APRIL 22, 2025, 7:00 PM
CITY COUNCIL/SUCCESSOR AGENCY AGENDA
CITY COUNCIL CHAMBERS, 150 CITY PARK WAY
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* City Council Members will be participating from the Council Chamber. Members of the public are invited to attend and participate at: the Council Chambers, 150 City Park Way, Brentwood CA As a courtesy and technology permitting, members of the public may provide remote public comment during public hearings and on business items via the City’s Zoom Platform. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue. In addition, the Zoom participation option is provided to the public as a courtesy in order to facilitate participation. If Zoom participation is not enabled, the meeting will continue with public attendance in person only. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.
HOW PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:
1. IN PERSON:
a. Members of the public can provide in-person comments in the Council Chambers.
Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chambers will have seating available for members of the public to attend in person up to full seating capacity.
2. REMOTE (if enabled): Remarks by members of the public participating via Zoom are limited to speaking on items listed under public hearings; business items; and requests for future agendas items, existing requests. Zoom participation during the general public comment period will not be accepted, except in the event a City Council Member is participating remotely under the provisions of Government Code § 54953 (f). a. Zoom: www.brentwoodca.gov/vcc or Zoom Webinar ID: 760 1397 0037 b. Zoom Phone Numbers. Dial Toll Free: (833) 548-0276 or (833) 548-0282 or (877) 853-5247.
c. During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. (If you need instructions on how to use this feature, please contact the City Clerk by noon of the meeting date at [email protected] or 925.516.5182.)
3. E-MAIL
a. Public comments can also be submitted via e-mail to [email protected].
Any public comments received up until 3:00 p.m. of the meeting date will be:
1. distributed to the Council via email before the meeting,
2. posted online for public inspection at www.brentwoodca.gov/meetings and
3. later summarized in the meeting minutes.
b. As e-mails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your e-mail.
4. TO WATCH OR LISTEN ONLY:
a. The public may view the meeting via one-way video feed by selecting the video option at the City Council Agendas’ link on the City webpage at www.brentwoodca.gov or via the City’s YouTube Channel: https://www.youtube.com/c/cityofbrentwoodca
CITY COUNCIL/SUCCESSOR AGENCY AGENDA
Zoom Webinar ID: 760 1397 0037
April 22, 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. PRESENTATIONS
C.1 Recognition of Outgoing City Manager Tim Ogden
D. PUBLIC COMMENTS
Pursuant to Council/Administrative Policy, Meeting Rules and Procedures section 5.2 (Decorum Generally – Public), comments by members of the public are generally limited to five minutes, or less time if a large number of speakers is anticipated, or if approved by the Mayor. Speakers desiring answers to questions should direct them to the Council/Successor Agency and, if relevant, they may direct them to the appropriate staff member. Speakers can also follow up directly with staff during regular City business hours.
Please file a speaker’s card with the City Clerk on the form provided on the counter at the back of the Chambers.
During this portion of the meeting those present in the Council Chambers are permitted to speak on items that are listed under 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.
E. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS, AND STAFF This portion of the agenda is to provide an opportunity for Council Members to report on attendance at events, subcommittee meetings, and entities on which the Council Member has been appointed as a liaison and for staff to provide brief updates and/or information to the City Council.
F. CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by one motion. If discussion is required, that particular item will be removed from the consent calendar and will be considered separately.
F.1 Meeting Minutes of April 8, 2025
Special City Council Meeting of April 8, 2025
F.2 A Proclamation recognizing April 2025 as American Muslim Appreciation and Awareness Month
F.3 A Proclamation recognizing April 22, 2025 as Youth in Government Day F.4 A Proclamation recognizing April 25, 2025 as Arbor Day F.5 A Proclamation recognizing April 25, 2025 as Parental Alienation Awareness Day F.6 A Proclamation recognizing May 2025 as Asian American and Pacific Islanders Heritage Month
F.7 A Proclamation recognizing May 2025 as Building Safety Month F.8 A Proclamation recognizing May 2025 as Jewish American Heritage Month F.9 A Proclamation recognizing May 2025 as National Historic Preservation Month F.10 A Proclamation recognizing May 2025 as National Water Safety Month F.11 A Proclamation recognizing May 2025 as Older Americans Month F.12 A Proclamation recognizing May 2025 as Water Awareness Month F.13 A Proclamation recognizing May 1, 2025 as National Day of Prayer F.14 A Proclamation recognizing May 5 through May 11, 2025 as National Teacher Appreciation Week
F.15 A Proclamation recognizing May 5 through May 11, 2025 as Municipal Clerks Week F.16 A Proclamation recognizing May 6, 2025 as National Nurses Day F.17 A Proclamation recognizing May 11 through May 17, 2025 as Armed Forces Week F.18 A Proclamation recognizing May 11 through May 17, 2025 as National Police Week F.19 A Proclamation recognizing May 13 through May 17, 2025 as Bike to Work Week F.20 Waive the second reading and adopt an ordinance amending Section 8.36.035 (Weed Abatement) of the Brentwood Municipal Code
Title/Recommendation
Waive the second reading and adopt Ordinance No. 1085 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.
F.21 Approve the recommendation of the Park and Recreation Commission to assign park names to Parcel ‘B’ and Parcel ’D’ for the Hanson Lane Subdivision 9574 Title/Recommendation
Adopt a Resolution approving the recommendation of the Parks and Recreation Commission to assign the name ‘Salmon Park’ to park Parcel ‘B’ and ‘Hanson Park’ to park Parcel ‘D’.
F.22 Brentwood Police Department's 2024 Military Equipment Annual Report Title/Recommendation
A Resolution (1) accepting the 2024 Military Equipment Annual Report; (2) determining that the Brentwood Police Department’s (BPD’s) use of Military Equipment in 2024 complied with the Departments’ funding, acquisition and use policy (BPD Policy 708 (Policy 708)) and applicable State Laws; (3) renewing Ordinance No. 1037, thereby determining that Policy 708 shall be continued without change; and (4) approving the BPD’s purchase of military equipment to preserve life and enhance the safety of citizens and officers.
F.23 Approve Amendments to the Flag Policy to Display Flags Prominently for Public Visibility Title/Recommendation
Adopt a Resolution Amending the Flag Policy to display flags prominently for public visibility without obstructions.
F.24 Waive the second reading and adopt an ordinance to amend Brentwood Municipal Code Chapter 7.02 to address camping on City property
Title/Recommendation
Waive second reading and adopt Ordinance No. 1086 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.
G. BUSINESS ITEMS
Persons addressing the City Council using Zoom are asked to raise their hands using the Zoom feature. Those attending in person and wishing to address the Council may do so from the podium. The Council may adopt reasonable regulations at the onset of each business item to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the item shall follow the protocol for Public Comments. Public comment on each of the following items is limited to what is described in the specific agenda item.
G.1 Approve and Authorize the City Manager to execute a successor Memorandum of Understanding between the City of Brentwood and the Brentwood Employees Association Public Works Division for the period of July 1, 2024 through June 30, 2027 Title/Recommendation
Adopt a Resolution: 1) Approving and Authorizing the City Manager to execute a successor Memorandum of Understanding (MOU) between the City of Brentwood and Brentwood Employees Association Public Works Division for the period of July 1, 2024 through June 30, 2027; 2) Approving the Pay Schedule in accordance with 2 California Code of Regulations Section 570.5 and Authorizing the Director of Human Resources/Risk Manager to make ministerial revisions to the Pay Schedule to reflect the changes; and 3) Adopting Appropriations Amendments to the 2024/25 -2025/26 Operating Budget.
G.2 A Resolution Appointing Darin Gale as Interim City Manager Title/Recommendation
Adopt a Resolution Appointing Darin Gale as Interim City Manager.
H. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Members wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for the next Council meeting
I. 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 17, 2025, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov
A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov
1 SPECIAL CITY COUNCIL MINUTES
April 8, 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, Pierson, Mendoza, Oerlemans, and Mayor Meyer.
B. PLEDGE OF ALLEGIANCE
Mayor Meyer led the Pledge of Allegiance.
C. PUBLIC COMMENTS
Mayor Meyer opened public comments.
Danny Dohrmann spoke in support of having the Council appoint Darin Gale as the Interim City Manager.
There being no additional speakers, Mayor Meyer closed public comments.
D. RECESS TO CLOSED SESSION
It was moved/seconded by Vice Mayor Pierson/Council Member Maloney to recess into Closed Session at 5:33 p.m.
E. BUSINESS ITEMS
E.1 CONFERENCE WITH LABOR NEGOTIATORS
E.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
F. RECONVENE IN OPEN SESSION
City Council reconvened into Open Session at 7:17 p.m. and reported their decision to offer the position of Interim City Manager to Assistant City Manager, Darin Gale with the item to be formally considered at the City Council/Successor Agency Meeting scheduled for April 22, 2025.
G. ADJOURNMENT
It was moved/seconded by Council Member Mendoza/Vice Mayor Pierson to adjourn at 7:18 p.m.
PROCLAMATION
WHEREAS, the City of Brentwood recognizes and honors the rich cultural, religious, and historical contributions of American Muslims to our community, state, and nation; and
WHEREAS, American Muslims represent a diverse and vibrant community whose members have contributed to the fabric of our society through service, entrepreneurship, education, arts, public service, and more; and
WHEREAS, the theme "Unity in Diversity" highlights the strength we find in embracing and celebrating our differences while working together toward common goals; and
WHEREAS, fostering understanding and inclusion of all cultural and faith groups strengthens civic engagement, promotes respect, and uplifts the spirit of unity throughout our city; and
WHEREAS, the City of Brentwood is committed to recognizing the value of all its residents and promoting awareness that combats discrimination and builds a more inclusive and equitable community.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes April 2025 as
AMERICAN MUSLIM APPRECIATION AND
AWARENESS MONTH
and the City of Brentwood encourages all residents to reflect on the theme of “Unity in Diversity” and celebrate the many contributions of American Muslims in our community.
Dated this 22nd day of April, 2025
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, the City of Brentwood, the Brentwood Lions
Club and Heritage and Liberty High Schools have collaborated for over fifteen years to offer the Youth in Government Program to local high school seniors; and
WHEREAS, it is important for the youth of the Brentwood community to be exposed to the function and necessity of city government and its individual departments; and
WHEREAS, participants in the Youth in Government
program experience democracy in action; and
WHEREAS, students are encouraged to take an interest in their community and develop the future leaders of the community; and
WHEREAS, the City of Brentwood deems it important to
recognize and honor those participating in the 2025 Youth in Government program.
NOW, THEREFORE, BE IT PROCLAIMED that the City
Council of the City of Brentwood does hereby recognize April 22, 2025 as
YOUTH IN GOVERNMENT DAY
Dated this 22nd day of April, 2025
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees; and
WHEREAS, Arbor Day is now observed throughout the nation and the world; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, and fuel for our fires; and
WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal;
WHEREAS, the City of Brentwood will celebrate Arbor Day on Saturday, April 26, 2025 from 9am through noon at McClarren Park to plant trees and spread mulch.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes April 25, 2025 as
ARBOR DAY
and the City of Brentwood encourages all residents to celebrate and support efforts to protect our trees and woodlands in our community.
Dated this 22nd day of April, 2025
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, the City of Brentwood recognizes the importance of fostering healthy relationships between children and both parents, promoting the well-being and emotional development of every child within our community; and
WHEREAS, parental alienation is a harmful form of emotional manipulation that undermines the bond between children and one of their parents, often leading to long-lasting psychological consequences for the child; and
WHEREAS, awareness of parental alienation empowers families, educators, and the broader community to recognize its signs, address its effects, and prevent its occurrence; and
WHEREAS, the City of Brentwood supports efforts to educate the public, encourage healthy co-parenting relationships, and promote effective dispute resolution to help families navigate difficult circumstances; and WHEREAS, the observance of Parental Alienation Awareness Day helps raise awareness about the devastating effects of alienation and supports the movement to protect the best interests of children and promote family unity.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes April 25, 2025 as
PARENTAL ALIENATION AWARENESS DAY
and the City of Brentwood encourages all residents to learn more about this issue and work together to ensure the well-being of our children.
Dated this 22nd day of April, 2025
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, Asian American and Pacific Islander (AAPI) Heritage Month is a time to recognize and celebrate the rich cultural heritage, significant contributions, and lasting impact of the AAPI community in the United States; and
WHEREAS, the 2025 theme, “A Legacy of Leadership and Resilience,” honors the generations of AAPI individuals who have led with courage, contributed across all sectors of society, and shown remarkable perseverance in the face of adversity; and
WHEREAS, AAPI individuals have played a vital role in shaping the history and growth of California, including right here in Brentwood, through entrepreneurship, civic engagement, education, healthcare, the arts, and public service; and
WHEREAS, the City of Brentwood values the diversity of its residents and acknowledges the importance of inclusion, representation, and equity for all communities, including those of AAPI heritage; and
WHEREAS, by celebrating AAPI Heritage Month, we uplift the stories and accomplishments of our neighbors and reaffirm our commitment to fostering unity, understanding, and respect among all people.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes May 2025 as
ASIAN AMERICAN AND
PACIFIC ISLANDER HERITAGE MONTH
and the City of Brentwood encourages all residents to join in honoring the legacy, leadership, and resilience of the AAPI community.
Dated this 22nd day of April, 2025
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, the City of Brentwood is committed to recognizing that our growth and strength depend on the safety and resilience of our homes, buildings, and infrastructure; and
WHEREAS, Building Safety Month, coordinated by the International Code Council, celebrates its 45th anniversary in 2025 with the theme “Game On!”, encouraging communities to get in the game to support building safety, sustainability, and innovation; and
WHEREAS, our building safety professionals, including inspectors, code officials, engineers, and first responders, play a vital role in maintaining the safety and well-being of residents through the consistent application of building codes and standards; and
WHEREAS, investing in safe and sustainable structures protects lives, reduces recovery time after disasters, and contributes to the long-term health of our city; and
WHEREAS, Brentwood residents, businesses, and civic leaders are encouraged to participate in Building Safety Month activities to raise awareness and promote community engagement around the importance of building safety.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes May 2025 as
BUILDING SAFETY MONTH
and the City of Brentwood encourages all residents to join in recognizing the importance of building safety and the role it plays in creating a stronger, more resilient community.
Dated this 22nd day of April, 2025
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, Jewish American Heritage Month recognizes and
celebrates the rich history, culture, and contributions of Jewish Americans to our nation and to our local communities, including here in the City of Brentwood; and
WHEREAS, for generations, Jewish Americans have contributed to the advancement of science, medicine, art, civil rights, business, education, and public service, shaping the fabric of our society; and
WHEREAS, Jewish Americans have shown unwavering resilience and perseverance in the face of adversity, including discrimination and antisemitism, and continue to champion the values of justice, equality, and community; and
WHEREAS, Brentwood is proud to be a diverse and inclusive city, where the stories, faith traditions, and legacies of all communities, including our Jewish neighbors, are valued and honored; and
WHEREAS, May offers an opportunity to deepen our understanding of Jewish American history and to recommit ourselves to combating antisemitism and all forms of hate.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes May 2025 as
JEWISH AMERICAN HERITAGE MONTH
and the City of Brentwood encourages all residents to learn more about the Jewish American experience and celebrate the contributions that continue to enrich our city, state, and nation.
Dated this 22nd day of April, 2025
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, historic preservation is an essential part of maintaining the cultural identity, character, and heritage of the City of Brentwood, enriching the lives of residents and visitors alike; and WHEREAS, the 2025 theme of National Historic Preservation Month, “Preserve the Past, Shape the Future: Inspiring the Next Generation,” highlights the importance of engaging youth and fostering stewardship to ensure the protection of our shared history for years to come; and WHEREAS, Brentwood is home to historic landmarks, stories, and traditions that reflect the diverse experiences and contributions of those who have shaped our community over generations; and
WHEREAS, preservation efforts support sustainable growth, enhance community pride, and contribute to education, tourism, and economic vitality; and
WHEREAS, it is vital to encourage all residents—especially the next generation—to explore, honor, and protect the cultural and historical resources that define our unique community.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes May 2025 as
NATIONAL HISTORIC PRESERVATION MONTH
and the City of Brentwood encourages all residents to celebrate our heritage and join in efforts to preserve the historic places that tell our stories and shape our future.
Dated this 22
nd day of April, 2025
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, the City of Brentwood recognizes the vital role that swimming and aquatic-related activities relate to good physical and mental health and enhance the quality of life for all people; and
WHEREAS, the City of Brentwood understands the essential role that education regarding the topic of water safety plays in preventing drowning and recreational water-related injuries; and
WHEREAS, the City of Brentwood is aware of the contributions made by the recreational water industry, as represented by the Association of Pool & Spa Professionals, the National Recreation & Park Association and the World Waterpark Association in developing safe swimming facilities, aquatic programs, home pools and spas, and related activities providing healthy places to recreate, learn and grow, build self-esteem, confidence and sense of self-worth which contributes to the quality of life in our community; and
WHEREAS, the City of Brentwood recognizes the ongoing efforts and commitments to educate the public on pool and spa safety issues and initiatives by the pool, spa, waterpark, recreation and parks industries; and WHEREAS, the City of Brentwood understands the vital importance of communicating Water Safety rules and programs to families and individuals of all ages, whether owners of private pools, users of public swimming facilities, or visitors to waterparks; and
WHEREAS, the City of Brentwood has taken a pro-active stance in support of statewide and national efforts in water safety awareness and aquatic education programs by its inclusion in Council/Administrative Policy 90-3, (Wellness Policy) Section IV.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes May 2025 as
NATIONAL WATER SAFETY MONTH
and the City of Brentwood encourages all residents to participate in efforts to reduce drowning risk by preparing themselves and their families in the proper water safety response procedures that help to protect and save lives.
Dated this 22nd day of April, 2025
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, the City of Brentwood recognizes the countless contributions that older adults make to our community as family members, mentors, volunteers, leaders, and workers; and
WHEREAS, the 2025 Older Americans Month theme, “Flip the Script on Aging,” invites us to challenge outdated narratives and celebrate the diverse experiences, strengths, and perspectives that older adults bring to our lives; and WHEREAS, older residents of Brentwood enrich our city through civic engagement, cultural traditions, and economic contributions, helping to shape a more vibrant and inclusive future for all; and
WHEREAS, ageism and stereotypes limit opportunities for older adults and diminish the value of lifelong potential and experience; and WHEREAS, by fostering intergenerational connections and promoting positive views of aging, we empower all residents to live with purpose, dignity, and independence throughout their lives.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes May 2025 as
OLDER AMERICANS MONTH
and the City of Brentwood encourages all residents to join in recognizing the vital role of older adults in our community and to “Flip the Script on Aging” by celebrating aging as a time of continued growth, resilience, and meaningful contribution.
Dated this 22nd day of April, 2025
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, water is one of our most precious natural resources, essential for life, public health, agriculture, industry, and ecosystems; and WHEREAS, glaciers serve as natural freshwater reservoirs, feeding rivers and aquifers that support millions of people and ecosystems around the world; and
WHEREAS, climate change and rising global temperatures are causing accelerated glacier melt, threatening long-term water supplies and increasing the risk of natural disasters; and
WHEREAS, raising awareness of glacier preservation helps foster greater understanding of the interconnectedness of global water systems and the need for conservation at local, national, and international levels; and WHEREAS, the City of Brentwood is committed to environmental stewardship and supports initiatives that promote sustainable water use and global water security.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes May 2025 as
WATER AWARENESS MONTH
and the City of Brentwood encourages all residents, schools, businesses, and community organizations to learn about glacier preservation, practice water conservation, and support efforts to protect our planet’s water resources for future generations.
Dated this 22nd day of April, 2025
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, the National Day of Prayer has been a tradition in our nation since 1952, calling people of all faiths to unite in prayer and reflection for our communities, our leaders, and our nation; and
WHEREAS, prayer is a powerful expression of hope, compassion, and unity that transcends differences and fosters peace, understanding, and strength in our shared humanity; and
WHEREAS, this year’s theme, “Pour Out to the God of Hope and Be Filled!” (Romans 15:13), calls on individuals to open their hearts in prayer, trusting in a hope that renews and restores; and
WHEREAS, in times of challenge and in seasons of abundance, the act of coming together in prayer inspires courage, uplifts spirits, and reaffirms the values of service, kindness, and resilience; and
WHEREAS, the City of Brentwood recognizes the importance of setting aside time for prayer and spiritual reflection as a source of encouragement and unity for all who call this community home.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes Thursday, May 1, 2025 as
NATIONAL DAY OF PRAYER
and the City of Brentwood encourages all residents to observe this day in a manner that is meaningful to them—lifting their hearts and voices in hope, reflection, and prayer for our city, our state, and our nation.
Dated this 22nd day of April, 2025
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, teachers play a vital role in shaping the minds and futures of our youth, nurturing curiosity, resilience, and a lifelong love of learning; and WHEREAS, the dedication and passion of educators in Brentwood inspire excellence both in and out of the classroom; and WHEREAS, teachers have continued to adapt, innovate, and lead with compassion through ever-evolving challenges in education; and WHEREAS, our community recognizes that the success of our students and the strength of our city depend on the quality and commitment of our educators; and
WHEREAS, National Teacher Appreciation Week serves as an opportunity for us all to honor, thank, and celebrate the extraordinary contributions of teachers past and present.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes May 5–11, 2025 as
NATIONAL TEACHER APPRECIATION WEEK
and the City of Brentwood encourages all residents all residents to recognize and show gratitude to our educators for their unwavering service and lasting impact.
Dated this 22nd day of April, 2025
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, the Office of the Municipal Clerk is a vital part of local government, serving as a link between citizens, the City Council, and city departments; and
WHEREAS, Municipal Clerks safeguard the public record, ensure transparent governance, and manage the democratic process of elections with integrity; and
WHEREAS, their dedication to service, accuracy, and accessibility contributes significantly to the efficiency of municipal operations; and WHEREAS, Municipal Clerks continually strive for excellence through continued education, professional development, and a commitment to ethical standards; and
WHEREAS, it is fitting to recognize the essential role they play in our community and express appreciation for their unwavering service.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes May 5 through May 11, 2025 as
MUNICIPAL CLERKS WEEK
and the City of Brentwood encourages all residents to join us in extending a heartfelt thanks to our City Clerk, Amanda McVey and all Municipal Clerks for their outstanding service to our city and its residents.
