Agenda packet, second session — Brentwood City Council, April 8, 2025 (part 1 of 2)

APRIL 8, 2025, 7:00 PM

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

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

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

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

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

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

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

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

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

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

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

AMENDED CITY COUNCIL/SUCCESSOR AGENCY AGENDA

AMENDED TO INCLUDE PRESENTATIONS
Zoom Webinar ID: 760 1397 0037

April 8, 2025, 7:00 p.m.

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

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

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

In order to ensure that all speakers feel welcome to share their views, members of the audience are kindly requested to refrain from applauding or speaking to the Council from the audience without being called upon first.

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

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

E. PRESENTATIONS
E.1 Brentwood Police Department Annual Performance Report F. CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by one motion. If discussion is required, that particular item will be removed from the consent calendar and will be considered separately.

F.1 Meeting Minutes of March 25, 2025
Special City Council Meeting of March 25, 2025
City Council / Successor Agency Meeting of March 25, 2025 F.2 A Proclamation recognizing April 20 - 26, 2025, as National Volunteer Week F.3 A Proclamation recognizing April 22, 2025, as Earth Day F.4 Award of contract to Modernscapes Innovations for the Pavement Management Program 2025 (Concrete), CIP Project No. 336-31704 for $436,523 Title/Recommendation
Staff recommends that the City Council adopt a Resolution approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a contract and necessary documents for the Pavement Management Program 2025 (Concrete), CIP Project No. 336-31704, (“Project”). Modernscapes Innovations (“Modernscapes”) is the lowest responsible and responsive bidder in the amount of $379,586, plus funding authorization for a 15% contingency of $56,937, for a total funding authorization not to exceed amount of $436,523.

F.5 Consideration of the proposed updated list of Proclamations for 2025 Title/Recommendation
Approve the proposed updated list of Proclamations for 2025.

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

G.1 Adoption of an ordinance amending Section 8.36.035 (Weed Abatement) of the Brentwood Municipal Code to ensure consistency with state law, incorporate Contra Costa County Fire Protection District standards, and clarify the use of livestock Title/Recommendation
Waive the first reading of and introduce an ordinance amending Section 8.36.035 (Weed Abatement) of the Brentwood Municipal Code to, among other things, ensure consistency with the California Health and Safety Code, incorporate Contra Costa County Fire Protection District standards, and clarify the use of livestock.

Adoption of the ordinance is not subject to CEQA pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, adoption of the ordinance is exempt under CEQA pursuant to Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment) of the CEQA Guidelines because the ordinance will not cause a change in any of the physical conditions within the area affected by the ordinance.

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

H.1 Amendment to Brentwood Municipal Code Chapter 7.02 to address camping on City property
Title/Recommendation
Introduce and waive the first reading of an Ordinance amending Brentwood Municipal Code Chapter 7.02 to address camping on City property.

The Ordinance is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the State CEQA Guidelines, as it can be seen with certainty that there is no possibility that it may have a significant effect on the environment.

H.2 Pacific Coast Farmers’ Market Association Farmers Market Expansion

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Title/Recommendation
Receive an informational report and provide direction if necessary on the expansion of the Downtown Brentwood Saturday Farmers Market.

H.3 Receive, discuss, and provide direction to City Staff on Radiant Convergence, Public Art Spaces CIP Project #337-37244, including potentially approving Amendment No. 2 for Public Art Spaces “Radiant Convergence” Agreement with Motivated Metal Title/Recommendation
Receive, discuss and provide direction to City Staff on Radiant Convergence, Public Art Spaces Capital Improvement Program (CIP) Project #337-37244.

Staff recommends that the City Council adopt a Resolution authorizing the City Manager or designee to execute Amendment No. 2 to the Agreement for Artist Services with Motivated Metal for the “Radiant Convergence” project (“monument” or “project”), to increase compensation to the artist in the amount of $5,000, amend the scope of services, and allow for minor additional non-substantive revisions to it, in consultation with the City Attorney.

Actual installation construction costs, estimated up to $220,000, will be brought forward for approval at a future City Council meeting.

I. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Members wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for the next Council meeting
J. ADJOURNMENT
Any disclosable public records related to an agenda item for the open session of this meeting distributed to all or a majority of the City Council less than 72 hours before this meeting is available for inspection at City Hall, located at 150 City Park Way, during normal business hours.

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

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

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

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

POSTING STATEMENT
On April 4, 2025, a true and correct copy of this amended agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov

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A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov

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1 SPECIAL CITY COUNCIL MINUTES
March 25, 2025, 5:30 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Meyer called the meeting to order at 5:30 p.m.

Roll Call found the following members present: Maloney, Mendoza, Oerlemans, and Mayor Meyer with Vice Mayor Pierson absent.

B. PLEDGE OF ALLEGIANCE
Mayor Meyer led the Pledge of Allegiance.

C. PUBLIC COMMENTS
Mayor Meyer opened public comments.

Danny Dohrmann provided comments regarding the Public Employee Performance Evaluation.

There being no additional speakers, Mayor Meyer closed public comments.

D. RECESS TO CLOSED SESSION
City Council recessed to Closed Session at 5:36 p.m.

Vice Mayor Pierson joined via Zoom at 5:37 p.m. and participated remotely in accordance with the Brown Act, under the AB 2302 "just cause" provision.

E. BUSINESS ITEMS
E.1 CONFERENCE WITH LABOR NEGOTIATORS
E.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
F. RECONVENE IN OPEN SESSION
Mayor Meyer reconvened the meeting in open session at 7:20 p.m. and stated there was nothing to report out from Closed Session.

G. ADJOURNMENT
Council Member Mendoza moved to adjourn, seconded by Council Member Maloney.

The motion passed unanimously by roll call vote and the Special City Council Meeting adjourned at 7:21 p.m.

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1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
March 25, 2025, 7:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Meyer called the meeting to order at 7:21 p.m.

Roll Call found the following members present in the Council Chamber:

Maloney, Mendoza, Oerlemans, and Mayor Meyer.

Vice Mayor Pierson participated remotely via Zoom in accordance with the Brown Act, under the AB 2302 "just cause" provision.

B. PLEDGE OF ALLEGIANCE
Mayor Meyer led the Pledge of Allegiance.

C. PUBLIC COMMENTS
Mayor Meyer opened public comments.

Danny Dohrmann spoke in opposition of the proposed location for the downtown fire station but in support of Veterans.

Melissa van Ruiten provided comments regarding the need for a dedicated space for a performing arts center in Brentwood.

Daniel Duran spoke in opposition of the proposed location for the downtown fire station and urged the City to consider a location off of Sand Creek.

Michael Clement spoke in opposition of the proposed location for the downtown fire station and urged the City to consider a location off of Sand Creek.

Mike Meyokovich spoke in opposition of the proposed location of the downtown fire station.

Chris Juarez spoke in support of allowing a tattoo shop in the downtown business area.

Travis Martin spoke in opposition of the proposed location for the downtown fire station.

Dolores Long spoke in opposition of the proposed location for the downtown fire station and urged the City to consider a location off of Sand Creek.

There being no additional speakers, Mayor Meyer closed public comments.

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2 D. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Council Member Oerlemans reported on attendance at a review for the Tri Delta Transit meeting; Police Activities League board meeting; recording session for the State of the City; Police Department's 3rd annual military equipment report; Chamber of Commerce mixer; and three briefings regarding the incident that occurred almost 16 years ago when four officers from the Oakland Police Department were killed in the line of duty, one at the Contra Costa Police Academy and two at the Brentwood Police Department.

Council Member Maloney reported on attendance at the District One Town Hall meeting at the Streets of Brentwood; tours of two youth centers, the Rice Center in Richmond and Girls Inc. Youth Center in Oakland with Supervisor Diane Burgis; community event to break the Ramadan fast at the Brentwood Muslim Community Center; two Farmers Markets; and the Contra Costa Winegrowers Wine Trolley event.

Council Member Mendoza reported on attendance at the Trilogy Home Owners Association meeting; District One Town Hall meeting at the Streets of Brentwood; meeting with East Bay Regional Park Board Member, presentation by Colin Coffey, Ward 7 Board Member of East Bay Regional Parks; Know Your Rights event with Immigration Institute of the Bay Area, held at the Brentwood Community Center; Planning Commission meeting; Cal Cities Latino Caucus public relations strategic plan meeting; and various meetings with residents regarding different topics.

Vice Mayor Pierson reported on attendance at the Police Activities League Crab Feed; watched the Planning Commission meeting; watched the Assembly Session where Gigi Crowder, Chief Executive Officer of National Alliance on Mental Illness, receive the Woman of the Year award from Assembly Member Anamarie Avila Farias; Town Hall for Congressman Mark Desaulnier; League of California Cities webinar regarding the legislation they are going to support; Boys and Girls Club of Contra Costa County 70th Anniversary and Ribbon Cutting for their partnering with Santa Clara; recording session for the State of the City; and the African-American Holistic Wellness Hub steering committee meeting.

Mayor Meyer reported on attendance at a meeting with Center Cal regarding the Streets of Brentwood; Trilogy Home Owners Association meeting; Swearing In ceremony for Brentwood's new Art Commissioners; Art Commission meeting; TRANSPLAN and East Contra Costa Regional Fee and Financing Authority meetings for State Route 4 Bypass; meeting with the Brentwood Tobacco Work Group; presentation by Colin Coffey, Ward 7 Board Member of East Bay Regional Parks; Congressman Mark Desaulnier's virtual roundtable for women leaders and Mayors in Congressional District 10; Know Your Rights event with Immigration Institute of the Bay Area, held at the Brentwood Community Center; an interview with Cody Stark of Good Day Sacramento at the East Contra Costa Historical Museum; Swearing In

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3 ceremony for Brentwood's new Planning Commissioners; Planning Commission meeting; meeting with Kerry Breen, City Treasurer/Director of Finance & Information Services; Community Day of Service planning meeting; Town Hall for Congressman Mark Desaulnier; served lunch at the Meals on Wheels Diablo Region Annual Community Champions Week; and the community event to break the Ramadan fast at the Brentwood Muslim Community Center.

E. CONSENT CALENDAR
Moved by: Jovita Mendoza, Council Member
Seconded by: Faye Maloney, Council Member
The Council adopted the Consent Calendar as recommended by staff with the inclusion of the revised Appointment List provided to Council for Item E.8.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
E.1 Minutes of the City Council/Successor Agency meetings of March 11, 2025
Accepted the Minutes of the City Council/Successor Agency meetings of March 11, 2025.

E.2 A Proclamation recognizing April 2025 as Arab American Heritage Month
By Proclamation, recognized April 2025 as Arab American Heritage Month
E.3 A Proclamation recognizing April 2025 as National Diversity Awareness Month
By Proclamation, recognized April 2025 as National Diversity Awareness Month.

Council Member Maloney presented the proclamation to Melissa van Ruiten.

E.4 A Proclamation recognizing April 2025 as National Autism Acceptance Month
By Proclamation, recognized April 2025 as National Autism Acceptance Month.

E.5 A Proclamation recognizing April 6 - 12, 2025, as National Library Week
By Proclamation, recognized April 6 - 12, 2025, as National Library Week.

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4 E.6 A Proclamation recognizing April 9, 2025, as National Former Prisoner of War Recognition Day
By Proclamation, recognized April 9, 2025, as National Former Prisoner of War Recognition Day.

E.7 A Resolution approving and authorizing the City Manager or designee to execute a Professional Services Agreement with NBS Government Finance Group for assessment engineering and special tax consulting services for the City’s Community Facilities Districts
Adopted Resolution No. 2025-27 approving and authorizing the City Manager or designee to execute a Professional Services Agreement with NBS Government Finance Group (“NBS”) for assessment engineering and special tax consulting services for the City’s Community Facilities Districts (CFDs), Bond Assessment Districts, and Deferred Developer Fee Program in an amount not to exceed $135,000 for 2025/26 assessment year activities and $135,000 for 2026/27 assessment year activities; and an option to extend the term of the agreement for services for two additional assessment years.

E.8 Approve revisions to City Council Committee appointments for 2025 Approved the revised City Council Committee appointments for 2025; appointing Council Member Oerlemans as the primary Board Member for the East Contra Costa County Habitat Conservancy Governing Board and Mayor Meyer as the alternate Board Member.

E.9 Review and approval of the Housing Element Annual Progress Report for calendar year 2024
Adopted Resolution No. 2025-28 finding that the Annual Progress Report accurately reflects the Housing Element implementation for calendar year 2024; accepting the report as required by the State of California; and directing staff to forward the report to the Governor's Office of Land Use and Climate Innovation (LUCI) and the State Department of Housing and Community Development (HCD).

E.10 Consideration of a resolution documenting the City Council’s review and approval of the General Plan Annual Progress Report for calendar year 2024
Adopted Resolution No. 2025-29 finding that the Annual Progress Report accurately reflects the General Plan implementation for calendar year 2024; accepting the report as required by the State of California; and directing staff to forward the report to the Governor's Office of Planning & Research and the State Department of Housing and Community Development.

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5 E.11 Consideration of actions pertaining to the City’s Landscape and Lighting Assessment Districts, including Landscape and Lighting Assessment Districts No. 19-3 and No. 21-1, and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2025/26
Adopted Resolution No. 2025-30, appointing Francisco & Associates, Inc., (“FAI”) as the Engineer of Work for the Landscape and Lighting Assessment Districts, including the Landscape and Lighting Assessment District No. 19-3, Landscape and Lighting Assessment District No. 21-1 (the “LLADs”), and the Citywide Park Maintenance District No. 98-1 (collectively, the “Districts”) for Fiscal Year 2025/26; ordering the Engineer of Work to prepare and file the Engineer’s Reports for Fiscal Year 2025/26; and making a finding that the actions are categorically exempt from the California Environmental Quality Act, and approving and authorizing the City Manager to execute the Agreement for Professional Assessment Engineering and Special Tax Consulting services in an amount of $477,900, plus a contingency amount of $47,790 for additional services for a total not to exceed agreement amount of $525,690 for FY 2025/26 and FY 2026/27 assessment year activities.

E.12 Notice of Completion for work performed by Yosso Group Inc. dba Specified Play Equipment Co. (SPEC) for the Windsor Way Park Playground Replacement, CIP Project No. 352-52452
Adopted Resolution No. 2025-31 accepting the work performed by Yosso Group Inc., dba Specified Play Equipment Co. (SPEC) for the Windsor Way Park Playground Replacement, CIP Project No. 352- 52452, (“Project”) and file a Notice of Completion with the County Recorder.

E.13 Consideration of 2025 Park and Recreation Commissioner Recommendations and Appointments
Appointed Samana Gouhary and Sandra Myers to the Park and Recreation Commission, to three-year terms expiring on December 31, 2027.

E.14 Declare City-Owned Real Property located at 3900 Sellers Avenue as Surplus; Authorizing Notification of Sale and Offering of Property for Sale
Adopted Resolution No. 2025-32:

1. Declaring City-owned real property located at 3900 Sellers Avenue, APN 015-010-065, as Surplus;

2. Authorizing the City Manager or designee to provide notification to required parties under State Surplus Land Act; and

3. Authorizing the City Manager or designee to offer the property for sale.

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6 F. PUBLIC HEARINGS
F.1 Mobile Vending Permit Application Fee and Permit Fee for BMC Chapter

5.68 (‘Mobile Vending’)
Kerry Breen, Treasurer/Director of Finance & Information Services, presented the item.

Mayor Meyer opened public hearing.

There being no one wishing to speak on this item, Mayor Meyer closed public hearing.

Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Vice Mayor
Adopted Resolution No. 2025-33 amending the Cost Allocation Plan and Schedule of City Fees to implement a new Mobile Vending Permit Application Fee and Mobile Vending Permit Fee.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
G. BUSINESS ITEMS
Mayor Meyer requested to move items G.1 and G.2 ahead of item F.1 due to the public in attendance wishing to speak on these items.

G.1 Consideration of and direction as to mitigation and operational measures for the Creekside Park pickleball courts
Aaron Wanden, Park Maintenance Manager, presented the item.

Mayor Meyer opened public comments.

Nick and Kathleen Soboleski submitted comments in writing to the City Clerk in advance of the City Council meeting thanking the City for building the Pickleball courts at Creekside Park and expressed that the City has already sufficiently addressed the noise nuisance.

Okezie Iroz-Nnanta provided comments regarding the brotherhood created in the community due to Pickleball and spoke in support of keeping the Pickleball courts open during the evening with the lights on.

Erin Estrada spoke in support of keeping the Pickleball courts open during the evening with the lights on.

Dave Sipes spoke regarding the negative sound and traffic impact the Pickleball courts have had on the surrounding community and

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7 encouraged the City to add more Pickleball courts throughout the City to lessen the impact.

Gary Reynolds provided comments regarding the public's inability to have total control over one's environment and encouraged the City to add more Pickleball courts throughout the City.

Aaron Hill provided comments regarding the brotherhood created in the community due to Pickleball and spoke in support of keeping the Pickleball courts open during the evening with the lights on and urged the City to add more Pickleball courts throughout the City.

Briana Orozco provided comments regarding the brotherhood created in the community due to Pickleball and spoke in support of keeping the Pickleball courts open during the evening with the lights on.

Danny Dohrmann provided comments regarding the impact the sound and lights have on the surrounding area.

There being no additional speakers, Mayor Meyer closed public comments.

Moved by: Pa'tanisha Pierson, Vice Mayor
Seconded by: Jovita Mendoza, Council Member
The City Council, by motion, provided the following direction to staff:
 adjust the Creekside Park pickleball court hours to be open 7:00 a.m. - 7:00 p.m.; and
 that staff lock the Creekside Park pickleball courts upon the closing of the courts and unlock them upon the opening of the courts; and
 that staff spend time and attention to provide the Council, at a future meeting, recommendations for locations throughout the City where additional pickleball courts may be added, where residential neighborhoods will not be disturbed.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
G.2 Vineyards Parkway Traffic Update
The City Council recessed at 8:46 p.m. and reconvened in open session at 8:54 p.m.

Allen Baquilar, Director of Engineering/City Engineer, presented the item.

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8 Mayor Meyer opened public comments.

The following public comments were provided, in writing, to the City Clerk's office in advance of tonight's meeting:

Claudia Curran, Trilogy resident, provided comments regarding multiple dangerous intersections in the area.

Angelo Christo, Trilogy resident, provided comments thanking the City for recent safety enhancements and opposing any additional stop signs along Vineyards Parkway.

Joe Young, Director for the Vineyards at Marsh Creek Owners Associations, provided comments in support of 4-way stop control at the Vineyards and Trilogy Parkways intersection.

Mel Zimowski, Trilogy resident, provided comments thanking the City for recent safety enhancements and opposing any additional stop signs along Vineyards Parkway.

Dave Lanier, Trilogy resident, provided comments regarding the importance of driving defensively and with awareness.

Sheri and Milt Checchi provided comments in support of adding a stop sign at the intersection of Solera and Vineyard Parkway.

Patricia Boom spoke in support of adding additional stop signs due to visibility issues.

Joe Young spoke in support of adding additional stop signs.

L. Smith spoke in support of adding additional stop signs with flashing lights.

Harold Jaffe spoke in support of adding additional stop signs due to visibility issues.

Dave Gilbert in support of adding additional stop signs.

There being no additional speakers, Mayor Meyer closed public comments.

Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Vice Mayor
The City Council, by motion, directed staff to spend time and resources to:
 install non-flashing stop signs at the Solera Street/Trilogy Parkway and Andalucia Lane/Sacred Mountain intersections on Vineyards Parkway; and
 install pre-warning signs leading up to the stop signs at the Solera Street/Trilogy Parkway and Andalucia Lane/Sacred Mountain Lane intersections on Vineyards Parkway.

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9 Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, and Faye Maloney, Council Member Noes (1): Tony Oerlemans, Council Member
Motion Approved (4 to 1)
G.3 Approve and Authorize the City Manager to execute a successor Memorandum of Understanding between the City of Brentwood and the Brentwood Supervisors and Professional Employees Associate for the period of July 1, 2024 through June 30, 2027
Sukari Beshears, Director of Human Resources/Risk Manager, presented the item.

Mayor Meyer opened public comments.

There being no one wishing to speak on this item, Mayor Meyer closed public comments.

Moved by: Faye Maloney, Council Member
Seconded by: Susannah Meyer, Mayor
Adopted Resolution No. 2025-34 1) Approving and Authorizing the City Manager to execute a successor Memorandum of Understanding (MOU) between the City of Brentwood and the Brentwood Supervisors and Professional Employees Association for a period of July 1, 2024 through June 30, 2027; 2) Approving the Pay Schedule in accordance with the California Code of Regulations, Title 2, Section 570.5 and Authorizing the Director of Human Resources/Risk Manager to make ministerial revisions to the Pay Schedule to reflect the changes; and 3) Adopting Appropriation Amendments to the 2024/25 -2025/26 Operating Budget.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
H. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
There were no requests for future agenda items.

I. REQUESTED FUTURE AGENDA ITEM(S)
I.1 Consider a request from Council Member Mendoza concerning an update to the Public Art Program Guidelines
Council Member Mendoza presented the item.

Mayor Meyer opened public comment.

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10 There being no one wishing to speak on this item, Mayor Meyer closed public comment.

Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Vice Mayor
The City Council by motion, directed staff to spend time and resources to review the Public Art Program Guidelines to 1) make adjustments so funds can be used for public art expenses including but not limited to:
installation of art pieces, dance, music, and performing arts and 2) make clerical corrections where deemed appropriate.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
J. ADJOURNMENT
Moved by: Pa'tanisha Pierson, Vice Mayor
Seconded by: Faye Maloney, Council Member
The Council, by motion, moved to adjourn at 10:06 p.m.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)

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PROCLAMATION
WHEREAS, National Volunteer Week, celebrated annually,
recognizes and honors the invaluable contributions of volunteers who dedicate their time, talents, and resources to improving their communities; and WHEREAS, the 2025 theme, "Connecting Communities," highlights the essential role of volunteers in fostering unity, strengthening bonds, and bridging gaps among individuals from diverse backgrounds; and WHEREAS, volunteers in the City of Brentwood selflessly serve in various capacities, including education, public safety, environmental sustainability, social services, and civic engagement, thereby enhancing the well-being and quality of life for all residents; and
WHEREAS, the spirit of volunteerism embodies the values of compassion, generosity, and civic responsibility, inspiring individuals of all ages to take an active role in shaping a more inclusive, connected, and resilient community; and
WHEREAS, the City of Brentwood proudly recognizes and commends the unwavering dedication of its volunteers, whose collective efforts contribute to a stronger, more vibrant city.

NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes April 20-26, 2025 as

NATIONAL VOLUNTEER WEEK
and the City of Brentwood encourages all residents to express appreciation for volunteers and seek opportunities to contribute to the betterment of our community.

Dated this 8
th day of April, 2025
Susannah Meyer, Mayor

Page 16 of 148 ends

PROCLAMATION
WHEREAS, Earth Day was first celebrated on April 22, 1970, marking the beginning of a global movement to raise awareness of environmental issues and inspire action to protect our planet; and
WHEREAS, the year 2025 marks the 55th anniversary of Earth Day, a significant milestone in the ongoing effort to promote sustainability, conservation, and environmental stewardship worldwide; and WHEREAS, the theme of Earth Day 2025, "Our Power, Our Planet," highlights the collective strength of individuals, communities, and organizations in addressing environmental challenges and fostering a sustainable future; and
WHEREAS, it is essential to reduce pollution, conserve natural resources, and promote renewable energy solutions to protect the environment for future generations; and
WHEREAS, through local initiatives, educational programs, and community engagement, individuals and organizations continue to demonstrate leadership in sustainability and environmental responsibility, encouraging proactive steps in preserving our natural surroundings.

NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes April 22, 2025 as

EARTH DAY
and the City of Brentwood encourages all residents, businesses, and organizations to join in activities that promote environmental sustainability and reaffirm our shared commitment to protecting "Our Power, Our Planet.".

Dated this 8
th day of April, 2025
Susannah Meyer, Mayor

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CITY COUNCIL AGENDA ITEM NO. F.4
04/08/2025
SUBJECT: Award of contract to Modernscapes Innovations for the Pavement Management Program 2025 (Concrete), CIP Project No. 336- 31704 for $436,523
DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Brant Wilson, Senior Associate Engineer
Vatsal Patel, Engineering Manager

TITLE/RECOMMENDATION
Staff recommends that the City Council adopt a Resolution approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a contract and necessary documents for the Pavement Management Program 2025 (Concrete), CIP Project No. 336-31704, (“Project”). Modernscapes Innovations (“Modernscapes”) is the lowest responsible and responsive bidder in the amount of $379,586, plus funding authorization for a 15% contingency of $56,937, for a total funding authorization not to exceed amount of $436,523.

FISCAL IMPACT
The total bid amount is $379,586, plus funding authorization for a 15% contingency of $56,937, for a total funding authorization of $436,523.

The funds for this Project are included in the 2024/25-2028/29 Capital Improvement Program (“CIP”) with an approved budget of $2,860,596. The Project is funded by the General Fund ($1,060,596) and the Road Maintenance and Rehabilitation Account (RMRA) Fund ($1,800,000).

