Brentwood City Council
January 28, 2025

CITY COUNCIL AGENDA ITEM NO. G.1
01/28/2025
JADUs as a priority during the 2023-2031 planning period. The Housing Element sets goals and priorities of community housing needs based on the Regional Housing Needs Assessment (RHNA). Below is an excerpt from the Housing Element (page 4- 3) related to one of the implementing actions adopted by the City Council:

Action H.1b: Accessory Dwelling Units
The City is projecting 14 ADUs per year throughout the planning period – this is based on development trends since 2019 and does not exceed the total average. The City shall support and accommodate the development of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) during the 2023-2031 planning period to meet projection figures detailed in Appendix B of this Housing Element.

Objectives:
 Amend the ADU ordinance to comply with State law.
 Implement a permit-ready ADU program (pre-approved ADU plans that do not require additional review).
 Post a user-friendly FAQ on the City’s website to assist the public and advertise ADU resources across online social media platforms.  Create an expedited plan check review process.
 Research potential State and Regional funding sources for affordable ADUs and make information publicly available.

Timing: Amend the ADU ordinance by January 2025; Implement remaining objectives by January 2026; review ADU development annually; make program changes, if necessary, within six months
Responsible Agency: Community Development Department
Funding Source: General Fund
Staff drafted the proposed ordinance largely to comply with the implementing action referenced above. The proposed ordinance will also help meet the goals of improving the existing housing supply, facilitating the development of ADUs and JADUs as an alternative housing type, and imposing only those governmental constraints on the development of new housing as permitted by State law. ADUs and JADUs tend to be utilized by a range of individuals and income levels, including seniors, single parents, small families, and young individuals, and making their construction and use more accessible will provide additional citywide housing options for all segments of the community.

CITY COUNCIL AGENDA ITEM NO. G.1
01/28/2025

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action taken by the Planning Commission and City Council is included in Attachment 1.

DATE OF NOTICE
The City published a notice of public hearing in the Brentwood Press on January 3, 2025.

ENVIRONMENTAL DETERMINATION
The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code, Section 15282 of the CEQA Guidelines, and Section 15061(b)(3) of the CEQA Guidelines.

ALTERNATIVE OPTION
Alternative option to staff’s recommendation:

1. Do not adopt the ordinance. State law is, however, in effect regardless of the City’s adoption of the ordinance and thus the City would be required to permit ADUs and JADUs that meet the standards provided by state law. Without an updated ordinance, the City cannot apply local standards (e.g., height requirements and underlying zoning requirements that do not conflict with the statute) to ADUs that are not "state exempt." (Note: local standards are generally not applicable to state exempt ADUs).

ATTACHMENTS

1. Previous Actions

2. Draft Ordinance

3. Exhibit A to Draft Ordinance

4. Excerpt from ADU Ordinance – New Chapter 17.715

ATTACHMENT 1

PREVIOUS ACTIONS
Previous actions related to this agenda item that were taken by the Planning Commission and City 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 October 7, 2003, the Planning Commission adopted Resolution No. 03-77, recommending the City Council approve a rezone (RZ 03-13) to amend the Secondary Dwelling Unit ordinance to establish criteria in compliance with recently enacted State legislation.

On January 13, 2004, the City Council adopted Ordinance No. 769, to amend the Secondary Dwelling Unit ordinance to establish criteria in compliance with recently enacted State legislation.

On May 2, 2017, the Planning Commission adopted Resolution No.17-024, recommending that the City Council approve a rezone (RZ 17-03) to amend the Accessory Dwelling Unit ordinance to establish criteria in compliance with recently enacted State legislation.

On June 13, 2017, the City Council adopted Ordinance No. 991, to amend the Accessory Dwelling Unit ordinance to establish criteria in compliance with recently enacted State legislation.

On December 1, 2020, the Planning Commission adopted Resolution No. 20-044, recommending that the City Council approve a rezone (RZ 20-006) to amend sections 17.030.030, 17.100.005, and 17.620.007 of the Brentwood Municipal Code, updating the development regulations pertaining to accessory dwelling units, consistent with recent changes in State law.

On January 26, 2021, the City Council adopted Ordinance No. 1021, approving RZ 20-006.

On December 6, 2022, the Planning Commission adopted Resolution No. 22-029, recommending that the City Council adopt an Ordinance approving a Zoning Text Amendment (RZ 22-001), which would repeal and replace Section 17.100.005 of the Brentwood Municipal Code with a new Section 17.100.005 governing Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).

On January 24, 2023, the City Council adopted Ordinance No. 1052, approving RZ 22-001.

On December 3, 2024, the Planning Commission held a public hearing to consider the draft ordinance. The Planning Commission unanimously adopted a motion to decline making a recommendation that the City Council adopt the ordinance.

1 ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING A ZONING TEXT AMENDMENT
(RZ 24-009) TO VARIOUS SECTIONS OF THE BRENTWOOD

MUNICIPAL CODE, INCLUDING AMENDING SECTION

17.030.030 (DEFINITIONS), REPEALING SECTION

17.100.005 (ACCESSORY DWELLING UNITS), ADDING
CHAPTER 17.715 (ACCESSORY DWELLING UNITS AND

JUNIOR ACCESSORY DWELLING UNITS), AND AMENDING

ARTICLE VIII (PLANNED DEVELOPMENT ZONING

REGULATIONS) IN COMPLIANCE WITH STATE PLANNING
LAW AND TO IMPLEMENT ARTICLE 2, CHAPTER 13,
DIVISION 1, TITLE 7 OF THE GOVERNMENT CODE AND
SECTION 65852.21 OF THE GOVERNMENT CODE
WHEREAS, the California Legislature requires cities to permit accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”) in compliance with Article 2, Chapter 13, Division 1, Title 7 of the California Government Code; and
WHEREAS, the California Legislature authorizes cities to adopt and administer an ordinance to regulate ADUs and JADUs in compliance with Chapter 13 Division 1 Title 7 of the California Government Code; and WHEREAS, the California Legislature has recently approved, and the Governor has signed into law, various bills amending sections of Article 2, Chapter 13, Division 1, Title 7 of the California Government Code to reduce barriers, streamline approval processes, and increase development and availability of ADUs and JADUs; and
WHEREAS, the City of Brentwood, California (the “City”) is committed to updating the Brentwood Municipal Code (BMC) so that it is consistent with State law; and
WHEREAS, the City Council adopted the 2023-2031 Housing Element on February 13, 2024 which includes the objective to amend the ADU ordinance to comply with State law and the adoption of the proposed ordinance complies with this objective; and
WHEREAS, staff has prepared a proposed ordinance modifying various sections of the Brentwood Municipal Code, including amending section

17.030.030 (Definitions), repealing section 17.100.005 (Accessory Dwelling Units), adding chapter 17.715 (Accessory Dwelling Units and Junior Accessory Dwelling Units), and amending Article VIII (Planned Development Zoning Regulations) (collectively, “the proposed ordinance”) for this purpose; and

2 WHEREAS, the proposed ordinance amendment is part of a larger-scale goal relating to broad, quality of life issues in the city, including such things as the opportunities to provide affordable housing to meet General Plan housing objectives and to protect property values and the integrity of neighborhoods; and
WHEREAS, the ordinance would amend Title 17 (Zoning) of the BMC, and the Planning Commission is charged with reviewing amendments to said title prior to their consideration by the City Council; and WHEREAS, the Planning Commission held a duly and properly noticed public hearing on December 3, 2024 to consider the draft ordinance. While no public comments were provided, the Planning Commission expressed significant concerns about the draft ordinance, and in particular how it would continue to decrease local control. Ultimately, the Planning Commission unanimously adopted a motion to decline making a recommendation that the City Council adopt the ordinance; and
WHEREAS, the City published a notice of public hearing in the Brentwood Press on January 3, 2025, in accordance with City policies and Government Code Section 65090; and
WHEREAS, this amendment is exempt from the California
Environmental Quality Act ("CEQA") because it is for the purpose of conforming to Article 2, Chapter 13, Division 1, Title 7 and Article 3 Chapter 13 Division 1 Title 7 of the California Government Code, which is statutorily exempt from CEQA under Public Resources Code Section 21080.17. In addition, amendments to conform to Section 65852.27 of the California Government Code are exempt under the common sense exemption, found at CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that adoption of the amendments will have a significant effect on the environment, in that ADUs and JADUs permitted under the ordinance incorporating these statutory sections will be permitted by state statute regardless of the adoption of the local ordinance.

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

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

SECTION 2. CEQA. This amendment is exempt from the California Environmental Quality Act ("CEQA") because it is for the purpose of conforming to Article 2, Chapter 13, Division 1, Title 7 and Article 3 Chapter 13 Division 1 Title 7 of the California Government Code, which is statutorily exempt from CEQA under Public Resources Code Section 21080.17. In addition, amendments to conform to Section 65852.27 of the California Government Code are exempt under the common sense exemption, found at CEQA

3 Guidelines Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that adoption of the amendments will have a significant effect on the environment, in that ADUs and JADUs permitted under the ordinance incorporating these statutory sections will be permitted by state statute regardless of the adoption of the local ordinance.

SECTION 3. ZONING TEXT AMENDMENT. Brentwood Municipal
Code Section 17.870.008 provides:
“No rezoning of property or text amendment shall occur which is inconsistent with the city’s community development plan. In making a decision, the planning commission and council shall consider the consistency of the proposed action to the community development plan and other applicable city plans, and shall consider whether the proposed action is inappropriate or otherwise contrary to the public interest.”
The City Council finds that the proposed amendment to the Zoning Ordinance is consistent with the General Plan, which is the City’s community development plan, and will comply with State requirements.

In particular, the proposed amendment implements General Plan Land Use Policy LU 2-8 (‘Provide for a variety of residential products through the Zoning Ordinance in order to accommodate the housing needs of all segments of the city’s population’) in that it will allow for the development of housing accessible to all segments of Brentwood’s population. The amendment also implements Action H.1b: Accessory Dwelling Units from the General Plan’s Housing Element, which requires (among other things) an ordinance addressing accessory dwelling units that is compliant with State law by January 2025.

Moreover, the amendment will not impede the City’s ability to meet its General Plan goals, and the amendment is necessary to carry out the purposes of the Brentwood Municipal Code, including the orderly planned use of land resources. Finally, the amendment is neither inappropriate nor otherwise contrary to the public interest, as it serves the vital public interest in facilitating housing development and implements State requirements governing this matter.

SECTION 4. Amendment. Section 17.715 (Accessory Dwelling Units and Junior Accessory Dwelling Units) is hereby repealed. In addition, Title 17 of the Brentwood Municipal Code is hereby amended as shown in Exhibit A to this ordinance (attached hereto and incorporated herein), including amending Section 17.030.030 (Definitions), adding Chapter 17.715 (Accessory Dwelling Units and Junior Accessory Dwelling Units), and amending Article VIII (Planned Development Zoning Regulations) in compliance with State planning law.

Revisions to existing and added sections are reflected in strikethrough for deletions and underline for additions.

4 SECTION 5. Effective Date; Publication Date. This Ordinance takes effect and shall be in force 30 days following its adoption. The City Clerk shall either: (a) have this ordinance published in a newspaper of general circulation within 15 days after its adoption, or (b) have a summary of this ordinance published twice in a newspaper of general circulation, within 15 days after its adoption.

SECTION 6. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable, or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.

SECTION 7. Submittal to HCD. The City Clerk shall submit a copy of this Ordinance to the Department of Housing and Community Development within 60 days after adoption.

The foregoing ordinance was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 28th day of January, 2025, by the following vote:

AYES:

NOES:

ABSENT:

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

1 EXHIBIT A TO
CITY COUNCIL ORDINANCE NO. ____
REZONE NO. 24-009
The following definition in Brentwood Municipal Code Section 17.030.030 (Definitions) is amended as follows:
"Accessory dwelling unit or ADU" means an attached or a detached residential dwelling unit, a detached residential dwelling unit, or a conversion of space to a residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a parcel with a proposed or existing primary dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined in Section 17958.1 of the California Health and Safety Code; and

2. A manufactured home, as defined in Section 18007 of the California Health and Safety Code.

Brentwood Municipal Code Chapter 17.715 (Accessory Dwelling Units and Junior Accessory Dwelling Units) is hereby added as follows:

17.715. ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS.

17.715.010.

A. Purpose. The purpose of this section is to allow, encourage, and regulate the development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 66310 et seq.; to increase the opportunities to provide affordable housing meeting the City's very low, low, and moderate income housing objectives; and to protect property values and the integrity of neighborhoods by adopting design and development standards for units to ensure that they are compatible.

B. ADUs that satisfy the requirements of this Chapter 17.715 are allowed on a legal lot that is zoned RE, R-1-E, R-1, R-2. R-3, COR, CR, PEC, or a PD zone that allows single-family or multifamily dwelling residential use.