Dated this 22nd day of April, 2025
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, nurses are the backbone of our healthcare system, providing compassionate, skilled, and tireless care in times of both personal and public health crises; and
WHEREAS, the 2025 theme, "Caring for Nurses Strengthens Economies," recognizes the essential role nurses play not only in promoting public health but in supporting resilient, thriving communities; and WHEREAS, the demand for nursing services continues to grow, and investing in nurses’ well-being, education, and professional development directly strengthens the quality of care and the economic stability of our city and beyond; and
WHEREAS, the City of Brentwood acknowledges and honors the dedication, perseverance, and sacrifice of nurses who serve in hospitals, clinics, schools, homes, and other care settings throughout our community; and WHEREAS, National Nurses Day serves as an opportunity for all citizens to express gratitude and appreciation for nurses and to support efforts that enhance the nursing profession and healthcare systems.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes May 6, 2025 as
NATIONAL NURSES DAY
and the City of Brentwood encourages all residents to join in celebrating the invaluable contributions of nurses to the health and prosperity of our community.
Dated this 22nd day of April, 2025
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, the United States Armed Forces have steadfastly defended our nation’s values, security, and freedoms with courage and sacrifice throughout history; and
WHEREAS, members of the Army, Navy, Air Force, Marine Corps, Coast Guard, and Space Force serve with honor both at home and abroad, representing the very best of American resilience and commitment; and WHEREAS, Armed Forces Week offers all citizens an opportunity to express profound gratitude to those who serve, have served, and continue to protect our way of life; and
WHEREAS, the 2025 theme, “Forward with Strength,” honors the unwavering determination and future-focused readiness of our military men and women; and
WHEREAS, the City of Brentwood proudly stands in support of our service members, veterans, and their families, recognizing their invaluable contributions to our community and country.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes the week of May 11 through May 17, 2025 as
ARMED FORCES WEEK
and the City of Brentwood encourages all residents to join us in honoring our Armed Forces, past and present, as we move Forward with Strength.
Dated this 22nd day of April, 2025
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, National Police Week is a time to honor and recognize the brave men and women of law enforcement who serve our communities with courage, dedication, and integrity; and
WHEREAS, the theme for National Police Week 2025, "Committed to Serve Together," highlights the importance of unity, collaboration, and teamwork among law enforcement officers, first responders, and the communities they serve; and
WHEREAS, the City of Brentwood is proud of the unwavering commitment demonstrated by our police department to protect and serve our residents, ensuring safety and well-being throughout our city; and WHEREAS, we acknowledge the sacrifices made by law enforcement officers, often placing themselves in harm's way to ensure justice, peace, and security for all; and
WHEREAS, we encourage all citizens of Brentwood to take this opportunity to express gratitude to our law enforcement officers and work together to build a stronger, more united community.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes May 11 through May 17, 2025 as
NATIONAL POLICE WEEK
and the City of Brentwood encourages all residents to participate in honoring the service and sacrifices of our local law enforcement officers.
Dated this 22nd day of April, 2025
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, the City of Brentwood recognizes that bicycling is a viable and environmentally sound form of transportation that contributes to the health and well-being of its residents; and
WHEREAS, Bike to Work Week promotes the many benefits of cycling, including improved physical health, reduced traffic congestion, and decreased air pollution; and
WHEREAS, encouraging more residents to bike to work supports the City’s goals of sustainability, livability, and reducing our carbon footprint; and WHEREAS, this week offers an opportunity to celebrate Brentwood’s growing network of bike paths and trails, and to raise awareness about bicycle safety and accessibility for all; and
WHEREAS, by choosing to cycle to work, individuals make a positive impact on their personal health and the health of the planet, fostering a cleaner, more active, and connected community.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes May 13–17, 2025 as
BIKE TO WORK WEEK
and the City of Brentwood encourages all residents to consider bicycling as a practical, healthy, and sustainable means of commuting and recreation.
Dated this 22nd day of April, 2025
Susannah Meyer, Mayor
CITY COUNCIL AGENDA ITEM NO. F.20
04/22/2025
SUBJECT: Waive the second reading and adopt an ordinance amending Section 8.36.035 (Weed Abatement) of the Brentwood Municipal Code
DEPARTMENT: Community Development
STAFF: Erik Nolthenius, Planning Manager
Kenneth Murphy, Chief Building Official
TITLE/RECOMMENDATION
Waive the second reading and adopt Ordinance No. 1085 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.
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
On April 22, 2025, the City Council held a public hearing to waive the first reading and introduce Ordinance No. 1085 that reflects the City’s ongoing effort to update the Brentwood Municipal Code (“BMC”) based on current conditions and needs. In
CITY COUNCIL AGENDA ITEM NO. F.20
04/22/2025
particular, the proposed amendments relate to Community Enrichment staff efforts in the area of weed abatement. No redline was 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.
CITY COUNCIL AGENDA ITEM NO. F.20
04/22/2025
This second reading (or waiver thereof) is the last step required by state law to formally adopt the Ordinance.
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
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 the ordinance.
2. Modify the ordinance 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
PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.
On February 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.
On April 8, 2025, the City Council introduced and waived the first reading an ordinance amending section 8.36.35 (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.
ORDINANCE NO. 1085
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:
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 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 8th day of April, 2025 by the following vote:
AYES: Maloney, Pierson, Mendoza, Oerlemans, Mayor Meyer NOES:
ABSENT:
RECUSE:
THIS ORDINANCE was adopted with the second reading waived at a regular meeting of the City Council of the City of Brentwood on the 22nd day of April, 2025 by the following vote:
82486.00059\43118561.1
EXHIBIT A
PROPOSED AMENDMENTS TO BMC SECTION 8.36.035
§ 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).
82486.00059\43118561.1
EXHIBIT A
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:
82486.00059\43118561.1
EXHIBIT A
(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.
82486.00059\43118561.1
EXHIBIT A
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
82486.00059\43118561.1
EXHIBIT A
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)
CITY COUNCIL AGENDA ITEM NO. F.21
04/22/2025
SUBJECT: Approve the recommendation of the Park and Recreation Commission to assign park names to Parcel ‘B’ and Parcel ’D’ for the Hanson Lane Subdivision 9574
DEPARTMENT: Parks and Recreation
STAFF: Darin Gale, Assistant City Manager, Interim Director of Parks and Recreation
Janice Ellis, Park Planner
TITLE/RECOMMENDATION
Adopt a Resolution approving the recommendation of the Park and Recreation Commission to assign the name ‘Salmon Park’ to park Parcel ‘B’ and ‘Hanson Park’ to park Parcel ‘D’.
FISCAL IMPACT
Not applicable
BACKGROUND
The City Council approved Council/Administrative Policy No. 50-1 addressing the Naming/Dedication of Public Facilities on July 17, 2001. It allows the Park and Recreation Commission to make recommendations to the City Council for the naming of City facilities (parks, open space, trails, recreation facilities, buildings, amenities, etc.), with final confirmation by the City Council, and provides the basic guidelines by which the names of City facilities are chosen.
Per the policy, facility names should be considered in a manner that provides easy and recognizable reference for the City’s residents and customers. Precedent should be given to geographical locations such as a specific place, major street, neighborhood or regional area of the City whenever possible, especially for major facilities, but references to local topographical or geological features, local flora or fauna, and local historical names may be considered and chosen where appropriate or where a theme can be meaningful.
CITY COUNCIL AGENDA ITEM NO. F.21
04/22/2025
The Ad-Hoc Committee considered several park names for these two new parks including: Holden Park, Lane Park, and Prewett Park, among others. Ultimately the park name chosen to bring forward to the full Commission for approval for park Parcel ‘B’ was Salmon Park due to its adjacency to the Marsh Creek, which is a priority habitat restoration area for salmon. The creek is home to the Chinook and Steelhead salmon and in 2010 a fish ladder was constructed to help salmon pass a 6-foot flood control structure. Hanson Park was the name chosen for park Parcel ‘D’ due to its geographical location to a major street in proximity of the subdivision development.
CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.
PREVIOUS ACTION
Not Applicable.
DATE OF NOTICE
Not Applicable.
ENVIRONMENTAL DETERMINATION
Not Applicable.
ALTERNATIVE OPTION(S)
1. Reject one or both park names and send the matter back to the Park and Recreation Commission for consideration of different names.
ATTACHMENT(S)
1. Resolution 2023-130
2. Policy No. 50-1 (‘Naming/Dedication of City Facilities’)
3. Hanson Lane Park Locations
COUNCIL/ADMINISTRATIVE POLICY
Subject: Policy No: 50-1 Date: July 17, 2001
Naming/Dedication of City Facilities Resolution No: Page 1 of 4
CITY OF BRENTWOOD
PURPOSE
To define the policies, responsibilities and procedures associated with the naming of City facilities.
DEFINITIONS
1. “Buildings” are City-owned facilities that house employees or are otherwise used to conduct City business. Buildings may include, but are not limited to, the Civic Center, City Council Chambers, and Police facility.
2. “Support Facilities” are City-owned facilities that are used to support field operations.
Support facilities may include, but are not limited to, the corporation yard and pump stations.
3. “Park Sites” are City-owned parks, open space, and trail areas. Park sites include developed and undeveloped park areas and designated open space areas.
4. “Recreation Facilities and Amenities” are facilities/amenities used primarily for recreation and leisure activities, including, but not limited to, athletic fields, tennis/basketball courts, recreation centers, gazebos and meeting rooms.
POLICY
1. General. The policy of the City is to name facilities in a manner that will provide an easy and recognizable reference for the City’s customers. Therefore, naming options will always consider a name based on the facility’s geographic location. However, the policy also established conditions for the consideration of naming options based on other factors.
2. Geographic Location. Whenever possible, all City facilities will be named for their geographic location. The geographic location many be based on the identification of the facility with a specific place, neighborhood, major street, regional area of the City or the City itself if the facility is deemed to serve the entire community.
3. Other Considerations. Consideration of names for facilities may also include a prominent form of topography, a prominent plant, bush or tree and historical precedent.
Dedications:
a. Facilities or portions thereof, may be dedicated in memory, or honor of, individuals, groups or organizations. Dedications are encouraged to be in the form of facility improvements or enhancements:
b. Dedication may be in recognition of an outstanding service, a donation or contribution to the facility or community.
c. Dedication may be in memory of someone who has contributed to the facility or community.
d. Any individual, family, group or organization sponsoring a dedication or memorial must provide sufficient funds to purchase, install, and maintain any plaque or other form of label associated with the recognition. The dedication or memorial may take the form of a ceremony or other testimonial in honor of the person or group in question. e. The City will make every effort to preserve any dedication plaque or other dedicated object.
If necessary, due to repair of surround areas, construction or redesign of a facility, the plaque or dedication object may be relocated. If the plaque or other dedication object cannot continue to be reasonably maintained or after a period of ten years, it may be removed by the City.
COUNCIL/ADMINISTRATIVE POLICY
Subject: Policy No: 50-1 Date: July 17, 2001
Naming/Dedication of City Facilities Resolution No: Page 2 of 4
CITY OF BRENTWOOD
f. If the dedication includes the gift or a tree or other plant the City will provide its regular standard of landscape care for the tree. If the tree does not survive, the City is not obligated to provide a replacement. If the dedication includes the gift of an object (e.g. bench, picnic table, play equipment), the City will provide its regular standard of care and maintenance for the object.
g. The City will not be responsible for upkeep, repair or replacement of any dedication or memorial plaque whose placement was not sponsored by the City. h. Dedication or memorial plaques may not be placed in or on City facilities without written City approval.
i. The Park and Recreation Commission will, on behalf of the City Council, oversee the provisions of this policy. The City Council will refer naming or dedications in public park, recreation and open space areas and facilities to the Commission for recommendation. j. The Park and Recreation Commission will initiate the naming of new facilities and their features. The City Council will be advised of dedications covered by this policy and asked to confirm facility names.
COUNCIL/ADMINISTRATIVE POLICY
Subject: Policy No: 50-1 Date: July 17, 2001
Naming/Dedication of City Facilities Resolution No: Page 3 of 4
CITY OF BRENTWOOD
CITY OF BRENTWOOD
NOMINATION FOR NAMING/DEDICATION OF FACILTIIES
DATE OF NOMINATION:
NOMINATOR:
ADDRESS:
PHONE:
RECOMMENDED NAME:
RECOMMENDED SITE:
IF A FAMILY MEMBER, WHAT IS THE RELATIONSHIP?
Please illustrate below the reasons for your nomination. Please be as complete as possible. Attach additional pages or supportive materials if needed to clarify the nomination.
Community-wide activities responsible for:
COUNCIL/ADMINISTRATIVE POLICY
Subject: Policy No: 50-1 Date: July 17, 2001
Naming/Dedication of City Facilities Resolution No: Page 4 of 4
CITY OF BRENTWOOD
Local clubs or organizations served:
School attended:
Major benefit(s) to the history of Brentwood:
Why are you nominating this person?
Submit form to: Park and Recreation Commission
City of Brentwood Parks and Recreation Department
708 Third Street
Brentwood, CA 94513
Phone: (925) 516-5444
RESOLUTION NO. 2023- 130
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING A VESTING TENTATIVE SUBDIVISION
MAP ( VTSM 9547) TO SUBDIVIDE ONE 19. 73 -ACRE PROPERTY TO 94 SINGLE- FAMILY RESIDENTIAL LOTS LOCATED AT 251
HANSON LANE ( APN 018- 231- 034- 3).
WHEREAS, MLC Holdings ( the " Applicant"), submitted an application to the City of Brentwood for certain permits and approvals, including a Vesting Tentative Subdivision Map ( VTSM 9547) and Design Review ( DR 21- 006), to develop its proposed Hanson Lane Project, a residential subdivision project proposed to be developed on a 19. 73 -acre site located south of Lone Tree Way and north of Hanson Lane ( the " Project Site," identified as APN 018- 231- 034- 3); and WHERAS, collectively, Vesting Tentative Subdivision Map ( VTSM 9547), which includes a request for a density bonus under the State Density Bonus Law, and Design Review ( DR 21- 006) constitute the " Project;" and
WHEREAS, the Project application has been referred to various public utility companies, public districts, and pertinent departments for review and recommendations; and
WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the Project Site and published it in the Brentwood Press on September 8, 2023, in accordance with City policies and Government Code Section 65090, and a public hearing notice sign was posted on the site during this same timeframe for the September 19, 2023 Planning Commission hearing; and WHEREAS, on September 19, 2023, the Planning Commission held a public hearing, reviewed said Project, studied the compatibility of this request with adjacent land uses, and considered this request, as well as considered the staff report, all accompanying information, and testimony received from the Applicant and other interested parties; and
WHEREAS, on September 19, 2023, the Planning Commission approved Vesting Tentative Subdivision Map ( VTSM 9547), by Planning Commission Resolution No. 23- 030; and
WHEREAS, on September 19, 2023, City Council member Jovita Mendoza timely filed a Call for Review of the Planning Commission' s action approving the Project, including adoption of Planning Commission Resolution No. 23- 030; and WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the Project Site and published it in the Brentwood Press on October 13, 2023, in accordance with City policies and Government Code Section 65090, and a public hearing notice sign was posted on the site during this same timeframe; and
WHEREAS, the City Council considered the call for review of the Project at its regular meeting of October 24, 2023, and considered the staff report, all accompanying information, and testimony received from the Permittee and other interested parties; and
WHEREAS, the City prepared an Initial Study and Mitigated Negative Declaration ( IS/ MND) for this project in accordance with the CEQA and CEQA Guidelines, and at its October 24, 2023 meeting, the City Council adopted said IS/ MND, including its accompanying Mitigation Monitoring and Reporting Plan and Errata Sheet, through adoption of Resolution No. 2023- 129.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood:
A. Hereby finds that with respect to Brentwood Municipal Code Section
16. 050. 040. B and Government Code section 66474:
1. That the proposed map is consistent with the community development plan and any applicable specific plans.
The City' s 2014 General Plan and 2023 Housing Element include goals and policies to ensure that adequate housing needs are met and that adequate housing opportunities are available and affordable to all residents of Brentwood. The proposed project meets the intent of the goals and polices established by the General Plan and Housing Element as follows:
a. Goal LU 1. (" Establish a land use pattern in Brentwood that provides for a diverse, self-sufficient community that offers a broad spectrum of job opportunities, housing types, community facilities, and commercial services.") The project provides a land use pattern that provides for a diverse and self- sufficient community that offers a broad spectrum of housing by providing 94 single family homes, including 12 affordable units.
b. Goal H- 1. (" Provide a diversity of housing opportunities to enhance the City' s living environment and to satisfy the shelter needs of all Brentwood residents.") The project provides a diversity of housing opportunities by offering a broad spectrum of housing through its provision of 82 detached single family market rate homes, and 12 detached single family affordable homes.
c. Goal H- 2 (" Encourage housing that is affordable to all socio- economic segments of Brentwood' s population.") The project includes 12 affordable units for very low-, low-, and moderate - income households and 82 market rate units for the Brentwood population. 2
d. Action H 2a (" Compliance with Affordable Housing Ordinance: All new residential projects shall provide affordable housing units in accordance with the City' s adopted Affordable Housing Ordinance Chapter 17. 725. The City will continue to review and monitor the ongoing effectiveness of the City' s affordable housing ordinance to ensure developers provide a certain percentage of new homes to qualifying households at an affordable cost for the longest feasible time. The ordinance shall also continue to include a list of automatically available development incentives to encourage the construction of the inclusionary units, as well as provide the details for available alternatives to satisfy inclusionary housing obligations.") The project complies with the applicable Affordable Housing Ordinance by providing affordable units in accordance with the City' s adopted affordable housing ordinance that was in effect at the time the project was deemed complete in January 2022 and is subject to the 10 percent affordability requirement. The project includes 12 affordable units ( 13 percent), which is more than required by the ordinance.
The project site is within the General Plan Residential Low Density R - LD) land use designation, which provides for a density range from
1. 1 to 5. 0 dwelling units per acre. The State Density Bonus law allows developers proposing 5 percent residential units affordable to very - low income homebuyers to seek increases in the project density in exchange for providing affordable units on site, without requiring a rezoning or General Plan land use designation change of the site Government Code § 65915( f)( 5)). The 94 proposed units results in an overall density of 4. 67 dwelling units per acre.
e. Action H 2h (" Density Bonus: Grant density bonuses for the provision of affordable housing as required by State law. Monitor statutory requirements for municipal density bonus requirements and make necessary changes in the Municipal Code to reflect State law.") The State Density Bonus law allows a housing development consistent with that law to develop at a density in excess of the density established for that General Plan land use without rezoning the site or requiring a General Plan amendment. The project site is currently zoned PD -71, which allows for densities of 5. 0 units per acre and the General Plan land use designation is R - LD, which allows for 1. 1 to
5. 0 units per acre. Therefore, the proposed 19. 73 -acre project is allowed to build up to the base density of 98 dwelling units Government Code § 65915 ( 0)( 4)). The applicant qualifies for and is invoking the State Density Bonus law, a state mandate that allows for a " density bonus", an amount over and above the allowable residential density when a project includes a qualifying affordability component. The project' s proposed density ( 4. 67 du/ a) is within the allowed range under the City' s current General Plan ( 5. 0 du/ a) and as a result is not proposing to construct any of the allowed bonus 3
units. The project is proposing to utilize the concession and waivers allowed under the Law with respect to some of the zoning criteria. f. Action H 3a (" Affordable Housing Design and Distribution: All affordable units within a mixed -income subdivision shall be harmonious and comparable to the market - rate units in exterior design, quality of materials and architectural elements, and overall construction quality. Affordable units may have different interior amenities and/ or slightly different dimensions than market rate units in a residential development. Affordable units in a mixed - income development shall be dispersed throughout the residential development so as to prevent the concentration of affordable units.") The design and distribution of the affordable units are the same as the market rate units in exterior design, materials, architectural elements, and overall construction quality, as well as the number of bedroom and proportion of bedroom types. The affordable units are also dispersed throughout the residential development and located on corner lots.
g. Goal H 4 (" HOUSING OPPORTUNITIES GOAL: Provide equal housing opportunities for all residents of Brentwood.") The project provides 82 market rate homes and 12 affordable homes for the City of Brentwood, thus providing ownership opportunities for all residents of the city.
2. That the design or improvement of the proposed subdivision is consistent with the community development plan and any applicable specific plans.
The Project Site is not currently within any adopted or proposed specific plan area. The design and improvements of the proposed subdivision are consistent with the General Plan, including:
a. Policy CIR 1- 2. (" Ensure that the City' s circulation network is a wellconnected system of streets, roads, highways, sidewalks, and paths that effectively accommodates vehicular and non -vehicular traffic in a manner that considers the context of surrounding land uses and the needs of all roadway users.") Site access would be provided by way of Hanson Lane and Lone Tree Way, which ( at this location) are minor local streets leading to retail and dining. Hanson Lane and Lone Tree Way will be extended by the project. In addition, three roadway connections would be constructed along Lone Tree Way, and one connection roadway would be constructed along Hanson Lane, to provide access to the proposed roadway network that would be constructed as part of the project. Sidewalks would be included on both sides of the streets to allow for pedestrian circulation throughout the project site. A new sidewalk would also be constructed along the southern side of Hanson Lane and extend 51
outside of the project boundary in order to connect to the existing sidewalk. Full right -of way improvements would be constructed within the street, including utilities, curb gutter, and a separated sidewalk with a landscape strip.
b. Policy LU 1- 4 (" Require new development to occur in a logical and orderly manner, focusing growth on infill locations and areas designated for urbanization on the Land Use Map and be subject to the ability to provide urban services, including paying for any needed extension of services.") The proposed project is located within a developed area and will connect to adjacent existing infrastructure.