BACKGROUND
This Project consists of the removal and replacement of concrete sidewalk, ADA ramps, driveway approach, curb and gutter; as well as adjusting utilities to grade, at various city-wide locations.

Repair locations for sidewalk, curb, and gutter are identified by resident complaints or through observations made the Public Works Department Streets Division in the

Page 18 of 148 ends

CITY COUNCIL AGENDA ITEM NO. F.4
04/08/2025
field, which are collected and added to their internal database for monitoring and repairs. Typical complaints include cracking, uneven surfaces, drainage, or other hazards within the sidewalk, curb, and gutter. After receiving or observing these complaints, they are further reviewed and prioritized according to the severity and safety.

Sidewalk, curb, and gutter repairs are completed based on a combination of factors such as compliance with the ADA, drainage effectiveness, cost considerations, and the quantity of repairs needed. However, compliance-driven decisions, such as cracking or uneven surfaces that could pose a hazard to pedestrians or individuals with disabilities, are also prioritized. Additionally, repairs are also based on cost of repair with the intent to complete as many repairs as possible within the available Project budget.

The overall goals of the Project are to address critical issues efficiently, while ensuring compliance with regulatory and safety standards and managing the available Project budget effectively.

The Project was advertised on February 14, 2025, and bids were opened on March 11, 2025. The following six bids were received.

Bidder Bid Amount
Modernscapes Innovations $379,586
MOKA Engineering and Construction $389,914
SAVI Construction Inc. $408,728
Wayne E. Swisher Cement $420,480
B&M Builder’s Inc. $476,508
FBD Vanguard Construction, Inc. $549,443
Staff reviewed the bids received and is recommending the award of the contract to Modernscapes Innovations for submitting the lowest responsible and responsive bid for the Project.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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CITY COUNCIL AGENDA ITEM NO. F.4
04/08/2025

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
A Notice of Exemption was filed with the Contra Costa County Clerk Recorder on March 18, 2025.

ALTERNATIVE OPTION(S)

1. Continue the item with direction for staff to return with additional information.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Contract

4. CIP Project Sheet

Page 20 of 148 ends

PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the 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 March 28, 2024, by Resolution No. 2024-56, the City Council adopted the 2024/25 – 2028/29 Capital Improvement Program, which included the Project.

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RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING THE CONTRACT DOCUMENTS,

AWARDING THE BID AND AUTHORIZING THE CITY MANAGER

OR DESIGNEE TO EXECUTE A CONTRACT AND NECESSARY

DOCUMENTS FOR THE PAVEMENT MANAGEMENT PROGRAM
2025 (CONCRETE), CIP PROJECT NO. 336-31704, WITH

MODERNSCAPES INNOVATIONS AS THE LOWEST RESPONSIBLE
AND RESPONSIVE BIDDER IN THE AMOUNT OF $379,586, PLUS
FUNDING AUTHORIZATION FOR A 15% CONTINGENCY OF
$56,937, FOR A TOTAL FUNDING AUTHORIZATION NOT TO
EXCEED AMOUNT OF $436,523
WHEREAS, on March 28, 2024, by Resolution No. 2024-56, the City Council adopted the 2024/25 – 2028/29 Capital Improvement Program, which included the Pavement Management Program 2025, CIP Project No. 336-31704 (“Project”); and WHEREAS, this Project consists of the removal and replacement of concrete sidewalk, ADA ramps, driveway approach, curb and gutter; as well as adjusting utilities to grade, at various city-wide locations; and WHEREAS, the Project was advertised on February 14, 2025, and six bids were received and opened on March 11, 2025; and
WHEREAS, staff reviewed the bids received and is recommending the award of the contract for the Project to Modernscapes Innovations for submitting the lowest responsible and responsive bid.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve the contract documents, award the bid and authorize the City Manager or designee to execute a contract and necessary documents for the Pavement Management Program 2025 (Concrete), CIP Project No. 336-31704, with Modernscapes Innovations as the lowest responsible and responsive bidder in the amount of $379,586, plus funding authorization for a 15% contingency of $56,937, for a total funding authorization not to exceed amount of $436,523.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 8th day of April 2025 by the following vote:

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Contract
This public works contract (“Contract”) is entered into by and between the City of Brentwood (“City”) and Modernscapes Innovations (“Contractor”), for work on the Pavement Management Program 2025 (Concrete), CIP Project No. 336-31704 Project (“Project”).

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 April 8, 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 $379,586 (“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 75 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 $2,500 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.

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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 selfinsurance 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
Engineering Department
150 City Park Way, Brentwood, CA 94513
925.516.5420
Attn: Brant Wilson, PE, Senior Associate Engineer
[email protected]

Page 24 of 148 ends

Contractor:

Name:_____________________________________
Address:___________________________________
City/State/Zip:_______________________________
Phone:_____________________________________
Attn:_______________________________________
Email:______________________________________
Copy to:____________________________________

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.]

Page 25 of 148 ends

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

CITY: Approved as to form:
s/_______________________________ s/__________________________________ Tim Ogden, City Manager Katherine Wisinski, City Attorney Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
Amanda McVey, City Clerk
Date: ___________________________
CONTRACTOR: Modernscapes Innovations
Business Name
s/_______________________________ Seal:

Juan Orozco, President______________

Name, Title
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Name, Title
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT

Page 26 of 148 ends

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

Pavement Management Program - 2025
Description/Justification:

This project will consist of rehabilitation of existing pavement, sidewalk, driveway approaches, curb and gutter. The roadways and walkways will be selected based on the City's pavement management system, cost effectiveness, safety, and constraints.

Constructing roadways is a significant investment for the City. Preventative maintenance is the best means for keeping this large investment in good, operable condition and avoids costly reconstruction.

Project Status:

The design and construction phases will begin in FY 2024/25.

Supplemental Information:

Staff actively pursues State and Federal funding for roadway improvements, when possible. Planning and design costs may include geotechnical investigation, surveying, and materials testing. The streets selected for rehabilitation are evaluated for Americans with Disabilities Act (ADA) compliance. Roads identified may require the following treatments: full depth rehabilitation, grind and asphalt overlay, cape sealing, slurry sealing, crack sealing, concrete sidewalk and driveway approach repairs and concrete curb and gutter repairs.

PROJECT EXPENDITURES Prior 2024/25 2025/26 2026/27 2027/28 2028/29 TOTAL 70239 Legal 2,500 $ 2,500
90040 Planning and Design 50,000 $ 50,000
90050 Construction 2,181,072 577,024 $ 2,758,096
90070 Project Administration 50,000 $ 50,000
TOTAL 2,283,572 $ 577,024 $ 2,860,596 $
PROJECT FUNDING Prior 2024/25 2025/26 2026/27 2027/28 2028/29 TOTAL 47100 General Fund 1,060,596 $ 1,060,596
47209 RMRA 1,800,000 $ 1,800,000
TOTAL 2,860,596 $ 2,860,596 $

PROJECT FINANCING CURRENT PROPOSED
Project Category: Roadway Improvements
Location: Citywide
Project Manager: B. Wilson
Project Priority: 1E - Mandatory
Est. Completion Date: 2025/26
Future Annual
O & M Impact: $0
Public Art
Requirement: Exempt
General Plan Policy: CIR 1-1

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CITY COUNCIL AGENDA ITEM NO. F.5
04/08/2025
SUBJECT: Consideration of the proposed updated list of Proclamations for 2025
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Amanda McVey, City Clerk

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

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

BACKGROUND
Each year, there are a number of proclamations requested by the City Council, staff, and members of the public. On January 14, 2025, the City Council approved the list of Proclamation for 2025.

Pursuant to Rule 4.4 (a)(2) of City Council Policy 110-1, a request to update the current Proclamation list was made in writing to the City Manager by Council Member Oerlemans on February 26, 2025, and confirmed for consideration by Vice Mayor Pierson on February 26, 2025. Additionally, and separately, Council Member Maloney requested an update to the current Proclamation list.

As proposed in the attached, there are over 78 proclamations. With similar audiences addressed by some of the proclamations, the Council could reconsider if all of these are still desired going forward.

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

Page 28 of 148 ends

CITY COUNCIL AGENDA ITEM NO. F.5
04/08/2025

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable

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

DATE OF NOTICE
Not Applicable

ENVIRONMENTAL DETERMINATION
Not Applicable

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation.

2. Modify staff’s recommendation.

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

ATTACHMENT(S)

1. Previous Action

2. Revised Draft 2025 Proclamation List

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

Page 29 of 148 ends

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

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

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

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

On January 14, 2025, the City Council, by motion, approved the proposed list of 2025 proclamations, and directed staff to include the following proclamations to the list:

National Law Enforcement Appreciation Day, Future Business Leaders of America, National Agriculture Day, National Farm Workers’ Day, National Former Prisoner of War Recognition Day, National Teacher Appreciation Week, National Nurses Day, Elder Abuse Awareness Month, National Korean War Day, and Domestic Violence Awareness Month.

Page 30 of 148 ends

2025 PROCLAMATION LIST
Revised Draft 04/08/2025

JANUARY
2025 PROCLAMATION DATES COUNCIL MEETING DATES
subject to change
National Slavery and Human
Trafficking Prevention Month January December 10, 2024
National Law Enforcement Appreciation
Day January 9, 2025 December 10, 2024
National Religious Freedom Day January 16, 2025 January 14, 2025 Martin Luther King, Jr. Day January 20, 2025 January 14, 2025

FEBRUARY
American Heart Month February January 28, 2025
Future Business Leaders of America February 9 – 15, 2025 February 11, 2025 Black History Month February 1st to March 1st January 28, 2025 National Cancer Prevention Month February January 28, 2025 MARCH
Developmental Disabilities Awareness
Month/All Abilities Month March February 25, 2025
Prescription Drug Abuse Awareness
Month March February 25, 2025
Red Cross Awareness Month March March 11, 2025
Women’s Month March February 25, 2025
Afghan American Heritage Month March
National Agriculture Day March 18, 2025 March 11, 2025
World Down Syndrome Day March 21, 2025 March 11, 2025
National Vietnam War Veteran’s Day March 29, 2025 March 11, 2025 National Farm Workers’ Day March 31, 2025 March 11, 2025 APRIL
Autism Acceptance Month April March 25, 2025
Arab Heritage Month April March 25, 2025
American Muslim Appreciation and
Awareness Month April April 22, 2025
Diversity Month April March 25, 2025
Youth in Government Day April April 22, 2025
National Library Week April 6 – 12, 2025 March 25, 2025

Page 31 of 148 ends

2025 PROCLAMATION LIST
Revised Draft 04/08/2025
National Former Prisoner of War
Recognition Day April 9, 2025 March 25, 2025
National Volunteer Week April 20 – 26, 2025 April 8, 2025 Earth Day April 22, 2025 April 8, 2025
Arbor Day April 25, 2025 April 22, 2025
Parental Alienation Awareness Day April 25, 2025 April 22, 2025 MAY
Asian American and Pacific Islanders
Heritage Month May April 22, 2025
Building Safety Month May April 22, 2025
Jewish American Heritage Month May April 22, 2025
National Water Safety Month May April 22, 2025
Older Americans Month May April 22, 2025
Water Awareness Month May April 22, 2025
National Historic Preservation Month May April 22, 2025 National Teacher Appreciation Week May 5 - 9, 2025 April 22, 2025 National Day of Prayer First Thursday of May April 22, 2025 Armed Forces Week May 12 – 17, 2025 April 22, 2025
Memorial Day Last Monday in May May 13, 2025
National Nurses Day May 6, 2025 April 22, 2025
Municipal Clerk’s Week May 4-10, 2025 April 22, 2025
National Police Week May 11-17, 2025 April 22, 2025
Bike to Work Week May 12-18, 2025 April 22, 2025
National Public Works Week May 18-24, 2025 May 13, 2025 National Missing Children’s Day May 25, 2025 May 13, 2025 JUNE
National Safety Month June May 27, 2025
Pride Month June May 27, 2025
Elder Abuse Awareness Month June May 27, 2025
John Marsh Day June 5, 2025 May 27, 2025
Juneteenth June 19, 2024 June 10, 2025
JULY
Parks and Recreation Month July June 24, 2025
National Korean War Day July 27, 2025 July 22, 2025

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2025 PROCLAMATION LIST
Revised Draft 04/08/2025
August
Back to School Month August July 22, 2025

SEPTEMBER
National Senior Center Month September August 26, 2025
Childhood Cancer Awareness Month September August 26, 2025 National Suicide Prevention Week September 7-13, 2025 August 26, 2025 Patriot Day September 11, 2025 September 9, 2025
Hispanic Heritage Month September 15 – October 15, 2025 September 9, 2025 National Veterans of Foreign Wars Day September 29, 2025 September 23, 2025 HR Professionals Day September 26, 2025 September 23, 2025

OCTOBER
Breast Cancer Awareness Month October September 23, 2025 Filipino American Heritage Month October September 23, 2025 October as Cybersecurity Awareness
Month October September 23, 2025
Polish American Heritage Month October September 23, 2025 Domestic Violence Awareness Month October September 23, 2025 National Italian American Heritage
Month October September 23, 2025
Code Enforcement Appreciation Week October 6 – 12, 2025 September 23, 2025 Support Your Local Chamber Day October 15, 2025 October 14, 2025 Indigenous Peoples’ Day October 13, 2025 September 23, 2025 World Polio Day October 24, 2025 October 14, 2025

NOVEMBER
American Diabetes Month November October 28, 2025
Native American Heritage Month November October 28, 2025 Pancreatic Cancer Awareness Month November October 28, 2025 National Adoption Month November October 28, 2025
Shelter in Place Education Day November 6, 2025 October 28, 2025 Veterans’ Day November 11, 2025 October 28, 2025
Small Business Saturday November 29, 2025 November 12, 2025

DECEMBER
National Giving Month December November 12, 2025

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

Page 1 of 2 ends

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

POLICY
A. Requests for Recognition Criteria:

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

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

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

3. Acknowledgment of significant events or celebrations.

B. Ceremonial Documents:

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

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

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

Page 34 of 148 ends

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

Page 2 of 2 ends

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

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

C. Receiving Requests:

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

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

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

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

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

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

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

Only one ceremonial document will be issued per event.

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

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CITY COUNCIL AGENDA ITEM NO. G.1
04/08/2025
SUBJECT: Adoption of an ordinance amending Section 8.36.035 (Weed Abatement) of the Brentwood Municipal Code to ensure
consistency with state law, incorporate Contra Costa County Fire Protection District standards, and clarify the use of livestock DEPARTMENT: Community Development
STAFF: Erik Nolthenius, Planning Manager
Kenneth Murphy, Chief Building Official

TITLE/RECOMMENDATION
Waive the first reading of and introduce an ordinance amending Section 8.36.035 (Weed Abatement) of the Brentwood Municipal Code to, among other things, ensure consistency with the California Health and Safety Code, incorporate Contra Costa County Fire Protection District standards, and clarify the use of livestock.

FISCAL IMPACT
There is no fiscal impact associated with adoption of the ordinance, other than staff time and the cost of outside counsel to assist in preparing the ordinance.

Administrative fines for enforcement of the ordinance are identified in the City’s Cost Allocation Plan and Schedule of City Fees, and would be directed to the General Fund.

BACKGROUND
The proposed ordinance reflects the City’s ongoing effort to update the Brentwood Municipal Code (“BMC”) based on current conditions and needs. In particular, the

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CITY COUNCIL AGENDA ITEM NO. G.1
04/08/2025
proposed amendments relate to Community Enrichment staff efforts in the area of weed abatement. No redline has been provided due to all the changes proposed.

The City’s current weed abatement ordinance, found at BMC Section 8.36.035, was originally adopted in 2018. Since that time, the City’s fire service provider changed when the East Contra Costa Fire Protection District (ECCFPD) was annexed into the Contra Costa County Fire Protection District (“CCCFPD” or the “Fire District”).

CCCFPD’s weed abatement standards differ from those of the former fire service provider. Though the ordinance was amended in 2024 to reflect this change in fire service provider, it did not address the substantive differences in applicable standards.

The proposed amendments incorporate CCCFPD’s standards by reference to avoid regular updates to the BMC and ensure the City’s enforcement efforts are consistent with the California Fire Code and CCCFPD’s standards. A copy of CCCFPD’s most recent weed abatement minimum standards are attached for reference.

In addition, the proposed amendments:

1. Conform to state law. The current ordinance is out of step with the requirements of California Health and Safety Code Sections 14875, et seq., which set forth the procedure for notifying property owners of the City’s determination that conditions on their property constitute a nuisance that the City will abate if the owner does not. Language has been added to ensure the BMC is in line with State law in this regard. A cost recovery mechanism has also been incorporated to ensure that the property owner bears the cost of any necessary abatement work.

2. Address – and limit - the use of livestock. The use of livestock for the purposes of weed abatement has become common practice, but is not addressed in the current ordinance. The proposed amendments add provisions for the use of livestock for the purpose of weed abatement, limiting such uses to only sheep and goats. The changes also allow for the use of electrified fencing to keep such livestock contained during their weed abatement work, and limit the time during which livestock may be used for weed abatement to February 1 to June 15 of each year. The proposed language also requires property owners using such abatement measures to carry $1,000,000 insurance to cover any personal injury or property damage that may result.

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CITY COUNCIL AGENDA ITEM NO. G.1
04/08/2025

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

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

DATE OF NOTICE
The City of Brentwood published a public hearing notice in the Brentwood Press on March 28, 2025.

ENVIRONMENTAL DETERMINATION
Adoption of the ordinance is not subject to CEQA pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, adoption of the ordinance is exempt under CEQA pursuant to Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment) of the CEQA Guidelines because the ordinance will not cause a change in any of the physical conditions within the area affected by the ordinance.

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation.

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

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

ATTACHMENT(S)

1. Previous Action

2. Ordinance

3. Exhibit A to the Ordinance

4. Contra Costa County Fire Protection District Minimum Weed Abatement Standards (last revised 4/28/24)

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On February 27, 2018, the City Council considered an Ordinance amending Brentwood Municipal Code Sections 1.01.030, Rules of Construction, 8.00.030, Unlawful Activities, 10.23.020, Definitions, and 17.620.016, Vehicle Storage; and adding a new Section 8.36.035, Weed Abatement, and a new Chapter 9.16, Unlawful Outdoor Activities; and renaming and amending the formatting of Title 9 of the Brentwood Municipal Code.

On April 10, 2018, the City Council adopted Ordinance 999 amending Brentwood Municipal Code Sections 1.01.030, Rules of Construction, 8.00.030, Unlawful Activities, 10.23.020, Definitions, and 17.620.016, Vehicle Storage; and adding a new Section 8.36.035, Weed Abatement, and a new Chapter 9.16, Unlawful Outdoor Activities; and renaming and amending the formatting of Title 9 of the Brentwood Municipal Code.

On June 11, 2024, the City Council considered and waived the first reading of an Ordinance approving a Zoning Text Amendment to the Brentwood Municipal Code (RZ 24-001), amending Title 17 (Zoning Ordinance); and amending Chapter

2.36.020, Chapter 8.36.035, Chapter 8.48.030, Chapter 9.12.050, updating references to the current fire services provider.

On June 25, 2024, the City Council waived the second reading of and adopted Ordinance No. 1075, approving a Zoning Text Amendment to the Brentwood Municipal Code (RZ 24-001), amending Title 17 (Zoning Ordinance); and amending Chapter 2.36.020, Chapter 8.36.035, Chapter 8.48.030, Chapter 9.12.050, updating references to the current fire services provider.

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ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL AMENDING SECTION

8.36.035 OF THE BRENTWOOD MUNICIPAL CODE REGARDING

WEEDS, RUBBISH OR OTHER FLAMMABLE MATERIALS GROWING

UPON OR IN FRONT OF PARCELS WITHIN THE CITY OF

BRENTWOOD
WHEREAS, pursuant to the authority granted to the City of Brentwood (“City”) by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the growth of weeds growing upon the streets, sidewalks, or private property in the City and all rubbish, refuse, other combustible materials, and dirt upon parkways, sidewalks, or private property within the City; this is designed to prevent public nuisance, and promote public convenience and general prosperity, as well as public health, welfare, and safety; and
WHEREAS, under Federal and State law, the City is further authorized to declare these offending parcels of real property to constitute seasonal and recurrent nuisances and to order the abatement of all such nuisances; and WHEREAS, the Contra Costa County Fire Protection District has identified minimum weed abatement standards, which constitute public nuisances under these provisions which standards the City references and adopts; and WHEREAS, the City Council therefore wishes to strengthen the enforcement tools to protect public peace, health, safety and the general welfare while on city property; and
WHEREAS, in addition to the foregoing, this ordinance will increase the confidence of members of the public that there is a decreased risk of injury from dangerous weeds, rubbish, refuse, or other combustible materials within the city; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred; and
WHEREAS, prior to adoption, the City gave public notice of a City Council public hearing to consider this Ordinance; and
WHEREAS, the City Council conducted a hearing on April 8, 2025, at which members of the public were afforded an opportunity to comment on this Ordinance, the recommendations of staff, and other public testimony.

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

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SECTION 1. The City Council hereby finds and determines that the recitals of this Ordinance are true and correct and are hereby incorporated into this Ordinance as though fully set forth herein.

SECTION 2. The purpose of Brentwood Municipal Code Chapter 8.36 is to maintain public safety, protect public property, and prevent damage to real and personal properties within the City by prohibiting, with certain exceptions, all weeds, rubbish, refuse, or other combustible materials growing upon the streets, sidewalks, or private property in the City. These are conditions that endanger public safety and are declared public nuisances pursuant to Government Code Sections 39501, et seq. and Health and Safety Code Sections, 14875 et seq. The City adopts the minimum standards for weed abatement procedures as further described in the Contra Costa County Fire Protection District’s procedures. Additionally, the City sets forth the procedure for use of livestock (goats and sheep) as an additional tool to assist with weed abatement as required by the Municipal Code. Finally, the City amends the Municipal Code to outline the administrative procedures for appeal of any City decision and recovery of administrative costs and fees to the extent permitted by law.

SECTION 3. Section 8.36.035 of the Brentwood Municipal Code is hereby repealed and replaced, in full, as set forth in Exhibit A.

SECTION 4. If any section, subsection, subdivision, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid or ineffective.

SECTION 5. This Ordinance shall become effective thirty (30) days after its adoption by the City Council.

SECTION 6. This Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines, as it is not a "project" and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 CCR § 15378(a). Further, this Ordinance is exempt from CEQA as there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. 14 CCR § 15061(b)(3).

The City Clerk shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.

SECTION 7. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Brentwood, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this

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Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the City Council of the City of Brentwood on the 8 th day of
April 2025 by the following vote:

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EXHIBIT A
PROPOSED AMENDMENTS TO BMC SECTION 8.36.035

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82486.00059\43118561.1
§ 8.36.035. Weed abatement.

A. Findings. Weeds are both a fire hazard that may endanger life and property, and an eyesore, leading to the deterioration of property values (see Chapter

15.06, Fire Code; see also Chapter 8.36, Property maintenance, and Sections

17.630.008(H), Landscape standards and 8.00.030(A)(2), Unlawful activities).

B. Definition—Applicability.

1. Definition. In this code, "weeds" means any of the following:
a. Dry, dead or dying grasses and vegetation more than three inches in height, including cut vegetation that has not been mulched; b. Weeds that bear seeds of a fluffy nature or that are subject to flight; c. Sagebrush, chaparral (including Chamise, Coyote Brush/ Greasewood, Brooms, and Buckwheat), and any other brush that attains such large growth as to become, when dry, a fire menace to adjacent improved property;
d. Weeds that are otherwise noxious or dangerous;
e. Poison oak and poison sumac when the conditions of growth constitute a menace to public health;
f. Dry grass, brush, tree litter, litter, or other flammable materials that endanger the public safety by creating a fire hazard.

2. Director means the Community Development Director or their designee.

3. Livestock means sheep and goats only, for purposes of this Section.

4. Electrified Fencing as defined in Section 17.660.008 of this Code.

5. Applicability. In its enforcement, the city may apply this section, or the fire code regulations adopted in Chapter 15.06, or both. The city may also apply the most recent minimum weed abatement standards approved by the current fire services provider. (Weed Abatement Minimum Standards may be found on the Contra Costa County Fire Protection District’s website).

C. Regulation—Exceptions.

1. The City of Brentwood hereby adopts the Contra Costa County Fire Protection District’s Weed Abatement Minimum Standards. The text is set forth and can be located on Contra Costa County Fire Protection District’s website (https://www.cccfpd.org/exterior-hazards/ or as may be otherwise posted online by the Fire Protection District).

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82486.00059\43118561.1

2. Exceptions. At the discretion of the community development director, the regulations in this section may not apply to habitat for endangered or threatened species, if weed removal is prohibited by an agency of the state of California or the Federal Government.

D. Use of Livestock Regulations

1. Temporary Fencing—exemption for Electrified Fencing
a. Notwithstanding any provisions in this Code, including Section

17.660.008, Electrified Fencing may be used in compliance with this Chapter as follows:

A. All Electrified Fencing shall fully enclose the property to prevent livestock from leaving the property and preventing unauthorized animal access to the property;
B. All Electrified Fencing may only be used during the time stated in this Chapter and shall be removed at the expiration of the time stated in this Chapter.

