Brentwood City Council
October 14, 2025

OCTOBER 14, 2025, 7:00 PM

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

HOW TO 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

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

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

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

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

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
Special City Council Meeting of September 23, 2025
City Council / Successor Agency Meeting of September 23, 2025 E.2 A Proclamation Recognizing October 15, 2025 as National Support Your Local Chamber Day
E.3 A Proclamation Recognizing October 24, 2025 as World Polio Day E.4 Approve amendments to Council/Administrative Policy No. 10-25, Environmentally Preferable Purchasing Policy
Title/Recommendation
Adopt a Resolution amending Council/Administrative Policy No. 10-25, Environmentally Preferable Purchasing Policy.

E.5 Second Reading of Zoning Text Amendment (RZ 24-006) to the Brentwood Municipal Code to update regulations related to drive-through facilities Title/Recommendation
Waive the second reading of and adopt Ordinance No. 1089, approving amendments to the Brentwood Municipal Code to add development standards for drive-through facilities in Chapter 17.655 (Drive-Through Uses), including prohibition within 300 feet of Brentwood Boulevard, and updating references in all zones throughout the city related to the use.

The proposed text amendments are exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that the proposed ordinance would not authorize or facilitate new construction or other groundbreaking activities. There is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment. Any future project subject to updated zoning provisions would undergo appropriate CEQA review prior to approval.

E.6 Accept Trilogy Vineyards, LLC, Subdivision No. 8796 Off-site Sewer public improvement for maintenance
Title/Recommendation
Adopt a Resolution accepting a portion of Phase I public improvements (off-site sewer) for maintenance; accepting the Maintenance Bond; releasing the Improvement Securities; and requesting the City Clerk to file the Resolution with the Recorder of Contra Costa County for these improvements, constructed as a part of Trilogy Vineyards, LLC, Subdivision No. 8796.

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.

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 Establishment of a Section 115 Pension Trust
Title/Recommendation
Adopt resolution 1) Approving an agreement with Public Agency Retirement Services (PARS) for Section 115 Trust administrative services; 2) Approving the adoption of the Public Agency Post-Employment Benefits Trust for the purpose of prefunding pension obligations; 3) Authorizing the City Manager and the Director of Finance and Information Systems/City Treasurer or their designees to act as the City’s Plan Administrator of the Trust Program and execute the required documents; 4) Authorize the initial transfer of $8 million from the Pension/OPEB Obligation (“Budget Stabilization”) Fund; and 5) Update Council/Administrative Policy No. 10-05, Budget and Fiscal Policies

G.2 Wastewater Treatment Plant Expansion Project Update and Direction Title/Recommendation
Receive an update on the Wastewater Treatment Plant (WWTP) Expansion – Phase II, CIP Project #592-59140 (“Project”) and provide staff direction needed to complete the Project.

H. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Members wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for the next Council meeting
I. REQUESTED FUTURE AGENDA ITEM(S)
I.1 Consider a request from Mayor Meyer and Council Member Mendoza requesting review of the Open Space Overlay as it relates to agricultural and recreational uses at Deer Ridge Golf Course and similar parcels
Title/Recommendation
That the Council consider and discuss the request from Mayor Meyer and Council Member Mendoza’s request for Council to review agricultural and recreational uses at Deer Ridge Golf Course and similar parcels.

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

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

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

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

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

POSTING STATEMENT
On October 9, 2025, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov
A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov

1 SPECIAL CITY COUNCIL MINUTES
September 23, 2025, 5:30 p.m.

A. CALL TO ORDER & ROLL CALL
Council Member Mendoza called the meeting to order at 5:30 p.m.

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

Mayor Meyer arrived and joined the meeting at 5:40 p.m.

Vice Mayor Pierson arrived and joined the meeting at 5:46 p.m.

B. PLEDGE OF ALLEGIANCE
Council Member Mendoza led the Pledge of Allegiance.

C. PUBLIC COMMENTS
Council Member Mendoza opened public comments.

There being no one wishing to speak, Council Member Mendoza closed public comments.

D. RECESS TO CLOSED SESSION
Moved by: Tony Oerlemans, Council Member
Seconded by: Faye Maloney, Council Member
The Council, by motion, recessed to Closed Session at 5:32 p.m.

Ayes (3): Jovita Mendoza, Council Member, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Absent (2): Susannah Meyer, Mayor, and Pa'tanisha Pierson, Vice Mayor Motion Approved (3 to 0)
E. BUSINESS ITEMS
E.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
E.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
E.3 PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
E.4 CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION

2 F. ADJOURNMENT
The Council reconvened to the regularly scheduled City Council/Successor Agency meeting at 7:06 p.m.

Mayor Meyer stated there was nothing to report out from Closed Session.

1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
September 23, 2025, 7:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Meyer called the meeting to order at 7:06 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. PRESENTATIONS
C.1 Community College District - "State of the District" Mojdeh Mehdizadeh, Chancellor of the Contra Costa Community College District, and Pamela Ralston, President of Los Medanos College, provided the presentation.

D. PUBLIC COMMENTS
Mayor Meyer opened public comments.

Marty Dodson provided comments regarding security concerns at the Civic Center parking lot.

Youth Commissioner, Sahil Narula, provided comments regarding Youth Commission activities.

Adam Martinez, President of the Chamber of Commerce, provided comments expressing his support for the Economic Development staff.

Danny Dohrmann provided comments regarding recent news events both locally and nationally.

Gerilyn expressed her disappointment regarding communication follow-up on prior email correspondence.

Olga Vidriales expressed her appreciation for City leaders who support local businesses.

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

E. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF

2 Council Member Oerlemans reported on attendance at: the Farmers Market; Contra Costa County Police Academy graduation dinner; TRANSform Conference for Tri-Delta Transit; Makers Market, Celebration of Life services for Ron Nunn; Agenda review session; and City Council Closed Session meeting.

Council Member Maloney reported on attendance at: The Yard's One Year Anniversary Ribbon Cutting hosted by the Chamber of Commerce; Brentwood Schools/City of Brentwood Interagency meeting; new hire swearing in ceremony for Brentwood Police Officer; meeting with Streets of Brentwood General Manager; met with some of the downtown Brentwood businesses; change of ownership meeting at Westmont Assisted Living; and the Red Box Business Solutions/Brentwood Chamber of Commerce, Contra Costa Business Conference. Council Member Maloney also extended her congratulations to Brentwood's Veterans groups on their 100th Year Anniversary for the Brentwood Veterans Memorial Building.

Council Member Mendoza reported on attendance at: speaking engagement at La Paloma High School; meeting with Streets of Brentwood General Manager; an event at Trilogy; CalCities Latino Caucus Board Meeting, and the Luau for the 100th Year Anniversary of the Brentwood Veterans Memorial Building.

Vice Mayor Pierson expressed her regrets for being unable to attend the Luau for the 100th Year Anniversary of the Brentwood Veterans Memorial Building; the Brentwood Schools/City of Brentwood Interagency meeting; and the Red Box Business Solutions/Brentwood Chamber of Commerce, Contra Costa Business Conference due to work conflicts. Vice Mayor Pierson reported on attendance at: National Association for the Advancement of Colored People Third Annual Champions for Youth Gala and Awards Ceremony as the keynote speaker; Rotary Club of Brentwood's Girl Empowerment Event as a speaker; meeting with Electeds in Senator Grayson's office; meeting with members of communities in Martinez and Concord to discuss common issues; and the Green Empowerment Zone meeting. Vice Mayor Pierson recognized Terresa Anderson from Senator Grayson's office in attendance and introduced Jessica Cisneros from Assembly Member Anamarie Avila Farias' office who will be representing Brentwood.

Mayor Meyer reported on attendance at: a tour of City Hall for local Girl Scouts, Brownies and Eagle Scouts; the Grand Opening Celebration of the Antioch Brackish Water Desalination Facility; watched the Planning Commission meeting; meeting with T-Mobile staff; had a discussion with a member of the Advisory Council on Aging for Contra Costa County; attended the Red Box Business Solutions/Brentwood Chamber of Commerce, Contra Costa Business Conference; and attended the Downtown Brentwood Coalition Harvest Table event.

Interim City Manager, Darin Gale reported that staff continues to meet with the residential developer at the Innovation Center; attended a meeting with the Contra Costa County City Managers; meeting with the County

3 Administrator, Monica Nino to discuss projects they have located in Brentwood; and held meetings with the four Home Owner Associations for the Summerset communities to discuss the golf course. Interim City Manager, Darin Gale, thanked members of the City’s Information Systems staff, the Human Resources staff and the Community Enrichment staff for the amazing work they do.

F. CONSENT CALENDAR
The Council, by motion, moved to adopt the Consent Calendar as recommended by staff.

F.1 Meeting Minutes of the City Council
Approved City Council / Successor Agency Meeting Minutes of June 10, 2025;
City Council/Successor Agency Meeting Minutes of July 22, 2025; City Council / Successor Agency Meeting Minutes of August 12; City Council / Successor Agency Meeting Minutes of August 26; Special City Council Meeting Minutes of August 27;
Special City Council Meeting Minutes of August 28;
Special City Council Meeting Minutes of September 4;
Special City Council Meeting Minutes of September 9; and City Council / Successor Agency Meeting Minutes of September 9, 2025.

F.2 A Proclamation Recognizing September 26, 2025, as Human Resources Professionals Day
The Council, by Proclamation, recognized September 26, 2025, as Human Resources Professionals Day.

Mayor Meyer presented the proclamation to the City of Brentwood's Human Resources staff.

F.3 A Proclamation Recognizing September 29, 2025, as National Veterans of Foreign Wars Day
The Council, by Proclamation, recognized September 29, 2025, as National Veterans of Foreign Wars Day.

Mayor Meyer presented the proclamation to Travis Martin, Commander of the Veterans of Foreign Wars Post 10789 and comrades with the American Legion and Marine Corps League.

F.4 A Proclamation Recognizing October 2025 as Breast Cancer Awareness Month
The Council, by Proclamation, recognized October 2025 as Breast Cancer Awareness Month.

F.5 A Proclamation Recognizing October 2025 as Domestic Violence Awareness Month

4 The Council, by Proclamation, recognized October 2025 as Domestic Violence Awareness Month.

Mayor Meyer and Council Member Maloney presented the proclamation to Angela Vidal with Shepard’s Gate and Ashley Palomino with STAND! F.6 A Proclamation Recognizing October 2025 as Filipino American History Month
The Council, by Proclamation, recognized October 2025 as Filipino American History Month.

F.7 A Proclamation Recognizing October 2025 as National Cybersecurity Awareness Month
The Council, by Proclamation, recognized October 2025 as National Cybersecurity Awareness Month.

Mayor Meyer presented the proclamation to City of Brentwood's Information Systems staff.

F.8 A Proclamation Recognizing October 2025 as National Hispanic Heritage Month
The Council, by Proclamation, recognized October 2025 as National Hispanic Heritage Month.

Mayor Meyer and Council Member Mendoza presented the
proclamation to Elizabeth Gonzalez, teacher from Heritage High School.

F.9 A Proclamation recognizing October 2025 as National Italian American Heritage Month
The Council, by Proclamation, recognized October 2025 as National Italian American Heritage Month.

F.10 A Proclamation Recognizing October 2025 as Polish American Heritage Month
The Council, by Proclamation, recognized October 2025 as Polish American Heritage Month.

F.11 A Proclamation Recognizing October 5 – 11, 2025 as Code Enforcement Appreciation Week
The Council, by Proclamation, recognized October 5 – 11, 2025 as Code Enforcement Appreciation Week.

Mayor Meyer presented the proclamation to City of Brentwood's Community Enrichment staff.

F.12 A Proclamation Recognizing October 13, 2025, as Indigenous Peoples' Day

5 The Council, by Proclamation, recognized October 13, 2025, as Indigenous Peoples' Day.

Mayor Meyer presented the proclamation to Tribal Councilmembers Raquel Williams, Antonio Ruiz, Annette Williams, Tribal Council Spokesperson Kevin Singh, Executive Director of Cultural Preservation Michelle St. Clair.

F.13 Initiating and declaring the intention to order the formation of Landscape & Lighting Assessment District No. 25-1 (The Meadows) Adopted Resolution 2025-100 initiating and declaring the intention to form Landscape & Lighting Assessment District No. 25-1 (The Meadows); declaring the intention to levy and collect assessments; and setting the date of October 28, 2025, at 7:00 p.m. or as soon thereafter as the matter may be heard for the Public Hearing in accordance with the provisions of the “Landscaping and Lighting Act of 1972” and Proposition 218.

G. PUBLIC HEARINGS
G.1 Waive the first reading and introduce an ordinance approving a Zoning Text Amendment (RZ 24-006) to the Brentwood Municipal Code to update regulations related to drive-through facilities
Jennifer Hagen, Senior Planner, presented the item.

Mayor Meyer opened the public hearing.

There being no one wishing to speak, Council Member Mendoza moved to close the public hearing, seconded by Vice Mayor Pierson.

The motion to close the public hearing carried unanimously with Council Member Maloney, Council Member Mendoza, Vice Mayor Pierson, Council Member Oerlemans and Mayor Meyer in favor.

Amanda McVey, City Clerk, read the title of the Ordinance into the record.

Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Vice Mayor
Waived the first reading and introduced Ordinance 1089 approving amendments to the Brentwood Municipal Code to add development standards for drive-through facilities in Chapter 17.655 (Drive-Through Uses), including prohibition within 300 feet of Brentwood Boulevard, and updating references in all zones throughout the city related to the use.

The proposed text amendments are exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that the proposed ordinance would not authorize or facilitate new construction

6 or other groundbreaking activities. There is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment. Any future project subject to updated zoning provisions would undergo appropriate CEQA review prior to approval.

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 MOU for Delta Informal Gardeners Funding Request of $10,000 Abraham Salinas, Senior Analyst, presented the item.

Mayor Meyer opened public comments.

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

Moved by: Faye Maloney, Council Member
Seconded by: Tony Oerlemans, Council Member
Adopted Resolution No. 2025-101 approving a Memorandum of Understanding (“MOU”) between the City of Brentwood (“City”) and Delta Informal Gardeners (“DIG”) for a payment of $10,000 to support its 2026 Annual Mother’s Day Plant Sale Program, and authorize the City Manager or designee to execute the MOU and to make minor nonsubstantive revisions to it 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)
There were no requests for Future Agenda Items.

J. ADJOURNMENT
Moved by: Faye Maloney, Council Member
Seconded by: Pa'tanisha Pierson, Vice Mayor
The Council, by motion, moved to adjourn at 8:41 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)

PROCLAMATION
WHEREAS, local Chambers of Commerce play an important role in building strong, thriving communities by supporting local businesses, creating connections, and encouraging residents to shop, dine, and invest locally; and WHEREAS, the Brentwood Chamber of Commerce is a valued partner to the City of Brentwood, working hand in hand to promote economic vitality, host community events, and showcase the unique character and spirit of our city; and
WHEREAS, through its programs, networking opportunities, and outreach, the Brentwood Chamber of Commerce helps businesses grow and succeed while fostering a welcoming environment for new entrepreneurs and community members alike; and
WHEREAS, the collaboration between the City of Brentwood and the Chamber of Commerce strengthens our shared vision of a prosperous, inclusive, and connected community; and
WHEREAS, National Support Your Local Chamber Day is a time to celebrate the Chamber’s dedication, leadership, and continued partnership that help make Brentwood a wonderful place to live, work, and do business.

NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood does hereby recognize October 15, 2025, as

NATIONAL SUPPORT YOUR LOCAL CHAMBER DAY
and encourages all residents and businesses to show their appreciation and support for the Brentwood Chamber of Commerce and its invaluable contributions to our community.

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

PROCLAMATION
WHEREAS, Rotary International, with over 1.4 million members worldwide, has been committed to the global eradication of polio for more than three decades; and
WHEREAS, polio cases have been reduced by 99.9% since 1988, preventing more than 20 million cases of paralysis and hundreds of thousands of deaths; and
WHEREAS, the Global Polio Eradication Initiative, of which Rotary is a core partner, continues to vaccinate children and monitor outbreaks in highrisk areas; and WHEREAS,World Polio Day, observed on October 24, commemorates the birth of Jonas Salk, who led the first team to develop a vaccine against poliomyelitis; and
WHEREAS, the Rotary Club of Brentwood actively supports the PolioPlus campaign and has contributed to awareness, advocacy, and fundraising in our community;
NOW THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood does hereby recognize October 24, 2025 as

WORLD POLIO DAY
and encourage all citizens to join in the effort to eradicate polio and support Rotary International’s humanitarian mission.

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

CITY COUNCIL AGENDA ITEM NO. E.4
10/14/2025
SUBJECT: Approve amendments to Council/Administrative Policy No. 10-25, Environmentally Preferable Purchasing Policy
DEPARTMENT: Public Works Department
Engineering Department
STAFF: Casey Wichert, Director of Public Works
Jon Carlson, Solid Waste Manager
Debra Galey, Senior Management Analyst

TITLE/RECOMMENDATION
Adopt a Resolution amending Council/Administrative Policy No. 10-25, Environmentally Preferable Purchasing Policy.

FISCAL IMPACT
Amendments to the Environmentally Preferable Purchasing Policy (“EPPP”) are not expected to necessitate the amendment of any budgets. Updates to the Policy will encourage and support, but not require the use of, environmentally preferable products or services. Staff will continue to consider price, performance and availability in all purchasing decisions.

BACKGROUND
The purpose of the Policy is to encourage and increase the use of environmentally preferable products and services in the City, whenever practical. In practice, this means buying and using products and services that reduce negative environmental impacts because of the way they are made, used, transported, packaged and disposed of, including their potential for reuse or ability to be recycled. This includes purchasing products and services that minimize toxics, pollution and hazards to worker and community safety. The Policy covers a wide range of activities.

Beginning January 1, 2022, Senate Bill 1383 requires jurisdictions that provide solid waste collection services to purchase recycled-content paper products that are recyclable, for example:
 Printing and writing paper shall consist of at least 30 percent, by fiber weight, postconsumer fiber;

CITY COUNCIL AGENDA ITEM NO. E.4
10/14/2025
 Paper towels shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber;
 Food serviceware, including but not limited to, napkins, plates, bowls, food trays, takeout boxes, placemats, etc., shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber.

The EPPP proposed amendments include recycled-content paper purchasing and record keeping guidelines to maintain compliance with State law. While SB 1383 outlines recycled-content paper purchasing, compliance will not have negative fiscal impacts since the law also states that these requirements are only required when recycled-content products are:
 Available at no greater cost than non-recycled products, and  Fitness and quality are equal to non-recycled products.

Additionally, SB 1383 includes the use of compost and mulch made with Recycled Organic Waste Products (“ROWP”) for landscaped areas, along with record keeping of ROWP source and volumes utilized.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

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

1. Do not approve staff’s recommendation. Not approving staff’s recommendation would result in non-compliance with SB 1383.

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

CITY COUNCIL AGENDA ITEM NO. E.4
10/14/2025

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Council/Administrative Policy No. 10-25, Environmentally Preferable Purchasing Policy, with amendments in track changes

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 9, 2023, by Resolution No. 2023-57, the City Council adopted Council/Administrative Policy No. 10-25, Environmentally Preferable Purchasing Policy.

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD AMENDING COUNCIL/ADMINISTRATIVE POLICY
NO. 10-25, ENVIRONMENTALLY PREFERABLE PURCHASING
POLICY
WHEREAS, it is the policy of the City of Brentwood, to the greatest extent practicable, to institute practices that reduce waste by increasing product efficiency and effectiveness; and
WHEREAS, the City desires to encourage and increase the use of environmentally preferable products and services, whenever practical; and WHEREAS, buying and using products and services that reduce negative environmental impacts because of the way they are made, used, transported, packaged and disposed of, including their potential for reuse or ability to be recycled is encouraged; and
WHEREAS, products and services that minimize toxics, pollutants and hazards to worker and community are encouraged; and
WHEREAS, on May 9, 2023, by Resolution No. 2023-57, the City Council adopted Council/Administrative Policy No. 10-25, Environmentally Preferable Purchasing Policy; and
WHEREAS, Senate Bill 1383 requires jurisdictions that provide solid waste collection services to purchase recycled-content paper products that are recyclable, and requires the use of compost and mulch made with Recycled Organic Waste Products (“ROWP”) for landscaped areas; and
WHEREAS, the City Council desires to amend Council/Administrative Policy No. 10-25, Environmentally Preferable Purchasing Policy, to include the requirements of SB 1383, along with tracking and record keeping requirements.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby resolve to amend the Council/Administrative Policy No. 10- 25, Environmentally Preferable Purchasing Policy, as set forth in the exhibit attached hereto and incorporated herein in order to comply with SB 1383.

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

Exhibit A

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 October 14,2025
Resolution No. 2025-XX Page 1 of 19
______________________________________________________________________________

CITY OF BRENTWOOD

1.0 STATEMENT OF POLICY
By incorporating environmental considerations in public purchasing, the City of Brentwood (City) can serve the commitment by the State of California to reducing its burden on the local and global environment, removing unnecessary hazards from its operations, protecting public health, reducing costs and liabilities, and potentially improving the environmental quality of the region. This policy is an effective way to direct the City's effort in procuring environmentally preferable products and services while remaining in compliance with local, state, and federal law including the requirements of SB 1383.

It is the policy of the City of Brentwood, to the greatest extent practicable, to:
 Institute practices that reduce waste by increasing product efficiency and effectiveness.
 Purchase environmentally preferable products and services that minimize environmental impacts, toxics, pollution, and hazards to worker and community safety.
 Purchase products that include recycled content, are durable and longlasting, conserve energy and water, use agricultural fibers and residues, reduce greenhouse gas emissions, use unbleached or chlorine free manufacturing processes, are lead and mercury free, and use sustainably harvested wood.
 Procure environmentally preferable products and services where criteria have been established by governmental or other widely recognized authorities (e.g. Energy Star, EPA Eco Purchasing Guidelines).  Comply with all environmental legislative and regulatory requirements in the procurement of products and services, including, but not limited to, state requirements as contained in 14 CCR Division 7, Chapter 12, Article 12 (SB 1383 procurement regulations) to procure a specified amount of Recovered Organic Waste Products, to purchase Recycled-Content Paper Products, and Recycled-Content Printing and Writing Paper.
 Nothing in this policy shall be construed as requiring a department, agency or contractor to procure products that do not perform adequately for their intended use or are not available at a reasonable price in a reasonable period of time.
 Procedures and Guidelines may be established as necessary to ensure the continuation of a strong environmental procurement program.

Exhibit A

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 October 14,2025
Resolution No. 2025-XX Page 2 of 19
______________________________________________________________________________

CITY OF BRENTWOOD

2.0 PURPOSE
This Policy is adopted in order to:
 Conserve natural resources, materials, and energy.
 Minimize environmental impacts such as pollution and use of water and energy.
 Eliminate or reduce toxics that create hazards to workers and our community.
 Promote practices that protect the health and safety of public and worker health.
 Support strong recycling markets.
 Maximize recyclability and recycled content.
 Reduce materials that are landfilled.
 Increase the use and availability of environmentally preferable products that protect the environment.
 Identify environmentally preferable products and distribution systems.  Incentivize manufacturers and vendors to reduce environmental impacts in their production and distribution systems or services.
 Create a model for successfully purchasing environmentally preferable products that encourages other purchasers in our community to adopt similar goals.

3.0 PRIORITIES

3.1 The health and safety of workers and citizens is of utmost importance.

3.2 City of Brentwood has made significant investments in developing a successful recycling system and recognizes that recycled content products are essential to the continuing viability of that recycling system and for the foundation of an environmentally sound production system. Therefore, to the greatest extent practicable, recycled content shall be included in products that also meet other specifications, such as chlorine free or biobased.

3.3 Nothing contained in this policy shall be construed as requiring a department, purchaser or contractor to procure products that do not perform adequately for their intended use, exclude adequate competition, or are not available at a reasonable price in a reasonable period of time.

Exhibit A

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 October 14,2025
Resolution No. 2025-XX Page 3 of 19
______________________________________________________________________________

CITY OF BRENTWOOD

3.4 Nothing contained in this policy shall be construed as requiring City of Brentwood, department, purchaser or contractor to take any action that conflicts with local, state or federal requirements.

4.0 SPECIFICATIONS

4.1 Source Reduction

4.1.1 City of Brentwood shall institute practices that reduce waste and result in the purchase of fewer products, whenever practicable and cost-effective.