The project involves the construction of the necessary infrastructure to serve the proposed neighborhood and would include plans to connect to existing City infrastructure to provide water and sewer to the site. Storm water quality for the site will be achieved with a bio - retention basin constructed at the eastern boundary of the site pursuant to Contra Costa County and State Water Control Resource Board regulations.
c. Policy LU 1- 5 (" Encourage new development to be contiguous to existing development, whenever possible.") The proposed project is contiguous to existing development. Full right-of-way improvements would be constructed within the street, including utilities, curb gutter, and a separated sidewalk with a landscape strip. The subdivision would be oriented in a similar pattern to the adjacent single- family subdivision, thus creating a fabric of viable and interrelated neighborhoods.
d. Action LU 2a. Density Transition Policy Action. Action LU 2a of the General Plan requires a density transition for proposed lots facing or abutting existing residential lots zoned Ranchette Estate or of one acre or more, such that the proposed lots have a minimum area of 20, 000 square feet ( sf). Given the presence of one acre lots west of the site, the proposed lots are required by this policy to have a minimum area of 20, 000 square feet. The project qualifies for one concession under the State Density Bonus Law. The applicant has requested waiver of the density transition requirement as its concession, and the City Council has determined there are no grounds to deny this request.
e. Finally, the project complies with other applicable elements of the General Plan as described in finding A( 1) above.
3. That the site is physically suitable for the type of development.
The site is physically suitable for the type of development proposed by VTSM 9547 insomuch as the discharge of waste from the proposed subdivision will not result in violation of existing requirements prescribed k,
by the California Regional Water Quality Control Board because the Permittee will be required to make the necessary improvements to tie in to the City' s stormwater and sewer facilities, as well as treat all stormwater runoff, and the design of the subdivision and the associated improvements is not likely to cause serious public health problems due to the fact that this project will be required to construct all of the necessary improvements needed to ensure a safe and healthy development, including all Federal, State, and local regulations. In addition, although a significant portion of the project is in a Special Hazard Flood Area " Zone AE," the developer will be required to ensure finished pad elevations are at a minimum one foot above the 100 year base flood elevation by amending floodplain maps for their development.
4. That the site is physically suitable for the proposed density of development.
The site is physically suitable for the density of development proposed, in that it complies with the density allowed per the City' s General Plan and the State Density Bonus law. The project site is zoned PD -71, which allows for
5. 0 units per acre and the General Plan land use designation is R - LD, which allows for 1. 1 to 5. 0 units per acre. Therefore, the proposed 19. 73 - acre project is allowed to build up to the base density of 98 dwelling units Government Code § 65915 ( o)( 4). The applicant qualifies for and is invoking the State Density Bonus law, a state mandate that allows for a density bonus", an amount over and above the allowable residential density when a project includes a qualifying affordability component.
Pursuant to the State Density Bonus law, 94 units are proposed, which will result in a density of 4. 67 dwelling units per acre, which is within the density determined to be suitable for development of this site by the General Plan.
5. That the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat unless an Environmental Impact Report was prepared with respect to the project and a finding was made pursuant to subdivision ( c) of Section 21081 of the Public Resources Code that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Environmental Impact Report.
The design of the subdivision and the associated improvements have been analyzed for their impacts on the environment through the preparation of an initial study/ mitigated negative declaration ( IS/ MND) and a Mitigation Monitoring and Reporting Program, which includes feasible mitigation measures to ensure that any impacts identified as potentially significant in the IS/ MND, will be reduced to a less than significant level.
6. That the design of the subdivision or type of improvements is not likely to cause serious public health problems.
0
The design of the subdivision and the type of improvements proposed are not likely to cause serious public health problems due to the fact that this Project includes proposed improvements necessary to ensure a safe and healthy development, including adequate wastewater and potable water infrastructure, streets that meet the City' s specifications, street lighting, and compliance with Federal, State, and local regulations designed to protect public health.
7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
The design of the subdivision and the associated improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision as alternative access, utility, and irrigation facilities will be constructed, enabling continued service to properties serviced by existing easements.
B. Hereby finds that with respect to the density bonus requested by the Permittee pursuant to Brentwood Municipal Code Chapter 17. 720 and Government Code 65915- 65918 ( the " Density Bonus law"):
1. Qualification. The proposed project is proposing to provide five percent 5%) of the units for very -low income households, which meets the State' s Density Bonus Law threshold for a base density bonus ( Government Code 65915 ( f)( 2)( B)( 1)( b)). The project qualifies for a density bonus, but is not seeking to develop above the density allowed by the City. The project is, however, requesting to utilize the concession and waivers allowed under the Law with respect to the density transition policy contained in the General Plan. The City Council has reviewed the project' s eligibility for the requested incentives and its sole concession and finds that the Project qualifies for such concessions and waivers.
2. Satisfaction of requirements. The Project shall, by incorporation of the conditions set forth herein, comply with all requirements of Brentwood Municipal Code Chapter 17. 720 and the Density Bonus law.
3. Requested concession. The provision of five percent ( 5%) of the units for very -low income households, meets the State' s Density Bonus Law threshold for a base density bonus ( Government Code § 65915 f)( 2)( B)( 1)( b)). The applicant has requested a waiver from compliance with the General Plan density transition policy as to the lots along the western boundary of the project site. Having determined that there are no grounds under the law for denying this requested concession, the City Council grants this request
4. Requested waivers. The Permittee has requested the following waivers.
Having determined that there are no grounds under the law for denying 7
these requested waivers, the City Council hereby grants the following for the reasons stated below:
PD -71 Zoning Waiver Requested Analysis
Standard
1 The minimum lot As currently proposed, Larger lot sizes would not area is 5, 000 sf for approximately 28 allow for the project to build 66 percent of the percent of the to the density permitted lots on the 19. 73- proposed lots are under the Density Bonus acre project site and 5, 000 sf or more; 20 Law.
4, 500 sf for thirty- percent are between
three percent of the 4, 500 sf and 5, 000 sf;
lots on the project and the remaining
site. approximately 52
percent are less than
4, 500 sf.
2 The front yard Minimum front yard On certain floor plans, a 15 - setback shall be 15 reduced setback foot front set back would feet as measured preclude the ability to
from the property provide the PD required
line to any building usable rear yard space and
fagade or side entry would thus preclude
garage and 20 feet development of the project
for any garage as proposed.
facing the street
measured from the
property line to the
center of the garage
door.
3 The minimum side Minimum side yard 15 - foot combined side yards yard setbacks for setback combined total would require significantly single- family reduced to 10 feet. smaller houses and/ or the detached units shall development of significantly
be a minimum of wider lots, which would
five feet with a physically preclude
minimum combined construction of this Density
total of 15 feet for Bonus Law -qualifying project
both side yards. as proposed and would also
Corner lots shall prevent attainment of the
maintain a minimum density allowed by the
side yard on the General Plan.
street side of ten
feet.
4 Maximum lot Maximum lot coverage Compliance with this coverage shall be 40 increased to 42 development standard would percent. percent. physically preclude
construction of the Density
C. Hereby approves Vesting Tentative Subdivision Map ( VSTM 9547), including the requested density bonus concession and waivers, subject to the conditions of approval listed in Exhibit ' A', attached hereto and made a part of this resolution, and all City standards applicable to this project.
D. The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at 150 City Park Way in Brentwood, California. Planning Manager Erik Nolthenius is the custodian of records for the record of proceedings.
This permit shall terminate on October 24, 2025, unless actual construction begins prior to that date. However, such date may be extended by the Planning Commission upon application filed at any time before said expiration date.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 24th day of October, 2023 by the following vote:
AYES:
PD -71 Zoning
Standard
Waiver Requested Analysis
ABSENT: None
RECUSE:
Bonus Law -qualifying project
as proposed.
C. Hereby approves Vesting Tentative Subdivision Map ( VSTM 9547), including the requested density bonus concession and waivers, subject to the conditions of approval listed in Exhibit ' A', attached hereto and made a part of this resolution, and all City standards applicable to this project.
D. The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at 150 City Park Way in Brentwood, California. Planning Manager Erik Nolthenius is the custodian of records for the record of proceedings.
This permit shall terminate on October 24, 2025, unless actual construction begins prior to that date. However, such date may be extended by the Planning Commission upon application filed at any time before said expiration date.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 24th day of October, 2023 by the following vote:
AYES: Mendoza, Oerlemans, Pierson, Meyer, and Mayor Bryant NOES: None
ABSENT: None
RECUSE: None
ATTEST:
YMargaret/ imberly, MMC
City Clerk
oel R. Bryant
Mayor
9
EXHIBIT ` A' TO
CITY COUNCIL RESOLUTION NO. 23 -XXX
CONDITIONS OF APPROVAL FOR
VESTING TENTATIVE SUBDIVISION MAP ( VTSM 9547)
1. The Applicant and Permittees, including all successors in interest ( collectively, Permittee") shall comply with each and every condition set forth in the Permit. Vesting Tentative Subdivision Map ( VSTM 9547) ( the " Permit") shall have no force or effect and no building permit shall be issued unless and until all things required by the below -enumerated precedent conditions have been performed. The Permittee shall develop the site in accordance with the approved attachments and as modified by these Conditions of Approval.
2. All applicable Standard Conditions of Approval for Tentative Subdivision Maps, dated May 2005, are hereby incorporated by reference and shall be complied with by the Permittee, unless modified by any of the conditions below.
3. The final map shall be substantially in conformance with Vesting Tentative Subdivision Map ( VTSM 9547) prepared by CBG Civil Engineers dated " August 2022" and modified to include " Parcel B" as shown on plan dated " October 16, 2023, as well as " Parcel X" ( approximately 1 - acre park) as created by the conditions of approval contained below.
4. The approval of Vesting Tentative Subdivision Map ( VTSM 9547) is effective only after adoption of the MND prepared to analyze the Project.
5. The final map shall move Lots 1- 5 to the southwest corner of Hanson Lane and Meganos Road. Each lot shall be a minimum 5, 000 -square feet in size and a minimum 50 -feet in width. Setbacks for each lot shall be generally consistent with setbacks for the project. Final plotting plans for each lot shall be submitted to be reviewed and approved by the Director of Community Development prior to issuance of building permits.
6. The final map shall create a new secondary park ( Parcel X) along the western property line on the west side of Meganos Road between Lots 5 and the EVA Parcel. The final total acreage of " Parcel B" and " Parcel X" shall be approximately 1. 5 acres in order to fulfill the project' s Quimby Act parkland dedication requirements. " Parcel X" shall include decorative block walls on three sides; the wall along the western property line shall be minimum of 6 - feet in height from both sides.
7. The Permittee shall indemnify, defend with counsel of the City' s reasonable choosing, and hold harmless City and its City Council, its boards and commissions, officials, officers, employees, and agents ( the " Indemnified Parties") from and against any third party claim, action, or proceeding against City and/ or the Indemnified Parties to attack, review, set aside, void, or annul the City' s approval of the project approved herein, including adoption of VTSM 9547, and DR 21- 006, and any environmental determination made with 10
regard thereto, save and except to the extent caused solely by the City' s sole or active negligence, or willful misconduct. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, reasonable attorneys' fees, and other reasonable expenses incurred in connection with such claim, action, causes of action, suit or proceeding. The Permittee shall pay to the City upon demand or, as applicable, on a monthly basis to counsel of City' s reasonable choosing, amounts owed pursuant to the indemnification requirements prescribed in this condition. City shall promptly notify the Permittee of any claim, action, or proceeding and shall engage in reasonable efforts to cooperate in the defense. To the extent the above indemnification is limited by Government Code Section 66474. 9, any limitations shall only apply to VTSM 9547, and the remainder of this obligation shall be unaffected by said Government Code section.
8. A significant portion of the project is in a Special Hazard Flood Area " Zone AE." The developer shall ensure finished pad elevations are at a minimum one foot above the 100 year base flood elevation as shown on the latest Federal Emergency Management Agency ( FEMA) floodplain maps for Contra Costa County, California. The developer shall be responsible for all necessary activities, applications, documentation and costs to amend floodplain maps for their development [ Letter of Map Amendment ( LOMA)], and for obtaining a Floodplain Permit from the City of Brentwood Floodplain Administrator for all projects on parcels identified in Zone ' A' on the FEMA Flood Insurance Rate Maps for the City of Brentwood. Applications for CLOMR shall be prepared and submitted by the developer prior to grading permit issuance or final map approval, whichever occurs first.
9. Permittee shall comply with all requirements of Brentwood Municipal Code Chapter 17. 720 (" Density Bonus Program") and Government Code 65915- 65918 ( the State Density Bonus law).
10. Permittee shall comply with all requirements of Brentwood Municipal Code Chapter 17. 725 (" Affordable Housing"), as effective January 2022.
11. Permittee shall cause each and every mitigation measure set forth in the Mitigation Monitoring and Reporting Program for the Project to be fulfilled within the timelines set forth therein.
12. Prior to each building permit issuance, the Permittee shall comply with all applicable requirements of the Uniform Fire Code and the adopted policies of the Contra Costa County Fire Protection District ( CCCFPD). The City' s Building Division shall review the building plans to ensure compliance.
13. Prior to building permit issuance, the Permittee shall provide an adequate and reliable water supply for fire protection with a minimum fire flow to the satisfaction of CCCFPD and the City of Brentwood.
11
14. The Permittee shall comply with the Public Art Program as approved by the City by paying the in - lieu fees consistent with Brentwood Municipal Code Chapter 2. 44.
15. Permittee shall be subject to park in - lieu fees per the City' s 2019 Parks, Trails and Recreation Master Plan to the satisfaction of the Director of Parks and Recreation.
16. The Permittee shall submit detailed landscape and irrigation plans of front yard typical, open space areas, and bio retentions areas for review and approval prior to issuance of a building permit to ensure compliance with the City' s Water Efficient Landscape Ordinance subject to review and approval of the Planning Department.
17. The Permittee shall comply with all applicable NPDES requirements, including C. 3' per the current Contra Costa County Stormwater C. 3 Guidebook, to the satisfaction of the Director of Public Works/ City Engineer.
18. The Project shall be consistent with all applicable City' s General Plan Policies.
19. All improvements shall be designed and constructed; all permits issued; all fees paid; and all securities submitted pursuant to applicable Federal and state laws, the Subdivision Map Act, the Brentwood Municipal Code, the City Engineering Department' s Standard Plans and Specifications, and the City Engineering Department' s Engineering Procedures Manual.
20. Permittee and all construction plans and maps shall comply with Brentwood Municipal Code Title 8 " Health and Safety," Title 9 " Public Peace and Welfare," Title 12 " Streets, Sidewalks and Public Places," Title 13 " Sewers," Title 14 Water," Title 15 " Building and Construction," and Title 16 " Subdivision and Land Development." In particular:
a. Solid waste service shall comply with Brentwood Municipal Code Chapter
8. 16 " Solid Waste."
b. Construction and demolition work shall comply with Brentwood Municipal Code Chapter 8. 40 " Construction and Demolition Debris Recycling."
c. Permittee shall comply with Brentwood Municipal Code Chapter 9. 32 Noise Regulations."
d. Permittee shall dedicate and improve any thoroughfare and/ or collector street pursuant to Brentwood Municipal Code Chapter 12. 04 " Street Widths."
12
e. Permittee shall comply with the encroachment permit requirements pursuant to Brentwood Municipal Code Chapter 12. 08 " Street Encroachments."
f. Sewer backflow prevention, interceptors, and other health and safety requirements shall be incorporated into the project pursuant to Brentwood Municipal Code Chapter 13. 04 " Sewer System - Rules and Regulations."
g. Brine -discharging self -regenerating water softener systems are prohibited pursuant to Brentwood Municipal Code Section 13. 04. 022. B. h. Recycled water services shall comply with Brentwood Municipal Code Chapter 13. 06 " Recycled Water Regulations."
Water service shall comply with Brentwood Municipal Code Chapters
14. 01 " Municipal Water System" and Chapter 14. 10 " Cross -Connection Control." In addition and to comply with both health and safety requirements as well as the City' s Engineering Design Standards, all projects serving more than 25 units shall design and construct at least two independent points of potable water supply to the Project. j. Contractors requiring construction water shall obtain a temporary water permit and shall only take water metered at a location specified by the City Engineer pursuant to Brentwood Municipal Code Section 14. 01. 340 Contractors."
k. Permittee shall comply with the Federal Clean Water Act, the Municipal Regional NPDES Permit, and Brentwood Municipal Code Chapter 14. 20 Stormwater Management and Discharge Control."
I. Fire access and aerial apparatus access shall comply with the requirements of the Fire District and Brentwood Municipal Code Chapter
15. 06 " Fire Code."
m. Special flood hazard areas shall comply with the requirements of Brentwood Municipal Code Chapter 15. 07 ' Flood Plain Management." n. Grading shall comply with Brentwood Municipal Code Chapter 15. 52 Grading, Erosion and Sediment Control."
o. All grading and noise generating activities shall be limited to the days and hours defined in Brentwood Municipal Code Section 15. 52. 060 Grading Regulations."
p. In addition to the indemnification obligation set forth above, Permittee shall indemnify the City pursuant to Brentwood Municipal Code Section
15. 52. 160 " City Held Harmless."
13
q. Pursuant to Brentwood Municipal Code Section 16. 070. 030. B, review of a Final Map, certification and approval shall not proceed until the Improvement Plans ( onsite and offsite) have been submitted and reviewed by and approved by the City Engineer.
r. Permittee shall obtain all required permits including, but are not limited to: buildings; sewer connections; encroachment; grading; use; business license; water connection; Army Corps of Engineers; Contra Costa County Flood Control; California Department of Fish and Wildlife pursuant to Brentwood Municipal Code Section 16. 120. 050 Procedures."
s. All storm drain, sewer, water and street systems shall be designed and sized to accommodate such additional flows, volumes or loads as may be contributed by the most intensive developed land use of the lands adjacent to or beyond the limits of the subdivision pursuant to Brentwood Municipal Code Section 16. 120. 080.
t. All public facilities shall be constructed and any existing deficiencies shall be corrected. This includes both required on- and off- site public facilities and any deficiencies on- site, abutting the parcel or parcels involved or required off- site to provide service to the proposed development or for the continued safety, health and well- being of the public upon completion of the development pursuant to Brentwood Municipal Code Section 16. 120. 090 " Public Facilities Installation." u. Utilities shall be installed underground pursuant to Brentwood Municipal Code Section 16. 120. 120 " Undergrounding - Electric, Communication, Street Lighting and Advanced Technology Systems."
v. All landscaping installed by the project shall be from trees and plants selected from the City Approved Drought Tolerant and Native Plant List with the exception of bioretention facilities which shall conform to Appendix B of the Contra Costa Clean Water Program C. 3 Guidelines, to the satisfaction of the Director of Parks and Recreation and City Engineer.
w. Permittee shall make all land dedications pursuant to Brentwood Municipal Code Sections 16. 140 and 16. 150.
21. Prior to issuance of an encroachment permit or approval of Improvement Plans:
a. Construction plans shall include the following improvements:
i. Upsizing of the existing 8 -inch to a 12 - inch water line on Lone Tree Way from the project to Arroyo Seco Road and installation 14
of a parallel 10 -inch water line on Lone Tree Way from Arroyo Seco Road to Brentwood Boulevard consistent with the Water Master Plan.
ii. Paved access from Hanson Lane to the City' s Ground Water Well 8 for maintenance vehicles, black steel fencing around the perimeter, and access gates to the satisfaction of the City Engineer.
iii. Installation of sidewalk on Hanson Lane between the project site and the existing sidewalk terminus on Hanson Lane.
b. Permittee shall acquire any necessary approval from affected property owner( s) to construct Hanson Lane as shown on the Tentative Map. c. Permittee shall make reasonable efforts to coordinate designs to provide access onto the Lone Tree Way extension with adjacent property owners north of the project to the satisfaction of the City Engineer. d. Construction Plans shall include all utilities, including, but not limited to, meters, hydrants, poles, signs, clean -outs and boxes to be located clear of all trails, sidewalks and driveways or as determined by the City Engineer.
e. Construction Plans shall include all utilities, especially over bridges, designed with seismic considerations to the satisfaction of the City Engineer.
f. Permittee shall submit a colored Composite Site Exhibit showing the location of all existing and proposed utilities, utility boxes, landscaping, monuments, street improvements, lights, signs, driveways, house envelopes, fencing, grading contours, walls, easements, property lines, and other improvements as required at a sufficient scale to allow a comprehensive review of proposed improvements.
g. Construction Plans shall note that construction of all gravity utilities ( i. e. storm drain, sewer) to always commence at the downstream connection and proceed to the upstream terminus.
h. Construction Plans shall demonstrate that all public gravity utilities ( i. e. storm drain, sewer) are designed to positively and completely drain by gravity without relying on any electro -mechanical means ( i. e. pumps, lift stations and siphons) to the satisfaction of the City Engineer. i. Construction Plans shall include cathodic protection measures for all buried metallic infrastructure pursuant to City Standards or as approved by the City Engineer.
j. Construction Plans shall include all proposed storm drain inlets to include and update existing storm drain inlets along the project frontage with 15
No Dumping - Drains to Creek" thermoplastic stencils to the satisfaction of the City Engineer.
k. Permittee shall obtain approval from the City Engineer on the Project Operation and Maintenance Manual for all stormwater control systems.
Said Manual shall comply with all applicable Municipal Regional NPDES Permit requirements including, but not limited to, maintenance, sediment removal, weed and trash abatement, and the use of chemicals.
