Brentwood City Council
January 14, 2025

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obtain all necessary permits and comply with applicable sanitation, food preparation, and food handling laws, and thereby will protect the public health and safety against health problems such as food contamination, poor hygienic practices, and the threat of food poisoning; and
WHEREAS, the City Council finds that regulation of mobile vending in residential areas is necessary to ensure that such areas are protected from excessive noise and traffic impacts, which threaten the tranquil nature of residential areas, while allowing economic opportunities for mobile vendors; and WHEREAS, the City Council finds that, because mobile vending is typically transient in nature, the City, law enforcement, and other health and safety regulators, are less able to hold mobile vending businesses accountable for health and safety violations than other businesses operating from fixed locations. Therefore, the City Council finds that it is necessary to establish regulations for the identification of applicants and restricting permits from those persons with records of certain criminal conduct that pose a threat to public safety; and
WHEREAS, the City Council finds that regulation of mobile vending is necessary as vendors have regular and routine access to children, often in secluded or unmonitored areas, so ensuring that no one is being authorized to operate in residential neighborhoods during specified days and times potentially threatening the health, safety, or welfare of the public or children is of paramount importance; and WHEREAS, the City Council finds young people in the community are susceptible to: distraction while at school; being drawn away from school or to cross busy streets, thereby obstructing traffic and causing vehicular collisions with pedestrians; or to fraudulent business conduct. To promote the health, safety and welfare of children while they are near schools, it is necessary to regulate commercial activity near locations which have high concentrations of unsupervised youth, such as in the vicinity of schools before and after class hours; and WHEREAS, the City Council finds that there are unique geographic and historical characteristics of the City that prevent mobile vendors from operating in City streets adjacent to certain sidewalks and pedestrian pathways without detrimentally affecting the public health, safety, and welfare. Among these are City streets, sidewalks and pathways located in certain older portions of the City where the nature of the underlying use as a high pedestrian traffic area and/or access to designated historical buildings and/or structures are incapable of supporting both pedestrian traffic and mobile vendors. Further, mobile vendors that attract additional pedestrian traffic can inhibit the ability of disabled individuals, block building ingress/egress within these areas, particularly in the non-residential areas of the Downtown Specific Plan – Downtown Core District. In addition, mobile vending within the Downtown Specific Plan – Downtown Core District results in substantial potential for litter and damage caused by vendors and their patrons, which would be detrimental to the welfare of the community as the use and enjoyment of the most significant historical resource within the City of Brentwood would be degraded.

Furthermore, in order to preserve and promote economic viability consistent with Brentwood General Plan Economic Development Goal ED4 to “Emphasize Downtown

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as the thriving central gathering area of Brentwood that reflects the city’s unique character and heritage, and provides for a range of retail uses, services, and public areas,” the Downtown Specific Plan – Downtown Core District which contains many restaurants that attract customers, needs special consideration and protection from competing mobile vendors by generally prohibiting mobile vendors, except when approved as part of a Special Event Permit and/or Temporary Use Permit, which balances the interests of both restaurants and food trucks by providing important economic, cultural, and neighborhood benefits to the City and simultaneously allowing mobile vendors to prosper, and manages sidewalk congestion caused by lines of mobile vendor customers; and
WHEREAS, on February 27, 2024, the City Council considered and approved the first reading of a new ordinance repealing and replacing the City’s regulations related to Mobile Vending (Ordinance No. 1070), including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein; and
WHEREAS, on March 12, 2024, the City Council considered the second reading and adoption of the new ordinance repealing and replacing the City’s regulations related to Mobile Vending, but requested that further revisions be considered and continued the Mobile Vending Ordinance to a future date; and WHEREAS, on October 22, 2024, the item was agendized for the City Council considered the first reading and adoption of the revised ordinance repealing and replacing the City’s regulations related to Mobile Vending and was continued again to a future date; and
WHEREAS, on January 14, 2025, the City Council considered the first reading of a revised ordinance repealing and replacing the City’s regulations related to Mobile Vending (Ordinance No. 1070), including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein.

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

SECTION 1. Recitals. The above recitals are true and correct and are hereby adopted as findings in support of this Ordinance as if fully set forth herein.

SECTION 2. CEQA. This Ordinance is exempt from the requirements of 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 since the proposed ordinance would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities. In addition to CEQA Guidelines Section 15061(b)(3), the proposed ordinance would also be exempt from the CEQA pursuant to CEQA Guidelines Section 15311(c) in that the proposed ordinance relates to the placement

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of seasonal or temporary use mobile food units, in generally the same locations from time to time in areas designed for public use. The City Clerk shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.

SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Brentwood hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 4. Amendment. The Brentwood Municipal Code is hereby amended to repeal and replace Chapter 5.68 (Mobile Vending) in its entirety with the revised Chapter 5.68 (Mobile Vending) as provided in Exhibit A, attached hereto and incorporated herein.

SECTION 5. Effective Date. This Ordinance shall become effective March 1, 2025.

SECTION 6. Publication Date. This ordinance shall be published in accordance with Government Code Section 36933. 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.

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 14th day of January 2025 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED
Susannah Meyer
Mayor
ATTEST:

Amanda McVey
City Clerk

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EXHIBIT “A”
Chapter 5.68

MOBILE VENDING
Sections:

5.68.010 Purpose.

5.68.020 Definitions.

5.68.030 Permits Required.

5.68.040 Location and Siting Requirements.

5.68.050 Operating Regulations.

5.68.060 Suspension; Rescission.

5.68.070 Appeals to City Manager.

5.68.080 Violations; Penalties.

5.68.090 Severability.

Section 5.68.010 Purpose.

This Chapter establishes requirements for the vending of food and goods in the public right-of-way and on private property, including but not limited to city facilities and parking lots, to prevent traffic, safety, and health hazards. The primary purpose of the public streets, sidewalks, parking lots, and other public ways is for use by vehicular and pedestrian traffic. Regulating mobile vending will protect the public health and safety and ensure safe pedestrian and vehicular traffic. Unregulated vending in the public right-of-way, from any vehicles including mobile food vehicles or food trucks contributes to traffic congestion and can impede the orderly movement of pedestrians and vehicles. The unregulated use of congested streets and sidewalks with a high concentration of vehicular, pedestrian and commercial activity by mobile food vendors can make the streets and walkways unsafe for motorists, cyclists, pedestrians, and mobile food vendors themselves.

Section 5.68.020 Definitions.

For purposes of this Chapter, the following definitions apply:

A. “Applicant” means a person who is applying for a mobile vendor permit pursuant to this Chapter.

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B. “City” means the City of Brentwood.

C. “City manager” means the city manager of the City of Brentwood, or their designee.

D. “Compact mobile food operation” means a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

E. “Commissary” means a food facility that services mobile food facilities, mobile support units, or vending machines where any of the following occur: (1) food, containers, or supplies are stored; (2) food is prepared or prepackaged for sale or service at other locations; (3) utensils are cleaned; or (4) liquid and solid wastes are disposed, or potable water is obtained. A commissary may be considered in an underlying non-residential zoning district, if the commissary is an ancillary use to a primary permitted use on the property, and complies with all the requirements contained in Title 17 (Zoning) of the Brentwood Municipal Code.

F. “County” means the County of Contra Costa.

G. “Food” means and refers to any substance as defined by California Health and Safety Code Section 113781, as a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum.

H. “Long-term mobile vending facility” means a mobile vending facility that operates on a longer-term than allowed in Chapter 5.68, not short-term, basis, that is allowed by the underlying non-residential zoning district, is an ancillary use to a primary use on the property, or that can not meet all requirements as outlined in Chapter 5.68, and complies with all the requirements contained in Title 17 (Zoning) of the Brentwood Municipal Code.

I. “Mobile food facility” means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. “Mobile food facility” does not include a “transporter” used to transport packaged food from a food facility, or other approved source to the consumer. It means any motor vehicle or device, including, but not limited to, cars, trucks, and vans, or any vehicle or device that is pushed, pulled, carried, towed or otherwise transported by a motor vehicle or device and equipped to store, prepare, serve, advertise, promote, offer, convey, barter, trade, solicit and/or sell food, foodstuffs, food products, and all associated wares, goods, and merchandise.

J. “Mobile vending” means the selling, advertising, promoting, offering, or soliciting to sell, convey, barter, or trade food, products, goods, merchandise, and/or services from a mobile food facility or mobile vending facility.

K. “Mobile vending facility” means both a “mobile food facility” and any vehicle used in conjunction with mobile vending.

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L. “Mobile vendor” means and refers to any individual or person (natural and corporate) that operates or assists in the operation of a mobile food facility or mobile vending facility.

M. “Mobile vendor permit” means a permit issued by the City to a mobile vendor pursuant to this Chapter.

N. “Permittee” means a person who has been issued a mobile vendor permit pursuant to this Chapter.

O. “Person” means an individual, firm, partnership, corporation, company, association, or other legal entity and includes a trustee, receiver, assignor or similar representative of any of them.

P. “Temporary special permit" means an event authorized by a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or any other public area, including, but not limited to, an encroachment permit, special event permit, or temporary use permit under Chapter 17.850, for purposes including, but not limited to, filming, parades, or outdoor concerts.

Section 5.68.030 Permits Required.

A. It shall be unlawful for any person to maintain, manage, or operate a mobile vending facility within the City unless such activity is maintained, managed, or operated in strict compliance with all applicable city, county, state, and federal laws, rules, and regulations, including but not limited to the requirements of Title 17 (Zoning) of the Brentwood Municipal Code if applicable.

B. Prior to operating, a mobile vendor shall obtain the following:

1. a mobile food facility permit issued by Contra Costa County, if applicable; and

2. a business tax certificate issued pursuant to Chapter 5.04 of this Code; and

3. a mobile vendor permit issued by the City pursuant to this Chapter.

C. The mobile vendor permit application shall be approved or conditionally approved by the Director provided all the following criteria, in addition to any others which may be imposed by the City, have been met:

1. Accurate completion of the application, including submittal of all required information or supporting documentation, including, but not limited to, a currently valid driver’s license for operation of the mobile vending facility;

2. Payment of all applicable fees, which shall be non-refundable;

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3. An affidavit signed by the applicant attesting that the information provided in the application is true and correct and that the applicant is not a registered sex offender and has not been found guilty or pled no contest to any of the following within five years prior to the date of the application: any crime involving driving under the influence of alcohol or other controlled substance; any crime involving reckless driving; any offense resulting in the suspension of a driver’s license; a criminal assault; any child annoyance or sex-related crime; any drug-related misdemeanor or felony; the sale, distribution or display of obscene material; or indecent exposure; and

4. Mobile vendors shall maintain, at all times during which the mobile vending facility is in operation, a policy of $1 million general comprehensive liability insurance as approved by the City and insuring against injury or death of a person and for claims of property damage resulting from the applicant’s use of the public right-of-way. The City and its officials, officers, employees and agents shall be named as additional insureds under such insurance policy. Submission and approval of such insurance shall be a condition precedent to approval and issuance of any permit.

In addition, the mobile vendor shall indemnify, defend and hold the City and its officials, officers, employees and agents harmless from any claims arising out of or related to the vendor’s ownership, operation, or use of its mobile vending facility, except as otherwise permitted by applicable law.

5. Confirmation of compliance with all conditions and requirements of this Chapter.

D. The mobile vendor permit application may be denied (initially or upon application for a renewed permit) for any of the following reasons:

1. Failure to submit a complete application with full application fee;

2. Fraud or misrepresentation made in the application or in the course of operating a mobile vending facility;

3. Being a registered sex offender or having a conviction or plea of no contest in the previous five years of a crime as listed in subsection (C)(3) of this Section;

4. Violation of this Chapter or the terms of the mobile vendor permit.

5. It is determined by the Community Development Director that the operation would not be operated in a compatible, efficient, harmonious, nuisance-free, orderly, and safe, manner at all times.

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6. In the case of an application for a long-term mobile vending facility or commissary, and only if required by the requirements of Title 17 (Zoning) of the Brentwood Municipal Code to obtain a mobile vendor permit application, the use is not allowed in the underlying zoning district and/or is not an ancillary use on the property.

E. Except in cases of a long-term mobile vending facility or commissary, the term of each mobile vendor permit, unless sooner terminated, suspended or revoked, shall be valid for a calendar year: twelve (12) months, or fraction thereof, from the date of issuance. The term of a permit for a long-term mobile vending facility or commissary shall be specified under Title 17 (Zoning) of the Brentwood Municipal Code. Upon the expiration of such term, and consistent with the other provisions of this Chapter, the holder of such mobile vendor permit may renew the mobile vendor permit for one additional one-year term by submitting a new application, together with any fees that may be required, and by complying with all other terms of this article. All mobile vendor permits issued pursuant to this Section shall expire and have no further force and effect upon the date specified in the permit.

F. A separate health permit and/or mobile vendor permit shall be obtained for each mobile vending facility or commissary even when conducted under the same ownership. A City business tax certificate shall be obtained prior to operating a mobile vending facility; a single business tax certificate may be obtained for multiple mobile vending facilities if they report gross receipts on one set of books.

G. Any business tax certificate and/or mobile vendor permit issued pursuant to this Chapter shall be personal and shall not be assigned, transferred, sold or otherwise conveyed by the person to whom such permit has been issued to any other person; any such attempted assignment, transfer or conveyance shall immediately render such permit void.

H. Each mobile vending facility shall at all times have permanently affixed to the vehicle in a manner designated by the City and any other local regulatory agency evidence of a current and valid mobile vendor permit issued by the City and evidence of a current and valid Contra Costa County mobile food facility permit, when applicable.

Section 5.68.040 Location and Siting Requirements.

A. Generally
All mobile vending facilities shall be located so as not to impede safe movement of vehicular, bicycle or pedestrian traffic, and to maintain a clear line of sight for vehicles, bicycles and pedestrians. No mobile vending facilities shall be located so as to obstruct access to or circulation through any parking lot, or to obstruct access to any public sidewalk or alley. In addition, no commissary may be established without complying with all the requirements contained in Title 17 (Zoning) which may include obtaining a temporary use permit under Chapter 17.850.

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B. Private Property

1. A mobile vending facility may only operate on private property so long as it is an ancillary use to a permitted use in the zone where the mobile vending is conducted.

2. A mobile vending facility operating on private property shall first obtain written permission from the property owner.

3. A mobile vending facility shall be parked in a parking space on a paved surface outside any designated fire lane and outside any parking or loading space that is required for the principal use on the property. Operating on dirt lots is prohibited.

4. Mobile vending operations shall not reduce the available parking on the property below the minimum number of parking spaces required to serve the existing use(s) on the lot.

5. A total of one (1) mobile vending facilities may be located on a single private property without the need for a Temporary Use Permit issued by the City pursuant to Chapter 17.850 of the Brentwood Municipal Code. A Temporary Use Permit shall be required whenever two (2) or more mobile vending facilities are proposed to be on a single private property at the same time.

6. A mobile vending facility on private property shall be a minimum of one hundred (100) feet from the main entrance to any eating establishment, outdoor dining area, or similar food service business, measured from the location of the mobile vending facility to the commercial structure, unless the mobile vending facility first obtains written permission from the business owner.

7. A mobile vending facility on private property shall be a minimum of three hundred (300) feet from any single-family residentially zoned property, measured from the location of the mobile vending facility to the residential structure.

