Agenda packet, first session — Brentwood City Council, February 24, 2026 (part 1 of 2)

FEBRUARY 24, 2026, 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:
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

February 24, 2026, 7:00 p.m.

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

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

During this portion of the meeting those present in the Council Chambers are permitted to speak on items that are listed under 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.

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

F. CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by one motion. If discussion is required, that particular item will be removed from the consent calendar and will be considered separately.

F.1 Meeting Minutes of the City Council
Special City Council Meeting Minutes of February 10, 2026, 6:00 p.m.

City Council / Successor Agency Meeting Minutes of February 10, 2026 Special City Council Meeting Minutes of February 10, 2026, 8:00 p.m.

F.2 Proclamation recognizing March 2026 as Afghan American Heritage Month F.3 Proclamation recognizing March 2026 as American Red Cross Month F.4 Proclamation recognizing March 2026 as Developmental Disabilities Awareness Month/All Abilities Month
F.5 Proclamation recognizing March 2026 as Prescription Drug Abuse Awareness Month F.6 Proclamation recognizing March 2026 as Women's History Month F.7 Consideration of Recommendations and Appointments of Commissioners to the Arts Commission
Title/Recommendation
That the City Council consider appointments to fill two vacancies on the Arts Commission, one for appointment to a three-year term expiring on December 31, 2028, and one to a one-year term expiring on December 31, 2026.

F.8 Consideration of Recommendations and Appointments to the Park and Recreation Commission.

Title/Recommendation
That the City Council consider appointments to fill two new Park and Recreation Commissioners, one for appointment to a three-year term expiring on December 31, 2028, and one to a one-year term expiring on December 31, 2026.

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

G.1 Introduce and waive the first reading of an ordinance approving a zoning text amendment to Brentwood Municipal Code Section 17.715 in compliance with recent changes to state legislation
Title/Recommendation
Introduce and waive the first reading of an ordinance approving a zoning text amendment (RZ 25-004) to amend Section 17.715 of the Brentwood Municipal Code for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), in compliance with recent changes to state legislation.

Adoption of the ordinance, which would modify the City’s regulatory requirements to be consistent with Article 2 and 3 of Chapter 13, Division 1, Title 7 of the California Government Code is statutorily exempt from the California Environmental Quality Act (CEQA) under Public Resources Code Section 21080.17. Additionally, the ordinance is exempt from CEQA pursuant to Public Resources Code Section 21065, and CEQA Guidelines Sections 15060(c)(2), 15378, and 15061(b)(3) as it can be seen with certainty that there is no possibility that it may have a significant effect on the environment in that the ordinance merely incorporates and implements state statutory provisions governing ADUs and JADUs that are already permitted by state law regardless of the adoption of the local ordinance
H. BUSINESS ITEMS
Persons addressing the City Council using Zoom are asked to raise their hands using the Zoom feature. Those attending in person and wishing to address the Council may do so from the podium. The Council may adopt reasonable regulations at the onset of each business item to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the item shall follow the protocol for Public Comments. Public comment on each of the following items is limited to what is described in the specific agenda item.

H.1 Adopt a Resolution Approving the Municipal Pooling Authority Amended and Restated Joint Exercise of Powers Agreement amongst the City of Brentwood and other public agency members
Title/Recommendation
A Resolution approving the Municipal Pooling Authority Amended and Restated Joint Exercise of Powers Agreement amongst the City of Brentwood and other public agency members.

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H.2 Adopt a Resolution Appointing Thomas Lloyd Smith of Redwood Public Law as Interim City Attorney and Authorizing the Mayor to execute an agreement between the City of Brentwood and Redwood Public Law
Title/Recommendation
A Resolution Appointing Thomas Lloyd Smith of Redwood Public Law as Interim City Attorney and Authorizing the Mayor to execute an agreement between the City of Brentwood and Redwood Public Law.

Staff recommends this proposed action to ensure the City of Brentwood has dedicated internal legal services.

H.3 Sale of City-Owned Property Located at Harvest Park Drive and Guthrie Lane Title/Recommendation
Adopt a resolution approving and authorizing the City Manager, or designee, to execute an Agreement for Purchase and Sale of real property 2485 Technology Drive, LLC, or related entity, in substantial conformance with the attached agreement, for City-owned property located at Harvest Park Drive and Guthrie Lane (APN 010-150-040), and authorizing execution of other documents as necessary to complete the transaction.

H.4 Focused Zoning Code Update Direction: Alcohol Sales Title/Recommendation
Provide direction to staff on potential new regulations within the framework of the Focused Zoning Code Update related to the sale of alcohol for on-premise consumption.

Title/Recommendation
Provide direction to staff on potential new regulations within the framework of the Focused Zoning Code Update related to the sale of alcohol for on-premise consumption.

H.5 2026 Community Day of Service and Amendment to the 2025/26 General Fund Operating Budget
Title/Recommendation
Staff recommends formally adopting the Community Day of Service as the City of Brentwood - Community Day of Service by:
appointing Mayor Susannah Meyer as a liaison to work with Parks and Recreation staff and community members on the 2026 event,

1. amending the 2025/2026 General Fund Operating Budget in the amount not to exceed $3,000, and

2. 3. annually funding the event from the General Fund Budget.

H.6 Informational Report on Brentwood Traffic Operations and Status Reports on Valley Green Drive and Lone Oak Road Updates
Title/Recommendation
Receive an Informational Report on Brentwood Traffic Operations and a status report regarding resident-reported vehicle cut-through and safety traffic concerns on Valley Green Drive and Lone Oak Road.

I. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Members wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for the next Council meeting
J. REQUESTED FUTURE AGENDA ITEM(S)
J.1 Consider a Request from Council Member Mendoza Regarding Autonomous Vehicles Title/Recommendation
That the City Council consider and discuss Council Member Mendoza’s request to gauge City Council interest in autonomous vehicles before staff advances related work.

K. ADJOURNMENT

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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 are 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 February 20, 2026, 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

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1 SPECIAL CITY COUNCIL MINUTES
February 10, 2026, 6:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Meyer called the meeting to order at 6:03 p.m.

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

Vice Mayor Pierson participated remotely via Zoom as a reasonable accommodation pursuant to Government Code section 54953(c).

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

C. PUBLIC COMMENTS
Mayor Meyer moved Public Comments until after the Applicant Questions for Item D.1 have concluded.

D. BUSINESS ITEMS
D.1 Interview and consider selection of applicants, and, by motion, make appointments to the Planning Commission
The City Clerk spoke to the appointment process.

The City Council interviewed Jamie Tobin, Toheed Asghar, Mark Anderson and Gerald Johnson, and considered the application of Dr.

Anita Roberts.

Mayor Meyer opened public comments.

Rod Flohr provided comments in support of reappointing Dr. Anita Roberts to the Planning Commission.

Sinziana Todor provided comments in support of appointing Mark Anderson and reappointing Dr. Anita Roberts to the Planning Commission.

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

Mayor Meyer requested, and the Council provided, each of the Council Members top three candidates ranked from first to last.

Mayor Meyer recommended appointing Dr. Anita Roberts and Gerald Johnson as Planning Commissioners for a term of 2 years.

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2 Moved by: Susannah Meyer, Mayor
The City Council, by motion, appointed Dr. Anita Roberts to the Planning Commission for a two-year term that expires on December 31, 2027.

Roll Call Vote:

Ayes (3): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, and Faye Maloney, Council Member
Noes (2): Pa'tanisha Pierson, Vice Mayor, and Tony Oerlemans, Council Member
Motion Approved (3 to 2)
Moved by: Susannah Meyer, Mayor
The City Council, by motion, appointed Gerald Johnson to the Planning Commission for a two-year term that expires on December 31, 2027.

Roll Call Vote:

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
E. ADJOURNMENT
Moved by: Faye Maloney, Council Member
Seconded by: Jovita Mendoza, Council Member
The City Council, by motion, adjourned the meeting at 7:07 p.m.

Roll Call Vote:

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

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1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
February 10, 2026, 7:00 p.m.

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

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

Vice Mayor Pierson participated remotely via Zoom as a reasonable accommodation pursuant to Government Code section 54953(c).

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

C. PRESENTATIONS
C.1 DoorDash Delivery Robots
Allen Baquilar, Director of Engineering, and Henry Greenidge, Senior Policy Advisor, Autonomy & Robotics presented the item.

D. PUBLIC COMMENTS
Mayor Meyer opened public comments.

Rachel Lei and Jaydon Spears provided comments on behalf of the Heritage Speech and Debate Team.

Rich Ramirez, Christina Webster, Paul Ramirez, Becky Ramirez Alcantar, Jena Ramirez, Francis Falt, Rudy Ramirez, Mary Ramirez, Wes Nicholson, Bridget Doherty, Franklin Sterling, Robert A., Jane, Danny Dohrmann, Justin Feldman, Sinziana Todor, Sarah, Maria Dominguez, Stephanie Williams Rogers provided comments regarding the Brentwood Police Department's interaction with Yolanda Ramirez on September 26, 2025.

