Brentwood City Council
May 13, 2025

MAY 13, 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

May 13, 2025, 7:00 p.m.

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

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

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

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

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

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

E. 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.

E.1 Meeting Minutes of the City Council
City Council / Successor Agency Meeting of April 8, 2025 Special City Council Meeting of April 22, 2025
City Council / Successor Agency Meeting April 22, 2025
Special City Council Meeting of May 7, 2025
E.2 A Proclamation recognizing May 26, 2025 as Memorial Day E.3 A Proclamation recognizing May 25, 2025 as National Missing Children's Day E.4 A Proclamation recognizing May 18-24, 2025 as National Public Works Week E.5 Consideration of a Recommendation for an Arts Commission Commissioner Appointment Title/Recommendation
Consider Mayor Meyer’s recommendation to appoint Lindsay Bush to the Arts Commission to fill a mid-term vacancy expiring on December 31, 2025.

E.6 A Resolution approving the recommendation from 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 Park and Recreation Commission to assign the name ‘Salmon Park’ to park Parcel ‘B’ and ‘Hanson Park’ to park Parcel ‘D’ within the Hanson Lane subdivision.

E.7 Notice of Completion for work performed by Park Associates, Inc., dba Park Planet, for Egret Park Playground Replacement, CIP Project No. 352-52450 Title/Recommendation
Adopt a Resolution accepting the work performed by Park Associates, Inc., dba Park Planet, for the Egret Park Playground Replacement, CIP Project No. 352-52450, and request the City Clerk file a Notice of Completion with the County Recorder.

The project is exempt from the California Environmental Quality Act (“CEQA”, codified at Public Resources Code §§ 21000, et seq., as further governed by the State CEQA Guidelines, 14 CCR §§ 15000, et seq.), pursuant to Section 15302 of the CEQA Guidelines, because the proposed project removed the existing play structure, and replaced it with a new play structure at the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced.

E.8 Award of Contract to Sandstone Environmental Engineering, Inc. for the Water Line Improvement – Kent Drive Project, CIP Project No. 562-56421 Title/Recommendation
Adopt a Resolution approving the contract documents, waiving immaterial irregularities, awarding the bid, and authorizing the City Manager or designee to execute a contract and necessary documents for the Water Line Improvement – Kent Drive Project, CIP Project No. 562-56421, with Sandstone Environmental Engineering, Inc. as the lowest responsible bidder in the amount of $284,420, plus funding authorization for a 15% contingency of $42,663, for a total funding authorization not to exceed amount of $327,083.

The Water Line Improvement – Kent Drive Project, CIP Project No. 562-56421, is exempt from the California Environmental Quality Act (“CEQA,” codified at Public Resources Code §§ 21000, et seq., and further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.) per 14 CCR § 15061. A Notice of Exemption was filed with the Contra Costa County Clerk Recorder on April 2, 2025, per 14 CCR § 15062.

E.9 Annexation #17 to Community Facilities District No. 5 Title/Recommendation
Adopt a Resolution approving Annexation #17 Boundary Map for City of Brentwood (“City”) Community Facilities District (“CFD”) No. 5.

Adopt a Resolution declaring the intent to annex territory to Community Facilities District No. 5, levy a special tax in such territory and set a date of June 24, 2025, at 7:00 p.m., or as soon thereafter as the matter may be heard, for the Public Hearing.

E.10 Approve the Rule 20C contract with PG&E for the Lone Tree Way Roadway Improvements, CIP Project No. 336-31701
Title/Recommendation
Adopt a Resolution approving the Rule 20C contract and authorizing the City Manager or their designee to execute the contract with PG&E for the design and engineering of undergrounding overhead utilities and poles for the Lone Tree Way Roadway Improvements, CIP Project No. 336-31701, (“Project”) in an amount not-to-exceed $115,222.47.

E.11 Award of contract to JV Lucas Paving for the Pavement Management Program 2025 (Asphalt), CIP Project No. 336-31704
Title/Recommendation
Adopt a Resolution approving the contract documents, awarding the bid, and authorizing the City Manager or designee to execute a contract and necessary documents for the Pavement Management Program 2025 (Asphalt), CIP Project No. 336-31704, (“Project”) with JV Lucas Paving (“JV”) as the lowest responsible and responsive bidder in the amount of $1,994,570.30, plus funding authorization for a 10% contingency of $199,457.03, for a total funding authorization not-to-exceed amount of $2,194,027.33.

E.12 Award Agreement for Engineering Services with Bellecci & Associates, Inc., dba SanbellBay Area “Sanbell” for the Brentwood Manor Water and Wastewater Rehabilitation Project, CIP Project No. 562-56419
Title/Recommendation
A Resolution approving and authorizing the City Manager or designee to execute an Agreement for Engineering Design Services with Sanbell in the amount of $299,865, plus funding authorization for a 15% contingency of $44,980, for a total not-to-exceed funding authorization amount of $344,845, for the Brentwood Manor Water and Wastewater Rehabilitation Project, CIP Project No. 562-56419 (“Project”).

CEQA work is ongoing and will be done concurrently with the design process.

E.13 Consideration of actions pertaining to the City’s Landscape and Lighting Assessment Districts, including Landscape and Lighting Assessment District Nos. 19-3 and 21-1, and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2025/26 Title/Recommendation
Adopt a Resolution declaring the intention to order improvements for the City of Brentwood’s sixty-eight (68) Landscape and Lighting Assessment Districts (“LLADs”), Landscape and Lighting Assessment District No. 19-3, Landscape and Lighting Assessment District No. 21-1, and Citywide Park Maintenance District No. 98-1 for Fiscal Year 2025/26; declaring the intention to levy and collect assessments; and setting the date of May 27, 2025, at 7:00 p.m. or at such time thereafter that the matter can be heard for the public hearing in accordance with the provisions of the Streets and Highways Code “Landscaping and Lighting Act of 1972” and California Proposition 218.

E.14 A Resolution approving and authorizing the City Manager to sign an Affordable Housing Agreement between the City of Brentwood and Meritage Homes for the Hanson Lane (Subdivision 9547) project
Title/Recommendation
Approve a resolution authorizing the City Manager to sign an Affordable Housing agreement between the City of Brentwood and Meritage Homes for the Hanson Lane project (Subdivision 9547) and such other documents as may be needed to complete the transaction.

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

F.1 Adoption of Chapter 5.76 Tobacco Retailers and Adoption of Tobacco Retail License Fee Title/Recommendation
Waive the first reading and introduce an ordinance adopting Chapter 5.76 of the Brentwood Municipal code, entitled “Tobacco Retailers”, creating new regulations related to tobacco sales in Brentwood and establishing a Tobacco Retail Licensing program and adopt a resolution amending the Cost Allocation Plan and Schedule of City Fees to implement a new Tobacco Retail License Fees.

The adoption of the ordinance is not subject to further review under the California Environmental Quality Act (“CEQA,” codified at Public Resources Code 21000, et seq., as further governed by the State CEQA Guidelines, found at 14 CCR 15000, et seq.) 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, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, the adoption of this 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 this ordinance will not cause a change in any of the physical conditions within the area affected by the ordinance.

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 Establish New Classifications, Abolish Obsolete classifications, and Adopt the 2024/25 Pay Schedule
Title/Recommendation
Approve and authorize the City Manager to: 1) Establish 13 new classifications, job descriptions, and salary ranges; 2) Abolish 16 obsolete classifications, job descriptions, and salary ranges; and 3) Adopt the 2024/25 Pay Schedule in accordance with 2 California Code of Regulations Section 570.5.

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 May 8, 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 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
April 8, 2025, 7:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Meyer called the meeting to order at 7:18 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.

Dan provided comments requesting the Council to consider having an annual Farm Fest event.

Danny Dohrmann provided comments regarding the proposed Fire Station at the downtown location.

Tara Randall provided comments requesting the Council to consider having an annual Farm Fest event.

Erica provided comments requesting the Council to consider having an annual Farm Fest event.

Christina provided comments requesting the Council to consider having an annual Farm Fest event.

Brent provided comments requesting the Council to consider having an annual Farm Fest event.

Charis provided comments requesting the Council to consider having an annual Farm Fest event.

Joe provided comments requesting the Council to consider having an annual Farm Fest event.

Rocco Biasca provided comments requesting the Council to consider having an annual Farm Fest event.

Lance provided comments requesting the Council to consider having an annual Farm Fest event.

Noah B. provided comments requesting the Council to consider having an annual Farm Fest event.

2 Chloe Wilcox provided comments requesting the Council to consider having an annual Farm Fest event.

Sophia Campbell provided comments requesting the Council to consider having an annual Farm Fest event.

Chris Juarez provided comments requesting the Council to consider allowing tattoo shops in the downtown business area.

Crystal Campbell provided comments requesting the Council to consider having an annual Farm Fest event.

Oxsana provided comments requesting the Council to consider having an annual Farm Fest event.

Paul J. provided comments obesity, fluoride and our electric grid.

LizBeth Fletcher provided comments requesting the Council to consider having an annual Farm Fest event.

Jeff White provided comments requesting the Council to consider having an annual Farm Fest event.

Koen provided comments requesting the Council to consider having an annual Farm Fest event.

Amara provided comments requesting the Council to consider having an annual Farm Fest event.

Amadeo provided comments requesting the Council to consider having an annual Farm Fest event.

Melissa van Ruiten provided comments regarding traffic safety and Brentwood's family friendly events.

Sandra White provided comments requesting the Council to consider having an annual Farm Fest event.

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

D. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Vice Mayor Pierson reported on attendance at the Mayor's Conference; School Inter Agency Meeting; Juneteenth Planning Meeting; League of California Cities legislative discussion in Sacramento; meeting with Assistant City Manager, Darin Gale and Economic Development Manager, Ricardo Noguera; and a meeting with Assemblywoman Anamarie Ávila Farías in Sacramento.

Council Member Mendoza reported on attendance at State of the City event; League of California Cities legislative discussion in Sacramento; Planning Commission Meeting; and the Mayor's Conference.

Council Member Oerlemans reported on attendance at Tri-Delta Transit Board of Directors Meeting; Employee Appreciation Day for Tri-Delta Transit; Boots

3 and Bling fundraiser for Vineyards Academy at Campos Winery; State of the City event; City Council Closed Session meeting; and an agenda review meeting.

Council Member Maloney reported on attendance at a meeting with Equity Analyst, Robert Bell; two City Council Closed Session meetings; two Farmers Markets; California Alliance of Local Electeds meeting; meetings with downtown business owners; State of the City event; meetings with business owners at Streets of Brentwood; Seasonal Opening of the East Contra Costa Historical Museum; meetings with residents regarding concerns of homelessness; and a meeting with business owners at 24 Hour Fitness.

Mayor Meyer reported on attendance at a State of the City planning meeting; State of the City event; Tri-Delta Transit Board of Directors Meeting; Employee Appreciation Day for Tri-Delta Transit; Swearing in of new Park and Recreation Commissioner; First Annual Rotary Good Character Award Ceremony for Brentwood Union School District 5th Graders; Seasonal Opening of the East Contra Costa Historical Museum; Community Day of Service planning meeting; and watched the Planning Commission meeting.

E. PRESENTATIONS
E.1 Brentwood Police Department Annual Performance Report Police Chief, Tim Herbert, presented the Brentwood Police Department's Annual Performance Report.

F. CONSENT CALENDAR
Moved by: Faye Maloney, Council Member
Seconded by: Pa'tanisha Pierson, Vice Mayor
The Council adopted the Consent Calendar as recommended by staff.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
F.1 Meeting Minutes of March 25, 2025
Approved meeting Minutes of the City Council for the City Council / Successor Agency meetings of March 25, 2025.

F.2 A Proclamation recognizing April 20 - 26, 2025, as National Volunteer Week
By Proclamation, recognized April 20 - 26, 2025, as National Volunteer Week.

Mayor Meyer presented this proclamation to Amy Tilley and Julie Deck.

F.3 A Proclamation recognizing April 22, 2025, as Earth Day

4 By Proclamation, recognized April 22, 2025, as Earth Day.

F.4 Award of contract to Modernscapes Innovations for the Pavement Management Program 2025 (Concrete), CIP Project No. 336-31704 for $436,523
Adopted Resolution No. 2025-35 approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a contract and necessary documents for the Pavement Management Program 2025 (Concrete), CIP Project No. 336-31704, (“Project”). Modernscapes Innovations (“Modernscapes”) is the lowest responsible and responsive bidder in the amount of $379,586, plus funding authorization for a 15% contingency of $56,937, for a total funding authorization not to exceed amount of $436,523.

F.5 Consideration of the proposed updated list of Proclamations for 2025 Approved the proposed updated list of Proclamations for 2025.

G. PUBLIC HEARINGS
G.1 Adoption of an ordinance amending Section 8.36.035 (Weed Abatement) of the Brentwood Municipal Code to ensure consistency with state law, incorporate Contra Costa County Fire Protection District standards, and clarify the use of livestock
Ken Murphy, Chief Building Official, presented the item.

Mayor Meyer opened the public hearing.

Ten comments were submitted in writing to the City Clerk in advance of the City Council meeting. The following commenters support the use of livestock for weed abatement: Cumala Harris, Madeleine de la Fontaine, Maria McCauley, Richard Garchar, Robert Chuck, Victoria Sandberg and Susan Kennedy, and the following commenters oppose the use of livestock for week abatement: Abdul, Juliya Rudenko and Svetlana Bukanova.

Yildez spoke in opposition to the use of livestock for weed abatement purposes.

Clifton Fagerquist spoke in opposition to the use of livestock for weed abatement purposes.

Ian Cohen spoke in support of item G.1 as written.

Marisol spoke in support of the use of livestock for weed abatement.

There being no additional speakers, Mayor Meyer closed the public hearing.

City Clerk read the Ordinance title into the record.

5 Moved by: Jovita Mendoza, Council Member
Seconded by: Tony Oerlemans, Council Member
Waived the first reading of and introduced Ordinance 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.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
H. BUSINESS ITEMS
H.1 Amendment to Brentwood Municipal Code Chapter 7.02 to address camping on City property
Katherine Wisinski, City Attorney, presented the item.

Mayor Meyer opened public comments.

Amy Tilley spoke in support of this item.

Lynn Tei spoke on behalf of the Downtown Brentwood Coalition in support of this item.

Melissa van Ruiten spoke in opposition of this item.

Ian Cohen spoke in opposition of this item.

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

City Attorney, Katherine Wisinski, recommended two amendments to the ordinance - the inclusion of an additional line to the Ordinance further detailing the definition of "City property" and the removal of a note from staff which was inadvertently included.

City Clerk read the Ordinance title into the record.

Moved by: Faye Maloney, Council Member
Seconded by: Pa'tanisha Pierson, Vice Mayor
Introduced and waived the first reading of Ordinance 1086 amending Brentwood Municipal Code Chapter 7.02 to address camping on City property, including the two amendments as recommended by the City Attorney and approved by Council.

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

6 Motion Approved (5 to 0)
H.2 Pacific Coast Farmers’ Market Association Farmers Market Expansion Amanda Chaney, Recreation Supervisor, presented the item.

Mayor Meyer opened public comments.

Amy Tilley provided comments in support of the Pacific Coast Farmer's Market Association Farmers Market expansion.

Lynn Tei provided comments in support of the Pacific Coast Farmer's Market Association Farmers Market expansion.

Melissa van Ruiten provided comments in support of the Pacific Coast Farmer's Market Association Farmers Market expansion.

Cheyenne Erickson spoke on behalf of the Pacific Coast Farmer's Market Association and provided clarifying comments regarding this item.

Ian Cohen provided comments in support of the Pacific Coast Farmer's Market Association Farmers Market expansion.

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

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Mayor
The City Council, by motion, provided the following direction to staff regarding the possible expansion of the Downtown Brentwood Saturday Farmers Market:
1) Staff survey businesses within the boundaries of the existing Farmers Market and businesses in the proposed expansion area on Chestnut Street to determine:
 do these businesses want the Farmers Market to expand; and  do these businesses support expanding the Farmers Market to Chestnut Street; and
 how many impacted businesses would be interested in being in the Farmers Market and how often.
2) Staff to bring back potential safety improvements for the Farmers Market and other downtown events, and the costs associated.

If necessary, staff may separate the survey results and safety improvement recommendations and bring them back to the Council at separate meetings.

7 Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
H.3 Receive, discuss, and provide direction to City Staff on Radiant Convergence, Public Art Spaces CIP Project #337-37244, including potentially approving Amendment No. 2 for Public Art Spaces “Radiant Convergence” Agreement with Motivated Metal
Council recessed 10:29 p.m. and reconvened into open session at 10:40 p.m.

Thien Nguyen, Recreation Manager, and Stacey Lindell of Motivated Metal, presented the item.

Mayor Meyer opened public comments.

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

Moved by: Jovita Mendoza, Council Member
Seconded by: Tony Oerlemans, Council Member
Adopted Resolution 2025-36 authorizing the City Manager or designee to execute Amendment No. 2 to the Agreement for Artist Services with Motivated Metal for the “Radiant Convergence” project (“monument” or “project”), to increase compensation to the artist in the amount of $5,000, amend the scope of services, and allow for minor additional non-substantive revisions to it, including the addition of a force majeure clause, in consultation with the City Attorney.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
I. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Vice Mayor Pierson requested to have the Council reconsider the hours of operation for pickle ball courts at Creekside Park from the current 7:00 a.m. - 7:00 p.m. be revised to 8:00 a.m. - 8:00 p.m.

J. ADJOURNMENT
Vice Mayor Pierson/Council Member Maloney moved/seconded to adjourn at 11:27 p.m., and the motion carried unanimously.

1 SPECIAL CITY COUNCIL MINUTES
April 22, 2025, 6:30 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Meyer called the meeting to order at 6:31 p.m.

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

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

C. PUBLIC COMMENTS
Mayor Meyer opened public comments.

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

D. RECESS TO CLOSED SESSION
City Council recessed to Closed Session at 6:32 p.m.

E. BUSINESS ITEMS
E.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
E.2 CONFERENCE WITH LABOR NEGOTIATORS
F. ADJOURNMENT
City Council reconvened in open session at 7:01 p.m. with nothing to report from closed session.

Council Member Mendoza/Vice Mayor Pierson moved/seconded a motion to adjourn at 7:02 p.m., and the motion carried unanimously.

1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
April 22, 2025, 7:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Meyer called the meeting to order at 7:01 p.m.

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

Mayor Meyer announced the presence of Youth in Government students who were shadowing Council Members, City Attorney and the City Manager for a high school assignment. Students present were: Hazel Allen Brown, shadowing the Mayor; Jaden Spears, shadowing the Vice Mayor; Julian Rosa Jimenez, shadowing Council Member Mendoza; Alex Laughridge, shadowing Council Member Oerlemans; Rez Wilson shadowing Council Member Maloney; Juliana Paige, shadowing the City Attorney; and Natia Quigley, shadowing the City Manager.