8. A mobile vending facility may not vend on any private property within the Downtown Specific Plan – Downtown Core District unless approved as part of a Temporary Special Permit.

9. To ensure that a mobile vending facility is ancillary and not a primary use, a mobile vending facility may only vend on a parcel containing a principal building and shall not park, operate, or be placed on a vacant parcel.

C. Public Right of Way

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1. Mobile vending in the public right-of-way is permitted only as set forth in this Section.

2. A mobile vending facility in operation within the public right of way shall be located as follows:
a. A minimum of twenty-five (25) feet from any street
intersection controlled by a traffic light, crosswalk,
or stop sign.
b. A minimum of twenty-five (25) feet from any bus
stop.
c. A minimum of twenty-five (25) feet from any
pedestrian or vehicular entrance to any school
facility. The twenty-five (25) feet distance shall be
measured from the driveway or pedestrian walkway
which is closest to the mobile vending facility. This
prohibition may be waived for special events for
which the City issues a Temporary Special Permit, or
by written permission of the school district or any
other entity which operates the applicable school.
d. Any other reasonable locational requirements
deemed necessary by the City in order to protect the
public health and safety.
e. A minimum of one hundred (100) feet from the main
entrance to any eating establishment, outdoor
dining area, or similar food service business,
measured from the location of the mobile vending
facility to the commercial structure, unless the
mobile vending facility first obtains written
permission from the business owner.
f. A minimum of three hundred (300) feet from any
single-family residentially zoned property, measured
from the location of the mobile vending facility to the residential structure, outside of the hours of 11:00
am to 2:00 pm Monday-Friday and 8:00 am to 9:00
pm Saturday and Sunday.

3. A mobile vending facility operating in the public right-of-way shall, at all times, operate in compliance with the California Vehicle Code, Title 10 (Vehicles and Traffic) of the Brentwood Municipal Code, and all posted parking, stopping, and standing restrictions.

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4. When parked in the designated parking area within the public right of way, a mobile vending facility may only serve customers from the adjacent sidewalk and shall not serve customers from the side of the vehicle closest to the motorized travel lanes of the street or an adjacent parking stall. This would prohibit service in angled parking stalls unless directly abutting a paved pedestrian pathway.

5. A mobile vending facility that operates in the public right-of-way may not stop or park at a location on the street for any longer than allowed by parking restrictions on the street, but in any event may not operate the mobile vending facility for longer than three (3) hours, and shall not return to the same location, or a location within one thousand feet (1000 feet) of the location, within two (2) hours unless approved as part of a Temporary Special Permit.

6. A mobile vending facility may not vend within the public right-ofway within the Downtown Specific Plan – Downtown Core District unless approved as part of a Temporary Special Permit.

Section 5.68.050 Operating Regulations.

To operate lawfully within the City, every mobile vendor must comply with the following standards unless approved as part of a Temporary Special Permit:

A. Mobile vending facilities shall not connect to temporary or permanent on-site water, gas, electricity, telephone, cable sources, or other utilities.

B. Mobile vending facilities shall only operate, stand or park in the public right-of-way as follows:

1. For residential zones, between the hours of 8:00 am and 9:00 pm, except as further restricted in Section 5.68.040(C)(f).

2. For non-residential zones, between the hours of 6:00 am and 12:00 am.

C. Tables, chairs, free-standing umbrellas, and shade structures are prohibited on streets, parking spaces, and on sidewalks.

D. Outside of hours of active operations, mobile vending facilities shall be removed from the operating site, whether on private property or in the public rightof-way. Mobile vending facilities shall not be parked overnight at the location of operation nor at a residential property unless approved as part of a Temporary Special Permit. A mobile food facility must be stored at an approved commissary in accordance with the required permit from Contra Costa County. All commissaries within the City shall comply with all the requirements contained in Title 17 (Zoning) of the Brentwood Municipal Code.

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E. Mobile vendors shall not use any noise amplification or external speakers. Any mobile food facility shall be subject to the requirements of Chapter

9.32 (Noise Regulations) of the Brentwood Municipal Code.

F. Any signage advertising, displaying, or promoting the products and/or services of a mobile vending facility must be permanently attached to or painted on the mobile vending facility. All such signs shall be subject to the provisions of Chapter

17.640 (Sign Ordinance) of the Brentwood Municipal Code. No signs or banners that are separate from the mobile vending facility shall be placed at the operating site or within the public right-of-way.

G. Mobile vendors are prohibited from littering and discharging waste into storm drains. The mobile vendor must remove litter caused by its products from any public and private property within a twenty-five (25) foot radius of the mobile vending facility’s location. All mobile vendors shall provide separate and clearly marked receptacles for trash, recycling, organic waste, and/or compost, according to the collection services available, at the operating site. Mobile vendors shall properly dispose of all trash, recycling, organic waste, and/or compost generated by their operations daily.

H. Mobile vending facilities must have current and valid vehicle registration clearly marked on their vehicle license plates while vending.

I. Mobile vendors must display a valid mobile vendor permit and business tax certificate issued by the City within the vehicle used for vending.

J. Mobile vendors shall maintain, at all times during which the mobile vending facility is in operation, a policy of $1 million general comprehensive liability insurance as approved by the City and insuring against injury or death of a person and for claims of property damage resulting from the applicant’s use of the public right-of-way. The City and its officials, officers, employees and agents shall be named as additional insureds under such insurance policy. Submission and approval of such insurance shall be a condition precedent to approval and issuance of any permit. In addition, the mobile vendor shall indemnify, defend and hold the City and its officials, officers, employees and agents harmless from any claims arising out of or related to the vendor’s ownership, operation, or use of its mobile vending facility, except as otherwise permitted by applicable law.

K. All food products sold, distributed, conveyed, traded, or provided from the mobile vending facility shall comply will all applicable food labeling requirements established by the State of California.

L. Mobile vendors shall not vend alcohol, cannabis, adult-oriented material, tobacco products, products that contain nicotine, any product or device used to smoke/vape nicotine or cannabis, fireworks, or any weapons (including knives, air soft guns, pellet guns, paintball guns, or anything that may resemble a gun).

M. Except for long-term mobile vending facilities which are approved

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through a temporary use permit under Chapter 17.850 , mobile vending shall not occur on the same private property more than a cumulative four (4) days within a thirty-day period unless approved as part of Temporary Special Permit.

Section 5.68.060 Suspension; Rescission.

A. A mobile vendor permit issued under this Chapter may be suspended or rescinded by the City Manager for any cause that would have warranted denial thereof in the first instance, or for failure to comply with any of the provisions of this Chapter or any of the conditions of the mobile vendor permit, including but not limited to fraud or misrepresentation in the course of vending; fraud or misrepresentation in the application for the permit; or vending in a manner that creates a public nuisance or constitutes a danger to the public.

B. Notice of the suspension or rescission of a mobile vendor permit issued under this Chapter shall be mailed, postage prepaid, to the holder of the permit at his or her last known address.

C. No person whose mobile vendor permit has been revoked pursuant to this Chapter shall be issued a mobile vendor permit for a period of two (2) years from the date revocation becomes final.

Section 5.68.070 Appeals to City Manager.

In the event that any applicant or permittee desires to appeal from any denial, suspension, rescission, order, or other ruling of the Director made under the provisions of this Chapter, such applicant, permittee, or other person aggrieved shall have the right to appeal such action or decision to the City Manager pursuant to Chapter 1.12 of this Code. The decision of the City Manager, or his or her designee, on the appeal shall be final and binding on all parties concerned.

Section 5.68.080 Violations; Penalties.

A. It is unlawful for any person to violate any provision or fail to comply with any requirements of this Chapter. A person who violates any provision of this Chapter is guilty of a misdemeanor.

B. This Section is intended to be cumulative to, and not in place of, other rights and remedies available to the City pursuant to the Brentwood Municipal Code and state law, including, but not limited to, commencement of any civil action, the issuance of administrative fines and fees, or administrative action to abate a violation as a public nuisance.

C. The City hereby declares that mobile vending facilities and mobile vendors that are not in compliance with the provisions of this Section are a detriment to the public health, safety, and general welfare and are a public nuisance as defined in Chapter 8.00 (Nuisances) of the Brentwood Municipal Code.

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D. Nothing contained herein shall be construed to impede the City’s or County’s ability to enforce County Health Department codes and regulations.

Section 5.68.090 Severability.

If any provision, clause, sentence or paragraph of this chapter, or application thereof to any person or circumstances, be held invalid by a court of law, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications of the chapter and, therefore, the provisions of this chapter are declared to be severable.

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING A ZONING TEXT AMENDMENT TO THE
BRENTWOOD MUNICIPAL CODE (RZ 24-004), WHICH WOULD
AMEND CHAPTER 17.850 (TEMPORARY USE PERMITS) TO ADD

REGULATIONS RELATED TO MOBILE VENDING FACILITIES AND

COMMISSARIES
WHEREAS, City staff prepared a zoning text amendment (“the Ordinance”) that would amend Brentwood Municipal Code Chapter 17.850 (Temporary Use Permits) to add regulations related to Mobile Vending Facilities; 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, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens, including mobile vending on both public and private property; and
WHEREAS, the City may regulate mobile food facilities operating in the rightof-way, pursuant to Vehicle Code section 22455 and Health and Safety Code section 114315; and
WHEREAS, vehicles that produce, prepare, cook, and carry food, foodstuffs, food products, and all associated wares and merchandise for purposes of sale on the public streets pose special danger to the public health, safety, and welfare of children and residents in the City; and
WHEREAS, the sale of food, foodstuffs, food products, and all associated wares and merchandise on public streets from vehicles can cause dangerous conditions on the City’s roads and streets through the congregation of large crowds and imposition of the flow of traffic on the public right-of-way. In addition, mobile vending from both public and private property creates the potential for increased safety hazards, such as, but not limited to: inhibiting the ability of disabled individuals and other pedestrians to follow a safe path of travel; interfering with the performance of police, firefighter, and emergency medical personnel services; encouraging pedestrians to cross mid-block or stand in roadways to purchase food; and creating obstacles and contributing to congestion for pedestrian, vehicle, and bicycle traffic; and
WHEREAS, the City has the authority to regulate the type of vending, and the time, place, and manner of vending from vehicles upon the street in order to promote public safety; and

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WHEREAS, the City desires to regulate mobile vending, while also safeguarding the flow of pedestrian movement on public and private sidewalks and in the public right-of-way, and ensure no interference with the performance of police, firefighter, and emergency medical personnel services; and WHEREAS, the regulation of mobile vendors engaged in the sale of food and food products will help to ensure that mobile vendors obtain all necessary permits and comply with applicable sanitation, food preparation, and food handling laws, and thereby will protect the public health and safety against health problems such as food contamination, poor hygienic practices, and the threat of food poisoning; and WHEREAS, on August 23, 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 September 3, 2024, the Planning Commission held a dulynoticed public hearing to consider the staff report, recommendation by staff, and public testimony concerning this Ordinance. Following the public hearing, the Planning Commission 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 October 11, 2024, in accordance with City policies and Government Code Section 65090; and
WHEREAS, on October 22, 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 continued the item to a date uncertain; and
WHEREAS, the City published a notice of public hearing in the Brentwood Press on December 20, 2024, in accordance with City policies and Government Code Section 65090 and 65854; and
WHEREAS, on January 14, 2025, 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 since the proposed ordinance would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities. In addition to CEQA Guidelines Section 15061(b)(3), the proposed ordinance is also exempt from CEQA

Attachment 4

pursuant to CEQA Guidelines Section 15311(c), in that the proposed ordinance relates to the placement of seasonal or temporary use mobile food units, in generally the same locations from time to time in areas designed for public use; 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 from CEQA as it 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 since the proposed ordinance would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities. In addition to CEQA Guidelines Section 15061(b)(3), the proposed ordinance would also be exempt from the CEQA pursuant to CEQA Guidelines Section 15311(c) in that the proposed ordinance relates to the placement of seasonal or temporary use mobile food units, in generally the same locations from time to time in areas designed for public use.

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 A1 are consistent with the General Plan, as amended from time to time, insomuch as they are responsive to the changing needs of the local businesses and community. The amendments are consistent with Brentwood General Plan Economic Development Goal ED 1 to “Establish and maintain a healthy, balanced approach to economic development that encourages a diversity of businesses which provide employment, services, and goods.” In addition, the zoning text amendments will help to regulate the type of vending, and the time, place, and manner of vending from vehicles upon the private property and public streets in order to promote public safety.

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SECTION 4. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Brentwood hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 5. Amendment. The Brentwood Municipal Code is hereby amended to update Brentwood Municipal Code Chapter 17.850 (Temporary Use Permits) 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 6. Effective Date. This Ordinance shall become effective March 1, 2025.

SECTION 7. Publication Date. This ordinance shall be published in accordance with Government Code Section 36933. 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.

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 14th day of January 2025 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED
Susannah Meyer
Mayor
ATTEST:

Amanda McVey
City Clerk

Attachment 4

EXHIBIT “A”
Chapter 17.850

TEMPORARY USE PERMITS
§ 17.850.001 Purpose.

This chapter establishes procedures and standards for the granting of temporary use permits for short-term activities on private property. Compliance with applicable standards ensures that the establishment, maintenance, or operation of the shortterm activity would not be detrimental to the public health, safety, and welfare of persons residing or working in the neighborhood of the proposed activity. § 17.850.002 Applicability of provisions.

This chapter shall apply to those uses for which a temporary use permit is required by the zoning ordinance.
§ 17.850.003 Temporary use defined.

A temporary use is defined as "a short-term activity established for a fixed period of time on private property, with the intent to discontinue such use upon the expiration of the permitted time period that does not meet the normal development or use standards of the applicable zone." This definition does not include "special events," as those are defined and regulated in accordance with Title 7. § 17.850.004 Temporary use permit required.

A temporary use shall not be conducted, established, or operated in any manner without the approval and maintenance of a valid temporary use permit in compliance with this chapter, unless otherwise exempt under the provisions of this chapter. § 17.850.005 Review authority.

A. Temporary use permits shall be reviewed and approved or denied administratively by the community development director, in compliance with this chapter.

B. The community development director may refer any permit to the planning commission.

C. The decision of the community development director or planning commission regarding a temporary use permit shall be final, subject to appeal in compliance with Chapter 17.880 (Appeal).

D. No public hearing is required before the community development director's decision on a temporary use permit. A public hearing shall, however, be required for any permit that is referred by the community development director to the planning commission.

Attachment 4

§ 17.850.006 Exempt temporary uses.

The following temporary uses are allowed without the necessity of obtaining a temporary use permit:

A. Construction Yards—On-Site. On-site contractors' construction yards, including one manufactured unit for temporary office use during normal business hours, for an approved construction project that is within the city. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the building permit authorizing the construction project, whichever occurs first.

B. Emergency Facilities. Emergency public health and safety needs/land use activities, as determined by the city manager.

C. Events on Sites Approved for Public Assembly. An event on the site of, or within, a golf course, meeting hall/facility, school, theater, or other similar facility designed, and approved by the city for public assembly.

D. Fund-Raising Car Washes.

1. Car washes on property within a nonresidential zone, limited to a maximum of two days per month for each sponsoring organization.

2. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with Section 501(c) of the Federal Revenue and Taxation Code.

E. Garage Sales. Garage sales, not to exceed three per year and two consecutive days.
§ 17.850.007 Allowed temporary uses.