I. Construction Plans shall include all landscaping with adequate root barriers to protect all City facilities, including but not limited to sidewalks, utilities, meters, ramps, and driveways.
m. Permittee shall have a licensed Land Surveyor locate all existing survey monuments on or adjacent to the project, and show said monuments as protected on all construction plans.
n. Construction Plans shall include a Traffic Control Plan in conformance with the latest edition of the Manual of Uniform Traffic Control Devices issued by Caltrans and as required by the City Engineer. o. Construction Plans shall comply with the requirements of the Fire District, and that ingress and egress is provided to all neighboring properties during construction.
p. Construction Plans shall incorporate roadways and driveways that provide adequate sight distance pursuant to City and Caltrans design requirements. All landscape areas required to have restrictions to comply with sight distance requirements shall be shown on applicable Construction and Plot Plans.
q. Construction Plans shall incorporate all- weather vehicular access from a public road to all proposed and existing public storm drain, sewer, water, and non - potable water mains, appurtenances, and easements subject to approval of the City Engineer.
22. Prior to issuance of a grading permit:
a. The height and location of all existing and proposed retaining walls shall be shown on the Grading Plans. Retaining walls over three feet in height shall be structurally engineered, and shall require separate building permits. All retaining walls shall include a sub -drain system to the satisfaction of the City Engineer.
b. Construction Plans shall demonstrate with plans, analysis, or other documentation signed and stamped by a licensed Civil Engineer that there is adequate overland drainage release to an adequate public IN
drainage facility to the satisfaction of the City Engineer. Permittee shall acquire drainage easements, if necessary.
c. Grading Plans shall include a sufficient number of cross- sections adjacent to creeks, floodplains, and wetland areas showing the proximity of these features to proposed grading and building foundations to the satisfaction of the City Engineer.
d. Grading Plans shall clearly identify the location of all wetlands, creeks, creek setbacks, trees ( both to be removed and to be protected). e. Pursuant to Brentwood Municipal Code 15. 070. 320, Grading Plans shall identify any special flood hazard area and the elevation of the base flood.
f. Permittee shall secure all required regulatory permits and construct all required drainage facilities, including all storm drain outfalls into creeks. g. Permittee shall provide approved hydrology and hydraulic calculations signed by a licensed engineer demonstrating that the Project will adequately collect and convey all runoff within the Project as well as the entire developed watershed upstream of the Project pursuant to Brentwood Municipal Code 16. 120. 080C. The analysis shall include conveyance capacity of Marsh Creek.
23. Prior to approving the Final Map:
a. Final Map shall comply with the current Subdivision Map Act. b. The Project shall annex into the most current City Community Facilities District, and annex into, or form a street lighting and landscape maintenance assessment district, or provide and execute an alternative funding mechanism acceptable to the City for the maintenance of City improvements.
c. The Project shall annex into the most current Emergency Medical and Fire Protection Service Community Facilities District as required by the Contra Costa County Fire Protection District.
d. Permittee shall provide for an adequate private funding mechanism for the perpetual maintenance of all stormwater NPDES treatment areas, storm drains, private streets, landscaping, emergency vehicle access, mailboxes and other common interest development improvements to the satisfaction of the City Engineer. Permittee shall dedicate streets and parcels with said facilities to a Homeowners Association or similar private entity in fee.
17
e. Final Map shall include approved street names by the Fire District and Community Development Department. All public streets shall be irrevocably offered for dedication.
f. All applicable City fees shall be paid including, but not limited to, the Agricultural Mitigation Fee, the Contra Costa Flood Control and Water Conservation District Fee.
g. Final Map shall show relinquishment of abutter' s rights of access adjacent to all accessible ramp locations.
h. For all common interest developments, Permittee shall submit a copy of the draft Covenants, Conditions and Restrictions for City review and approval, which approval shall not be unreasonably withheld.
24. Prior to issuance of any Building Permits:
a. All on- site improvements shall be constructed prior to the issuance of any building permit in each phase ( excluding model homes). The improvements shall include, but is not limited to pavement, curb, gutter, sidewalk, street lights, utilities and walls to the satisfaction of the City Engineer.
b. Permittee shall pay all Development Impact Fees pursuant to, or otherwise comply with the latest City of Brentwood Development Impact Fee Program.
c. Permittee shall provide documents signed by a licensed engineer on building pad elevation, compaction, and appropriate remediation from unsuitable soils.
d. Permittee shall demonstrate that all acoustic mitigations have been incorporated into applicable plans.
25. Permittee shall engage a qualified air quality specialist to conduct a sitespecific air quality analysis of PM2. 5 on the site using dispersion modeling, and the results of this analysis shall be provided to homebuyers within the Project prior to purchase.
26. The developer shall dedicate, in fee, to the City of Brentwood, Parcel " B" (. 63 acre park) as shown in the plan prepared by CBG Civil Engineers dated October 16, 2023". Parcel " B" (. 63 acre park) shall be improved to the satisfaction of the City Engineer, the Director of Parks and Recreation, and the Community Development Director, or their designees. The timing of these improvements shall be consistent with the conditions of approval contained herein. Maintenance of these improvements shall be included in the Landscape and Lighting District for this project.
18
27. The parks shall be constructed and completed by the developer to the satisfaction and approval of the City Engineer, Director of Parks and Recreation and the Community Development Director, or their designees. Prior to the issuance of the 47th certificate of occupancy, one park shall be constructed and completed and prior to the issuance of the final certificate of occupancy the remaining park shall be constructed and completed. Homes adjacent to the parks shall not be constructed until the adjacent park is complete.
28. Parcel " B", Parcel " X" and all landscape trails, medians and streetscapes shall be maintained by the developer, at their expense, until subdivision acceptance.
After subdivision acceptance, these areas will be maintained by the City and will be paid by the subdivision' s Lighting and Landscape District or other acceptable financing mechanism accepted by the City.
29. The developer shall dedicate, in fee, to the City of Brentwood, " Parcel X" approximately 1 - acre park) as created by the conditions of approval contained herein. ' Parcel X" shall be improved to the satisfaction of the City Engineer, the Director of Parks and Recreation, and the Community Development Director, or their designees. The timing of these improvements shall be consistent with the condition of approval 27 above. Maintenance of these improvements shall be included in the Landscape and Lighting District for this project.
30. The developer shall present to the Director of Parks and Recreation or designee and the City' s Park and Recreation Commission conceptual designs for all parks, trails and landscape areas for review and approval prior to final map approval. The development of Parcel " B" and " Parcel X" shall incorporate design criteria from the City of Brentwood Parks, Trails and Recreation Master Plan to the satisfaction of the City Engineer, the Director of Parks and Recreation and the Community Development Director, or their designees. The design for this park shall also include a tot lot to the satisfaction of the Director of Parks and Recreation.
19
CITY COUNCIL AGENDA ITEM NO. F.22
04/22/2025
SUBJECT: Brentwood Police Department’s 2024 Military Equipment Annual Report
DEPARTMENT: Police
STAFF: Tim Herbert, Chief of Police
Mike Thompson, Police Lieutenant
TITLE/RECOMMENDATION
A Resolution (1) accepting the 2024 Military Equipment Annual Report; (2) determining that the Brentwood Police Department’s (BPD’s) use of Military Equipment in 2024 complied with the Departments’ funding, acquisition and use policy (BPD Policy 708 (Policy 708)) and applicable State Laws; (3) renewing Ordinance No. 1037, thereby determining that Policy 708 shall be continued without change; and (4) approving the BPD’s purchase of military equipment to preserve life and enhance the safety of citizens and officers.
FISCAL IMPACT
There is no fiscal impact associated with receiving this report.
BACKGROUND
Assembly Bill 481 (AB 481), approved in September 2021, by Governor Gavin Newsom (codified as Chapter 12.8 of the California Government Code, starting at section 7070), required all California law enforcement agencies, including the Brentwood Police Department, to have a military equipment use policy approved by the agency’s governing body prior to requesting, seeking funding for, acquiring, collaborating with other jurisdictions about the deployment of military equipment, or using military equipment. The law required this policy to be approved through the adoption of a local ordinance.
On May 10, 2022, the City Council adopted Ordinance 1037, approving the Brentwood Police Department’s Policy 708 (‘Military Equipment Funding, Acquisition, and Use’). Policy 708 adheres to California Government section 7070, et seq., with respect to the funding, acquisition, and use of military equipment.
Annual Military Equipment Report
Policy 708, Ordinance 1037, and Government Code section 7072 require the Police Department to do both of the following:
CITY COUNCIL AGENDA ITEM NO. F.22
04/22/2025
Publish annually a military equipment report for the prior calendar year (1) summarizing the use of each type of military equipment approved by Policy 708, (2) summarizing any complaints or concerns received about the military equipment, (3) providing the results of any internal audits and information about violations of Policy 708, and any actions taken in response, (4) providing the total annual cost for each type of approved military equipment and the source of funds for military equipment in the upcoming year, and (5) inventorying the quantity of each type of military equipment possessed and listing the quantity to be acquired in the upcoming year.
Hold annually at least one well-publicized and conveniently located community engagement meeting within 30 days of submitting and publicly releasing the military equipment annual report.
The Police Department complied with both of these requirements. No complaints or concerns were received and there were no findings as a results of the audit. On March 20, 2025, from 5:30-7:00 pm, the Department hosted a community engagement meeting at the Brentwood Community Center. The meeting was welladvertised and offered members of the public the opportunity to receive information and ask questions regarding the Department’s military equipment.
In addition, on March 27, 2025, the Police Department published its 2024 Military Equipment Annual Report to its website at the following link:
https://www.brentwoodca.gov/government/police/military-equipment-policyreports Council Annual Review of the Military Equipment Annual Report and Policy 708
Under Government Code section 7071(e)(1)-(2), the City Council must annually review Policy 708 and the Department’s Military Equipment Annual Report and determine whether each type of military equipment identified in the report has complied with all of the following standards:
The military equipment identified in Policy 708 is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
Policy 708 will safeguard the public’s welfare, safety, civil rights, and civil liberties.
If purchasing the equipment identified in Policy 708, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. The Police Department’s prior military equipment use complied with the military equipment policy that was in effect at the time, or if prior
CITY COUNCIL AGENDA ITEM NO. F.22
04/22/2025
uses did not comply with the accompanying military equipment policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
Additionally, after reviewing the military equipment annual report and Policy 708, under Government Code section 7071(e)(1), the City Council must vote annually whether to continue Policy 708 without change or direct staff to return at a future City Council meeting with a proposed ordinance to amend or repeal Policy 708 and Ordinance 1037 for the City Council’s consideration.
Staff recommends that the City Council determine that Policy 708 be continued without change for the following reasons:
The Police Department retains and employs limited military equipment to safeguard the safety of the public and staff. There are no tools or resources that are reasonable alternatives to achieve the same safety objectives than use of the military equipment listed in Policy 708 and the 2024 Military Equipment Annual Report.
Policy 708 safeguards the public’s welfare, safety, civil rights and civil liberties.
The Police Department adheres to the City’s purchasing policies when military equipment is purchased.
During the month of December 2024, the Police Department’s Administrative Lieutenant, Range Staff Supervisor, Drone Supervisor and SWAT Team Leader completed an audit of the Department’s use of military equipment in 2024 and determined that the use of military equipment fully complied with Policy 708.
Staff recommends that the City Council adopt the proposed resolution (1) accepting the 2024 Military Equipment Annual Report, (2) determining that the Police Department’s use of military equipment in 2024 complied with Policy 708 and applicable State law, (3) renewing Ordinance No. 1037, thereby determining that Policy 708 should be continued without change, and (4) approving the BPD’s purchase of military equipment to preserve life and enhance the safety of citizens and officers. The Police Department’s continued use of military equipment in the manner set forth in Policy 708 safeguards public and staff safety, and the public’s welfare, civil rights and civil liberties.
CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.
PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.
CITY COUNCIL AGENDA ITEM NO. F.22
04/22/2025
DATE OF NOTICE
Not Applicable.
ENVIRONMENTAL DETERMINATION
Not Applicable.
ALTERNATIVE OPTION(S)
1. Continue the item with direction for staff to return with additional information.
ATTACHMENT(S)
1. Previous Action
2. CC Resolution
3. Policy 708
4. Annual Military Report
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 April 26, 2022, the City Council waived the first reading of Ordinance No. 1037, Brentwood Police Department Policy 708 (‘Military Equipment, Acquisitions, and Use’), as required by Assembly Bill (“AB”) 481.
On May 10, 2022, the City Council waived the second reading of and adopted Ordinance No. 1037, Brentwood Police Department Policy 708 (‘Military Equipment, Acquisitions, and Use’), as required by AB 481.
On May 9, 2023, the City Council adopted Resolution 2023-51 (1) accepting the 2022 Military Equipment Annual Report; (2) determining that the Brentwood Police Department’s use of Military Equipment in 2022 complied with the Department’s funding, acquisition and use policy (Policy 708) and applicable State Laws; and (3) renewing Ordinance No. 1037, thereby determining that Policy 708 would be continued without change.
On April 23, 2024, the City Council adopted Resolution 2024-44 (1) accepting the 2023 Military Equipment Annual Report; (2) determining that the Brentwood Police Department’s use of Military Equipment in 2023 complied with the Department’s funding, acquisition and use policy (Policy 708) and applicable State Laws; and (3) renewing Ordinance No. 1037, thereby determining that Policy 708 would be continued without change.
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD (1) ACCEPTING THE 2024 MILITARY EQUIPMENT
ANNUAL REPORT, (2) DETERMINING THAT THE POLICE
DEPARTMENT’S USE OF MILITARY EQUIPMENT IN 2024
COMPLIED WITH POLICY 708 AND APPLICABLE STATE LAW, (3)
RENEWING ORDINANCE NO. 1037, THEREBY DETERMINING
THAT POLICY 708 SHOULD BE CONTINUED WITHOUT CHANGE,
AND (4) APPROVING THE BPD’S PURCHASE OF MILITARY
EQUIPMENT TO PRESERVE LIFE AND ENHANCE THE SAFETY OF
CITIZEN’S AND OFFICERS.
WHEREAS, Assembly Bill 481 (AB 481), approved on September 30, 2021, by Governor Gavin Newsom (codified as Chapter 12.8 of the California Government Code, starting at section 7070), requires all California law enforcement agencies, including the Brentwood Police Department, to have a military equipment use policy approved by the agency’s governing body prior to requesting, seeking funding for, acquiring, collaborating with other jurisdictions about the deployment of military equipment, or using military equipment; and
WHEREAS, on April 26, 2022, the City Council of the City of Brentwood waived the first reading of Ordinance No. 1037, as well as Brentwood Police Department Policy 708 (‘Military Equipment, Acquisitions, and Use’), as required by AB 481; and
WHEREAS, on May 10, 2022, the City Council waived the second reading of and adopted Ordinance No. 1037, and Brentwood Police Department Policy 708 (‘Military Equipment, Acquisitions, and Use’), as required by AB481; and WHEREAS, on May 9, 2023, the City Council adopted Resolution No. 2023-51 (1) accepting the 2022 Military Equipment Annual Report; (2) determining that the Brentwood Police Department’s use of Military Equipment in 2022 complied with the Department’s funding, acquisition and use policy (Policy 708) and applicable State Laws; and (3) renewing Ordinance No. 1037, thereby determining that Policy 708 would be continued without change; and
WHEREAS, on April 23, 2024, the City Council adopted Resolution No. 2024- 44 (1) accepting the 2023 Military Equipment Annual Report; (2) determining that the Brentwood Police Department’s use of Military Equipment in 2023 complied with the Department’s funding, acquisition and use policy (Policy 708) and applicable State Laws; and (3) renewing Ordinance No. 1037, thereby determining that Policy 708 would be continued without change; and
WHEREAS, Policy 708, Ordinance No. 1037, and Government Code section 7072 require the Police Department to do both of the following:
a. Publish annually a military equipment report for the prior calendar year (1) summarizing the use of each type of military equipment approved by Policy 708, (2) summarizing any complaints or concerns received about the military equipment, (3) providing the results of any internal audits and information about violations of Policy 708, and any actions taken in response, (4) providing the total annual cost for each type of approved military equipment and the source of funds for military equipment in the upcoming year, and (5) inventorying the quantity of each type of military equipment possessed and listing the quantity to be acquired in the upcoming year.
b. Hold annually at least one well-publicized and conveniently located community engagement meeting within 30 days of submitting and publicly releasing the military equipment annual report; and WHEREAS, the Police Department complied with both of these requirements:
a. On March 20, 2025, from 5:30-7:00 pm, the Department hosted a community engagement meeting at the Brentwood Community Center.
The meeting was well-advertised and offered the opportunity for members of the public to receive information and ask questions regarding the Department’s military equipment.
b. On March 27, 2025, the Police Department published its 2024 Military Equipment Annual Report to its website:
https://www.brentwoodca.gov/government/police/military-equipmentpolicy-reports; and WHEREAS, the City Council must annually review Policy 708 and the Department’s Military Equipment Annual Report and determine whether each type of military equipment identified in the report has complied with all of the following standards set forth in Government Code section 7071(e)(1)-(2); and WHEREAS, at its meeting of April 22, 2025, the City Council did so review Policy 708 and the Department’s Military Equipment Annual Report and determine whether each type of military equipment identified in the report has complied with all of the standards set forth in Government Code Section 7071(e)(1-2); and WHEREAS, the Police Department has complied with all requirements of Policy 708 for the year 2024.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby:
1) Accept the 2024 Military Equipment Annual Report;
2) Determine that the Police Department’s use of military equipment in 2024 complied with Policy 708 and applicable state law;
3) Renew Ordinance No. 1037, thereby determining that Policy 708 should be continued without change; and
4) Approve the Department’s purchase of military equipment to preserve life and enhance the safety of citizens and officers.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 22nd day of April 2025 by the following vote:
Policy
708
Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. • Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
Copyright Lexipol, LLC 2025/03/07, All Rights Reserved.
Published with permission by Brentwood Police Department Military Equipment - 491 Page 70 of 209
Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
708.2 POLICY
It is the policy of the Brentwood Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 708.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Brentwood Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
708.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
[Insert attachment here]
708.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a.
Copyright Lexipol, LLC 2025/03/07, All Rights Reserved.
Published with permission by Brentwood Police Department Military Equipment - 492 Page 71 of 209
Brentwood Police Department
Brentwood PD Policy Manual
Military Equipment
(b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 708.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 708.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 708.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
Copyright Lexipol, LLC 2025/03/07, All Rights Reserved.
Published with permission by Brentwood Police Department Military Equipment - 493 Page 72 of 209
1 TMENT
Brentwood Police Department
Annual Military Equipment Report
2024
2 Contents
Introduction ............................................................................................................................................................................ 6 Definitions............................................................................................................................................................................7-8 Summary of Military Equipment............................................................................................................................................. 9 Unmanned Aerial Vehicles (UAV’s)................................................................................................................................ 10 DJI Matrice 30T ............................................................................................................................................................. 11 DJI Mavic 3T Enterprise Advanced................................................................................................................................ 11 Loki MKII........................................................................................................................................................................ 12 DJI Avata 2..................................................................................................................................................................... 12 Armored Rescue Vehicle................................................................................................................................................... 13 Medivac G2 ................................................................................................................................................................... 13 Mobile Command Vehicles................................................................................................................................................ 14 Crisis Negotiations Vehicle / Command Post Vehicle.................................................................................................... 14 SWAT Van...................................................................................................................................................................... 14 Breaching Equipment........................................................................................................................................................ 15 Breaching Shotguns / Ammunition............................................................................................................................... 15 Remington 870 Police Magnum.......................................................................................................................................... 15 TESAR -1 Breaching Shotgun Round.............................................................................................................................. 16 TESAR-2 Breaching Shotgun Rounds................................................................................................................................... 16 TESAR-3 Breaching Shotgun Rounds................................................................................................................................... 16 TESAR-4 Breaching Shotgun Rounds................................................................................................................................... 17 HP Cutter Breaching Shotgun Rounds……………………………………………………………………………………………………………………..17 Specialized Firearms…………………………………………………………………………………………………………………………………………………….18 Patrol Rifles………………………………………………………………………………………………………………………………………………………………..18 COLT M4 EPR 5.56 SBR Semi-Auto................................................................................................................................ 19 LWRC International IC-PSD 5.56 ................................................................................................................................... 19
3 SWAT Rifles ..................................................................................................................................................................................... 20 Colt M4 Commando Automatic ..................................................................................................................................... 20 LMT MARS-LA 5.56 Automatic ...................................................................................................................................... 21 MP 5 Submachine Guns................................................................................................................................................. 22 HK MP5 Submachine Gun.............................................................................................................................................. 22 Semi-Auto Shotguns ........................................................................................................................................................ 23 HK, Super 90, Benelli 12GA .......................................................................................................................................... 23 .308 Bolt Action Sniper Rifles............................................................................................................................................ 24 Accuracy International MKIII Bolt Action Rifle ............................................................................................................. 24 Specialized Ammunition.................................................................................................................................................... 25 .223 Caliber or 5.56mm Rifle Ammunition ....................................................................................................................... 25 Winchester .223 X 45mm 55 grain full metal jacket..................................................................................................... 25 PMC-.223 55 grain full metal jacket……………………………………………………………………………………………………………………….25 Hornady .223 Remington 55 grain TAP Urban ............................................................................................................. 26 Precision Ammunition .223 Frangible ........................................................................................................................... 26 .308 Caliber Rifle Ammunition .......................................................................................................................................... 27 Hornady 308 Win 168 grain TAP .................................................................................................................................. 27 Hornady .308 165 grain TAP Barrier................................................................................................................................... 27 Specialized Accessories..................................................................................................................................................... 28 Suppressors....................................................................................................................................................................... 28 Surefire Suppressor…………………………………………………………………………………………………………………………………………………28 LMT Defense Suppressor .............................................................................................................................................. 29 Noise Flash Diversionary Devices (NFDD’s) ...................................................................................................................... 30 Diversionary Devices......................................................................................................................................................... 30 Royal Arms Flash Bank Cartridge Brown Cap................................................................................................................ 30 Royal Arms Flash Bang Cartridge Red Cap.................................................................................................................... 30 40 mm Signaling Flare 50m ........................................................................................................................................... 31 Low Roll Distraction Device Body .................................................................................................................................. 31 Distraction Device 12-gram Reload ............................................................................................................................... 31 Distraction Device 4-gram Reload ................................................................................................................................. 32 Distraction Device 6-Bang………………………………………………………………………………………………………………………………………..32
4 Chemical Agents and Chemical Agent Delivery Devices.................................................................................................... 33 Gas Ram................................................................................................................................................................................ 34 Burn Safe....................................................................................................................................................................... 34 40mm Signaling Flare 50m with CS Payload................................................................................................................. 34 Stinger CS Riot Control Grenade................................................................................................................................... 35 Aardvark Aerosol OC/CS Grenade....................................................................................................................................... 35 Ferret 40mm Powder Barricade Round CS ................................................................................................................... 36 37mm Spede-Heat Chemical Grenade.......................................................................................................................... 36 5230 CS Canister Grenade……………………………………………………………………………………………………………………………………….36 Kinetic Energy Weapons and Munitions ........................................................................................................................... 37 40mm Launchers............................................................................................................................................................... 37 40mm Single Shot Launcher ......................................................................................................................................... 38 40mm 4-Shot Launcher....................................................................................................................................................... 38 40mm 6-shot Launcher................................................................................................................................................. 39 40mm Ammunition........................................................................................................................................................... 39 40mm Standard Range Sponge Round ......................................................................................................................... 40 Pepper Ball Launchers and Pepper Ball Munitions........................................................................................................... 40 Pepper Ball Launcher FTC Pro ....................................................................................................................................... 41 Live X Projectile Pepper Ball Munition ................................................................................................................................ 41 Sabre- Projectile Pepper Ball Munition…………………………………………………………………………………………………………………….41 Inert Projectile Pepper Ball Munition............................................................................................................................ 42 Sting Ball Munitions.......................................................................................................................................................... 42 Stinger CS Rubber Ball Grenade .................................................................................................................................... 43 Military Equipment Use Summary 2024 ................................................................................................................................ 44 UAV ............................................................................................................................................................................... 44 Armored Rescue Vehicle............................................................................................................................................... 44 Mobile Command Vehicle ............................................................................................................................................. 45 Breaching Shotgun and Breaching Ammunition............................................................................................................ 45 Specialized Firearm Patrol............................................................................................................................................. 45 Specialized Firearm SWAT............................................................................................................................................. 46 Specialized Firearm .308 Sniper .................................................................................................................................... 46
5 Diversionary Devices..................................................................................................................................................... 46 Chemical Agents............................................................................................................................................................ 46 Chemical Agent Delivery ............................................................................................................................................... 47 Kinetic Energy Weapons and Munitions........................................................................................................................ 47 Pepper Ball Launchers and Munitions.......................................................................................................................... 47 Sting Ball Munitions....................................................................................................................................................... 47 Complaints Summary Regarding Military Equipment Usage................................................................... 48 2024 Equipment Purchases ............................................................................................................... 49 Projected Military Equipment Acquisition 2025.................................................................................... 50
Internal Inventory and Audit ................................................................................................................................................ 50 Conclusion .....................................................................................................................................51
6 Introduction
On September 30, 2021, the Governor of the State of California approved Assembly Bill 481 (codified as Chapter
12.8 of the California Government Code) requiring law enforcement agencies such as the Brentwood Police Department to have a military use policy approved by the City Council prior to requesting, seeking funding, acquiring or using military equipment. Assembly Bill 481 allows the governing body to approve the policy within its jurisdiction only if it determines that the military equipment meets Specified Standards.