Sinziana Todor and Marisol Valles provided comments in opposition to bringing DoorDash Delivery Robots to Brentwood.

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

Council recessed at 8:45 p.m. and reconvened at 8:55 p.m.

E. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Council Member Oerlemans reported on attendance at a meeting with the Brentwood Veterans, Contra Costa County Fire Protection District and Interim

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2 Assistant City Manager, Kerry Breen; meeting with City Manager, G. Harold Duffey; Police Activities League Board Meeting; Tri-Delta Transit Board Meeting; Agenda Review Meeting; meeting with Interim Police Chief, Walter O'Grodnick; and toured of Antioch's Desalinization Plant with Interim Assistant City Manager, Kerry Breen and Director of Public Works, Casey Wichert.

Council Member Maloney reported on attendance at a meeting at County Supervisor, Diane Burgis' office with residents from District 1; met with Downtown businesses; 4th Annual Black History Month Oratorical Event; met with residents from the Highland neighborhood; and met with members of Yolanda Ramirez's family.

Vice Mayor Pierson reported on attendance at the Downtown Brentwood Coalition Crab Feed Fundraiser; met with Downtown Brentwood Coalition's Executive Director, Chris Dominguez; 4th Annual Black History Month Oratorical Event; and Memorial Service for Brentwood resident, Jon Elam.

Council Member Mendoza reported on attendance at a Zoom meeting with the Bureau of Land Management for Oil and Gas; met with Somerset residents; Dolphins Crab Feed Fundraiser; 4th Annual Black History Month Oratorical Event; a planning meeting with Women of Wisdom group from Trilogy; Mayor's Conference; Memorial Service for Brentwood resident, Jon Elam
Mayor Meyer reported on attendance at Tri-Delta Transit Board Meeting; a Point In Time ride-along with the Brentwood Police Department; meeting with the Bureau of Land Management for Oil and Gas; had an interview with the podcast, Mom's Building Community and Tomorrow's Table Talk; 4th Annual Black History Month Oratorical Event; a planning meeting with Women of Wisdom group from Trilogy; met with Harvest Time representatives and City staff; Mayor's Conference; a presentation from the food bank; Grand Opening of Namaste Plaza South Indian Market; Delta Six Quarterly Meeting; and watched the Board of Supervisors Annual Board Retreat Meeting.

City Manager, G. Harold Duffey reported on a Juneteenth Planning Meeting with Vice Mayor, Pierson and City staff; meetings with the City's Capital Improvement Project team; meeting with Rabbi Goldshmid and Interim Police Chief Walter O'Grodnick; met with Harvest Time representatives and Mayor Meyer; toured the Sand Creek Sports Complex; met with Council to present the Top Ten list of 100 potential projects for the City; held interviews for the vacant Assistant City Manager position; Public Information Team (PIT) meetings; and Delta Six Quarterly Meeting.

F. CONSENT CALENDAR
Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Vice Mayor

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3 The Council, by motion, moved to adopt the Consent Calendar as recommended by staff.

Roll Call Vote:

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
F.1 Meeting Minutes of the City Council
G. PUBLIC HEARINGS
There were no Public Hearings.

H. BUSINESS ITEMS
H.1 Award of contract to Mountain Cascade Inc. for the Municipal Services Center Pavement Rehab
Chris Ziemann, Assistant Director of Public Works presented the item.

Mayor Meyer opened public comments.

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

Moved by: Jovita Mendoza, Council Member
Seconded by: Faye Maloney, Council Member
Adopted Resolution 2026-08 approving the contract documents, awarding the bid, and authorizing the City Manager or designee to execute a contract and necessary documents for the Municipal Services Center Pavement Rehab (“Project”) with Mountain Cascade Inc. as the lowest responsible and responsive bidder in the amount of $341,860.00, plus funding authorization for a 15% contingency of $51,279.00, for a total funding authorization not-to-exceed amount of $393,139.00.

Roll Call Vote:

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.2 Informational Report on the East County Service Center Initial Study/Mitigated Negative Declaration and City Processes Director of Community Development, Alexis Morris presented the item.

Mayor Meyer opened public comments.

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4 Two written comments, in opposition of the East County Service Center, as currently proposed, from Tracy Kasamoto and Ron P. were received by the City Clerk’s office in advance of the City Council meeting.

Sue Harper, Danny Dohrmann, Tracy Kasamoto, Stephanie Williams Rogers, and Sinziana Todor provided comments in opposition of the East County Service Center as currently proposed.

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

The Council received the informational report on the release of the Initial Study/Mitigated Negative Declaration (IS/MND) for the East County Service Center project and City processes related to the project.

I. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Member Mendoza requested a Future Agenda Item to gauge the City Council’s interest in establishing a policy regarding autonomous vehicles before staff advances related work.

J. REQUESTED FUTURE AGENDA ITEM(S)
J.1 Consider a request from Mayor Meyer and Council Member Mendoza regarding content standards for the City’s website and the Better in Brentwood website pages, and the use of press releases
Council Member Mendoza and Mayor Meyer presented the item.

Mayor Meyer opened public comments.

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

Moved by: Susannah Meyer, Mayor
Seconded by: Jovita Mendoza, Council Member
The Council, by motion, directed staff to spend time and resources to explore criteria and direction for press releases and postings on the City's website and associated social media pages versus the Better in Brentwood website and associated social media pages.

Roll Call Vote:

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

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5 K. ADJOURNMENT
Moved by: Pa'tanisha Pierson, Vice Mayor
Seconded by: Tony Oerlemans, Council Member
The Council, by motion, adjourned the meeting at 10:22 p.m.

Roll Call Vote:

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

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1 SPECIAL CITY COUNCIL MINUTES
February 10, 2026, 8:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Meyer called the meeting to order at 10:23 p.m.

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

Vice Mayor Pierson joined the meeting at 10:26 p.m. and participated remotely via Zoom as a reasonable accommodation pursuant to Government Code section 54953(c).

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

C. PUBLIC COMMENTS
Mayor Meyer opened public comments.

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

D. RECESS TO CLOSED SESSION
Moved by: Jovita Mendoza, Council Member
Seconded by: Tony Oerlemans, Council Member
The Council, by motion, recessed to Closed Session at 10:25 p.m.

Roll Call Vote:

Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member Absent (1): Pa'tanisha Pierson, Vice Mayor
Motion Approved (4 to 0)
E. BUSINESS ITEMS
E.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
E.2 PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
E.3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
F. ADJOURNMENT
The Council adjourned from Closed Session at 1:05 a.m., February 11, 2026.

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PROCLAMATION
WHEREAS, the Afghan American community enriches the cultural, economic, and civic life of communities across the United States with deep traditions, family values, and contributions that strengthen the fabric of American society; and
WHEREAS, Afghan American Heritage Month provides an opportunity to celebrate the heritage, history, and cultural legacy of Afghan Americans, honoring the stories of resilience, creativity, and community that have shaped the Bay Area — from those who have long been part of our communities to newcomers seeking hope and opportunity; and WHEREAS, this observance often coincides with Nowruz, the Afghan New Year and celebration of spring, symbolizing renewal, hope, and the enduring spirit of Afghan cultural traditions that continue to flourish in families, arts, cuisine, and community life; and
WHEREAS, the City of Brentwood values the diversity of all its residents and recognizes that celebrating Afghan American Heritage Month strengthens our sense of shared identity, encourages cross-cultural understanding, and affirms our collective commitment to inclusion, respect, and opportunity for all.

NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes March 2026, as

AFGHAN AMERICAN HERITAGE MONTH
in the City of Brentwood, and invites all residents, organizations, schools, and businesses to join in honoring the rich cultural heritage and lasting contributions of Afghan Americans.

Dated this 24th day of February, 2026
Susannah Meyer, Mayor

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PROCLAMATION
WHEREAS, March is American Red Cross month, when we recognize the compassion of people in Brentwood and renew our commitment to lend a helping hand to our neighbors in need; and
WHEREAS, American Red Cross volunteers have stepped up to deliver relief and care across our country and around the world, bringing out the best of humanity in times of crisis as Clara Barton, founder of the American Red Cross, did over 140 years ago; and
WHEREAS, Contra Costa County residents donated 18,299 units of lifesaving blood; hosted 530 blood drives; and trained 12,164 citizens in first aid, CPR, AED, and aquatics; and provided 463 case services to military members and their families; and provided humanitarian aid internationally; and
WHEREAS, this work to uplift our community is made possible by those who selflessly answer the call to help, whenever and wherever it is needed.

We hereby recognize this month of March in honor of their remarkable service, and we ask everyone to join in their commitment to care for one another.

NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes March 2026, as

AMERICAN RED CROSS MONTH
in the City of Brentwood, and encourages all residents of Brentwood to reach out and support its humanitarian mission.