The city, through the community development director, may grant a temporary use permit for the following temporary uses on nonresidential properties or on private properties approved with an institutional use, for the specified time limits, but in no event for more than twelve months, except model home complexes and construction yards, which may be approved for any length of time, provided the community development director finds that the use meets any conditions or requirements set forth herein and that the use will not be detrimental to the public health, safety and welfare of persons residing or working in the neighborhood of the proposed activity.

Other temporary uses that do not fall within the categories defined below shall instead comply with the planning permit requirements and development standards that otherwise apply to the property.

A. Agricultural Produce Sales. Retail sales of agricultural produce at produce stands or in a certified farmer's market.

B. Construction Yards—Off-Site. Off-site offices, contractors' construction, corporation, or storage yards for an approved construction project that is within

Attachment 4

the city. The yards shall be removed immediately upon completion of the construction project, or the expiration of the building permit authorizing the construction project, whichever occurs first.

C. Events. Animal rides, art and craft exhibits, bike rodeos, car shows, carnivals, circuses, concerts, egg hunts, fairs, farmer's markets, festivals, flea markets, food events, holiday events, runs, marathons, walk-a-thons, and bike-a-thons or similar activities, open air theaters but excluding drive-in theaters, outdoor entertainment/sporting events, parades, petting zoos, processions, rallies, religious revivals, rodeos, rummage sales, runs, secondhand sales, swap meets, and other similar special events for up to five consecutive days, or six two-day weekends, or twelve individual days, within a twelve-month period, allowed only on non-residentially zoned properties, or on private properties approved with an institutional use.

D. Location Filming. The temporary use of a specific site for the location filming of commercials, movies, videos, etc., for the time specified by the community development director, but not to exceed twelve months.

E. Model Homes. A model home or model home complex may be authorized before the completion of subdivision improvements in compliance with the following standards:

1. Provisions for suitable off-street parking with adequate ingress and egress to serve the model home complex.

2. Provision of suitable landscaping to enhance the model home complex.

3. When the builder submits an application for the final permits to build on the lots utilized for the model home complex, the parking lot and trap fences shall be removed and the driveway slabs shall be poured in front of each of the garages of all model homes. This will require the removal of all landscaping in front of the garages for the model homes.

4. The poured driveway slabs and on-street parking will temporarily serve as the required parking for the model home complex and the sales office may remain in the model until all models in the subdivision have been sold.

5. The sales office shall be converted back to residential use and/or removed before the issuance of the final building permit.

6. The review authority may require other conditions of approval deemed necessary to protect the public health, safety, and general welfare of persons residing or working in the neighborhood.

F. Outdoor Retail Sales within Nonresidential Zones.

1. Sales of merchandise customarily sold on the premises by an established business physically located and doing business at the same location as the

Attachment 4

temporary use. The sales of merchandise are limited to four events per calendar year per business conducting the sale, not exceeding four consecutive days per event.

2. Sales of merchandise not customarily sold on the premises, when the sales will be by an established business physically located and doing business in the city. The entity conducting the temporary sale shall dedicate all retail sales tax collected at the sale to accrue to the city. The sales are limited to four events per calendar year per business conducting the sale, not exceeding four consecutive days per event.

G. Pyrotechnics. Events proposing the use of pyrotechnics.

H. Seasonal Sales Lots. Seasonal sales lots (e.g., Halloween, Thanksgiving, Christmas, etc.) including temporary residence/security trailers on nonresidentially zoned properties. However, a permit shall not be required when the sales are in conjunction with an established commercial business holding a valid city business license, or produce stands or farmer's markets; provided, the activity shall be limited to forty-five days of operation per calendar year.

I. Temporary Occupancy During Construction.

1. Major Development Projects. Temporary structures on the subject property may be used during the construction phase of an approved major development project (e.g., residential projects with five or more dwelling units or any commercial or industrial project). The structures or property may be used as offices or for the storage of equipment and/or tools, provided the temporary structures and the project itself are located within the city.

2. Minor Development Projects. An existing dwelling unit or a temporary structure on the subject property may be used during the construction phase of an approved minor development project (e.g., residential projects with four or fewer dwelling units). The structure or property may be used as a temporary residence, an office, or for the storage of equipment and/or tools.

3. Appropriate Conditions. The temporary use permit shall contain reasonable and necessary conditions regarding the following matters:
a. Required permits for the provision of sewer, gas, electricity and water services.
b. Provisions for adequate ingress and egress.
c. Provisions for the work to be performed on-site.
d. Provisions for the storage of asphalt, concrete, and dirt at designated sites within the subject property; provided, the applicant furnishes a schedule, acceptable to the community development director, for the periodic disposal or recycling of these materials.

Attachment 4

e. Provisions designed to minimize potential conflicts between the work to be performed on-site and the ordinary business and uses conducted within the city.
f. Length of Permit. The permit may be approved for up to twelve months following the issuance of the companion building permit, or upon completion of the subject development project, whichever occurs first. g. Condition of Site Following Completion. All temporary structures and related improvements shall be completely removed from the subject site following expiration of the temporary use permit or upon completion of the development project, whichever occurs first.

J. Temporary Real Estate Sales and/or Rental Offices. A temporary real estate sales and/or rental office may be established within the area of an approved subdivision, solely for the first sale or rental of homes or units, provided a temporary use permit has been approved for the model home complex and construction of the model homes is being diligently pursued in compliance with subsection E of this section (Model homes). An application for a temporary real estate office may be approved for a maximum of twelve months from the date of approval.

K. Temporary Work Structures/Trailers. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved for a maximum of twelve months from the date of approval, as an accessory use or as the first phase of a development project provided:

1. The use is authorized by a building permit for the mobile unit or trailer, and the building permit for the permanent structure;

2. The use is appropriate because:
a. The mobile unit or trailer will be in place for a maximum of twelve months during construction or remodeling of a permanent approved commercial type structure, or upon expiration of the building permit for the permanent structure, whichever occurs first, or
b. The applicant has demonstrated that the temporary work site is a shortterm necessity for a maximum of twelve months, while a permanent work site is being obtained; and

3. The mobile unit or trailer is removed before final building inspection or the issuance of a certificate of occupancy for the permanent structure.

L. Long-Term Mobile Vending Facilities. A Long-Term Mobile Vending Facility as defined in Chapter 5.68 may be approved for a maximum of twelve months from the date of approval, on private property so long as it is an ancillary use to a permitted use in the zone where the mobile vending is conducted in compliance with the following standards:

Attachment 4

1. Setbacks. Long-term mobile vending facilities must be located at least five feet from the edge of any driveway or public sidewalk, utility boxes and vaults, accessible ramp, building entrance, exit or emergency access/exit way, or emergency call box and be located a minimum distance of 15 feet in all directions of a fire hydrant.

2. Parking Requirements. Long-term mobile vending facilities are only permitted to be parked in a designated parking space(s) on a paved surface outside any designated fire lane. The mobile vending facility and associated seating, if any, shall also be located outside any parking or loading space that is required to fulfill the minimum parking requirements for the principal use on the property, during the principal use's hours of operation.

3. Seating Requirements. All associated tables, seating, and/or shade structures shall be removed at the end of each business day and shall not be permanently erected outside of the mobile vending facilities business hours. In addition, all associated furnishings shall be maintained in a clean manner such that it does not create an unsightly appearance.

4. Utilities. Electric outlet hookups are required to be installed for long-term mobile vending facilities and must be used while the mobile vending facility is on the premises. No generators shall be utilized on-site. If extension cords, hoses or other utilities are required, they shall be safely secured and not impede any path of travel.

5. Accessibility Requirements. Consistent with current California Building Code (CBC) standards, long-term mobile vending facilities must operate in a manner and have access to restrooms, which shall be provided on site and located within a maximum of 50 feet from the proposed long-term mobile vending facility parking location, unless otherwise approved by the community development director. Restrooms shall be provided, at no charge, for customer use during normal business hours and shall be continuously maintained in a clean and sanitary manner.

M. Commissary. A Commissary, as defined in Chapter 5.68, may be approved for a maximum of twelve months from the date of approval, on private property so long as it is an ancillary use to a permitted use in the zone where the commissary is conducted in compliance with the following standards:

1. All associated mobile vending facilities approved to be on the site of a commissary must be directly owned or operated by the commissary.

2. Number of Mobile Vending Facilities per Commissary. No more than two mobile vending facilities may be approved through the Temporary Use Permit process for each commissary.

3. Parking Requirements. The mobile vending facility associated with the commissary is only permitted to be parked in a designated parking space(s) on a paved surface outside any designated fire lane. The mobile vending

Attachment 4

facility and associated seating, if any, shall also be located outside any parking or loading space that is required to fulfill the minimum parking requirements for the principal use on the property, during the principal use's hours of operation.

4. County Approval. Prior to operating, a commissary shall obtain a commissary permit issued by Contra Costa County, if applicable.

L. N. Similar Temporary Activities. A temporary activity that the community development director determines is similar to the other activities listed in this section, and compatible with the applicable zone and surrounding land uses. § 17.850.008 Minor temporary use permit.

Allowed temporary uses, as defined in Section 17.850.007, including annual renewals for long-term mobile vending facilities and commissaries, and occurring entirely upon private property not zoned for residential use or on private property with an approved institutional use and located within an existing development of sufficient size to provide adequate space, circulation and parking for the anticipated attendance, as determined by the community development director, may be permitted with a minor temporary use permit for any time period less than twelve months as approved by the community development director. With the exception of annual renewals for longterm mobile vending facilities and commissaries, which must continue to follow regulations as outlined in Section 17.850.007(L) and (M), all minor temporary use permit approvals may be permitted if the applicant can demonstrate that the following performance standards are met:

A. A minor temporary use permit application shall be completed and submitted to the community development director for approval prior to the start of the shortterm activity.

B. Hours of operation are limited to seven a.m. to ten p.m. daily.

C. Adequate parking for the anticipated attendance shall be provided.

D. All trash generated by the use shall be picked up both on- and off-site at the end of each event.

E. The applicant shall obtain county health department approval and submit such documentation with the application for any food service beyond what is allowed for existing permitted businesses on-site.

F. No consumption or sales of alcohol shall be allowed as part of the event, other than as permitted within existing businesses licensed by the California Department of Alcoholic Beverage Control located within the shopping center.

G. Any amplified sound used at the event or other noise generation activities shall be subject to Chapter 9.32 (Noise Regulations) of the Brentwood Municipal Code.

H. No additional lighting is allowed.

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I. Adequate provision for safety and security measures shall be provided. The applicant shall be responsible for ensuring the safety and welfare of the attendees, as determined by the chief of police or designee. The police department may close the event due to failure to satisfy conditions of the permit.

J. Prior to the event, the applicant shall provide a statement to the city stating that the organizers of the event agree to indemnify, hold harmless, and defend the city, its officers, agents and employees from any and all liability or claims that may be brought against the city arising out of its approval of the minor temporary use permit, or arising out of the operation of the use or uses allowed under the permit, save and except that caused solely by the city's active negligence.

K. The applicant shall adhere to all building and fire codes and obtain any necessary permits and inspections prior to the event.

L. The applicant shall make a good faith effort to work with city staff in addressing any concerns that arise relating to the placement or operation of the event. § 17.850.009 Development standards.

The community development director shall review temporary use permits based on conformance to the following standards and the type of temporary use, using the requirements of the applicable zone, and Chapter 17.820 (Design and Site Development Review) and the specific site zoning standards for guidance:

A. Provision for access, floor areas, landscaping, utilities, and other structure and property development improvements and features.

B. Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this title.

C. Unless an alternative time period is specified in Section 17.850.007 (Allowed temporary uses), provision for a fixed period not to exceed twelve months for all temporary uses or structures. The community development director may grant time extensions, provided such time extension is clearly demonstrated as necessary, and regulate operating hours and days.

D. Provision for parking facilities, including vehicular ingress and egress.

E. Regulation of potential nuisance factors (e.g., dirt, dust, glare, light, noise, odors, smoke, and vibration).

F. Regulation of temporary structures and facilities, including buffer areas, height, location of equipment, placement, setbacks, and size.

G. Provision for sanitary facilities.

H. Provision for waste collection and disposal.

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I. Provision for safety and security measures. The chief of police may close the event due to failure to satisfy conditions of the permit.

J. Regulation of signs.
§ 17.850.010 Conditions of temporary use permit approval.

Temporary use permits shall include the following conditions of approval:

A. Provision of a certificate of insurance acceptable to the city's risk manager.

B. Submission of a performance bond or other surety devices, if necessary, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition, to the satisfaction of the community development director.

C. Prior to the event, the applicant shall provide a statement to the city stating that the organizers of the event agree to indemnify, hold harmless, and defend the city, its officers, agents and employees from any and all liability or claims that may be brought against the city arising out of its approval of the minor temporary use permit, or arising out of the operation of the use or uses allowed under the permit, save and except that caused solely by the city's active negligence.

D. Each site occupied by a temporary use shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this title.

E. Other conditions determined by the community development director to ensure the operation of the proposed temporary use in a compatible, efficient, harmonious, nuisance-free, orderly, and safe, manner.
§ 17.850.011 Revocation.

A temporary use permit or minor temporary use permit may be revoked or modified by the community development director when it is determined that any of the following occurs:

A. That circumstances have changed so that one or more of the provisions of this chapter are not being met or complied with.

B. That the temporary use permit was obtained by misrepresentation or fraud.

C. That one or more of the conditions of approval of the temporary use permit have not been met.

D. That the use is in violation of any statute, ordinance, policy, law or regulation.

CITY COUNCIL AGENDA ITEM NO. F.2
01/14/2025
SUBJECT: Conduct a Public Hearing Making Certain Findings Pursuant To Government Code Section 4217.10 Et Seq. related to a Turnkey Design and Construction Energy Services Agreement for the Fleet Electrification Project, CIP Project No. 337-37265
DEPARTMENT: Public Works
STAFF: Casey Wichert, Director of Public Works
Scott Dempsey, Fleet/Facilities Maintenance Manager
Vatsal Patel, Engineering Manager

TITLE/RECOMMENDATION
Staff recommends the City Council conduct a public hearing making certain findings pursuant to Government Code Section 4217.10 et seq. related to a Turnkey Design and Construction Energy Services Agreement for the Fleet Electrification Project (“Project”), Capital Improvement Program (“CIP”) Project No. 337-37265.

FISCAL IMPACT
The City was awarded $3,218,000 in grant funding from the Bay Area Air Quality Management District (BAAQMD) for design and construction of electric vehicle charging infrastructure. If the action earlier on tonight’s consent agenda to approve execution of the grant agreement and amend the CIP Project budget was approved, this grant will provide funding for the Project.

This Project, prior to the approval of the grant agreement and amendment of the CIP Project budget, was included in the 2024/25 – 2028/29 CIP with a total Project budget of $1,350,000. The Project budget amendment in the previous action on tonight’s agenda would utilize the grant funding from BAAQMD to fund the entire Project and replace the existing Project funding sources.

Of the total project cost of $1,350,000, a total of $800,000 of funding had previously been allocated as follows:

Enterprise Funds $549,520
General Fund $250,480
Total Project Funding $800,000

CITY COUNCIL AGENDA ITEM NO. F.2
01/14/2025
The original funding for the Project will be returned to the General Fund and Enterprise Funds in the amounts noted above and be available for expenditure on other costs or projects.

The increase in the Project budget from $1,350,000 to the amount of the grant, or $3,218,000, will be used to shorten the length of construction and expand the scope of the original Project.