C. One JADU that satisfies the requirements of this Chapter 17.715 is allowed on a legal lot that is zoned RE, R-1-E, R-1, or a PD zone that is a single-family residential zone.

17.715.020. Effect of Conforming.

An ADU or JADU that conforms to the standards in this Chapter will not be:

A. Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located;

2 B. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located;
C. Considered in the application of any local ordinance, policy, or program to limit residential growth;
D. Required to correct a nonconforming zoning condition, as defined in Section 17.715.030 below.

17.715.030. Definitions.

As used in this section, terms are defined as follows:
"Accessory dwelling unit" or "ADU" means an attached residential dwelling unit, a detached residential dwelling unit, or a conversion of space to a residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a parcel with a proposed or existing primary dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
b. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
"Attached" means a building shares a common wall, in whole or in part, with a single-family dwelling or multifamily dwelling.
"Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
"Conversion" means converting space within a proposed or existing single-family dwelling, an existing multifamily dwelling, an existing accessory building that was legally constructed, or in the same location and to the same dimensions as an existing accessory building that was legally constructed in accordance with any applicable building permits for use as an accessory dwelling unit. Where an accessory building is converted to an accessory dwelling unit on a parcel containing a single-family dwelling, conversion includes an increase of up to an additional one hundred fifty square feet to accommodate ingress and egress. "Detached" means a building not structurally part of and not sharing a common wall or any other attachment other than utilities with a single-family dwelling or multifamily dwelling.
"Efficiency kitchen" means a kitchen that includes all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
"Efficiency unit" has the same meaning as defined in Section

3 17958.1 of the California Health and Safety Code.
"Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:
a. It is no more than five hundred square feet in size. b. It is contained entirely within an existing or proposed single-family dwelling. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the singlefamily dwelling. c. It includes an exterior entrance separate from the exterior entrance for the single-family dwelling.
d. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family dwelling. e. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single- family dwelling in addition to an exterior entrance that is separate from the main entrance to the single family dwelling.
f. It includes an efficiency kitchen, as defined above. "Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory building.
"Nonconforming zoning condition" means a "nonconforming facility" as defined in Section 17.610.003(D) and refers to a physical improvement on a property that conformed with zoning when constructed but does not conform with current zoning standards.
"Primary dwelling" means the proposed or existing single-family dwelling or multifamily dwelling on the lot.
"Proposed dwelling" means a dwelling that is the subject of a building permit application and that meets the requirements for permitting. "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
"Setback" as used in this section means the distance between the exterior wall of the ADU, which includes any and all appurtenant features, to the property line.
"State exempt ADU" means an ADU that meets the requirements provided in Section 17.715.050(B) below.

4 "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

17.715.040. Approval Process.

An ADU or JADU application must be considered ministerially, without discretionary review or a hearing. The following approvals apply to ADUs and JADUs under this section:

A. Ministerial Approval. An ADU or JADU application must be considered through the building permit process without discretionary review or a hearing.

B. Process and Timing.

1. The city must approve or deny an ADU application using preapproved ADU plans consistent with Government Code Section 65852.27(b) within thirty days from the date that the city receives the completed application.

2. The city must approve or deny an application to create an ADU or JADU within sixty days from the date that the city receives a completed application.

If the city has not approved or denied the completed application within sixty days, the application is deemed approved unless either:
a. The applicant requests a delay, in which case the sixty-day time period is tolled for the period of the requested delay, or b. The application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot. The city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

3. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the sixty-day time period.

17.715.050. General Requirements.

A. Number of ADUs and JADUs Per Lot.

1. Only one ADU shall be permitted on a lot with proposed or existing singlefamily or multifamily dwellings unless all existing and proposed ADUs on the lot are state exempt ADUs. The maximum number of state exempt ADUs permitted on a lot is as set forth in subsection (B) below.

2. Only one JADU may be permitted on a lot and shall only be permitted on a lot with no more than one existing or proposed single-family dwelling.

B. Any ADU that meets satisfies the requirements of one of the following

5 subsections (B)(1)-(4) is a “state exempt ADUs”. State exempt ADUs shall be ministerially permitted on a lot and are not required to meet the additional development and design standards in the underlying zoning district or in subsection (C), (F), or (M) below, unless otherwise specified:

1. One conversion ADU that:
a. is either within the space of a proposed single-family dwelling, within the existing space of an existing single-family dwelling, or within the existing space of an accessory structure, plus up to one hundred fifty additional square feet of the accessory structure if the expansion is limited to accommodating ingress and egress;
b. has exterior access that is independent of that for the single-family dwelling; and
c. has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

2. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling if the detached ADU satisfies each of the following limitations:
a. The side- and rear-yard setbacks are at least four feet, and the ADU is set back from the primary dwelling at least four feet. b. Maximum size: The total floor area is eight hundred square feet or smaller.
c. Maximum height: The peak height above grade does not exceed the applicable height limit in subsection (E), below.

3. One or more ADUs within portions of existing multifamily dwelling that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. At least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to twenty-five percent of the existing multifamily dwelling units.

4. Detached ADUs up to the number in subsection (4)(a) or (4)(b) below if the peak height of each ADU above grade does not exceed the applicable height limit in subsection (E) and the side- and rear-yard setbacks are each at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU. a. On a lot that has a proposed multifamily dwelling, two detached ADUs.
b. On a lot that has an existing multifamily dwelling, the lesser of eight ADUs or the number of existing units in the multifamily dwelling.

6 C. Development Standards. An ADU shall comply with the requirements of this Section, the underlying zoning district, and other provisions of the Brentwood Municipal Code except:

1. If the requirements of the underlying zoning district or other provisions of the Brentwood Municipal Code are inconsistent with the provisions of this Section Chapter 17.715, the standards of this Chapter shall apply.

2. If limits on lot coverage, front yard setback, floor area ratio, open space, and size preclude the development of an eight hundred square foot detached or attached accessory dwelling unit with four-foot side and rear yard setbacks, and if the proposed accessory dwelling unit complies with all other applicable development standards, the applicable standard must be waived by the city.

3. If the ADU or JADU is existing, constructed without permits, and is seeking a permit pursuant to subsection (G)(3) below.

4. The city may not require as a condition of approval the correction of nonconforming zoning conditions.

D. Access. An ADU shall have a separate exterior entrance and exit from the primary dwelling unit.

E. Height.

1. Except as otherwise provided by subsections (E)(2) and (E)(3) below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed sixteen feet in height.

2. A detached ADU may be up to eighteen feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and in such locations, the ADU may be up to two additional feet in height (for a maximum of twenty feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

3. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed eighteen feet in height.

4. An ADU that is attached to the primary dwelling may not exceed twenty-five feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection may not exceed two stories.

5. For purposes of this subsection (E), height is measured above existing legal grade to the peak of the structure.

F. Design. Except for state exempt ADUs, the exterior of the ADU shall be designed

7 so that its roof slope, siding materials, and colors are the same as the primary dwelling. Outdoor lights shall be shielded and directed downward.

G. Building and Fire Code.

1. The ADU and JADU must comply with all applicable building and fire code requirements. (BMC Title 15)

2. An existing ADU or JADU, constructed without permits prior to January 1, 2020 or at any time after January 1, 2020 during which this Chapter 17.715 was not compliant with Government Code Sections 66310 et seq., may be legalized unless the Chief Building Official or designee makes findings that correcting a building standard violation is necessary to comply with the standards provided in Health and Safety Code Section 17920.3. This Section must be compliant with Government Code Sections 66310 et seq. at the time the applicant makes the request.

3. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or a city code enforcement officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

4. Prior to January 1, 2030 when the Chief Building Official provides a notice to correct a violation of any building standard, the Chief Building Official shall include in that notice a statement that the owner of the ADU has a right to request a delay must provide a notice if the ADU that was built prior to January 1, 2020 or built when the City had a noncompliant ADU ordinance.

If the ADU was built when the City had a noncompliant ADU ordinance, this chapter must be compliant with state law at the time the request for delay in enforcement is made.
a. The owner of the ADU may submit a written request to the Chief Building Official requesting that correction of any violation of building standards be delayed for five years.
b. The Chief Building Official will grant the application if the Chief Building Official determines that enforcement of the building standard is not necessary to protect health and safety. c. For purposes of this subsection (e), “building standards” refers to those standards enforced by local agencies under the authority of Section 17960 of the California Health and Safety Code.

H. Building Separation. Except for state exempt ADUs, a new detached ADU shall be no closer than four feet from any other building on the lot.

8 I. Deed Restriction.

1. Prior to issuance of a building permit for a JADU, the property owner shall record with the County Recorder a deed restriction setting forth the following:
a. The single-family and the accompanying ADU(s) or JADU are on a single parcel, and the units cannot be sold separately except as provided in Government Code Section 66340 et seq.
b. The JADU is restricted to the approved size and other attributes allowed by this Chapter.

2. For JADUs only, prior to issuance of a building permit, the deed restriction shall require that either the single-family dwelling or the JADU is the bona fide principal dwelling of the legal owner or owners of the parcel, unless the owner is a governmental agency, land trust, or housing organization.

J. Fees.

1. Impact Fees. Development impact fees for an ADU are as outlined in the city's adopted development fee program, as amended from time to time by city council resolution. Impact fees do not include any connection fee or capacity fee charge for water or sewer service.
a. Impact fees are not required for an ADU that is less than seven hundred fifty square feet in total area or a JADU.
b. Impact fees required for ADUs seven hundred fifty square feet and greater shall be charged proportionately in relation to the square footage of the primary dwelling unit.

2. Utility Fees.
a. Conversion ADUs on parcels zoned for single-family use are not required to have a new or separate utility connection directly between the ADU and the utility. ADUs are not considered new residential uses for the purposes of calculating any connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit is constructed with a new single-family dwelling.
b. Other ADUs may not have water and wastewater utility connections as an extension from the primary dwelling unit, except for: (a) ADUs existing water and wastewater connections; and (b) Contra Costa Health Services approved septic systems. Utility services may be extended from the private utility lateral, between the public utility main and the primary dwelling unit or may be a separate connection to the public utility main. Applicants must follow the application procedures and pay all applicable charges, including any applicable security deposit, application fee, service connection charge, meter charge, service line charge, existing facilities charge, and any other charges as set forth in the city's cost allocation plan, except that any

9 connection fee and capacity charge must be proportional to the size in square feet of the accessory dwelling unit or its drainage fixture unit (DFU) value.
c. A JADU is not considered a separate or new dwelling unit for the purposes of providing service for water or sewer. No water or sewer requirements may be applied to single-family dwellings containing a JADU unless they apply uniformly to all single-family dwellings in the zone regardless of whether or not they contain a junior accessory dwelling unit.

K. Fire Sprinklers.

1. Fire sprinklers shall be required in ADUs only where they are also required for the primary dwelling unit.

2. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

L. Owner Occupancy. JADUs are subject to an owner occupancy requirement.

The legal owner or owners shall reside in either the remaining portion of the single-family dwelling or the JADU. The owner occupancy restriction shall not be required if the owner is another governmental agency, land trust, or housing organization.

M. Parking.

1. ADUs. Required parking shall not exceed one parking space per ADU.

The parking space may be covered, uncovered, off-site, or as tandem parking on a driveway. The parking space must be in compliance with the city's parking ordinance (Section 17.620.007(A)). The parking space is in addition to the parking requirements for the single-family or multifamily dwelling unit, except as provided in subsection b below.

2. Exceptions. Parking standards shall not be imposed for an ADU that meets one or more of the following criteria:
a. The ADU is located within one-half mile walking distance of public transit.
b. The ADU is located within an architecturally and historically significant historic district.
c. The ADU is part of the proposed or existing primary dwelling, or an existing accessory building conversion.
d. When on-street parking permits are required but not offered to the occupant of the ADU.
e. When there is an established car share vehicle located within one block of the ADU.

10 f. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (M)(2)(a)–(e) above.
c. JADUs. Parking shall not be required for a JADU.
d. Converted or Destroyed Parking Structure.
i. When a parking structure, uncovered parking, or covered parking is converted or destroyed in the construction of an ADU, the lost parking is not required to be replaced. However, replacement parking is required if parking in an attached garage is converted into a JADU.
ii. If the applicant applies for a demolition permit to demolish a detached garage and a building permit to construct a detached ADU, the demolition permit and building permit for the ADU shall be issued at the same time.

N. Rental Term. No ADU or JADU may be rented for a term of less than thirty days.

This prohibition applies regardless of when the ADU or JADU was created.