4.1.2 City of Brentwood shall purchase remanufactured products such as toner cartridges, tires, furniture, equipment and automotive parts, whenever practicable.

4.1.3 All City of Brentwood buyers shall consider short-term and longterm costs in comparing product alternatives, when feasible.

This includes evaluation of total costs expected during the time a product is owned, including, but not limited to, acquisition, extended warranties, operation, supplies, maintenance,
disposal costs and expected lifetime compared to other
alternatives.

4.1.4 Products that are durable, long lasting, reusable or refillable are preferred, whenever feasible.

4.1.5 City of Brentwood requests vendors to eliminate packaging or use the minimum amount necessary for product protection.

Packaging that is reusable, recyclable or compostable is preferred, when suitable programs exist. Vendors shall be encouraged to take back and reuse pallets and other shipping and packaging materials, whenever feasible.

4.1.6 City of Brentwood shall consider provisions in contracts with suppliers that require suppliers to take back products for reuse or environmentally safe recycling when City of Brentwood discards or replaces such equipment, whenever practicable.

4.1.7 All documents shall be printed and copied on both sides to reduce the use and purchase of paper, whenever practical. This feature will be enabled on those copiers where the feature is available.

4.2 Recycled Content Products

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: October 14, 2025
Resolution No. 2025-XX Page 4 of 19
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CITY OF BRENTWOOD

4.2.1 Copiers and printers purchased shall be compatible with the use of recycled content and remanufactured products.

4.2.2 In accordance with California Public Contract Code § 10409, City of Brentwood shall purchase re-refined lubricating and industrial oil for use in its vehicles and other equipment, as long as it is certified by the American Petroleum Institute (API) as appropriate for use in such equipment.

4.2.3 When specifying asphalt concrete, aggregate base or portland cement concrete for road construction projects, City of Brentwood shall use recycled, reusable or reground materials, when practicable.

4.2.4 City of Brentwood may specify and purchase recycled content transportation products, including signs, cones, parking stops, delineators, channelizers and barricades.

4.2.5 If fitness and quality of Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper are equal to that of nonrecycled items, all departments and divisions of the City shall purchase Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper, whenever available at the same or a lesser total cost than non-recycled items, consistent with the requirements of the Public Contracts Code §§ 22150-22154 and 12200-12209, and as amended.

Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper are as follows and shall meet the following content standards:

4.2.5.1 Printing and writing paper shall consist of at least thirty percent (30%), by fiber weight,
postconsumer recycled content fiber;

4.2.5.2 Toilet paper shall consist of at least forty-five percent (45%), by fiber weight, postconsumer
recycled content fiber;

4.2.5.3 Paper towels shall consist of at least forty percent (40%), by fiber weight, postconsumer recycled
content fiber

4.2.5.4 Facial tissue shall consist of at least ten percent (10%), by fiber weight, postconsumer recycled

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: October 14, 2025
Resolution No. 2025-XX Page 5 of 19
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CITY OF BRENTWOOD
content fiber;

4.2.5.5 Toilet seat covers shall consist of at least twenty percent (20%), by fiber weight, postconsumer
recycled content fiber;

4.2.5.6 General purpose paper wipers shall consist of at least forty percent (40%), by fiber weight,
postconsumer recycled content fiber;

4.2.5.7 Food serviceware, including but not limited to, napkins, plates, bowls, food trays, takeout boxes,
placemats, etc. shall consist of at least forty
percent (40%), by fiber weight, postconsumer
recycled content fiber; and,

4.2.5.8 Other paper products shall consist of at least thirty percent (30%), by fiber weight, of postconsumer
recycled content fiber.

4.2.6 All Paper Products and Printing and Writing Paper shall be eligible to be labeled with an unqualified recyclable label as defined in 16 CFR § 260.12 (2013).

4.2.7 Records must be submitted to the City of all Paper Products and Printing and Writing Paper purchases at least once every 60 days (both recycled-content and non-recycled content, if any is purchased) for purchases made by a division or department or employee of the City.

4.2.8 Requirements for Vendors: All vendors that provide Paper Products (including janitorial Paper Products) and Printing and Writing Paper to the City shall:

4.2.8.1 Provide Recycled-Content Paper Products and
Recycled-Content Printing and Writing Paper that
consists of at least thirty percent (30%), by fiber
weight, postconsumer fiber, if fitness and quality

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: October 14, 2025
Resolution No. 2025-XX Page 6 of 19
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CITY OF BRENTWOOD
are equal to that of non-recycled item, and
available at equal or lesser price.

4.2.8.2 Certify in writing the minimum percentage of
postconsumer material in the Paper Products and
Printing and Writing Paper offered or sold to the
City. This certification requirement may be waived
if the percentage of postconsumer material in the
Paper Products and/or Printing and Writing Paper
can be verified by a product label, catalog,
invoice, or a manufacturer or vendor internet
website.

4.2.8.3 Only provide Paper Products and Printing and
Writing Papers that meet Federal Trade
Commission Recyclability standard as defined.

4.2.8.4 Provide records to the Recordkeeping Designee
for all Paper Products and Printing and Writing
Paper on a schedule to be determined by the
Recordkeeping Designee.

4.2.8.5 All vendors providing printing services to the City via a printing contract or written agreement, shall
use Printing and Writing Paper that consists of at
least thirty percent (30%), by fiber weight,
postconsumer fiber, or as amended by Public
Contract Code § 12209.

4.2.9 SB 1383 Eligible Compost and Mulch Procurement: The City, including through its Direct Service Providers, will make every effort to meet its annual procurement target for Recovered Organic Waste Products as determined by the State.

Periodically, the City’s Recordkeeping Designee shall distribute information to City Staff on the Procurement target and specific products that meet the SB 1383 procurement requirements.

Divisions and departments responsible for landscaping
maintenance shall:

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: October 14, 2025
Resolution No. 2025-XX Page 7 of 19
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CITY OF BRENTWOOD

4.2.9.1 Use SB 1383 Eligible Compost and SB 1383
Eligible Mulch produced from recovered Organic
Waste, as defined in the Glossary section of this
Policy, for landscaping maintenance as
practicable, whenever available, and capable of
meeting quality standards and criteria specified.

4.2.9.2 Keep records, including invoices or proof of
Recovered Organic Waste Product procurement
(either through purchase or acquisition), and
submit records to the City, on a schedule to be
determined by City. Records shall include:

4.2.9.2.1 General procurement records,
including:

4.2.9.2.2 General description of how and
where the product was used and
applied, if applicable;

4.2.9.2.3 Source of product, including name,
physical location, and contact
information for each entity,
operation, or facility from whom the
Recovered Organic Waste
Products were procured;

4.2.9.2.4 Type of product;

4.2.9.2.5 Quantity of each product; and,

4.2.9.2.6 Invoice or other record
demonstrating purchase or
procurement.
i. For Compost and SB 1383 Eligible Mulch provided to
residents through giveaway events or other types of
distribution methods, keep records of the Compost and
SB 1383 Eligible Mulch provided to residents. Records

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: October 14, 2025
Resolution No. 2025-XX Page 8 of 19
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CITY OF BRENTWOOD
shall be maintained and submitted to the City in
accordance with the requirements specified in Section 5, below.
ii. When a Direct Service Provider for the City procures compost or mulch, enter into a written contract or
agreement or execute a purchase order between the City
and Direct Service Provider with enforceable provisions that include: (i) definitions and specifications for SB 1383 Eligible Mulch and Compost; and, (ii) an enforcement
mechanism (e.g., termination, liquidated damages) in the event the Direct Service Provider is not compliant with the requirements.

4.3 Energy and Water Savings

4.3.1 Where applicable and practical, energy-efficient equipment shall be purchased with the most up to date energy efficiency functions. This includes, but is not limited to, high efficiency space heating and cooling systems.

4.3.2 When practicable, City of Brentwood shall replace inefficient interior lighting with energy efficient equipment.

4.3.3 When practicable, City of Brentwood shall replace inefficient exterior lighting, street lighting and traffic signal lights with energy-efficient equipment.

4.3.4 When considering electronic products, City of Brentwood will include in its specifications that for products where U. S. EPA Energy Star certification is available, the products must meet the latest Energy Star certification standards, when practicable.

When Energy Star labels are not available, choose energy efficient products that are in the upper 25% of energy efficiency as designated by the Federal Energy Management Program
when practical.

4.3.5 City of Brentwood shall purchase water-saving products, whenever practicable.

4.4 Green Building
The City of Brentwood shall recommend that all building and renovations

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: October 14, 2025
Resolution No. 2025-XX Page 9 of 19
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undertaken by City of Brentwood shall follow Green Building Practices for design, construction, and operation, where appropriate, as described in the LEED™ Rating System.

4.5 Landscaping

4.5.1 City of Brentwood shall recommend that all landscape renovations, construction and maintenance performed by City of Brentwood, including workers and contractors providing
landscaping services for City of Brentwood, shall employ sustainable landscape management techniques for design, construction and maintenance whenever possible, including, but not limited to, integrated pest management, grass-cycling, drip irrigation, composting, and procurement and use of mulch and compost that give preference to those produced from regionally generated plant debris and/or food waste programs.

4.5.2 Plants should be selected to minimize waste by choosing species for purchase that are appropriate to the microclimate, species that can grow to their natural size in the space allotted them, and perennials rather than annuals for color. Native and drought-tolerant plants that require no or minimal watering once established are preferred.

4.5.3 Hardscapes and landscape structures constructed of recycled content materials are encouraged. City of Brentwood shall limit the amount of impervious surfaces in the landscape, wherever practicable. Permeable substitutes, such as permeable asphalt or pavers, are encouraged for walkways, patios and driveways.

4.5.4 Mulch that is land applied by the City or its Contractors shall meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land
applications specified in 14 CCR § 17852(a)(24.5)(A)(1) through (3). Any organic materials that demonstrate the presence of contamination, potential pathogens, and/or high metal
concentrations shall not be chipped, mulched or land applied by the City and/or any contractors working for the City.

4.6 Toxics and Pollutants

4.6.1 To the extent practical, City of Brentwood shall purchase, use and require custodial contractors to use, industrial and institutional cleaning products that meet Green Seal certification standards for environmental preferability and performance.

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: October 14, 2025
Resolution No. 2025-XX Page 10 of 19
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CITY OF BRENTWOOD

4.6.2 The use of chlorofluorocarbon and halon-containing refrigerants, solvents and other products shall be phased out and new purchases of heating/ventilating/air conditioning, refrigeration, insulation and fire suppression systems shall not contain them.

4.6.3 All surfactants and detergents shall be readily biodegradable and, where practicable, shall not contain phosphates.

4.6.4 When maintaining buildings and landscapes, City of Brentwood shall manage pest problems through prevention and physical, mechanical and biological controls in accordance with the City of Brentwood Integrated Pest Management (IPM) program
which practices using the least toxic pest control as a last resort.

4.6.5 When maintaining buildings, City of Brentwood shall use products with the lowest amount of volatile organic compounds (VOCs), highest recycled content, and low or no formaldehyde when practicable when purchasing materials such as paint, carpeting, adhesives, furniture and casework.

4.6.6 City of Brentwood shall reduce or eliminate its use of products that contribute to the formation of dioxins and furans. This includes, but is not limited to:
 Purchasing paper, paper products, and janitorial paper products that are unbleached or that are processed without chlorine or chlorine derivatives, whenever possible.
 Prohibiting purchase of products that use polyvinyl chloride (PVC) such as, but not limited to, office binders, furniture, flooring, and medical supplies whenever practicable.

4.6.7 City of Brentwood shall purchase products and equipment with no lead or mercury whenever possible. For products that contain lead or mercury, City of Brentwood shall give preference to those products with lower quantities of these metals and to vendors with established lead and mercury recovery programs.

4.6.8 When replacing vehicles, City of Brentwood shall consider lesspolluting alternatives to diesel such as compressed natural gas,

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: October 14, 2025
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bio-based fuels, hybrids, electric batteries, and fuel cells, as available.

4.7 Forest Conservation

4.7.1 To the greatest extent practicable, City of Brentwood shall not procure wood products such as lumber and paper that originate from forests harvested in an environmentally unsustainable manner.

4.7.2 City of Brentwood encourages the purchase or use of previously used or salvaged wood and wood products whenever
practicable.

4.8 Bio-Based Products

4.8.1 Vehicle fuels made from non-wood, plant-based contents such as vegetable oils are encouraged, whenever practicable.

4.8.2 Paper, paper products and construction products made from non-wood, plant-based contents such as agricultural crops and residues are encouraged, whenever practicable.

4.8.3 Bio-based plastic products that are biodegradable and compostable, such as bags, film, food and beverage containers, and cutlery, are encouraged, whenever practicable.

5.0 IMPLEMENTATION

5.1 The City Manager, or designee, shall implement this policy in coordination with each Department.

5.2 As applicable, successful bidders shall certify in writing that the environmental attributes claimed in competitive bids are accurate. In compliance with State law, vendors shall be required to specify the minimum or actual percentage of recovered and post-consumer material in their products, even when such percentages are zero.

5.3 Upon request, buyers making the selection from competitive bids shall be able to provide justification for product choices that do not meet the environmentally preferable purchasing criteria in this policy.

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: October 14, 2025
Resolution No. 2025-XX Page 12 of 19
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5.4 When purchasers are requesting goods or services, they should review businesses certified by the Contra Costa County Green Business Program and include businesses that meet requirements in the request. View certified Green Businesses at greenbusinessca.org.

5.5 Vendors, contractors and grantees shall be encouraged to comply with applicable sections of this policy for products and services provided to the City of Brentwood, where practicable.

5.6 Recordkeeping Responsibilities: The City Manager shall select an employee to act as the Recordkeeping Designee that will be responsible for obtaining records pertaining to Procurement of Recovered Organic Waste Products, RecycledContent Paper Products, and Recycled-Content Printing and Writing Paper. The Recordkeeping Designee will do the following to track Procurement of Recovered Organic Waste Products, Recycled-Content Paper Products, and RecycledContent Printing and Writing Paper:

5.6.1 Collect and collate copies of invoices or receipts (paper or electronic) or other proof of purchase that describe the procurement of Printing and Writing Paper and Paper
Products, including the volume and type of all paper
purchases; and, copies of certifications and other required verifications from all departments and/or divisions procuring Paper Products and Printing and Writing Paper (whether or not they contain recycled content) and/or from the vendors providing Printing and Writing Paper and Paper Products.

These records must be kept as part of the City’s
documentation of its compliance with 14 CCR § 18993.3.
i. If non-Recycled-Content Paper Products and/or nonRecycled-Content Printing and Writing Paper are provided, include a description of why Recycled-Content Paper Products and/or Recycled-Content Printing and
Writing Paper were not purchased.

5.6.2 Collect and collate copies of invoices or receipts or documentation evidencing procurement from all
departments and divisions procuring Recovered Organic
Waste Products and invoices or similar records from
vendors/contractors/others procuring Recovered Organic
Waste Products on behalf of the City to develop evidence

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: October 14, 2025
Resolution No. 2025-XX Page 13 of 19
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of the City meeting its Annual Recovered Organic Waste
Product Procurement Target. These records must be kept
as part of the City’s documentation of its compliance with 14 CCR § 18993.1.

5.6.3 Collect, collate, and maintain documentation submitted by the City’s Direct Service Providers, and/or vendors,
including the information reported to the Recordkeeping Designee.

5.6.4 As required, compile data and report on the City’s direct procurement, and vendor/other procurement on behalf of
the City, of Recovered Organic Waste Products, RecycledContent Paper Products, and Recycled-Content Printing and Writing Paper, consistent with the requirements for Recycled-Content Paper Products and Recycled-Content
Printing and Writing Paper procurement.
6 PROGRAM EVALUATION
The City Manager or designee shall periodically evaluate the success of this policy’s implementation.
7 DEFINITIONS

7.1 “Bay Area Green Business Program” is a partnership of governments and businesses that certifies the environmental performance of government agencies and businesses.

7.2 “Bio-Based Products” means commercial or industrial products (other than food or feed) that utilize agricultural crops or residues, but does not include products made from forestry materials.

7.3 “Buyer” means anyone authorized to purchase or contract for purchases on behalf of City of Brentwood or its subdivisions.

7.4 “Chlorine free” means products processed without chlorine or chlorine derivatives.

7.5 “City of Brentwood” or “City” means the City of Brentwood elected officials, staff, and agencies.

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PREFERABLE PURCHASING
POLICY (“EPPP”)
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7.6 “Compost” (SB 1383 Eligible) means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream of which are separated at a centralized facility or as otherwise defined in 14 CCR § 17896.2(a)(4).

7.7 “Contractor” means any person, group of persons, business, consultant, designing architect, association, partnership, corporation, supplier, vendor or other entity that has a contract with City of Brentwood or serves in a subcontracting capacity with an entity having a contract with City of Brentwood for the provision of goods or services.

7.8 “Dioxins and furans” are a group of chemical compounds that are classified as persistent, bio-accumulative, and toxic by the U.S. Environmental Protection Agency (EPA).

7.9 “Direct Service Provider” means a person, company, agency, contractor, or other entity that provides a service or services to the City through a contractual or other written agreement or as otherwise defined in 14 CCR § 18982(a)(17).

7.10 “Energy Star” means the U.S. EPA’s energy efficiency product labeling program.

7.11 “Energy Efficient Product” means a product that is in the upper 25% of energy efficiency for all similar products, or that is at least 10% more efficient than the minimum level that meets State of California efficiency standards and State Title 24.

7.12 “Environmentally Preferable Products and Services” means products and services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product.

7.13 “Federal Energy Management Program” (FEMP) is a program of the Department of Energy that issues a series of Product Energy Efficiency Recommendations that identify recommended efficiency levels for energyusing products.

7.14 “Green Building Practices” means a whole-systems approach to the design, construction, and operation of buildings and structures that help mitigate the environmental, economic, and social impacts of construction, demolition, and renovation. Green Building Practices such as those described in the LEED™ Rating System, recognize the relationship between natural and built environments and seeks to minimize the use of

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PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: October 14, 2025
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energy, water, and other natural resources and provide a healthy productive environment.

7.15 “Green Seal” is an independent, non-profit environmental labeling organization. Green Seal standards for products and services meet the U.S.

EPA’s criteria for third-party certifiers. The Green Seal is a registered certification mark that may appear only on certified products.

7.16 “Integrated Pest Management” (IPM) is an ecosystem-based strategy that focuses on long-term prevention of pests or their damage through a combination of techniques such as biological control, habitat manipulation, modification of cultural practices, and use of resistant varieties. Pesticides are used only after monitoring indicates they are needed according to established guidelines, and treatments are made with the goal of removing only the target organism. Pest control materials are selected and applied in a manner that minimizes risks to human health, beneficial and non-target organisms, and the environment.

7.17 “LEED™ Rating System” means the most recent version of the Leadership in Energy and Environmental Design (LEED™) Commercial Green Building Rating System, or other related LEED ™ Rating System, approved by the U.S.

7.18 “Organic Pest Management” prohibits the use and application of toxic chemical pesticides and strives to prevent pest problems through the application of natural, organic horticultural and maintenance practices. All pest control products shall be in keeping with, but not limited to, those products on the approved list of California Certified Organic Foods (CCOF).

7.19 “Organic Waste” means solid waste containing material originated from living organisms and their metabolic waste products including, but not limited to, food, yard trimmings, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR § 18982(a)(46). Biosolids and digestate are as defined in 14 CCR § 18982(a)(4) and 14 CCR § 18982(a)(16.5), respectively.

7.20 “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or as otherwise defined in 14 CCR § 18982(a)(51).

7.21 "Post-consumer Material" means a finished material which would normally be disposed of as a solid waste, having reached its intended end-use and completed its life cycle as a consumer item, and does not include

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: October 14, 2025
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manufacturing or converting wastes.

7.22 “Practical” and “Practicable” mean whenever possible and compatible with local, state and federal law, without reducing safety, quality, or effectiveness and where the product or service is available at a reasonable cost in a reasonable period of time.

7.23 “Pre-consumer Material” means material or by-products generated after manufacture of a product is completed but before the product reaches the end- use consumer. Pre-consumer material does not include mill and manufacturing trim, or scrap, which is generated at a manufacturing site and commonly reused on-site in the same or another manufacturing process.

7.24 “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, reports, magazines, and publications; or as otherwise defined in 14 CCR § 18982(a)(54).

7.25 “Procurement of Recovered Organic Waste Products” shall mean purchase or acquisition of (e.g., free delivery or free distribution from a hauler or other entity via a written agreement or contract) Organic Waste Products and end use by the City. The City’s Annual Recovered Organic Waste Product Procurement Target can be fulfilled directly by the City or by Direct Service Providers through written contracts or agreements for Procurement of Recovered Organic Waste Products at the City’s behest.

7.26 “Recordkeeping” means the system established by the City Manager or their designee used to track procurement and maintain records that includes Recovered Organic Waste Product procurement efforts by the City.

7.27 “Recordkeeping Designee” means the public employee appointed by the City Manager or their designee to track procurement and maintain records of Recovered Organic Waste Product procurement efforts for the City and others, as applicable.

7.28 “Recovered Material” means fragments of products or finished products of a manufacturing process, which has converted a resource into a commodity of real economic value, and includes pre-consumer and post-consumer material, but does not include excess resources of the manufacturing process.

7.29 “Recovered Organic Waste Products” means products made from California, landfill-diverted recovered Organic Waste, processed at a permitted or otherwise authorized operation or facility, or as otherwise

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: October 14, 2025
Resolution No. 2025-XX Page 17 of 19
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CITY OF BRENTWOOD
defined in 14 CCR § 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an invessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12.

7.30 “Recyclable Product” means a product which, after its intended end use, can demonstrably be diverted from the City’s solid waste stream for use as a raw material in the manufacture of another product, and that the paper products and printing and writing paper offered or sold to the City are eligible to be labeled with an unqualified recyclable label as defined in 16 CFR § 260.12 (2013).

7.31 “Recycled Content” means the percentage of Recovered Material, including pre-consumer and post-consumer materials, in a product.

7.32 “Recycled Content Paper Products and Recycled Content Printing and Writing Paper” means such products that consist of at least thirty percent (30%) recycled materials (or as otherwise defined by product type under the Public Contract Code), by fiber weight, post-consumer fiber, or as much as one hundred percent (100%) post-consumer fiber by fiber weight, consistent with the requirements of Sections 22150 to 22154 and Sections 12200 and 12209 of the Public Contract Code, and as amended.

7.33 “Recycled Content Standard” means the minimum level of recovered material and/or post-consumer material necessary for products to qualify as “recycled products.”

7.34 “Recycled Material” means material and byproducts that have been recovered or diverted from solid waste, and have been utilized in place of raw or virgin material in manufacturing a product. It is derived from postconsumer recycled material, manufacturing waste, industrial scrap, agricultural waste, and other waste material, but does not include material or byproducts generated from, and commonly reused within, an original manufacturing process.

7.35 “Remanufactured Product” means any product diverted from the supply of discarded materials by refurbishing and marketing said product without substantial change to its original form.

7.36 “Reused Product” means any product designed to be used many times for the same or other purposes without additional processing except for specific requirements such as cleaning, painting or minor repairs.

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: October 14, 2025
Resolution No. 2025-XX Page 18 of 19
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7.37 “SB 1383” means Senate Bill 1383 approved by the Governor on September 19, 2016, which establishes methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, as amended, supplemented, superseded, and replaced.

7.38 “SB 1383 Eligible Compost” means the product resulting from the controlled biological decomposition of organic solid wastes that is produced at an approved facility and in such a way that makes it eligible to meet the Annual Recovered Organic Waste Product Procurement Target, as defined by CalRecycle.

7.39 “SB 1383 Eligible Mulch” means mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7. This SB 1383 Eligible Mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR § 18993.1(f)(4), produced at one of the following facilities:

7.39.1 A compostable material handling operation or facility as defined in 14 CCR § 17852(a)(12), that is permitted or
authorized under 14 CCR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR § 17852(a)(10).

7.39.2 A transfer/processing facility or transfer/processing operation as defined in 14 CCR §§ 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7.

7.39.3 A solid waste landfill as defined in Public Resources Code § 40195.1 that is permitted under 27 CCR Division 2.

7.40 “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to the Short Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: October 14, 2025
Resolution No. 2025-XX Page 19 of 19
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CITY OF BRENTWOOD

7.41 “Source Reduction” refers to products that result in a net reduction in the generation of waste compared to their previous or alternate version and includes durable, reusable and remanufactured products; products with no, or reduced, toxic constituents; and products marketed with no, or reduced, packaging.