BACKGROUND
In September 2020, the State of California (“State”), by Executive Order N-79-20, set the goal that 100 percent of in-state sales of new passenger cars and trucks will be zero-emission by 2035, as well as medium and heavy-duty trucks by 2045 for all operations where feasible. In November 2021, the State signed the Under2 Climate Coalitions Zero Emissions Vehicles (“ZEV”) Pledge for Public Fleets that sets aggressive goals to transition fleet composition where feasible to 100 percent for ZEV’s by 2030. These regulations necessitate the design and installation of charging stations and other related infrastructure at City facilities for the charging of electric or plug-in hybrid fleet vehicles.

Therefore, the City Council approved the Project as part of the adopted 2024/25 – 2028/29 Capital Improvement Program Budget.

In June 2024, BAAQMD began a grant funding program (“Grant”) through a competitive solicitation for electric charging infrastructure projects to support medium and heavy-duty on-road vehicles, off-road equipment, marine vessels, and locomotives.

The Grant was available for the installation of new, or the expansion of existing public and non-publicly accessible electric chargers and infrastructure as well as the installation and operation of permanent electric infrastructure (“Chargers”) to support the adoption of zero-emission vehicles and equipment within the Bay Area.

Staff submitted an application for the installation of new non-publicly accessible Chargers at the City’s Municipal Services Center (“MSC”) for fleet vehicles. BAAQMD approved the Project at its Board Meeting on December 4, 2024 and approved the award of incentive funding for the City’s project and authorized the Executive Officer to enter into an agreement with the City at its Board Meeting on December 11, 2024.

The staff report for the December 11, 2024 Board Meeting is herein attached.

CITY COUNCIL AGENDA ITEM NO. F.2
01/14/2025
While the original Project was planned to phase in infrastructure with some charging stations installed in the first year and expand with additional charging stations in future years as electric vehicles become available and existing fleet is replaced.

However, staff is recommending amending the Project scope and budget to complete all improvements in two fiscal years as opposed the five year period that was previously proposed. With the $3,218,000 in funding awarded by BAAQMD, the Project would tentatively include all infrastructure needed for fifty (50) charging stations and a solar carport.

The City seeks to enter into a turnkey design and construction energy services agreement (“Agreement”) with Schneider Electric for the Project. Such an Agreement would include project scoping, grant finalization, design, and construction services aimed at improving energy efficiency, lowering operating costs, and reducing environmental impact. The Project is structured under the California Government Code Section 4217.10 et seq., which allows municipalities to engage in energy conservation projects when it is in the best interest of the City.

A public hearing notice was issued two weeks in advance of the City Council meeting on December 20, 2024, as required by Government Code Section 4217.12.

Key Phases of the Project:

Project Scoping/Grant Finalization/Design
Under a future agreement, Schneider Electric will conduct a thorough review of the Grant to confirm requested Project scope and funding still matches City’s goals.

Additionally, Schneider Electric will assist in looking for other funding sources which would allow the Project to include EV infrastructure at the Police Station, and create more savings and benefits.

Upon completion of the project scoping phase, Schneider Electric will submit a memo that outlines recommended energy conservation measures and associated cost savings projections.

Following the City’s approval of the final Project scope, Schneider Electric will proceed with the Project design. The design will include the preparation of detailed engineering plans, including specifications for the chargers and associated infrastructure.

CITY COUNCIL AGENDA ITEM NO. F.2
01/14/2025
Schneider Electric will:
• Provide a design with several energy conservation options tailored to the City’s specific needs;
• Present energy-saving projections and financial payback analyses for each option; and
• Work closely with City staff to ensure designs align with operational goals and community priorities.

Construction Phase
Once the City approves the final design, the City will issue a Construction Notice to Proceed, authorizing Schneider Electric to initiate the construction phase of the Project.

Schneider Electric will install new clean energy systems, which may include:
• Electric Vehicle Charging Systems; and
• Installation of solar photovoltaic (PV) and battery systems to offset new electricity charges.

Schneider Electric will oversee all construction activities, ensuring minimal disruption to City operations. The construction will be scheduled and coordinated to avoid impacts on public services and facility use. Schneider Electric will also assist in closeout of the Project.

Projected Savings:

The projected savings come from switching from gas powered vehicles to EVs.

Electricity is naturally a more efficient fuel type than gasoline. PG&E offers favorable electricity rates for commercial fleets, as long as EV charging is not done during peak electricity usage, between 4:00 p.m. and 8:00 p.m. The City is planning to charge their EV fleet with the help of a Charge Management System, ensuring charging is done overnight during the off-peak hours. Additionally, EV charging will be offset by solar PV arrays, further reducing the associated electricity costs. EVs also have significantly less Operations & Maintenance (“O&M”) costs compared to Internal Combustion Engines (“ICE”).

California Government Code Section 4217.10-18 requires the Project cost must be paid from the associated Project savings over time. The attached Project Savings Findings confirm this requirement is met.

CITY COUNCIL AGENDA ITEM NO. F.2
01/14/2025
Staff recommends adopting a Resolution making certain findings pursuant to Government Code Section 4217.10 et seq., related to a Turnkey Design and Construction Energy Services Agreement for the Project.

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

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

DATE OF NOTICE
December 20, 2024.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)

1. Do not approved the agreement.

2. Provide staff with alternate direction.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Notice of Public Hearing

4. Project Savings Findings

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 May 28, 2024, by Resolution No. 2024-56, the City Council adopted the 2024/25 – 2028/29 Capital Improvement Program, which included the Project.

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD ADOPTING CERTAIN FINDINGS PURSUANT TO
GOVERNMENT CODE SECTION 4217.10 ET SEQ. RELATED TO A

TURNKEY DESIGN AND CONSTRUCTION ENERGY SERVICES

AGREEMENT FOR THE FLEET ELECTRIFICATION PROJECT, CIP
PROJECT NO. 337-37265.

WHEREAS, in September 2020, the State of California (“State”), by Executive Order N-79-20, set the goal that 100 percent of in-state sales of new passenger cars and trucks will be zero-emission by 2035, as well as medium and heavy-duty trucks by 2045 for all operations where feasible; and
WHEREAS, in November 2021, the State signed the Under2 Climate Coalitions Zero Emissions Vehicles (“ZEV”) Pledge for Public Fleets that sets aggressive goals to transition fleet composition where feasible to 100 percent for ZEV’s by 2030; and WHEREAS, these regulations necessitate the design and installation of charging stations and other related infrastructure at City facilities for the charging of electric or plug-in hybrid fleet vehicles; and
WHEREAS, the City Council approved the Project as part of the adopted 2024/25 – 2028/29 Capital Improvement Program Budget; and WHEREAS, in June 2024, BAAQMD began a grant funding program (“Grant”) through a competitive solicitation for electric charging infrastructure projects to support medium and heavy-duty on-road vehicles, off-road equipment, marine vessels, and locomotives; and
WHEREAS, staff submitted an application for the installation of new nonpublicly accessible Chargers at the City’s Municipal Services Center for fleet vehicles; and
WHEREAS, BAAQMD approved the Project at its Board Meeting on December 4, 2024 and approved the award of incentive funding for projects and authorized the Executive Officer to enter into agreement with applicant for projects at its Board Meeting on December 11, 2024; and
WHEREAS, the City seeks to enter into a turnkey design and construction energy services agreement (“Agreement”) with Schneider Electric for the Project; and
WHEREAS, this Agreement includes project scoping, grant finalization, design, and construction services aimed at improving energy efficiency, lowering operating costs, and reducing environmental impact; and

WHEREAS, the Project is structured under the California Government Code Section 4217.10 et seq., which allows municipalities to engage in energy conservation projects when it is in the best interest of the City; and WHEREAS, a public hearing notice was issued two weeks in advance of the City Council meeting on December 20, 2024, as required by Government Code Section 4217.12; and
WHEREAS, pursuant to California Government Code Section 4217.12 and based on the Project Savings Findings, the City has determined that the Project will result in significant cost savings to the City and that the cost of the energy conservation measures of the Project will meet the requirements for overall energy savings required by these statues; and
WHEREAS, the Project Savings Findings, a copy of which is on file with the Public Works Department, demonstrates compliance with the requirements of Government Code section 4217.10, et seq., and is incorporated herein by this reference.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby resolve as follows:

1. The recitals above are true and correct.

2. This Resolution is adopted following a public hearing at a regularly scheduled meeting of the City Council for which a minimum of two weeks public notice has been duly given.

The City Council hereby finds that, pursuant to Government Code section 4217.12, that the anticipated cost to the City for the energy conservation services to be provided pursuant to the proposed turnkey design and construction energy services agreement for the Project will be less than the anticipated marginal cost to the City of the electrical or other energy that would have been consumed by the City in the absence of the Project.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 14th day of January 2025 by the following vote:

60350.00009\40120187.1

NOTICE OF PUBLIC HEARING

FOR RESOLUTION ADOPTING CERTAIN FINDINGS AND APPROVING A

TURNKEY DESIGN AND CONSTRUCTION ENERGY SERVICES AGREEMENT WITH SCHNEIDER ELECTRIC BUILDING AMERICAS, INC. FOR THE PROPOSED FLEET ELECTRIFICATION PROJECT, CIP PROJECT NO. 337-37265.

NOTICE IS HEREBY GIVEN pursuant to Government Code section 4217.10 et seq. that the City of Brentwood ("City”) shall hold a public hearing at its regularly scheduled meeting on January 14, 2025, at 7:00 P.M. for the purpose of presenting certain findings, taking public comment, and approving a Resolution adopting the findings and authorizing the City Manager to execute a turnkey design and construction energy services agreement (“Agreement”) with Schneider Electric Building Americas, Inc. (“Schneider Electric”) to provide professional design and construction energy service such as, project scoping and grant finalization, design completion, and construction for the proposed Fleet Electrification Project, CIP Project No. 337-37265 (“Project”).

The City has already worked with the Schneider Electric to apply for and obtain an infrastructure grant from the Bay Area Air Quality Management District. Additionally, Schneider Electric has provided initial scoping and design services aimed at improving energy efficiency, lowering operating costs, and reducing environmental impact of the proposed Project as well as support the Government Code 4217.10 findings to be made as part of the Resolution. The Resolution will document how the cost to the City to develop, design, and construct the Project will be less than the anticipated marginal cost to the City of electrical or other energy that would have been consumed by the City if the improvements contemplated by the Project are not completed and the Agreement is not entered into by the City.

The public hearing shall be conducted on January 14, 2025 at 7:00 P.M. in the City’s Council Chamber located at:

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

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

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

Members of the public are encouraged, but not required, to fill out a speaker card.

The Council Chambers will have seating available for members of the public to attend in person up to full seating capacity.

2. REMOTE:
a. Zoom: https://www.brentwoodca.gov/vcc or Zoom Webinar ID: 76013970037

60350.00009\40120187.1

3. E-MAIL:
b. Zoom Phone Numbers. Dial Toll Free: (877) 853-5247 or (888) 788- 0099 or (833) 548- 0276. 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 925.516.5440.)
c. 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.
d. As e-mails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your e-mail.

4. TO WATCH OR LISTEN ONLY:
a. The public may view the meeting via one-way video feed by selecting the video option at the City Council Agendas’ link on the City webpage at www.brentwoodca.gov
The City cannot guarantee that its network, website, and/or the Zoom system will be uninterrupted. To ensure that the City Council receives your comments prior to taking action, you are strongly encouraged to submit them in advance of the meeting by 3:00 p.m. As emails 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.

In addition, any other 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 any meeting will be made available online shortly thereafter.

For more information regarding the proposed Resolution and/or the draft Turnkey Design Agreement, please feel free to contact Casey Wichert, Director of Public Works at [email protected], or (925) 516-6000.

Year
Estimated EV
Utlility Usage
Annual
Estimated
Electricity Costs
O&M Costs LCFS Credit EV Annual
Operating Costs Year
Estimated
Fuel Usage
(gal)
Fuel Cost O&M Costs
ICE Annual
Operating Costs Year
Annual
Operating
Savings
Number of Evs 34 2025 1,176,400 $ 211,752 $ 176,800 $ (45,000) $ 343,552 2025 42,500 $ 191,250 $ 387,600 $ 578,850 2025 $ 235,298 Total Annual Miles Driven/EV 20,000 2026 1,176,400 $ 220,222 $ 182,104 $ (43,650) $ 358,676 2026 42,500 $ 196,988 $ 399,228 $ 596,216 2026 $ 237,539 Total Miles Driven 680,000 2027 1,176,400 $ 229,031 $ 187,567 $ (42,341) $ 374,258 2027 42,500 $ 202,897 $ 411,205 $ 614,102 2027 $ 239,844 Fuel Mileage, mpg 16 2028 1,176,400 $ 238,192 $ 193,194 $ (41,070) $ 390,316 2028 42,500 $ 208,984 $ 423,541 $ 632,525 2028 $ 242,209 Fuel Cost, $/Gal $ 4.50 2029 1,176,400 $ 247,720 $ 198,990 $ (39,838) $ 406,872 2029 42,500 $ 215,254 $ 436,247 $ 651,501 2029 $ 244,629 Fuel Cost Annual Escalation 3% 2030 1,176,400 $ 257,629 $ 204,960 $ (38,643) $ 423,945 2030 42,500 $ 221,711 $ 449,335 $ 671,046 2030 $ 247,100 Average Utility Elec. Cost, $/kWh $ 0.18 2031 1,176,400 $ 267,934 $ 211,108 $ (37,484) $ 441,559 2031 42,500 $ 228,363 $ 462,815 $ 691,177 2031 $ 249,619 Annual Utility Cost Escalation, % 4.0% 2032 1,176,400 $ 278,651 $ 217,442 $ (36,359) $ 459,734 2032 42,500 $ 235,213 $ 476,699 $ 711,912 2032 $ 252,179 ICE Annual O&M, $/mi $0.57 2033 1,176,400 $ 289,797 $ 223,965 $ (35,268) $ 478,494 2033 42,500 $ 242,270 $ 491,000 $ 733,270 2033 $ 254,776 EV Annual O&M, $/mi $0.26 2034 1,176,400 $ 301,389 $ 230,684 $ (34,210) $ 497,863 2034 42,500 $ 249,538 $ 505,730 $ 755,268 2034 $ 257,405 EV Energy Use, kWh/mi 1.73 2035 1,176,400 $ 313,445 $ 237,604 $ (33,184) $ 517,865 2035 42,500 $ 257,024 $ 520,902 $ 777,926 2035 $ 260,061 Inflation 3% 2036 1,176,400 $ 325,982 $ 244,733 $ (32,189) $ 538,526 2036 42,500 $ 264,735 $ 536,529 $ 801,264 2036 $ 262,737 2037 1,176,400 $ 339,022 $ 252,075 $ (31,223) $ 559,873 2037 42,500 $ 272,677 $ 552,625 $ 825,302 2037 $ 265,428 2038 1,176,400 $ 352,583 $ 259,637 $ (30,286) $ 581,933 2038 42,500 $ 280,857 $ 569,204 $ 850,061 2038 $ 268,128 2039 1,176,400 $ 366,686 $ 267,426 $ (29,378) $ 604,734 2039 42,500 $ 289,283 $ 586,280 $ 875,563 2039 $ 270,828 EV Electric Vehicle 2040 1,176,400 $ 381,353 $ 275,449 $ (28,496) $ 628,306 2040 42,500 $ 297,961 $ 603,868 $ 901,829 2040 $ 273,524 ICE Internal Combustion Engine 2041 1,176,400 $ 396,608 $ 283,712 $ (27,641) $ 652,678 2041 42,500 $ 306,900 $ 621,984 $ 928,884 2041 $ 276,206 O&M Oprerations and Maitenance Cost 2042 1,176,400 $ 412,472 $ 292,223 $ (26,812) $ 677,883 2042 42,500 $ 316,107 $ 640,644 $ 956,751 2042 $ 278,868 LCFS Low-Carbon Fuel Standard 2043 1,176,400 $ 428,971 $ 300,990 $ (26,008) $ 703,953 2043 42,500 $ 325,590 $ 659,863 $ 985,453 2043 $ 281,500 LCFS Credit A tradeable environmental attribute 2044 1,176,400 $ 446,130 $ 310,020 $ (25,228) $ 730,922 2044 42,500 $ 335,358 $ 679,659 $ 1,015,017 2044 $ 284,095 derived from charging your electric vehicle Total 23,528,000 $ 6,305,568 $ 4,750,682 $ (684,308) $ 10,371,941 Total 850,000 $ 5,138,959 $ 10,414,957 $ 15,553,916 Total $ 5,181,975 with clean energy
Ops Savings w/EV
City of Brentwood - EV White Fleet Analysis
Project Abbreviations
Assumptions
20 Year Cashflow - EV White Fleet 20 Year Cashflow - ICE Fleet $-
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Annual Operating Costs Comparison, EV vs. ICE Vehicle
EV Annual Operating Costs ICE Annual Operating Costs
# Public Page 165 of 228
CITY COUNCIL AGENDA ITEM NO. G.1
01/14/2025
SUBJECT: An Ordinance amending Title 16 (Subdivisions and Land Development) of the Brentwood Municipal Code, consistent with the provisions of State law (Senate Bills 684 and 1123) DEPARTMENT: Community Development
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager

