsection C(2) of Brentwood Municipal Code Section

17.485.003 (‘Conditionally permitted uses’) is modified as follows:

The following uses are conditionally permitted in the PD-35 zone:
…
C. The following uses are conditionally permitted in subarea B:
…

2. Fuel sale facilities, alternative fuel stations, convenience stores, automated car washes, meeting rooms/fraternal halls, and neighborhood community centers;
SECTION 12. Subsection B of Brentwood Municipal Code Section 17.488.003 (‘Conditionally permitted uses in subarea A’) is modified as follows:

The following uses are permitted in subarea A of PD-38 subject to securing a conditional use permit pursuant to Chapter 17.830:

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Attachment 2

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…
B. Drive-in and drive-through establishments, including alternative fuel stations and gas stations, but excluding all prohibited uses;
SECTION 13. Subsection G of Brentwood Municipal Code Section 17.488.013 (‘Conditionally permitted uses within subarea F’) is modified as follows:
…
G. Gas stations and alternative fuel stations;
SECTION 14. Subsection C(4) of Brentwood Municipal Code Section

17.491.002 (‘Permitted uses’) is modified as follows:
…
C. Subarea C. The following uses shall be permitted within this subarea:
…

4. Car washes;
SECTION 15. Subsection A(2) of Brentwood Municipal Code Section

17.491.003 (‘Conditionally permitted uses’) is modified as follows:

A. Subarea A. The following uses shall be conditionally permitted within this subarea:
…

2. Auto service stations or gas stations; alternative fuel stations; SECTION 16. Subsection C(5) of Brentwood Municipal Code Section

17.492.003 (‘Conditionally permitted uses’) is modified as follows:

Upon obtaining a conditional use permit pursuant to Chapter 17.830, the following uses are permitted in the PD-42 zone:
…
C. Subarea C. The following uses shall be conditionally permitted within this subarea:
…

5. Gasoline service stations and/or car washes; and alternative fuel stations;
SECTION 17. Subsection C of Brentwood Municipal Code Section 17.499.002 (‘Permitted and conditionally permitted uses in subarea A’) is modified as follows:
…

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Attachment 2

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The following uses are permitted within subarea A subject to approval of a conditional use permit:
…
C. Auto service station, car wash, and alternative fuel stations; tire shop, new or used car sales, vehicular repair;
SECTION 18. Subsection C of Brentwood Municipal Code Section 17.499.004 (‘Permitted and conditionally permitted uses in subarea C’) is hereby modified as follows:
…
The following uses are permitted within subarea C subject to approval of a conditional use permit:
…
C. Auto service station, car wash, and alternative fuel stations; tire shop, new or used car sales, vehicular repair;
SECTION 19. That portion of Brentwood Municipal Code Section 17.505.008 (‘Zoning matrix of land uses by subareas for PD-55’) shown below is modified as follows:
…
LAND USES3
Commercial Residential
Park and Water
Quality
Subarea
1 Subarea
2 Subarea
3 Subarea
6 Subarea
4 Subarea
5 Commercial Uses
… … …
Alternative fuel
stations
P P
SECTION 20. Subsection B(4) of Brentwood Municipal Code Section

17.517.003 (‘Permitted and conditionally permitted uses and general development standards for subarea B (general commercial area)’) is modified as follows:
…
B. Conditionally Permitted Uses for Subarea B.
…

4. Car washes, Tire shops, new or used car sales, and vehicular repair;

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Attachment 2

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SECTION 21. Subsections B(1) and B(5), respectively, of Brentwood Municipal Code Section 17.517.004 (‘Permitted and conditionally permitted uses and general development standards for subarea C (general commercial area)’) are modified as follows:
…
B. Conditionally Permitted Uses for Subarea C.

1. Gas stations; alternative fuel stations;
…

5. Car washes, Tire shops, new or used car sales, and vehicular repair;

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ORDINANCE NO. 1079

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING A ZONING TEXT AMENDMENT TO
BRENTWOOD MUNICIPAL CODE CHAPTER 17.796 (RZ 24-005),
WHICH WOULD MORE CLEARLY DEFINE AND PROHIBIT SHORTTERM RENTALS WHEREAS, City staff prepared a zoning text amendment that would update Chapter 17.796 (Short-Term Rentals) to more clearly define and prohibit short-term rentals (the “Ordinance”); and
WHEREAS, the Ordinance would amend Title 17 (Zoning) of the Brentwood Municipal Code, and the Planning Commission is charged with reviewing amendments to said title prior to their consideration by the City Council; and WHEREAS, Brentwood has experienced rapid population growth over the past few decades, and in conjunction, the pace of development has been one of the highest in Contra Costa County; and
WHEREAS, short-term rentals have become increasingly popular over the past decade with the proliferation of platforms such as Airbnb and VRBO and with homeowners and renters seeking additional sources of income; and WHEREAS, short-term rentals can have negative impacts on the community, including decreasing the local housing supply and increasing rental prices by reducing the number of available units, creating noise and parking supply issues in neighborhoods, and harming the existing hospitality industry; and WHEREAS, on October 4, 2024, the City gave public notice of a Planning Commission public hearing to be held to consider this Ordinance by advertisement in the Brentwood Press, a newspaper of general circulation; and WHEREAS, on October 15, 2024, the Planning Commission held a duly-noticed public hearing to consider the staff report, recommendation by staff, and public testimony concerning this Ordinance. Following the public hearing, the Planning Commission approved Resolution No. 24-041 and voted to recommend that the City Council adopt the proposed Ordinance by a vote of 5-0; and WHEREAS, the City published a notice of public hearing in the Brentwood Press on November 1, 2024, in accordance with City policies and Government Code Section 65090; and
WHEREAS, on November 12, 2024, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda

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reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration by the City’s Planning Commission; and WHEREAS, this amendment is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

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

SECTION 1. Recitals. The above recitals are incorporated into this Ordinance as though fully set forth herein.

SECTION 3. Rezoning. Brentwood Municipal Code Section 17.870.008 provides:

The zoning text amendments set forth in Exhibit A are consistent with the General Plan because General Plan Land Use Policy LU 2-2 is intended to ensure compatibility between land uses and to reduce any potential negative impacts associated with aesthetics, noise, and safety. The Ordinance’s amendments related to prohibition of short-term rentals will help to protect existing residential neighborhoods from negative impacts resulting from the commercialization of homes for short-term rental use. The City Council finds that the Ordinance is appropriate and is not contrary to the public interest in that it will help preserve commercial land for the highest and best use and protect the city’s residential neighborhoods.

SECTION 4. Amendment. Chapter 17.796 of Title 17 of the Brentwood Municipal Code is hereby amended to prohibit the operation of short-term rentals, as provided in Exhibit “A”, attached hereto and incorporated herein. Revisions to existing sections are reflected in strikethrough for deletions and underline for additions.

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Attachment 2

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THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the City Council of the City of Brentwood on the 12th day of November 2024 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

THE FOREGOING ORDINANCE was adopted with the second reading waived at a regular meeting of the City Council of the City of Brentwood on the 10th day of December 2024 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED
Joel R. Bryant
Mayor
ATTEST:

Amanda McVey
City Clerk

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Attachment 2

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EXHIBIT “A”

17.796.001 Title and purpose of provisions.

A. Title. The provisions of this chapter shall be known as the "short-term rental" provisions of this title.

B. Purpose. The purpose of these provisions is to regulate the short-term rental of certain all residential dwelling units, including those constructed, converted, or otherwise developed through the use of California Government Code Sections 65852.21 or 66411.7.

17.796.002 Applicability of provisions.

The provisions of this chapter apply to all dwelling units in the City, including those constructed, converted, or otherwise developed through the use of California Government Code Section 65852.21 or 66411.7, as set forth in the provisions of Chapters 16.169 and 17.797 of this code.

17.796.003 Short-term rentals prohibited.

A. Pursuant to California Government Code Section 65852.21(e), no residential dwelling unit constructed, converted, or otherwise developed through the use of the two-unit housing development provisions set forth in Chapter 17.797 of this code shall be rented, leased, or otherwise let for occupancy for a period of less than thirty calendar days.

B. Pursuant to California Government Code Section 66411.7(h), no residential dwelling unit constructed, converted, or otherwise developed through the use of the urban lot split provisions set forth in Chapter 16.169 of this code shall be rented, leased, or otherwise let for occupancy for a period of less than thirty calendar days.

A. Definition. “Short-term rental unit” means the rental or occupancy of any residential dwelling unit or a portion thereof for a period of 30 consecutive calendar days or less. Short-term rental units include uninhabitable portions of the property such as swimming pools, courts, backyards, and other amenities available for rent for less than 30 consecutive calendar days.

B. Short-term rental units prohibited. It shall be unlawful for any person or entity to offer or make available to rent or to rent (by way of a rental agreement, lease, license, or any other means, whether written or oral), for compensation or any consideration, a short-term rental unit.

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CITY COUNCIL AGENDA ITEM NO. F.3
12/10/2024
SUBJECT: Sale of City-Owned Property Located at 498 Fairview Avenue DEPARTMENT: City Manager
STAFF: Darin Gale, Assistant City Manager
Ricardo Noguera, Economic Development Manager
Abraham Salinas, Senior Analyst

TITLE/RECOMMENDATION
Adopt a resolution approving and authorizing the City Manager, or designee, to execute an Agreement for Purchase and Sale of real property with Robert J. Freitas II, or related entity, in substantial conformance with the attached agreement, for City-owned property located at 498 Fairview Avenue (APN 012-020-003), and authorizing execution of other documents as necessary to complete the transaction.

FISCAL IMPACT
The purchase of the property at 498 Fairview Avenue was funded by Roadway Development Impact Fees (at the time of acquisition, these same fees were referred to a “Throughway Facility Fees”). The purpose of these fees is to provide a source of funding for traffic improvements necessary to address the impacts of new development.

Should the City Council approve the Purchase and Sales Agreement with Robert J.

Freitas II, and the sale of the property in “as-is” condition takes place, proceeds of approximately $500,000 would be deposited in the Roadway Development Impact Fee Fund.

BACKGROUND

PROPERTY DESCRIPTION
The City owns a 1.570-acre (68,389 square foot) commercial parcel located at 498 Fairview Avenue (the Property). The site is situated at the southeast corner of Fairview Avenue and Central Boulevard, and is mostly level but has limited access.

The Property is zoned as CO (Administrative/Professional Commercial Office), which allows a variety of business and professional uses. These include offices for architects,

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CITY COUNCIL AGENDA ITEM NO. F.3
12/10/2024
attorneys, accountants, engineers, insurance agencies, real estate professionals, and medical, dental, and optical services, among others. Similar uses may also be allowed subject to approval by the zoning administrator (Brentwood Municipal Code Chapter

17.210).

SURPLUS LAND ACT PROCESS
In 2020, the Property, along with 13 others, was declared surplus. The disposition or sale of surplus real property by the City is governed by the California Surplus Lands Act (SLA) (Government Code 54220 et seq.), while the disposition of Successor Agency-owned properties must also follow other laws. Final decisions regarding the disposition of City-owned real estate rest with the City Council.

In May 2023, the City Council updated City Council/Administrative Policy No. 10-20 (Attachment 5), which provides detailed guidelines for the sale of City and Successor Agency-owned property. Staff has followed the SLA process and is now moving forward with the sale of the Property in as required by City Council/Administrative Policy 10-20. Although the property is currently not zoned for residential development, in accordance with the SLA, an affordable housing covenant (Attachment 6) must be recorded against the property and will be included in the property’s sale.

PROPOSED PROJECT
Dr. Freitas (the Buyer), a long-time local dentist with over 15 years of practice in the city of Brentwood, has deep roots in the community, having been raised in Brentwood. He currently operates his practice from a leased space at the Safeway Town Center in Downtown Brentwood. The Buyer is proposing to purchase the Cityowned property located at 498 Fairview Avenue to develop a 5,000 to 7,000-squarefoot office building. The proposed project will house his dental practice and accommodate another dentist, with an estimated total workforce of 20 to 25 employees. The building’s design will align with the character of the surrounding residential neighborhood, ensuring compatibility and enhancing the area’s aesthetic.

The Buyer has offered to purchase the property for $500,000, has secured financing, and is prepared to commence the project within a reasonable timeframe. The proposed development aligns with the City’s zoning and General Plan Land Use Designation as a permitted use. Further approvals would be needed before construction could commence.

Should the City Council approve the Purchase and Sale Agreement (PSA - Attachment 4), staff will work closely with the Buyer to finalize the property sale. The Buyer plans

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CITY COUNCIL AGENDA ITEM NO. F.3
12/10/2024
to close on the property within 90 days and begin construction no later than 36 months after the PSA is fully executed and once all necessary approvals are obtained.

Given the limited availability of commercial space in Brentwood and the strategic location of the property, staff anticipates this development will contribute to economic growth through the addition of new businesses, job creation, and increased tax revenue for the City.

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 3: Economic Development:

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

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

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, which would result in the Property not being sold to this Buyer, and provide direction about what to do with the property.

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

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

ATTACHMENT(S)

1. Previous Action

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CITY COUNCIL AGENDA ITEM NO. F.3
12/10/2024

2. Resolution

3. Aerial of Site

4. Draft Purchase & Sale Agreement (PSA)

5. City Council/Administrative Policy No. 10-20

6. SLA Affordable Housing Covenant

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

On July 23, 1991, the City Council adopted Resolution No. 91-95, accepting a grant deed to acquire the property at 498 Fairview Avenue. The property was purchased using Roadway DIF funds, formerly titled the Thoroughfare Facility Fee Fund, for the purpose of constructing thoroughfare improvements at the intersection of Fairview Avenue and Dainty Avenue.

On December 14, 2010, the City Council, by way of Resolution No. 2010-176, adopted Council/Administrative Policy No. 10-20, (‘Disposition of City/Agency Real Estate’) to provide guidance for the disposition of excess or surplus real estate owned in fee title by the City of Brentwood (“City”) or the former City of Brentwood Redevelopment Agency (“Agency”).

On February 9, 2016, the City Council adopted Resolution No. 2016-11 to approve the FY 2016/ 17 and FY 2017/ 18 City of Brentwood Strategic Plan, including Strategic Initiative 4.1.f., preparation of a City-owned Parcels Plan.

On November 13, 2018, the City Council adopted Resolution 2018-153, approving an agreement with Carpenter/Robbins Commercial Real Estate, Inc., to prepare and complete a City-owned Parcels Plan in an amount not to exceed $73,033 and amending the 2018/19 Operating Budget.

On July 14, 2020, the City Council adopted the Amended City of Brentwood Strategic Plan for FY 2020/ 21 — FY 2021/22, which included Strategic Priorities to facilitate development and encourage investment and implement the City's Economic Development Action Plan.

On October 13, 2020, the City Council adopted Resolution 2020-132, declaring certain real property as surplus and authorizing the City or designee to provide notification to required parties under state law and offer the properties for sale.

On May 23, 2023, the City Council adopted Resolution 2023-62, amending City Council Administrative Policy No. 10-20, (‘Disposition of City/Agency Real Estate’).

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING A PURCHASE AND SALE AGREEMENT
WITH ROBERT J. FREITAS II, OR RELATED ENTITY, FOR THE
REAL PROPERTY LOCATED AND 498 FAIRVIEW AVENUE,
BRENTWOOD, CALIFORNIA; AND AUTHORIZING THE CITY

MANAGER OR DESIGNEE, TO PERFORM ALL NECESSARY

ACTIONS AND EXECUTE THOSE AGREEMENTS NEEDED TO
COMPLETE THE SALE.

WHEREAS, on July 23, 1991, the City Council adopted Resolution No. 91-95, accepting a grant deed to acquire the property at 498 Fairview Avenue. The property was purchased using Roadway DIF funds, formerly titled the Thoroughfare Facility Fee Fund, to construct thoroughfare improvements at the intersection of Fairview Avenue and Dainty Avenue; and
WHEREAS, on December 14, 2010, the City Council, by way of Resolution No. 2010-176, adopted Council/Administrative Policy No. 10-20 (‘Disposition of City/Agency Real Estate’) to provide guidance for the disposition of excess or surplus real estate owned in fee title by the City of Brentwood (“City”) or the former City of Brentwood Redevelopment Agency (“Agency”); and
WHEREAS, on July 14, 2020, the City Council adopted the Amended City of Brentwood Strategic Plan for FY 2020/21 – FY 2021/22, which included Strategic Priorities to facilitate development and encourage investment and implement the City’s Economic Development Action Plan; and
WHEREAS, on October 13, 2020, by way of Resolution No. 2020-132, the City Council declared certain real property as surplus and authorized the City Manager or designee to provide notification to required parties under State Law and offered the properties for sale; and
WHEREAS, on May 23, 2023, by way of Resolution No. 2023-62, the City Council amended City Council Administrative Policy No. 10-20 (‘Disposition of City/Agency Real Estate’); and
WHEREAS, Government Code 54220, et seq., and AB 1485 require certain actions be taken by a public agency to dispose of surplus real property, which may include, but are not limited to, notifying public agencies and affordable housing developers of the availability of the real properties and providing a 60-day period to consider making an offer to purchase a property or properties, and these actions have been undertaken with respect to the Property described below; and WHEREAS, the City of Brentwood is the owner in fee simple of that certain real property located 498 Fairview Avenue, Brentwood, California 94513, Assessor

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Page 2 of 2 ends

Parcel Number 012-020-003, consisting of 68,389 square feet on 1.570 acres (the “Property”); and
WHEREAS, the City has received an offer to purchase the Property for $500,000 for the purpose of constructing a 5,000 to 7,000-square-foot office building that will allow the Buyer’s existing Brentwood dental practice to relocate and accommodate another dentist, with an estimated total workforce of 20 to 25 employees; and
WHEREAS, the City Council finds that the sale of the Property for the functions stated herein conform to General Plan Policy LU 3-9 (‘Encourage the retention and expansion of the city’s existing businesses and encourage start-up and home-based businesses by Brentwood residents’) insomuch as the location, purpose, and extent of the sale will facilitate the development of a new professional office building to serve and grow an existing business; and
WHEREAS, the sale and potential development of Property will provide fiscal and economic benefits for the City and community.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby resolve to approve and authorize the City Manager, or designee to:

1. execute an Agreement for Purchase and Sale of real property and Joint Escrow Instructions with Robert J. Freitas II, or related entity for the real property located 498 Fairview Avenue, Brentwood, CA 94513 APN 012-020-003, for the purchase price of $500,000, which agreement shall be substantially similar to that attached hereto and incorporated herein as Exhibit ‘A’; and

2. perform all necessary actions and execute those agreements as needed to complete the sale.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 10th day of December 2024 by the following vote:

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Commercial Office (CO)
Zoning

CENTRAL BLVD
FAIR
VIE
W
A
VE

CITY SURPLUS PROPERTY
Document Path: W:\GIS_Map_Room\MXDs\ECONOMIC DEVELOPMENT\City Surplus Property.mxd 1 inch = 200 feet
498 Fairview Avenue
APN: 012-020-003

1.27 Acres Page 36 of 962
1 PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is dated for reference purposes as of _______________, 2024, by and between The City of Brentwood, a municipal corporation (“Seller”), and Robert J. Freitas II (“Buyer”) who agree as follows:

1. Purchase and Sale of Property. Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase from Seller, subject to the terms and conditions set forth herein, that certain unimproved real property consisting of approximately 1.57 acres located in the area of Contra Costa County, California, commonly referred to as Assessor’s Parcel Number 012- 020-003, all as more fully described in Exhibit A, together with all growing crops, rights, privileges, easements or appurtenances to or affecting the Land, including, but not limited to, all of Seller’s mineral rights, water rights, options, deliveries and obligations of the Contra Costa County Flood Control which are associated with the Property and all of Seller’s rights to under crop insurance policies on the crop growing on the Property, and all of Seller’s rights to applicable claims and proceeds thereunder (collectively, the “Property”). The Property shall also include the following personal property to be transferred with a bill of sale: rice boxes, pipes, and other equipment associated with rice production currently on the land.

2. Purchase Price. The purchase price for the Property (“Purchase Price”) shall be FIVE HUNDRED THOUSAND DOLLARS ($500,000) and shall be paid as follows:(i) within 3 days following the Effective Date, Seller and Buyer shall open an escrow in connection herewith (“Escrow”) at First American Title Company, (_______________ at ___-___-____ __________@__________title.com) (“Escrow Holder”), and Buyer shall deposit $25,000 into Escrow (“Initial Deposit”); and (ii) on or before the Closing, if this Agreement has not been earlier terminated, Buyer shall deposit into Escrow the balance of the Purchase Price, less any credits due Buyer hereunder (the “Closing Amount”).

3. Title to the Property/Seller’s Deliveries. At the Closing, Seller shall convey to Buyer good and marketable fee simple title to the Property by duly executed and acknowledged grant deed with no reservations of any rights and free of encumbrances (the “Deed”). As used in this Agreement, Closing (the “Closing”) shall be deemed to occur upon the recording of the Deed.

Evidence of delivery of fee simple title shall be the issuance by Escrow Holder to Buyer of an ALTA standard coverage owner’s policy of title insurance in the amount of the Purchase Price, insuring fee simple title to the Property in Buyer, subject only to such exceptions as Buyer shall have approved as provided in Exhibit B attached hereto and incorporated herein by reference (the “Title Policy”). Within five (5) business days following the Effective Date, Seller shall deliver to Buyer materials requested by Buyer in Seller’s possession or control, or to which Seller has access (collectively, the “Seller’s Deliveries”). Seller shall deliver a Natural Hazards Disclosure Report with Seller’s Deliveries.

4. Conditions Precedent to Closing. The conditions listed in Exhibit B attached hereto, and incorporated herein by reference, are conditions precedent to Buyer’s obligation to purchase the Property (the “Conditions Precedent”).

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2 5. LIQUIDATED DAMAGES. IF THE SALE OF THE PROPERTY IS NOT

CONSUMMATED SOLELY BECAUSE OF A DEFAULT UNDER THIS AGREEMENT ON

THE PART OF BUYER, THE DEPOSIT SHALL BE RETAINED BY SELLER AS LIQUIDATED DAMAGES. THE PARTIES HAVE AGREED THAT SELLER’S ACTUAL

DAMAGES, IN THE EVENT OF A DEFAULT BY BUYER, WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE. THEREFORE, BY PLACING THEIR

INITIALS BELOW, THE PARTIES ACKNOWLEDGE THAT THE EARNEST MONEY HAVE BEEN AGREED UPON, AFTER NEGOTIATION, AS THE PARTIES’ REASONABLE ESTIMATE OF SELLER’S DAMAGES AND AS SELLER’S SOLE AND EXCLUSIVE

REMEDY AGAINST BUYER, AT LAW OR IN EQUITY, IN THE EVENT OF A DEFAULT UNDER THIS AGREEMENT ON THE PART OF BUYER. FURTHERMORE, THE

PAYMENT AND RETENTION OF SUCH DEPOSIT AS LIQUIDATED DAMAGES IS NOT

INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 AND 3369, BUT IS INTENDED TO CONSTITUTE

LIQUIDATED DAMAGES TO SELLER PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677.