Dated this 24th day of February, 2026
Susannah Meyer, Mayor

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PROCLAMATION
WHEREAS, every March the nation honors Developmental Disabilities Awareness Month, a time to celebrate the vibrant contributions of individuals of all abilities and to highlight the many ways people with developmental disabilities enrich our communities with unique talents, perspectives, and strengths; and
WHEREAS, the national theme “We’re Here All Year” emphasizes that inclusion, accessibility, and opportunities for people with developmental disabilities are essential every day, inspiring us to foster welcoming, supportive, and joyful environments throughout the year; and WHEREAS, the City of Brentwood embraces diversity, affirms the value of every individual, and supports participation by people of all abilities in education, employment, recreation, and community celebration; and WHEREAS, this month invites residents, businesses, schools, and neighborhood organizations to recognize and uplift one another — sharing stories of achievement, deepening understanding, and strengthening the bonds that make our community a place where everyone can thrive.

NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes March 2026, as

DEVELOPMENTAL DISABILITIES AWARENESS /

ALL ABILITIES MONTH
in the City of Brentwood, and encourages all residents to join in celebrating the gifts, contributions, and limitless potential of people of all abilities.

Dated this 24th day of February, 2026
Susannah Meyer, Mayor

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PROCLAMATION
WHEREAS, across our nation and in communities like Brentwood, March is recognized as Prescription Drug Abuse Awareness Month, a time to celebrate awareness, promote safety, and highlight ways we can work together to nurture healthy lives; and
WHEREAS, this observance encourages positive education and community engagement around the safe use, storage, and disposal of prescription medications, while celebrating the many local and national efforts that help keep families informed and supported; and
WHEREAS, in Brentwood we embrace opportunities to strengthen connections among neighbors, caregivers, healthcare partners, educators, and youth so that our community remains informed, resilient, and vibrant; and
WHEREAS, by raising awareness and sharing trusted resources, we uplift one another — fostering a culture of care, understanding, and hope that empowers all residents to make safe choices and support each other’s wellbeing.

NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes March 2026, as

PRESCRIPTION DRUG ABUSE AWARENESS MONTH
in the City of Brentwood, and urges all residents, organizations, schools, and businesses to join in activities and outreach that build awareness, encourage safe medication practices, and promote a healthy, hopeful future for everyone.

Dated this 24th day of February, 2026

Susannah Meyer, Mayor

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PROCLAMATION
WHEREAS, March is designated each year as Women’s History Month, a time to honor the remarkable achievements and contributions of women in our community, nation, and around the world, uplifting their stories of creativity, leadership, and innovation; and
WHEREAS, the 2026 national theme, “Leading the Change: Women Shaping a Sustainable Future,” invites us to celebrate women’s vital role in building resilient communities, fostering economic opportunity, strengthening education, and caring for our planet for generations to come; and
WHEREAS, Women’s History Month also encompasses International Women’s Day on March 8, a global moment of friendship and solidarity that inspires people of all backgrounds to recognize the dignity, strength, and potential of every individual; and
WHEREAS, the City of Brentwood is proud to honor the diversity, ingenuity, and spirit of the women who contribute to our shared progress, and encourages all residents, organizations, and businesses to join in celebrating the promise and possibility that women bring to our community.

NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes March 2026, as
WOMEN’S HISTORY MONTH
in the City of Brentwood, and invites our community to join in activities celebrating women’s leadership, resilience, and service, today and every day.

Dated this 24th day of February, 2026

Susannah Meyer, Mayor

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CITY COUNCIL AGENDA ITEM NO. F.7
02/24/2026
SUBJECT: Consideration of Recommendations and Appointments of Commissioners to the Arts Commission
DEPARTMENT: Parks and Recreation
STAFF: E. Harith Aleem, Director of Parks and Recreation Thien Nguyen, Recreation Manager
Lindsay Pinell, Recreation Supervisor

TITLE/RECOMMENDATION
That the City Council consider appointments to fill two vacancies on the Arts Commission, one for appointment to a three-year term expiring on December 31, 2028, and one to a one-year term expiring on December 31, 2026.

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

BACKGROUND
The Brentwood Municipal Code provides that there will be five Arts Commissioners.

As of December 31, 2025, one Arts Commissioner’s term expired and an additional vacancy resulted from a resignation. Under Brentwood Municipal Code section

2.48.020, Arts Commissioners serve terms of three years. Staff advertised the vacancies on October 15, 2025, and three (3) applications were submitted by the December 15, 2025, deadline.

The City Council formed the Commission Interview Ad-Hoc Committee on January 13, 2026. The Committee consists of Mayor Meyer and Council Member Maloney. The Commission Interview Ad-Hoc Committee conducted three in-person interviews of candidates on February 19, 2026, in the Council Chambers. Interviews for the three candidates can be found here and included:

Kya I. Cook
Vinoy C. Mereddy
Rachel Wallace
Following the interviews and Committee deliberation, the Mayor recommends that the City Council consider the appointment of Rachel Wallace to fill a three-year term

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CITY COUNCIL AGENDA ITEM NO. F.7
02/24/2026
expiring December 31, 2028, and Kya Cook to fill a one-year term expiring December 31, 2026.

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

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

DATE OF NOTICE
Not applicable.

ENVIRONMENTAL DETERMINATION
Not applicable.

ALTERNATIVE OPTION(S)

1. Continue this item to a future meeting.

2. Do not approve one or more of the recommended candidates and consider other candidates.

3. Conduct additional interviews at a future meeting.

ATTACHMENT(S)

1. Previous Action

2. Arts Commission applications

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

On January 13, 2026, the City Council approved the 2026 City Council Committees – Local and Regional that include the 2026 Commissions Interview Ad-Hoc Committee.

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Kya I.

Oakley, CA 94561
Education
Holy Names University, Oakland, CA
May 2023
Bachelor’s degree in business administration with an emphasis in management & marketing.

Certificates
2024/06 American Safety Health Institute Pediatric First Aid CPR AED Skills
• Excellent communication skills with the ability to mediate between groups. • Team building skills with an emphasis on building bridges of collaboration and inclusion.
• Time management: Producing effective strategies to complete projects and assignments that meet deadlines in a structured environment. • Impeccable organizational skills that produce efficiency when completing projects and coordinating events.
• Information processing: Examine contributing factors then generate interventions to find possible solutions.
• Computer skills: Microsoft programs (Word, PowerPoint, Excel, Outlook, and Publisher) Canva, Adobe Animate, Quickbooks & most Google Suite
Work Experiences
Administrative Assistant
Aspiranet, Brentwood, CA
October 5, 2023 -current
• Answer phones
• Reconcile the petty cash and debit accounts
• Keep track of the budgets
• Schedule and lead safety and staff meetings every month • Submit and code vendor and reimbursement invoices

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• Generate accurate and timely database reports.
• Allocate cost from our spending
• Make inventory purchases
Cashier Bookkeeper
Monnie B’s Sweet Treats Catering, Oakley, CA
June 2022 – September 2023
• Held financial records.
• Kept accounts payable.

Front Desk Associate
Holy Names University, Oakland, CA
August 2021 – March 2023
• Answered phones to assist with any questions regarding the resident’s life. • Help check-in & organize incoming packages for students of residents’ life packages. • Delivered mail to students’ P.O. box.

Associated Students of Holy Names University
Holy Names University, Oakland, CA – Student life events coordinator August 2022 – May 2023
• Attended meetings and made decisions on important projects. • Help student representatives form events while working with campus safety. • Set up office hours to meet HNU students for assistants.

Peer Mentorship
Holy Names University, Oakland, CA
August 2020 – December 2021
• Participated in the Connections Project First-Year Experience Program engaging college freshmen in the Holy Names community.
• Provided support and guidance for college freshmen during cohort meetings and the rest of the semester.

Home Goods
Brentwood, CA — Customer Service & Back stocking
September 2018 - November 2018
• Student-based internship.
• Perform excellent customer service and assistance to heighten the retail shopping experience for customers.

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• Stocking and merchandising new products as they arrived at the store.

Community Services Experience
Rotary Club, Brentwood, CA - Interact Club
September 2017 - March 2019
• Served and prepared meals at local community centers for Senior citizens. • Aided fire victims by hosting food and clothing drives.

Iron House Elementary (Oakley School District) - Summer Lunch Program June 2017- July 2017 & June 2018- July 2018
• Coordinated and assisted in arts and crafts projects for children between the ages of four to eleven.
• Set up and monitored outdoor activities for students while providing a safe environment.
• Cleaned up art projects after the children.