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

C. PRESENTATIONS
C.1 Recognition of Outgoing City Manager Tim Ogden
Council Member Oerlemans presented a Certificate of Recognition on behalf of County Supervisor, Diane Burgis.

Council Member Faye Maloney presented a clock with a plaque in recognition of five years of service.

Mayor Meyer presented a Certificate of Recognition for five years of service with the City of Brentwood.

Student, Hazel Brown presented a plaque on behalf of the City of Brentwood in recognition of five years of service as City Manager.

Tim Ogden, City Manager, expressed his appreciation for the time he served as City Manager. He thanked the Council, staff and the Executive Team for their leadership and all they accomplished together.

Mayor Meyer opened public comments for this agenda item.

2 Olga Vidriales provided comments thanking Tim Ogden and honoring him for his 5 years of service to the City.

Julie Deck, and fellow Rotarians from the Rotary Club of Brentwood, provided comments thanking Tim Ogden and honoring him for his service to the City. They also provided him with a Certificate of Appreciation and a pin.

Adam Martinez, President of the Chamber of Commerce, provided comments thanking Tim Ogden and honoring him for his service to the City.

Gerald Johnson, Planning Commissioner, provided comments thanking Tim Ogden and honoring him for his service to the City.

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

D. PUBLIC COMMENTS
Mayor Meyer opened public comments.

Danny Dormann provided comments in favor of free speech and in opposition of hate speech.

Paul R. spoke in opposition of a fire station being built at the downtown location.

Estrella Juarez spoke in favor of allowing tattoo shops to operate in the downtown business area.

Carena Helvey, Youth Commissioner, provided an update on Youth Commission events.

Mike Meyokovich spoke in opposition of a fire station being built at the downtown location and suggested it be built on Sand Creek Road instead.

Dan Duran spoke in opposition of a fire station being built at the downtown location and suggested it be built on Sand Creek Road instead.

Mike Clement spoke in opposition of a fire station being built at the downtown location.

Brent spoke in opposition of the City organizing a Pride Parade.

Don Hester provided comments recognizing the Veteran Memorial Building's 100th anniversary.

Ian Cohen provided comments supporting Brentwood's diversity.

Oxsana provided comments supporting Brentwood's diversity and expressed concerns about divisiveness.

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

3 E. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Council Member Oerlemans reported on attendance at the Police Activities League Barbecue; East Contra Costa County Habitat Conservancy Committee board meeting; Community Day of Service event at Veterans Park; Agenda Review meeting; Brentwood Lions Youth in Government Day annual event at City Hall; retirement celebration for Jim Howard, Street Maintenance Supervisor's 21 years of service to the City of Brentwood; and City Council's Closed Session meeting.

Council Member Maloney reported on attendance at the Soroptimist of the Delta student recognition dinner; East County Electeds roundtable with meeting with Senator Christopher Cabaldon and various local leaders; meeting with Economic Development Manager, Ricardo Noguera; Chamber of Commerce Celebrating Brentwood Gala; meetings with District 1 residents; Diversity Equity Belonging and Inclusion Committee meeting; visitation to the Brentwood Police Department's Dispatch Center; and the retirement celebration for Jim Howard.

Council Member Mendoza reported on attendance at Ribbon Cutting for Windsor Way Park; Community Day of Service event at Veterans Park; Commissioner Appreciation Dinner; interviews for the Director of Parks and Recreation position; meeting with the Contra Costa Health Department; and the League of California Cities Latino Caucus meeting.

Vice Mayor Pierson reported on attendance at Ribbon Cutting for Windsor Way Park; Commissioner Appreciation Dinner; interviews for the vacant Director of Parks and Recreation position; Diversity Equity Belonging and Inclusion meeting; Land Use and Development Committee meeting; Democratic Party of Contra Costa County meeting; Chamber of Commerce Celebrating Brentwood Gala; going away party celebrating Tim Ogden's five years of service as City Manager; Redefining Mobility Summit meeting in San Ramon; Brentwood Lions Youth in Government Day annual event at City Hall; and the retirement celebration for Jim Howard.

Mayor Meyer reported on attendance at the Soroptimist of the Delta student recognition dinner; East County Electeds roundtable with meeting with Senator Christopher Cabaldon and various local leaders; Chamber of Commerce Celebrating Brentwood Gala; Community Day of Service event at Veterans Park; Commissioner Appreciation Dinner; Diversity Equity Belonging and Inclusion Committe meeting; virtually attended the Planning Commission meeting; meeting discussing Economic Development opportunities and the Urban Limit Line; a panel for East County Elected Officials with officials from Oakley, Antioch and local school board members; culinary showcase with Heritage High School Culinary Academy; Brentwood Lions Youth in Government Day annual event at City Hall.

Assistant City Manager, Darin Gale provided the following updates: the Youth Commission Cultural Fair will be held on Saturday, April 26th from noon to

4 3:00 p.m.; the application for design review for the Fire Station will come back before the Planning Commission on Tuesday, May 6, 2025; and the update to the Tobacco Ordinance will come back before City Council on Tuesday, May 13, 2025.

F. CONSENT CALENDAR
Amanda McVey, City Clerk, read the Ordinance titles for items F.20 and F.24 into the record.

The Council adopted the Consent Calendar as recommended by staff including the typographical correction to item F.3.

Moved by: Pa'tanisha Pierson, Vice Mayor
Seconded by: Faye Maloney, Council Member
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
F.1 Meeting Minutes of April 8, 2025
Approved meeting Minutes of the City Council Special Meeting of April 8, 2025.

F.2 A Proclamation recognizing April 2025 as American Muslim Appreciation and Awareness Month
By Proclamation, recognized April 2025 as American Muslim Appreciation and Awareness Month.

F.3 A Proclamation recognizing April 22, 2025 as Youth in Government Day
By Proclamation, recognized April 22, 2025 as Youth in Government Day.

F.4 A Proclamation recognizing April 25, 2025 as Arbor Day By Proclamation, recognized April 25, 2025 as Arbor Day.

F.5 A Proclamation recognizing April 25, 2025 as Parental Alienation Awareness Day
By Proclamation, recognized April 22, 2025 as Parental Alienation Awareness Day.

F.6 A Proclamation recognizing May 2025 as Asian American and Pacific Islanders Heritage Month
By Proclamation, recognized May 2025 as Asian American and Pacific Islanders Heritage Month.

5 F.7 A Proclamation recognizing May 2025 as Building Safety Month By Proclamation, recognized May 2025 as Building Safety Month.

F.8 A Proclamation recognizing May 2025 as Jewish American Heritage Month
By Proclamation, recognized May 2025 as Jewish American Heritage Month.

F.9 A Proclamation recognizing May 2025 as National Historic Preservation Month
By Proclamation, recognized May 2025 as National Historic Preservation Month.

F.10 A Proclamation recognizing May 2025 as National Water Safety Month By Proclamation, recognized May 2025 as National Water Safety Month.

F.11 A Proclamation recognizing May 2025 as Older Americans Month By Proclamation, recognized May 2025 as Older Americans Month.

F.12 A Proclamation recognizing May 2025 as Water Awareness Month By Proclamation, recognized May 2025 as Water Awareness Month.

F.13 A Proclamation recognizing May 1, 2025 as National Day of Prayer By Proclamation, recognized May 1, 2025 as National Day of Prayer.

F.14 A Proclamation recognizing May 5 through May 11, 2025 as National Teacher Appreciation Week
By Proclamation, recognized 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
By Proclamation, recognized May 5 through May 11, 2025 as Municipal Clerks Week.

F.16 A Proclamation recognizing May 6, 2025 as National Nurses Day By Proclamation, recognized May 6, 2025 as National Nurses Day.

F.17 A Proclamation recognizing May 11 through May 17, 2025 as Armed Forces Week
By Proclamation, recognized 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

6 By Proclamation, recognized 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
By Proclamation, recognized 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 Waived the second reading and adopted 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
Adopted Resolution 2025-37 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 Adopted Resolution 2025-38 (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.

7 F.23 Approve Amendments to the Flag Policy to Display Flags Prominently for Public Visibility
Adopted Resolution 2025-39 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
Waived second reading and adopted 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
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
Sukari Beshears, Director of Human Resources/Risk Manager, presented the item.

Mayor Meyer opened public comments.

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

Moved by: Jovita Mendoza, Council Member
Seconded by: Faye Maloney, Council Member
Adopted Resolution 2025-40: 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.

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

8 G.2 A Resolution Appointing Darin Gale as Interim City Manager Sukari Beshears, Director of Human Resources/Risk Manager presented the item.

Mayor Meyer opened public comments.

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

Moved by: Pa'tanisha Pierson, Vice Mayor
Seconded by: Tony Oerlemans, Council Member
Adopted Resolution 2025-41 appointing Darin Gale as Interim City Manager.

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

I. ADJOURNMENT
Moved by: Faye Maloney, Council Member
Seconded by: Pa'tanisha Pierson, Vice Mayor
The Council, by motion, adjourned at 8:39 p.m.

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

1 SPECIAL CITY COUNCIL MINUTES
May 7, 2025, 5:30 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Meyer called the meeting to order at 5:33 p.m.

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

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

C. PUBLIC COMMENTS
Mayor Meyer opened public comments.

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

D. RECESS TO CLOSED SESSION
City Council recessed to Closed Session at 5:35 p.m.

E. BUSINESS ITEMS
E.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
F. ADJOURNMENT
City Council adjourned from Closed Session at 7:31 p.m.

PROCLAMATION
WHEREAS, Memorial Day stands as a solemn occasion to honor the brave men and women of the United States Armed Forces who have made the ultimate sacrifice in defense of our nation's freedoms; and WHEREAS, the City of Brentwood recognizes the profound
contributions of its veterans and active-duty service members, acknowledging the deep impact their service has on our community; and WHEREAS, local organizations, including Veterans of Foreign Wars Post 10789 and Marine Corps League Detachment 1155, continue to uphold the tradition of remembrance through annual ceremonies, fostering a spirit of unity and reflection among residents; and
WHEREAS, the City of Brentwood actively supports initiatives such as the Military/Veteran Banner Program, which visibly honors our service members and veterans, reinforcing our collective gratitude; and WHEREAS, on this day, we join communities nationwide in observing the National Moment of Remembrance at 3:00 p.m., pausing to reflect on the sacrifices made by our fallen heroes.

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

MEMORIAL DAY
and the City of Brentwood encourages all residents to honor the memory of our fallen service members and to participate in local commemorative events that pay tribute to their enduring legacy.

Dated this 13th day of May, 2025
Susannah Meyer, Mayor

PROCLAMATION
WHEREAS, the safety and well-being of children is a fundamental concern for families and communities across the nation, and the City of Brentwood stands united in our commitment to protect our most vulnerable; WHEREAS, National Missing Children’s Day, first proclaimed in 1983, honors the efforts of law enforcement, child advocates, and everyday citizens who work tirelessly to locate and bring missing children home; WHEREAS, the 2025 theme, “Bringing Our Missing Children Home,” reflects our shared dedication to awareness, prevention, and coordinated efforts to support recovery and reunification;
WHEREAS, through education, vigilance, and community
partnerships, we can help prevent child abductions and empower families with the tools they need to keep children safe;
WHEREAS, the City of Brentwood reaffirms its commitment to child safety and stands in solidarity with all families affected by the disappearance of a loved one, continuing to raise awareness and support nationwide efforts to find and protect every missing child.

NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes May 25, 2025 as

NATIONAL MISSING CHILDREN'S DAY
and the City of Brentwood encourages all residents to honor this day with appropriate programs, activities, and support for efforts aimed at bringing our missing children home.

Dated this 13th day of May, 2025
Susannah Meyer, Mayor

PROCLAMATION
WHEREAS, public works professionals focus on infrastructure, facilities, and services that are vital to sustainable and resilient communities and the public health, high quality of life, and well-being of the people of Brentwood; and
WHEREAS, the 2025 theme, “People, Purpose, Presence”, recognizes the essential role public works employees play in connecting the community through their daily contributions and enduring commitment to public service; and
WHEREAS, the City of Brentwood acknowledges and celebrates the skill, innovation, and unyielding presence of its public works team in planning, building, and maintaining the infrastructure that supports everyday life; and WHEREAS, it is fitting that we recognize the contributions of our public works professionals and encourage citizens to learn more about how these essential services shape our quality of life.

NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes May 18-24, 2025 as

NATIONAL PUBLIC WORKS WEEK
and the City of Brentwood encourages all residents to recognize the important contributions of our public works professionals and express our sincere appreciation for their continued service.

Dated this 13th day of May, 2025
Susannah Meyer, Mayor

CITY COUNCIL AGENDA ITEM NO. E.5
05/13/2025
SUBJECT: Consideration of a Recommendation for an Arts Commission Commissioner Appointment
DEPARTMENT: City Clerk
STAFF: Amanda McVey, City Clerk

TITLE/RECOMMENDATION
Consider Mayor Meyer’s recommendation to appoint Lindsay Bush to the Arts Commission to fill a mid-term vacancy expiring on December 31, 2025.

FISCAL IMPACT
Not applicable.

BACKGROUND
The purpose of this agenda item is for the City Council to consider for approval the Mayor’s recommendation of one member to fill a mid-term vacancy on the Arts Commission.

The Brentwood Municipal Code (“BMC”) provides that there will be five Arts Commissioners. Under BMC section 2.48.020, Arts Commissioners serve terms of three years. On March 11, 2025, Commissioner Anna Szabados resigned from her appointment prior to the completion of her term, which is set to expire on December 31, 2025. Staff had previously advertised the annual Arts Commission vacancies on November 18, 2024, and ten (10) applications were submitted by the January 3, 2025, deadline.

The City Council formed the Commission Interview Ad-Hoc Committee on January 14, 2025. The Committee consists of Mayor Meyer and Council Member Maloney. The Commission Interview Ad-Hoc Committee conducted eight in-person interviews of candidates on February 20, 2025, in the Council Chambers. Interviews for the eight candidates can be viewed here and included:

Lindsay Bush Gargi Prasad Laura Whittington
Ona Lorraine Canilao Riannon Thomas Liliya Yakymechko
Rosa Gascoigne Melissa van Ruiten

CITY COUNCIL AGENDA ITEM NO. E.5
05/13/2025
After conducting the interviews and Committee deliberation, the Mayor recommended Rosa Gascoigne and Riannon Thomas for consideration for appointment to the Arts Commission for three-year terms expiring on December 31, 2027, and the City Council approved this recommendation on March 11, 2025.

Following a review of the interviews from February 20, 2025, the Mayor recommends Lindsay Bush to be considered for appointment to the Arts Commission to fill the midterm vacancy expiring on December 31, 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. Continue this item to a future meeting.

2. Do not approve the recommended candidate and consider other candidates.

3. Conduct additional interviews at a future meeting.

ATTACHMENT(S)

1. Previous Action

2. Arts Commission applications

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

On January 14, 2025, the City Council created an Ad-Hoc Committee to conduct interviews for Commission applicants.

On March 11, 2025, the City Council approved the appointments of Rosa Gascoigne and Riannon Thomas to the Arts Commission for three-year terms expiring on December 31, 2027.

Lindsay Bush
Talented educator with a strong background in areas of design and multiple mediums. Passionate about fostering artistic excellence, critical thinking, and personal growth in students.

WORK EXPERIENCE
Heritage High School, Brentwood, CA — Intern
August 2018 - May 2019
● Aids in classroom organization and running ceramic equipment. ● Assisting students with creative brainstorming and techniques. ● Demonstrated enthusiasm and strong communication skills. ● Cleaned and organized classrooms, materials, and supplies.

LAB Ceramics Co., Brentwood, CA— Owner/Artist
June 2017 - May 2020
● Commission for two restaurants for dinnerware in the Bay Area. ● Mainly focused on functional ceramic wares.
● Built and enhanced relationships with clients to boost revenue. ● Promoted business on social media platforms to maximize brand identity.

Alex Marshall Studios, Chico, CA- Studio Assistant
August 2021- April 2022
● Worked in a collaborative work environment.
● Engaged with product deadlines and data tracking.
● Creative problem-solving skills throughout the entire studio. ● Implemented and edited studio processes.

CSU Chico State (Valene L. Smith Museum of
Anthropology), Chico, CA — Museum Assistant
July 2022 - April 223
● Developed and Demonstrated interactive community projects. ● Engaged with local community
● Collaborated with subject matter experts across various fields.

Los Medanos Community College, Pittsburg, CA — Studio
Assistant
September 2024 - Current
● Organization of the classroom
● Created an organized system of tracking projects
● Engaging positively with students, providing professional and

OTHER EXPERIENCE
Worked/Volunteered in
multiple K-12 classrooms
Lead multiple gallery
showcases: planning and set
up
Art Education Club President
@ CSU Chico

EDUCATION
Associate of Art LMC 2020
Bachelors of Arts Studio Arts
with a Ceramic Concentration,
California State
University-Chico, Chico CA
2023
Bachelors of Arts Art
Education, California State
University-Chico, Chico Ca
2023

polite support.
● Aiding in cross-curricular projects
Liberty Union School High District, Brentwood, CA —
Substitute Teacher
September 2024 - Current
● Classroom management
● Engaging with a variety of students and subjects
● Observing and following an assortment of school
policies/procedures
CV:
● CACCA Davis; 2019-2023 (6 Showcases)
● Delta Art Gallery; 2019
● Los Medanos 2020 Juried Student Art Show (First
3-Dimensional Prize)
● Janet Turner Gallery: Ink and Clay; 2021
● Annual Art Education Showcase; 2021 (Juried Prize), 2022 (Juried Prize), 2023
● Contra Costa Community College District Investiture
Ceremony; 2024
● Los Medanos Staff and Faculty Exhibition; 2024

1 Liliya Yakymechko
Educator and art historian, trained in modern and contemporary art.

EDUCATION
2021- 2022 Graduate Theological Union. Department of Historical and Cultural Studies of Religion. Ph.D. student. Currently withdrawn with option to renew in duration of three years. Interdisciplinary research in art and religion. 2020 Azusa Pacific University. Master of Arts in Modern Art History, Theory, and Criticism.

MA Thesis: Industrial Cityscapes of Charles Demuth in the Context of American Modernism of Interwar Period.
2015 Lviv National Academy of Arts (Lviv, Ukraine), ABD status of Ph. D. in Western Art History at the Department of History and Theory of Arts. Dissertation:

Decorative Painting of Paraska Khoma in the Context of Ukrainian Folk Art. 2009 V. Stefanyk Precarpathian National University, Institute of Arts (IvanoFrankivsk, Ukraine). Master Degree in Interior Design and Equipment with Minor in Art Education.

MA Thesis: Structural Play in the Architectural Space of Postmodernism:

Regional Case Study.
2008 V. Stefanyk Precarpathian National University, Institute of Arts (IvanoFrankivsk, Ukraine). Bachelor of Arts (Design) with Major in Interior Design.