INITIALS: Seller __________ Buyer __________

6. Representations, Warranties and Covenants of Seller. As of the date hereof and again as of Closing, Seller represents and warrants to Buyer as follows: (a) Seller has all necessary power and authority to enter into this Agreement, to carry out its obligations hereunder, and to consummate the transactions contemplated hereby. This Agreement constitutes a legal, valid and binding obligation of Seller enforceable against Seller in accordance with its terms; (b) There are no claims, actions, suits, investigations or other legal proceedings pending or threatened against or by Seller relating to or affecting the Property; (c) Seller has good and marketable title to the Property; and (d) Seller has fully disclosed in writing to Buyer all material information in Seller’s possession that relates to the Property, its condition, and the title to the Property.

7. Representations, Warranties and Covenants of Buyer. Buyer hereby represents and warrants to Seller that Buyer has all necessary power and authority to enter into this Agreement, to carry out its obligations hereunder, and to consummate the transactions contemplated hereby.

This Agreement constitutes a legal, valid and binding obligation of Buyer enforceable against Buyer in accordance with its terms.

8. Property Subject to Covenants and Restrictions. Buyer hereby represents and warrants that Buyer has read, understands, and agrees to the Declaration of Covenants and Restrictions attached hereto and incorporated fully by reference as Exhibit C. The purchase and sale of the Property is subject to California Government Code Section 54233. Exhibit C shall be recorded against the Property and run with the land as a valid and enforceable covenant and restriction against any owner who violates such covenants or restrictions and each successor-ininterest who continues the violation by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the California Government Code.

9. Environmental Matters/Release. As used in this Agreement, “Hazardous Materials” includes petroleum, asbestos, radioactive materials or substances defined as '“hazardous substances,” “hazardous materials” or “toxic substances” (or words of similar import)

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3 in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601, et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Section 1801, et seq.), the Resource Conservation and Recovery Act (42 U.S.C.

Section 6901, et seq.), and under the applicable laws of California. Buyer must rely on its own investigation and not on any representation by Seller regarding Hazardous Materials. Buyer shall rely solely upon its own investigation and inspection of the Property and the improvements thereon and upon the aid and advice of Buyer's independent expert(s) in purchasing the Property, and shall take title to the Property without any warranty, express or implied, by Seller or any employee or agent of Seller. Seller makes no representations regarding Hazardous Materials in, on or under the Property. Seller's knowledge and disclosures regarding Hazardous Materials are limited to the contents of Seller's Deliveries.

Accordingly, Buyer hereby expressly waives and relinquishes any and all rights and remedies Buyer may now or hereafter have against Seller, whether known or unknown, with respect to any past present, or future presence of Hazardous Materials on, under or about the Property or with respect to any past, present or future violations of any rules, regulations or laws, now or hereinafter enacted, regulating or governing use, handling, storage or disposable of Hazardous Materials, including, without limitation (i) any and all remedies Buyer may now or hereafter have under the Comprehensive Environmental Response Compensation and Liability Act of 1980 (“CERCLA”), as amended, and any similar law, rule or regulation, (ii) any and all rights Buyer may now or hereafter have against Seller under the Carpenter-Presley-Tanner Hazardous Substance Account Act (California Health and Safety Code, Section 25300 et seq.), as amended and any similar law, rule or regulation, and (iii) any and all claims, whether known or unknown, now or hereafter existing, with respect to the Property under Section 107 of CERCLA (42 U.S. C.A. § 9607).

BUYER HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS
FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 (“SECTION 1542”), WHICH IS SET FORTH BELOW
“A GENERAL RELEASE DOES NOT EXTEND TO

CLAIMS WHICH THE CREDITOR DOES NOT

KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT

THE TIME OF EXECUTING THE RELEASE, WHICH

IF KNOWN BY HIM MUST HAVE MATERIALLY

AFFECTED HIS SETTLEMENT WITH THE
DEBTOR”

BY INITIALING BELOW, BUYER HEREBY WAIVES THE
PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH

THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING
WAIVERS AND RELEASES.
_______________
(Buyer's Initials)

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4 10. Continuation and Survival. All representations, warranties and covenants by the respective parties contained herein are intended to and shall be deemed made as of the date of this Agreement and again at the Closing, shall be deemed to be material, and unless expressly provided to the contrary shall survive the execution and delivery of this Agreement, the Deed and the Closing.

11. Possession. Possession of the Property shall be delivered to Buyer on the Closing Date free of any occupant or property not being conveyed to Buyer as provided hereunder.

12. Seller’s Cooperation with Buyer. Seller shall cooperate and do all acts as may be reasonably required or requested by Buyer, with regard to the fulfillment of any Condition Precedent. Seller hereby authorizes Buyer and its agents to make all inquiries with and applications to any third party, including any governmental authority, as Buyer may reasonably require to complete its due diligence and satisfy the Conditions Precedent.

13. Professional Fees. In the event legal action is commenced to enforce or interpret any of the terms or provisions of this Agreement, the prevailing party in such action shall be entitled to an award of reasonable attorney’s fees and costs incurred in connection with the prosecution or defense of said action,

14. Commissions, Indemnity, Disclosure. Each party represents to the other party that there is no broker representing such party in the current transaction, and that the representing party has incurred no liability for any brokerage commission or finder’s fee arising from or relating to the transactions contemplated by this Agreement. Seller shall not be responsible for any broker commission associated with this purchase. Each party hereby indemnifies and agrees to protect, defend and hold harmless the other party from and against all liability, cost, damage or expense (including without limitation attorneys’ fees and costs incurred in connection therewith) on account of any brokerage commission or finder’s fee which the indemnifying party has agreed to pay or which is claimed to be due as a result of the actions of the indemnifying party. This Section 14 is intended to be solely for the benefit of the parties hereto and is not intended to benefit, nor may it be relied upon by, any person or entity not a party to this Agreement.

15. Publicity and Confidentiality. Buyer acknowledges that Seller is a public entity and that this Agreement shall be a matter of public record and available to the public under the Public Records Act. Notwithstanding the foregoing, Buyer agrees to not make any public announcements regarding the Property prior to Closing.

16. Miscellaneous. Buyer shall not have the right to assign this Agreement without Seller’s consent and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Any such assignee shall assume all obligations of Buyer hereunder; however, Buyer shall remain liable for all obligations hereunder. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, heirs, administrators and assigns.

This Agreement may be amended or modified only by a written instrument executed by Seller and Buyer. This Agreement shall be governed by and construed in accordance with the laws of the State of California. This Agreement and the exhibits attached hereto constitute the entire agreement between the parties and supersede all prior agreements and understandings between the parties relating to the subject matter hereof. Time is of the essence of this Agreement. If any

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5 provision of this Agreement, or the application thereof to any person, place, or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Agreement and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. The waiver by any party to this Agreement of the breach of any provision of this Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach, whether of the same or another provision of this Agreement. This Agreement may be executed in a number of identical counterparts. Each of the counterparts will be deemed an original for all purposes and all counterparts will collectively constitute one Agreement. Time is of the essence of this Agreement.

This Agreement has been negotiated at arm’s length and between persons (or their representatives) sophisticated and knowledgeable in the matters dealt with in this Agreement. Accordingly, any rule of law (including California Civil Code § 1654 and any successor statute) or legal decision that would require interpretation of any ambiguities against the party that has drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable manner to effect the purpose of the parties and this Agreement. Execution and delivery of this Agreement shall not be deemed to confer any rights upon, directly, indirectly or by way of subrogation, nor obligate either of the parties hereto to, any person or entity other than each other.

13. Notices. Any notice, consent or approval required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given upon (i) hand delivery, (ii) one (1) business day after being deposited with a reliable overnight courier service for next day delivery, (iii) two (2) business days after being deposited in the United States mail, registered or certified mail, postage prepaid, return receipt required, and addressed to the address shown below each party’s signature.
[SIGNATURES ON NEXT PAGE]

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6 IN WITNESS WHEREOF, the parties hereto have executed and entered into this Agreement as of the date last written below (the “Effective Date”).

SELLER:

By:

Name: Tim Y. Ogden
Its: City Manager
Date:

BUYER:

By:

Name: Robert J. Freitas II
Its: Authorized Representative
Date:

ATTEST:

By:

Name: Amanda McVey
Its: City Clerk
APPROVED AS TO FORM:

By:

Name: Katherine Wisinski
Its: City Attorney

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1 EXHIBIT A

LEGAL DESCRIPTION

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1 EXHIBIT B

CLOSING AND ESCROW PROCEDURES

1. Title to the Property. The Title Policy issued to Buyer pursuant to Section 3 of the Agreement, shall provide full coverage against mechanics’ and materialmen’s liens and shall contain such special endorsements as Buyer may reasonably require, including, without limitation, any endorsements required as a condition to Buyer’s approval of any title exceptions (the “Endorsements”). Within five (5) business days following the Effective Date, Seller shall order the issuance of a preliminary title report with respect to the Property, together with copies of all underlying documents referenced therein and a map containing a plotting of all easements capable of being plotted (collectively, the “Preliminary Report”), to be prepared by the Escrow Holder and delivered to Buyer. No later than ten (10) days after receipt of the Preliminary Report, Buyer shall give written notice to Seller of any items contained in the Preliminary Report which Buyer disapproves (“Buyer’s Disapproval Notice”). Failure of Buyer to notify Seller of Buyer’s disapproval of all or any item on the Preliminary Report shall be deemed to be an approval by Buyer of such item(s). In any event, Seller covenants to remove as exceptions to title prior to the Closing, any mortgages, deeds of trust, and other monetary encumbrances (collectively, “Disapproved Liens”) shown on the Preliminary Report except for real property taxes not delinquent. Seller shall notify Buyer no later than five (5) days after receipt of Buyer’s Disapproval Notice whether it elects to remove such other items disapproved by Buyer.

2. Conditions Precedent to Closing. The Conditions Precedent referenced in Section 4 of the Agreement and detailed below are intended solely for the benefit of Buyer and may be waived only by Buyer in writing in Buyer’s sole and absolute discretion. In the event any Condition Precedent is not satisfied, Buyer may, in its sole and absolute discretion, terminate this Agreement. The following are the Conditions Precedent:
a. Buyer’s inspection, review and approval, in its sole discretion, of all of the following: (i) the physical characteristics and condition of the Property (including without limitation the condition of the soils); (ii) Seller’s Deliveries and (iii) the Preliminary Report and all aspects of the Property’s title pursuant to section 1 above.
b. Escrow Holder shall be unconditionally committed to issue the Title Policy to Buyer upon the Closing in the form and with such exceptions and endorsements as have been approved, or are deemed approved, by Buyer as provided above.

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2 c. Seller shall have complied with all of Seller’s duties and obligations contained in the Agreement and all of Seller’s representations and warranties contained in or made pursuant to this Agreement shall have been true and correct when made and shall be true and correct as of the Closing Date.

3. Escrow; Closing, Prorations.
a. Upon mutual execution of the Agreement, the parties shall deposit an executed counterpart of this Agreement with Escrow Holder and this Exhibit B shall serve as instructions to Escrow Holder for consummation of the purchase contemplated hereby. In the event of any conflict between the provisions of the Agreement and any supplementary Escrow instructions signed by Buyer and Seller, the terms of the Agreement shall control.
b. The Closing shall take place (the “Closing Date”) on or before the date that is thirty (30) days following the Effective Date of the Agreement, or as may be extended as provided below.
c. At or before the Closing, Seller shall deliver to Escrow Holder or Buyer the duly executed and acknowledged Grant Deed for the Property, a general assignment of any pertinent rights for the Property, and a Bill of Sale for the personal property. d. At or before the Closing, Buyer shall deliver to Escrow Holder or Seller the following: (i) the Closing Statement, duly executed by Buyer; (ii) the Closing amount necessary to complete the purchase; and (iii) evidence reasonably acceptable to Escrow Holder that the documents delivered by Buyer have been duly authorized and executed on behalf of Buyer and constitute valid and binding obligations of Buyer.
e. Seller and Buyer shall each deposit such other instruments as are reasonably required by Escrow Holder or otherwise required to close the Escrow and consummate the purchase of the Property in accordance with the terms hereof. f. Costs and expenses of Escrow incurred in this transaction shall be paid as follows:
(1) Seller shall pay the premium for a standard ALTA coverage owner’s policy of title insurance; Buyer shall pay the premium for any extended ALTA coverage if desired; (2) Seller and Buyer shall each pay one-half (1/2) of the Escrow fees, recording fees and related expenses; (3) all other costs of escrow shall be paid equally by Buyer and Seller; (4) legal fees for purchase and sale agreement drafting shall be shared equally. The provisions of this Subparagraph (f) shall survive the Closing.

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COUNCIL/ADMINISTRATIVE POLICY
Subject:

Disposition of City/Agency Real
Estate
Policy No: 10-20 Date: 05/23/2023
Resolution No: 2023-62 Page 1 of 3

CITY OF BRENTWOOD

1. PURPOSE
It is the purpose of this policy to provide guidance for the disposition of excess or surplus real estate owned in fee title by the City of Brentwood (“City”) or the City of Brentwood Successor Agency (“Agency”). The City disposition procedures are governed by the California Surplus Lands Act (California Government Code section 542200 et seq.) (the “SLA”) and the Agency disposition procedures are governed by both the SLA and the California Redevelopment Dissolution Law, California Health & Safety Code section 34170 et. seq. (the “Dissolution Law”)

2. POLICY
This policy provides guidance on the disposition of real estate. Real Estate is defined as any parcel owned in fee title by the City or Agency. All final decisions on the disposition of City and Agencyowned real estate is reserved for the City Council. For Successor Agency-owned parcels, the County-wide Oversight Board makes all final decisions, subject to review by the State Department of Finance. All other non-real estate assets are governed by the Council / Administrative Policy 10-07, Purchasing.

3. CITY REAL ESTATE

3.1 GENERAL GUIDELINES

3.1.1 In accordance with Section 54221(b)1) of the SLA, prior to the disposition of City owned real estate, the property must be declared surplus or exempt surplus land by the City Council of the City of Brentwood, during a regular public meeting.

3.1.2 The City will comply with the requirements of the SLA as they may be amended from time to time, in seeking to dispose of City owned real estate.

3.1.3 In the event the City complies with the requirements of the SLA and the SLA Guidelines, but does not dispose of the property, the City may pursue alternative means of disposition as set forth in this policy.

3.1.4 Disposition methods following completion of the SLA process may include:

Requests for Proposals (RFPs), Auction, Negotiated Sale or Exchange in order to maximize the benefit to the taxpayers.

3.1.5 The City shall optimize the benefit of the disposition of City-owned excess or surplus real estate based on relevant factors including:

3.1.5.1 The value of the real estate based on an appraisal or brokers opinion of value, as appropriate, which is no more than 12 months old at the time the sales agreement is presented to the City Council, except that an appraisal will not be needed on real estate that does not exceed $200,000 in value based on fair market value supported by a written report from staff.

3.1.5.2 The City is required to follow applicable State laws related to disposition of surplus property at the same time of disposition. Any

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COUNCIL/ADMINISTRATIVE POLICY
Subject:

Disposition of City/Agency Real
Estate
Policy No: 10-20 Date: 05/23/2023
Resolution No: 2023-62 Page 2 of 3

CITY OF BRENTWOOD
special benefits to accrue from the sale or exchange.

3.1.6 Generally, the City shall represent itself in real estate transactions; however, the City may from time to time authorize a brokerage agreement for the disposition of real estate. In such cases, the brokerage fee shall be as specified in the agreement between the City and the broker. The selection of a real estate broker to provide real estate services shall be subject to the Council / Administrative Policy 10-07, Purchasing.

In certain circumstances when a broker is not under contract with the City, the City, in its sole discretion, may negotiate and pay a real estate brokerage fee for qualified representation of a party purchasing City real estate (“broker participation”). In no case shall the broker participation exceed one-half of the generally accepted local brokerage fee for the type of real estate being sold.

When the amount of purchase price offered is a criterion for selecting a purchaser in competitive situations, the selection will be based on the highest net purchase price, without taking into account any brokerage fees involved in the competition/evaluation. When such broker participation is contracted by the City, it shall be subject to all of the following:

3.1.6.1 The party represented by the broker shall provide written certification that the broker represents said party; and

3.1.6.2 The broker shall provide written certification that broker is not an employee of said party; and

3.1.6.3 The broker shall possess a valid California real estate broker license.

3.2 PROCESS

3.2.1 Staff will prepare a report for the City Council’s or Agency’ consideration recommending the declaration of certain stated real estate as surplus real estate.

3.2.2 The City will comply with the SLA and any other applicable guidelines or regulations as determined with the City Attorney’s office.

3.2.3 Since it is generally not in the City's best interest for a real estate transaction to be negotiated in open session, pursuant to Section 54956.8 of the Government Code, the City Council may discuss either approval, disapproval, or continuation for further negotiation or study any recommendation regarding the disposition of City real estate in closed session. Any final action, however, shall occur in open session and comply with the California Environmental Quality Act and shall disclose the revenue from any sale and the appraised value of the real estate involved in accordance with the Ralph M. Brown Act, California Government Code section 54950 et seq.

3.3 PAYMENT FOR CITY SURPLUS REAL ESTATE
Sales of real estate shall be on an all cash basis, or on such other terms that in the

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COUNCIL/ADMINISTRATIVE POLICY
Subject:

Disposition of City/Agency Real
Estate
Policy No: 10-20 Date: 05/23/2023
Resolution No: 2023-62 Page 3 of 3

CITY OF BRENTWOOD
discretion of the City Council results in the optimum public benefit.

3.4 USE OF PROCEEDS
Proceeds from sales shall be assigned to the appropriate fund, as follows:
 To enterprise accounts if the real estate was purchased using these funds.  To the General Fund, or other funds, if required by law.  As directed by the City Council.

3.5 COSTS ASSOCIATED WITH THE DISPOSITION OF REAL ESTATE Unless otherwise directed, the costs associated with the disposition of surplus real estate shall be charged to the appropriate fund(s). Expenditures for this purpose will be budgeted as part of the normal budgeting cycle or budget amendment process if needed. If the real estate is owned by a fund other than the General Fund, the fund may be reimbursed for the costs associated with purchasing, managing, maintaining and disposing of surplus or excess real estate.

4. AGENCY OWNED REAL ESTATE
With the passage of the 2011 Budget Act (AB x1 26), the State of California eliminated Redevelopment Agencies (RDAs) and RDAs were officially dissolved as of February 1, 2012. As part of the dissolution law former RDAs are required to sell their assets “as is” and “expeditiously and in a manner aimed at maximizing value.” The County-wide Oversight Board is required to approve disposition of Agency-owned properties, with all Oversight Board decisions being subject to review and approval by the State of California’s Department of Finance. The Successor Agency must also comply with the SLA prior to disposition of former RDA property.

Once the Successor Agency Board takes action in support of the disposition of a property, a resolution is forwarded to the County Oversight Board for consideration and approval prior to Department of Finance ultimately approving or denying the transaction.

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RECORDING REQUESTED BY,
AND WHEN RECORDED RETURN TO:

City of Brentwood
150 City Park Way
Brentwood, CA 94513-1164
Attention: City Clerk
___________________________________________________________________________ [SPACE ABOVE FOR RECORDER’S USE ONLY]
APN: 012-020-003
This document is exempt from Recording Fees pursuant
to California Government Code Section 6103 & 27383

DECLARATION OF COVENANTS AND RESTRICTIONS
(CALIFORNIA GOVERNMENT CODE SECTION 54233)
If ten (10) or more residential units are developed on the real property described on Exhibit “A” attached hereto, then not less than 15 percent of the total number of residential units developed on the property shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or affordable rent, as defined in Section 50053 of the California Health and Safety Code, to lower income households, as defined in Section 50079.5 of the California Health and Safety Code. Rental units shall remain affordable to and occupied by lower income households for a period of 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of 65915 of the California Government Code. These requirements shall be covenants or restrictions running with the land and shall be enforceable against any owner who violates such covenants or restrictions and each successor-in-interest who continues the violation by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the California Government Code.

CITY OF BRENTWOOD, a municipal corporation
Date: By:

Name:

Title:

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EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY
APN: 012-020-003
[TO BE ADDED]

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A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.

PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Contra Costa )
On this ____________day of _______ in the year ______, before me, (insert name and title of the officer), personally appeared ____________,who proved to me on the basis of satisfactory evidence to the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ________________________________ (Seal)

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CITY COUNCIL AGENDA ITEM NO. F.4
12/10/2024
SUBJECT: Accept the Orchard Trails, Subdivision No. 9523, in-tract public improvements for maintenance; accepting the Maintenance Bond; releasing the Improvement Securities; and requesting that the City Clerk file this Resolution with Contra Costa County DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Heather Silfies, Engineering Services Specialist

TITLE/RECOMMENDATION
Adopt a Resolution accepting the in-tract public improvements for Orchard Trails for maintenance; accepting the Maintenance Bond; releasing the Improvement Securities and requesting that the City Clerk file this Resolution with the Recorder of Contra Costa County for these improvements, constructed as a part of Orchard Trails, 9253, located west of Walnut Boulevard, north of the ECCID main canal, and south of Continente Avenue.

FISCAL IMPACT
A number of funding sources will be used to pay for the upkeep of these improvements. Once they are accepted, the City will have an estimated $21,307.94 in annual costs for necessary maintenance. That figure is already included in the 2024/25 Operating Budget.

Routine roadway and storm drain maintenance ($3,678.82) will be funded by the General Fund, the special benefit portion of the street lighting maintenance costs ($6,379.80) will be funded by the Landscaping and Lighting Assessment Districts (“LLADs”) formed to cover the street lighting maintenance costs, and the general benefit portion of the LLAD cost ($130.20) will be funded by the General Fund. Water ($6,083.92) and wastewater ($5,035.20) infrastructure maintenance costs will be funded by the Water and Wastewater Enterprise Funds.

BACKGROUND
When developers construct a new project that includes the sale of single-family homes, the land usually has to first be divided into individual lots that can be sold to separate buyers. Depending on the number of lots needed, this division of land

Page 53 of 962 ends

CITY COUNCIL AGENDA ITEM NO. F.4
12/10/2024
requires the approval of either a tentative parcel map (for four lots or less) or a tentative subdivision map (for five lots or more) by the City. The map shows how the land will be divided into lots, parks, streets, and other features.