2. Timeframe
a. Use of Livestock and Temporary Electrical Fencing may be permitted from February 1 to June 15 each calendar year.
b. At the end of the term identified above, the property owner(s) shall remove all livestock and Electrified Fencing. Failure to comply may subject the property owner(s) to administrative, civil, and criminal penalties under this Code.

3. Insurance required
a. Each and every property owner using Livestock and/or Electrified Fencing in compliance with this Chapter shall maintain personal injury and property damage insurance for the property in the amount of no less than $1,000,000.

E. Resolution Declaring Nuisance—Contents—Property Included Where the Community Development Director finds that a public nuisance prohibited by this Chapter exists upon any street, sidewalk, or parcel of private property, he or she shall recommend to the City Council that the same be abated.

Based upon the recommendation of the Director, the City Council may declare by resolution the condition of any street, sidewalk, or parcel of private property to constitute a public nuisance.

The resolution shall:

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82486.00059\43118561.1
(1) refer to the street by its commonly known name; and (2) describe the property upon which the nuisance exists by giving its street address and assessor’s parcel number.

Any number of streets, sidewalks, or parcels of private property may be included in one resolution.

Certain properties may require additional or more stringent abatement due to site-specific issues with terrain, regrowth, location, land use, or fire related history or susceptibility.

F. Notice of Mailing—Time

1. After passage of the resolution, the City Clerk shall mail written notice of the proposed abatement to all persons owning property described in the resolution. The City Clerk shall cause such written notice to be mailed to each person to whom such described property is assessed in the last equalized assessment roll available on the date the resolution is adopted by the legislative body.

2. The Notice Form shall be substantially in the following form:

NOTICE TO DESTROY WEEDS AND REMOVE RUBBISH, REFUSE, AND DIRT Notice is hereby given that on the _____ day of __________, 20_____, the City Council of the City of Brentwood passed a resolution declaring that vegetation was obstructing intersection visibility and/or noxious or dangerous weeds were growing upon or in front of the property on this street, and/or that rubbish, refuse, and dirt were upon or in front of property on this street in Brentwood, and more particularly described in the resolution, and that they constitute a public nuisance which must be abated by the removal of the vegetation, weeds, rubbish, refuse and dirt. Otherwise they will be removed and the nuisance abated by the City and the cost of removal assessed upon the land from or in front of which the vegetation, weeds, rubbish, refuse, and dirt are removed and will constitute a lien upon such land until paid. Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the office of the city clerk.

All property owners having any objections to the proposed removal of the vegetation, weeds, rubbish, refuse, and dirt are hereby notified to attend a meeting of the City Council of Brentwood to be held ______ (date) when their objections will be heard and given due consideration.

Dated this _____ day of _____, 20____.
_____________________________
City Clerk
City of Brentwood
Notices shall be mailed at least ten days prior to the time for hearing objection by City Council. Notice shall also be posted conspicuously on the property.

The decision of City Council, or legislative body, is final.

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82486.00059\43118561.1
G. Weeds on Specified Parcels of Property as Seasonal or Recurrent Nuisances— Abatement

1. At the time the City adopts the resolution as provided is Subsection E of this Section, the City Council may also find and declare that weeds on specified parcels of property are seasonal and/or recurrent nuisances. Such seasonal and recurrent nuisances shall be abated in accordance with the provisions of this Chapter; provided that upon the second and any subsequent occurrence of such a nuisance on the same parcel or parcels within the same calendar year, no further hearings need be held and it shall be sufficient to mail a notice to the owners of the property as they and their addresses appear upon the current assessment roll to abate the nuisance conditions.

2. Notice shall refer to and describe the property and shall state that vegetation or noxious or dangerous weeds of a seasonal and recurrent nature are growing on the property that the same constitutes a public nuisance which must be abated by the removal of said vegetation or noxious or dangerous weeds, and that otherwise they will be removed and the nuisance will be abated by the City authorities, in which case, the cost of such removal shall be assessed upon the current tax assessment roll of the property.

3. The City, its employees, contractors, or other representatives may enter upon private property for the purpose of removing the weeds pursuant to Chapter 8.00.090 of this Code.

H. Cost Recovery

1. Account—the Community Development Director shall keep an account of the cost of abatement on each separate parcel of land where the work is completed. They shall submit to the City Council for confirmation of itemized written reports showing such costs.

2. Notice of Hearing—a copy of the report shall be posted for at least three days prior to its submission to the City Council or near the Chamber door of the City Council and upon the City’s website, with a notice of the time of submission. Notice shall be mailed to the owners of the property.

3. Hearing—At the time fixed for receiving and considering the report, the City Council shall hear it with any objections of the property owners liable to be assessed for the abatement amount. City Council may modify the report as it deems necessary. The City Council shall then confirm the report by motion or resolution.

4. Special Assessment Lien—the amount of costs confirmed by the City Council shall constitute a special assessment against the parcel of land in accordance with Health and Safety Code section 14912. Such assessment attached upon recordation in the office of the county recorder of the County in which the property is situated. The assessment may be collected at the

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82486.00059\43118561.1
same time and in the same manner as ordinary municipal ad valorem taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of municipal ad valorem taxes shall be applicable to such assessment, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the costs of abatement and the costs of enforcing abatement, as confirmed, relating to such property shall be transferred to the unsecured roll for collection.

I. Violation—Penalty
In the discretion of the Community Development Director, any person violating any provision of this Chapter shall be issued an Administrative citation pursuant to Chapter 1.24, shall be guilty of a misdemeanor pursuant to Chapter 1.20, or be subject to other administrative or civil remedies as allowed under the Municipal Code.

Each day the violation continues shall be deemed a separate offense.

J. Exemption
This Chapter shall not apply to any local, state, or federal government agencies owning property within the City of Brentwood.

K. Severability
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the chapter. The City Council hereby declares that it would have passed this chapter and each section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional.

Compliance with this Chapter in no way effects, alters, or changes the legal zoning of the property (example: compliance with this Chapter does not convert the property into an animal pasture or agricultural field).
(Ord. 999 § 3, 2018; Ord. 1075, 6/25/2024)

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CITY COUNCIL AGENDA ITEM NO. H.1
04/08/2025
SUBJECT: Amendment to Brentwood Municipal Code Chapter 7.02 to address camping on City property
DEPARTMENT: City Attorney’s Office
STAFF: Katherine Wisinski, City Attorney

TITLE/RECOMMENDATION
Introduce and waive the first reading of an Ordinance amending Brentwood Municipal Code Chapter 7.02 to address camping on City property.

FISCAL IMPACT
There is no fiscal impact associated with introducing the Ordinance, other than the staff time spent preparing it.

BACKGROUND
Managing the impacts of homelessness is a challenge facing cities across California and, indeed, the nation. Locally, the City of Brentwood is not immune from this phenomenon, though Brentwood has traditionally not seen the high numbers of unhoused individuals that many other Bay Area communities have. Each year, a “point-in-time” (or PIT) count is taken to tally the number of unhoused individuals residing within cities around the state. Recent PIT counts have yielded the following numbers for the following East Contra Costa County cities:

Antioch Bay Point Brentwood Oakley Pittsburg
2023 334 50 37 9 58
2024 413 51 30 35 110
Note that 2025 counts have not yet been made available.

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CITY COUNCIL AGENDA ITEM NO. H.1
04/08/2025
For community members who are unhoused, experiencing homelessness can have dire effects on their health and wellbeing, which can manifest in a number of ways, including insufficient shelter, lack of access to necessary healthcare, increased rates of chronic illness, higher mortality risks, exposure to infectious disease, and danger of sexual or other assault, among other potential harms.

For those who share the community with the unhoused, the impacts of homelessness are felt in other ways. Encampments sheltering the unhoused can contain dangerous and/or illegal items, including drugs, weapons, and stolen goods. These makeshift living arrangements can become health hazards due to trash accumulation, the presence of untreated sewage, the existence of drugs and drug paraphernalia (including syringes), use of unsafe building practices (including excavation beneath bridge abutments), fire danger, rodent and insect infestation, and other conditions.

Brentwood’s Municipal Code (“BMC”) currently contains a very brief prohibition on camping on City-owned property. BMC Section 7.02.150 (‘Camping’) says:

Camping on city-owned property is prohibited, except that the director may permit overnight camping by youth organizations and their chaperones in conjunction with an exclusive use permit.

This prohibition leaves many important details unaddressed. What constitutes ‘camping’? Does this mean that individuals can store their personal goods on City property just as long as they are not also sleeping there? What will happen to these items if the City removes them? Will individuals be provided with any notice of their need to vacate City property before their goods are removed? The proposed Ordinance clarifies these details, offering all community members information on what is and is not permissible on City-owned property, how items belonging to unhoused individuals will be treated, and what sort of notice individuals will receive prior to their goods being moved.

The Brentwood Police Department (“BPD”) prides itself on its outreach efforts to the unhoused community. Officers are in regular contact with individuals in need of services to offer assistance and ensure public safety. In addition, the BPD maintains a website with a host of information on Unsheltered Resources.

The legal landscape. While local laws, such as this Ordinance, partially govern the City’s response to the impacts of homelessness, state laws also play a role. Once a Notice to Vacate is posted, individuals sheltering there have 48 hours to remove their items and leave. If they choose not to do so, BPD relies on state laws to make arrests. These laws include Penal Code Section 647(e), which says that every person who “lodges in a building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it” is guilty of disorderly conduct, which is a misdemeanor.

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CITY COUNCIL AGENDA ITEM NO. H.1
04/08/2025
Enforcement of such laws on public property was prohibited under a 2018 decision issued by the Ninth Circuit Court of Appeals in the case of Martin v. City of Boise (“Martin”). In that case, the Court found that local anti-camping ordinances violated the Eighth Amendment to the U.S. Constitution when enforced against any individual experiencing homelessness on public property on any night when no shelter had an available overnight space. However, last year, the U.S. Supreme Court overruled Martin in a decision issued in the matter of City of Grants Pass v. Johnson (“Grants Pass”). Such ordinances do not, in fact, violate the Eighth amendment, according to the nation’s highest court. As a result, the BPD is one again able to enforce these laws.

Finally, while this Ordinance addresses camping on City-owned property, the City continues to look to private property owners to monitor and enforce their own property rights and play their part in keeping Brentwood a safe community for all to enjoy.

As the U.S. Supreme Court wrote in Grants Pass, “Homelessness is complex. Its causes are many. So may be the public policy responses required to address it.” The City will continue to evaluate its responses to this challenge.

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 2: Police Services. Item 1: Enhance Community Engagement by strengthening connections with underrepresented community groups, youth, seniors, mentally ill, and the unsheltered.

PREVIOUS ACTION
Not Applicable.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
The Ordinance is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the State CEQA Guidelines, as it can be seen with certainty that there is no possibility that it may have a significant effect on the environment.

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CITY COUNCIL AGENDA ITEM NO. H.1
04/08/2025

ALTERNATIVE OPTION(S)

1. Adopt the Ordinance with revisions.

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

3. Take no further action on this item at this time.

ATTACHMENT(S)

1. Ordinance

2. Brentwood Municipal Code Chapter 7.02 (redline)

3. Brentwood Municipal Code Chapter 7.02 (final)

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ORDINANCE NO. ____________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD AMENDING BRENTWOOD MUNICIPAL CODE
CHAPTER 7.02 TO ADDRESS CAMPING ON CITY-OWNED
PROPERTY.

WHEREAS, the City of Brentwood (“City”) encourages the use of its parks, open spaces, and facilities within the City by all members of the community; and WHEREAS, the City strives to protect residents and visitors alike from environmental pollution, so that all may live in and enjoy clean, healthful, and safe living conditions; and
WHEREAS, camping on City-owned property can create unsanitary, unhealthy, and dangerous conditions, including, but not limited to health hazards due to trash accumulation, the presence of untreated sewage, the existence of drugs and drug paraphernalia (including syringes), use of unsafe building practices (including excavation beneath bridge abutments), fire danger, rodent and insect infestation, and other conditions; and
WHEREAS, those experiencing homelessness face direct adverse effects as to their wellbeing, including insufficient shelter, lack of access to necessary healthcare, increased rates of chronic illness, higher mortality risks, exposure to infectious disease, and danger of sexual or other assault, among other potential harms; and WHEREAS, the City Council is authorized, pursuant to Article 11, Section 7 of the California Constitution, to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, the City Council previously adopted an ordinance prohibiting camping on City-owned property. This ordinance is codified at Brentwood Municipal Code (“BMC”) Section 7.02.150 (‘Camping’); and
WHEREAS, enforcement of BMC Section 7.02.150 was paused in the wake of the Ninth Circuit Court of Appeals’ decision in the matter of Martin v. City of Boise (9th Cir. 2019) 920 F.3d 584, 617, which held that, on the basis of the Eighth Amendment, “as long as there is no option of sleeping indoors, the government cannot criminalize indigent, homeless people for sleeping outdoors, on public property, on the false premise they had a choice in the matter”; and WHEREAS, in 2024, the U.S. Supreme Court overruled Martin v. City of Boise, by handing down a decision in City of Grants Pass v. Johnson (2024) 603 U.S. 520, which held that the Cruel and Unusual Punishments Clause of the Eighth Amendment does not preclude the enforcement of public-camping laws; and

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WHEREAS, as a result of the City of Grants Pass decision, local law enforcement may once again enforce local ordinances prohibiting camping on public property; and
WHEREAS, the Brentwood Police Department offers substantial outreach services to the unhoused individuals within the city; and WHEREAS, the City Council desires to more clearly articulate the manner in which the prohibition on camping on City-owned property will be governed.

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

SECTION 1. Brentwood Municipal Code Section 7.02.150 is hereby amended to read as provided in Exhibit A, attached hereto and incorporated herein. Deleted language is struckthrough; additional language is underlined.

SECTION 2. This ordinance will be published in accordance with Government Code Section 36933 by either posting or publishing the ordinance in accordance with that law.

SECTION 3. The City Clerk is requested to cause the amended language of Brentwood Municipal Code Chapter 7.02, specifically Section 7.02.150, as quoted in Exhibit A, to be entered in the City of Brentwood Municipal Code.

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

SECTION 5. The proposed Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption - in that there is no potential the Ordinance will result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment.

SECTION 6. This ordinance will take effect and be in force thirty days following its adoption.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 8th day of April 2025 by the following vote:

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Brentwood Municipal Code
Chapter 7.02 (‘Parks and Facilities’)
Section 7.02.150 (‘Camping’)
§ 7.02.150. Camping.

Camping, as well as erecting a campsite, tent, or other shelter, on cCity- owned property is prohibited, except that the director may permit overnight camping by youth organizations and their chaperones in conjunction with an exclusive use permit.

A. “Camp” or “camping” means the conduct of more than one of the following activities on a public property, when it reasonably appears, in light of all circumstances, that a person is using such public property for living accommodation purposes:

1. sleeping or preparing to sleep (including the laying down of bedding for the purpose of sleeping), including undertaking such activities in a vehicle (including any motorhome, camp trailer, camper, coach, fifth wheel travel trailer, house car, recreational vehicle, mobile home), or obscuring some or all of the vehicles windows

2. erecting or using any tent, camp facilities, or building any other form of shelter:

3. unattended storage of personal belongings (including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware) or camp paraphernalia;

4. making or using any fire, for purpose of heating or cooking, or using any flame, grill, portable stove, or similar flame producing device for cooking of meals on public property, except for in City parks with designated barbeque and cooking areas while using City-provided cooking facilities designed for such purposes; or

5. undertaking any digging or earth-moving activities for purpose of creating or improving a shelter.

Camping shall be deemed to occur regardless of whether a full night is actually spent occupying any specific location on City-owned public property.

B. "Camp facilities" include, but are not limited to, tents, huts, or similar temporary shelters consisting of any material with a top or roof or any other upper covering or that is otherwise enclosed by sides that is of sufficient size for a person to fit underneath or inside while sitting or lying down and includes the use of a tarp or other material tied or affixed to a structure or bush to create an enclosed area.

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Brentwood Municipal Code
Chapter 7.02 (‘Parks and Facilities’)
Section 7.02.150 (‘Camping’)
C. "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-City designated cooking or heating equipment.

D. “City property" means any City-owned property in the City, whether improved or unimproved, including, but not limited to, any of the following: public alleyways; public parking lots; public passageways; public streets; public rights- of-way; park playgrounds; publicly owned, maintained, or operated parks; publicly owned, maintained, or operated landscaped areas or greenbelts; publicly owned fences, trees, light poles, or equipment boxes; publicly owned, maintained, or operated open spaces including, but not limited to, public facilities or buildings of any kind; public sidewalks, curbs, and gutters; or other City-owned, maintained, or operated properties located within the City.

E. Storage of Personal Property Prohibited.

1. It shall be unlawful for any person to store any personal property, including camp facilities and camp paraphernalia, on any City-owned property within the City, except as otherwise provided herein.

2. Except as otherwise provided in this Section 7.02.150, before removing any personal property, the enforcement officer, or their designee, shall attempt to provide any readily apparent owners with a Notice to Vacate, which shall provide at least 48 hours’ notice of the City’s intent to remove the personal property and a reasonable opportunity to remove the personal property from public property. The enforcement officer, or their designee, shall post a Notice to Vacate on or near the personal property so as to reasonably communicate the following information:
a. The location of where the personal property was located; b. The date and time notice was served or posted;
c. A statement that the storage of personal property violates this Section;
d. An advisement that the City will commence removal work on the date written on the Notice to Vacate and shall begin no earlier than the time written on the Notice to Vacate. If removal work does not begin on the date written on the Notice to Vacate, the

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Brentwood Municipal Code
Chapter 7.02 (‘Parks and Facilities’)
Section 7.02.150 (‘Camping’)
location must be reposted before removal operations may begin.
e. An advisement that the City has impounded the personal property for at least 30 days, the location where the personal property is impounded, and that the personal property will be discarded after 30 days if not claimed.
f. The address, phone number, and operating hours of the location where the personal property will be stored and may be
retrieved, and that the City will charge no fee for storage or retrieval.
g. Information about any housing or shelter and homeless services available for the owners of the personal property, the phone number and address to contact in order to obtain the housing or shelter or other health and human services;

3. The foregoing notwithstanding, the enforcement officer, or their designee, may immediately discard, without impounding or retaining for 30 days, any items which constitute an immediate threat to the health or safety of the public or items that constitute evidence of a crime or contraband that may be seized, as permitted by law.

4. Personal Property to be Stored or Discarded
a. Personal property to be stored. Personal property that is not a health or safety hazard, in plain sight, shall be collected, labelled, and stored. City employees and/or contractors shall collect the following items:

1. Items of apparent value (defined as items having an
apparent value of $50 or more).

2. Items of apparent personal value including but not limited to:
a. Eyeglasses, operational wheelchairs, walkers,
crutches, other medical equipment.
b. Tents (habitable and uncontaminated).

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Brentwood Municipal Code
Chapter 7.02 (‘Parks and Facilities’)
Section 7.02.150 (‘Camping’)
c. Personal papers such as photographs, albums,
identification documents, bank statements, legal
papers,
d. Bicycles, scooters, strollers in good repair.
e. Backpacks and containers that appear to be in good
condition and have been determined to be free of
materials described in Section F(l)(a)-(f) below.
[Caltrans's current policy is not to collect backpacks
and closed containers due to potential safety
issues].
b. Personal property that will not be collected or stored upon removal from City-owned property:

1. Items that present an immediate health or safety risk, such as:
a. Toxic sharps, including but not limited to needles,
scissors, and knives;
b. Chemicals, including but not limited to bleach, paint, and oils;
c. Items, including bedding and clothing, soiled by
infectious materials such as human waste and bodily
fluids;
d. Moldy and/or mildewed items;
e. Items that may be infested by rodents and insects
such as rats, mice, fleas, lice, or bed bugs;
f. Items that pose a risk of fire or explosion,
combustibles and propane tanks; any item
containing fuel or corrosives or other unidentified
liquids;
g. Backpacks and closed containers that have been
determined to contain items listed in (a)-(f) above
or items (3), (4), (5), or (6) below;

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Brentwood Municipal Code
Chapter 7.02 (‘Parks and Facilities’)
Section 7.02.150 (‘Camping’)
h. If personal belongings are co-mingled or littered
with needles, human waste, or other health risks,
employees/contractor may dispose of the entire pile
of belongings and are not required to sort through
and attempt to remove the health or safety risks.

The presence of clothing in a backpack or container
shall not be the sole reason to discard the backpack
or container.

2. Mattresses (including furniture with fabric or padding, or is porous), sheds, structures, rolling structures, and bulky items. Sheds, structures, or rolling structures may be
demolished if not removed by the apparent owner prior to the encampment removal. A "bulky item" is any single item that is over 50 pounds and requires more than two persons to safely lift.

3. Perishable items, including but not limited to perishable food.

4. Controlled substances, drugs with or without prescription, and medications of any kind.

5. Contraband, weapons, and illegal items.

6. Trash, garbage, and/or debris. This includes property that appears to have been discarded by its owner and broken
appliances or broken furniture that constitutes abandoned property or trash.
(Ord. 788 § 1, 2004)

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Brentwood Municipal Code
Chapter 7.02 (‘Parks and Facilities’)
Section 7.02.150 (‘Camping’)
§ 7.02.150. Camping.

Camping, as well as erecting a campsite, tent, or other shelter, on City-owned property is prohibited.

2. erecting or using any tent, camp facilities, or building any other form of shelter:

3. unattended storage of personal belongings (including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware) or camp paraphernalia;

5. undertaking any digging or earth-moving activities for purpose of creating or improving a shelter.

Camping shall be deemed to occur regardless of whether a full night is actually spent occupying any specific location on City-owned public property.

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E. Storage of Personal Property Prohibited.

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Brentwood Municipal Code
Chapter 7.02 (‘Parks and Facilities’)
Section 7.02.150 (‘Camping’)
e. An advisement that the City has impounded the personal property for at least 30 days, the location where the personal property is impounded, and that the personal property will be discarded after 30 days if not claimed.
f. The address, phone number, and operating hours of the location where the personal property will be stored and may be
retrieved, and that the City will charge no fee for storage or retrieval.
g. Information about any housing or shelter and homeless services available for the owners of the personal property, the phone number and address to contact in order to obtain the housing or shelter or other health and human services;

1. Items of apparent value (defined as items having an
apparent value of $50 or more).

2. Items of apparent personal value including but not limited to:
a. Eyeglasses, operational wheelchairs, walkers,
crutches, other medical equipment.
b. Tents (habitable and uncontaminated).
c. Personal papers such as photographs, albums,
identification documents, bank statements, legal
papers,

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Brentwood Municipal Code
Chapter 7.02 (‘Parks and Facilities’)
Section 7.02.150 (‘Camping’)
d. Bicycles, scooters, strollers in good repair.
e. Backpacks and containers that appear to be in good
condition and have been determined to be free of
materials described in Section F(l)(a)-(f) below.
[Caltrans's current policy is not to collect backpacks
and closed containers due to potential safety
issues].
b. Personal property that will not be collected or stored upon removal from City-owned property:

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Brentwood Municipal Code
Chapter 7.02 (‘Parks and Facilities’)
Section 7.02.150 (‘Camping’)
of belongings and are not required to sort through
and attempt to remove the health or safety risks.

The presence of clothing in a backpack or container
shall not be the sole reason to discard the backpack
or container.

3. Perishable items, including but not limited to perishable food.

4. Controlled substances, drugs with or without prescription, and medications of any kind.

5. Contraband, weapons, and illegal items.

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CITY COUNCIL AGENDA ITEM NO. H.2
04/08/2025
SUBJECT: Pacific Coast Farmers’ Market Association Farmers Market Expansion
DEPARTMENT: Parks and Recreation
STAFF: Darin Gale, Interim Director of Parks and Recreation Amanda Chaney, Recreation Supervisor

TITLE/RECOMMENDATION
Receive an informational report and provide direction if necessary on the expansion of the Downtown Brentwood Saturday Farmers Market.

FISCAL IMPACT
No fiscal impact.

BACKGROUND
The Pacific Coast Farmers’ Market Association (PCFMA) Farmers Market has become a key community event in Brentwood, providing local farmers, food producers, artisans, and other businesses an opportunity to engage directly with the community each Saturday. Their mission is to connect California farmers to their local communities so they can have direct sales to their customers. Currently, the market operates each Saturday year-round, with peak season (April - October) hosting around 70 vendors, and non-peak season (November - March) hosting around 45 vendors.

Based on growing demand and community interest, PCFMA is interested in expanding the Farmers Market by adding 20 additional booth spaces on Oak Street between Diablo Way and First Street, with five of these spaces reserved for City oversight and use with some limit restrictions (no hot food vendors or political activities).

This expansion will enhance the market’s offerings, support local businesses, and provide additional opportunities for community engagement. PCFMA has a current waitlist for the Brentwood Farmers Market, and would operate 15 of the new booths.