ADDITIONAL TRAINING
2024 CSET: Art teaching credentials.
2024 Docent training in San Jose Museum of Art

2 2012 – 2015 City College of San Francisco. English and Art History сourses. 2016 Coursera educational technology company. Online сourses.

TEACHING EXPERIENCE
2024 - pres. Docent and art educator in K-5 Let's Look at Art and K-12 Art in the Dark education programs in San Jose Museum of Art.
2015 Teaching Assistant, Lviv National Academy of Arts (Lviv, Ukraine), Fall Semester. 2008 Internship, High Professional Art School #3 (Ivano-Frankivsk, Ukraine).

OTHER PROFESSIONAL EXPERIENCE
Dec. – 2024 Substitute teacher, part-time, Mount Diablo Unified School District. • The substitute is responsible for the full schedule of the regular teacher.

Substitute maintains normal classroom routines and discipline procedures.

Nov. – 2024 Substitute teacher, part-time, Swing Education. • Substitute is responsible for normal classroom routines and regular students’ schedule.
2012 – 2024 Graphic designer, freelancer, part-time.
• Brand Identity and commercial products design
• Designing website graphical content
• Image templates and image editing
• Pre-print preparation and illustration
2009 – 2011 Interior Designer. Worked in two different companies in Ukraine as interior designer assistant.

3 • Space planning and interior design reconfigurations • Conduct meetings, presentation, and coordination of design projects • Materials and furniture selection
• Preparation of construction draughts and other documentation • 3D visualization with rendering

CONFERENCE ACTIVITY
2014 – 2016 Attended few different conferences in Humanities, presenting talks and papers related to my Ph.D. research.

PUBLICATIONS
Articles
2014 – 2016 Published five articles in Ukrainian scientific journals related to my research thesis about traditions of Ukrainian folk art.

MEMBERSHIP
2016 – 2020 College Art Association

MELISSA VAN RUITEN
SKILLS
I am an award-winning photographer residing in the San Francisco Bay Area. I have over 20 years of photography experience, along with solid leadership ability. I have successfully built and marketed my portrait and wedding photography business.

I excel at research and communication and am able to work well with a variety of people. My curious nature and ability to multitask allow me to learn new skills with ease.

EXPERIENCE
Melissa van Ruiten Photography — Owner/Photographer
January 2011 - Present
● Schedule and photograph client sessions, weddings, and elopements ● Digitally retouch and enhance client images (proficient with Adobe Suite) ● Provide clients with exceptional images at their personalized sales session ● Provide complete wedding photography services
Brentwood Press & Publishing Corporation — Photographer/Reporter April 2019 - December 2022; August 2023 - December 2023 ● Monitor emergency radio traffic and cover breaking news events ● Photograph people and events among the East County community ● Write engaging stories on a wide variety of topics
● Produce daily, short form video news updates
● Interview a variety of people for the weekly podcast, Clocked In with The Press Contra Costa County Board of Supervisors, District 3 — Scheduler/District Representative January 2023 - August 2023
● Maintain schedule and calendar for elected official
● Compile and publish weekly newsletter
● Maintain verbal and written communication with constituents, other electeds, and county staff ● Perform general office duties
Yours Truly Media — Photo Production Supervisor/Photographer October 2018 - February 2022
● Manage a nationwide team of 150+ photographers
● Track upcoming weddings and schedule photographers in their individual regions ● Hire new photo talent
● Hold training and evaluations for the freelance photography team ● Collaborate with the management team on best practices to maintain the high standards set forth by the company for client satisfaction
● Photograph weddings nationwide, as needed
Blue Sky Elopements — Associate Photographer
June 2018 - Present
● Connect with clients to plan details and set expectations ● Provide photography services for clients who are eloping in Northern California.

110 Magazine, LLC — Contributing Photographer
November 2019 - March 2022
● Schedule, photograph, and edit editorial and profile images ● Schedule, photograph, and edit images for local business advertisements Fusion Moments Media — Associate Photographer/Studio Manager June 2015 - October 2018
● Provide photography services for client engagement sessions and weddings, with a specialization in South Asian weddings
● Coordinate freelancers for events
● Coordinate post-processing for client photos and videos ● Build and manage company website and social media presence ● Interface with clients and provide a flawless experience from booking to product delivery

EDUCATION
Diablo Valley College
2024 - present, Pleasant Hill, CA
Political Science (Honors)
Cape Cod Community College
1999 - 2001, Barnstable, MA
Drama and Dramatics/Theatre Arts/Dance

LICENSES & CERTIFICATIONS
Certified LGBTQ+ Inclusive Wedding Vendor - Equally Wed Pro

HONORS & AWARDS
Better Newspaper Contest - National Newspaper Association Foundation 1st Place - Best Breaking News Photo - 2022

VOLUNTEER EXPERIENCE
Brentwood Lions Club - Member
August 2024 - Present
The Lions’ mission is to empower volunteers and partners to improve health and well-being, strengthen our community, and support those in need through humanitarian services and grants that impact lives locally and globally, and encourage peace and international understanding.

The Gold Hope Project - Founding Board Member & Photographer October 2012 - Present
The Gold Hope Project is a group of international photographers that have come together to photograph families, free of charge, with the hopes of bringing about awareness of and to raise funds for pediatric oncology research and treatment.

The Gold Hope Project is a registered 501(c)(3) non profit organization.

Mothers of Brentwood - Board Member
January 2016 - December 2019
2016 - 2017 - Community Outreach Coordinator
2018 - 2019 - Tech Advisor
Mothers of Brentwood is a registered 501(c)(3) non profit organization.

Riannon N. Thomas

SUMMARY OF QUALIFICATIONS
Certified Parks and Recreation Professional with over 10 years of public and private recreation experience. Well versed in creating and managing municipal visual and performing arts budgets, programming, contract recruitment, and events, with a commitment to enhancing community engagement through arts and recreation initiatives.

PROFESSIONAL EXPERIENCE
City of San Ramon | San Ramon, CA
Recreation Coordinator
04/2019 – Present
• Develop and manage arts programming budget and make CIP recommendations. • Develop and oversee recreational programs and events. • Lead recruitment, training, and management of staff and volunteers. • Manage 5 galleries with over 50 exhibits annually, including Youth Art Month and 2 Juried Shows. • Recruit and manage contracts for 33 vendors providing a diverse range of arts specific programming. • Collaborate with stakeholders to implement strategic department initiatives and community outreach.

Senior Recreation Leader II - Acting Recreation Technician 04/2019 – 10/2017
• Assisted in the planning and execution of community programs and events. • Supported team efforts in managing facilities and ensuring a positive experience for participants.

EDUCATION
Fairfield University, Fairfield, CT
B.A. Double Major: Politics & Studio Art
Minor: International Studies
2004 - 2008
• Activities: Varsity Softball (Division I), Student-Athlete Advisory Committee • Awards: Mary Louise Larrabee Award for Outstanding Achievement in Studio Art, Service Award

CERTIFICATIONS
• National Recreation and Parks Association Certified Parks & Recreation Professional (CPRP) • Leadership Certificate, National Parks & Recreation Association

PROFESSIONAL AFFILIATIONS

• National Recreation and Parks Association - Member
• California Parks and Recreation Society – Member
• California Parks and Recreation Society District 3 Board of Directors – Section Representative • Council for Art Education - Member
• California for the Arts - Member
• Americans for the Arts - Member
Riannon N. Thomas is dedicated to enhancing community life through dynamic arts and recreation programs.

CITY COUNCIL AGENDA ITEM NO. E.6
5/13/2025
SUBJECT: Approve a resolution for the recommendation from 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: Vatsal Patel, 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’ within the Hanson Lane subdivision.

FISCAL IMPACT
Not applicable

BACKGROUND
On April 22, 2025, the City Council approved the names of Salmon Park and Hanson Park to be assigned to the parks to be constructed on Parcel ‘B’ and on Parcel ‘D’, respectively, of the Meritage Homes at Hanson Lane Project (Subdivision 9574) however, a Resolution was not included in the agenda packet at the time this item was approved.

Tonight, staff is bringing back this item with the Resolution to be approved by the City Council.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

CITY COUNCIL AGENDA ITEM NO. E.6
5/13/2025

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

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

1. If the City Council does not approve staff’s recommendation, no official Resolution for this item will be filed.

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

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

ATTACHMENT(S)

1. Previous Action

2. Agenda item approved from April 22, 2025

3. Resolution

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 22, 2025, the City Council approved the names of Salmon Park and Hanson Park to be assigned to the parks to be constructed on Parcel ‘B’ and on parcel ‘D’, respectively, of the Meritage Homes at Hanson Lane Project (Subdivision 9574).

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

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.
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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
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EXHIBIT 'A' TO
CITY COUNCIL RESOLUTION NO. 23-XXX

CONDITIONS OF APPROVAL FOR
Resolution 2023-130
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 SO-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.
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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."
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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."
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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

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. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING THE NAMES ‘SALMON PARK’ AND
‘HANSON PARK’ BE ASSIGNED TO THE PARKS TO BE
CONSTRUCTED ON PARCEL ‘B’ AND ON PARCEL ‘D’,

RESPECTIVELY, OF THE MERITAGE HOMES AT HANSON LANE
PROJECT (SUBDIVISION 9574)
WHEREAS, on July 17, 2001, the City Council approved Administrative Policy 50-1 regarding the Naming/Dedication of City Facilities; and WHEREAS, on October 24, 2023, the City Council approved Vesting Tentative Subdivision Map 9574 (the “Meritage Homes at Hanson Lane project” or “Subdivision 9574”) by adoption of Resolution No. 2023-10; and
WHEREAS, on March 27, 2025, the Park and Recreation Commission voted to recommend that the City Council assign the names ‘Salmon Park’ and ‘Hanson Park’ to the parks that will be constructed on Parcel ‘B’ and Parcel ‘D’, respectively, of the Meritage Homes at Hanson Lane project; and
WHEREAS, on May 13, 2025, the City Council considered the recommendation of the Park and Recreation Commission; and
WHEREAS, per Administrative Policy 50-1, facility names are to be considered in a manner that provides easy and recognizable reference for the City’s residents and customers. Preference 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 historically or culturally significant names may be considered and chosen where appropriate or where a theme can be meaningful; and WHEREAS, the City Council determined that, due to the park’s location with a clear view of the Marsh Creek to the south and the second park’s proximity to Hanson Lane to the east, the names ‘Salmon Park’ for Parcel ‘B’ and ‘Hanson Park’ for Parcel ‘D’ would be appropriate.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve the assignment of the following park names to the new City parks to be constructed by the project developer:

1. Salmon Park – Parcel ‘B’ of Subdivision 9574, Meritage Homes at Hanson Lane

2. Hanson Park – Parcel ‘D’ of Subdivision 9574, Meritage Homes at Hanson Lane

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of May 2025 by the following vote:

CITY COUNCIL AGENDA ITEM NO. E.7
05/13/2025
SUBJECT: Notice of Completion for work performed by Park Associates, Inc., dba Park Planet, for Egret Park Playground Replacement, CIP Project No. 352-52450
DEPARTMENT: Parks and Recreation
STAFF: Aaron Wanden, Park Maintenance Manager
Brian Johnson, Park Maintenance Supervisor
Elaine McGurk, Project Services Specialist

TITLE/RECOMMENDATION
Adopt a Resolution accepting the work performed by Park Associates, Inc., dba Park Planet, for the Egret Park Playground Replacement, CIP Project No. 352-52450, and request the City Clerk file a Notice of Completion with the County Recorder.

The project is exempt from the California Environmental Quality Act (“CEQA”, codified at Public Resources Code §§ 21000, et seq., as further governed by the State CEQA Guidelines, 14 CCR §§ 15000, et seq.), pursuant to Section 15302 of the CEQA Guidelines, because the proposed project removed the existing play structure, and replaced it with a new play structure at the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced.

FISCAL IMPACT
The total contract amount for the work performed by Park Associates, Inc., dba Park Planet, for the Egret Park Playground Replacement, CIP Project No. 352-52450 (“Project”) is as follows:

Contractor Final
Amount
Council Approved
Amount (contract plus
10% contingency)
Park Associates, Inc., dba Park Planet $352,525.71 $387,778.28 The final amount spent for the work performed was $352,525.71, equal to the approved contract amount. The 10% contingency was not utilized. This Project was funded by the Parks and Landscape and Lighting Assessment District (LLAD) Replacement Fund.

CITY COUNCIL AGENDA ITEM NO. E.7
05/13/2025

BACKGROUND
Egret Park was constructed in 2017 and includes two bays, an area with swings and a main playground area. The main playground footprint included play equipment for groups aged 2–5 and 5–12 years, respectively. At this time, staff only requested for the main playground area to be replaced. This park was moved up in the park playground replacement list per the approval of the Park and Recreation Commission on March 28, 2024 based on staff inspections, excessive use and replacement parts not being available.

The replacement was based on the industry standard 15-20 years warranty period and life expectancy for play structures of this type. The structures were showing signs of excessive wear and tear on the features, as well as color fade due to age and exposure to the elements.

On April 8, 2024, staff solicited quotes from three separate vendors that included Park Planet, Ross Recreation (LSI), and Specified Play Equipment, Co. On June 14, 2024, staff received three quotes, along with conceptual plans, from all three vendors.

On July 17, 2024, Parks and Recreation staff members, along with Egret Park Playground Ad-Hoc Subcommittee members Commissioner Blythe Lind and ViceChair Norm Cohen, reviewed the initial conceptual designs submitted by the three vendors. After reviewing various renditions provided by each of the vendors, Park Planet was able to provide the most challenging and unique conceptual designs for the play structures, as requested. Each element included was carefully selected to ensure it was inclusive and beneficial for all children.

On September 26, 2024, the Park and Recreation Commission unanimously agreed on the Project design and to make the recommendation to the City Council to approve the concept plan by Park Planet at its November 12, 2024 City Council meeting.

The Notice to Proceed was issued to Park Planet with the start date of February 24, 2025. Staff completed the demolition and prepared the site for installation of equipment. Installation of the new playground equipment took place late February and was completed on March 31, 2025. Park Planet has met its contractual obligations, and staff is recommending that the work performed by Park Planet be accepted, and the Notice of Completion be filed with the County Recorder. Below are the photos of the completed Project.

CITY COUNCIL AGENDA ITEM NO. E.7
05/13/2025

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
As noted above, the project is exempt from the California Environmental Quality Act (“CEQA”, codified at Public Resources Code §§ 21000, et seq., as further governed by the State CEQA Guidelines, 14 CCR §§ 15000, et seq.), pursuant to Section 15302 of the CEQA Guidelines, because the proposed project removed the existing play structure, and replaced it with a new play structure at the same site as the structure

CITY COUNCIL AGENDA ITEM NO. E.7
05/13/2025
replaced and will have substantially the same purpose and capacity as the structure replaced.

ALTERNATIVE OPTION(S)

1. If the City Council does not approve staff’s recommendation, staff will not be able to close out this Project or be able to file the Notice of Completion with the County.

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Notice of Completion

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 May 28, 2024, by Resolution 2024-56, City Council adopted the 2024/25 – 2028/29 Capital Improvement (CIP) which includes the Egret Park Playground Replacement Project, CIP Project No. 352-52450.

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

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

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD ACCEPTING THE WORK PERFORMED BY PARK
ASSOCIATES INC., DBA PARK PLANET FOR THE EGRET PARK
PLAYGROUND REPLACEMENT PROJECT, CIP PROJECT NO. 352-
52450, AND REQUESTING THE CITY CLERK TO FILE A NOTICE

OF COMPLETION WITH THE COUNTY RECORDER
WHEREAS, in 2017 Egret Park was constructed and included two bays, an area with swings, and a main playground area with play equipement for groups aged 2-5 and 5- 12 years, and this replacement is based on industry standards of a 15-20 year warranty period and life expectancy for play structures of this type, and replacement parts are no longer available; and
WHEREAS, on May 28, 2024, by Resolution 2024-56, City Council adopted the 2024/25 – 2028/29 Capital Improvement (“CIP”) that included the Egret Park Playground Replacement Project, CIP Project No. 352-52450 (the “Project”); and WHEREAS, on June 25, 2024, by Resolution 2024-73, City Council adopted the 2024/25 – 2025/26 Operating Budget; and
WHEREAS, staff solicited quotes on April 8, 2024, and received responses from three vendors that included conceptual plans with their quotes, on June 14, 2024; and
WHEREAS, on July 17, 2024, Parks and Recreation staff members met with the Egret Park Playground Ad-Hoc Subcommittee members Commissioner Blythe Lind and Vice-Chair Norm Cohen to review the conceptual designs submitted by the three vendors; and
WHEREAS, the Ad-Hoc Subcommittee members ultimately selected the conceptual design submitted by Park Associates, Inc., dba Park Planet (“Park Planet”) because it was the most challenging and unique design; and WHEREAS, on September 26, 2024, the Park and Recreation Commission approved the Park Planet conceptual plan with a few minor changes; and WHEREAS, on November 12, 2024, by Resolution 2024-116, the City Council of the City of Brentwood 1) approved the purchase and installation of playground equipment for Egret Park, and authorized the City Manager or his designee to execute a contract in the amount of $352,525.71 plus 10% contingency amount of $35,252.57 for additional services, for a total authorization not to exceed amount of $387,778.28 with Park Associates Inc., dba Park Planet for the Egret Park Playground Replacement, CIP Project No. 352-52450, 2) amended the 2024/25 – 2028/29 Capital Improvement Program (CIP) to include the revised Project budget, and 3)

amended the 2024/25 Operating Budget for the associated project funding transfer of $52,780 from the Parks and LLAD Replacement Fund; and WHEREAS, Park Planet completed installation of the project on March 31, 2025, has met its contractual obligations, and staff recommends that the work performed by Park Planet be accepted, and the Notice of Completion filed with the County Recorder.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby approves a Resolution accepting the work performed by Park Planet for the Egret Park Playground Replacement Project, CIP Project No. 352- 52450, and requests that the City Clerk file a Notice of Completion with the County Recorder.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of May 2025 by the following vote:

NOTICE OF COMPLETION
Recording Requested By:

The City of Brentwood
When Recorded Mail To:

Amanda McVey, City Clerk
City of Brentwood
150 City Park Way
Brentwood, CA 94513

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE § 27383
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

NOTICE OF COMPLETION
Civil Code §§ 9204 and 9208
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is the agent of the owner of the Project described below.

2. Owner’s full name is City of Brentwood.

3. City’s address is 150 City Park Way, Brentwood, CA 94513

4. The nature of City’s interest in the Project is:
_x_ Fee Ownership __ Lessee __ Other:__________________

5. Construction work on the Project performed on City’s behalf is generally described as follows:

Egret Park Playground Replacement, CIP Project No. 352-52450.