Awards
• Dean’s list. 2020 – present
• Summa Cum Laude 2023
• Alumni of Tomorrow Award 2023
• Outstanding Service by a Group 2023
• Sister Francesca Award for Excellence in the Arts 2023 • HNU Alpha Delta Leadership Award. 2020 - 2023
• Freedom High School Attendance Award 2019
• Freedom High School Principal’s Honor Roll. 2014 – 2019 • Freedom High School Academic Award from the Black Student Union (BSU) 2014 - 2019 • Freedom High School Academic Pin and Academic Letter. 2016 & 2017 • National Society of High School Scholars (NSHSS) Award. 2016

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● Directed multi-team planning and execution for the annual program calendar and strategic planning cycle, improving timeline adherence by 40% and clarifying milestones, owners, and decision gates. ● Served as the primary Program liaison to Finance, HR, IT, Grants Management, and Strategic Partnerships, aligning operating cadences, KPIs, and reporting standards; ensured conflict-of-interest controls across contracts and agreements.
● Designed and facilitated monthly Program team and cross-team leadership meetings; instituted an operating rhythm that drives accountability, transparency, and continuous improvement. ● Oversaw a revised plan to measure, evaluate, and communicate organizational impact, including data capture standards and funder reporting alignment in partnership with team experts.

People leadership and culture
● Supervised and developed cross-functional staff; implemented role clarity, career pathways, and inclusive leadership practices that strengthened engagement and retention. ● Retained 100% of direct reports since joining org 2.5 years ago; improved collaboration norms and knowledge sharing across the Program Operations function.

UNIVERSITY OF CALIFORNIA, OFFICE OF THE PRESIDENT, Oakland, CA 2019 – 2023 Director, Grant Operations
Directed business and operations for a 28-member unit supporting the University of California’s $500M+ annual research portfolio. Oversaw strategic planning, policy, and compliance for multi-campus, state, and federally funded initiatives.
● Led a unit of 28 career staff, including five managers, within the Research Grants Program Office (RGPO) who carry out the business and operations functions of the department, including stakeholder and advisor relations, strategic development of research grants programs and initiatives, proposal solicitation and peer review, grant distribution and oversight, and dissemination of program results. RGPO’s programs include the UC Lab Fee Research Program (LFRP), the Multi-Campus Research Programs and Initiatives (MRPI), the Cancer Research Coordinating Committee (CRCC), and three state of California sponsored Special Research Programs in HIV/AIDS, breast cancer, climate change, and tobacco-related disease research. Directly responsible for contract negotiation and monitoring, talent management, strategic planning, operational management, policy setting and regulatory oversight. ● Oversaw an annual budget of $500+ million to support research critical to California, the nation, and the world.

Developed annual budget proposals for RGPO in conjunction with the Research and Innovation (R&I) Vice President, RGPO Executive Director, and budget staff within UCOP, Academic Affairs, and RGPO. ● Developed organizational architectures, work processes, and planned activities to streamline operations. Initiated and developed departmental policies to ensure innovative, flexible, and efficient grant administration practices. ● Owned the development and use of research analytic tools and software to track and evaluate the impact of the range of research investments. Directly managed a team of Information Technology (IT) system administrators and analysts that own the development, maintenance, and troubleshooting of business-critical software systems and databases.
● Developed and served as Principal Investigator for a first-of-its-kind partnership between Lawrence Berkeley National Laboratory (LBNL), the State of California, and the University of California Office of the President, responsible for administration and contract management of $6.5 million in research funding to support the DOE Energy-Water Desalination Hub. Collaborates with leadership from LBNL, the National Alliance for Water Innovation, the California State Water Resources Control Board, and the California Department of Water Resources to build out the five-year project, and award research grants to institutions throughout the state of California. Directly responsible for reporting, fiscal oversight, and award administration.

SANDIA NATIONAL LABORATORIES, Livermore, CA 2014 – 2019 Executive Strategy Professional, Division 8000

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● Worked directly and collaboratively with C-level and VP executive leadership team on a daily basis. Served as a consultant and advisor to California site and division leadership, recommending innovative approaches to address lab-wide issues. Drove executive leadership towards strategic, consensus-based decisions regarding the current and future state of the division and its investment resources. Served as de facto California site chief of staff in a newly created role.
● Led overall strategic planning for the California division, comprising 1,800+ employees and a $500M+ annual budget.

Managed lab-wide rollout of a five-year strategy, including the development of a multi-dimensional communications and marketing plan, while overseeing work performed by an external creative design firm. Ensured continual alignment, support, and execution against short, medium, and long-term strategic priorities, goals, and objectives by the broader lab management and workforce. Ensured knowledge and buy-in of division mission, vision, and strategic initiatives.
● Chaired the division diversity council, managing a budget of $25K and governing ten employee resource groups at the California site. Developed multi-year division strategy specific to diversity and inclusion, led teams to implement and execute against diversity and inclusion strategic priority plans, and collaborated with the highest levels of lab leadership to ensure buy in and support.
● Owned leadership team and division manager meetings, and managed a range of critical, high-level initiatives across the lab to develop and execute on strategy and mission delivery. Represented leadership while maintaining a strong pulse on lab needs. Influenced executive leadership actions and behaviors to support identified strategic priorities, including cultural change management, diversity, inclusion, and people management.

Business Development Executive, Integrated Partnerships Organization ● Developed, executed, and maintained the first national lab-led industry-funded research consortium - an innovative funding mechanism that created an R&D resource multiplier for 8+ international industry and academic partners, bringing in $2.4 million in new, recurring research funds to Sandia. Obtained partnership and buy-in from across lab divisions to execute on plan.
● Represented Sandia as the Technology Transfer Expert in the Department of Energy’s (DOE) Energy Materials Network, a suite of national lab-led consortia, leveraging more than $40 million in federal funding in FY16 and bringing together national labs, industry, academic, and crosscutting DOE programs. Built relationships and negotiated complex agreements with multiple constituent parties at all of the 17 national labs. ● Led the development and design of the Energy portfolio strategic planning process in partnership with Energy directors, senior leadership, and Business Development (BD) manager. Organized and facilitated multiple meetings with managers, senior scientists, and directors on a tight deadline to develop “program target areas” and teams to execute. Teamed with Integrated Partnerships Organization (IPO) colleagues in New Mexico to execute on strategic planning, including leading a weekly meeting for the BD organization to maintain efforts. Collaborated closely with directorate to continue developing objectives and implementation plans. ● Collaborated with Transportation Energy technical line, program management, Government Relations, Legal, Protocol, Business Offices, Communications, the broader IPO, and a network of colleagues at fellow DOE national labs to foster industry partnerships and intellectual property strategy. Created impact by developing novel pathways for Sandia to have major impact and success in R&D on behalf of the nation. ● Advised Energy directorate leadership on broad-ranging business development and technology transfer activities.

Serve in a consultant role, negotiating and resolving issues inside and outside Sandia pertaining to policies, plans, long-range goals, and objectives. Owned all technology transfer related activities and agreements from cradle to grave, including extramural non-federal entity research agreements, non-disclosure agreements, development of industry contacts, intellectual property licensing, and patents.

UNIVERSITY OF CALIFORNIA, Berkeley, CA 2013 – 2014
Industry Liaison and Contracts Manager, Industry Alliances Office

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● Worked strategically with faculty and industry partners to develop, cultivate and own stewardship of relationships that promoted extramural research collaborations and technology transfer with industry. Maintained an in-depth understanding of campus-wide research capabilities to pair with industry research needs. ● Owned development of a major R&D partnership with Samsung from inception to agreement execution, obtaining $1.2 million in research funding for a UC Berkeley scientist and establishing a multi-university metaphotonics program with Stanford and CalTech.
● Drafted, negotiated and administered contracts that established research-related business relationships with forprofit companies and non-profit research institutions. Collaborated with internal stakeholders to ensure program success. Provided professional legal services in compliance with UC system-wide and campus policies, practices and procedures. Advised faculty and staff of contractual rights and obligations and provided interpretation of terms and conditions.

Research Administrator / Team Lead, Campus Shared Services ● Lead, mentored, trained, developed, and monitored performance of a team of three research administrators.

Assigned duties to staff, overseeing all work performed and ensuring an equitable distribution of workload. Established and achieved annual learning objectives for professional development. Developed and participated in department-wide training presentations. Interviewed and selected candidates for open positions within the research administration department.
● Responsible for the development, establishment and monitoring of fiscal budget control of research grants, proposal submissions, gifts, and privately funded projects for faculty research programs. Maintained a broad and deep knowledge of the technical aspects of sponsored research administration to develop recommendations, and oversaw support for a variety of administrative functions. ● Communicated intricate fiscal and grant policy issues effectively with a variety of stakeholders including principal investigators, department chairs, federal program officers, and auditing agencies.

UNIVERSITY OF ARIZONA, Tucson, AZ 2009 – 2013
Contract Analyst, Office of Research and Contract Analysis ● Responsible for subaward creation and administration from draft stage throughout lifetime of 450+ awards. Served as main administrative contact for over half of University departments and external partners. Performed compliance checks and risk assessments. Negotiated terms in accordance with university policy and federal and state law.

Ensured compliance with all Prime Sponsor stipulations in the oversight and issuance of each subaward, including applicable federal regulations.
● Participated in internal and external compliance audits. Provided support and documentation for monthly Federal Fiscal Accounting and Transparency Act reporting and quarterly American Recovery and Reinvestment Act reporting.