7.42 “U.S. EPA Guidelines” means the Comprehensive Procurement Guidelines established by the U.S. Environmental Protection Agency for federal agency purchases as of May 2002, and any subsequent versions adopted.

7.43 “Vendor” means a person or company who provides goods or services. A vendor can also be referred to as a supplier or direct service provider.

7.44 “Virgin Material” means any material occurring in its natural form. Virgin Material is used in the form of raw material in the manufacturing of new products.

7.45 “Water-Saving Products” are those that are in the upper 25% of water conservation for all similar products, or at least 10% more water conserving than the minimum level that meets the Federal standards.

Exhibit A

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: May 9, 2023October
14,2025
Resolution No. 20232025-
57XX

______________________________________________________________________________

CITY OF BRENTWOOD

1.0 STATEMENT OF POLICY
By incorporating environmental considerations in public purchasing, the City of Brentwood (City) can serve the commitment by the State of California to reducing its burden on the local and global environment, removing unnecessary hazards from its operations, protecting public health, reducing costs and liabilities, and potentially improving the environmental quality of the region. This policy is an effective way to direct the City's effort in procuring environmentally preferable products and services while remaining in compliance with local, state, and federal law including the requirements of SB 1383.

It is the policy of the City of Brentwood, to the greatest extent practicable, to:
 Institute practices that reduce waste by increasing product efficiency and effectiveness.
 Purchase environmentally preferable products and services that minimize environmental impacts, toxics, pollution, and hazards to worker and community safety.
 Purchase products that include recycled content, are durable and longlasting, conserve energy and water, use agricultural fibers and residues, reduce greenhouse gas emissions, use unbleached or chlorine free manufacturing processes, are lead and mercury free, and use sustainably harvested wood.
 Procure environmentally preferable products and services where criteria have been established by governmental or other widely recognized authorities (e.g. Energy Star, EPA Eco Purchasing Guidelines). 
 Comply with all environmental legislative and regulatory requirements in the procurement of products and services, including, but not limited to, state requirements as contained in 14 CCR Division 7, Chapter 12, Article 12 (SB 1383 procurement regulations) to procure a specified amount of Recovered Organic Waste Products, to purchase Recycled-Content Paper Products, and Recycled-Content Printing and Writing Paper.

 Nothing in this policy shall be construed as requiring a department, agency or contractor to procure products that do not perform adequately for their intended use or are not available at a reasonable price in a reasonable period of time.

Exhibit A

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: May 9, 2023October
14,2025
Resolution No. 20232025-
57XX

______________________________________________________________________________

CITY OF BRENTWOOD


 Procedures and Guidelines may be established as necessary to ensure the continuation of a strong environmental procurement program.

2.0 PURPOSE
This Policy is adopted in order to:
 Conserve natural resources, materials, and energy.
 Minimize environmental impacts such as pollution and use of water and energy.
 Eliminate or reduce toxics that create hazards to workers and our community.
 Promote practices that protect the health and safety of public and worker health.
 Support strong recycling markets.
 Maximize recyclability and recycled content.
 Reduce materials that are landfilled.
 Increase the use and availability of environmentally preferable products that protect the environment.
 Identify environmentally preferable products and distribution systems.  Incentivize manufacturers and vendors to reduce environmental impacts in their production and distribution systems or services.
 Create a model for successfully purchasing environmentally preferable products that encourages other purchasers in our community to adopt similar goals. 3.0 PRIORITIES

3.1 The health and safety of workers and citizens is of utmost importance.

3.2 City of Brentwood has made significant investments in developing a successful recycling system and recognizes that recycled content products are essential to the continuing viability of that recycling system and for the foundation of an environmentally sound production system. Therefore, to

Exhibit A

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: May 9, 2023October
14,2025
Resolution No. 20232025-
57XX

______________________________________________________________________________

CITY OF BRENTWOOD
the greatest extent practicable, recycled content shall be included in products that also meet other specifications, such as chlorine free or biobased.

3.3 Nothing contained in this policy shall be construed as requiring a department, purchaser or contractor to procure products that do not perform adequately for their intended use, exclude adequate competition, or are not available at a reasonable price in a reasonable period of time.

3.4 Nothing contained in this policy shall be construed as requiring City of Brentwood, department, purchaser or contractor to take any action that conflicts with local, state or federal requirements.

5.04.0 SPECIFICATIONS
Source Reduction

4.1 4.1.1

4.1.2 4.1.34.1.1 City of Brentwood shall institute practices that reduce waste and result in the purchase of fewer products, whenever practicable and cost-effective.

4.1.44.1.2 City of Brentwood shall purchase remanufactured products such as toner cartridges, tires, furniture, equipment and automotive parts, whenever practicable.

4.1.54.1.3 All City of Brentwood buyers shall consider short-term and longterm costs in comparing product alternatives, when feasible.

This includes evaluation of total costs expected during the time a product is owned, including, but not limited to, acquisition, extended warranties, operation, supplies, maintenance,
disposal costs and expected lifetime compared to other
alternatives.

4.1.64.1.4 Products that are durable, long lasting, reusable or refillable are preferred, whenever feasible.

4.1.74.1.5 City of Brentwood requests vendors to eliminate packaging or use the minimum amount necessary for product protection.

Packaging that is reusable, recyclable or compostable is preferred, when suitable programs exist. Vendors shall be

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: May 9, 2023October 14,
2025
Resolution No. 20232025-
XX57

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CITY OF BRENTWOOD
encouraged to take back and reuse pallets and other shipping and packaging materials, whenever feasible.

4.1.84.1.6 City of Brentwood shall consider provisions in contracts with suppliers that require suppliers to take back products for reuse or environmentally safe recycling when City of Brentwood discards or replaces such equipment, whenever practicable.

4.1.94.1.7 All documents shall be printed and copied on both sides to reduce the use and purchase of paper, whenever practical. This feature will be enabled on those copiers where the feature is available.

5.24.2 Recycled Content Products

4.2.1 Copiers and printers purchased shall be compatible with the use of recycled content and remanufactured products.

4.2.2 In accordance with California Public Contract Code, Sec. 10409, City of Brentwood shall purchase re-refined lubricating and industrial oil for use in its vehicles and other equipment, as long as it is certified by the American Petroleum Institute (API) as appropriate for use in such equipment.

4.2.3 When specifying asphalt concrete, aggregate base or portland cement concrete for road construction projects, City of Brentwood shall use recycled, reusable or reground materials, when practicable.

4.2.4 City of Brentwood may specify and purchase recycled content transportation products, including signs, cones, parking stops, delineators, channelizers and barricades.

4.2.5 If fitness and quality of Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper are equal to that of nonrecycled items, all departments and divisions of the City shall purchase Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper, whenever available at the same or a lesser total cost than non-recycled items, consistent with the requirements of the Public Contracts Code, Sections 22150 through 22154 and Sections 12200 and 12209, and as amended. RecycledContent Paper Products and Recycled-Content Printing and Writing Paper are as follows and shall meet the following content standards:

4.2.4.14.2.5.1 Printing and writing paper shall consist of at least

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: May 9, 2023October 14,
2025
Resolution No. 20232025-
XX57

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CITY OF BRENTWOOD
thirty percent (30%), by fiber weight,
postconsumer recycled content fiber;

4.2.5.2 Toilet paper shall consist of at least forty-five percent (45%), by fiber weight, postconsumer
recycled content fiber;

4.2.5.3 Paper towels shall consist of at least forty percent (40%), by fiber weight, postconsumer recycled
content fiber
;

4.2.5.4 Facial tissue shall consist of at least ten percent (10%), by fiber weight, postconsumer recycled
content fiber;

4.2.5.5 Toilet seat covers shall consist of at least twenty percent (20%), by fiber weight, postconsumer
recycled content fiber;

4.2.5.6 General purpose paper wipers shall consist of at least forty percent (40%), by fiber weight,
postconsumer recycled content fiber;

4.2.5.7 Food serviceware, including but not limited to, napkins, plates, bowls, food trays, takeout boxes,
placemats, etc. shall consist of at least forty
percent (40%), by fiber weight, postconsumer
recycled content fiber; and,

4.2.5.8 Other paper products shall consist of at least thirty percent (30%), by fiber weight, of postconsumer
recycled content fiber.

4.2.5 All pre-printed recycled content papers intended for distribution that are purchased or produced shall contain a statement that the paper has recycled content. Whenever feasible, the
statement should indicate the percentage of post-consumer recycled content it contains.

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: May 9, 2023October 14,
2025
Resolution No. 20232025-
XX57

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CITY OF BRENTWOOD

4.2.6 All Paper Products and Printing and Writing Paper shall be eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).

4.2.7 Records must be submitted to the City of all Paper Products and Printing and Writing Paper purchases at least once every 60 days (both recycled-content and non-recycled content, if any is purchased) for purchases made by a division or department or employee of the City.

4.2.8 Requirements for Vendors: All vendors that provide Paper Products (including janitorial Paper Products) and Printing and Writing Paper to the City shall:

4.2.8.1 Provide Recycled-Content Paper Products and
Recycled-Content Printing and Writing Paper that
consists of at least thirty percent (30%), by fiber
weight, postconsumer fiber, if fitness and quality
are equal to that of non-recycled item, and
available at equal or lesser price.

4.2.8.2 Certify in writing the minimum percentage of
postconsumer material in the Paper Products and
Printing and Writing Paper offered or sold to the
City. This certification requirement may be waived
if the percentage of postconsumer material in the
Paper Products and/or Printing and Writing Paper
can be verified by a product label, catalog,
invoice, or a manufacturer or vendor internet
website.

4.2.8.3 Only provide Paper Products and Printing and
Writing Papers that meet Federal Trade
Commission Recyclability standard as defined.

4.2.8.4 Provide records to the Recordkeeping Designee
for all Paper Products and Printing and Writing

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: May 9, 2023October 14,
2025
Resolution No. 20232025-
XX57

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CITY OF BRENTWOOD
Paper on a schedule to be determined by the
Recordkeeping Designee.

4.2.8.5 All vendors providing printing services to the City via a printing contract or written agreement, shall
use Printing and Writing Paper that consists of at
least thirty percent (30%), by fiber weight,
postconsumer fiber, or as amended by Public
Contract Code Section 12209.

4.2.9 SB 1383 Eligible Compost and Mulch Procurement: The City, including through its Direct Service Providers, will make every effort to meet its annual procurement target for Recovered Organic Waste Products as determined by the State.

Periodically, the City’s Recordkeeping Designee shall distribute information to City Staff on the Procurement target and specific products that meet the SB 1383 procurement requirements.

Divisions and departments responsible for landscaping
maintenance shall:

4.2.9.1 Use SB 1383 Eligible Compost and SB 1383
Eligible Mulch produced from recovered Organic
Waste, as defined in the Glossary section of this
Policy, for landscaping maintenance as
practicable, whenever available, and capable of
meeting quality standards and criteria specified.

4.2.9.2 Keep records, including invoices or proof of
Recovered Organic Waste Product procurement
(either through purchase or acquisition), and
submit records to the City, on a schedule to be
determined by City. Records shall include:

4.2.9.2.1 General procurement records,
including:

4.2.9.2.2 General description of how and
where the product was used and
applied, if applicable;

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: May 9, 2023October 14,
2025
Resolution No. 20232025-
XX57

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CITY OF BRENTWOOD

4.2.9.2.3 Source of product, including name,
physical location, and contact
information for each entity,
operation, or facility from whom the
Recovered Organic Waste
Products were procured;

4.2.9.2.4 Type of product;

4.2.9.2.5 Quantity of each product; and,

4.2.5.1.14.2.9.2.6 Invoice or other record
demonstrating purchase or
procurement.
i. For Compost and SB 1383 Eligible Mulch provided to
residents through giveaway events or other types of
distribution methods, keep records of the Compost and
SB 1383 Eligible Mulch provided to residents. Records
shall be maintained and submitted to the City in
accordance with the requirements specified in Section 5, below.
ii. When a Direct Service Provider for the City procures compost or mulch, enter into a written contract or
agreement or execute a purchase order between the City
and Direct Service Provider with enforceable provisions that include: (i) definitions and specifications for SB 1383 Eligible Mulch and Compost; and, (ii) an enforcement
mechanism (e.g., termination, liquidated damages) in the event the Direct Service Provider is not compliant with the requirements.

5.34.3 Energy and Water Savings

4.3.1 Where applicable and practical, energy-efficient equipment shall be purchased with the most up to date energy efficiency functions. This includes, but is not limited to, high efficiency

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: May 9, 2023October 14,
2025
Resolution No. 20232025-
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space heating and cooling systems.

4.3.14.3.2 When practicable, City of Brentwood shall replace inefficient interior lighting with energy efficient equipment.

4.3.24.3.3 When practicable, City of Brentwood shall replace inefficient exterior lighting, street lighting and traffic signal lights with energy-efficient equipment.

4.3.34.3.4 When considering electronic products, City of Brentwood will include in its specifications that for products where U. S. EPA Energy Star certification is available, the products must meet the latest Energy Star certification standards, when practicable.

When Energy Star labels are not available, choose energy efficient products that are in the upper 25% of energy efficiency as designated by the Federal Energy Management Program
when practical.

4.3.44.3.5 City of Brentwood shall purchase water-saving products, whenever practicable.

5.44.4 Green Building
The City of Brentwood shall recommend that all building and renovations undertaken by City of Brentwood shall follow Green Building Practices for design, construction, and operation, where appropriate, as described in the LEED™ Rating System.

5.54.5 Landscaping

4.5.1 City of Brentwood shall recommend that all landscape renovations, construction and maintenance performed by City of Brentwood, including workers and contractors providing
landscaping services for City of Brentwood, shall employ sustainable landscape management techniques for design, construction and maintenance whenever possible, including, but not limited to, integrated pest management, grass-cycling, drip irrigation, composting, and procurement and use of mulch and compost that give preference to those produced from regionally generated plant debris and/or food waste programs.

4.5.2 Plants should be selected to minimize waste by choosing species for purchase that are appropriate to the microclimate, species that can grow to their natural size in the space allotted them, and perennials rather than annuals for color. Native and

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: May 9, 2023October 14,
2025
Resolution No. 20232025-
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CITY OF BRENTWOOD
drought-tolerant plants that require no or minimal watering once established are preferred.

4.5.3 Hardscapes and landscape structures constructed of recycled content materials are encouraged. City of Brentwood shall limit the amount of impervious surfaces in the landscape, wherever practicable. Permeable substitutes, such as permeable asphalt or pavers, are encouraged for walkways, patios and driveways.

4.5.34.5.4 Mulch that is land applied by the City or its Contractors shall meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land
applications specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3). Any organic materials that demonstrate the presence of contamination, potential pathogens, and/or high metal concentrations shall not be chipped, mulched or land applied by the City and/or any contractors working for the City.

5.64.6 Toxics and Pollutants

4.6.1 To the extent practical, City of Brentwood shall purchase, use and require custodial contractors to use, industrial and institutional cleaning products that meet Green Seal certification standards for environmental preferability and performance.

4.6.1 4.6.2 The use of chlorofluorocarbon and halon-containing refrigerants, solvents and other products shall be phased out and new purchases of heating/ventilating/air conditioning, refrigeration, insulation and fire suppression systems shall not contain them.

4.6.2 4.6.3 All surfactants and detergents shall be readily biodegradable and, where practicable, shall not contain phosphates.

4.6.3 4.6.4 When maintaining buildings and landscapes, City of Brentwood shall manage pest problems through prevention and physical, mechanical and biological controls in accordance with the City of Brentwood Integrated Pest Management (IPM) program
which practices using the least toxic pest control as a last resort.

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: May 9, 2023October 14,
2025
Resolution No. 20232025-
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4.6.4 4.6.5 When maintaining buildings, City of Brentwood shall use products with the lowest amount of volatile organic compounds (VOCs), highest recycled content, and low or no formaldehyde when practicable when purchasing materials such as paint, carpeting, adhesives, furniture and casework.

4.6.5 4.6.6 City of Brentwood shall reduce or eliminate its use of products that contribute to the formation of dioxins and furans. This includes, but is not limited to:
 Purchasing paper, paper products, and janitorial paper products that are unbleached or that are processed without chlorine or chlorine derivatives, whenever possible.
 Prohibiting purchase of products that use polyvinyl chloride (PVC) such as, but not limited to, office binders, furniture, flooring, and medical supplies whenever practicable.

4.6.7 City of Brentwood shall purchase products and equipment with no lead or mercury whenever possible. For products that contain lead or mercury, City of Brentwood shall give preference to those products with lower quantities of these metals and to vendors with established lead and mercury recovery programs.

4.6.8 When replacing vehicles, City of Brentwood shall consider lesspolluting alternatives to diesel such as compressed natural gas, bio-based fuels, hybrids, electric batteries, and fuel cells, as available.

5.7 Forest Conservation

4.7 4.7.1 To the greatest extent practicable, City of Brentwood shall not procure wood products such as lumber and paper that originate from forests harvested in an environmentally unsustainable manner.

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: May 9, 2023October 14,
2025
Resolution No. 20232025-
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4.7.14.7.2 City of Brentwood encourages the purchase or use of previously used or salvaged wood and wood products whenever
practicable.

5.84.8 Bio-Based Products

4.8.1 Vehicle fuels made from non-wood, plant-based contents such as vegetable oils are encouraged, whenever practicable.

4.8.2 Paper, paper products and construction products made from non-wood, plant-based contents such as agricultural crops and residues are encouraged, whenever practicable.

4.8.3 Bio-based plastic products that are biodegradable and compostable, such as bags, film, food and beverage containers, and cutlery, are encouraged, whenever practicable.

6.05.0 IMPLEMENTATION

5.1 The City Manager, or designee, shall implement this policy in coordination with each Department.

5.2 As applicable, successful bidders shall certify in writing that the environmental attributes claimed in competitive bids are accurate. In compliance with State law, vendors shall be required to specify the minimum or actual percentage of recovered and post-consumer material in their products, even when such percentages are zero.

5.3 Upon request, buyers making the selection from competitive bids shall be able to provide justification for product choices that do not meet the environmentally preferable purchasing criteria in this policy.

5.4 When purchasers are requesting goods or services, they should review businesses certified by the Contra Costa County Green Business Program and include businesses that meet requirements in the request. View certified Green Businesses at greenbusinessca.org.

5.5 Vendors, contractors and grantees shall be encouraged to comply with applicable sections of this policy for products and services provided to the City of Brentwood, where practicable.

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: May 9, 2023October 14,
2025
Resolution No. 20232025-
XX57

______________________________________________________________________________

CITY OF BRENTWOOD

5.6 Recordkeeping Responsibilities: The City Manager shall select an employee to act as the Recordkeeping Designee that will be responsible for obtaining records pertaining to Procurement of Recovered Organic Waste Products, RecycledContent Paper Products, and Recycled-Content Printing and Writing Paper. The Recordkeeping Designee will do the following to track Procurement of Recovered Organic Waste Products, Recycled-Content Paper Products, and RecycledContent Printing and Writing Paper:

5.6.1 Collect and collate copies of invoices or receipts (paper or electronic) or other proof of purchase that describe the procurement of Printing and Writing Paper and Paper
Products, including the volume and type of all paper
purchases; and, copies of certifications and other required verifications from all departments and/or divisions procuring Paper Products and Printing and Writing Paper (whether or not they contain recycled content) and/or from the vendors providing Printing and Writing Paper and Paper Products.

These records must be kept as part of the City’s
documentation of its compliance with 14 CCR Section
18993.3.
i. If non-Recycled-Content Paper Products and/or nonRecycled-Content Printing and Writing Paper are provided, include a description of why Recycled-Content Paper Products and/or Recycled-Content Printing and
Writing Paper were not purchased.

5.6.2 Collect and collate copies of invoices or receipts or documentation evidencing procurement from all
departments and divisions procuring Recovered Organic
Waste Products and invoices or similar records from
vendors/contractors/others procuring Recovered Organic
Waste Products on behalf of the City to develop evidence of the City meeting its Annual Recovered Organic Waste
Product Procurement Target. These records must be kept
as part of the City’s documentation of its compliance with 14 CCR Section 18993.1.

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PREFERABLE PURCHASING
POLICY (“EPPP”)
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5.6.3 Collect, collate, and maintain documentation submitted by the City’s Direct Service Providers, and/or vendors,
including the information reported to the Recordkeeping Designee.

5.6.4 As required, compile data and report on the City’s direct procurement, and vendor/other procurement on behalf of
the City, of Recovered Organic Waste Products, RecycledContent Paper Products, and Recycled-Content Printing and Writing Paper, consistent with the requirements for Recycled-Content Paper Products and Recycled-Content
Printing and Writing Paper procurement.
6 PROGRAM EVALUATION
The City Manager or designee shall periodically evaluate the success of this policy’s implementation.
7 DEFINITIONS

7.1 “Bay Area Green Business Program” is a partnership of governments and businesses that certifies the environmental performance of government agencies and businesses.

7.17.2 “Bio-Based Products” means commercial or industrial products (other than food or feed) that utilize agricultural crops or residues, but does not include products made from forestry materials.

7.27.3 “Buyer” means anyone authorized to purchase or contract for purchases on behalf of City of Brentwood or its subdivisions.

7.4 “Chlorine free” means products processed without chlorine or chlorine derivatives.

7.5 “City of Brentwood” or “City” means the City of Brentwood elected officials, staff, and agencies.

7.3 “Compost” (SB 1383 Eligible) means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream of which are separated at a centralized facility or as otherwise defined in 14 CCR Section

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Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: May 9, 2023October 14,
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17896.2(a)(4).

7.6 7.47.7 “Contractor” means any person, group of persons, business, consultant, designing architect, association, partnership, corporation, supplier, vendor or other entity that has a contract with City of Brentwood or serves in a subcontracting capacity with an entity having a contract with City of Brentwood for the provision of goods or services.

7.8 “Dioxins and furans” are a group of chemical compounds that are classified as persistent, bio-accumulative, and toxic by the U.S. Environmental Protection Agency (EPA).

7.57.9 “Direct Service Provider” means a person, company, agency, contractor, or other entity that provides a service or services to the City through a contractual or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17).

7.67.10 “Energy Star” means the U.S. EPA’s energy efficiency product labeling program.

7.77.11 “Energy Efficient Product” means a product that is in the upper 25% of energy efficiency for all similar products, or that is at least 10% more efficient than the minimum level that meets State of California efficiency standards and State Title 24.

7.12 “Environmentally Preferable Products and Services” means products and services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product.

7.87.13 “Federal Energy Management Program” (FEMP) is a program of the Department of Energy that issues a series of Product Energy Efficiency Recommendations that identify recommended efficiency levels for energyusing products.

7.97.14 “Green Building Practices” means a whole-systems approach to the design, construction, and operation of buildings and structures that help mitigate the environmental, economic, and social impacts of construction, demolition, and renovation. Green Building Practices such as those described in the LEED™ Rating System, recognize the relationship between natural and built environments and seeks to minimize the use of energy, water, and other natural resources and provide a healthy productive

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: May 9, 2023October 14,
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environment.

7.107.15 “Green Seal” is an independent, non-profit environmental labeling organization. Green Seal standards for products and services meet the U.S.

EPA’s criteria for third-party certifiers. The Green Seal is a registered certification mark that may appear only on certified products.

7.117.16 “Integrated Pest Management” (IPM) is an ecosystem-based strategy that focuses on long-term prevention of pests or their damage through a combination of techniques such as biological control, habitat manipulation, modification of cultural practices, and use of resistant varieties. Pesticides are used only after monitoring indicates they are needed according to established guidelines, and treatments are made with the goal of removing only the target organism. Pest control materials are selected and applied in a manner that minimizes risks to human health, beneficial and non-target organisms, and the environment.

7.127.17 “LEED™ Rating System” means the most recent version of the Leadership in Energy and Environmental Design (LEED™) Commercial Green Building Rating System, or other related LEED ™ Rating System, approved by the U.S.

7.18 “Organic Pest Management” prohibits the use and application of toxic chemical pesticides and strives to prevent pest problems through the application of natural, organic horticultural and maintenance practices. All pest control products shall be in keeping with, but not limited to, those products on the approved list of California Certified Organic Foods (CCOF).

