Agenda packet — Brentwood City Council, January 14, 2025 (part 1 of 2)

JANUARY 14, 2025, 7:00 PM

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

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

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

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

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

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

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

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

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

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

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

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

January 14, 2025, 7:00 p.m.

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

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

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

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

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

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

Title/Recommendation
Approved the Consent Calendar excluding Items E.3 and E.4 E.1 A Proclamation Proclaiming January 16, 2025, as Religious Freedom Day E.2 A Proclamation Proclaiming January 20, 2025, as Martin Luther King Jr. Day E.3 Recognized Obligation Payment Schedule (ROPS) 25-26 Title/Recommendation
Staff recommends adopting a Resolution of the Successor Agency to the Brentwood Redevelopment Agency (“Successor Agency”) approving the Recognized Obligation Payment Schedule (“ROPS”) and Administrative Budget for July 2025 – June 2026, and authorizing the Director of Finance and Information Systems and/or his designee, in consultation with the General Counsel, to make minor adjustments thereto as necessary to secure approval of the ROPS and/or the Administrative Budget by the State Department of Finance; and to undertake other actions necessary to carry out the purposes of the resolution.

E.4 Execute a Grant Agreement with Bay Area Air Quality Management District for the Fleet Electrification Project, CIP Project No. 337-37265.

Title/Recommendation
Staff recommends the City Council adopt a Resolution authorizing the City Manager or designee to execute a grant agreement with Bay Area Air Quality Management District (“BAAQMD”) for the Fleet Electrification Project, CIP Project No. 337-37265 (“Project”); amending the 2024/25 – 2028/29 Capital Improvement Program (“CIP”); and amending the 2024/25 Other Grants Fund Operating Budget for the associated project funding transfer and grant revenue in the amount of $3,218,000.

E.5 Purchase one new skid steer loader, and authorize the City Manager or designee to execute any necessary documents in a total amount not to exceed $127,000.

Title/Recommendation
Adopt a Resolution approving the purchase of one new John Deere skid steer loader for the Street Maintenance Division from Pape Machinery in Newark, CA; and authorizing the City Manager or designee to execute any necessary documents in an amount not to exceed $127,000.

E.6 Informational Report on Final Map of Subdivision No. 9574, Hanson Lane, developed by Meritage Homes, Inc.

Title/Recommendation
Receive and file an Informational Report on Final Map approval by the City Manager of Subdivision No. 9574, Hanson Lane, developed by Meritage Homes, Inc., located at 251 Hanson Lane (018-231-034). This report was continued from the City Council’s meeting of December 10, 2024, at the request of Councilmember Mendoza.

E.7 Award an agreement to Peregrine Technologies, Inc. for the purchase of software for $274,500 to provide a comprehensive data integration solution with secure information sharing and electronic court filing.

Title/Recommendation
Adopt a Resolution approving and authorizing the City Manager or designee to execute an agreement and necessary documents with Peregrine Technologies, Inc. in the amount of $217,500, plus funding authorization for an additional $57,000 for contingencies, for a total not to exceed amount of $274,500 over a three-year term for the purchase of software that provides a comprehensive data integration solution with secure information sharing and electronic court filing; and amend the FY 2024/25 and FY 2025/26 General Fund Operating Budget in the amount of $91,500 each year.

E.8 Approve the purchase of replacement tables and chairs for the Brentwood Community Center and Brentwood Senior Activity Center from MityLite Inc.

Title/Recommendation
Adopt a Resolution approving the purchase of replacement tables and chairs for the Brentwood Community Center (BCC) and Brentwood Senior Activity Center (BSAC) from MityLite Inc. and authorize the City Manager or designee to execute necessary documents for a total not to exceed amount of $97,080.01.

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E.9 Resolution approving Fee Waiver for Be Exceptional for FY 2024/2025, in an amount not to exceed $25,000
Title/Recommendation
City staff recommends the City Council adopt a Resolution approving a fee waiver for use of the Brentwood Community Center, Brentwood Senior Activity Center, and the Brentwood Skate Park for inclusive programming and programs designed for persons with disabilities. The fee waiver is requested for FY 2024/25 in an amount not to exceed $25,000.

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

F.1 An amendment to the Brentwood Municipal Code to update Chapter 5.68 (Mobile Vending) and an amendment to Chapter 17.850 (Temporary Use Permits) Title/Recommendation
Waive the first reading and introduce:

1. An ordinance approving an amendment (Rezone No. 24-004) to Brentwood Municipal Code Chapter 17.850 (Temporary Use Permits) to add regulations related to Long-Term Mobile Vending Facilities and Commissaries.

2. An ordinance approving an amendment to Brentwood Municipal Code Chapter 5.68 (Mobile Vending) to establish new mobile vending regulations.

These two ordinances and text amendments are exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as they are not a “project” and have no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 Cal. Code Regs. § 15378(a). Further, the Ordinances are exempt from CEQA as there is no possibility that either Ordinance or their implementation would have a significant negative effect on the environment. 14 Cal. Code Regs. § 15061(b)(3).

F.2 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 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.

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

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G.1 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) 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.

G.2 Amendment No. 2 to the Agreement for Artist Services with Motivated Metal for the “Radiant Convergence” Public Art Spaces, CIP #337-37244 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.

Continue and
requested staff to require the artist to separate the cost of installation and prepare an estimated cost of installation.

G.3 Consideration of the proposed list of Proclamations for 2025 Title/Recommendation
Approve the proposed list of Proclamations for 2025.

G.4 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 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.

H. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Members wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for the next Council meeting
I. REQUESTED FUTURE AGENDA ITEM(S)
I.1 Consider a request from Council Member Mendoza requesting a briefing related to the Police Department’s media outreach process
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.

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I.2 Consider 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
Title/Recommendation
exploring grant funds, facilitating a location for 2025, providing information in the rec guide,
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.

I.3 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 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.
sound study, locking gates, sound curtains, adjusted hours J. ADJOURNMENT
Any disclosable public records related to an agenda item for the open session of this meeting distributed to all or a majority of the City Council less than 72 hours before this meeting is available for inspection at City Hall, located at 150 City Park Way, during normal business hours.

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

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

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

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

POSTING STATEMENT
On January 14, 2025, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov
A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov

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PROCLAMATION
WHEREAS, the right to religious freedom has been a significant part of America’s historical roots; and
WHEREAS, our Founding Fathers understood the importance of individuals having freedom of religion for a stable democracy, and our Constitution protects individuals’ rights to worship as they choose; and WHEREAS, January 16 celebrates the anniversary of the 1786 Virginia Statute on Religious Freedom that restrained the practice of taxing people to pay for the support of the local clergy, and protected the civil rights of people to express their religious beliefs without suffering discrimination ; and
WHEREAS, each year since 1993, the President of the United States of America declares January 16 to be “Religious Freedom Day,” and calls upon Americans to observe this day through appropriate events and activities in homes, schools, and places of worship; and NOW, THEREFORE, BE IT PROCLAIMED, that the City
Council of the City of Brentwood recognizes January 16, 2025 as Religious Freedom Day
in the City of Brentwood, and calls upon residents to join in observing this day through appropriate events and activities in homes, schools, and places of worship.

Dated this 14th day of January, 2025
Susannah Meyer, Mayor

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PROCLAMATION
WHEREAS, the Reverend Dr. Martin Luther King, Jr. is remembered for dedicating his life to an unyielding faith and passion for justice and racial harmony, and a strong commitment to his belief of freedom, equality and justice for all; and
WHEREAS, from 1957 to 1968, Dr. King traveled more than six million miles and spoke over 2,500 times, wherever and whenever there was injustice, protest, and inaction. Dr. King wrote numerous books and articles to promote his teachings, and directed the peaceful march on Washington, D.C. where he delivered his “I Have a Dream” speech; and
WHEREAS, Dr. King endured imprisonment and adversity to achieve change that would alter the course of history with his leadership and practice of non-violence, which continues to inspire this nation and the world to reaffirm the importance of education as the foundation to end prejudice and discrimination; and
WHEREAS, Dr. King’s accomplishments as a clergyman, Nobel Peace Prize Laureate, author and advocate for securing the enactment of the 1964 Civil Rights Act, the 1965 Voting Rights Act, and the 1968 Fair Housing Act, emphasize the principles of equality as a cornerstone of our democracy; and WHEREAS, we honor his legacy in observance of the Martin Luther King, Jr. Holiday, and we encourage all to observe this holiday by acts and deeds of service within the community.

NOW, THEREFORE, BE IT PROCLAIMED that the City Council
of the City of Brentwood does hereby recognize January 20, 2025, as MARTIN LUTHER KING, JR. DAY
and invites residents to join us in honoring the life and legacy of Dr. King’s exemplary achievements.

Dated this 14th day of January, 2025
Susannah Meyer, Mayor

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SUCCESSOR AGENCY AGENDA ITEM NO. E.3
01/14/2025
SUBJECT: Recognized Obligation Payment Schedule (ROPS) 25-26 DEPARTMENT: Finance & Information Systems
STAFF: Kerry Breen, Director of Finance & Information Systems Rachel Corona, Accountant II

TITLE/RECOMMENDATION
Staff recommends adopting a Resolution of the Successor Agency to the Brentwood Redevelopment Agency (“Successor Agency”) approving the Recognized Obligation Payment Schedule (“ROPS”) and Administrative Budget for July 2025 – June 2026, and authorizing the Director of Finance and Information Systems and/or his designee, in consultation with the General Counsel, to make minor adjustments thereto as necessary to secure approval of the ROPS and/or the Administrative Budget by the State Department of Finance; and to undertake other actions necessary to carry out the purposes of the resolution.

FISCAL IMPACT
The adoption of the ROPS allows the Successor Agency to pay the obligations of the former Brentwood Redevelopment Agency in an orderly manner as the process of dissolution continues.

The City’s fiscal impact of this action is the annual receipt of $250,000 for administrative cost reimbursement. Approval of the ROPS will allow the existing debts of the former Redevelopment Agency to be paid as the former Brentwood Redevelopment Agency wind down continues.

BACKGROUND
Successor Agency History
The Community Redevelopment Act was signed into law in 1945. This legislation sought to combat blight and urban decay by creating entities (redevelopment agencies) that were empowered to use special tax financing measures to redevelop and rehabilitate residential, commercial, industrial, and retail areas in cities across the state. Redevelopment projects were required to provide a cash stream to fund

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SUCCESSOR AGENCY AGENDA ITEM NO. E.3
01/14/2025
affordable housing and other services that would benefit the communities in which they were located. With this mission in mind, hundreds of redevelopment agencies were established by individual California counties and cities, including Brentwood.

The law evolved significantly in the decades that followed its passage, however, in 2011, legislation was enacted to dismantle the redevelopment framework.

Subsequent litigation challenged the 2011 law, but was unsuccessful. Thus, effective February 1, 2012, the Brentwood Redevelopment Agency was dissolved. As required by law, redevelopment assets were allocated to new entities:
 certain assets of the Brentwood Redevelopment Agency Low and Moderate Income Housing Fund were distributed to a Housing Successor, and  all remaining Brentwood Redevelopment Agency assets and liabilities were distributed to a Successor Agency.

The Housing Successor and Successor agencies are both separate legal entities from the City. Under the provisions of Assembly Bill (AB) 1484 (AB 1484) the City elected to act as the Housing Successor and retain the housing assets. The City also elected to serve as the Successor Agency, and on February 1, 2012, the Brentwood Redevelopment Agency’s remaining assets were distributed to, and liabilities were assumed by, the Successor Agency.

AB X1 26 (ABX1-26), the 2011 law that ended redevelopment, required the establishment of oversight boards to review and approve the activities of successor agencies. In Contra Costa County, that function is fulfilled by the Countywide Oversight Board, which oversees all successor agencies in the county. Should the ROPS be approved in tonight’s action, it will be brought to the Countywide Oversight Board for its approval, and then submitted to the State Department of Finance (“DOF”) for its review. The Oversight Board review is scheduled for January 27, 2025.

Reporting Summary
By law, a successor agency is required to prepare a forward-looking ROPS that reports one year of successor agency financial obligations, commonly referred to as “Enforceable Obligations”. A successor agency may expend funds only for items on an approved ROPS. The ROPS presented for consideration this evening covers the July 2025 – June 2026 time period.

The DOF prescribes the method and form requirements for the ROPS and has established a reporting template to be used by successor agencies, included as

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SUCCESSOR AGENCY AGENDA ITEM NO. E.3
01/14/2025
Exhibit A to this report. The reporting template includes the following four reporting pages:
 Summary Page, which summarizes funding request total of $2,673,015 from the ROPS Detail Page
 ROPS Detail Page, where all the individual enforceable obligations of the Successor Agency are listed, along with the funding requirements for the July 2025 – June 2026 timeframe, summarized as follows:

Debt Service Obligations $2,421,415
Administrative Cost Allowance 250,000
Investment/trustee Related Expenses 1,600
Total Enforceable Obligations $2,673,015
 Cash Balances Page, which summarizes the amount of any excess funds available as of June 30, 2023, as follows:

Available Cash Balance $322,364
Amount Reserved for Property Disposition Costs $54,000
(Note: The DOF requires available cash to be spent prior to future Redevelopment Property Tax Trust Fund (“RPTTF”) allocations.)  Notes Page, which is an optional page where agencies can include additional clarifying information pertaining to any of the items listed on the ROPS Detail Page.

Administrative Cost Allowance Information
As mentioned above, the ROPS contains the administrative budget for the Successor Agency. The Successor Agency's "administrative cost allowance", as defined and authorized pursuant to Health & Safety Code Section 34171(b) (HSC 34171), is a minimum reimbursement of $250,000 for the entire 2025-2026 fiscal year. In accordance with Health & Safety Code Section 34177(j)(1) (HSC 34177), the total estimated Successor Agency administrative costs for the 2025-2026 fiscal year are expected to meet this limit. This budget, in accord with Health & Safety Code Section 34177(j)(2) (HSC 34177), proposes the source of payment for the administrative costs as the RPTTF established and maintained by the County Auditor-Controller pursuant to Health & Safety Code Section 34170.5(b) (HSC 34170.5).

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SUCCESSOR AGENCY AGENDA ITEM NO. E.3
01/14/2025
Additionally, Health & Safety Code Section 34177(j)(3) (HSC 34177) requires proposals for arrangements for administration and operations services. The Successor Agency has arranged with the City of Brentwood to provide the staff services and office materials and equipment to administer the responsibilities of the Successor Agency, and will draw upon services of outside legal and financial consultants to provide special services for the wind-down of the former Brentwood Redevelopment Agency to the extent City staff lacks the necessary expertise or capacity.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the Successor Agency is included on Attachment 1.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
Not Applicable.

ATTACHMENT(S)

1. Previous Action

2. Resolution ROPS 25-26

3. Exhibit A – ROPS 25-26

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ATTACHMENT 1 – PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Successor Agency 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 9, 2024, the Successor Agency adopted Resolution 2024-01-SA approving the ROPS and Administrative Budget for July 2024 – June 2025, and authorizing the Director of Finance and Information Systems and/or his designee, in consultation with the General Counsel, to make minor adjustments thereto as necessary to secure approval of the ROPS and/or the Administrative Budget by the State Department of Finance; and to undertake other actions necessary to carry out the purposes of this resolution.

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RESOLUTION NO.

A RESOLUTION OF THE GOVERNING BOARD OF THE SUCCESSOR

AGENCY TO THE BRENTWOOD REDEVELOPMENT AGENCY,

APPROVING THE RECOGNIZED OBLIGATION PAYMENT

SCHEDULE (ROPS) AND ADMINISTRATIVE BUDGET FOR JULY
2025 – JUNE 2026 AND AUTHORIZING THE DIRECTOR OF

FINANCE AND INFORMATION SYSTEMS AND/OR HIS DESIGNEE,

IN CONSULTATION WITH THE GENERAL COUNSEL, TO MAKE

MINOR ADJUSTMENTS THERETO AS NECESSARY TO SECURE

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

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

WHEREAS, Sections 34177 (l) and (m) of the Health and Safety Code require the successor agency to the former City of Brentwood Redevelopment Agency (“Successor Agency”) to submit to the State Department of Finance (“DOF”), the State Controller, and the Contra Costa County Auditor-Controller (“County AuditorController”), by February 1, 2025, a Recognized Obligation Payment Schedule (“ROPS”) for the period July 1, 2025 through June 30, 2026; and WHEREAS, the ROPS contains the enforceable obligation commitments of the Successor Agency for the July 2025 - June 2026 timeframe; and WHEREAS, Health and Safety Code Section 34177(j) requires the Oversight Board to approve an Administrative Budget for administrative costs of the Successor Agency; and
WHEREAS, the Successor Agency's "administrative cost allowance", as defined and authorized pursuant to Health and Safety Code Section 34171(b), is a minimum of $250,000, unless reduced by the Oversight Board or by agreement between the Successor Agency and the DOF for the July 2025 - June 2026 time period; and
WHEREAS, the Successor Agency will report to the County Auditor-Controller that its administrative cost allowance to be paid from property taxes deposited in the Redevelopment Property Tax Trust Fund pursuant to Health and Safety Code Section 34183(a)(3) is the amount of $250,000 for the July 2025 - June 2026 time period; and
WHEREAS, as authorized pursuant to Health and Safety Code Section 34183(a)(3), the proposed source of payment for the administrative costs is the Redevelopment Property Tax Trust Fund established and maintained by the County Auditor- Controller pursuant to Health and Safety Code Section 34170.5(b); and WHEREAS, the Successor Agency has arranged with the City of Brentwood to provide the staff services, office materials and equipment to administer the responsibilities of the Successor Agency.

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NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

Section 1. Approval of ROPS. The Governing Board of the Successor Agency to the City of Brentwood Redevelopment Agency, hereby approves the Recognized Obligation Payment Schedule (“ROPS”) for the period from July 2025 to June 2026, in substantially the form attached hereto as Exhibit A as required by Health and Safety Code Sections 34177(l) and (m).

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

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

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

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

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PASSED, APPROVED AND ADOPTED by the Governing Board of the Successor Agency to the City of Brentwood Redevelopment Agency at a regular meeting held on January 14, 2025, by the following vote:

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Recognized Obligation Payment Schedule (ROPS 25-26) - Summary Filed for the July 1, 2025 through June 30, 2026 Period Successor Agency: Brentwood
County: Contra Costa
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
25-26A Total
(July -
December)
25-26B Total
(January -
June)
ROPS 25-26
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 128,483 $ - $ 128,483 B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds 128,483 - 128,483
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 1,923,915 $ 620,617 $ 2,544,532 F RPTTF 1,798,915 495,617 2,294,532
G Administrative RPTTF 125,000 125,000 250,000
H Current Period Enforceable Obligations (A+E) $ 2,052,398 $ 620,617 $ 2,673,015 Certification of Oversight Board Chairman:

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

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Brentwood
Recognized Obligation Payment Schedule (ROPS 25-26) - ROPS Detail July 1, 2025 through June 30, 2026

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
25-26
Total
ROPS 25-26A (Jul - Dec)
25-26A
Total
ROPS 25-26B (Jan - Jun)
25-26B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$24,251,807 $2,673,015 $- $- $128,483 $1,798,915 $125,000 $2,052,398 $- $- $- $495,617 $125,000 $620,617 2 Bonds - Debt
Service
Bond
Reimbursement
Agreements
09/27/
2001
11/01/2031 U.S. Bank 2001 Tax
Allocation
Bond Debt
Service
Merged 9,447,625 N $1,354,250 - - 128,483 1,050,892 - $1,179,375 - - - 174,875 - $174,875 3 Bonds - Debt
Service
Bond
Reimbursement
Agreements
10/01/
2009
10/01/2039 U.S. Bank 2009 Lease
Revenue
Bond Debt
Service
Merged 14,477,482 N $1,067,165 - - - 747,223 - $747,223 - - - 319,942 - $319,942 5 Administrative
Cost
Allowance
Admin Costs 07/01/
2025
06/30/2026 City of
Brentwood
Annual
Administrative
Cost
Allowance
Merged 250,000 N $250,000 - - - - 125,000 $125,000 - - - - 125,000 $125,000 28 Investment
Management
Fees
Fees 07/01/
2025
06/30/2026 Public
Financial
Management
Investment
Management
Fees
Merged 21,750 N $1,500 - - - 750 - $750 - - - 750 - $750 29 Investment
Account
Maintenance
Fees
Fees 07/01/
2025
06/30/2026 Bank of New
York
Investment
Account
Maint Fee
Merged 950 N $100 - - - 50 - $50 - - - 50 - $50
44 H&S Code,
Section
34177.3 (b)-
Contracts
necessary for
property
disposition
Property
Dispositions
02/15/
2018
06/30/2026 Carpenter/
Robbins
Commercial
Real Estate,
Inc.

Property
disposition
services -
brokerage
Merged 54,000 N $- - - - - - $- - - - - - $-

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Brentwood
Recognized Obligation Payment Schedule (ROPS 25-26) - Report of Cash Balances July 1, 2022 through June 30, 2023
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 22-23 Cash Balances
(07/01/22 - 06/30/23)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/22)
RPTTF amount should exclude "A" period distribution
amount.
54,000 309,886
2 Revenue/Income (Actual 06/30/23)
RPTTF amount should tie to the ROPS 22-23 total
distribution from the County Auditor-Controller
128,483 2,586,268
3 Expenditures for ROPS 22-23 Enforceable Obligations
(Actual 06/30/23)
117,605 2,586,268
4 Retention of Available Cash Balance (Actual 06/30/23) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
54,000
5 ROPS 22-23 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 22-23 PPA
form submitted to the CAC
No entry required (1,600)
6 Ending Actual Available Cash Balance (06/30/23)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $320,764 $1,600

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Brentwood
Recognized Obligation Payment Schedule (ROPS 25-26) - Notes July 1, 2025 through June 30, 2026
Item # Notes/Comments
2 3
5 28
29 44

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CITY COUNCIL AGENDA ITEM NO. E.4
01/14/2025
SUBJECT: Execute a Grant Agreement with Bay Area Air Quality Management District 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 adopt a Resolution authorizing the City Manager or designee to execute a grant agreement with Bay Area Air Quality Management District (“BAAQMD”) for the Fleet Electrification Project, CIP Project No. 337-37265 (“Project”); amending the 2024/25 – 2028/29 Capital Improvement Program (“CIP”); and amending the 2024/25 Other Grants Fund Operating Budget for the associated project funding transfer and grant revenue in the amount of $3,218,000.

FISCAL IMPACT
The City was awarded $3,218,000 in grant funding from the BAAQMD for design and construction of electric vehicle charging infrastructure. This grant will provide funding for the Project, which is included in the 2024/25 – 2028/29 CIP with a total Project budget of $1,350,000. Of this amount, $800,000 has already been funded by the City. If this action is approved, the Project budget will be amended in this action to utilize the grant funding from BAAQMD to fund the entire Project and replace the existing Project funding sources.

Current Project funding is as follows:

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

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CITY COUNCIL AGENDA ITEM NO. E.4
01/14/2025
The increase in the original 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.

If approved, included in this action would be the amendment of the Project CIP budget sheet to change the funding source from the Enterprise Funds and General Fund to the Other Grants Fund, increase the total Project budget and update the scope of the Project. In addition, staff is proposing a budget amendment to the 2024/25 Other Grants Fund Operating Budget for the associated project funding transfer and grant revenue in the amount of $3,218,000.