Program Coordinator, Contracts and Auxiliary Services
● Owned Request for Proposal development and process management from inception to completion. Coordinated with communications and technology teams to utilize marketing and online efforts for student services and identified key areas for expansion of auxiliary services. ● Managed contract administration for all auxiliary vendors, including timely business and accounting processes and receipt of revenues. Developed and maintained strong collaborative partnerships with University departments and outside vendors.

SHUTTERFLY, INC., Redwood City, CA 2006 – 2008
Senior Public Relations Specialist (Promoted from Public Relations Specialist)

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● Designed strategy, created budget plan, managed execution, negotiated costs and provided ROI to company on major public relations projects annually. Worked cross functionally with marketing and creative teams to implement comprehensive project plans.
● Developed content for internal and external communications – executed on plan developed. Drafted press releases, company-wide news, and industry briefings on behalf of the company. ● Planned, executed, and prepared C-level executives for a variety of engagements including a successful initial public offering on NASDAQ, media interviews, annual shareholders meetings, and company-wide All-Hands meetings.

EDUCATION
SANTA CLARA UNIVERSITY, Santa Clara, CA
Juris Doctor Degree
YALE UNIVERSITY, New Haven, CT
Bachelor of Arts Degree, American Studies
OXFORD UNIVERSITY, Oxford, England
Summer Program, Comparative Intellectual Property Law

TECH STACK
Salesforce • Asana • Guru • SmartSimple • Excel (Advanced) • Slack • Concur • Tableau (basic) • Smartsheet • Concur

SKILLS & AWARDS
● Advanced leadership in executive strategy, operations, and change management, with experience overseeing complex portfolios exceeding $500M.
● Deep expertise in financial management, grant operations, and revenue tracking, including implementation of budget systems and internal controls.
● Proven success in business process optimization, including the development of organization-wide policies, Salesforce workflows, and scalable systems.
● Skilled in data-driven decision-making, with a strong foundation in dashboard development, impact metrics, and institutional reporting.
● Demonstrated ability to lead cross-functional teams, integrate technology solutions (Salesforce, Asana, Guru), and build learning-focused environments.
● Specialized in philanthropy and nonprofit operations, with experience across federal, state, and mission-aligned funding models.
● Strong communication skills, including the ability to synthesize and translate complex scientific, technical, and operational content into executive insights.
● Recognized as a key influencer—able to build buy-in, inspire action, and drive progress with or without formal authority.

LEADERSHIP & AFFILIATIONS
● Participant, inaugural EF Catalyst Leadership Program. ● Member, Hispanics in Philanthropy and Latine/Latinx Affinity Group. ● Mentor and Speaker, EF Emerging Leaders Program.
● Member, PEAK Grantmaking (Intermediaries Affinity Group; Northern California regional committee).

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● Speaker and panelist on topics including nonprofit finance, philanthropy, and industry-funded research; presented at the Association for University Technology Managers Western Region Conference. ● Participant in Sandia Future Leader Pathways—selected for inaugural cohort (30 out of 1,200+ nominees). ● Former Chair, Sandia Hispanic Leadership Committee; Founding Board Member, Sandia Facilitation Center of Excellence.
● Former member of the UCOP Anti-Racism Task Force, supporting the transition of staff affinity groups to ERGs, development of equity scorecards, and system-wide inclusion metrics. ● Completed University of California People Management Certificate; trained in facilitation through an intensive four-day certification program.
● Held Q-level security clearance granted by the U.S. Department of Energy. ● Twice nominated for Sandia Employee Recognition Award (2016, 2017).

VOLUNTEER EXPERIENCE
HIJAS DEL CAMPO, Brentwood, CA 2020 – present
Volunteer
● Support community outreach and services for farmworker families, including resource navigation, referrals, and event coordination with local partners.
● Assist with intake and data tracking to improve service delivery and reporting; contribute to logistics for distributions, clinics, and workshops.
● Collaborate with nonprofit and public-sector partners to connect community members to housing, health, and legal resources in a culturally responsive manner.

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CITY COUNCIL AGENDA ITEM NO. F.8
02/24/2026
SUBJECT: Consideration of Recommendations and Appointments to the Park and Recreation Commission.

DEPARTMENT: Parks and Recreation
STAFF: E. Harith Aleem, Director of Parks and Recreation Aaron Wanden, Parks Manager
Elaine McGurk, Project Services Specialist

TITLE/RECOMMENDATION
That the City Council consider appointments to fill two new Park and Recreation Commissioners, one for appointment to a three-year term expiring on December 31, 2028, and one to a one-year term expiring on December 31, 2026.

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

BACKGROUND
The Brentwood Municipal Code provides that there will be five Park and Recreation Commissioners. As of December 31, 2025, one Park and Recreation Commissioner’s term expired, and an additional vacancy resulted from a resignation. Under Brentwood Municipal Code section 2.46.040, Park and Recreation Commissioners serve terms of three years. Staff advertised the vacancies on October 15, 2025, and five (5) applications were received by the December 15, 2025, deadline.

The City Council formed the Commission Interview Ad-Hoc Committee on January 13, 2026. The Committee consists of Mayor Meyer and Council Member Maloney. The Commission Interview Ad-Hoc Committee conducted five in-person interviews of candidates on February 19, 2026, in the Council Chambers. Interviews for the five candidates can be found here and included:

Derrick Bullington Tim Fares Catherine Velasco
Trudy A. Curto Vinoy C. Mereddy
Following the interviews and Committee deliberation, the Mayor recommends that the City Council consider the appointment of Trudy Curto to fill a three-year term

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CITY COUNCIL AGENDA ITEM NO. F.8
02/24/2026
expiring December 31, 2028, and Catherine Velasco to fill a one-year term expiring December 31, 2026.

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable

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

DATE OF NOTICE
Not applicable

ENVIRONMENTAL DETERMINATION
Not applicable

ALTERNATIVE OPTION(S)

1. Continue this item to a future meeting.

2. Not approve the recommended candidates.

3. Conduct additional interviews at a future meeting.

ATTACHMENT(S)

1. Previous Action

2. Park and Recreation Commission applications

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On January 13, 2026, the City Council approved the 2026 City Council Committees – Local and Regional that include the 2026 Commissions Interview Ad-Hoc Committee.

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Submission # 4401042
IP Address
Submission Recorded On 10/18/2025 6:48 PM
Time to Take Survey 3 minutes, 2 seconds

Page 1 ends

Application for Commission / Committee
*
Park & Recreation Commission
* Full Name
Derrick Bullington
* Residence Address
Brentwood CA 94513
* Phone
*
*
I currently work at Adams Middle School as a science teacher. I have served on the Park and Rec commission for two terms with the most recent term ending in 2024. *
I have served on the commission for six years. I have lived in Brentwood for over 20 years have have raised three children here.

Resumes or Additional Attachments
**SKIPPED**
Disclaimer and Acknowledgement
I certify that my answers are true and complete to the best of my knowledge and that my legal residence is within the city of Brentwood. * Full Name
Derrick Bullington
*
10/18/2025
Members appointed to the City’s Boards and Commissions are required to file a Statement of Economic Interests, Form 700, which is a public document.

In accordance with the Public Records Act, applications and attachments submitted are considered public records and will be disclosed upon receipt of a public records request. While the City will endeavor to protect personal contact information from disclosure, confidentiality cannot be guaranteed. **SKIPPED**
**SKIPPED**
Commission / Committee
Email
Professional and/or Community Activities
Qualifications to serve as a Commissioner or Committee Member Date
Single Line Text
Single Dropdown

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Submission # 4456276
IP Address
Submission Recorded On 11/13/2025 3:24 PM
Time to Take Survey 21 minutes, 16 seconds

Page 1 ends

Application for Commission / Committee
*
Park & Recreation Commission
* Full Name
Trudy A. Curto
* Residence Address
Brentwood CA 94513
* Phone
*
*
I have been a Brentwood resident for over 12 years, living here with my husband and two children. I’m an active volunteer at Mary Casey Black Elementary, serving on the PTA and helping coordinate school events and family programs as well as volunteering in my son's class. I’ve volunteered at Brentwood community events such as Oktoberfest as well as with local dog rescues, planning and hosting adoption events. Professionally, I have 14+ years of experience in marketing, communications, and largescale event management for global companies like Intuit, Okta, and HashiCorp. My work has consistently centered on community engagement, program coordination, and event planning. I’m passionate about giving back to the Brentwood community and see this as a great opportunity to get more involved and use my skill set to support local programs and families.
*
My background in event management, strategic planning, and community engagement directly aligns with the Park & Recreation Commission’s mission. I’ve planned and executed hundreds of events—from large conferences to community programs—and am skilled in organizing logistics, managing budgets, and coordinating cross-functional teams. As a long-time Brentwood resident and parent, I care deeply about enhancing the city’s parks, recreational programs, and family-focused events. I’m passionate about contributing to initiatives that strengthen community connection, support youth and families, and preserve Brentwood’s quality of life. Serving on this commission is an ideal opportunity to apply my experience, creativity, and commitment to helping our community continue to thrive.