O. No Separate Conveyance. An ADU or JADU may be rented in accordance with subsection (N) above, but except as otherwise provided in Government Code Sections 66340-66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

P. Utilities. All new utilities for detached ADUs shall be installed underground.

Q. Solar Panels. Solar panels are required when mandated under the California Energy Code.

Brentwood Municipal Code Section 17.110.002 (Permitted uses) is hereby amended to add the following:

J. ADUs subject to Chapter 17.715;
K. JADUs subject to Chapter 17.715.

Subsection (A) of Brentwood Municipal Code Section 17.110.003 (Conditionally permitted uses) is hereby amended to the following:

A. Secondary housing units subject to Section 17.100.005[Reserved]; Brentwood Municipal Code Section 17.120.002 (Permitted uses) is hereby amended to add the following:

C. ADUs subject to Chapter 17.715;

11 D. JADUs subject to Chapter 17.715.

Brentwood Municipal Code Section 17.130.002 (Permitted uses) is hereby amended to add the following:

C. ADUs subject to Chapter 17.715;
D. JADUs subject to Chapter 17.715.

Brentwood Municipal Code Section 17.140.002 (Permitted uses) is hereby amended to add the following:

K. ADUs subject to Chapter 17.715.

Brentwood Municipal Code Section 17.150.002 (Permitted uses) is hereby amended to add the following:

D. ADUs subject to Chapter 17.715.

Brentwood Municipal Code Section 17.230.002 (Permitted uses) is hereby amended as follows:

The following administrative and professional office uses, are permitted in the COR zone:

A. Those administrative and office uses permitted in the CO (commercial office) zone (Section

17.210.002);
B. Similar uses subject to the approval of the zoning administrator.; C. ADUs subject to Chapter 17.715.

Brentwood Municipal Code Section 17.240.002 (Permitted uses) is hereby amended as follows:

The following commercial and office uses are permitted in the CR zone:

A. Commercial uses or services such as beauty shop, barber shop, shoe repair, laundromat, convenience retail uses such as café, bakery, pastry shop, book store, candy or ice cream store, apparel and accessory store, stationery store, drug store or pharmacy, food store and similar establishments;
B. Business and professional offices such as architects, attorneys, accountants, engineers, insurance agency, real estate and similar professional and general business offices; C. Financial institution;
D. Similar uses subject to the approval of the zoning administrator.; E. ADUs subject to Chapter 17.715.

Brentwood Municipal Code Section 17.450.003 (Permitted uses) is hereby amended to add the following:

A. Any and all compatible uses are permitted within the zoning regulations adopted for the

12 specific planned development zone; provided, however, no use shall be authorized which does not conform to the community development plan of the city of Brentwood and to any applicable specific plan.;
B. Pursuant to Chapter 17.715, ADUs are a permitted use in a PD zone that allow singlefamily or multifamily dwelling residential use. JADUs are a permitted use in a PD zone that is a single-family residential zone.

Subsection (A) of Brentwood Municipal Code Section 17.451.003 (Conditionally permitted uses) is hereby amended to the following:

A. Secondary housing units subject to Section 17.100.005 [Reserved]; Subsection (A)(1)(i) of Brentwood Municipal Code Section 17.463.003 (Permitted uses) is hereby amended to the following:
i. Secondary housing units subject to Section 17.100.005 of this title [Reserved]; Subsection (D)(8) of Brentwood Municipal Code Section 17.466.002 (Permitted uses) is hereby amended to the following:

8. Accessory dwelling units in accordance with Chapter 17.100[Reserved]; Subsection (J)(1)(b)(i) of Brentwood Municipal Code Section 17.467.002 (Garin Ranch Specific Plan) is hereby amended to the following:
i. Accessory dwelling units subject to BMC Section 17.100.005[Reserved].

Subsection (J)(2)(b)(iii) of Brentwood Municipal Code Section 17.467.002 (Garin Ranch Specific Plan) is hereby amended to the following:
iii. Accessory facilities or buildings related to the primary use subject to BMC Chapter

17.660[Reserved].

Subsection (J)(3)(b)(i) of Brentwood Municipal Code Section 17.467.002 (Garin Ranch Specific Plan) is hereby amended to the following:
i. Accessory dwelling units subject to BMC Section 17.100.005[Reserved].

Subsection (J)(4)(b)(i) of Brentwood Municipal Code Section 17.467.002 (Garin Ranch Specific Plan) is hereby amended to the following:
i. Accessory dwelling units on single-family lots subject to BMC Section 17.100.005[Reserved].

Subsection (H) of Brentwood Municipal Code Section 17.474.012 (Permitted Uses for Subarea C) is hereby amended as follows:

H. Accessory dwelling units subject to Section 17.100.005 of this title[Reserved].

13 Subsection (H) of Brentwood Municipal Code Section 17.474.016 (Permitted uses for Subarea D) is hereby amended as follows:

H. Accessory dwelling units subject to Section 17.100.005 of this title[Reserved].

Subsection (H) of the ‘Subarea B’ section of Brentwood Municipal Code Section 17.482.002 (Permitted uses for each subarea) is hereby amended as follows:

H. Secondary housing units in accordance with Chapter 17.100.005[Reserved].

Subsection (A) of Brentwood Municipal Code Section 17.483.003 (Conditionally permitted uses) is hereby amended as follows:

A. Secondary housing units subject to Section 17.100.005 of the Brentwood Municipal Code[Reserved];
Subsection (A) of Brentwood Municipal Code Section 17.488.009 (Conditionally permitted uses within subarea D) is hereby amended as follows:

A. Secondary housing units subject to Section 17.100.005 of the Brentwood Municipal Code[Reserved];
Subsection (A) of Brentwood Municipal Code Section 17.488.015 (Conditionally permitted uses within subarea G) is hereby amended as follows:

A. Secondary housing units subject to Section 17.100.005 of the Brentwood Municipal Code[Reserved];
Brentwood Municipal Code Section 17.496.003 (Conditionally permitted uses for each subarea) is hereby amended as follows:

A. Subarea A.

1. Secondary housing units subject to Section 17.100.005 of this title[Reserved];

2. Conditionally permitted uses are those uses identified in Chapter 17.130 of the zoning ordinance (the R-1, single-family residential zone), which are subject to the granting of a conditional use permit by the city.

B. Subarea B.

1. Secondary housing units subject to Section 17.100.005 of this title[Reserved];

2. Conditionally permitted uses are those uses identified in Chapter 17.130 of the zoning ordinance (the R-1, single-family residential zone), which are subject to the granting of a conditional use permit by the city.

C. Subarea C.

14 1. Secondary housing units subject to Section 17.100.005 of this title[Reserved];

2. Conditionally permitted uses are those uses identified in Chapter 17.130 of the zoning ordinance (the R-1, single-family residential zone), which are subject to the granting of a conditional use permit by the city;

3. Nursery, childcare, day care center.

D. Subarea D.

1. Secondary housing units subject to Section 17.100.005 of this title[Reserved];

2. Conditionally permitted uses are those uses identified in Section 17.130.003 of the zoning ordinance (the R-1, single-family residential zone), which are subject to the granting of a conditional use permit by the city.

E. Subarea E.

1. Secondary housing units subject to Section 17.100.005 of this title[Reserved];

2. Conditionally permitted uses are those uses identified in Section 17.130.003 of the zoning ordinance (the R-1, single-family residential zone), which are subject to the granting of a conditional use permit by the city.

F. Subarea F.

1. Secondary housing units subject to Section 17.100.005 of this title[Reserved];

2. Conditionally permitted uses are those uses identified in Section 17.130.003 of the zoning ordinance (the R-1, single-family residential zone), which are subject to the granting of a conditional use permit by the city.

G. Subarea G.

1. Conditionally permitted uses are those uses identified in Section 17.130.003 of the zoning ordinance (the R-1, single-family residential zone), which are subject to the granting of a conditional use permit by the city.

Note 23 following Brentwood Municipal Code Section 17.505.008 (Zoning matrix of land uses by subareas for PD-55) is hereby amended as follows:

23. Keeping of domestic animals or pets subject to BMC Chapter 17.670; accessory dwelling units are allowed in residential areas pursuant to BMC Section 17.100.005[Reserved].

Subsection (A)(1) of Brentwood Municipal Code Section 17.515.003 (Conditionally permitted uses for each subarea) is hereby amended as follows:

1. Secondary housing units subject to Section 17.100.005[Reserved];

15 Subsection (A)(9) of Brentwood Municipal Code Section 17.517.007 (Permitted and conditionally permitted uses and general development standards for subarea F [medium density residential area]) is hereby amended as follows:

9. Secondary housing units in accordance with Chapter 17.100.005 of the Brentwood Municipal Code[Reserved].

Subsection (A)(1) of Brentwood Municipal Code Section 17.518.003 (Conditionally permitted uses for each subarea) is hereby amended as follows:

1. Secondary housing units subject to Section 17.100.005 of the Brentwood Municipal Code[Reserved];
Subsection (A) of Brentwood Municipal Code Section 17.521.003 (Conditionally permitted uses) is hereby amended as follows:

A. Secondary housing units subject to Section 17.100.005[Reserved];

CITY COUNCIL AGENDA ITEM NO. H.1
01/28/2025
SUBJECT: 2024/25 Mid-year Operating Budget Amendments, Approval of one new full-time position and ten-year General Fund Fiscal Model update
DEPARTMENT: Finance and Information Systems
STAFF: Kerry Breen, Director of Finance and Information Systems Christine Andrews, Asst. Dir. of Finance & Information Systems Sonia Agostini, Accounting Manager

TITLE/RECOMMENDATION
Staff recommends the City Council adopt a resolution (1) amending the 2024/25 Operating Budget and (2) approving the addition of one (1) new full-time Recreation Coordinator I/II position, to be filled on or after April 1, 2025; and receive an update of the ten-year General Fund Fiscal Model.

FISCAL IMPACT
Included in this report is an update of the two-year General Fund projection. This projection is conservative and incorporates all economic factors known to staff at this time, including projected cost increases associated with settled and unsettled labor contracts. Also included are the proposed FY 2024/25 General Fund amendments in this report. The two-year projection shows a positive result from ongoing operations with operational revenues exceeding ongoing and one-time expenses by $1.3 million, although increasing 30% reserve requirements are likely to require a transfer in from the Budget Stabilization Fund.

General Fund operating revenues are sufficient in the two-year period to cover operating and one-time expenses with no deficit spending from ongoing operations.

However, due to an increase in expenditures over the two-year period, staff projects FY 2024/25 FY 2025/26 Total
Net Projected Operating Results $ 315,000 $ 1,024,000 $ 1,339,000 Amount to Increase the 30% Reserve (1,595,000) (1,128,000) (2,723,000) $ (1,280,000) $ (104,000) $(1,384,000)
Transfer Required from the Budget
Stabilization Fund
2024/25 - 2025/26 General Fund Projection

CITY COUNCIL AGENDA ITEM NO. H.1
01/28/2025
that $1.4 million will need to be transferred into the General Fund from the Budget Stabilization Fund to increase the Reserve of 30% of expenses per Budget and Fiscal Policies. As such, the City’s General Fund is currently at expenditure capacity.

The vast majority of this transfer is projected to be needed in the current fiscal year.

The primary causes of the projected transfer this year are one-time costs and the implementation of labor contracts that had larger-than-typical first year salary cost increases.

Proposed FY 2024/25 Operating Budget amendments are summarized in the Background section. A detailed schedule of budget amendments can be found in Exhibit A and detailed descriptions of each amendment can be found in Exhibit B.

The amendments included in this report are consistent with the City Council’s direction that current revenues cover current operational expenditures and that the General Fund reserve of 30% of operating expenditures is maintained.

Staff will keep the City Council informed of any significant economic impacts to the operating budget and the next scheduled financial update is in June 2025 at the FY 2025/26 Mid-Term Operating Budget presentation.

BACKGROUND
The City’s Operating Budget is prepared on a two-year cycle, which currently includes both FY 2024/25 and FY 2025/26. Section 2.5 of the Council/Administrative Policy No. 10-5, Budget and Fiscal Policies (“Policy”) requires that the City Council formally review the City’s fiscal condition and amend the operating budget, if necessary, no later than seven months after the beginning of each fiscal year.

Tonight’s action is a mid-fiscal year or “mid-year” review of the 2024/25 Operating Budget required by this Policy. Staff has completed a thorough review of all of the City’s funds and operations and is recommending the Operating Budget amendments summarized in this report. A detailed schedule of all of the proposed budget amendments can be found in Exhibit A and detailed descriptions of each amendment can be found in Exhibit B.

CITY COUNCIL AGENDA ITEM NO. H.1
01/28/2025
GENERAL FUND FY 2023/24 RESULTS
At the close of FY 2023/24, General Fund revenues exceeded expenses and amounts set aside for the 30% reserve by $2.7 million. Two factors contributed to this surplus:
$1.1 million in one-time investment fair market value gains, and $1.2 million generated from a Council-directed reduction in planned project spending.