6. The name of the original Contractor for the Project is: Park Associates, Inc., dba Park Planet located at 415 Elm Street, Red Bluff, CA 96080.

7. The Project was accepted as complete on: May 13, 2025.

8. The Project is located at: 580 Eileen Street, Brentwood, CA 94513.

Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. __________________________ ________________________________ Date and Place Signature
________________________________
Amanda McVey, City Clerk

CITY COUNCIL AGENDA ITEM NO. E.8
05/13/2025
SUBJECT: Award of Contract to Sandstone Environmental Engineering, Inc. for the Water Line Improvement – Kent Drive Project, CIP Project No. 562-56421
DEPARTMENT: Engineering Department
STAFF: Allen Baquilar, Director of Engineering/City Engineer Vatsal Patel, Engineering Manager

TITLE/RECOMMENDATION
Adopt a Resolution approving the contract documents, waiving immaterial irregularities, awarding the bid, and authorizing the City Manager or designee to execute a contract and necessary documents for the Water Line Improvement – Kent Drive Project, CIP Project No. 562-56421, with Sandstone Environmental Engineering, Inc. as the lowest responsible bidder in the amount of $284,420, plus funding authorization for a 15% contingency of $42,663, for a total funding authorization not to exceed amount of $327,083.

The Water Line Improvement – Kent Drive Project, CIP Project No. 562-56421, is exempt from the California Environmental Quality Act (“CEQA,” codified at Public Resources Code §§ 21000, et seq., and further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.) per 14 CCR § 15061. A Notice of Exemption was filed with the Contra Costa County Clerk Recorder on April 2, 2025, per 14 CCR § 15062.

FISCAL IMPACT
The total bid amount is $284,420, plus funding authorization for a 15% contingency of $42,663, for a total funding authorization of $327,083. No budget amendment is necessary.

The funds for the Water Line Improvement – Kent Drive Project, CIP Project No. 562- 56421 (“Project”) are included in the 2024/25-2028/29 Capital Improvement Program (“CIP”). The Project is funded by the Water Enterprise Fund ($335,000) and Water Development Impact Fee Fund ($335,000).

CITY COUNCIL AGENDA ITEM NO. E.8
05/13/2025

BACKGROUND
The Project is located within the Summerset II community within Kent Drive between Grenadier Way and Tayberry Lane. The Project improvement was identified in the City’s Water Master Plan as a priority to improve water distribution and efficiency and will install approximately 600 linear feet of new 12-inch water main parallel to the existing 8-inch water main along Kent Drive between Grenadier Way and Tayberry Lane.

The Project was advertised on March 7, 2025, and bids were opened on March 26, 2025. The following ten (10) bids were received:

Bidder Bid Amount
Sandstone Environmental Engineering, Inc. $284,420.00
Con-Quest Contractors, Inc. $289,550.00
DPI, Inc. $296,000.00
W. R. Forde Associates, Inc. $308,344.00
D&D Pipelines, Inc. $309,950.00
R&R Pacific Construction $351,885.00
Frontline General Engineering $352,694.11
Soracco, Inc. $366,470.00
Perennial Construction Inc. $441,832.00
Kerex Engineering, Inc. $497,530.00
The lowest apparent bidder was Sandstone Environmental Engineering Inc. (“Sandstone”). However, staff found two irregularities within Sandstone’s bid: 1) omission of the Base Bid price from the first section of its Bid Proposal form, and 2) omission of the percent of work performed by a subcontractor on its Subcontractor List. There is no dispute as to the amount of Sandstone’s bid, which was set forth on its Bid Schedule. In addition, there were no limits to the amount of work that could be performed by subcontractors, and Sandstone provided the required information within 24-hours of the bid opening.

Staff recommends that the City Council waive the irregularities in Sandstone’s bid as immaterial for the reasons set forth above, and award the contract to Sandstone for submitting the lowest responsible bid for the Project.

CITY COUNCIL AGENDA ITEM NO. E.8
05/13/2025

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
The Project was advertised for bidding on March 7, 2025.

ENVIRONMENTAL DETERMINATION
As set forth above, the Water Line Improvement – Kent Drive Project, CIP Project No. 562-56421, is exempt from the California Environmental Quality Act (“CEQA,” codified at Public Resources Code §§ 21000, et seq., and further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.) per 14 CCR § 15061. A Notice of Exemption was filed with the Contra Costa County Clerk Recorder on April 2, 2025, per 14 CCR § 15062.

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation.

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Contract

4. CIP Budget Sheet

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

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

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING THE CONTRACT DOCUMENTS,

WAIVING IMMATERIAL IRREGULARITIES, AWARDING THE BID,

AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO

EXECUTE A CONTRACT AND NECESSARY DOCUMENTS FOR THE
WATER LINE IMPROVEMENT – KENT DRIVE PROJECT, CIP
PROJECT NO. 562-56421, WITH SANDSTONE ENVIRONMENTAL
ENGINEERING, INC. AS THE LOWEST RESPONSIBLE BIDDER IN
THE AMOUNT OF $284,420, PLUS FUNDING AUTHORIZATION
FOR A 15% CONTINGENCY OF $42,663, FOR A TOTAL FUNDING
AUTHORIZATION NOT TO EXCEED AMOUNT OF $327,083
WHEREAS, on March 28, 2024, by Resolution No. 2024-56, the City Council adopted the 2024/25 – 2028/29 Capital Improvement Program, which included the Water Line Improvement – Kent Drive Project, CIP Project No. 562-56421 (“Project”); and
WHEREAS, this Project is located within the Summerset II community within Kent Drive between Grenadier Way and Tayberry Lane, and the Project was identified in the City’s Waster Master Plan to improve water distribution and efficiency and will install approximately 600 linear feet of new 12-inch water main parallel to the existing 8-inch water main along Kent Drive between Grenadier Way and Tayberry Lane; and WHEREAS, the Project was advertised on March 7, 2025, and the City received and opened ten (10) bids on March 26, 2025; and
WHEREAS, the lowest apparent bidder was Sandstone Environmental Engineering Inc. (“Sandstone”), and staff found two irregularities within Sandstone’s bid: 1) omission of the Base Bid price from the first section of its Bid Proposal form, and 2) omission of the percent of work performed by a subcontractor on its Subcontractor List; and
WHEREAS, there is no dispute as to the amount of Sandstone’s bid, which was set forth on its Bid Schedule; and
WHEREAS, there were no limits to the amount of work that could be performed by subcontractors, and Sandstone provided the required information within 24-hours of the bid opening; and
WHEREAS, staff recommends that Council waive the irregularities in Sandstone’s bid as immaterial for the reasons set forth above, and award the contract to Sandstone for submitting the lowest responsible bid for the Project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve the contract documents, waive the immaterial

irregularities, award the bid and authorize the City Manager or designee to execute a contract and necessary documents for the Water Line Improvement – Kent Drive Project, CIP Project No. 562-56421, with Sandstone Environmental Engineering, Inc. as the lowest responsible bidder in the amount of $284,420, plus funding authorization for a 15% contingency of $42,663, for a total funding authorization not to exceed amount of $327,083.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of May 2025 by the following vote:

Contract
This public works contract (“Contract”) is entered into by and between the City of Brentwood (“City”) and Sandstone Environmental Engineering Inc. (“Contractor”), for work on the Water Line Improvement – Kent Drive Project, CIP Project No. 562-56421 (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On May 13, 2025, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below. City has elected to include the following Project alternate(s) in the Contract: No Alternates

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

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

2.13 The following: No other documents

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

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $284,420 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

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

6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $2,500 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

7. Labor Code Compliance.

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

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

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

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

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

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

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

City:

City of Brentwood
Engineering Department
150 City Park Way, Brentwood, CA 94513
925.516.5420
Attn: Vatsal Patel, Engineering Manager
[email protected]

Contractor:

Name: Sandstone Environmental Engineering Inc.

Address: 3140 Anderson Lane
City/State/Zip: Oakley, CA 94561
Phone: (510) 334-7932
Attn: Martin Castillo, President
Email: [email protected]

12. General Provisions.

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

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

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Contra Costa County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Contra Costa County, California.

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

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

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

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

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

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

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

CITY: Approved as to form:
s/_______________________________ s/__________________________________ Darin Gale, Interim City Manager Katherine Wisinski, City Attorney Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
Amanda McVey, City Clerk
Date: ___________________________
CONTRACTOR: Sandstone Environmental Engineering Inc
Business Name
s/_______________________________ Seal:

Martin Castillo, President______________

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

END OF CONTRACT

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

Water Line Improvement - Kent Drive 562-56421
Description/Justification:

The Water Master Plan identified this project as a priority to improve distribution system operation and efficiency. This project will install new 600 LF of 12" water line on Kent Drive between Grenadier Way and Tayberry Lane providing additional flow capacity on a critical connection between the east and west halves of Zone 2. The new 12” water line will parallel the existing 8” water line.

Project Status:

The design and construction phases are anticipated for FY 2024/25.

Supplemental Information:

Funding for this project will be split equally between the Water Enterprise Fund and Water Development Impact Fees. There are future O & M costs consisting of routine water line maintenance, exercise valves, fire hydrants and maintaining the pressure in the pipe.

PROJECT EXPENDITURES Prior 2024/25 2025/26 2026/27 2027/28 2028/29 TOTAL 70239 Legal 50,000 $ 50,000
90040 Planning and Design 100,000 $ 100,000
90050 Construction 460,000 $ 460,000
90070 Project Administration 30,000 30,000 $ 60,000
TOTAL $ 180,000 $ 490,000 670,000 $
PROJECT FUNDING Prior 2024/25 2025/26 2026/27 2027/28 2028/29 TOTAL 47250 Development Impact Fees 335,000 $ 335,000
47560 Enterprise 335,000 $ 335,000
TOTAL 670,000 $ 670,000 $

PROJECT FINANCING CURRENT PROPOSED

Project Category: Water Improvements
Location: Kent Drive between Grenadier Way
and Tayberry Lane
Project Manager: V. Patel
Project Priority: 2C - Necessary
Est. Completion Date: 2024/25
Future Annual
O & M Impact: $1,500
Public Art
Requirement: Exempt
General Plan Policy: If 1-1, IF 2-1

CITY COUNCIL AGENDA ITEM NO. E.9
05/13/2025
SUBJECT: Annexation #17 to Community Facilities District No. 5 DEPARTMENT: Engineering Department
STAFF: Allen Baquilar, Director of Engineering/City Engineer Debra Galey, Senior Management Analyst

TITLE/RECOMMENDATION
Adopt a Resolution approving Annexation #17 Boundary Map for City of Brentwood (“City”) Community Facilities District (“CFD”) No. 5.

Adopt a Resolution declaring the intent to annex territory to Community Facilities District No. 5, levy a special tax in such territory and set a date of June 24, 2025, at 7:00 p.m., or as soon thereafter as the matter may be heard, for the Public Hearing.

FISCAL IMPACT
Annexation of property will provide approximately $33,648 in additional revenue (in FY 2024/25 Dollars) for CFD facilities and services on an annual basis, once development occurs. The additional revenue will be transferred annually to the General Fund for public safety services. Funds are deposited with the City by the developers to cover costs associated with the annexation of property into the CFD.

BACKGROUND
Community Facilities Districts (“CFDs”) are a funding mechanism for the increased public facilities and services provided by the City resulting from new development.

These facilities and services include:
 Public Protection and Safety
 Community Amenities (i.e., community center and library)  Joint Use School Sites
 Flood and Storm Drainage Improvements
 Roadway Maintenance
 Utility Undergrounding
As a Standard Condition of Approval, all new development is required to mitigate the impacts of their project. As such, many property owners elect to annex into the CFD

CITY COUNCIL AGENDA ITEM NO. E.9
05/13/2025
as a means to fund the services and facilities provided to address the additional growth and associated impacts. Funding is collected by the levying of an annual special tax at a rate that was previously set when the CFD was formed ($909.40/single-family residential parcel, $454.70/multi-family residential unit and $6,793.33/acre nonresidential parcels (in FY 2024/25 dollars)). Parcels are eligible to be levied the special tax the fiscal year following issuance of a building permit.

The proposed boundary and development project of the area to be annexed under Annexation#17 is shown as Exhibit “A” to the attached resolution. The annexation includes 35 single-family homes developed by Seecon Financial and Construction Co., north of Lone Tree Way and east of O’Hara Ave., and two single-family homes along Kayla Place south of Sunset Road developed by Stephen Matthias.

The property owners within the annexation boundary will be sent a “Waiver and Consent” form, along with the special election ballot to cast their vote. Consent of the property owners will allow the City to shorten the minimum time requirements relative to the annexation process and procedures. A two-thirds majority vote is required to annex the property and levy the special tax. Prior to the conclusion of the Public Hearing and election on June 24, 2025, all ballots must be cast.

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 the Annexation #17 Boundary Map to include the two new development projects into CFD No.5.

CITY COUNCIL AGENDA ITEM NO. E.9
05/13/2025

2. Require the development projects to provide an alternate means of funding for City services and facilities provided to additional development.

ATTACHMENT(S)

1. Previous Action

2. Citywide CFD Exhibit

3. Resolution Approving Annexation #17 with Boundary Map

4. Resolution of Intention to Annex Territory and set Public Hearing

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

On March 12, 2002, by Resolution No. 2489, t h e City Council adopted Local Goals, Policies and Appraisal Standards Concerning the Use of the Community Facilities Act of 1982.

On June 26, 2007, by Resolution Nos. 2007-152, 2007-153 and 2007-154, the City Council established the formation of CFD No. 5.

The City Council has taken numerous actions since 2002 to annex property into the various Community Facilities Districts.

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING ANNEXATION #17 BOUNDARY MAP
FOR COMMUNITY FACILITIES DISTRICT NO. 5
WHEREAS, a map entitled “Annexation Map #17 Community Facilities District No. 5, City of Brentwood, County of Contra Costa, State of California” (the “Annexation #17 Boundary Map”) has been filed with the City Clerk of the City of Brentwood; and
WHEREAS, the Annexation #17 Boundary Map cross-references the map entitled, “Proposed Boundary Map of Community Facilities District No. 5, City of Brentwood, County of Contra Costa, State of California,” filed for record in the office of the County Recorder of the County of Contra Costa on May 2, 2007, in Book 82 of Maps of Assessment and Community Facilities Districts at page 7.

NOW, THEREFORE, BE IT RESOLVED the following determinations:

SECTION 1.The City Council finds and determines that the foregoing recitals are true.

SECTION 2.The City Council approves the Annexation #17 Boundary Map, as shown in Exhibit “A” attached hereto and made a part hereof, and adopts the boundaries shown on the map as describing the extent of the territory being proposed for annexation into Community Facilities District No. 5, City of Brentwood, County of Contra Costa, State of California.

SECTION 3. The City Council finds that the Annexation #17 Boundary Map is in the form and contains the matters prescribed by Sections 3110 and 3110.5 of the California Streets and Highways Code.

SECTION 4.The City Council requests that the City Clerk certify the adoption of this Resolution on the face of the Annexation #17 Boundary Map and file a copy of the map with the County Recorder of the County of Contra Costa for recordation in the Book of Maps of Assessment and Community Facilities Districts.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of May 2025 by the following vote:

EXHIBIT “A”
Annexation #17 Boundary Map of Community Facilities District No. 5

RESOLUTION NO. 2025-XX

A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE

CITY OF BRENTWOOD TO ANNEX TERRITORY TO COMMUNITY
FACILITIES DISTRICT NO. 5, TO LEVY A SPECIAL TAX IN SUCH TERRITORY AND TO SET A DATE OF JUNE 24, 2025, FOR THE

PUBLIC HEARING
WHEREAS, the City Council of the City of Brentwood (the “City Council”) has determined that the public convenience and necessity require the annexation of additional parcels of land to Community Facilities District No. 5, City of Brentwood, County of Contra Costa, State of California (“CFD No. 5”); and WHEREAS, the parcels of land proposed to be annexed are as listed in Exhibit “A” attached hereto and are included within the boundaries shown on Annexation #17 Boundary Map approved by the City Council’s Resolution No. ________, adopted May 13, 2025, copies of which map and resolution are available for inspection at the office of the City Clerk; and
WHEREAS, the City Council finds that this annexation is to the advantage of the City of Brentwood and the owners of property within CFD No. 5.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby find and declare that:

SECTION 1 The foregoing recitals are true.

SECTION 2 The facilities and services authorized to be financed by CFD No. 5 are not proposed to be expanded or diminished by this annexation. The description of Authorized Facilities and Services are contained in the Resolution of Formation No. 2007-152, adopted by the City Council on June 26, 2007. A summary of the Authorized Facilities and Services that may be funded include:

Facilities: The acquisition or construction of public protection and safety facilities, governmental and community facilities, flood and storm drainage facilities, roadways, and the undergrounding of utility transmission and distribution facilities.

Services: The maintenance and operation of public improvements and the services associated with public protection and safety services, joint use school site services, and flood and storm drainage services.

SECTION 3 The area proposed to be annexed to CFD No. 5 (the “Territory”) shall be subject to a special tax, from the time of its inclusion in CFD No. 5, under the rate and method of apportionment of the special tax contained in the Resolution of Formation No. 2007-152, adopted by the City Council on June 26, 2007. This

special tax will be secured by the recordation of a continuing lien against all nonexempt real property in the Territory.

SECTION 4No alteration of the rate and method of apportionment of the special tax within CFD No. 5 is contemplated by these proceedings either as it pertains to the area already within CFD No. 5 or as it pertains to the Territory. The CFD No. 5 rate and method of apportionment is contained in the Resolution of Formation No. 2007-152, adopted by the City Council on June 26, 2007.

SECTION 5 The City Council hereby sets Tuesday, June 24, 2025, at 7:00 p.m., or as soon thereafter as the City Council may reach the matter, in the City Council Chambers of the City of Brentwood, 150 City Park Way, Brentwood, CA 94513, as the time and place for the Public Hearing. At that hearing, the testimony of all interested persons for or against the proposed annexation of the Territory to CFD No. 5 or the proposed levy of special taxes within the Territory will be heard.

Written protests must be filed with the City Clerk of the City of Brentwood prior to the time set for the hearing or personally submitted during the hearing. Interested persons may submit or withdrawal written protests by appearing at the City Council Chamber during the course of the hearing of this agenda item. If 50 percent or more of the registered voters or six (6) registered voters, whichever is more, residing within the existing CFD No. 5, or if 50 percent or more of the registered voters or six (6) registered voters, whichever is more, residing within the Territory or if the owners of one-half (1/2) or more of the area of land within the existing CFD No. 5, or if the owners of one-half (1/2) or more of the area of land within the Territory, file written protests against the proposed annexation of the Territory to CFD No. 5 and such protests are not withdrawn so as to reduce the protests to less than a majority, then no further proceedings to annex the Territory to CFD No. 5 as proposed in this Resolution of Intention shall be undertaken for a period of one (1) year from the date of the decision by the City Council on the issues discussed at such Public Hearing. At the conclusion of such Public Hearing, the City Council may abandon the proceedings to annex the Territory to CFD No. 5 or may, after passing upon all protests, determine to proceed to call an election to submit to the qualified electors of the Territory the question of annexing the Territory to CFD No. 5 and authorizing the levy of special taxes of CFD No. 5 within the Territory; and if the City Council determines at the conclusion of such Public Hearing to call such an election, the voting procedure at such election shall be by landowners in the Territory voting in accordance with the Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). If such protests are directed only against certain elements of the proposed improvements, services or proposed special tax, only those elements shall be deleted from the proceedings.