On May 10, 2022, the City of Brentwood City Council approved Ordinance 2022-1037 approving Brentwood Police Department Policy 708: Military Equipment. As required by Assembly Bill 481 and the Ordinance, annually the Brentwood Police Department must prepare a report on the use of each type of military equipment approved in the Policy over the previous year. Subsequently, the City Council must then review the Ordinance, Policy and Annual Report, and determine whether the Department’s use of military equipment in the previous year complied with the Policy, and whether to continue the Ordinance and Policy, take action (by ordinance) to modify the Policy or repeal the Ordinance.
As set forth in the Policy, the Brentwood Police Department retains and employs limited military equipment to safeguard its community. BPD officers, certified instructional staff, and specialized units receive training on the use of military equipment approved under the Policy.
This Annual Report outlines the Brentwood Police Department’s military equipment inventory and usage, community complaints over use of military equipment, and internal audits from January 1, 2024 through December 31, 2024. The Department will submit its Military Equipment Annual Report to City Council after December 31st of every year in compliance with Assembly Bill 481.
The San Diego Police Department retains and employs a wide variety of military equipment to assist in safely achieving the furtherance of its mission statement to “maintain public safety by providing the highest quality police services to all of our communities.” While the inventory of military equipment is varied, the mere possession of the equipment does not warrant its incident.
The San Diego Police Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of military e
u commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner. The use of military equipment is restrict se only in certain instances and in some cases only by certain units. While the military equipment procedure is wide-ranging, it
7 Definitions
Pursuant to Assembly Bill 481, the following definitions are applicable only to the Department’s current military equipment inventory and potential future military equipment acquisitions for operational needs. (For a more detailed list, refer to Government Code section 7070, for “military equipment” as defined within the Assembly Bill.)
“Military equipment” means the following:
1. Unmanned, remotely piloted, powered aerial or ground vehicles. This definition applies to the Department’s inventory of Unmanned Aircraft Vehicles (UAV’s).
2. Armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this definition. This definition applies to the Department’s Armored “Lenco” Rescue Vehicle.
3. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. This definition applies to all of the Department’s inventory of Command and Control Vehicles
4. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this definition. This definition applies to all of the Department’s inventory of explosive breaching equipment, breaching shotguns, and breaching shotgun rounds, which are all maintained by the SWAT Unit.
5. Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standardissue shotgun ammunition.
6. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to sworn members. This definition applies to all of the Department’s inventory of rifle caliber carbines, sniper rifles, and associated ammunition.
7. Any firearm or firearm accessory that is designed to launch explosive projectiles.
8. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service- issued handheld pepper spray. This definition applies to all of the Department’s inventory of flashbangs, and related launchers and ammunition. Additionally, this definition applies to all of the Department’s inventory of various chemical agents and chemical agent delivery systems maintained by the SWAT Unit. These delivery systems are capable of dispersing chemical agents via burning, expulsion, liquid, or fog.
9. Long Range Acoustic Device (LRAD).
10. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons. This definition applies to all of the Department’s inventory of 40 mm projectile launchers to include 40 mm multi-launchers and
8 associated munitions.
11. Any other equipment as determined by a governing body or a state agency to require additional oversight.
“Military equipment use policy” refers to the Brentwood Police Department Procedure and means a publicly released, written document governing the use of military equipment by the Department that addresses, at a minimum, all of the following:
1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
2. The purposes and authorized uses for which the Department proposes to use each type of military equipment.
3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards and Training (POST), that must be completed before any sworn member is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
7. The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the Department will ensure that each complaint, concern, or question receives a response in a timely manner.
9 Summary of Military Equipment
The inventory of military equipment, particularly consumable material (ammunition, diversionary devices, Extended Range Impact Weapon –ERIW munitions, etc.) fluctuates regularly. This is based on a variety of factors including but not limited to operational usage, operational deterioration, training, maintenance, and expiration and replenishment guidelines. The Brentwood Police Department is committed to transparency in disclosing its military equipment inventory and related information to our community and elected officials in compliance with the law. The Department strives to provide the most accurate military equipment inventory and information.
Department Inventory of Military Equipment – Calendar Year 2024 (Jan 2024 – Dec 2024) The inventory of certain items of consumable military equipment (i.e. ammunition, diversionary devices, chemical agents, etc.) can fluctuate throughout the year. This can be due to operational usage, training usage, operational wear, and/or manufacturer recommended replacement guidelines. While the Department strives to provide accuracy in its inventory reporting as prescribed by law, certain consumable items are approximate and all totals reflected are the result of an annual count conducted during the month of December 2024.
Due to the age of many items (many of which were purchased before the implementation of Assembly Bill 481), the purchase prices listed are approximate and might vary from today’s prices compared to when the equipment was originally purchased. Additionally, prices of individual items might vary depending if the item was purchased as part of a bundle package or bulk quantity.
The following are the various types, descriptions, and guidelines for usage of military equipment currently employed by the Brentwood Police Department. Photos depicted are to provide a visual representation of the equipment and may not be exact:
10 Unmanned Aerial Vehicles
Unmanned Aerial Vehicles (UAV’s): The unmanned Aerial Vehicle (UAV) is a battery powered, remote operated device designed for gathering information through imaging and recording. Flight time of approximately 30-45 minutes per battery, depending on weather and flight conditions. The UAV has also proven to be useful to public safety agencies in firefighting, search and rescue, pre-operational surveillance, and other tactical situations where aerial views enhance the safety and efficiency of the community, law enforcement and fire personnel.
Purpose: To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
a. Missing persons investigations
b. Search and rescue operations
c. Disaster management
d. Suspected explosive devices
e. Perimeter searches and security
f. Crime and accident scene preservation and documentation g. Supporting criminal investigations
h. Special Events and community demonstrations
i. Training missions
Authorized Usage: Only assigned operators who have successfully completed The Federal Aviation Administration’s (FAA) Aeronautical Knowledge Test for the Remote Pilot Airman Certificate and possess a valid 107 pilot’s license shall be permitted to operate Brentwood Police Department’s UAV’s approved missions.
Training Requirements: Operators receive POST certification, train regularly as a team, maintain a current and valid pilot’s license, and seek additional advanced training as needed/available.
Legal and Procedural Rules: Use is established under the FAA Regulation 14 CFR Part 107 and the Brentwood Police Department UAV policy (BPD policy 613 and 708). Per policy, the Department will only utilize UAV’s for official law enforcement purposes and in a manner that respects the privacy of our community, pursuant to State and Federal law.
Fiscal Impact: $0-$10,000
Lifespan: Approximately 3-5 years.
11 DJI Matrice 30T
Quantity: 1
Purchase Cost: $10,000
Manufacturer: DJI
Description: Designed for commercial and first responder use in harsh conditions, the Matrice 30T Enterprise Drone from DJI can withstand water, dirt, dust, wind, and extreme temperatures from -4° up to 122°F. 52 mph max speed and elevate it up to 4.4 miles in the sky to record up to 4K30 resolution. Each camera has unique properties you can take advantage of. The 12MP wide-angle lens offers an 84° field of view, while the 48MP zoom can get up close with 5 to 16x optical zoom and a 200x hybrid zoom. During industrial or first responder flights, the thermal camera can be essential in finding individuals during search and rescue missions or detecting potentially hazardous conditions on inspection flights.
DJI Mavic 3T Enterprise Advanced
Quantity : 6
Purchase Cost: $5,000
Manufacturer: DJI
Description: The DJI Mavic 3T has the same telecamera as the Mavic 3E, a 48 MP camera with a 1/2- inch CMOS sensor, as well as a thermal camera with a Display Field of View (DFOV) of 61-degree and an equivalent focal length of 40mm with 640×512 px resolution.
The drone’s thermal camera supports point and area temperature measurement, high- temperature alerts, color palettes, and isotherms to help operators find hot spots and make quick decisions. With a simultaneous split-screen zoom, the Mavic 3T’s thermal and zoom cameras support 28x continuous side-by-side digital zoom for easy comparisons.
12 Loki MKII
Quantity: 2
Manufacturer: Sky Hero
Purchase Cost: $5,000
Description: Purpose built for close quarter indoor tactical scouting missions, LOKI Mk2 features a highly sensitive Day-Night + IR sensor camera giving it the ability to fly and see in complete darkness.
DJI Avata 2
Quantity: 2
Manufacturer: DJI
Purchase Cost: $1,200
Description: Built for deployment in challenging environments, the Avata 2 features a lightweight and durable frame that allows it to maneuver through tight spaces, such as alleys, buildings, or vehicles, without compromising stability or performance. Equipped with a 4K ultra-HD camera and low-light capabilities, it ensures clear, detailed visuals for critical operations like suspect tracking, search and rescue missions, and accident scene documentation.
13 Armored Rescue Vehicle
Armored Rescue Vehicle: A 4X4, wheeled, armored personnel carrier capable of providing high ballistic protection, cover, chemical agent deployment, limited breaching capability, and transport of officers and/or civilians at critical incidents and high-risk tactical operations.
Capability: Can support civilians and first responders in hazardous, high risk, or critical incident which would benefit from having a vehicle that provides a high level of ballistic protection.
Usage: To be deployed to assist officers or incident commanders with the following situations, which include but are not limited to:
SWAT Deployments
Patrol Emergencies
Mutual Aid
A means of deterring crime
Community Engagement Events
Training requirements: The Tactical Commander or their designees is responsible for ensuring members of the department are properly trained annually to operate the vehicle.
Authorized Use: Requires Class C license to operate.
Legal and Procedural Rules: Use is established under the California Vehicle Code and Department policies 408, 706 and 708.
Fiscal Impact: Under 3 year warranty
Lifespan: Approximately 20 years depending on operational usage.
Medivac G2 – 2 Door Model
Quantity: 1
Purchase Cost: $367,907
Manufacturer: Lenco
Description: Ballistic Rating (NIJ IV) capable of withstanding .50 Caliber Rounds to the body and glass. Hydraulic Ram capable of breaching barricaded structures and deploying less lethal chemical agents. Equipped with two medical stretchers, deployable for field rescue and evacuations. Medical Supply Cabinets with workstation and onboard oxygen supply tanks.
14 Command Vehicles
Mobile Command Vehicles: Completely self-contained command posts designed to provide the Incident Commander with a mobile base of operation.
Capability: As a mobile base of operation, these vehicles contain specialized command, control, and communications equipment to assist with this mission.
Usage: Mobile Command Vehicles are to be utilized as an Incident Command Post for planned or unplanned events and/or serves the needs of Crisis Negotiators.
Training requirements: The Tactical Commander or their designees is responsible for ensuring members of the department are properly trained annually to operate the vehicle.
Authorized Use: Requires Class C license to operate.
Legal and Procedural Rules: Use is established under the California Vehicle Code and Department policies 406, 408, 412, 414, and 708.
Fiscal Impact: Repairs $0-1,500
Lifespan: Dependent on operational usage and wear (estimated 20 years).
CNT / Command Post Vehicle
Quantity: 1
Purchase Cost: $76,589
Manufacturer: Ford 450 (2006)
Description: The Command Post Vehicle is a mobile command vehicle that houses the Command Personnel and or Crisis Negotiators during a critical incident. The vehicle is equipped with communications equipment to assist with the mission.
SWAT Van
Quantity: 1
Purchase Cost: $31,310
Manufacturer: Ford Step Van (2006)
Description: The SWAT van is utilized to transport SWAT personnel and their equipment to the scene of a critical incident.
15 Breaching Equipment
Breaching Shotguns/Ammunition: During crisis situations, it may become necessary for a SWAT team to facilitate an entry into a target location. It is critical the point of entry is breached quickly and as safely as possible. A quick and effective breach is one key to a successful tactical mission. In some instances, a breach initiated by a breaching shotgun loaded with specialized breaching rounds may be required to provide an added degree of safety and tactical advantage in order to accomplish a mission.
Capability: An effective shotgun breach can defeat fortified doors and locks. Effective breaching techniques allow tactical officers immediate entry with minimal risk to victims, officers, and suspects.
Usage: Breaching shotguns/ammunition are to be exclusively used by the SWAT operators who have received certified training with POST. Breaching shotguns/ammunition are used to breach doors expeditiously and can be used in response to barricaded suspects, hostage rescue incidents, and active shooters.
Training requirements: SWAT Officers that are trained in the use of breaching shotguns/ammunition must successfully complete a POST certified Breaching Course. Furthermore, SWAT Officers must remain proficient in its application through training.
Procedural Rules: Use is established under Department policies 311, 408, and 708.
Fiscal Impact: 0-$500 Shotgun / $3,400 Ammunition
Lifespan: Varies on operational usage.
Remington 870 Police Magnum – 12 gauge breaching shotgun Quantity: 1
Purchase Cost: $750
Manufacturer: Remington
Description: The Remington 870 Police Magnum pump-action shotgun is a rugged 12-gauge with a short, tactical 18” barrel backed by a stout 3” chamber.
Remington 870 Police Magnum
16 TESAR -1 Breaching Shotgun Round
Quantity: 13
Purchase Cost: $40 / 5 rounds
Manufacturer: Royal Arms International
Description: Orange Cap 2-3/4” 275 Grain Compressed Copper Frangible 12 Ga Shotgun Slug.
Slug Material: Copper Powder
Velocity: 1,750 Ft p/sec -18” Barrel
Use: For Wood Doors, Solid & Hollow
Defeats: Solid Wood Doors, Locks & Hinges
TESAR-2 Breaching Shotgun Rounds
Quantity: 200
Purchase Cost: $700 / 100 rounds
Manufacturer: Royal Arms International
Description: Black Cap 2-3/4” 425 Grain Compressed Copper Frangible 12 Ga Shotgun Slug.
Slug Material: Copper Powder
Velocity: 1,525 Ft p/sec -18” Barrel
Use: For Metal Doors, Locks & Hinges
Defeats: Heavy Locks, Dead-bolts and Hinges (Solid Oak – Steel Doors) TESAR-3 Breaching Shotgun Rounds
Quantity: 17
Purchase Cost: $32.50 / 5 rounds
Manufacturer: Royal Arms International
Description: Green Cap 2-3/4” 400 Grain Frangible 12 Ga Shotgun Slug. Slug Material: Copper Powder
Velocity: 1,500 Ft p/sec -18” Barrel
Use: For Wood Doors, Locks & Hinges
Defeats: Locks, Cross-bolts and Hinges (Hollow Core Doors - Light Steel Doors)
17 TESAR-4 Breaching Shotgun Rounds
Quantity: 32
Purchase Cost: $45 / 5 rounds
Manufacturer: Royal Arms International
Description: Blue Cap 2-3/4” 500 Grain Frangible 12 Ga Shotgun Slug. Slug Material: Copper with S-70 Steel Shot
Velocity: 1,350 Ft p/sec -18” Barrel
Use: For Commercial Heavy Steel Doors
Defeats: Commercial Locks & Hinges
HP Cutter
Quantity: 24
Purchase Cost: $45 / 5 rounds
Manufacturer: Royal Arms International
Description: Silver Cap 2-3/4” 450 Grain Hardened Steel Non-Frangible 12 Ga Shotgun Slug.
Slug Material: 4140 Chromoly Steel
Velocity: 1,400 Ft p/sec -18” Barrel
Use: Cuts re-bar, penetrates security glass, car doors, punches into engine blocks Defeats: Penetrates security glass, car doors, punches into engine blocks
18 Specialized Firearms
Patrol Rifles: A semi-automatic shoulder-fired long gun that fires a rifle caliber cartridge. The Departmentapproved style weapons systems are designed to fire .223 / 5.56.
Capability: The rifle caliber carbine provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Additionally, rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation.
Usage: Members may deploy the patrol rifle in any circumstance where the member can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include, but are not limited to:
a. Situations where the member reasonably anticipates an armed encounter. b. When a member is faced with a situation that may require accurate and effective fire at long range. c. Situations where a member reasonably expects the need to meet or exceed a suspect's firepower. d. When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
e. When a member reasonably believes that a suspect may be wearing body armor. f. When authorized or requested by a supervisor.
g. When needed to euthanize an animal.
Training Requirements: Prior to the use of specialized firearms listed within this section, all officers must be certified by POST instructors in the maintenance and operation of such firearms.
Legal and Procedural Rules: Use is established under Department policies 300, 308, 311, and 708. It is the policy of this Department to utilize specialized firearms only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.
Fiscal Impact: $0-$1,000 annual maintenance
Lifespan: All rifles have an approximate lifespan of 15 years.
19 Colt M4 EPR 5.56 SBR Semi-Auto
Quantity: 60
Purchase Cost: $790
Manufacturer: Colt Manufacturing LLC
Description: Built for the demanding use of those who protect our communities every day, the Colt Enhanced Patrol Rifle (EPR) is the next evolution in the world's most dependable, thoroughly field-tested patrol rifle. Featuring an extended hand guard that accepts modular rail segments for mounting a wide variety of pro-grade optics, lighting, and ergonomics-enhancing accessories
Colt M4 Enhanced Patrol Rifle 5.56 Short Barrel Rifle
LWRC International, IC-PSD, 5.56
**Assigned to Traffic Division**
Quantity: 4
Purchase Cost: $2,500
Manufacturer: LWRC International
Description: LWRC International IC-PSD semi-automatic short-barreled rifle chambered in 5.56x45mm NATO.
This SBR features an 8.5-inch threaded barrel, 1:7” RH rate of twist, 1/2x28” thread pitch, short stroke gas piston, ambidextrous controls, flip up sights, rubber pistol grip, and an adjustable compact LWRC stock.
LWRC International, IC-PSD, 5.56
20 SWAT Rifles: A fully automatic shoulder-fired long gun that fires a rifle caliber cartridge. The Departmentapproved style weapons systems are designed to fire 9mm and .223/5.56.
Capability: The rifle caliber carbine provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Additionally, rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation.
Usage: In recognition of the fact that operations of the Brentwood Police Department SWAT team involve hazardous conditions, and that the safety of citizens, officers, and suspects is of primary concern, the SWAT team is equipped with Specialized Firearms.
Training Requirements: Prior to the use of the specialized firearms listed within this section, all officers must be certified by POST instructors in the maintenance and operation of such firearms and successfully complete a POST SWAT Academy.
Legal and Procedural Rules: Use is established under Department policies 300, 308, 311, 408 and 708. It is the policy of this Department to utilize specialized firearms only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.
Fiscal Impact: $0-$1,000 annual maintenance
Lifespan: 15 years
Colt M4 Commando Automatic Rifle
**Assigned to SWAT Officers**
Quantity: 15
Purchase Cost: $1,400
Manufacturer: Colt Manufacturing LLC
Description: The Colt M4 Commando is a modern automatic rifle designed for close-quarters combat in urban environments. It is compact, well-balanced, and ergonomically designed to be highly efficient in the hands of a skilled shooter. Its straight construction improves accuracy, and the low weight of the weapon facilitates aiming and target acquisition.