Resumes or Additional Attachments
Trudy Curto resume 11.13.25.pdf
Disclaimer and Acknowledgement
I certify that my answers are true and complete to the best of my knowledge and that my legal residence is within the city of Brentwood. * Full Name
Trudy Curto
*
11/13/2025
Members appointed to the City’s Boards and Commissions are required to file a Statement of Economic Interests, Form 700, which is a public document.

I'm excited for the opportunity to get more involved and support Brentwood’s parks and community programs. Thank you for considering my application.

Option 1
Commission / Committee
Email
Professional and/or Community Activities
Qualifications to serve as a Commissioner or Committee Member Date
Single Line Text
Single Dropdown

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Trudy A. Curto
Brentwood, CA

SUMMARY
Community-focused marketing and program leader with 14+ years of experience in event planning, public engagement, and cross-functional collaboration for large organizations.

Long-time Brentwood resident actively involved in local schools, volunteer programs, and community events. Combines strategic planning, project management, and communication skills to support initiatives that strengthen community connection, family experiences, parks, recreation, and public spaces.

COMMUNITY EXPERIENCE
Mary Casey Black Elementary PTA – Brentwood, CA
Volunteer & Event Support (Current)
- Support school events, fundraising activities, and parent‑teacher initiatives. - Assist with planning and organizing programs that build a positive, family‑centered environment.
- Collaborate with staff and parents to enhance student experiences.

Brentwood Community Events – Volunteer
- Assisted with logistics and community support for large events such as Oktoberfest.

Local Dog Rescue Organizations (H.A.R.P., Animal Rescue Recon) – Event Coordinator - Planned, organized, and hosted adoption events that connected families with rescue animals. - Managed volunteer coordination and public outreach.
- Fostered and help adopt out dogs.

PROFESSIONAL EXPERIENCE
Findem Inc. — Principal Value Consultant – Talent Marketing & CRM (2024–Present) - Lead strategic programs and events that engage diverse audiences. - Enable teams through training and program development. - Represent the company at industry events to build community presence.

HashiCorp — Senior Manager, Employer Brand & Communications (2021–2024) - Directed global/regional events and community engagement programs. - Partnered with stakeholders to design programs aligned with organizational goals. - Led teams in planning, budgeting, and execution.

Okta — Senior Manager, Talent Marketing (2019–2021)
- Managed outreach programs and scaled community-driven initiatives. - Oversaw budgets, volunteer coordination, and event staffing.

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Intuit — Talent Marketing Manager (2017–2019)
- Led programs that increased community participation and event attendance. - Built partnerships to improve attendee experience and streamline operations.

Earlier Roles: HyperGrid, Nuix, HP Autonomy, Cisco
- Managed 100+ large-scale events per year.
- Coordinated logistics, volunteers, and stakeholder groups. - Oversaw multimillion‑dollar initiatives with a focus on responsible planning.

EDUCATION
B.S., Public Relations — San Jose State University
SKILLS
- Community Engagement & Public Outreach
- Event & Program Planning
- Project Management & Collaboration
- Strategic Planning & Development
- Volunteer Coordination
- Budget Management
- Communication & Facilitation
- CRM & Technology Tools (Salesforce, HubSpot, Marketo, Eloqua)

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Return to:

City Clerk’s Office
150 City Park Way
Brentwood, CA 94513
Phone: 516-5440/ Fax: 516-5441 Email:
[email protected]
Extended Due Date: December 15, 2025
Park & Recreation Commission Applicant Information
Full Name:

Last First M.I.

Residence
Address:

Street Address Apartment/Unit #
Brentwood CA 94513
City State ZIP Code
Phone: ( ) E-mail Address:

PROFESSIONAL AND/OR COMMUNITY ACTIVITIES:

QUALIFICATIONS TO SERVE AS A PARK & RECREATION COMMISSIONER:

Applicants are encouraged to submit resumes or attachments with this application.

Disclaimer and Signature
I certify that my answers are true and complete to the best of my knowledge and that my legal residence is within the city of Brentwood.

Signature: Date:

Members appointed to the City’s Boards and Commissions are required to file a Statement of Economic Interests, Form 700, which is a public document.

Fares, Tim
Currently serving on 4 Contra Costa County Commissions/Committees:
- Measure X Fiscal Oversight Committee (District 3)
- Library Commission Alternate (District 3)
- Fish & Wildlife Committee (District 3)
- Local Planning Council for Early Child Care & Education (East County) - 4 year resident of Brentwood
- Parent of 2 young children and frequent user of local parks/recreation programs (Adult Softball, T-ball, Soccer, BFAC)
- 10 years experience in finance and corporate strategy/planning - 3 years experience in the federal government serving East County - 5 years experience as a licensed real estate sales agent - Current experience on multiple Contra Costa County Commissions See attached resume for more information
12/5/2025

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Tim Fares
| |

SUMMARY
Strategy & operations leader with broad go-to market experience from pre-sales to post-sales. Adept at stakeholder management, business partnership, program/project management, executive reporting, process improvement, quantitative/qualitative analysis, forecasting, financial modeling, and synthesizing concise strategic insights from complex data using a variety of analytical tools.

EDUCATION
Santa Clara University, Leavey School of Business Santa Clara, CA Master of Business Administration (MBA)
University of California, Davis Davis, CA
Bachelor of Arts, International Relations, Minor in Economics

EXPERIENCE
Salesforce San Francisco, CA
Sr. Manager, Strategy & Operations, Slack Customer Success 2024-Present • Developed and launched standardized risk management program including comprehensive risk sweep, cross-functional execution, operational tracking, and weekly standups; mitigated over $110M of risk in 15 months. • Drove overhaul of customer health and maturity evaluation including development of new metrics, dashboards, and inspection methodology; improved MAU by 5 points and core feature adoption by 9 pts year over year. • Implemented an improved annual planning framework for 200 person Customer success organization to inform target setting, capacity planning, and strategic focus areas; increased efficiency per head by over 75% while maintaining growth in key KPIs.

Airtable San Francisco, CA
Head of Strategy & Operations, Services & Partners 2023-2024 • Led go-to-market strategy for professional services and partners during transition to paid services, designing improved KPIs, transforming the operating model, and structuring ROI analysis for post-sales engagements. • Managed the introduction of two new product lines consisting of 13 SKUs, overseeing critical workstreams including pricing/packaging, sales systems/enablement, marketing/comms, recruiting, and operations. • Built professional service and customer support capacity models, forecasting demand, supply, and backlog; secured buy-in from executive leadership for a plan to save more than $1.5M in annual costs while improving SLA attainment. • Managed end-to-end quarterly compensation cycle for professional services and partner management, designing metrics, compensation structure, compensation letters, and tracking variable compensation attainment.

Salesforce San Francisco, CA
Sr. Manager, Strategy & Operations, Pre-Sales Consulting 2021-2023 • Led annual planning cycle for 475-person pre-sales consulting team including target setting, capacity planning, compensation design, and go-to-market strategy.
• Established tools and procedures for forecasting over $750M of influenced ACV professional services revenue globally. • Designed a system for optimizing pre-sales resource investment, leading to increased customer and stakeholder satisfaction. • Developed methodology for accurately calculating multi-year ROI across 4 years of pre-sales engagements to help inform resource investment decisions.

Manager, Strategy & Operations, Partner Sales 2019-2021 • Led strategy team of 3 in supporting $1.9B Partner Sales business, advising business partners on the creation and execution of org structure, compensation plans, business plans, and go-to-market strategies; exceeded annual targets 2 years in a row. • Led strategic initiatives to generate new business and improve under-performing segments, resulting in $100M of new pipeline. • Developed and delivered presentations to senior executives for strategic initiatives and quarterly business reviews.