SECTION 6. In the event an election is held in these annexation proceedings, it is anticipated that, in accordance with the Act, the voters will be the owners of land within the area proposed to be annexed which will be subject to the special tax, with each landowner eligible to cast one vote for each acre or portion of, for each acre owned therein.

SECTION 7.The City Clerk is hereby directed to arrange for publication of a Notice of Public Hearing on this resolution one time in a newspaper of general circulation within CFD No. 5 and the Territory not less than seven days prior to the Public Hearing.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of May 2025 by the following vote:

Grove Sunset LP
EXHIBIT “A”

LIST OF PARCELS TO BE ANNEXED TO COMMUNITY
FACILITIES DISTRICT NO. 5, CITY OF BRENTWOOD, COUNTY

OF CONTRA COSTA, STATE OF CALIFORNIA
ANNEXATION #17
Assessor’s Parcel Nos.

Project # Project APN
Total
Acreage
Number of
Votes
9597
Seecon
Financial and
Construction
Co
018-060-007 11 11
018-060-006 4.6 5
DR 24-008 Stephen
Matthias 016-010-006 .07 1
DR 24-009 Stephen
Matthias 016-010-007 .1 1
TOTAL
VOTES 18

CITY COUNCIL AGENDA ITEM NO. E.10
05/13/2025
SUBJECT: Approve the Rule 20C contract with PG&E for the Lone Tree Way Roadway Improvements, CIP Project No. 336-31701
DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Vatsal Patel, Engineering Manager
Brant Wilson, Senior Associate Engineer

TITLE/RECOMMENDATION
Adopt a Resolution approving the Rule 20C contract and authorizing the City Manager or their designee to execute the contract with PG&E for the design and engineering of undergrounding overhead utilities and poles for the Lone Tree Way Roadway Improvements, CIP Project No. 336-31701, (“Project”) in an amount not-to-exceed $115,222.47.

FISCAL IMPACT
The not-to-exceed agreement amount for the Rule 20C contract is $115,222.47.

The funds for this Project are included in the 2024/25-2028/29 Capital Improvement Program (“CIP”) with an approved budget of $18,563,336. This Project has two phases. Phase I, with a budget of $7,600,000, is funded by Roadway Development Impact Fees. Phase II of the Project, with a budget of $10,963,336, is currently unfunded.

BACKGROUND
Rule 20C is an element of the California Public Utilities Commission's Rule 20 program, which governs the undergrounding of electric lines and equipment.

The undergrounding of overhead utilities and poles is crucial for enhancing pedestrian and vehicle circulation around the new, recently opened Isaac R. Montanez Elementary School (“School”), completing Phase II of this Project, and the widening of O’Hara Lane and Lone Tree Way.

CITY COUNCIL AGENDA ITEM NO. E.10
05/13/2025
On April 12, 2022, the City Council approved the award of design engineering services to CSG Consultants, Inc., in an amount not-to-exceed $1,250,836.40 for the Project.

However, the Project was divided into multiple phases due to schedule, available budget, the opening of the School, the undergrounding of utilities, and the acquiring of right-of-way.

Phase I of the Project constructed infrastructure and pedestrian safety improvements; widening and construction of sidewalk; accessible curb ramps; curb and gutter; extension of the storm drain system, including bio-retention areas; utility adjustments; slurry seal; hot mix asphalt mill and fill; full pavement reconstruction; new traffic signing and striping; and installation of a new sound wall and fences.

Phase I of the Project was completed by Ghilotti Bros, Inc., in accordance with the contract documents on October 11, 2024.

Phase II of the Project includes future construction of the remaining sidewalk, curb, gutter, and curb ramps; undergrounding of overhead utilities and poles; installation of a traffic signal at Lone Tree Way and Smith Road for improved safety and traffic flow; improved pedestrian access on Lone Tree Way and Smith Road; widening of Lone Tree Way near Smith Road; and improving the storm drain system along Lone Tree Way.

There is remaining Project budget available to complete the design for Phase II improvements, as well as the design and engineering by PG&E for underground work.

Staff will return to the City Council for the contract award to construct Phase II improvements as funding becomes available.

In order to construct the Phase II improvements, PG&E must prepare and design the engineering plans for the undergrounding of overhead utilities and poles.

Furthermore, PG&E requires the City to enter into an agreement for them to proceed with their work.

At this time, staff recommends approving the Rule 20C contract and authorizing the City Manager or their designee to execute the contract with PG&E for the design and engineering of undergrounding overhead utilities and poles for Phase II of the Project, in the amount of $115,222.47.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

CITY COUNCIL AGENDA ITEM NO. E.10
05/13/2025

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
CEQA work is ongoing and will be done concurrently with the design process. A determination is expected to be brought to City Council during the awarding of an agreement for construction.

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation.

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. PG&E Contract

4. CIP Project Sheet

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 December 14, 2021, the City Council approved Resolution No. 2021-160, amending the 2021/22 – 2025/26 Capital Improvement Program Budget to include Lone Tree Way Roadway Improvements.

On April 12, 2024, by Resolution No. 2022-45, the City Council approved the award of design engineering services with CSG Consultants, Inc., in the amount not-toexceed $1,250,836.40 for the Lone Tree Way Roadway Improvements, CIP Project No. 336-31701.

On May 14, 2024, by Resolution No. 2024-50, the City Council approved the contract documents, awarded the bid and authorized the City Manager or designee to execute a construction contract and necessary documents for Lone Tree Way Roadway Improvements (Phase 1), CIP Project No. 336-31701, with Ghilotti Bros., Inc., as the lowest responsible and responsive bidder in the amount of $2,031,692.30, plus funding authorization for a 15% contingency of $304,753.84, for a total funding authorization not to exceed amount of $2,336,446.14.

On December 10, 2024, by Resolution No. 2024-125, the City Council accepted the work performed by Ghilotti Bros., Inc., for the Lone Tree Way Roadway Improvements Project (Phase I) and requested the City Clerk to file a notice of completion with the County recorder.

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING THE RULE 20C CONTRACT AND

AUTHORIZING THE CITY MANAGER OR THEIR DESIGNEE TO

EXECUTE THE CONTRACT WITH PG&E FOR THE DESIGN AND

ENGINEERING OF UNDERGROUNDING OVERHEAD UTILITIES

AND POLES FOR THE LONE TREE WAY ROADWAY
IMPROVEMENTS, CIP PROJECT NO. 336-31701, (“PROJECT”) IN AN AMOUNT NOT-TO-EXCEED $115,222.47
WHEREAS, on December 14, 2021, the City Council approved Resolution No. 2021-160 amending the 2021/22 – 2025/26 Capital Improvement Program Budget to include Lone Tree Way Roadway Improvements (the “Project”); and WHEREAS, on April 12, 2024, by Resolution No. 2022-45, the City Council approved the award of design engineering services with CSG Consultants, Inc., in the amount not-to-exceed $1,250,836.40 for the Project; and WHEREAS, the Project was divided into multiple phases due to schedule, available budget, and the opening of the Isaac R. Montanez Elementary School (“School”); and
WHEREAS, Phase I of the Project constructed infrastructure and pedestrian safety improvements; widening and construction of sidewalk; accessible curb ramps; curb and gutter; extension of the storm drain system, including bio-retention areas; utility adjustments; slurry seal; hot mix asphalt mill and fill; full pavement reconstruction; new traffic signing and striping; and installation of a new sound wall and fences; and
WHEREAS, Phase I of the Project was completed by Ghilotti Bros Inc. in accordance with the contract documents on October 11, 2024; and WHEREAS, Phase II of the Project will include the future construction of the remaining sidewalk, curb, gutter, and curb ramps; undergrounding of overhead utilities and poles; installation of a traffic signal at Lone Tree Way and Smith Road for improved safety and traffic flow; improved pedestrian access on Lone Tree Way and Smith Road; widening of Lone Tree Way near Smith Road; and improved storm drain system along Lone Tree Way; and
WHEREAS, in order to construct the Phase II improvements, PG&E must prepare and design the engineering plans for the undergrounding of overhead utilities and poles; and
WHEREAS, Rule 20C is a part of the California Public Utilities Commission's Rule 20 program, which governs the undergrounding of electric lines and equipment; and

WHEREAS, PG&E requires the City to enter into an agreement for them to proceed with their work; and
WHEREAS, there is remaining Project budget available to complete the design for the remaining improvements, as well as the design and engineering for the PG&E for underground work; and
WHEREAS, at this time, staff recommends approving the Rule 20C contract with PG&E.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve the Rule 20C contract and authorizes the City Manager or their designee to execute the contract with PG&E for the design and engineering of undergrounding overhead utilities and poles for the Lone Tree Way Roadway Improvements, CIP Project No. 336-31701, in an amount not-to-exceed $115,222.47.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of May 2025 by the following vote:

128131013
March 31, 2025
Customer Payment
Coupon
References
Notification # 128131013
Contract # 50103955 V1
E20C-PM # 35539665
Customer # 4459652
City of Brentwood
150 City Park Way
BRENTWOOD, CA 94513
Customer Cost Summary

LONE TREE WAY AND SMITH RD, BRENTWOOD
Amounts Due Total Due
Rule 20C Non-Refundable Payment $115,222.47
Minus the following credit
Advance Credit ($5,000.00)
$110,222.47
Important Payment Information
To complete your contract ONLINE
Follow the instructions provided with your electronic contract Submit payment at https://www.pge.com/contractpayments
To complete your contract BY MAIL
Please make check payable to: PG&E or Pacific Gas and Electric Complete, sign and return the enclosed agreement(s), the SACAC form and the customer payment coupon with your payment
Remit payment and SACAC form to:

PG&E CFM/PPC Department
PO BOX 997340
Sacramento, CA 95899-7340

IMPORTANT MESSAGE
Please review the enclosed information
and total due. This document needs
to be returned with the enclosed
agreements.

If you complete your contract ONLINE,
a copy will be saved to your Customer
Connections Online (CCO) account at
pge.com/cco.

To learn more about PG&E's gas and
electric safety initiatives and resources
please visit pge.com/safety.

Have Questions?
Please Call 1-800-422-0436

* Automated document, Preliminary Statement, Part A
128131013
62-4527 (Rev 1/91)
Service Planning
Advice No. 1633-G/1342-E
Effective 4/02/91
Pacific Gas and Electric Company
Agreement to Perform
Tariff Schedule Related Work
DISTRIBUTION:

Applicant (Original)
Division (Original)
ACCTG. SVCS.

REFERENCES:

Notification # 128131013
R20-PM # 35539665
Contract # 50103955 V1
March 31, 2025
City of Brentwood, A GOVERNMENT AGENCY (Applicant) has requested PACIFIC GAS AND ELECTRIC COMPANY, a California corporation (PG&E), to perform the tariff schedule related work as located and described in paragragh 3 herein. PG&E agrees to perform the requested work and furnish all necessary labor, equipment, materials and related facilities required therefore, subject to the following conditions:

1. Whenever part or all of the requested work is to be furnished or performed upon property other than that of Applicant, Applicant shall first procure from such owners all necessary rights-of-way and/or permits in a form satisfactory to PG&E and without cost to it.

2. Applicant shall indemnify and hold harmless PG&E, its officers, agents and employees, against all loss, damage, expense and liability resulting from injury to or death of any person, including but not limited to, employees of PG&E, Applicant or any third party, or for the loss, destruction or damage to property, including, but not limited to property of PG&E, Applicant or any third party, arising out of or in any way connected with the performance of this agreement, however caused, except to the extent caused by the active negligence or willful misconduct of PG&E, its officers, agents and employees. Applicant will, on PG&E's request, defend any suit asserting a claim covered by this indemnity. Applicant will pay all costs that may be incurred by PG&E in enforcing this indemnity, including reasonable attorneys' fees.

3. The location and requested work are described as follows: (Describe in detail the materials and facilities to be furnished and/or work to be performed by PG&E. If more space is required, use other side and attach any necessary drawings as Exhibits A, B, C, etc):

LOCATION: LONE TREE WAY AND SMITH RD, BRENTWOOD
DESCRIPTION OF WORK: Rule 20C - Underground existing overhead electric facilities Engineering & Administrative Costs $35,351.31
Including Applicant Design Value of $0.00
Cost of Additional Applicant Design Plan Checks (+) $0.00 Value of 20C Underground System (+) $0.00
Tie-In of 20C by PG&E (+) $40,865.23
PG&E Land Rights Costs (+) $1,698.99
Inspection Fees (+) $1,973.71
Value of 20C Trench & Excavation (+) $60,433.82
Value of 20C Conduits & Substructures (+) $7,339.96
Rule 20C Trench Permits Obtained by PG&E (+) $750.00
less Salvage & Depreciation for Overhead Facilities (-) $7,319.10 SUB TOTAL (=) $141,093.92
Including Net Joint Pole Credit Value of $0.00
plus ITCC @ 24% (+) $33,862.54
plus Cost to Remove Overhead Line by PG&E $8,039.79
Value of 20C Trench, Excavation & Conduit for Others (no ITCC) (+) $0.00 SUB TOTAL (=) $182,996.25
less 20C Underground System Installed by Applicant (-) $0.00 less 20C Trench & Excavation Provided by Applicant (-) $60,433.82 less 20C Conduits & Substructures Installed by Applicant (-) $7,339.96 less Value of Applicant Design Work (-) $0.00
Electric Rule 20C Cash Payment (=) $115,222.47
#Form 62-4527#

* Automated document, Preliminary Statement, Part A
128131013
62-4527 (Rev 1/91)
Service Planning
Advice No. 1633-G/1342-E
Effective 4/02/91

4. Applicant shall pay to PG&E, promptly upon demand by PG&E, as the complete contract price hereunder, the sum of One hundred fifteen thousand two hundred twenty-two dollars and forty-seven cents $115,222.47 Upon completion of requested work, ownership shall vest in: PG&E Applicant Executed this #signDayWPA# day of #signMonWPA# #signYrWPA# City of Brentwood, A

GOVERNMENT AGENCY
Applicant

PACIFIC GAS & ELECTRIC COMPANY
By: #sigWPA# By: Danita Seaton
Allen Baquilar
Print/Type/Name
Title: Director Title: Service Planning Supervisor
#titleWPA#
Mailing Address: 150 City Park Way
BRENTWOOD, CA 94513

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

Lone Tree Way Roadway Improvements 336-31701
Description/Justification:

This project will construct the following infrastructure and pedestrian safety improvements on Smith Road, O’Hara Lane, and Lone Tree Way (from O’Hara Avenue to Tilton Lane): widening and construction of sidewalk, curb and gutter, conversion of overhead utility lines to underground, extension of the storm drain system including constructing a bioretention, installation of a new rectangular rapid flashing beacon and a new traffic signal. Improvements may also include a traffic signal at the O’Hara Avenue/O’Hara Lane intersection. This project is mandatory to support a new K-8 school anticipated to open in July 2024.

Project Status:

Phase 1 design is underway and construction of the project is anticipated to begin in late FY 2023/24.

Supplemental Information:

This project is separated in two phases. Phase 1 is to provide temporary pedestrian access. Phase 2 is for the undergrounding of the overhead utilities, which is estimated to begin in January 2025. Phase 2 will also include a traffic signal at Smith Road and Lone Tree Way; infrastructure and pedestrian improvements not performed in Phase 1 due to PG&E lines; and widening of Lone Tree Way after right-of-way acquisition. Phase 1 funding for the project will come from Roadway Development Impact Fees ($7.6 million) and Phase 2 is unfunded. There will be future annual O & M costs of approximately $12,000 from routine maintenance, such as pavement, stormwater, water and sewer lines, traffic striping, concrete, traffic signals, etc.

PROJECT EXPENDITURES Prior 2024/25 2025/26 2026/27 2027/28 2028/29 TOTAL 70239 Legal 100,000 100,000 100,000 $ 300,000
90040 Planning and Design 900,000 318,300 200,000 $ 1,418,300 90050 Construction 1,730,000 2,300,000 12,315,036 $ 16,345,036 90070 Project Administration 50,000 50,000 50,000 $ 150,000 90100 Land/ROW/Acquisitions 125,000 75,000 150,000 $ 350,000 TOTAL 2,905,000 $ 2,843,300 $ 12,815,036 $ 18,563,336 $ PROJECT FUNDING Prior 2024/25 2025/26 2026/27 2027/28 2028/29 TOTAL 47251 Development Impact Fees 3,450,836 4,149,164 $ 7,600,000 Unfunded 10,963,336 $ 10,963,336
TOTAL 3,450,836 $ 4,149,164 $ 10,963,336 $ 18,563,336 $

PROJECT FINANCING CURRENT PROPOSED

Project Category: Roadway Improvements
Location: Lone Tree Way from 800’ west of
O’Hara Avenue to Tilton Lane
Project Manager: B. Wilson
Project Priority: 1D - Mandatory
Est. Completion Date: 2025/26
Future Annual
O & M Impact: $12,000
Public Art
Requirement: Exempt
General Plan Policy: CIR 1-2, IF 1-1, IF 2-1, IF 3-1, IF 4-1

CITY COUNCIL AGENDA ITEM NO. E.11
05/13/2025
SUBJECT: Award of contract to JV Lucas Paving for the Pavement Management Program 2025 (Asphalt), CIP Project No. 336-31704 DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Vatsal Patel, Engineering Manager
Brant Wilson, Senior Associate Engineer

TITLE/RECOMMENDATION
Adopt a Resolution approving the contract documents, awarding the bid, and authorizing the City Manager or designee to execute a contract and necessary documents for the Pavement Management Program 2025 (Asphalt), CIP Project No. 336-31704, (“Project”) with JV Lucas Paving (“JV”) as the lowest responsible and responsive bidder in the amount of $1,994,570.30, plus funding authorization for a 10% contingency of $199,457.03, for a total funding authorization not-to-exceed amount of $2,194,027.33.

FISCAL IMPACT
The total contract amount is $1,994,570.30, plus funding authorization for a 10% contingency of $199,457.03, for a total funding authorization not-to-exceed amount of $2,194,027.33.