Colt M4 Commando Automatic
21 LMT, MARS-LA, 5.56, Automatic Rifle
**Assigned to SWAT Officers**
Quantity: 16
Purchase Cost: $1,800
Manufacturer: Lewis Machine & Tool
Description: This rifle utilizes the patented LMT Monolithic Rail Platform (MRP) upper receiver, the only AR-15 upper that incorporates the handguard and receiver as one component. This state-of-the-art design is CNC machined from a single piece of forged aerospace aluminum resulting in benefits and functionality unmatched in the industry.
Integrating this upper receiver with an MRP barrel creates an incredibly simplistic modular platform in which the barrel is held in place with a proprietary locking system utilizing two locking bolts on the right side of the receiver.
LMT MARS-LA, 5.56 Automatic
22 MP-5 Submachine Guns: A compact, modular, lightweight, shoulder fired, submachine gun capable of semiautomatic or automatic fire chambered in 9mm.
Capability: The MP-5 submachine gun provides the ability to deliver precision gun fire with a shoulder fired weapons system that is accurate, reliable, and safe. Its compact design allows for ease of maneuverability when operating in the open or within interior environments.
Usage: The use of the MP-5 submachine gun is relegated to officers assigned to the SWAT Unit. This weapons system is currently being phased out due to age.
Training Requirements: Currently there are no officers assigned or using this weapons platform. It is anticipated that these weapons will be removed from inventory during 2025.
Legal and Procedural Rules: Use is established under Department policies 300, 308, 311, 408 and 708. It is the policy of this Department to utilize specialized firearms only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.
Fiscal Impact: None
Lifespan: End of Life
HK MP5 Submachine Gun
Quantity: 1
Purchase Cost: Unknown due to age
Manufacturer: Heckler & Koch
Description: Probably the most popular series of submachine guns in the world, it functions according to the proven roller-delayed blowback principle. Tremendously reliable, with maximum safety for the user, easy to handle, modular, extremely accurate and extraordinarily easy to control when firing – HK features that are particularly appreciated by security forces and military users worldwide.
HK MP5 Submachine Gun
23 Semi-Automatic Shotguns
Shotguns: A weapon designed and intended to be fired from the shoulder to use the energy of an explosive to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
Capability: Semi-automatic
Usage: A tactical or defensive shotgun for tactical operations.
Training Requirements: Currently there are no officers assigned or using this weapons platform. It is anticipated that this weapon will be removed from inventory during 2025.
Legal and Procedural Rules: Use is established under Department policies 300, 308, 311, 408 and 708. It is the policy of this Department to utilize specialized firearms only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.
Fiscal Impact: None
Lifespan: End of Life
HK, Super 90, Benelli, 12GA
Quantity: 1
Purchase Cost: $2,000
Manufacturer: Heckler & Koch
Description: When you pull the trigger, the round is fired, and the action remains locked momentarily. As the shot exits the barrel, pressure drops, allowing the bolt to turn and unlock. The carrier assembly then retracts, ejecting the spent shell and loading a new one from the under-barrel magazine. This process happens rapidly, as fast as you can pull the trigger
HK Super 90 Benelli, 12 GA, Semi-Auto
24 .308 Bolt Action Sniper Rifles
.308 Bolt Action Rifles: A bolt-action shoulder-fired rifle with precision optics that fires a .308 Winchester cartridge.
Capability: The .308 bolt action Sniper Rifle provides SWAT Snipers the ability to engage hostile suspects at great distances with precision rifle fire.
Usage: .308 bolt action Sniper Rifles are to be used exclusively by officers assigned to the SWAT Sniper Team. These rifles are typically deployed with the SWAT Sniper Team during high-risk SWAT operations and special events or instances wherein Sniper Over Watch Teams are needed.
Training Requirements: SWAT Snipers must successfully complete a POST Certified SWAT Academy as well as a POST certified Sniper School. Operators are to maintain proficiency through training.
Legal and Procedural Rules: Use is established under Department policies 300, 308, 311, 408 and 708. It is the policy of this Department to utilize specialized firearms only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.
Fiscal Impact: Annual Maintenance is approximately $0-100 per rifle.
Lifespan: Barrel life rated for approximately 5,000 rounds.
Accuracy International MKIII .308 Bolt Action Rifle
Quantity: 2
Purchase Cost: $5,000
Manufacturer: Accuracy International
Description: The Accuracy International AX MKIII is a combat-proven sniper rifle designed to meet operational needs around the world. It has been utilized by various military and law enforcement units, including special forces, reconnaissance teams, and counter-terrorism units. The rifle’s precision, reliability, and adaptability make it a preferred choice for professionals who require exceptional accuracy in their missions.
Accuracy International MKIII Bolt Action Rifle
25 Specialized Ammunition
.223 Caliber or 5.56mm Rifle Ammunition: Rifle ammunition manufactured specifically for rifles chambered in 5.56mm or .223. Currently there are two types of .223/5.56mm caliber rifle ammunition in use operationally by the Department.
Capability: .223 caliber or 5.56mm rifle ammunition used in conjunction with a rifle provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Rifle ammunition offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation.
Usage: The usage guidelines for .223 caliber or 5.56mm ammunition used in conjunction with rifles currently in our inventory.
Training Requirements: The training requirements for .223 and 5.56mm ammunition used in conjunction with rifles in our inventory.
Legal and Procedural Rules: Use is established under Department policies 300, 308, 311, 408 and 708. It is the policy of this Department to utilize specialized firearms only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.
Fiscal Impact: $20,000 annually to maintain inventory
Lifespan: Approximately 5 year shelf life.
Winchester – .223 X 45mm 55 grain full metal jacket
Quantity: 36,000
Purchase Price: $0.45/round
Manufacturer: Winchester
Description: Department Training Ammunition
PMC - .223 55 grain full metal jacket
Quantity: 42,000
Purchase Price: $0.42/round
Manufacturer: PMC
Description: Department Training Ammunition
26 Hornady – .223 Remington 55 grain TAP Urban
Quantity: 6,800
Purchase Cost: $1.30/round
Manufacturer: Hornady
Description: The Hornady 223 Rem 55 gr. TAP Urban is the preferred choice for use in SBRs, carbines, and rifles when the probability for barrier penetration is low. Rapid expansion provides dramatic wound cavities, massive fragmentation, and prevents over penetration on non-barrier engagements.
Precision Ammunition .223 Frangible
Quantity: 4,500
Purchase Cost: $560/1000 rounds
Manufacturer: Precision One
Description: Training ammunition designed for steel plate targets. Ammunition designed to disintegrate upon impact and avoid potential ricochet.
27 .308 Caliber Rifle Ammunition
.308 Caliber Rifle Ammunition: Rifle ammunition manufactured specifically for rifles chambered in .308 Caliber. Currently there are various types of .308 caliber rifle ammunition in use by the Department.
Capability: .308 rifle ammunition used in conjunction with a rifle chambered in .308 caliber and provides SWAT Snipers the ability to engage hostile suspects at great distances with precision rifle fire.
Usage: .308 ammunition in conjunction with rifles chambered in .308 caliber is to be used exclusively by officers assigned to the SWAT Sniper Team. This ammunition and .308 rifles are typically deployed with the SWAT Sniper Team during high-risk SWAT operations and special events or instances wherein Sniper Over Watch Teams are needed.
Training Requirements: SWAT Snipers must successfully complete a POST Certified SWAT Academy as well as a POST certified Sniper School. Operators are to maintain proficiency through training.
Legal and Procedural Rules: Use is established under Department policies 300, 308, 311, 408 and 708. It is the policy of this Department to utilize specialized firearms only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.
Fiscal Impact: As needed to maintain inventory
Lifespan: Approximately 5 year shelf life.
Hornady .308 Win 168 grain TAP
Quantity: 1,600
Purchase Cost: $1.64/round
Manufacturer: Hornady
Description: The 168 gr. bullet is a traditional match grade bullet with the performance advantages of a polymer tip. This bullet demonstrates an increase in penetration and retained weight over the 155 gr. bullet. Standard barrier performance is exemplary and this load demonstrates controlled and impressive soft tissue expansion without over penetration. The Hornady 168 gr. TAP Precision offers industry leading all-around performance for law enforcement precision marksmen providing the ability to stop a threat.
Hornady .308 165 grain TAP Barrier
Quantity: 400
Purchase Cost: $2.55/round
Manufacturer: Hornady
Description: TAP Heavy Barrier turns cover into concealment. It shoots cleaner than pure copper, fouls less and delivers devastating terminal performance. The CX bullet penetrates heavy barriers such as 1" laminated glass with exceptional weight retention while still delivering superior terminal performance.
28 Specialized Accessories
Suppressors: Suppressors enhance firearm performance and shooter safety by reducing gunshot noise, recoil, and muzzle flash.
Capability: A muzzle device that suppresses the blast created when a gun is discharged, thereby reducing the acoustic intensity of the muzzle report (sound of a gunshot) and jump, by modulating the speed and pressure of the propellant gas released from the muzzle. Like other muzzle devices, a silencer can be a detachable accessory mounted to the muzzle, or an integral part of the barrel.
Usage: The suppressors are affixed to the rifles (LMT MARS-LA, 556 Automatic) assigned to the SWAT Unit.
Training Requirements: Although they can be detached, SWAT officers keep these suppressors affixed to their rifles at all times and train with them regularly.
Legal and Procedural Rules: Use is established under Department policies 300, 308, 311, 408 and 708. It is the policy of this Department to utilize specialized firearms only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.
Fiscal Impact: Annual Maintenance is approximately $50.
Lifespan: All suppressors have an approximate lifespan equivalent to the life of its rifle.
Suppressor
Quantity: 15
Purchase Cost: $800
Manufacturer: Surefire
Description:
Suppresses visible flash up to 99%**
Eliminates first-round flash, a phenomenon common in most Five-inch overall length reduces weapon length for minimal impact on handling characteristics
Cutting-edge internal venting reduces back pressure, cyclic rate and gas blowback to significantly decrease operating temperatures Durable high-temperature Inconel alloy/stainless-steel construction ensures unrivaled dependability even with full-auto use
Tight tolerances and precision bore concentricity result in superior accuracy Fast-Attach® design allows fast, secure, easy attachment, and removal without tools
Durable construction delivers a long service life
Proudly designed and manufactured in the U.S.A.
**Lowest flash signatures recorded when using ammunition with flash retardant powder
29 Suppressor
Quantity: 4
Purchase Cost: $800
Manufacturer: LMT Defense
Description: VBS 5.56 Threaded, Over The Barrel Mounted Suppressor LMT has developed the next generation in suppressor design in partnership with Lawrence Livermore National Laboratories. The genesis of this concept came from work LLNL used to develop a revolutionary technology for USSOCOM. From this basic research LMT and LLNL worked to refine and commercialize the technology.
This new suppressor addresses the six key areas of modern suppressors:
• Reduced peak sound levels
• Lower operating temperatures
• Reduced backpressure
• Flash reduction
• Increased suppressor life
• Minimal increase in bolt carrier velocity
30 Noise Flash Diversionary Devices
Diversionary Devices: Canisters that emit a loud noise and bright light.
Capability: Diversionary Devices are capable of releasing large amounts of stored energy in the form of heat, light, pressure, and noise. They are intended to temporarily distract, confuse, and disorient subjects. They can also be used as “attention-getting” devices.
Usage: Diversionary Devices are to be used exclusively by the SWAT Unit. Diversionary Devices can be used in high-risk tactical operations as an attention getting device. They can also be used in limited instances during civil unrest when objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including the officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control.
Training Requirements: SWAT officers must successfully complete a POST Certified SWAT Academy that includes the use and training certification for these devices. Operators are to maintain proficiency through training.
Legal and Procedural Rules: Use is established under Penal Code 13652 and Department policies 300, 308, 309, 311, 408, 468, 615 and 708.
Fiscal Impact: As needed to maintain inventory
Lifespan: (5) year shelf life.
The Department currently possesses the following types of Diversionary Devices:
Royal Arms Flash Bang Cartridge Brown Cap
Quantity: 200
Purchase Cost: $500/100 rounds
Manufacturer: Royal Arms
Description: 175dB, 4psi of over pressure, 500K CP, minimal smoke, minimal heat
Royal Arms Flash Bang Cartridge Red Cap
Quantity: 200
Purchase Cost: $500/100 rounds
Manufacturer: Royal Arms
Description: Designed as a Less Lethal / Diversionary Round 185 dB can Breach solid wood doors, light Steel, sliders, Car windows and use in crawl spaces.
31 40 mm Signaling Flare 50m
Quantity: 108
Purchase Cost: $50
Manufacturer: Defense Technology
Description: The 40mm Aerial Warning/Signaling Munition, 50 meters, is intended for use in situations where stand-off distance is desired, giving the operator the ability to engage crowds, vehicles, or vessels. Launched from a 40mm platform, the munitions deflagrate at a set distance of 50 meters to deliver 170 dB of sound and 5 million candelas of light, noticeable in day or night conditions. A tactile feature on the nose of the cone indicates the designated distance.
Low Roll Distraction Device Body
Quantity: 15
Purchase Cost: $79
Manufacturer: Defense Technology
Description: The Low Roll Distraction Device is a reloadable gun steel body with hex design. This newest version of the first reusable non-bursting canisters limits movement and rolling once deployed. The diameter of the hex design body is 2.0 in., 5.0 cm. overall length is 5.0 in., 12.7 cm. The Low Roll bodies’ ergonomic features complement its powerful output of light, sound and twelve top port configuration which results in an even distribution of gases from the opposing ends of the canister. The distinctive shape and capabilities are tools for dynamic entries for police, corrections, and military tactical teams worldwide. The training reload are to be used only when they are screwed into the Distraction Device body.
Distraction Device 12-gram reload
Quantity: 7
Purchase Price: $41
Manufacturer: Defense Technology
Description: The Distraction Device Reload utilizes a standard military-style M201A1 type fuze and produces 175 dB of sound output at 5 feet and 6-8 million candelas for 10 milliseconds. The reload is available with and without a safety clip.
32 Distraction Device 4-gram reload
Quantity: 1
Purchase Price: $184
Manufacturer: Defense Technology
Description: The 4-Gram Distraction Device Reload produces a reduced light, and sound output ideal for when the full effects of the 12-Gram charge are not desirable. The 4-Gram Distraction Device Reload is used in training environment.
Distraction Device 6-Bang
Quantity: 20
Purchase Price: $155 per
Manufacturer: Combined Systems
Description: The patented multi-bangs feature top and bottom non-fragmenting, minimal movement devices that perform with high reliability incorporating CTS Superior fuze components with the patented and US Army adopted Confidence Clip and pin shroud.
33 Chemical Agents and Chemical Agent Delivery Devices
Chemical Agents and Chemical Agent Delivery Devices: Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Department as a non-lethal tool to disburse rioting subjects and/or barricaded subjects. CS (2-Chlorobenzylidenemalonoitrile) and OC (Oleoresin Capsicum) are commonly used by law enforcement agencies across the United States.
CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5oz or less). OC is an inflammatory agent which causes involuntary closure of eyes (open 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).
Capability: Depending on the delivery method, chemical agents are capable of being introduced in close proximity or from a distance. Depending on the type of delivery system and/or quantity, chemical agents can be used to saturate individual suspects, violent crowds, or areas of varied size. Situations for use of the less lethal weapon systems may include, but are not limited to:
Self-destructive, dangerous and/or combative individuals. Riot/crowd control and civil unrest incidents.
Circumstances where a tactical advantage can be obtained. Potentially vicious animals.
Training exercises or approved demonstrations.
Usage: Generally, during high-risk tactical incidents chemical agents can be used to dislodge a suspect from a stronghold location with the least possible danger to citizens, police, and the suspect. Chemical agents can also be used to prevent an armed suspect from accurately firing at citizens and/or officers. They can also be used in limited instances during civil unrest when objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including the officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control.
Training Requirements: Chemical agents are to be used exclusively by officers who have received POST certification in the use of chemical agents and are authorized to use chemical agents.
Legal and Procedural Rules: Use is established under Penal Code 13652 and Department policies 300, 308, 309, 311, 408, 468, 615 and 708.
Fiscal Impact: As needed to maintain inventory
Lifespan: Five (5) year shelf life on chemical agents.
No expiration on Chemical Delivery Devices. Varies on usage and wear.
34 Gas Ram: A metal device resembling a hand held pointed battering ram that can be loaded with a chemical agent canister. The gas ram can be used to introduce chemical agents into a location by piercing the wall, door, or roof of a structure.
Burn Safe: A metal cylindrical container designed to contain a pyrotechnic chemical agent canister and reduce fire hazard upon deployment into a structure.
Fiscal Impact: N/A
Gas Ram – Chemical Agent Delivery Device
Quantity: 1
Purchase Price: Unknown
Manufacturer: Unknown
Description: A multi use tool that can be utilized for forced entry as a door ram or be deployed as a pyrotechnic Non-Lethal Chemical Agent delivery system.
Burn Safe
Quantity: 2
Purchase Price: Unknown
Manufacturer: Defense Technology
Description: Designed to contain the flames inside the inner chamber thereby reducing the probability of starting a fire.
40MM Signaling Flare 50m with CS Payload
Quantity: 38
Purchase Price: $50
Manufacturer: Defense Technology
Description: The 40mm Aerial Warning/Signaling Munition, 50 meters, is intended for use in situations where stand-off distance is desired, giving the operator the ability to engage crowds, vehicles, or vessels. Launched from a 40mm platform, the munitions deflagrate at a set distance of 50 meters to deliver 170 dB of sound and 5 million candelas of light, noticeable in day or night conditions. A tactile feature on the nose of the cone indicates the designated distance.
35 Stinger CS Riot Control Grenade
Quantity: 29
Purchase Price: $48.75
Manufacturer: Defense Technology
Description: The Stinger CS Rubber Ball Grenade is a maximum effect device that delivers four stimuli for psychological and physiological effects: rubber pellets, light, sound, and CS. The Stinger Grenade is most widely used as a crowd management tool by Law Enforcement and Corrections. The Stinger Grenade has an initial 1.5 second delay that initiates fuze assembly separation, followed by another .5 second delay before the blast which is sufficient to project the rubber balls and chemical agent in a 50 foot radius.
Aardvark Aerosol OC/CS Grenade
Quantity: 6
Purchase Price: $216
Manufacturer: Defense Technology
Description: The Aerosol Grenade is most commonly used in tactical situations by Law Enforcement and Corrections and was designed with indoor operations in mind when a non fire-producing delivery system is desired. It is most effective when used in confined areas and close to the target area. Used to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. The Aerosol Grenade is ideal for cell extractions or barricade situations where the use of pyrotechnic, powder, or liquid devices is not practical or desired. The OC and CS combination provide sufficient effects in confined areas of up to 1,500 square feet. The Aerosol Grenade is not recommended for outdoor use.
36 Ferret 40mm Powder Barricade Round CS
Quantity: 35
Purchase Price: $23.75
Manufacturer: Defense Technology
Description: The Ferret 40 mm Barricade Penetrating Round is filled with a CS powder chemical agent. It is a frangible projectile that is spin stabilized utilizing barrel rifling. It is non-burning and designed to penetrate barriers. Primarily used to dislodge barricaded subjects, it can also be used for area denial. Primarily used by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impact the nose ruptures and instantaneously delivers the agent payload inside a structure or vehicle. 37mm Spede-Heat Chemical Grenade
Quantity: 20
Purchase Price: $31.50
Manufacturer: Defense Technology
Description: The Spede-Heat CS Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately
2.9 oz. of active agent.
5230 CS Canister Grenade
Quantity: 10
Purchase Price: $44.14 per
Manufacturer: Combined Systems
Description: Large diameter burning grenade that discharges a high volume of smoke and chemical agent through multiple emission ports. Specifically for outdoor use and should not be deployed on rooftops, in crawl spaces or indoors due to potential fire hazard. Can be hand thrown or launched. Discharge duration can reach up to 40 seconds.
37 Kinetic Energy Weapons and Munitions
40mm Launchers
40mm Launchers: A single shot or multi-shot Extended Range Impact Weapon (ERIW) launcher capable for firing a variety of 40mm rounds.
Capability: 40mm launchers are capable of firing a variety of munitions with a maximum effective range of one hundred twenty (120) feet. 40mm launchers can deliver 40mm munitions in the form of chemical agents, sponge baton rounds, or combined use sponge baton OC chemical agent rounds.
Usage: 40mm launchers utilized with less lethal sponge baton rounds are may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 40mm launchers utilized with less lethal sponge baton rounds may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon. 40mm launchers combined with less lethal 40mm sponge baton rounds are authorized to be used by any officer that has been trained in its use.
40mm launchers used to deploy 40mm chemical agent rounds are authorized to be used by SWAT Officers only.
Legal and Procedural Rules: Use is established under Penal Code 13652 and Department policies 300, 308, 309, 311, 408, 468, 615 and 708.
Training Requirements: Officers that have been trained in the use of the 40mm launcher undergo thorough classroom and live fire training in its use.
Fiscal Impact: $0-$500 annual maintenance
Lifespan: Defense Technology 40mm Launchers – Two (2) year limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear.
38 40 mm Single Shot Launcher
Quantity: 2
Purchase Price: $1,800
Manufacturer: Defense Technology
Description: The 40LMTS is a tactical 40mm single shot launcher that features an adjustable Integrated Front Grip (IFG). The Ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single and two point sling attachment. The 40LMTS will fire standard 40mm Less Lethal ammunition, up to 4.8 inches in cartridge length.
Defense Technology 40mm – Single Shot Launcher
40mm 4-Shot Launcher
Quantity: 2
Purchase Price: $1,800
Manufacturer: Defense Technology
Description: Designed for riot and tactical situations, the Defense Technology 40mm Tactical 4-Shot Launcher is low-profile and lightweight, providing multi-shot capability in an easy to carry launcher. It features an expandable gun stock, an adjustable Picatinny mounted front grip, and a unique direct-drive system to advance the magazine cylinder.