Unlike typical grant funding with reimbursements throughout the Project duration, the total grant funding will be reimbursed after Project completion. If an interfund loan is required to provide interim funding for the construction until reimbursement is received from BAAQMD, staff will request approval of any such loan, per City Council Budget and Fiscal policy, with a future agenda item.

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 competitive solicitation for grant funding relative to electric charging infrastructure to support medium and heavy-duty on-road vehicles, off-road equipment, marine vessels, and locomotives. The funding is available for the installation of new or the expansion of public and non-publicly accessible electric chargers and infrastructure as well as the installation and operation of permanent electric infrastructure to support the adoption of zero-emission vehicles and

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CITY COUNCIL AGENDA ITEM NO. E.4
01/14/2025
equipment within the Bay Area, expedite air quality improvements and the transition to zero-emission in Priority Communities, and in service by early 2027.

Staff submitted an application for the installation of new non-publicly accessible electric vehicle charging infrastructure at the City’s Municipal Services Center for fleet vehicles.

BAAQMD approved the Project at its Board Meeting on December 4, 2024 and approved the award of incentive funding for this Project and authorized the Executive Officer to enter into an agreement with applicant for projects at its Board Meeting on December 11, 2024. The staff report for the December 11, 2024 Board Meeting is attached.

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 now tentatively include all infrastructure needed for fifty (50) charging stations and a solar carport.

Therefore, staff recommends the City Council authorize the City Manager or their designee to execute a grant agreement with BAAQMD and amend the Project budget.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

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CITY COUNCIL AGENDA ITEM NO. E.4
01/14/2025

ALTERNATIVE OPTION(S)

1. Do not authorize the City Manager or designee to execute a grant agreement and forego the grant funding from BAAQMD.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. CIP Budget Sheet

4. BAAQMD – December 11, 2024 Board Meeting Agenda Item

5. BAAQMD – Draft Grant Agreement

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

On May 28, 2024, by Resolution No. 2024-56, the City Council adopted the 2024/25 – 2028/29 Capital Improvement Program, which includes Fleet Electrification project, CIP Project No. 337-37265.

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RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD AUTHORIZING THE CITY MANAGER OR DESIGNEE

TO EXECUTE A GRANT AGREEMENT WITH BAY AREA AIR

QUALITY MANAGEMENT DISTRICT IN THE AMOUNT OF
$3,218,000 IN GRANT FUNDING FOR THE FLEET
ELECTRIFICATION PROJECT, CIP PROJECT NO. 337-37265;
AMEND THE 2024/25 – 2028/29 CAPITAL IMPROVEMENT
PROGRAM (“CIP”); AMEND THE 2024/25 OTHER GRANT FUND

OPERATING BUDGET FOR THE ASSOCIATED PROJECT FUNDING

TRANSFERS AND GRANT REVENUE IN THE AMOUNT OF
$3,218,000.

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 Fleet Electrification Project, CIP Project No. 337-37265 as part of the amended 2024/25 – 2028/29 Capital Improvement Program Budget; and
WHEREAS, in June 2024, BAAQMD began a competitive solicitation for electric charging infrastructure to support medium and heavy-duty on-road vehicles, off-road equipment, marine vessels, and locomotives; and
WHEREAS, the funding was available for the installation of new or the expansion of public and non-publicly accessible electric chargers and infrastructure as well as the installation and operation of permanent electric infrastructure to support the adoption of zero-emission vehicles and equipment within the Bay Area, expedite air quality improvements and the transition to zero-emission in Priority Communities, and in service by early 2027; and
WHEREAS, staff submitted an application for the installation of new nonpublicly accessible electric vehicle charging infrastructure at the City’s Municipal Services Center for fleet vehicles; and

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Page 2 of 2 ends

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.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby authorize the City Manager or designee to execute a grant agreement with Bay Area Air Quality Management District in the amount of $3,218,000 in grant funding for the Fleet Electrification Project, CIP Project No. 337- 37265; amend the 2024/25 – 2028/29 Capital Improvement Program (“CIP”) Fleet Electrification Project, CIP Project No. 337-37265; and amend the 2024/25 Other Grant Fund Operating Budget for the associated project funding transfer and grant revenue in the amount of $3,218,000.

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:

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44 City of Brentwood 2024/25 – 2028/29 Capital Improvement Program Project Title: Project #:

Fleet Electrification
Description/Justification:

In September 2020, the State of California, 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. Then 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, requiring public fleets to be converted to electric vehicles, make it necessary to design and install charging stations and other related infrastructure at City facilities for the charging of government-owned electric and plug in hybrid vehicles. This project will install improvements and infrastructure related to the utilities (electricity), charging stations, solar carport, and equipment required at the Corporation Yard.

Project Status:

This project is in the planning phase with design and construction phases anticipated in FY 2024/25.

Supplemental Information:

Order N-79-20 requires 50% of fleet vehicles purchased with a gross vehicular weight rating of >8,500 pounds beginning in 2024 to be zero emission vehicles (ZEV), with 100% of purchases being ZEV beginning in 2027. The City has roughly 100 vehicles that fit this definition. Roughly 8-10 of these vehicles are replaced annually. Completion of this electrical infrastructure necessary to support this project at other City sites will be necessary in future years, and will allow for the charging of vehicles being mandated for purchase as older gasoline and diesel vehicles are replaced over the coming years. The key component of this project is the planning for the extreme amount of required Kilowatt voltage that must be pulled into the city designated sites to support the large vehicle volume that will be utilizing the electric vehicle chargers. The City was recently awarded $3,218,000 in grant funding from the Bay Area Air Quality Management District for the installation of new or the expansion of publicly and non-publicly accessible electric chargers and infrastructure. There will be future annual O & M costs consisting of routine maintenance and minor repairs of the charging stations.

Project Category: Community Facilities Improvements
Location: Corporation Yard
Project Manager: S. Dempsey
Project Priority: 1B - Mandatory
Est. Completion Date: 2024/25
Future Annual
O & M Impact: $5,000
Public Art
Requirement: Exempt
General Plan Policy: CIR-2-5

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45 City of Brentwood 2024/25 – 2028/29 Capital Improvement Program PROJECT EXPENDITURES Prior 2024/25 2025/26 2026/27 2027/28 2028/29 TOTAL 90050 Construction 3,218,000 $ 3,218,000
TOTAL $ 3,218,000 $ 3,218,000
PROJECT FUNDING Prior 2024/25 2025/26 2026/27 2027/28 2028/29 TOTAL Other 3,218,000 $ 3,218,000
TOTAL $ 3,218,000 $ 3,218,000

PROJECT FINANCING CURRENT PROPOSED

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AGENDA: 12.

BAY AREA AIR QUALITY MANAGEMENT DISTRICT
Memorandum
To: Chairperson Davina Hurt, and Members
of the Board of Directors
From: Philip M. Fine
Executive Officer/APCO
Date: December 4, 2024
Re: Grant Awards for Projects Over $500,000 for Electric Charging Stations for Medium- and Heavy-Duty Vehicles and Equipment

RECOMMENDED ACTION
Recommend the Board of Directors:

1. Approve the award of incentive funding for projects that will install electric charging stations for medium- and heavy-duty vehicles and equipment as shown in Attachment 1; and

2. Authorize the Executive Officer/APCO to enter into all necessary agreements with applicants for the recommended projects.

BACKGROUND
The Bay Area Air Quality Management District (Air District) receives funding from a variety of sources to implement grant programs that are designed to reduce air pollution generated by mobile sources. The funding sources discussed in this report include the:
• Carl Moyer Program (CMP)
• Mobile Source Incentive Fund (MSIF)
• Community Air Protection (CAP) Incentives Program
• Funding Agricultural Replacement Measures for Emission Reductions (FARMER) Program
• Transportation Fund for Clean Air (TFCA)
These funding sources each have their own requirements and are utilized to implement voluntary incentive grant programs to expedite emissions reductions of criteria air pollutants and toxic air contaminants from mobile sources, especially in overburdened communities, and support the transition of fleets to zero-emission. For additional background information on these funding sources please see Attachment 2.

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2 The Air District generally receives new revenue from these sources annually. Attachment 3 shows a summary of the Air District’s active funding source revenue for Fiscal Year Ending (FYE) 2025, which includes funding from the CMP, MSIF, CAP, FARMER, and TFCA.

Funding from each cycle must be awarded and liquidated (paid out) within two to four years of the date of award/receipt, depending on the funding source. As new projects are recommended for award, staff work to obligate (encumber) the oldest source/cycle of funding for which a specific project is eligible. For this reason, a portion of the oldest funding shown in Attachment 3 may have been awarded to projects in the previous fiscal year, and some of the newer funding may remain unallocated during the current year and will be awarded in future years.

Project Selection
Applications for grant funding received by the Air District are reviewed and evaluated using the eligibility criteria requirements of the respective governing policies and guidelines established by each funding source, e.g., California Air Resource Board (CARB) or the Board of Directors (Board). For most mobile source replacement projects, the maximum amount that can be awarded to each piece of equipment is capped by several factors including approved costeffectiveness limits that consider equipment-specific factors, such as how much the equipment will be operated and amount of pollution emitted by the existing equipment that will be replaced.

On June 5, 2024, the Board approved the process and selection criteria for a competitive solicitation for funding electric charging infrastructure for medium- and heavy-duty vehicles and equipment that prioritizes funding for projects that meet all CARB requirements, are “shovel ready”, and reserved at least 80% of funds to benefit priority communities. Staff also discussed awarding up to $35 million (M) through this solicitation from a combination of Air District administered funding sources (CMP, MSIF, CAP Incentives, and TFCA revenues). The CARBapproved guidelines for infrastructure and certain other project types (e.g., voucher-based projects) do not have a methodology for estimating emissions reductions and therefore are exempt from cost-effectiveness limits, although these project types must still comply with all other program and project specific requirements. For infrastructure projects, award limits are typically capped at 50% of eligible costs. However, higher limits are allowed for projects with certain attributes, such having solar or wind power, proximity to sensitive receptors, such as schools and senior centers, and being located in, or benefiting, a priority community.

On April 6, 2022, the Board authorized the Air Pollution Control Office (APCO)/Executive Officer to approve projects with awards up to $500,000. For projects where the proposed awards is greater than $500,000, staff bring these recommended projects to the Board for consideration and at least quarterly, staff provides updates to the Policy, Grants, and Technology Committee and/or Board of Directors on the status of the CMP, TFCA, CAP, MSIF and FARMER incentive funding for the current fiscal year, including a list of all approved projects and allocated funds.

This report provides a discussion of grant funding available, and projects recommended during FYE 2025 which began on July 1, 2024.

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3 DISCUSSION
For FYE 2025, the Air District has approximately $130.3 M from new and prior year funds from the CMP, MSIF, CAP, FARMER, and TFCA programs available for award to eligible projects.

On June 10, 2024, staff opened a competitive solicitation for funding electric charging infrastructure for medium- and heavy-duty vehicles and equipment and the application deadline was August 1, 2024. Twenty-three applications were received by the deadline and projects were evaluated using the Board-approved criteria and CARB-approved guidelines. Of the projects evaluated, nineteen were determined to be eligible with nearly $50 M in proposed awards.

Staff is recommending approval of the award of up to $49,361,000 for all eligible projects listed in the rank list shown in Attachment 1, using the $35 M reserved and additional funds left over from previous fiscal years.
• 99% of the proposed awards are for projects that will reduce emissions in Priority Communities and 74% benefit Assembly Bill (AB) 617 communities of West Oakland, Richmond-San Pablo, East Oakland, and Bayview Hunters Point/Southeast San Francisco.
• The proposed 19 projects will install 229 Direct Current (DC) fast charging ports, 174 Level 2 charging ports, and one 1 wireless charging infrastructure.

Attachment 1 also shows details for each of the 19 recommended projects, including the name of the applicant, type of equipment served by the project (Project Category), a description of the proposed equipment, proposed cost and award amounts, the community and county served by the project, technical information about the amount of energy that can be delivered by the project, the amount of grant funding proposed for award divided by the total amount of kilowatts (kW) available for charging, and the use case. The use case indicates what type of vehicles or equipment the infrastructure will support such as medium-duty or heavy-duty fleets (e.g., vans, buses, or trucks), or if the charging stations will be publicly available for use for heavy-duty trucks and buses vehicles, i.e., “depot charging”.

Attachment 4 lists all eligible projects that have been either recommended or approved by the Air District between July 1, 2024, and October 30, 2024, including information about project equipment, award amounts, project locations, estimated emissions reductions, and whether the project will benefit air quality in priority communities. This table also shows funding allocated (reserved) for Air District Sponsored programs, including the Vehicle Buy-Back Program.

As of October 30, 2024, over $69.3 M has been awarded, allocated, or recommended, of which over $13.9 M was allocated to “regional” projects that benefit all communities or where the benefit has not yet been determined. Of the remaining $55.3 M, over 91% of these funds have been awarded or allocated to projects that reduce emissions in priority areas, including AB 617 communities, disadvantaged Senate Bill (SB) 535 communities and low-income AB 1550 communities.

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4 In addition to the infrastructure program that closed on August 1, 2024, Air District staff also opened a Heavy-duty Vehicle and Equipment Replacement Program in October 2024 that accepts applications on a first-come first-served basis and applications will be accepted through February 2025, unless funds are exhausted before this date.

BUDGET CONSIDERATION/FINANCIAL IMPACT
The Air District distributes CMP, MSIF, CAP Incentives, and TFCA funding to project sponsors on a reimbursement basis. The recommended projects listed on Attachment 1 will be awarded up to a total of $49,361,000 that will be paid for by one or more of these state and local incentive fund sources upon project completion, expected within the next one to three years. Funding for administrative costs to implement these programs, including evaluating, contracting, and monitoring projects for multiple years, is provided by each funding source.

Respectfully submitted,
Philip M. Fine
Executive Officer/APCO
Prepared by: Daniel Langmaid and Linda Hui
Reviewed by: Minda Berbeco, Alona Davis, and Karen Schkolnick ATTACHMENTS:

1. Project Rank List from the 2024 Competitive Infrastructure Solicitation

2. Background on Sources of Funding

3. Sources of Active Incentive Program Revenue (FYE 2025)

4. All projects - Awarded, Allocated, and Recommended (July 1, 2024 to October 30, 2024)

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Project # Applicant Name Project
Category Project Description Proposed Contract Award
Total Project
Cost County AB 617 Community
Benefit* Use Case**
Total Minimum
kW Output (all
ports combined)
Grant $/kW
26MOY23 On Lok Senior Health Services On-road
Infrastructure Install DC fast charging infrastructure with 10 ports $ 311,000 $ 622,672 Santa Clara None MDV Fleet Charging 600 $ 518.33 26MOY5 Recology Sonoma Marin On-road
Infrastructure Install level 2 charging infrastructure with 7 ports $ 57,000 $ 110,452 Sonoma DAC/LIC HDV Fleet Charging 80.50 $ 708.07 26MOY3 SHM Loch Lomond, LLC Marine
Infrastructure Install DC fast charging infrastructure with 6 ports $ 155,000 $ 309,654 Marin None Charging Depot 200 $ 775.00 26MOY9 San Francisco Bay Area Rapid
Transit District
On-road
Infrastructure Install DC fast charging infrastructure with 4 ports $ 202,000 $ 337,829 Alameda DAC/LIC HDV Fleet Charging 250 $ 808.00 26MOY61 RPEV Infrastructure Holdings, LLC On-road
Infrastructure
Install DC fast charging infrastructure with 16 ports and level 2 charging infrastructure with 30 ports $ 3,111,000 $ 5,147,800 Contra Costa Richmond-San Pablo Charging
Depot 3,776 $ 823.89
26MOY17 San Francisco-Marin Food Bank On-road
Infrastructure Install DC fast charging infrastructure with 12 ports $ 366,000 $ 610,499 San Francisco Bayview- Hunters Point HDV Fleet
Charging 420 $ 871.43
26MOY4 Eastern Contra Costa Tranist
Authority
On-road
Infrastructure Install DC fast charging infrastructure with 8 ports $ 519,000 $ 876,053 Contra Costa DAC/LIC Bus Fleet Charging 454 $ 1,143.17 26MOY14 Union Sanitary District On-road
Infrastructure Install level 2 charging infrastructure with 34 ports $ 308,000 $ 514,338 Alameda DAC/LIC HDV Fleet Charging 246.50 $ 1,249.49 26MOY24 Kilroy Realty, L.P. Marine
Infrastructure Install DC fast charging infrastructure with 8 ports $ 647,000 $ 1,078,338 San Mateo DAC/LIC Boat/Vessel Fleet
Charging
480 $ 1,347.92
26MOY2 Young & Foolish LLC On-road
Infrastructure
Install DC fast charging infrastructure with 2 ports and level 2 charging infrastructure with 15 ports $ 592,000 $ 697,478 Alameda DAC/LIC MDV Fleet Charging 431.90 $ 1,370.69 26MOY20 Prologis Mobility On-road
Infrastructure Install DC fast charging infrastructure with 64 ports $ 13,473,000 $ 16,842,135 Alameda East Oakland Charging Depot 9,600 $ 1,403.44 26MOY16 TEC of California, Inc On-road
Infrastructure
Install DC fast charging infrastructure with 2 ports and level 2 charging infrastructure with 6 ports $ 208,000 $ 347,300 Alameda West Oakland MDV Fleet Charging 117.60 $ 1,768.71 26MOY15 FM Adeline, LLC On-road
Infrastructure Install DC fast charging infrastructure with 30 ports $ 3,890,000 $ 7,919,162 Alameda West Oakland Charging Depot 2,000 $ 1,945.00 26SBP12 West County Transportation Agency School Bus
Infrastructure Install DC fast charging infrastructure with 5 ports $ 603,000 $ 603,434 Sonoma DAC/LIC Bus Fleet Charging 300 $ 2,010.00 26MOY10 Presidio Trust On-road
Infrastructure Install DC fast charging infrastructure with 6 ports $ 625,000 $ 1,254,820 SF LIC Bus Fleet Charging 300 $ 2,083.33 ATTACHMENT 1
Project Rank List from the 2024 Competitive Infrastructure Solicitation Projects are Listed in Order of Ranking
(Funding Sources: Carl Moyer Program, Transportation Fund for Clean Air, Mobile Source Incentive Fund, and Community Air Protection Program) Attachment 1 | Page 1

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California Climate Investments Priority Populations 2024 and CalEnviroScreen 4.

Attachment 1 | Page 2

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Attachment 2
Background on Sources of Incentive Funding for Mobile Sources Carl Moyer Memorial Air Quality Standards Attainment Program (CMP) and Mobile Source Incentive Fund
The Bay Area Air Quality Management District (Air District) has participated in the CMP in cooperation with the California Air Resources Board (CARB), since the program began in fiscal year 1998-1999. The CMP provides grants to public and private entities to reduce emissions of nitrogen oxides (NOx), reactive organic gases (ROG), and particulate matter (PM) from existing heavy-duty engines by either replacing or retrofitting them. Projects eligible under the CMP guidelines include heavy-duty diesel engine applications such as on-road trucks and buses, off-road construction, agricultural equipment, marine vessels, locomotives, stationary agricultural pump engines, and refueling or recharging infrastructure that supports the deployment of new zero-emission vehicles and equipment. Per Assembly Bill (AB) 1390, at least 50% of these funds must be awarded to projects that benefit communities with the most significant exposure to air contaminants or localized air contaminants.

AB 923 (Firebaugh), enacted in 2004 (codified as Health and Safety Code Section 44225), authorized local air districts to increase motor-vehicle-registration surcharges by up to $2 additional per vehicle and use the revenue to fund projects eligible under the CMP guidelines. AB 923 revenue is deposited in the Air District’s Mobile Source Incentive Fund (MSIF).

Community Air Protection (CAP) Incentives Program
In 2017, AB 617 directed CARB, in conjunction with local air districts to establish a new community-focused action framework to improve air quality and reduce exposure to criteria air pollutants and toxic air contaminants in communities most impacted by air pollution. The AB 617 initiative calls for the development of community-identified strategies to address air quality issues in impacted communities, including communitylevel monitoring, uniform emission reporting across the state, stronger regulation of pollution sources, and incentives for reducing air pollution and public health impacts from mobile and stationary sources.

Beginning in fiscal year ending (FYE) 2018, the California Legislature approved funding from the State’s Greenhouse Gas Reduction Fund (GGRF), which is used to reduce criteria pollutants, toxic air contaminants, and greenhouse gases for the CAP Incentives program. CAP Incentives funds may be used to fund projects eligible under the CMP and on-road truck replacements under the Proposition 1B Goods Movement Emission Reduction Program. Following additional approvals from CARB, CAP Incentive funds may also potentially be used to fund other types of projects that have been identified and prioritized by communities with an approved Community Emissions Reduction Program, pursuant to the Health and Safety Code (HSC) Section 44391.2. At least 80% of CAP Incentives funds must be allocated to projects that benefit disadvantaged communities (SB 535), and low-income communities (AB 1550).

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Funding Agricultural Replacement Measures for Emission Reductions (FARMER) In February 2018, CARB developed the FARMER Program Guidelines that outline requirements for eligible agricultural equipment replacement projects evaluated under the CMP guidelines, including harvesting equipment, pump engines, tractors, and other equipment used in agricultural operations. Subsequent updates to the FARMER guidelines expanded eligible projects to include zero-emission demonstration projects and added flexibility for funding zero-emission equipment. Under the California State Budget, funds have been appropriated to CARB for each new cycle of the FARMER program for the continued reduction of criteria, toxic, and greenhouse gas emissions from the agricultural sector.

Transportation Fund for Clean Air (TFCA)
In 1991, the California State Legislature authorized the Air District to impose a $4 surcharge on motor vehicles registered within the nine-county Bay Area to fund projects that reduce on-road motor vehicle emissions within the Air District’s jurisdiction. The statutory authority and requirements for the TFCA are set forth in HSC Sections 44241 and 44242. Sixty percent of TFCA monies are awarded by the Air District to eligible projects and programs implemented directly by the Air District (e.g., Spare the Air program) and to a program referred to as the Regional Fund. The legislation also requires the remaining forty percent to be allocated by formula to the nine designated Bay Area transportation agencies, who in turn award these monies to eligible projects within their county. Each year, the Air District’s Board of Directors (Board) allocates funding and adopts policies and evaluation criteria that govern the expenditure of TFCA monies. On April 5, 2023, the Board authorized funding allocations of the sixty-percent portion of the TFCA revenue for use in FYE 2024, and cost-effectiveness limits for Air Districtsponsored programs that will be implemented during FYE 2024. On May 17, 2023, the Board adopted policies and evaluation criteria that will govern use of the 60% portion during FYE 2024. This report discusses only the 60% Funds, which is the portion that is awarded directly by the Air District.