TITLE/RECOMMENDATION
Staff recommends that the City Council waive the first reading of and introduce an Ordinance (1) amending Brentwood Municipal Code (BMC) Sections 16.020.030,

16.020.050, and 16.020.060; and (2) adding BMC Chapter 16.190. The proposed Ordinance would update and streamline the City’s existing Subdivision Ordinance to comply with recent State law requiring local jurisdictions to provide a ministerial review process for certain subdivisions and housing developments on multi-family lots that meet specific eligibility requirements.

The proposed Ordinance is not an action subject to the California Environmental Quality Act (CEQA), as it has no potential for resulting in a physical change to the environment (14 Cal. Code. Regs. § 15358). Further, Government Code Sections 65852.28(e), 65913.4.5(b), and 66499.41(i) state that an ordinance adopted by a local agency to implement the streamlined ministerial approval requirements of SB 684 is not considered a project under CEQA.

FISCAL IMPACT
There is no fiscal impact associated with adoption of this ordinance, other than the staff time spent preparing it, along with assistance from outside legal counsel.

BACKGROUND
The Subdivision Map Act (Government Code Section 66410, et seq.) is a State law that authorizes local governments, such as city councils, to regulate and control the design and improvement of subdivisions of land. To carry out this power, each local government, including the City of Brentwood, passes its own subdivision ordinance, which sets out the requirements imposed on developers in exchange for the privilege

CITY COUNCIL AGENDA ITEM NO. G.1
01/14/2025
of subdividing their land. The City of Brentwood’s subdivision ordinance is found in Title 16 of the Brentwood Municipal Code (BMC).

Senate Bill 684 (Caballero, 2023) generally went into effect on July 1, 2024, with the exception of very limited exemptions that were operative earlier. SB 684 requires local agencies to ministerially approve, without discretionary review or hearing, a parcel map or a tentative and final map for 10 or fewer lots meeting specific qualifications. Similarly, a local agency must ministerially approve a housing development project that:
 Consists of 10 or fewer residential units;
 Meets certain minimum parcel size and density requirements; and  Is located on a lot zoned for multi-family residential development no larger than 5 acres that is “substantially surrounded1” by “qualified urban uses” (which are defined as “any residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses”).

Finally, SB 684 requires a local agency to ministerially approve a housing development project that is subdivided according to the above ministerial subdivision process. In sum, the legislature is requiring cities to approve certain 10-lot subdivisions, as well as certain 10-unit housing development projects, without exercising any discretion. In order to comply with SB 684, staff has prepared the attached draft Ordinance for the City Council’s consideration, which implements the SB 684 requirements.

SB 684 does not require the City to adopt its own local ordinance implementing its provisions, but choosing not to adopt a local ordinance will not stop the state law from being effective. Staff and members of the public will benefit from incorporating these new subdivision requirements into the City’s existing subdivision regulations.

For example, the draft Ordinance contains specific cross-references to other relevant sections of the BMC (e.g., the City’s affordable housing requirements, urban lot split requirements, etc.). Moreover, SB 684 amended a variety of different provisions in the Government Code (e.g., the Permit Streamlining Act and the Subdivision Map

1 “Substantially surrounded” means at least 75% of the perimeter of the project site adjoins, or is separated only by an improved public right-of-way from, parcels that are developed with qualified urban uses. The remainder of the perimeter of the site adjoins, or is separated only by an improved public right-of-way from, parcels that have been designated for qualified urban uses in a zoning, community plan, or general plan for which an environmental impact report was certified.

CITY COUNCIL AGENDA ITEM NO. G.1
01/14/2025
Act), and staff recommends consolidating these requirements into the City’s subdivision ordinance for ease of reference. Finally, the BMC currently lacks some key defined terms used in SB 684, so the proposed Ordinance would add those definitions to Title 16.

SB 1123 (Caballero, 2024) expanded upon SB 684, among other things, by mandating an expedited approval process for small lot subdivisions on vacant lots in single-family zones. As of July 1, 2025, it also:
 Allows for the establishment of a height limit of no less than the height allowed pursuant to the existing zoning designation applicable to the lot on a vacant, single family site;
 Requires parcels that are subdivided on single-family sites to be at least 1,200 square feet;
 Allows housing units on a lot subject to ministerial approval to be tenancy in common;
 Prohibits an existing dwelling unit being sold separately from any other existing dwelling unit on the lot;
 Provides cities with the option to allow accessory dwelling unit (ADUs) or junior ADUs on a ministerial subdivision of 10 parcels or less as specified and to not count them toward the 10 unit cap; and
 Adds a definition of "net habitable square feet.”
These new provisions are likewise set out in the attached draft Ordinance.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Not Applicable.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
The proposed Ordinance is not an action subject to the California Environmental Quality Act (CEQA), as it has no potential for resulting in a physical change to the

CITY COUNCIL AGENDA ITEM NO. G.1
01/14/2025
environment (14 Cal. Code. Regs. § 15358). Further, Government Code sections 65852.28(e), 65913.4.5(b), and 66499.41(i) state that an ordinance adopted by a local agency to implement the streamlined ministerial approval requirements of SB 684 is not considered a project under CEQA.

ALTERNATIVE OPTION
Alternative option to staff’s recommendation:

1. Do not adopt the ordinance. The state laws discussed in this report are, however, in effect regardless of the City’s adoption of the ordinance.

ATTACHMENT(S)

1. Draft Ordinance

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD AMENDING SECTIONS 16.020.030,

16.020.050, AND 16.020.060 OF THE BRENTWOOD
MUNICIPAL CODE; AND ADDING NEW CHAPTER 16.190
WHEREAS, on October 11, 2023, the Governor signed into law Senate Bill (SB) 684, which generally became operative on July 1, 2024; and WHEREAS, SB 684 added Government Code Sections 65852.28, 65913.4.5, and 66499.41 to State law to require local agencies to ministerially approve certain types of subdivisions for housing development projects consisting of ten or fewer units on qualified multi-family zoned infill sites, subject to certain criteria; and
WHEREAS, SB 684 further requires local agencies to ministerially approve housing development projects consisting of ten or fewer units on a parcel resulting from such a subdivision; and
WHEREAS, the City’s existing subdivision ordinance in Title 16 of the Brentwood Municipal Code requires amendments and additions to conform to the new State law requirements of SB 684; and
WHEREAS, on September 19, 2024, SB 1123 amended Government Code sections 65852.28 and 66499.41 to clarify and update certain provisions; and
WHEREAS, in order to implement the requirements of SB 684 and SB 1123, staff has prepared this Ordinance; and
WHEREAS, an ordinance implementing the provisions of SB 684 is not considered a project under the California Environmental Quality Act (CEQA; Pub. Res. Code Sections 21000, et seq.) pursuant to Government Code Sections 65852.28(e), 65913.4.5(b), and 66499.41(i).

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

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

SECTION 2. Adoption. The renumbering and additions to the Brentwood Municipal Code are set forth below. Deletions are indicated in strikeout text, additions are indicated in underline text, and brackets denote information for the reviewer and code publisher. Section and subsection numbers and titles are shown only for reference unless added or deleted in

underline text. Sections and subsections not included below shall remain unchanged.

Brentwood Municipal Code Section 16.020.030 is amended as follows:
*** [Below text to be placed after the definition of Commission]*** “Community land trust” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that satisfies all of the following:

1. Has as its primary purposes the creation and maintenance of permanently affordable single-family or multifamily residences;

2. All dwellings and units located on the land owned by the nonprofit corporation are sold to qualified owners to be occupied as the qualified owner’s primary residence or rented to persons and families of low or moderate income. For the purpose of this subparagraph, “qualified owner” means a person or family of low or moderate income, including a person or family of low or moderate income who owns a dwelling or unit collectively as a member occupant or resident shareholder of a limited-equity housing cooperative; and

3. The land owned by the nonprofit corporation, on which a dwelling or unit sold to a qualified owner is situated, is leased by the nonprofit corporation to the qualified owner for the convenient occupation and use of that dwelling or unit for a renewable term of 99 years.

Section 16.020.050 is amended as follows:
***[Below text to be placed after the definition of Health Department]*** “Housing Cooperative” means as defined in Section 817 of the Civil Code. ***[Below text to be placed after the definition of Public Facilities]*** “Qualified urban use” means any residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.

Section 16.020.060 is amended as follows:
***[Below text to be placed after the definition of Subdivision]***

“Substantially surrounded” means at least 75 percent of the perimeter of the project site adjoins, or is separated only by an improved public right-of-way from, parcels that are developed with qualified urban uses. The remainder of the perimeter of the site adjoins, or is separated only by an improved public right-of-way from, parcels that have been designated for qualified urban uses in a zoning, community plan, or general plan for which an environmental impact report was certified.

Brentwood Municipal Code Chapter 16.190 is hereby added as follows:

Chapter 16.190 MINISTERIAL REVIEW OF QUALIFYING SUBDIVISIONS OF TEN

UNITS OR LESS

16.190.010 MINISTERIAL REVIEW OF QUALIFYING SUBDIVISIONS OF TEN UNITS OR LESS; GENERALLY
A. The City shall consider ministerially, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project, as defined in Government Code Section 65589.5, that meets all of the following requirements:

1. The proposed subdivision will result in 10 or fewer parcels and the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units.

2. The lot proposed to be subdivided is the subject of an application filed before July 1, 2025 and meets all of the following:
a. The lot is zoned for multifamily residential development. b. The lot is no larger than five acres and is substantially surrounded by qualified urban uses.
c. The lot is a legal parcel located within the jurisdiction of the City.
d. The lot was not established pursuant to Chapter 16.169 or this Chapter 16.190.

3. The lot proposed to be subdivided is the subject of an application filed on or after July 1, 2025 and meets one of the following:
a. The lot is zoned to allow multifamily residential uses. b. The lot is vacant and zoned for single-family residential development. For purposes of this paragraph, “vacant” means having no permanent structure, unless the permanent structure is abandoned and uninhabitable. All of the following types of housing shall not be defined as “vacant”:

(i) Housing that is subject to a recorded covenant,
ordinance, or law that restricts rent or sales price to levels affordable to persons and families of low, very low, or extremely low income.
(ii) Housing that is subject to any form of rent or sales price control.
(iii) Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated
prior to the submission of the application for a development permit.

4. The newly created parcels are no smaller than 600 square feet.

If the application for the proposed subdivision is filed on or after July 1, 2025, newly created parcels zoned for single-family residential may be no less than 1,200 square feet.

5. The residential units on the lot proposed to be subdivided are one of the following:
a. Constructed on fee simple ownership lots.
b. Part of a common interest development.
c. Part of a housing cooperative.
d. Constructed on land owned by a community land trust. e. Part of a tenancy in common as described in Civil Code section 685.

6. The proposed housing development project will meet one of the following, as applicable:
a. If the parcel is identified in the City’s Housing Element for the current planning period, the housing development project must include at least 66 percent of the maximum residential density allowed under Title 17 or 66 percent of the applicable residential density specified in Government Code section 65583.2(c)(3)(B), whichever is greater. If the parcel is identified to accommodate any portion of the jurisdiction’s share of the regional housing need for low- or very low income households, the project must include at least as many low- or very low income units as projected in the housing element. These units shall be subject to a recorded affordability restriction of at least 45 years. b. If the parcel is not identified in the City’s Housing Element for the current planning period, the housing development project

must include at least as many units as the maximum allowable residential density.

7. The average total area of floorspace for the units on the lot proposed to be subdivided does not exceed 1,750 net habitable square feet. For purposes of this paragraph, “net habitable square feet” means the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.

8. The housing development project on the lot proposed to be subdivided complies with Chapter 17.725.

9. The housing development project on the lot proposed to be subdivided does not require the demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of low, very low, or extremely low income.
b. Housing that is subject to any form of rent or price control. c. Housing occupied by tenants within the five years
preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit. d. A parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

10. The lot proposed to be subdivided is not located on a site that is any of the following:
a. Either prime farmland or farmland of statewide
importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of
Conservation, or land zoned or designated for agricultural

protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
b. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
c. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code.
d. A hazardous waste site that is listed pursuant to
Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to former Section 25356 of the Health and Safety Code, unless either of the following applies:
(i) The site is an underground storage tank site that
received a uniform closure letter issued pursuant to
subdivision (g) of Section 25296.10 of the Health and
Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or
change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Government Code Section 65962.5.
(ii) The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is
suitable for residential use or residential mixed uses. e. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code. f. Within a special flood hazard area subject to inundation by the 1-percent annual chance flood (100-year flood) as determined

by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency.

If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this paragraph and is otherwise eligible for streamlined approval under this section, the City shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the City that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following is met:
(i) The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency
and issued to the local jurisdiction.
(ii) The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program pursuant to Part 59 (commencing with Section

59.1) and Part 60 (commencing with Section 60.1) of
Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
g. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the
development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the City shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the City that is applicable to that site. h. Land identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or another adopted natural resource protection plan.
i. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies,

fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). j. Land under conservation easement.

11. The proposed subdivision conforms to all applicable objective requirements of the Map Act and section 16.190.020, except as otherwise expressly provided in this Chapter 16.190.

12. Any parcels proposed to be created pursuant to this section will be served by a public water system and a municipal sewer system.

13. If an application is filed after July 1, 2025, the proposed subdivision will not result in any existing dwelling unit being alienable separate from the title to any other existing dwelling unit on the lot.