When a Tentative Map is approved by the City, it will include a number of requirements or Conditions of Approval (COA’s) that the developer must carry out in order to develop the project.. In compliance with State Subdivision Map Act Section 66458 (d) and Municipal Code Section 16.165.030, a Final Map and associated Subdivision Improvement Agreement (SIA) are presented to the City Manager for approval through an Informational Report to City Council. Per the SIA, improvement security must be provided to the City which covers the estimated cost of the improvements to be installed. For this project, a surety bond was submitted to guarantee faithful performance and satisfy this requirement.

Once the improvements are completed and ready for acceptance, the developer must post a Maintenance Bond in an amount not less than 10% of the estimated cost of improvements, guaranteeing materials and workmanship for a period of one year.

Before ownership of the improvements can be transferred, City Council has to formally accept them, which means the City acknowledges that the improvements were built in conformance of the approved plans.

In the item before the Council, the City is being asked to (1) accept the improvements, (2) accept the Maintenance Bond from the developer, (3) release the Improvement Securities back to the developer, since the improvements were built, and (4) ask the City Clerk to send the Council’s Resolution to the County so it can be recorded and be a record of the Council’s action.

This project, which sits west of Walnut Boulevard, north of the ECCID main canal, and south of Continente Avenue, has been developed by Shea Homes Limited Partnership (“Developer”). The tentative map was approved to subdivide 25.59 acres into 77 single family residential lots, a landscaped parcel for a public trail, and a parcel for bio-retention to treat stormwater. The portions of public improvements required by the project’s Conditions of Approval have been constructed and inspected to ensure they follow the approved improvement plans including sewer, water, storm drain, sidewalks, masonry wall, street lighting, and paving.

The improvements, which consist of 5,590 Lineal Feet (“LF”) of pavement, 2,090 LF sidewalk, 10,450 LF curb and gutter, 1,460 LF 6’ masonry wall, 350 LF 8’ masonry wall, 31 street lights, 4,196 LF 8” sewer line, 5,384 lf 8” water line, 13 hydrants, 3,673 LF storm drain line, is now complete and has been inspected for conformance

Page 54 of 962 ends

CITY COUNCIL AGENDA ITEM NO. F.4
12/10/2024
with the approved improvement plans. The Developer has provided a Maintenance Bond to cover the twelve-month warranty period for the public improvements. With the improvements now installed, it is the appropriate time to accept the improvements and begin the warranty period.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
An addendum for a Mitigated Negative Declaration and Mitigation Monitoring Plan was approved by the Planning Commission July 16, 2019.

ALTERNATIVE OPTION(S)
Not Applicable.

ATTACHMENT(S)

1. Previous Action

2. Photos

3. Site Map

4. Resolution

Page 55 of 962 ends

Attachment 1

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

On September 9, 2003, the City Council adopted Ordinance No. 759, authorizing the City Manager to approve final subdivision maps and execute subdivision improvement agreements.

On October 20, 2020, by Resolution No. 20-038, the Planning Commission recommended the City Council approve vesting tentative Subdivision Map No. 9523.

On November 10, 2020, by Resolution No. 2020-142, the City Council approved vesting tentative Subdivision No. 9523.

On July 27, 2021, the City Council was notified through an Informational Report of the City Manager’s approval of Final Subdivision Map. No. 9523.

On January 24, 2023, by Resolution No. 2023-04, the City Council accepted the Armstrong Trail Extension, Parcel B (In-Tract Utility Corridor Trail) and Parcel A (In-Tract Basin) landscape improvements for maintenance.

On February 28, 2023, by Resolution No. 2023-19, the City Council accepted the traffic signal improvements.

Page 56 of 962 ends

Acceptance of In-tract Public Improvements
Orchard Trails, Sub. No. 9523

Page 57 of 962 ends

HAZEL CT

W RIGHT CT

TRE ADW ELL CT

FORD CT

VICTORIA DR

LEXINGTON CT

HICKORY CT

KNIGHTSBRIDGE CT
W
R

GI H T WAY
POE CT

W ILLIAMS CT

ROCKWELL ST

REMINGTON ST

CARNEGIE LN

SANFORD CT

PECAN PL

WALNUT BLVD

ARMSTRONG RD
P
E
R
S
MI M
O
N
DR

DAVIDSON CT

FLOWERING PLUM PL

CASHEW PL

EDGEFIELD PL

COCONUT PL

ARMSTRONG WAY

KIRKMAN RD

CONTINENTE AVE
Acceptance Public Improvements
Orchard Trails
Subdivision No. 9523
Developed by Shea Homes Limited Partnership
Document Path: W:\MXD\Staff Report Maps\9523 Acceptance-Trails.mxd 9523

CITY LIMIT

CIDER CIR

RAVEN CIR

VICTORIA DR

Page 58 of 962 ends

RESOLUTION NO. 2024-XX

A RESOLUTION ACCEPTING THE IN-TRACT PUBLIC
IMPROVEMENTS FOR ORCHARD TRAILS FOR MAINTENANCE;
ACCEPTING THE MAINTENANCE BOND; RELEASING THE

IMPROVEMENT SECURITIES AND REQUESTING THAT THE CITY

CLERK FILE THIS RESOLUTION WITH THE RECORDER OF

CONTRA COSTA COUNTY FOR THESE IMPROVEMENTS,
CONSTRUCTED AS A PART OF ORCHARD TRAILS, 9253, LOCATED

WEST OF WALNUT BOULEVARD, NORTH OF THE ECCID MAIN

CANAL, AND SOUTH OF CONTINENTE AVENUE
WHEREAS, on October 20, 2020, by Resolution No. 20-038, the Planning Commission recommended the City Council approve vesting tentative Subdivision Map No. 9523; and
WHEREAS, on November 10, 2020, by Resolution No. 2020-142, the City Council approved vesting tentative Subdivision No. 9523; and WHEREAS, on July 27, 2021, the City Council was notified through an Informational Report of the City Manager’s approval of Final Subdivision Map. No. 9523; and
WHEREAS, on January 24, 2023, by Resolution No. 2023-04, the City accepted the Armstrong Trail Extension, Parcel B (In-Tract Utility Corridor Trail) and Parcel A (In-Tract Basin) landscape improvements for maintenance; and WHEREAS, on February 28, 23, by Resolution No. 2023-19, the City accepted the traffic signal; and
WHEREAS, the required public improvements have been completed and constructed in substantial conformance with the approved improvement plans; and WHEREAS, Shea Homes Limited Partnership, has posted a Maintenance Bond, guaranteeing materials and workmanship, for a period of one year following acceptance of improvements.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood, with respect to Subdivision 9523, in-tract public improvements constructed by Shea Homes Limited Partnership:

1. In-Tract Public improvements are hereby accepted for maintenance.

2. The Maintenance Bond is hereby accepted.

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

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

Page 59 of 962 ends

Page 2 of 2 ends

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 10th day of December 2024, by the following vote:

Page 60 of 962 ends

CITY COUNCIL AGENDA ITEM NO. F.5
12/10/2024
SUBJECT: Informational Report on Final Map of Subdivision No. 9574, Hanson Lane, developed by Meritage Homes, Inc.

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

TITLE/RECOMMENDATION
Receive and file an Informational Report on Final Map approval by the City Manager of Subdivision No. 9574, Hanson Lane, developed by Meritage Homes, Inc., located at 251 Hanson Lane (018-231-034).

FISCAL IMPACT
This report is informational only and does not authorize any funds to be spent.

BACKGROUND
When a developer seeks to subdivide property into multiple parcels for sale to different owners, the developer first must seek City approval of a tentative map. The tentative map is then approved subject to various conditions (Conditions of Approval) that the City imposes on the project. A second step in the process requires the approval of a final map before the tentative map expires.

Final maps must be prepared by a licensed land surveyor or certain registered engineers. Like tentative maps, final maps include a host of information including survey data, the numbering or lettering of each parcel within the subdivision, the identification of any public streets or easements, the dedication of land or easements where required, and the exterior boundaries of the subdivision.

The City Engineer then reviews the final map and ensures that:
 the subdivision shown on it is substantially the same as that which the City previously authorized through approval of the tentative map (or that it includes any approved alterations),
 all relevant state and local laws regarding subdivisions have been met (including those in the Subdivision Map Act and Brentwood Municipal Code), and

Page 61 of 962 ends

CITY COUNCIL AGENDA ITEM NO. F.5
12/10/2024
 the map is technically correct.

Once this review is finished, the City Engineer signs a certification of these findings and sends the certified final map to the City Manager, who must formally approve or disapprove the map. After the City Engineer signs the map certification, the law says that the City Manager’s approval is ministerial, which means no discretion can be applied, and the City Council is informed of the final map’s approval.

In accordance with Subdivision Map Act Section 66462(d) and Brentwood Municipal Code Section 16.166.010, any required improvements, such as sidewalks or public streets, that will not be built by the time of final map approval, the developer to either (a) enter into a subdivision improvement agreement under which the developer agrees to complete this work itself, or (b) take other steps to ensure the improvements are finished. The Brentwood Municipal Code authorizes the City Manager to sign subdivision improvements agreements.

This last step of the map process is the subject matter of this agenda item. In compliance with State Subdivision Map Act Section 66458(d) and Brentwood Municipal Code Section 16.165.030, the Hanson Lane project Final Map and associated Subdivision Improvement Agreement have been approved. Tentative Subdivision Map No. 9574, upon which this Final Map is based, was approved by the City Council Resolution No. 2023-130, on October 24, 2023.

This Final Map has been checked for conformance with the approved Tentative Subdivision Map and dedications for the appropriate roadways, parcels and easements have been offered. This subdivision consists of 94 single-family residential units.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable

Page 62 of 962 ends

CITY COUNCIL AGENDA ITEM NO. F.5
12/10/2024

ENVIRONMENTAL DETERMINATION
Not Applicable

ALTERNATIVE OPTION(S)
Not Applicable

ATTACHMENT(S)

1. Previous Action

2. Site Map

3. Approved Final Map

Page 63 of 962 ends

Attachment 1

On September 9, 2003, the City Council adopted Ordinance No. 759, authorizing the City Manager to approve final subdivision maps and execute subdivision improvement agreements.

On, September 19, 2023, by Resolution No. 23-030, the Planning Commission approved vesting tentative Subdivision Map No. 9574.

On, October 24, 2023, by Resolutions No. 2023-130, the City Council approved vesting tentative Subdivision Map No. 9574.

Page 64 of 962 ends

TRAIL CT

TRESCH RD

JANE WAY

PA JARITO CT

BEDFO RD LN

COYOTE CT

TRAILSIDE DR

BONITA WAY

CARROL CT BEATRICE CT

HEARTLAND CIR

ARROYO SECO RD

CREE K TRA IL CT

IPARQ WAY

HOMECOMING WAY

TW ILIGHT CT

SUNSET RD

FOXBORO CT

CERRITOSR
D

LAIRD PL

HANSON LN

NORWOOD CT

LONE TREE WAY

ELKINS W AY

BEVERLY PL
Final Map
Hanson Lane, Subdivision No. 9574
Developed by Meritage Homes, Inc.
-
Document Path: W:\mxd\Staff Report M aps\9574 Final Map.mxd 9574

CITY LIMIT

CITY OF BRENTWOOD

CORPORATION YARD

SUNSET ATHLETIC MARSH CREEK CHANNEL

COMPLEX

WASTE WATER

TREATMENT PLANT

Page 65 of 962 ends

1 OWNER'S STATEMENT

OWNER'S ACKNOWLEDGMENT

SURVEYOR'S STATEMENT

RECORDER'S STATEMENT

OWNER'S ACKNOWLEDGMENT

CLERK OF THE BOARD OF SUPERVISORS

STATEMENT
SUBDIVISION 9574

HANSON LANE
CONSISTING OF 13 SHEETS
BEING A SUBDIVISION OF A PORTION OF THE SOUTHWEST 1/4 OF SECTION 6, T.1N., R.3E., M.D.B.&M. AND BEING FURTHER DESCRIBED IN THAT GRANT DEED RECORDED AS DOCUMENT NO. 2023-0116463, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 2462-030 SHEET OF 13

Page 66 of 962 ends

2 SUBDIVISION 9574

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 2462-030 SHEET OF 13

SOILS REPORT

CITY ENGINEER'S STATEMENT
SIGNATURE OMISSION NOTE:

CITY COUNCIL STATEMENT

CERTIFICATE OF DEDICATION FOR SAME PUBLIC

PURPOSE

CITY MANAGER'S STATEMENT

CITY SURVEYOR'S STATEMENT

Page 67 of 962 ends

LONE TREE WAY

BEVERLY PLACE

HANSON LANECERRITOS ROAD

BONITA WAY ARROYO SECO ROAD

COUNTY OF CONTRA COSTA

CITY OF BRENTWOOD
3 100'

GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
SUBDIVISION 9574

HANSON LANE
SCALE: 1" =
CONSISTING OF 13 SHEETS
BEING A SUBDIVISION OF A PORTION OF THE SOUTHWEST 1/4 OF SECTION 6, T.1N., R.3E., M.D.B.&M. AND BEING FURTHER DESCRIBED IN THAT GRANT DEED RECORDED AS DOCUMENT NO. 2023-0116463, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
BASIS OF BEARINGS:

LEGEND
REFERENCES:

JOB NO. 2462-030 SHEET OF 13
NOTES: HOMECOMING WAY

Page 68 of 962 ends

56 9
10 11 7 8
12 HANSON LANE

BONITA WAY

LONE TREE WAY
47 48
13 46
12 11
109876
25 22
23 24
27 26
14 28
18 15
16 17
20 19
21 45
31 29
30 33
32 34 43 42
44 41 40
61 63 62 64 66
68 69
35 36 37 38 39
52 55 56 57 58 59
92 91
94 93
71 73
72 70
90 89
50 49
51 53 54
67 65
85 79
82 83
84 81
80 74
78 76
75 77
87 86
88 35412
60 PARCEL D PARCEL A

PARCEL B MEGANOS ROAD ADMIRAL COURT

BLOOMFIELD WAY

SWALLOWTAIL

COURT CATERPILLAR LANE RIVAS DRIVE VICEROY WAYHANSON LANE

LONE TREE WAY PARCEL C CERRITOS ROAD
BEVERLY PLACE 4
100'

GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
SUBDIVISION 9574

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
BASIS OF BEARINGS:

LEGEND
NOTES:

REFERENCES:

JOB NO. 2462-030 SHEET OF 13

Page 69 of 962 ends

35412
79 78
76 75
77 SEE SHEET 6 SEE SHEET 7 PARCEL A MEGANOS ROAD

HANSON LANE
HANSON LANE 5
30'

GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
SUBDIVISION 9574

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
BASIS OF BEARINGS:

NOTES:

JOB NO. 2462-030 SHEET OF 13
LEGEND
REFERENCES:

Page 70 of 962 ends

74 72
94 70
71 93
92 73
SEE SHEET 5 SEE SHEET 12
SEE SHEET 8

PARCEL D
92 94
93 74
71 73
72 70 SEE SHEET 7
PARCEL D MEGANOS ROAD VICEROY WAY BEVERLY PLACE 6
30'

GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
SUBDIVISION 9574

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 2462-030 SHEET OF 13
BASIS OF BEARINGS:

NOTES:

LEGEND
REFERENCES:

Page 71 of 962 ends

82 81
80 85
84 86 83
87 88
SEE SHEET 5
SEE SHEET 12

PARCEL A
SEE SHEET 6 SEE SHEET 6

ADMIRAL COURT HANSON LANE
7 30'

GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
SUBDIVISION 9574

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 2462-030 SHEET OF 13
BASIS OF BEARINGS:

NOTES:

LEGEND
REFERENCES:

Page 72 of 962 ends

8 7
6 21
20 23
22 35
52 69
68 66
SEE SHEET 6
SEE SHEET 9 SEE SHEET 11 SEE SHEET 12

PARCEL D
50 49
51 53
67 65 MEGANOS ROAD

BLOOMFIELD WAY RIVAS DRIVE

VICEROY WAY BONITA WAY
8 30'

GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
SUBDIVISION 9574

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 2462-030 SHEET OF 13
BASIS OF BEARINGS:

NOTES:

LEGEND
REFERENCES:

Page 73 of 962 ends

13 12
11 109
14 15
16 17
18 19
28 27
26 25
24 29
30 31
32 33
34 SEE SHEET 8 SEE SHEET 10 MEGANOS ROAD RIVAS DRIVE

LONE TREE WAY

LONE TREE
WAY 9
30'

GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
SUBDIVISION 9574

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
BASIS OF BEARINGS:

NOTES:

JOB NO. 2462-030 SHEET OF 13
LEGEND
REFERENCES:

Page 74 of 962 ends

46 47
48 44 45
43 42 41 40
SEE SHEET 11 SEE SHEET 9

PARCEL C

SWALLOWTAIL COURT

CATERPILLAR LANE

LONE TREE WAY
10 30'

GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
SUBDIVISION 9574

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 2462-030 SHEET OF 13
BASIS OF BEARINGS:

NOTES:

LEGEND
REFERENCES:

Page 75 of 962 ends

36 37 38 39
57 58 59 56 55
SEE SHEET 10 SEE SHEET 8

PARCEL C
SEE SHEET 12
54 PARCEL B

BLOOMFIELD WAY

CATERPILLAR LANE
11 30'

GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
SUBDIVISION 9574

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 2462-030 SHEET OF 13
BASIS OF BEARINGS:

NOTES:

LEGEND
REFERENCES:

Page 76 of 962 ends

64 63
62 61
60 89
90 91 SEE SHEET 8 SEE SHEET 7
SEE SHEET 11

PARCEL B
PARCEL A SEE SHEET 6 VICEROY WAY HANSON LANE
12 30'

GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
SUBDIVISION 9574

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 2462-030 SHEET OF 13
BASIS OF BEARINGS:

NOTES:

LEGEND
REFERENCES:

Page 77 of 962 ends

13 SUBDIVISION 9574

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 2462-030 SHEET OF 13

ADDITIONAL INFORMATION SHEET
NOTES

Page 78 of 962 ends

CITY COUNCIL AGENDA ITEM NO. F.6
12/10/2024
SUBJECT: Accept the work performed by and file a Notice of Completion for Ghilotti Bros., Inc. for Lone Tree Way Roadway Improvements Phase I, CIP Project No. 336-31701.

DEPARTMENT: Engineering Department
STAFF: Allen Baquilar, Director of Engineering/City Engineer Vatsal Patel, Engineering Manager
Brant Wilson, Senior Associate Engineer

TITLE/RECOMMENDATION
Adopt a Resolution accepting the work performed by Ghilotti Bros., Inc (“Contractor”) for the Lone Tree Way Roadway Improvements Phase I CIP Project No. 336-31701, (“Project”); and requesting the City Clerk to file a Notice of Completion with the County Recorder.

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

Contractor Final Contract Amount Council Approved Amount (Including Contingency)
Ghilotti Bros., Inc. $2,291,713.22 $2,336,446.14
The final contract cost is approximately 2% less than the City Council approved amount. The Project is included in the 2024/25 - 2028/29 Capital Improvement Program and funded by Roadway Development Impact Fees.

BACKGROUND
This Project consists of three Phases. Phase I constructed infrastructure and pedestrian safety improvements along Smith Road (from O’Hara Lane to Big Basin Drive), O’Hara Lane (from O’Hara Road to Smith Road), and Lone Tree Way (from O’Hara Avenue to Smith Road).

These infrastructure and pedestrian safety improvements included the widening and construction of sidewalk, ADA compliant curb ramps, curb and gutter; extension of

Page 79 of 962 ends

CITY COUNCIL AGENDA ITEM NO. F.6
12/10/2024
the storm drain system including constructing bioretention basin areas for treating stormwater; surface facility adjustment; pavement repair and reconstruction; traffic signs and striping; and installation of a new sound wall and fences.

The completion of the Project was essential for the new school, Isaac R. Montanez Elementary, which opened in July 2024.

The Contractor completed all improvements on October 11, 2024, per the contract documents. Staff is recommending acceptance of the work performed by the Contractor and the Notice of Completion be filed with the County Recorder. A Notice of Completion documents the official date that a given construction project is found to be complete and shortens the deadlines for filing a construction lien or serving a stop payment notice.

Phase II is currently in design and is anticipated to start construction this summer 2025. It will include widening of Lone Tree Way, relocation of existing overhead utilities to be underground, improve the storm drain system, removal of PG&E poles, improved pedestrian access on Lone Tree Way and Smith Road, and the installation of a traffic signal to improve traffic flow.

Phase III will continue to widen Lone Tree Way depending on successful acquisition of the public right-of-way, funding, and the progress of new development along Lone Tree Way.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

ENVIRONMENTAL DETERMINATION
A Notice of Exemption was filed with the Contra Costa County Clerk Recorder on April 19, 2024.

Page 80 of 962 ends

CITY COUNCIL AGENDA ITEM NO. F.6
12/10/2024

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation.

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

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

ATTACHMENT(S)

1. Previous Action

2. Photographs

3. Resolution

4. Notice of Completion

Page 81 of 962 ends

On June 13, 2023, by Resolution No. 2023-80, the City Council adopted the 2023/24- 2027/28 Capital Improvement Program (CIP), which included the Lone Tree Way Roadway Improvements (Phase 1), CIP Project No. 336-31701, (“Project”).

On May 14, 2024, by Resolution No. 2024-50, the City Council approved the contract documents, awarded the bid and authorized the City Manager or designee to execute a construction contract and necessary documents for the Project with Ghilotti Bros., Inc. as the lowest responsible and responsive bidder in the amount of $2,031,692.30, plus funding authorization for a 15% contingency of $304,753.84, for a total funding authorization not to exceed amount of $2,336,446.14.

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Acceptance of Lone Tree Way Roadway Improvements (Phase I) CIP Project No. 336-31701

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD ACCEPTING THE WORK PERFORMED BY GHILOTTI
BROS., INC. FOR THE LONE TREE WAY IMPROVEMENTS PROJECT
(PHASE I), CIP PROJECT NO. 336-31701; AND REQUESTING THE

CITY CLERK TO FILE A NOTICE OF COMPLETION WITH THE

COUNTY RECORDER
WHEREAS, on June 13, 2023, by Resolution No. 2023-80, the City Council adopted the 2023/24-2027/28 Capital Improvement Program (“CIP”), which included the Lone Tree Way Roadway Improvements (Phase 1), CIP Project No. 336-31701 (Project”); and
WHEREAS, on May 14, 2024, by Resolution No. 2024-50, the City Council approved the contract documents, awarded the bid and authorized the City Manager or designee to execute a construction contract and necessary documents the Project with Ghilotti Bros., Inc. (“GBI”) as the lowest responsible and responsive bidder in the amount of $2,031,692.30, plus funding authorization for a 15% contingency of $304,753.84, for a total funding authorization not to exceed amount of $2,336,446.14; and
WHEREAS, this Project constructed infrastructure and pedestrian safety improvements along Smith Road (from O’Hara Lane to Big Basin Drive), O’Hara Lane (from O’Hara Road to Smith Road), and Lone Tree Way (from O’Hara Avenue to Smith Road); and
WHEREAS, these infrastructure and pedestrian safety improvements included widening and construction of sidewalk, ADA compliant curb ramps, curb and gutter; extension of the storm drain system including constructing a bioretention areas; surface facility adjustment; slurry seal, hot mix asphalt mill and fill, and full depth pavement section reconstruction; signing and striping; and installation of a new sound wall and fences; and
WHEREAS, GBI completed all improvements on October 11, 2024, per the contract documents; and
WHEREAS, staff is recommending that the work performed by the Contractor be accepted and the Notice of Completion filed with the County Recorder.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby accept the work performed by Ghilotti Bros., Inc. for the Lone Tree Way Roadway Improvements (Phase I), CIP Project No. 336-31701; and request the City Clerk to file a Notice of Completion with the County Recorder.