The funds for this Project are included in the 2024/25-2028/29 Capital Improvement Program (“CIP”), with an approved budget of $2,860,596. The Project is funded by the Road Maintenance and Rehabilitation Account (“RMRA”) Fund ($2,860,596) and the General Fund ($1,060,596). Of the total contract amount, $20,000 will be allocated to repave portions of the City-owned private road near the City’s Solid Waste Transfer Station within the City’s Municipal Services Center, which will be paid for directly from the Solid Waste Enterprise. There is sufficient 2024/25 Solid Waste Operating budget to cover this cost.

CITY COUNCIL AGENDA ITEM NO. E.11
05/13/2025

BACKGROUND
The process of selecting roadways for rehabilitation is based on a combination of factors aimed at maintaining the overall safety and quality of the City’s roadways, which is measured by their Pavement Condition Index (“PCI”) rating.

The PCI provides a snapshot of the pavement health of a given road. It is measured on a scale of 0 to 100 (where 100 means a newly paved road) and determined by a visual inspection of pavement surface distresses such as cracking, raveling, and potholes.

A new housing development with new streets may have a high overall PCI, while an older, urbanized area may have a much lower PCI, even though both are practicing pavement preservation.

Brentwood currently ranks #2 among the 20 jurisdictions in the County in overall PCI. To maintain this standing, roadways with lower PCI scores typically receive a higher priority for rehabilitation.

In determining which roads to address, staff considers when a roadway was last rehabilitated, as those that have gone the longest without repairs are often selected first. Public Works staff also provides valuable feedback to consider roadways based on their observations, experience, and their daily efforts made to address potholes and cracks. By balancing these criteria, staff ensures that the streets in greatest need of attention are rehabilitated first promoting a safer, and more efficient transportation system for all.

As listed in Attachment 3, streets throughout the City will be rehabilitated by the Project, which consists of: removing the top layers of old or failing pavement, which is replaced with a new layer of asphalt and sealing of existing cracks; replacing and updating traffic striping, legends, and markers; and lowering and adjusting existing utilities, such as manholes and valves, to match new pavement surfaces.

The Project will also repave portions of the City-owned road near the City’s Solid Waste Transfer Station located off of Elkins Way within the City’s Municipal Services Center.

The Project was advertised on March 14, 2025, and bids were opened on April 9, 2025. The following eleven bids were received:

CITY COUNCIL AGENDA ITEM NO. E.11
05/13/2025
Bidder Bid Amount
Consolidated Engineering, Inc. (“Consolidated”) $1,919,305.50 R&R Pacific Construction $1,935,630.00
Rapid Grading Services $1,982,104.00
JV Lucas Paving $1,994,570.30
Carone and Company Inc. $2,042,390.50
Radius Earthwork, Inc. $2,063,883.75
Knife River Construction $2,096,621.00
Interstate Grading & Paving, Inc. $2,345,396.00
Mountain Cascade, Inc. $2,388,080.00
McGuire and Hester $2,452,696.00
Ghilotti Bros., Inc. $2,562,491.10
Staff reviewed the bids received and determined there were material errors in the first, second, and third lowest bids:

1. Consolidated’s bid listed subcontractors performing 57% of the work, which exceeded the 50% limit on subcontracted work the City specified in the bid documents for the Project.

2. The second lowest bidder, R&R Pacific Construction, failed to acknowledge Addendum No. 2 on its Bid Proposal, or to use the revised Bid Schedule form as required by Addendum No. 2.

3. The third lowest bidder, Rapid Grading Services, listed subcontractors performing 52.39% of the work, which exceeded the 50% limit on subcontracted work.

These errors rendered the three lowest bids non-responsive under California law.

Staff reviewed the bid submitted by the fourth lowest bidder, JV Lucas Paving, and found it to be the lowest responsible and responsive bid. Following that determination, the City received a protest submitted by the first lowest bidder, Consolidated. Consolidated proposed that the City waive its failure to comply with the 50% subcontracting limit and further proposed that the City accept a revised subcontractor list form that Consolidated submitted after the bid deadline.

Following consultation with the City Attorney’s Office and outside counsel, the City responded in writing to the bid protest, notifying Consolidated that its bid was nonresponsive because it did not comply with the 50% limit on subcontracted work, as specified in the bid documents for the Project. Moreover, Consolidated could not lawfully alter its bid by submitting a revised subcontractor list form after the bid

CITY COUNCIL AGENDA ITEM NO. E.11
05/13/2025
submission deadline. (See Attachment 6). It was further determined that the irregularities in the second and third low bids were material and could not be waived according to applicable law.

Therefore, Staff recommends that the City Council award the contract to JV Lucas Paving as the lowest responsive and responsible bidder for the Project.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

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

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation.

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. List of Locations

4. Contract

5. CIP Project Sheet

6. Response to Bid Protest

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

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING THE CONTRACT DOCUMENTS,

AWARDING THE BID AND AUTHORIZING THE CITY MANAGER

OR DESIGNEE TO EXECUTE A CONTRACT AND NECESSARY

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

PAVING AS THE LOWEST RESPONSIBLE AND RESPONSIVE
BIDDER IN THE AMOUNT OF $1,994,570.30, PLUS FUNDING
AUTHORIZATION FOR A 10% CONTINGENCY OF $199,457.03,

FOR A TOTAL FUNDING AUTHORIZATION NOT-TO-EXCEED
AMOUNT OF $2,194,027.33
WHEREAS, on May 28, 2024, by Resolution No. 2024-56, the City Council adopted the 2024/25 – 2028/29 Capital Improvement Program, which included the Pavement Management Program 2025, CIP Project No. 336-31704 (“Project”); and WHEREAS, throughout the City, this Project will: resurface streets by grind and overlay, dig out, crack seal, and slurry seal; replace traffic striping, legends, and markers; and lower and adjust existing utilities to finish grade; and WHEREAS, the Project will also repave portions of the private road near the City’s Solid Waste Transfer Station located off Elkins Way; and WHEREAS, this Project includes an additive alternate, which includes the resurfacing of the Sunset Park parking lot located off Sunset Road; and WHEREAS, the Project was advertised on March 14, 2025, and eleven bids were received and opened on April 9, 2025; and
WHEREAS, staff reviewed the bids received and determined there were material errors in the first, second, and third lowest bids, which rendered the bids non-responsive under California law; and
WHEREAS, staff reviewed the bid submitted by the fourth lowest bidder, JV Lucas Paving, and found it to be the responsive and responsible bid, despite a protest submitted by the first lowest bidder, Consolidated Engineering, Inc. (“Consolidated”), that proposed that the City waive Consolidated’s failure to comply with the 50% subcontracting limit and further proposed that the City accept a revised subcontractor list form that Consolidated submitted after the bid deadline; and WHEREAS, following consultation with the City Attorney’s Office and outside counsel, the City responded in writing to the bid protest, notifying Consolidated that its bid was nonresponsive because it did not comply with the 50% limit on subcontracted work, and Consolidated could not lawfully alter its bid by submitting a revised subcontractor list form after the bid submission deadline; and

WHEREAS, it was further determined that the irregularities in the second and third low bids were material and could not be waived pursuant to applicable law; and WHEREAS, staff recommends that the City Council award the contract to JV Lucas Paving as the lowest responsive and responsible bidder for the Project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve the contract documents, award the bid and authorize the City Manager or designee to execute a contract and necessary documents for the Pavement Management Program 2025 (Asphalt), CIP Project No. 336-31704, with JV Lucas Paving as the lowest responsible and responsive bidder in the amount of $1,994,570.30, plus funding authorization for a 10% contingency of $199,457.03, for a total funding authorization not-to-exceed amount of $2,194,027.33.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of May 2025 by the following vote:

Pavement Management Program 2025 (Asphalt)
List of Locations
This Project is scheduled to repair several manholes throughout the City and surface the following locations:

Grind and Overlay
Brentwood Boulevard
East Country Club Drive
Minnesota Avenue
Willowwood Court
Elkins Way
City-owned Private Road within City’s Municipal Services Center Slurry Seal
Slurry Seal of the following neighborhoods:

Sunset Crossing
Trailside
Arroyo-Seco Estates
Homecoming I
Homecoming II
Town Square Estates
Greystone Homes
Hearthstone
Sunrise
Crack Seal
Brentwood Boulevard

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

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On May 13, 2025, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below. City has elected to include the following Project alternate(s) in the Contract: No Alternates

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

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

2.13 The following: No other documents

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

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $1,994,570.30 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 60 calendar days from the start date set forth in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $2,500 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

7. Labor Code Compliance.

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

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

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

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

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

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

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

City:

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

Contractor:

Name: JV Lucas Paving, Inc.

Address: PO Box 2887
City/State/Zip: Martinez, CA 94553
Phone: (925) 283-8027
Attn: Al Perez
Email: [email protected]

12. General Provisions.

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

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

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Contra Costa County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Contra Costa County, California.

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

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

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

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

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

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

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

CITY: Approved as to form:
s/_______________________________ s/__________________________________ Interim City Manager, Darin Gale Katherine Wisinski, City Attorney Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
Amanda McVey, City Clerk
Date: ___________________________
CONTRACTOR: JV Lucas Paving, Inc.

Business Name
s/_______________________________ Seal:

Al Perez, Vice President_____________

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

END OF CONTRACT

54 City of Brentwood 2024/25 – 2028/29 Capital Improvement Program Project Title: * MULTI-YEAR * Project #:336-31704
Pavement Management Program - 2025
Description/Justification:

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

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

Project Status:

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

Supplemental Information:

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

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

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

CITY COUNCIL AGENDA ITEM NO. E.12
05/13/2025
SUBJECT: Award Agreement for Engineering Services with Bellecci & Associates, Inc., dba Sanbell-Bay Area “Sanbell” for the Brentwood Manor Water and Wastewater Rehabilitation Project, CIP Project No. 562-56419
DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Vatsal Patel, Engineering Manager

TITLE/RECOMMENDATION
A Resolution approving and authorizing the City Manager or designee to execute an Agreement for Engineering Design Services with Sanbell in the amount of $299,865, plus funding authorization for a 15% contingency of $44,980, for a total not-toexceed funding authorization amount of $344,845, for the Brentwood Manor Water and Wastewater Rehabilitation Project, CIP Project No. 562-56419 (“Project”).

CEQA work is ongoing and will be done concurrently with the design process.

FISCAL IMPACT
The not-to-exceed agreement amount for engineering design services, plus a 15% contingency, is $344,845.

The funds for this Project are included in the 2024/25-2028/29 Capital Improvement Program (“CIP”) with an approved budget of $6,487,000. The Project is funded by the Water Replacement Fund ($3,243,500) and the Wastewater Replacement Fund ($3,243,500).

BACKGROUND
This Project proposes to replace over 4,400 linear feet of potable water line, approximately 4,100 linear feet of sewer, and over 400 linear feet of storm drain as well as appurtenances and facilities to correct existing operations and maintenance constraints due to the age of the facilities along Curtis Drive, Lynn Drive, Broderick Drive, Berry Lane, and Ellen Lane within the Brentwood Manor subdivision of the City.

CITY COUNCIL AGENDA ITEM NO. E.12
05/13/2025
Staff prepared a Request for Proposals (“RFP”), and sent it to all of the City’s on-call civil/structural engineering consultants; two responded with proposals: Bellecci & Associates (dba Sanbell-Bay Area “Sanbell”) and CSG Consultants, Inc.

Staff reviewed the proposals based on the evaluation criteria included within the RFP, including the firm’s availability, design staff, and cost proposal. Based on the evaluation criteria, staff recommends approval of the agreement for engineering design services with Sanbell for this Project.

Staff recommends authorizing the City Manager or designee to execute an Agreement for Engineering Design Services with Sanbell in the amount of $299,865, plus funding authorization for a 15% contingency of $44,980, for a total not-to-exceed funding authorization amount of $344,845, for the Project.

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 1, Water, Wastewater, and Solid Waste Services, Goal 2.b Ensure adequate water supply by expanding water treatment, storage, and distribution infrastructure.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
CEQA work is ongoing and will be done concurrently with the design process. A determination is expected to be brought to the City Council during the awarding of an agreement for construction.

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation.

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

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

CITY COUNCIL AGENDA ITEM NO. E.12
05/13/2025

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Agreement for Engineering Design Services

4. CIP Budget Sheet

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

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING AND AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT FOR

ENGINEERING DESIGN SERVICES WITH SANBELL IN THE
AMOUNT OF $299,865, PLUS A 15% CONTINGENCY OF
$44,980, FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $344,845,

FOR THE BRENTWOOD MANOR WATER AND WASTEWATER
REHABILITATION PROJECT, CIP PROJECT NO. 562-56419
WHEREAS, on May 28, 2024, by Resolution No. 2024-56, the City Council adopted the 2024/25 – 2028/29 Capital Improvement Program (“CIP”), which included the Brentwood Manor Water and Wastewater Rehabilitation Project, CIP Project No. 562-56419 (“Project”); and
WHEREAS, this Project proposes to replace approximately over 4,400 linear feet of water, 4,100 linear feet of sewer, and 400 linear feet storm drain, as well as appurtenances and facilities to correct existing operations and maintenance constraints due to the age of the facilities along Curtis Drive, Lynn Drive, Broderick Drive, Berry Lane, and Ellen Lane within the Brentwood Manor subdivision of the City; and
WHEREAS, staff prepared the necessary Request for Proposals (“RFP”) and advertised it to the four (4) on-call civil/structural engineering consultants; and WHEREAS, two (2) consultants responded and provided proposals: Sanbell and CSG Consultants, Inc.; and
WHEREAS, staff reviewed the proposals based on the evaluation criteria included within the RFP including, firm’s availability, design staff, and cost proposal; and
WHEREAS, based on the evaluation criteria, staff recommends approval of the agreement for engineering design services with Sanbell for this Project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood approves and authorizes the City Manager or designee to execute an Agreement for engineering design services with Sanbell, in the amount of $299,865 plus a 15% contingency of $44,980, for a total not-to-exceed amount of $344,845, for the Brentwood Manor Water and Wastewater Rehabilitation Project, CIP Project No. 562-56419.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of May 2025 by the following vote:

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AGREEMENT FOR ENGINEERING DESIGN SERVICES
BELLECCI & ASSOCIATES INC., DBA SANBELL–BAY AREA
THIS AGREEMENT is made and entered into as of the _____ day of ___________________, 20_____ by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and Bellecci & Associates, Inc., dba Sanbell-Bay Area, a Corporation ("Consultant") (each a “Party” and collectively, the “Parties”).

RECITALS
A. City requires the professional services of a consultant specifically trained and experienced in engineering design, which are professional services outside of services offered by City.

B. Consultant has the professional skills and experience necessary to perform the services described in this Agreement.

C. Consultant customarily engages in these services as part of its independently established trade, occupation, and/or business, separately from its work for City.

D. City desires to engage Consultant to provide these services by reason of its qualifications and experience in performing such services
E. Consultant has submitted a proposal to City and has affirmed its willingness and ability to perform such work on the terms and manner set forth in this Agreement.

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

1. Scope of Work.

1.1 City retains Consultant, as an independent contractor, to perform, and Consultant agrees to render, those services (the "Services") that are described in the attached Exhibit "A," which is incorporated by this reference, pursuant to this Agreement’s terms and conditions.

1.2 Consultant will control the manner and the means of the work to be performed, and be responsible for the professional quality, technical accuracy and coordination of the Services. Consultant will, without additional compensation, correct or revise any errors or deficiencies in the Services.

1.3. Consultant will keep City informed on a regular basis that the Services are being performed in accordance with the requirement and intentions of this Agreement.

1.4 If applicable, Consultant has designated those persons listed in Exhibit “A” to provide the Services to the City. Consultant will not change or reassign those persons described in Exhibit “A” without prior written notice to City, and will not replace those individuals with individuals to whom City has a reasonable objection.

2. Standard of Performance. Consultant acknowledges that in entering into this Agreement the City is relying on Consultant's special skills and experience to do and perform the Services. While performing the Services, Consultant will exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Northern California area. The acceptance of the Services by City does not release Consultant from these obligations.

Consultant will be responsible for employing or engaging all persons necessary to perform the Services.

Consultant will control the manner and means of the services to be performed by its employees and subconsultants. All of Consultant's staff will be qualified by training and experience to perform their assigned tasks. Consultant will give its personal attention to the fulfillment of the provisions of this

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Agreement by all of its employees and subcontractors, if any, and will keep the Services under its control.

On demand of City, if any employee or subcontractor of Consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she will be discharged immediately from the Services.

3. Term. Unless earlier terminated, the term of this Agreement will commence upon the date first above written and will expire upon completion of the Services by Consultant.

4. Schedule. Consultant will generally adhere to the schedule set forth in Exhibit “A” provided, that City will grant reasonable extensions of time for the performance of the Services occasioned by unusually lengthy governmental reviews of Consultant’s work product or other unavoidable delays occasioned by unforeseen circumstances; provided, further, that such unavoidable delay will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant’s officers or employees.

Consultant acknowledges the importance to City of City’s project schedule and agrees to put forth its best professional efforts to perform the Services in a manner consistent with that schedule. City understands, however, that Consultant’s performance must be governed by sound practices. Consultant will work such overtime or engage such personnel and equipment as necessary to maintain the schedule, without additional compensation.

5. Compensation.

5.1 The total fee payable for the Services to be performed during the term of this Agreement will be a not to exceed amount of two hundred ninety nine thousand eight hundred sixty-five dollars ($299,865) as may be further specified in the attached Exhibit “A.” No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the Services.

5.2 Payment will occur only after receipt by City of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City.

5.3 Within thirty (30) days after receipt of any applicable progress payment request, City will verify the accuracy of the request, correct the charges where appropriate, and make payment to Consultant in an amount equal to the amount of such application, as verified or corrected by City. No payment made prior to completion and acceptance of the Services will constitute acceptance of any part of the Services.

City reserves the right to withhold payment from Consultant on account of Services not performed satisfactorily, delays in Consultant's performance of Services, or other defaults hereunder.

6. Status of Consultant. Consultant will perform the Services as an independent contractor, free from the control and direction of City, in pursuit of Consultant’s independent calling, and not as an employee of City. The persons used by Consultant to provide the Services under this Agreement will not be considered employees of City for any purposes whatsoever and City will not pay any tax, workers’ compensation insurance, retirement contributions or unemployment contributions on behalf of Consultant or its employees or subcontractors. Consultant agrees to indemnify and pay City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment, including, but not limited to, those based on any provision of the Federal Affordable Care Act, which City may be required to make on behalf of Consultant or any agent, employee, or contractor of Consultant for work done under this Agreement. The payment made to Consultant pursuant to the Agreement will be the full and complete compensation to which Consultant is entitled. City will not make any federal or state tax withholdings on behalf of Consultant or its agents, employees or subcontractors.

At the City’s election, City may deduct the amounts paid pursuant to this Section, from any balance owing to Consultant.

7. Subcontracting. Consultant's services are being requested by City because they are unique and personal. Except as may be specified in Exhibit “A”, Consultant will not subcontract any portion of the

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Services without prior written approval of City Manager or his/her designee. If Consultant subcontracts any of the Services, Consultant will be fully responsible to City for the acts, errors and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Consultant and City.