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Page 1 ends

Attachment 3
Sources of Active Incentive Program Revenue (FYE 2025)
1 Funding Source Cycle2
$ for Projects and
Programs
(in Millions)
Award Date Source
CMP Year 24 $ 26.7* 3/16/2022 CARB
CMP Year 24 State Reserve $ 4.5 6/3/2022 CARB
CMP Year 25 $ 13.6 2/22/2023 CARB
CMP Year 25 State Reserve $ 2.8 5/19/2023 CARB
CMP Year 26 $ 13.4 11/21/2023 CARB
CMP Year 26 State Reserve $ 0.8 4/30/2024 CARB
CAP Incentives Year 6 $ 32.7* 12/27/2022 CARB
CAP Incentives Year 7 $ 31.9 11/20/2023 CARB
FARMER Year 5 $ 2.4* 12/14/2022 CARB
FARMER Year 6 $ 1.2 11/13/2023 CARB
TFCA 60% Funds FYE 2025 $ 32.0** Accrues monthly $4 DMV fees Mobile Source Incentive Fund FYE 2025 $ 10 Accrues monthly $2 DMV fees Total Incentive Revenues $172
1 This is not a complete listing of all sources of incentive funds managed by the Air District but covers the sources that are discussed in this report.
2 Includes Carl Moyer Program (CMP), Community Air Protection (CAP) Incentives, Funding Agricultural Replacement Measures for Emissions Reduction (FARMER), and Transportation Fund for Clean Air (TFCA). * This active revenue source was partially obligated to projects in previous fiscal years and only a portion of the amount shown is available for award to projects in FYE 2025. ** Amount includes $11.65 million in new TFCA funds that will accrue over the fiscal year and $20.35 million in carryover funds from previous fiscal years.

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Project # Applicant Name Project Category Project Description Proposed Contract Award
Number of
Engines NOx ROG PM
County Board/APCO
Approval Date
Benefits Priority
Area(s)
Projected Funding
SourceƗ
25R01 BAAQMD Trip Reduction Enhanced Mobile Source & Commuter Benefits Enforcement $ 150,000 N/A TBD1 TBD1TBD1 Regional 6/5/20242 N/A 1
25R02 BAAQMD Light Duty (LD) Vehicles Vehicle Buy Back Program $ 11,300,000 N/A TBD1 TBD1TBD1 Regional 6/5/20242 N/A 1
25R03 BAAQMD Trip Reduction Spare The Air/ Intermittent Control/ Flex Your Commute Programs $ 2,500,000 N/A TBD1 TBD1TBD1 Regional 6/5/20242 N/A 1
250 Dennis Maas Ag/ off-road Replace Tier 0 tractor/crawler with Tier 4 tractor/crawler $ 177,700 1 0.303 0.029 0.015 Sonoma 7/3/24 No 2 25MOY63 UC Farms, Inc. Ag/ off-road Replace three Tier-0 agricultural tractors with Tier-4 diesel powered agricultural tractors $ 285,000 3 1.839 0.215 0.125 Santa Clara 7/22/24 Yes 2 25MOY97 Twins Cherries Ag/ off-road Replace one Tier-0 agricultural tractor with a Tier-4 diesel powered agricultural tractor $ 26,900 1 0.049 0.007 0.004 Contra Costa 7/22/24 Yes 2 25MOY90 Trefethen Farming LLC Ag/ off-road Replace one Tier-0 agricultural tractor with a Tier-4 diesel powered agricultural tractor $ 74,000 1 0.266 0.035 0.024 Napa 7/22/24 No 2 25MOY68 Groth Vineyards and Winery LLC Ag/ off-road Replace one Tier-0 agricultural tractor/loader with a Tier-4 diesel powered agricultural tractor/loader $ 39,900 1 0.020 0.020 0.005 Napa 7/22/24 No 2 25MOY80 Gill Ag Investments Ag/ off-road Replace one Tier-0 agricultural tractor with a Tier-4 diesel powered agricultural tractor $ 109,500 1 0.333 0.043 0.025 Solano 7/24/24 No 2 25MOY84 Neve Bros Inc Ag/ off-road Replace one Tier-1 agricultural tractor with a Tier-4 diesel powered agricultural tractor $ 36,900 1 0.036 0.009 0.006 Sonoma 7/26/24 No 2 25MOY50 Bob Balestra Ag/ off-road
Replace one Tier-0 agricultural tractor with a Tier-4 diesel powered agricultural tractor and one Tier-0 agricultural Tractor w/ fork attachment with a Tier-4 diesel powered agricultural rough terrain forklift. $ 129,600 1 0.107 0.039 0.015 Solano 7/26/24 No 2
25MOY60 Cortina Vineyard Management Ag/ off-road
Replace one Tier-2 agricultural tractor with a Tier-4 diesel powered agricultural tractor and two Tier-1 agricultural tractor/crawlers with a Tier4 diesel powered agricultural tractor/crawlers $ 209,100 3 0.178 0.034 0.029 Napa 7/26/24 No 2 25MOY44 Robert Bianchi Ag/ off-road Replace one Tier-0 agricultural excavator with a Tier-4 diesel powered agricultural excavator $ 80,500 1 0.045 0.038 0.010 Santa Clara 7/29/24 No 2 25MOY132 De La Montanya Vineyards Ag/ off-road Replace one Tier-1 diesel agricultural tractor with a Tier-4 diesel powered agricultural tractor $ 24,200 1 0.015 0.010 0.003 Sonoma 7/29/24 No 2 25MOY145 Capp Family Vineyards, Inc Ag/ off-road Replace one Tier-0 agricultural backhoe with a Tier-4 diesel powered agricultural excavator $ 67,400 1 0.097 0.014 0.010 Napa 7/29/24 No 2 25MOY69 Atlas Vineyard Management, LLC Ag/ off-road
Replace two Tier-2 diesel agricultural tractors with Tier-4 diesel powered agricultural tractor/crawlers, Tier-1 diesel agricultural tractor with a Tier-4 diesel powered agricultural tractor, and Tier-2 diesel agricultural tractor with a Tier-4 diesel powered agricultural tractor
$ 308,600 4 0.721 0.070 0.062 Napa 8/1/24 No 2
25MOY103 Capp Family Vineyards, Inc Ag/ off-road Replace one Tier-1 diesel agricultural tractor with a Tier-4 diesel powered agricultural tractor $ 59,500 1 0.070 0.018 0.015 Solano 8/6/24 No 2 Emission Reductions
(tons per year)
ATTACHMENT 4
All Projects
Awarded, Allocated and Recommended between 7/1/24 and 10/30/24 Funding Sources: Carl Moyer Program, Transportation Fund for Clean Air, Mobile Source Incentive Fund, FARMER, and Community Air Protection Incentives (Data in this table are updated quarterly. Funds awarded or allocated after the date range above will be reflected in the next quarterly update.) Attachment 4 | Page 1

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Project # Applicant Name Project Category Project Description Proposed Contract Award
Number of
Engines NOx ROG PM
County Board/APCO
Approval Date
Benefits Priority
Area(s)
Projected Funding
SourceƗ
Emission Reductions
(tons per year)
ATTACHMENT 4
All Projects
Awarded, Allocated and Recommended between 7/1/24 and 10/30/24 Funding Sources: Carl Moyer Program, Transportation Fund for Clean Air, Mobile Source Incentive Fund, FARMER, and Community Air Protection Incentives (Data in this table are updated quarterly. Funds awarded or allocated after the date range above will be reflected in the next quarterly update.) 25MOY139 Oakville Ranch Vineyards LP Ag/ off-road Replace one Tier-2 diesel agricultural tractor/crawler with a Tier-4 diesel powered agricultural tractor/crawler $ 69,600 1 0.103 0.006 0.006 Napa 8/9/24 No 2 25MOY59 Venu Gopala Naga Varma, Penumatsa Ag/ off-road Replace one Tier-0 agricultural loader with a Tier-4 diesel powered agricultural loader $ 42,200 1 0.021 0.021 0.005 Contra Costa 8/9/24 Yes 2 25MOY43 The Trust for Hidden Villa Ag/ off-road
Replace one Tier-2 agricultural tractor/loader with a Tier-4 diesel powered agricultural tractir/loader and Tier-0 agricultural tractor/loader with a Tier4 diesel powered agricultural tractir/loader $ 39,500 2 0.031 0.010 0.004 Santa Clara 8/9/24 No 2 25MOY116 Foley Family Farms, LLC Ag/ off-road Replace three Tier-0 agricultural tractors with Tier-4 diesel powered agricultural tractors $ 179,700 3 0.400 0.065 0.042 Sonoma 8/12/24 No 2 25MOY128 Peduncle Wine Company Ag/ off-road Replace one Tier-2 diesel agricultural tractor with a Tier-4 diesel powered agricultural tractor $ 72,200 1 0.130 0.008 0.008 Sonoma 8/12/24 No 2 25MOY96 Ilsley Brothers Farming, LLC Ag/ off-road Replace one Tier-0 agricultural forklift with a Tier-4 diesel powered agricultural forklift $ 73,100 1 0.091 0.014 0.010 Napa 8/16/24 No 2 25MOY58 Levin Richmond Terminal Corporation Port Cargo Handling Equipment
Replace one Tier-4I off-road diesel loader with an electric loader and replace one Tier-2 off-road diesel sweeper with an electric sweeper, plus charging infrastructure.
$ 696,600 2 0.484 0.042 0.024 Contra Costa 11/6/24 Yes 2 25MOY46 Jaswant S. Bains Ag/ off-road
Replace one Tier-0 agricultural backhoe with a Tier-4 diesel powered agricultural backhoe, one Tier-0 agricultural forklift with a Tier-4 diesel powered agricultural forklift, and one Tier-0 agricultural tractor with a Tier-4 diesel powered agricultural tractor
$ 252,700 3 0.279 0.058 0.029 Solano 7/23/24 No 2
25MOY102 Four Seasons Vineyard Management Ag/ off-road
Replace one Tier-0 agrilcutural rough terrain forklift with a Tier-4 diesel powered agricultural rough terrain forklift, one Tier-0 agrilcutural skid steer loader with a Tier4 diesel powered agricultural skid steer loader, and one Tier-1 agrilcutural telehandler with a Tier-4 diesel powered agricultural telehandler $ 226,500 3 0.253 0.034 0.023 Sonoma 8/22/24 No 2
25MOY47 Corona Vineyard Management LLC Ag/ off-road
Replace one Tier-1 diesel agricultural tractor with a Tier-4 diesel powered agricultural tractor, one Tier-1 diesel agricultural tractor/crawler with a Tier-4 diesel powered agricultural tractor, and one Tier-1 diesel agricultural tractor with a Tier-4 diesel powered agricultural tractor, one Tier-0 diesel agricultural tractor/crawler with a Tier-4 diesel powered agricultural tractor/crawler $ 176,900 3 0.321 0.083 0.046 Napa 8/23/24 No 2
25MOY54 T and M Agricultural Services LLC Ag/ off-road
Replace seven Tier-0 diesel agricultural tractors with Tier-4 diesel powered agricultural tractors and Replace one Tier-0 diesel agricultural forklift with a Tier-4 diesel powered agricultural forklift
$ 291,500 8 0.233 0.232 0.060 Napa 8/23/24 No 2
25MOY148 VineCru Farming Company Inc. Ag/ off-road
Replace one Tier-2 diesel agricultural compact tracked loader with a Tier-4 diesel powered agricultural compact tracked loader, one Tier-2 diesel agricultural tractor/loader with a Tier-4 diesel powered agricultural tractor/loader, one Tier-2 diesel agricultural tractor/crawler with a Tier-4 diesel powered agricultural tractor/crawler, one Tier-2 diesel agricultural tractor/crawler with a Tier-4 diesel powered agricultural tractor/crawler, one Tier-1 diesel agricultural tractor with a Tier-4 diesel powered agricultural tractor, and one Tier-1 diesel agricultural tractor with $ 395,800 6 0.563 0.093 0.079 Sonoma 8/26/24 No 2
25MOY100 Emanuel Correia Ag/ off-road Replace one Tier-0 agricultural tractor with a Tier-4 diesel powered agricultural tractor/loader $ 35,800 1 0.062 0.011 0.008 Sonoma 8/30/24 No 2 25MOY87 Eric Thomas Ag/ off-road
Replace one Tier-0 agricultural tractor/loader with a Tier-4 diesel powered agricultural tractor/loader and one Tier-2 agricultural skid steer loader with a Tier-4 diesel powered agricultural skid steer loader
$ 116,700 2 0.134 0.040 0.015 Contra Costa 8/30/24 No 2 25MOY77 Seavey Vineyard Limited Partnership Ag/ off-road Replace one Tier-1 agricultural tractor/crawler and one Tier-0 agricultural tractor/crawler with a Tier-4 diesel powered agricultural tractor/crawler, replace one Tier-0 agricultural tractor with a Tier-4 diesel powered agricultural tractor, and replace one Tier-1 agricultural tractor with a Tier-4 diesel powered agricultural tractor
$ 152,100 4 0.140 0.027 0.019 Napa 9/5/24 No 2
25MOY83 Andrews Vineyards, LLC Ag/ off-road Replace one Tier-0 agricultural tractor with a Tier-4 diesel powered agricultural tractor $ 70,650 1 0.183 0.029 0.017 Solano 5/20/24 No 2 25MOY72 Clark Vineyard Management Inc. Ag/ off-road
Replace one Tier-1 agricultural tractor with a Tier-4 diesel powered agricultural tractor and two Tier-3 agricultural tractor/crawlers with a Tier4 diesel powered agricultural tractor/crawler $ 228,700 3 0.350 0.058 0.030 Napa 9/10/24 No 2 Attachment 4 | Page 2

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However, the actual funding source used to pay out a project may be different from the Projected Funding Source due to a variety of factors such as delays in project implementation or other funding sources becoming available. 1 Funds have been allocated to these programs and projects and results will be determined at the end of project period 2 Date when BOD approved the program budget for FYE 2025 Note: Projects that were previously awarded, but then withdrawn by the grantee, are not shown.

Attachment 4 | Page 4

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BAAQMD Carl Moyer Program Grant Agreement
26MOY8 Form GA2-2024P Page 1 of 16

CARL MOYER PROGRAM GRANT AGREEMENT

BETWEEN

THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT
AND

CITY OF BRENTWOOD
26MOY8
This Carl Moyer Program grant agreement (“Agreement”) is made and entered into between City of Brentwood, hereinafter referred to as “Grantee,” and the Bay Area Air Quality Management District, hereinafter referred to as the “Grantor” or “Air District,” hereinafter collectively referred to as the “Parties.”

RECITALS
1) The Carl Moyer Memorial Air Quality Standards Attainment Program, California Health and Safety Code section 44275 et seq. (“Program”), is an incentive program to provide grants in order to reduce emissions of oxides of nitrogen, particulate matter (PM10), and reactive organic compounds in the State from sources of air pollution, such as heavy-duty and light-duty diesel vehicles, off-road construction equipment, marine vessels, and agricultural sources of pollution, by measures such as replacement of engines with cleaner-than-required engines or installation of emission reduction equipment. 2) The California Air Resources Board (“CARB”), which oversees and administers the Program, has adopted guidelines and criteria for the Program’s implementation entitled The Carl Moyer Program Guidelines, Approved Revision 2017 and subsequent CARB advisories issued for Program implementation (together the “CARB Program Guidelines”). The Air District implements the Program in the San Francisco Bay Area air basin in accordance with the CARB Program Guidelines and the criteria and guidelines of the Air District.
3) Based on the information provided in the Grantee’s project application, the Air District determined that the Grantee proposed a project (“Project”, the details of which are presented in Attachment A) to replace or install equipment that is eligible for Program funding and meets the CARB Program Guidelines and the Air District’s criteria and guidelines, including cost-effectiveness requirements. In entering into this Agreement, the Air District has relied upon the representations in Grantee's project application. 4) This Agreement is made pursuant to and in accordance with the requirements of the Program, established by the California State Legislature and implemented by CARB. All equipment funded under the terms of this Agreement (“Project Equipment”) must meet the applicable requirements set forth in the CARB Program Guidelines.
5) On December 4, 2024, the Board of Directors of the Air District approved the Air District’s recommendation to enter into an Agreement with Grantee to implement the Project provided Grantee meets all of the CARB Program Guidelines.

SECTION I
GRANTEE AGREES:
1) To complete and implement the Project in accordance with the terms and conditions of this Agreement and all attachments hereto and the CARB Program Guidelines, which are incorporated herein by reference. Failure to comply with the terms and conditions of this Agreement, including requirements in attachments hereto and in the CARB Program Guidelines, will be deemed a breach of this Agreement, and upon any such breach the Air District may pursue any remedies available under law, including requiring repayment of any funds awarded under this Agreement and/or terminating this Agreement pursuant to the termination provisions herein. A breach of this Agreement, significant Project delays and/or failure to complete the Project may also disqualify Grantee from participating in future Air District incentive programs, at the discretion of the Air District.

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BAAQMD Carl Moyer Program Grant Agreement
26MOY8 Form GA2-2024P Page 2 of 16
2) To purchase, operate, monitor the operation of, and maintain each piece of Project Equipment according to the manufacturer’s specifications throughout each respective Project Equipment Operational Period, as defined in Attachment A. No tampering or modification of the Project Equipment is allowed.

The Air District or its designee may perform a pre-installation inspection and will perform a post-project inspection of the Project Equipment funded under the terms of this Agreement to verify that the Project has been implemented according to the terms of this Agreement. Grantee will facilitate the Air District inspection(s) and make the new Project Equipment available for pre-installation inspection(s) of engines, tanks, or similar funded components whose tags or labels will not be visible after installation, and for post-project inspection, which may include verifying that the Project Equipment is fully operational, to document that Project Equipment complies with Program requirements. Grantee must contact the Air District to arrange post-project inspection and should provide at least two business days advanced notice for scheduling.
3) The Air District or its designee will perform a preliminary inspection of the installation site prior to implementation of the Project. Grantee agrees to facilitate and cooperate with the Air District inspections.
4) To comply with the invoicing and reporting conditions identified in Attachment A. Any Project cost overruns are the sole responsibility of the Grantee.
5) To allow the staff and third-party representatives of the Air District and CARB to inspect the Project Equipment and to conduct financial and performance audits of the Project. Grantee agrees that the Air District, CARB, CA Department of General Services, CA Department of Finance, CA Bureau of State Audits, and/or their designated representative will have the right to review and to copy any records and supporting documentation pertaining to the performance of this Project. Grantee further agrees to cooperate fully with such inspections and audits, including providing on a timely basis, copies of any Project records related to performance of this Agreement requested by the Air District or CARB. 6) To acknowledge the Air District and the Carl Moyer Program, or other applicable state funding source, as funding sources for the Project in any related media events, articles, news releases, or other publicity materials. Grantee must obtain prior written approval by the Air District in order to disseminate any report or other document describing the Program, the Project, or this Agreement. 7) To complete and operate the Project in compliance with all applicable federal, State, and local laws, rules, guidelines, and regulations, and requirements.
8) To not assign, sell, transfer, license, or otherwise transfer any rights or obligations under this Agreement without the prior written consent of the Air District.

If the Grantee wishes to assign, transfer, or sell the Project Equipment to another entity before its contractual requirements have been satisfied, the new entity must agree to assume all of the outstanding requirements of this Agreement through a novation agreement executed by the Grantee, new entity, and the Air District. Grantee will remain responsible for complying with all outstanding requirements of this Agreement unless and until a novation agreement that includes all outstanding requirements of this Agreement is fully executed.

Grantee will notify the Air District in writing of any change in registration or operational status of any Project Equipment funded and installed under this Agreement within ten (10) business days of its occurrence. For purposes of this Agreement, a “change in operational status” occurs whenever any Project Equipment is removed from active service, relocated outside the boundaries of the Air District, relocated outside of a Priority Area, wrecked, scrapped, sold, assigned, or transferred to another entity, before full completion of the Project Equipment Operational Period. 9) To neither seek nor accept other private or public financial incentives for the Project without prior written approval from the Air District.
10) To obtain and maintain the insurance coverage specified in “Insurance Requirements,” Attachment B, and to comply with all insurance requirements set forth therein. 11) To use the Air District’s approved logo on any printed material intended for public consumption associated with the Project and on any signs posted at the site of any construction associated with the

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BAAQMD Carl Moyer Program Grant Agreement
26MOY8 Form GA2-2024P Page 3 of 16
Project. The logo provided by the Air District must be displayed on the Project Equipment identified in Attachment A, Paragraph 5.
12) To maintain and retain the Project records for at least three years after Agreement Term ends. 13) To comply with all “Special Conditions,” set forth in Attachment A. 14) To comply with the following nondiscrimination and compliance provisions: During the performance of this Agreement, the Grantee and its contractors will not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability (including HIV and AIDS), mental disability, sexual orientation, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (over 40), sexual orientation, or veteran or military status, or allow denial of family-care leave, medical-care leave, or pregnancy-disability leave. The Grantee and its contractors will ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. The Grantee and its contractors will comply with the provisions of the Fair Employment and Housing Act (Gov. Code section 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, title 2, section 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4.1 of title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. The Grantee and its contractors will give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. Grantee will include the nondiscrimination and compliance provisions of this clause in all agreements with contractors to perform work funded by this Agreement.
15) To be bound by and meet the requirements of all applicable provisions of State Labor Code Section 1720-1861 regarding prevailing wages paid to workers employed on public works and labor compliance and to provide confirmation of compliance if requested. 16) To accept tax liability associated with accepting grant funds. 17) To ensure that work products submitted to CARB, uploaded, or otherwise provided to CARB by the Grantee and/or its subcontractors under this Agreement comply with Web Content Accessibility Guidelines 2.0, levels A and AA, and otherwise meet the accessibility requirements set forth in California Government Code Sections 7405 and 11135, Section 202 of the federal Americans with Disabilities Act (42 U.S.C. § 12132), and Section 508 of the federal Rehabilitation Act (29 U.S.C. § 794d) and the regulations promulgated thereunder (36 C.F.R. Parts 1193 and 1194). For any work product provided to CARB in PDF format, the Grantee must also provide an electronic version in the original electronic format (for example, Microsoft Word or Adobe InDesign). 18) That this Agreement is binding on and will inure to the benefit of Grantee’s heirs, executors, administrators, and successors in interest.
19) To require that all subcontractors comply with the terms of this Agreement.

SECTION II
AIR DISTRICT AGREES:
1) To reimburse Grantee in an amount not to exceed the “Total Grant Funds Available,” set forth at Attachment A, paragraph 4.

Total Grant Funds Available is the maximum amount of funding available. In no event will the grant funds paid under this Agreement exceed the Total Grant Funds Available.

The final amount of funds reimbursed to Grantee (the “Funds Awarded”) may be less than the Total Grant Funds Available. The final Funds Awarded will be less than the Total Grant Funds Available if (1) the invoiced Eligible Costs incurred are less than the Estimated Eligible Costs in Attachment A; (2)

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BAAQMD Carl Moyer Program Grant Agreement
26MOY8 Form GA2-2024P Page 4 of 16
Grantee has received funding from an Air District approved co-funding incentive source; and/or (3) there are no longer funds available.
2) To verify that Grantee has completed the Project prior to reimbursing the Grantee. Verification by Air District will include physical inspection of any Project Equipment specified in Attachment A and confirmation that the Project Equipment is operational and in service. 3) To endeavor to reimburse Grantee the final Funds Awarded within thirty (30) calendar days of receipt of an approvable invoice submitted in accordance with Attachment A, and after the Air District has verified Project completion.
4) To provide reasonable notice to Grantee prior to Air District, CARB or third-party inspection or audit of the Project. What constitutes “reasonable notice” may be based in part upon any prior notice from CARB received by the Air District of such audit or inspection.