B. The City shall approve or deny an application for a parcel map or a tentative map for a housing development project submitted to the City pursuant to this section within 60 days from the date the City receives a completed application. If the City does not approve or deny a completed application within 60 days, the application shall be deemed approved. If the City denies the application, the City shall, within 60 days from the date the City receives the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.

C. Any housing development project constructed on the lot proposed to be subdivided pursuant to this section shall comply with all applicable objective zoning standards, objective subdivision standards, and objective design standards as established by the City that are not inconsistent with this Chapter

16.190.

D. The City may condition the approval and recordation of a subdivision map upon the completion of a residential structure in compliance with all applicable provisions of the California Building Standards Code that contains at least one dwelling unit on each resulting parcel that does not already contain an existing legally permitted residential structure or is reserved for internal circulation, open space, or common area.

E. The City may deny the issuance of a parcel map, a tentative map, or a final map if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and

safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

F. Notwithstanding section 17.100.005, the City is not required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels created through the exercise of the authority contained within this section.

G. Notwithstanding Section 66411.7 of the Government Code or Chapter

16.169, the City is not required to permit an urban lot split on a parcel created through the exercise of the authority contained within this Chapter 16.190.

16.190.020 MINISTERIAL REVIEW OF QUALIFYING HOUSING DEVELOPMENT PROJECTS OF 10 UNITS OR LESS; DEVELOPMENT STANDARDS
A. A development proponent may submit an application for a housing development project on a lot that is subdivided pursuant to section 16.190.010 that complies with the following:

1. All objective zoning standards, objective subdivision standards, and objective design standards that are related to the housing development or to the design or improvement of a parcel, and do not conflict with this section or section 16.190.010.

2. Notwithstanding paragraph 1 above, a housing development on a lot that is subdivided pursuant to section 16.190.010 is not subject to an objective zoning standard, objective subdivision standard, or objective design standard that does or is any of the following:
a. Physically precludes the development of a project built to densities as specified in Government Code Section
65583.2(c)(3)(b). This paragraph does not preclude a project at a density greater than the maximum density specified that section. Notwithstanding the foregoing, for housing development project applications filed on or after July 1, 2025, a development located on a “vacant” lot as defined in section

16.190.010(A)(3)(b), is subject to a height limit of no less than the height allowed pursuant to the existing zoning designation applicable to the lot.
b. Imposes any requirement that applies to a project solely or partially on the basis that the subdivision or housing development receives approval pursuant to this section.
c. Requires a setback between the units, except as required in the California Building Code.
d. Requires that parking be enclosed or covered.

e. Imposes side and rear setbacks from the original lot line inconsistent with section 17.797.004(A)(7)(b).
f. Imposes parking requirements inconsistent with section

17.797.004(A)(8).
g. For a housing development project consisting of three to seven units, inclusive, impose a floor area ratio standard that is less than 1.0. For a housing development project consisting of 8 to 10 units, inclusive, impose a floor area ratio standard that is less than 1.25.

B. A housing development project on a proposed site to be subdivided pursuant to this Chapter 16.190 is not required to comply with the following:

1. A minimum requirement on the size, width, depth, or dimensions of an individual parcel created by the development beyond the minimum parcel size specified in, or established pursuant to, section

16.190.010(D).

2. The formation of a homeowners’ association, except as required by the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).

Notwithstanding the foregoing, the City may require a mechanism for the maintenance of common space within the subdivision, including, but not limited to, a road maintenance agreement.

C. The City shall ministerially consider, without discretionary review or a hearing, an application for a housing development project submitted pursuant to this section. The City shall approve or deny such an application within 60 days from the date the City receives a completed application. If the City does not approve or deny a completed application within 60 days, the application shall be deemed approved. If the City denies the application, the City shall, within 60 days from the date the City receives the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.

D. The City may disapprove a housing development project that meets the requirements of this section if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

16.190.030 BUILDING PERMITS FOR QUALIFYING HOUSING DEVELOPMENT PROJECTS OF 10 UNITS OR LESS
The City shall issue a building permit for one or more residential units that are part of a housing development project consisting of 10 or fewer units pursuant to Government Code section 65913.4.5, as may be amended from time to time.

SECTION 3. Inclusion in the Brentwood Municipal Code. It is the intention of the Brentwood City Council that Section 2 be codified in the Brentwood Municipal Code.

SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance or its attachments is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the City Council declares that it would have adopted each provision of this Ordinance irrespective of the validity of any other provision.

SECTION 5. Publication and Effective Date. This Ordinance shall be published in accordance with Government Code Section 36933 by either posting or publishing the Ordinance in accordance with that law. This Ordinance shall take effect and be in force 30 days following its adoption.

The foregoing ordinance was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 14th day of January, 2025, by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:
_______________________________
Susannah Meyer
Mayor
ATTEST:
_____________________________
Amanda McVey
City Clerk

CITY COUNCIL AGENDA ITEM NO. G.2
01/14/2025
SUBJECT: Amendment No. 2 to the Agreement for Artist Services with Motivated Metal for the “Radiant Convergence” Public Art Spaces, CIP #337-37244
DEPARTMENT: Parks and Recreation
STAFF: Darin Gale, Assistant City Manager
Thien Nguyen, Recreation Manager

TITLE/RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. 2 to the agreement with Motivated Metal for the “Radiant Convergence” (“monument” or “Project”) Public Art Spaces Capital Improvement Program (CIP) Project #337-37244 (“Public Art Spaces Project”) to increase the agreement amount by $5,000, and to amend the scope of services.

FISCAL IMPACT
The Public Art Spaces Project is included in the City’s adopted 2024/25 – 2028/29 Capital Improvement Program (CIP). The CIP Project budget was created to fund the installation of three or more art monuments at select locations throughout the City with a current total budget of $786,383. Radiant Convergence is the second of the projects included in the overall CIP Project.

Due to a number of California construction law requirements to construction on public property, City staff is recommending that the City be responsible for the construction elements required for the installation of the monument, and remove this scope of work from the artist’s responsibility. Further, approval of this item will amend the existing agreement with Motivated Metal to increase compensation to the artist by $5,000 to a total compensation of $180,000. There is sufficient budget in the Project for this agreement amendment.

Funding for this Project is provided by the Capital Infrastructure, Public Art Acquisition and Public Art Administration Funds. The Public Art Funds can only be used for public art projects.

CITY COUNCIL AGENDA ITEM NO. G.2
01/14/2025

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

Radiant Convergence is a Public Art Spaces Project created by artist Seth Emerson Palmiter of Motivated Metal. As currently designed (Attachment 6), the monument is 57 feet long, 12 feet wide, and 20 feet high. Radiant Convergence, though modern in its articulated geometries, is also grounded in form and inspiration relevant to Brentwood history and regional icons. Examples of this are Mount Diablo, farming and irrigation systems, and prominent local architecture. Care to include representational icons which are rooted in Brentwood’s visual vocabulary, ensure the art is enjoyed by a broad audience. Radiant Convergence will be located in the Sand Creek Road median, east of Highway 4.

In 2020, City Council approved an agreement with Motivated Metal for $175,000 (the “Agreement”), and authorized a 10% contingency of $17,500. The Agreement included designing, fabricating, and installing the Radiant Convergence monument.

In March 2020, the Agreement was amended to update the location of the Project to the Sand Creek median. Immediately thereafter (from 2020-2023), there were a range of challenges and project delays (please see Attachment 4 Radiant Convergence Project History). All parties are motivated to restart, and complete this Project.

As discussions with Motivated Metal continued, and the specifics of installation of the monument were discovered, it was determined that in order to comply with California construction law requirements (including prevailing wages), the scope of work of the Agreement had to be amended. This included having the City take on the obligations of installing the monument.

City staff worked with Motivated Metal to amend the scope of the work, so that the Project could move forward. The amendment to the Agreement is attached as Attachment 5, and highlights of the changes include:
- A change in the overall compensation to Motivated Metal for the Project.

CITY COUNCIL AGENDA ITEM NO. G.2
01/14/2025
- The City’s assumption of the public works aspects of the installation of the monument, following delivery of the monument’s parts by Motivated Metal. - An updated payment schedule, including key milestones for the Project. - Revisions to the Agreement term so that the Project is completed no later than December 31, 2025, or when the project is finished (whichever is sooner).

Additional costs for this Project for consideration is landscaping, plans, and inspections. The location of the monument will be in the Sand Creek median where there is existing landscaping. City Staff have visited the site and will create plans to do earthwork on site to prepare for construction (remove landscape, relocation of irrigation boxes, pothole and fill to confirm location of installation, etc.) and will also create plans to add updated landscaping in the planters and in the median following construction. Parks and Recreation staff will work closely with Engineering and Public Works to review plans related to this monument, and to prepare construction bid documents for installation of the Project. For construction and installation of the monument, the City will incur expenses for inspection to ensure the monument is built to plan and is approved for City to accept the Project. These costs will be paid from the existing Public Art Spaces Project.

The proposed amendments to the Agreement will allow the artist to complete and deliver the monument, and for the City to take on the responsibilities and comply with the legal requirements, to have the monument installed separately from the artist agreement. Any contract(s) for installation of the monument that exceeds $50,000 will be brought to the City Council for approval at a future meeting and will be paid from available funding in the existing Public Art Spaces Project.

Tonight, City Staff recommends Council adopt a resolution approving and authorizing the City Manager or designee to execute Amendment No. 2 to the Agreement with Motivated Metal to increase the Agreement amount by $5,000, and amend the scope of services as shown in Attachment 5.

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

PREVIOUS ACTION
Previous Action as an Attachment 1.

CITY COUNCIL AGENDA ITEM NO. G.2
01/14/2025

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. If this action is taken, the original budget and current Agreement with the artist would not be sufficient to complete the Project. With the Agreement being more than four (4) years old and not having an expiration or set dates for continual progress, it would be difficult to move forward and/or complete this Project.

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

ATTACHMENT(S)

1. Attachment 1 Previous Action

2. Attachment 2 Resolution

3. Attachment 3 CIP Sheet: Project 337-37244

4. Attachment 4 Radiant Convergence Project History

5. Attachment 5 Amendment 2

6. Attachment 6 Rendering and Scale: Radiant Convergence

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

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

On April 23, 2019, by Resolution No. 2019-54, City Council approved two viable locations, artists and designs for the Public Art Spaces project.

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

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

On January 14, 2020, a Resolution approving the City Manager or designee to execute an Agreement for Artist Services with Motivated Metal for the Public Art Spaces CIP Project #337-37244 in the amount of $175,000 plus a 10% contingency of $17,500 for a total amount of $192,500 was brought to Council. Council continued the item and asked staff to work with the Arts Commission on site location.

On February 25, 2020, by Resolution No 2020-28, City Council approved and authorized the City Manager or designee to execute an artist services agreement with Motivated Metal for the Public Arts Spaces CIP Project #337-37244 in the amount of $175,000 plus a 10% contingency of $17,500 for a total of $192,500 On May 28, 2024, by Resolution 2024-56, City Council adopted the FY 2024/25 – 2028/29 Capital Improvement Program, which includes the Public Art Spaces Project, CIP Project No. 337-37244.

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

RESOLUTION NO. 2025-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 ARTIST SERVICES WITH MOTIVATED
METAL FOR THE “RADIANT CONVERGENCE” PUBLIC ART
SPACES PROJECT, CIP PROJECT #337-37244 TO INCREASE THE
AGREEMENT AMOUNT BY $5,000, AND TO AMEND THE SCOPE
OF SERVICES.

WHEREAS, on February 28, 2017, by Resolution No. 2017-24, City Council approved two viable locations for the Citywide Gateway Monuments “4-Corners” Project (renamed Public Art Spaces); and
WHEREAS, on April 17, 2019, the Arts Commission approved a recommendation to City Council for approval of two Public Art Spaces locations, artists and designs; and
WHEREAS, on April 23, 2019, by Resolution No. 2019-54, City Council approved two viable locations, artists and designs for the Public Art Spaces project; and
WHEREAS, on May 7, 2019, City Council approved the City public art location prioritization; and
WHEREAS, on May 28, 2019, by Resolution No 2019-68, City Council adopted the 2019/20 – 2023/24 Capital Improvement Program (CIP) which included the Public Arts Spaces projects; and
WHEREAS, on July 2, 2019, the Public Art Spaces Ad-Hoc Committee reviewed a design by artist Seth Palmiter of Motivated Metal for the Public Art Spaces project and approved a recommendation of the artist and design to the Arts Commission; and
WHEREAS, on September 25, 2019, the Arts Commission approved a recommendation to City Council for approval of Motivated Metal’s design for the Public Art Spaces project; and
WHEREAS, on January 14, 2020, City Council requested the Arts Commission to re-evaluate the site location for the Seth Palmiter designed project; and
WHEREAS, on January 21, 2020, the Arts Commission held a special meeting to discuss the Public Art Spaces site locations as requested by City Council, and the Commission reviewed location options and are recommending the Seth Palmiter design be installed at either the Balfour Bypass median site or the San Creek median site; and
WHEREAS, on February 25, 2020, by Resolution 2020-28, City Council approved and authorized the City Manager or Designee to execute an Agreement

for Artist Services with Motivated Metal for the Public Arts Spaces CIP #337-37244 in the amount of $175,000, plus a 10% contingency of $17,500, for a total amount of $192,500; and
WHEREAS, on March 16, 2020, Amendment No. 1 to the Agreement for Artist Services with Motivated Metal for the Public Art Spaces CIP Project #337- 37244 was executed, replacing Exhibit A to identify the new location for installation of the Radiant Convergence art piece; and
WHEREAS, on May 28, 2024, by Resolution 2024-56, City Council adopted the FY 2024/25 – 2028/29 Capital Improvement Program, which includes the Public Art Spaces Project, CIP Project No. 337-37244; and
WHEREAS, on June 25, 2024, by Resolution 2024-73, City Council adopted the FY 2024/25 – 2025/26 Operating Budget; and
WHEREAS, the proposed amendments to the Agreement will allow the artist to complete and deliver the monument, and allows for the City to take on the responsibilities and comply with the legal requirements, to have the monument installed.

NOW THEREFORE BE IT RESOLVED that the City Council approves and authorizes the City Manager or designee to execute Amendment No. 2 to the Agreement for Artist Services to increase the amount by $5,000 with Motivated Metal for the “Radiant Convergence” Public Art Space Project, CIP Project #337- 37244, and amend the scope of services.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 14
th day of January 2025, by the
following vote:

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

Public Art Spaces 337-37244
Description/Justification:

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

Project Status:

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

Supplemental Information:

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

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

PROJECT FINANCING CURRENT PROPOSED
Project Category: Community Facilities Improvements
Location: Citywide - At major vehicular entry
points
Project Manager: T. Nguyen
Project Priority: 1E - Mandatory
Est. Completion Date: 2025/26
Future Annual
O & M Impact: TBD
Public Art
Requirement: Exempt
General Plan Policy: CSF 5-10
Resolution #2024-81
Meeting 7/23/24
Item #H.1.

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

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

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

The ad hoc committee met to further review artists, designs and site locations. They continued dialogue with three artists – Douwe Blumberg, Seth Palmiter and Davis McCarty. The committee focused on three locations – Balfour Bypass median, Sand Creek Road in front of The Streets of Brentwood, and Brentwood Boulevard alongside the Police Department. Ultimately, the committee paired Douwe Blumberg with the Brentwood Boulevard site, Seth Palmiter with the Balfour Road site, and Davis McCarty with the Sand Creek Road site.
2019
On July 2, 2019, the Public Art Spaces Ad Hoc Committee reviewed a new design by artist Seth Palmiter of Motivated Metal for the Public Art Spaces Balfour Road site.