Staff did inquire if PCFMA would be willing to expand to Chestnut on 1 st Street and
for a variety of reasons, both of those locations are not ideal in their opinion. Oak Street is preferred, as it has large shade trees, does not affect private parking lots, and is better connected to the existing market.

The expansion of the Farmers Market will require minor adjustments to the current setup and street closures. This may include marking additional spaces, updating

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CITY COUNCIL AGENDA ITEM NO. H.2
04/08/2025
traffic control plans, and updating any necessary logistics, including parking and waste management. Once a final decision is made, staff will finalize any necessary logistics and staffing needs for the expansion.

Staff met with the board of directors of the Downtown Business Coalition to determine if they were interested in an expanded market. The DBC fully supports PCFMA’s effort to expand the market on Oak Street. The majority of DBC members want the market to be located directly in front of their businesses. Although the DBC would recommend the market expand to Chestnut Street initially, they understand PCFMA’s recommendation for Oak Street and hope if successful the next expansion would be on Chestnut.

If the City allows PCFMA to expand, Parks and Recreation staff will oversee the booth allocation process for the five spaces allocated for the City. This system ensures a fair and transparent process for all interested vendors, while also allowing flexibility for businesses and organizations to plan their participation. Applications will be reviewed quarterly, and spots will be drawn at random. Staff will create a process for a maximum number of times a business can participate annually if the City receives more applicants than available spots. The current plan is to reserve, on a quarterly application process, one spot each week for downtown businesses, one for nonprofits, and the remaining three spots would be from other permitted Brentwood-based businesses.

Outreach will be conducted to inform current and potential vendors about the expanded opportunities. Communication will include emails, social media posts, and direct invitations to local businesses and non-profits.

The expansion’s success will be monitored through regular feedback from vendors and community members. Adjustments will be made as needed to ensure that the new spaces and draft system are meeting the needs of both vendors and the community.

In response to questions posed by the City Council, staff offers the following information:

City Council Policy Question Staff Findings
Can the vendor booths go down the
middle of the street?
No, due to Fire District requirements,
there is not enough space for a fire lane
(20 ft) if booths are placed in the
middle of the street. In addition, PCFMA
does not recommend this, as it could
create an issue with the flow of foot
traffic around the market.

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CITY COUNCIL AGENDA ITEM NO. H.2
04/08/2025
City Council Policy Question Staff Findings
Can PCFMA expand down towards the
Veterans Hall (on First Street)?
PCFMA does not recommend expanding
in that direction. There is an insufficient
amount of shade, which could cause
issues in the summer. In addition,
expanding that direction would remove
the primary “close up” parking to the
market, approximately 40 spaces.

Can we expand the market with
downtown businesses having booths?
If approved, PCFMA will provide five of
the new twenty proposed spaces for the
City to manage. This would include
dedicated spaces each week for
downtown businesses, non-profits and
other Brentwood-based businesses.

Can the City run an additional portion
of the Farmers Market for downtown
booths?
With the solution of adding 20 new
booths, five would be dedicated for City
management and operation.

Is the City of Brentwood Farmers
Market the most expensive in the area?
Brentwood’s Farmers Market is
considered a “Tier 3” market through
the PCFMA Board of Directors
determined pricing schedule. This tier is
for markets that have a high rate of
attendance and are considered by
PCFMA as one of their most successful.

See attachment #2 for PCFMA Rates.

Poll downtown businesses to see if they
are interested in participating in an
expansion.

Staff met with the board of directors of
the Downtown Business Coalition, and
they supported the proposed expansion
of the market.

Staff recommends the expansion as proposed by PCFMA on Oak Street between Diablo Way and First Street, including the establishment of the quarterly draft booth allocation described above.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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CITY COUNCIL AGENDA ITEM NO. H.2
04/08/2025

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

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

1. Do not approve staff’s recommendation.

2. Modify staff’s recommendation.

3. Continue the item with directions for staff to return with additional information.

ATTACHMENT(S)

1. Previous Action

2. Pacific Coast Farmers’ Market Association Rules and Regulations

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PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the 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 January 14, 2025, Council Member Mendoza requested a future agenda item to review the Farmers Market configuration.

On January 28, 2025, the City Council directed staff time and resources to research the Farmers Market and possible reconfiguration.

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Rules and Regulations for PCFMA
Farmers’ Markets 2025

Page 71 of 148 ends

Page 72 of 148 ends

2 TABLE OF CONTENTS

1. INTRODUCTION 1

1.1 Pacific Coast Farmers’ Market Association ....................... 1

1.2 PCFMA Markets ...............................................................1

1.3 Fresh Approach; Other PCFMA Activities ......................... 1

1.4 California Food Education; Other PCFMA Activities.......... 1

1.5 State Law: Direct Marketing Regulations .......................... 1

1.6 Producers on Board of Directors ....................................... 2

1.7 This Document .................................................................2

1.8 Standard Operating Procedures........................................ 2

1.9 Definitions.........................................................................2

2. PARTICIPATION GENERALLY 3

2.1 Participants, Products, and Activities ................................ 3

2.2 Admission and Approval ...................................................3

2.3 Duration of Participation Privileges ................................... 3

2.4 Other Limitations on Participation ..................................... 3

2.5 Location............................................................................ 3

2.6 Seniority; No Guarantee ...................................................3

2.7 Non-Discrimination ...........................................................3

2.8 No Transfer of Admission or Approvals............................. 3

2.9 Change of Ownership .......................................................3

2.10 Second Certificates......................................................... 4

3. APPLICATIONS 4

3.1 New Applicants.................................................................4

3.2 Application Process ..........................................................4

3.3 Admissions Criteria...........................................................5

3.4 Pre-Admission Inspection .................................................5

3.5 Proposed Product Changes Upon Application Renewal.... 5

3.6 Mid-Season Changes .......................................................5

3.7 Limitations ........................................................................5

3.8 Probationary Period ..........................................................5

3.9 No Guarantee................................................................... 5

4. ADMISSIONS CRITERIA 6

4.1 Criteria for Applicants........................................................ 6

4.2 Additional Factors: Prior Participants ................................ 7

4.3 Additional Factors: Waitlisted Applicants........................... 7

4.4 Consideration of Producers Listed on Second Certificates 7

5. PRODUCTION REQUIREMENTS 7

5.1 Certified Agricultural Products........................................... 7

5.2 Grape and Non-Grape Wines ........................................... 7

5.3 Beer..................................................................................7

5.4 Organic Generally............................................................. 8

5.5 Cannabidiol (CBD)............................................................8

5.6 Involvement in Product Processing ................................... 8

5.7 Overlapping Categories .................................................... 8

6. MARKETS AND MARKET MANAGEMENT 8

6.1 Market Management......................................................... 8

6.2 Interaction with Market Managers ..................................... 8

6.3 Compliance....................................................................... 8

6.4 Days and Hours................................................................8

6.5 Rain or Shine....................................................................9

6.6 Market Adjustment due to Weather or Other Conditions ... 9

6.7 Relocation.........................................................................9

6.8 Appeals of Market Manager Decisions.............................. 9

7. ATTENDANCE AND STALL FEES 9

7.1 Reservations.....................................................................9

7.2 Attendance ....................................................................... 9

7.3 Cancellations ....................................................................9

7.4 No-Shows....................................................................... 10

7.5 Absences in Seasonal Markets....................................... 10

7.6 Stall Fees ....................................................................... 10

7.7 State-Mandated Fees ..................................................... 10

7.8 Collection of Stall and State-Mandated Fees .................. 10

7.9 Collection of County-Mandated Fees.............................. 10

7.10 Failure to Pay ............................................................... 10

7.11 Failure to Pay in a Timely Manner ................................ 10

8. MARKET SETUP 10

8.1 Layout Generally ............................................................ 10

8.2 Market Design ................................................................ 11

8.3 Description of Selling Space........................................... 11

8.4 Assignment of Stall Space.............................................. 11

8.5 Selling Space Reassignment.......................................... 12

8.6 Restrictions on Stall Space............................................. 12

8.7 Arrival............................................................................. 12

8.8 Parking and Vehicles...................................................... 12

8.9 Stall and Shelter Setup................................................... 12

8.10 Electricity...................................................................... 13

8.11 Waste Containers......................................................... 13

8.12 Wastewater .................................................................. 13

9. STALL SIGNAGE 13

9.1 Permits, Licenses, and Certificates................................. 13

9.2 Participant Identification ................................................. 13

9.3 Use of Certain Terms in Signage.................................... 13

9.4 Taxable Products ........................................................... 13

9.5 Growing Practices .......................................................... 13

9.6 “We Grow What We Sell”; “California Grown”................. 13

9.7 Organic Products............................................................ 13

9.8 Unpasteurized Products ................................................. 14

9.9 Processed Agricultural Products..................................... 14

9.10 No False, Deceptive, or Misleading Statements............ 14

9.11 WIC Signage ................................................................ 14

9.12 Prices ........................................................................... 14

9.13 Inspection and/or Removal of Signage ......................... 14

9.14 Signage Outside of Assigned Selling Space ................. 14

10. PRODUCT PACKAGING AND LABELING 14

10.1 Certified Producers....................................................... 14

10.2 Product Labeling .......................................................... 14

10.3 Processed Agricultural Products................................... 14

10.4 Eggs, Meat, and Fish.................................................... 14

11. SELLING, STALLS, SETUP, AND SUPPLIES 15

11.1 Approved Products Only............................................... 15

11.2 No Reselling................................................................. 15

11.3 Quality.......................................................................... 15

11.4 No Sales Until Fully Set Up .......................................... 15

11.5 Staffing in Stalls............................................................ 15

11.6 Food Service Ware....................................................... 15

11.7 Plastic Bags ................................................................. 15

11.8 Restrictions Within Stall Space..................................... 15

11.9 Scales .......................................................................... 16

11.10 Grape and Non-Grape Wine Sales ............................. 16

11.11 Beer Sales.................................................................. 16

11.12 Commercial Resellers................................................. 16

11.13 No Pre-Market or Post-Market Sales Without Permission ............................................................................................. 16

11.14 Load Lists................................................................... 16

11.15 Load List Fines ........................................................... 16

12. PRICING AND PAYMENT 16

12.1 Pricing.......................................................................... 16

12.2 Market Money and Nutrition Assistance Programs........ 17

12.3 Reimbursement for Market Money and Program Scrip . 17

12.4 Accuracy of Producer Contact Information.................... 17

12.5 Returns ........................................................................ 17

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1 13. HEALTH AND SAFETY 17

13.1 Generally ...................................................................... 17

13.2 Directions from Market Manager................................... 18

13.3 Protection ..................................................................... 18

13.4 Meat, Poultry, and Fish................................................. 18

13.5 Sampling....................................................................... 18

13.6 Grape and Non-Grape Wine Sampling.......................... 18

13.7 Beer Sampling .............................................................. 18

13.8 Fire Safety .................................................................... 19

14. CONDUCT 19

14.1 Generally ...................................................................... 19

14.2 Harassment and Discrimination .................................... 19

14.3 Conduct Toward PCFMA Staff...................................... 19

14.4 Consumer Complaints .................................................. 20

14.5 Knowledge of Product................................................... 20

14.6 Shirt and Shoes ............................................................ 20

14.7 Smoking ....................................................................... 20

14.8 Alcohol.......................................................................... 20

14.9 Animals......................................................................... 20

14.10 Noise .......................................................................... 20

14.11 Engine-Powered Vehicles ........................................... 20

14.12 Solicitation .................................................................. 20

14.13 No Commercial Video or Photography ........................ 20

14.14 Gifts ............................................................................ 21

15. CLEANUP AND EXIT 21

15.1 End of Market Day ........................................................ 21

15.2 Pick-Up and Waste Disposal......................................... 21

16. RECORDS, STALL INSPECTIONS, AND SITE
INSPECTIONS 21

16.1 Generally ...................................................................... 21

16.2 Records ........................................................................ 21

16.3 Stall Inspections............................................................ 21

16.4 On-Site Inspections....................................................... 22

16.5 On-Site Inspection Process........................................... 22

16.6 Conduct Toward PCFMA Inspector............................... 22

16.7 Inspection Consequences............................................. 22

16.8 Inspection Materials...................................................... 23

16.9 Disclosure of Inspection Violations................................ 23

16.10 Inspection-Related Consents ...................................... 23

16.11 Other Aspects of Inspections ...................................... 23

17. DISCIPLINE 24

17.1 Violations Generally...................................................... 24

17.2 Inspection Violations..................................................... 24

17.3 Health and Safety Violations ......................................... 24

17.4 Multiple Violations......................................................... 24

17.5 Impact of Prior Disciplinary Action................................. 24

17.6 Disciplinary Actions....................................................... 24

17.7 Restrictions................................................................... 24

17.8 Penalties....................................................................... 25

17.9 Fines............................................................................. 25

17.10 Suspension................................................................. 25

17.11 Appeal ........................................................................ 25

17.12 Appeal of Action Resulting from an Inspection ............ 25

17.13 No Compensation for Suspension or Termination ....... 26

17.14 Written Consumer Complaints .................................... 26

17.15 Participant Complaints ................................................ 26

17.16 No Limits on Other Rights ........................................... 26

18. RELATIONSHIP 26

18.1 Method of Work ............................................................ 26

18.2 Relationship ................................................................. 26

18.3 No Guarantees ............................................................. 26

18.4 Publicity and Media Consent ........................................ 26

18.5 Use of PCFMA Name and Logo ................................... 27

19. INSURANCE AND LIABILITY 27

19.1 Insurance ..................................................................... 27

19.2 Taxes ........................................................................... 27

19.3 Indemnification ............................................................. 27

19.4 No Responsibility for Personal Safety or Property......... 27

19.5 No Responsibility for Conduct....................................... 27

19.6 Loss or Relocation of Site............................................. 28

19.7 Force Majeure .............................................................. 28

20. GENERAL PROVISIONS 28

20.1 Entire Agreement ......................................................... 28

20.2 Compliance with Laws.................................................. 28

20.3 Participant Employees and Family Members ................ 29

20.4 Third-Party Beneficiaries .............................................. 29

20.5 Waiver.......................................................................... 29

20.6 Modification.................................................................. 29

20.7 Severability................................................................... 29 EXHIBIT A 30
MARKET DAYS AND HOURS 30
EXHIBIT B 33
MARKET CLOSURE OR OTHER ADJUSTMENT 33
EXHIBIT C 35
SECOND CERTIFICATES 35
EXHIBIT D 36
APPLICATION FEE SCHEDULE 36
EXHIBIT E 37
REQUIRED APPLICATION DOCUMENTS 37
EXHIBIT F 39
REQUIREMENTS FOR FIRE SAFETY 39
EXHIBIT G 40
STALL FEE SCHEDULE 40
EXHIBIT H 41
STALL FEE TIERS 41
EXHIBIT I 43
PARTICIPANT STALL AND SELLING SPACE DIAGRAM43
EXHIBIT J 44
SIGNAGE AND LABELING DEFINITIONS 44
EXHIBIT K 45
ADDITIONAL SAMPLING REQUIREMENTS 45
EXHIBIT L 46
FINANCIAL DISPUTE RESOLUTION 46

Page 74 of 148 ends

1 1. Introduction

1.1 Pacific Coast Farmers’ Market Association
Pacific Coast Farmers’ Market Association (“PCFMA”) is a California nonprofit public benefit corporation that is tax-exempt under Section 501(c)(5) of the Internal Revenue Code. PCFMA’s mission is to support California farmers and communities by providing farmers’ markets for our diverse Bay Area neighborhoods. The primary way that PCFMA pursues its mission is by providing farmers the opportunity to sell directly to consumers at certified farmers’ markets (each, a “Market”). To that end, PCFMA operates Markets throughout the Bay Area that offer a wide variety of fruits, vegetables, and other agricultural products.

1.2 PCFMA Markets
PCFMA currently operates over 30 Markets in 20 Bay Area communities. Market locations and operating hours are set out in Exhibit A. Markets provide producers with a direct-marketing outlet, and allow consumers to purchase fresh, high-quality, locally-grown produce and other products directly from producers in a familyfriendly, communal atmosphere. Each Market offers certifiable agricultural products and may also offer noncertifiable agricultural products, and non-agricultural products.

1.3 Fresh Approach; Other PCFMA Activities
Fresh Approach is an independent nonprofit organization that was formed by PCFMA in 2008. Its mission is to create long-term change in local food systems, by connecting California communities with healthy food from California farmers and expanding knowledge about food and nutrition. Fresh Approach provides nutrition education and cooking classes, promotes the use of CalFresh and EBT, and coordinates a mobile farmers’ market truck, sourced from PCFMA Markets and local farms, which operates in underserved communities.

Fresh Approach works with a variety of community-based organizations, schools, public agencies, community clinics, local businesses, and PCFMA and other farmers’ markets. PCFMA provides ongoing services and support to Fresh Approach.

1.4 California Food Education; Other PCFMA Activities
California Food Education (“FoodEd”) is a nonprofit organization that was formed by PCFMA in 2019 to provide support to PCFMA. Its mission is to educate California consumers on the importance of incorporating locallygrown, seasonal fruits and vegetables into their diets and how a diet rich in local healthy foods supports a sustainable local food system. FoodEd is recognized by the IRS as a 501(c)(3) nonprofit organization which will aid it in its support of PCFMA. PCFMA provides ongoing services and support to FoodEd.

1.5 State Law: Direct Marketing Regulations
The Markets are subject to provisions of the California Food and Agricultural Code (the “Code”) and regulations under the Code that regulate and encourage the direct sale of agricultural products by farmers to consumers (collectively, the “Direct Marketing Regulations”). The Direct Marketing Regulations set out a variety of requirements for the operation of farmers’ markets, including, without limitation:
• farmers’ markets must have a defined area where only agricultural products are sold; • only producers—persons primarily responsible for producing agricultural products on land those persons control—may sell agricultural products at the market; • only agricultural products (certifiable and non-certifiable) produced or harvested in the state of California may be sold in a certified farmers’ market;
• producers may sell only products they grow; they may not sell products purchased from someone else; • it is unlawful for sellers to make false, deceptive, or misleading statements about the area of production, identity of the producer, or manner of production with respect to any agricultural product ; and
• market operators may establish rules and regulations for the design and management of their markets.

PCFMA operates its Markets in accordance with these principles and requirements, and with requirements under state and local health, fire safety, and other laws, including any emergency or temporary orders issued by these agencies. More detail on relevant requirements from the California Food and Agriculture Code can be

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2 found under Chapter 10.5 and more detail about the applicable state Food and Agriculture regulations can be found in Article 6.5.

1.6 Producers on Board of Directors
PCFMA’s bylaws provide that four members of the Board of Directors (”Board”) be Participants currently active in one or more Markets. Three of these Board members are certified producers and one is a Participant other than a certified producer. These directors are nominated and selected by Participants through a process set out in the bylaws. PCFMA’s conflict of interest policy addresses situations that involve, or may appear to involve, conflicts of interest, including with respect to the presence of Participants on the Board. Participants interested in Board service should contact PCFMA for information concerning the selection process and expectations for directors and may obtain copies of the bylaws and conflict of interest policy upon request.

1.7 This Document
This document (“Rules”) sets out PCFMA’s rules as adopted by our Board. The Rules are designed to facilitate the effective operation, administration, and management of our Markets. The Rules cover, among other things:
• application, admission, production, and selling requirements for agricultural producers, non-agricultural producers, and artisans participating in Markets;
• conduct requirements for Market participants;
• stall and site inspection activities, and Market participants’ consent to such activities; • PCFMA’s procedures for dealing with Rules violations and other problems; • broad authority of the PCFMA employees charged with running Markets (known as “Market Managers”), including their full discretion to interpret and enforce the Rules, and to make adjustments in Market operations in view of health and safety, weather, or other concerns; • obligations of Market participants to interact with Market Managers in a respectful and courteous way; and
• Market locations and hours, application and stall fees, required documentation, stall spaces, selling space, signage and labeling definitions, circumstances requiring the temporary closure of a market, and sampling requirements in separate exhibits at the end of the document PCFMA’s Board of Directors, Executive Director, and operations staff have final authority in interpreting and enforcing these Rules.

1.8 Standard Operating Procedures
PCFMA has full discretion to issue Standard Operating Procedures (SOPs) for any Market. Standard Operating Procedures are Market-specific rules that may cover limitations imposed by site agreements including arrival and departure, setup and cleanup, parking, ingredient restrictions, health and safety measures (including those relating to COVID-19 or other infectious diseases), and other topics. SOPs may be more restrictive than, and constitute fully enforceable addendums to, these Rules. At the beginning of each season, PCFMA will distribute to Participants paper and/or electronic copies of the SOPs for the Markets in which they participate.

1.9 Definitions
Persons who sell products or who are otherwise admitted to participate in PCFMA Markets are referred to in these Rules as “Participants.” In addition, the Direct Marketing Regulations define a variety of terms. Unless otherwise noted, the terms “agricultural products,” “non-agricultural products,” “certified agricultural products,” “non-certifiable agricultural products,” “certified farmers’ market,” “producer,” “certified producer,” “authorized representative of the certified producer,” and “processed agricultural products” used in these Rules have the meanings given to them in the Code or the Direct Marketing Regulations.

1.10 Rule Changes
PCFMA may from time to time revise these Rules, including the Standard Operating Procedures, at any time as provided in Section 20.6.

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3 2. Participation Generally

2.1 Participants, Products, and Activities
Our Markets feature a variety of Participants. Most grow and sell fruit, vegetables, and other agricultural products. Others sell food, beer or wine produced off-site. Some Participants prepare and sell food on-site.

Other present at Markets provide services, entertainment, or engage in outreach activities, all of which contribute to the community ambience at Markets. Other sections of the Rules set out specific admission, production, and operating requirements for these various types of Participants.

2.2 Admission and Approval
PCFMA must admit a Participant and approve all products and services to be offered by the Participant before it may participate in any Market. PCFMA communicates admission decisions to applicants in writing (a “Market Status Letter”).

2.3 Duration of Participation Privileges
Participation privileges exist for a limited period of time, never to exceed one year. Participants must submit an application to participate in any Markets each calendar year.

2.4 Other Limitations on Participation
Participation privileges are Market-specific and may be limited by duration or product offering in accordance with the Participant’s Market Status Letter. By way of example, a Participant may be approved to sell strawberries and blueberries year-round at one Market but may be permitted only to sell strawberries in the summer at another Market.
• Participation privileges, including product-specific permissions, may be limited, suspended, or terminated for noncompliance with these Rules, as provided in Section 17. • Participation privileges, including product-specific permissions, may be limited, suspended, or terminated between seasons as required to support the success of any Market. • Any changes to participation privileges, including product-specific permissions, will be communicated in writing by PCFMA to the Participant.

2.5 Location
Admission of a Participant is limited to the Market(s) specified in the Market Status Letter. A Participant admitted to one Market has no right to participate in another Market without prior PCFMA approval. Site agreements between PCFMA and the owners or operators of a Market location may limit the types of products sold or other activities at particular Markets.

2.6 Seniority; No Guarantee
PCFMA does not guarantee admission to a particular Market to any Participant, even if a Participant has participated in Markets in prior years or for many years (a “Prior Participant”).

2.7 Non-Discrimination
PCFMA will not grant or deny admission to a Participant on the basis of the Participant’s race, religion, color, national origin, disability, age, gender, gender identity or expression, sexual orientation, veteran status, and/or other classifications protected under California law.

2.8 No Transfer of Admission or Approvals
Except as allowed in Section 2.9, no Participant may transfer its admission or approvals under these Rules to any other individual or entity.

2.9 Change of Ownership
For the purposes of these Rules, a change of ownership is defined as follows:
• for sole proprietors, the sale or other transfer of the assets of the business operating at the Market; and

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4 • for LLCs, corporations, or other entities, an individual who is not, or an entity that is not controlled by, an immediate family member of the equity owner of the entity acquires, directly or indirectly, 50% or more of the equity interests of, or all or substantially all of, the assets of the entity operating at the Market.

A Participant that undergoes a change of ownership may continue to participate in Markets for the balance of the current season if the Participant:
• provides prompt written notice of the change of ownership to PCFMA; • provides PCFMA with evidence that the Participant is in compliance with the insurance requirements set out in Section 19.1 and provides such other documents as PCFMA may reasonably request; • provides PCFMA with evidence that the Participant is in compliance with all regulatory and certification requirements including but not limited to Certified Producers Certificates, organic certification and health permits;
• responds promptly to PCFMA inquiries concerning the change of ownership; and • does not make any material changes in its selling activities at the Market, including, without limitation, changes in product offering, manner of production, organic registration or certification, or branding.

For Participants that fail to comply with any of these requirements, PCFMA may terminate current participation privileges and/or condition future participation in Markets upon modification of current practices. For all future seasons, new owners will be considered as a new Participant. A change of ownership does not guarantee the new owner(s) the same admissions or stall locations as the previous owner. Stall reservations have no fungible value.

2.10 Second Certificates
No certified producer may sell certifiable agricultural products at a Market that were produced on land controlled by a third party without a valid second certificate. PCFMA will permit Participants to sell products under second certificates only if such offerings would provide unique agricultural products. PCFMA retains full discretion in approving offerings for sale under second certificates. Participants selling under a second certificate must comply with the additional requirements specified in Exhibit C.