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PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 10th day of December 2024 by the following vote:

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Recording Requested By:

City of Brentwood
When Recorded Mail To:

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

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

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

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

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

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

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

X Fee Ownership __ Lessee __ Other:__________________

5. Construction work on the Project performed on City’s behalf is generally described as follows: Lone Tree Way Roadway Improvements (Phase I), CIP Project No. 336-31701.

6. The name of the original Contractor for the Project is: Ghilotti Bros., Inc.

7. The Project was accepted as complete on: October 11, 2024.

8. This Project constructed infrastructure and pedestrian safety improvements along Smith Road (from O’Hara Lane to Big Basin Drive); O’Hara Lane (from O’Hara Road to Smith Road); and Lone Tree Way (from O’Hara Avenue to Smith Road). These infrastructure and pedestrian safety improvements included: widening and construction of sidewalk, ADA compliant curb ramps, curb and gutter; extension of the storm drain system including constructing a bioretention areas; surface facility adjustment; slurry seal, hot mix asphalt mill and fill, and full depth pavement section reconstruction; signing and striping; and installation of a new sound wall and fences.

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

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

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CITY COUNCIL AGENDA ITEM NO. F.7
12/10/2024
SUBJECT: Notice of Completion for work performed by Landscape Structures, Inc. for the Homecoming Park Playground
Replacement Project, CIP Project No. 352-52447.

DEPARTMENT: Parks and Recreation
STAFF: Aaron Wanden, Parks Maintenance Manager
Brian Johnson, Park Maintenance Supervisor
Elaine McGurk, Project Services Specialist

TITLE/RECOMMENDATION
Adopt a Resolution accepting the work performed by Landscape Structures, Inc. for the Homecoming Park Playground Replacement Project, CIP Project No. 352-52447, and File a Notice of Completion with the County Recorder.

FISCAL IMPACT
The total contract amount for the work performed by Landscape Structures, Inc. is as follows:

Contractor Final Amount Council Approved Amount
Landscape Structures, Inc. $286,232.18 $315,739.80
The final amount spent for the work performed was $29,507.62 or 10% below the approved amount for this contract. This project was funded by the Parks and Landscape and Lighting Assessment District Replacement Fund.

BACKGROUND
Homecoming Park was constructed in 1999 and included two bays, an area with swings and the main playground area. The main playground footprint included play equipment for groups ages 2–5 and 5–12 years. Staff requested only the main playground area to be replaced.

The projected replacement was based on the industry standard 15-20 years warranty period and life expectancy for play structures of this type. The structures showed signs of excessive wear and tear on the features, as well as color fade due to age and exposure to the elements.

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CITY COUNCIL AGENDA ITEM NO. F.7
12/10/2024
On September 8, 2023, Parks and Recreation staff members, along with Park and Recreation Ad-Hoc Subcommittee members Commissioners Blythe Lind and Norm Cohen, reviewed the initial conceptual designs submitted by three separate vendors that included Park Planet (Playcraft), Landscape Structures, Inc. (LSI), and PlaySpec (SPEC). After reviewing various renditions provided by each of the three vendors, LSI was able to provide the most challenging and unique conceptual designs for the play structures as requested. Each element included was carefully selected to ensure it was inclusive and beneficial for all children. Following feedback from staff and the Homecoming Park Playground Replacement Ad-Hoc Subcommittee, the vendor finetuned the conceptual plans to include two rubberized surfacing paths on each side of the bay and shortening the length of all beams to be uniform.

The final conceptual plans were presented to the Park and Recreation Commission at its meeting on Thursday, September 28, 2023. The Park and Recreation Commission unanimously agreed on the project design and to make the recommendation to the City Council to approve the concept plan.

The Park and Recreation Commission’s recommendation to purchase the playground apparatus from LSI was approved by the City Council on December 16, 2023.

The Notice to Proceed was issued to LSI on March 18, 2024 with the start date of March 20, 2024. A no-cost change order was approved to extend the completion date due to a delay in manufacturing. Staff completed the demolition and prepared the site for installation of equipment.

Installation of the new playground equipment took place mid-September, and was completed on October 11, 2024. LSI has met its contractual obligations, and staff is recommending that the work performed by LSI be accepted and the Notice of Completion be filed with the County Recorder. Below are photos of the completed project.

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CITY COUNCIL AGENDA ITEM NO. F.7
12/10/2024

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CITY COUNCIL AGENDA ITEM NO. F.7
12/10/2024

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

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

1. If the City Council does not approve staff’s recommendation, staff will not be able to close out this project.

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

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

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CITY COUNCIL AGENDA ITEM NO. F.7
12/10/2024

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Notice of Completion

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On June 3, 2023, by Resolution 2023-80, City Council adopted the 2023/24 – 2027/28 Capital Improvement (CIP) which included the Homecoming Park Playground Replacement Project, CIP Project No. 352-52447(the “Project”).

On June 3, 2023, by Resolution 2023-80, City Council adopted the amended 2023/24 Operating Budget.

On December 12, 2023, by Resolution 2023-141, City Council 1) approved the purchase and installation of playground equipment for Homecoming Park, and authorized the City Manager or designee to execute a contract, and necessary documents, in the amount of $287,036.18, plus funding authorization for a 10% contingency amount of $28,703.62, for a total funding authorization not to exceed amount of $315,739.80 with Landscape Structures, Inc. through a Sourcewell Cooperative Purchasing Agreement for Homecoming Park Playground Replacement, CIP Project No. 352-52447; 2) amended the 2023/24 – 2027/28 Capital Improvement Program (CIP); and 3) amended the 2023/24 Operating Budget for the associated project funding transfer.

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD ACCEPTING THE WORK PERFORMED BY
LANDSCAPE STRUCTURES, INC. FOR THE HOMECOMING PARK
PLAYGROUND REPLACEMENT PROJECT, CIP PROJECT NO. 352-
52447, AND FILE A NOTICE OF COMPLETION WITH THE COUNTY

RECORDER
WHEREAS, in 1999 Homecoming Park was constructed and included two bays with the main playground footprint including play equipment for groups ages 2-5 and 5-12 and this project replacement is based on the industry standards of 15-20 years warranty period and life expectancy for play structures of this type; and WHEREAS, on June 3, 2023, by Resolution 2023-80, City Council adopted the 2023/24 – 2027/28 Capital Improvement (CIP) which includes the Homecoming Park Playground Replacement Project, CIP Project No. 352-52447(the “Project”); and WHEREAS, on June 3, 2023, by Resolution 2023-80, City Council adopted the amended 2023/24 Operating Budget; and
WHEREAS, staff solicited conceptual plans and quotes for the Project on July 12, 2023, and three (3) conceptual plans with quotes were received on August 25, 2023; and
WHEREAS, on September 8, 2023, Parks and Recreation staff members met with the Park Playground Ad-Hoc Subcommittee members Commissioners Cohen and Lind to review the initial conceptual designs submitted by three separate vendors which included Park Planet (Playcraft), Landscape Structures, Inc. (LSI), and Playspec (SPEC); and
WHEREAS, the Ad-Hoc Subcommittee members selected the LSI conceptual design and requested a few revisions that included two rubberized surfacing paths on each side of the bay and shorter beams on the play structures; and WHEREAS, on September 28, 2023, the Park and Recreation Commission approved the revised conceptual plans that included two rubberized surfacing paths on each side of the bay and shorter beams on play structures; and WHEREAS, on December 12, 2023, by Resolution 2023-141, City Council 1) approved the purchase and installation of playground equipment for Homecoming Park, and authorized the City Manager or designee to execute a contract, and necessary documents, in the amount of $287,036.18, plus funding authorization for a 10% contingency amount of $28,703.62, for a total funding authorization not to exceed amount of $315,739.80 with Landscape Structures, Inc. through a Sourcewell Cooperative Purchasing Agreement for Homecoming Park Playground Replacement, CIP Project No. 352-52447; 2) amended the 2023/24 – 2027/28 Capital Improvement

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Page 2 of 2 ends

Program (CIP); and 3) amended the 2023/24 Operating Budget for the associated project funding transfer; and
WHEREAS, LSI completed installation of the Project on October 11, 2024 and has met its contractual obligation, and staff is recommending that the work performed by LSI for the Project be accepted, and the Notice of Completion filed with the County Recorder.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby approve a Resolution of the City Council of the City of Brentwood accepting the work performed by Landscape Structures, Inc. for the Homecoming Park Playground Replacement Project, CIP Project No. 352-52447 and File a Notice of Completion with the County Recorder.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on December 10, 2024 by the following vote:

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NOTICE OF COMPLETION
Recording Requested By:

City of Brentwood
When Recorded Mail To:

City Clerk
City of Brentwood
150 City Park Way
Brentwood, CA 94513
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

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

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

2. City’s full name is the City of Brentwood.

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

4. The nature of City’s interest in the Project is:
_X_ Fee ownership __ Lessee __ Other:________________________

5. Construction work on the Project performed on City’s behalf is generally described as follows: Homecoming Park Playground Replacement, CIP Project No. 352-52447

6. The name of the original Contractor for the Project is: Landscape Structures, Inc.

7. The Project was completed on: October 11, 2024

8. The Project is located at: 2040 Homecoming Way, Brentwood, CA 94513 Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. __________________________ ________________________________ Date Amanda McVey, City Clerk
City of Brentwood, CA

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CITY COUNCIL AGENDA ITEM NO. F.8
12/10/2024
SUBJECT: Approve Amendment No. 2 to the Agreement for Park Restroom Cleaning and Trash Receptacle Maintenance Services with Terracare Associates for a two-year term through December 31, 2026.

DEPARTMENT: Parks and Recreation
STAFF: Brian Johnson, Park Maintenance Supervisor
Aaron Wanden, Parks Maintenance Manager
Bruce Mulder, Director of Parks and Recreation

TITLE/RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. 2 to the Agreement for Park Restroom and Trash Receptacle Maintenance Services with Terracare Associates for a two-year term from January 1, 2025 – December 31, 2026 in the amount of $491,065.56, plus funding authorization for a 5% contingency of $24,553.28, and authorize the City Manager or designee to approve necessary documents for the base bid, extra work, and extensions as appropriate.

FISCAL IMPACT
The fiscal impact for the Park Restroom Cleaning and Trash Receptacle Maintenance Services agreement with Terracare Associates (“Agreement”) is $491,065.56 plus a 5% contingency of $24,553.28, for a total amount of $515,618.84 over two years.

The contract amount will be funded by the Citywide Park Assessment District Fund ($39,285), the Landscape and Lighting Assessment Districts Fund ($338,836), and the General Fund ($112,945). The costs for park restroom cleaning and trash receptacle maintenance services are included in the FY 2024/25 – 2025/26 Operating Budget. The cost of the portion of this amendment covering July 2026 to December 2026 will be requested in the 2026/27-2027/28 Operating Budget process.

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CITY COUNCIL AGENDA ITEM NO. F.8
12/10/2024
The overall not to exceed Agreement amount, including the funding authorization for contingencies, for the 6-year period is $1,386,737.15, broken down as follows:

Fiscal Year
Agreement
Amount Contingency
Total Amount
Not to Exceed
Original Agreement
2020/21 (Jan-Jun) $89,000.00 $4,450.00 $ 93,450.00
2021/22 $183,340.00 $9,167.00 $192,507.00
2022/23 (July – Dec) $94,420.10 $4,721.00 $99,141.10
Subtotals $366,760.10 $18,338.00 $385,098.10
Amendment 1
2023/24 (Jan – Jun) $112,324.10 $5,616.21 $117,940.31
2023/24 $231,387.65 $11,569.38 $242,957.03
2024/2025 (July – Dec) $119,164.64 $5,958.23 $125,122.87 Subtotals Amend. 1 $462,876.39 $23,143.82 $486,020.21
Amendment 2
2024/25 (Jan – Jun) $119,164.64 $5,958.23 $125,122.87
2025/26 $245,479.16 $12,273.96 $257,753.12
2026/2027 (July – Dec) $126,421.76 $6,321.09 $132,742.85 Subtotals Amend. 2 $491,065.56 $24,553.28 $515,618.84
TOTALS $1,320,702.05 $66,035.10 $1,386,737.15

BACKGROUND
The heavy use of parks throughout the City requires the services of a contractor to provide regularly scheduled park restroom cleaning and trash receptacle maintenance services in order to maintain a clean and safe environment.

On October 1, 2020, Parks and Recreation staff distributed a Request for Proposals (RFP) for Park Restroom Cleaning and Trash Receptacle Maintenance Services to twenty-one (21) landscape maintenance, janitorial services, and non-profit organizations that have expressed interest in this type of work. Three proposals were received. On December 8, 2020, City Council approved and authorized the City Manager or designee to execute an Agreement for Park Restroom Cleaning and Trash Receptacle Maintenance Services with Terracare Associates for a two-year term from January 1, 2021 – December 31, 2022 in the amount of $366,760.10, plus a 5% contingency of $18,338.00, for a total not to exceed amount of $385,098.10.

This Agreement included provisions allowing the City Manager to amend the Agreement to extend it for up to two additional two-year periods, or parts thereof based upon a satisfactory review of Contractor’s performance, City needs, and

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CITY COUNCIL AGENDA ITEM NO. F.8
12/10/2024
appropriation of funds from City Council. On November 8, 2022, City Council approved Amendment No. 1 which extended and funded the Agreement through December 31, 2024. Since that time, Terracare has continued to perform the services satisfactorily.

As one new park has been accepted since the previous amendment, and additional trash receptacles and mutt mitt stations have been installed along several other areas, it is necessary to amend the scope of work and fee schedule for this Agreement to accommodate the additional work.

Staff recommends that City Council approve Amendment No. 2 to the Agreement with Terracare Associates to extend the term through December 31, 2026, fund the Agreement, and to include the additional sites and quantities as described below.

Receptacles:

Magpie Park – 3 trash
Arbor View Trail at O’Hara Entrance – 1 mutt mitt
Dakota Trail – 3 trash and 1 mutt mitt
Balfour/Griffith Corner – 1 trash

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)
Alternative Options to the Staff Recommendation:

1. Do not approve staff’s recommendation and the agreement for these services will end on December 31, 2024.

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

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CITY COUNCIL AGENDA ITEM NO. F.8
12/10/2024

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Amendment No. 2

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On December 8, 2020, by Resolution 2020-151, City Council approved and authorized the City Manager or designee to execute an Agreement for Park Restroom Cleaning and Trash Receptacle Maintenance Services with Terracare Associates for a two-year term from January 1, 2021 – December 31, 2022 in the amount of $366,760.10, plus a 5% contingency of $18,338.00, for a total not to exceed amount of $385,098.10 and authorized the City Manager or designee to approve necessary documents for the base bid, extra work, and extensions as appropriate.

On June 28, 2022, by Resolution 2022-86, City Council adopted the 2022/23 – 2023/24 Operating Budget.

On November 8, 2022, by Resolution 2022-139, City Council approved and authorized the City Manager or designee to execute Amendment No. 1 to the Agreement for Park Restroom Cleaning and Trash Receptacle Maintenance Services with Terracare Associates for a two-year term from January 1, 2023 – December 31, 2024 in the amount of $462,877, plus a 5% contingency of $23,144, for a total not to exceed amount of $486,021 and authorized the City Manager or designee to approve necessary documents for the base bid, extra work, and extensions as appropriate.

On June 25, 2024, by Resolution 2024-73, City Council adopted the FY 2024/25 – 2025/26 Operating Budget.

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING AND AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO EXECUTE AMENDMENT NO. 2 TO THE

AGREEMENT FOR PARK RESTROOM CLEANING AND TRASH

RECEPTACLE MAINTENANCE SERVICES WITH TERRACARE
ASSOCIATES FOR A TWO-YEAR TERM FROM JANUARY 1, 2025 –
DECEMBER 31, 2026 IN THE AMOUNT OF $491,065.56, PLUS
FUNDING AUTHORIZATION FOR A 5% CONTINGENCY OF
$24,553.28, FOR A TOTAL NOT TO EXCEED AGREEMENT AMOUNT
OF $515,618.84 AND AUTHORIZE THE CITY MANAGER OR

DESIGNEE TO APPROVE NECESSARY DOCUMENTS FOR THE BASE

BID, EXTRA WORK, AND EXTENSIONS AS APPROPRIATE
WHEREAS, on October 1, 2020, Parks and Recreation staff distributed a Request for Proposals for Park Restroom Cleaning and Trash Receptacle Services; and
WHEREAS, on December 8, 2020, by Resolution 2020-151, City Council approved and authorized the City Manager or designee to execute an Agreement for Park Restroom Cleaning and Trash Receptacle Maintenance Services with Terracare Associates for a two-year term from January 1, 2021 – December 31, 2022 in the amount of $366,760.10 (“Agreement”), plus a 5% contingency of $18,338.00, for a total not to exceed amount of $385,098.10 and authorized the City Manager or designee to approve necessary documents for the base bid, extra work, and extensions as appropriate; and
WHEREAS, on June 28, 2022, by Resolution 2022-86, City Council adopted the 2022/23 – 2023/24 Operating Budget; and
WHEREAS, on November 8, 2022, by Resolution 2022-139, City Council approved and authorized the City Manager or designee to execute Amendment No. 1 to the Agreement for Park Restroom Cleaning and Trash Receptacle Maintenance Services with Terracare Associates for a two-year term from January 1, 2023 – December 31, 2024 in the amount of $462,877, plus a 5% contingency of $23,144, for a total not to exceed amount of $486,021 and authorized the City Manager or designee to approve necessary documents for the base bid, extra work, and extensions as appropriate; and
WHEREAS, on June 25, 2024, by Resolution 2024-73, City Council adopted the FY 2024/25 – 2025/26 Operating Budget; and
WHEREAS, Terracare Associates has been very satisfactory in carrying out the services to date; and

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WHEREAS, City and Contractor have agreed to an updated Scope of Work and fee schedule to reflect additional park restrooms, trash receptacles and mutt mitt stations.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby approves and authorizes the City Manager or designee to execute Amendment No. 2 to the Agreement for Park Restroom Cleaning and Trash Receptacle Maintenance Services with Terracare Associates for a two-year term from January 1, 2025 – December 31, 2026 in the amount of $491,065.56, plus funding authorization for a 5% contingency of $24,553.28, for a total not to exceed Agreement amount of $515,618.84 and authorizes the City Manager or designee to approve necessary documents for the base bid, extra work, and extensions as appropriate.

The total not to exceed Agreement amount, including the funding authorization for contingencies, for the 6-year period is $1,386,737.15, broken down as follows:

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1 City Attorney Approved Version 040821
AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR PARK RESTROOM

CLEANING AND TRASH RECEPTACLE MAINTENANCE SERVICES
[Terracare Associates]
This Amendment No. 2 is entered into as of the ____ day of __________________, 2024, and effective as of January 1, 2025, extending and amending the agreement dated December 8, 2020 (the “Agreement”) by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and Terracare Associates, a Limited Liability Company (“Contractor") (collectively, the “Parties”) for park restroom cleaning and trash receptacle maintenance services.

RECITALS
A. On November 8, 2022, the Parties executed Amendment No. 1 to the Agreement to extend and fund the Agreement for a period of two (2) years; and B. The Parities desire to alter the Agreement’s scope of work, and to extend and fund the Agreement for an additional two (2) years, through December 31, 2026; and C. The Parties have negotiated and agreed to a revised scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit “A,” Scope of Services and Fee.

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

1. The term of the Agreement is hereby extended for a period of two (2) years ending on December 31, 2026.

2. The total amount of compensation to be paid to Contractor under the Agreement is hereby increased by four hundred ninety-one thousand sixty-five dollars and fifty-six cents ($491,065.56) for a total not to exceed Agreement amount of one million three hundred twenty thousand seven hundred two dollars and five cents ($1,320,702.05).

3. Except as amended herein, all other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect.

4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above.

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

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2 City Attorney Approved Version 040821

5. Signatures.

5.1 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.

5.2 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.

CONTRACTOR:

By:

Brian Helgoe, CFO/Managing Member
By:

Justin Stewart, Vice President
CITY:

By:

Tim Y. Ogden, City Manager
ATTEST:

By:

Amanda McVey, 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.

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3 City Attorney Approved Version 040821
EXHIBIT “A” - SCOPE OF WORK
PARK RESTROOM CLEANING:

Restroom cleaning is required at the following City locations: Apple Hill Park, Balfour-Guthrie Park, Blue Goose Park, City Park, Creekside Park, Dolphin Park, Garin Park, Oak Meadow Park, Sunset Park, and Veterans Park (“Park(s)”). See chart below indicating the number of buildings, stalls, and urinals at each Park. A list and/or map of the Parks, and the park addresses, can be located at
https://www.brentwoodca.gov/home/showpublisheddocument/3776/637812761726570000.

The restrooms at all Parks are open from 9:00 AM to 9:00 PM. All restrooms need to be cleaned during closed hours (9:01 PM – 8:59 AM) so that they can be open to the public every day starting at 9:00 AM. City staff will provide cleaning services for opening of restrooms on Saturdays and Sundays. Therefore, Contractor will need to clean the restrooms 5 times a week.

All Parks restrooms have onsite storage closets for supplies. City provides all cleaning and toiletry supplies and equipment. City will rely on Contractor to inform City when supplies are running low by contacting Brian Johnson, Park Maintenance Supervisor, via email at [email protected] so that City staff can place a supply order.

Contractor shall complete the following tasks in all Park restrooms: clean toilets, clean sinks, clean mirrors, clean floors, empty trash receptacles, and haul away waste. Contractor shall notify City staff of any vandalism, including graffiti, or obvious repairs that need to be made by contacting the Parks and Recreation Main Office at (925) 516-5444 or via email at [email protected].