Consultant will be responsible for payment of subcontractors. Consultant will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Consultant's work unless specifically noted to the contrary in the subcontract and approved in writing by City.

8. Other Consultants. The City reserves the right to employ other consultants in connection with the Services.

9. Indemnification. Consultant agrees to indemnify, including the cost to defend, City, its officers, agents, volunteers and employees from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its agents in the performance of services under this Agreement, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by City or the agents, servants, or independent contractors who are directly responsible to City, or arising from the active negligence of City.

10. Insurance. Consultant will obtain and maintain, at its cost and expense, for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Services by Consultant or Consultant’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A:VII."

10.1 Coverages and Limits. Consultant will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager, in consultation with the City Attorney approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Consultant's indemnification obligations under this Agreement. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. The coverage will contain no special limitations on the scope of its protection to the above-designated insureds except for Workers Compensation and errors and omissions insurance. Consultant will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage, as Consultant deems adequate, at Consultant's sole expense.

10.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit.

10.1.2 Automobile Liability. $1,000,000 combined single-limit per accident for bodily injury and property damage.

10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Consultant has no employees and provides, to City's satisfaction, a declaration stating this.

10.1.4 Professional Liability. Errors and omissions liability appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim.

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10.2 Endorsements. For Commercial General Liability Insurance, Consultant will ensure that the policies are endorsed to name the City, its officers, agents, volunteers and employees as additional insureds. Prior to City's execution of this Agreement, Consultant will furnish, to the satisfaction of the City, certificates of insurance and endorsements.

10.3 Cancellation. Insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent pursuant to the notice provisions of this Agreement.

10.4 Failure to Maintain Coverage. If Consultant fails to maintain any of these insurance coverages, then City will have the option to declare Consultant in breach of this Agreement, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Consultant is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Consultant or deduct the amount paid from any sums due Consultant under this Agreement.

10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements.

10.6 Primary Coverage. For any claims related to the Services and this Agreement, the Consultant’s insurance coverage will be primary insurance with respect to City, its officers, agents, volunteers and employees. Any insurance or self-insurance maintained by City for itself, its officers, agents, volunteers and employees, will be in excess of Consultant’s insurance and not contributory with it.

10.7 Reduction in Coverage/Material Changes. Consultant will notify City in writing pursuant to the notice provisions of this Agreement thirty (30) days prior to any reduction in any of the insurance coverage required pursuant to this Agreement or any material changes to the respective insurance policies.

10.8 Waiver of Subrogation. The policies shall contain a waiver of subrogation for the benefit of City.

11. Business License. If required, Consultant will obtain and maintain a City of Brentwood Business License for the term of the Agreement, as it may be amended from time-to-time.

12. Maintenance of Records. Consultant will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Consultant will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Consultant will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

13. Ownership of Documents.

13.1 All product produced by Consultant or its agents, employees, and subcontractors pursuant to this Agreement (the “Work Product”) is the property of City. In the event this Agreement is terminated, all Work Product produced by Consultant or its agents, employees and subcontractors pursuant to this Agreement will be delivered to City pursuant to the termination clause of this Agreement. Consultant will have the right to make one (1) copy of the Work Product for Consultant’s records.

13.2 The Work Product may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable, without further employment of or payment of any compensation to Consultant; provided, however, that if this Agreement is terminated for any reason prior to completion of the Project and if under such circumstances City uses, or engages the services of and directs another consultant to use, the Work Product, City agrees to hold Consultant harmless from any and all liability, costs, and expenses relative to claims arising out of matters and/or events which occur subsequent to the termination of this Agreement as a result of causes other than

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the fault or negligence of Consultant, or anyone for whose acts it is responsible, in preparation of the Work Product. Consultant will not be responsible for deficiencies solely attributable to modifications of the Work Product performed by others, or that arise from use of the Documents in connection with a project or site other than that shown in the Work Product.

14. Copyrights. Consultant agrees that all copyrights that arise from the Services will be vested in City and Consultant relinquishes all claims to the copyrights in favor of City.

15. Confidentiality. All documents, reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of the Services pursuant to the Agreement are confidential until released by the City to the public, and the Consultant will not make any of these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before any such release.

16. Notices. Any notices relating to this Agreement shall be given in writing and shall be deemed sufficiently given and served for all purposes when delivered personally, by facsimile or by generally recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows:

For City:

City of Brentwood
150 City Park Way
Brentwood, CA 94513
Phone No. (925) 516-5307
Attn: Vatsal Patel
For Consultant:

Name: Bellecci & Associates, Inc., dba SanbellBay Area Title: Principal Engineer
Address: 1390 Willow Pass Road, Suite 300
Concord, CA 94520
Phone No.: (925) 685-4569
Attn: Robert Broestl, PE
Either Party may change its address for purposes of this section by giving the other Party written notice of the new address in the manner set forth above.

17. Conflicts of Interest.

17.1 City will evaluate Consultant’s duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of Consultant or any of Consultant’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Consultant or Consultant’s affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700.

17.2 Consultant understands that its professional responsibility is solely to City. Consultant warrants that it presently has no interest, present or contemplated, and will not acquire any direct or indirect interest, that would conflict with its performance of this Agreement. Consultant further warrants that neither Consultant, nor Consultant’s agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Consultant will file with the City an affidavit disclosing this interest. Consultant will not knowingly, and will take reasonable steps to ensure that it does not, employ a person having such an interest in the performance of this Agreement. If after employment of a person, Consultant discovers that it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant will promptly disclose the relationship to the City and take such action as the City may direct to remedy the conflict.

18. General Compliance with Laws. Consultant will keep fully informed of federal, state and local laws and ordinances and regulations (“Laws”) which in any manner affect those employed by Consultant, or in any way affect the performance of the Services by Consultant. Consultant will at all times observe and

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comply with these laws, ordinances, and regulations and will be responsible for the compliance of the Services with all applicable laws, ordinances and regulations.

19. Pandemic Health Laws. Consultant’s duty to comply with Laws includes compliance by Consultant with all local, state, or federal Laws that have been or may be enacted in response to the COVID-19 pandemic (collectively, “Health Laws”), which include all of the County of Contra Costa Health Orders. Failure to fully comply with the Health Laws constitutes a material default, subject to all available remedies including suspension or termination.

20. Discrimination and Harassment Prohibited. Consultant will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment.

21. Termination. In the event of the Consultant's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Consultant in writing pursuant to the notice provisions of this Agreement. Consultant has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Consultant has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. In the event City elects to terminate, City will have the right to immediate possession of all Work Product and work in progress prepared by Consultant, whether located at the project site, at Consultant's place of business, or at the offices of a subconsultant.

Either Party, upon tendering thirty (30) calendar days written notice to the other Party, may terminate this Agreement for convenience. In this event and upon request of City, Consultant will assemble the work product without charge and put it in order for proper filing and closing and deliver it to City. Consultant will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made.

22. Covenants Against Contingent Fees. Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to terminate this Agreement for nonperformance, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.

23. Claims And Lawsuits. By signing this Agreement, Consultant agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Consultant acknowledges that if a false claim is submitted to City by Consultant, it may be considered fraud and Consultant may be subject to criminal prosecution. Consultant acknowledges that California Government Code sections 12650 et seq., the False Claims Act, applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Consultant acknowledges that the filing of a false claim may subject Consultant to an administrative debarment proceeding as the result of which Consultant may be prevented to act as a Consultant on any public work or improvement for a period of up to five (5) years. Consultant acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement.

24. Jurisdiction, Venue and Governing Law. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of Contra Costa, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. This agreement

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will be governed by the laws of the State of California.

25. Testimony. Consultant will testify at City's request if litigation is brought against City in connection with Consultant's services under this agreement. Unless the action is brought by Consultant, or is based upon Consultant's actual or alleged negligence or other wrongdoing, City, upon prior written agreement with Consultant will compensate Consultant for time spent in preparation for testimony, testimony, and travel at Consultant's standard hourly rates at the time of actual testimony.

26. Successors and Assigns. It is mutually understood and agreed that this Agreement will be binding upon the Parties and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Consultant without the prior written consent of City, which will not be unreasonably withheld.

27. Section Headings. Section headings as used in this Agreement are for convenience only and will not be deemed to be a part of such sections and will not be construed to change the meaning of the section.

28. Waivers. The waiver by either Party of any breach or violation of any term, covenant, or condition of this Agreement or of any applicable law will not be deemed to be a waiver of such term, covenant, condition or law or of any subsequent breach or violation of same or of any other term, covenant, condition or law. The acceptance by either Party of any fee or other payment which may become due under this Agreement will not be deemed to be a waiver of any preceding breach or violation by the other Party of any term, covenant, or condition of this Agreement or any applicable law.

29. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it embody the entire Agreement and understanding between the parties relating to the subject matter of it. The City Manager is authorized, in consultation with the City Attorney, to agree to nonmaterial amendments to this Agreement. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties.

30. Authority. The individuals executing this Agreement and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Agreement.

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31. Severability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.

32. Signatures.

32.1 Counterparts. This Agreement may be executed in two or more counterparts, each of which together will be deemed an original, but all of which together will constitute the same instrument.

32.2 Digital/Electronic Signatures. Using a City-approved method, this Agreement may be executed through the use of digital or electronic signatures in accordance with Government Code Section

16.5. The presence of an electronic signature on this Agreement will be construed as the Parties’ consent to do business electronically.

CONSULTANT:
* By:

Printed Name:

Title:
** By:

Printed Name:

Title:

CITY:

By:

ATTEST:

By:

Amanda McVey, City Clerk
APPROVED AS TO FORM:

By:

Katherine Wisinski, City Attorney
If required by City, proper notarial acknowledgment of execution by Consultant must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. **Group B.

Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.

If an LLC:
• The Agreement must be signed by a Managing Member or the LLC must attach a resolution empowering the signatory to bind the LLC.

If a partnership:
• The Agreement must be signed by the Managing Partner or the Partner authorized to execute agreements of this type. Additional documentation, such as the partnership agreement, confirming this signature authority may be required.

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If a sole proprietorship:
• The Agreement must be signed by the owner.

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EXHIBIT “A”

SCOPE OF SERVICES
Consultant will perform the following Services, at the rates indicated below.

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

Brentwood Manor Water and Wastewater Rehabilitation 562-56419 Description/Justification:

This project includes the replacement of 3,200 LF of water, sewer and storm drain facilities to correct existing operations and maintenance constraints due to the age of the facilities. This project will allow the City to accommodate the anticipated development around the surrounding area and bring the aging facilities up to current standards.

Project Status:

The design phase is anticipated for FY 2024/25 and construction for FY 2025/26.

Supplemental Information:

Funding for this project will be split equally between the Water Replacement Fund and the Wastewater Replacement Fund. There will be future O & M costs consisting of routine maintenance and minor repairs of the water, sanitary sewer and storm drain facilities.

PROJECT EXPENDITURES Prior 2024/25 2025/26 2026/27 2027/28 2028/29 TOTAL 70239 Legal 50,000 $ 50,000
90040 Planning and Design 700,000 $ 700,000
90050 Construction 5,037,000 $ 5,037,000
90070 Project Administration 700,000 $ 700,000
TOTAL 700,000 $ 5,787,000 $ 6,487,000 $
PROJECT FUNDING Prior 2024/25 2025/26 2026/27 2027/28 2028/29 TOTAL 47 - Var Enterprise 700,000 5,787,000 $ 6,487,000
TOTAL 700,000 $ 5,787,000 $ 6,487,000 $

PROJECT FINANCING CURRENT PROPOSED

Project Category: Water Improvements
Location: Brentwood Manor Subdivision - Curtis
Drive, Lynn Drive, Ellen Lane, Berry
Lane and Broderick Drive
Project Manager: V. Patel
Project Priority: 2C - Necessary
Est. Completion Date: 2025/26
Future Annual
O & M Impact: $2,500
Public Art
Requirement: Exempt
General Plan Policy: IF 1-1, IF 2-1, IF 3-1, IF 4-1

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SUBJECT: Consideration of actions pertaining to the City’s Landscape and Lighting Assessment Districts, including Landscape and Lighting Assessment District Nos. 19-3 and 21-1, and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2025/26
DEPARTMENT: Parks and Recreation
STAFF: Vatsal Patel, Interim Director of Parks and Recreation Aaron Wanden, Park Maintenance Manager

TITLE/RECOMMENDATION
Adopt a Resolution declaring the intention to order improvements for the City of Brentwood’s sixty-eight (68) Landscape and Lighting Assessment Districts (“LLADs”), Landscape and Lighting Assessment District No. 19-3, Landscape and Lighting Assessment District No. 21-1, and Citywide Park Maintenance District No. 98-1 for Fiscal Year 2025/26; declaring the intention to levy and collect assessments; and setting the date of May 27, 2025, at 7:00 p.m. or at such time thereafter that the matter can be heard for the public hearing in accordance with the provisions of the Streets and Highways Code “Landscaping and Lighting Act of 1972” and California Proposition 218.

FISCAL IMPACT
For Fiscal Year 2025/26, it is anticipated the City will collect assessments for the operation, maintenance, and replacement of public improvements associated with the following:

LLADs (including 19-3 and 21-1) $ 11,588,678
Citywide Park Maintenance District $ 3,916,262
The City is required to make contributions to the LLAD’s for the portion of the costs that represent general benefits to the public at large. In addition, the City’s General Fund makes contributions to certain LLAD’s for which the revenue collected is not sufficient for the operation and maintenance of the improvements.

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The FY 2025/26 General Fund Operating Budget includes the following transfers out for the operation, maintenance and required general benefit contribution:

LLADs (including 19-3 and 21-1) $ 2,187,215
Parks and LLAD Replacement Fund $ 154,500
In addition, the General Fund Operating Budget includes budget for the operation and maintenance of the Brentwood Family Aquatic Center (BFAC). This amount is included in the required general benefit contribution by the City.

BFAC Division Operating Budget $ 1,499,578
To ensure the Districts are self-supporting, each has had an administrative cost factored into the maximum assessment rate during formation, to cover preparation of annual Engineer’s Reports and levying of assessments.

BACKGROUND
In order to fund certain public improvements, cities often designate particular areas within their city limits as “Landscape and Lighting Assessment Districts.” Properties within the boundaries of each such district are assessed a charge to help offset the cost of things like the installation and maintenance of landscaping, statues, fountains, general lighting, traffic lights, recreational and playground courts and equipment, and public restrooms. The Landscaping and Lighting Act of 1972 (the “1972 Act,” codified at Public Resources Code §§ 22500, et seq.) and Proposition 218 require that parcels within a landscape and lighting assessment district (“LLAD”) only be assessed for the special benefits conferred on property from eligible public improvements. Proposition 218 further requires the City to identify the benefits to each property, and then separate and quantify the special benefits from the general benefits to the public at large. Any costs associated with general benefits and benefit to property not within a landscape and lighting assessment district must be funded by the City.

Given this requirement, the City conducted a benefit analysis of various improvement types to determine which properties benefit from each improvement and the City’s share of the cost. In addition to continuing to fund operations and maintenance associated with the Brentwood Family Aquatic Center, the City is budgeted to contribute an estimated $2.63 million in Fiscal Year 2025/26, thereby fulfilling the City’s benefit requirement for Fiscal Year 2025/26. This contribution amount is consistent with the amount contributed by the City in prior years to pay for the

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operation, maintenance, and replacement of public improvements associated with the Districts.

Additionally, the 1972 Act requires an annual review and an updated Engineer’s Report be prepared to set assessment rates each fiscal year. In addition, any new landscape and lighting assessment districts, or any annexation of additional property into existing landscape and lighting assessment districts, also requires an Engineer’s Report to be generated.

The annual Engineer’s Report for LLAD No. 19-3 is prepared under separate cover from the Consolidated Engineer’s Report for the LLADs due to the inclusion of multiple benefit zones within that LLAD. Likewise, the annual Engineer’s Report for LLAD No. 21-1 is prepared under separate cover from the Consolidated Engineer’s Report for the LLADs due to the assessment being comprised of the following two components:
1) the Construction Component, which provides funding for the construction of the new landscape improvements that will be assessed to property within LLAD No. 21-1 over a period of 10 years in equal annual installments with no interest, which commenced in Fiscal Year 2022-23 and ends after Fiscal Year 2031-32; and
2) the Maintenance Component, which provides funding for the ongoing operation, maintenance, servicing, and replacement of the new landscape improvements, which commenced in Fiscal Year 2022-23 and will be assessed annually based on the maintenance budget each subsequent year.

The Preliminary Engineer’s Reports contain 1) plans and specifications for the improvements, 2) estimate of the costs of the improvements, 3) diagram of the landscape and lighting assessment districts, 4) description of the method of apportionment of the costs of the improvements to the benefiting parcels, and 5) property list and assessment roll.

The Fiscal Year 2025/26 assessments in the Consolidated Preliminary Engineer’s Report for the LLADs, the Landscape and Lighting Assessment District No. 19-3 Preliminary Engineer’s Report, the Landscape and Lighting Assessment District No. 21-1 Preliminary Engineer’s Report, and the Citywide Park Maintenance District No. 98-1 Preliminary Engineer’s Report will be assessed on the Fiscal Year 2025/26 property tax roll and are calculated by considering all anticipated expenditures for maintenance, utilities, and administration.

Assessment rates may or may not change from fiscal year to fiscal year, dependent upon maintenance to be performed, but cannot exceed the maximum amount set

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when the Districts were originally formed, plus an annual cost of living adjustment.

The cost-of-living adjustment for Fiscal Year 2025/26 is the Consumer Price Index for all Urban Wage Earners and Clerical Workers in the San Francisco Bay Area from December 2023 to December 2024, which was 2.08%. The maximum assessment rates are adjusted for Fiscal Year 2025/26 as follows:
1) The cost of living adjustment noted above (2.08%) will be applied to the maximum assessments in LLAD Nos. 94-1E, 94-1EC, 99-5, and 02-2 through 19-2, 21-2, 21-3, 23-1, 24-1, 24-2, 24-3, Landscape and Lighting Assessment District No. 19-3, the maintenance component of Landscape and Lighting Assessment District No. 21-1, and the Citywide Park Maintenance District No. 98-1.
2) LLAD Nos. 94-1N, 94-1S, 95-2 through 99-4, and 99-6 through 01-1 have a maximum cost of living increase of 2% each fiscal year and therefore the cost of living adjustment will be 2% for Fiscal Year 2025/26.

Thirty-one of the 68 LLADs, Landscape and Lighting Assessment District No. 19-3, Landscape and Lighting Assessment District No. 21-1, and Citywide Park Maintenance District No. 98-1 will be assessed at their respective Fiscal Year 2025/26 maximum authorized assessment rates as described above. The remaining thirty-seven (37) LLADs will be assessed below their maximum authorized assessment rates for Fiscal Year 2025/26 to adequately fund their respective operating budget and reserve.