SECTION III
AIR DISTRICT AND GRANTEE AGREE:
1) Agreement Term: The term of this Agreement (“Agreement Term”) begins on the Effective Date and will remain in effect until the conclusion of all Project Equipment Operational Periods and submission of all required reports, as set forth in Attachment A.
2) Termination:
a) Either Party may terminate this Agreement at will and without specifying any reason at any time prior to the Air District’s transfer of Funds Awarded by notifying the other Party in writing. The notice of termination must specify the effective date of termination, which will be no less than thirty (30) calendar days from the date of delivery of such notice. b) The Air District may terminate this Agreement for breach of the Agreement by Grantee by giving Grantee a minimum of ten (10) business days written notice of such breach and the opportunity to cure the breach within that period of time. The notice will specify the amount of Funds Awarded to be reimbursed to the Air District, if any, which Grantee will reimburse within thirty (30) days of the effective date of termination. The Air District will calculate the reimbursement based on the repayment formula set forth in Paragraph 15 of Attachment A. c) The Air District will not pay any Funds Awarded in the event that this Agreement is terminated, and no funds have been expended by Grantee. If the Project has been completed and the Air District has paid the Funds Awarded to Grantee, Grantee may not terminate this Agreement pursuant to subparagraph 2(a), unless it reimburses the Air District the amount of Funds Awarded due based on the repayment formula set forth in Paragraph 15 of Attachment A. 3) Additional Acts and Documents: Each Party agrees to do all such things and take all such actions, and to make, execute, and deliver such other documents and instruments that are reasonably required to carry out the provisions, intent, and purpose of this Agreement. All attachments to this Agreement are expressly incorporated herein by this reference and made a part hereof as though fully set forth. 4) Indemnification: Grantee agrees to indemnify and hold harmless CARB, the Air District, its officers, employees, agents, representatives, and successors-in-interest from and against any and all liability, loss, expense, including reasonable attorneys' fees, or claims for injury or damages arising out of the performance of the duties and obligations under this Agreement by Grantee or its officers, agents, employees, representatives, subcontractors and successors in interest, and arising out of the installation or operation of the Project Equipment that is the subject of this Agreement by the Grantee or its officers, agents, employees, representatives, subcontractors, and successors in interest. 5) Notices: All notices that are required under this Agreement will be provided in the manner set forth herein, unless specified otherwise. Notice to a party will be delivered to the attention of the person at the address listed below, or to such other person or persons as may hereafter be designated by that party in writing. Notice will be in writing sent by e-mail OR delivered in person. Notices will be deemed to have

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been received on the date of such transmission, provided such date was a business day and delivered prior to 4:00 p.m. PST/PDT. Otherwise, receipt of notices will be deemed to have occurred on the following business day.

AIR DISTRICT Bay Area Air Quality Management District
375 Beale Street, Suite 600
San Francisco, CA 94105
Attn: Director of Strategic Incentives
Project #: 26MOY8
[email protected]
GRANTEE City of Brentwood
150 City Park Way
Brentwood, CA 94513-1978
Attn: Vatsal Patel, Engineering Manager
Project #: 26MOY8
[email protected]
6) Contacts: The Contact for the Grantee is the person named in the Project application, which also lists the Contact’s address, telephone number, and email address. The Contact is the liaison to the Air District pertaining to implementation of this Agreement and is the contact for information about the Project. The Grantee agrees to notify the Air District of a change of the Contact’s name or contact information in writing no later than ten (10) business days from the date of any change. 7) Project Number: All correspondence must reference this Agreement number, which is the same as the Project Number or Project Application Number.
8) Integration of Agreement: This Agreement represents the final, complete, and exclusive statement of the agreement between the Grantee and the Air District and supersedes all prior and contemporaneous understandings and agreements of the Parties. No Party has been induced to enter into this Agreement nor is any Party relying upon any representation or warranty outside those expressly set forth herein. 9) Amendment: This Agreement may not be modified except in writing, signed by both Parties hereto, and any attempt to modify this Agreement orally will be void and of no effect. Any change in Project scope requires an amendment under this Agreement.
10) Independent Contractor: Grantee is an independent contractor. None of Grantee's officers, employees, agents, contractors, subcontractors, or vendors are, nor will they be considered, officers, employees, or agents of the Air District or CARB.
11) Assignment: Grantee may not assign, sell, transfer, license, or otherwise transfer any rights or obligations under this Agreement without the prior written consent of the Air District. 12) Waiver: No waiver of a breach, of failure of any condition, or of any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, regardless of similarity, nor will any waiver constitute a continuing waiver unless the writing so specifies. Further, the failure of a party to enforce performance by the other party of any term, covenant, or condition of this Agreement and the failure of a party to exercise any rights or remedies hereunder will not be deemed a waiver or relinquishment by that party to enforce future performance of any such terms, covenants or conditions, or to exercise any future rights or remedies.
13) Severability: If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid, in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions thereof will not be affected. 14) Effective Date: The effective date of this Agreement is the date the Air District’s Executive Officer/Air Pollution Control Officer, or their designee, executes this Agreement.

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15) Availability of Funds: The Air District’s obligations under this Agreement are contingent upon the availability of funds. In the event such funds are not available, the Air District will have no liability to pay any funds to Grantee or to furnish any other consideration under this Agreement. 16) Force Majeure: Neither CARB, the Air District, nor Grantee will be liable for or deemed to be in default for any delay or failure in performance under this Agreement or interruption of services resulting, directly or indirectly, from acts of God, enemy or hostile governmental action, civil commotion, strikes, lockouts, labor disputes, fire or other casualty, judicial orders, governmental controls, regulations or restrictions, or inability to obtain labor or materials or reasonable substitutes for labor or materials necessary for performance of the services, or other causes, except financial, that are beyond the reasonable control of CARB, the Air District or Grantee, for a period of time equal to the period of such force majeure event, provided that the party failing to perform notifies the other party within ten (10) business days of discovery of the force majeure event, and provided further that that party takes all reasonable action to mitigate the damages resulting from the failure to perform. Notwithstanding the above, if the cause of the force majeure event is due to party’s own action or inaction, then such cause will not excuse that party from performance under this Agreement. Notwithstanding the above, fire or casualty loss to Project Equipment will not excuse Grantee’s obligation to perform under this Agreement.

Grantee will be responsible to repair or replace Project Equipment or to reimburse the Air District in accordance with Attachment A, Paragraph 15.
17) Governing Law: Any dispute that arises under or relates to this Agreement will be governed by law, including Health & Safety Code section 44280 et seq., its accompanying regulations, and the CARB Program Guidelines, excluding any laws that direct the application of another jurisdiction’s laws. Venue for resolution of any dispute that arises under or relates to this Agreement is San Francisco, California.

Any rights or remedies of the Air District provided for in this Agreement are in addition to any other rights and remedies provided by law.
18) Emissions Testing: The Air District may conduct emissions testing, at its expense, on any Project Equipment that is purchased or modified as part of the Project, including a vehicle or vessel. Testing for a piece of Project Equipment will be limited to no more than once per calendar year during the Project Equipment Operational Period. Testing will be conducted according to a schedule agreed upon by both Parties.
19) Emission Reductions: The Air District retains the exclusive right to claim any emission reduction credits under State or Federal law that might result from emissions reduced by the Project implemented pursuant to this Agreement. The emissions reduced by the Project may not be used by Grantee to comply with any local, State, or Federal air pollution regulation or law, or used to fulfill Grantee’s obligations arising out of any order, settlement contract, memorandum of understanding, or other binding legal document. 20) Compliance with CARB Program Guidelines: Any questions or disputes the Parties may have regarding the implementation of this Agreement will be resolved in accordance with the applicable CARB Program Guidelines.
21) Enforcement: CARB is an intended third-party beneficiary of this Agreement and has the right to enforce the terms of the Agreement to ensure emission reductions are obtained. Both the Air District and CARB, or their designees, have the authority to inspect the Project, enforce the terms of this Agreement, and pursue repayment of grant funds for noncompliance with the terms of this Agreement, including requirements in attachments hereto, in the CARB Program Guidelines, or applicable state laws or regulations throughout the Agreement Term.
22) Public Documents: To the extent not otherwise prohibited by law and to the extent required by the California Public Records Act (Government Code section 7920 et seq.), the Grantee will place in the public domain any software, written document, or other product developed with Program funds as part of the Project.
23) Survival of Terms: Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement will remain in effect until fulfilled and apply to both Parties’ respective successors and assigns.

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24) Public Entities Conflict of Interest: The Grantee warrants and represents that its public officials, including its officers and employees in their official capacity, presently have no interest and agrees that its public officials, including its officers and employees in their official capacity, will not acquire any interest which would represent a conflict of interest under California Government Code sections 1090 et seq. and 87100 et seq. during the performance of this Agreement. 25) Russian Sanctions: On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 regarding Economic Sanctions against Russia and Russian entities and individuals. Economic Sanctions refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. Grantee represents and warrants that it is not a target of Economic Sanctions, and that it will refrain from conducting prohibited transactions with sanctioned individuals or entities through the Agreement Term.
26) Authority to Sign: The persons executing this Agreement certify that they have the legal authority to bind their respective entities to all terms and conditions set forth herein. 27) Penalty for Falsifying Information: In entering into this Agreement, the Air District has relied upon the representations in Grantee’s application, which is incorporated by this reference as if fully set forth herein, in determining the eligibility of Grantee. Grantee agrees that the information submitted in its application, including information about its eligibility status and Project, and the information provided to the Air District in furtherance of this Agreement, is accurate, true, and correct. The Air District or CARB may consider submission of false information a criminal offense, punishable under penalty of perjury under the laws of California. Grantee acknowledges, understands, and accepts that by providing or making any false statements or providing false information, Grantee may be in violation of California law. All statements, responses, and information are subject to investigation and any incomplete, unclear, false, or dishonest statement, response, or information may be grounds for disqualification from receiving any existing or further funding or participating in any programs or projects using Air District or CARB-provided funds, or from doing business with the State of California or the Air District. If false information is or was provided, the Air District or CARB may require Grantee to return the Funds Awarded, may exclude Grantee from participation in future funding programs, and may pursue other remedies available under the law.

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IN WITNESS WHEREOF, the Parties to this Agreement have caused this Agreement to be duly executed on their behalf by their authorized representatives.

SIGNATURES
Bay Area Air Quality Management District
By: _______________________________ Date: _____________ Philip M. Fine
Executive Officer/Air Pollution Control Officer
Bay Area Air Quality Management District
Approved as to form:

By: _______________________________
Alexander Crockett
General Counsel
Bay Area Air Quality Management District
Grantee
By: _______________________________ Date: _____________ Tim Ogden
City Manager
City of Brentwood

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ATTACHMENT A – PROJECT SPECIFIC INFORMATION
[Note: The section numbers shown in parentheses below refer to the Sections in the Agreement.]

1. Grantee: City of Brentwood

2. Project Number (Section III.7): 26MOY8

3. Air District Approval Date (Section III.14): Effective Date of this Agreement

4. Total Grant Funds Available (Section II.1): $3,218,000

5. Cost Breakdown (Section II.1): A detailed breakdown of estimated project costs and equipment information is shown in Table 1.

Table 1: Detailed Project Description
Project Equipment Description
Estimated
Eligible
Costs
Maximum
Percentage
of Eligible
Costs
Total Usage
& Project
Equipment
Operational
Period
Location
of
Operation
Funds
Available
Infrastructure description*:

Purchase and install: 2 new DC fast ports, and 32
new level 2 ports with associated electrical conduit
and infrastructure.

Total Minimum Output (All Ports Combined):
734.40 kW
Location: 2201 Elkins Way, Brentwood, CA 94513,
non-publicly accessible.

At least 50 percent of the total energy provided must
be generated from solar/wind.
$4,952,265 65%**
574,812 kWh
&
3 years
100 % in
CA
Operates in
Priority
Areas: Yes
$3,218,000
Total Grant Funds Available: $3,218,000
*Grantee may propose Equivalent Equipment subject to advanced written approval from the Air District. The Equivalent Equipment must result in the same or better emissions reductions and meet or exceed the operational parameters specified in Attachment A of this Agreement.
** Maximum percentage of eligible costs and funds available quoted here is based on a requirement that at least 50 percent of the total energy provided is generated from solar/wind; if this requirement is not met, maximum percentage of eligible costs and funds available will be lower.

The terms in Table 1 above are defined as follows:

Project Equipment Description: Information describing the new equipment, including fuel or energy type and other specifications.

Estimated Eligible Costs: The amount of the Project cost determined during the application evaluation eligible to be included in the calculation for reimbursement. Eligible Costs are Project costs that are eligible based on the CARB Program Guidelines and Air District policies.

Maximum Percentage of Eligible Costs: The maximum allowable percentage of the actual Eligible Costs that can be reimbursed for Project Equipment, based on the maximum percentage allowed for the equipment by the applicable CARB guidelines for the equipment type.

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Total Usage & Project Equipment Operational Period: Total Usage refers to the minimum amount the Grantee is required to operate the Project Equipment, over the period of time specified and defined as the Project Equipment Operational Period. Total Usage is measured in either hours, miles, kWh, or fuel used, as applicable.

Location of Operation: The minimum percentage of time that the Project Equipment must operate within California and/or within the Air District boundaries, as noted, during the Project Equipment Operational Period. Also indicates whether the Project is required to operate within a Priority Area(s), as defined in Attachment C, and in accordance with the requirements of Paragraph 16 (Special Conditions).

Funds Available: The maximum funding that can be paid to Grantee for the Project pursuant to this Agreement.

6. Project Description: On-Road Infrastructure
Table 1 provides the details of the funded Project Equipment. Any change in Project Equipment specifications or Project Description must receive written approval in advance by the Air District.

7. Project Term: Table 1 lists the required Total Usage and Project Equipment Operational Period for each piece of Project Equipment. The Project Equipment Operational Period begins when the Project Equipment has been successfully inspected by the Air District. The Project Term begins at the start of the earliest Project Equipment Operational Period and concludes upon the satisfaction of the usage and Project Equipment Operational Period requirements for each piece of Project Equipment and upon confirmation by the Air District that all Project requirements have been met.

8. Operating Parameters: Air District has awarded this Grant based upon Grantee’s agreement to operate the Project Equipment for the usage identified in Table 1 of this Attachment. In no event may Grantee operate the Project Equipment less than the minimum project term specified in the CARB Program Guidelines. For Project Equipment that must be charged (e.g., electric or hydrogen vehicles), Grantee agrees that it will not charge Project Equipment with diesel or propane generators or fuel, except in the case of an emergency.

9. Project Schedule: By no later than February 11, 2027, the Project must be completed by Grantee and inspected by the Air District, and Grantee must have submitted its request for payment in accordance with Paragraph 13 of this Attachment.

10. Estimated Eligible Costs : Estimated eligible costs are specified and described in Table 1 above, and include (A) Design and engineering, (i.e., labor, site preparation, Americans with Disabilities Act accessibility, signage); (B) Equipment (e.g., charging/fueling units, electrical parts, energy storage equipment); (C) Installation directly related to the construction of the station; (D) Meter/data loggers; (E) On-site power generation system that powers covered sources (i.e., solar and wind power generation equipment); (F) Fees incurred pre-contract execution (i.e., permits, design, engineering, site preparation), license fees, environmental fees, commissioning fees (safety testing), and onsite required safety equipment; (G) Federal, sales, and other taxes; (H) Shipping and delivery costs; (I) Consulting fees associated with the preparation of Environmental Assessment, Environmental Impact Statement, Environmental Impact Report, or other California Environmental Quality Act (CEQA) documents.

11. RESERVED.

12. RESERVED.

13. Project Implementation Report and Request for Payment (Section I): In a timely manner and as soon as practicable after completion of the work set forth in the Project Description, Grantee shall submit a Project Implementation Report (PIR), an IRS W-9 form, and a project invoice to request payment for the Eligible Costs of the Project.

The Project invoice must:
• Provide documentation for all Eligible Costs, document the Equipment serial number(s), and include a description of the Equipment purchased.

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• Demonstrate the costs are Eligible Costs and have been expended in compliance with the Project Description and the Project Schedule.
• Itemize the total funds requested for this reimbursement, which must include an itemization of payments to vendors, consultants, and contractors.
• Include copies of invoices that document the goods and services provided by vendors, consultants, and contractors and documentation of the total hours incurred to complete the Project, the hourly rates of any labor charges, the costs of such goods, and any other Eligible Costs. • Be submitted with a summary sheet that specifies the Project Number. If costs are incurred that are not directly related to the Project as described in Paragraph 5 of this Attachment, all such costs must either be deleted when the Project invoice is prepared or clearly identified as costs that are not eligible for reimbursement by the Air District.
• Include proof of warranty for the specific project option and type of Project Equipment described in Table 1 of this attachment, if required by the CARB Program Guidelines. • For new or converted electric Equipment or hybrid Equipment, provide owner’s manual or equivalent documents describing the major components; theory of operation and operating procedures; battery maintenance and use; service intervals and requirements; contact information for the manufacturer and CA servicer(s); instructions about safe operation and battery handling; and emergency procedures and potential safety precautions for use of the Equipment.

The Grantee may seek an interim payment from the Air District. To request an interim payment, the Grantee must submit an updated Project schedule that identifies the anticipated completion date, together with invoices for costs incurred to date, to the Air District. The Air District has the sole discretion to approve an interim payment for Eligible Costs incurred to date.

Upon verification that the Project has been completed according to the terms of this Agreement, the Project Equipment has been installed and is fully operational, and approval of the invoice, the Air District will issue final payment of the Funds Awarded.

14. Annual Monitoring Reports: Grantee must submit an annual monitoring report each calendar year for the Project Term, in a format provided by the Air District. The monitoring report must provide information regarding annual fuel/energy consumption, annual hours or miles of operation, locations where Project Equipment operated, and proof of insurance. Annual reports are due by August 1 of each reporting year, with the reporting period covering July 1 of the prior year through June 30 of the reporting year, except for the first report, for which the reporting period will be the Effective Date of this Agreement through June 30 of the reporting year, and the last report, for which the reporting period will be July 1 of the prior year through the end of the Project Term. The final report must be submitted by August 1 following completion of the Project Term.

Prior to project completion, the annual report must include a report on the Grantee’s progress in completing the Project by the deadline set forth in Paragraph 9 of this Attachment. If Grantee fails to submit annual monitoring reports in a timely fashion, the Air District may perform a project performance audit.

15. Repayment of Grant Funds for Failure to Complete Project Equipment Operational Period:

Grantee must repay the Funds Awarded on a prorated basis for selling, assigning, transferring, retiring, scrapping, or removing any piece of Project Equipment from service in the location(s) specified in Table 1 of Attachment A prior to completing its Project Equipment Operational Period. The fraction of funds to be repaid will be determined by subtracting the usage of the Project Equipment at the time of sale, assignment, transfer, retirement, scrapping, or removal from service from Total Usage, pursuant to Table 1 and Paragraph 7 of this Attachment, and dividing that result by the Total Usage. At its sole discretion, the Air District may waive repayment if it determines that Grantee’s failure to complete the Project was due to events beyond Grantee’s reasonable control per Section III.16.

At its sole discretion, the Air District may waive repayment if the Grantee facilitates transfer of this Agreement by the Air District to the subsequent owner who agrees to assume all obligations under this

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Agreement and specifically agrees to continue operation of the Project Equipment in order to provide equivalent emission reductions in accordance with CARB Program Guidelines.

16. Special Conditions:

A. Operation in Priority Areas: Grantee agrees to operate the funded Project Equipment within or benefiting Priority Areas, which are communities disproportionately impacted by air pollution and/or low-income communities. This benefit to Priority Areas is required throughout the Project Equipment Operational Period(s) to ensure that the Project directly reduces emissions in impacted communities and helps to reduce public health risks associated with such air contaminants in the impacted communities. Grantee must continue to operate in the same location(s) described in the application materials submitted by the Grantee, since the location(s) were a factor in determining eligibility and/or the funding level awarded. Attachment C provides a map of Priority Areas. Grantee must demonstrate, as part of the Annual Monitoring Reports, that it has operated in the Priority Area(s) designated in Attachment C for each year of operation.

For the duration of the Project Equipment Operational Period(s), Grantee must operate the Project Equipment within California and the Air District as specified in the “Location of Operation” column in Table 1 of Attachment A. Grantee must demonstrate, as part of the Annual Monitoring Reports, that the percentages of operation within the Air District boundaries and within California, as identified in Table 1, have been achieved for each year of operation.

B. Grantee certification:

1. I certify that all fleets and/or engine(s) are in compliance with all applicable Federal, State, and local air quality rules and regulations as of the Effective Date of this Agreement.

2. I understand that I must maintain compliance with all applicable Federal, State, and local air quality rules and regulations for the Agreement Term.

3. I have disclosed to the Air District all other private or public financial incentives applied for or used for this Project.

4. I will not apply for or receive other private or public financial incentives for the Project without prior approval from the Air District, including any sources that become available after the Effective Date of this Agreement. The receipt of additional public funding for the Project Equipment could result in a reduction of the Total Grant Funds Available and the final Funds Awarded.

5. I understand that I must own and operate the Project Equipment pursuant to the terms of Table 1 of Attachment A, which include usage and location requirements.

6. I will not assign, transfer, or sell the Project Equipment during the Agreement Term without prior written consent of the Air District. Such written consent will not be given unless the terms and obligations of this Agreement are first transferred in full to a new owner/operator.

7. I understand that the following requirements apply to additional private or public financial incentives used to support this Project.
a. Grantee must meet all criteria associated with each funding source used to fund the Project.
b. The total of all incentives for the Project must not exceed the total project costs. c. All covered emission reductions (NOx, ROG, and PM) achieved from this Project with these funding sources, will be credited as reductions to the Carl Moyer Program. Other emission reductions such as greenhouse gas emissions may be claimed by the other programs used in co-funding this Project.

Signature: _______________________________

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Name (printed): _______________________________
Title: _______________________________ Date: _____________ C. Security Interest: Grantee hereby grants the Air District a security interest in the Project Equipment that has been purchased partially or entirely with funding provided by the Air District pursuant to this Agreement. Grantee acknowledges and agrees that the Air District will have all lien rights as a secured creditor on the Project Equipment throughout the Project Equipment Operational Period (Project Term). Grantee agrees and authorizes the Air District to file a Uniform Commercial Code (UCC) financing statement (Form UCC-1), U.S. Coast Guard Notice of Claim of Lien, California Title Lien, or similar security instrument to secure its interests in the Project Equipment. In the event the Project Equipment is repossessed or Grantee files for dissolution or bankruptcy protection, Grantee will notify the Air District within ten (10) business days of the repossession or court filing.

D. Two-Party Check: If the Grantee requests, the Air District may pay the Funds Awarded to the equipment vendor designated by the Grantee as a two-party check to the Grantee and the designated vendor.

E. Hour Meter: As required by the CARB Program Guidelines, Grantee will ensure that Project Equipment, inclusive of infrastructure Equipment, is equipped with a tamper-proof, nonresetting hour meter, energy meter, or odometer (as applicable). If this meter fails during the Project Equipment Operational Period, the Grantee must notify the Air District, remain responsible for validating any hours not recorded by the meter, and take action to repair or replace the meter within thirty (30) days.

F. CARB Fleet Rules: For Grantees subject to CARB regulations, Project Equipment funded as part of this Agreement:

1. Must be included when defining the size of the fleet for determining regulatory requirements.

2. Must not be used to generate credits or compliance extensions and must be excluded when determining regulatory compliance.