7.19 “Organic Waste” means solid waste containing material originated from living organisms and their metabolic waste products including, but not limited to, food, yard trimmings, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46).

Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively.

7.137.20 “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or as otherwise defined in 14 CCR Section 18982(a)(51).

7.147.21 "Post-consumer Material" means a finished material which would normally be disposed of as a solid waste, having reached its intended enduse and completed its life cycle as a consumer item, and does not include

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: May 9, 2023October 14,
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manufacturing or converting wastes.

7.157.22 “Practical” and “Practicable” mean whenever possible and compatible with local, state and federal law, without reducing safety, quality, or effectiveness and where the product or service is available at a reasonable cost in a reasonable period of time.

7.23 “Pre-consumer Material” means material or by-products generated after manufacture of a product is completed but before the product reaches the end- use consumer. Pre-consumer material does not include mill and manufacturing trim, or scrap, which is generated at a manufacturing site and commonly reused on-site in the same or another manufacturing process.

7.24 “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, reports, magazines, and publications; or as otherwise defined in 14 CCR Section 18982(a)(54).

7.25 “Procurement of Recovered Organic Waste Products” shall mean purchase or acquisition of (e.g., free delivery or free distribution from a hauler or other entity via a written agreement or contract) Organic Waste Products and end use by the City. The City’s Annual Recovered Organic Waste Product Procurement Target can be fulfilled directly by the City or by Direct Service Providers through written contracts or agreements for Procurement of Recovered Organic Waste Products at the City’s behest.

7.26 “Recordkeeping” means the system established by the City Manager or their designee used to track procurement and maintain records that includes Recovered Organic Waste Product procurement efforts by the City.

7.167.27 “Recordkeeping Designee” means the public employee appointed by the City Manager or their designee to track procurement and maintain records of Recovered Organic Waste Product procurement efforts for the City and others, as applicable.

7.28 “Recovered Material” means fragments of products or finished products of a manufacturing process, which has converted a resource into a commodity of real economic value, and includes pre-consumer and post-consumer material, but does not include excess resources of the manufacturing process.

7.29 “Recovered Organic Waste Products” means products made from California, landfill-diverted recovered Organic Waste, processed at a permitted or otherwise authorized operation or facility, or as otherwise

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: May 9, 2023October 14,
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defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an invessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12.

7.177.30 “Recyclable Product” means a product which, after its intended end use, can demonstrably be diverted from the City’s solid waste stream for use as a raw material in the manufacture of another product, and that the paper products and printing and writing paper offered or sold to the City are eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations Section 260.12 (2013).

7.31 “Recycled Content” means the percentage of Recovered Material, including pre-consumer and post-consumer materials, in a product.

7.187.32 “Recycled Content Paper Products and Recycled Content Printing and Writing Paper” means such products that consist of at least thirty percent (30%) recycled materials (or as otherwise defined by product type under the Public Contract Code), by fiber weight, post-consumer fiber, or as much as one hundred percent (100%) post-consumer fiber by fiber weight, consistent with the requirements of Sections 22150 to 22154 and Sections 12200 and 12209 of the Public Contract Code, and as amended.

7.197.33 “Recycled Content Standard” means the minimum level of recovered material and/or post-consumer material necessary for products to qualify as “recycled products.”

7.34 “Recycled ProductMaterial” means material and byproducts that have been recovered or diverted from solid waste, and have been utilized in place of raw or virgin material in manufacturing a product. It is derived from postconsumer recycled material, manufacturing waste, industrial scrap, agricultural waste, and other waste material, but does not include material or byproducts generated from, and commonly reused within, an original manufacturing process.

7.20 a product that meets City of Brentwood’s recycled content policy objectives for post-consumer and recovered material.

7.217.35 “Remanufactured Product” means any product diverted from the supply of discarded materials by refurbishing and marketing said product without substantial change to its original form.

7.227.36 “Reused Product” means any product designed to be used many times for the same or other purposes without additional processing except

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: May 9, 2023October 14,
2025
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for specific requirements such as cleaning, painting or minor repairs.

7.37 “SB 1383” means Senate Bill 1383 approved by the Governor on September 19, 2016, which establishes methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, as amended, supplemented, superseded, and replaced.

7.38 “SB 1383 Eligible Compost” means the product resulting from the controlled biological decomposition of organic solid wastes that is produced at an approved facility and in such a way that makes it eligible to meet the Annual Recovered Organic Waste Product Procurement Target, as defined by CalRecycle.

7.39 “SB 1383 Eligible Mulch” means mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7. This SB 1383 Eligible Mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1(f)(4), produced at one of the following facilities:

7.39.1 A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10).

7.39.2 A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7.

7.39.3 A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2.

7.40 “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to the Short Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.

COUNCIL/ADMINISTRATIVE POLICY
Subject:

ENVIRONMENTALLY

PREFERABLE PURCHASING
POLICY (“EPPP”)
Policy No: 10-25 Date: May 9, 2023October 14,
2025
Resolution No. 20232025-
XX57

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7.237.41 “Source Reduction” refers to products that result in a net reduction in the generation of waste compared to their previous or alternate version and includes durable, reusable and remanufactured products; products with no, or reduced, toxic constituents; and products marketed with no, or reduced, packaging.

7.42 “U.S. EPA Guidelines” means the Comprehensive Procurement Guidelines established by the U.S. Environmental Protection Agency for federal agency purchases as of May 2002, and any subsequent versions adopted.

7.43 “Vendor” means a person or company who provides goods or services. A vendor can also be referred to as a supplier or direct service provider.

7.247.44 “Virgin Material” means any material occurring in its natural form.

Virgin Material is used in the form of raw material in the manufacturing of new products.

7.257.45 “Water-Saving Products” are those that are in the upper 25% of water conservation for all similar products, or at least 10% more water conserving than the minimum level that meets the Federal standards.

CITY COUNCIL AGENDA ITEM NO. E.5
10/14/2025
SUBJECT: Second Reading of Zoning Text Amendment (RZ 24-006) to the Brentwood Municipal Code to update regulations related to drivethrough facilities DEPARTMENT: Community Development
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager
Jennifer Hagen, Senior Planner

TITLE/RECOMMENDATION
Waive the second reading of and adopt Ordinance No. 1089, approving amendments to the Brentwood Municipal Code to add development standards for drive-through facilities in Chapter 17.655 (Drive-Through Uses), including prohibition within 300 feet of Brentwood Boulevard, and updating references in all zones throughout the city related to the use.

The proposed text amendments are exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that the proposed ordinance would not authorize or facilitate new construction or other groundbreaking activities. There is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment. Any future project subject to updated zoning provisions would undergo appropriate CEQA review prior to approval.

FISCAL IMPACT
Adoption of the ordinance will not result in a fiscal impact, as staff will continue to process appropriate planning applications through designated review processes, which include the collection of fees for the cost of these processes, in accordance with the City’s Cost Allocation Plan.

BACKGROUND
On January 24, 2023, the City Council provided direction to staff to reinitiate the City’s Zoning Code Update, including a focused and phased approach, rather than the comprehensive update that was initiated in the summer of 2020. On May 23, 2023,

CITY COUNCIL AGENDA ITEM NO. E.5
10/14/2025
the project scope and budget were finalized when the City Council approved a Professional Services Agreement with De Novo Planning Group to prepare and complete the Focused Zoning Code Update and Objective Design Standards. The work plan approved by the City Council includes three main tasks to complete:

Task 1: Objective Design Standards;
Task 2: Zoning Code Updates required by State Law and the Housing Element; Task 3: Focused Zoning Code updates.

This agenda item is related to Task 3: Focused Zoning Code updates. This task includes amendments to various sections of the Zoning Code to better reflect the community's values based on feedback from the community and City Council, including changes to some permitted and conditionally permitted uses throughout the city.

On November 14, 2023, the City Council directed staff to (1) address the following uses in the Focused Zoning Code Update efforts and (2) present to the Land Use and Development Committee (LUD) an initial framework for zoning amendments related to such uses:

1. Automobile service stations/gas stations;

2. Carwashes;

3. Alcohol sales;

4. Self-storage facilities;

5. Short-term rentals; and

6. Drive-through uses.

On June 17, 2024 and July 15, 2024, staff presented LUD with information on the six topics and provided direction on each. LUD recommended that staff return to the full City Council for further direction related to alcohol sales, self-storage facilities, and drive-through uses before drafting amendments for review and approval. On September 24, 2024 and November 12, 2024, the City Council was presented with information on, and provided further direction related to, alcohol sales, self-storage facilities, and drive-through uses.

Staff has completed work related to carwashes, short-term rentals, and self-storage facilities, which were reviewed and adopted via separate ordinances by the City Council on December 10, 2024 and August 12, 2025, respectively, and continues to work on regulations related to alcohol sales and service stations, both of which will be brought forward separately in the future. Staff is now moving forward with drivethrough uses. Staff prepared a report for LUD and the City Council on the topic, which

CITY COUNCIL AGENDA ITEM NO. E.5
10/14/2025
was included as Attachment 4 to the July 22, 2025 agenda report for City Council’s reference.

PLANNING COMMISSION ACTION
The Planning Commission considered regulations related to both self-storage and drive-through facilities at a public hearing at its regular meeting of June 3, 2025. At that meeting, the Planning Commission unanimously adopted Resolution No. 25-010, recommending that the City Council approve the amendments (RZ 24-006) to the Brentwood Municipal Code to add development standards for self-storage facilities in Chapter 17.755 (Self-Storage Facilities); add development standards for drivethrough facilities in Chapter 17.655 (Drive-Through Uses); add new land use classifications for each in Section 17.030.030 (Definitions); and update references in all zones throughout the city related to the uses. The resolution was adopted subject to additional recommendations to the City Council.

CITY COUNCIL MEETING OF JULY 22, 2025
On July 22, 2025, the City Council considered the proposed amendments to the Brentwood Municipal Code related to both self-storage and drive-through facilities.

After deliberation, the City Council was in support of the self-storage facility regulations but, directed staff to return with additional amendments related to drivethrough facilities, which are discussed further below.

CITY COUNCIL MEETING OF SEPTEMBER 23, 2025
On September 23, 2025, the City Council considered the revisions to the proposed amendments to the Brentwood Municipal Code related to drive-through facilities. At the conclusion of the hearing, the City Council was in support of regulating drivethrough facilities, and voted 5-0 to introduce and waive the first reading of the proposed ordinance for RZ24-006 to add development standards for drive-through facilities in Chapter 17.655 (Drive-Through Uses), including prohibition within 300 feet of Brentwood Boulevard, and updating references in all zones throughout the city related to the use. The revised Ordinance related to drive-through facilities is included within Attachment 2.

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.5
10/14/2025

DATE OF NOTICE
The City of Brentwood published a public hearing notice in the Brentwood Press on August 29, 2025.

ENVIRONMENTAL DETERMINATION
The proposed text amendments are exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that the proposed would not authorize or facilitate new construction or other groundbreaking activities. There is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment. Any future project subject to updated zoning provisions would undergo appropriate CEQA review prior to approval.

ATTACHMENT(S)

1. Previous Action

2. Ordinance 1089

PREVIOUS ACTION
Previous City Council actions related to this agenda item 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 November 16 and 17, 2017, the City Council held workshops to discuss, deliberate, and direct staff on priorities and the allocation of financial resources for the development of a Strategic Plan initiative. The City Council directed staff to initiate a comprehensive zoning ordinance update.

On February 27, 2018, the City Council adopted Resolution No. 2018-21 to approve the FY 2018/19 and FY 2019/20 City of Brentwood Strategic Plan, including Strategic Initiative 4.1.c, preparation of a comprehensive zoning ordinance update which has been continued over the past few years into the current Strategic Plan FY 2022/23 – FY 2023/24 (Focus Area 4: Land Use Planning, Goal 1: Implement Zoning Ordinance update).

On June 9, 2020, by Resolution No. 2020-73, the City Council adopted the City’s 2020/21 – 2024/25 Capital Improvement Program (“CIP”), which included the Zoning Ordinance Update, CIP Project No. 337-37228.

On January 24, 2023, the City Council provided direction to staff on reinitiating the City’s Zoning Code Update, including a new focused and phased approach scaled down in size and focused into specific tasks.

On May 23, 2023, the City Council approved a Professional Services Agreement with De Novo Planning Group to prepare and complete the Focused Zoning Ordinance Update and Objective Design Standards.

On November 14, 2023, the City Council provided direction to staff on including updated regulations pertaining to automobile service stations/gas stations, carwashes, alcohol sales, self-storage facilities, short-term rentals, and drive-through uses as part of the Focused Zoning Code Update efforts and directed staff to present the Land Use and Development Committee with an initial framework for each of the topics prior to moving forward with comprehensive and formal amendments.

On September 24 and November 12, 2024, the City Council was presented with information on and provided further direction related to alcohol sales, self-storage facilities, and drive-through uses.

On July 22, 2025, the City Council held a duly-noticed public hearing to consider the first reading of the Ordinance approving a Zoning Text Amendment (RZ 24-006) to the Brentwood Municipal Code to update regulations related to self-storage and drive-through facilities. Following the public hearing, the City Council voted to approve the provisions

of Ordinance related to self-storage facilities and continue the amendments related to drive-through facilities to move forward separately at a later time.

On September 23, 2025, the City Council held a duly-noticed public hearing to consider the first reading of the Ordinance approving a Zoning Text Amendment (RZ 24-006) to the Brentwood Municipal Code to update regulations related to drive-through facilities.

Following the public hearing, the City Council voted to approve the provisions of Ordinance related to drive-through facilities.

ORDINANCE NO. 1089

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING A ZONING TEXT AMENDMENT TO THE
BRENTWOOD MUNICIPAL CODE (RZ 24-006) ADDING

DEVELOPMENT STANDARDS FOR DRIVE-THROUGH FACILITIES
INCLUDING PROHIBITION ALONG BRENTWOOD BOULEVARD;

AND UPDATING REFERENCES IN ALL ZONES THROUGHOUT THE

CITY RELATED TO THE USE
WHEREAS, City staff prepared a zoning text amendment that would provide regulations and development standards for drive-through facilities operating in the city (the “Ordinance”); and
WHEREAS, the Ordinance would amend Title 17 (Zoning) of the Brentwood Municipal Code; and
WHEREAS, the Brentwood Municipal Code allows drive-through facilities in certain zoning districts but does not contain standards regulating the use. Instead, applications for new drive-through facilities are considered on a case-by-case basis through the conditional use permit process; and
WHEREAS, development and performance standards for new drive-through facilities and for the expansion of existing drive-through facilities will ensure greater consistency of regulations for the use, and will mitigate against the negative impacts that could result from new and remodeled drive-through uses; and WHEREAS, the demand for drive-through sites on major arterial roadways in the city has the potential for negative effects, particularly for drive-throughs located adjacent to single-family residential neighborhoods and along major commercial corridors already impacted by high commuter traffic such as Brentwood Boulevard; and
WHEREAS, the Planning Commission reviewed the proposed amendment to the Brentwood Municipal Code, found that the proposed Ordinance is consistent with the goals and policies of the General Plan, and recommended adoption to the City Council; and
WHEREAS, on May 23, 2025, the City gave public notice of a Planning Commission public hearing to be held to consider this Ordinance by advertisement in the Brentwood Press, a newspaper of general circulation; and WHEREAS, on June 3, 2025, the Planning Commission held a duly-noticed public hearing to consider the staff report, recommendation by staff, and public testimony concerning this Ordinance. Following the public hearing, the Planning Commission approved Resolution No. 25-010 and voted to recommend that the City Council adopt the proposed Ordinance by a vote of 5-0 subject to the

recommendations of the Planning Commission to the City Council discussed at the meeting including the following changes:

Drive-Through Recommendations:

1. BMC Section 17.655.002 (F): Increase the residential setback and removing the “unless separated by a masonry wall” provision

2. BMC Section 17.655.002 (I) and (K): Change “should” to “shall”

3. BMC Section 17.655.002 (F): Make “Site Planning Guidelines” #17 (page 8 of the Commercial Industrial Design Guidelines) objective and add into BMC Section 17.655.002; and
WHEREAS, on July 22, 2025, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration by the City’s Planning Commission. After deliberation, the City Council recommended that the Ordinance be further amended to prohibit additional food- or drink-related drive-through facilities along Brentwood Boulevard; and
WHEREAS, on September 23, 2025, the City Council held a duly-noticed public hearing to consider the first reading of the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration by the City’s Planning Commission. Following the public hearing, the City Council voted to waive the first reading of and approve the provisions of Ordinance related to drive-through facilities; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES ORDAIN AS FOLLOWS:

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

SECTION 2. CEQA. Pursuant to California Environmental Quality Act (“CEQA”) Section 15061(b)(3) of the CEQA Guidelines, this project is exempt in that it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment, as the proposed Ordinance would not authorize or facilitate construction or groundbreaking activities and any future project subject to the Ordinance would undergo appropriate CEQA review prior to approval.

SECTION 3. Rezoning. Brentwood Municipal Code Section 17.870.008 provides:

No rezoning of property or text amendment shall occur which is inconsistent with the city’s community development plan. In making a decision, the planning commission and council shall consider the consistency of the proposed action to the community development plan and other applicable city plans, and shall consider whether the proposed action is inappropriate or otherwise contrary to the public interest.

The zoning text amendment set forth in Exhibit A is consistent with the General Plan because it meets Land Use Policy LU 3-9 which dictates that all commercial and other non-residential development [be] compatible with adjacent land uses, particularly residential uses. In addition, it is consistent with Land Use Policy LU 2-2 (“Development at the interface of residential land use designations with other designations shall be designed to ensure compatibility between the uses and to reduce any potential negative impacts associated with aesthetics, noise, and safety”) because it will help to protect existing residential neighborhoods from negative impacts resulting from the installation and operation of self-storage and drive-through facilities.

The City Council likewise finds that the Ordinance is appropriate and is not contrary to the public interest in that it will add clarity to and update the provisions of the Brentwood Municipal Code and update related definitions in the Zoning Ordinance. In addition, it will encourage investment in Brentwood while protecting residents and existing development.

SECTION 4. Amendment. Specified sections, or portions of sections, of Title 17 of the Brentwood Municipal Code are hereby amended, as shown in Exhibit A attached hereto and incorporated herein, as follows. Revisions to existing sections are reflected in strikethrough for deletions and underline for additions. Portions of sections not listed in the attached exhibit are not modified and remain in full force and effect.

SECTION 5. Effective Date; Publication Date. This ordinance shall be published in accordance with Government Code Section 36933. This ordinance shall take effect 30 days after its adoption. The City Clerk is directed to cause the Municipal Code text to be entered in the Brentwood Municipal Code of the City of Brentwood to be modified accordingly.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 23 rd day of September
2025 by the following vote:

AYES: Maloney, Mendoza, Oerlemans, Pierson, Mayor Meyer NOES:

ABSENT:

RECUSE:

THIS ORDINANCE was adopted with the second reading waived at a regular meeting of the City Council of the City of Brentwood on the 14th day of October 2025 by the following vote:

EXHIBIT A

17.290.003 Brentwood Boulevard specific plan.

The Brentwood Boulevard specific plan (BBSP) establishes the primary means of regulating land use and development within the BB zone. It also establishes the primary means of planning city actions and investments in support of the growth and redevelopment of Brentwood Boulevard. The regulations contained within the BBSP replace land use and development regulations previously contained within this title for applicable properties. Except for Chapter 17.655 (Drive-Through Uses), which shall prevail, iIn the instance of conflicting regulations with other municipal planning documents containing policies for land use and development in the BB zone, the BBSP and this chapter shall control. The BBSP and this chapter do not replace or augment regulations pertaining to issues of building safety codes or other nonplanning related codes. All applications for new construction, substantial modifications to existing buildings, and for changes in land use, shall be reviewed for conformance with the BBSP.

17.210.003 Conditionally permitted uses. (CO)
The following uses are permitted only on the granting of a conditional use permit pursuant to Chapter 17.830:
…
C. Funeral services, mortuary, crematorium, drug store or pharmacy associated with medical uses, drive-in or drive-thruthrough use related to a permitted use in the zone (subject to Chapter 17.655);

17.220.003 Conditionally permitted uses. (COB)
The following uses are permitted only on the granting of a conditional use permit pursuant to Chapter 17.830:
…
B. Restaurant, on-sale or off-sale liquor, laundromat, laundry or dry cleaning facility, drive-in or drive-thruthrough establishment associated with a permitted use in the zone (subject to Chapter 17.655);

17.240.003 Conditionally permitted uses. (CR)
The following uses are permitted only on the granting of a conditional use permit pursuant to Chapter 17.830:
…

B. liquor establishments, health club, reducing studio, recreational club, drive-in or drive-thruthrough establishments related to a permitted use (subject to Chapter 17.655);

17.250.003 Conditionally permitted uses. (C-1)
The following uses are permitted only on the granting of a conditional use permit pursuant to Chapter 17.830:

A. Alternative fuel station, restaurant or café restricted to sit-down facility only, on-sale or off-sale liquor establishments;
B. Convenience banking center, automatic teller machine, excluding a full service bank, drive-in or drive-thruthrough establishments relating to permitted uses in the zone, excluding a drive-in or drive-thruthrough restaurant (subject to Chapter 17.655);

17.260.003 Conditionally permitted uses. (C-2)
The following uses are permitted only on the granting of a conditional use permit pursuant to Chapter 17.830:
…
B. All drive-in, drive-thruthrough establishments (subject to Chapter 17.655), building materials, garden supply, outdoor sales or display;

17.270.003 Conditionally permitted uses. (C-3)
The following uses are permitted only on the granting of a conditional use permit pursuant to Chapter 17.830:
…
B All drive-in, drive-thruthrough establishments (subject to Chapter 17.655); …

17.455.003 Conditionally permitted uses. (PD-5)
…
B. Commercial Subarea B. The following uses are conditionally permitted in the PD-5 (planned development five), subarea B, zone and require the granting of a conditional use permit pursuant to Chapter 17.830 of this code:

…

5. All drive-through or drive-up establishments (subject to Chapter

17.655);

17.456.002 Permitted uses and conditionally permitted uses. (PD-6) …
PD-6—PERMITTED USES AND CONDITIONALLY PERMITTED USES
Uses LDR MDR HDR
Park/O.S./
Public
Facility
Regional
Commercial
P.A. 1
Office
Commercial
P.A. 7
Office
Commercial
Accessory
Uses

P P P P P C C
Alternative
Fuel Station
--- --- --- --- C1 P --- ---
Arcades,
Game
--- --- --- C C C C
Auto Service
Station
--- --- --- --- ---C1 P --- ---
Bakeries --- --- --- --- P P C
Bar, Tavern,
Cocktail
Lounge
--- --- --- --- P2 P2---
Barber and
Beauty Salon
--- --- C --- P P P
Book Stores --- --- --- --- P P P
Camera
Stores
--- --- --- --- P P P
…
Convenience,
Liquor Store
--- --- --- --- C C ---
…
Restaurants—
drive-through
--- --- --- --- C2--- ---
Notes:
1 Stand-alone alternative fueling and auto service stations are conditionally permitted; alternative fueling stations that are accessory uses to an anchor retailer as the principal use are permitted.

2 Subject to Chapter 17.655.

17.460.003 Conditionally permitted uses. (PD-10)
Upon obtaining a conditional use permit pursuant to Chapter 17.830, the following uses are permitted in the PD-10 zone:

A. Subarea A. The following uses shall be conditionally permitted within this subarea:

1. On- or Off-sale liquor establishments, recreation services such as bowling alley, skating rink and similar uses;

2. All drive-in, drive-through establishments (subject to Chapter 17.655), building materials, garden supply, outdoor sales or display; …
B. Subarea B. The following uses shall be conditionally permitted within this subarea:
…

4. All drive-in, drive-through establishments (subject to Chapter 17.655) and all on- and off-sale liquor facilities;
…
C. Subarea C. The following uses shall be conditionally permitted within this subarea:
…

2. liquor establishments, restaurants, health club, reducing studio, recreational club, drive-in or drive-through establishments related to a permitted use (subject to Chapter 17.655);
…

17.462.003 Conditionally permitted uses. (PD-12)
The following uses are conditionally permitted only on the granting of a conditional use permit pursuant to Chapter 17.830:

A. Subarea A. The following uses shall be conditionally permitted within this subarea:

1. Alternative fuel station, auto repair (tires, brakes, etc. but excluding auto body), auto rental and leasing agency, all on and off-sale liquor facilities , card and gaming room, dance hall, bowling alleys and similar

commercial recreational uses, restaurants, new and used equipment rental, hospital, truck and trailer rental, vocational or trade school;

2. All drive-in, drive-through establishments (subject to Chapter 17.655); …

17.467.002 Garin Ranch specific plan. (PD-17)
…
I. Commercial Development Regulations. The commercial zone is intended to serve the general shopping needs of the Garin Ranch community as well as the city of Brentwood and the surrounding area.