At City Council direction, $734,000 of the surplus was used to pay down pension obligations and the remainder, $1,934,000, was transferred out of the General Fund to the Budget Stabilization Fund (BSF), bringing the balance in the BSF to $16.5 million at the end of FY 2023/24. The BSF balance was established and planned to be drawn down over time to offset rising pension and retiree medical costs in the intermediate-term. The surplus from last fiscal year will provide the source for the projected transfer in for the current fiscal year.
2024/25 – 2025/26 GENERAL FUND TWO-YEAR PROJECTION
The two-year projection is conservative and includes the proposed FY 2024/25 General Fund amendments included in this report.

Also included in the projection is the impact of a reduction in estimated sales tax revenue of about $885,000 over the two year period, as provided by the City’s sales tax consultants, compared to the original budget. This impact was partially offset by the planned opening of the new Costco earlier than planned in the original budget.

This reflects a statewide reduction in sales tax revenue, as continued inflation has softened consumer demand. On the other hand, this projection does not include any potential new commercial development that may occur in the two-year period beyond what was estimated at the Operating Budget adoption.

FY 2023/24
$ 2,668,000
Use of FY 2023/24 General Fund Surplus:
$ 1,934,000
Surplus Used to Paydown Pension Obligations $ 734,000
FY 2023/24 General Fund Results
General Fund Surplus above 30% Reserve
Requirement
Surplus Transferred to Budget Stabilization Fund

CITY COUNCIL AGENDA ITEM NO. H.1
01/28/2025
Detailed in the table below, the projection shows a net positive result from ongoing operations, with operational revenues exceeding ongoing and one-time expenses by $1.3 million. Operating revenues are sufficient in the two-year period to cover operating and one-time expenses with no deficit spending from ongoing operations.

However, due to an increase in expenditures over the two-year period, $1.4 million will need to be transferred into the General Fund from the BSF to increase the Reserve of 30% of expenses per Budget and Fiscal Policies. This amount is less than the General Fund surplus transferred into the BSF at the end of FY 2023/24 of $1.9 million.

As shown above, the required transfer from the BSF is much larger in FY 2024/25 than in FY 2025/26. Completed labor negotiations and estimated future labor negotiation costs are expected to result in a larger percentage increase pay in the first year of the agreements. This impact, along with one-time payments to employees, had the effect of front-loading the increase in personnel costs.

In FY 2025/26, the negotiated and estimated increases in pay are more in line with the assumptions included in the original budget, resulting in a much smaller BSF transfer being required in the second year.

FY 2024/25 FY 2025/26 Total
$ 1,395,000 $ 1,330,000 $ 2,725,000
Less One-Time Expenses
Basketball Court Lighting CIP Funding (396,000) (306,000) (702,000) One-Time Labor MOU Payments (381,000) - (381,000)
Smart Signal Grant Matching Funds (228,000) - (228,000) Permit Center Improvements (75,000) - (75,000)
Total One-Time Expenses (1,080,000) (306,000) (1,386,000) Net Projected Operating Results 315,000 1,024,000 1,339,000 Amount to Increase the 30% Reserve (1,595,000) (1,128,000) (2,723,000) $ (1,280,000) $ (104,000) $ (1,384,000)
Ongoing Operating Revenues Less
Operating Expense
Transfer Required from the Budget
Stabilization Fund
2024/25 - 2025/26 General Fund Projection

CITY COUNCIL AGENDA ITEM NO. H.1
01/28/2025

GENERAL FUND TEN-YEAR FISCAL MODEL PROJECTION
The Fiscal Model assesses the impacts of proposed budget changes and whether those changes affect the City’s goal of a sustainable financial future. The Fiscal Model provides a tool to evaluate changes in the budget and project out the impacts of current economic conditions and policy decisions against future revenues and expenses. It is important to note that the Fiscal Model provides an analysis for a specific point in time and many variables can and do significantly change the forecast.

The Fiscal Model is not a precise prediction of future results; instead, it identifies long-term trends and potential financial challenges. With proper planning and vision, the Fiscal Model allows for course corrections well in advance of potential financial problems becoming a reality.

A summary of the results of the current Fiscal Model forecast is presented in the following graph:

At the end of the ten-year period, the remaining Budget Stabilization Fund (“BSF”) balance, in green, is projected to be about $1.3 million. It should be noted that staff’s very long-term projections indicate decreasing cost pressures in the 15-20 year timeframe, which should eliminate the need for the Budget Stabilization Fund at that time.

CITY COUNCIL AGENDA ITEM NO. H.1
01/28/2025
A few key factors included in the most current version of the Fiscal Model include:
 Increases for completed labor negotiations and estimated costs for future negotiations
 Increases in future CalPERS pension costs as a result of labor negotiations, including the impacts on the City’s unfunded obligations relating from higher salary increases.
 Estimated personnel savings rate falls to around 6.5% from the current 7.5%.  Operating costs for the future Sand Creek Sports Complex and Vineyards Amphitheater
 Impacts of absorbing the Affordable Housing costs into the General Fund when the Affordable Housing In-Lieu funds are exhausted (estimated 2029)  Slowing development, with an average of only 65 single family; 130 multifamily permits per year; and after inclusion of Costco, modest commercial, office and industrial development
 Higher medium-term investment returns on cash balances due to higher interest rates
The Fiscal Model projections can, and will, change over time, as new economic conditions emerge and the City Council enacts policy decisions. Staff will continue to update the Fiscal Model for these changes as they occur and report back regularly. 2024/25 PROPOSED GENERAL FUND BUDGET AMENDMENTS
General Fund revenue budget increases are proposed for property taxes, Parks and Recreation program registrations and reimbursements, increased interfund services

CITY COUNCIL AGENDA ITEM NO. H.1
01/28/2025
and transfers in from other funds. These increases are offset by proposed budget reductions in sales taxes, hotel tax and business license revenues.

On August 27, 2024, the City Council accepted an Inclusive and Adaptive Recreation Update report and provided direction to staff. Council direction was to bring back Option 2 during the mid-year budget process, which includes a staffing increase of one new full-time Recreation Coordinator, as recommended by the Age and Disabilities Friendly Communities Committee. Program and new staffing costs associated with Council’s direction have been included in the mid-year requests.

Expenditure budget increases are being requested for the Police Department to account for a new agreement for investigative services and software and vehicle maintenance cost increases. The Parks and Recreation Department increases are primarily for part-time salaries and the costs associated with the new Adaptive Recreation program. Engineering is requesting a budget amendment to account for an increase in Contra Costa Clean Water Program costs. These proposed increases are offset by a net reduction in personnel benefit costs primarily due to a lower than expected lump-sum pension payment for FY 2024/25.

ENTERPRISE FUNDS BUDGET AMENDMENTS
The proposed expenditure budget increase for the Solid Waste Enterprise is primarily to account for increased disposal costs for the transportation of yard waste for composting in accord with State regulations. The reduced expenditures in the Water Enterprise are a result of the debt service savings generated from the 2024 Water Bond refinance.

Detailed amounts and explanations of all budget requests can be found in the attached Exhibit A and Exhibit B.

CITY COUNCIL AGENDA ITEM NO. H.1
01/28/2025

OTHER FUNDS BUDGET AMENDMENTS
The proposed revenue budget increase is to account for increases in Gas Tax revenue based upon updated State projections.

Expenditure budget increases are to account for additional transfers out from the Gas Tax and Abandoned Vehicle Abatement Funds to the General Fund.

Detailed amounts and explanations of all budget requests can be found in the attached Exhibit A and Exhibit B.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable

PREVIOUS ACTION
Attachment 1

DATE OF NOTICE
Not Applicable

ENVIRONMENTAL DETERMINATION
Not Applicable

ALTERNATIVE OPTION(S)

CITY COUNCIL AGENDA ITEM NO. H.1
01/28/2025

1. Adopt a resolution amending the 2024/25 Operating Budget with changes as directed by the City Council

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Exhibit A

4. Exhibit B

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

On August 13, 2024, the City Council adopted City Council Resolution 2024-85, directing staff to coordinate Veterans Day celebrations for 2024 in alignment with Option 3 as presented in the staff report, including an annual downtown parade and annual City sponsorship of the Military Veteran Banner Program; amend the FY 2024/25 General Fund Operating Budget by $32,000; and annually fund future Veterans Day celebrations in the amount of $40,000.

On August 27, 2024, the City Council accepted an Inclusive and Adaptive Recreation Update report and provided direction to staff to bring back Option 2, as recommended by the Age and Disabilities Friendly Communities Committee, during the mid-year budget process.

On October 8, 2024, the City Council adopted Resolution 2024-104, 1) approving and authorizing the City Manager or his designee to execute necessary documents to purchase Toro DXi Central Control System Irrigation Controllers for the Irrigation Controllers, CIP Project No. 352-52451, from SiteOne Landscape Supply in an amount not to exceed $280,852 in FY 2024/25, $274,155 plus a funding authorization contingency amount of $25,210 for a not to exceed funding authorization amount of $299,365 in FY 2025/26, $288,132 plus a funding authorization contingency amount of $55,639 for a not to exceed funding authorization amount of $343,771 in FY 2026/27, for a grand total not to exceed spending authority of $923,988 for the project; 2) amending the 2024/25 – 2025/26 Operating Budget for the associated funding transfers; and 3) amending the 2024/25 – 2028/29 Capital Improvement Program (CIP).

On October 8, 2024, the City Council adopted Resolution 2024-105, 1) approving the purchase and installation of playground equipment for Windsor Way Park, and authorizing the City Manager or his designee to execute a contract, in substantial conformance with the attached draft (and any necessary documents) in the amount of $213,611.00, plus funding authorization for a 10% contingency amount of $21,361.10, for a total spending authorization not to exceed amount of $234,972.10 with Yosso Group Inc., dba Specified Play Equipment Co. (SPEC) for the Windsor Way Park Playground Replacement, CIP Project No. 352-52452, 2) amending the 2024/25 – 2028/29 Capital Improvement Program, and 3) amending the 2024/25 Operating Budget for the associated project funding transfer.

On October 8, 2024, the City Council adopted Resolution 2024-108 authorizing the City Manager or designee to execute an agreement and necessary documents for SCADA System Upgrade Services for the Water and Wastewater Supervisory Control

and Data Acquisition (SCADA) System Upgrade, CIP Project No. 562-56402 in the amount of $1,785,125, plus funding authorization for a 15% contingency of $267,769, for a total not to exceed funding authorization amount of $2,052,894 with W.M. Lyles Co.; 2) amending the 2024/25 – 2028/29 CIP to increase the Water 4 and Wastewater SCADA System Upgrade project sheet by $1,258,917 for a total project cost not to exceed $4,949,917; and 3) amending the 2024/25 Operating Budget for the associated project funding transfers.

On October 22, 2024, the City Council adopted Resolution 2024-112, approving the purchase of one new replacement Schwarze A9 Monsoon street sweeper for the Streets Maintenance Division from Municipal Maintenance Equipment, Inc. in Sacramento, CA; authorizing the City Manager or designee to execute any necessary documents in an amount not to exceed $431,520; and amending the 2024/25 Vehicle and Equipment Replacement Fund budget by $96,033.

On October 22, 2024, the City Council adopted Resolution 2024-113, 1) approving a Memorandum of Understanding between the City of Brentwood and Liberty Union High School District regarding the Public Art and Design Academy in the amount of $18,630 2) amending FY 2024/25 or FY 2025/26 Operating Budget, by increasing the Public Art Acquisition Fund by $23,630 for the cost to build the artwork and for City staff to transport, install and complete landscaping of the project and 3) authorizing the City Manager or designee to execute the MOU and make minor non-substantive revisions to it, in consultation with the City Attorney.

On November 12, 2024, the City Council adopted Resolution 2024-116, 1) approving the purchase and installation of playground equipment for Egret Park Playground Replacement, CIP Project No. 352-52450, and authorizing the City Manager or designee to execute a contract, and necessary documents, in the amount of $352,525.71, plus funding authorization for a 10% contingency amount of $35,252.57, for a total funding authorization not to exceed amount of $387,778.28 with Park Planet, a division of Park Associates, Inc. for Egret Park Playground Replacement, CIP Project No. 352-52450, 2) amending the FY 2024/25 – 2028/29 3 Capital Improvement Program (CIP), and 3) amending 2024/25 Operating Budget for the associated project funding transfer of $52,780 from the Parks and LLAD Replacement Fund.

On November 12, 2024, the City Council adopted Resolution 2024-118, 1) approving and authorizing the City Manager or designee to execute Contract Change Order No. 2 to the Contract with DSS Company dba Knife River Construction (“Knife River”) for the Pavement Management Program 2024 (Asphalt), CIP Project No. 336-31703 (“Project”), in the amount of $98,669.37 for a total not to exceed Contract price of $2,195,447.07; 2) amending the 2024/25 – 2028/29 Capital Improvement Program (“CIP”); 3) amending the 2024/25 Operating Budget for the associated Project funding transfer; 4) accepting the work performed by Knife River for the Project; and 5) requesting the City Clerk to file a Notice of Completion with the County Recorder.