G. Projects that include fueling or charging infrastructure Project Equipment:
• Grantee must either own the land on which the Project infrastructure is installed or control the land through a long-term lease, easement, or other legal arrangement for the duration of the Project Term.
• Grantee must comply with, and ensure any subcontractors comply with, all applicable regulations (e.g., Cal. Code Regs., tit. 13, §§ 2360-2360.5) • Infrastructure Equipment and parts must be new. Remanufactured or refurbished equipment and parts are not eligible.
• The fueling and charging infrastructure Equipment must be in operating condition for the duration of the Project Term.
• For battery charging stations, the chargers must be certified by a National Recognized Testing Laboratory (e.g., Underwriter’s Laboratory, Intertek) located at https:
www.osha.gov/dts/otpca/nrtl/nrtllist.html.
• Grantee must report all battery charging station installations to the Department of Energy Alternative Fuel Data Center located at http://www.afdc.energy.gov/locator/stations, pursuant to Cal. Code Regs., tit. 13, §§ 2360-2360.5.
• Non-publicly accessible infrastructure Equipment must operate without disruption and Grantee must report any downtime to the Air District within 15 days of Equipment malfunction outlining specified actions to return Project Equipment to service.

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• For charging infrastructure installations:
o Grantee must ensure that all charging infrastructure installations are performed in accordance with Public Utilities Code 740.20 and by a contractor with the appropriate license classification, as determined by the Contractors’ State License Board, and at least one (1) electrician on each crew, at any given time, who holds an Electric Vehicle Infrastructure Training Program (EVITP) certification. Projects that include installation of a charging port supplying 25 kilowatts or more to a vehicle must have at least 25 percent of the total electricians working on the crew for the project, at any given time, who hold EVITP certification. One (1) member of each crew may be both the contractor and an EVITP certified electrician. The requirements stated in this paragraph do not apply to any of the following:
▪ Electric vehicle charging infrastructure installed by employees of an electrical corporation or local publicly owned electric utility.
▪ Electric vehicle charging infrastructure funded by moneys derived from credits generated from the Low Carbon Fuel Standard Program (Sub article 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations). ▪ Single-family home residential electric vehicle chargers that can use an existing 208/240-volt outlet.
o Prior to performing any electric vehicle infrastructure or equipment installation work funded or authorized under this Agreement, Grantee must complete the Certification Form provided by the District in order to:
▪ Certify that the project will comply with all of the above requirements of Public Utilities Code 740.20 or describe why these requirements do not apply to the project. The Certification Form must be signed by the Grantee’s authorized representative.
▪ Provide EVITP Certification Numbers of each EVITP certified electrician that will install electric vehicle charging infrastructure or equipment. EVITP Certification Numbers are not required to be submitted if the Public Utilities Code 740.20 requirements do not apply to the project.

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ATTACHMENT B – INSURANCE REQUIREMENTS
Grantee to initial next to each checked box indicating they have read the insurance requirements.

Minimum Scope of Insurance and Verification of Coverage: Throughout the Agreement Term as defined in Section III of the Agreement, Grantee and any third-party subcontractors must obtain and maintain in full force and effect the insurance as set forth below. Grantee must provide, and require any subcontractors to provide, the Air District certificates and/or other evidence of insurance coverage. The Air District reserves the right to require Grantee to provide complete, certified copies of any insurance offered in compliance with these specifications.

Certificates, policies, and other evidence provided must specify that the Air District will receive thirty (30) calendar days advanced notice of cancellation from the insurers.

X 1. Liability Insurance
_______
Initial
Corporations and Public Entities - a limit of not less than $1,000,000 per occurrence. Such insurance must be of the type usual and customary to the business of the Grantee, and to the operation of the vehicles, vessels, engines, or equipment operated by the Grantee.

Single Vehicle Owners - a limit of not less than $750,000 per occurrence. Such insurance must be of the type usual and customary to the business of the Grantee, and to the operation of the vehicles, vessels, engines, or equipment operated by the Grantee.

At the time Grantee submits invoices for payment to the Air District, Grantee must demonstrate that each piece of Project Equipment purchased under this Agreement is covered under the following property insurance. The property insurance for each piece of Project Equipment must remain effective from the date of the invoice to the Air District to the end of the Project Equipment Operational Period as defined in Attachment A of the Agreement.

X 2. Property Insurance for Vehicle/Vessel/Equipment Repower, Replacement and/or Retrofit, and Infrastructure Projects
_______
Initial
in an amount of not less than the insurable value of Grantee’s vehicles, vessels, engines, or equipment funded under the Agreement of which this Attachment is a part, covering all risks of loss, damage or destruction of such vehicles, vessels, engines, or equipment.

X 3. Workers’ Compensation Insurance
_______
Initial
as required by California law and employers’ liability insurance with a limit of not less than $1 million.

Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII. The Air District may, at its sole discretion, waive or alter this requirement.

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BAAQMD Carl Moyer Program Grant Agreement
26MOY8 Form GA2-2024P Page 16 of 16
ATTACHMENT C – OPERATION OF PROJECT EQUIPMENT WITHIN PRIORITY AREAS Grantee to initial next to each checked box indicating their agreement to operate the Project Equipment in the Priority Area(s) indicated below throughout the Project Equipment Operational Period(s). Project Equipment must continue to operate in the same location(s) described in the application materials submitted by Grantee. For infrastructure-only projects, the definition of “operation within” may be based on the vehicles/equipment that use the supporting infrastructure.

1. Disadvantaged Communities (“DAC”), an example of which is shown in Figure 1 below, and as identified by the California Climate Investments Priority Populations 2024 mapping tool at https://webmaps.arb.ca.gov/PriorityPopulations/ _______
Initial
X 2. Low Income Communities (“LIC”), an example of which is shown in Figure 1 below, and as identified by the California Climate Investments Priority Populations 2024 mapping tool at https://webmaps.arb.ca.gov/PriorityPopulations/ _______
Initial
Figure 1: Example DAC and LIC Areas

Page 57 of 228 ends

CITY COUNCIL AGENDA ITEM NO. E.5
01/14/2025
SUBJECT: Purchase one new skid steer loader, and authorize the City Manager or designee to execute any necessary documents in a total amount not to exceed $127,000.

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

TITLE/RECOMMENDATION
Adopt a Resolution approving the purchase of one new John Deere skid steer loader for the Street Maintenance Division from Pape Machinery in Newark, CA; and authorizing the City Manager or designee to execute any necessary documents in an amount not to exceed $127,000.

FISCAL IMPACT
The total cost of the one new skid steer loader is a not to exceed amount of $127,000, which is included in the FY 2024/25 General Fund Operating Budget.

BACKGROUND
City Council approval for the new skid steer loader for the Street Maintenance Division was requested and received as part of the 2024/25 – 2025/26 Operating Budget adoption. The skid steer loader is necessary for staff to successfully implement the sidewalk replacement program to help maintain safe City sidewalks. Currently, Street staff shares a much larger backhoe to perform this type of work between two crews (asphalt and concrete). Adding this smaller, more maneuverable piece of equipment for sidewalk and asphalt repairs helps to keep larger equipment out of residential areas and enables the scheduling of work between staff to be done expediently and efficiently. Additionally, the skid steer loader will be used on a wide variety of jobs throughout the year assisting Public Works staff with service calls as they arise.

Per Purchasing Policy No. 10-7, the City will utilize a cooperative purchasing agreement to purchase the new skid steer loader, a Sourcewell agreement with John Deere Tractor, Contract No. 011723-JDC. Sourcewell offers a wide variety of

Page 58 of 228 ends

CITY COUNCIL AGENDA ITEM NO. E.5
01/14/2025
commodities, non-IT services and information technology products and services, where participating vendors submit pricing based on bulk government sales. Staff reviewed similar product prices and found Sourcewell prices to be fair and reasonable.

Staff requests the approval to purchase the John Deere skid steer loader in the not to exceed amount of $127,000 from Pape Machinery in Newark, CA. Pape Machinery is the local authorized John Deere dealer for the City of Brentwood.

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

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Not Applicable.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

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

1. Do not approve staff’s recommendation.

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

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Quote

Page 59 of 228 ends

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 June 25, 2024, by Resolution 2024-73, City Council adopted the FY 2024/25 – 2025/26 Operating Budget which included funds for the purchase of a skid steer loader.

Page 60 of 228 ends

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING THE PURCHASE OF ONE NEW JOHN

DEERE SKID STEER LOADER FOR THE STREET MAINTENANCE
DIVISION FROM PAPE MACHINERY IN NEWARK, CA; AND

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE

ANY NECESSARY DOCUMENTS IN A TOTAL AMOUNT NOT TO
EXCEED $127,000.

WHEREAS, on February 14, 2017, by Resolution No. 2017-17, the City Council adopted the amended City Council/Administrative Policy No. 10-9, Policy and Procedures for the Use of Vehicles and Related Equipment (“Vehicle Policy”); and WHEREAS, on June 25, 2024, by Resolution 2024-73, the City Council approved the 2024/25 – 2025/26 Operating Budget which included funds for the purchase of a skid steer loader; and
WHEREAS, Purchasing Policy 10-7 requires that purchases or services over $50,000 be approved by City Council; and
WHEREAS, a skid steer loader is necessary for the Street Maintenance Division to successfully implement the sidewalk replacement program to help maintain City sidewalks; currently a much larger backhoe is used to perform this type of work between two crews; and
WHEREAS, the new John Deere skid steer loader will be purchased in the amount of $127,000 utilizing a Sourcewell cooperative purchasing agreement, Contract No. 011723-JDC, from Pape Machinery in Newark, CA; and WHEREAS, the total $127,000 cost will be expended through the City Council approved 2024/25 General Fund Operating Budget.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve the purchase of one new John Deere skid steer loader; and authorize the City Manager or designee to execute any necessary documents in a total amount not to exceed $127,000.

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:

Page 61 of 228 ends

Customer:

Date
Attention:

Quote ID #31769965
List Price $ 89,322.00
Discounts Applied -30.00% $ (26,796.60)
Customer responsble for applicable Sales Tax at point of delivery Additional Items $54,157.91 Pape Newark Price $ 116,683.31
Sales Tax 8.75% $ 10,209.79
$ 7.00
$126,900.10
00C2T 324G Skid Steer
170K JDLink™
0770 Cab/Heat/AC, Power QT, Hi Flow, SL & RC, 2Spd, LED Lights, Rev Fan, Chrome, Heat Seat, Radio 0953 ISO-H Switchable Controls and EH Joystick Performance Package 1301 Engine - Turbocharged
1501 English Operator's Manual and Decals
2315 12 X 16.5 NHS, CAMSO SKS Solid Tires
4003 3-Inch Seat Belt with Shoulder Harness
6006 Air Suspension Seat (Cloth with Heat)
8042 Rear View Camera
8060 Engine Air Precleaner
8305 Counterweight, (Double Set)
8380 Footrest with Floormat
8525 Cab Severe Duty Polycarbonate Door
9041 72 in Construction Bucket (17.8 cu ft) w/ Edge
Additional Items
Pape Factory Freight,Setup & Delivery
Subtotal: $70,958.00
Additional Attachments
Toku Striker TNB-4M-SSL-D 550 ft. lb. Breaker (choice of moil,chisel or blunt tool) $7,500.35 82A1T CP18G Cold Planer With 9002 Planer Mounted Water Kit Includes 1-day install $25,820.84 1521T BR72C 72" Rigid Pick-Up Broom $5,761.77
0AR0T MP72B Multi-Purpose Bucket With Bolt-On Smooth Edge & Hose Guide $5,420.00 PSM PSM Cascade 5,500 lb. Rated Pallet Forks $1,222.35
Attachments Include Freight & Setup
Attachment Total: $45,725.31
Terms Sourcewell, Net-30, Contract # 011723-JDC, Member # 2123 Warranty:

Term: Net-30
FOB:

Phone: 925-997-7933
E-Mail [email protected]
San Francisco Bay Area
Territory Manager
Ed Le Roy
2-Year 2,000-Hour Comprehensive
Tire Fee
Out The Door Total
150 City Park Way, Brentwood, CA 94513
Formal Quote
New John Deere 324G Skid Steer
Quote valid for 90-days
11/27/2024
Chris Ziemann
City of Brentwood
Factory Order New

Page 62 of 228 ends

CITY COUNCIL AGENDA ITEM NO. E.6
01/14/2025
SUBJECT: Informational Report on Final Map of Subdivision No. 9574, Hanson Lane, developed by Meritage Homes, Inc.

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

TITLE/RECOMMENDATION
Receive and file an Informational Report on Final Map approval by the City Manager of Subdivision No. 9574, Hanson Lane, developed by Meritage Homes, Inc., located at 251 Hanson Lane (018-231-034). This report was continued from the City Council’s meeting of December 10, 2024, at the request of Councilmember Mendoza.

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

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

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

The City Engineer then reviews the final map and ensures that:
 the subdivision shown on it is substantially the same as that which the City previously authorized through approval of the tentative map (or that it includes any approved alterations),

Page 63 of 228 ends

CITY COUNCIL AGENDA ITEM NO. E.6
01/14/2025
 all relevant state and local laws regarding subdivisions have been met (including those in the Subdivision Map Act and Brentwood Municipal Code), and
 the map is technically correct.

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

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

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

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

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

Page 64 of 228 ends

CITY COUNCIL AGENDA ITEM NO. E.6
01/14/2025

DATE OF NOTICE
Not Applicable

ENVIRONMENTAL DETERMINATION
Not Applicable

ALTERNATIVE OPTION(S)
Not Applicable

ATTACHMENT(S)

1. Previous Action

2. Site Map

3. Approved Final Map

Page 65 of 228 ends

Attachment 1

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

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

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

On December 10, 2024, the City Council was scheduled to receive the report on the City Manager’s execution of the Final Map. The item was continued to the City Council meeting of January 14, 2025, by Councilmember Mendoza.

Page 66 of 228 ends

TRAIL CT

TRESCH RD

JANE WAY

PA JARITO CT

BEDFO RD LN

COYOTE CT

TRAILSIDE DR

BONITA WAY

CARROL CT BEATRICE CT

HEARTLAND CIR

ARROYO SECO RD

CREE K TRA IL CT

IPARQ WAY

HOMECOMING WAY

TW ILIGHT CT

SUNSET RD

FOXBORO CT

CERRITOSR
D

LAIRD PL

HANSON LN

NORWOOD CT

LONE TREE WAY

ELKINS W AY

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

CITY LIMIT

CITY OF BRENTWOOD

CORPORATION YARD

SUNSET ATHLETIC MARSH CREEK CHANNEL

COMPLEX

WASTE WATER

TREATMENT PLANT

Page 67 of 228 ends

1 OWNER'S STATEMENT

OWNER'S ACKNOWLEDGMENT

SURVEYOR'S STATEMENT

RECORDER'S STATEMENT

OWNER'S ACKNOWLEDGMENT

CLERK OF THE BOARD OF SUPERVISORS

STATEMENT
SUBDIVISION 9574

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

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

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

Page 68 of 228 ends

2 SUBDIVISION 9574

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

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

SOILS REPORT

CITY ENGINEER'S STATEMENT
SIGNATURE OMISSION NOTE:

CITY COUNCIL STATEMENT

CERTIFICATE OF DEDICATION FOR SAME PUBLIC

PURPOSE

CITY MANAGER'S STATEMENT

CITY SURVEYOR'S STATEMENT

Page 69 of 228 ends

LONE TREE WAY

BEVERLY PLACE

HANSON LANECERRITOS ROAD

BONITA WAY ARROYO SECO ROAD

COUNTY OF CONTRA COSTA

CITY OF BRENTWOOD
3 100'

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

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

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

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

LEGEND
REFERENCES:

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

Page 70 of 228 ends

56 9
10 11 7 8
12 HANSON LANE

BONITA WAY

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

PARCEL B MEGANOS ROAD ADMIRAL COURT

BLOOMFIELD WAY

SWALLOWTAIL

COURT CATERPILLAR LANE RIVAS DRIVE VICEROY WAYHANSON LANE

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

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

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

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

LEGEND
NOTES:

REFERENCES:

JOB NO. 2462-030 SHEET OF 13

Page 71 of 228 ends

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

HANSON LANE
HANSON LANE 5
30'

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

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

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

NOTES:

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

Page 72 of 228 ends

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

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

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

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

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

NOTES:

LEGEND
REFERENCES:

Page 73 of 228 ends

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

PARCEL A
SEE SHEET 6 SEE SHEET 6

ADMIRAL COURT HANSON LANE
7 30'

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

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

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

NOTES:

LEGEND
REFERENCES:

Page 74 of 228 ends

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

PARCEL D
50 49
51 53
67 65 MEGANOS ROAD

BLOOMFIELD WAY RIVAS DRIVE

VICEROY WAY BONITA WAY
8 30'

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

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

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

NOTES:

LEGEND
REFERENCES:

Page 75 of 228 ends

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

LONE TREE WAY

LONE TREE
WAY 9
30'

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

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

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

NOTES:

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

Page 76 of 228 ends

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

PARCEL C

SWALLOWTAIL COURT

CATERPILLAR LANE

LONE TREE WAY
10 30'

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

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

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

NOTES:

LEGEND
REFERENCES:

Page 77 of 228 ends

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

PARCEL C
SEE SHEET 12
54 PARCEL B

BLOOMFIELD WAY

CATERPILLAR LANE
11 30'

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

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

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

NOTES:

LEGEND
REFERENCES:

Page 78 of 228 ends

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

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

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

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

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

NOTES:

LEGEND
REFERENCES:

Page 79 of 228 ends

13 SUBDIVISION 9574

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

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

ADDITIONAL INFORMATION SHEET
NOTES

Page 80 of 228 ends

CITY COUNCIL AGENDA ITEM NO. E.7
01/14/2025
SUBJECT: Award an agreement to Peregrine Technologies, Inc. for the purchase of software for $274,500 to provide a comprehensive data integration solution with secure information sharing and electronic court filing.

DEPARTMENT: Police
STAFF: Tim Herbert, Chief of Police
Mike Thompson, Police Lieutenant

TITLE/RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or designee to execute an agreement and necessary documents with Peregrine Technologies, Inc. in the amount of $217,500, plus funding authorization for an additional $57,000 for contingencies, for a total not to exceed amount of $274,500 over a three-year term for the purchase of software that provides a comprehensive data integration solution with secure information sharing and electronic court filing; and amend the FY 2024/25 and FY 2025/26 General Fund Operating Budget in the amount of $91,500 each year.

FISCAL IMPACT
If approved, the total cost of the agreement would be a not to exceed amount of $274,500 and would be funded by the General Fund. The cost would require a budget amendment of $91,500 in both FY 2024/25 and FY 2025/26 for the first two years of the contract term. Contract costs for the third fiscal year would be included in the 2026/27 – 2027/28 Operating Budget that would be presented for consideration of adoption in June 2026.

An amount for contingencies of $57,000 is included in the total not to exceed contract amount. This amount is for two add-on service options that may be exercised at any time during the contract period for an additional fee. Option 1 is Automated License Plate Reader integration for an additional annual fee of $7,000. Option 2 is a Red Light Camera Integration for an additional annual fee of $12,000.

Page 81 of 228 ends

CITY COUNCIL AGENDA ITEM NO. E.7
01/14/2025

BACKGROUND
The Council/Administrative Policy No. 10-7, Purchasing Policy, requires that purchases of goods or services over $50,000 per vendor, per fiscal year must be approved by City Council.

The Brentwood Police Department uses multiple data systems for both field and support services daily operations. These data systems are not linked, which then requires significant staff time to cross analyze all data in both investigating crimes and presenting prosecutable cases to the District Attorney’s Office.

Peregrine Technologies provides a secure platform solution for data integration through their proprietary software, allowing staff to access multiple databases in a single location.

Peregrine Technologies will integrate Computer Aided Dispatch (CAD) data, Records Management Systems (RMS) data, collision reporting, mapping information, body and dash camera footage, automatic license plate reader information and camera systems.

This accumulated data can be used to create interactive maps, network graphs, and would accelerate evidence-based decision-making, enhance investigatory capabilities, and streamline criminal analyses. Currently, this is all being done manually which is both inefficient and costly. Peregrine utilizes the data captured by the Brentwood Police Department data systems and makes it more functional and time efficient, saving staff time and eliminating mistakes made by human error.

In addition, Peregrine will also act as a workforce multiplier, most significantly by facilitating electronic court case filings to the Contra Costa County’s District Attorney’s Office located in the cities of Pittsburg and Martinez. Currently, this process is manual and cumbersome requiring many individuals in various roles (Records Staff, Detectives, Evidence Technicians, and Community Service Officers) to prepare, package, deliver all materials and provide signatures in person. Doing this electronically via Peregrine will reduce staff time, driving time, fuel costs, and printing material costs.

The Police Department utilized Council/Administrative Policy, Purchasing Policy No.:
10-7 Section 3.2.5 Professional Services/Software Service Providers to select this vendor.

Page 82 of 228 ends

CITY COUNCIL AGENDA ITEM NO. E.7
01/14/2025

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Not Applicable.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
Not approving this recommendation will prevent purchasing and utilizing this software technology that is available to better serve the community, investigate and solve crimes, save staff time, material costs, and fuel costs. If not approved, we request that the item is continued with direction for staff to return with additional information.

ATTACHMENT(S)

1. Resolution

2. Peregrine Agreement

Page 83 of 228 ends

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD AUTHORIZING THE CITY MANAGER OR DESIGNEE

TO EXECUTE AN AGREEMENT AND NECESSARY DOCUMENTS
WITH PEREGRINE TECHNOLOGIES, INC. IN THE AMOUNT OF
$217,500, PLUS FUNDING AUTHORIZATION FOR AN
ADDITIONAL $57,000 FOR CONTINGENCIES, FOR A TOTAL NOT
TO EXCEED FUNDING AUTHORIZATION AMOUNT OF $274,500

OVER A THREE-YEAR TERM FOR THE PURCHASE OF SOFTWARE

THAT PROVIDES A COMPREHENSIVE DATA INTEGRATION

SOLUTION WITH SECURE INFORMATION SHARING AND
ELECTRONIC COURT FILING; AND AMEND THE FY 2024/25

GENERAL FUND OPERATING BUDGET IN THE AMOUNT OF
$91,500; AND AMEND THE FY 2025/26 GENERAL FUND
OPERATING BUDGET IN THE AMOUNT OF $91,500.

WHEREAS, the Brentwood Police Department uses multiple data systems for both field and support services daily operations. These data systems are increasing every year and are not linked, which then requires significant staff time to cross analyze all data in both investigating crimes and presenting prosecutable cases to the District Attorney’s Office; and
WHEREAS, Peregrine Technologies provides a secure platform solution to data integration through their proprietary software, allowing staff to access multiple databases in a single location; and
WHEREAS, Peregrine Technologies will integrate Computer Aided Dispatch (CAD) data, Records Management Systems (RMS) data, collision reporting, mapping information, body and dash camera footage, automatic license plate reader information and camera systems; and
WHEREAS, this accumulated data can be used to create interactive maps, network graphs, and would accelerate evidence-based decision-making, enhancing investigatory capabilities, streamline criminal analyses; and WHEREAS, Peregrine will also act as a workforce multiplier, most significantly by facilitating electronic court case filings to the Contra Costa County’s District Attorney’s Office located in the cities of Pittsburg and Martinez reducing staff time, driving time, fuel costs and printing material costs; and WHEREAS, the total not to exceed cost of the contract would be $274,500 over a three-year term; and
WHEREAS, the contract cost for FY 2024/25 and for FY 2025/26 would be $91,500 and expended from the General Fund Operating Budget.

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NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby authorize the City Manager or designee to execute an agreement and necessary documents with Peregrine Technologies, Inc. in a not to exceed amount of $217,500 over a three-year term; funding authorization for a not to exceed contingency amount of $57,000; and amend the FY 2024/25 General Fund Operating Budget in the amount of $91,500; and amend the FY 2025/26 General Fund Operating Budget in the amount of $91,500.