He designed with thoughtful influences of the City’s agricultural heritage and geographic typography while connecting also with the vision of growth and opportunity that the future holds. The Ad Hoc Committee unanimously approved a recommendation of this artist and design for the Balfour Road site to the Arts Commission.

On September 25, 2019, the Arts Commission unanimously approved a recommendation to City Council for approval of Motivated Metal’s design for the Public Art Spaces project on Balfour Road.

Attachment 4
On September 30, 2019, artist Davis McCarty let staff know that he was not able to move forward with the project he had designed for the Sand Creek Road location, and withdrew from the process.
2020
On January 14, 2020, Council requested the Arts Commission to re-evaluate the site location for the Seth Palmiter designed project.

On January 21, 2020, the Arts Commission held a special meeting to discuss the Public Art Spaces site locations as requested by City Council. The Commission reviewed location options and recommended the Seth Palmiter design be installed at either the Balfour Bypass median site, or the Sand Creek Road median site.

On February 25, 2020, staff returned to City Council with the Arts Commission’s recommendation, and City Council adopted Resolution 2020-28 approving an agreement for Artist Services with Motivated Metal for the design, build, and installation of Radiant Convergence in the Sand Creek Road median.

On March 16, 2020, Amendment No. 1 to artist services agreement with Motivated Metal for the Public Art Spaces CIP Project #337-37244 was executed replacing Exhibit A with a revised Scope of Services described in Exhibit “A” attached hereto.

Following this timeline of events, the Coronavirus Pandemic impacted not only the City of Brentwood, but also the world. A number of challenges including shelter in place orders, supply chain issues, labor shortages, etc. all impacted progress on this Project. Following the unprecedented pandemic were more challenges including inflation issues, such as rises in costs of materials, supplies, transportation, and labor.

Fortunately, some materials and components of the Project were purchased and fabricated before the inflation impacts were incurred by the artist, but most costs associated with this Project have since risen.
2023
In early 2023, City staff reached out to the artist to re-start discussions about the Project. City Staff received pictures of the upright components the artist had been working on.

Attachment 4
On July 19, 2023, the Arts Commission reviewed and discussed amending the agreement with the artist, and the Commission recommends that City Council approve the additional funds for the Project and to amend the existing agreement with the artist.
2024
As discussions with Motivated Metal continued, and the specifics of installation of the monument were discovered, it was determined that in order to comply with California construction law requirements (including prevailing wages), the scope of work of the Agreement had to be amended. This included having the City take on the obligations of installing the monument.

City staff worked with Motivated Metal to draft amendments to the scope of the work to the artist agreement, so that the Project could move forward as well as doing potholing on the site to identify the exact location of the monument footers, discussion of removing and installing landscaping in the median cost effectively, and using landscaping appropriate for the monument. Amendments to the artist agreement are expected to be taken to City Council in 2025 with a target installation and completion of the monument for December 31, 2025.

1 City Attorney Approved Version 040821
AMENDMENT NO. 2 TO EXTEND AND AMEND THE

AGREEMENT FOR ARTIST SERVICES
[Motivated Metal]
This Amendment No. 2 is entered into and effective as of the ____ day of __________________, 2025, amending the agreement dated February 25, 2020 (the “Agreement”) by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and Motivated Metal, a sole proprietorship (“Artist”), (collectively, the “Parties”) for the “Radiant Convergence” public art spaces project (“Project”).

RECITALS
A. On February 25, 2020, City Council approved Resolution No. 2020-28 authorizing the execution of an agreement between the City and Artist for the Project to be located on a City-owned property determined by City Council; and B. On March 16, 2020, the Parties executed Amendment No. 1 to the Agreement to alter the scope of work to include the location of where the public art installation was to take place; and
C. Due to the legal requirements in California surrounding public works projects, including the need to secure bonds and pay prevailing wages, and because Artist does not live in California, and does not have familiarity with these legal requirements, the Parties have agreed to remove these items from the scope of Services of the Agreement, and instead, the public works aspects of the Agreement will be handled by the City to ensure compliance with California public contracting requirements; and D. Because of the change to the scope of Services for the Project, and the moving and shifting of the project in the median, the Compensation payable to Artist will increase by $5,000, which takes into account the City handling the public works aspects of the Project, as well as an increase in material costs incurred by the Artist caused by the COVID-19 Pandemic; and
E. The Parties desire to amend Exhibit “A” Scope of Services to include specific benchmarks for timing related to the completion of the Project, payment obligations, clarifications on site specifications, removal of the public works aspects, and additional clarifying information regarding the Project, and the Parties have negotiated and agreed to a revised scope of services and fee schedule; and F. The term of the Agreement currently expires “upon completion of the Services by Artist,” and the Parties desire to amend Section 3 (Term) so that the Agreement expires either upon completion of the Services by Artist, or by December 31, 2025, whichever is sooner.

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

1. The total amount of compensation to be paid to Artist under the Agreement

2 City Attorney Approved Version 040821
is hereby increased by $5,000, making the Compensation payable to Artist a total not to exceed Agreement amount of $180,000, with the full schedule of payments outlined in Exhibit “A.”

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

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

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

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

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

3 City Attorney Approved Version 040821

7. Signatures.

7.1 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.

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

ARTIST:

By:

Seth Palmiter, Artist/Owner
CITY:

By:

Tim Y. Ogden, City Manager
ATTEST:

By:

Amanda McVey, City Clerk
APPROVED AS TO FORM:

By:

Katherine Wisinski, City Attorney

4 City Attorney Approved Version 040821
EXHIBIT “A”

SCOPE OF SERVICES AND FEES

1. Artist will design, fabricate, build, and complete the project entitled “Radiant Convergence” (the “Project”), as shown in Attachment 1, which is attached and incorporated in by this reference.

2. The Project is to be located in the Sand Creek Road median in conformance with the site diagram provided as Attachment 2, which is attached and incorporated in by this reference.

3. Project components and responsibilities:
• Artist to prepare and provide structural plans (shop drawings of artwork above and below ground) stamped by an engineer for City Staff review and approval.
• Artist to complete formation of structural tube elements, completion of mesh panel and transportation of art components of these items. • Artist to provide photos of completed components of all stanchions, mesh panels, structural tube elements with size dimensions and weight of items. • City to prepare and complete bid process, and enter into contract(s) with contractor(s), for the concrete and lighting work required for installation of the Project.
• The Parties will mutually agree on a date for delivery of the finished stanchions, mesh panels, and tube elements for the Project, taking into consideration the work schedule of the City’s hired contractor(s). • Artist is responsible for delivery, within 45 days of being notified by City, of the stanchions, mesh panels, and tube elements, and shall arrive in the City the same time these items are delivered.
• Artist to provide footer templates and hardware for installation and attachment of structural tube elements to be installed by City’s contractors. • Artist shall be on-site during the entire installation of the Project, until completion, for field review.
• Artist to polish installed items following installation by City’s contractor(s). • City to provide any final dressing of the site, which could include landscaping, bark and/or plant materials.
• City will coordinate unveiling/ribbon cutting ceremony.

4. Payment Schedule to Artist:
• $87,500 payable on March 20, 2020, at the beginning of the Project. • $43,750 payable on July 11, 2023 for completing fabrication of four uprights.
• $20,000 payable within 30 days of execution of this Amendment for remobilization of the Project.
• $10,500 payable upon receipt of structural plans (referenced above) for the Project.
• $6,000 payable within 30 days of City’s receipt of photos that artwork is prepared for transportation.

5 City Attorney Approved Version 040821
• $12,250 payable within 30 days following completion of final acceptance by the City, of the Project.

Compensation Total $180,000

Radiant Convergence (Concept and Renderings)
Attachment 1

Attachment 2
Radiant Convergence (Location)
Installation Location for project

Attachment 2: Radiant Convergence Design

CITY COUNCIL AGENDA ITEM NO. G.3
01/14/2025
SUBJECT: Consideration of the proposed list of Proclamations for 2025 DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Amanda McVey, City Clerk

TITLE/RECOMMENDATION
Approve the proposed list of Proclamations for 2025.

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

BACKGROUND
Each year, there are a number of proclamations requested by the City Council, staff, and members of the public. In an effort to schedule the proclamations so that days, months, and weeks receive the appropriate recognition, staff has provided the attached schedule for the City Council to review and provide feedback, if any, to staff.

Staff recommends that the proclamations be placed on the meeting prior to the day, week, or month they represent.

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

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable

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

DATE OF NOTICE
Not Applicable

CITY COUNCIL AGENDA ITEM NO. G.3
01/14/2025

ENVIRONMENTAL DETERMINATION
Not Applicable

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation.

2. Modify staff’s recommendation.

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

ATTACHMENT(S)

1. Previous Action

2. 2025 Proclamation List

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

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

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

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

On January 9, 2024, the City Council, by motion, approved the proposed list of 2024 proclamations and directed staff to include National Volunteer Week in the list of annual proclamations.

2025 PROCLAMATION LIST
Updated January 2025
JANUARY 2025 DATES (dates subject to change
each year)
National Slavery and Human Trafficking
Prevention Month
January
National Religious Freedom Day January 16, 2025
Martin Luther King, Jr. Day January 20, 2025

FEBRUARY
American Heart Month February
Black History Month February 1st to March 1st
National Cancer Prevention Month February
MARCH
Autism Awareness Month March
Developmental Disabilities Awareness
Month/All Abilities Month
March
Prescription Drug Abuse Awareness Month March
Red Cross Awareness Month March
Women’s Month March
World Down Syndrome Day March 21, 2025
Vietnam Veteran’s Memorial Day March 29, 2025
APRIL
Arab Heritage Month April
Diversity Month April
Youth in Government Day April/May
National Library Week April 6 – 12, 2025
National Volunteer Week April 20 – 26, 2025
Earth Day April 22, 2025
Arbor Day April 25, 2025
MAY
Asian American and Pacific Islanders
Heritage Month
May
Building Safety Month May
Jewish American Heritage Month May
National Water Safety Month May
Older Americans Month May
Water Awareness Month May
National Day of Prayer First Thursday of May
Armed Forces Week Third Saturday in May
Memorial Day Last Monday in May
Municipal Clerk’s Week May 5-11, 2025
Police Week May 11-17, 2025
Bike to Work Week May 12-18, 2025
National Public Works Week May 18-24, 2025
JUNE
National Safety Month June
Pride Month June
Juneteenth June 19, 2025

2025 PROCLAMATION LIST
Updated January 2025
JULY
Parks and Recreation Month July
August
Back to School Month August

SEPTEMBER
National Senior Center Month September
Childhood Cancer Awareness Month September
National Suicide Prevention Week September 7-13, 2025
Patriot Day September 11, 2025
Hispanic Heritage Month September 15 – October 15, 2025 National Veterans of Foreign Wars Day September 29, 2025 HR Professionals Day September 26, 2025

OCTOBER
Breast Cancer Awareness Month October
Filipino American Heritage Month October
October as Cybersecurity Awareness Month October
Polish American Heritage Month October
Code Enforcement Appreciation Week Second week of October Support Your Local Chamber Day Third Wednesday in October Indigenous Peoples’ Day October 13, 2025
World Polio Day October 24, 2025

NOVEMBER
American Diabetes Month November
Native American Heritage Month November
Pancreatic Cancer Awareness Month November
Shelter in Place Education Day November 6, 2025
Veterans’ Day November 11, 2025
Small Business Saturday November 29, 2025

DECEMBER
National Giving Month December

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

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

POLICY
A. Requests for Recognition Criteria:

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

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

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

3. Acknowledgment of significant events or celebrations.

B. Ceremonial Documents:

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

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

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

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

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

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

C. Receiving Requests:

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

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

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

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

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

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

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

Only one ceremonial document will be issued per event.

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

CITY COUNCIL AGENDA ITEM NO. G.4
01/14/2025
SUBJECT: City Council committees and committee assignments for 2025, including the formation of an LLAD Ad-hoc Committee and a Charter City Ad-hoc Committee, and the transition of the DEBI Ad-hoc Committee and Age Friendly Ad-hoc Committee to
Standing Committees
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Amanda McVey, City Clerk

TITLE/RECOMMENDATION
Staff recommends that the City Council review the City Council committees, assignments and descriptions for 2025, and approve, by motion, the committees, schedules, appointments, and descriptions of the committees.

FISCAL IMPACT
Age Friendly Communities Committee (Standing): Staff time could be approximately 5-10 hours per month in working with the committee and with stakeholders preparing for funding requests related to the effort. If staff is directed to move forward with consultant assistance, staff will return to City Council for their approval of any necessary General Fund budget adjustments.

Budget and Debt Management Committee: Depending on the scope and meeting frequency of the potential committee, staff time could be approximately 5-10 hours per month preparing for and following up on Committee discussions.

Charter City Ad-hoc Committee: Staff time could be approximately 10-15 hours per month working with the committee and efforts with stakeholders preparing for related funding requests. If staff is directed to move forward with consultant or outside legal assistance, staff will return to City Council for their approval of any necessary General Fund budget adjustments.

Diversity, Equity, Belonging, and Inclusion Committee (Standing): Staff time could be approximately 10-15 hours per month in working with the committee and with stakeholders preparing for funding requests related to the effort. If staff is directed

CITY COUNCIL AGENDA ITEM NO. G.4
01/14/2025
to move forward with consultant assistance, staff will return to City Council for their approval of any necessary General Fund budget adjustments.

Lighting and Landscape Assessment District Funding Committee: Depending on the scope and meeting frequency of the potential committee, staff time could be approximately 5-10 hours per month preparing for and following up on Committee discussions.

BACKGROUND
Each year, the City Council reviews the committees and committee assignments, as well as those of regional bodies, and makes appointments as necessary for the upcoming year.

The draft list of 2025 City Council assignments includes standing Council committees, ad hoc committees, appointments to other regional bodies, and citizen appointments to other agencies. Staff recommends that the Council review the draft 2025 list of City Council committees, assignments (local and regional), as well as the committee descriptions below, and make revisions and appointments as needed.

The City Council forms committees to work on specific issues. They may be one of two types:

Ad-Hoc, or temporary, committees: These are used to tackle a single topic in the short-term. They are not subject to the Brown Act if they are (a) constituted of only members of the legislative body that forms it, (b) comprised of less than a quorum of that body, (c) created to address a limited or single purpose within a limited duration, (d) not vested with continuing subject matter jurisdiction over an issue or area, and (e) not subject to a meeting schedule set by formal action of the legislative body.

Standing committees: These are used to do ongoing work on an issue or multiple issues. Standing committees operate according to the same rules as City Council and commission meetings when it comes to the Brown Act. This means agendas are posted in advance, thereby providing meeting notice to the public, and with the public being able to attend the meetings and comment on agenda items. Consistent with prior Council direction, standing committee meetings would be held in the Council Chambers and broadcast via Zoom.

CITY COUNCIL AGENDA ITEM NO. G.4
01/14/2025
Below is a list of the Council proposed committees and a proposed change to the Agriculture Enterprise Committee. This list includes the scope of work for each committee, subject to Council approval:

Proposed New/Amended Committees
Age-Friendly Communities Committee (Standing): The committee will examine goals and implementation of funding opportunities focused on improving the quality of life and safety for older adults and adults with disabilities. This committee, previously established as an ad-hoc committee and set to dissolve on January 1, 2025, was approved by Council on July 23, 2024 to be established as a standing committee in 2025. The standing committee will be required to set a regular meeting schedule and comply with the regulations of the Brown Act.