As a part of the process, the 1972 Act requires that an Engineer’s Report be filed, and a public hearing be held.

As noted in the Engineer’s Reports, the applicable Districts are as follows: No. 94-1 (Brentwood Country Club); No. 95-2 (Hawthorne Landing); No. 95-3 (Pheasant Run); No. 95-4 (Diablo Estates); No. 95-5 (California Spirit and Glory); No. 95-6 (Gerry Ranch); No. 95-7 (SPA D); No. 95-8 (Garin Ranch); No. 97-1 (Brentwood Lakes); No. 97-2 (Marsh Creek Apartments); No. 97-3 (Brentwood Park Apartments); No. 98-3 (Solana); No. 98-4 (Birchwood Estates); No. 98-5 (Arroyo Seco); No. 99-3 (SPA ‘L’); No. 99-4 (California Grove); No. 99-5 (Deer Ridge Country Club); No. 99-6 (Trailside); No. 99-7 (Termo); No. 99-8 (Gerry Property); No. 99-9 (Richmond American); No. 00-2 (Lyon Woodfield); No. 00-3 (California Orchard); No. 00-4 (Brentwood Park); No. 01-1 (Laird Project); No. 02-2 (Oakstreet); No. 02-3 (Apricot Way); No. 02-4 (Braddock & Logan); No. 02-5 (Sand Creek & Brentwood Blvd.); No. 02-6 (Balfour & John Muir); No. 02-7 (San Jose & Sand Creek); No. 02-8 (Lone Tree); No. 02-9 (Balfour Plaza); No. 02-10 (Lone Tree Center); No. 02-11 (Lone Tree Plaza);

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No. 02-12 (Sunset Industrial); No. 02-13 (Stonehaven); No. 03-2 (Meritage Lone Tree); No. 03-3 (Brookdale Court); No. 03-4 (Tri City Plaza); No. 03-5 (West Summerset); No. 03-6 (Arbor Village); No. 03-7 (Garin Ranch Commercial); No. 03- 8 (Blackhawk Commercial); No. 04-2 (Balfour-Griffith Commercial); No. 05-2 (South Brentwood Blvd. Commercial), No. 06-2 (Palmilla); No. 06-3 (Vineyards); No. 06-4 (Villa Amador); No. 06-5 (Barrington); No. 11-1 (North Brentwood Boulevard); No. 14-1 (Mission Grove); No. 14-2 (Ferro-Ronconi); No. 15-1 (Bella Fiore); No. 15-2 (Renaissance Estates); No. 16-1 (Bond Lane); No. 16-2 (Sellers); No. 17-1 (Sparrow); No. 17-2 (Catching’s Ranch); No. 17-3 (Cornerstone Fellowship); No. 19- 1 (Terrene); No. 19-2 (Alvernaz), No. 21-2 (Orchard Trails), No. 21-3 (Bennett Estates), No. 23-1 (Orchard Grove), No. 24-1 (Hanson Lane), No. 24-2 (Trumark Trailside), No. 24-3 (Inez Estates), No. 19-3 (Citywide and Local Maintenance Services), No. 21-1 (Deer Ridge Landscape Improvements),and the Citywide Park Maintenance District No. 98-1.

Staff recommends that the City Council adopt a Resolution declaring the intention to order improvements for the City of Brentwood’s 68 LLAD’s, Landscape and Lighting Assessment District No. 19-3, Landscape and Lighting Assessment District No. 21-1, and Citywide Park Maintenance District No. 98-1 for Fiscal Year 2025/26; declaring the intention to levy and collect assessments; and setting the date of May 27, 2025, for the public hearing required by law.

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
The City’s action is categorically exempt from the California Environmental Quality Act (“CEQA,” as codified at Public Resources Code §§ 21000, et seq., as further governed by the State CEQA Guidelines, 14 CCR §§ 15000, et seq.). This action consists of initiation of proceedings for the levying of annual assessments for landscape, lighting, and park maintenance purposes and is within certain classes of

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projects that have been determined not to have a significant effect on the environment in that it meets the criteria set forth in sections 15273 (‘Rates, Tolls, Fares, and Charges’), 15301(c) (‘Existing Facilities’), and 15306 (‘Information Collection’) of the State CEQA Guidelines.

ALTERNATIVE OPTION(S)
Not approving these actions will result in the inability to file the Engineer’s Reports for Fiscal Year 2025/26, which is required by the Landscaping and Lighting Act of 1972. This act requires that an annual review and updated Engineer’s Report be generated for any new assessment districts or any annexations into existing assessment districts.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Preliminary Engineer’s Report LLADs

4. Preliminary Engineer’s Report LLAD No. 19-3 (Citywide & Local Maintenance Services)

5. Preliminary Engineer’s Report LLAD No. 21-1 (Deer Ridge Landscape Improvements)

6. Preliminary Engineer’s Report Citywide Park Maintenance District No. 98-1

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

Actions were taken in previous years to form the City’s sixty-eight (68) Landscape and Lighting Assessment Districts (“LLADs”), Landscape and Lighting Assessment District No. 19-3, Landscape and Lighting Assessment District No. 21-1, and Citywide Park Maintenance District No. 98-1. Engineer’s Reports setting the annual assessment rates have been approved each year by the City Council prior to finalizing the property tax roll with Contra Costa County and levying assessments.

On March 25, 2025, by Resolution No. 2025-30, the City Council adopted a resolution of initiation appointing Francisco and Associates as the Engineer of Work for the City’s LLADs, Landscape and Lighting Assessment District No. 19-3, Landscape and Lighting Assessment District No. 21-1, and Citywide Park Maintenance District No. 98-1; ordering the Engineer of Work to prepare and file the Engineer’s Reports for Fiscal Year 2025-26; and approving and authorizing the City Manager or his/her designee to execute a Professional Services Agreement with Francisco and Associates for a two-year term in an amount not to exceed $477,900, plus a 10% contingency, for assessment engineering services for Fiscal Years 2025/26 and 2026/27. In addition, the two-year agreement includes an option to extend the agreement for two additional one-year terms.

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD DECLARING THE INTENTION TO ORDER
IMPROVEMENTS FOR THE CITY’S LANDSCAPE & LIGHTING

ASSESSMENT DISTRICTS, LANDSCAPE & LIGHTING
ASSESSMENT DISTRICT No. 19-3, LANDSCAPE & LIGHTING
ASSESSMENT DISTRICT No. 21-1, AND THE CITYWIDE PARK
MAINTENANCE DISTRICT NO. 98-1 FOR FISCAL YEAR 2025/26;

DECLARING THE INTENTION TO LEVY & COLLECT
ASSESSMENTS; AND SETTING THE DATE OF May 27, 2025, AT
7:00 P.M. OR AT SUCH TIME THEREAFTER THAT THE MATTER

CAN BE HEARD FOR THE PUBLIC HEARING IN ACCORDANCE

WITH THE PROVISIONS OF THE STREETS & HIGHWAYS CODE
“LANDSCAPING AND LIGHTING ACT OF 1972” AND CALIFORNIA
PROPOSITION NO. 218
WHEREAS, sixty-eight (68) Landscape and Lighting Assessment Districts (“LLADs”) located throughout the City of Brentwood (“City”), Landscape and Lighting Assessment District No. 19-3, Landscape and Lighting Assessment District No. 21-1, and Citywide Park Maintenance District No. 98-1, were previously established by the City Council and approved by the property owners; and
WHEREAS, the City has previously levied assessments on property within the LLADs, Landscape and Lighting Assessment District No. 19-3, Landscape and Lighting Assessment District No. 21-1, and Citywide Park Maintenance District No. 98-1 (collectively the “Districts”) to pay for improvements therein; and WHEREAS, as required by Section 22622 of the California Streets and Highways Code, the City Council of the City of Brentwood, by approval of Resolution of Initiation No. 2025-30, has described the proposed improvements to be included for the determination of annual assessments levied for the Districts created under the Landscaping and Lighting Act of 1972 and ordered Francisco & Associates, as the Engineer of Work, to prepare the required Engineer’s Reports to determine the annual levy of assessments for the Districts; and
WHEREAS, as required by Section 22623 of the California Streets and Highways Code, the Engineer of Work has filed Preliminary Engineer’s Reports for the Districts for Fiscal Year 2025/26 with the City Clerk, in accordance with provisions of the Landscaping and Lighting Act of 1972.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood that:

1. The recitals to this Resolution are true and correct and material to the adoption of this resolution.

2. The City’s action is categorically exempt from the California Environmental Quality Act (“CEQA,” as codified at Public Resources Code §§ 21000, et seq., as further governed by the State CEQA Guidelines, 14 CCR §§ 15000, et seq.) as the action consists of initiation of proceedings for the levying of annual assessments for landscape, lighting, and park maintenance purposes and is within certain classes of projects that have been determined not to have a significant effect on the environment in that it meets the criteria set forth in sections 15273 (‘Rates, Tolls, Fares, and Charges’), 15301(c) (‘Existing Facilities’), and 15306 (‘Information Collection’) of the State CEQA Guidelines.

3. It hereby declares the intention to order improvements for the LLADs, Landscape and Lighting Assessment District No. 19-3, Landscape and Lighting Assessment District No. 21-1, and Citywide Park Maintenance District No. 98-1 for Fiscal Year 2025/26 and declares the intention to levy and collect assessments in said Districts. The LLADs are located throughout the City. Landscape & Lighting Assessment District No. 19-3 is comprised of seventeen (17) zones of benefit located throughout the City. Landscape and Lighting Assessment District No. 21-1 is comprised of 1,118 parcels also known as the Deer Ridge development. Citywide Park Maintenance District No. 98-1 includes all parcels within the City.

4. The improvements to be made in the Districts are generally described as the installation, operation, maintenance and servicing of parks, recreational, landscaping, irrigation, lighting and associated facilities and appurtenances located in and along arterial and collector streets and within other public areas as referenced in the Consolidated Preliminary Engineer’s Report for the LLADs for Fiscal Year 2025/26, the Landscape and Lighting Assessment District No. 19-3 Preliminary Engineer’s Report for Fiscal Year 2025/26, the Landscape and Lighting Assessment District No. 21-1 Preliminary Engineer’s Report for Fiscal Year 2025/26, and the Citywide Park Maintenance District No. 98-1 Preliminary Engineer’s Report for Fiscal Year 2025/26 on file with the City Clerk. All interested persons are referred to the Engineer’s Reports for a full and detailed description of the improvements, the boundaries of the Districts and the proposed assessments upon assessable lots and parcels of land within the Districts.

5. Per Section 22624(f) of the California Streets and Highways Code, the following Districts may be increased over the Fiscal Year 2024/25 assessment rates to account for an inflation adjustment, however they are not increased above the maximum assessment rate that was set when each District was created or subsequently ratified: No. 94-1 (Brentwood Country Club); No. 95-2 (Hawthorne Landing); No. 95-3 (Pheasant Run); No. 95-4 (Diablo Estates); No. 95-5 (California Spirit and Glory); No. 95-6 (Gerry Ranch); No. 95-7 (SPA D); No. 95-8 (Garin Ranch); No. 97-1 (Brentwood Lakes); No. 97-2 (Marsh Creek Apartments); No. 97- 3 (Brentwood Park Apartments); No. 98-3 (Solana); No. 98-4 (Birchwood Estates); No. 98-5 (Arroyo Seco); No. 99-3 (SPA ‘L’); No. 99-4 (California Grove); No. 99-5 (Deer Ridge Country Club); No. 99-6 (Trailside); No. 99-7 (Termo); No. 99-8 (Gerry Property); No. 99-9 (Richmond American); No. 00-2 (Lyon Woodfield); No. 00-3 (California Orchard); No. 00-4 (Brentwood Park); No. 01-1 (Laird Project); No. 02- 2 (Oakstreet); No. 02-3 (Apricot Way); No. 02-4 (Braddock & Logan), No. 02-5

(Sand Creek & Brentwood Blvd.); No. 02-6 (Balfour & John Muir); No. 02-7 (San Jose & Sand Creek); No. 02-8 (Lone Tree); No. 02-9 (Balfour Plaza); No. 02-10 (Lone Tree Center); No. 02-11 (Lone Tree Plaza); No. 02-12 (Sunset Industrial); No. 02-13 (Stonehaven); No. 03-2 (Meritage Lone Tree); No. 03-3 (Brookdale Court); No. 03-4 (Tri City Plaza); No. 03-5 (West Summerset); No. 03-6 (Arbor Village); No. 03-7 (Garin Ranch Commercial); No. 03-8 (Blackhawk Commercial); No. 04-2 (Balfour-Griffith Commercial); No. 05-2 (South Brentwood Blvd.

Commercial), No. 06-2 (Palmilla); No. 06-3 (Vineyards); No. 06-4 (Villa Amador); No. 06-5 (Barrington); No. 11-1 (North Brentwood Boulevard); No. 14-1 (Mission Grove); No. 14-2 (Ferro-Ronconi); No. 15-1 (Bella Fiore); No. 15-2 (Renaissance Estates); No. 16-1 (Bond Lane); No. 16-2 (Sellers); No. 17-1 (Sparrow); No. 17-2 (Catching’s Ranch), No. 17-3 (Cornerstone Fellowship); No. 19-1 (Terrene), No. 19- 2 (Alvernaz), No. 21-2 (Orchard Trails), No. 21-3 (Bennett Estates), No. 23-1 (Orchard Grove), No. 24-1 (Hanson Lane), No. 24-2 (Trumark Trailside), No. 24-3 (Inez Estates), No. 19-3 (Citywide and Local Maintenance Services), No. 21-1 (Deer Ridge Landscape Improvements), and the Citywide Park Maintenance District No. 98-1.

6. On May 25, 2025, at 7:00 p.m., or at such time thereafter that the matter can be heard, it will conduct a Public Hearing on the levy of proposed annual assessments for each of the Districts for Fiscal Year 2025/26. The meeting and hearing will be held at the City Council Chambers, 150 City Park Way, Brentwood, California.

7. The City Clerk is authorized and directed to give the notice of public hearing required by the Landscaping and Lighting Act of 1972 and Proposition 218.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of May 2025 by the following vote:

Consolidated Report for the City’s
Landscaping and LighƟng
Assessment Districts
Fiscal Year 2025‐26
Preliminary Engineer’s Report
May 13, 2025

Landscape & Lighting Districts
Fiscal Year 2025-26 TABLE OF CONTENTS
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City Directory..............................................................................................ii Certificates................................................................................................. iii SECTION I - Introduction ...........................................................................1 SECTION II - Impacts of Proposition 218 ...................................................2 SECTION III - Engineer’s Report................................................................3 Part A - Plans and Specifications.....................................................5 Part B - Estimate of Cost .................................................................9 Part C - Assessment District Diagram............................................11 Part D - Method of Apportionment of Assessment.........................13 Part E - Property Owner List & Assessment Roll ...........................67 Appendix A - Detailed Project Cost Breakdown
Appendix B - Assessment Roll

Landscape & Lighting Districts
Fiscal Year 2025-26 CITY DIRECTORY
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-iiCITY OF BRENTWOOD

CITY COUNCIL MEMBERS AND CITY STAFF
FISCAL YEAR 2025-26
City Council Members
Susannah Meyer
Mayor
Pa'tanisha Pierson Faye Maloney
Vice Mayor Council Member
Jovita Mendoza Tony Oerlemans
Council Member Council Member
Darin Gale
Interim City Manager
Allen Baquilar
City Engineer
Kerry Breen
Director of Finance & Information Systems
Amanda McVey
City Clerk
Vatsal Patel
Interim Director of Parks & Recreation
Francisco & Associates
Assessment Engineer

Landscape & Lighting Districts
Fiscal Year 2025-26 CERTIFICATES
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-iiiENGINEER'S REPORT

CITY OF BRENTWOOD
CONSOLDIATED REPORT FOR THE CITY’S

LANDSCAPE & LIGHTING ASSESSMENT DISTRICTS
Fiscal Year 2025-26
The undersigned, acting on behalf of Francisco & Associates, respectfully submits the enclosed Engineer’s Report as directed by the City of Brentwood City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, and provisions of the Landscaping and Lighting Act of 1972 (Section 22500 et. seq. of the California Streets and Highways Code). The undersigned certifies that he is a Professional Engineer, registered in the State of California.

Dated: April 21, 2025 By:

Eduardo Espinoza, P.E.

RCE No. 83709
I HEREBY CERTIFY that the Engineer's Report, together with the Assessment Roll and Assessment District Diagram thereto attached was filed with me on the ______ day of __________________, 2025.

Amanda McVey, City Clerk
City of Brentwood
Contra Costa County, California
By:

I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll and the Assessment District Diagram thereto attached, was approved, and confirmed by the City Council of the City of Brentwood, Contra Costa County, California, on the day of ___________________, 2025.

Amanda McVey, City Clerk
City of Brentwood
Contra Costa County, California
By:

Landscape & Lighting Districts SECTION I
Fiscal Year 2025-26 INTRODUCTION
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SECTION I

INTRODUCTION

ENGINEER'S REPORT

CITY OF BRENTWOOD
CONSOLIDATED REPORT FOR THE CITY’S

LANDSCAPE & LIGHTING ASSESSMENT DISTRICTS
Fiscal Year 2025-26
Background Information
To ensure the proper flow of funds for the ongoing operation, maintenance, and servicing of specific improvements within the boundaries of the City of Brentwood, the City Council, through the Landscaping and Lighting Act of 1972, has previously approved the formation of seventy (70) Assessment Districts, sixty-eight (68) of which are summarized in this Report. The Annual Engineer’s Reports for Landscape and Lighting Assessment District No. 19-3 and Landscape and Lighting Assessment District No. 21-1 are prepared under separate covers due to the unique nature of the assessment districts. Improvements, which may be constructed, operated, maintained, and serviced by the Assessment Districts, include, but are not limited to:

Landscaping, street lighting, parks, open space facilities, trails, Contra Costa County Flood Control channel landscaping and associated appurtenant facilities.

Generally, developers construct these public improvements as conditions of approval for their permits for new housing or commercial/industrial developments. However, the ongoing operation, maintenance and servicing of these improvements are financed through the Assessment Districts. The formation of these Assessment Districts ensures that the operation, maintenance, and servicing of the improvements are specifically paid for by those property owners who directly benefit from the improvements.

Current Annual Administration
As required by the Landscaping and Lighting Act of 1972, the Engineer's Report includes:
(1) a description of the improvements to be operated, maintained, and serviced by each Assessment District, (2) a cost estimate for each Assessment District, and (3) a listing of the proposed Fiscal Year 2025-26 assessments to be levied upon each assessable lot or parcel within each Assessment District.

The City of Brentwood will hold a Public Hearing on May 27, 2025, regarding these various Assessment Districts which will provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the assessment rates as originally proposed or as modified.

Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this Report.