On November 12, 2024, the City Council adopted Resolution 2024-122 1) approving and Authorizing the City Manager to execute a successor Memorandum of Understanding (MOU) between the City of Brentwood and the Brentwood Police Officers’ Association for the period of July 1, 2024 through June 30, 2027 (Exhibit A);

2) Approving the Pay Schedule in accordance with the California Code of Regulations, Title 2, Section 570.5 and authorizing the Director of Human Resources/Risk Manager to make ministerial revisions to the Pay Schedule as approved by Council in the BPOA MOU; and 3) Adopting Appropriations Amendments to the 2024/25 General Fund Operating Budget in the amount of $717,066; and to the 2025/26 General Fund Operating Budget in the amount of $736,150.

On December 10, 2024, the City Council adopted Resolution 2024-129, 1) authorizing the purchase and installation of a Fleet Management software system for the Public Works Fleet Maintenance Services Division from TT Faster LLC, dba FASTER Asset Solutions in Virginia Beach, VA; 2) authorizing the City Manager or designee to execute an agreement and any necessary documents for Fleet Management Information Solution Services in an amount not to exceed $116,330; and 3) amending the 2024/25 Fleet Maintenance Services Fund Operating Budget by $21,330.

On December 10, 2024, the City Council adopted Resolution 2024-133, 1) approving and authorizing the City Manager to execute a successor Memorandum of Understanding between the City of Brentwood and the Brentwood Police Lieutenants’ Group for the period of July 1, 2024 through June 30, 2027 (Exhibit A); 2) approving the Pay Schedule in accordance with the California Code of Regulations, Title 2, Section 570.5 and authorizing the Director of Human Resources/Risk Manager to make ministerial revisions to the Pay Schedule as approved by Council in the Brentwood Police Lieutenants’ Group MOU; 3) Adopting Appropriations Amendments to the 2024/25 General Fund Operating Budget in the amount of $87,289; and to the 2025/26 General Fund Operating Budget in the amount of $94,914.

On January 14, 2025, the City Council adopted Resolution 2025-01, 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”) 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.

On January 14, 2025, the City Council adopted Resolution 2025-03, authorizing 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 threeyear 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.

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD AMENDING THE 2024/25 OPERATING BUDGET
AND APPROVING THE ADDITION OF ONE (1) NEW FULL-TIME

POSITION
WHEREAS, on August 13, 2024, the City Council adopted City Council Resolution 2024-85, directing staff to coordinate Veterans Day celebrations for 2024 in alignment with Option 3 as presented in the staff report, including an annual downtown parade and annual City sponsorship of the Military Veteran Banner Program; amend the FY 2024/25 General Fund Operating Budget by $32,000; and annually fund future Veterans Day celebrations in the amount of $40,000; and WHEREAS, on August 27, 2024, the City Council accepted an Inclusive and Adaptive Recreation Update report and provided direction to staff to bring back Option 2, as recommended by the Age and Disabilities Friendly Communities Committee, during the mid-year budget process; and
WHEREAS, on October 8, 2024, the City Council adopted Resolution 2024- 104, 1) approving and authorizing the City Manager or his designee to execute necessary documents to purchase Toro DXi Central Control System Irrigation Controllers for the Irrigation Controllers, CIP Project No. 352-52451, from SiteOne Landscape Supply in an amount not to exceed $280,852 in FY 2024/25, $274,155 plus a funding authorization contingency amount of $25,210 for a not to exceed funding authorization amount of $299,365 in FY 2025/26, $288,132 plus a funding authorization contingency amount of $55,639 for a not to exceed funding authorization amount of $343,771 in FY 2026/27, for a grand total not to exceed spending authority of $923,988 for the project; 2) amending the 2024/25 – 2025/26 Operating Budget for the associated funding transfers; and 3) amending the 2024/25 – 2028/29 Capital Improvement Program (CIP); and
WHEREAS, on October 8, 2024, the City Council adopted Resolution 2024- 105, 1) approving the purchase and installation of playground equipment for Windsor Way Park, and authorizing the City Manager or his designee to execute a contract, in substantial conformance with the attached draft (and any necessary documents) in the amount of $213,611.00, plus funding authorization for a 10% contingency amount of $21,361.10, for a total spending authorization not to exceed amount of $234,972.10 with Yosso Group Inc., dba Specified Play Equipment Co. (SPEC) for the Windsor Way Park Playground Replacement, CIP Project No. 352-52452, 2) amending the 2024/25 – 2028/29 Capital Improvement Program, and 3) amending the 2024/25 Operating Budget for the associated project funding transfer; and WHEREAS, on October 8, 2024, the City Council adopted Resolution 2024- 108, authorizing the City Manager or designee to execute an agreement and necessary documents for SCADA System Upgrade Services for the Water and Wastewater Supervisory Control and Data Acquisition (SCADA) System Upgrade, CIP Project No. 562-56402 in the amount of $1,785,125, plus funding authorization

for a 15% contingency of $267,769, for a total not to exceed funding authorization amount of $2,052,894 with W.M. Lyles Co.; 2) amending the 2024/25 – 2028/29 CIP to increase the Water 4 and Wastewater SCADA System Upgrade project sheet by $1,258,917 for a total project cost not to exceed $4,949,917; and 3) amending the 2024/25 Operating Budget for the associated project funding transfers; and WHEREAS, on October 22, 2024, the City Council adopted Resolution 2024- 112, approving the purchase of one new replacement Schwarze A9 Monsoon street sweeper for the Streets Maintenance Division from Municipal Maintenance Equipment, Inc. in Sacramento, CA; authorizing the City Manager or designee to execute any necessary documents in an amount not to exceed $431,520; and amending the 2024/25 Vehicle and Equipment Replacement Fund budget by $96,033; and
WHEREAS, on October 22, 2024, the City Council adopted Resolution 2024- 113, 1) approving a Memorandum of Understanding between the City of Brentwood and Liberty Union High School District regarding the Public Art and Design Academy in the amount of $18,630 2) amending FY 2024/25 or FY 2025/26 Operating Budget, by increasing the Public Art Acquisition Fund by $23,630 for the cost to build the artwork and for City staff to transport, install and complete landscaping of the project and 3) authorizing the City Manager or designee to execute the MOU and make minor non-substantive revisions to it, in consultation with the City Attorney; and
WHEREAS, on November 12, 2024, the City Council adopted Resolution 2024- 116, 1) approving the purchase and installation of playground equipment for Egret Park Playground Replacement, CIP Project No. 352-52450, and authorizing the City Manager or designee to execute a contract, and necessary documents, in the amount of $352,525.71, plus funding authorization for a 10% contingency amount of $35,252.57, for a total funding authorization not to exceed amount of $387,778.28 with Park Planet, a division of Park Associates, Inc. for Egret Park Playground Replacement, CIP Project No. 352-52450, 2) amending the FY 2024/25 – 2028/29 3 Capital Improvement Program (CIP), and 3) amending 2024/25 Operating Budget for the associated project funding transfer of $52,780 from the Parks and LLAD Replacement Fund; and
WHEREAS, on November 12, 2024, the City Council adopted Resolution 2024- 118, 1) approving and authorizing the City Manager or designee to execute Contract Change Order No. 2 to the Contract with DSS Company dba Knife River Construction (“Knife River”) for the Pavement Management Program 2024 (Asphalt), CIP Project No. 336-31703 (“Project”), in the amount of $98,669.37 for a total not to exceed Contract price of $2,195,447.07; 2) amending the 2024/25 – 2028/29 Capital Improvement Program (“CIP”); 3) amending the 2024/25 Operating Budget for the associated Project funding transfer; 4) accepting the work performed by Knife River for the Project; and 5) requesting the City Clerk to file a Notice of Completion with the County Recorder; and
WHEREAS, on November 12, 2024, the City Council adopted Resolution 2024-

122, 1) approving and authorizing the City Manager to execute a successor Memorandum of Understanding (MOU) between the City of Brentwood and the Brentwood Police Officers’ Association for the period of July 1, 2024 through June 30, 2027 (Exhibit A); 2) approving the Pay Schedule in accordance with the California Code of Regulations, Title 2, Section 570.5 and authorizing the Director of Human Resources/Risk Manager to make ministerial revisions to the Pay Schedule as approved by Council in the BPOA MOU; and 3) adopting Appropriations Amendments to the 2024/25 General Fund Operating Budget in the amount of $717,066; and to the 2025/26 General Fund Operating Budget in the amount of $736,150; and
WHEREAS, on December 10, 2024, the City Council adopted Resolution 2024- 129, 1) authorizing the purchase and installation of a Fleet Management software system for the Public Works Fleet Maintenance Services Division from TT Faster LLC, dba FASTER Asset Solutions in Virginia Beach, VA; 2) authorizing the City Manager or designee to execute an agreement and any necessary documents for Fleet Management Information Solution Services in an amount not to exceed $116,330; and 3) amending the 2024/25 Fleet Maintenance Services Fund Operating Budget by $21,330; and
WHEREAS, on December 10, 2024, the City Council adopted Resolution 2024- 133, 1) approving and authorizing the City Manager to execute a successor Memorandum of Understanding between the City of Brentwood and the Brentwood Police Lieutenants’ Group for the period of July 1, 2024 through June 30, 2027 (Exhibit A); 2) approving the Pay Schedule in accordance with the California Code of Regulations, Title 2, Section 570.5 and authorize the Director of Human Resources/Risk Manager to make ministerial revisions to the Pay Schedule as approved by Council in the Brentwood Police Lieutenants’ Group MOU; 3) Adopting Appropriations Amendments to the 2024/25 General Fund Operating Budget in the amount of $87,289; and to the 2025/26 General Fund Operating Budget in the amount of $94,914; and
WHEREAS, on January 13, 2025, the City Council adopted Resolution 2025- 01, 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”) 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; and
WHEREAS, on January 13, 2025, the City Council adopted Resolution 2025- 03, authorizing 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; and

WHEREAS, the General Fund is budgeted to maintain 30% undesignated reserves for FY 2024/25; and
WHEREAS, the City Council of the City of Brentwood has reviewed the recommended 2024/25 Operating Budget amendments.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby resolve as follows: (1) to adopt the appropriations and revenue amendments to the 2024/25 Operating Budget for the City of Brentwood per the attached Exhibit A, which is incorporated herein by reference; and (2) approves the addition of one (1) new full-time position, to begin on or after April 1, 2025, as follows: Recreation Coordinator I/II.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 28th day of January 2025 by the following vote:

Fund Name Revenues Expenditures Net Effect
General Fund:

Property Tax $ - 219,015 $ 219,015 $
Sales Tax - (156,793) (156,793)
Other Revenue 19,132 - 19,132
Personnel - 197,572 (197,572)
Police Department 164,520 - (164,520)
Parks Administration - 10,328 (10,328)
Adaptive Recreation - 47,539 (47,539)
Pool - 48,870 (48,870)
Community Center 57,040 - (57,040)
Landscape Operations 44,035 - (44,035)
Recreation Programs 35,000 44,512 (9,512)
External Special Events 27,700 4,032 (23,668)
Engineering 25,200 - (25,200)
Transfers In/Out 128 - ,327 128 ,327
Sub-Total General Fund 248,713 272,172 (23,459)
Enterprise Funds:

Housing Enterprise 1,897 - (1,897)
Solid Waste Enterprise 420,732 - (420,732)
Water Enterprise - 280,820 (280,820)
Wastewater Enterprise 8,494 - (8,494)
Other Funds:

Gas Tax - Highway Use Tax 48,327 48,327 -
Police Grants 67,557 67,557 -
Abandoned Vehicle Abatement 80,000 - (80,000)
Sub-Total Enterprise and Other Funds 346,187 115,884 (230,303) Total FY 2024/25 Amendments 364,597 $ 618,359 $ (253,762) $ Exhibit A
Appropriation and Revenue Amendments to the City of Brentwood FY 2024/25 Operating Budget
Fiscal Year 2024/25 Mid-Year Budget Amendments
Increase (Decrease)

EXHIBIT B
2024/25 PROPOSED BUDGET AMENDMENTS

GENERAL FUND
Revenues
Property taxes are the largest single source of revenue for the General Fund.

Property tax revenue is based on the assessed valuation of property in the City. The most recent valuation increase announced was 4% in July of 2024 by the Contra Costa County assessor’s office. This increase was slightly higher than the estimate used for the budget and an amendment for an additional $219,015 in property taxrelated revenue is proposed for FY 2024/25. This amendment will bring the budget for all property tax-related revenue to $27.0 million for FY 2024/25.

Sales taxes are the second largest source of revenue for the General Fund.