3. Applications

3.1 New Applicants
Before a new applicant begins the application process set forth in Section 3.2, the applicant must submit an Interest Form to PCFMA; the Interest Form may be found on PCFMA’s website. PCFMA screens Interest Forms, and, if there is a need for a product the applicant produces in at least one Market, PCFMA will contact the applicant and send the interested party an application.

3.2 Application Process
PCFMA’s application process involves the following steps:
• PCFMA has separate applications for agricultural producers, non-agricultural producers, and artisans.

An application will be sent via email if PCFMA is interested in potentially inviting an applicant to participate in a Market;
• prior Participants submit payment of all outstanding fees due to PCFMA, if applicable; • applicants submit to PCFMA completed application form signed by an authorized representative of the certified producer, or of the business for participants who are not certified producers; • applicants pay application fees as specified in the Application Fee Schedule in Exhibit D; • applicants submit to PCFMA all applicable required documents specified in Exhibit E; • PCFMA reviews the application, either rejects or conditionally admits the applicant, and so notifies the applicant;

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5 • As set out in Section 16, PCFMA may condition final admission of certified producers on completion of a satisfactory on-site inspection of applicant’s farm or other operating site; and • PCFMA will notify the applicant of final admission after submission of satisfactory documentation, and if applicable, successful completion of an on-site inspection.

PCFMA has full discretion in making admissions decisions for all Participants for all Markets.

3.3 Admissions Criteria
Admissions criteria are set out in Section 4.

3.4 Pre-Admission Inspection
PCFMA, in its sole discretion, may require new applicants who wish to sell certifiable agricultural products to complete an on-site farm inspection as provided by Section 16 before the applicant is allowed to sell in a Market. New applicants, however, may be admitted on a provisional basis pending a satisfactory on-site inspection. PCFMA will contact, as appropriate, new applicants who wish to sell certifiable agricultural products to schedule an on-site inspection. The applicant must consent to an inspection within 7 days of request by PCFMA. PCFMA may, at its discretion, condition admission of other (non-certified producer) applicants on satisfactory completion of an on-site inspection.

3.5 Proposed Product Changes Upon Application Renewal
A Participant may propose changes to the products and services it offers in its application for the relevant Market year. PCFMA does not guarantee approval of a Participant’s proposed changes.

3.6 Mid-Season Changes
If a Participant wishes to sell products during the current Market year not approved by PCFMA at the time of admission or has already submitted its application for the following Market year, the Participant must submit a written request to PCFMA specifying proposed changes at least 14 days before the Participant wishes to change its products or services offered at a Market. Participants must receive written permission from PCFMA before they may make such changes at a Market.
(a) If the additional products a Participant wishes to sell are from a second certificate, and the Participant only provided primary certificates when they submitted their application for the relevant year, the Participant must pay the required fee as specified in the Application Fee Schedule in Exhibit D.
(b) Participants other than certified agricultural producers may be required to provide samples of products that they wish to sell at a Market that were not included on the Participants most recent application before offering those products at a Market.

3.7 Limitations
In admitting an applicant, PCFMA has full discretion to limit products, ingredients, growing practices, food preparation methods, and duration of participation as a condition for admission into a Market as provided in Section 2.4.

3.8 Probationary Period
The first day a Participant sells in a Market shall begin a 90-day Probationary Period. During the Probationary Period, PCFMA shall assess the quality of the Participant’s stall setup, products, professionalism, and customer service. PCFMA reserves the right to remove a Participant from a Market during the Probationary Period for any reason. The Probationary Period shall apply to all Participants starting on that Participant’s first day in a particular Market, regardless of the amount of time that the Participant has sold in other Markets. An absence of 12 or more consecutive months from a Market by a Participant shall result in a Probationary Period beginning on the Participant’s first day back in a Market, regardless of the Participant’s history of participation in that Market.

3.9 No Guarantee
PCFMA has full discretion in making admission decisions. Timely submission of an application does not guarantee admission to a Market, or guarantee that, if admitted, PCFMA will approve all products an applicant wishes to sell. Product approvals do not automatically carry over from any previous Market year. Participants

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6 that stop selling the products or type of products that they sold when their application was reviewed, may lose their reservations at one or more markets. This includes producers who indicated they would sell organic products when their application was processed, but who sell only conventionally grown products at a later date.

4. Admissions Criteria

4.1 Criteria for Applicants
PCFMA takes multiple factors into consideration in admitting applicants and their proposed product offerings.

These factors include, without limitation:
(a) Applicant Characteristics
• references received by PCFMA from other certified farmers’ market operators concerning Applicant’s history of farmers’ market participation;
• history of violations on record with the California Department of Food and Agriculture and other relevant state and local regulatory agencies;
• variety of products an Applicant has sold or proposes to sell at the Market(s); • preference is given to Applicants who are current Participants and to their previous product offerings, subject to Section 4.2;
• preference is to limit the variety of products an Applicant may sell in favor of allowing more certified producers to participate in Markets;
• preference is given to certified producers who sell value-added products over non-agricultural producers offering similar products;
• preference is given to non-agricultural producers whose processed products feature seasonal and/or regional ingredients purchased from certified producers and to applicants who use certified local agricultural products and processed foods in their products; • preference is given to non-agricultural and artisan producers that are independent owneroperators instead of operators of a franchise business; and • preference is given to non-agricultural producers and artisans whose product offerings do not directly compete with nearby brick-and-mortar vendors.
(b) Product Characteristics
• quality of products;
• for out-of-season produce, its reasonable shelf life beyond the growing season or whether it is grown in greenhouse facilities;
• preference is given to locally grown products relative to the Market(s) in which an applicant would like to participate;
• preference is given to products appearing on a certified producer’s primary certificate; and • preference is given to products on a second certificate that do not appear on the cross-referenced certified producer’s primary certificate.
(c) Market Characteristics
• overall diversity of products available at Markets;
• demand for particular products at Markets;
• number of Participants offering certain products at Markets; • space availability at Markets;
• balance between certified producers and other categories at Markets; and

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7 • competition and/or conflict with neighboring businesses and operating agreements with property owners.

4.2 Additional Factors: Prior Participants
In reviewing applications from Prior Participants, PCFMA also considers:
• history of successful and consistent participation in Markets, including adherence to these Rules and applicable laws, timeliness of fee payments and Market arrival, satisfactory stall and site inspections, consistent attendance, and absence of consumer complaints; • history of constructive, respectful, and courteous interactions with Market Managers and other PCFMA staff, including compliance with directions;
• history of acting respectfully and courteously towards consumers and other Participants; and • effective enhancement of consumer knowledge of products being sold and how they were produced, as measured by the applicant’s presence, employee knowledge, and the quality of stall displays, brochures, and/or handouts.

4.3 Additional Factors: Waitlisted Applicants
PCFMA maintains a waitlist of applicants for each Market who were not admitted in the relevant year. If openings arise during a Market year, PCFMA has full discretion to admit any applicant waitlisted for a particular Market without regard to time on waitlist, number of times the applicant has been waitlisted, or any other characteristic.

4.4 Consideration of Producers Listed on Second Certificates When a participant applies to sell product from a second certificate that was issued to a producer that is not currently participating in Markets, PCFMA will consider the criteria listed in Section 4.1(a) and Section 4.2 for the named producer as though the named producer were an applicant. The producer whose products are listed on the second certificate will be considered using all criteria from Section 4.1 that may apply. This may include but is not limited to references from other market operators, history of violations on record with county and state regulatory agencies, quality of product, and adherence to these Rules and applicable laws. PCFMA may determine it will not admit an applicant based upon the review of the second certificate producer.

5. Production Requirements

5.1 Certified Agricultural Products
Participants may only sell certified agricultural products that they produce themselves, and those permitted under second certificates, approved by PCFMA. Reselling of any certified agricultural products, as defined in Section 11.2, is strictly prohibited, and may result in immediate expulsion from participation in one or all Markets. Revocation of a Participant’s certified producer’s certificate will result in immediate suspension from Market participation. Section 17 sets out other consequences of the revocation of a Participant’s certified producers certificate.

5.2 Grape and Non-Grape Wines
Any grower of grape or non-grape wines (“Wine Seller”) wishing to participate in a Market must comply with Section 11.10 and hold a certified producer’s certificate listing the agricultural product that was used to create the wine, as well as a winegrower’s license (ABC Type 2) and a certified farmers’ market sales permit (ABC Type 79) for each Market location. A Wine Seller may only sell wine produced entirely from agricultural products grown and bottled by the Wine Seller. A Wine Seller may not sell more than 5,000 gallons of wine annually pursuant to all certified farmers’ markets permits it holds.

5.3 Beer
Any beer manufacturer (“Beer Seller”) desiring to sell beer that has been produced by them must comply with Section 11.11 and hold a certified farmers’ market beer sales permit (ABC Type 84), which allows beer manufacturers to sell beer at certified farmers’ markets in the same county or adjacent county to the licensed beer manufacturing facility. They also must hold either a beer manufacturer license (ABC Type 1) or a small beer manufacturer license (ABC Type 23). The manufacturer cannot sell more than 5,000 gallons of beer annually pursuant to all certified farmers’ markets permits it holds. Preference is given to beer manufacturers

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8 whose beer to be sold at a Market includes ingredients derived from agricultural products grown in the state of California.

5.4 Organic Generally
All products sold as organic must be grown, produced, or processed in accordance with federal and state laws, including, without limitation, the USDA National Organic Program and the California Department of Food and Agriculture Organic Program. A Participant wishing to sell products as organic must submit to PCFMA certifications and registrations as required in Exhibit E. If such certification or registration is cancelled or withdrawn, the Participant must inform PCFMA within 10 days. Until the Participant provides PCFMA with a renewed organic certification or organic registration, the Participant may not use the term “organic” in its farm name, signage, or labeling in any Market.

5.5 Cannabidiol (CBD)
Products harvested from or derived from marijuana are banned from farmers’ markets under California law.

Products intended for human consumption (through eating, drinking, smoking, inhaling or other means) or intended for external use (such as soap, shampoo, conditioner, lotion, salves or similar products) containing CBD harvested from or derived from hemp may not be sold in a Market. This includes both hemp as seeds, seedlings or nursery stock as well as raw, unadulterated products containing CBD and products for which CBD is added as an ingredient.

5.6 Involvement in Product Processing
Producers selling packaged or processed products, art, or crafts must be actively involved in preparing the products they sell. Reselling and or repackaging products produced by others does not constitute active involvement in preparation of the products. With limited exceptions, PCFMA does not allow non-agricultural producers to buy and resell products and does not invite participation of product distributors.

5.7 Overlapping Categories
Participants whose products or practices place them in more than one of the above categories are subject to all of the requirements of each category. PCFMA has full discretion in determining the applicable category or categories.

6. Markets and Market Management

6.1 Market Management
Market Managers have authority to interpret, apply, and enforce these Rules. Market Managers’ roles include making admissions decisions related to a Market they oversee, determining the products that may be sold, making Market closure and adjustment decisions as described in Section 6.7, overseeing setup and cleanup, making stall assignments, collecting fees, and handling disagreements. A Participant who disagrees with a decision of a Market Manager may appeal that decision per Section 6.8 of these Rules and Regulations.

6.2 Interaction with Market Managers
All Participants—regardless of their tenure of participation in the relevant Market, relationship with PCFMA, or otherwise—are expected to interact with Market Managers in a respectful and constructive way. Refusing to comply with Market Manager directions, treating Market Managers in a disrespectful way, or otherwise acting inappropriately towards Market Managers, will not be taken lightly. As provided in Section 4.2, such conduct is taken into account in reviewing applications by Prior Participants for admission and may give rise to any or all disciplinary action under Section 17.

6.3 Compliance
PCFMA operates Markets in accordance with applicable laws and contracts, including, without limitation, the Direct Marketing Regulations, municipal regulations and permitting requirements, emergency or temporary orders issued by relevant regulatory agencies, public health orders and guidelines, and site contracts relating to Market operations at specific locations. PCFMA’s interpretation of these laws and contracts will control all disputes and questions about their application.

6.4 Days and Hours
PCFMA will establish the day and hours of operation for all Markets. Market locations and operating hours are set out in Exhibit A.

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9 6.5 Rain or Shine
Markets operate rain or shine, meaning that Participants must participate in Markets for which they have reservations, irrespective of weather.

6.6 Market Adjustment due to Weather or Other Conditions As provided in Exhibit B, Market Managers have full discretion to (a) evaluate whether poor weather, air quality, protests, or other factors or conditions in the area should result in a change in Market operations and (b) adjust Market operations, including, without limitation:
• cancelling a Market;
• changing setup procedures;
• changing stall locations;
• prohibiting use of tents;
• adjusting departure procedures;
• evacuating the Market;
• opening the Market at a different time; and
• closing the Market early.

Participants will comply with all such Market Manager decisions. If PCFMA decides in advance not to operate a Market, PCFMA will use reasonable efforts to notify relevant Participants as promptly as possible. For clarity, if PCFMA cancels a Market, Participants may not set up and sell at the Market location.

6.7 Relocation
PCFMA may temporarily or permanently relocate a Market as needed in view of events, construction, or other disruptions at the Market location.

6.8 Appeals of Market Manager Decisions
Participants who disagree with a Market Manager concerning a Market Manager’s decision concerning stall space assignments, products that may be sold, Market closure and adjustment decisions as described in Section 6.7, setup and cleanup, and other matters are encouraged to explain their position to the Market Manager and suggest an alternative. If the Participant is not satisfied with the decision of the Market Manager, the Participant may appeal that decision per Section 17.11 of these Rules and Regulations.

7. Attendance and Stall Fees

7.1 Reservations
Participants must request reservations to participate in Markets annually through the relevant application.

Reservations are limited to the Market(s) specified in the Market Status Letter. Reservations do not entitle Participants to particular locations within a market; as set forth in Section 8, PCFMA has full discretion to determine a Market’s layout and stall space assignments.

7.2 Attendance
Participants are expected to attend all Market days for which they have reservations. If PCFMA suspects that a Participant is not attending a Market solely because of poor weather or anticipated slow sales, PCFMA may take such conduct into account when reviewing a prior Participant’s application renewal under Section 4.2; such conduct may also result in disciplinary action under Section 17.6.

7.3 Cancellations
A Participant that cancels a Market stall reservation will incur stall fee charges unless the Participant notifies PCFMA of the cancellation at least 48 hours prior to the opening of the Market for which it has a reservation.

PCFMA has full discretion to suspend a Participant’s selling privileges at a Market for the remainder of the Market year if the Participant cancels a Market reservation three or more times in a 90-day period.

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10 7.4 No-Shows
PCFMA has full discretion to suspend a Participant’s selling privileges at a Market for the remainder of the season if the Participant has two or more no-shows at a Market in a 90-day period. A Participant is a “no-show” if the following conditions are true:
• the Participant was authorized to sell in a Market via a Status Letter; • the Participation was currently participating in the Market or had confirmed participation verbally or in writing;
• the Participant a did not participate in the Market; and • the Participant did not notify PCFMA and cancel 48 hours prior to market opening.

7.5 Absences in Seasonal Markets
Absences in the first three weeks or final three weeks of a seasonal market, regardless of compliance with Section 7.3, may impact a participant’s ability to participate in markets in subsequent seasons.

7.6 Stall Fees
PCFMA charges all Participants daily stall fees for participation at a Market as set out in Exhibit G and Exhibit H. PCFMA also charges stall fees for no-shows and late cancellations as set out in Sections 7.3 and 7.4.

PCFMA determines stall fees based on the square footage of Selling Space assigned to the Participant, as described in Section 8.3 and Exhibit I. For each 100 square feet of Selling Space or portion thereof, commonly referred to as a “stall,” PCFMA will charge a Participant the applicable stall fee. PCFMA has full discretion to adjust stall fee amounts on an annual basis.

7.7 State-Mandated Fees
Each Participant is required to pay PCFMA the state-mandated fee of $2.00 per market day, which PCFMA conveys directly to the California Department of Food and Agriculture.

7.8 Collection of Stall and State-Mandated Fees
Stall and state fees are due from Participants for each Market day of participation. Fees are collected by Market Managers each Market day or as described in the Market Standard Operating Procedures. For no-shows and late cancellations as described in Sections 7.3 and 7.4, Market Managers will collect the relevant stall and state fees at the next Market day.

7.9 Collection of County-Mandated Fees
Participants selling non-agricultural products may be required to have permits issued by the Department of Environmental Health for the county that permits each Market. Some counties require PCFMA to process the permit application fees and pay fees on behalf of the Participants. PCFMA will collect fees from the Participants subject to these permits within 14 days of informing the Participant of the fee amount.

7.10 Failure to Pay
PCFMA may in its full discretion prohibit a Participant that fails to pay stall or state fees from participating in the Market that week, condition participation on receipt of full payment, relocate Participant to a different stall location, or take other such action as it determines appropriate.

7.11 Failure to Pay in a Timely Manner
A Participant who is provided in writing an invoice or other instrument that details a required payment shall provide payment to PCFMA by the due date indicated on the instrument. For any payments, totaling $30 or more, a late fee of $25 dollars is due from participants for each 30-day period that a payment is late. A participant with an amount that is more than 30 days past due may be subject to suspension from Markets as of the first day of the following month. Late fees will not be assigned to financial transactions related to scrip reimbursements.

8. Market Setup

8.1 Layout Generally
PCFMA has full discretion in determining the overall layout of each Market. Factors considered include creating opportunities for Participant success, compliance with the Direct Marketing Regulations, provisions of the

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11 California Business and Professions Code relating to wine tasting and sales, local laws, the requirements of PCFMA’s leases or permits for use of the site, marketing considerations, and health and safety principles, including those related to COVID-19 or other infectious diseases, as set out in Sections 13.9, 13.10 and 13.11.

8.2 Market Design
As required by the Direct Marketing Regulations, Markets have two clearly defined areas: (a) one for certified agricultural producers, ranchers, and other vendors who sell agricultural products, and (b) one for sellers of nonagricultural products and artisans. In addition, PCFMA may, at relevant Markets, define areas for Wine Sellers and Beer Sellers as provided under state law.

8.3 Description of Selling Space
PCFMA will use reasonable efforts to provide Participant with Selling Space consisting of one or more stall spaces of approximately 10 feet by 10 feet. PCFMA cannot guarantee any Participant a stall space of these exact dimensions. The Market Manager has full discretion to determine the placement, size and orientation of a Participant’s Selling Space.
(a) “Selling space” is defined as any physical space in which a Participant displays product for sale to the public (including CSA boxes or other order pickups), uses to conduct business with the public (including the space used for a scale or cash box or to distribute product samples to customers), or that members of the public occupy while browsing the Participant’s product. This space does not need to be covered by a tent or umbrella to be considered selling space and can include uncovered space adjacent to a tent that a Participant is using for these purposes. (b) As depicted in Exhibit I, a Participant’s Selling Space may not exceed six 10x10 stalls if in a 3x2 configuration or three 10x10 stalls in a 3x1 configuration. If a Participant occupies the maximum amount of stall space then the Selling Space of that Participant may not extend beyond those stalls, including any space or tables a Participant uses to sample their product to customers. (c) Participants’ shade coverings that protect back stock or that provide shade for products within the Selling Space but that do not have products for sale directly under them, are generally not considered part of the Selling Space.
(d) Exceptions to the Stall Space limitations may only be authorized by a PCFMA Regional Manager or the PCFMA Director of Operations.

8.4 Assignment of Stall Space
When assigning stall spaces, Market Managers may consider multiple factors including, without limitation, the following:
• consumer traffic flow;
• safety of Participants, PCFMA staff, and customers during load-in and load-out; • quality of product display, customer service, and Participant involvement; • Participant’s tenure at Markets;
• history of good relationships with consumers and other Participants; • variety and quality of products;
• promotion of Markets and products;
• failure to attend a reserved Market day without adequate prior notification as specified in Sections 7.3 and 7.4;
• conditions placed on Participant’s admission or on its product offerings; • requirements of state and county fire codes; and
• requirements of state codes and regulations concerning separation between agricultural and nonagricultural producers.

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12 8.5 Selling Space Reassignment
Participants’ Selling Space location is not permanent. The Market Manager may reassign space locations or alter the placement, size and orientation of Selling Space for any Market day during the Market year and/or for the following Market year without notice.

8.6 Restrictions on Stall Space
A Participant may not switch, transfer, assign, or sublet its assigned stall space without PCFMA’s prior approval.

8.7 Arrival
Participants must arrive to a Market within a specified time frame as described in Sections 8.7(a) and 8.7(b).

Market Managers have full discretion to vary arrival times based on local site conditions and regulations. (a) Late Arrival
If a Participant fails to arrive at least 30 minutes prior to the start of a Market day, Market Managers may refuse to allow the Participant to set up and sell and charge a No Show fee for the Market day, reassign the Participant’s Selling Space, require the Participant to off-load their products in or outside the Market, and/or revoke the Participant’s Selling Space reservation for up to two weeks. (b) Early Arrival
Unless otherwise directed by an onsite Market Manager or detailed in the Standard Operating Procedures for a farmers market, no Participant may set up their stall more than two hours prior to the start of a Market day. Participants who set up more than two hours prior to the start of a Market day may be subject to fines, suspension, or other disciplinary action. (c) Equipment Drop Off
Unless otherwise stated in the Standard Operating Procedures for a farmers market, participants who drop off product or equipment more than two hours prior to the start of a Market day may do so only if the following conditions are met:
o all items are dropped off as close to the Participant’s assigned Stall Space as possible; o items are as compact as possible;
o the Participant is responsible for moving items if they were dropped in the wrong spot; and o all items are within a parking space without extending into the street or on a sidewalk while leaving at least four foot of clearance for pedestrians.

PCFMA is not liable for theft or damage to product, equipment or other items. Ongoing problems with equipment drop offs may result in any or all disciplinary action under Section 17.

8.8 Parking and Vehicles
Participants’ vehicles or stall and shelter setup may not extend into fire lanes, crosswalks or consumer walkway areas; all vehicles, merchandise, scales, and tables must remain within the designated area. Parking of vehicles or trucks is at the discretion of the Market Manager, it being understood that there is no guarantee of on-site parking at Markets. In some Markets with inadequate vehicle parking space, the Market Manager may designate some spaces for offloading only.

8.9 Stall and Shelter Setup
Participants must stabilize all tables, umbrellas, tarps, and products on display, including securing tents with weights at all times to prevent them from falling over or causing injury. Participants using umbrellas must ensure there is sufficient vertical clearance for consumers. Some markets may prohibit the use of umbrellas entirely due to safety concerns or space constraints. Participants must cover all table tops unless instructed otherwise by Market Manager and may not fill tables beyond load capacity. The stall space must be continually cleared of trimmings, debris, and rubbish of any type. Stall setup, signage, product back stock, and table displays must be neat, orderly and aesthetically pleasing as determined by the Market Manager.

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13 8.10 Electricity
If electricity is needed, the Participant may, subject to applicable law and at the Participant’s expense, use a generator approved by the Market Manager that does not interfere with activity in surrounding stalls.

8.11 Waste Containers
Participants must provide clearly marked waste receptacles for public use in their stall and remove all waste from the Market at the end of the day. Participants may not deposit waste from their stalls in any waste receptacles provided for the public by PCFMA or any other entity.

8.12 Wastewater
Participants must comply with all state and local storm water standards. Participants must collect all wastewater they generate during a Market day in lidded containers or in receptacles approved by the Market Manager. Participants must dispose of wastewater at their respective farms or businesses in approved plumbing systems that discharges into public sewerage, in approved private sewage disposal systems, or as otherwise specified by the local health department.

9. Stall Signage

9.1 Permits, Licenses, and Certificates
Participants must have all permits, licenses, certificates, and signage clearly identifiable and displayed at their stalls in accordance with these Rules, the Direct Marketing Regulations, and all other applicable laws and regulations. Certified producers, for example, must post their certified producer certificates in a conspicuous manner in their stalls. Participants selling non-agricultural food products are required to have valid permits from the local jurisdiction.

9.2 Participant Identification
Participants must clearly identify their business, farm name, or the name of their establishment, in addition to the city or town and county where their production occurs. Participants selling products under second certificates must comply with the identification requirements set forth in Exhibit C.

9.3 Use of Certain Terms in Signage
Participants may not use any term defined in Exhibit J in signage or marketing materials unless the manner of production is consistent with the definitions set out in that Exhibit.

9.4 Taxable Products
Participants selling taxable products must display their state-issued seller’s permits at their stalls. A seller’s permit must correspond to the Market in which the Participant is selling products.

9.5 Growing Practices
Participants must fully and truthfully disclose all farming practices to consumers. This includes disclosure regarding greenhouse and hydroponic produce and plant production.

9.6 “We Grow What We Sell”; “California Grown”
Certified producers must post a conspicuous sign or banner at their stalls that contains the statement “We Grew What We Are Selling,” “We Raised What We Are Selling,” “We Grow What We Sell”, or a similar statement, in accordance with the Direct Marketing Regulations. Certified producers may only use the terms “Proudly California Grown,” “California Grown,” “California-Grown,” or similar terms when identifying products produced in the state of California or harvested in its surface or coastal waters.