Defense Technology 40 MM 4 shot launcher
39 40mm 6-Shot Launcher
Quantity: 5
Purchase Price: $1,800
Manufacturer: Defense Technology
Description: Designed for riot and tactical situations, the Defense Technology 40mm Tactical 6-Shot Launcher is low-profile and lightweight, providing multi-shot capability in an easy to carry launcher.
Defense Technology 40 MM 6 shot launcher
40mm Ammunition
40mm Ammunition: The 40MM ERIW round is a sponge baton cartridge. The sponge round has a bluecolored nose with a black base. The casing is stainless.
Capability: 40mm ERIW direct impact rounds are capable of impacting a suspect at a maximum effective range of one hundred twenty (120) feet.
Usage: 40mm ammunition used in conjunction with 40mm launchers are authorized to be used by any officer that has been trained in its use.
Training Requirements: Officers that have been trained in the use of the 40mm impact ammunition in conjunction with the 40mm single launcher undergo thorough classroom and live fire training in its use.
Legal and Procedural Rules: Use is established under Penal Code 13652 and Department policies 300, 308, 309, 311, 408, 468, 615 and 708.
Fiscal Impact: $0-$5,000 annually to maintain inventory Lifespan: Five (5) year limited warranty. Five (5) year shelf life.
40 40mm Standard Range Sponge Round
Quantity: 39
Purchase Price: $25.95
Manufacturer: Defense Technology
Description: The 40 mm Sponge Round is a point-of-aim, point-of-impact directfire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore, have velocities that are extremely consistent. Used for Crowd Control, Patrol, and Tactical Applications.
Pepper Ball Launchers and Pepper Ball Munitions: A non-lethal munitions system that employs paint ball launchers to fire “pepper balls” that contain powdered OC in place of the paint. The pepper ball delivery system combines chemical agent exposure with kinetic energy impact to aid in its effectiveness in addressing armed and/or violent individuals or crowds. Pepper ball munitions also include glass breaking rounds and marking rounds.
Capability: Pepper ball launchers give officers the ability to address an armed and/or violent suspect(s) with a non-lethal munition that delivers both chemical agent and kinetic energy impact. This combination can be extremely effective in gaining compliance or reducing threat potential with an armed and/or violent suspect(s).
Due to its design, pepper balls can be delivered from a larger standoff distance allowing for an added degree of officer safety. Its high round capability and accuracy allow for its use in a wide variety of operational environments.
Usage: Pepper ball launchers and pepper ball munitions are to be used exclusively by the SWAT unit. Pepper ball launchers and pepper ball munitions can be used to address armed and/or violent individuals or crowds, limited instances of violent civil unrest consistent with Penal Code section 13652, suicidal individuals, and individuals believed to possess or have immediate access to a deadly weapon. Pepper ball munitions can be effective in driving suspects from confined spaces or vehicles. The use of pepper ball munitions is only authorized under certain circumstances and is contingent on the approval of a SWAT supervisor absent exigent circumstances.
Training Requirements: SWAT Officers must successfully complete a SWAT Academy to be certified in the use of pepper ball launchers and pepper ball munitions. SWAT Officers undergo regular extensive classroom and live fire proficiency training. Additionally, SWAT Officers are required to maintain proficiency.
Legal and Procedural Rules: Use is established under Penal Code 13652 and Department policies 300, 308, 309, 311, 408, 468, 615 and 708.
Fiscal Impact: $0-$1000 annually for maintenance and inventory Lifespan: Pepper Ball Launcher – 1 year limited manufacturer warranty.
Pepper Ball Munitions – Approximately three (3) year shelf life.
41 Pepper Ball Launcher FTC Pro
Quantity: 2
Purchase Price: $657
Manufacturer: Pepper Ball
Description: FTC PRO is a high-capacity, semi-automatic launcher that is the gold standard non-lethal option for corrections, crowd management and mobile field force. Reliable and accurate, it features a newly designed 160 round hopper.
Live-X – Projectile Pepper Ball Munition
Quantity: 25
Purchase Price: $370
Manufacturer: PepperBall
Description: Our most potent and powerful concentration of PAVA pepper powder. One round of LIVE-X contains the equivalent to 10 regular Pepper Ball rounds.
Inert – Projectile Pepper Ball Munition
Quantity: 10
Purchase Price: $40
Manufacturer: Pepper Ball
Description: Containing a harmless, scented powder, this projectile is best suited for training, qualifications, and direct impact when chemical exposure is not desired.
Sabre – Projectile Pepper Ball Munition
Quantity: 500
Purchase Price: $938
Manufacturer: Sabre
Description: Our most potent and powerful concentration of PAVA pepper powder. One round of LIVE-X contains the equivalent to 10 regular Pepper Ball
42 rounds.
Inert – Projectile Pepper Ball Munition
Quantity: 10
Purchase Price: $40
Manufacturer: Pepper Ball
Description: Containing a harmless, scented powder, this projectile is best suited for training, qualifications, and direct impact when chemical exposure is not desired.
Sting Ball Munitions
Sting Ball Munitions: Canisters that are designed to emit loud noise, bright light, and rubber projectiles.
Capability: Sting Ball Munitions are capable of releasing large amounts of stored energy in the form of heat, light, pressure, and noise. Additionally, upon deflagration, Sting Ball Munitions release numerous rubber pellets to impact a suspect(s) in close proximity to the placement area. Currently two variants are possessed by the Department, one with CS chemical agent and one without. They are intended to temporarily distract, confuse, disorient, and impact suspects that are potentially armed, knowingly armed, and/or violent. They are also effective as a crowd management tool in limited circumstances when confronting violent crowds during civil unrest consistent with Penal Code section 13652.
Usage: Sting Ball Munitions are to be used exclusively by the SWAT Unit. Sting Ball Munitions can be used in high-risk tactical operations when confronting potentially armed, knowingly armed, or violent suspects. They can also be used during high-risk warrants, hostage rescue incidents, and in limited instances during mobile field force incidents to provide an added degree of officer safety when being confronted by violent and/or armed subjects.
Training Requirements: SWAT Officers must successfully complete a SWAT Academy and are subject to ongoing extensive classroom and practical application training in the use of the Sting Balls. Additionally, SWAT Officers regularly train on safe device Sting Ball deployment in a variety of operational settings.
Legal and Procedural Rules: Use is established under Penal Code 13652 and Department policies 300, 308, 309, 311, 408, 468, 615 and 708.
Fiscal Impact: $0-$1,000 to maintain inventory
Lifespan: Five (5) year shelf life.
43 Stinger CS Rubber Ball Grenade
Quantity: 39
Purchase Price: $48.75
Manufacturer: Defense Technology
Description: The Stinger CS Rubber Ball Grenade is a maximum effect device that delivers four stimuli for psychological and physiological effects: rubber pellets, light, sound, and CS. The Stinger Grenade is most widely used as a crowd management tool by Law Enforcement and Corrections. The Stinger Grenade has an initial 1.5 second delay that initiates fuse assembly separation, followed by another .5 second delay before the blast which is sufficient to project the rubber balls and chemical agent in a 50-foot radius.
44 Military Equipment Use Summary 2024
Unmanned Aerial Vehicles (UAV) Usage
Type (Flights) Quantity
Training 298
Mission
226
234
Armored Rescue Vehicle Usage
Type Quantity
Special Events 11
Training 10
Operation
BPD Cases 2400896, 2400901, 2401254, 2402210,
2404433, 24052404, 2405794, 2405935, 2406026
9
45 Mobile Command Vehicle Usage
Type Quantity
Special Events 0
Training 0
Operations
DUI Check Points
BPD Cases: 2400896, 2400901
2 Breaching Shotgun and Breaching Ammunition
Usage
Type (Rounds) Quantity
Training 0
Operations
0 234
Specialized Firearm Usage – Patrol Rifles
Type (Rounds) Quantity
Training 8,000
Operations
0 234
46 Specialized Firearm Usage – SWAT Rifles
Type (Rounds) Quantity
Training 10,050
Operations
0 234
Specialized Firearm Usage – .308 Sniper
Type (Rounds) Quantity
Training 250
Operations
0 234
Diversionary Devices Usage
Type Quantity
Training 8
Operations
0 234
Chemical Agents Usage
Type Quantity
Training 10
Operations
0 234
47 Chemical Agent Delivery Usage
Type Quantity
Training 0
Operations
0 234
Kinetic Energy Weapons and Munitions
Type (Rounds) Quantity
Training 25
Operations (BPD Case 2400443, 2405051)
14 234
Pepper Ball Launchers and Related Munitions
Type (Rounds) Quantity
Training 100
Operations
0 234
Sting Ball Munitions
Type Quantity
Training 0
Operations
0 234
48 Concerns and Complaints
In some instances, the possession and use of military equipment may cause questions and/or concerns for members of the community. It is vitally important that community members’ questions and/or complaints regarding the Department’s possession and use of military equipment are addressed.
The Department is committed to full and fair investigations of community complaints. As such, the Department has sound internal procedures for thorough and impartial investigations of community complaints. Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of transparency, integrity and efficiency maintained by the Department.
In March of 2024, the Department published its Military Equipment Funding, Acquisition and Use policy on its website. Community concerns and complaints can be received via the Department’s website, field contacts, telephone, emails, social media and in-person at the police department. 2024 Community Concerns, Complaints & Internal Department Investigations Related to Military Equipment Use
Community Concerns Community Complaints PD Internal Investigations 0 0 0
49 2024 Equipment Purchase
Military Equipment Quantity Cost Date of Purchase
Hornady .308 168GR
TAP Ammunition
400 $531.20 10/28/2024
Hornady .308 165GR
TAP Barrier
Ammunition
600 $1,204.50 10/28/2024
Sabre Inert –
Pepper ball Projectile 500 $301.50 11/04/2024
Sabre Pava –
Pepper ball Projectile 500 $938.00 11/04/2024
CTS – Flash Bang 24 $3,722.88 11/04/2024
CTS – CS
Canister Grenade 10 441.40 11/04/2024
50 Projected Military Equipment Acquisition (2025)
For 2025 (January- December), the Department projects the purchase of ammunition and diversionary devices to replenish inventory due to training and critical incident use. The estimated purchase price of this equipment is approximately $30,000.00.
Military Equipment Projected Purchase
Amount
Projected Purchase Price
Winchester .223
5.56x45MM 55GR FMJ
Ammunition 50,000 rounds $21,000
Defense Technology,
Flashbang Diversionary
Device, Low Roll 12g 24 Devices $2,000.00
Hornady .308
165 gr Barrier 600 $1210
Hornady .308
168 gr 800 $1062
Def-Tech 40 mm Standard
Sponge Round 100 $2,595
Def-Tech 40 mm Marking
Round 100 $2,595
Internal Inventory & Audit (Department Military Equipment) Per Department policy 708.3 (c), the Department’s military equipment coordinator, designated as the Administrative Lieutenant, is required to complete an annual inventory of all military equipment possessed by the Department.
An audit of the inventory and use of military equipment was completed during the month of December 2024 by the Administrative Lieutenant, Professional Standards Unit Sergeant, Range Staff Supervisor, UAV Supervisor, and SWAT Team Leader. This audit focused on the use of military equipment during critical incidents involving Department personnel. The audit confirmed that Department personnel were found to be in compliance with Department Policy 708 in the use of military equipment. The Department did not add any new military equipment to its inventory since that time. All current military equipment inventory is in working order.
51 Conclusion
This Annual Military Equipment Report reaffirms the Department’s commitment to providing transparency and information to our communities and elected officials in addition to ensuring compliance with California State Law. The equipment, resources, and training outlined in this report allow Officers to better serve and protect our Community.
CITY COUNCIL AGENDA ITEM NO. F.23
04/22/2025
SUBJECT: Approve Amendments to the Flag Policy to Display Flags Prominently for Public Visibility
DEPARTMENT: Human Resources
STAFF: Sukari Beshears, Director of Human Resources/Risk Manager
TITLE/RECOMMENDATION
Adopt a Resolution Amending the Flag Policy to display flags prominently for public visibility without obstructions.
Staff recommends that Council approve the amendments to ensure prominent display of all flags that are visible to the public and free from any obstructions.
FISCAL IMPACT
The adoption of this Resolution is likely to incur costs relating to relocating flag poles that would ensure that all flags are visible to the public from the street outside City facilities. Staff will provide information on estimated costs and any budget required, if necessary, in a separate action on a future City Council meeting agenda. Funding for any costs would be provided by the General Fund, Parks and LLAD Replacement Fund or Other Funds, depending on the location of the flagpole.
BACKGROUND
On April 4, 2024, the City Council approved an amendment to the Flag Policy (previously titled the ‘Half-Staff Flag Policy’). The amended Flag Policy allows City Council Members to request and authorize commemorative flags be flown in addition to Federal, State, and City flags. As the City Council is considering expanding the current policy, it is important to ensure that all flags are clearly visible to the public from the street outside of City facilities and for staff to remove obstructions or relocate flagpoles if there are no viable options to remove the obstructions.
The City is committed to prominently displaying Federal, State, City, and Commemorative flags that express the City's official sentiments that are visible to the public and free of obstructions.
CITY COUNCIL AGENDA ITEM NO. F.23
04/22/2025
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. Resolution
3. Revised City Council Administrative Flag Policy No. 00-9
ATTACHMENT “1”
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.
On March 27, 2012, the City Council authorized the creation and purchase of City Flags.
On January 8, 2013, Vice Mayor Bryant requested a future agenda item related to the creation of a City policy to address when the flags at City facilities may be placed at half-staff.
On January 22, 2013, there was a consensus of the City Council to have staff bring back additional information related to a policy that would address lowering the flags at City facilities to half-staff.
On February 26, 2013, the City Council adopted Resolution 2013-28 approving the Council/Administrative Policy 00-9 (‘Half Staff Flag Policy’).
On May 26, 2015, the City Council adopted Resolution 2015-77, which updated a reference in multiple policies to reflect the reorganization of the Finance and Information Systems and City Administration Departments.
In Spring of 2023 Council Member Mendoza and Council Member Pierson requested City Council discussion of, and possible direction to staff, to fly a Pride Flag outside of City Hall on an existing flagpole, as soon as feasible, and a future agenda request to develop a flag policy to establish protocols and procedures for future flag related requests.
On June 13, 2023, by motion, the City Council directed staff fly Pride flags outside of City Hall on the existing flag poles, one in front of City Hall and one in front of the Community Center, that the flag be flown as soon as possible in the month of June and through July 15, 2023; and then in future years for the entire month of June; and to develop a policy for future flag requests to be made to the City Council, with various options including an exclusion of flag requests that represent discriminatory language and hate speech.
On April 9, 2024, the City Council adopted Resolution 2024-38, approving the amendments to the Council/Administrative Flag Policy No. 00-9 to allow for commemorative flags.
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD ADOPTING THE AMENDED COUNCIL/
ADMINISTRATIVE POLICY NO. 00-9 (‘FLAG POLICY’)
WHEREAS, on January 8, 2013, Vice Mayor Bryant requested a future agenda item related to the creation of a City policy to address when the Flags at City facilities may be placed at half-staff; and
WHEREAS, on January 22, 2013, there was a consensus of the City Council to have staff bring back additional information related to a policy that would address lowering the flags at City facilities to half-staff; and WHEREAS, on February 26, 2013, the City Council adopted Resolution No. 2013-28, adopting Council/Administrative Policy No. 00-9 (‘Half-Staff Flag Policy’); and
WHEREAS, on May 26, 2015, the City Council adopted Resolution No. 2015- 77, which updated a reference in multiple policies to reflect the reorganization of Finance and Information Systems and City Administration Departments; and WHEREAS, on June 13, 2023, by motion, the City Council directed staff to fly a Pride flag outside of City Hall on the existing flagpoles, one in front of City Hall and one in front of the Community Center, that the flag be flown as soon as possible in the month of June through July 15, 2023; in future years for the entire month of June; and to develop a policy of future flag requests to be made to the City Council, with various options including an exclusion of flag requests that represent discriminatory language and hate speech; and
WHEREAS, on April 9, 2024, the City Council approved amendments to Council/Administrative Policy No. 00-9 (‘Flag Policy’), to allow for commemorative flags; and
WHEREAS, the City Council provided staff with direction to update the policy to remove any flagpole obstructions to ensure that the flags are visible by the public.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby amend Council/Administrative Policy No. 00-9 (Exhibit A attached hereto and incorporated herein) to display flags prominently for public visibility without obstructions.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 22nd day of April 2025 by the following vote:
COUNCIL/ADMINISTRATIVE POLICY
Subject: Flag Policy Policy No: 00-9 Date: April 9, 2024 Resolution No:
2024-38
CITY OF BRENTWOOD
PURPOSE
It will be the policy of the City of Brentwood to raise, display, and lower the Flag of the United States, the Flag of the State of California, the City of Brentwood Flag, and Council-approved commemorative flags located at City facilities in accordance with Federal and State policies proper flag etiquette and respect for the flag. It is essential to ensure that flags are visible and displayed prominently and respectfully, reflecting their significance.
POLICY
1. Authorized display of flags at City facilities:
Flags are to be displayed in conformance with Federal and State policies, including Public Law 94-344 and California Government Code Section 430, et seq. The purpose of this policy is to establish procedures and guidelines for the display of official government flags and commemorative flags on one of the City Hall and Community Center flag poles.
Displayed and raised flags in front of City Hall and the Police Station include the Flag of the United States, the Flag of the State of California, and the City of Brentwood Flag. But for the City of Brentwood flag, the following facilities will also display the official government flags:
Municipal Services Center, and Brentwood Family Aquatics Center.
The National League of POW/MIA Families and related military flags may be flown at the following locations at all times when the United States Flag is flown: inside the City Hall Council Chambers, and Veterans Park.
In adopting this policy, the City Council declares that the City’s flagpoles are not intended to serve as a forum for free expression of the public, but rather for the display of the Federal, State, City flags, and those Commemorative flags that may be flown as an expression of the City’s official sentiments. Position of the flags and flagpoles shall be in prominent locations to ensure flags are clearly visible to the public and free from obstruction. Flagpole placement shall adhere to local zoning laws and regulations. The City Manager or designee may relocate a flag or flagpole when deemed that the visibility of the flag is obstructed and there are no other viable alternatives to ensure public visibility of the flag(s).
2. Commemorative Flags:
A commemorative Flag as defined in this Policy shall mean a flag other than those listed in Section 1 above.
The City may display commemorative flags as authorized by the City Council at a duly noticed meeting of the City Council. The City Council will only consider a request to display a commemorative flag if the request is made by a member(s) of the Council. Any such request will be accompanied by information supporting the request and graphics of the proposed flag.
Approvals to continue display of a commemorative flag will be considered annually in conjunction with the annual ceremonial proclamations review.
COUNCIL/ADMINISTRATIVE POLICY
Subject: Flag Policy Policy No: 00-9 Date: April 9, 2024 Resolution No:
2024-38
CITY OF BRENTWOOD
Commemorative flags (other than the POW/MIA and related military flags) will be displayed exclusively on the flagpole outside City Hall and the Community Center and no other location.
They will be displayed for a period of time not less than seven days and not more than thirtyone days. Such flags will be displayed in the last position of honor.
No more than one (1) Commemorative Flag will be flown at any given time.
3. Half-Staff Protocol for flags at City facilities:
National or State Declarations: In response to a national or state declaration, all flags at City facilities will be flown at half-staff. The flag is flown at half-staff upon the death of the following: President, former President, Vice President, former Vice President, Chief Justice or retired Chief Justice of the U.S., Speaker of the House of Representatives, Associate Justice of the Supreme Court, a member of the Cabinet, President pro tempore of the Senate, Majority Leader of the Senate, Minority Leader of the Senate, Majority Leader of the House of Representatives, Minority Leader of the House of Representatives, Member of Congress, a State Governor. The City will comply with instructions from the Federal or State government regarding how long the flags should remain lowered. (4 U.S.C. § 7(m).) Peace Officers Memorial Day – May 15: Flags at City facilities will be flown at half-staff unless that day also falls on Armed Forces Day (third Saturday in May). (4 U.S.C. § 7(m).) Memorial Day - Last Monday in May: Flags at City facilities will be flown at half-staff until noon on this day, and then raised to full staff for the remainder of the day at facilities operating on the holiday. Facilities not operating on the holiday will be flown at half-staff until the following workday. (4 U.S.C. § 7(m).)
Patriot Day – September 11: Flags at City facilities will be flown at half-staff from sunrise to sunset. (36 U.S.C. § 144(b)(2).)
Pearl Harbor Remembrance Day – December 7: Flags at City facilities will be flown at halfstaff from sunrise to sunset. (Presidential Proclamation.) Local Authority: Flags will be lowered to half-staff in the following situations:
1. Upon the death of a City Police Officer killed in the line of duty. Flags will be flown at half-staff from the date of death until internment.
2. Upon the death of a current or former Mayor or City Council Member and notification of City staff thereof, flags will be flown at half-staff until the burial of the deceased, but not for more than three days.
3. Upon the death of a current City of Brentwood employee, flags will be flown at halfstaff until the burial of the deceased, but not for more than three days.
Procedures:
The City Clerk will maintain subscriptions to half-staff notification sites. The City Clerk will notify
COUNCIL/ADMINISTRATIVE POLICY
Subject: Flag Policy Policy No: 00-9 Date: April 9, 2024 Resolution No:
2024-38
CITY OF BRENTWOOD
assigned staff in advance of occasions authorized by the Flag Code and this Policy that require the flags be flown at half-staff.
In the event of an unscheduled occasion requiring the flags be lowered to half-staff, the City Clerk will immediately notify assigned staff of the event and the duration of which the flags should remain lowered.
Assigned staff will raise the flags to its peak for a moment prior to lowering them to half-staff in accordance with flag etiquette. As no other flag should be flown above the United States Flag, it will be lowered last and raised first.
The City Clerk will also notify the members of the City Council and Department Directors when flags are lowered to half-staff and the reasons for the lowering.