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

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Peregrine Customer Order Form & Scope of Services
Customer Information
Customer Name: Brentwood Police Department Contact: Chief Tim Herbert Address:
9100 Brentwood Blvd
Brentwood, CA 94513
Phone: 925-634-6911
Email: [email protected] Fax: N/A
Peregrine Services
Effective Date: January 31, 2025
Initial Term: From the Effective Date through January 30, 2028 (“Initial Term”).

Service Fee: The following fee schedule is available to the Customer if Order Form is signed on or before January 25, 2025. Unless otherwise terminated as set forth in the Terms and Conditions, Customer shall pay Peregrine a service fee of $72,500 annually for the Term as follows:
a. $72,500 within 30 days of the Effective Date
b. $72,500 within 30 days of the 1/31/2026
c. $72,500 within 30 days of the 1/31/2027
Add-On Option 1: ALPR integration
This option may be exercised at any time during the period of performance for an additional fee of $7,000 annually. The invoiced amount shall be prorated to the option exercise date.

Add-On Option 2: Red Light Camera integration
This option may be exercised at any time during the period of performance for an additional fee of $12,000 annually. The invoiced amount shall be prorated to the option exercise date.

Users: Customer may allow an unlimited number of employees of the Brentwood Police Department to access and use the Service.

Onboarding and Training Services: Peregrine will provide Customer with an introductory training session that provides an overview of the Service, background on accessible data sources as of the Effective Date and an introduction to the analytic capabilities of the Service. Peregrine will provide additional training, including refresher sessions and advanced training modules, from time to time upon mutual agreement of the parties.

Professional Services: The initial Customer Data sources and systems that Peregrine will integrate with the Service for Customer are: RIMS CAD, RIMS RMS, and Axon BWC.

Add-On Option 1: ALPR integration

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Peregrine services are provided subject to the terms set forth above on this Order Form together with the attached terms and conditions (the “Terms and Conditions,” and together with this Order Form, the “Agreement”). Any capitalized term used in this Order Form but not defined herein shall have the meaning ascribed to it in the Terms and Conditions. By signing this Order From, Peregrine and Customer each agree to the terms and conditions set forth in this Agreement. In the event of any conflict between this Order Form and the Terms and Conditions, the terms of this Order Form shall govern to the extent of such conflict. This Order Form may be executed in counterparts (which may be delivered by electronic mail of .pdf files), each of which counterparts, when so executed and delivered, shall be deemed to be an original, and all of which counterparts, taken together, shall constitute one and the same instrument.

Peregrine Customer
By: By:

Name: Nicholas Noone Name:

Title: President & CEO Title:

Date Signed: Date Signed:

Attest:

Name:

The fee schedule above includes support for up to 30 million annual LPR reads and a 30-day retention of LPR detections.

Upon exercise of this option, Peregrine will be responsible for $2,500 in API or data access fees on a one-time basis.

Add-On Option 2: Red Light Camera integration
The Customer is responsible for any third-party API or data access fees except where explicitly stated above.

Any additional data integrations or new functionality shall be subject to mutual written agreement of the parties, including with respect to fees. All additional data integration services or new functionality and corresponding fees will be set forth in a statement of work.

For clarity, Peregrine will provide any other Professional Services and additional data integration services in accordance with Section 2.2 of the Terms and Conditions.

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Peregrine Customer Terms and Conditions
These Peregrine Customer Terms and Conditions govern the provision of the services described on the attached Order Form (“Order Form”) by Peregrine Technologies, Inc. (“Peregrine”) to the Brentwood Police Department (“Customer”). By executing an Order Form with Peregrine, Customer agrees to be bound by these Terms and Conditions.

1. Definitions.
“Aggregated Data” has the meaning specified in Section 6.1. “CJIS Security Policy” means the FBI CJIS Security Policy document as published by the FBI CJIS Information Security Officer, currently located at https://www.fbi.gov/services/cjis/cjis-security-policy-resource-center. “Client-Side Software” means any software in source or object code form that Peregrine makes available for use in connection with the Service, including Peregrine’s mobile application(s). “Criminal Justice Information Services Division” or “CJIS” means the FBI division responsible for the collection, warehousing, and timely dissemination of relevant criminal justice information to the FBI and to qualified law enforcement, criminal justice, civilian, academic, employment and licensing agencies. “Customer Data” means any of Customer’s data, information, documents or electronic files that are provided to Peregrine via the Service or otherwise in connection with this Agreement, including any databases Customer procures from third party vendors for Peregrine’s integration with the Service; provided that, for purposes of clarity, Customer Data as defined herein does not include Aggregated Data. “Documentation” means the materials supplied by Peregrine hereunder, in any media, including any and all installer’s, operator’s and user’s manuals, training materials, guides, functional or technical specifications or other materials for use in conjunction with the Service.
“Personal Information” means any information that, individually or in combination, does or can identify a specific individual or by or from which a specific individual may be identified, contacted, or located, including without limitation all data considered “personal data”, “personally identifiable information”, or something similar under applicable laws, rules, or regulations relating to data privacy. “Professional Services” has the meaning specified in Section 2.2. “Service” means Peregrine’s proprietary platform that assists Users with criminal investigations and police leadership decision making, consisting of a hosted web-based interface and the Client-Side Software. For purposes of this Agreement, the Service is exclusive of Professional Services that may be rendered upon mutual agreement of the parties in accordance with Section 2.2.
“SOW” has the meaning specified in Section 2.2.
“Third Party Data” means any third party databases that Peregrine licenses from third party vendors and makes accessible via the Service. For clarity, Third Party Data does not include any Customer Data. “Third Party Products” means any third-party products provided with, integrated with, or incorporated into the Service, including Third Party Data.
“Users” means the individuals authorized by Customer to use the Service in accordance with the terms in the Order Form (including number and type of individuals who may access the Service) and that have been supplied user identifications and passwords by Peregrine.

2. Provision of the Service and Additional Services.

2.1. Service. During the Term and subject to the terms and conditions of this Agreement, including payment of the fees set forth on the Order Form, Customer may: (a) access and use the Service for up to the number of Users set forth in the Order Form, (b) download and reproduce the applicable Documentation solely for internal use in association with the Service, and (c) download, install, and use any Client-Side Software in support of Customer’s

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use of the Service, in each case on a nonexclusive, non-transferable, and non-sublicensable basis and solely for Customer’s internal business purposes. Peregrine shall provide Customer with authentication credentials for individual Users upon written request from authorized personnel of Customer, (ii) onboarding and training services as set forth in the Order Form (“Onboarding and Training Services”), and (iii) telephone and standard technical support to Customer during normal business hours (“Technical Support”). Except as set forth herein, Peregrine shall, at its sole cost and expense, provide all facilities and equipment that may be necessary for Peregrine to perform the Services.

2.2. Professional Services. Except as set forth in the Order Form, in the event that Customer requests that Peregrine perform data integration, configuration or implementation services regarding the Service, including integration of Customer Data or Third Party Data and creation of specific modifications to the Service (but excluding any Onboarding and Training Services), Peregrine will discuss the scope and fees for such services and, if agreed, such work will be performed pursuant to a statement of work executed by the parties and referencing this Agreement that describe such scope and fees (an “SOW,” and such services, the “Professional Services”). Any fees associated with the Professional Services shall be set forth in the applicable SOW and Customer shall pay such fees in accordance with Section 4.2 below. To the extent the Professional Services result in any software code or other tangible work product (“Work Product”), all such Work Product will remain owned solely and exclusively by Peregrine and may be used by Customer solely in connection with Customer’s authorized use of the Service under this Agreement. Customer shall permit Peregrine access to Customer’s offices and any other facilities necessary for Peregrine to provide the Professional Services.

2.3. Access and Policies. Customer will permit Peregrine access to Customer’s offices and any other facilities necessary for Peregrine to provide the Service, Onboarding and Training Services, Technical Support, and any Professional Services. Peregrine agrees to, and cause its personnel to, abide by Customer’s facilities access and use policies as provided by Customer to Peregrine in writing in advance of any on-site visits. Customer will also permit and enable Peregrine to have offsite access to Customer Data and the Customer’s production platform for the Service in order to provide the Service, Technical Support and Professional Services. Peregrine agrees to comply with the CJIS Security Policy in connection with its access to Customer Data, including CJIS-defined policies for remote access.

2.4. Compliance with Applicable Laws. Each party and its agents shall comply with all laws applicable to the performance or receipt, as applicable, of the Service hereunder.

2.5. Licenses and Permits. Peregrine and its employees, agents, and any subcontractors have, and will maintain at their sole cost and expense, all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. In addition to the foregoing, Peregrine and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from Customer as required by law.

2.6. Nondiscrimination and Equal Opportunity. Peregrine shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, genetic information, marital status, sex, sexual orientation, gender or gender identity, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Peregrine under this Agreement. Peregrine shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Peregrine thereby.

2.7. Suspension. Notwithstanding anything to the contrary in this Agreement, Peregrine may temporarily suspend Customer’s and any User’s access to any portion or all of the Service if: (a) Peregrine reasonably determines that (i) there is a threat or attack on the Service; (ii) Customer’s or any User’s use of the Service disrupts or poses a security risk to the Service or to any other customer or vendor of Peregrine; (iii) Customer, or any User, is using the Service for fraudulent or illegal activities; (iv) subject to applicable law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; (v) Peregrine’s

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provision of the Service to Customer or any User is prohibited by applicable law; or (vi) any Customer Data submitted, posted, or otherwise transmitted by or on behalf of Customer or an User through the Service may infringe or otherwise violate any third party’s intellectual property or other rights; (b) any vendor of Peregrine has suspended or terminated Peregrine’s access to or use of any Third Party Products required to enable Customer to access the Service; or (c) if Customer fails to pay any undisputed fees when due (any such suspension described in subclauses (a), (b), or (c), a “Service Suspension”). Peregrine shall use commercially reasonable efforts to provide written notice of any Service Suspension to Customer and to provide updates regarding resumption of access to the Service following any Service Suspension. Peregrine shall use commercially reasonable efforts to resume providing access to the Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Peregrine will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any User may incur as a result of a Service Suspension.

2.8. Third Party Products. Peregrine may from time to time make Third Party Products available to Customer or Peregrine may allow for certain Third Party Products to be integrated with the Service. For purposes of this Agreement, such Third Party Products are subject to their own terms and conditions. Peregrine is not responsible for the operation of any Third Party Products and makes no representations or warranties of any kind with respect to Third Party Products or their respective providers. If Customer does not agree to abide by the applicable terms for any such Third Party Products, then Customer should not install or use such Third Party Products. By authorizing Peregrine to transmit Customer Data from Third Party Products into the Service, Customer represents and warrants to Peregrine that it has all right, power, and authority to provide such authorization.

2.9. Open Source Components. Certain aspects of the Service, such as the Client-Side Software, may contain or be distributed with open source software code or libraries (“Open Source Components”). Peregrine will provide a list of Open Source Components for a particular version of any distributed portion of the Service, such as the ClientSide Software, on Customer’s request. To the extent required by the license applicable to such Open Source Components: (a) Peregrine will use reasonable efforts to deliver to Customer any notices or other materials (such as source code); and (b) the terms of such licenses will apply to such Open Source Components in lieu of the terms of this Agreement. To the extent the terms of such licenses prohibit any of the restrictions in this Agreement with respect to any particular Open Source Component, such restrictions will not apply to such Open Source Component.

To the extent the terms of such licenses require Peregrine to make an offer to provide source code or related information in connection with the Open Source Component, such offer is hereby made. For purposes of clarity, Open Source Components are Third Party Products.

3. Customer Responsibilities.

3.1. Generally. Customer is responsible for all activities that occur under User accounts. Customer also shall: (a) ensure it has all rights necessary for Peregrine to integrate the Customer Data with the Service; (b) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Data; (c) prevent unauthorized access to, or use of, the Service, and notify Peregrine immediately of any unauthorized access or use; (d)_ensure each User has its own unique account on the Service and that Users do not share their account credentials with one another or any third party; and (e) comply with all applicable laws in using the Service. Customer agrees to provide its Users with the applications necessary to run the Service as set forth in the Documentation.

3.2. Use Restrictions. Customer shall not use the Service for any purposes beyond the scope of access granted under this Agreement. Without limiting the generality of the foregoing, Customer shall not, and shall ensure Users do not: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party; (b) send spam or otherwise duplicative or unsolicited messages via the Service; (c) send or store infringing or unlawful material; (d) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (e) interfere with or disrupt the integrity or performance of the Service or the data contained therein; (f) attempt to gain unauthorized access to the Service or its related systems or networks; (g) copy, modify, or create derivative works based upon the Service or any component thereof; (h) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Service or any component thereof; (i) use the Service in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property or other right of any third party or that violates any applicable law; (j)

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access or use the Service for purposes of competitive analysis of Peregrine or the Service, the development, provision, or use of a competing service or product, or any other purpose that is to Peregrine’s detriment or commercial disadvantage; or (k) input, upload, transmit, or otherwise provide to or through the Service any information or materials, including Customer Data, that are unlawful or injurious in any way

3.3. CJIS Requirements. Customer certifies that it and its Users will comply with the following CJIS requirements:
(a) Customer agrees to use training, policy and procedures to ensure Users use proper handling, processing, storing and communication protocols for Customer Data and any Third Party Data; (b) Customer agrees to protect the Service and any Third Party Data by monitoring and auditing staff user activity to ensure that it is only within the purview of system application development, system maintenance and the support roles assigned; (c) Customer will only provide access to the Service and any Third Party Data through Customer-managed role-based access and applied sharing rules configured by Customer; (d) Customer agrees to create and retain activity transaction logs to enable auditing by Peregrine staff, CJIS and any Third Party Data owners; (e) Customer agrees to perform independent employment background screening for its staff at Customer’s own expense; and (f) Customer agrees to reinforce staff policies for creating User accounts with only one Customer domain email address for each User, with exceptions only as granted in writing by Peregrine.

3.4. Operation Restrictions. Under certain circumstances, it may be dangerous to operate a moving vehicle while attempting to operate a laptop, mobile device or other touch screen and any of their applications. Customer agrees that the Users will be instructed to only utilize the interface for the Service at times when it is safe to do so.

Peregrine is not liable for any accident caused by a result of distraction such as from viewing the screen while operating a moving vehicle.

3.5. Customer Logo. Peregrine may use Customer’s name and logo in Peregrine’s lists of customers provided that such use will comply with any standard trademark guidelines provided by Customer to Peregrine.

3.6. Feedback. If Customer or any of its employees or contractors sends or transmits any communications or materials to Peregrine by mail, email, telephone, or otherwise, suggesting or recommending changes to the Service, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Peregrine is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback.

4. Fees & Payment.

4.1. Fees. Customer shall pay the fees for the Service as specified in the Order Form and in any SOWs. All fees are non-refundable except to the extent otherwise expressly set forth in this Agreement.

4.2. Payment Terms. Except as set forth on the Order Form, Customer shall pay all fees within thirty (30) days of Peregrine issuing an invoice.

4.3. Taxes. Peregrine’s fees do not include any local, state, federal or foreign taxes, levies or duties of any nature (“Taxes”). Customer is responsible for paying all Taxes, excluding only taxes based on Peregrine’s income. If Peregrine has the legal obligation to pay or collect Taxes for which Customer is responsible under this section, the appropriate amount shall be invoiced to and paid by Customer unless Customer provides Peregrine with a valid tax exemption certificate authorized by the appropriate taxing authority.

5. Proprietary Rights. The “Peregrine Technology “means (a) the Peregrine name, the Peregrine logo, and other trademarks and service marks; (b) audio and visual information, documents, software and other works of authorship, including training materials; (c) other technology included in the Service, including Client-Side Software, graphical user interfaces, workflows, products, processes, algorithms, know-how and other trade secrets, techniques, designs, inventions and other tangible or intangible technical material or information provided by Peregrine under this Agreement; and (d) the work product or other results of Professional Services. Peregrine owns and shall retain all rights in the Peregrine Technology. Other than as expressly set forth in Section 2.1 above, no license or other rights in or to the Peregrine Technology or related intellectual property rights are granted to Customer or Users, and all such licenses and rights are hereby expressly reserved to Peregrine. For clarity, “Peregrine Technology” does not include Customer Data.

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6. Data Access, Sharing and Security.

6.1. Customer Data. Peregrine may access, reproduce, and use Customer Data to provide the Service, including to provide Technical Support, Onboarding and Training Services and any Professional Services. Customer agrees that Peregrine may generate technical logs, data and insights about Customer’s usage of the Service (e.g., frequency of logins) (“Peregrine Insights”) and may use the Customer Data in aggregated and anonymized form that does not individually identify any person or entity, including Customer or its Users (“Aggregated Data”) for Peregrine’s internal business purposes and to operate and improve Peregrine’s proprietary software and services, and that Peregrine shall own the Peregrine Insights and the Aggregated Data. Peregrine shall destroy Peregrine Insights and Aggregated Data on termination of this Agreement. Peregrine may choose to terminate the provision of any Customer Data via the Service if the provision of such data may be harmful to the Service, as determined by Peregrine in its reasonable discretion.

6.2. CJIS Security Policy. Peregrine has implemented procedures to allow for adherence to the CJIS Security Policy. The hosting facility for the Service uses access control technologies that meet or exceed CJIS requirements.

In addition, Peregrine has installed and configured solid network intrusion prevention appliances for adherence to the CJIS Security Policy.

6.3. Third Party Data. Any Third Party Data that Peregrine may provide via the Service is governed by the third party owner’s retention policy. Peregrine does not provide any warranties with respect to any Third Party Data and Peregrine may choose to terminate the provision of any Third Party Data via the Service if Peregrine’s applicable rights to such Third Party Data terminate or the provision of such data may be harmful to the Service, as determined by Peregrine in its reasonable discretion.

6.4. Processing of Personal Information. Peregrine’s rights and obligations with respect to Personal information it collects directly from individuals are set forth in Peregrine’s Privacy Policy <https://peregrine.io/privacy-policy/>.

Personal Information included within Customer Data and processed by Peregrine on behalf of Customer is governed by this Agreement.

6.5. Sensitive Information; Marking Requirements. To the extent Customer provides Customer Data that Customer considers to be sensitive, proprietary, restricted, or otherwise requiring sensitive treatment (“Sensitive Information”), Customer is solely responsible for providing appropriate markings to designate the applicable Customer Data as Sensitive Information. Customer shall provide Peregrine with documentation and/or instructions in writing with sufficient detail for Peregrine to identify and distinguish content that is Sensitive Information within other provided Customer Data. Customer shall (a) mark Sensitive Information on its face, (b) make the appropriate designations for Sensitive Information in document metadata, (c) provide Peregrine with a table or other list of Sensitive Information that contains sufficient detail to identify the Sensitive Information; or (d) identify Sensitive Information to Peregrine in some other mutually agreed upon method. Peregrine shall not be responsible for failure to designate Sensitive Information with specific access control status based on Customer failure to provide sufficient information to identify Sensitive Information.

7. Confidentiality.

7.1. Definition of Confidential Information. The term “Confidential Information” means all confidential and proprietary information of a party (“Disclosing Party”) disclosed to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including Customer Data, any Third Party Data, the Service, the Documentation, the Peregrine Technology, business and marketing plans, technology and technical information, product designs, and business processes.

7.2. Confidentiality. The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party except to perform its obligations or exercise its rights under this Agreement, except with the Disclosing Party’s prior written permission on a case-by-case basis. Each party agrees to protect the confidentiality of the Confidential Information of the other party in the same manner that it protects the confidentiality of its own proprietary and confidential information of like kind, but in no event with less than reasonable care. If the Receiving Party is compelled by law or a government authority to disclose Confidential Information of the Disclosing Party, it shall

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provide the Disclosing Party with prior notice of such compelled disclosure (to the extent practicable and legally permitted) and reasonable assistance, at Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure.

7.3. Exceptions. The parties’ obligations in Section 7.2 shall not apply to any information that: (a) is or becomes publicly available without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party; or (d) is received from a third party without breach of any obligation owed to the Disclosing Party.

7.4. Public Records Acts. Peregrine acknowledges that Customer is a public entity and may be governed by applicable laws, rules, or regulations relating to public records (each a “Public Records Act”). Nothing in this Section 7 shall prevent Customer from disclosing Confidential Information for purposes of complying with an applicable Public Records Act to the extent legally required.

7.5. Remedies. If the Receiving Party discloses or uses (or threatens to disclose or use) any Confidential Information of the Disclosing Party in breach of this Section 7, the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the parties that such unauthorized disclosure or use may cause irreparable harm to the Disclosing Party for which any other available remedies are inadequate.

8. Warranties & Disclaimers.

8.1. Warranties. Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Peregrine represents and warrants that (i) it will provide the Service in a professional manner consistent with the standards observed by a competent practitioner of the profession in which Peregrine is engaged, and (ii) the Service will perform in accordance with and otherwise substantially conform to its associated documentation.

8.2. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8.1, PEREGRINE MAKES NO WARRANTY OF ANY

KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE, THE PEREGRINE

TECHNOLOGY, ANY THIRD PARTY DATA AND ANY OTHER PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT. PEREGRINE HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9. Indemnification.

9.1. Indemnification by Peregrine. Peregrine shall at its expense defend Customer and its officers, directors, officials, agents, volunteers and employees (“Customer Indemnified Parties”) against any claim made or brought against any Customer Indemnified Party by a third party alleging that the Service as provided to Customer and when used in accordance with this Agreement infringes any intellectual property rights of a third party (each, a “Customer Claim”), and shall indemnify and hold Customer Indemnified Parties harmless from and against any and all liability, loss, damage, claims, expenses, and costs, including without limitation, attorney’s fees, awarded by a court or agreed to by Peregrine in a settlement with respect to such Customer Claim; provided, that Customer (a) promptly gives written notice of the Customer Claim to Peregrine; (b) gives Peregrine sole control of the defense and settlement of the Customer Claim (provided that Peregrine may not agree to any settlement that imposes any liability or obligation on Customer without Customer’s prior written consent, such consent not to be unreasonably withheld, conditioned, or delayed); and (c) provides to Peregrine, at Peregrine’s cost, all reasonable assistance in the defense and settlement of the Customer Claim. Peregrine shall have no obligation under this Section 9.1 or otherwise regarding claims that arise from or relate to (i) Customer’s use of the Service other than as contemplated by this Agreement, (ii) any modifications to the Service made by any entity other than Peregrine (where the liability would not have arisen but for such modification), (iii) any combination of the Service with services or technologies not provided by Peregrine (where the liability would not have arisen but for such combination), (iv) Customer’s use of the Service or portion thereof after Peregrine has terminated this Agreement or such portion of the Service in accordance with this Section 9.1, or (v) Third Party Products. If in Peregrine’s opinion a Customer Claim is likely to be made, or if an existing Customer Claim may cause Peregrine liability, Peregrine may in its discretion (x) obtain a license to enable Customer

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to continue to use the potentially infringing portion of the Service, (y) modify the Service to avoid the potential infringement, or (z) if the foregoing cannot be achieved after using reasonable commercial efforts, terminate the Agreement or the license to the infringing portion of the Service and refund the amount of any pre-paid fees applicable to the portion of the terminated Services to be provided after the termination date.