Development, including subdividing parcels, will not be allowed within the commercial zone unless a comprehensive site development plan is approved by the planning commission. This plan must include a major tenant, a day care facility, a Park-and-Ride lot and pedestrian access to the school site. …

2. Conditionally Permitted Uses:
b. All drive-in, drive-through establishments (subject to Chapter

17.655), garden supply, outdoor sales or display.
…

17.468.003 Conditionally permitted uses. (PD-18)
The following uses require special consideration and approval of a conditional use permit in accordance with Chapter 17.830:
…
Subarea B—Neighborhood Commercial.

1. Restaurant or café restricted to sit down facility only, excepting a drivethrough coffee use approved only for the east end of the building located at 390 West Country Club Drive approved with Design Review 04-37, and on and off sale liquor establishments;

2. Convenience banking center, drive-in or drive-through establishments relating to permitted uses in the zone (subject to Chapter 17.655), excluding a drive-in or drive-through restaurant;

3. Nursery, child care, day care center, meeting hall or fraternal hall, community center;

4. Those uses which are permitted in Subarea C—Office.

17.470.003 Conditionally permitted uses. (PD-20)
The following uses are permitted only on the granting of a conditional use permit pursuant to Chapter 17.830.
…
B. General Commercial.

1. Auto service station, Alternative fuel station, tire shop, repair shop, machine shop, auto seat and upholstery shop; billiard hall; bowling alleys; card room gaming; dance hall; laboratory-medical, dental, optical; meeting room-lodge fraternal hall, community facility; medical or dental office; hospital; restaurant or café, on or off-sale liquor establishments; recreation services such as bowling alley, skating rink and similar uses;

2. All drive-in, drive-thruthrough establishments (subject to Chapter

17.655), building materials, garden supply, outdoor sales or display;

3. Other uses that the zoning administrator determines, because of type of operation, material stored or sold, or other special circumstances require special consideration and regulations through the conditional use permit procedure.
…

17.486.003 Permitted and conditionally permitted uses and general development standards for subarea B (regional commercial area). (PD-36) …
B. Conditionally Permitted Uses for Subarea B.

1. Liquor stores, bars, lounges (subject to Chapter 17.695), and drivethrough restaurants (subject to Chapter 17.655); …

17.488.003 Conditionally permitted uses in subarea A. (PD-38) The following uses are permitted in subarea A of PD-38 subject to securing a conditional use permit pursuant to Chapter 17.830:
…

B. Drive-in and drive-through establishments (subject to Chapter 17.655), including alternative fuel stations, gas stations, but excluding all prohibited uses;
…

17.488.005 Conditionally permitted uses in subarea B. (PD-38) The following uses are permitted in subarea B of PD-38 subject to securing a conditional use permit pursuant to Chapter 17.830:

A. Drive-in and drive-through establishments (subject to Chapter 17.655), excluding drive-through restaurants and all prohibited uses; …

17.488.011 Conditionally permitted uses within subarea E. (PD-38) A. North of the extension of Fairview Avenue:

1. Auto rental, leasing or sales, boat and recreational vehicle sales;

2. Drive-in and drive-through establishments, excluding drive-through restaurants (subject to Chapter 17.655);
…
B. South of the extension of Fairview Avenue:

1. Drive-in and drive-through establishments, excluding drive-through restaurants (subject to Chapter 17.655);
…

17.488.013 Conditionally permitted uses within subarea F. (PD-38) A. Drive-through features (subject to Chapter 17.655);
…

17.491.003 Conditionally permitted uses. (PD-41)
A. Subarea A. The following uses shall be conditionally permitted within this subarea:
…

4. Restaurants, limited to a maximum of twenty seats, with or without drive-thruthrough facilities (subject to Chapter 17.655); …

17.492.003 Conditionally permitted uses. (PD-42)

Upon obtaining a conditional use permit pursuant to Chapter 17.830, the following uses are permitted in the PD-42 zone:
…
B. Subarea C. The following uses shall be conditionally permitted within this subarea:
…

5. Drive-up or drive-through establishments of any type or use (subject to Chapter 17.655);
…

17.497.003 Conditionally permitted uses. (PD-47)
Upon obtaining a conditional use permit pursuant to Chapter 17.830, the following uses are permitted in the PD-47 zone:

A. Subarea A. The following uses shall be conditionally permitted within this subarea:
…

3. Secondary uses could occupy up to fifteen percent of the total building square footage with no more than three thousand square feet per use.

Drive-thruthrough access to supportive services allowed with a conditional use permit only (subject to Chapter 17.655).

B. Subarea B. The following uses shall be conditionally permitted within this area:
…

3. Drive-thruthrough access to supportive services allowed with a conditional use permit only (subject to Chapter 17.655);

4. Similar uses subject to the approval of the zoning administrator. …
D. Subarea D. The following uses shall be conditionally permitted within this area.

All uses shall be conducted indoors unless otherwise noted. …

4. Drive-thruthrough access to supportive services (subject to Chapter

17.655);

5. Other uses that the zoning administrator determines because of the type of operation, material stored or sold or other special circumstance requiring special consideration and conditioning through the conditional use permit procedure.

17.499.002 Permitted and conditionally permitted uses in subarea A. (PD49) …
The following uses are permitted within subarea A subject to approval of a conditional use permit:
…
B. Drive-in or drive-thruthrough establishments related to a permitted use (subject to Chapter 17.655);
…

17.499.004 Permitted and conditionally permitted uses in subarea C. (PD49) …
The following uses are permitted within subarea C subject to approval of a conditional use permit:
…
B. A drive-in or drive-thruthrough associated with a drug store pharmacy use only (subject to Chapter 17.655);
…

17.505.008 Zoning matrix of land uses by subareas for PD-55. …
LAND USES3
Commercial Residential
Park and Water
Quality
Subarea
1 Subarea
2 Subarea
3 Subarea
6 Subarea
4 Subarea
5 Commercial Uses
… … …
Sports bar, lounge,
nightclub and similar
establishments6
C C
Liquor stores7 C C
… … …

LAND USES3
Commercial Residential
Park and Water
Quality
Subarea
1 Subarea
2 Subarea
3 Subarea
6 Subarea
4 Subarea
5 Supermarkets or grocery
(with beer, wine, and
distilled spirits sales)
P P
Convenience store with
or without beer and wine
sales (no distilled spirits;).

Limited to one store as a
permitted use in each of
the following subareas: 1
and 2. Any additional
convenience store must
apply for a conditional
use permit.10, 11
P P
Pharmacy establishments
with or without drivethrough (subject to Ch.

17.655). Limited to one
such use in each of the
following subareas: 1 and

2. Any additional drivethrough must apply for a
conditional use permit
P P
Alternative fuel stations,
Gas stations, with or
without car wash and/or
convenience store.

Limited to one such use
in one of the following
subareas: 1 or 2. Any
additional gas station
must apply for a
conditional use permit
P P
… … …
Restaurants13 (with or
without beer and wine
sales)14
P P
Restaurants with full
kitchen and bar as
P P

LAND USES3
Commercial Residential
Park and Water
Quality
Subarea
1 Subarea
2 Subarea
3 Subarea
6 Subarea
4 Subarea
5 secondary use16 (limited
to one restaurant as a
permitted use in each of
the following subareas: 1
and 2. Any additional
restaurants with
secondary bar use must
apply for a conditional
use permit)
Convenience restaurants
with or without drivethrough service.16 Limited
to one such use in each
of the following subareas:
1 and 2. Any additional
drive-through must apply
for a conditional use
permit
(subject to Ch. 17.655)
P P
… … …

17.517.002 Permitted and conditionally permitted uses and general development standards for subarea A (general commercial area). (PD-67) …
B. Conditionally Permitted Uses for Subarea A.

1. Retail stores that sell alcoholic beverages for on or off-premises consumption as a primary use;

2. Restaurants, including those which sell or serve alcoholic beverages, and provide outdoor use of designated seating areas;

3. Drive-thruthrough facilities (subject to Chapter 17.655); …

17.517.003 Permitted and conditionally permitted uses and general development standards for subarea B (general commercial area). (PD-67) …

B. Conditionally Permitted Uses for Subarea B.

1. Restaurants, including those which sell or serve alcoholic beverages, and provide outdoor use of designated seating areas;

1. Retail stores that sell alcoholic beverages for on or off-premises consumption as a primary use;

2. Drive-thruthrough facilities (subject to Chapter 17.655); …

17.517.004 Permitted and conditionally permitted uses and general development standards for subarea C (general commercial area). (PD-67) …
B. Conditionally Permitted Uses for Subarea C.

1. Gas stations; Alternative fuel stations;

2. Retail stores that sell alcoholic beverages for on or off-premises consumption as a primary use;

3. Restaurants, including those which sell or serve alcoholic beverages, and provide outdoor use of designated seating areas;

3. Drive-thruthrough facilities (subject to Chapter 17.655);

4. Tire shops, new or used car sales, and vehicular repair;

5. Outdoor sales or display;

6. Temporary and interim uses: the following uses may be temporarily permitted, upon approval of a CUP, with the individual CUP establishing the timeframe:
a. Nursery,
b. Produce market,
c. Auction gallery,
d. Flea market,
e. Craft and art fairs;

7. Churches and religious institutions and parochial or private schools;

8. Other similar uses as determined by the community development director.
…

17.517.005 Permitted and conditionally permitted uses and general development standards for subarea D (general commercial area). (PD-67) …
B. Conditionally Permitted Uses for Subarea D.

1. Retail stores that sell alcoholic beverages for on or off-premises consumption as a primary use;

2. Restaurants, including those which sell or serve alcoholic beverages, and provide outdoor use of designated seating areas;

2. Drive-thruthrough facilities (subject to Chapter 17.655);

3. Outdoor sales or display;

4. Temporary and interim uses: the following uses may be temporarily permitted, upon approval of a CUP, with the individual CUP establishing the timeframe:
a. Nursery,
b. Produce market,
c. Auction gallery,
d. Flea market,
e. Craft and art fairs;

5. Churches and religious institutions and parochial or private schools;

6. Other similar uses as determined by the community development director.

7. …
Chapter 17.655 DRIVE-THROUGH USES

17.655.001 Intent and purpose of chapter.

A. Intent. This chapter is intended to provide special development and performance standards to regulate food- and drink-related drive-through facilities to minimize the impacts on pedestrians, safety, traffic and queuing, noise, lighting, air pollution, and aesthetics associated with their use.

B. Purpose. The purpose of this chapter is to provide guidance to achieve drivethrough facilities designed to address development impacts, operational elements, site and built design elements, and safety.

17.655.002 Development standards.

The following development standards shall apply to drive-through uses:

A. Residential setback. The drive-through facility and ordering board shall be located a minimum of one hundred (100) feet from the boundary of any residential zone or PD subarea (excluding mixed-use districts), unless separated by a masonry wall.

B. Queuing analysis. An on-site queuing plan shall be provided to the City Engineer for review and approval. Traffic circulation shall be designed to ensure efficient circulation on and off the subject site. Furthermore, vehicles shall not queue onto a public street, alley, driveway, or onto adjacent properties/parcels not associated with the drive-through use without a cross access agreement.

C. Separate waiting lane. For new drive-through facilities, the drive-through lane shall be a separate lane from the circulation routes and aisles necessary for ingress to or egress from the property or access to any off-street parking spaces.

D. Vehicle stacking. Drive-through ordering board speakers shall be located to allow a minimum of four cars to queue behind the ordering vehicle to prevent vehicles from stacking in the drive aisle of the parking lot.

E. Pedestrian access and circulation. Pedestrian access shall be provided from each abutting street to the primary entrance with a continuous four (4) footwide minimum sidewalk or delineated walkway. Pedestrian walkways shall not intersect the drive-through lane when feasible, but where this cannot be avoided, the walkways shall have clear visibility and shall be delineated by textured and colored paving.

F. Ordering board. The ordering board speaker for the drive-through shall be oriented and directed to face away from adjacent residential uses.

G. Building design. All drive-through facilities shall be subject to the City of Brentwood Commercial and Industrial Design Guidelines. The drive-through facility must be architecturally compatible with any other buildings on site and with the surrounding neighborhood.

H. Location. Food- and drink-related drive-through facilities shall be prohibited within 300-feet of Brentwood Boulevard measured from the curb along Brentwood Boulevard to the drive-through building or drive-through lane, whichever is closer.

17.655.003 Performance standards.

The following performance standards shall apply to drive-through uses:

A. Noise. Noise levels from speakers shall comply with the City’s noise ordinance outlined in Chapter 9.32 (‘Noise Regulations’) of the Brentwood Municipal Code.

CITY COUNCIL AGENDA ITEM NO. E.6
10/14/2025
SUBJECT: Accept Trilogy Vineyards, LLC, Subdivision No. 8796 Off-site Sewer public improvement for maintenance
DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering
Heather Silfies, Engineering Services Specialist
Amanda Muniz, Administrative Technician

TITLE/RECOMMENDATION
Adopt a Resolution accepting a portion of Phase I public improvements (off-site sewer) for maintenance; accepting the Maintenance Bond; releasing the Improvement Securities; and requesting the City Clerk to file the Resolution with the Recorder of Contra Costa County for these improvements, constructed as a part of Trilogy Vineyards, LLC, Subdivision No. 8796.

FISCAL IMPACT
If the public improvements are accepted, the City will incur annual costs for necessary maintenance. The annual cost and funding sources for this maintenance are summarized in the table below.

Funding Source Type of Maintenance Annual Cost Estimate Wastewater Enterprise Fund Wastewater Infrastructure $1,512 Total Annual Maintenance Cost Estimate $1,512
There is sufficient 2025/26 Operating Budget available in the Wastewater Enterprise Fund for this estimated cost.

BACKGROUND
This project is located at the current terminus of Fairview Avenue and Concord Avenue, west of State Route 4 (“SR 4”), and north of Marsh Creek Road. It is being developed by Trilogy Vineyards, LLC (“Developer”) and the Vesting Tentative Map Subdivision No. 8796 was approved for 1,100 active adult units, 132 single-family executive lots, and approximately 35 acres of additional amenities on 481 acres. A small portion of the public improvements required by the project’s Conditions of Approval have been constructed and inspected for conformance with the approved improvement plans.

CITY COUNCIL AGENDA ITEM NO. E.6
10/14/2025
As part of this project, the Developer constructed sewer improvements consisting of 630 Linear Feet (LF) of 12–inch diameter Polyvinyl Chloride (PVC) pipe, 630 LF of 24–inch diameter PVC pipe, and two manholes. The Developer has provided a Maintenance Bond to cover the twelve-month warranty period for these improvements. With the improvements now installed, it is the appropriate time to accept these improvements and begin the warranty period.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation.

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Site Map

4. Acceptance Photographs

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 27, 2004, by Ordinance No. 777, the City Council approved the pre-zone for the Vineyards at Marsh Creek project.

On April 27, 2004, by Ordinance No. 778, the City Council approved the Development Agreement for the Vineyards at Marsh Creek project.

On May 9, 2006, the City Council was notified through an Informational Report of the City Manager’s approval of Final Subdivision Map No. 8796 and associated Subdivision Improvement Agreement.

On November 18, 2008, by Resolution No. 2008-262, the City Council accepted the Zone 2.3 Booster Pump Station, Zone 2.3 Reservoir and Zone 3.3 Hydropneumatic Pump Station Master Planned Water Facilities.

On December 13, 2011, by Resolution No. 2011-181, the City Council accepted the streetscape landscape improvements along a portion of Fairview Avenue.

On February 13, 2013, by Resolution No. 2013-17, the City Council accepted a portion of Phase I public improvements (Vineyards Parkway from Fairview Avenue to Sacred Mountain Lane adjacent to Clubhouse; John Muir Parkway between Fairview Avenue and Briones Valley Road; and off-site Fairview Avenue between Baldwin Drive and John Muir Parkway), excluding landscaping, golf cart pathway and Concord Avenue realignment.

On June 25, 2013, by Resolution No. 2013-86, the City Council accepted a portion of Phase II public improvements (Vineyards Parkway from Sacred Mountain Lane to Marsh Creek Road, Marsh Creek Road from southerly City limit to State Route 4 (“SR 4”) and a portion of off-site sewer along SR 4; excluding landscaping and Concord Avenue Widening).

On April 26, 2016, by Resolution No. 2016-43, the City Council accepted the golf cart path along west side of Fairview Avenue.

On April 9, 2019, by Resolution No. 2019-39, the City Council accepted Phase I intract improvements.

On November 16, 2021, by Resolution No. 2021-145, the City Council accepted Concord Avenue Widening.

On July 25, 2023, by Resolution No. 2023-92, the City Council accepted a portion of Phase I public improvements (Masonry Wall).

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD ACCEPTING A PORTION OF PHASE I PUBLIC
IMPROVEMENTS (OFF-SITE SEWER) FOR MAINTENANCE;
ACCEPTING THE MAINTENANCE BOND; RELEASING THE
IMPROVEMENT SECURITIES; AND REQUESTING THE CITY

CLERK TO FILE THIS RESOLUTION WITH THE RECORDER OF

CONTRA COSTA COUNTY FOR THESE IMPROVEMENTS,

CONSTRUCTED AS A PART OF TRILOGY VINEYARDS, LLC,
SUBDIVISION NO. 8796
WHEREAS, on April 27, 2004, by Ordinance No. 777, the City Council approved the pre-zone for the Vineyards at Marsh Creek project; and WHEREAS, on April 27, 2004, by Ordinance No. 778, the City Council approved the Development Agreement for the Vineyards at Marsh Creek project; and WHEREAS, on May 9, 2006, the City Council was notified through an Informational Report of the City Manager’s approval of Final Subdivision Map No. 8796 and associated Subdivision Improvement Agreement; and WHEREAS, on November 18, 2008, by Resolution No. 2008-262, the City Council accepted the Zone 2.3 Booster Pump Station, Zone 2.3 Reservoir and Zone

3.3 Hydropneumatic Pump Station Master Planned Water Facilities; and WHEREAS, on December 13, 2011, by Resolution No. 2011-181, the City Council accepted the streetscape landscape improvements along a portion of Fairview Avenue; and
WHEREAS, on February 13, 2013, by Resolution No. 2013-17, the City Council accepted a portion of Phase I public improvements (Vineyards Parkway from Fairview Avenue to Sacred Mountain Lane adjacent to Clubhouse; John Muir Parkway between Fairview Avenue and Briones Valley Road; and off-site Fairview Avenue between Baldwin Drive and John Muir Parkway), excluding landscaping, golf cart pathway and Concord Avenue realignment; and
WHEREAS, on June 25, 2013, by Resolution No. 2013-86, the City Council accepted a portion of Phase II public improvements (Vineyards Parkway from Sacred Mountain Lane to Marsh Creek Road, Marsh Creek Road from southerly City limit to State Route 4 (“SR4”) and a portion of off-site sewer along SR4; excluding landscaping and Concord Avenue Widening); and
WHEREAS, on April 26, 2016, by Resolution No. 2016-43, the City Council accepted the golf cart path along west side of Fairview Avenue; and

WHEREAS, on April 9, 2019, by Resolution No. 2019-39, the City Council accepted Phase 1 in-tract improvements; and
WHEREAS, on November 16, 2021, by Resolution No. 2021-145, the City Council accepted Concord Avenue Widening; and
WHEREAS, on July 25, 2023, by Resolution No. 2023-92, the City Council accepted a portion of Phase I public improvements (Masonry Wall); and WHEREAS, the required public improvements have been completed and constructed in substantial conformance with the approved improvement plans; and WHEREAS, Trilogy Vineyards, LLC, has posted a Maintenance Bond, guaranteeing materials and workmanship, for a period of one year following acceptance of improvements.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood, with respect to a portion of Phase I public improvements (Off-Site Sewer) for Subdivision No. 8796 developed by Trilogy Vineyards, LLC that:

1. The portion of Phase I public improvements (off-site sewer) for maintenance is hereby accepted.

2. The Maintenance Bond is hereby accepted.

3. The Improvement Securities will be released within sixty (60) days of the passage of this Resolution.

4. The City Clerk is hereby requested to file this Resolution with the Recorder of Contra Costa County.

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

MARSH CREEK RD

OLD MARSH CREEK RD

VINEYARDS PKWY

PIONEER SQ
Vineyards Off-site Sewer Acceptance
Subdivision No. 8796
Trilogy Vineyards, LLC
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Document Path: W:\mxd\Staff Report Maps\8796 Offsite Sewer.mxd FUTURE
9452

CITY LIMIT

LOS MEDANOS

COLLEGE

SEWER MAIN

CITY LIMIT

CITY COUNCIL AGENDA ITEM NO. G.1
10/14/2025
SUBJECT: Establishment of a Section 115 Pension Trust
DEPARTMENT: Finance and Information Systems
STAFF: Kerry Breen, Director of Finance and Information Systems

TITLE/RECOMMENDATION
Adopt resolution 1) Approving an agreement with Public Agency Retirement Services (PARS) for Section 115 Trust administrative services; 2) Approving the adoption of the Public Agency Post-Employment Benefits Trust for the purpose of prefunding pension obligations; 3) Authorizing the City Manager and the Director of Finance and Information Systems/City Treasurer or their designees to act as the City’s Plan Administrator of the Trust Program and execute the required documents; 4) Authorize the initial transfer of $8 million from the Pension/OPEB Obligation (“Budget Stabilization”) Fund; and 5) Update Council/Administrative Policy No. 10-05, Budget and Fiscal Policies
Staff recommends that the City Council approve these actions, which will allow the City to establish and begin prefunding an Internal Revenue Code Section 115 pension trust (“Pension Trust”). Establishment of the Pension Trust will decrease long-term pension costs and improve the City’s long-term fiscal sustainability.

FISCAL IMPACT
There are no costs associated with establishing the Pension Trust. Investment management and trustee fees are calculated based on a percentage of assets under management. Staff is recommending the lower cost of two available options for investment management services. Total annual fees, including trustee fees paid to US Bank, would total 0.32% of assets invested in Trust. With a recommended contribution of $8 million, this would equate to approximately $25,600 in annual costs, funded by the assets and surplus earnings of the Pension Trust.

Assets of the Pension Trust would be restricted for prefunding pensions with CalPERS (e.g. making optional additional discretionary payments) or reimbursing the City for pension expenses incurred during the current or prior fiscal year. Assets in the Pension Trust are expected to generate greater investment returns over the longer

CITY COUNCIL AGENDA ITEM NO. G.1
10/14/2025
term than would be expected by holding short term fixed income investments. While exact returns cannot be predicted, the City’s OPEB Trust experience shows significant long-term savings are achievable.

Initial funding of the Pension Trust would come from the Budget Stabilization Fund.

As such, the assets of the Pension Trust would initially be exclusively for the benefit of the General Fund. Contributions could be made from other funds in the future at the discretion of the City Council and given the availability of funds.

BACKGROUND
Section 115 Trust
In 2012, the Government Accounting Standards Board (GASB) issued Statement No. 68, requiring cities with defined benefit plans (like CalPERS) to report their unfunded pension obligations directly on the balance sheet. This liability reflects the gap between Brentwood’s pension promises and CalPERS assets available to pay them.

Until recently, the only way to reduce this liability was to send extra payments directly to CalPERS. A subsequent IRS ruling, however, confirmed that cities can also create a Section 115 Trust to prefund pensions with greater local control. This would provide the City with an alternative to sending funds to CalPERS that will allow for greater local control over assets and investment by a professional fund management team selected and monitored by the City, with future excess contributions transferred to CalPERS at the City's discretion.

The City has historically managed its unfunded pension obligations through a combination of additional discretionary payments (strategically targeted to cut the peaks from the highest projected cost years) sourced from the Budget Stabilization Fund along with a commitment of half of any annual General Fund surplus pursuant to the City Council’s Budget and Fiscal Policies.

Since July 2018, the City has contributed $28.6 million in additional discretionary payments to CalPERS, which has resulted in an estimated June 30, 2025 pension funding percentage of 85%. While this is a strong result, there is unfortunately still an unfunded pension liability of approximately $52 million to be managed.