Park restrooms have automatic locks on the doors. Contractor will be provided access code(s) and key(s) which must be returned to City at the completion of the Agreement term.

PARK NAME MEN’S RESTROOM(S) WOMEN’S RESTROOM(S)
Apple Hill Park 1 urinal and 1 stall 1 stall
Balfour-Guthrie Park 1 urinal and 1 stall 2 stalls
Blue Goose Park 1 stall 1 stall
City Park 1 urinal and 1 stall 2 stalls
Creekside Park 1 stall 1 stall
Dolphin Park 1 urinal and 1 stall 1 stall
Garin Park 1 stall 1 stall
Oak Meadow Park 1 urinal and 1 stall 2 stalls
Sunset Park 2 restroom buildings, each with 2 urinals
and 1 stall
2 restroom buildings, each with 3 stalls
Veterans Park 1 urinal and 1 stall 3 stalls

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4 City Attorney Approved Version 040821
TRASH RECEPTACLE MAINTENANCE SERVICES SCHEDULE:

Contractor shall monitor, inspect, and empty trash cans at the locations below at the frequencies indicated. While at each site indicated, “Mutt Mitt” dispensers should be inspected and refilled as needed (see locations of Mutt Mitt dispensers below). Contractor shall pick up any trash or litter throughout the parks and trails by inspecting the entire grounds during the scheduled site visits.

From time to time work orders may come in that require immediate attention and Contractor needs to be able to respond to the work order within 24 or 48 hours. Contractor must haul away trash and dispose of it for no charge to the Contractor in the dumpsters allocated at the City of Brentwood Corporation Yard located at 2201 Elkins Way, Brentwood, CA. Contractor shall notify City staff of any vandalism, including graffiti, or obvious repairs that need to be made by contacting the Parks and Recreation Main Office at (925) 516-5444 or via email at [email protected].

City will work with Contractor to coordinate access to the City’s Corporation Yard for disposal of waste.

Contractor will be provided keys to remove the bollards to access trash receptacles. Those keys are to be returned to City at the completion of the Agreement term.

PARK NAME TRASH RECYCLE TOTER
MUTT

MITT DAILY WEEKLY
ALMANOR PARK 2 0 0 0 X
ALMOND PARK 3 2 0 1 X
ALTA PARK 4 0 0 1 X
AMBER PARK 2 0 0 1 X
ANASTASIA PARK 3 1 0 1 X
ANTICA POCKET PARK 2 0 0 1 X
APPLE HILL PARK 9 0 0 2 X
APPALOOSA PARK 1 0 0 1 X
APRICOT PARK 1 0 0 0 X
ARBOR VIEW PARK 6 4 0 1 X
ASPEN PARK 4 0 0 1 X
BALFOUR GUTHRIE PARK 8 5 0 3 X
BELLA FIORE PARK 1 0 0 1 X
BERKSHIRE PARK 1 1 0 1 X
BFAC 8 6 26 0 X
BIG BASIN PARK 2 0 0 0 X
BLACK GOLD PARK 2 1 0 1 X
BLUE GOOSE PARK 5 5 3 1 X
BOONE POCKET PARK 1 0 0 1 X
BOSK POCKET PARK 1 0 0 0 X
BSAC 0 0 0 0
BRENTWOOD SKATE PARK 6 2 0 0 X
BUENA VISTA PARK 2 0 0 1 X

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5 City Attorney Approved Version 040821

PARK NAME TRASH RECYCLE TOTER
MUTT

MITT DAILY WEEKLY
CABOOSE PARK 1 2 0 1 X
CELESTE PARK 4 0 0 1 X
CHERRY PARK 1 1 0 1 X
CHESTNUT POCKET PARK 0 0 0 1 X
CITY PARK 10 7 2 1 X
CORTONA PARK 1 0 0 1 X
CORTONA POCKET PARK 1 0 0 2 X
CREEKSIDE PARK 4 2 0 1 X
CREEKSIDE TRAILHEAD PARK 1 0 0 1 X
CREEKSIDE TRAIL PARK 2 0 0 1 X
CURTIS PARK 1 0 0 0 X
DAKOTA PARK 6 0 0 2 X
DAYTONA PARK 4 0 0 1 X
DOLPHIN PARK 3 2 0 1 X
DRAGONFLY PARK 2 0 0 1 X
EDERA POCKET PARK 1 0 0 1 X
EGRET PARK 4 0 0 1 X
FRUITWOOD PARK 1 0 0 1 X
GARIN PARK 5 0 0 2 X
GEMINI PARK 4 0 0 1 X
GIOTTO POCKET PARK 2 0 0 1 X
GLORY PARK 3 0 0 1 X
GOLDEN POPPY PARK 10 0 0 2 X
GRANVILLE GREEN PARK 7 3 0 3 X
HERON PARK 6 2 0 2 X
HOMECOMING PARK 4 0 0 1 X
IRON HORSE POCKET PARKS 2 0 0 0 X
KALEIDESCOPE PARK 3 1 0 1 X
KESTREL PARK 6 0 0 2 X
KING PARK 7 2 0 3 X
LAKE PARK 1 0 0 0 X
LEXINGTON PARK 1 0 0 0 X
LOMA VISTA PARK 4 1 0 1 X
MAGPIE PARK 3 0 0 0 X
MALLARD PARK 2 0 0 1 X
MARSH CREEK STAGING 2 0 0 1 X
MARSH CREEK VISTA PARK 2 0 0 0 X
McCLARREN PARK 8 0 0 1 X
MEADOWHAWK PARK 2 0 0 1 X
MEDALLION PARK 4 0 0 0 X
MISSION GROVE PARK 2 0 0 1 X

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6 City Attorney Approved Version 040821

PARK NAME TRASH RECYCLE TOTER
MUTT

MITT DAILY WEEKLY
MIWOK PARK 8 3 0 5 X
MONARCH PARK 8 0 0 4 X
MONTE ROSA PARK 5 0 0 1 X
OAK MEADOW PARK 20 7 0 3 X
ORCHARD PARK 4 2 0 1 X
OUTRIGGER POCKET PARKS 2 0 0 2 X
PALMILLA PARK 13 0 0 3 X
PALOMINO PARK 1 1 0 1 X
PEACH PARK 1 1 0 1 X
PELICAN PARK 3 0 0 1 X
PIONEER PARK 8 0 0 2 X
PISTACHIO PARK 4 0 0 1 X
PORTOFINO PARK 2 0 0 1 X
RAINBOWS END PARK 4 0 0 1 X
ROLLING HILLS PARK 2 0 0 1 X
ROSE GARDEN PARK 4 2 0 1 X
SAGE GLEN PARK 3 2 0 2 X
SAWYER POCKET PARK 1 0 0 1 X
SEEDLING PARK 2 2 0 1 X
SPARROW PARK 2 0 0 1 X
SPIRIT PARK 2 2 0 1 X
STEEPLECHASE PARK 3 0 0 1 X
STONEHAVEN PARK 1 0 0 0 X
SYCAMORE PARK 0 4 X
SUMMERSET COMMONS PARK 3 0 0 1 X
SUMMERWOOD PARK 4 0 0 1 X
SUNGOLD PARK 8 0 0 1 X
SUNSET PARK 28 19 21 0 X
TOPAZ PARK 2 1 0 1 X
TOWHEE PARK 2 0 0 1 X
TULARE PARK 2 1 0 1 X
VETERANS PARK 26 10 6 4 X
WALNUT PARK 3 3 0 3 X
WHEATFIELD PARK 3 1 0 1 X
WINDSOR WAY PARK 2 0 0 0 X
YOKUT PARK 6 3 0 1 X
TOTALS 403 110 58 118

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7 City Attorney Approved Version 040821
MISC. RECEPTACLES TRASH RECYCLE TOTER
MUTT

MITT DAILY WEEKLY
ADAMS LN. & GRANT ST. 2 0 0 0 X
ADAMS LN. NORTH OF BIG BASIN
DR. 1 0 0 0 X
ARBOR VIEW TRAIL AT O’HARA 0 0 0 1 X
ARMSTRONG RD. & HUDSON DR. 1 0 0 0 X
ASCOT CT. 1 0 0 0 X
BALFOUR RD. & GRIFFITH LANE 1 0 0 0 X
BALFOUR RD. & GUISE WAY 1 0 0 0 X
BLOOMFIELD CT. 1 0 0 1 X
BLOSSOM CT. 1 0 0 0 X
BREAKWATER CT. 1 0 0 1 X

CORTONA TRAIL OFF CORTONA
WAY 2 0 0 0 X
CREEK RD. (MARSH CREEK
TRAIL) 6 0 0 2 X
DAKOTA TRAIL 3 0 0 1 X
DOWNTOWN 19 0 0 0 X
END OF EAST SAND CREEK RD. 1 0 0 0 X
FAIRVIEW AVE. & ANDUALUCIA
LN. 1 0 0 0 X
FAIRVIEW AVE. & CONCORD
AVE. 1 0 0 1 X
FAIRVIEW AVE. & DECANTER
CIR. 1 0 0 0 X
FAIRVIEW AVE. SOUTH OF
GLADSTONE 1 0 0 0 X
FAIRVIEW AVE. NORTH OF
MIWOK AVE 1 0 0 1 X
FAIRVIEW AVE. & ST. JULIEN ST. 1 0 0 1 X
FAIRVIEW AVE. & WOLFE RD. 1 0 0 0 X
GRANT ST. & EMPIRE AVE. 1 0 0 0 X
GRANT ST. & GARIN PARKWAY 1 0 0 0 X
GRANT ST. & FAIRVIEW 1 0 0 1 X
GRANT ST. & OHARA AVE. 2 0 0 0 X
GRANT ST. & SHADY WILLOW 2 0 0 0 X
GRIDLEY CT. 2 0 0 1 X
JENSEN WAY 1 0 0 0 X
MARSH CREEK STAGING 2 0 0 0 X
MEADOWBROOK DR. 1 0 0 1 X

MINNESOTA NEAR BRISTOW
SCHOOL 1 0 0 1 X
MINNESOTA TRAIL 2 0 0 1 X

NIGHTHAWK WAY & SAGE
SPARROW 1 0 0 0 X
PARKING GARAGE DOWNTOWN 4 0 0 0 X
POPPY DR. 1 0 0 0 X

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8 City Attorney Approved Version 040821
ROSEBROOK TERRACE 1 0 0 1 X
ROSE GARDEN TRAIL 17 0 0 3 X
SAGE GLEN TRAIL 2 0 0 0 X
SELLERS AVE. & MORNINGSIDE
ST. 1 0 0 1 X

SHADY WILLOW & OLD SAND
CREEK 1 0 0 0 X
SUMMER CIRCLE 1 0 0 1 X
TRESCH WAY 1 0 0 0 X
VINEYARDS PARKWAY 4 0 0 2 X
WHEATFIELD CT. 1 0 0 0 X
TOTALS 99 0 0 22

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CITY COUNCIL AGENDA ITEM NO. F.9
12/10/2024
SUBJECT: Purchase one new replacement valve turning truck, and authorize the City Manager or designee to execute any necessary
documents in a total amount not to exceed $249,720.

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

TITLE/RECOMMENDATION
Adopt a Resolution approving the purchase of one new replacement E.H. Wachs valve turning truck for the Water Operations Division from Rush Truck Center in San Diego, CA; and authorizing the City Manager or designee to execute any necessary documents in an amount not to exceed $249,720.

FISCAL IMPACT
The total not to exceed cost for the purchase of the valve turning truck of $249,720 will be funded by the Water Enterprise Fund ($183,700) and Vehicle and Equipment Replacement Fund ($66,020). The budgeted amounts for this purchase are included in the 2024/25 Operating Budget in each fund.

The Vehicle/Equipment Replacement Fund receives annual contributions from City funds in order to ensure sufficient resources are available when replacement is needed. Annual funding in the Operating Budget is provided by the Enterprise Funds (57%), General Fund (38%), and other funds (5%).

BACKGROUND
Water Distribution System: Valve Exercising Program
The City’s water Valve Exercising Program helps ensure the proper function of valves that are critical to maintaining service and to emergency management. Valve exercising helps to minimize problems such as sticking, inoperability and unusual noises. For the most part, exercising involves fully opening and closing the valve to dislodge corrosion or sediment. The City maintains just over 10,000 valves citywide.

Critical valves should be exercised annually. The Water Division continues to recommend that the City exercise all distribution systems valves once every four

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CITY COUNCIL AGENDA ITEM NO. F.9
12/10/2024
years, while increasing the exercising of critical valves to an annual basis. In order to help achieve this goal, an upgrade to the replacement valve turning truck is needed.

The Water Division is requesting to replace the current Ford F250 valve turning truck with a new larger Ford F550 truck with an articulating arm and other onboard features to improve efficiency. In today’s market, the valve turning truck is only sold as a unit with the articulating arm. This added piece of equipment will ensure the Water Division meets regulatory requirements of their Valve Exercising Program per the State’s Division of Drinking Water’s findings during the City’s 2021 Sanitary Survey.

Citywide, the number of new distribution system valves have outpaced the current capacity of the single action valve service body truck. The extended reach valve with articulating arm will allow for multiple valves to be exercised at each location, increasing operator efficiency and safety.

The valve turning truck due for replacement has been in service for over 10 years and currently has over 45,000 miles and more than 3,500 hours on the engine and valve turning system.

Per Purchasing Policy No. 10-7., the City will utilize a cooperative purchasing agreement to purchase the replacement E.H. Wachs valve turner truck, a Sourcewell agreement with Rush Truck Center, Contract No. 032824-RTG. Sourcewell offers a wide variety of commodities, non-IT services and information technology products and services, where participating vendors submit pricing based on bulk government sales. Staff reviewed similar product prices and found Sourcewell prices to be fair and reasonable. Staff requests the approval to purchase the Wachs valve turning truck in the not to exceed amount of $249,720 from Rush Truck Center in San Diego, CA.

This purchase of this equipment/truck complies with Purchasing Policy, No. 10-7 and the Use of Vehicles and Related Equipment Policy, No. 10-9.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Not Applicable.

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CITY COUNCIL AGENDA ITEM NO. F.9
12/10/2024

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

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

1. Do not approve staff’s recommendation.

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

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Quote

Page 113 of 962 ends

On June 25, 2024, by Resolution 2024-73, City Council adopted the FY 2024/25 – 2025/26 Operating Budget.

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING THE PURCHASE OF ONE NEW

REPLACEMENT VALVE TURNING TRUCK, AND AUTHORIZING THE

CITY MANAGER OR DESIGNEE TO EXECUTE ANY NECESSARY
DOCUMENTS IN A TOTAL AMOUNT NOT TO EXCEED $249,720
WHEREAS, on February 14, 2017, by Resolution No. 2017-17, the City Council adopted the amended City Council/Administrative Policy No. 10-9, Policy and Procedures for the Use of Vehicles and Related Equipment (“Vehicle Policy”); and WHEREAS, on June 25, 2024, by Resolution 2024-73, the City Council approved the 2024/25 – 2025/26 Operating Budget; and
WHEREAS, the Purchasing Policy 10-7 requires that purchases or services over $50,000 be approved by City Council; and
WHEREAS, the Water Division is requesting to replace the current Ford F250 valve turning truck with a new larger Ford F550 truck with an articulating arm and other onboard features to improve efficiency; and
WHEREAS, the added articulating arm will ensure the Water Division meets regulatory requirements of their Valve Exercising Program per the State’s Division of Drinking Water’s findings during the City’s 2021 Sanitary Survey; and WHEREAS, the valve turning truck due for replacement has been in service for over 10 years and currently has over 45,000 miles and more than 3,500 hours on the engine and valve turning system; and
WHEREAS, the replacement E.H. Wachs valve turner truck will be purchased in a total not to exceed amount of $249,720 utilizing a Sourcewell cooperative purchasing agreement, Contract No. 032824-RTG, from Rush Truck Center in San Diego, CA; and
WHEREAS, the total not to exceed cost of $249,720 will be funded by the Water Enterprise Fund and Vehicle and Equipment Replacement Fund; and the budgeted amounts for the purchase are included in the 2024/25 – 2025/26 Operating Budget in each fund; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve the purchase of one new replacement valve turning truck, and authorizes the City Manager or designee to execute any necessary documents in a total amount not to exceed $249,720 for fiscal year 2024/25.

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Page 2 of 2 ends

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 10th day of December 2024 by the following vote:

Page 116 of 962 ends

Date Prepared: 10/25/2024
Vendor Phone:

Participating Agency:

Agency Phone:
$ 59,860.00

1.50% $ (897.90)
$ 58,962.10
$ -
$ 164,078.53
$ 4,100.00
$ -
$ -
$ -
$ -
$ 19,903.00
$ 325.00
$ 2,343.75
$ 249,712.38
1 $ 249,712.38
State Applicable Sales Tax:

Ford F-550 Service Body & WACHS System
Knapheide Service Body with WACHS Valve System & Options Total Participating Agency CAPEX:

Quantity Ordered:

State Applicable Fees:

Sales Price Per Unit:

Vendor:

Contact for Vendor:

Participating Agency #:

Agency Contact:

Product Dscription:

OEM Chassis MSRP:

Unit Price before Upfit
Expected Floorplan Expense:

Freight to End User:

Additonal Incentives/Credits:

Doc Fee/Admin Fee
Government Grant/Assistance:

Sourcwell Contract Number: 032824-RTG
Remit P.O.s To: [email protected]
Rush Care Service Subscription:

Extended Warranty:

Sourcewell Discount:

Scott Dempsey (925) 516-6017
2123 City of Brentwood, CA
Colton Kruse (830) 302-5219
Upfit:

Rush Truck Center

Page 117 of 962 ends

CITY COUNCIL AGENDA ITEM NO. F.10
12/10/2024
SUBJECT: Purchase a Fleet Management software system, authorize the City Manager or designee to execute agreement and any necessary documents in a total amount not to exceed $116,330 and amend the 2024/25 Fleet Maintenance Services Fund Operating Budget by $21, 330
DEPARTMENT: Public Works
STAFF: Casey Wichert, Director of Public Works
Scott Dempsey, Fleet/Facilities Maintenance Manager

TITLE/RECOMMENDATION
Adopt a Resolution approving the purchase and installation of a Fleet Management software system for the Public Works Fleet Maintenance Division from TT Faster LLC, dba FASTER Asset Solutions in Virginia Beach, VA; authorizing the City Manager or designee to execute an agreement and any necessary documents for Fleet Management Information Solution Services in an amount not to exceed $116,330; and amending the 2024/25 Fleet Maintenance Services Fund Operating Budget by $21,330.

FISCAL IMPACT
The total cost to purchase and install the Fleet Management software is $116,330.

Of this amount, $95,000 is included in the 2024/25 Fleet Maintenance Services Fund Operating Budget. Staff is requesting the 2024/25 Fleet Maintenance Services Fund Operating Budget be increased by $21,330 to allow for this expenditure in the current fiscal year. Annual recurring software support and maintenance fees of $23,466 will begin in FY 2025/26 and is included in the FY 2025/26 Fleet Maintenance Services Fund Operating Budget.

The Fleet Maintenance Services Fund provides for the maintenance and repair of all City vehicles with the exception of Police Department vehicles. Funding contributions for the services are received from Enterprise Funds (77%), General Fund (16%) and all other Funds (7%).

BACKGROUND

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CITY COUNCIL AGENDA ITEM NO. F.10
12/10/2024
Currently, the Fleet Division utilizes the Public Works’ (Accruent) Maintenance Connection (MC) computerized maintenance management system as its fleet software to track vehicle/equipment assets and work. The 24/25 MC annual support cost was $37,797.54 of which Fleet funded $2,555.11. Although Maintenance Connection is primarily utilized to manage work orders, track assets and schedule maintenance for Public Works and Park Maintenance, it is not a fleet specific software and does not offer the full functionality needed to efficiently manage and maintain the City’s fleet. For example, Maintenance Connection does not have the ability to use task specific codes for information/history look up by vehicle which is instrumental in the Fleet shop and provides increased reporting capabilities, and it does not have the ability to track different warranty dates on each vehicle/equipment.

The new proposed Fleet Management software system from TT Faster LLC, dba FASTER Asset Solutions (FASTER) will provide additional functionalities and efficiencies, such as:
• Vehicle utilization and tracking of costs for efficient fleet management; • Ability to track technician, parts and fuel costs;
• Manage an asset’s monthly/yearly costs related to historical, accident, capital, warranty, parts and labor, and sublet repairs; • Monitor an asset’s monthly/yearly amount of fuel consumed and quantity dispensed to each asset; and
• Utilizes a full parts room feature to better control inventory costs, warranties, stock levels and reorder points.

These functions and more will greatly benefit the Fleet Division, as well as the Finance Department, when it comes to reporting the actual cost of vehicles and equipment down to the cost per mile for each of the 14 vehicle classes the City maintains. Doing so will assist in the budgeting for Fleet Maintenance Services Fund costs moving forward. The parts room feature will assist in a reduction of costs related to overstocking of slow moving and obsolete parts no longer needed, and allow the ability to better capture the warranty costs and core deposits.

Per Purchasing Policy No. 10-7, the City will utilize a cooperative purchasing agreement to purchase the Fleet Management software system, under the General Services Administration (GSA) contract # 47QTCA23D0054 agreement with FASTER.

The GSA offers a wide variety of commodities, non-IT services and information technology products and services, where participating vendors submit pricing based on bulk government sales. Staff reviewed similar product prices and found GSA prices are fair and reasonable. Staff requests the approval to purchase the Fleet

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CITY COUNCIL AGENDA ITEM NO. F.10
12/10/2024
Management software system from FASTER in an amount not to exceed $116,330 as a one-time purchase/installation costs and annual support and maintenance cost of $23,466.

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)
Alternative Options to the Staff Recommendation:

1. Do not approve staff’s recommendation.

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

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Agreement

4. Quote

Page 120 of 962 ends

On June 25, 2024, by Resolution 2024-73, City Council adopted the 2024/25 – 2025/26 Operating Budget, which included funding of $95,000 in the Fleet Maintenance Services Fund for the purchase of a Fleet Management software.