Revision History
Date Resolution
02/26/2013 2013-38 Adopted Original Policy
05/26/2015 2015-77 Updated a reference in multiple policies to reflect the reorganization of the Finance and Information Systems and City Administration Departments
04/09/2024 2024-38 Amended to add commemorative flags and change title to Flag Policy
COUNCIL/ADMINISTRATIVE POLICY
Subject: Flag Policy Policy No: 00-9 Date:
Resolution No: Page 1 of 3
CITY OF BRENTWOOD
PURPOSE
It will be the policy of the City of Brentwood to raise, display, and lower the Flag of the United States, the Flag of the State of California, the City of Brentwood Flag, and Council-approved commemorative flags located at City facilities in accordance with Federal and State policies proper flag etiquette and respect for the flag. It is essential to ensure that flags are visible and displayed prominently and respectfully, reflecting their significance.
POLICY
1. Authorized display of flags at City facilities:
Flags are to be displayed in conformance with Federal and State policies, including Public Law 94-344 and California Government Code Section 430, et seq. The purpose of this policy is to establish procedures and guidelines for the display of official government flags and commemorative flags on one of the City Hall and Community Center flagpoles.
Displayed and raised flags in front of City Hall and the Police Station include the Flag of the United States, the Flag of the State of California, and the City of Brentwood Flag. But for the City of Brentwood flag, the following facilities will also display the official government flags:
Municipal Services Center, and Brentwood Family Aquatics Center.
The National League of POW/MIA Families and related military flags may be flown at the following locations at all times when the United States Flag is flown: inside the City Hall Council Chambers, and Veterans Park.
In adopting this policy, the City Council declares that the City’s flag are not intended to serve as a forum for free expression of the public, but rather for the display of the Federal, State, City flags, and those Commemorative flags that may be flown as an expression of the City’s official sentiments. Position of the flags and flagpoles shall be in prominent locations to ensure flags are clearly visible to the public and free from obstruction. Flagpole placement shall adhere to local zoning laws and regulations. The City Manager or designee may relocate a flag or flagpole when deemed that the visibility of the flag is obstructed and there are no other viable alternatives to ensure public visibility of the flag(s).
2. Commemorative Flags:
A commemorative Flag as defined in this Policy shall mean a flag other than those listed in Section 1 above.
The City may display commemorative flags as authorized by the City Council at a duly noticed meeting of the City Council. The City Council will only consider a request to display a commemorative flag if the request is made by a member(s) of the Council. Any such request will be accompanied by information supporting the request and graphics of the proposed flag.
Approvals to continue display of a commemorative flag will be considered annually in conjunction with the annual ceremonial proclamations review.
Commemorative flags (other than the POW/MIA and related military flags) will be displayed exclusively on the flagpole outside City Hall and the Community Center and no other location.
They will be displayed for a period of time not less than seven days and not more than thirtyPage 131 of 209
COUNCIL/ADMINISTRATIVE POLICY
Subject: Flag Policy Policy No: 00-9 Date:
Resolution No: Page 2 of 3
CITY OF BRENTWOOD
one days. Such flags will be displayed in the last position of honor. No more than one (1) Commemorative Flag will be flown at any given time.
3. Half-Staff Protocol for flags at City facilities:
National or State Declarations: In response to a national or state declaration, all flags at City facilities will be flown at half-staff. The flag is flown at half-staff upon the death of the following: President, former President, Vice President, former Vice President, Chief Justice or retired Chief Justice of the U.S., Speaker of the House of Representatives, Associate Justice of the Supreme Court, a member of the Cabinet, President pro tempore of the Senate, Majority Leader of the Senate, Minority Leader of the Senate, Majority Leader of the House of Representatives, Minority Leader of the House of Representatives, Member of Congress, a State Governor. The City will comply with instructions from the Federal or State government regarding how long the flags should remain lowered. (4 U.S.C. § 7(m).) Peace Officers Memorial Day – May 15: Flags at City facilities will be flown at half-staff unless that day also falls on Armed Forces Day (third Saturday in May). (4 U.S.C. § 7(m).) Memorial Day - Last Monday in May: Flags at City facilities will be flown at half-staff until noon on this day, and then raised to full staff for the remainder of the day at facilities operating on the holiday. Facilities not operating on the holiday will be flown at half-staff until the following workday. (4 U.S.C. § 7(m).)
Patriot Day – September 11: Flags at City facilities will be flown at half-staff from sunrise to sunset. (36 U.S.C. § 144(b)(2).)
Pearl Harbor Remembrance Day – December 7: Flags at City facilities will be flown at halfstaff from sunrise to sunset. (Presidential Proclamation) Local Authority: Flags will be lowered to half-staff in the following situations:
1. Upon the death of a City Police Officer killed in the line of duty. Flags will be flown at half-staff from the date of death until internment.
2. Upon the death of a current or former Mayor or City Council Member and notification of City staff thereof, flags will be flown at half-staff until the burial of the deceased, but not for more than three days.
3. Upon the death of a current City of Brentwood employee, flags will be flown at halfstaff until the burial of the deceased, but not for more than three days.
Procedures:
The City Clerk will maintain subscriptions to half-staff notification sites. The City Clerk will notify assigned staff in advance of occasions authorized by the Flag Code and this Policy that require the flags be flown at half-staff.
In the event of an unscheduled occasion requiring the flags be lowered to half-staff, the City Clerk will immediately notify assigned staff of the event and the duration of which the flags should remain lowered.
COUNCIL/ADMINISTRATIVE POLICY
Subject: Flag Policy Policy No: 00-9 Date:
Resolution No: Page 3 of 3
CITY OF BRENTWOOD
Assigned staff will raise the flags to its peak for a moment prior to lowering them to half-staff in accordance with flag etiquette. As no other flag should be flown above the United States Flag, it will be lowered last and raised first.
The City Clerk will also notify the members of the City Council and Department Directors when flags are lowered to half-staff and the reasons for the lowering.
Revision History
Date Resolution
02/26/2013 2013-38 Adopted Original Policy
05/26/2015 2015-77 Updated a reference in multiple policies to reflect the reorganization of the Finance and Information Systems and City Administration Departments
04/09/2024 2024-38 Amended to add commemorative flags and change title to Flag Policy
CITY COUNCIL AGENDA ITEM NO. F.24
04/22/2025
SUBJECT: Second reading of an Ordinance to amend Brentwood Municipal Code Chapter 7.02 to address camping on City property
DEPARTMENT: City Attorney’s Office
STAFF: Katherine Wisinski, City Attorney
TITLE/RECOMMENDATION
Consider and waive the second 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.
FISCAL IMPACT
There is no fiscal impact associated with introducing the Ordinance, other than the staff time spent preparing it.
BACKGROUND
This is the second step in the ordinance adoption process. On April 8, 2025, the City Council considered an Ordinance to amend Brentwood Municipal Code Chapter 7.02 to address camping on City property. At that meeting, the City Council voted to introduce and waive the first reading of the ordinance. This evening, the City Council will vote on whether to take the second and final step necessary to adopting the ordinance, which is the second reading (or waiver of the reading) of the ordinance and adoption.
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
CITY COUNCIL AGENDA ITEM NO. F.24
04/22/2025
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.
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.
CITY COUNCIL AGENDA ITEM NO. F.24
04/22/2025
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.
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.
CITY COUNCIL AGENDA ITEM NO. F.24
04/22/2025
PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.
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.
ALTERNATIVE OPTION(S)
1. Adopt the Ordinance with revisions. Unless the revisions are merely clerical in nature, this would necessitate returning to the City Council for a new introduction and first reading of the Ordinance at a future City Council meeting.
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. Previous Action
2. Ordinance
3. Exhibit A: Brentwood Municipal Code Chapter 7.02 (final)
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 April 8, 2025, the City Council introduced and waived the first reading of an ordinance to amend Brentwood Municipal Code Chapter 7.02 to address camping on City property.
ORDINANCE NO. 1086
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
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; and WHEREAS, the City Council introduced and waived the first reading of the ordinance on April 8, 2025.
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:
AYES: Maloney, Pierson, Mendoza, Oerlemans, Mayor Meyer NOES:
ABSENT:
RECUSE:
THIS ORDINANCE was adopted with the second reading waived at a regular meeting of the Brentwood City Council on the 22nd day of April 2025 by the following vote:
Exhibit A
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.
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.
Exhibit A
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. The foregoing notwithstanding, for purposes of this Section
7.02.150, “City property” shall not include any real property owned by the City but subject to a lease, permit, license, or other legal tool granting exclusive use of said property to another party.
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 location must be reposted before removal operations may begin.
Exhibit A
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).
c. Personal papers such as photographs, albums,
identification documents, bank statements, legal
papers,
Exhibit A
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.
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;
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
Exhibit A
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.
(Ord. 788 § 1, 2004)
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.
CITY COUNCIL AGENDA ITEM NO. G.1
04/22/2025
SUBJECT: Approve and Authorize the City Manager to execute a successor Memorandum of Understanding between the City of Brentwood and the Brentwood Employees Association Public Works Division for the period of July 1, 2024 through June 30, 2027
DEPARTMENT: Human Resources
STAFF: Sukari Beshears, Director of Human Resources/Risk Manager
TITLE/RECOMMENDATION
Adopt a Resolution: 1) Approving and Authorizing the City Manager to execute a successor Memorandum of Understanding (MOU) between the City of Brentwood and Brentwood Employees Association Public Works Division for the period of July 1, 2024 through June 30, 2027; 2) Approving the Pay Schedule in accordance with 2 California Code of Regulations Section 570.5 and Authorizing the Director of Human Resources/Risk Manager to make ministerial revisions to the Pay Schedule to reflect the changes; and 3) Adopting Appropriations Amendments to the 2024/25 -2025/26 Operating Budget.
The proposed actions will ensure there is a current agreement between the City of Brentwood and Brentwood Employees Association Public Works Division regarding wages, hours, and other terms and conditions of employment.
FISCAL IMPACT
Personnel costs are by far the largest category of General Fund expenditure, comprising nearly 2/3 of all General Fund appropriations.
The additional Operating Budget expenditure increases required for this item are as follows:
CITY COUNCIL AGENDA ITEM NO. G.1
04/22/2025
The General Fund two-year projection presented during the Mid-Year Operating Budget review in January included these anticipated budget and expenditure increases. As such, approval of this item will not impact staff’s General Fund financial projections.
Staff’s most recent fiscal projections from mid-April anticipate that General Fund operating revenues will be sufficient in the two-year period to cover operating and one-time expenses with no deficit spending from ongoing operations. However, approximately $850,000 is projected to be needed as a transfer into the General Fund from the Budget Stabilization Fund to increase the General Fund Reserve of 30% of operating expenses pursuant to Council/Administrative Policy No. 10-5 (‘Budget and Fiscal Policies’).
This is an improvement from the prior forecast primarily due to increased revenue projections. However, this projection does not yet take into account mid-term budget expense requests that will be presented to the City Council in June, and will increase the projected draw from the Budget Stabilization Fund if approved. Additionally, the recent economic volatility associated with the implementation of tariffs will likely result in longer term fiscal challenges from inflation and increased pension costs due to CalPERS investment losses.
BACKGROUND
The City’s interest is to be fair and equitable to employees and to maintain competitive salaries and benefits. The City will also continue to chart a fiscally sustainable path into the future for its employees, and the citizens it serves, by maintaining reserves and avoiding increases to unfunded obligations.
FY 2024/25 FY 2025/26
Fund Budget Increase Budget Increase
General Fund $ 58,857 $ 35,080
Citywide Park District 21,354 8,310
Solid Waste Enterprise 68,817 30,775
Water Enterprise 110,523 77,668
Wastewater Enterprise 176,827 144,066
Fleet Services 10,327 4,550
Facilities Maintenance Services 10,125 4,262
Total $ 456,830 $ 304,711
CITY COUNCIL AGENDA ITEM NO. G.1
04/22/2025
City representatives negotiated a tentative agreement with the Brentwood Employees Association Public Works Division (BEAPWD). The representatives commenced negotiations with BEAPWD on February 13, 2024. During the negotiation process, City representatives regularly shared and communicated the City’s interests. The following summarizes the proposed MOU for BEAPWD.
BEAPWD represents approximately eighty (80) full-time employees. The MOU approved by the City Council covered the period of July 1, 2020 through June 30, 2024. On January 8, 2025, after several negotiation sessions, the City passed a package proposal to BEAPWD for a successor MOU. Thereafter, the parties continued to schedule meetings to discuss the particulars of the package proposal, which resulted in the parties reaching a total tentative agreement. A copy of the proposed successor BEAPWD MOU is included as Exhibit A. The following is a list of the substantive differences between the BEAPWD MOU, which expired on June 30, 2024, and the proposed new BEAPWD MOU.
Contract Term – Three (3) years effective July 1, 2024 through June 30, 2027 Salary Adjustments – Over the three (3) year–term effective as follows:
o July 1, 2024: COLA 4% + Equity (see table below)
Classification Title Equity
Cross-Connection Control Specialist .50%
Electrician 12.17%
Laboratory Technician II 1.67%
Senior Park Maintenance Worker .12%
Senior Solid Waste Equipment Operator .31%
Solid Waste Equipment Operator I .07%
Solid Waste Equipment Operator II .19%
Utilities Maintenance Mechanic 2.57%
Wastewater Treatment Plant Operator I 9.30%
Wastewater Treatment Plant Operator II 9.43%
Wastewater Treatment Plant Operator III 9.56%
Water Efficiency Specialist 13.61%
Water Production Worker I 2.78%
Water Production Worker II 2.90%
o July 1, 2025: COLA 3%
o July 1, 2026: COLA 3%
One-Time Payment – $2,000 for those actively employed by the City on the date of adoption by City Council and actively employed by the City on the date of payment.
CITY COUNCIL AGENDA ITEM NO. G.1
04/22/2025
Overtime, Call Back, Standby – 1) Effective the first full pay period after adoption, language defining an exclusion of Solid Waste staff will be stricken so that the terms for overtime and compensatory time will be the same for all members. 2) Increase standby pay by the amount of the general wage increase for each year.
Rest Period Policy – The City will draft a policy within ninety (90) calendar days of adoption of a successor MOU for review and consideration. Wastewater Treatment Plant Operations Staff Holiday Pay - Remove language defining exclusion of Wastewater holiday pay.
BEAPWD ratified the Tentative Agreement on March 28, 2025.
Staff recommends that the City Council approve the successor MOU, as well as changes to the Pay Schedule for the BEAPWD employees effective July 1, 2024.
Employees must have regular status on the date of adoption to be eligible to receive the salary increase and benefit changes as outlined in the proposed successor MOU.
Staff also recommends that the City Council adopt Appropriations Amendments to the 2024/25 -2025/26 Operating Budget.
This staff report and related attachments have been reviewed by the City Attorney and outside legal counsel that specializes in employment law.
CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 6: Classification and Compensation Study.
PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.
DATE OF NOTICE
Not Applicable.
ENVIRONMENTAL DETERMINATION
Not Applicable.
CITY COUNCIL AGENDA ITEM NO. G.1
04/22/2025
ALTERNATIVE OPTION(S)
Staff does not recommend any alternative options to ensure that the City of Brentwood has a current agreement in place with BEAPWD regarding wages, hours, and other terms and conditions of employment.
ATTACHMENT(S)
1. Previous Action
2. Resolution
3. Exhibit A – Brentwood Employees Association Public Works Division MOU
4. Exhibit B – Appropriations Amendments 2024/25 – 2025/26 Operating Budget
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 July 27, 2021, the City Council adopted Resolution 2021-90, approving and authorizing the City Manager to execute a successor Memorandum of Understanding between the City of Brentwood and the Brentwood Employees Association Public Works Division for the period of July 1, 2021 through June 30, 2024.
On March 22, 2022, the City Council adopted Resolution 2022-31, approving and authorizing the City Manager to execute a Side Letter between the City of Brentwood and the Brentwood Employees Association Public Works Division.
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD: 1) APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A SUCCESSOR MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF BRENTWOOD AND
THE BRENTWOOD EMPLOYEES ASSOCIATION PUBLIC WORKS
DIVISION FOR A PERIOD OF JULY 1, 2024 THROUGH JUNE 30,
2027; 2) APPROVING THE PAY SCHEDULE IN ACCORDANCE
WITH 2 CCR § 570.5 AND AUTHORIZING THE DIRECTOR OF
HUMAN RESOURCES/RISK MANAGER TO MAKE MINISTERIAL
REVISIONS TO THE PAY SCHEDULE TO REFLECT THE CHANGES;
AND 3) ADOPTING APPROPRIATIONS AMENDMENTS TO THE
2024/25 – 2025/26 OPERATING BUDGET
WHEREAS, negotiating teams from the City of Brentwood and the Brentwood Employees Association Public Works Division have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment; and WHEREAS, the Memorandum of Understanding (MOU) attached hereto and incorporated herein as Exhibit A is entered into pursuant to the Meyers-Milias-Brown Act (California Government Code Sections 3500-3510) and has been jointly prepared by the aforementioned entities; and
WHEREAS, the MOU document includes an agreement between the aforementioned entities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby resolve as follows:
1. Approve and authorize the City Manager to execute a successor Memorandum of Understanding between the City of Brentwood and the Brentwood Employees Association Public Works Division for the period of July 1, 2024 through June 30, 2027 (Exhibit A).
2. Approve the Pay Schedule in accordance with 2 California Code of Regulations Section 570.5 and authorize the Director of Human Resources/Risk Manager to make ministerial revisions to the Pay Schedule as approved by the City Council in the Brentwood Supervisors and Professional Employees Association MOU.
3. Adopt Appropriations Amendments to the 2024/25 Operating Budget in the amount of $456,830; and to the 2025/26 Operating Budget in the amount of $304,711 (Exhibit B, attached hereto and incorporated herein).
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 22
nd day of April 2025 by the following
vote:
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF BRENTWOOD
AND
BRENTWOOD EMPLOYEES’ ASSOCIATION/
PUBLIC WORKS DIVISION
July 1, 2020 2024 – June 30, 20242027
Approved:
Resolution No.
EXHIBIT A
TABLE OF CONTENTS
SECTION 1 RECOGNITION AND REPRESENTATION..................................... X SECTION 2 ASSOCIATION MEMBERSHIP....................................................... X SECTION 3 ATTENDANCE AT MEETINGS BY EMPLOYEES.......................... X SECTION 4 EMPLOYER’S RIGHTS AND RESPONSIBILITIES ........................ X SECTION 5 NO DISCRIMINATION .................................................................... X SECTION 6 SALARIES....................................................................................... X SECTION 7 OVERTIME, CALL-BACK, STANDBY............................................. X SECTION 8 OTHER PAY ................................................................................... X SECTION 9 HOLIDAYS...................................................................................... X SECTION 10 VACATION...................................................................................... X SECTION 11 LONGEVITY INCENTIVE PLAN ..................................................... X SECTION 12 SICK LEAVE................................................................................... X SECTION 13 HEALTH INSURANCE.................................................................... X SECTION 14 DENTAL INSURANCE.................................................................... X SECTION 15 VISION INSURANCE...................................................................... X SECTION 16 LIFE INSURANCE .......................................................................... X SECTION 17 DISABILITY INSURANCE............................................................... X SECTION 18 RETIREMENT PLAN ...................................................................... X SECTION 19 MISCELLANEOUS PROVISIONS .................................................. X SECTION 20 SEVERABILITY OF PROVISIONS ................................................. X SECTION 21 SCOPE OF AGREEMENT.............................................................. X SECTION 22 DURATION ..................................................................................... X
EXHIBIT A
3 20202024-2024 2027 MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF BRENTWOOD AND
BRENTWOOD EMPLOYEES’ ASSOCIATION/PUBLIC WORKS DIVISION
The Brentwood Employees’ Association Public Works Division (BEAPWD) and representatives of the Brentwood City Council have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in the Association. Throughout the Meet and Confer process, both parties have exchanged freely information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.
This Memorandum of Understanding (“MOU”) is entered into pursuant to the MeyersMilias-Brown Act (Government Codes Sections 3500-3510) and has been jointly prepared by both parties.
This MOU shall be presented to the Brentwood City Council as the joint recommendation of the undersigned parties for salary and employee benefit adjustments for the period commencing July 1, 2020 2024 and ending June 30, 20242027.
EXHIBIT A
4 SECTION 1 RECOGNITION AND REPRESENTATION
1.1 Association Recognition
The Brentwood Employees’ Association/Public Works Division, hereinafter referred to as the “Association,” is the recognized employee organization for employees occupying regular positions as detailed in attachment Appendix “A” Pay Schedule Public Works.
1.2 City Recognition
The City Manager, or any person or organization duly authorized by the Brentwood City Council (“City”), is the representative of the City in employer-employee relations as provided in Council/Administrative Policy No. 20-17, EmployerEmployee Relations Resolution adopted by the City Council on April 12, 2005 revised on February 28, 2012.
SECTION 2 ASSOCIATION MEMBERSHIP
2.1 The Association may use of space on available bulletin boards for communications having to do with official association business, such as times and places of meetings, provided such use does not interfere with the needs of the City.
2.2 Any representative of the Association shall give notice to and request permission from their Department Director or designated representative when desiring to contact Association members on City facilities during the duty period of the employees, providing that solicitation for membership or other internal Association business shall be conducted during the non-duty hours of all employees. Prearrangement for routine contact must be made with the individual Department Director.
2.3 City buildings and other facilities may be made available for use by employees, the Association, or their representatives in accordance with such administrative procedures as may be established by the City Manager or Department Directors concerned.
2.4 Upon certification from the Association that it has and will maintain individual employee authorization for dues deductions, the City shall deduct Association dues from the member’s second payroll check of each month. The City will issue a check for the deduction monthly, payable to the Brentwood Employees’ Association/Public Works Division, and will be delivered via inter-office mail to the Association Treasurer, (or other member designated in writing by the Association President).
Any member requesting cancellation of dues deductions shall be directed to the Association. The City shall only make changes as directed by the Association.
EXHIBIT A