The City has also had success using the Section 115 Trust model to manage its retiree medical (OPEB) Obligations. In 2009, the City’s Other Post-Employment Benefits Ad Hoc Subcommittee recommended and the City Council approved an OPEB Section 115 Trust (“OPEB Trust”). In 2011, the City made its initial contribution of $179,203, and fourteen years later, the OPEB Trust now holds over $35.0 million in assets. Of

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the $35.0 million in OPEB Trust, $20.8 million was contributed by the City, with the remaining $14.2 million coming from investment returns. The City’s OPEB funded percentage has increased from 0% to approximately 50% in this short window, and at current contribution levels, will be fully funded within the next fourteen years.

Building on the success of the OPEB Trust, staff is recommending creating a Pension Trust to further address the City’s unfunded pension obligations. Benefits of a Pension Trust include:
 Contributions placed in an exclusive benefit trust would help address the City’s unfunded pension obligation
 Investment flexibility with a Pension Trust as compared to restrictions on General Fund investments; allowing the City to earn greater investment returns, which results in future costs being funded from investment earnings rather than City contributions
 Oversight and control of fund selection, monitoring of performance and ability to adjust investment allocations
 Retaining flexibility during emergencies (Pension Trust assets can be used to reimburse the City for pension costs during a budget shortfall, while additional payments made directly to CalPERS cannot be retrieved)  Fiscal prudency, reduces future costs, potential for positive rating agency and investor consideration.

There are currently two main Pension Trust providers, CalPERS and PARS. With the City’s OPEB Trust contract already with CalPERS, in the pursuit of asset manager diversification, staff recommends utilizing the services of PARS for the Pension Trust program.

To date, over 300 agencies have adopted the Pension Rate Stabilization Program (PRSP) through PARS, including the nearby cities of Livermore, Dublin, Pleasanton, Oakley, Pittsburg, Rio Vista, Pleasant Hill, and San Ramon. PARS has assembled leading professionals to provide the City with the necessary services required to prefund pension liabilities through an IRS-reviewed program. The program has been established as a multiple employer trust so that public agencies, regardless of size, can join the program and receive the benefits of economies of scale with lower administrative fees and zero setup costs.

PARS has partnered with US Bank to serve as trustee and its sub-adviser, PFM Asset Management, LLC, to provide investment management services for the program. The

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City has existing relationships with both PFM Asset Management, LLC, and US Bank that would further provide for seamless integration.

Initial Funding of the Trust
Initial funding of the Trust would come from the Budget Stabilization Fund. The Budget Stabilization Fund has an available June 30, 2025 balance of $13 million. A contribution amount of $8 million is recommended by staff, leaving $5 million in the Budget Stabilization Fund to continue to provide a short to mid-term funding resource to address pension and OPEB cost increases. In this regard, the Budget Stabilization Fund and Pension Trust would work in tandem to provide the same longer-term budget stability that is currently being solely provided by the Budget Stabilization Fund.

Staff would initially invest the $8 million with a split of $4 million into the “Fixed Income” portfolio and $4 million into the “Conservative” portfolio. Staff will review the performance of the Trust with the City Council on an annual basis, and future allocation changes may be made via direction of the City Council.

With the Budget Stabilization Fund consisting solely of General Fund sourced assets, the assets of the Pension Trust would initially be exclusively for the benefit of the General Fund for ADP’s or Pension cost reimbursement. Contributions could be made from other funds in the future at the discretion of the City Council and provided the availability of funds, and PARS has confirmed the ability to establish sub accounts in the Trust to avoid comingling of funding sources.

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Ongoing Funding of the Trust and Budget and Fiscal Policy Updates Existing Council/Administrative Policy No. 10-05, Budget and Fiscal Policies, (“Policy”) section 7.1.1.1 (renumbered to 8.1.1.1 in these updates) requires that 50% of any amount in excess of the 30% General Fund Reserve Requirement be utilized to prefund pension or OPEB obligations, with the other 50% added to the Budget Stabilization Fund. As a part of tonight’s action, staff is recommending updates to the Policy, which clarify the City’s existing Pension prefunding options (Section 7.2) and the pros and cons of each: .
 Additional Discretionary Payments (ADP) – Direct payment to CalPERS, best addresses pension liabilities but comes with the least flexibility .  Pension Trust – Intermediate option, commits the funds, can earn higher rates of return, but retains budget flexibility .
 Budget Stabilization Fund – Maximum flexibility, lower returns Staff has recommended updates to Policy Section 8.1.1.1 to clarify that the City Council shall give direction regarding the allocation of the 50% unfunded obligation payment. The other 50% will continue to be allocated to the Budget Stabilization Fund. The Policy has also been updated to require City Council approval of any transfers to the Trust, along with ADPs made to CalPERS (approval was already required for Budget Stabilization Fund).

Budget and Debt Management Ad Hoc Committee
Staff and a representative of PARS met with the Budget and Debt Management Ad Hoc Committee (Councilmembers Mendoza and Oerlemans) on August 14, 2025, with staff further discussing recommended policy updates with the Ad Hoc Committee on October 1, 2025. The Budget and Debt Management Ad Hoc Committee has recommended approval of this item.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

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DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

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

1. Decline participation in a Pension Trust and the Budget and Fiscal Policies updates

2. Amend provisions of the Budget and Fiscal Policies or Pension Trust implementation plan to better match the City Council’s vision.

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

ATTACHMENT(S)

1. Previous Action

2. 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 28, 2009, the City Council directed staff to pursue an agreement with CalPERS for Other Post-Employment Benefit trust services as recommended by the OPEB Ad-Hoc Subcommittee.

On November 10, 2009, by Resolution No. 2009-218, the City Council authorized the City Manager to execute an agreement with CalPERS to allow the City to pre-fund other post-employment benefits through the CalPERS California Employer’s Retiree Benefit Trust Program and delegated authority to the City Manager and City Treasurer/Director of Finance and Information Systems to request and certify the purpose of disbursements from the Trust.

On June 24, 2025, by Resolution No. 2025-65, the City Council approved revisions to Council/Administrative Policy 10-5 (‘Budget and Fiscal Policy’).

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD (1) APROVING AN AGREEMENT WITH PUBLIC
AGENCY RETIREMENT SERVICES FOR SECTION 115 TRUST
ADMINISTRATIVE SERVICES; (2) APPROVING THE ADOPTION

OF THE PUBLIC AGENCY POST-EMPLOYMENT BENEFITS TRUST
FOR THE PURPOSE OF PREFUNDING PENSION OBLIGATIONS;
(3) AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF

FINANCE AND INFORMATION SYSTEMS/CITY TREASURER, OR
THEIR DESIGNEES, TO ACT AS THE CITY’S PLAN

ADMINISTRATOR OF THE TRUST PROGRAM AND EXECUTE THE
REQUIRED DOCUMENTS; (4) AUTHORIZING THE INITIAL
TRANSFER FROM THE PENSION/OPEB OBLIGATION FUND; AND
(5) APPROVING UPDATES TO COUNCIL/ADMINISTRATIVE
POLICY NO. 10-05 (‘BUDGET AND FISCAL POLICIES’)
WHEREAS, in 2009, the City Council approved the establishment of a Section 115 OPEB Trust; and
WHEREAS, in 2011, the City made its initial contribution of $179,203 to the City’s Section 115 OPEB Trust; and
WHEREAS, the City’s Section 115 OPEB Trust now holds over $35.0 million in assets and has seen an increased funding percentage from 0% to 50% since the initial contribution; and
WHEREAS, the City currently manages its pension liabilities through additional discretionary payments and supplemental funding from the Pension/OPEB Obligation Fund (“Budget Stabilization Fund”); and
WHEREAS, the City has contributed $28.6 million in additional discretionary payments to CalPERS over the past 7 years which have increased the City’s funded pension percentage to approximately 85%; and
WHEREAS, the establishment of a Section 115 Pension Trust would provide the City with another valuable tool to address unfunded pension liabilities, while maintaining budget flexibility to navigate economic downturns; and WHEREAS, updates to the Council/Administrative Policy No. 10-5 (‘Budget and Fiscal Policies’) are needed to incorporate the Section 115 Pension Trust into City operations; and
WHEREAS, over the longer term a Section 115 Pension Trust would be expected to earn additional income above what could be earned in the Budget Stabilization Fund; and

WHEREAS, the Budget and Debt Management Ad Hoc Committee has studied the benefits of a Section 115 Pension Trust and has recommended the actions contained within this Resolution.

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

1. Approve an agreement with Public Agency Retirement Services for Section 115 Trust administrative services in a form substantially similar to that attached to this Resolution, including any minor, non-substantive changes approved by the City Attorneys’ Office; and

2. Approve the adoption of the Public Agency Post-Employment Benefits Trust for the purpose of prefunding pension obligations; and

3. Authorize the City Manager and the Director of Finance and Information Systems/City Treasurer or their designees to act as the City’s Plan Administrator of the Trust Program and execute the required documents; and

4. Authorize the initial transfer of $8 million from the Pension/OPEB Obligation Fund and the associated budget amendment to facilitate this payment; and

5. Approve updates to Council/Administrative Policy No. 10-05 (‘Budget and Fiscal Policies’), as attached to this Resolution
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 14th day of October 2025 by the following vote:

AGREEMENT FOR ADMINISTRATIVE SERVICES
This agreement (“Agreement”) is made this _____ day of _____________, 2025, between Phase II Systems, a corporation organized and existing under the laws of the State of California, doing business as Public Agency Retirement Services and PARS (hereinafter “PARS”) and the [Agency Name] (“Agency”).

WHEREAS, the Agency has adopted the PARS Public Agencies Post-Employment Benefits Trust for the purpose of prefunding pension obligations and/or Other Post-Employment Benefits (“OPEB”) obligations (“Plan”) and is desirous of retaining PARS as Trust Administrator to the Trust, to provide administrative services.

NOW THEREFORE, the parties agree:

1. Services. PARS will provide the services pertaining to the Plan as described in the exhibit attached hereto as “Exhibit 1A” (“Services”) in a timely manner, subject to the further provisions of this Agreement.

2. Fees for Services. PARS will be compensated for performance of the Services as described in the exhibit attached hereto as “Exhibit 1B”.

3. Payment Terms. Payment for the Services will be remitted directly from Plan assets unless the Agency chooses to make payment directly to PARS. In the event that the Agency chooses to make payment directly to PARS, it shall be the responsibility of the Agency to remit payment directly to PARS based upon an invoice prepared by PARS and delivered to the Agency. If payment is not received by PARS within thirty (30) days of the invoice delivery date, the balance due shall bear interest at the rate of 1.5% per month. If payment is not received from the Agency within sixty (60) days of the invoice delivery date, payment plus accrued interest will be remitted directly from Plan assets, unless PARS has previously received written communication disputing the subject invoice that is signed by a duly authorized representative of the Agency.

4. Fees for Services Beyond Scope. Fees for services beyond those specified in this Agreement will be billed to the Agency at the rates indicated in the PARS’ standard fee schedule in effect at the time the services are provided and shall be payable as described in Section 3 of this Agreement. Before any such services are performed, PARS will provide the Agency with a detailed description of the services, terms, and applicable rates for such services. Such services, terms, and applicable rates shall be agreed upon in writing and executed by both parties.

5. Information Furnished to PARS. PARS will provide the Services contingent upon the Agency providing PARS the information specified in the exhibit attached hereto as “Exhibit 1C” (“Data”). It shall be the responsibility of the Agency to certify the accuracy, content, and completeness of the Data so that PARS may rely on such information without further audit. It shall further be the responsibility of the Agency to deliver the Data to PARS in such a manner that allows for a reasonable amount of time for the Services to be performed. Unless specified in Exhibit 1A, PARS shall be under no duty to question Data received from the Agency, to compute contributions made to the

Plan, to determine or inquire whether contributions are adequate to meet and discharge liabilities under the Plan, or to determine or inquire whether contributions made to the Plan are in compliance with the Plan or applicable law. In addition, PARS shall not be liable for nonperformance of Services to the extent such nonperformance is caused by or results from erroneous and/or late delivery of Data from the Agency. In the event that the Agency fails to provide Data in a complete, accurate and timely manner and pursuant to the specifications in Exhibit 1C, PARS reserves the right, notwithstanding the further provisions of this Agreement, to terminate this Agreement upon no less than ninety (90) days written notice to the Agency.

6. Records. Throughout the duration of this Agreement, and for a period of five (5) years after termination of this Agreement, PARS shall provide duly authorized representatives of Agency access to all records and material relating to calculation of PARS’ fees under this Agreement. Such access shall include the right to inspect, audit and reproduce such records and material and to verify reports furnished in compliance with the provisions of this Agreement. All information so obtained shall be accorded confidential treatment as provided under applicable law.

7. Confidentiality. Without the Agency’s consent, PARS shall not disclose any information relating to the Plan except to duly authorized officials of the Agency, subject to applicable law, and to parties retained by PARS to perform specific services within this Agreement. The Agency shall not disclose any information relating to the Plan to individuals not employed by the Agency without the prior written consent of PARS, except as such disclosures may be required by applicable law.

8. Independent Contractor. PARS is and at all times hereunder shall be an independent contractor. As such, neither the Agency nor any of its officers, employees or agents shall have the power to control the conduct of PARS, its officers, employees, or agents, except as specifically set forth and provided for herein. PARS shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers’ compensation, and similar matters.

9. Indemnification. PARS and Agency hereby indemnify each other and hold the other harmless, including their respective officers, directors, and employees, from any claim, loss, demand, liability, or expense, including reasonable attorneys’ fees and costs, incurred by the other as a consequence of, to the extent, PARS’ or Agency’s, as the case may be, negligent acts, errors or omissions with respect to the performance of their respective duties hereunder.

10. Compliance with Applicable Law. The Agency shall observe and comply with federal, state, and local laws in effect when this Agreement is executed, or which may come into effect during the term of this Agreement, regarding the administration of the Plan.

PARS shall observe and comply with federal, state, and local laws in effect when this Agreement is executed, or which may come into effect during the term of this Agreement, regarding Plan administrative services provided under this Agreement.

11. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event any party institutes legal proceedings to enforce or interpret this Agreement, venue and jurisdiction shall be in any state court of competent jurisdiction.

12. Force Majeure. When a party’s nonperformance hereunder was beyond the control and not due to the fault of the party not performing, a party shall be excused from performing its obligations under this Agreement during the time and to the extent that its performance is prevented by such cause. Such cause shall include, but not be limited to:
any incidence of fire, flood, acts of God or unanticipated communicable disease, acts of terrorism or war commandeering of material, products, plants or facilities by the federal, state or local government, a material act or omission by the other party or any law, ordinance, rule, guidance or recommendation by the federal, state or local government, or any agency thereof, which becomes effective after the date of this Agreement that delays or renders impractical either party’s performance under the Agreement.

13. Ownership of Reports and Documents. The originals of all letters, documents, reports, and data produced for the purposes of this Agreement shall be delivered to and become the property of the Agency. Copies may be made for PARS but shall not be furnished to others without written authorization from Agency.

14. Designees. The Plan Administrator of the Agency, or their designee, shall have the authority to act for and exercise any of the rights of the Agency as set forth in this Agreement, subsequent to and in accordance with the written authority granted by the Governing Body of the Agency, a copy of which writing shall be delivered to PARS.

Any officer of PARS, or his or her designees, shall have the authority to act for and exercise any of the rights of PARS as set forth in this Agreement.

15. Notices. All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of the notices in person or by depositing the notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
(A) To PARS: PARS; 4350 Von Karman Avenue, Suite 100, Newport Beach, CA 92660; Attention: President
(B) To Agency: [Agency]; [Agency Address]; Attention: [Plan Administrator Title] Notices shall be deemed given on the date received by the addressee.

16. Term of Agreement. This Agreement shall remain in effect for the period beginning _______________, 2025 and ending _____________, 2028 (“Term”). This Agreement may be terminated at any time by giving thirty (30) days written notice to the other party of the intent to terminate. Absent a thirty (30) day written notice to the other party of the intent to terminate, this Agreement will continue unchanged for successive twelve-month periods following the Term.

17. Amendment. This Agreement may not be amended orally, but only by a written instrument executed by the parties hereto.

18. Entire Agreement. This Agreement, including exhibits, contains the entire understanding of the parties with respect to the subject matter set forth in this Agreement.

In the event a conflict arises between the parties with respect to any term, condition or provision of this Agreement, the remaining terms, conditions, and provisions shall remain in full force and legal effect. No waiver of any term or condition of this Agreement by any party shall be construed by the other as a continuing waiver of such term or condition.

19. Attorneys Fees. In the event any action is taken by a party hereto to enforce the terms of this Agreement the prevailing party herein shall be entitled to receive its reasonable attorney’s fees.

20. Counterparts. Electronic Signatures. This Agreement may be executed in any number of counterparts, and in that event, each counterpart shall be deemed a complete original and be enforceable without reference to any other counterpart. The words “execution,” “signed,” “signature,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement, shall include digital electronic signatures (e.g., DocuSign). The use of digital electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law.

21. Headings. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions.

22. Effective Date. This Agreement shall be effective on the date first above written, and also shall be the date the Agreement is executed.

AGENCY:

BY:

Plan Administrator Name
TITLE:

DATE:

PARS:

BY:

Tod Hammeras
TITLE: Chief Financial Officer
DATE:

EXHIBIT 1A

SERVICES
PARS will provide the following services for the [Agency Name] Public Agencies PostEmployment Benefits Trust:

1. Plan Installation Services:
(A) Meeting with appropriate Agency personnel to discuss plan provisions, implementation timelines, actuarial valuation process, funding strategies, benefit communication strategies, data reporting, and submission requirements for contributions/reimbursements/distributions;
(B) Providing the necessary analysis and advisory services to finalize these elements of the Plan;
(C) Providing the documentation needed to establish the Plan to be reviewed and approved by Agency legal counsel. Resulting final Plan documentation must be approved by the Agency prior to the commencement of PARS Plan Administration Services outlined in Exhibit 1A, paragraph 2 below.

2. Plan Administration Services:
(A) Monitoring the receipt of Plan contributions made by the Agency to the trustee of the PARS Public Agencies Post-Employment Benefits Trust (“Trustee”), based upon information received from the Agency and the Trustee;
(B) Performing periodic accounting of Plan assets, reimbursements/distributions, and investment activity, based upon information received from the Agency and/or Trustee;
(C) Coordinating the processing of distribution payments pursuant to authorized direction by the Agency, and the provisions of the Plan, and, to the extent possible, based upon Agency-provided Data;
(D) Coordinating actions with the Trustee as directed by the Plan Administrator within the scope of this Agreement;
(E) Preparing and submitting a monthly report of Plan activity to the Agency, unless directed by the Agency otherwise;
(F) Preparing and submitting an annual report of Plan activity to the Agency; (G) Facilitating actuarial valuation updates and funding modifications for compliance with the applicable GASB pronouncements and/or statements, if prefunding OPEB obligations;
(H) Coordinating periodic audits of the Trust;
(I) Monitoring Plan and Trust compliance with federal and state laws.

3. PARS is not licensed to provide and does not offer tax, accounting, legal, investment or actuarial advice.

EXHIBIT 1B

FEES FOR SERVICES
PARS will be compensated for performance of Services, as described in Exhibit 1A based upon the following schedule:

An annual asset fee shall be paid from Plan assets based on the following schedule:

For Plan Assets from: Annual Rate:
$1 to $10,000,000 0.25%
$10,000,001 to $15,000,000 0.20%
$15,000,001 to $50,000,000 0.15%
$50,000,001 and above 0.10%
Annual rates are prorated and paid monthly. The annual asset fee shall be calculated by the following formula [Annual rate divided by 12 (months of the year) multiplied by the Plan asset balance at the end of the month]. Trustee and Investment Management Fees are not included.

EXHIBIT 1C

DATA REQUIREMENTS
PARS will provide the Services under this Agreement contingent upon receiving the following information. Agency is solely responsible for ensuring that all information and documentation provided to PARS is true, correct, and authorized:

1. Executed Legal Documents:
(A) Certified Resolution
(B) Adoption Agreement to the Public Agencies Post-Employment Benefits Trust (C) Trustee Investment Forms

2. Contribution – completed Contribution Transmittal Form signed by the Plan Administrator (or authorized Designee) which contains the following information:
(A) Agency name
(B) Contribution amount
(C) Contribution date
(D) Contribution method (Check, ACH, Wire)

3. Distribution – completed Payment Reimbursement/Distribution Form signed by the Plan Administrator (or authorized Designee) which contains the following information:
(A) Agency name
(B) Payment reimbursement/distribution amount
(C) Applicable statement date
(D) Copy of applicable premium, claim, statement, warrant, and/or administrative expense evidencing payment
(E) Signed certification of reimbursement/distribution from the Plan Administrator (or authorized Designee)

4. Other information pertinent to the Services as reasonably requested by PARS and Actuarial Provider.

COUNCIL/ADMINISTRATIVEPOLICY
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CITY OF BRENTWOOD
Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025October 14.
2025 Review every two years
minimum
Resolution No.
2025-65XX

1. PURPOSE
The purpose of this policy is to establish guidelines for budget development, financial reporting and budget administration and management, as well as outline the City’s fiscal policies in regard to user fee cost recovery goals, fund balance, reserves, internal service funds, pension and Oother Post-Employment Benefit funding, appropriations limitation, capital improvement, and human resource management.

2. POLICY

2.1 BUDGET DEVELOPMENT

2.1.1 Operating Budget Objectives

2.1.1.1 The budget will adhere to the City Council Goals, Objectives and Strategic Initiatives. Through its Financial Plan, the City will link resources with results by:

2.1.1.2 Identifying community needs for essential services.

2.1.1.3 Organizing the programs required to provide these essential services.

2.1.1.4 Establishing program policies and goals, which define the nature and level of program services required.

2.1.1.5 Identifying activities performed in delivering program services.

2.1.1.6 Proposing objectives for improving the delivery of program services.

2.1.1.7 Evaluating the availability of a sustainable revenue source to fund programs.

2.1.1.8 Appropriating the resources required to perform program activities and accomplish program objectives.

2.1.1.9 Using strategic planning to identify organizational priorities translated into goals and objectives.

2.1.1.9.1 Framing budgetary decisions on the basis of results and outcomes linked to the goals and objectives.

2.1.1.9.2 Using performance measures to monitor actual
results and outcomes.

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CITY OF BRENTWOOD
Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025October 14,
2025 Review every two years
minimum
Resolution No.
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2.1.1.9.3 Comparing actual and projected results and
outcomes.

2.1.1.9.4 Formally reporting the status of major program goals and objectives to the City Council on an ongoing and
consistent basis.

2.2 Objectives for Funding Public Improvements in Existing Developments, Neighborhoods and Subdivisions

2.2.1 City funding for new or improved public improvements in existing developments, neighborhoods and subdivisions shall be the financial responsibility of the adjacent or benefiting parcels. If the aforementioned improvements are desired by the property owners, then they may enter into a financing mechanism, such as assessment or benefit district that may cover the full costs of the improvements to repay the City’s costs in a timeframe and an amount that is acceptable to the City.

2.3 Two-Year Budget

2.3.1 The City Council shall adopt a two-year budget for the ensuing two fiscal years no later than June 30.

2.3.2 Prior to the first year of the two-year budget, the City Council will consider the recommended budget for the two-year period at a duly noticed public meeting. A copy of the budget will be made available at the third floor of City Hall and the City’s website.

2.3.3 Prior to the commencement of the second year of the two-year budget, the City Council will consider changes being recommended for the second year of the two-year budget at a duly noticed public meeting.

2.3.4 The City Council will adopt a resolution appropriating and approving the budget for the two fiscal years.

Benefits identified using a two-year financial plan:

2.3.4.1 Reinforcing the importance of long-range planning for managing the City’s fiscal affairs.

2.3.4.2 Concentrating on developing and budgeting for the accomplishment of significant objectives.

2.3.4.3 Establishing realistic timeframes for achieving objectives.

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Subject: Budget and Fiscal Policies
Policy No: 10-5 Date:

June 22, 2021
Review every two
minimum
Resolution No.
2021-70

CITY OF BRENTWOOD
Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025October 14,
2025 Review every two years
minimum
Resolution No.
2025-65XX

2.3.4.4 Creating a pro-active budget that provides for stable operations and assures the City’s long-term fiscal health.

2.3.4.5 Promoting more orderly spending patterns.

2.3.4.6 Reducing the amount of time and resources allocated to preparing annual budgets.

2.3.4.7 Consistency with the City Council’s two-year Strategic Planning process.

2.4 Operating Carryover
Operating program appropriations supported by a Purchase Order or Encumbrance, including Capital Equipment, may be carried over from one budget year to the next with the approval of the Director of Finance and Information Systems, or designee.