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING THE PURCHASE AND INSTALLATION

OF A FLEET MANAGEMENT SOFTWARE SYSTEM FOR THE PUBLIC

WORKS FLEET MAINTENANCE SERVICES DIVISION FROM TT

FASTER LLC, DBA FASTER ASSET SOLUTIONS IN VIRGINIA
BEACH, VA,; AUTHORIZING THE CITY MANAGER OR DESIGNEE

TO EXECUTE AN AGREEMENT AND ANY NECESSARY DOCUMENTS

FOR FLEET MANAGEMENT INFORMATION SOLUTION SERVICES
IN A TOTAL AMOUNT NOT TO EXCEED $116,330; AND AMENDING
THE 2024/25 FLEET MAINTENANCE SERVICES FUND OPERATING
BUDGET BY $21,330
WHEREAS, on June 25, 2024, by Resolution 2024-73, the City Council adopted the 2024/25 – 2025/26 Operating Budget, which includes funding of $95,000 in the Fleet Maintenance Services Fund for the purchase of a Fleet Management software system; and
WHEREAS, the Purchasing Policy, No. 10-7 requires that purchases or services over $50,000 be approved by City Council; and
WHEREAS, a Fleet Management software system is needed to streamline the Fleet Maintenance Services Division operations and improve vehicle repair tracking, reporting, and regulatory requirements; and
WHEREAS, the purchase and installation of a Fleet Management software system for the Fleet Division from TT Faster LLC, dba FASTER Asset Solutions in Virginia Beach, VA will utilize the General Services Administration (GSA) contract # 47QTCA23D0054; and
WHEREAS, the total $116,330 cost will be expended through the approved Fleet Maintenance Services 2024/25 Operating Budget, which is included in the City Council approved 2024/25 – 2025/26 Operating Budget; and WHEREAS, staff is requesting the 2024/25 Fleet Maintenance Services Fund Operating Budget be amended in the amount of $21,330 to allow for these expenditures in the current fiscal year.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby authorize the purchase and installation of a Fleet Management software system for the Public Works Fleet Maintenance Services Division from TT Faster LLC, dba FASTER Asset Solutions in Virginia Beach, VA; authorize the City Manager or designee to execute an agreement and any necessary documents for Fleet Management Information Solution Services in an amount not to exceed $116,330; and amends the 2024/25 Fleet Maintenance Services Fund Operating Budget by $21,330.

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Page 2 of 2 ends

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 10th day of December 2024 by the following vote:

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PSA_City Attorney Approved Version 071522

AGREEMENT FOR FLEET MANAGEMENT INFORMATION SOLUTIONS SERVICES TT Faster LLC, dba FASTER Asset Solutions
THIS AGREEMENT is made and entered into as of the _____ day of ___________________, 2024 by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and TT Faster LLC, dba FASTER Asset Solutions, a Delaware Limited Liability Company ("Consultant") (each a “Party” and collectively, the “Parties”).

RECITALS
A. City requires the professional services of a consultant specifically trained and experienced in Fleet Management Information Solutions, which are professional services outside of services offered by City.

B. Consultant has the professional skills and experience necessary to perform the services described in this Agreement.

C. Consultant customarily engages in these services as part of its independently established trade, occupation, and/or business, separately from its work for City.

D. City desires to engage Consultant to provide these services by reason of its qualifications and experience in performing such services
E. Consultant has submitted a proposal to City and has affirmed its willingness and ability to perform such work on the terms and manner set forth in this Agreement.

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

1. Scope of Work.

1.1 City retains Consultant, as an independent contractor, to perform, and Consultant agrees to render, those services (the "Services") that are described in the attached Exhibit "A," which is incorporated by this reference, pursuant to this Agreement’s terms and conditions.

1.2 Consultant will control the manner and the means of the work to be performed, and be responsible for the professional quality, technical accuracy and coordination of the Services. Consultant will, without additional compensation, correct or revise any errors or deficiencies in the Services.

1.3. Consultant will keep City informed on a regular basis that the Services are being performed in accordance with the requirement and intentions of this Agreement.

1.4 If applicable, Consultant has designated those persons listed in Exhibit “A” to provide the Services to the City. Consultant will not change or reassign those persons described in Exhibit “A” without prior written notice to City, and will not replace those individuals with individuals to whom City has a reasonable objection.

2. Standard of Performance. Consultant acknowledges that in entering into this Agreement the City is relying on Consultant's special skills and experience to do and perform the Services. While performing the Services, Consultant will exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Northern California area. The acceptance of the Services by City does not release Consultant from these obligations.

Consultant will be responsible for employing or engaging all persons necessary to perform the Services.

Consultant will control the manner and means of the services to be performed by its employees and Docusign Envelope ID: C3D762A3-36F6-4E63-BF4C-A13ACE03FC29

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2 PSA_City Attorney Approved Version 071522
subconsultants. All of Consultant's staff will be qualified by training and experience to perform their assigned tasks. Consultant will give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and will keep the Services under its control.

On demand of City, if any employee or subcontractor of Consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she will be discharged immediately from the Services.

3. Term. Unless earlier terminated, the term of this Agreement will commence upon the date first above written and will expire upon completion of the Services by Consultant.

4. Schedule. Consultant will generally adhere to the schedule set forth in Exhibit “A” provided, that City will grant reasonable extensions of time for the performance of the Services occasioned by unusually lengthy governmental reviews of Consultant’s work product or other unavoidable delays occasioned by unforeseen circumstances; provided, further, that such unavoidable delay will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant’s officers or employees.

Consultant acknowledges the importance to City of City’s project schedule and agrees to put forth its best professional efforts to perform the Services in a manner consistent with that schedule. City understands, however, that Consultant’s performance must be governed by sound practices. Consultant will work such overtime or engage such personnel and equipment as necessary to maintain the schedule, without additional compensation.

5. Compensation.

5.1 The total fee payable for the Services to be performed during the term of this Agreement will be a not to exceed amount of one hundred sixteen thousand three hundred thirty dollars ($116,330.00) as may be further specified in the attached Exhibit “A.” No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the Services.

5.2 Payment will occur only after receipt by City of invoices sufficiently detailed to include agreed-upon milestones for approval by City.

5.3 Within thirty (30) days after receipt of any applicable progress payment request, City will verify the accuracy of the request, correct the charges where appropriate, and make payment to Consultant in an amount equal to the amount of such application, as verified or corrected by City. No payment made prior to completion and acceptance of the Services will constitute acceptance of any part of the Services.

City reserves the right to withhold payment from Consultant on account of Services not performed satisfactorily, delays in Consultant's performance of Services, or other defaults hereunder.

6. Status of Consultant. Consultant will perform the Services as an independent contractor, free from the control and direction of City, in pursuit of Consultant’s independent calling, and not as an employee of City. The persons used by Consultant to provide the Services under this Agreement will not be considered employees of City for any purposes whatsoever and City will not pay any tax, workers’ compensation insurance, retirement contributions or unemployment contributions on behalf of Consultant or its employees or subcontractors. Consultant agrees to indemnify and pay City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment, including, but not limited to, those based on any provision of the Federal Affordable Care Act, which City may be required to make on behalf of Consultant or any agent, employee, or contractor of Consultant for work done under this Agreement. The payment made to Consultant pursuant to the Agreement will be the full and complete compensation to which Consultant is entitled. City will not make any federal or state tax withholdings on behalf of Consultant or its agents, employees or subcontractors.

At the City’s election, City may deduct the amounts paid pursuant to this Section, from any balance owing to Consultant.

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7. Subcontracting. Consultant's services are being requested by City because they are unique and personal. Except as may be specified in Exhibit “A”, Consultant will not subcontract any portion of the Services without prior written approval of City Manager or his/her designee. If Consultant subcontracts any of the Services, Consultant will be fully responsible to City for the acts, errors and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Consultant and City.

Consultant will be responsible for payment of subcontractors. Consultant will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Consultant's work unless specifically noted to the contrary in the subcontract and approved in writing by City.

8. Other Consultants. The City reserves the right to employ other consultants in connection with the Services.

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

10. Insurance. Consultant will obtain and maintain, at its cost and expense, for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Services by Consultant or Consultant’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A:VII."

10.1 Coverages and Limits. Consultant will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager, in consultation with the City Attorney approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Consultant's indemnification obligations under this Agreement. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. The coverage will contain no special limitations on the scope of its protection to the above-designated insureds except for Workers Compensation and errors and omissions insurance. Consultant will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage, as Consultant deems adequate, at Consultant's sole expense.

10.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit.

10.1.2 Automobile Liability. $1,000,000 combined single-limit per accident for bodily injury and property damage.

10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Consultant has no employees and provides, to City's satisfaction, a declaration stating this.

10.1.4 Professional Liability. Errors and omissions liability appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim.

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10.2 Endorsements. For Commercial General Liability Insurance, Consultant will ensure that the policies are endorsed to name the City, its officers, agents, volunteers and employees as additional insureds. Prior to City's execution of this Agreement, Consultant will furnish, to the satisfaction of the City, certificates of insurance and endorsements.

10.3 Cancellation. Insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent pursuant to the notice provisions of this Agreement.

10.4 Failure to Maintain Coverage. If Consultant fails to maintain any of these insurance coverages, then City will have the option to declare Consultant in breach of this Agreement, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Consultant is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Consultant or deduct the amount paid from any sums due Consultant under this Agreement.

10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements.

10.6 Primary Coverage. For any claims related to the Services and this Agreement, the Consultant’s insurance coverage will be primary insurance with respect to City, its officers, agents, volunteers and employees. Any insurance or self-insurance maintained by City for itself, its officers, agents, volunteers and employees, will be in excess of Consultant’s insurance and not contributory with it.

10.7 Reduction in Coverage/Material Changes. Consultant will notify City in writing pursuant to the notice provisions of this Agreement thirty (30) days prior to any reduction in any of the insurance coverage required pursuant to this Agreement or any material changes to the respective insurance policies.

10.8 Waiver of Subrogation. The policies shall contain a waiver of subrogation for the benefit of City.

11. Business License. If required, Consultant will obtain and maintain a City of Brentwood Business License for the term of the Agreement, as it may be amended from time-to-time.

12. Maintenance of Records. Consultant will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Consultant will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Consultant will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

13. Ownership of Documents.

13.1 With the exception of software, all product produced by Consultant or its agents, employees, and subcontractors pursuant to this Agreement (the “Work Product”) is the property of City. In the event this Agreement is terminated, all Work Product produced by Consultant or its agents, employees and subcontractors pursuant to this Agreement will be delivered to City pursuant to the termination clause of this Agreement. Consultant will have the right to make one (1) copy of the Work Product for Consultant’s records.

13.2 The Work Product may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable, without further employment of or payment of any compensation to Consultant; provided, however, that if this Agreement is terminated for any reason prior to completion of the Project and if under such circumstances City uses, or engages the services of and directs another consultant to use, the Work Product, City agrees to hold Consultant harmless from any and all liability, costs, and expenses relative to claims arising out of matters Docusign Envelope ID: C3D762A3-36F6-4E63-BF4C-A13ACE03FC29

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and/or events which occur subsequent to the termination of this Agreement as a result of causes other than the fault or negligence of Consultant, or anyone for whose acts it is responsible, in preparation of the Work Product. Consultant will not be responsible for deficiencies solely attributable to modifications of the Work Product performed by others, or that arise from use of the Documents in connection with a project or site other than that shown in the Work Product.

14. Reserved.

15. Confidentiality. All documents, reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of the Services pursuant to the Agreement are confidential until released by the City to the public, and the Consultant will not make any of these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before any such release.

16. Notices. Any notices relating to this Agreement shall be given in writing and shall be deemed sufficiently given and served for all purposes when delivered personally, by facsimile or by generally recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows:

For City:

City of Brentwood
150 City Park Way
Brentwood, CA 94513
Phone No. (925) 516-6000
Facsimile No. (925) 516-6001
Attn: Casey Wichert, Director of PW
For Consultant:

Name: Adam Tolbert
Title: Enterprise Sales Manager
Address: 760 Lynnhaven Pkwy. STE. 203
Virginia Beach, VA 23452
Phone No.: (757) 802-3213
Attn: Adam Tolbert
Either Party may change its address for purposes of this section by giving the other Party written notice of the new address in the manner set forth above.

17. Conflicts of Interest.

17.1 City will evaluate Consultant’s duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of Consultant or any of Consultant’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Consultant or Consultant’s affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700.

17.2 Consultant understands that its professional responsibility is solely to City. Consultant warrants that it presently has no interest, present or contemplated, and will not acquire any direct or indirect interest, that would conflict with its performance of this Agreement. Consultant further warrants that neither Consultant, nor Consultant’s agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Consultant will file with the City an affidavit disclosing this interest. Consultant will not knowingly, and will take reasonable steps to ensure that it does not, employ a person having such an interest in the performance of this Agreement. If after employment of a person, Consultant discovers that it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant will promptly disclose the relationship to the City and take such action as the City may direct to remedy the conflict.

18. General Compliance with Laws. Consultant will keep fully informed of federal, state and local laws and ordinances and regulations (“Laws”) which in any manner affect those employed by Consultant, or in any way affect the performance of the Services by Consultant. Consultant will at all times observe and Docusign Envelope ID: C3D762A3-36F6-4E63-BF4C-A13ACE03FC29

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comply with these laws, ordinances, and regulations and will be responsible for the compliance of the Services with all applicable laws, ordinances and regulations.

19. Pandemic Health Laws. Consultant’s duty to comply with Laws includes compliance by Consultant with all local, state, or federal Laws that have been or may be enacted in response to the COVID-19 pandemic (collectively, “Health Laws”), which include all of the County of Contra Costa Health Orders. Failure to fully comply with the Health Laws constitutes a material default, subject to all available remedies including suspension or termination.

20. Discrimination and Harassment Prohibited. Consultant will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment.

21. Termination. In the event of the Consultant's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Consultant in writing pursuant to the notice provisions of this Agreement. Consultant has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Consultant has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. In the event City elects to terminate, City will have the right to immediate possession of all Work Product and work in progress prepared by Consultant, whether located at the project site, at Consultant's place of business, or at the offices of a subconsultant.

Either Party, upon tendering thirty (30) calendar days written notice to the other Party, may terminate this Agreement for convenience. In this event and upon request of City, Consultant will assemble the work product without charge and put it in order for proper filing and closing and deliver it to City. Consultant will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made.

22. Covenants Against Contingent Fees. Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to terminate this Agreement for nonperformance, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.

23. Claims And Lawsuits. By signing this Agreement, Consultant agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Consultant acknowledges that if a false claim is submitted to City by Consultant, it may be considered fraud and Consultant may be subject to criminal prosecution. Consultant acknowledges that California Government Code sections 12650 et seq., the False Claims Act, applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Consultant acknowledges that the filing of a false claim may subject Consultant to an administrative debarment proceeding as the result of which Consultant may be prevented to act as a Consultant on any public work or improvement for a period of up to five (5) years. Consultant acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement.

24. Jurisdiction, Venue and Governing Law. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of Contra Costa, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. This agreement Docusign Envelope ID: C3D762A3-36F6-4E63-BF4C-A13ACE03FC29

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

25. Testimony. Consultant will testify at City's request if litigation is brought against City in connection with Consultant's services under this agreement. Unless the action is brought by Consultant, or is based upon Consultant's actual or alleged negligence or other wrongdoing, City, upon prior written agreement with Consultant will compensate Consultant for time spent in preparation for testimony, testimony, and travel at Consultant's standard hourly rates at the time of actual testimony.

26. Successors and Assigns. It is mutually understood and agreed that this Agreement will be binding upon the Parties and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Consultant without the prior written consent of City, which will not be unreasonably withheld.

27. Section Headings. Section headings as used in this Agreement are for convenience only and will not be deemed to be a part of such sections and will not be construed to change the meaning of the section.

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

29. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it embody the entire Agreement and understanding between the parties relating to the subject matter of it. The City Manager is authorized, in consultation with the City Attorney, to agree to nonmaterial amendments to this Agreement. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties.

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

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

32. Signatures.

32.1 Counterparts. This Agreement 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.

32.2 Digital/Electronic Signatures. Using a City-approved method, this Agreement may be executed through the use of digital or electronic signatures in accordance with Government Code Section

16.5. The presence of an electronic signature on this Agreement will be construed as the Parties’ consent to do business electronically.

CONSULTANT:
* By:

Mitch Skyer,
President/Managing Member
CITY:

By:

Tim Y. Ogden, City Manager
ATTEST:

By:

Amanda McVey, 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.

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EXHIBIT “A”

SCOPE OF SERVICES
Consultant will perform the following Services, at the rates indicated below.

License $29,700.00
Setup/hosting $11,880.00
Addon Modules / WEB $26,141.40
Addon Modules / Setup $5,184.00
Professional Services / Data Conversion $39,120.00
Professional Services / Training $17,226.00
Discount ($12,925.14)
Total $116,326.26
Payment Milestones:
 30% Due at Purchase Confirmation.
 30% Due upon completion of kickoff call and environment established which includes o Software environment installation and setup, and initial group of logins are delivered to the City.
 20% Due at System Overview which includes access to City resources for system operation provided, and software use training session delivered to the City.  20% Due at Delivery of Converted Data and GO LIVE of software package.

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Scott Dempsey
City of Brentwood
Quote #: 2638 v3
Quote Date: Oct 29, 2024
Quote Expires: Nov 30, 2024

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FASTER Asset Solutions Quote and Proposal
Scott Dempsey
Fleet Manager
City of Brentwood
FASTER Asset Solutions is pleased to submit our proposal, City of Brentwood, CA, FASTER Web GSA Contract# 47QTCA23D0054.

FASTER has been in business since 1982 and provides Fleet Management Information Solutions (FMIS) to cities, counties, states, universities, airports, transits, public utilities, and private companies. FASTER is the single largest FMIS provider to city and municipal fleets in North America.

FASTER is an Industry Leader for 3 key, strategic reasons:

FASTER has the Most Experienced Staff in the Industry:

Seventy percent of FASTER’s technical staff have been with the company for more than 10 years. No other vendor fields the level of responsive, industry knowledgeable, technical support staff as FASTER. This provides more efficient implementations, superior 24/7-365 support, and ultimately better system utilization and ROI.

FASTER Invests in the Long-Term:

For more than 40 years FASTER has continuously improved FASTER solutions across three generations of technology. FASTER Web™ is latest, cloud-based Fleet Management Information Solution and includes the ability to integrate easily with other software through API technology. Additionally, FASTER issues multiple new updates each year that include new features and improvements across multiple aspects of the solution.

FASTER is Product and Service Focused:

Likely the most important distinction of FASTER is the strategy of continually reinvesting in FASTER products, solutions, and staff. This has created a justifiable reputation within the FASTER Client base, Strategic Partners and beyond that FASTER has industry leading software and the most responsive and knowledgeable support team in the asset management space.

Thank you for the opportunity to earn your business. If there is any additional information we can provide, or questions we can answer, please let us know.

Sincerely,
FASTER Asset Solutions FASTERasset.com | LinkedIn | Facebook [email protected]
757.623.1700
Adam Tolbert
[email protected]
Quote
FASTER Asset Solutions - Quote # 2638 v3 2 / 13

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FASTER Asset Solutions
760 Lynnhaven Pkwy, Suite 203
Virginia Beach, VA 23452
United States
T: 4023055850
Quote # 2638 v3
Date Oct 29, 2024
Expires Nov 30, 2024
Contact Adam Tolbert
Prepared for City of Brentwood
Scott Dempsey
2201 Elkins Way
Brentwood, CA 94513
United States
T: (925) 516-6017
E: [email protected]
City of Brentwood, CA, FASTER Web GSA Contract#
47QTCA23D0054
FASTER Web Core
One-Time Fees
Category Item Qty

LICENSE FASTER WEB CORE LICENSE FEE
FASTER WEB Core license fee per standard asset.

Standard assets are those originally valued at $5,000 or greater and active).

This includes one instance of the FASTER Web Application with one database. Unlimited user access (named accounts) included. 10% Item Discount ($2,970.00)
275
FASTER (Code: 001)

SETUP /
Hosting
Database Management & Setup
Establishment of one FASTER Web instance with a single Database. This setup includes the FASTER Web test environment that will be used during the entire implementation, all database configuration, testing, backup configuration, and validation. Includes 24x7x365 cloud database access. This same environment will be promoted to be the production environment at the time of Go-Live.

Backups: Hourly database backups will be conducted to ensure consistent and recoverable backups of the database to restore from in the event of an emergency. Database Backups will be limited to 14 days of recoverability. Backups will also be sent daily to a secure, offsite location Includes all support and maintenance for the first year of service. 10% Item Discount ($1,188.00)
1 Faster Asset (Code: DBMS1)

ACCEPT QUOTE
Quote
FASTER Asset Solutions - Quote # 2638 v3 3 / 13

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One-Time Subtotal $41,580.00
Discount ($4,158.00)
Annual Support And
Maintenance Subtotal $15,660.00
Discount ($1,566.00)
Annual Fees
Category Item Qty
SUPPORT and

MAINTENANCE

FASTER WEB CORE ANNUAL SUPPORT & MAINTENANCE
FASTER WEB Core annual support and maintenance fee per standard asset. 10% Item Discount ($594.00)
275
FASTER (Code: 001A)
SUPPORT and

MAINTENANCE
Database Annual Support and Maintenance
Annual fee for support, maintenance, software upgrades, firmware/database management, data storage, and report management.

Backups: Hourly database backups will be conducted to ensure consistent and recoverable backups of the database to restore from in the event of an emergency. Database Backups will be limited to 14 days of recoverability. Backups will also be sent daily to a secure, offsite location Includes 24x7x365 cloud database access.
10% Item Discount ($972.00)
1 FASTER (Code: DBMSANN)
* Annual Support and Maintenance Fees billing schedules are outlined in the terms and conditions.

FASTER Web Add-On Solutions
One-Time Fees
Category Item Qty
Addon
Modules /
WEB
Fuel Import - Single Vendor - Fuel Master
Single Vendor Fuel Import
This is a single vendor fuel import for a new FASTER Web customer. The import includes 1 (one) of the following options:

1. Import a new fuel vendor fuel transaction file. 2. Import a new fuel file from your existing vendor.

FASTER will conduct complete configuration and testing of the fuel file layout and export files (flat files) from the fuel system.

Site & Dispenser optional add on is available, if required, to the single vendor fuel import 10% Item Discount ($556.20)
1 Faster Asset (Code: 300)
Quote
FASTER Asset Solutions - Quote # 2638 v3 4 / 13

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One-Time Subtotal $31,325.40
Discount ($3,132.54)
Addon
Modules /
WEB
Single Vendor Site and Dispenser Add On - Fuel Master
This is an optional add-on to the Fuel Import (FI) to enable you to track the specific fuel site and/or fuel dispenser. This optional add on allows configuration to track Inventory Items so fuel imports deplete quantity from inventory.
10% Item Discount ($278.10)
1 Faster Asset (Code: 303)
Addon
Modules /
WEB
Dashboard
The Faster Dashboard provides easy access to an at-a-glance overview of key performance indicators and data for your organization. The FASTER Dashboard is designed to give fleets a way to monitor performance, communicate, and make quick decisions about their operations. It comes with 20 Key Performance Indicators (KPIs) charts within the Dashboard Add-on, which includes the 8 module landing charts available within FASTER Web which can also be accessed via the Dashboard for one convenient high level overview. 10% Item Discount ($1,112.40)
1 FASTER (Code: 207nc)
Addon
Modules /
WEB
Barcoding Add-On Setup
The FASTER Barcoding Add-on provides the ability to scan and print labels on customer provided hardware. This module allows for ease of data entry as well as inventory control.