9.7 Organic Products
Participants selling organic products must clearly label or have conspicuous signage at their stalls identifying the products as organic and must conspicuously post a copy of their current State of California organic registration and, if applicable, documentation of their organic certification, all in accordance with the Direct Marketing Regulations. If a Participant is selling both organic and non-organic products, the Participant must separate such products and clearly identify those that are organic and those that are not organic and must prevent the commingling of organic and non-organic products or contamination of the organic products with

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14 non-organic substances. Misrepresentation of a non-organic product as organic shall result in penalties as outlined in Section 17.

9.8 Unpasteurized Products
Participants selling unpasteurized dairy products or unpasteurized almonds must post conspicuous signage at their stalls warning of the potential health risks associated with consuming unpasteurized food products.

9.9 Processed Agricultural Products
Participants selling processed agricultural products must comply with the signage and label requirements relating to production requirements as set out in the Direct Marketing Regulations.

9.10 No False, Deceptive, or Misleading Statements
Participants may not, in signage, labels, packaging, or oral statements to consumers, make false, deceptive, or misleading statements about the area of production, identity of the Participant, or manner of production of their products, and otherwise must comply with Direct Marketing Regulations requirements relating to statements about products and production. Participants must truthfully and fully disclose farming and production practices, and may not use equivocal terms such as “pesticide free” or “no sprays.”

9.11 WIC Signage
Certified producers must conspicuously post current-year signage designating them as acceptors of coupons from the Special Supplemental Nutrition Program for Women, Infants, and Children (“WIC”) as directed by the Market Manager.

9.12 Prices
Participants must conspicuously post a clearly marked and legible price per unit for each product available for sale. Posted prices must comply with Section 12.1 and remain clearly visible to consumers for the duration of the Market day.

9.13 Inspection and/or Removal of Signage
PCFMA has full discretion to inspect Participants’ signage to ensure that it is in compliance with the requirements of this Section. If a Participant fails to comply with this Section, PCFMA may remove noncomplying signage and take disciplinary action as set out in Section 17.

9.14 Signage Outside of Assigned Selling Space
Participants may only post signage outside of their assigned selling space within the Market or its immediate area with the permission of the Market Manager.

10. Product Packaging and Labeling

10.1 Certified Producers
Certified producers should minimally handle or process agricultural products before packaging them for sale at Markets. PCFMA discourages certified producers from placing labels directly on the produce.

10.2 Product Labeling
Participants that sell any product – including fresh fruits, nuts, and vegetables – in closed containers, including closed bags of any type, must clearly and conspicuously label such containers with the name, address, and ZIP code of the Participant, and a declaration of identity and net quantity of the commodity in the package.

10.3 Processed Agricultural Products
Participants selling processed agricultural products must produce, package, and label their products in accordance with applicable law including, without limitation, Section 47004(c)(2) of the Code. Processing, including the cutting, slicing or sectioning of whole agricultural products for sale may not occur in the section of the Market where agricultural products are sold.

10.4 Eggs, Meat, and Fish
Eggs, meat, and fish must be packaged and labeled in accordance with applicable law.

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15 10.5 Unpasteurized Products
Participants selling unpasteurized dairy products or unpasteurized almonds must clearly and conspicuously label such products with a statement warning of the potential health risks associated with consuming unpasteurized food products.

11. Selling, Stalls, Setup, and Supplies

11.1 Approved Products Only
A Participant may not sell any product at a Market that PCFMA has not approved for sale at that Market by the Participant. Market Managers have full discretion to suspend the sale of products that have not been approved by PCFMA, including instructing a Participant to immediately remove such products from its stall. Any Participant wishing to sell products during the current Market year not approved by PCFMA at the time of their admission must obtain PCFMA’s approval before selling the product, as provided in Section 3.7. PCFMA may prohibit, limit, or relax limits on the sale of products during the Market year.

11.2 No Reselling
Participants may only sell certified agricultural products that they themselves produce and those permitted under second certificates in accordance with Section 2.10 and Exhibit C. As provided in Section 5.1, “reselling” is strictly prohibited, and may result in immediate suspension or other disciplinary action as set out in Section

17. 11.3 Quality
Any product not meeting maturity and quality standards as determined by applicable law including, without limitation, the Direct Marketing Regulations, may not be sold at any Market. Products brought to a Market or offered for sale are subject to inspection at any time by PCFMA as set out in Section 16.

11.4 No Sales Until Fully Set Up
Participants may not conduct sales until their stalls are fully set up in accordance with Section 8, signs and prices are posted, and if required by law, tents fully screened.

11.5 Staffing in Stalls
Individuals staffing stalls for Participants must be an owner, a family member of an owner of the business, or an employee of the business, and in all cases a lawful authorized representative within the meaning of Section 47004 of the Code. Stall staff must comply with all relevant health and safety protocols, including those related to COVID-19 or other infectious diseases as set out in Sections 13.9 – 13.11.

11.6 Food Service Ware
Non-agricultural producers may not provide prepared or take-out food in, on, or with disposable food packing that contains Styrofoam (polystyrene). Non-agricultural producers must also comply with any local regulations on food-service ware.

11.7 Plastic Bags
Participants may not provide T-Shirt-style plastic bags (i.e., plastic bags with handles) to customers, and may not provide plastic bags of any kind if they are prohibited by local law. Participants may not charge customers for bags unless required to do so by local law.

11.8 Restrictions Within Stall Space
In operating their stalls, participants must:
• conduct all promotions and sales within the Selling Space within their assigned stall space or immediately in front of their assigned stall space, with the permission of the Market Manager; • maintain displays, signs, back stock, excess boxes, trimmings, and waste in a neat and orderly fashion that does not impede pedestrian access along adjoining sidewalks, customer aisles, or neighboring stalls;
• ensure that table frontages are behind the setup line designated by the Market Manager, or in front of and adjacent to the setup line if approved by the Market Manager; and

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16 • if displaying products on a side table, leave at least 24 inches of aisle space, or a narrower space if approved by the Market Manager.

11.9 Scales
Participants must use approved commercial scales that are certified by the relevant County Sealer, Office of Weights and Measures for the current year, and otherwise comply with the Direct Marketing Regulations and other applicable laws.

11.10 Grape and Non-Grape Wine Sales
All wine sales will be subject to PCFMA’s prior authorization. Wine sales are not permitted at all Markets.

When authorized, wine Sellers must sell and operate in compliance with applicable law.

11.11 Beer Sales
All beer sales will be subject to PCFMA’s prior authorization. Beer sales are not permitted at all Markets. When authorized, beer Sellers must sell and operate in compliance with applicable law.

11.12 Commercial Resellers
Certified producers may sell to chefs, schools, produce companies, customer pre-purchasing programs, and other commercial buyers at a Market provided that the Participant complies with all applicable laws, including, without limitation, laws relating to labeling, packaging, and receipts.

11.13 No Pre-Market or Post-Market Sales Without Permission No sales may take place before or after the posted operating hours of Market day without the permission of the Market Manager.

11.14 Load Lists
A Participant selling certified agricultural products must provide a load list to the Market Manager within 45 minutes of the closing time for each Market day, in accordance with the Direct Marketing Regulations. Each load list must include the following information:
• name of the business;
• name of the person completing the form;
• identity of each product sold as it appears on the certified producer’s certificate; • quantity of each product sold at the Market; and
• authorized signature of the Participant or its employee.

PCFMA will not ensure the accuracy of Participants’ load lists. Participants who repeatedly fail to provide load lists to PCFMA in a timely manner may be subject to disciplinary action as set out in Section 17.

11.15 Load List Fines
State or county inspectors may fine PCFMA if a Participant fails to turn in a load list at the end of a Market day or to fill out a load list correctly. Any Participant whose actions result in PCFMA incurring such a fine must reimburse PCFMA for the amount of the fine within 14 days after receipt of invoice from PCFMA. Such actions may also subject a Participant to disciplinary action as set out in Section 17.

12. Pricing and Payment

12.1 Pricing
Participants must set their own prices for their products and must post such prices prominently before the start of each Market day. Prices must remain clearly legible and visible to consumers for the duration of the Market day. Participants must keep the same prices all day; Participants may, however, bargain with consumers on an individual basis. Participants may not engage in collusive or deceptive pricing practices.

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17 12.2 Market Money and Nutrition Assistance Programs
Participants must accept PCFMA-issued Carrot Cash, Market Money (“Market Money”), WIC, CalFresh, Supplemental Nutrition Assistance Program, Electronic Benefit Transfer (“EBT”), Market Match, and any coupons or scrip from nutrition assistance programs in which PCFMA participates. Participants must complete any required applications for such payment options and must provide PCFMA their applicable state-issued identification numbers. Certified producers must participate in the Farmers’ Market Nutrition Program. PCFMA encourages Participants to accept all coupons and EBT scrip (cannot be used for hot foods or flowers) in a courteous and respectful manner. Participants who choose not to accept cash from customers must still accept PCFMA-issued scrip and may use this scrip to pay funds owed to PCFMA or request a reimbursement.

12.3 Reimbursement for Market Money and Program Scrip
PCFMA will reimburse Participants for Market Money, WIC, CalFresh, Supplemental Nutrition Assistance Program, Electronic Benefit Transfer (“EBT”), Market Match, and any coupons or scrip from nutrition assistance programs received as payment from customers. The value of this scrip will be applied to amounts owed to PCFMA by the Participant including, but not limited to stall fees, no show fees, fines and penalties. For any excess scrip/and or coupons remaining after the value of scrip is applied to amounts owed, PCFMA will reimburse Participants with a check or electronic payment issued to specified account holder or an approved recipient authorized by the Participant. In case of a dispute concerning the amount of scrip provided by the Participant and the amount reimbursed by PCFMA, the dispute will be handled in compliance with the dispute resolution process detailed in Exhibit L.

12.4 Accuracy of Producer Contact Information
It is the responsibility of each Participant to provide PCFMA with up-to-date contact information including, but not limited to, mailing address, telephone number, email address, and mobile phone number. If a Participant fails to provide PCFMA with updated contact information in a timely manner, PCFMA is not responsible for any lapses in communication or payment that may result.

12.5 Returns
PCFMA strongly encourages Participants to give consumers the benefit of the doubt and offer a full monetary refund or replacement of equal value when purchases are disputed.

13. Health and Safety

13.1 Generally
Participants must comply with local, state, and federal health laws, including the California Health and Safety Code. Participants must comply with any orders issued by regulatory agencies with jurisdiction over the Markets the Participant attends. Participants must maintain their stall spaces, as well as all equipment used to set up the stall – including but not limited to tents, tables and table coverings – in a clean, safe, and sanitary manner during the course of each Market day. Participants’ activities, including operations and vehicle use in Markets, must not endanger consumers or other Participants:
• participants at Markets that occupy streets must comply with one-way traffic designations by Market Managers or within the Market’s Standard Operating Procedures; • participants may not move a vehicle within the farmers market from thirty minutes before the posted start time of the Market until five minutes after the posted end time of the Market unless otherwise directed by the Market Manager;
• the maximum speed limit within the boundaries of farmers market is 5 miles per hour at all times; • participants who move a street closure barricade or other safety equipment to facilitate their entrance to or exit from a Market must replace the equipment to prevent unauthorized vehicles from entering the Market; and
• participants are encouraged to wear safety equipment such as reflective vests during the market setup and takedown periods, especially when lighting is poor during those periods.

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18 13.2 Directions from Market Manager
Participants must immediately comply with the Market Manager’s directions in all matters relating to health and safety.

13.3 Protection
Participants must display and store all products intended for consumption at least six inches off the ground, unless the food items are stored in a container, approved by the Market Manager, with nonpermeable base and sides and a tight-fitting lid. In addition, all booths must have overhead protection where required by the Direct Marketing Regulations. Participants may not engage in operations that result in permanent staining of concrete within or in the area immediately surrounding the Market.

13.4 Meat, Poultry, and Fish
Participants selling meat, poultry, or fish or any other potentially hazardous foods as determined by state or county health inspectors, must transport, store, display, and maintain such products at 41° F or colder in insulated containers with smooth, nonabsorbent interior surfaces.

13.5 Sampling
Participants that distribute food samples must comply with applicable local, state, and federal regulations, including, without limitation, washing their hands after eating, drinking, smoking, or handling money and before preparing, refilling, or otherwise handling samples. Sample distribution must be within or directly adjacent to the Participant’s selling space. Additional sampling requirements are set out in Exhibit K. If a Participant fails to comply with these requirements, PCFMA may revoke sampling privileges, suspend the Participant, or take other disciplinary action under Section 17.

13.6 Grape and Non-Grape Wine Sampling
All wine tastings will be subject to PCFMA’s authorization. PCFMA has full discretion in deciding whether to approve an instructional tasting event. Wine Sellers must sell and operate in compliance with applicable Direct Marketing Regulations and public health regulations, labeling, permitting, documentation, and other laws, including, without limitation, Section 23399.4 of the California Business and Professions Code. When offering samples, Wine Sellers must comply with the following:
• Wine Sellers must separate the instructional tasting event area from the rest of the Market by a wall, rope, cable, cord, chain, fence, or other permanent or temporary barrier supplied by the Wine Seller; • only one Wine Seller may conduct an instructional tasting event each Market Day; • Wine Sellers may not pour more than three ounces of wine per person per day; • no consumer may leave the instructional tasting area with an open container of wine; and • no Wine Seller may give any premium, gift, free goods, or other item of value in connection with the instructional tasting event except as otherwise permitted by PCFMA.

13.7 Beer Sampling
All beer tastings will be subject to PCFMA’s authorization. PCFMA has full discretion in deciding whether to approve an instructional tasting event. Beer Sellers must sell and operate in compliance with applicable Direct Marketing Regulations and public health regulations, labeling, permitting, documentation, and other laws, including, without limitation, Section 23399.45 of the California Business and Professions Code. When offering samples, Beer Sellers must comply with the following:
• Beer Sellers must separate the instructional tasting event area from the rest of the Market by a wall, rope, cable, cord, chain, fence, or other permanent or temporary barrier supplied by the Beer Seller; • only one Beer Seller may conduct an instructional tasting event at each Market Day; • Beer Sellers may not pour more than 8 ounces of beer per person per day; • no consumer may leave the instructional tasting area with an open container of beer; and • no Beer Seller may give any premium, gift, free goods, or other item of value in connection with the instructional tasting event except as otherwise permitted by PCFMA.

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19 13.8 Fire Safety
Participants are required to comply with applicable fire safety regulations and with directions from the local fire department with respect to Market safety, as specified in Exhibit F. Participants must follow these and all other applicable fire safety regulations when they are preparing food anywhere within the market for sale, for sampling, or for their own personal consumption. The Market Manager may forbid a Participant from preparing food in the market if they believe the food preparation will not take place in a manner that satisfies these requirements or is otherwise unsafe.

13.9 Health and Safety Protocols
Participants will comply with all public health laws, orders, and guidelines, and all PCFMA requirements, relating to infectious disease protection and prevention. PCFMA may in its discretion specify requirements that go beyond binding public health directives from the government. PCFMA may implement measures including, without limitation, requiring mask-wearing, modifying stall layouts and locations, suspending sampling, and requiring pre-bagged produce. Participants acknowledge that PCFMA may revise these protocols from time to time as conditions, government requirements and guidelines, industry practices, and PCFMA policies change over time.

13.10 No Attendance
Participants may not attend a Market if they are experiencing symptoms of an infectious disease including, but not limited to, COVID-19 or cold and flu symptoms. In addition, participants may not attend a market if they, at the time, have been exposed to one or more individuals who at the time, are experiencing COVID-19 or other infectious disease symptoms or cold or flu-like symptoms.

13.11 Return to Market
Participants and staff are expected to comply with local health directives and PCFMA guidelines on appropriate protocols for returning to Markets after illness.

14. Conduct

14.1 Generally
Common courtesy and respect are essential to Market success. PCFMA expects Participants to be honest and to conduct themselves in a courteous, friendly, and professional manner towards consumers, Market Managers, government officials, and other Participants. While selling at Markets, Participants may not publicly make slanderous or harmful remarks about other Participants or their products, about other farmer’s markets, about PCFMA, or about Market Managers and other PCFMA staff. Participants may not engage in any behavior that Market Managers, in their sole discretion, consider to be disruptive or otherwise interfering with orderly Market operations. Participants may not engage in conduct that damages or could damage the reputation of Markets as a safe and welcoming place for consumers and the public.

14.2 Harassment and Discrimination
It is PCFMA’s policy that no consumer, Market Manager, PCFMA employee, or Participant will be subject to any form of harassment, discrimination, retaliation, or abusive conduct by any other consumer, employee, or Participant at a Market. This includes any verbal, physical, written, or visual harassment, discrimination, or retaliation on the basis of race, religion, color, national origin, disability, age, gender, gender expression, sexual orientation, veteran status, or other characteristic protected by law. As set out in Section 17, PCFMA may immediately suspend or terminate any Participant that violates this policy.

14.3 Conduct Toward PCFMA Staff
No Participant, or any employee, contractor, family member, or other person associated with the Participant, may coerce, manipulate, harass, abuse, bribe, threaten, or blackmail a PCFMA staff member in connection with a Market reservation, number or location of stalls, authorization of product offerings, records requests, stall

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20 inspections, site inspections, or other requirements of these Rules. Any such attempt or conduct will result in disciplinary action under Section 17.
(a) Harassment under this section shall include verbal, written and online communications, including social media posts.
(b) Inappropriate content that may constitute harassment under this section includes that which threatens or encourages harm, that publicly reveals private information including but not limited to employee contact information, or that misrepresents statements or actions taken by PCFMA or its employees
(c) Participants are strongly encouraged to follow PCFMA’s provided procedures for appealing a decision to which the Participant disagrees and to not engage customers or other Participants in such matters, especially while an appeal is underway.

14.4 Consumer Complaints
PCFMA expects Participants to resolve consumer complaints promptly and courteously, including accepting returned products and providing refunds, as provided in Section 12.5.

14.5 Knowledge of Product
PCFMA expects Participants to be knowledgeable about their products and their manner of production, and to communicate this information clearly and accurately to consumers.

14.6 Shirt and Shoes
Participants must wear shirts and closed-toe shoes at all times at all Markets.

14.7 Smoking
No smoking of any nicotine or cannabis products, including e-cigarettes, is permitted within 25 feet of the common commerce area at any Market.

14.8 Alcohol
Except as permitted by law and these Rules with respect to Wine Sellers and Beer Sellers, possession of open containers and consumption of alcoholic beverages are strictly prohibited in the Market.

14.9 Animals
No animals other than service animals are permitted within the Market or within 20 feet of Market boundaries.

14.10 Noise
Participants may not engage in loud hawking or shouting to promote products. Participants may not play music, radios, or other amplified sound at their stall. Generators that negatively impact the atmosphere of the market or surrounding businesses or residences due to noise, exhaust, or unsafe operation, will not be approved for use. The Market Manager will determine whether a generator has such an impact as specified in 8.10.

14.11 Engine-Powered Vehicles
No engine-powered vehicles (i.e. engine-powered bicycles, skateboards, scooters, and hover boards) are permitted in any Market.

14.12 Solicitation
Participants may only solicit customers regarding the products the Participants are offering for sale at the Market. Solicitation of any other kind, which may include but is not limited to solicitation for sales of other goods or services, donations, tips or other gratuities, shopping at other markets, political campaigns, religious institutions, or other topics, is not permitted at Markets unless authorized in advance in writing by PCFMA.

Notwithstanding this restriction, “tip jars” that allow customers to leave unsolicited gratuities are allowed.

14.13 No Commercial Video or Photography
PCFMA does not permit videotaping, filming, recording, or photography at Markets for commercial purposes without the prior written consent of PCFMA.

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21 14.14 Gifts
PCFMA employees may accept gifts from Participants of items Participants are authorized to sell at Markets, up to a value of $25. No Participant is under any obligation to give gifts to PCFMA employees. In-kind or other payments given with the intent to influence PCFMA decision-making are prohibited.

14.15 Prohibited Activities
Subject to applicable law, Participants may not at Markets engage in political activities, or in efforts to coordinate action among Participants, including, without limitation, encouraging support for a particular candidate or position, seeking signatures on petitions, or distributing brochures, buttons, or other such items.

Participants may post in stalls only those signs required under Section 9 of these Rules.

15. Cleanup and Exit

15.1 End of Market Day
Participants will have one hour after the posted closing time to take down and clean up their stalls. If a Participant fails to adhere to Market departure times, Market Managers may revoke the Participant’s stall space reservation for up to two weeks or take other disciplinary action as provided in Section 17. Participants that sell out of their products may pack up supplies and tables early but must leave their tents assembled until the end of the Market day, unless the Market Manager permits otherwise. Market Managers have full discretion to permit Participants to leave the Market prior to the end of the Market day.

15.2 Pick-Up and Waste Disposal
Before leaving a Market, Participants must collect and remove all debris in their stall space and in an area halfway into the consumer traffic area, without regard to whether the debris originated from their stall space.

Participants must dispose of all waste in an off-site location and are not permitted to place any waste or debris in PCFMA receptacles, city dumpsters, or drains. Such debris include, without limitation, oil, grease, and wastewater from sampling or cleaning activities. Participants must dispose of wastewater as provided in Section 8.12.

15.3 Spills and Excess Waste
Should a spill of oil, grease, wastewater or other liquids cause staining to the street, sidewalk, plaza or other permanent infrastructure of a Market, PCFMA may contract for professional cleaning services to alleviate the problems. Should excess waste be left at a Market or be improperly disposed of, PCFMA may be required to take action to alleviate the problem. In these cases, Participants may be required to reimburse PCFMA the cost of correcting these problems.

16. Records, Stall Inspections, and Site Inspections

16.1 Generally
PCFMA conducts records reviews, stall inspections, and on-site inspections of farms, ranches, processing facilities, boats, workshops, and studios (collectively, “sites”) to verify that Participants are carrying out their activities in accordance with these Rules. PCFMA carries out such inspections in furtherance of PCFMA’s commitment to compliance with the Direct Marketing Regulations, market integrity, consumer trust, and Participant fairness.

16.2 Records
Participants must provide PCFMA, upon PCFMA’s request, documents and records relating to current growing practices, processing practices, permits, licenses, insurance coverages, staffing, tax-exempt status, and other matters. In addition, Participants must provide PCFMA, upon PCFMA’s request, with document or records relating to an official request from a regulatory agency for these items. Participants must cooperate with PCFMA in connection with these requests and any follow-up actions. In addition, Participants must send copies of updated documents and records to PCFMA should they expire or should circumstances change during a Market year. Failure of a Participant to provide documents or updates to documents may result in disciplinary action per Section 17.

16.3 Stall Inspections
PCFMA may, at any time with or without notice, inspect stalls of Participants for compliance with these Rules.

In addition, PCFMA may take, without payment, a sample of Participant’s products for testing for origin, organic

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22 production, or other matters or as part of an investigation of a violation of these Rules. Participants will cooperate with PCFMA in connection with such inspections and testing.

16.4 On-Site Inspections
PCFMA may conduct on-site inspections of farms, storage facilities, and other points of production of certified producers participating in Markets. PCFMA may select a Participant for an on-site inspection based on several factors, including, without limitation, observations made during stall inspections, product growing seasons, periodic schedules, scheduled visits to other farms or facilities in the area, information supplied by third parties, or other factors. In addition, as provided in Section 3.4, new applicants who wish to sell certifiable agricultural products may not be admitted unless and until PCFMA completes an on-site inspection and is satisfied with the results of the inspection.

16.5 On-Site Inspection Process
The on-site inspection process generally will include the following steps:
• PCFMA will conduct records and stall inspections as described in Sections 16.2 and 16.3; • PCFMA will advise the Participant of its intent to conduct an on-site visit; • PCFMA and the Participant will agree on a date for the on-site visit. PCFMA will seek to arrange a date and time for the visit agreeable to the Participant, but reserves the right to conduct an on-site inspection within 24 hours of request by PCFMA;
• in the case of certified producers, PCFMA typically will request that a certified producer have available its current certified producer certificate, site maps of all production sites, lease agreements, and a list of items the certified producer sells or proposes to sell. PCFMA will make appropriate requests of other types of Participants; and
• a PCFMA staff member conducting the inspection (a “PCFMA inspector”) will visit the site. PCFMA has full discretion to determine which of its staff conducts a site inspection. The PCFMA inspector will walk the site, interview the Participant, take notes regarding its findings, and collect data in audio, video, photographic, or written form, as appropriate, potentially including recording interview conversations.

The Participant named on the certified producer’s certificate, or an authorized representative of the Participant, must accompany the PCFMA inspector throughout the on-site visit. PCFMA consultants and other collaborators may accompany PCFMA inspector during an inspection. An authorized representative is any person who communicates with PCFMA on behalf of the Participant
PCFMA will seek to advise the Participant of PCFMA’s determination with respect to the results of the inspection within 14 days of the on-site visit.