PRIOR EXPERIENCE
The Clorox Company Pleasanton, CA
Sales Planning Analyst, Professional Products 2015-2019 United States House of Representatives 9th Congressional District, CA Constituent Representative 2012-2015

ADDITIONAL INFORMATION
Technical Skills: Salesforce, Excel, Tableau, Google Workspace, & Airtable; Working knowledge of SQL & Python Achievements: Salesforce leadership development program, 2021

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Submission # 4523159
IP Address
Submission Recorded On 12/13/2025 6:17 PM
Time to Take Survey 1 day, 39 minutes, 21 seconds

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Application for Commission / Committee
*
Park & Recreation Commission
* Full Name
Vinoy Mereddy
* Residence Address
Brentwood CA 94513
* Phone
*
*
Profession: Sr Software Engineer Community Activities: 1) Serving as a: 1.1) Trustee on Contra Costa Mosquito and Vector Control district 1.2) Commissioner on Airport Land Use Commission 1.3) Advisor on MXCAB Measure X Community Advisory Board 2) Parent participant on School SAC (School Action Committee) 3) Serve at Foodbanks 4) Serve at Community/ City cleanup events 5) Community leader and Community organizer, organizing events for the community to celebrate the culture and loving bonds between people and humanity
*
1) Have read and understood the City's Master plan and the key guidelines and initiatives in it 2) An ardent supporter of the open spaces and the hiking paths in and around our city and understand the importance of park for health and recreation and their maintenance 3) Promote unique cultural and art expression forms to bring the element of unity in diversity among the populations in the city
Resumes or Additional Attachments
**SKIPPED**
Disclaimer and Acknowledgement
I certify that my answers are true and complete to the best of my knowledge and that my legal residence is within the city of Brentwood. * Full Name
Vinoy Mereddy
*
12/14/2025
Members appointed to the City’s Boards and Commissions are required to file a Statement of Economic Interests, Form 700, which is a public document.

Commission / Committee
Email
Professional and/or Community Activities
Qualifications to serve as a Commissioner or Committee Member Date

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Submission # 4449704
IP Address
Submission Recorded On 11/10/2025 6:55 PM
Time to Take Survey 2 minutes, 53 seconds

Page 1 ends

Application for Commission / Committee
*
Park & Recreation Commission
* Full Name
Catherine Velasco
* Residence Address
Brentwood CA 94513
* Phone
*
*
I have been the HOA President for Sparrow at Marsh Creek in Brentwood for 8 years. I also started a non-profit Pug (dog) meetup group that meets monthly. I coordinate events for the group for the city such as the 4th of july parade float, Toy collection/donations for Brentwood regional chest, and deck the park. I have served as a CASA (court appointed special advocate for foster youth) in Contra Costa County. I have also served as PEER Support advocate within my company to support my fellow coworkers when they are in need. I do also spend quite alot of time walking Brentwood trails and parks with my dog and visiting dog parks. I love to enjoy these areas and meet others in these spaces. August 2018- May 2025 Board member and event coordinator| Tiny Paws Pug Rescue *
• Nonprofit Leadership: Active board member of a nonprofit dog rescue organization, where I help guide strategic decisions, support fundraising efforts, and promote community education about animal welfare and responsible pet ownership. • Community Support & Well-Being: Member of a peer support team, providing emotional assistance, active listening, and resources to individuals navigating personal and professional challenges. • Youth Mentorship: Dedicated volunteer with foster youth programs, offering mentorship, stability, and advocacy for young people facing transitions and seeking personal growth opportunities. • Collaborative Leadership: Skilled at building partnerships, facilitating dialogue, and fostering inclusive environments that encourage diverse perspectives and collective problem-solving. • Commitment to Service: Guided by integrity, empathy, and a genuine desire to strengthen the community through transparent and informed participation in civic initiatives.

Resumes or Additional Attachments
Catherine Velasco Parks and rec commitee Resume.docx
Disclaimer and Acknowledgement
I certify that my answers are true and complete to the best of my knowledge and that my legal residence is within the city of Brentwood. * Full Name
CATHERINE Velasco
*
11/10/2025
Members appointed to the City’s Boards and Commissions are required to file a Statement of Economic Interests, Form 700, which is a public document.

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CITY COUNCIL AGENDA ITEM NO. G.1
02/24/2026
SUBJECT: Introduce and waive the first reading of an ordinance approving a zoning text amendment to Brentwood Municipal Code Section

17.715 in compliance with recent changes to state legislation DEPARTMENT: Community Development
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager
Sarah Yuwiler, Associate Planner

TITLE/RECOMMENDATION
Introduce and waive the first reading of an ordinance approving a zoning text amendment (RZ 25-004) to amend Section 17.715 of the Brentwood Municipal Code for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), in compliance with recent changes to state legislation.

FISCAL IMPACT
There is no fiscal impact associated with adoption of this ordinance, other than the staff time spent preparing it, along with the cost of assistance from outside legal counsel.

BACKGROUND
Section 17.715 of the Brentwood Municipal Code (BMC) regulates the development of ADUs and JADUs in conformance with state legislation. California Government

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CITY COUNCIL AGENDA ITEM NO. G.1
02/24/2026
Code Section 66310, et seq., restricts the scope of regulations and the approval process that local jurisdictions may impose on ADUs and JADUs. The State ADU statute is frequently amended by the legislature, with the most recent applicable amendments including the following: SB 543 (2025), AB 1154 (2025), and AB 462 (2025). Staff identified the changes that need to be incorporated into the BMC, and they are included in the draft ordinance.

The Planning Commission held a public hearing on January 20, 2026, to consider the draft ordinance. The Commission adopted a resolution recommending that the City Council approve the proposed Zoning Text Amendment to Section 17.715 of the Brentwood Municipal Code by a 4-0 vote (Commissioner Roberts was absent), with no modifications to the draft ordinance.

PROJECT DESCRIPTION
State law mandates that local agencies ministerially (i.e., administratively or by staff without discretionary review) approve ADUs and JADUs that meet specific objective standards. The City currently has an ordinance that regulates the development of ADUs and JADUs; however, the City must amend it in order to comply with the most recent version of state law. Below is a summary of the changes that the 2025 legislation has implemented.

Summary of Relevant Statutory Provisions

1. SB 543 (effective January 1, 2026):
 Updates the process and timing in which the City must determine if an ADU or JADU application is complete, to 15 business days from receipt of the application.
 Provides for an appeal process for any incomplete application determinations or denials.
 Existing law requires a local agency to submit a copy of an adopted ADU ordinance to California Housing and Community Development (HCD). If HCD provides comments, the local agency must either amend the ordinance to address the comments or makes findings explaining why the local agency disagrees with HCD. This bill adds that failure to submit the copy to California HCD or to act on California HCD’s comments will result in the ordinance being null and void.

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CITY COUNCIL AGENDA ITEM NO. G.1
02/24/2026
 Clarifies the definition of allowable square footage of an ADU or JADU to specify “interior livable space.”
 Clarifies that development impact fees may not be imposed on an ADU that is 750 square feet or less of “interior livable space” or on a JADU with 500 or fewer square feet of “interior livable space.”  Clarifies the definition of square footage to specify “interior livable space” for the exemption of an ADU or JADU with 500 or fewer square feet of “interior livable space” from school impact fees.  Clarifies the quantity of JADU/ADUs that can be created under Government Code Section 66323. Single-family properties can have any combination of one (1) JADU, one (1) converted ADU and one (1) detached, new-construction ADU. Multi-family properties can have any combination of converted ADU(s) and detached ADU(s), subject to the quantities provided based on number of units and type of multi-family project.
 The law prior to January 1, 2026 prohibited a local agency, special district, or water corporation from requiring the applicant to install a new or separate utility connection between an ADU and the utility, imposing an impact fee, or imposing a related connection fee or capacity charge for specified ADUs. This bill would revise these provisions to additionally apply to utility connection requirements, impact fees, and connection fees or capacity charges imposed on a JADU.
 The existing law prohibits requiring fire sprinklers in ADUs if fire sprinklers are not required in the primary dwelling. This bill expands this provision to apply to JADUs, as well.

2. AB 1154 (effective January 1, 2026):
 Revises the owner occupancy requirement for JADUs which now only applies when a JADU shares sanitation facilities with the single-family dwelling.
 Prohibits JADUs from being used as short-term rentals (less than 30 days).

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3. AB 462 (effective October 10, 2025):
 Relaxes the issuance of a certificate of occupancy, under certain conditions, for an ADU in disaster-affected areas subject to a state of emergency made by the Governor on or after February 1, 2025.

Summary of Additional Ordinance Changes
ADU ordinances and amendments are required to be submitted to the California Housing and Community Development department (HCD) within 60 days of adoption for their review of consistency with state legislation. As required, the City submitted the last version (2025) of the ordinance to HCD in March of 2025. In October 2025, HCD provided comments and City staff met with HCD to discuss these comments.

4. The draft ordinance includes a minor modification to clarify the requirements to the satisfaction of HCD. This minor modification includes the following clarification: Existing law prohibits a local agency from establishing by ordinance any size requirements (e.g. minimum or maximum size) for an ADU based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for attached or detached dwellings that does not permit at least an 800- square foot ADU with four-foot side and rear yard setbacks. Clarifying language was added to ensure that per existing state legislation, an attached 800 square foot ADU cannot be prohibited if it exceeds 50% of the square footage of the existing home.

5. Language was added to clarify that the review period for preapproved ADUs is specific to detached ADUs only.

January 20, 2026 Summary of Planning Commission Meeting The Commission expressed concerns regarding the continued reduction of local control that cities have due to state legislation, and questioned the possibility of finding ways to exercise more discretion when it comes to ADUs and JADUs. The Commission discussed the concept of potentially amending the City’s adopted building code to be more aggressive/strict than state legislation. In response, staff explained that AB 130 (2025) prohibits local municipalities, until June 2031, from making changes to provisions published in the California Building Standards Code that apply to residential projects unless certain conditions are met (e.g., those deemed necessary by the California Building Standards Commission as emergency

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CITY COUNCIL AGENDA ITEM NO. G.1
02/24/2026
standards to protect health and safety). The Commission did not identify any building code requirements that could be amended to increase local control.