Budget and Debt Management Committee (Ad-Hoc): The committee will discuss the 2025/26 – 2029/30 CIP Budget, the 2024/25 mid-year Operating Budget update, and debt management (any bond issuances and unfunded obligation strategy). This adhoc committee will be dissolved on January 1, 2026.

Charter City Committee (Ad-Hoc): The proposed committee will examine the pros/cons and feasibility of a charter city, preparing information for Council consideration of a ballot measure in 2026. This ad-hoc committee will be dissolved on January 1, 2026.

Diversity, Equity, Belonging, and Inclusion Committee (Standing): The committee will create and develop a racial equity plan, an anti-racism and anti-hate crime policy, and provide annual Juneteenth celebration oversight, opportunities for community engagement and policy advisement, and metrics and accountability to measure goals.

This committee, previously established as an ad-hoc committee and set to dissolve on January 1, 2025, was approved by Council on July 23, 2024 to be established as a standing committee in 2025. The standing committee will be required to set a regular meeting schedule and comply with the regulations of the Brown Act.

Lighting and Landscape Assessment District Funding Committee (Ad-Hoc): The proposed committee will discuss potential strategies to fund projects and ongoing operational funding needs of the Districts. This ad-hoc committee will be dissolved on January 1, 2026.

Proposed Change to Agricultural Enterprise Committee

CITY COUNCIL AGENDA ITEM NO. G.4
01/14/2025
This committee meets quarterly as needed on the first Monday of March, June, September, and December at 5:00 p.m. At times, these regular meeting dates fall on a City holiday, necessitating the need to cancel the meeting. Staff recommends the following change to this committee’s description: adding an additional meeting date due to holidays. This is the only substantive change being proposed for this committee. See proposed new language italicized and underlined.

Agricultural Enterprise Committee:

This committee reviews policies, projects, and programs directly related to agricultural enterprise within the City and along the City’s boundaries in the County’s Agricultural Core. The scope of this committee is broadly defined to include: development of policies and procedures relating to the implementation of the City’s agricultural preservation and agri-tourism programs, consider City funded agri-business programs and projects funded by Agricultural Mitigation Fees.

The committee is assisted by staff primarily from the Economic Development Division in the City Manager's Office, and the Community Development Department. When agenda items are scheduled, this committee meets quarterly as needed on the first Monday of March, June, September, and December at 5:00 p.m.; should the regular meeting day fall on a City holiday, the meeting will be held on the following Monday.

In addition to consideration of the new and amended committees, and assigning days and times for the regular meetings, the Council should also revisit existing committee assignments to replace former Mayor Joel Bryant, and any other assignments as desired.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION

CITY COUNCIL AGENDA ITEM NO. G.4
01/14/2025
Not Applicable.

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation, and no committees be amended nor will any new committees be formed.

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. Draft 2025 City Council Assignments

3. Sample Month Calendar of Chamber Usage and Regional Meetings

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.

Proposed New Committees
Age and Disabilities Friendly Communities Committee/ Diversity, Equity, belonging and Inclusion Committee (DEBI):

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

On March 26, 2024, the City Council, by motion, renamed the Age Friendly Communities Committee to Age and Disabilities Friendly Communities Committee, and the Racial Equity Committee to Diversity, Equity, belonging and Inclusion Committee (DEBI).

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

On July 23, 2024, the City Council, by motion, approved the transformation of the Age and Disabilities Friendly Communities Committee and the DEBI Committee from ad-hoc committees to standing committees, effective January 2025.

Charter City Committee (Ad-Hoc):

On November 18, 2008, the City Council approved the appointment of a Local Preference Program Ad-Hoc Subcommittee to examine the charter city issue with the following ultimate goals: 1) Receive report from the Subcommittee; 2) If Council desires further research into becoming a charter city, establish a new ad hoc subcommittee to examine specifically that issue; 3) Direct the new subcommittee to report back to the Council in early 2009, as part of the

Council’s goal setting for 2009/10. (The ad-hoc subcommittee was disbanded in 2010 as their scope of work was fulfilled.

Pursuant to Council Policy 110-1 Rule 4.4 (a)(2), a request was made in writing to the City Manager by Council Member Mendoza on May 17, 2024, and confirmed for consideration by Vice Mayor Meyer on May 21, 2024, that this item has been placed on the agenda so that the City Council may discuss it and provide further direction to staff.

On June 11, 2024, the City Council, by motion, authorized staff to spend time and resources to establish a Charter City Committee to examine the pros/cons and feasibility of a charter city.

2025 CITY COUNCIL COMMITTEES - LOCAL AND REGIONAL
City Council Committees
Committee Type Appointments
*Age and Disabilities Friendly Communities Standing Meyer/Pierson Agriculture Enterprise Standing Vacant/Meyer
*Diversity, Equity, Belonging and Inclusion Standing Meyer/Pierson Land Use and Development Standing Mendoza/Meyer
Municipal Code Review Committee Standing Oerlemans/Pierson 2025 Commissions Interview Committee Ad-Hoc Vacant /Mendoza *Budget and Debt Management Ad-Hoc Vacant/Vacant
*Lighting and Landscape Assessment District Funding Ad-Hoc Vacant/Vacant Regional Bodies and Other Local Appointments
Agency Type Appointments
Association of Bay Area
Governments
Planning Agency Vacant
Alt. Mendoza
Airport Land Use Committee Not appointed by the City. This is a Mayors’ Conference appointment.

No current Brentwood appointee
California Association of Councils
of Government
Regional/Statewide Planning
Agency
Vacant
Alt. Mendoza
Contra Costa Mayors conference Mayors from Contra Costa County Vacant Alt. Meyer
Contra Costa Transportation Authority Not appointed by the City. This is a Transplan appointment.

Vacant
Delta Six Mayors/CMs from East County Vacant
ECCC Habitat Conservancy Board This board administers the JPA for state and federal permits
Vacant
Alt. Mendoza
ECC Water Management
Association
Eleven agency regional
partnership working on water management issues
Vacant
Enhanced Infrastructure Financing
Districts (EIFDs)
Public Financing Authority for the Innovation Center
and Brentwood-Blvd
Mendoza/Meyer
Green Empowerment Zone California State Assembly passed AB 844 (Grayson), which established the Green Empowerment Zone
(GEZ).

Vacant
Alt. Darin Gale
John Marsh Historic Trust, City Council
Liaison
Support ongoing funding and historical renovation
efforts
Meyer
League of California Cities (East
Bay Division)
Regional monthly meetings Pierson
Police Activities League, City Council
Liaison
Fundraising Board for Police
Activities League programs
Oerlemans
Atl. Pierson
School Interagency City, BUSD, LUSD, and LMC
meetings regarding education
Mendoza/Pierson
Transplan, BART, State Route 4,
and ECCRFFA
Transportation Related Matters to coordinate
transportation interest in the region
Vacant
Alt. Oerlemans
Tri-Delta Transit Board Board includes two representatives from each of the four cities served by Tri-Delta, two members from the
County, and one at-large member
Vacant /Oerlemans

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

CITY COUNCIL AGENDA ITEM NO. I.1
01/14/2025
SUBJECT: Consider a request from Council Member Mendoza requesting a briefing related to the Police Department’s media outreach process
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Amanda McVey, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Mendoza requesting an informational briefing on the Police Department’s process as it relates to communication with the media.

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

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

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable

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

DATE OF NOTICE
Not Applicable

ATTACHMENT(S)

1. Previous Action

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

On November 12, 2024, Council Member Mendoza requested an informational briefing on the Police Department’s practices regarding communication with the media.

CITY COUNCIL AGENDA ITEM NO. I.2
01/14/2025
SUBJECT: A request from Vice Mayor Pierson and Council Member Oerlemans requesting the City Council consider funding a Youth Midnight Basketball League and assist with a location
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Amanda McVey, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Vice Mayor Pierson and Council Member Oerlemans requesting consideration of funding and providing assistance in obtaining a location for a Youth Midnight Basketball League for ages 12 – 25.

FISCAL IMPACT
There is no fiscal impact associated with this agenda item, until direction is provided.

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

Participant reports from the Antioch Midnight Basketball League reflect 10-11% of adults and youth in the program are from Brentwood. These reports are included as attachments to this staff report.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable

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

CITY COUNCIL AGENDA ITEM NO. I.2
01/14/2025

DATE OF NOTICE
Not Applicable

ENVIRONMENTAL DETERMINATION
Not Applicable

ATTACHMENT(S)

1. Previous Action

2. MBL Participant Report: Youth count from 2021 – 2024

3. MBL Participant Report: ADULT count from 2021 – 2024

4. MBL Pictures

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 November 12, 2024, Council Member Pierson and Council Member Oerlemans requested a future agenda item requesting the City Council consider funding a youth midnight basketball league for ages 12-25.

On December 10, 2024, the City Council, my motion, continued the item to the next available City Council meeting.

Midnight Basketball - 2021-2024 - Youth
1st Letter of Last
Name Total Count Antioch Brentwood Oakley Pittsburg Bay Point Stockton Discovery Bay Oakland A 15 10 2 2 1
B 16 12 2 1 1
C 12 8 3 1
D 12 6 2 1 3
E 12 9 1 2
F 7 6 1
G 9 8 1
H 10 6 1 1 2
I 8 5 1 2
J 14 9 2 1 2
K 10 5 2 2 1
L 14 7 3 1 3
M 16 11 2 2 1
N 7 3 2 1 1
O 6 5 1
P 11 9 1 1 0
Q 2 2
R 5 3 2
S 14 10 1 1 2
T 10 6 1 2 1
U 5 4 1
V 6 5 1
W 16 10 1 2 1 1 1
X 2 2
Y 3 3
Z 4 4
Total: 246 168 29 25
Percent 11% 10%
259

Midnight Basketball - 2021-2024 - ADULTS
1st Letter of Last
Name
Total
Count Antioch Brentwood Oakley Pittsburg
Bay
Point Stockton Livermore Lathrop Vallejo MT HSE
Discovery
Bay Oakland Modesto Tracy Suisun Rodeo
A 15 10 3 1 1
B 11 8 1 1 1
C 12 6 2 2 1 1
D 14 11 1 1 1
E 7 4 2 1
F 5 3 1 1
G 8 6 1 1
H 11 5 2 1 1 1 1
I 2 2
J 10 4 1 1 1 1 1 1
K 5 2 1 1 1
L 7 2 2 2 1
M 12 6 2 2 1 1
N 3 1 1 1
O 5 4 1
P 7 5 1 1
Q 1 1
R 7 3 2 1 1
S 10 8 2
T 9 6 2 1
U 3 3
V 3 2 1
W 11 9 1 1
X 0
Y 8 5 2 1
Z 2 2
Total: 188 117 20 14 12 2 5 3 1 4 2 1 3 1 1 1 1
Percent 10% 7%

Midnight Basketball

Midnight Basketball

CITY COUNCIL AGENDA ITEM NO. I.3
01/14/2025
SUBJECT: Consider a Request from Mayor Meyer and Council Member Mendoza to receive an update of the Park & Recreation
Commission’s discussion regarding operational factors related to the Creekside Pickleball Courts, and possible consideration of other options
DEPARTMENT: City Manager’s Office
Parks and Recreation
STAFF: Tim Ogden, City Manager
Darin Gale, Assistant City Manager
Aaron Wanden, Park Maintenance Manager

TITLE/RECOMMENDATION
The City Council may consider and discuss the written request from Mayor Meyer and Council Member Mendoza to receive an update regarding the Park & Recreation Commission’s discussion related to the Creekside Pickleball Courts, and to discuss what other options could be evaluated.

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

BACKGROUND
Pursuant to Council Policy 110-1 Rule 4.4 (a)(2), a request was made in writing to the City Manager by Council Member Mendoza on December 21, 2024, and confirmed for consideration by Mayor Meyer on December 30, 2024, that this item has been placed on the agenda so that the City Council may discuss it and provide further direction to staff. Pursuant to Section 4.4, Council discussion is limited to whether staff time and City resources should be spent on the item, and the time period for scheduling.

At the August 22, 2024 Park and Recreation Commission, staff presented an informational report and asked the Commission to provide possible direction regarding operational factors as related to the Creekside Pickleball Courts. Below is the list of items that were discussed at the meeting, including those pertaining to the sound issues.

CITY COUNCIL AGENDA ITEM NO. I.3
01/14/2025
 The hours of operation were changed by staff to 7:00 am – 9:00 pm (instead of 10:00 pm) and proper signage was posted to reflect this change and ensure that PD can enforce. Parks staff monitors the morning usage on their daily routes prior to 7:00 am.
 Staff had appropriate curbs painted red as “no parking” areas to alleviate the parking issues. Curbs in front of private homes are open to the public unless painted red.
 To avoid interference of play, staff altered the direction of court doors to swing outward and away from the courts and moved the racket holders to the outside of the courts.
 Certain wind screens were removed that inhibited the line of sight for spectators.
 Staff installed additional pickleball rules signs to ensure all players understand the expectation of the players on the courts and additional Citywide park rules signs.  Due to vandalism, staff secured the main electrical panel that was vandalized and the individual electrical panels on each Musco light.  As recommended by the Police Department, staff installed deflector shields on the pathway lights to deflect the lighting onto the pathway and away from the courts to deter use after court hours.
 Staff researched and presented to the Park & Recreation Commission the impact of sound dampening barriers for the pickleball courts. Staff spoke about the barriers that may help mitigate the noise issue raised by residents.
o The barriers are very similar to the wind screens that are utilized for the local tennis courts. The main difference is the sound dampening barriers are not transparent like the wind screens and could potentially create a security issue.
o It is estimated that the price for the higher quality sound dampening barriers would be around $30,000 to cover the entire fence around the pickleball courts at Creekside Park.
o Additional research is needed to determine what level of noise reduction could be achieved through the installation of sound barriers.

CITY COUNCIL AGENDA ITEM NO. I.3
01/14/2025
Sound Dampening Barrier Examples
 The Commission inquired about what type of noise complaints have been received. Staff informed the Commission that in addition to the sounds associated with the playing of pickle ball, some of the complaints pertained to the individuals that linger on and around the courts after hours.  The Commission suggested not moving forward with the sound dampening barriers at this time. Staff informed the Commission that if necessary, this topic is something the Commission can bring back for further discussion, if needed.

In addition, the Police Department provided staff with the noise complaint call logs for Creekside Park from the time period the courts opened in early June until December 31, 2024. Most of the calls coded as noise complaints reference people yelling, playing loudly or playing loud music. Some of the calls for disturbing the peace reference loud subjects in the area or on motorized bikes. The total number of noise complaints on file with the Police Department since the courts officially opened on June 5, 2024 is 16: June (8), July (3), August (1), September (1), October (1), November (1), and December (1).

If the Council elects to move this item forward, staff time and resources can be spent on researching the utility of sound mitigation options for future Council consideration.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable

CITY COUNCIL AGENDA ITEM NO. I.3
01/14/2025

PREVIOUS ACTION
Not Applicable

DATE OF NOTICE
Not Applicable

ENVIRONMENTAL DETERMINATION
Not Applicable

ATTACHMENT(S)
None