PCFMA may in its full discretion refine or otherwise change this process during the Market year.

16.6 Conduct Toward PCFMA Inspector
As provided in Section 14.3, if a Participant, or one of its employees, contractors, family members, or other persons associated with the Participant attempts to coerce, manipulate, harass, abuse, bribe, threaten, or blackmail an PCFMA inspector or staff member in connection with records requests, stall inspections, or site inspections, the Participant will be subject to disciplinary action under Section 17.

16.7 Inspection Consequences
A Participant (a) whom PCFMA cannot conclude to its satisfaction is growing or producing all the products it sells or intends to sell at Markets; (b) who fails to cooperate with PCFMA in connection with records reviews, stall inspections, or site inspections; or (c) who otherwise fails a PCFMA review, inspection or inspection, is subject to action by PCFMA including disciplinary action under Section 17. By way of example and not of limitation, PCFMA may carry out a follow-up review, inspection, require Participant to develop a corrective action plan, suspend or terminate Participant’s participation in Markets, or make disclosure to relevant parties as provided in Section 16.9. In addition, if PCFMA decides on the basis of a stall inspection to conduct an onsite inspection, PCFMA may suspend such Participant’s participation until satisfactory completion of such inspection.

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23 16.8 Inspection Materials
For purposes of these Rules, “Inspection Materials” means information and observations obtained in the course of records review, stall inspections, and on-site inspections including, without limitation, audio recordings, video recordings, photographs, written notes and reports, and inspection-related communications to and from Participants. Though PCFMA may in its full discretion make copies of Inspection Materials available to Participants, Inspection Materials are internal records of PCFMA and Participants are not entitled to review, obtain, or make copies of any Inspection Materials at any time.

16.9 Disclosure of Inspection Violations
PCFMA and other certified farmers’ markets have a common interest in ensuring producer and market operator compliance with California law including the Direct Marketing Regulations, preserving the integrity of the farmers’ market sector, maintaining consumer confidence in farmers’ markets, and providing a level playing field for all producers. Producers selling only what they grow is central to these concerns. To that end:
• PCFMA may, at any time, in its full discretion, disclose Inspection Materials and disciplinary decisions related to inspection violations to governmental authorities, including, without limitation, the California Department of Food and Agriculture and the Agricultural Commissioner of relevant California counties; • PCFMA may contact the relevant Agriculture Commissioner or a representative of the California Department of Food and Agriculture if PCFMA has reasonable suspicion of a violation by a Participant of Section 890 of the Code, as contemplated by the Direct Marketing Regulations; • PCFMA may, in its full discretion, disclose to other certified farmers’ markets, after a decision is rendered in a Participant’s appeal or the expiration of the appeals period as defined in Section 17.11, Inspection Materials and disciplinary decisions related to inspection violations; and • PCFMA may, at any time, in its full discretion, disclose to other Participants, consumers, and other third parties the fact that PCFMA has suspended or expelled a Participant for failure to comply with these Rules.

Participants are not entitled to review or approve any disclosure to any person prior to its release.

16.10 Inspection-Related Consents
Each Participant expressly consents to the following:
• requests by PCFMA from other certified farmers’ market operators for references and other information concerning the Participant including, without limitation, the Participant’s record of compliance with such operators’ market rules and regulations;
• PCFMA’s inspection program as set out in this Sections 16, including, without limitation: (a) production of documents and records; (b) pre-admission site inspection within 7 days of request by PCFMA; (c) stall inspections at any time during Market hours; (d) site inspections and presence on Participant’s property of PCFMA inspectors and other persons accompanying PCFMA inspectors within 24 hours of request by PCFMA; and (e) data collection by PCFMA including through audio, video, photographic, or written means, interviews of Participant and Participant’s employees, and recording of such interviews; and
• PCFMA’s disclosure of inspection violations as set out in this Section 16.9 including, without limitation:
(a) PCFMA’s disclosure of Inspection Materials and disciplinary decisions to government authorities; (b) PCFMA’s disclosure of Inspection Materials and disciplinary decisions to other certified farmers’ markets; and (c) PCFMA’s disclosure of suspension or expulsion decisions to other Participants, consumers, and other persons.

16.11 Other Aspects of Inspections
The presence of Market Managers or other PCFMA staff at a stall or site, and any statements they may make to a Participant in the course of such visits, will not limit or affect in any way the Participant’s obligation to comply with these Rules, the Direct Marketing Regulations, and other laws. This Section 16.11 does not impose any duty on PCFMA to inspect any record, stall, or site or assume any liability of any kind arising from inspecting or not inspecting any record, stall, or site. An inspection by PCFMA is targeted in nature and does not entail a review of, or a statement or assurance regarding, agricultural, employment, or food safety practices, environmental compliance, or other matters.

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24 17. Discipline

17.1 Violations Generally
Violation of these Rules may result in a fine, penalty, or other disciplinary action. The disciplinary action imposed will be directly related to the gravity of the violation. When deemed appropriate by PCFMA in its sole discretion, a Participant may be subject to a more significant disciplinary action before less significant disciplinary actions have been imposed (e.g., a written violation with a fine may be issued before a written warning without a fine).

17.2 Inspection Violations
PCFMA considers inspection violations, including, without limitation, reselling agricultural products not of a Participant’s own production, providing false or misleading statements about a product, and failing to cooperate with PCFMA or designated inspectors in connection with records requests, stall inspections, or on-site inspections, to be serious violations of these Rules. Such inspection violations may result in more severe discipline.

17.3 Health and Safety Violations
PCFMA considers health and safety violations, including, without limitation, failure to comply with applicable health and safety regulations, infectious disease protocols, and Market Managers’ health and safety directions, to be serious violations of these Rules. Such violations may result in more severe discipline.

17.4 Multiple Violations
PCFMA considers different violations by a single Participant, and/or violations by a single Participant in more than one PCFMA Market, as repeat and serious violations of these Rules. Such repeat violations may result in more severe discipline.

17.5 Impact of Prior Disciplinary Action
PCFMA considers a violation by a Participant that previously faced disciplinary action for any violation by PCFMA or another certified farmer’s market to be a serious violation under these Rules. Such prior offender violations may result in more severe discipline.

17.6 Disciplinary Actions
Disciplinary actions include, without limitation:
• an oral warning;
• a written notice of violation;
• restrictions on participation;
• a written notice of violation with a fine determined by violation; • Market suspension of up to 18 months;
• expulsion from the Market at which the violation occurred; and • expulsion from all Markets.

PCFMA may take any of these actions in any order. PCFMA will use reasonable efforts to provide oral or written notice before undertaking further action, but failure to provide such notice does not preclude PCFMA from taking any form of disciplinary action. If PCFMA provides such notice, a Participant will take prompt action to respond to the notice and ensure that its operations are in compliance with these Rules.

17.7 Restrictions
PCFMA has full discretion to place restrictions on a Participant that has violated these Rules. Such restrictions may be more stringent than the requirements outlined in these Rules, and may remain in effect beyond the current Market year including on a permanent basis.

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25 17.8 Penalties
A Participant that is cited by any government authority, or whose activities necessitate a re-inspection by a government authority, will be responsible for any fees and costs arising from such inspection and re-inspection.

A Participant whose activities result in a penalty or fine against PCFMA must reimburse PCFMA for such amounts no later than ten days after delivery of invoice by PCFMA.

17.9 Fines
A participant who is fined by PCFMA must pay PCFMA no later than 14 days after delivery of invoice or notice by PCFMA as set out in Section 7.10. As provided in Section 3.2, a Participant must pay PCFMA all fines and other amounts owing to PCFMA prior to any readmission to a Market.

17.10 Suspension
PCFMA will immediately suspend a Participant that has fees outstanding to PCFMA for more than 30 days, until such fees are paid. At the discretion of PCFMA, other violations of these Rules may also result in suspension, including, without limitation, revocation of a certified producers certificate by a state or county regulatory authority, reselling, product misrepresentation, noncompliance with inspections, and inappropriate conduct during inspections. If suspended, and unless otherwise determined by PCFMA, such Participants:
• may not sell on their behalf or on behalf of any other Participant at any Market during the suspension period;
• may be subject to a one-year probationary period following the end of the suspension period; • must bear the full cost of up to three inspections and any lab work PCFMA deems necessary at any locations products are produced, processed, or held;
• may lose previous Market reservations after the suspension is lifted; and • may not offer their product for sale by another Participant through the use of a second certificate.

17.11 Appeal
A Participant may appeal a PCFMA disciplinary action, other than an action resulting from an inspection conducted under Section 16, through the following process:
• a Participant may appeal a Market Manager’s disciplinary action by submitting a written petition to the Regional Manager;
• a Participant may appeal a Regional Manager’s decision by submitting a written petition to the Director of Operations;
• a Participant may appeal the Director of Direct Marketing’s decision by submitting a written petition to the Executive Director; and
• a Participant may appeal the Executive Director’s decision by submitting a written petition to the Board.

The Board may review the appeal at the next regular scheduled meeting of the Board.

A Participant must submit all appeal petitions within two weeks of notification of a disciplinary action. Failure to submit an appeal on time will result in the decision being final and binding. In all appeal petitions a Participant should explain the basis for the appeal, the relief requested by the Participant, and any proposed actions by the Participant relating to the problems that gave rise to the disciplinary action. PCFMA will notify Participant of the appeal decision in writing. PCFMA senior management and the Board in deciding an appeal may refuse to review, agree to review, or uphold, modify, or negate a prior decision by PCFMA staff. Any disciplinary action by PCFMA, including fines, suspensions, and expulsions, will remain in full force and effect during the appeal process.

Any and all decisions by the Board will be final, binding, and the exclusive remedy available to Participant.

17.12 Appeal of Action Resulting from an Inspection
A Participant may appeal a PCFMA disciplinary action resulting from an inspection conducted under Section 16, by submitting a written appeal to the Board. The Board may review the appeal at the next regular scheduled meeting of the Board. A Participant must submit all appeal petitions within two weeks of notification of a decision. Failure to submit an appeal on time will result in the decision being final, binding, and exclusive.

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26 In all appeal petitions a Participant should explain the basis for the appeal, the relief requested by the Participant, and any proposed actions by the Participant relating to the problems that gave rise to the disciplinary action. PCFMA will notify Participant of the appeal decision in writing. The Board in deciding an appeal may refuse to review, agree to review, or uphold, modify, or negate a prior decision by PCFMA staff.

Any disciplinary action by PCFMA, including fines, suspensions, and expulsions, will remain in full force and effect during the appeal process. Any and all decisions by the Board will be final, binding, and the exclusive remedy available to Participant.

17.13 No Compensation for Suspension or Termination
Participants are not entitled, directly or indirectly, to any refunds, damages, or other forms of compensation from PCFMA, or to obtain an injunction, specific performance, or other equitable remedy, as a consequence of suspension or termination from the Market.

17.14 Written Consumer Complaints
PCFMA will advise Participants of written complaints PCFMA receives from consumers about product quality, conduct, or unfair practices, and will take action as follows. For the first complaint, PCFMA will issue a written notice to the Participant including the nature of the complaint redacted as necessary for privacy. PCFMA may also take the disciplinary action set out above as is appropriate to the situation. Additional complaints of a related nature from any consumer may result in PCFMA taking the more severe disciplinary actions listed against the individual or producer involved.

17.15 Participant Complaints
Participants are welcome at any time to bring forward to the Board any issues, grievances, concerns, or complaints they may have about market operations. Participants must present such issues and complaints in writing. A written complaint does not guarantee the Participant a meeting with the Board.

17.16 No Limits on Other Rights
The process described in this Section 17 does not: (a) limit PCFMA’s ability to enforce its rights under these Rules; (b) limit or qualify a Participant’s obligation to comply with applicable law or the Rules; or (c) limit PCFMA’s right to notify and/or involve government authorities or other third parties as it may determine.

18. Relationship

18.1 Method of Work
Participants are solely responsible for the planning, management, and carrying out of their production and marketing activities and their operations in Markets, regardless of whether or not the Participant obtains educational, marketing, or technical support from PCFMA. Participants are solely responsible for the actions of their employees, contractors, and volunteers.

18.2 Relationship
Nothing in these Rules creates an employment, partnership, joint venture, fiduciary, or similar relationship between any Participant and PCFMA.

18.3 No Guarantees
PCFMA does not make any representations, warranties, promises, or guarantees of any kind to any applicant or Participant, including any about sales, profits, stall location, consumer traffic, product offerings, or otherwise.

18.4 Publicity and Media Consent
Participants consent to the use by PCFMA of Participant’s image, voice, name, and/or story in any format, including video, print, or electronic (collectively, “Materials”), as PCFMA may deem appropriate in connection with its marketing, consumer education, fundraising, and other outreach activities. PCFMA may make the Materials available at its full discretion to third parties on PCFMA’s website, in PCFMA’s publications, or through any other media outlet, including social networking websites. PCFMA owns all copyrights and other rights in the Materials. PCFMA retains full discretion in determining if and how to publicize Participants in conjunction with PCFMA activities. Each Participant understands that it is not entitled to inspect or approve versions of the Materials prior to their use, or to receive any payment.

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27 18.5 Use of PCFMA Name and Logo
Participants will not use the trademarks, trade names, copyrights, or other intellectual property belonging to PCFMA (together, “Marks”) without first obtaining the prior written consent of PCFMA, except that Participants may on their websites or other marketing materials identify themselves as a participant in a Market and use Marks during such time that they are current Participants. This license to Participants is non-exclusive, nontransferable, non-sublicensable, and is revocable by PCFMA at any time. A Participant will use the Marks only in the forms provided to it by PCFMA and will not combine any trademarks included in the Marks with any other trademark or design. If PCFMA objects to any use of the Marks by a Participant, the Participant will terminate this use within 10 days after PCFMA contacts Participant. Each Participant acknowledges that it has no interest in the Marks other than the rights granted under these Rules.

19. Insurance and Liability

19.1 Insurance
At all times when participating in any Market, every Participant must maintain, at its sole expense, commercial general liability insurance including products liability, blanket contractual liability, and personal injury coverage with a combined single limit of $1,000,000 per occurrence for bodily injury, including death and property damage. This policy must name PCFMA as an additional insured and, as required by Exhibit E, be submitted by Participant to PCFMA as part of the application process. Participants must give PCFMA 10 days advance written notice prior to policy cancellation, if cancelled during the Market season. In addition, every Participant must maintain automotive liability insurance for both owned and non-owned vehicles used by the Participant.

Participants must provide evidence of these coverages to PCFMA in a form acceptable to PCFMA prior to admission at any Market and otherwise upon PCFMA’s request as provided by Section 16.2 of these Rules.

19.2 Taxes
Each Participant is solely responsible for all tax returns, disability, unemployment insurance, workers’ compensation, and other payments required by any federal, state, or local tax authority, including sales taxes, in connection with its participation in a Market. Each Participant is solely responsible for its own disability, unemployment insurance, workers’ compensation, and similar arrangements and contributions.

19.3 Indemnification
Each Participant will defend, indemnify and hold harmless each of PCFMA, its officers, directors, agents, volunteers, donors, and employees, and relevant Market site owners and operators (collectively, “PCFMA Parties”), from and against any and all third-party claims, losses, damages, demands, and expenses, including attorneys’ fees, that such PCFMA Party may suffer arising from: (a) Participant’s participation in a Market or the Harvest2Home box program, including, without limitation, any claim by a consumer or other third party arising from sale and consumption by individuals of products sold by or sourced from a Participant, operation and setup by a Participant of its stall space, and actions of, interactions with, or proximity to the Participant or its staff; (b) any claims by employees, volunteers, suppliers, contractors, tax authorities, or other persons in a relationship with Participant; or (c) any violation by the Participant of its obligations under these Rules or any applicable laws or government orders including, without limitation, the Direct Marketing Regulations, the California Health and Safety Code, and directives of state and county public health officials. Participants will have no obligation to indemnify a PCFMA Party to the extent the liability is caused solely by such PCFMA Party’s gross negligence or willful misconduct.

19.4 No Responsibility for Personal Safety or Property
Each Participant understands that their safety is their own personal responsibility, and that PCFMA is not responsible for, and will have no liability to a Participant in respect of, either their safety or the security of their personal property, including, without limitation, cash or other property left in stalls, vehicles, and parking spaces.

19.5 No Responsibility for Conduct
Each Participant understands that PCFMA is not responsible for the conduct of other Participants, consumers, other Market visitors, or any other individuals in the area surrounding a Market location. PCFMA is not responsible for and will have no liability whatsoever to a Participant in respect of, any adverse impact on a Participant’s business caused by the conduct of others, or PCFMA’s application of these Rules to other Participants.

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28 19.6 Loss or Relocation of Site
Each Participant acknowledges and understands that PCFMA operates Markets on leased or licensed properties. PCFMA will have no liability whatsoever to any Participant if PCFMA loses access to a site, relocates a Market, or takes other action, as a result of changes in its relationships with site owners.

19.7 Force Majeure
Each Participant agrees that neither PCFMA nor any other PCFMA Party will be liable for any delay in or failure of PCFMA to operate a Market or Markets or otherwise carry out its activities under this Agreement due to circumstances beyond PCFMA’s control, including, without limitation, acts of God, fire, flood, earthquake, natural disaster, air quality, war, act of terrorism, civil disorder, strike or other labor dispute, governmental action, pandemic, epidemic, quarantine, recognized health threat as determined by a government authority or health agency, power failure or other interruption of public utilities, or curtailment of transportation systems (each, a “Force Majeure Event”). Should a Force Majeure Event occur, PCFMA will notify relevant Participants and will use commercially reasonable efforts to work around the Force Majeure Event and resume normal operations as soon as reasonably possible. For clarity, a Force Majeure Event will not excuse Participants from their obligations under these Rules, including, without limitation, payment obligations.

19.8 Assumption of Risk
Each Participant understands that participation in Markets has risks, including, without limitation, exposure to infectious disease through contact with others at or around the Market, security risks posed by others at or around the Market, exposure to weather, air quality and other environmental factors, and disruptions to business caused by others’ conduct. With such information and awareness, each Participant knowingly, freely, and voluntarily participates in Markets and assumes and accepts the risks of all injury, illness, exposure to disease, death, property damage or loss, financial obligation, loss of business, loss of privacy, loss of reputation, and all other injuries and other consequences, whether known or unknown, whether foreseen or unforeseeable, that may result, directly or indirectly, from such Participant’s presence and activities at Markets, regardless of the cause.

19.9 Liability Waiver and Release
To the fullest extent permitted by law, each Participant waives and releases each PCFMA Party from any and all liability, claims, costs, and expenses of any kind and of whatever nature which a Participant or Participant’s heirs, next of kin, or legal representatives may have or which may later accrue, caused by or arising directly or indirectly from a Participant’s participation, presence, and activities in Markets. This release and waiver includes, in each such case, all claims known and unknown, foreseeable and unforeseeable, regardless of the cause or whether such claims arise from tort, contract, or otherwise, and even if caused by negligence, whether passive or active, including, without limitation, claims arising from the risks set out in Section 19.8. Participants will not sue any PCFMA Parties on the basis of these waived and released claims. Participants waive the protections of Section 1542 of the California Civil Code.

19.10 Limitation of Liability
No PCFMA Party will be liable to any Participant for any incidental, special, consequential, exemplary, punitive, lost profits, loss of business, or indirect damages under any theory of liability arising out of or otherwise related to these Rules, even if such PCFMA Party has been apprised of the likelihood of such damages. PCFMA’s total liability to a Participant under these Rules will in no case exceed the total fees paid by Participant to PCFMA during the current market year.

20. General Provisions

20.1 Entire Agreement
These Rules, including the Exhibits and Standard Operating Procedures, set out the final, complete, and exclusive agreement between PCFMA and Participants, and supersedes all prior versions of these Rules, any prior discussions and correspondence, and any course of dealing or course of performance between PCFMA and any person relating to the operation of the Markets. Each Participant acknowledges and understands the provisions contained in these Rules and confirms its agreement to them.

20.2 Compliance with Laws
Each Participant, at its expense, will ensure that its operations, including certification, production, signage, sampling, sales, displays, set up, and clean-up, comply with the Direct Marketing Regulations, and with all

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29 food, retail food facility, health, safety, packaging, labeling, labor, employment, and other laws applicable to the Participant’s participation in a Market. It is the sole responsibility of each Participant to ensure that its operations comply with such legal requirements.

20.3 Participant Employees and Family Members
For clarity, Participant is responsible for ensuring compliance with these Rules, including, without limitation, Rules relating to health, safety, and conduct, by Participant's employees, family members, representatives, agents and other affiliates. The actions of such persons will be the responsibility of, and attributable to, Participant, in applying and enforcing these Rules.

20.4 Third-Party Beneficiaries
Except as specifically provided in Sections 19.3, 19.7, and 19.9 – 19.10, these Rules are for the exclusive benefit of PCFMA and Participants and not for the benefit of any third party including, without limitation, any employee, volunteer, family members, contractor of a Participant, or any other Participants or consumers.

20.5 Waiver
Any waiver by PCFMA under these Rules must be in writing and signed by PCFMA. Failure, neglect, or delay by PCFMA at any time to enforce a provision of these Rules will not be considered a waiver of PCFMA’s rights under these Rules. Waiver of any breach or provision of these Rules or failure to enforce any breach or provision of these Rules will not be considered a waiver of any later breach or the right to enforce any provision of these Rules.

20.6 Modification
PCFMA may amend these Rules in its sole discretion. It will notify Participants of any changes made during a calendar year, through sending out documents in hard or soft copy or otherwise disclosing them on PCFMA’s website, and will provide all applicants with a copy of the current Rules during the application process. Any amendment, modification, alteration, or change must be in writing. Market Managers do not have the authority to amend the Rules.

20.7 Severability
If any provision in these Rules is held invalid or unenforceable, the other provisions will remain enforceable, and the invalid or unenforceable provision will be considered modified so that it is valid and enforceable to the maximum extent permitted by law.

20.8 Language
PCFMA created these Rules in the English language. Any translations of the Rules into other languages are for convenience only and will have no force and effect on the legal interpretation of the Rules. If there is any conflict between the English language version of the Rules and any such translation, the English language version will prevail.

20.9 Governing Law; Jurisdiction
These Rules will be governed by California law. PCFMA and Participants consent to the exclusive jurisdiction of the state and federal courts for Concord, California.

20.10 No Presumption Against Drafter
The Rules will be construed without regard to any presumption or rule requiring construction against the party drafting the Rules.

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30 Exhibit A
Market Days and Hours
City Market Day & Time Open
Alameda Alameda Farmers' Market Tuesday
9:00 AM to 1:00 PM
Year-Round
Saturday
9:00 AM to 1:00 PM
Year-Round
Antioch Kaiser Permanente Antioch
Farmers Market
Thursday
9:30 AM to 1:30 PM
Mar 27, 2025 – Nov 20,
2025
Belmont Belmont Farmers' Market Sunday
9:00 AM to 1:00 PM
Year-Round
Brentwood Brentwood Farmers' Market Saturday
April to October:
8:00 AM to 12:00 PM
November to March:
9:00 AM to 1:00 PM
Year-Round
Concord Concord Farmers' Market Tuesday
10:00 AM to 2:00 PM
Year-Round
Thursday
4:00 PM to 8:00 PM
June 5, 2025 – Sept 25,
2025
Cupertino Creekside Farmers' Market Friday
8:00 AM to 12:00 PM
Year-Round
Cupertino De Anza College Farmers’
Market
Sunday
9:00 AM to 1:00 PM
Year-Round
Danville Danville Farmers' Market Saturday
9:00 AM to 1:00 PM
Year-Round
Dublin Dublin Farmers' Market Thursday
4:00 PM to 8:00 PM
Apr 3, 2025 – Sept 25, 2025
Dublin Kaiser Permanente Dublin
Farmers’ Market
Tuesday
10:00 AM to 2:00 PM
Apr 15, 2025 – Nov 25,
2025

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31 City Market Day & Time Open
Fremont Irvington Farmers' Market Sunday
9:00 AM to 2:00 PM
Year-Round
Los Altos Downtown Los Altos Farmers’
Market
Thursday
4:00 PM to 8:00 PM
May 1, 2025 – Oct 9, 2025
Martinez Martinez Farmers' Market Sunday
9:00 AM to 1:00 PM
Year-Round
Milpitas Milpitas Farmers' Market Sunday
8:00 AM to 1:00 PM
Year-Round
Palo Alto VA Palo Alto Farmers' Market Wednesday
10:00 AM to 2:00 PM
May 7, 2025 – Nov 5, 2025
Pinole Pinole Farmers' Market Saturday
9:00 AM to 1:00 PM
Year-Round
Pleasanton Pleasanton Farmers' Market Saturday
9:00 AM to 1:00 PM
Year-Round
San
Francisco
Castro Farmers’ Market Wednesday
3:00 PM to 7:00 PM
Apr 2, 2025 – Nov 19, 2025
San
Francisco
Divisadero Farmers' Market Sunday
9:00 AM to 1:00 PM
Year-Round
San
Francisco
Fillmore Farmers' Market Saturday
9:00 AM to 1:00 PM
Year-Round
San
Francisco
Inner Sunset Farmers' Market Sunday
9:00 AM to 1:00 PM
Year-Round
San Jose Alum Rock Village Farmers'
Market
Sunday
8:00 AM to 12:00 PM
Year-Round
San Jose Berryessa Farmers’ Market Saturday 9:00 AM to
1:00 PM
May 3, 2025 – Nov 15,
2025

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32 San Jose Evergreen Farmers' Market Sunday
9:00 AM to 1:00 PM
Year-Round
Wednesday
9:00 AM to 1:00 PM
Year-Round
San Jose Kaiser Permanente San Jose
Farmers’ Market
Tuesday
10:00 AM to 2:00 PM
Year-Round
San Jose Santa Teresa Farmers’ Market Saturday
9:00 AM to 1:00 PM
Year-Round
San
Leandro
Downtown San Leandro
Farmers' Market
Wednesday
3:00 PM to 7:00 PM
Apr 2, 2025 – Oct 8, 2025
San Mateo 25th Avenue in San Mateo
Farmers' Market
Tuesday
3:00 PM to 7:00 PM
May 6, 2025 – Oct 21, 2025
San Mateo College of San Mateo
Farmers' Market
Saturday
9:00 AM to 1:00 PM
Year-Round
Santa Clara Kaiser Permanente Santa
Clara Farmers’ Market
Friday
8:30 AM to 1:30 PM
Year-Round
Union City Union City Farmers' Market Saturday
8:00 AM to 12:00 PM
Year-Round
Vallejo Vallejo Farmers' Market Saturday
9:00 AM to 2:00 PM
Year-Round
Opening dates and closing dates are subject to change.