Recently, with reduced discretionary consumer spending, sales tax growth rates projected to slow and may even turn negative in particular categories. Current projections from the City’s sales tax consultant estimate FY 2024/25 sales tax revenues will be $156,793 lower than the current budget. This estimate includes a conservative estimate of approximately three months of sales tax revenue from the new Costco expected to open this spring. After this adjustment, the sales tax revenue budget would be approximately $11.1 million for FY 2024/25.

Other revenue from a variety of sources is expected to see a net increase from the FY 2024/25 budget by about $187,000, as detailed below:
 Transfers in from the Abandoned Vehicle Abatement Fund to the General Fund are being increased by $80,000 to account for accumulated funding from prior fiscal years.
 Transfers in from the Gas Tax Funds to the General Fund are being increased by $48,327 to account for increased Gas Tax revenues based on current estimates.
 Parks and Recreation revenue budget increases of $35,000 and $4,032 are being proposed for increases in recreation program registration and for reimbursements for staff assigned to external special events, respectively.  Miscellaneous year-to-date revenues from hotel tax and business licenses are falling short of budget, however, the shortfall is offset by increased interfund services which account for increased service costs provided to other funds.

When combined, the net revenues in these categories are expected to provide a slight increase from the current budget of $19,132.

Total combined General Fund revenue amendments are an increase of $248,713, which represents approximately 0.4% of the current budgeted revenue.

Expenditures
Personnel costs relating to pension contributions will come in $246,103 lower than originally budgeted resulting from previous additional discretionary payments made by the City on the unfunded pension obligations. These additional payments have the impact of reducing the annual payment amount required by CalPERS. This savings from budget is offset by an increase in healthcare costs of $48,531. Health care premium rates increased 8.9% in 2025 vs. the 6.2% estimate used to prepare the budget.

Police Department is proposing a contractual services budget increase of $100,000 for a new agreement for investigative services, a $36,000 budget amendment for software cost price increases and $28,520 for vehicle maintenance cost increases due to inflationary pressures for repairs, resulting in costs exceeding budget.

Parks and Recreation Department budget increases are proposed for the following:
 Landscape Operations - proposed budget increase of $44,035 for increases in purchased water, storm damage repair costs and one-time costs for landscaping services on Sand Creek Trail.
 Parks Administration - proposed budget increase of $10,328 for an increase in communication costs, price increases for annual software costs, and new location and foot traffic data software.
 Adaptive Recreation - proposed budget increase of $47,539 to account for one calendar quarter of costs for a new Adaptive Recreation Coordinator position along with the associated program costs. The FY 2025/26 costs for the Adaptive Recreation division are estimated at $185,000 for personnel and program costs.
 Brentwood Family Aquatic Center - proposed budget increase of $48,870 for increased part-time salaries ($25,000) due to more training requirements, the purchase of gas monitoring equipment ($3,118) and an increase in purchased water ($20,752).
 Community Center - proposed budget increase of $57,040 for an increase in part-time salaries ($45,000) due to the increased number of City events and additional training requirements and contractual services ($12,040) to account for higher janitorial services contract costs.
 Recreation programs – proposed budget increases for part-time salaries of $9,512 for park staffing needs. In addition, $35,000 is requested for parttime salaries for Liberty High School pool lifeguards and increased gymnastics

participation. This $35,000 amount is offset entirely by registration and rental revenues in the same amount.
 External Special Events – proposed budget increase of $25,200 for parttime salaries to cover external special events, including associated training, and $2,500 for supplies, clothing, safety, and communication costs. These costs are offset by an estimated reimbursement revenue increase of $4,032 after accounting for anticipated fee waivers.

Engineering Department is proposing a $25,200 budget increase for permits/fees/tolls as a result of increased costs of the Contra Costa Clean Water Program.

Total combined General Fund expenditure amendments are an increase of $337,803, which represents approximately 0.5% of the current budgeted expenditures.

ENTERPRISE FUNDS
Solid Waste, Water and Wastewater Enterprise Funds
The City provides residents with Solid Waste, Water and Wastewater services. The charges for these services (user fees), along with the costs for providing the services, are accounted for in individual Enterprise Funds. These funds are self-supporting and do not receive any General Fund support.

User fees are set in accordance with Proposition 218, which requires that customers be given the opportunity to challenge proposed rates. Rate studies are conducted periodically to ensure the enterprise rates are sufficient to cover: operating expenses, capital improvements, upgrades and costs associated with meeting both State and Federal guidelines and regulations. In June 2023, a new 5-year rate study was approved by the City Council. The following budget amendment requests are specific to each Enterprise:

Solid Waste
The Solid Waste Enterprise Fund accounts for the operation, maintenance and capital costs of the solid waste system.

Personnel costs relating to pension contributions will come in $30,337 lower than originally budgeted resulting from previous additional discretionary payments made by the City on the unfunded pension obligations. These additional payments have the impact of reducing the annual payment amount required by CalPERS.

This savings from budget is offset by an increase in healthcare costs of $9,593.

Health care premium rates increased 8.9% in 2025 vs. the 6.2% estimate used to prepare the budget.

A budget amendment of $41,476 is proposed for increased interfund services to account for increased service costs provided by the General Fund.

A budget amendment request of $400,000 is proposed for increased disposal costs for the transportation of yard waste for composting in accord with State regulations. These costs have been accounted for in the current rate study. The Solid Waste Enterprise Fund is projected to maintain its 30% cash reserve as of the end of the fiscal year.

Water
The Water Enterprise Fund accounts for the operation, maintenance and capital costs of the Water system.

Personnel costs relating to pension contributions will come in $30,199 lower than originally budgeted resulting from previous additional discretionary payments made by the City on the unfunded pension obligations. These additional payments have the impact of reducing the annual payment amount required by CalPERS.

This savings from budget is offset by an increase in healthcare costs of $7,723.

Health care premium rates increased 8.9% in 2025 vs. the 6.2% estimate used to prepare the budget.

A budget amendment of $37,891 is proposed for increased interfund services to account for increased service costs provided by the General Fund.

A budget amendment to reduce debt service expenditures by $296,235 is proposed to account for the savings resulting from the 2024 Water Bond, which refinanced the 2014 Water Bond and provides $4.2 million in debt service savings over 14 years.

Wastewater
The Wastewater Enterprise Fund accounts for the operation, maintenance and capital costs of the wastewater system
Personnel costs relating to pension contributions will come in $31,394 lower than originally budgeted resulting from previous additional discretionary payments made by the City on the unfunded pension obligations. These additional payments have the impact of reducing the annual payment amount required by CalPERS.

This savings from budget is offset by an increase in healthcare costs of $8,988.

Health care premium rates increased 8.9% in 2025 vs. the 6.2% estimate used to prepare the budget.

A budget amendment of $30,900 is proposed for increased interfund services to account for increased service costs provided by the General Fund.

Housing Enterprise Fund
The Housing Enterprise Fund accounts for the administration of the housing rental units, Affordable Housing and the First-Time Homebuyers program. A budget amendment of $1,897 is proposed for increased interfund services to account for increased service costs provided by the General Fund.

OTHER FUNDS
Gas Tax – Highway Use Tax
These funds account for monies received from the State of California under Street and Highways Code Sections 2103, 2105, 2106, 2107 and 2107.5. The proposed increase in revenue of $48,327 is based on updated state gas tax revenue projections and represents a 2.7% increase in budgeted tax revenue. These funds are transferred to the General Fund for street maintenance. Due to the projected increase in revenue, an expenditure budget increase of $48,327 is required for transfers out to the General Fund.

Police Grants
The Police Grants Fund accounts for all Federal, State and County grants awarded to the Police Department requiring segregated fund accounting. An amendment is requested to account for the revenues and expenditures associated with the Tobacco Grant Award, both in the amount of $67,557. This grant was accepted by the City Council in November 2024 with the primary purpose of reimbursing the City for personnel costs related to enforcement of tobacco regulations.

Abandoned Vehicle Abatement
This fund accounts for monies that can only be used for the abatement, removal and disposal, as public nuisances, of any abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, from private or public property. A budget amendment of $80,000 is proposed to increase the transfer out to the General Fund of accumulated amounts received in prior fiscal years.

CITY COUNCIL AGENDA ITEM NO. H.2
01/28/2025
SUBJECT: Award of Construction Contract for Public Art Spaces: Fields of Time, CIP Project No. 337-37244; amend the FY 2024/25 – 2028/29 Capital Improvement Program; and amend the FY
2024/25 Operating Budget
DEPARTMENT: Parks and Recreation
STAFF: Darin Gale, Interim Director of Parks & Recreation Thien Nguyen, Recreation Manager

TITLE/RECOMMENDATION
Staff requests the City Council 1) approve the contract documents, award the bid, and authorize the City Manager or designee to execute a construction contract and necessary documents for the Public Art Spaces: Fields of Time (“FOT”) Project, CIP Project No. 337-37244, to MARC Builders LLC dba MARC Engineering as the lowest bidder in the amount of $79,942, plus funding authorization for a 10% contingency amount of $7,994 for additional services, for a total authorization not to exceed amount of $87,936, 2) amend the FY 2024/25 – 2028/29 Capital Improvement Program for the Public Art Spaces CIP Project No. 337-37244 (“Project” or “Public Art Spaces Project”); and 3) amend the FY 2024/25 Operating Budget for the associated funding transfers.

FISCAL IMPACT
The Public Art Spaces Project, CIP Project No. 337-3724 is included in the City’s adopted 2024/25 – 2028/29 Capital Improvement Program (CIP). The CIP Project budget was created to fund the installation of art monuments at select locations throughout the City with a current total Project budget of $786,383. The FOT is one of the monuments included in this Project.

The table below summarizes the FOT project cost history:

CITY COUNCIL AGENDA ITEM NO. H.2
01/28/2025
Detail of the amounts included in the FOT Cost History can be found in Attachment 4: Project Budget History. There is sufficient budget in the Public Art Spaces Project for this contract cost. The proposed construction contract amount for the installation of the FOT art monument is $79,942, plus funding authorization for a 10% contingency of $7,994, for a total not to exceed amount of $87,936.

In addition, staff recommends amending CIP Project No. 337-37244, Public Art Spaces, to update the funding for this Project. The proposed change in funding would remove funding from the Capital Infrastructure Fund in the amount of $286,383 and in its place provide funding from the Public Art Acquisition Fund and Public Art Administration Fund (“Art Funds”). This would have the effect of making the Public Art Spaces Project fully funded by Art Funds, with no increase in the overall Project total budget.

For those new development projects subject to a public art fee, and as defined in the Brentwood Municipal Code, 80% of the art fees are deposited in the Public Art Acquisition Fund and 20% are deposited in the Public Art Administration Fund. The Public Art Funds can only be used for public art projects. Estimated fund balances of the Art Funds at June 30, 2025, including the proposed Project funding change, are $2,961,363 in the Public Art Acquisition Fund and $972,422 in the Public Art Administration Fund.
2019 2024 2025
Artist Contract Amount $ 175,000 $ 174,655 $ 174,655
Contractor Installation Cost* - 50,750 79,942
Total FOT Cost 175,000 225,405 254,597
Contingency 17,500 18,075 20,994
Total FOT Cost
including Contingency $ 192,500 $ 243,480 $ 275,591
Fields of Time Cost History
* 2019 Contract included artist installation. Due to California law requirement for construction on public property, 2024 amount includes artist's estimate of the installation cost in July of 2024, 2025 amount is the contract amount proposed to be approved for installation costs in tonight's action.

CITY COUNCIL AGENDA ITEM NO. H.2
01/28/2025

BACKGROUND
The Public Art Spaces Project is an Economic Development initiative that was approved as part of prior Strategic Plans and will construct interesting and very visible public art pieces or monuments at key entry points in the City of Brentwood. This initiative is intended to showcase the overall identity of Brentwood as anyone enters the City limits.

In 2019, FOT, created by artist Douwe Blumberg was recommended by the Arts Commission and approved by City Council to be the first piece of art in the Public Art Spaces Project. As currently designed (Attachment 6), the monument spans 180 feet long, and 10 feet high. FOT integrates a number of references to Brentwood’s history with different agricultural eras represented in Douwe’s custom metal designed silhouettes. This monument will be located on Brentwood Boulevard, at the Brentwood Police Station.

On July 23, 2024, City Council, by Resolution 2024-81, amended the agreement with Douwe, separating out the fabrication and delivery of the artwork to be done by the artist, and having the City take on the construction components of the project (due to California construction law requirements on public property). Construction components include concrete work and welding of the artwork to the concrete base.

The amendment also addressed other minor changes to the artwork itself and separation of duties of each party in respect to installation of the project.

Following the amendment and separation of duties, formal bid documents were made available to the public on November 19, 2024 for the construction and installation of the monument and a non-mandatory pre-bid site visit was held on December 3, 2024.