9.2. Indemnification by Customer. To the extent permitted by applicable law, Customer shall at its expense defend Peregrine and its officers, directors, officials, agents, volunteers and employees (“Peregrine Indemnified Parties”) against any claim made or brought against any Peregrine Indemnified Party by a third party based on: (a) Customer’s or any User’s negligence, gross negligence, fraud, or willful misconduct; (b) Customer’s or any User’s use of the Service in a manner not authorized by this Agreement; or (c) Customer Data or Peregrine’s authorized use of such Customer Data (each, a “Peregrine Claim”), and shall indemnify and hold Peregrine Indemnified Parties harmless from and against any and all liability, loss, damage, claims, expenses, and costs, including without limitation, attorney’s fees, awarded by a court or agreed to by Customer in a settlement with respect to such Peregrine Claim; provided, that Peregrine (i) promptly gives written notice of the Peregrine Claim to Customer; (ii) gives Customer sole control of the defense and settlement of the Peregrine Claim (provided that Customer may not agree to any settlement that imposes any liability or obligation on Peregrine without Peregrine’s prior written consent, such consent not to be unreasonably withheld, conditioned, or delayed); and (iii) provides to Customer, at Customer’s cost, all reasonable assistance in the defense and settlement of the Peregrine Claim.

9.3. Sole Remedy. THIS SECTION 9 SETS FORTH CUSTOMER’S SOLE REMEDIES AND PEREGRINE’S SOLE

LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS BY THIRD PARTIES RELATING TO THE SERVICE OR ITS USE.

10. Limitation of Liability.

10.1. Exclusion of Consequential and Related Damages. EXCEPT FOR A PARTY’S BREACH OF SECTION 7, A PARTY’S INDEMNIFICATION AND DEFENSE OBLIGATIONS, OR A PARTY’S GROSS NEGLIGENCE, FRAUD, OR WILLFUL

MISCONDUCT, IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS,

LOSS OF USE, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL,

INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER

IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

10.2. Liability Cap. IN NO EVENT SHALL PEREGRINE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO

THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING

NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE TOTAL AMOUNTS PAID TO PEREGRINE UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

11. Term & Termination.

11.1. Term of Agreement. This Agreement commences on the Effective Date and continues for the duration of the term set forth on the Order Form (“Term”), unless earlier terminated in accordance with the Order Form or Section 11.2

11.2. Termination for Cause. A party may terminate this Agreement for cause upon thirty (30) days written notice of a material breach to the other party if such breach remains uncured at the expiration of such period. Termination shall not relieve Customer of the obligation to pay any fees accrued or payable to Peregrine prior to the effective date of termination.

11.3. Data. Upon expiration or termination of this Agreement, Peregrine shall have no obligation to maintain or provide any Customer Data or Third Party Data. Unless legally prohibited, Peregrine shall delete all Customer Data in its systems or otherwise in its possession or under its control. Notwithstanding the foregoing or any other provision of this Agreement, Peregrine may use in perpetuity any Aggregated Data.

11.4. Survival. The following provisions shall survive termination or expiration of this Agreement: Sections 4, 5,

6.1, 6.3, 7, 8, 9, 10, 11.3, 11.4, and 12.

12. General Provisions.

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10 Proprietary and Confidential

12.1. Insurance. Peregrine shall maintain the insurance coverages described on Appendix A: Insurance.

12.2. Relationship of the Parties. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third-party beneficiaries to this Agreement.

At all times during the term of this Agreement, Peregrine shall be an independent contractor and shall not be an employee of Customer. Except as Customer may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of Customer in any capacity whatsoever as an agent. Peregrine shall have no authority, express or implied, pursuant to this Agreement to bind Customer to any obligation whatsoever.

12.3. Peregrine’s Books and Records. To the extent required by applicable laws, rules, or regulations, Peregrine shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the Customer under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to Peregrine to this Agreement. All such records shall be maintained in accordance with generally accepted standards and shall be made available for inspection, audit, and/or copying during regular business hours, upon written request of the Customer.

12.4. Force Majeure. Neither party shall be liable by reason of any failure or delay in performance of its obligations under this Agreement (except for the payment of money) on account of events beyond the reasonable control of such party, which may include Internet denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, and material shortages (each, a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, the nonperforming party will be excused from any further performance of its obligations affected by the Force Majeure Event for so long as the event continues and such party continues to use commercially reasonable efforts to resume performance.

12.5. Federal Government. Any use, copy or disclosure of the Service by the U.S. Government is subject to restrictions as set forth in this Agreement and as provided by DFARS 227.7202-1(a) and 227.7202-3(a)(1995), DFARS 252.227-7013(c)(1)(ii)(October 1998), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227(ALT III), as applicable.

12.6. Additional Government Terms. Peregrine acknowledges that Customer may be a public entity and, accordingly, certain additional laws, rules, and regulations may take precedence over the terms and conditions of this Agreement (the “Additional Government Terms”). The Additional Government Terms, if any, are attached hereto as Error! Reference source not found., and will govern to the extent of any conflict with any other term of this Agreement.

12.7. Notices. All notices under this Agreement shall be in writing and shall be deemed to have been given upon:
(a) personal delivery; (b) the second business day after mailing; (c) the second business day after sending by confirmed facsimile; or (d) after confirmed receipt of an email. Notices to Peregrine shall be addressed to the attention of Nick Noone, CEO, Peregrine Technologies, [email protected], with a copy to [email protected]. Notices to Customer are to be addressed to the individual identified in the Order Form.

12.8. Waiver; Cumulative Remedies Severability. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.

12.9. Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior express written consent of the other party. Notwithstanding the foregoing, Peregrine may assign this Agreement, together with all rights and obligations hereunder, without consent of Customer, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its stock or assets that relate to this Agreement. Any attempt by a party to assign its rights or obligations under this Agreement in breach of this section shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

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12.10. Governing Law. This Agreement shall be governed by the laws of California. The state courts located in Contra Costa County, CA or in the United States District Court for the Northern District of California shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts provided that nothing in this Section 12.10 prohibits either party from seeking or obtaining in any jurisdiction injunctive or similar relief in connection with the enforcement of this Agreement.

12.11. Construction. The division of this Agreement into Sections and the insertion of captions and headings are for convenience of reference only and will not affect the construction or interpretation of this Agreement. The terms “this Agreement,” “hereof,” “hereunder” and any similar expressions refer to this Agreement and not to any particular Section or other portion hereof. The parties hereto agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of this Agreement. As used in this Agreement, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation” and “discretion” means sole discretion

12.12. Entire Agreement. This Agreement constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted.

Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order or in any other Customer order documentation (excluding the Order Form) shall be incorporated into or form any part of this Agreement, and all such terms or conditions are hereby rejected and shall be null and void.

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12 Proprietary and Confidential
Appendix A: Insurance
Peregrine, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of the Agreement. The cost of such insurance shall be included in the Peregrine’s bid or proposal. Peregrine shall be fully responsible for the acts and omissions of its subcontractors or other agents.

Workers’ Compensation. Peregrine shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Peregrine in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the Customer upon written verification that Peregrine is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement.

Commercial General and Automobile Liability Insurance
General requirements. Peregrine, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.

Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) covering any auto (Code 1), or if Peregrine has no owned autos, hired (code 8) and non-owned autos (Code 9). No endorsement shall be attached limiting the coverage.

Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis. b. Customer, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of the Peregrine, including materials, parts, or equipment furnished in connection with such work or operations; or automobiles owned, leased, hired, or borrowed by the Peregrine. Coverage can be provided in the form of an endorsement to the Peregrine’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01. c. For any claims related to this Agreement or the work hereunder, the Peregrine’s insurance covered shall be primary insurance as respects the Customer, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the Customer, its officers, officials, employees, agents or volunteers shall be excess of the Peregrine’s insurance and non-contributing.
d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.
e. Peregrine agrees to give at least 30 days prior written notice to Customer before coverage is canceled or modified as to scope or amount.

Professional Liability Insurance.

General requirements. Peregrine, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 per occurrence or claim covering the Peregrine’s errors and omissions.

Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.

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13 Proprietary and Confidential
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Peregrine must purchase an extended period coverage for a minimum of five (5) years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the Customer for review prior to the commencement of any work under this Agreement.

All Policies Requirements.

Submittal Requirements. Peregrine shall submit the following to Customer prior to beginning services:

Certificate of Liability Insurance in the amounts specified in this Agreement; and Additional Insured Endorsement as required for the General Commercial and Automobile Liability Polices.

Acceptability of Insurers. All insurance required by this Agreement is to be placed with insurers with a Bests' rating of no less than A:VII.

Deductibles and Self-Insured Retentions. Insurance obtained by the Peregrine shall have a self-insured retention or deductible of no more than $100,000.

Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

Waiver of Subrogation. Peregrine hereby agrees to waive subrogation which any insurer or contractor may require from Peregrine by virtue of the payment of any loss. Peregrine agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the Customer has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Customer for all work performed by the Peregrine, its employees, agents, and subcontractors.

Subcontractors. Peregrine shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein, and Peregrine shall ensure that Customer, its officers, officials, employees, agents, and volunteers are covered as additional insured on all coverages.

Excess Insurance. If Peregrine maintains higher insurance limits than the minimums specified herein, Customer shall be entitled to coverage for the higher limits maintained by the Peregrine.

Remedies. In addition to any other remedies Customer may have if Peregrine fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, Customer may, at its sole option, order Peregrine to stop work under this Agreement and withhold any payment that becomes due to Peregrine hereunder until Peregrine demonstrates compliance with the requirements hereof, or terminate this Agreement.

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14 Proprietary and Confidential
Appendix B: Provisions for California Public Entities
Compliance with Applicable California Laws. Peregrine shall, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates as determined by the California Department of Industrial Relations.

California Public Records Act. Peregrine acknowledges that Customer is a public entity governed by the California Public Records Act and that nothing in this Agreement shall prevent Customer from disclosing Confidential Information for purposes of complying with the California Public Records Act.

PERS Indemnification by Peregrine. In the event that Peregrine or any employee, agent, or subcontractor of Peregrine providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of Customer, at Peregrine shall indemnify, defend, and hold harmless Customer for the payment of any employee and/or employer contributions for PERS benefits on behalf of Peregrine or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of Customer.

Political Reform Act Conflicts. Peregrine may serve other clients, but none whose activities within the corporate limits of Customer or whose business, regardless of location, would place Peregrine in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. No officer or employee of Customer shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

California State Auditor Requirements. Pursuant to Government Code Section 8546.7, the Agreement may be subject to the examination and audit of the State Auditor for a period of 3 years after final payment under the Agreement.

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CITY COUNCIL AGENDA ITEM NO. E.8
01/14/2025
SUBJECT: Approve the purchase of replacement tables and chairs for the Brentwood Community Center and Brentwood Senior Activity Center from MityLite Inc.

DEPARTMENT: Parks and Recreation
STAFF: Bruce Mulder, Director of Parks and Recreation
Thien Nguyen, Recreation Manager
Diva Santiago, Recreation Coordinator

TITLE/RECOMMENDATION
Adopt a Resolution approving the purchase of replacement tables and chairs for the Brentwood Community Center (BCC) and Brentwood Senior Activity Center (BSAC) from MityLite Inc. and authorize the City Manager or designee to execute necessary documents for a total not to exceed amount of $97,080.01.

FISCAL IMPACT
If approved, the total cost to purchase the replacement tables and chairs of $97,080.01 will be funded by the 2024/25 Facilities Replacement Fund Operating Budget, which has sufficient budget for this purchase.

BACKGROUND
The Brentwood Community Center opened in 2012. Bookings at the facility require the use of tables and chairs. The tables and chairs currently being utilized are the original furnishings that were purchased when the facility opened. The tables and chairs are now showing excessive wear and tear, and are in need of being replaced.

Staff recommends the purchase of four hundred (400) chairs and seventy-three (73) tables for the BCC. In addition, fifteen (15) tables still need to be replaced at BSAC for use in the meeting room and classroom. In Fiscal Year 2021/22, forty (40) rectangular tables and fifteen (15) round tables and two hundred fifty (250) chairs were replaced in the BSAC main hall. It will be most cost effective to purchase these remaining replacement tables at the same time as the order for the BCC.

Staff solicited quotes for the tables and chairs in September 2024 from three vendors, including MityLite Inc., The Seat Co., and Uline. MityLite was the only vendor to respond to the request for quote that met the specifications requested.

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CITY COUNCIL AGENDA ITEM NO. E.8
01/14/2025
Staff requests approval to purchase the replacement tables and chairs from MityLite Inc. in an amount not to exceed $97,080.01.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

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

1. Do not approve staff’s recommendation.

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

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

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ATTACHMENT “1”

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

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING THE PURCHASE OF REPLACEMENT

TABLES AND CHAIRS FOR THE BRENTWOOD COMMUNITY

CENTER (BCC) AND BRENTWOOD SENIOR ACTIVITY CENTER
(BSAC) FROM MITYLITE INC. AND AUTHORIZE THE CITY

MANAGER OR DESIGNEE TO EXECUTE NECESSARY DOCUMENTS
FOR A TOTAL NOT TO EXCEED AMOUNT OF $97,080.01 FUNDED

BY THE FACILITIES REPLACEMENT FUND
WHEREAS, the Brentwood Community Center opened in 2012 and the original tables and chairs that have been in use since that time are showing signs of excessive wear and tear; and
WHEREAS, a number of the tables and all of the chairs at the Brentwood Senior Activity Center were replaced in FY 2021/22 and the remaining tables now need to be replaced due to signs of excessive wear and tear; and WHEREAS, staff solicited quotes from three companies as required by the City’s purchasing policy; and
WHEREAS, MityLite Inc. was the only vendor to respond to the request for quote that met the specifications requested.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby approves the purchase of replacement tables and chairs for the Brentwood Community Center and Brentwood Senior Activity Center from MityLite Inc. and authorizes the City Manager or designee to execute necessary documents for a total not to exceed amount of $97,080.01 from the Facilities Replacement Fund.

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

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CITY COUNCIL AGENDA ITEM NO. E.9
01/14/2025
SUBJECT: Resolution approving Fee Waiver for Be Exceptional for FY 2024/2025, in an amount not to exceed $25,000
DEPARTMENT: Parks and Recreation
STAFF: Darin Gale, Assistant City Manager
Thien Nguyen, Recreation Manager

TITLE/RECOMMENDATION
City staff recommends the City Council adopt a Resolution approving a fee waiver for use of the Brentwood Community Center, Brentwood Senior Activity Center, and the Brentwood Skate Park for inclusive programming and programs designed for persons with disabilities. The fee waiver is requested for FY 2024/25 in an amount not to exceed $25,000.

FISCAL IMPACT
Be Exceptional is requesting a fee waiver in the amount of $25,000 for FY 2024/25.

This is for use of City facilities that include the Brentwood Community Center, Brentwood Senior Activity Center and the Brentwood Skate Park. No budget amendment would be needed with an approval of this fee waiver. Fee waivers do result in less revenue for the General Fund, and there are associated staff costs (such as opening/closing/cleaning facilities) which are not reimbursed.

BACKGROUND
The City of Brentwood Parks, Trails & Recreation Master Plan Update includes several recommendations regarding program accessibility for individuals with disabilities. The recommendations in Section 2.3 of the Master Plan are as follows:
 Develop and receive City Council approval of an Inclusion Policy that is committed to following the guidelines set forth by Title VI and the ADA to ensure that all programs, activities, and services, when viewed in their entirety, are readily accessible to and usable by individuals with disabilities.  Continue to provide opportunities for individuals with disabilities to participate in inclusive programs as well as programs specifically designed for persons with disabilities.

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CITY COUNCIL AGENDA ITEM NO. E.9
01/14/2025
 Coordinate with Contra Costa County to explore options for subsidized transportation to future programming for those with special needs.  Expand inclusion programming to allow participants the opportunity for more “hands on” job training classes to improve their potential for finding employment.
 Explore potential cooperative agreements with other Contra Costa County communities to provide programming opportunities for the developmentally disabled including summer programs, after school programs, independent living programs, and job training programs specific to youth with disabilities.

The Parks and Recreation Department partners with Be Exceptional, a non-profit organization that provides recreational classes and social events for kids, teens and adults with special needs. Be Exceptional has been providing activities for individuals with disabilities at the Brentwood Community Center dating back to March 2021.

Activities have included dance, tumbling, fitness, cheerleading, social skills, skateboarding and events such as parties and dances.

As outlined in Policy No. 10-12: Policy and Procedures For Requests for Use of City City Funds (Attachment 3):
“Fee waiver and/or fee reduction requests over $5,000 must be approved by City Council. These requests will be brought to Council through a staff report/request prepared by the Department Director. In the event a cumulative total of fees waived reach $5,000 for a single organization in any fiscal year, all further requests require City Council approval.”
Staff has reviewed the application and it meets the fee waiver requirements.

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 5: Parks and Recreation Services
Item 4. Expand and enhance recreation opportunities by increasing programming for seniors, youth, and teens; implementing adaptive recreation a. Complete carry over strategic initiatives
i. Adaptive Recreation programming

PREVIOUS ACTION
Previous Action is attached as Attachment 1.

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CITY COUNCIL AGENDA ITEM NO. E.9
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. Not approving a fee waiver would make it challenging for Be Exceptional to continue to offer their events and classes at no cost (free) to clients. The City has worked with Be Exceptional since 2021 and programs such as Exceptionally Fit, Ballet/Jazz, Stage Acting, Exceptional Skate, Holiday Dances, etc. may not be able to continue.

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Policy No. 10-12: Policy and Procedures For Requests for Use of City Funds

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Attachment 1

On February 26, 2019, City Council adopted Resolution 2019-21 accepting the City of Brentwood Parks, Trails & Recreation Master Plan Update.

On February 25, 2020, City Council adopted Resolution 2020-29 accepting the City of Brentwood Strategic Plan FY 2020/21-FY 2021/22.

On July 14, 2020, City Council adopted Resolution 2020-96 to adopt the amended City of Brentwood Strategic Plan FY 2020/21 - FY 2021/22.

On February 9, 2021, City Council adopted Resolution 2021-22 to restore the adaptive recreation Strategic Plan Initiative and requesting staff to engage a consultant in an amount not to exceed $20,000, to review current recreation programing and make recommendations to increase inclusion and accessibility.

On November 8, 2022, City Council adopted Resolution 2022-140 approving a fee waiver for Be Exceptional for Fiscal Year 2022/23 in an amount not to exceed $25,000.

On February 14, 2023, City Council adopted Resolution 2023-18 approving and adopting the revised City of Brentwood Strategic Plan for FY 2022/23 - FY 2023/24.

On November 14, 2023 City Council adopted Resolution 2023-135 approving a fee waiver for Be Exceptional for Fiscal Year 2023/24 in an amount not to exceed $25,000.

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING A FEE WAIVER FOR “BE
EXCEPTIONAL” IN AN AMOUNT NOT TO EXCEED $25,000.

WHEREAS, Council/Administrative Policy No. 10-12, Policy and Procedures for Requests for Use of City Funds states that fee waiver and/or fee reduction requests over $5,000 must be approved by City Council; and
WHEREAS, the Parks & Recreation Department partnered with Be Exceptional, a non-profit organization that provides recreational classes and social events for kids, teens and adults with special needs; and
WHEREAS, on November 8, 2022, City Council adopted Resolution 2022-140 approving a fee waiver for Be Exceptional for Fiscal Year 2022/23 in an amount not to exceed $25,000; and
WHEREAS, on November 14, 2023, City Council adopted Resolution 2023-135 approving a fee waiver for Be Exceptional for Fiscal Year 2023/24 in an amount not to exceed $25,000; and
WHEREAS, staff recommends approving a fee waiver for Be Exceptional for Fiscal Year 2024/25 in an amount not to exceed $25,000 in order to continue to expand opportunities for individuals with disabilities to participate in inclusive programs, as well as programs specifically designed for persons with disabilities; NOW, THEREFORE BE IT RESOLVED that the City Council approves a fee waiver for Be Exceptional for use of the Brentwood Community Center, the Brentwood Senior Activity Center, and the Brentwood Skate Park in an amount not to exceed $25,000 for Fiscal Year 2024/25.

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

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COUNCIL/ADMINISTRATIVE POLICY
Subject:

Policy and Procedures For Requests for
Use of City Funds
Policy No: 10-12 Date: August 9, 2022
Resolution No: 2022-101 Page 1 of 6
________________________________________________________________________

CITY OF BRENTWOOD

PURPOSE
The City of Brentwood recognizes the value of partnering with other agencies and organizations in providing services that benefit the community and its residents. To that end, non-profit agencies, intergovernmental agencies or community groups that provide community benefit as approved by the City Manager or designee may be granted a reduction and/or waiver of fees that are included in the approved Cost Allocation Plan for use of City property, such as City buildings, building maintenance or use of ball fields. Certain fees for permits, crowd control and solid waste services may also be waived. In an additional effort to support those organizations that provide valuable community services for the public benefit, the following policy has been established to determine when consideration will be given for requests for use of City funds, and any limitations associated with those requests.

POLICY
Priorities and Requirements:
 Fee waivers and/or reductions or donations are primarily made to local organizations based in the City of Brentwood. Agencies based in neighboring communities that serve a significant number of City of Brentwood residents may also apply. National agencies will most likely not be considered.  Fee waivers and/or reductions or donations are made only to organizations as described within this Policy.
 Applications for specific programs, events, equipment needs or general operational support will receive special consideration if they fall under one of the Council Two-Year Strategic Initiatives. The City Council Two-Year Strategic Plan that contain these goals can be found on the Internet under “City Council”.
 Special consideration will be given to events for which matching funds have been secured.
 Requests for funding must be made in writing by using the application form.

Donation and Fee Waiver and/or Fee Reduction Requests:

Requests are made through completion of a “Request for Fee waiver and/or Fee Reduction/Donation” application. Requests are considered on a case-by-case basis as outlined in this document.

Donations and Fee Waiver and/or Fee Reduction Requests will not be granted for the following expenses:
 Office or administrative overhead/staff salaries of the requesting organization.

With the exception of: Contra Costa County Library, Delta Community Services Inc. and Contra Costa County Senior Nutrition Program as approved by the City Council.

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COUNCIL/ADMINISTRATIVE POLICY
Subject:

Policy and Procedures For Requests for
Use of City Funds
Policy No: 10-12 Date: August 9, 2022
Resolution No: 2022-101 Page 2 of 6
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CITY OF BRENTWOOD
 Capital Equipment or Capital Projects, which includes the purchase or construction of fixed assets, such as land, buildings and any permanent improvements.
 Rental of space other than City owned or operated facilities.

Request for Fee Waiver and/or Fee Reduction Application Procedures Fee waiver requests under $5,000 for the use of City facilities, equipment, and/or services for a special event held on, or impacting, public right of way may be waived by the respective Department Director or his/her designee. Fee waiver and/or fee reduction requests over $5,000 must be approved by City Council. These requests will be brought to Council through a staff report/request prepared by the Department Director. In the event a cumulative total of fees waived reach $5,000 for a single organization in any fiscal year, all further requests require City Council approval. ALL fee waiver and/or fee reduction requests must be made in writing by using the application form and must fall under one of the following categories:

Intergovernmental Cooperation
Department Sponsored Program
Financial Hardship / Non-Profit
Private Community Benefit
Fees may be waived and/or reduced for events and programs if the Director determines that all of the following criteria are met:

1. The organization is a non-profit organization as described by the Internal Revenue Service Section [Example Codes 501(c)(3), 501(c)(6)], or is an intergovernmental agency providing service within the City of Brentwood or community groups that provide community benefit as approved by the City Manager or designee.