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33 Exhibit B
Market Closure or Other Adjustment
Holidays
PCFMA may close Markets on federal, state and local holidays such as but not limited to the Fourth of July, Thanksgiving, Christmas Eve, Christmas, and New Year’s Day, as well as the day before or after a holiday.

PCFMA may also close individual Markets due to local holidays or events. PCFMA will seek to provide Participants with as much notice as possible of Holiday and event closures.

Health and Safety
On rare occasions, PCFMA may conclude that it is necessary to cancel a Market, or to adjust Market operations and hours, for health and safety reasons. Examples of conditions that may warrant such an action include, without limitation:

1. Extreme Weather and Natural Disasters
High winds, lightning, or other extreme weather, floods, earthquakes, or other such conditions could result in a Market adjustment. For example, PCFMA staff may cancel a Market, instruct Participants to take down their tents, or close the Market early.

PCFMA may preemptively close a Market if the weather forecast is for dangerous conditions during the market hours. Generally, dangerous conditions include rain of one-half inch per hour or more, sustained winds of 30 miles per hours or greater, sustained winds with wind gusts of 40 miles per hour or greater, or heat in excess of 102 degrees.

2. Violence or Threats of Violence
If PCFMA becomes aware of a credible threat of violence that could affect a Market location during Market hours, PCFMA will seek to work with local authorities to determine the seriousness of the threat and whether the Market should be closed. If an act of violence occurs at or near the Market, PCFMA may order immediate evacuation and closure of the Market.

3. Strikes, Rallies, and Protests
If PCFMA becomes aware of a strike, rally, or protest that could affect a Market, PCFMA will assess the potential impact of the event on Market operations. In some cases, PCFMA will communicate with Participants regarding whether they want to attend the Market that day in view of potential disruption.

PCFMA in any case may choose to cancel the Market, adjust operating hours or other practices, or close the Market. If such events occur unexpectedly during Market hours, PCFMA may close the Market immediately.

4. Fire, Smoke, and Other Unsafe Conditions
PCFMA may cancel or close a Market early if the Air Quality Index at the Market location is in, or is predicted to be in, the Very Unhealthy range (201 – 300) or Hazardous range (301 – 500) during Market hours.

PCFMA may cancel a Market if the property owner controlling the Market site, or the city or county in which the Market is located, or local emergency services, declares a public health emergency by reason of smoke, air quality, or any other environmental reason.

Other factors that may result in a Market cancellation or other adjustment include fire or chemical spills at or near a Market location. If such factors create an immediate danger, PCFMA may direct Participants to leave the site without first packing up.

As provided in Section 6.6, Market Managers have full discretion to (a) evaluate whether the conditions described above or other conditions should result in a change in Market operations and (b) adjust Market operations, including, without limitation, cancellation or closure. Market Managers also have full discretion in

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34 addressing stall fee collection, no-show determination, and similar matters in view of such changes in Market operations.

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35 Exhibit C
Second Certificates
As referenced in Section 2.10, Participants who are certified producers may not sell certifiable agricultural products produced on land controlled by a third party without a valid second certificate issued to a certified producer (Secondary Producer) who has agreed to allow their products to be sold by the Participant.

Participants using second certificates must comply with the following requirements:

1. Within a calendar year, a Participant may not be represented by more than one Secondary Producer.

2. Within a calendar year, a Participant may not represent more than one Secondary Producer.

3. Each Participant’s products to be sold, or offered for sale, must be separated and identifiable by the Secondary Producer’s valid certified producer's certificate at the time or point of sale. The valid certificate must include the names of the certified producer growing the products and the certified producer selling the second certificate products.

4. Signage must clearly identify which products are produced at each farm, that they were “Proudly California Grown” by a specifically named farmer, and the city and county of production. Signage must also identify that such products are “Proudly Sold By” the Participant operating the Market stall.

5. The Participant must be offering for sale, at a Market on the same day, certified products which the Participant has produced itself and must comprise more than 50% of the volume of total products the Participant is offering for sale. Volume is measured by the weight or dollar value of the products at the time or point of sale, and the volume requirement applies only at the beginning of the day of sale.

6. PCFMA reserves the right to restrict the sale of products in its markets (Section 2.4) and is more likely to restrict products appearing on a Second Certificate than when those products appear on a primary certificate (Section 4.1(b)).

7. PCFMA believes that the appropriate use of a Second Certificate is to add product diversity to a farmers market and discourages the use of Second Certificates when there is significant overlap between the products listed on the Second Certificate and the products listed on the Primary Certificate.

8. A Participant wishing to sell on behalf of Secondary Producer must obtain and submit to the relevant county agricultural commissioner, prior to certification, written authority to sell from the Secondary Producer.

9. Commission sales and buying and selling between certified producers is prohibited at Markets. Any payment made for the service of a Participant selling for a Secondary Producer may not be related to the volume or value of the products sold.

10. A Participant selling products at a Market on behalf of a Secondary Producer must keep, for a period of not less than three years, the following records relating to such products: (a) the date of transfer of the products to the Participant and an accurate accounting of the amount of products by weight, dry measure, or count, with each separate product and amount recorded according to variety; (b) the date of sale of products and an accurate accounting of the amount of products sold by weight, dry measure, or count, with each separate product and amount recorded according to variety; and (c) the names of the Participant and Secondary Producer involved.

11. Participants selling second certificate crops must pay a supplemental application fee as set out in Exhibit D, and a supplemental stall fee as set out in Exhibit G.

12. Participants who are currently suspended or who have been expelled from PCFMA’s Markets are not eligible to offer their products for sale through the use of a second certificate at any PCFMA Market.

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36 Exhibit D
Application Fee Schedule
The application fees required upon submission of an application form are set forth below. These fees are nonrefundable, and their payment does not guarantee an applicant admission to participate, the right to sell products specified in a second certificate, nor the right to sell alcohol at any Market.

Participant Application Type Payment Type Fee
New Market
Participant*
Application and payment submitted online with all
required documentation.

Online via credit
card
$175
Returning Market
Participant
Application and payment submitted online by
January 8, 2025 with all required documentation.

Online via credit
card
$150
Application submitted online by January 8, 2025
with all required documentation.

At market or by
check
$200
Application submitted online after January 8, 2025
with all required documentation
Online via credit
card, at market,
or by check
$200
Additional Fees Second certificate submitted with application Online via credit card, at market,
or by check
$100
Request to sell alcohol Online via credit
card, at market,
or by check
$100
*Participant did not sell in any PCFMA market in the 2023 or 2024 season

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37 Exhibit E
Required Application Documents
As a prerequisite to PCFMA’s review of an application to participate in any Market, the applicant must provide PCFMA with all documentation specified below according to product type. Please note that an applicant’s products may fall into several of the categories, and the applicant must provide all required documentation for all applicable categories.

All Products • certificate of general liability insurance within minimum coverage of $1,000,000 which names PCFMA as an additional insured
Taxable Products • seller’s permit issued by the State Board of Equalization authorizing the applicant’s sale of goods at each Market it wishes to sell products Certified
Agricultural
Products
• certified producer certificates for all growing areas applicable to the products the applicant proposes to sell at Markets, including those for which the applicant proposes to sell under a second certificate
• annual plan indicating the agricultural products the applicant plans to produce and offer for sale at Markets, and the time of the year when they are expected to be available for sale upon request
• lease or sharecropping agreements for land on which the producer’s certified agricultural products are grown, if applicable upon request Processed
Agricultural
Products
• complete copy of a Cottage Food Operations permit or a health permit issued by the state or county for the point of production of the processed agricultural products
• if a producer wishes to sell its honey sticks in the certified agricultural section of any Market, a letter from the processor of the producer’s honey sticks that the products are processed in its facility
Non-Agricultural
Products
• if selling a processed food product for which any portion of the preparation is done in an offsite point of production, a health permit issued by the state or county for the point of production of the non-agricultural products • if selling a processed food product for which all preparation is done at the Market, a heath permit issued by the county for the commissary in which the food and equipment is stored outside of market hours
• any additional certifications and/or permits required by the local jurisdiction of the Markets in which the applicant seeks to sell non-agricultural products Organic
Products
• certificate of organic registration from the California Department of Food and Agriculture Organic Program, if applicable
• organic certification from a USDA-accredited organic certifying organization if gross annual sales of such organic products are expected to exceed $5,000, if applicable

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38 Meat • certification that all livestock is slaughtered in USDA-inspected facilities in accordance with federal law, or that a statutory exemption applies • certification that all packaged meat products are processed and packaged in USDA-approved facilities
• certification that all meat products are routinely stored in USDA-approved storage facilities prior to sale
Fish • commercial fish business license, fisherman’s retail license, or fish receiver’s license
• shellfish handling permit or shellfish growing permit if selling shellfish • landing, transfer, producer, or wholesaler receipts and/or invoices upon request

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39 Exhibit F
Requirements for Fire Safety
These are some of the more common requirements Participants must follow in regards to cooking and using fuel tanks in the market. This is not an exhaustive list of these kinds of requirements. Participants are required to follow all applicable state fire codes.
• Participants cooking in the market must have in their stall a currently certified fire extinguisher of the appropriate type based on the kind of cooking taking place. • Fire extinguishers should be stored at least five feet away from any heat source or fuel tanks • If using a LPG tank, Participants must connect the tank to their cooking equipment using a hose at least 10 feet in length and the tank must be at least 10 feet away from cooking equipment • An LPG tank must by supported by a stand or container that prevents it from tipping or rolling. • An LPG tank must have been inspected by a certified inspector or purchased no more than one year ago
• Cooking equipment and fuel tanks must not be easily accessible by the public either by being stored within a Participant’s stall or cordoned off using cones, caution tape, or other visual indicator as deemed appropriate by the Market Manager
• Participants cooking inside or beneath a tent, umbrella, or other shade covering must ensure that such equipment is fire retardant and clearly labeled as such with the appropriate seal of registration to officially communicate that the chemical or material has been approved by the State Fire Marshal and other officials as a flame retardant. This Seal should have adhered to tent rentals, canvas, and other decorative products. This Seal may also be used to label approved chemicals.

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40 Exhibit G
Stall Fee Schedule
Prices are per stall as defined in Section 7.5 and Section 8.3 of the Rules and Regulations.

For the purposes of this schedule, the “Winter Season” begins on December 1 and ends on March 31, and the “Summer Season” begins on April 1 and ends on November 30.

Tier assignments for specific markets are listed in Exhibit H.

Season Tier 1 Tier 2 Tier 3
Agricultural Winter $32 $44 $46
Summer $44 $54 $60
Second Certificates +$35 per market day
NonAgricultural,
Prepackaged
Winter $47 $60 $62
Summer $59 $70 $75
NonAgricultural,
On-Site
Processing*
Winter $57 $70 $72
Summer $69 $78 $90
Artisans Winter $32 $44
Summer $44 $54
*Generally, Non-Agricultural, On-Site Processing Participants are those processing food on-site, in the Market, with the use of a heat source such as LP gas, charcoal, or wood fires.

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41 Exhibit H
Stall Fee Tiers
Market Day Agricultural NonAgricultural,
Pre-Packaged
NonAgricultural, OnSite ProcessingArtisan
25th Avenue in San Mateo
Farmers' Market
Tuesday 2 2 2 2
Alameda Farmers' Market Saturday 2 2 2 2
Tuesday 2 2 2 2
Alum Rock Village Farmers'
Market
Sunday 2 1 1 2
Belmont Farmers' Market Sunday 2 2 2 2
Berryessa Farmers' Market Saturday 2 1 1 2
Brentwood Farmers' Market Saturday 3 3 3 2
Castro Farmers' Market Wednesday 2 2 2 2
College of San Mateo
Farmers' Market
Saturday 3 3 3 2
Concord Farmers' Market Thursday 2 2 3 2
Tuesday 2 2 2 2
Creekside Farmers' Market Friday 2 1 1 2
Danville Farmers' Market Saturday 2 2 2 2
De Anza College Farmers
Market
Sunday 3 2 2 2
Divisadero Farmers' Market Sunday 2 2 2 2
Downtown Los Altos
Farmers' Market
Thursday 3 3 3 2
Downtown San Leandro
Farmers' Market
Wednesday 2 2 2 2
Dublin Farmers' Market Thursday 2 2 2 2
Evergreen Farmers' Market Sunday 3 2 2 2
Wednesday 2 1 1 2
Fillmore Farmers' Market Saturday 2 1 1 2
Inner Sunset Farmers'
Market
Sunday 2 2 2 2
Irvington Farmers' Market Sunday 3 2 2 2
Kaiser Permanente Antioch
Farmers Market
Thursday 1 1 1 1

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42 Market Day Agricultural NonAgricultural,
Pre-Packaged
NonAgricultural, OnSite ProcessingArtisan
Kaiser Permanente Dublin
Farmers’ Market
Tuesday 1 1 1 1
Kaiser Permanente Santa
Clara Farmers’ Market
Friday 1 1 1 1
Kaiser Permanente San Jose Tuesday 1 1 1 1
Martinez Farmers' Market Sunday 3 3 3 2
Milpitas Farmers' Market Sunday 3 2 2 2
Pinole Farmers' Market Saturday 2 2 2 2
Pleasanton Farmers'
Market
Saturday 3 3 3 2
Santa Teresa Farmers’
Market
Saturday 2 2 2 2
Union City Farmers' Market Saturday 2 1 2 2
Vallejo Farmers' Market Saturday 3 2 3 2
VA Palo Alto Farmers'
Market
Wednesday 1 1 1 1

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43 Exhibit I
Participant Stall and Selling Space Diagram
Example 1: 3 x 2 Configuration
Other
Participant
or
Walkway
Stall Space Stall Space Stall Space
Other
Participant
or
Walkway
Other
Participant
or
Walkway
Contiguous
Stall Space
Behind
Contiguous
Stall Space
Behind
Contiguous
Stall Space
Behind
Other
Participant
or
Walkway
Example 2: 3 x 1 Configuration
Other
Participant
or
Walkway t
Stall
Space
Stall
Space
Stall
Space
Other
Participant
or
Walkway
Other
Participant
or
Walkway
Back
Stock
Behind
Back
Stock
Behind
Back
Stock
Behind
Other
Participant
or
Walkway
Explanation
As set forth in Sections 7.6 and 8.3, all stalls are generally 10 feet by 10 feet (100 square feet). Participants are charged for stall spaces that are a part of the Selling Space where products are offered for sale, that customers occupy when selecting or purchasing products, or where samples are offered to customers. Stalls do not need to be covered to be considered part of the Selling Space of a Participant.

Participants may have no more than three contiguous stall spaces along the customer walkway (light gray above in Examples 1 and 2). With the permission of the Market Manager, a Participant may also have up to three stall spaces behind (dark gray above in Example 1 and black above in Example 2) if the Participant has no more than three contiguous stall spaces along the customer walkway. If the stall spaces behind (dark gray above in Example 1) includes product for sale or a space where transactions occur, such as a table with scale or cash box, then the area would be considered part of the Selling Space. In no case may a Participant occupy more than a total of 6 spaces or 600 square feet of Selling Space.

Stall spaces that store back stock but are not accessible to customers, would not be considered part of the Selling Space (black above in Example 2).
“Other Participant” spaces (white above in Examples 1 and 2) indicate another Participant’s stall space.

Customer Walkway
10 feet
10 feet
10 feet
10 feet

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44 Exhibit J
Signage and Labeling Definitions
PCFMA requires Participants to use the following definitions in signage and labeling at Markets:

1. Cage-Free: Eggs or meat from birds that were allowed to roam inside a henhouse or other facility. “Cage free” does not require that the birds be permitted to leave the henhouse or other facility.

2. Free Range: Eggs or meat from birds from birds that were allowed access to the outside.

3. Grass Fed: A meat product from an animal (beef, sheep, bison, or goat) that has been fed nothing but grass from weaning to harvest.

4. Heirloom: An open-pollinated cultivar that existed prior to 1951. No commercial hybrids or genetically-modified organisms may be labeled as “heirlooms”.

5. Naturally-Grown/Natural: Meat and poultry products that are minimally processed and contain no artificial ingredients including artificial colors, flavors, or preservatives; or agricultural products cultivated without any artificial products (i.e. artificial fertilizers or pesticides).

6. Pastured: Eggs or meat from birds that were never restricted in cages and were allowed to roam outside for at least half of the daylight hours each day.

7. Transitional: Farm or producer using organic farming methods during the 3-year period required for organic certification.

8. Tree-ripened: An agricultural product allowed to ripen fully on the tree before picking, excluding any product subject to artificial methods to induce ripening.

9. Vine-ripened: Any agricultural product allowed to ripen fully on the vine or plant before picking, excluding any product subject to artificial methods to induce ripening.

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45 Exhibit K
Additional Sampling Requirements
Participants who are sampling products offered for sale must comply with all requirements below. Failure to adhere to state laws and regulations concerning safe sampling or these requirements may result in Participant losing the right to sample or other penalties for violations of the PCFMA Rules and Regulations as listed in Section 17.

Participants must:

1. Setup a sample preparation center and utensil cleaning station in accordance with state and local regulations, including a hand washing station, before preparing any samples.

2. Wash their hands using an approved wash station before preparing samples.

3. Wash and clean all produce intended for sampling.

4. Distribute samples in a manner that precludes the possibility of a consumer touching the remaining samples.

5. Ensure that samples are secure and cannot be accessed by customers when not actively providing samples to customers.

6. Use toothpicks, tongs or disposable utensils to distribute the samples.

7. Keep samples in clean, non-absorbent covered containers.

8. Ensure any trimming of produce or preparation of produce for sampling be done so that trimmings fall into a waste container.

9. Prepare all samples in an area where a tarp or similar protective barrier is placed between the work area or waste container and the ground, and prepare all samples under a tent, canopy, or other overhead covering.

10. Dispose of pits, peels, and rubbish in leak-proof garbage receptacles with close-fitting lids.

11. Use clean, disposable plastic gloves when preparing product for samples.

12. Wash and sanitize utensils and cutting surfaces.

13. Ensure cutting surfaces are smooth, non-absorbent, and easily cleanable.

14. Provide a trash receptacle for public use.

15. Distribute samples only within the Participant’s assigned selling area, except as specifically authorized by the Market Manager.

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46 Exhibit L
Financial Dispute Resolution
PCFMA’s financial dispute resolution policy applies to disputes regarding the amount due from participants, paid by participants, due from PCFMA, or paid by PCFMA. It does not apply to disputes over fines or penalties, other than whether or not the fines and penalties have been paid. Appeals of disciplinary actions, including the appropriateness of a fine or penalty are covered by section 17.11.

Participants should inform PCFMA in writing of a financial dispute within 10 days of receipt of a check, electronic payment, or invoice they wish to dispute. Participants are encouraged to submit copies of financial records such as receipts, checks, invoices or other documentation that explain the dispute. Participants should not send original copies of financial documents.

PCFMA will respond to financial disputes from participants within 10 days.

Generally, amounts due from participants are considered late at 30 days. Time after a financial dispute has been filed and while a dispute in under investigation will not count towards this 30-day period.

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CITY COUNCIL AGENDA ITEM NO. H.3
04/08/2025
SUBJECT: Receive, discuss and provide direction to City Staff on Radiant Convergence, Public Art Spaces Capital Improvement Program (CIP) Project #337-37244, including potentially approving Amendment No. 2 for Public Art Spaces “Radiant Convergence” Agreement with Motivated Metal
DEPARTMENT: Parks and Recreation
STAFF: Darin Gale, Interim Parks & Recreation Director
Thien Nguyen, Recreation Manager

TITLE/RECOMMENDATION
Receive, discuss and provide direction to City Staff on Radiant Convergence, Public Art Spaces Capital Improvement Program (CIP) Project #337-37244.

Actual installation construction costs, estimated up to $220,000, will be brought forward for approval at a future City Council meeting.

FISCAL IMPACT
The Public Art Spaces Project is included in the City’s adopted 2024/25 – 2028/29 Capital Improvement Program (CIP). The CIP Project budget was created to fund the installation of three or more art monuments at select locations throughout the City with a current total budget of $786,383 (see attachment 8 Amended CIP Sheet:

Project 337-37244). Radiant Convergence (attachment 9) is the second of the projects included in this CIP Project. Funding for this Project is provided by the Public Art Acquisition and Public Art Administration Funds.

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CITY COUNCIL AGENDA ITEM NO. H.3
04/08/2025
If Amendment No. 2 to the Agreement for Artist Services with Motivated Metal is approved, the artist’s compensation will increase by $5,000. There is sufficient budget in the Public Art Spaces Project for this amendment.

If the City Council gives direction to accept staff’s recommendation to take financial responsibility for the installation construction contract for this project, the cost is estimated to be up to an additional $220,000. There is sufficient budget in the Public Art Spaces Project to cover the estimated installation costs. The final costs associated with any installation construction contract would be brought forward for the City Council’s consideration with the award of the contract.

The table below summarizes the history of the Radiant Convergence project budget, as well an estimate of anticipated construction costs of the project:
* Contract amendment #1 was for the change of location only. ** This updated estimate is the Engineer’s estimate with further details in Attachment #7

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

Original Contract Contract
Amendment #2*
Artist Contract Amount $ 175,000 $ 180,000
Contingency $ 17,500 $ 17,500
Subtotal 192,500 197,500
Contractor Installation and
Contingency Cost - $ 220,000 **
Grand Total including both
contingency & installation $ 192,500 $ 417,500
Radiant Convergence Cost Summary

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CITY COUNCIL AGENDA ITEM NO. H.3
04/08/2025
Following a national call for artists in 2017, a piece entitled “Radiant Convergence”, created by artist Seth Emerson Palmiter of Motivated Metal, was one of the submissions that was recommended by the Arts Commission and approved by the City Council. The project has endured a range of challenges and delays since it was approved.

As currently designed, the monument is 57 feet long, 12 feet wide, and 20 feet high. “Radiant Convergence”, though modern in its articulated geometries, is also grounded in form and inspiration relevant to Brentwood history and regional icons.

Examples of this are Mount Diablo, farming and irrigation systems, and prominent local architecture. Care has been taken to include representational icons that are rooted in Brentwood’s visual vocabulary, to ensure the art is enjoyed by a broad audience. “Radiant Convergence” will be located in the Sand Creek Road median, east of Highway 4.

Both Public Art Space projects, “Fields of Time” on Brentwood Boulevard and “Radiant Convergence” in the Sand Creek median, have experienced many unforeseen challenges and delays as previously outlined (see Attachment 4 Artist’s Narrative for Project History and Attachment 6 City Project Delays and Rising Costs). While unforeseen and unintentional, these complications collectively have coalesced bringing this project to the point where it is today. Costs of the project have risen (see Attachment 5 Artist’s Rising Budget Details) and the current compensation in the agreement with the artist is insufficient to complete the project.

City staff and Motivated Metal have found a path forward to complete this project.

City staff recommends amending the artist agreement and increasing the compensation to Motivated Metal to complete the artwork for this project.

Additionally, City staff is recommending separating out the construction components of the project, and having the City take on these responsibilities by having the City publicly bid the construction of the artwork and pay the construction contractor to install the artwork, in consultation with Motivated Metal.

A draft of the amendment to the Agreement is attached (Attachment 3). Highlights of the changes include:
- A change in the overall compensation to Motivated Metal for the Project to cover increased costs.
- The City’s assumption of responsibility for the installation of the monument, following delivery of the monument’s parts by Motivated Metal. - An updated payment schedule, including key milestones for the Project.

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Brentwood City CouncilApril 8, 2025

Brentwood City Council
April 8, 2025