2.5 Mid-Year Budget Reviews
The City Council will formally review the City’s fiscal condition, and amend appropriations if necessary, no later than seven months after the beginning of each fiscal year.

2.6 Components of Fund Balance
Pursuant to Government Accounting Standards Board (GASB) 54, the components of Fund Balance are defined as follows:

2.6.1 Nonspendable Fund Balance (inherently nonspendable)

2.6.1.1 Portion of net resources that cannot be spent because of their form (e.g. prepaid items and long-term
receivables).

2.6.1.2 Portion of net resources that cannot be spent because they must legally or contractually remain intact (e.g.
permanent funds).

2.6.2 Restricted Fund Balance (externally enforceable limitations on use)

2.6.2.1 Limitations imposed by creditors, grantors, contributors or laws and regulations of other government agencies.

2.6.2.2 Limitations imposed by law through constitutional provisions or enabling legislation.

COUNCIL/ADMINISTRATIVEPOLICY
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Budget and
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Subject: Budget and Fiscal Policies
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Resolution No.
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CITY OF BRENTWOOD

2.6.3 Committed Fund Balance (self-imposed limitations set in place prior to the end of the period)

2.6.3.1 Limitations imposed by the City Council requiring formal action at the same level to remove.

2.6.4 Assigned Fund Balance (limitation resulting from intended use)

2.6.4.1 Intended use of funds for a specific purpose established by the City Council or City Manager.

2.6.4.2 Appropriation of existing fund balance to eliminate a projected budgetary deficit in the subsequent year’s
budget.

2.6.5 Unassigned Fund Balance (residual net resources)

2.6.5.1 Total fund balance in the general fund in excess of nonspendable, restricted, committed, and assigned fund balance (i.e. surplus).

2.6.5.2 Excess of nonspendable, restricted, and committed fund balance over total fund balance (i.e. deficit).

2.7 Balanced Budget
The City will maintain a balanced General Fund budget over the two-year period of the Financial Plan. This means that:

2.7.1 Each fiscal year, current revenues must meet or exceed operating expenditures, including debt service in the General Fund. Use of fund balance commitments to offset non-operating expenditures may allow for current expenditures to exceed current revenues in a fiscal year.

2.7.2 Staff will present a General Fund budget for City Council consideration that maintains an Unassigned Fund Balance of 30% of the annual operating appropriations and operating transfers.

2.7.3 The City will strive to maintain cash reserves in the Enterprise Funds of 30% of annual operating appropriations and operating transfers.

2.7.4 One-time revenue sources, exclusive of Pension/Other Post-Employment Benefits (OPEB) Obligation Fund transfers, are not to be utilized to budget for ongoing program expenditures in the General Fund.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025October 14,
2025 Review every two years
minimum
Resolution No.
2025-65XX

COUNCIL/ADMINISTRATIVEPOLICY
Subject:

Budget and
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Policy
No: 10-5
Date:

June 22,
2021 Re
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Resolutio
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Subject:

Budget and
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No: 10-5
Date:

June 22,
2021 Re
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Resolutio
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2021-70

Subject: Budget and Fiscal Policies
Policy No: 10-5 Date:

June 22, 2021
Review every two
minimum
Resolution No.
2021-70

CITY OF BRENTWOOD
Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025October 14,
2025 Review every two years
minimum
Resolution No.
2025-65XX

2.8 Capital Improvement Program (CIP) Budget
Pursuant to Government Code Section 66002(b), which requires that a Capital Improvement Program (CIP) be adopted at a noticed public hearing, the City Council will annually conduct a public hearing to consider the CIP and associated budget for adoption of the CIP and the associated budget for the first fiscal year expenditures and revenues, with the exception for Multi-Year projects per section

2.8.7 of this policy. Notice of the hearing shall be given pursuant to Government Code Section 65090. A copy of the budget will be made available at the third floor in the lobby of City Hall and on the City’s website.

2.8.1 CIP Purpose
The purpose of the CIP is to systematically plan, schedule and finance capital projects to ensure cost-effectiveness as well as conformance with established policies. The CIP is a five-year plan organized into the same functional groupings used for the operating programs. The intent of the CIP is to reflect a balance between: 1) capital replacement projects, which repair, replace or enhance existing facilities, equipment or infrastructure and 2) capital facility projects, which significantly expand or add to the City’s existing fixed assets.

2.8.2 Capital Project
The City’s capitalization threshold for fixed assets is $10,000, however not all capital asset purchases are included in the CIP as a capital project. For purposes of the CIP, a capital project typically involves the purchase or construction of major fixed assets such as land, buildings and any permanent improvement including additions, replacements and major alterations having a long life expectancy. Additionally, capital projects may apply to: 1) expenditures which take place over two or more years and which require continuing appropriations beyond a single fiscal year; 2) systematic acquisitions over an extended period of time or 3) scheduled replacement or maintenance of specific elements of physical assets.

2.8.3 Project Manager
Every CIP project will have a Project Manager (PM). PMs submit project proposals to the CIP Executive Committee based on perceived need and feasibility of the project, as well as projects designated as part of the City’s two-year Strategic Plan. PMs also manage approved projects by authorizing all project expenditures, ensuring that all regulations and laws are observed, and periodically reporting project status.

COUNCIL/ADMINISTRATIVEPOLICY
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Budget and
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June 22,
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Subject: Budget and Fiscal Policies
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Resolution No.
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2.8.4 CIP Executive Committee
The CIP Executive Committee, made up of the City Manager, the Director of Engineering/City Engineer and the Director of Finance and Information Systems, in consultation with PMs and Finance staff, evaluate and prioritize proposed projects based on City Council priorities, infrastructure needs and available funding. Prioritized projects are then compared to available staffing and dollars and as many projects as feasibly possible are recommended for funding, either fully or partially, with any remaining projects designated as unfunded.

2.8.5 CIP Amendment
After a CIP is adopted, there may be a need to either increase a project budget or add a new project to the CIP, prior to the next CIP budget cycle.

In these cases, a PM, upon approval from their Director, submits a staff report to City Council for consideration of approval of the CIP amendment. All CIP amendments approved by City Council will be processed by Finance and Information Systems staff.

2.8.6 CIP Project Budget Rollover
When projects are in-progress and are substantially, but not fully, complete by the end of the budgeted fiscal year, the project budget may be rolled over to the subsequent fiscal year to allow for project completion.

2.8.7 Multi-Year CIP Projects
When an approved project is designated as a Multi-Year project, the City Manager, or designee, and/or Director of Finance and Information Systems, or designee, has the authority to make CIP and operating budget adjustments, between CIP project budget years. The adjustments made shall result in no change in the total amount appropriated or funded in the CIP budget period, so long as there is adequate funding sources available.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025October 14,
2025 Review every two years
minimum
Resolution No.
2025-65XX

COUNCIL/ADMINISTRATIVEPOLICY
Subject:

Budget and
Fiscal Policies
Policy
No: 10-5
Date:

June 22,
2021 Re
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Resolutio
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Subject:

Budget and
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June 22,
2021 Re
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Resolutio
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2021-70

Subject: Budget and Fiscal Policies
Policy No: 10-5 Date:

June 22, 2021
Review every two
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Resolution No.
2021-70

CITY OF BRENTWOOD

3. FINANCIAL REPORTING AND BUDGET ADMINISTRATION

3.1 Annual Reporting
The City will prepare annual financial statements as follows:

3.1.1 The City will contract for an annual audit by a qualified independent certified public accountant. The City will strive for an auditor’s opinion that the financial statements fairly represent the financial position of the City as of the fiscal year-end and that the statements were prepared in conformity with Generally Accepted Accounting Principles (GAAP).

3.1.1.1 Statement on Auditing Standards (SAS) No. 99
(Consideration of Fraud) provides guidance to auditors
conducting an audit of an entity and specifically helps the auditors to determine if fraud exists in an organization.

SAS No. 114 (Auditor’s Communication with those
Charged with Governance) provides guidelines on
communication between the Auditors and those
charged with governance. In order to facilitate
communication of any matters the auditors feel are
significant, the auditing firm will be required to meet annually with the Mayor and Vice Mayor.

3.1.2 The City will use GAAP in preparing the annual financial statements, and will strive to meet the requirements of Government Finance Officers Association’s Award for Excellence in Financial Reporting program.

3.1.3 The City will issue audited financial statements within 180 days after yearend.

3.2 Interim Reporting
The City will prepare and issue timely interim reports on the City’s fiscal status to the City Council and staff. This includes:

3.2.1 Departmental online access to the City’s financial management system; Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025October 14,
2025 Review every two years
minimum
Resolution No.
2025-65XX

COUNCIL/ADMINISTRATIVEPOLICY
Subject:

Budget and
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Policy
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June 22,
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Budget and
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Subject: Budget and Fiscal Policies
Policy No: 10-5 Date:

June 22, 2021
Review every two
minimum
Resolution No.
2021-70

CITY OF BRENTWOOD

3.2.2 At a minimum, quarterly financial dashboards that include an update of actual revenue and expenditure compared to budget, annual financial snapshot and annual budget-in-brief reports will be provided to the City Council, staff and residents via posting on the City’s website; quarterly sales tax reports, quarterly treasury reports and monthly warrant register reports will be sent to the City Council members via e-mail;

3.2.3 Mid-year and mid-term budget reviews; and

3.2.4 Status report during budget review process.

3.3 Budget Administration

3.3.1 The City Council may, by majority vote, amend or supplement the budget at any time after its adoption. The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, has the authority to make administrative adjustments to appropriations as long as there is no funding source incompatibility and provided those changes do not increase overall appropriations or will not have an effect on year-end fund balances except as noted below in this section and section 7.1.1 of this policy.

3.3.2 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, has the authority to make budget adjustments for CIP project funding source as long as the total commitment to the project does not change. Notification shall be made to the City Council of funding source changes.

3.3.3 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to make budget adjustments associated with City Council approved Debt Issuance for 1) documentation including, but not limited to, Official Statements, Trust Agreements, and final debt service schedules and 2) transfers of loan proceeds to capital projects approved by City Council to receive associated funding.

3.3.4 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, can make budget adjustments of up to one dollar to account for rounding.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025October 14,
2025 Review every two years
minimum
Resolution No.
2025-65XX

COUNCIL/ADMINISTRATIVEPOLICY
Subject:

Budget and
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Policy
No: 10-5
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June 22,
2021 Re
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Resolutio
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Subject:

Budget and
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Policy
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June 22,
2021 Re
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Resolutio
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2021-70

Subject: Budget and Fiscal Policies
Policy No: 10-5 Date:

June 22, 2021
Review every two
minimum
Resolution No.
2021-70

CITY OF BRENTWOOD

3.3.5 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to make budget adjustments for write-offs made in accordance with Section 5.9, Uncollectible Receivables, of this Policy.

3.3.6 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to make budget adjustments to allow for the transfer of investment income earned for the funds identified below:

Transfer From Fund Name Transfer To Fund Name
Gas Tax Funds General Fund
All Capital Project Funds Project Funding Source
Pension/OPEB Obligation Fund General Fund
SB1186 Disability Access General Fund
Measure J General Fund

3.3.7 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to make budget adjustments for developer credits relating to City Council approved development agreements and neither the adjustment nor the existing budget may be utilized for any other line item within the adopted budget.

3.3.8 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to make budget adjustments associated with investment expenses related to City Council approved investment management agreements of the City’s funds.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025October 14,
2025 Review every two years
minimum
Resolution No.
2025-65XX

COUNCIL/ADMINISTRATIVEPOLICY
Subject:

Budget and
Fiscal Policies
Policy
No: 10-5
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June 22,
2021 Re
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Resolutio
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Budget and
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June 22,
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Subject: Budget and Fiscal Policies
Policy No: 10-5 Date:

June 22, 2021
Review every two
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Resolution No.
2021-70

CITY OF BRENTWOOD

3.3.9 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to make budget adjustments associated with payments for repairs of City property when the City will submit the repair costs for reimbursement through an insurance claim.

3.3.10 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to make budget adjustments associated with payments for subrogation/cost recovery fees when the City will receive reimbursement for damages to City property.

3.3.11 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to make budget adjustments associated with depreciation or the implementation and annual adherence to GASB Statement reporting requirements, where there is no resulting cash impact in any individual fund. Transfers and/or expenditures of cash resources related to GASB Statement requirements shall be incorporated in the City’s operating budget and budget adjustments for these purposes shall continue to be governed by the restrictions set forth in the Policy.

Depreciation will be recorded on a straight-line basis over the useful lives of capital assets, as follows:

Land Improvements 20-65 years
Buildings and Structures 50 years
Machinery and Equipment 3-20 years
Vehicles 4-12 years
Infrastructure 65 years
Intangible Assets 40-65 years

3.3.12 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to make budget adjustments for unexpected legal costs when those costs are incurred in pursuit of additional revenues and are reimbursed by a third party. Budget adjustments under this section shall be limited to the amount reimbursed to the City by a third party.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025October 14,
2025 Review every two years
minimum
Resolution No.
2025-65XX

COUNCIL/ADMINISTRATIVEPOLICY
Subject:

Budget and
Fiscal Policies
Policy
No: 10-5
Date:

June 22,
2021 Re
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Resolutio
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Subject:

Budget and
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Policy
No: 10-5
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June 22,
2021 Re
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Resolutio
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Subject: Budget and Fiscal Policies
Policy No: 10-5 Date:

June 22, 2021
Review every two
minimum
Resolution No.
2021-70

CITY OF BRENTWOOD

3.3.13 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to make budget adjustments for City Council approved acceptance of assets in existing Landscape and Lighting Assessment Districts. The budget adjustment amount shall be limited to the maintenance cost identified in the City Council action accepting the assets.

3.3.14 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to make budget adjustments between budget years, for grants awarded to the City when the grant term extends beyond the fiscal year the grant is awarded. The adjustments made will not exceed the total amount of the grant award.

3.3.15 When requesting an amendment to the budget, the fiscal impact must include the following information:

3.3.15.1 The total cost of the amendment and basis for the cost estimate.

3.3.15.2 Whether the cost is “one-time” or recurring.

3.3.15.3 Whether or not funds may be transferred from another source and if so, what effect the transfer would have on that source.

3.3.15.4 Whether or not the purchase or contract will later require additional resources and if so, how much and
describe/outline how it will be funded.

3.3.15.5 A summary of any revenue offsets that are expected due to the amendment and when they will be received.

3.3.15.6 Whether there will be a future reduction of costs and if so, how long it will take to recover the initial cost.

3.3.16 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to make budget adjustments, between budget years, for amounts approved for two-year strategic initiative expenditures. This authority includes adjustments to strategic initiative operating budgets and amendments to strategic initiative CIP budgets. The adjustments made will result in no change in the total amount appropriated in the two-year budget period, so long as there is an adequate funding source available.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025October 14,
2025 Review every two years
minimum
Resolution No.
2025-65XX

COUNCIL/ADMINISTRATIVEPOLICY
Subject:

Budget and
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Policy
No: 10-5
Date:

June 22,
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Resolutio
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Budget and
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June 22,
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Resolutio
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Subject: Budget and Fiscal Policies
Policy No: 10-5 Date:

June 22, 2021
Review every two
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Resolution No.
2021-70

CITY OF BRENTWOOD

3.3.17 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to make budget adjustments for any transfer calculated pursuant to the requirements of Section 78.1.1 of this policy.

3.3.18 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to make budget adjustments for any expenditure to pay down unfunded pension and/or retiree medical benefit obligations required pursuant to Section 78.1.1.1 of this policy.

3.3.19 Department Expenditures

3.3.19.1 The legal level of budgetary control is established at the fund level and adopted on a basis consistent with
accounting principles generally accepted in the United
States of America.

3.3.19.2 All budget transfers require the approval of the Director of Finance and Information Systems, or
designee, except those affecting personnel
expenditures which must be approved by the City
Manager, or designee.

3.3.19.3 Budget transfers required to hire additional permanent personnel require the City Council’s approval.

4. BUDGET MANAGEMENT

4.1 Diversified and Stable Base
The City will seek to maintain a diversified and stable revenue base to protect it from short-term fluctuations in any one revenue source.

4.2 Long-Range Focus
The City Council will emphasize and facilitate long-range financial planning through the development of a two-year budget, a five-year capital improvement plan and a ten-year general fund fiscal model.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025October 14,
2025 Review every two years
minimum
Resolution No.
2025-65XX

COUNCIL/ADMINISTRATIVEPOLICY
Subject:

Budget and
Fiscal Policies
Policy
No: 10-5
Date:

June 22,
2021 Re
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Resolutio
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Budget and
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June 22,
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Resolutio
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Subject: Budget and Fiscal Policies
Policy No: 10-5 Date:

June 22, 2021
Review every two
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Resolution No.
2021-70

CITY OF BRENTWOOD

4.3 Interfund Loans
Interfund loans are defined as the lending of cash from one City fund to another for a specific purpose with a requirement of repayment. The practice of interfund loans is a recognized and necessary aspect of municipal finance. Such loans are typically short-term in nature and constitute the allocation of resources between individual funds for working capital purposes.

City Council approval is required for interfund loans except for: short-term working capital loans; interfund loans for working capital for City Council approved reimbursable grants and projects; and other temporary timing differences in cash flows.

Interfund loans shall not be used to solve ongoing structural budget issues or hinder the accomplishment of any function or project for which the lending fund was established.

4.3.1 Long-term loans must be approved by the City Council. City Council approval will incorporate the approval of the terms of the loan including:

4.3.1.1 Purpose of the interfund loan.

4.3.1.2 Identification of the source fund, including:
 A review of multi-year plans for use of source fund cash.  An analysis of legal or contractual restrictions, if any.

4.3.1.3 Repayment of long-term loans, including:
 Specific repayment schedule.
 Source and feasibility of repayment funding stream.

5. USER FEE COST RECOVERY GOALS

5.1 Ongoing Review
Fees will be reviewed and updated on an ongoing basis to ensure that they keep pace with changes in the cost-of-living as well as change in methods or levels of service delivery.

5.2 User Fee and Utility Rates Cost Recovery
It is the intent of the City to collect user fees and/or utility rates for services provided to the public, where applicable.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025October 14,
2025 Review every two years
minimum
Resolution No.
2025-65XX

COUNCIL/ADMINISTRATIVEPOLICY
Subject:

Budget and
Fiscal Policies
Policy
No: 10-5
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June 22,
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Resolutio
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Budget and
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June 22,
2021 Re
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Resolutio
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2021-70

Subject: Budget and Fiscal Policies
Policy No: 10-5 Date:

June 22, 2021
Review every two
minimum
Resolution No.
2021-70

CITY OF BRENTWOOD

5.3 Annual Review
All fees and rates will be reviewed and updated annually to ensure that they keep pace with the cost of providing service. Staff will report on projected program subsidies, if any, provided by the General Fund as a part of the budget development and reporting process.

Annually, the City Council will consider the updated Cost Allocation Plan and Schedule of City Fees to be adopted at a noticed public hearing. A copy of the Cost Allocation Plan and Schedule of City Fees will be made available at the third floor in the lobby of City Hall and on the City’s website.

5.4 Development Fees Review Program
The following cost-recovery policies apply to the Development Fees Review Program. Services provided under this category include:

5.4.1 Planning (planned development permits, tentative tract and parcel maps, re-zonings, general plan amendments, variances, use permits, etc.).

5.4.2 Engineering (public improvement plan checks, inspections, subdivision requirements encroachments, etc.).

5.4.3 Building (enforcement of California building, electrical, plumbing and mechanical codes and other codes, laws and ordinances).

5.4.4 Cost recovery for these services should generally be very high. In most instances, the City’s cost recovery goal should be 100%. Exceptions to this standard include appeals, where the fee is set very low to provide adequate opportunity for due process.

5.4.5 The City will clearly establish and articulate standards for reviewing developer applications to ensure that there is “value for cost.”

5.5 Other User Fees

5.5.1 City Clerk (Agenda mailings, Public Record Requests, Municipal & Zoning Code Supplements, Manuals and other documents, certifications, etc.).

5.5.2 Police (DUI recovery costs, fingerprinting, arrest report copies, etc.).

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

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5.5.3 Other (Graffiti removal, copying costs, cost for documents published by the City, costs for damaged property, or other costs reasonably anticipated to be covered by user fees).

5.6 Utility Fees and Rates
Water, Solid Waste and WastewaterEnterprises: The City will set utility fees and rates in a process that complies with Article XIIID, Section 6 of the California Constitution, enacted by Proposition 218. Proposed rate and fee changes will be subject to the public hearing and protest requirements of Proposition 218. Revenues derived from fees or charges shall not exceed the cost to provide service; shall not be used for any purpose other than that for which it is imposed; and the amount of a fee or charge upon a parcel shall not exceed the proportional cost of the service attributable to the parcel.

5.7 Assessment District Administration
The City Council, through the Landscaping and Lighting act of 1972, has approved the formation of assessment districts 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. Generally, developers construct these public improvements as conditions of approval for their permits for new housing or commercial/industrial developments. The ongoing operation, maintenance and servicing of these improvements are then financed through assessment districts.

The assessment districts ensure that the ongoing costs of maintaining the improvements are paid for by those property owners who directly benefit from the improvements. In 1998, a Citywide assessment district for park maintenance was also created via a vote of the residents of Brentwood.

Although the annual maximum levy amounts for each assessment district are authorized by an annual Engineer’s Report, the City Manager, in consultation with the City Attorney, has the authority to reduce levy amounts in circumstances where he/she has determined that the current year’s levy and the benefit received by a parcel are not proportional. Typically, an adjustment of this nature would occur during the development phase, subsequent to the approval of a subdivision map and prior to the commencement of construction. In the event the City Manager, in consultation with the City Attorney, determines a levy reduction is warranted subsequent to the release of the tax roll by the County Assessor’s Office, the City Manager shall have the authority to refund any resulting assessment overpayments.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025October 14,
2025 Review every two years
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5.8 Parks and Recreation Programs and Facility Rentals
The following cost recovery policies apply to the City’s recreation programs. The Director of Parks and Recreation approves recreation programs based upon cost recovery goals throughout the year.

For purposes of this section of the policy, the following four definitions apply:

Resident – an individual whose primary residence is within the City limits of Brentwood.

Non-resident – an individual whose primary residence is outside the City limits of Brentwood.

Commercial – when use of the facility is for profit or sale with the proceeds to benefit an individual or organization.

Non-profit – when use of the facility is by a non-profit organization as determined by the Internal Revenue Service and/or State of California with at least 60% of its membership made up of Brentwood residents, and the purpose of the use is to raise funds for community, charitable, or education projects within Brentwood or that benefit Brentwood residents.

5.8.1 Cost recovery - Recreation Programs:

5.8.1.1 Cost recovery for youth programs – Brentwood residents, direct cost plus 10% of Department overhead.

5.8.1.2 Cost recovery for adult programs – Brentwood residents, goal of 75% recovery of direct cost plus 75% of Department overhead.

5.8.1.3 Cost recovery for senior programs – goal of 75% recovery of direct costs.

5.8.1.4 All programs that are above the recommended cost recovery rate will continue a goal of 100% cost recovery.

5.8.1.5 Non-resident Aquatic and City run youth program fees are set 10% above the resident fee.

5.8.1.6 All non-resident rates excluding section 5.8.1.5 above are set at direct cost plus 50% of Department overhead.

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5.8.1.7 Programs that do not have a non-resident rate:
 Recreation swim
 Lap swim
 Contracted on-line computer courses
 Senior Programs
 Fees set by an outside agency
 City programs funded through the Economic Development Grant Program
 City programs for active adults 50+
 Cosponsored City / Liberty Union High School District Adult Education programs
 Teen Programs

5.8.1.8 Free Community Programs and Events
Designated by City Council to benefit the community as a whole.

Examples include:
 4th of July Parade
 Boat Box Derby
 Concerts in the Park
 Christmas tree lighting
 Juneteenth
 Junior Giants
 Milestone celebrations for cityhood (i.e. 75th Anniversary in 2024)  Movies in the park
 Park and facility grand openings
 Senior Game Days
 Veterans Celebrations
 Other programs and events as directed by City Council

5.8.2 The following categories describe how rates are set for facility rentals (excluding group picnic facility rentals):

5.8.2.1 Resident – this category is the base price used for a facility and is set based on the market price for like facilities.