The bid opening was held on December 10, 2024, and a total of three (3) bids were received on the date as follows:

Contractor Total of Bid
MARC Builders LLC dba MARC Engineering $79,942.00
B and D Excavation and Construction $87,400.00
Modernscapes Innovations $106,600.00
A project budget history is attached (Attachment 4) to detail changes in the project budget over time. When staff amended the agreement with the artist in July of 2024 the construction costs provided were estimates from the artist from 2023. The low bid (MARC Builders LLC dba MARC Engineering) was under the Engineer’s estimate provided in the bid documents, but was higher than the artist’s estimate from 2023.

CITY COUNCIL AGENDA ITEM NO. H.2
01/28/2025
This explains the significant change in budget costs that is shown from July 2024 to current.

Staff recommends: 1) the award of the construction of the Public Art Space: Fields of Time, CIP Project No. 337-37244 to MARC Builders LLC dba MARC Engineering as being the lowest responsible and responsive bidder for a contract amount of $79,942, plus a funding authorization for a 10% contingency of $7,994, for a total funding authorization not to exceed amount of $87,936, and 2) amend the FY 2024/25 – 2028/29 Capital Improvement Program for the Public Art Spaces Project, CIP Project No. 337-37244 (“Project” or “Public Art Spaces Project”), and 3) amend the FY 2024/25 Operating Budget for the associated funding transfers.

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

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

DATE OF NOTICE
The Notice Inviting Bids was published in the legal section of The Press on November 22, 2024 and November 29, 2024.

ENVIRONMENTAL DETERMINATION
Not Applicable.

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

1. Do not approve staff’s recommendation and the installation of the art piece will not be able to be completed.

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

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

This could include but not be limited to rejecting all bids and seeking to re-bid the project, or other specific direction for staff. This alternative option will impact the City and artist’s ability to complete the art installation by December 2025, further delaying the project, and possibly increasing the cost of the project.

CITY COUNCIL AGENDA ITEM NO. H.2
01/28/2025

ATTACHMENT(S)

1. Attachment 1: Previous Action

2. Attachment 2: Resolution

3. Attachment 3: Amended CIP Sheet

4. Attachment 4: Project Budget History

5. Attachment 5: Construction Contract

6. Attachment 6: Fields of Time – Concept/Design

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

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

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

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

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

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

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

On May 28, 2024, by Resolution 2024-56, City Council adopted the FY 2024/25 – 2028/29 Capital Improvement Program, which includes the Public Art Spaces Project, CIP Project No. 337-37244.

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

On July 23, 2024, by Resolution 2024-81, City Council 1) approved and authorized the City Manager or designee to execute an amendment to the agreement for artist services with Douwe Blumberg for the Public Art Spaces – Phase 1 Project, CIP Project No. 337-37244 with a not to exceed amount of $187,655 and 2) amend the FY 2024- 25-2028/29 Capital Improvement Program.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD TO 1) APPROVE THE CONTRACT DOCUMENTS,

AWARD THE BID, AND AUTHORIZE THE CITY MANAGER OR

DESIGNEE TO EXECUTE A CONSTRUCTION CONTRACT AND
NECESSARY DOCUMENTS FOR THE PUBLIC ART SPACES: FIELDS
OF TIME (FOT) PROJECT, CIP PROJECT NO. 337-37244, TO

MARC BUILDERS LLC DBA MARC ENGINEERING AS THE LOWEST
BIDDER IN THE AMOUNT OF $79,942, PLUS FUNDING
AUTHORIZATION FOR A 10% CONTINGENCY AMOUNT OF
$7,994 FOR ADDITIONAL SERVICES, FOR A TOTAL
AUTHORIZATION NOT TO EXCEED AMOUNT OF $87,936, 2)
AMEND THE FY 2024/25 – 2028/29 CAPITAL IMPROVEMENT
PROGRAM FOR THE PUBLIC ART SPACES, CIP PROJECT NO.
337-37244, (“PROJECT” OR “PUBLIC ART SPACES PROJECT”);
AND 3) AMEND THE FY 2024/25 OPERATING BUDGET FOR THE

ASSOCIATED FUNDING TRANSFERS
WHEREAS, on February 28, 2017, by Resolution No. 2017-24, City Council approved two viable locations for the Citywide Gateway Monuments “4-Corners” Project (renamed Public Art Spaces); and
WHEREAS, on April 17, 2019, the Arts Commission approved a recommendation to City Council for approval of two Public Art Spaces locations, artists and designs, including Douwe Blumberg’s project on Brentwood Boulevard; and
WHEREAS, on April 23, 2019, by Resolution No. 2019-54, City Council approved two viable locations, artists and designs for the Public Art Spaces project; and
WHEREAS, on May 7, 2019, City Council approved the City public art location prioritization; and
WHEREAS, on May 28, 2019, by Resolution No 2019-68, City Council adopted the 2019/20 – 2023/24 Capital Improvement Program (CIP) which included the Public Arts Spaces project; and
WHEREAS, on August 13, 2019, by Resolution 2019-68, City Council approved and authorized the City Manager or Designee to execute an artist services agreement with Douwe Blumberg for the Public Arts Spaces CIP #337-37244 on Brentwood Boulevard in the amount of $175,000, plus a 10% contingency of $17,500 for a total amount of $192,500; and
WHEREAS, on May 28, 2024, by Resolution 2024-56, City Council adopted the FY 2024/25 – 2028/29 Capital Improvement Program, which includes the Public Art Spaces Project, CIP Project No. 337-37244; and
WHEREAS, on June 25, 2024, by Resolution 2024-73, City Council adopted the FY 2024/25 – 2025/26 Operating Budget; and

WHEREAS, on July 23, 2024, by Resolution 2024-81, City Council 1) approved and authorized the City Manager or designee to execute an amendment to the agreement for artist services with Douwe Blumberg for the Public Art Spaces:

Project, CIP Project No. 337-37244 with a not to exceed amount of $187,655 and 2) amend the FY 2024-25-2028/29 Capital Improvement Program.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood 1) approves the contract documents, awards the bid, and authorizes the City Manager or designee to execute a construction contract and necessary documents for the Public Art Spaces: Fields of Time (FOT) Project, CIP Project No. 337-37244, to MARC Builders LLC dba MARC Engineering as the lowest bidder in the amount of $79,942, plus funding authorization for a 10% contingency amount of $7,994 for additional services, for a total authorization not to exceed amount of $87,936, 2) amends the FY 2024/25 – 2028/29 Capital Improvement Program for the Public Art Spaces, CIP Project No. 337-37244, (“Project” or “Public Art Spaces Project”) as detailed in the amended CIP project sheet, Attachment 3, incorporated herein by reference; and 3) amends the FY 2024/25 Operating Budget for the associated funding transfers.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 28th day of January, 2025, by the following vote:

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

Public Art Spaces 337-37244
Description/Justification:

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

Project Status:

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

Supplemental Information:

Funding consists of $157,277 from the Public Art Administration Fund and $629,106 from the Public Art Acquisition Fund. The future annual O & M impact is undetermined at this time. The project was included in the City’s Strategic Plan for FY 2016/17 - FY 2017/18.

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

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

Attachment 4
Studio expenses (salaries,
materials, consumables, etc.) $40,000
Studio expenses (salaries,
materials, consumables, etc.) $47,000
Engineering (CA licensed
engineer) $5,000
Engineering (CA licensed
engineer) $5,000 *
Execution of
Agreement and Start
of Project 9/5/2019 $87,500
Execution of
Agreement and
Start of Project 9/5/2019 $87,500
Design and fabrication
expenses (metal, laser
cutting, painting, etc.) $54,000
Design and fabrication
expenses (metal, laser
cutting, painting, etc.) $54,000 *
Hoop Forging and
Silhouette Cutting 6/3/2020 $43,750
Hoop Forging and
Silhouette Cutting 6/3/2020 $43,750
Transportation (metal pickup,
pickup to/from laser cutters,
etc.) $5,000
Transportation (metal pickup,
pickup to/from laser cutters,
etc.) $7,000
Remobilization of
Project and Updated
Rendering tbd $20,405
Remobilization of
Project and
Updated Rendering tbd $20,405
Concrete work (local
contractor) low wall and
piers $15,000
Concrete work (local
contractor) low wall and piers $23,350
Completion of
Silhouettes (Tree)
and transportation
preparation tbd $11,000
Completion of
Silhouettes (Tree)
and transportation
preparation tbd $11,000
Lighting (local contractor) $7,000
Lighting (This can be
eliminated to save expense) $14,000
Completion and
Acceptance of Project tbd $12,000
Completion and
Acceptance of
Project tbd $12,000
Artists’ Fee $40,000 Artist's Fee $48,000
Installation trip (vehicles,
equipment rentals, salaries,
per-diem, etc.) $7,000
Installation trip (vehicles,
equipment rentals, salaries,
per-diem, etc.) $12,000
Insurance $2,000 Insurance $2,000 *
8/21 site visit (time and
expenses: site was
unprepared for artist visit) $2,250
Delayed project storage fee
(2 years) $2,400
FOT Artist Contract Amount $175,000
FOT Artist Contract
Amount (1) $174,655
FOT Artist Contract
Amount $174,655
City Bid - Contractor
Award Estimate
Proposed
Contractor Award -
MARC Engineering
Installation Cost
(Concrete, Lighting,
Welding, Equipment) $50,750
Installation Cost
(Concrete, Lighting,
Welding,
Equipment) (2) $79,942
Project Cost $175,000 Estimated Project Cost $217,000 Estimated Project Cost $225,405 Estimated Project Cost $254,597 Contingency $17,500 Contingency $21,700 Contingency $18,075 Contingency $20,994 2019 Total Project Cost $192,500 2023 Est. Project Cost $238,700 7/24/2024 Total Project Costs $243,480 6/11/2024 Total Est. Project Costs $275,591 *Costs in Green have NOT Changed
(1) Net decrease in artist compensation from
removal of installation cost of $8,750 and
additional costs for updates to silhouettes of
$8,405.
(2) Increase in Construction Costs - bid
came in higher than previous artist
estimate
Payment Schedule for FoT to Artist Payment Schedule for FoT to Artist 2023 Revised Estimated Fields of Time
2019 Original Fields of Time Contract Budget
Proposed Award of Construction
(January 28, 2025)
FOT Contract Amendment No. 1
(approved July 23, 2024)

Contract
This public works contract (“Contract”) is entered into by and between the City of Brentwood (“City”) and MARC Builders LLC dba MARC Engineering (“Contractor”), for work on the Public Art Spaces – Phase 1 “Fields of Time” Project (“Project”), CIP Project No. 337-37422.

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On January 28, 2025, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.

City has elected to include the following Project alternate(s) in the Contract: No alternates.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

2.13 The following: No other documents

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $79,942 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 30 calendar days from the start date set forth in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $500 per day for each day of unexcused delay in achieving Final

Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors, and agents may not have, maintain, or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:

City:

City of Brentwood
Parks and Recreation Department
150 City Park Way
Brentwood, CA 94513
Phone: (925) 516-5359
Attn: Thien Nguyen, Recreation Manager
Email: [email protected]
Copy to: Tammy Homan, Management Analyst
[email protected]

Contractor:

MARC Builders LLC dba MARC Engineering
406 Dickey Ct.

Suisun, CA 94585
Phone: (707) 688-3599
Attn: Elias Meza, Assistant Estimator
Email: [email protected]

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Contra Costa County Superior Court, and no other place.

Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Contra Costa County, California.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code § 313.

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

The parties agree to this Contract as witnessed by the signatures below:

CITY: Approved as to form:
s/_______________________________ s/__________________________________ Tim Y. Ogden, City Manager Katherine Wisinski, City Attorney Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
Amanda McVey, City Clerk
Date: ___________________________
CONTRACTOR: MARC Builders LLC dba MARC Engineering
s/_______________________________ Seal:
_________________________________
Name, Title
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Name, Title
Date: ____________________________
1125149 Expires 08/31/2026
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT

Payment Bond
The City of Brentwood (“City”) and MARC Builders LLC dba MARC Engineering (“Contractor”) have entered into a contract for work on the Public Art Spaces – Phase 1 “Fields of Time” Project (“Project”), CIP Project No. 337-37422. The Contract is incorporated by reference into this Payment Bond (“Bond”).

1. General. Under this Bond, Contractor as principal and ____________________________, its surety (“Surety”), are bound to City as obligee in an amount not less than $79,942, under California Civil Code § 9550 et seq., to ensure payment to authorized claimants. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor.

2. Surety’s Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code § 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors under California Unemployment Insurance Code § 13020 with respect to the work and labor, then Surety will pay the obligation.

3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code § 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond.

4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect.

5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code § 9550. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows:

Attn: ______________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ____________________________________________________ Email: ____________________________________________________

6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Contra Costa County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond. [Signatures are on the following page.]