Beneficial add on for use with in-house numbering system. OEM labels may be used effectively as well.

Simplifies inventory and intake processes for inventory items and storerooms. Quickly scan incoming inventory with 2D or Symbology – Code 128 barcodes. Reduces data errors that occur with any manual data entry process. Print barcode labels for items, including labels for a range of items simultaneously. 10% Item Discount ($667.44)
1 FASTER (Code: 208)
Addon
Modules /
Setup
Authentication Provider Integration w/Auth0 for Enterprise Connections Setup This Auth0 integration add-on provides authentication options for FASTER Web including the ability to integrate with a third-party cloud directory provider such as Azure AD or Azure AD + SAML. This requires enterprise connections and will provide Single Sign On capabilities.

Set up and Year 1 Annual Fee
10% Item Discount ($518.40)
1 FASTER (Code: AuthEntSU)
Annual Fees
Category Item Qty
Quote
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Annual Support And
Maintenance Subtotal $10,412.28
Discount ($1,041.23)
SUPPORT and

MAINTENANCE
Fuel Import Single Vendor Support and Maintenance- Fuel Master Annual support and maintenance for fuel import
10% Item Discount ($111.24)
1 FASTER (Code: 300ann)
SUPPORT and

MAINTENANCE
Single Vendor Site and Dispenser Support and Maintenance - Fuel Master Annual support and maintenance for site and dispenser
10% Item Discount ($55.62)
1 FASTER (Code: 303ann)
SUPPORT and

MAINTENANCE
Dashboard Annual Support and Maintenance
10% Item Discount ($222.48)
1 FASTER (Code: 207ncann)
SUPPORT and

MAINTENANCE
Barcoding Add-On Annual Support & Maintenance
Annual recurring support and maintenance for barcode module 10% Item Discount ($133.49)
1 FASTER (Code: 208ANN)
Addon
Modules / WEB
Authentication Provider Integration w/Auth0 for Enterprise Connections Annual Fee This Auth0 integration add-on provides authentication options for FASTER Web including the ability to integrate with a third-party cloud directory provider such as Azure AD or Azure AD + SAML. This requires enterprise connections and will provide Single Sign On capabilities.

Additionally, you can have the Authentication Provider to provide authentication for your users if you don’t have a cloud directory provider or if you have users who are not part of your directory that need access to FASTER Web.
10% Item Discount ($518.40)
1 FASTER (Code: AuthEnt)
* Annual Support and Maintenance Fees billing schedules are outlined in the terms and conditions.

FASTER Web Implementation
One-Time Fees
Category Item Qty
Professional
Services /
Data
Conversion
Core Data Conversion and Implementation
This package provides you with the tools to stage the following active records and for FASTER to convert these staged records into their FASTER Web Asset Management System:

Asset Master Records
1 Quote
FASTER Asset Solutions - Quote # 2638 v3 6 / 13

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The Asset Master Record & Asset Warranties
Last Preventive Maintenance (PM) and Last Scheduled Action (SA) performed against Asset
Parts Item Master Records
The Part Item Master Record & Part Item Warranties
Part Item Unit Price, Markup, Shipping & Tax and Quantity in Stock Vendor Master Records
The Vendor Master Records & Vendor Purchase Orders
Person Records
Person Record (for an Employee, User, Technician, Asset contact) An Asset’s Monthly/Yearly Historical Costs (Separated by: Maintenance Costs, Repair Costs, Accident Costs, Capital Costs, Warranty Costs, Fuel Costs, Labor Costs, Parts Costs, Sublet Costs, Miscellaneous Costs, and Credit Costs)
An Asset’s Monthly/Yearly Amount of Fuel Consumed/Quantity Dispensed to Asset (up to 2 Fuel Types)
*A comprehensive list of fields that can be staged and converted can be provided upon request.

This package does not include staging or conversion of active nor historical Work Orders, Issued Parts, or Fuel Transactions. Instead, this package includes the staging and conversion of an Asset’s monthly and/or yearly historical costs and consumed fuel/dispensed fuel quantities that a client needs readily available to fully utilize reports and metrics in the new system. Any Active or Open transactions will need to be manually entered into FASTER Web after Go-Live. Your data must be staged before it can be converted into FASTER Web. For this process, FASTER provides you with all the tools you will need to properly identify and map fields from your existing system, then stage your data in FASTER’s Staging database that’s converted to FASTER Web. You will need to obtain access to a data dictionary defining your current and legacy data/systems side, FASTER cannot provide this.

FASTER’s Staging Data Tools:

The FASTER Staging Database where you will stage your data into the appropriate fields. The FASTER Staging Data Dictionary detailing each of the fields that are required, conditionally required, and optional. The FASTER Staging Database Inspection tools and reports that you will run and check the staged data and ensure no errors exist. Mapping Options:

FASTERs MS Excel Data Mapping Sheets: Assets, Persons, Parts Inventory, Vendors. This requires you to use FASTER’s specific data mapping sheet templates for staging data and loading into the utility. FASTER MS Excel Data Mapping Sheets DO NOT support Advanced Historical Data Conversion. FASTER Staging Database: Insert data directly into a staging database using your SQL tools. This typically requires you to have database development skills with an understanding of your existing database schema. Converting Advance Historical Data requires the use of the FASTER Staging Database. If purchasing the optional Advanced Historical Data Conversion, you cannot use the FASTER MS Excel Data Mapping Sheets.

FASTER’s Conversion of your Staged data: Once your data is staged and ready, FASTER converts the staging database over into the FASTER Web database structure and tests the converted data against the staging database.

Quote
FASTER Asset Solutions - Quote # 2638 v3 7 / 13

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One-Time Subtotal $39,120.00
Discount ($3,912.00)
The Core Data Conversion and Implementation is a required service for any new FASTER Web client. 1M0% Item Discount ($2,400.00) anufacturer: FASTER
Professional
Services /
Data
Conversion
Advanced Historical Data Conversion & Testing
The Advanced Historical Data Conversion requires you to have SQL tools and database development skills with an understanding of your existing database schema. In addition to the Core Data Conversion this optional package allows you to convert the following records into your FASTER Web Asset Management System and require:

Historical Work Orders & Direct Charge Transactions
Parts Issued on Work Order
Meter Offsets on Work Order
Labor & Sublets
Historical Fuel Transactions (cost, quantity, fuel type, meter reading) * A comprehensive list of fields that can be staged and converted can be provided upon request.

This package does not include staging or conversion of active (open) Work Orders, Part Issues, Direct Charges, or Fuel Transactions. Any Active or Open transactions will need to be manually entered into FASTER Web after Go-Live.

Like the Core Data Conversion, FASTER provides you with tools you will need to properly identify and map fields from your existing system, then stage your data in FASTER’s Staging database that’s converted to FASTER Web. You will need to obtain access to a data dictionary defining your current and legacy data/systems side; FASTER cannot provide this.

FASTER’s Staging Data Tools:

FASTER Staging Database: Insert data directly into a staging database using your SQL tools. This requires you to have SQL tools and database development skills with an understanding of your existing database schema. The FASTER Staging Data Dictionary detailing each of the fields that are required, conditionally required, and optional. The FASTER Staging Database Inspection tools and reports that you will run and check the staged data and ensure no errors exist.

Once your data is staged and ready, FASTER converts the staging database over into the FASTER Web database structure and tests the converted data against the staging database.

The Advanced Historical Data Conversion service is an optional add on to the Core Data Conversion and Implementation service.
10% Item Discount ($1,512.00)
1 Faster Asset (Code: 400ahs)
FASTER Web Training
One-Time Fees
Quote
FASTER Asset Solutions - Quote # 2638 v3 8 / 13

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One-Time Subtotal $17,226.00
Discount ($1,722.60)
Category Item Qty
Professional
Services /
Training
Implementation Training
Faster Web 101 Introduction
Training Planning Meeting
Pre-Go Live
Six sessions totaling 8 hours of remote, live, instructor-led training focusing on a functional understanding of FASTER Web features to help prepare you for Go Live Go Live
Three days of onsite, live, instructor-led training
Covers functions necessary in day-day fleet work
90 Days Post-Go Live
Deployment 30 min weekly Status Consult for 1st 30 days Health Check 2-hr call 60 and 90 days from Go Live. Ongoing through 1st Year Access to FASTER Resource Central
Monthly public Q&A and Seminar on specific topics
10% Item Discount ($1,722.60)
1 Faster Asset (Code: 512-SGL1)
FASTER Web Integration Add-Ons (OPTIONAL)
One-Time Fees
Category Item Qty
Addon
Modules /
WEB
Asset Meter Readings Import- GeoTab Optional
The solution is designed to import cumulative asset meter readings into your FASTER Web system as provided by your vendor. Any meter type supported by FASTER Web can be configured to import Miles, Hours, PTO, Engine Idle Hours, etc. Meters can be viewed for historical purposes in the Asset Module under the Meters, Warranties tab. The most recent valid meter reading will update the Meters Actual reading throughout the system. 10% Item Discount ($0.00)
1 Faster Asset (Code: 326)
Quote
FASTER Asset Solutions - Quote # 2638 v3 9 / 13

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One-Time Subtotal $0.00
Addon
Modules /
WEB
Asset Location Import- GeoTab Optional
Import GPS data directly into FASTER Web system eliminating the need for manually entering location data for any given asset.

Latitude and longitude data points are imported and pinned onto FASTER Web map to identify parked vehicle location and ignition status. Data import options include SOAP based web services, RESTful based API, or data conforming flat file from GPS vendor.
10% Item Discount ($0.00)
1 Faster Asset (Code: 329)
Addon
Modules /
WEB
Asset Alert Import with Filtering and Mapping - GeoTab Optional Diagnostic trouble codes (DTC), fault codes or issues found as a result of inspection imported as alerts directly into FASTER Web.

Alerts are easily sorted and filtered to identify those that warrant a critical maintenance need and provide shop floor managers with the ability to receive, view and take immediate action. Alerts are stored in the Assets module under the Asset Alert tab and in the Maintenance Module under the action Service Request & Alerts for diagnostic or historical viewing. Alerts are viewable in the Technicians Workstations when a technician is logged onto a specific repair. Fault code history may be viewed In the My Repairs Page.

Fault codes may be manually associated to a repair type and then a pending pair may be manually created in the Maintenance Repair section. Details for alerts associated to a pending repair are viewable within the repair record. Alert Filtering and Mapping provides additional and separate functionality from the above by enabling Fleet Operations staff to map desired alerts to trigger:

Manually map an alert to a configurable repair description. Configure alerts so they trigger the creation of Pending Repairs.

Set alerts to be imported as Service Items to be easily managed within Service Request & Alerts action, under the section for Alerts.

Sending a notification via email and or text. The mapping tool may be used to identify any alert which should NOT trigger any action. Non trigger alerts would only show up on the Alerts tab in the Asset module.

Simple interface to easily sort and filter for mapping to repairs.

FASTER can provide a reference to the SAE (Society of Automotive Engineers) codes for cross reference purposes for telematics codes as an optional add on.
10% Item Discount ($0.00)
1 FASTER (Code: 328bbndl)
Annual Fees
Category Item Qty
SUPPORT and

MAINTENANCE
Asset Meter Readings Support and Maintenance- GeoTab Optional Annual support and maintenance for asset meter readings. 1 FASTER (Code: 326ann)
Quote
FASTER Asset Solutions - Quote # 2638 v3 10 / 13

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Annual Support And
Maintenance Subtotal $0.00
One-Time Subtotal $0.00
Annual Support And
Maintenance Subtotal $0.00
Please contact us if you have any questions. One-Time Subtotal $129,251.40 Discount ($12,925.14)
Total One-Time $116,326.26 USD
SUPPORT and

MAINTENANCE
Asset Location Support and Maintenance- GeoTab Optional Annual support and maintenance for asset location.
1 FASTER (Code: 329ann)
SUPPORT and

MAINTENANCE
/ Add On
Asset Alert Import with Filtering and Mapping Annual Maintenance and Support - GeoTab Optional Annual Support and Maintenance for Asset Alert Import with Filtering and Mapping 1 FASTER (Code: 328bndlann)
* Annual Support and Maintenance Fees billing schedules are outlined in the terms and conditions.

Enterprise Facilities (OPTIONAL)
One-Time Fees
Category Item Qty
LICENSE Enterprise Facilities Implementation with Unlimited Assets and Up to 20 Named User Accounts Optional
505 – Enterprise Facilities Implementation with Unlimited Assets and Up to 20 Named User Accounts: This price includes implementation of a separate facilities asset database and up to maximum 20 named user accounts. 10% Item Discount ($0.00)
1 Faster Asset (Code: PM505)
Annual Fees
Category Item Qty
SUPPORT and

MAINTENANCE
Enterprise Facilities Implementation Annual Support & Maintenance Optional Enterprise Facilities Implementation Annual Support & Maintenance 1 Faster Asset (Code: PM505ann)
* Annual Support and Maintenance Fees billing schedules are outlined in the terms and conditions.

Summary
Quote
FASTER Asset Solutions - Quote # 2638 v3 11 / 13

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Annual Support And
Maintenance Subtotal $26,072.28
Discount ($2,607.23)
Total Annual Support
And Maintenance
$23,465.05 USD
Cost Breakdown
Category One-Time Fees Annual Fees
LICENSE $29,700.00 —
SUPPORT and MAINTENANCE — $20,888.28
SETUP / Hosting $11,880.00 —
Addon Modules / WEB $26,141.40 $5,184.00
Addon Modules / Setup $5,184.00 —
Professional Services / Data Conversion $39,120.00 —
Professional Services / Training $17,226.00 —
SUPPORT and MAINTENANCE / Add On — —
Discount ($12,925.14) ($2,607.23)
Total $116,326.26 USD $23,465.05 USD
All sales subject to a FASTER Asset MSA or similar agreement. Standard agreement for recurring pricing model is 60 months. Cancellation of service prior to term expiration will result in an early termination fee equal to 85% of the recurring fees for the remaining term period. PAYMENT TERMS:

One Time Fees:
30% Due at Purchase Confirmation
30% Due upon completion of kickoff call and environment established Kick off call is completed with the client, software environment installation and setup, initial group of logins are delivered to client.
20% Due at System Overview
Access to client resources for system operation provided, software use training session delivered. 20% Due at Delivery of Converted Data and GO LIVE of software package

ACCEPT QUOTE
Quote
FASTER Asset Solutions - Quote # 2638 v3 12 / 13

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Legacy Data Preparation and Cleanup
FASTER Asset Solutions always recommends that customers confirm that all legacy system data is current, accurate, and in good order. Data maintained in good order from previous systems will not typically require any corrections and can be imported effectively and efficiently into the FASTER Web product without issue. In the event that there are legacy data issues that require correction by the customer, FASTER Web consultants will support those efforts for our customers by providing guidance and advice.

Quote
FASTER Asset Solutions - Quote # 2638 v3 13 / 13

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CITY COUNCIL AGENDA ITEM NO. F.11
12/10/2024
SUBJECT: 2023/24 Development Impact Fee Report
DEPARTMENT: Finance & Information Systems
STAFF: Kerry Breen, Director of Finance & Information Systems Rachel Corona, Accountant II

TITLE/RECOMMENDATION
The Development Impact Fee Report ensures compliance with California Government Code Section 66006(b) and 66001(d), which requires an annual report providing specific information about those fees be prepared and made available to the public.

Staff recommends that the City Council receive and file the 2023/24 Development Impact Fee Report.

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

BACKGROUND
The City has imposed and collected Development Impact Fees (DIFs) on new development since 1979. The fees are used to address the impacts on the City’s infrastructure and facilities caused by this new development. DIF’s provide financing for the acquisition, construction, and improvement of public facilities and infrastructure to mitigate the impacts.

Historically, DIFs have been collected at the time building permits were issued for new single-family, multi-family, commercial, office and industrial development.

However, earlier this year, the Governor signed Senate Bill 937 into law. Starting January 1st, this new law prohibits local agencies that imposes fees or charges on residential developments for the construction of public improvements or facilities from requiring the payment of those fees or charges until the earlier of the date of either (1) the final inspection, or (2) issuance of the certificate of occupancy. There are exceptions to this new rule – for example, local agencies may collect utility service fees at the time an application for utility service is received. In addition, local agencies may require earlier payment for reimbursement of expenditures previously made. Staff is currently assessing how this new law will be implemented.

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CITY COUNCIL AGENDA ITEM NO. F.11
12/10/2024
In 1989, the City prepared the first “Capital Improvements Costs and Basis of Development Fees” report, which was a detailed study of the impacts of future growth on local City facilities and infrastructure. This report provided the analysis and support for DIFs collected by the City and has been updated from time to time in subsequent fiscal years. In 1999, the report was renamed the City of Brentwood Development Fee Program and the most recent update was adopted by the City Council on February 9, 2021. The report can be found on the City’s website:

Development Fee Program.

Separate funds have been established to account for the DIFs collected for each of the following types of public facilities and infrastructure: Water, Roadway, Parks and Trails, Wastewater, Community Facilities and Fire.1
State law requires that any local agency imposing DIFs must prepare an annual report providing specific information about those fees as defined in California Government Code Sections 66006(b) and 66001(d). The 2023/24 DIF Report, included as Attachment 2, meets all the requirements these Government Code Sections.

Specifics about the information required to be included in the report can be found on page six of the 2023/24 DIF Report.

California Government Code also requires the DIF Report be made available to the public within 180 days after the last day of the fiscal year. The City Council must review the annual report at a regularly scheduled public meeting not less than fifteen days after the report was made available to the public. The 2023/24 DIF Report was filed with the City Clerk’s office and made available for public review on November 25, 2024.

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

1 On July 1, 2022 East Contra Costa Fire Protection District (ECCFPD) merged with Contra Costa County Fire Protection District (ConFire). All Fire DIF funds and assets were transferred to ECCFPD prior to the merger. After the merger, the City ceased collecting the City Fire DIF. Although technically the City still has a Fire DIF in effect, payment of the ConFire DIF fully satisfies the City’s Fire DIF requirement. The City has not collected any Fire DIF funds subsequent to the merger and does not expect to collect Fire DIF fees in the future.

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CITY COUNCIL AGENDA ITEM NO. F.11
12/10/2024

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

DATE OF NOTICE
The California Government Code requires this report be reviewed by the City at a regularly scheduled public meeting not less than 15 days after the 2023/24 DIF Report is made available to the public. In addition, notice of the time and place of the meeting shall be mailed at least 15 days prior to the meeting to any interested party who files a written request with the local agency for such a mailed notice. This report was filed with the City Clerk’s office and made available for public review on November 25, 2024.

ENVIRONMENTAL DETERMINATION
Not applicable.

ALTERNATIVE OPTION(S)
Not applicable.

ATTACHMENT(S)

1. Previous Action

2. 2023/24 Development Impact Fee Report

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

On February 9, 2021, the City Council approved Resolution 2021-20, adopting the City of Brentwood Development Fee Program 2021 Update and schedule of development impact fees applicable to new development projects pursuant to Brentwood Municipal Code Section 16.130.020(A).

On December 12, 2023, the City Council reviewed, accepted and filed the 2022/23 Development Impact Fee Report, as required by California Government Code Section 66006(b) and California Government Code Section 66001(d).

On May 28, 2024, the City Council approved Resolution 2024-56, adopting the 2024/25 – 2028/29 Capital Improvement Program (CIP).

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150 City Park Way
Brentwood, CA 94513

DEVELOPMENT IMPACT

FEE REPORT
Fiscal Year Ended
June 30, 2024

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2 City Council as of June 30, 2024
Joel Bryant ............................................................................................................................................... Mayor Susannah Meyer ........................................................................................................................ Vice Mayor Jovita Mendoza ................................................................................................................ Council Member Tony Oerlemans .............................................................................................................. Council Member Pa’tanisha Pierson............................................................................................................ Council Member Executive Team as of June 30, 2024
Tim Ogden ............................................................................................................................... City Manager Katherine Wisinski .................................................................................................................. City Attorney Allen Baquilar ......................................................................... Director of Engineering/City Engineer Sukari Beshears ......................................................... Director of Human Resources/Risk Manager Kerry Breen .................................. City Treasurer/Director of Finance and Information Systems Darin Gale .............................................................................................................. Assistant City Manager Tim Herbert ............................................................................................................................. Chief of Police Alexis Morris ............................................................................ Director of Community Development Bruce Mulder ..................................................................................... Director of Parks and Recreation Casey Wichert .................................................................................................... Director of Public Works

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3 Table of Contents
City Council and Executive Team ............................................................................................................................2 Table of Contents ..........................................................................................................................................................3 Transmittal Letter .........................................................................................................................................................4

INTRODUCTION
Legal Requirements For Development Impact Fee Reporting ...............................................................6 Description of Development Impact Fees .....................................................................................................8 Current Fee Schedule .............................................................................................................................................9

DEVELOPMENT IMPACT FEE REPORT
Statement of Revenues, Expenditures and Changes in Fund Balance Financial Summary Report – Development Impact Fees ................................................................. 11 Water Development Impact Fee Fund .................................................................................................... 12 Roadway Development Impact Fee Fund ............................................................................................. 13 Parks and Trails Development Impact Fee Fund ................................................................................ 14 Wastewater Development Impact Fee Fund ........................................................................................ 15 Community Facilities Development Impact Fee Fund ...................................................................... 16 Fire Development Impact Fee Fund ........................................................................................................ 17

NOTES TO THE DEVELOPMENT IMPACT FEE REPORT
Note # 1 – Bonds ............................................................................................................................................ 19 Note # 2 – Notes Payable ............................................................................................................................ 20 Note # 3 – Deferred Development Impact Fees ................................................................................. 21 Note # 4 – Development Reimbursements .......................................................................................... 22 Note # 5 – Refunds Payable ....................................................................................................................... 23 DEVELOPMENT IMPACT FEE PROJECT IDENTIFICATION ................................................................... 24

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4 Transmittal Letter
December 10, 2024
The Honorable Mayor, Members of the City Council and Citizens of Brentwood Brentwood, CA 94513
Dear Mayor, Members of the City Council and Citizens of Brentwood:

State law requires any local agency that imposes development impact fees to prepare an annual report providing specific information about those fees. Therefore, in accordance with the provisions of the California Government Code Section 66006 (b) and 66001 (d), I hereby submit the Development Impact Fee (DIF) Report for the City of Brentwood, California for the fiscal year (FY) ended June 30, 2024.