5.8.2.2 Non-Resident – the price for non-residents is 10% above the resident rate.

5.8.2.3 Commercial – the price for commercial use is 30% above the resident rate and is intended to recover most if not all costs as the event is usually intended to be a profit making endeavor.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025October 14,
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5.8.2.4 Non-profit – the price for non-profits is 30% below the resident rate as the purpose is to allow use by local non-profits who normally use facilities to raise money to go back into the community.

5.8.3 The following categories describe how rates are set for group picnic facility rentals:

5.8.3.1 Resident – this category is the base price used for group picnic facility rentals and is set based on the market price for like rentals.

5.8.3.2 Non-Resident – the price for non-residents is 30% above the resident rate and is intended to recover most if not all costs.

5.8.3.3 Commercial – the price for commercial use is 30% above the resident rate and is intended to recover most if not all costs as the event is usually intended to be a profit making endeavor.

5.8.3.4 Non-profit – the price for non-profits is 30% below the resident rate as the purpose is to allow use by local non-profits who normally use facilities to raise money to go back into the community.

5.9 Uncollectible Receivables
It is the intent of the City to reflect the value of its receivables and ensure that resources are used efficiently and not devoted to recovery of uncollectible receivables. The timely identification of losses is an essential element in appropriately measuring the value of the City’s assets. The write-off process is a critical component in valuing receivables. The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, have the authority to write-off uncollectible receivables not to exceed $5,000 per transaction and not to exceed $50,000 in the aggregate for any individual debtor. Any uncollectible account exceeding $5,000 per transaction or $50,000 in the aggregate for any individual debtor will require the City Council’s approval.

5.10 Minimum Refund Threshold for Overpayments
It is the intent of the City to ensure that resources are used efficiently. The cost to process a refund check exceeds $25.00. Therefore, refunds of overpayments shall not be issued for amounts less than $25.00.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025October 14,
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6. APPROPRIATIONSLIMITATION

6.1 The City Council will annually adopt a resolution establishing the City’s appropriations limit calculated in accordance with Article XIIIB of the Constitution of the State of California, Section 7900 of the State of California Government Code, and any other voter approved amendments or state legislation that affect the City’s appropriations limit

6.2 The supporting documentation used in calculating the City’s appropriations limit and projected appropriations subject to the limit will be available from the City Clerk at least 15 days before consideration of a resolution to adopt an appropriations limit. The City Council will generally consider this resolution in connection with final approval of the budget.

6.3 The City will actively support legislation or initiatives sponsored or approved by the League of California Cities which would modify Article XIIIB of the Constitution in a manner which would allow the City to retain projected tax revenues resulting from growth in the local economy for use as determined by the City Council.

6.4 The City shall seek a vote of the public to amend its appropriation limit at such time that tax proceeds are in excess of allowable limits.

7. OTHER POST-EMPLOYMENT BENEFIT (OPEB) AND PENSION FUNDING

7.1 OPEB Trust – The City provides certain post-retirement health care benefits to employees. The City has established an Internal Revenue Code (IRC) Section 115 Retiree Benefit Trust to help mitigate the financial impacts of the associated unfunded liability and to establish a long-term plan for funding of these benefits. The City will make annual contributions to the OPEB trust in amounts equal to at least 85% of the annual actuarial determined contribution, or a substantially equivalent financial metric as calculated by the City’s actuary. Once the City’s OPEB trust has reached an 85% funded ratio, the City will maintain funding at a level percentage of payroll until it attains a funded ratio of 100%. All City funds whichthat have unfunded OPEB obligations will proportionately contribute to the trust. Funds contained in the trust may only be used to satisfy retiree medical obligations.

7.2 Pension – The City provides certain pension benefits to employees. In addition to funding 100% of the annual required contributions as determined by CalPERS, the City has established the following three strategic options for addressing unfunded pension obligations:

7.1.17.2.1 Additional Discretionary Payment (ADP) – the City has historically contributed additional funds above the annual required contributions to CalPERS.

ADPs allow the City to directly reduce its unfunded obligation. ADPs are funded by contributions from the Pension/Other Post-Employment Benefits Obligation Fund through the Operating Budget (with corresponding fair share contributions from other Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

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City funds) and from year-end surplus amounts as defined in Section

8.1.1.1 of this policy. While ADPs are the most direct way to address the City’s unfunded pension liability, they are also the least flexible for the budget. Contributions, once made to CalPERS, are not refundable. The City has established an Internal Revenue Code (IRC) Section 115 Trust (“Pension Trust”) and ADPs may also be made directly from the Pension Trust with City Council appropriation.

7.1.1 Pension Trust – The City has established a Pension Trust to help mitigate the financial impacts of the unfunded Pension liabilities and to establish a long-term plan for funding Pension benefits. The City initially funded the Pension Trust utilizing funds from the Pension/Other Post-Employment Benefits Obligation Fund, which were originally sourced from the General Fund. Unless other funds contribute proportionately in the future, the trust’s assets are restricted to offsetting General Fund obligations. Future contributions to the Pension Trust will be made in accordance with Section

8.1.1.1 of this policy or through the City Council appropriation process.

Funds contained in the Pension Trust may only be used to make ADPs to CalPERS or to reimburse the City for eligible pension costs with City Council appropriation. The Pension Trust offers a level of budget flexibility greater than ADPs.

7.1.2 Pension/Other Post-Employment Benefits Obligation Fund – as described in more detail in Section 8.3, the City utilizes this fund to accumulate resources whichthat can be utilized to offset rising pension and retiree medical costs over the intermediate-term. All fund balances in the fund were sourced from the General Fund. Unlike ADPs and the Pension Trust, these funds are retained by the City. While the majority of funds intended to address unfunded pension and OPEB liabilities are better held in trusts or directly in CalPERS, it is the City’s intention to maintain this Fund for intermediate-term budget flexibility purposes. This Fund offers greater budget flexibility than the Pension Trust or ADP contribution strategies.

7.3 Contributions to the City’s Pension Trust and ADP contributions require authorization from the City Council via the appropriation process, via resolution, or pursuant to Section 8.1.1.1 below.

8. FUND BALANCE RESERVES, REPLACEMENT FUNDS AND INTERNAL SERVICE FUNDS

8.1 Minimum Fund Balances/Reserves
Staff will present a General Fund budget for City Council consideration that Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

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maintains an Unassigned Fund Balance of 30% of annual operating appropriations and operating transfers. The City will strive to maintain cash reserves in the Enterprise Funds of 30% of annual operating appropriations and operating transfers.

This is considered the minimum level necessary to maintain the City’s credit worthiness and to adequately provide for contingencies for unseen operating or capital needs or cash flow requirements.

8.1.1 At the close of each fiscal year, General Fund savings over and above the minimum Fund Balance required in Section 78.1 of this policy, will be transferred to the Pension/OPEB Obligation Fund and then allocated as follows:

8.1.1.1 50% of the amount identified in Section 78.1.1 of this Policy will be used to pay down the City’s unfunded pension and/or retiree medical benefit obligations and 50% will be held for future budget stabilization needs. The Director of Finance and Information Systems City Council shall determine the method of distribution of any amounts used to pay down the City’s unfunded pension and/or retiree medical obligations.

8.1.1.2 If the City’s pension and retiree medical obligations are 100% funded as of the most recent actuarial report, any amount identified in Section 78.1.1 of this will be held for future budget stabilization needs.

8.1.1.3 During the period of a declared emergency from the City’s Director of Emergency Services, staff will seek the City Council’s approval prior to using the amount identified in Section 78.1.1 of this Policy to pay down the City’s unfunded pension and/or retiree medical benefit obligation under the provisions in section 78.1.1.2.

8.1.2 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, shall designate in Fund Balance any unspent General Fund Strategic Initiative budgeted amount at the end of the first year of the two-year Strategic Plan period. The fund balance designation is limited to the current two-year Strategic Plan period unspent budget.

8.1.3 The City Manager, or designee, and/or Director of Finance and Information Systems, or designee, shall designate in Fund Balance any unspent General Fund Strategic Initiative budgeted amount at the end of the current two-year Strategic Plan period. The fund balance designation amount shall be limited to the subsequent two-year General Fund Strategic Initiative total costs.

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78.2 Replacement Funds
Replacement Funds shall provide for the accumulation of resources and associated expenditures for the maintenance and/or replacement of assets. Replacement funds shall be accumulated such that the amount available in any given Replacement Fund will be sufficient to meet the maintenance and/or replacement requirements of the assets assigned to that fund based on maintenance and replacement schedules developed utilizing the useful life of the assets and the estimated cost of repair or replacement including a factor for inflation. For facilities replacement, once the debt service requirements for construction of a facility have ended, an evaluation will be made of the amount to be set aside as a component of the replacement financing plan for the facility at the end of its useful life. Fund balances and required contributions to the Replacement Funds from other Funds will be reviewed during the two-year budget preparation process to ensure that the Funds have adequate resources to meet the maintenance and replacement requirements of the assets.

78.3 Pension/Other Post-Employment Benefits (OPEB) Obligation Fund The Pension/OPEB Obligation Fund is an intermediate-term funding source to be used to help offset the rising cost of OPEB as a part of a long-term pre-funding strategy of retiree medical benefits. In addition, this fund shall be used to help offset the rising costs of pension expenses and paying the unfunded liability on a cost reimbursement basis. Interest earnings may be credited to the General Fund.

78.4 Vehicle and Equipment Replacement Fund
The City will maintain a Vehicle and Equipment Replacement Fund to provide for the timely replacement of vehicles and capital equipment with an individual replacement cost of $10,000 or more or as determined by the Director of Finance and Information Systems, or designee. Sales of surplus equipment will be credited to the Vehicle and Equipment Replacement Fund.

78.5 Information Systems Replacement Fund
The City will maintain an Information Systems Replacement Fund to provide for the timely replacement of technology assets.

78.6 Facilities Replacement Fund
The City will maintain a Facilities Replacement Fund to provide a funding source for major repair or replacement costs of existing facilities.

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July 1, 2025October 14,
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78.7 Tuition Fund
The City will maintain a Tuition Fund to provide a funding source for employees to continue their education in order to either maintain or improve knowledge, skills and professional growth in their current position.

78.8 Insurance Fund
The City will maintain an Insurance Fund to provide a funding source for insurance costs. This fund may be used to pay unforeseen expenses due to legal matters or lawsuits.

78.9 Facilities Maintenance Services Fund
The City will maintain a Facilities Maintenance Services Fund to provide for the custodial and maintenance needs of the City’s buildings. The annual contribution for this fund will generally be based on square footage and service cost.

78.10 Fleet Maintenance Services Fund
The City will maintain a Fleet Maintenance Services Fund to provide for the ongoing maintenance of all City vehicles and equipment, with the exception of Police. The annual contribution for this fund will generally be based on type of vehicle or equipment.

78.11 Information Systems Fund
The City will maintain an Information Systems Fund to provide for the development and coordination of the City’s information systems needs. The annual contribution for this fund will generally be based on the type of information systems equipment utilized by each department or fund.

78.12 Parks and LLAD Replacement Fund
The City will maintain a Parks and Landscape and Lighting Assessment Districts (LLAD) Replacement Fund to provide a funding source for the repair and replacement needs related to landscaping, equipment and facilities in the Citywide Parks and LLADs. The annual contribution for this fund will be based on the City Council adopted annual Engineers Report.

8. OTHER POST-EMPLOYMENT BENEFIT (OPEB) FUNDING

8.1 The City provides certain post-retirement health care benefits to employees. To address the unfunded actuarial accrued liability for these benefits, the City will make Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

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annual contributions to the OPEB trust in amounts equal to at least 85% of the annual actuarial determined contribution, or a substantially equivalent financial metric as calculated by the City’s actuary. Once the City’s OPEB trust has reached an 85% funded ratio, the City will maintain funding at a level percentage of payroll until it attains a funded ratio of 100%.

9. HUMAN RESOURCE MANAGEMENT

9.1 Regular Staffing

9.1.1 The budget will fully appropriate the resources needed for authorized regular staffing and will limit programs to the regular staffing authorized.

9.1.2 Regular employees will be the core work force and the preferred means of staffing of ongoing, year-round program activities that should be performed by regular part-time or full-time City employees rather than independent contractors. The City will strive to provide competitive compensation and benefit schedules for its authorized regular work force. Each regular employee will:

9.1.1.19.1.2.1 Fill an authorized regular position.

9.1.1.29.1.2.2 Be assigned to an appropriate bargaining unit, or otherwise designated with at-will status.

9.1.1.39.1.2.3 Receive salary and benefits consistent with labor agreements or other compensation plans.

9.1.29.1.3 To manage the growth of the regular work force and overall staffing costs, the City will follow these procedures:

9.1.2.19.1.3.1 The City Council will authorize all regular positions.

9.1.2.29.1.3.2 Adjustments to employee allocations will only be made in conjunction with the first or second year of the two-year budget process unless recommended by the Director of
Human Resources, or designee and authorized by the Director of Finance and Information Systems, or designee.

9.1.2.39.1.3.3 The Human Resources Department will coordinate and oversee the hiring of all regular and limited service employees.

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CITY OF BRENTWOOD

9.1.3.4 All requests for additional regular positions will include evaluations of:

9.1.3.4.1 The necessity, term and expected results of the proposed activity.

9.1.3.4.2 Staffing and materials costs including salary, benefits, equipment, uniform, clerical support and
facilities.

9.1.3.4.3 The ability of private industry to provide the proposed service.

9.1.3.4.4 Additional revenues or cost savings, which may be realized.

9.1.3.4.5 The availability of a sustainable revenue source to fund the additional personnel costs.

9.1.4 Periodically, and before any request for additional regular positions, programs will be evaluated to determine if they can be accomplished with fewer regular employees.

Subject: Budget and Fiscal Policies Policy No: 10-5 Date:

July 1, 2025October 14,
2025 Review every two years
minimum
Resolution No.
2025-65XX

CITY COUNCIL AGENDA ITEM NO. G.2
10/14/2025
SUBJECT: Wastewater Treatment Plant Expansion Project Update and Direction
DEPARTMENT: Public Works
STAFF: Casey Wichert, Director of Public Works
Vatsal Patel, Engineering Manager
Mark Huber, Wastewater Operations Manager

TITLE/RECOMMENDATION
Receive an update on the Wastewater Treatment Plant (WWTP) Expansion – Phase II, CIP Project #592-59140 (“Project”) and provide staff direction needed to complete the Project.

FISCAL IMPACT
There are no direct fiscal impacts associated with this update, but if Council direction follows staff’s recommendations, the Wastewater (WW) Enterprise will be impacted.

Staff is recommending the following contract amendments to be brought for Council consideration at a future meeting:

1. $1.5M contract amendment with Overaa for change order work and directives.

2. $2.5M contract amendment with Misco for biosolids dryer and pyrolysis equipment changes and tariff costs.

3. $0.65M contract amendment with Waterworks for engineering design changes.

The Project budget has $7.82M of unallocated funding remaining, consisting of WW Enterprise funding and State Revolving Fund (SRF) loan funding. If Council directs staff to move forward with bringing back the above mentioned contract amendments, staff will determine the appropriate balance of funding for the completion of the project and will bring forward an amended CIP project budget for Council’s consideration, if needed.

Tonight, staff is also seeking Council direction to bring back a bond reimbursement resolution. Approximately $33.3M in funding is needed to complete the current process improvements, and the installation and construction of the biosolids drying and pyrolysis equipment. The majority of this cost would be sourced from a new Wastewater Bond, however, the WW Enterprise would also be required to contribute

CITY COUNCIL AGENDA ITEM NO. G.2
10/14/2025
from its existing cash balance. Staff anticipates approximately $27M of the funding would come from the new bond. However, the exact split of the cost between bond and existing cash would be determined closer to the bond issuance date to best adapt to current interest rates, updated cost estimates and cash availability.

Using interest rates as of late July 2025 and assuming $27M in bond proceeds, annual debt service on the new bond would be approximately $1.7M. $500,000 of the annual debt service is expected to be off-set by annual operating and maintenance (O&M) cost savings realized by installing the new biosolids equipment. The remaining $1.2M in annual debt service will result in the need for a wastewater rate increase during the next 5-year utility rate study with new rates beginning in FY 28/29. Staff anticipates an average annual wastewater rate increase of 4.75%, rather than a typical 3% inflationary increase, would be required in the next rate study. This additional 1.75% annual increase equates to a $1.11 average monthly increase for residential accounts in each year of the 5-year rate study (i.e. $5.55 total 5-year increase by FY 32/33) for the average wastewater customer.

BACKGROUND
The purpose of this Project is to increase the treatment capacity of the WWTP from

5.0 million gallons per day (mgd) to 6.4 mgd to support the buildout of the City. This Project also enables compliance with Senate Bill (SB) 1383 requirements related to the disposal of treated sewage sludge and residuals (biosolids).

In FY 2014/15, the Project was created with an initial budget of $28M. In 2020, staff secured a low-interest State Revolving Fund (SRF) loan for $65M (including $4M in principal forgiveness) and completed the engineering design for the Project.

Construction began in 2020, however, supply chain issues related to the Covid-19 pandemic, design complications, and inflation caused delays and complications resulting in significant cost increases. The current Project budget is $123.6M, which includes proposed additional funding of $27M from bond financing and additional WW Enterprise contribution. The chart below illustrates how the Project budget has changed over time.

CITY COUNCIL AGENDA ITEM NO. G.2
10/14/2025
Construction of the current improvements is over 90% complete and remaining tasks include a new 21kV PG&E service connection and conducting start-up and commissioning activities for new equipment. Additionally, staff is finalizing negotiations with Overaa for additional change orders, which will total approximately $1.5M. Once these tasks are complete, the current phase of the Project may be closed out.

Biosolids and Pyrolysis Equipment & SB 1383 Compliance
The final phase of the Project work is to install the biosolids drying and pyrolysis equipment (Equipment) necessary for compliance with requirements set forth by SB 1383. An equipment purchase contract was signed in February 2023. Engineering design work for the supporting infrastructure began later that year. Installation of the biosolids drying and pyrolysis equipment was planned to be completed as part of a larger Solid Waste (SW) Organics project. Inclusion of the Equipment into the SW Organics project would have provided eligibility for approximately $21M in tax credits; however, the SW Organics project became infeasible due to the final cost estimate reaching $160M. Because of the SW Organics project not moving forward, additional design work was required to relocate and integrate the Equipment into the existing WWTP process.

Staff Recommendation
Contract Amendments and Design Services
Staff recommends Council direct staff to bring the contract amendments necessary for design changes, contract change orders, equipment changes and potential tariff $0
$20,000,000
$40,000,000
$60,000,000
$80,000,000
$100,000,000
$120,000,000
$140,000,000
14/15 15/16 16/17 17/18 18/19 19/20 20/21 21/22 22/23 23/24 24/25 25/26 Fiscal Year
WWTP Expansion Phase II Project Budget

CITY COUNCIL AGENDA ITEM NO. G.2
10/14/2025
costs to integrate the Equipment into the existing WWTP process to the Council for consideration at a future meeting.

Estimated $28.6M Equipment Installation Contract
The Equipment installation costs are estimated to be $28.6M (including a 10% contingency) for which the budget is currently authorized, but is unfunded. This would be funded via a combination of a new WW bond and current cash on hand.

Bond sizing is currently estimated at $27M but will be sized appropriately to best meet the financing needs of the City just prior to issuance. Issuance would likely occur in early summer 2026.

The anticipated $27M bond would require an annual debt service of $1.7M, with approximately $500k covered by expected annual operations and maintenance (O&M) savings. The remaining $1.2M of annual debt service would be covered by wastewater utility rate increases during the next 5-year rate study beginning in FY 28/29. Staff estimates a 4.75% annual rate increase would be necessary (instead of a typical 3% rate increase) to cover the additional debt service.

Alternative Options
Staff identified and explored the following alternative options to comply with SB 1383:
1) Installing a digester to facilitate land application of biosolids ($40M cost + $1M per year O&M);
2) Hauling liquid sludge to another agency for digestion and land application (+10,000 semi-truck trips per year + over $5M per year in trucking costs); 3) Hauling to out of state landfills ($2M+/year plus risks associated with Environmental Protection Agency 504 regulations and Per and Polyfluoroalkyl Substances (“PFAS”) regulations); or
4) Pivot to alternative technologies (thermal dryers and gasification systems).

Staff does not recommend the above options considering the City has already purchased the pyrolysis system, potential impacts to the environment and roadways, traffic, infeasibility, and high O&M costs.

CITY COUNCIL AGENDA ITEM NO. G.2
10/14/2025
Next Steps
As WWTP Expansion construction proceeds, staff is finalizing construction plans, specifications, and bid documents with bidding anticipated this November for installation of the pyrolysis system. Pending City Council direction, staff would also work on preparing the contracts and contract amendments necessary to incorporate the Equipment into the WWTP process and return with an amended CIP project budget for consideration.

CITY COUNCIL STRATEGIC INITIATIVE
FY 2020/21 – FY 2021-22. Focus Area 1: Infrastructure, Goal 2 – Water, Wastewater and Solid Waste Services: Provide safe and sustainable water, wastewater and solid waste services for the build-out of the City of Brentwood (“City”) per the City’s General Plan (a) Secure funding and start construction of the Wastewater Treatment Plant Expansion.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not applicable at this stage. Environmental review of the Project is underway and an environmental review document prepared pursuant to the California Environmental Quality Act will be presented to the City Council prior to the time that the City irrevocably commits to undertaking the Project.

ALTERNATIVE OPTION(S)
As discussed above, alternative options to the staff recommendation include:

1. Installing a digester ($40M + $1M/yr O&M) to facilitate land application of biosolids

2. Hauling liquid sludge to another agency for digestion and land application (10,000+ semi-trucks/yr, >$5M/yr trucking costs)

3. Hauling biosolids to out of state landfills ($2M+/yr plus risks associated with EPA 504 and PFAS regulations)

4. Selecting alternative technologies (thermal dryers or gasification systems)

CITY COUNCIL AGENDA ITEM NO. G.2
10/14/2025

ATTACHMENT(S)

1. Previous Action

2. Presentation

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

On July 11, 2017, by Resolution No. 2017-102, the City Council approved and authorized the City Manager to take certain actions regarding: 1) a financing agreement with the State of California pertaining to certain recycled water infrastructure projects, and 2) the repayment of moneys owed the State of California for the financing of certain recycled water and wastewater infrastructure projects.

On October 24, 2017, by Resolution No. 2017-133, the City Council approved and authorized the City Manager to execute an Agreement for Construction Management Services with The Covello Group in a not-to-exceed amount of $1,022,577, which included a 10% contingency, for the Municipal Service Center, CIP Project No. 337- 37206; Non-Potable Storage Facility, CIP Project No. 592-59198; and Wastewater Treatment Plant Expansion – Phase II, CIP Project No. 592-59140.

On November 12, 2019, by Resolution No. 2019-123, the City Council approved and authorized the City Manager to execute a Financing Agreement and related documentation with the State of California regarding the Wastewater Treatment Plant Expansion, CIP Project No. 592-59140; designated the City Manager to serve as the City’s authorized representative in carrying out the City’s responsibilities under the Financing Agreement; and authorized the City’s Finance and Information Systems’ Director to amend the Wastewater Treatment Plant Expansion – Phase II, CIP Project No. 592-59140, and the 2019/20 – 2023/24 Capital Improvement Program budget to increase it due to anticipated higher project costs.

On November 12, 2019, by Resolution No. 2019-124, the City Council approved a resolution regarding the reimbursement of moneys provided by the State of California for the Wastewater Treatment Plant Expansion, CIP Project No. 592-59140; and repealing Resolution No. 2016-147.

On January 25, 2016, by Resolution No. 2016-05, the City Council adopted a resolution the reimbursement of moneys provided by the State of California for Water and Wastewater Infrastructure Projects.

On October 26, 2016, by Resolution No. 2016-147, the City Council adopted a resolution required for securing State Revolving Fund funding for the Wastewater Treatment Plant Expansion – Phase II, CIP Project No. 59259140; authorizing the City Manager or designee to take certain actions regarding the reimbursement of moneys provided by the State of California for water and wastewater infrastructure projects; and repealing Resolution No. 2016-05.