7. Effective Date; Execution. This Bond is entered into and is effective on __________, 20__.

SURETY:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR:

MARC Building LLC dba MARC Engineering
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
APPROVED BY CITY:

City of Brentwood
s/ __________________________________ ______________________________ Tim Y. Ogden, City Manager Date

END OF PAYMENT BOND

Performance Bond
The City of Brentwood (“City”) and MARC Building LLC dba MARC Engineering (“Contractor”) have entered into a contract for work on the Public Art Spaces – Phase 1 “Fields of Time” Project (“Project”), CIP Project No. 337-37422. The Contract is incorporated by reference into this Performance Bond (“Bond”).

1. General. Under this Bond, Contractor as principal and ___________________________, its surety (“Surety”), are bound to City as obligee for an amount not less than $79,942 to ensure Contractor’s faithful performance of its obligations under the Contract. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor.

2. Surety’s Obligations. Surety’s obligations are co-extensive with Contractor’s obligations under the Contract. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety’s obligations under this Bond will become null and void.

Otherwise, Surety’s obligations will remain in full force and effect.

3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845.

4. Application of Contract Balance. Upon making a demand on this Bond for completion of the Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which City is entitled under the terms of the Contract.

5. Contractor Default. Upon written notification from City of Contractor’s termination for default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action:

5.1 Arrange for completion of the Work under the Contract by Contractor, with City’s consent, but only if Contractor is in default solely due to its financial inability to complete the Work;

5.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety’s expense; or

5.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City’s costs to have the remaining Work completed.

6. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety’s default, including legal, design professional, or delay costs.

7. Notice. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows:

Attn: ______________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ____________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________

8. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Contra Costa County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.

9. Effective Date; Execution. This Bond is entered into and effective on ____________________, 20___.

SURETY:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR:

MARC Builders LLC dba MARC Engineering
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
APPROVED BY CITY:

City of Brentwood
s/ __________________________________ ______________________________ Tim Y. Ogden, City Manager Date

END OF PERFORMANCE BOND

Attachment 5
Fields of Time (Concept and Design)
*
* this figure to be
changed to Option J
Note: These images are renderings of the project
prior to additional changes that were agreed upon
between the City and Artist. Overall concepts for
project will remain while details are finalized prior
to project completion.

CITY COUNCIL AGENDA ITEM NO. J.1
01/28/2025
SUBJECT: Consider a request from Council Member Mendoza requesting an update on the wall located in Summerset
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Amanda McVey, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Mendoza requesting an update on the status of improvements to a wall located in Summerset at Balfour Road and Fairview Avenue.

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

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

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable

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

DATE OF NOTICE
Not Applicable

CITY COUNCIL AGENDA ITEM NO. J.1
01/28/2025

ENVIRONMENTAL DETERMINATION
Not Applicable

ATTACHMENT(S)

1. Previous Action

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

On May 28, 2024, City Council, by motion, moved $800,000 from the projected 23/24 Surplus to the General Fund Reserves to be set aside until after an analysis of the wall can be done. Additionally, City Council directed staff to bring back as a project sheet to be added to the CIP when information on the project and funding is available.

On August 13, 2024, Council Member Mendoza requested a future agenda item to request staff prepare a memorandum on the status of the Summerset wall located at Balfour Road and Fairview Drive.

On August 27, 2024, the City Council, by motion, continued the item to the next available City Council meeting date.

On September 10, 2024, Bruce Mulder, Director of Parks and Recreation, updated the City Council regarding the project's status. Council Member Mendoza withdrew her request for a memo.

On January 14, 2025, Council Member Mendoza requested an update on the status of the project.

CITY COUNCIL AGENDA ITEM NO. J.2
01/28/2025
SUBJECT: Consider a request from Council Member Mendoza requesting an update on the Vineyard Parkway traffic study
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Amanda McVey, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Mendoza requesting an update from staff regarding the status on the Vineyard Parkway traffic study.

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

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

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

ATTACHMENT(S)

1. Previous Action

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

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

On April 9, 2024, the City Council received a report on Vineyards Parkway and directed staff to:
 Paint speed limit on the pavement on Vineyards Parkway at locations deemed appropriate by the City traffic engineer (and potentially Vintage Place).  Complete re-assessment of stop sign warrant to determine if any further conditions are met.
 Install stop signs if warranted. If not, return to Council with a report.  Reduce landscaping 24-inches in height or greater where needed at the discretion of City staff.
 Continue seeking grants for RRFB’s.
 As staff completes the tasks above, factor the existence of parks into work.  Be proactive on Vineyards amphitheater mitigations or compliance with traffic standards.

On September 24, 2024, the City Council received an update on Vineyards Parkway Traffic and directed staff to have a new traffic study conducted.

On January 14, 2025, Council Member Mendoza requested an update on the Vineyard Parkway traffic study.

CITY COUNCIL AGENDA ITEM NO. J.3
01/28/2025
SUBJECT: Consider a request from Council Member Mendoza requesting an update on the Town Hall on Business Permitting and License Efficiencies
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Amanda McVey, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Mendoza requesting an update on the status of the town hall regarding a discussion on potential improvements to the permitting and business license process.

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

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

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable

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

DATE OF NOTICE
Not Applicable

ATTACHMENT(S)

1. Previous Action

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

On August 13, 2024, Council Member Mendoza requested a future agenda item requesting staff hold a town hall inviting business to provide feedback on potential improvements to the permitting and business license process.

On October 8, 2024, City Council, by motion, directed staff to spend time and money to put together either a town hall or a survey of the businesses that have opened in the last 12 months to gather information so that we can start helping businesses open faster and move faster through the system.

On January 14, 2025, Council Member Mendoza requested an update on the town hall regarding business permitting and license efficiencies.

CITY COUNCIL AGENDA ITEM NO. J.4
01/28/2025
SUBJECT: Consider a request from Council Member Mendoza requesting an update on the Vineyards at Marsh Creek Amphitheater
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Amanda McVey, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Mendoza requesting an update regarding the Vineyards at Marsh Creek Event Center/ Amphitheater Phase I, CIP No. 337-37231.

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

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

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable

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

DATE OF NOTICE
Not Applicable

ATTACHMENT(S)

1. Previous Action

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

On April 13, 2004, the City Council approved the Environmental Impact Report, the Development Agreement, the General Plan Amendment and the Rezone for The Vineyards at Marsh Creek Project.

On January 11, 2011, the City Council adopted Ordinance No. 886, approving the first amendment to the Development Agreement for The Vineyards at Marsh Creek Project.

On December 11, 2012, the City Council adopted Ordinance No. 908, approving the second amendment to the Development Agreement for The Vineyards at Marsh Creek Project.

On November 16 and 17, 2017, the City Council held workshops to discuss, deliberate and direct staff on City Council priorities and the allocation of financial resources for the development of a two-year City of Brentwood Strategic Plan. Direction was provided to initiate the amphitheater feasibility study in Fiscal Year 2017/18.

On January 23, 2018, by Resolution No. 2018-07, the City Council amended the 2017/18 Operating Budget and approved the recommended mid-year budget adjustments, including an amendment of $100,000 for funding of the Vineyards amphitheater feasibility study.

On May 8, 2018, by Resolution No. 2018-47, the City Council approved and authorized the City Manager or designee to execute a Professional Services Agreement with C.H. Johnson Consulting, Inc., to perform an amphitheater feasibility study in an amount not to exceed $99,920.

On August 13, 2019, the City Council accepted an informational report regarding the amphitheater feasibility study and provided initial direction to staff, with further City Council direction regarding possible implementation and prioritization to be provided during the upcoming Strategic Planning Process.

On February 25, 2020, by Resolution No. 2020-24, the City Council approved and authorized the use of the design-build methodology for the bidding process of The Vineyards at Marsh Creek – Event Center / Amphitheater, CIP Project No. 337-37231.

On February 9, 2021, by Resolution No. 2021-19, the City Council approved and authorized the City Manager to execute an Agreement for Architectural Design Services with DLR Group in the amount of $362,950, plus a 10% contingency of $36,295, for a total not-to-exceed amount of $399,245, for The Vineyards at Marsh Creek – Event Center / Amphitheater, CIP Project No. 337-37231.

On May 25, 2021, by Resolution No. 2021-59, the City Council adopted the City’s 2021/22 – 2025/26 Capital Improvement Program (“CIP”), which included the Vineyards at Marsh Creek – Event Center/Amphitheater, CIP Project No. 337-37231.

On December 14, 2021, by Resolution No. 2021-149, the City Council approved and authorized the City Manager to execute an Agreement for Environmental Services with Raney Planning & Management, Inc. for preparation of a Subsequent Environmental Impact Report in the amount of $169,420, plus a 10% contingency of $16,942, for a total not-to-exceed amount of $186,362, for the Vineyards at Marsh Creek – Event Center/Amphitheater, CIP Project No. 337-37231.

On January 23, 2024, by motion, the City Council directed staff to (1) move forward with Subsequent EIR process with current project description, (2) examine scaling and phasing options to reduce costs and potentially serve as project alternatives, and (3) explore grant opportunities and partnerships.

On April 30, 2024, by motion, the City Council provide the following direction to staff:
 Research (a) availability of using existing Public Art funds for amphitheater/performance arts purposes, or, if necessary (b) possibility of amending Public Art ordinance to allow existing funds to be used for amphitheater/performance arts purposes
 Work with consultant on developing new concept that would include, within currently available project budget for Option C:
 Stage in upper area in a location that is sensitive to noise impacts  Removal of wedding pavilion
 Lights to allow use of facility at night
 Area for food trucks to come and go (not be permanently parked)  Possibility of use by operations such as Farmers’ Market when not in use for performances
 Analysis of impacts of (a) noise and (b) light of siting performance area at top of site
 Seating for facility users (not solely lawn seating) – as art pieces?  Evaluation of ADA considerations for both upper phase and lower phase  Evaluation of parking needs based on new vision – consider same types of parking as used in Sand Creek sports complex
 Break down cost by phase and amenity (as was done for Sand Creek sports complex)
 Preserving lower area for development of full amphitheater in the future, as funds allow
 Removal of art pieces and repurposing of funds for performance arts  Accept public comment in the course of next City Council meeting at which this is considered

Council will reassess after evaluating this new concept. Bring back to Council as soon as ready for review.

On January 14, 2025, Council Member Mendoza an update on the Vineyards at Marsh Creek Amphitheater.

CITY COUNCIL AGENDA ITEM NO. J.5
01/28/2025
SUBJECT: Consider a request from Council Member Mendoza requesting a review of the Farmers Market configuration
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Amanda McVey, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Mendoza requesting a review of the configuration of the Farmers Market, considering the advantages and disadvantages to the businesses in the downtown.

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

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

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable

PREVIOUS ACTION
None

DATE OF NOTICE
Not Applicable

ATTACHMENT(S)
None

CITY COUNCIL AGENDA ITEM NO. J.6
01/28/2025
SUBJECT: Consider a request from Council Member Mendoza requesting a review of the Public Information Officer position
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Amanda McVey, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Mendoza requesting a review and possible reinstating of the Public Information Officer position.

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

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

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable

PREVIOUS ACTION
None

DATE OF NOTICE
Not Applicable

ATTACHMENT(S)
None

CITY COUNCIL AGENDA ITEM NO. J.7
01/28/2025
SUBJECT: Consider a request from Council Member Oerlemans and Vice Mayor Pierson requesting an amendment to the Downtown
Specific Plan to allow tattoo shops
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Amanda McVey, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Oerlemans and Vice Mayor Pierson requesting a potential amendment to the Downtown Specific Plan to allow tattoo shops.

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

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

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable

PREVIOUS ACTION
None

DATE OF NOTICE
Not Applicable

ATTACHMENT(S)
None

CITY COUNCIL AGENDA ITEM NO. J.8
01/28/2025
SUBJECT: Consider a request from Council Member Maloney and Mayor Meyer requesting the City facilitate a Mental Wellness and Resilience Workshop with the Contra Costa Justice Center DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Amanda McVey, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Maloney and Mayor Meyer for the City to facilitate a mental wellness and resilience workshop with the Contra Costa Justice Center with Council Member Maloney serving as the Council liaison; covering topics of suicide prevention, mental wellness and mindfulness, and trauma and treatment.

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

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

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable

PREVIOUS ACTION
None

DATE OF NOTICE
Not Applicable

CITY COUNCIL AGENDA ITEM NO. J.8
01/28/2025

ATTACHMENT(S)
None

CITY COUNCIL AGENDA ITEM NO. J.9
01/28/2025
SUBJECT: Consider a request from Mayor Meyer requesting the City collaborate with the East Bay Regional Park District to repurpose the Flag Barn
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Amanda McVey, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Mayor Meyer requesting a potential collaboration with the East Bay Regional Park District to repurpose the Flag Barn, currently located off Vasco Road, onto a public space.

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

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

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable

PREVIOUS ACTION
None

DATE OF NOTICE
Not Applicable

ATTACHMENT(S)
None