DIFs are charged by local governmental agencies in connection with approval of development projects. The purpose of these fees is to defray all or a portion of the cost of public facilities related to the development project. The legal requirements for enactment of a DIF program are set forth in Government Code §§ 66000- 66025 (the "Mitigation Fee Act"), the bulk of which was adopted as 1987’s AB 1600 and thus commonly referred to as “AB 1600 requirements”.

In Brentwood, DIFs are collected at the time a building permit is issued for the purpose of mitigating the impacts caused by new development on the City’s infrastructure. Fees are used to finance the acquisition, construction and improvement of public facilities needed as a result of this new development. A separate fund has been established to account for the impact of new development on each of the following types of public facilities: Water, Roadway, Parks and Trails, Wastewater, Community Facilities and Fire.

Fees imposed on new development within the City have been in place since 1979. In 1989, the City prepared its first “Capital Improvements Costs and Basis of Development Fees” report which was a detailed study of the impacts of future growth on local facilities. This report provided the analysis and support for the DIFs imposed by the City, with various updates to the study occurring through 1998. In the 1999 update of the study, the report was renamed the City of Brentwood Development Fee Program with the most recent update, the City of Brentwood Development Fee Program (“DIF Program”), being adopted by City Council on February 9, 2021.

State law requires the City prepare and make available to the public the DIF Report within 180 days after the last day of each fiscal year. The City Council must review the annual report at a regularly scheduled public meeting not less than fifteen days after the information is made available to the public. This report was filed with the City Clerk’s office and available for public review on November 25, 2024.

Respectfully submitted,
Kerry Breen
City Treasurer/Director of Finance and Information Systems

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5 INTRODUCTION

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6 Development Impact Fee Report

LEGAL REQUIREMENTS FOR DEVELOPMENT IMPACT FEE REPORTING A. CALIFORNIA GOVERNMENT CODE SECTION 66006 (b)
California Government Code Section 66006 (b) defines the specific reporting requirements for local agencies that impose AB 1600 DIFs on new development. Annually, for each separate fund established for the collection and expenditure of DIFs, the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the information shown below for the most recent fiscal year. The applicable page numbers for the location where each item can be found in the report are provided for reference.

a. A brief description of the type of fee in the account or fund. (Pages 8 to 9) b. The amount of the fee. (Page 9)
c. The beginning and ending balance of the account or fund. (Page 11) d. The amount of the fees collected and interest earned. (Pages 11 to 17) e. An identification of each public improvement on which fees were expended and the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. (Page 26)
f. i. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement. (Page 26) ii. An identification of each public improvement identified in a previous report pursuant to clause (i) and whether construction began on the approximate date noted in the previous report. iii. For a project identified pursuant to clause (ii) for which construction did not commence by the approximate date provided in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction. g. A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan. (Pages 19 to 22)
h. The amount of refunds made due to sufficient funds being collected to complete financing on incomplete public improvements, the number of persons or entities identified to receive those refunds, and the amount of reallocation of funds made due to administrative costs of refunding unexpended revenues exceeding the amount to be refunded. (Page 23) B. CALIFORNIA GOVERNMENT CODE SECTION 66001 (d)
For all funds established for the collection and expenditure of DIFs, California Government Code Section 66001 (d) has additional requirements. For the fifth fiscal year following the first deposit into the fund and every five years thereafter, the local agency shall make all of the following findings with respect to that portion of the fund remaining unexpended, whether committed or uncommitted:
 Identify the purpose to which the fee is to be put.

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7 Development Impact Fee Report
 Demonstrate a reasonable relationship between the fee and purpose for which it is charged.  Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements.
 Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.

As of June 30, 2024, the City does not report any DIF Funds held past the fifth year of first deposit.

C. ADDITIONAL NOTES
The State of California Government Code Section 66002 states that local agencies that have developed a fee program may adopt a Capital Improvement Program (CIP) indicating the approximate location, size and timing of projects, plus an estimate for the cost of all facilities or improvements to be financed by fees. A formal CIP is recommended, at a minimum, as a five-year plan. The City annually produces a five-year CIP which helps to maintain and support the City’s General Plan as well as identify situations where infrastructure is needed to accommodate the planned development.

The City’s current, adopted 2024/25 – 2028/29 Capital Improvement Program can be found on the City’s website at www.brentwoodca.gov.

D. ESTABLISHING A REASONABLE RELATIONSHIP BETWEEN THE FEE AND THE PURPOSE FOR WHICH IT IS CHARGED The City’s DIF Program has been in effect in Brentwood since FY 1989/90. The current DIF Program, titled the City of Brentwood Development Fee Program 2024 Update, was adopted on February 9, 2021, with the annual fee adjustment occurring July 1, 2024. Adjustments to the fees shall be made annually in accord with the Engineering News Record Construction Cost Index. The DIF Program sets forth the relationship between contemplated future development, facilities needed to serve future development and the estimated costs of those improvements based on the current General Plan for build-out.

Comprehensive updates to the program are completed on an as-needed basis to ensure the program continues to reflect the appropriate fees in relation to updated costs.

Many of the City’s CIP projects are financed in part by the impact fees outlined in the DIF Program. The City’s capital improvements provide infrastructure to the residents and businesses in Brentwood in order to keep pace with ongoing development in, and adjacent to, the community. Estimated project costs, and the summary of fee apportionment to each development impact fee type, are detailed within the City’s DIF Program beginning with Table 7 in that document.

Information on current CIP projects that are in the DIF Program can be found on page 26 including:

Current Projects, Project Phase, Estimated Construction Start Date, Estimated Completion Date, Estimated Project Cost and Development Impact Fee information including Budget to Date, Funding to Date and Estimated % of Project Funded with fees.

E. FUNDING OF INFRASTRUCTURE
The 2024/25 – 2028/29 CIP identifies all funding sources and amounts for individual projects projected through FY 2028/29. The CIP is updated annually to reflect the current infrastructure needs of the City.

As a CIP project is identified, the project is evaluated to determine the portion of the project that will service existing residents and businesses versus new development.

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8 Development Impact Fee Report
Once the determination of use is made, the percentage of use attributable to new development is then funded by the appropriate development impact fee based on the type of project. The percentage of use associated with existing residents or businesses are funded from other appropriate sources as identified on each individual project sheet in the CIP. All future planned infrastructure needs are outlined in the DIF Program. Estimated construction start dates for projects are adjusted, as needed, to reflect the needs of the community.

F. CURRENT MAJOR CIP PROJECTS
The Sand Creek Sports Complex project is currently in the design phase and expected to be completed in fall 2026. This project is funded partially by Parks and Trails DIFs.

The Lone Tree Way Roadway Improvements project phase 1 is currently under construction and expected to be completed in FY 2024/25. Phase 1 is funded by Roadway DIFs.

The construction for the Sand Creek Road Extension
project is currently underway and expected to be
completed in FY 2024/25. This project is funded
partially by Roadway DIFs.

The Wastewater Treatment Plant (WWTP) Expansion –
Phase II project is currently under construction. This
project is funded through a State Revolving Fund
(SRF) loan, which will be repaid in part by Wastewater
DIFs.

Additional budget information regarding CIP projects
funded by DIFs is shown in the table on page 26.

DESCRIPTION OF DEVELOPMENT IMPACT FEES
Water Development Impact Fee – To provide for the expansion of production, storage, transmission, treatment and distribution facilities in the water utility as specified in the City’s Water Master Plan (2017) and DIF Program.

Roadway Development Impact Fee – To provide for traffic improvements necessary to accommodate the increase in traffic generated by new development as specified in the City’s General Plan – Circulation Element and DIF Program.

Parks and Trails Development Impact Fee – To provide for the acquisition and development of parks as specified in the City’s Parks, Trails and Recreation Master Plan Update (2019) and DIF Program.

Wastewater Development Impact Fee – To provide for the expansion of collection and treatment capacities in the wastewater utility and expansion of non-potable water facilities as specified in the City’s Sewer Master Plan (2017), the Recycled Water Feasibility Study (2013) and DIF Program.

Sand Creek Road Extension

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9 Development Impact Fee Report
Community Facilities Development Impact Fee – To provide for the expansion, design and construction of capital facilities that attain the Community Services and Facilities goals of the City’s General Plan as specified in the City’s CIP and DIF Program.

Fire Development Impact Fee – On July 1, 2022 East Contra Costa Fire Protection District (ECCFPD) merged with Contra Costa County Fire Protection District (ConFire). Prior to the merger the City collected Fire DIFs. All Fire DIF funds and assets were transferred to ECCFPD prior to the merger, and the City ceased collecting the Fire DIF.

Although the City has a Fire DIF in effect, pursuant to City Council Resolution 2020-101, payment of the ConFire DIF will provide a credit against the City’s Fire DIF for each residential unit or non-residential building. If the City’s Fire DIF for a particular development is higher than the amount of the ConFire DIF, payment of the ConFire DIF shall be deemed to fully satisfy payment of the City’s Fire DIF. As such, the City has not collected any Fire DIF funds subsequent to the merger, and does not expect to collect Fire DIF fees in the future.

The purpose of the Fire DIF is to provide necessary funding for fire facilities required to serve new development in the City through build-out as defined by the General Plan. The transfer of Fire DIF funds to ConFire will continue to support this purpose.

CURRENT FEE SCHEDULE – The DIF Program is reviewed annually in conjunction with the development of the CIP to ensure the DIF Program is accounting for all planned future development. The updated DIF Program information is then used to determine the amount of fees available for the funding of the proposed CIP projects.

Fee Category Single-Family Multi-Family Commercial Office Industrial/
Institutional
Administration $871.39 $511.42 $0.4703 $0.6175 $0.3689
Community Facilities $858.88 $504.07 $0.0122 $0.0160 $0.0096 Parks and Trails $13,076.44 $9,664.80 - - -
Roadways $14,566.61 $9,031.30 $5.4279 $6.5113 $4.0204
Wastewater $7,890.25 $5,831.68 $1.7936 $2.1198 $1.4721
Water $16,290.34 $6,682.22 $1.6777 $2.0648 $1.4339
Total Fees $53,553.91 $32,225.49 $9.38 $11.33 $7.30
(1) Fees updated July 1, 2024, pursuant to City Council Resolution No. 2021-20 DEVELOPMENT FEE PROGRAM (1)
General Plan Build Out
RESIDENTIAL per Unit NON-RESIDENTIAL per Building SF

SCHEDULE OF FEES

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10 Development Impact Fee Report

DEVELOPMENT IMPACT FEE REPORT

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11 Development Impact Fee Report

Parks and Community
Description Water Roadway Trails Wastewater Facilities Fire

REVENUES
Fees 1,752,223 $ 193,154 $ 417,928 $ 78,072 $ 41,696 $ - $ Interest 395,593 745,467 314,821 604,615 - -
Other Revenues 3,502,800 (1) 7,323 (1) 4,066 (1) - - -
Total Revenues 945,944 5,650,616 736,815 682,687 41,696 -

EXPENDITURES
Expenditures 1,607,248 10,104,945 2,648,452 8,158,628 169,183 - Total Expenditures 10,104,945 1,607,248 2,648,452 8,158,628 169,183 -

REVENUES OVER (UNDER)
EXPENDITURES (9,159,001) 4,043,368 (1,911,637) (7,475,941) (127,487) - Fund Balance, Beginning of Year 14,015,259 (5,375,614) 667,920 (26,534,040) (8,059) - Fund Balance, End of Year $ (1,332,246) (2) $ (1,243,717) 4,856,258 $ (3) $ (34,009,981) (4) $ (135,546) (3) $ - (5) Notes:
(1)
(2)
(3)
(4)
(5)
Financial Summary Report
Statement of Revenues, Expenditures and Changes in Fund Balance For the Year Ended June 30, 2024
During FY 2021/22, all funds were transferred to ECCFPD.

Development Impact Fees
Other revenues include transfers in associated with CIP project funding timing changes, the closure of CIP projects and developer contributions for fair share improvements.

The Water DIF Fund reports a negative fund balance as a result of bonds payable associated with the Surface Water Treatment Facility. The payable as of June 30, 2024 is $8,580,654. The fund balance includes the balance owed on the debt and annual debt payments will continue through 2038. This fund has a positive cash and investments balance at June 30, 2024 of $6,849,607.

The Wastewater DIF Fund reports a negative fund balance as a result of notes payable associated with the Recycled Water Projects and WWTP Expansion - Phase II SRF loans. The payable as of June 30, 2024 is $39,881,953. The fund balance includes the balance owed on the debt. This fund has a positive cash and investments balance at June 30, 2024 of $3,594,553.

The Parks and Trails DIF Fund and Community Facilities DIF Fund report a negative fund balance due to timing issues which are expected to be corrected over the next few years as development occurs. CIP projects have been funded in advance on the basis of fees being collected in ensuing years. This type of fiscal management is mandatory to support the infrastructure needed to accommodate the planned development.

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12 Development Impact Fee Report
Description FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24

REVENUES
Fees 1,681,362 $ 3,043,640 $ 4,629,160 $ 379,269 $ 1,752,223 $ Interest 243,884 12,734 (350,630) 85,025 395,593
Other Revenues - 148,095 (1) 333,312 - (1) 3,502,800 (1) Total Revenues 3,204,469 1,925,246 4,278,530 797,606 5,650,616

EXPENDITURES
Expenditures 877,573 1,150,755 4,537,950 2,324,512 1,607,248 Total Expenditures 1,150,755 877,573 4,537,950 2,324,512 1,607,248

REVENUES OVER (UNDER)
EXPENDITURES 2,053,714 1,047,673 (259,420) (1,526,906) 4,043,368 Fund Balance, Beginning of Year (5,643,002) (6,690,675) (3,589,288) (3,848,708) (5,375,614) Fund Balance, End of Year $ (5,643,002) (2) $ (3,589,288) (2) $ (3,848,708) (2) $ (5,375,614) (2) $ (1,332,246) (2) Revenue Available:

Current Fiscal Year - $ - $ - $ - $ - $
Prior Fiscal Year (2-yr Old Funds) - - - - -
Prior Fiscal Year (3-yr Old Funds) - - - - -
Prior Fiscal Year (4-yr Old Funds) - - - - -
Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Prior Fiscal Years - - - - -
Total Revenue Available - $ - $ - $ - $ - $
Result: Five-Year Revenue test met in accordance with Government Code 66001 (d).

Notes:
(1)
(2)
(3)
Water Development Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Five-Year Revenue Test Using First In First Out Method (3) Other revenues include transfers in associated with the closure of CIP projects and changes in timing of CIP projects.

The Water DIF Fund reports a negative fund balance as a result of bonds payable associated with the Surface Water Treatment Facility. The amount payable as of June 30, 2024 is $8,580,654. The fund balance includes the balance owed on the debt and annual debt payments will continue through 2038. This fund has a positive cash and investments balance at June 30, 2024 of $6,849,607.

In using the revenue and expenditure reports to report fees that have been held past the fifth year of first deposit, the total revenues received over the five-year period must be subtracted from the ending fund balance. Any fund balance in excess of the prior five years' revenue must have findings reported in accordance with Government Code 66001 (d). See pages 6 to 7.

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13 Development Impact Fee Report
Description FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24

REVENUES
Fees 2,628,463 $ 4,922,012 $ 5,280,440 $ 815,297 $ 193,154 $ Interest 707,124 38,978 (845,403) 204,044 745,467
Other Revenues 704,522 (1) 1,589,907 (1) 238,771 (1) 47,490 (1) 7,323 (1) Total Revenues 6,550,897 4,040,109 4,673,808 1,066,831 945,944

EXPENDITURES
Expenditures 4,841,343 983,662 4,490,215 1,066,213 10,104,945 Total Expenditures 983,662 4,841,343 4,490,215 1,066,213 10,104,945

REVENUES OVER (UNDER)
EXPENDITURES 5,567,235 (801,234) 183,593 618 (9,159,001) Fund Balance, Beginning of Year 8,263,813 9,065,047 13,831,048 14,014,641 14,015,259 Fund Balance, End of Year $ 13,831,048 8,263,813 $ 14,014,641 $ 14,015,259 $ 4,856,258 $ Revenue Available:

Current Fiscal Year 4,040,109 $ 6,550,897 $ 4,673,808 $ 1,066,831 $ 945,944 $ Prior Fiscal Year (2-yr Old Funds) 3,403,302 4,040,109 6,550,897 4,673,808 1,066,831 Prior Fiscal Year (3-yr Old Funds) 820,402 3,240,042 2,789,936 6,550,897 2,843,483 Prior Fiscal Year (4-yr Old Funds) - - - 1,723,723 -
Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Prior Fiscal Years - - - - -
Total Revenue Available 8,263,813 $ 13,831,048 $ 14,014,641 $ 14,015,259 $ 4,856,258 $ Result: Five-Year Revenue test met in accordance with Government Code 66001 (d).

Notes:
(1)
(2)
Five-Year Revenue Test Using First In First Out Method (2) Other revenues include developer contributions for fair share improvements and transfers in associated with the closure of CIP projects.

Roadway Development Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years

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14 Development Impact Fee Report

Description FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24

REVENUES
Fees 1,239,281 $ 1,907,548 $ 6,129,879 $ 771,948 $ 417,928 $ Interest 69,336 3,612 (191,090) 57,655 314,821
Other Revenues 21,114 (1) 8,203 (1) 217,676 (1) 327 (1) 4,066 (1) Total Revenues 1,919,363 1,329,731 6,156,465 829,930 736,815

EXPENDITURES
Expenditures 1,169,213 1,198,890 1,528,014 7,040,831 2,648,452 Total Expenditures 1,198,890 1,169,213 1,528,014 7,040,831 2,648,452

REVENUES OVER (UNDER)
EXPENDITURES 720,473 160,518 4,628,451 (6,210,901) (1,911,637) Fund Balance, Beginning of Year 1,529,897 1,369,379 2,250,370 6,878,821 667,920 Fund Balance, End of Year $ 2,250,370 1,529,897 $ 6,878,821 $ 667,920 $ (1,243,717) $ (2) Revenue Available:

Current Fiscal Year 1,329,731 $ 1,919,363 $ 6,156,465 $ 667,920 $ - $ Prior Fiscal Year (2-yr Old Funds) 200,166 331,007 722,356 - - Prior Fiscal Year (3-yr Old Funds) - - - - -
Prior Fiscal Year (4-yr Old Funds) - - - - -
Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Prior Fiscal Years - - - - -
Total Revenue Available 1,529,897 $ 2,250,370 $ 6,878,821 $ 667,920 $ - $ Result: Five-Year Revenue test met in accordance with Government Code 66001 (d).

Notes:
(1)
(2)
(3)
The Parks and Trails DIF Fund reports a negative fund balance due to timing issues which are expected to be corrected over the next few years as development occurs. CIP projects have been funded in advance on the basis of fees being collected in ensuing years.

This type of fiscal management is mandatory to support the infrastructure needed to accommodate the planned development.

Other revenues include transfers in associated with the closure of CIP projects.

Five-Year Revenue Test Using First In First Out Method (3) Parks and Trails Development Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years

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15 Development Impact Fee Report
Description FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24

REVENUES
Fees 1,528,913 $ 3,479,374 $ 2,839,669 $ 270,851 $ 78,072 $ Interest 31,101 670,243 (449,605) 133,394 604,615
Other Revenues - 2,675,904 (1) 193 - (1) -
Total Revenues 6,186,379 2,199,156 2,390,064 404,438 682,687

EXPENDITURES
Expenditures 2,809,362 298,546 16,941,564 24,253,156 8,158,628 Total Expenditures 298,546 2,809,362 16,941,564 24,253,156 8,158,628

REVENUES OVER (UNDER)
EXPENDITURES 5,887,833 (610,206) (14,551,500) (23,848,718) (7,475,941) Fund Balance, Beginning of Year 5,978,345 6,588,551 11,866,178 (2,685,322) (26,534,040) Fund Balance, End of Year $ 11,866,178 5,978,345 $ (2,685,322) $ (2) $ (26,534,040) (2) $ (34,009,981) (2) Revenue Available:

Current Fiscal Year 2,199,156 $ 6,186,379 $ - $ - $ - $ Prior Fiscal Year (2-yr Old Funds) 2,167,967 2,199,156 - - - Prior Fiscal Year (3-yr Old Funds) 1,611,222 2,167,967 - - - Prior Fiscal Year (4-yr Old Funds) - 1,312,676 - - -
Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Prior Fiscal Years - - - - -
Total Revenue Available 5,978,345 $ 11,866,178 $ - $ - $ - $ Result: Five-Year Revenue test met in accordance with Government Code 66001 (d).

Notes:
(1)
(2)
(3) In using the revenue and expenditure reports to report fees that have been held past the fifth year of first deposit, the total revenues received over the five-year period must be subtracted from the ending fund balance. Any fund balance in excess of the prior five years' revenue must have findings reported in accordance with Government Code 66001 (d). See pages 6 to 7.

Five-Year Revenue Test Using First In First Out Method (3) Wastewater Development Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Other revenues include transfers in associated with the closure of CIP projects. FY 2020/21 includes $2,660,640 in SRF loan forgiveness for the WWTP Expansion - Phase II project.

The Wastewater DIF Fund reports a negative fund balance as a result of notes payable associated with the Recylced Water Projects and WWTP Expansion - Phase II SRF loans. The amount payable as of June 30, 2024 is $39,447,473. The fund balance includes the balance owed on the debt. This fund has a positive cash and investments balance at June 30, 2024 of $3,594,553.

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16 Development Impact Fee Report

Description FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24

REVENUES
Fees 438,709 $ 418,454 $ 354,203 $ 62,258 $ 41,696 $
Interest 37,486 520 (6,432) 878 -
Other Revenues 183,724 (1) - - 145,775 (1) -
Total Revenues 418,974 659,919 347,771 208,911 41,696

EXPENDITURES
Expenditures 220,965 208,180 170,830 170,497 169,183
Total Expenditures 208,180 220,965 170,830 170,497 169,183

REVENUES OVER (UNDER)
EXPENDITURES 210,794 438,954 176,941 38,414 (127,487)
Fund Balance, Beginning of Year (434,208) (873,162) (223,414) (46,473) (8,059) Fund Balance, End of Year $ (434,208) (2) $ (223,414) (2) $ (46,473) (2) $ (8,059) (2) $ (135,546) (2) Revenue Available:

Notes:
(1)
(2)
(3)
Other revenues include transfers in associated with the closure of CIP projects.

The Community Facilities DIF Fund reports a negative fund balance due to timing issues which are expected to be corrected over the next few years as development occurs. CIP projects have been funded in advance on the basis of fees being collected in ensuing years. This type of fiscal management is mandatory to support the infrastructure needed to accommodate the planned development.

Five-Year Revenue Test Using First In First Out Method (3) Community Facilities Development Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years

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Brentwood City CouncilDecember 10, 2024

Brentwood City Council
December 10, 2024