2. The organization provides proof it is a valid non-profit or community service organization serving the citizens of Brentwood;

3. The imposition of fees would create a financial hardship on the organization or would have a detrimental effect upon the services provided to the public;

4. The service provided by the City is within the scope of services normally provided by the respective Department;

5. Appropriate recognition as co-sponsor or partner of the event or program is provided for the City of Brentwood on all promotional materials and at the event or program. All promotional materials representing the City must follow the graphic standards guidelines;

6. The program or event is determined by City Council, the City Manager or the appropriate Department Director to provide a public benefit and be of significant value to the community or to a significant portion of its residents;

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COUNCIL/ADMINISTRATIVE POLICY
Subject:

Policy and Procedures For Requests for
Use of City Funds
Policy No: 10-12 Date: August 9, 2022
Resolution No: 2022-101 Page 3 of 6
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CITY OF BRENTWOOD

7. All resources provided by the City in sponsorship of the event must be provided for within the Department’s current budget allocations, without a reduction of services;

8. The event or program complies with the City Council Administrative Policy, 20- 23 that prohibits unlawful workplace discrimination and harassment. Whether the event or program is in compliance with the City’s policy will be determined by the appropriate Department Director and may be appealed pursuant to the terms of this Policy;

9. It is determined that the proposed event or program will have no significant impacts on the facilities or department activities, that the applicant will provide volunteer services and materials to mitigate any impacts created by the event or program, or that the impacts are adequately offset by the public benefit provided by the program or event;

10. Contractor or event sponsor shall hold harmless, defend and indemnify the City of Brentwood (City) and its officers, officials, employees, and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with contractor’s or event sponsor’s performance or work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City. A hold harmless agreement form is included within the application and shall be signed by the applicant and/or event sponsor/contractor.

11. A certificate of insurance or statement of self-insurance must be provided by the applicant. Minimum limits of insurance are $1,000,000 for General Liability and Automobile Liability. Workers' Compensation and Employer's Liability limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if organization has no employees. In most cases, the insured party will need to supply an endorsement naming the City of Brentwood as additional insured. This documentation must be provided to the City at least fourteen (14) business days prior to the start of the event.

Any exceptions to the insurance requirement must be approved in writing by the Director of Human Resources/Risk Manager or designee.

12. Scheduling and use of facilities and events are subject to availability of requested facilities and do not have preference over City programs and activities or previous commitments to outside parties.

13. Reasonable steps shall be made by the applicant to minimize impacts to City facilities, programs, and residents.

14. Failure to abide by the rules and procedures as set forth in this document will result in the respective applicant being denied for funding and ineligible to request future fee waiver and/or fee reductions or donations for one year, at

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COUNCIL/ADMINISTRATIVE POLICY
Subject:

Policy and Procedures For Requests for
Use of City Funds
Policy No: 10-12 Date: August 9, 2022
Resolution No: 2022-101 Page 4 of 6
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CITY OF BRENTWOOD
which point an application for funding may be requested in accordance with this Policy.

Request for Donation Application Procedures
Donation requests under $1,000 may be approved by the respective Department Director or his/her designee. Donation requests over $1,000 must be approved by City Council. These requests will be brought to Council through a staff report/request prepared by the Department Director. In the event a cumulative total of donations reach $1,000 for a single organization in any fiscal year, all further requests require City Council approval. ALL requests for a donation of funds from the City of Brentwood must be made in writing to the appropriate department Director (the department providing the waiver and/or donation) using the application form. Staff will submit their recommendation for approval or denial to City Council via a staff report, provided the request meets the following criteria. All requests will be considered on a case-by-case basis, following the standards below:

For all donation requests, the following standards will apply:

1. Good cause exists that a donation is necessary or an activity/event will not take place. This includes a clearly stated public purpose and public benefit of the event and request, identifying the target population who will be served and how this relates to support of City funds.

2. Applicant must demonstrate it has the managerial and fiscal competence to complete the project/event and give evidence that it has pursued other sources of financial support.

3. If the organization or purpose of the event/activity is for a population greater than the City of Brentwood City limits, evidence must be given as to how funds are secured for those who live outside the City limits.

4. The event or program complies with City Council Administrative Policy, 20-23 that prohibits unlawful workplace discrimination and harassment. Whether the event or program complies with the City’s policy will be determined by the appropriate Department Director and may be appealed pursuant to the terms of this Policy.

5. A hold harmless agreement form is included within the application and shall be signed by the applicant and/or event sponsor/contractor. Contractor or event sponsor shall hold harmless, defend and indemnify the City of Brentwood (City) and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with contractor’s or event sponsor’s performance or work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

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COUNCIL/ADMINISTRATIVE POLICY
Subject:

Policy and Procedures For Requests for
Use of City Funds
Policy No: 10-12 Date: August 9, 2022
Resolution No: 2022-101 Page 5 of 6
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CITY OF BRENTWOOD

6. A certificate of insurance or statement of self-insurance must be provided by the applicant.

Minimum limits of insurance are $1,000,000 for General Liability and Automobile Liability. Workers’ Compensation and Employer’s Liability limits as required by the California Labor Code and Employer’s Liability limits of $1,000,000 per accident for bodily injury. Workers’ Compensation and Employer’s Liability insurance will not be required if organization has no employees. In most cases, the insured party will need to supply an endorsement naming the City of Brentwood as additional insured. This documentation must be provided to the City at least fourteen (14) business days prior to the start of the event.

Any exceptions to the insurance requirement must be approved in writing by the Director of Human Resources/Risk Manager or designee.

7. Scheduling and use of facilities and events are subject to availability of requested facilities and do not have preference over City programs and activities or previous commitments to outside parties.

8. Reasonable steps shall be made by the applicant to minimize impacts to City facilities, programs, and residents.

9. Within 30 days of completion of any event in which a donation was received, the applicant will provide a written report to the respective Director of the event, to include at a minimum: number of participants; event revenue and expenses; copies of all publicity of the event; any benefit to the community and an accounting of where/when/how the proceeds of the event will be dispersed.

10. Failure to abide by the rules and procedures as set forth in this document will result in the respective applicant being denied for funding and ineligible to request future fee waiver and/or fee reductions or donations.

NOTE: Economic Development Grants may be applied for separately, using the Economic Development Program Grant Application form. Contact the Economic Development Division, at (925) 516-5441 for additional information.

City Council Member/Family Donation, Fee Waiver and/or Fee Reduction Requests
No City Donations, Fee Waiver, and/or Fee Reduction shall be available to any of the following individuals or entities:

1. The Mayor or any City Council Member (individually, each being an “Elected Official”)

2. Any Elected Official’s spouse or registered domestic partner

3. Any Elected Official’s dependent children

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COUNCIL/ADMINISTRATIVE POLICY
Subject:

Policy and Procedures For Requests for
Use of City Funds
Policy No: 10-12 Date: August 9, 2022
Resolution No: 2022-101 Page 6 of 6
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CITY OF BRENTWOOD

4. Any organization for which individuals listed in 1-3 above either a. Serve on the board of directors or other governing body or b. Receive any financial benefit
Appeals
All decisions of the Department Director may be appealed to the City Manager for review. All appeals must be made in writing within ten (10) days following a determination or denial of a request. The City Manager’s decision will be final.

Auditing
Staff will provide to the Finance Division all pertinent documentation required to support the Donation, Fee Waiver, and/or Fee Reduction. Finance Division staff will provide a yearly report to the City Council in September each year regarding all fee waivers and/or fee reductions and donations that have been approved or implemented during the previous fiscal year.

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CITY COUNCIL AGENDA ITEM NO. XX
01/14/2025
SUBJECT: An amendment to the Brentwood Municipal Code to update Chapter 5.68 (Mobile Vending) and an amendment to Chapter

17.850 (Temporary Use Permits)
DEPARTMENT: Community Development Department
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager
Jennifer Hagen, Senior Planner

TITLE/RECOMMENDATION
Waive the first reading and introduce:

2. An ordinance approving an amendment to Brentwood Municipal Code Chapter 5.68 (Mobile Vending) to establish new mobile vending regulations.

FISCAL IMPACT
If the Ordinances changes are approved, any fees for permits or revenue from business license tax certificates would be deposited into the General Fund. If approved, any new fees for permits would be submitted for approval by the City Council at a future meeting and would most likely be similar to recently adopted fees for sidewalk vending permits ($135 annually). Business license tax and fees are already included in the City’s FY2023/24 Cost Allocation Plan. The amount of revenue collected will depend on the fee amount proposed and the volume of mobile vending activity, but is not expected to have a material impact on overall General Fund revenues.

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Any revenue generated by administrative citations for enforcement of the proposed Ordinances would be deposited into the General Fund.

BACKGROUND

CITY COUNCIL DIRECTION
On February 27, 2024, the City Council considered a new ordinance regulating Sidewalk Vending (Ordinance No. 1069) and a new ordinance repealing and replacing the City’s regulations related to Mobile Vending (Ordinance No. 1070) in order to comply with new State laws and to adopt new standards to protect public health and safety. Since the proposed amendments were not part of the City’s Zoning Ordinance, the amendments were not presented to the Planning Commission and were reviewed directly by the City Council that evening. The City Council provided direction related to the Mobile Vending Ordinance, including directing staff to work on additional amendments and regulations for long-term mobile vending facilities that may be considered as part of the focused zoning ordinance update within Title 17.

Upon the second reading of both ordinances on March 12, 2024, the City Council adopted the Sidewalk Vending Ordinance, but reopened consideration of the Mobile Vending Ordinance and continued the item to a future date, and directed continued discussion of the ordinance to the Land Use and Development (LUD) committee.

LAND USE AND DEVELOPMENT COMMITTEE (LUD) DIRECTION
On May 29, 2024, LUD provided recommendations on regulations for long-term mobile vending facilities that would be included in Chapter 17.850 (Temporary Use Permits) in order to create a process for mobile vending facilities to operate for longer timeframes than the time limits proposed in the draft Chapter 5.68. Since the updates proposed would be within Title 17, the Planning Commission was required to consider and make a recommendation on the proposed amendments to Chapter 17.850 prior to the amendments being presented to the City Council.

PLANNING COMMISSION ACTION
The Planning Commission considered the amendments to Chapter 17.850 at a public hearing at its regular meeting of September 3, 2024, and was supportive of the requested text amendments. The Planning Commission agreed that the proposed amendments related to commissaries and long-term mobile vendors would help to provide greater opportunities for new mobile vending facilities that did not fit within the new specified guidelines outlined in Chapter 5.68 since the operational

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characteristics of long-term mobile vendors and commissaries are different than vendors that move regularly. The Planning Commission unanimously adopted Resolution No. 24-035, recommending that the City Council approve the amendments (RZ 24-004), amending Chapter 17.850 (Temporary Use Permits) to add regulations related to Long-Term Mobile Vending Facilities and Commissaries.

CITY COUNCIL CONTINUANCE
On October 22, 2024, this item was agendized to be considered by the City Council.

Prior to the hearing, staff became aware that one of the proposed regulations within the new Mobile Vending Ordinance required further research requesting a continuance, and thus the City Council authorized a continuance of the item to a date uncertain. Staff completed the review in accordance with State law and modified the proposed ordinance as described further in this report.

ANALYSIS
CHAPTER 5.68 (MOBILE VENDING)
The current Mobile Vending Ordinance (Mobile Vending--BMC 5.68) had not been revised since 1996 and is outdated relative to state law and the types of mobile vending prevalent in Brentwood. The current ordinance lacks precise definitions of the different types of mobile vendors, is inconsistent with the State’s new sidewalk vending regulations, does not specify hours of operation in residential zones, and does not address special events or vending of prohibited materials (e.g., drug paraphernalia or fireworks). Staff is recommending the repeal and replacement of the current ordinance in its entirety due to the number of changes proposed.

The proposed new Mobile Vending from Motorized Vehicles Ordinance (attached) includes more precise definitions, new regulations for hours of operation, and requires a new type of permit from the City, in addition to a business tax certificate.

The proposed ordinance allows these types of businesses to operate in the City, but creates robust new standards that are clearer and easier to understand for both residents and businesses and are more enforceable. Below are some, but not all, of the updated regulations.
 Contra Costa County health permit requirement, if applicable;  City permit and business tax certificate requirement and payment of all applicable fees;
 Identification documentation requirements;
 Location and siting requirements, including distance from certain locations and other mobile vendors, and time restrictions;
 Placing hours of operation restrictions;

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 Liability insurance requirement in the amount of $1 Million;  Compliance with the City’s sign regulations and noise regulations mandatory;  Prohibitions on vending of 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);
 Violations of the ordinance are classified as a misdemeanor; and  Adding a definition for a long-term mobile vending facility, which would need to comply with requirements contained in Title 17 (Zoning) of the Brentwood Municipal Code.

LUD Recommended Changes to Proposed Ordinance
Based on LUD recommendations, the following changes have been incorporated into the attached Ordinance, modifying the version reviewed by the City Council in March 2024:
 Added a separate restrictive category prohibiting registered sex offenders from obtaining permits;
 Changed the allowable hours to operate a mobile vending facility within the public right-of-way in one spot from two (2) hours to three (3) hours;  Added a provision prohibiting mobile vending on private property or within the public right-of-way within the Downtown Specific Plan – Downtown Core District (Attachment 2), unless approved as part of a Temporary Special Permit.
 Added a separation requirement on private property or within the right-of-way within 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.
o It should be noted that LUD recommended a separation requirement of three hundred (300) feet. After reviewing this recommendation with legal counsel, legal counsel recommended reducing the distance to 100 feet based on the potential of the larger distance to mostly, or completely, ban food trucks city-wide.
 Added provisions prohibiting mobile vending on private property or within the public right-of-way within three hundred (300) feet from any single-family residentially zoned property, measured from the location of the mobile vending facility to the residential structure.

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o It should be noted that LUD recommended a separation requirement of three hundred (300) feet for both private property and within the public right-of-way. While this requirement on private property may be acceptable, imposing this within the public right of way could mostly, or completely, ban food trucks city-wide. Based on this, staff has revised the requirement to instead limit operations within 300 feet of residentially zoned property to between the hours of 11:00 am to 2:00 pm Monday-Friday and 8:00 am to 9:00 pm Saturday and Sunday.

Time Limits
Mobile vending facilities are moveable, located outside, and must be moved to a commissary at night. They may be temporary uses, or, if they comply with the requirements of BMC Title 17, may operate as a long-term mobile vending facility.

Section 5.68.050(M), Operating Regulations, stipulates that, except for long-term mobile vending facilities, mobile vending shall not occur on the same private property more than cumulative four (4) days within a thirty-day period. BMC Title 17 will govern the term allowed for a long-term mobile vending facility.

There may be circumstances where mobile vending facilities could operate for a longer period of time or on a semi-permanent basis; this could potentially include during a restaurant remodel or as part of a new development project that includes an on-site commissary. Staff is proposing the below amendments to Chapter 17.850 (Temporary Use Permits) to address these circumstances.

Effective Date
As described below, staff conducted extensive public outreach for this City Council hearing and will conduct additional outreach to mobile vendors if the ordinance is adopted by the City Council. The attached Mobile Vending Ordinance includes an effective date of March 1, 2025. If adopted, the ordinance’s later effective date will allow staff time to conduct outreach to the effected businesses and allow those businesses additional time to prepare for obtaining a permit from the City.

CHAPTER 17.850 (TEMPORARY USE PERMITS)
Operational characteristics of long-term mobile vendors and commissaries are different than vendors that move regularly. “Long-term mobile vending facilities” are defined as those:
that operate on a longer-term than allowed in Chapter 5.68, not shortterm basis, that are allowed by the underlying non-residential zoning district, are an ancillary use to a primary use on the property, or that

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cannot meet all requirements as outlined in Chapter 5.68, and comply with all the requirements contained in Title 17 (Zoning) of the Brentwood Municipal Code.

Long-term mobile vending facilities include those that wish to remain on the private or public property more than the number of hours or days allowed in Chapter 5.68.

Based on the unique operating characteristics, staff recommends that a new approval process and new regulations for these operations be incorporated into Title 17.

Aspects of Chapter 5.68 (e.g., the requirement for a mobile vending license) would still apply, but new zoning regulations would create additional land use regulations and standards applicable only to long-term mobile vending facilities and commissaries. Applying the relevant sections of Chapter 5.68 and new zoning regulations to long-term mobile vending facilities and commissaries would ensure consistency of regulations for these facilities, as well as ensure their safe and sanitary operation on a long-term basis.

Temporary Review Process
Staff is recommending modifications to Brentwood Municipal Code Chapter 17.850 (Temporary Use Permits (TUP)) (attached) in order to establish clear and concise criteria by which to review and approve long-term mobile vending facilities and commissaries with associated mobile vending facilities. Permitting long-term mobile vending facilities and commissaries through the TUP process allows the City greater flexibility in approving, denying, and/or revoking permits. Major TUPs are reserved for larger events or applications, while minor TUPs are considered more routine in nature. Applicants would be required to apply for a major TUP upon initial submittal and would be allowed to apply for a minor TUP for subsequent renewals each year.

This would allow the City to review each permit on an annual basis prior to renewal.

Long-Term Mobile Vending Standards
In addition to the need for updated regulations for mobile vendors that are only at a location for a short amount of time, there is a need for new regulations that apply specifically to mobile vendors that may be able to operate for longer timeframes than the time limits proposed in the draft Chapter 5.68.

LUD recommended that the following general parameters for long-term mobile vending zoning regulations be included in revisions to Chapter 17.850.

1. Setbacks. Long-term mobile vending facilities would be required to be at least five feet from the edge of any driveway or public sidewalk, utility boxes and

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vaults, handicapped ramp, building entrance, exit or emergency access/exit way, or emergency call box and a minimum of 15 feet in all directions of a fire hydrant.

2. Parking requirements. Long-term mobile vending facilities would only be permitted 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 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 must be removed at the end of each business day and may not be permanently erected outside of business operations. 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 safety 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 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.

Commissaries
In addition to the need for updated regulations for mobile vendors that operate and sell within the City, there is a need for regulations for mobile vendors that utilize an existing commercial building as a commissary and remain onsite overnight, which is not permitted under general regulations outlined in the draft Chapter 5.68.

A “Commissary” is defined as:

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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.

TUP approval would be required to allow a mobile vending facility to remain on-site overnight, when associated with an on-site commissary.

Staff is recommending the following general parameters for commissary and associated long-term mobile vending facilities:

1. Ownership. 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 TUP process per 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 facility and associated seating, if any, must also be located outside any parking or loading space 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.

COMMUNITY OUTREACH
Prior to each of the public meetings on this topic (February 27, 2024 City Council meeting; May 29, 2024 LUD meeting; and September 3, 2024 Planning Commission meeting), additional public outreach to current mobile vendors was done that resulted in several vendors providing comments and recommendations on the draft Ordinance. Prior to this City Council meeting, a notification letter was mailed and emailed to 74 businesses that City staff identified as Mobile Vendors with either an

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active City of Brentwood Business Tax Certificate, or individuals who expressed interest in obtaining information regarding upcoming revisions. The letter included details regarding the proposed municipal code revisions, the date/time of the City Council meeting, information about when/where the agenda with the draft ordinances would be available, as well as information pertaining to submitting public comments.

The letter was also shared with the Downtown Brentwood Coalition, the Chamber of Commerce, and the Foodie Crew, as they provide mobile food vendor event planning services.

If the City Council adopts the new ordinances, Community Development staff will conduct further outreach to the businesses impacted by the new regulations. This will include making contact with businesses directly, social media posts, and advertisements in local publications. A Mobile Vending brochure will be circulated.

More detailed information regarding how to obtain a Mobile Vending permit with a link to the applications will also be available on the City’s website. Community Development staff will continue to collaborate with other departments involved with both Mobile Vendors and Sidewalk Vendors, including Finance, Police and Parks & Recreation.

CONCLUSION
If adopted, these proposed ordinance amendments will assist in the City in regulating mobile vending, while also safe-guarding the flow of pedestrian movement on public and private sidewalks and in the public right-of-way, and guard against interference with the performance of police, firefighter, and emergency medical personnel services. In addition, this amendment will provide greater clarity to Community Enrichment staff 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.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
The City of Brentwood published a public hearing notice in the Brentwood Press on December 20, 2024.

ENVIRONMENTAL DETERMINATION

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The proposed ordinances are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption - in that the proposed ordinances would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities. There is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment. None of the circumstances described in CEQA Guidelines Section 15300.2 applies.

In addition to CEQA Guidelines Section 15061(b)(3), the proposed ordinances would also be exempt from the CEQA pursuant to CEQA Guidelines Section 15311(c) in that the proposed ordinances relate 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. Finally, the ordinances are not a “project” and have no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 Cal. Code Regs. § 15378(a).

ATTACHMENT(S)

1. Previous Actions

2. Downtown Specific Plan – Downtown Core District Map

3. Draft Ordinance Chapter 5.68 (Mobile Vending)

4. Draft Ordinance Chapter 17.850 (Temporary Use Permits)

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On July 12, 1994, the City Council adopted Urgency Ordinance No. 590, establishing a temporary moratorium on use permits for vending operations.

On August 23, 1994, the City Council adopted Ordinance No. 544, extending the moratorium on the processing of new use permits for mobile vending operations for an additional ten months and fifteen days.

On December 27, 1994, staff returned to the City Council seeking direction regarding ordinance regulations pertaining to mobile vending operations. Council directed staff through the Planning Commission to develop an ordinance to regulate mobile vending operations.

On April 25, 1995, the City Council conducted a public hearing on the introduction of Ordinance No. 551, Mobile-Vending, which was proposed by the Planning Commission to establish processing procedures, design and location guidelines for mobile vendors.

The City Council declined to adopt Ordinance No. 551, and directed staff to develop an alternate ordinance restricting motorized vending to two hours per day per location.

On May 30, 1995, the City Council approved the introduction and waived the first reading of Mobile Vending Ordinance No. 554.

On June 13, 1995, the City Council adopted Ordinance No. 554, establishing business license requirements and standards for mobile vending with an effective date of October 1, 1995.

On February 27, 2024, the City Council considered the first reading and adoption of a new ordinance regulating Sidewalk Vending (Ordinance No. 1069) and a new ordinance repealing and replacing the City’s regulations related to Mobile Vending (Ordinance No. 1070).

On March 12, 2024, the City Council adopted the Sidewalk Vending Ordinance (Ordinance No. 1069), but continued the Mobile Vending Ordinance to a future date.

On October 22, 2024, this item was scheduled to be considered by the City Council.

In order to do further research and analysis, this item was continued to a date uncertain.

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Downtown Specific Plan – Downtown Core District
Mobile vending on private property or within the public right-of-way would be prohibited within the Downtown Core District (shown in red on the map below), unless approved as part of a Temporary Special Permit.

Attachment 2

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ORDINANCE NO. 1070

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF BRENTWOOD, CALIFORNIA, REPEALING AND
REPLACING CHAPTER 5.68 OF THE BRENTWOOD

MUNICIPAL CODE REGARDING MOBILE VENDING

AND DECLARING THE ORDINANCE EXEMPT FROM
CEQA
WHEREAS, the City of Brentwood, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; 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
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 City Council finds that the regulation of mobile vendors engaged in the sale of food and food products will help to ensure that mobile vendors

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Brentwood City CouncilJanuary 14, 2025

Brentwood City Council
January 14, 2025