The Commission also discussed modifying the minimum size requirement for ADUs to be large enough to trigger the payment of impact fees. In response, staff clarified that State law prohibits local ordinances from establishing a minimum size requirement for ADUs, as the City must allow for efficiency units, which have a minimum size of 150 square feet. Staff explained that the draft ordinance includes as much local control and discretion allowed under the law. Staff further explained that State law requires ADU ordinances to be sent to HCD for review when they are amended to ensure consistency with state legislation. If an ordinance is found to be inconsistent, HCD notifies the respective city and requests that it be amended accordingly. Ultimately, the Commission acknowledged that the City is required to make the amendments to the ordinance in order to comply with state legislation and recommended approval without any changes.

ANAYLSIS
Pursuant to Government Code Section 66314(c), the draft ordinance is consistent with the City’s General Plan and Zoning Ordinance, as it does not exceed the allowable densities for each designation, and JADUs and ADUs are residential uses.

Conformance with the Housing Element
The draft ordinance is in conformance with the City’s certified 6th Cycle Housing Element Update, which establishes support of and accommodation for ADUs and JADUs as a priority during the 2023-2031 planning period. The Housing Element sets goals and priorities of community housing needs based on the Regional Housing Needs Assessment (RHNA). Below is an excerpt from the Housing Element (page 4- 3) related to one of the implementing actions adopted by the City Council:

Action H.1b: Accessory Dwelling Units
The City is projecting 14 ADUs per year throughout the planning period – this is based on development trends since 2019. The City shall support and accommodate the development of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) during the 2023-2031 planning period to meet projection figures detailed in Appendix B of this Housing Element.

Objectives:
 Amend the ADU ordinance to comply with State law.

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02/24/2026
 Implement a permit-ready ADU program (pre-approved ADU plans that do not require additional review).
 Post a user-friendly FAQ on the City’s website to assist the public and advertise ADU resources across online social media platforms.  Create an expedited plan check review process.
 Research potential State and Regional funding sources for affordable ADUs and make information publicly available.

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

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

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

DATE OF NOTICE
The City published a notice of public hearing in the Brentwood Press on February 13, 2026.

ENVIRONMENTAL DETERMINATION

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CITY COUNCIL AGENDA ITEM NO. G.1
02/24/2026
Zoning ordinance amendments for the purpose of conforming to Article 2 and 3 of Chapter 13, Division 1, Title 7 of the California Government Code are statutorily exempt from the California Environmental Quality Act (CEQA) under Public Resources Code Section 21080.17. Additionally, the ordinance is exempt from CEQA pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15378, and 15061(b)(3) as it can be seen with certainty that there is no possibility that it may have a significant effect on the environment in that the ordinance merely incorporates and implements state statutory provisions governing ADUs and JADUs that are already permitted by state law regardless of the adoption of the local ordinance.

ALTERNATIVE OPTION
Alternative option to staff’s recommendation:

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

ATTACHMENT(S)

1. Previous Actions

2. Draft City Council Ordinance

3. Exhibit A to City Council Ordinance: Draft Redlined ADU Ordinance

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

On October 7, 2003, the Planning Commission adopted Resolution No. 03-77, recommending the City Council approve a rezone (RZ 03-13) to amend the Secondary Dwelling Unit ordinance to establish criteria in compliance with recently enacted State legislation.

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

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

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

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

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

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

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

On December 3, 2024, the Planning Commission held a public hearing to consider a Zoning Text Amendment (RZ 24-009) to amend various sections of the Brentwood Municipal Code in regards to Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU), repealing Section 17.100.005 (Accessory Dwelling Units),

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adding Chapter 17.715 (Accessory Dwelling Units and Junior Accessory Dwelling Units), amending Article VIII (Planning Development Zoning Regulations) in compliance with State legislation. The Planning Commission unanimously adopted a motion that declined to make a recommendation to the City Council.

On January 28, 2025, the City Council adopted Ordinance No. 1083 and waived the second reading on February 25, 2025 further approving RZ 24-009 to add Chapter

17.715 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

On January 20, 2026, the Planning Commission adopted a resolution recommending that the City Council approve the proposed Zoning Text Amendment to Section

17.715 of the Brentwood Municipal Code.

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ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING A ZONING TEXT AMENDMENT (RZ 25-
004) TO AMEND SECTION 17.715 OF THE BRENTWOOD

MUNICIPAL CODE (ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS) IN COMPLIANCE WITH

CHANGES TO STATE LEGISLATION AND TO IMPLEMENT
CHAPTER 13 DIVISION 1 TITLE 7 OF THE GOVERNMENT CODE
AND SECTION 65852.21 OF THE GOVERNMENT CODE
WHEREAS, the California Legislature requires cities to permit accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”) in compliance with Article 2, Chapter 13, Division 1, Title 7 of the California Government Code; and WHEREAS, the California Legislature authorizes cities to adopt and administer an ordinance to regulate ADUs and JADUs in compliance with Chapter 13, Division 1, Title 7 of the California Government Code; and
WHEREAS, the California Legislature has recently approved, and the Governor has signed into law, various bills amending sections of Article 2, Chapter 13, Division 1, Title 7 of the California Government Code to reduce barriers, streamline approval processes, and increase development and availability of ADUs and JADUs; and WHEREAS, the City of Brentwood, California (the “City”) is committed to updating the Brentwood Municipal Code (BMC) so that it is consistent with State law; and
WHEREAS, on February 13, 2024, the City Council adopted the 2023-2031 Housing Element, which includes the objective to amend the ADU ordinance to comply with State law and the adoption of the proposed ordinance complies with this objective; and
WHEREAS, staff has prepared a proposed ordinance modifying the Brentwood Municipal Code, section 17.715 (Accessory Dwelling Units and Junior Accessory Dwelling Units) for this purpose; and
WHEREAS, the proposed ordinance amendment is part of a larger goal relating to broad quality of life issues in the city, including such things as the opportunities to provide affordable housing to meet General Plan housing objectives and to protect property values and the integrity of neighborhoods; and WHEREAS, the ordinance would amend Title 17 (Zoning) of the BMC, and the Planning Commission is charged with reviewing amendments to said title prior to their consideration by the City Council; and

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2 WHEREAS, the Planning Commission held a duly and properly noticed public hearing on January 20, 2026, to consider the draft ordinance. The Planning Commission expressed significant concerns about the required modification and in particular, how it would continue to decrease local control. Ultimately, the Planning Commission unanimously (4-0, with one absence) adopted a motion making a recommendation that the City Council adopt the ordinance; and WHEREAS, the City published a notice of public hearing in the Brentwood Press on February 13, 2026, in accordance with City policies and Government Code Section 65090; and
WHEREAS, on February 24, 2026, the City Council held a public hearing on this ordinance to consider the proposed amendments; and WHEREAS, this amendment is exempt from the California Environmental Quality Act ("CEQA") because it is for the purpose of conforming to Article 2, Chapter 13, Division 1, Title 7, and Article 3 Chapter 13 Division 1 Title 7 of the California Government Code, which is statutorily exempt from CEQA under Public Resources Code Section 21080.17. In addition, the ordinance is exempt from CEQA pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15378, and 15061(b)(3), as it can be seen with certainty that there is no possibility that it may have a significant effect on the environment in that the ordinance merely incorporates and implements state statutory provisions governing ADUs and JADUs that are already permitted by state law regardless of the adoption of the local ordinance.

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

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

SECTION 2. CEQA. This amendment is exempt from the California Environmental Quality Act ("CEQA") because it is for the purpose of conforming to Article 2, Chapter 13, Division 1, Title 7 and Article 3, Chapter 13, Division 1, Title 7 of the California Government Code, which is statutorily exempt from CEQA under Public Resources Code Section 21080.17. In addition, the ordinance is exempt from CEQA pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15378, and 15061(b)(3), as it can be seen with certainty that there is no possibility that it may have a significant effect on the environment in that the ordinance merely incorporates and implements state statutory provisions governing ADUs and JADUs that are already permitted by state law regardless of the adoption of the local ordinance.

SECTION 3. ZONING TEXT AMENDMENT. Brentwood Municipal Code Section 17.870.008 provides:

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3 “No rezoning of property or text amendment shall occur which is inconsistent with the city’s community development plan. In making a decision, the planning commission and council shall consider the consistency of the proposed action to the community development plan and other applicable city plans, and shall consider whether the proposed action is inappropriate or otherwise contrary to the public interest.”
The City Council finds that the proposed amendment to the Zoning Ordinance is consistent with the General Plan, which is the City’s community development plan, and will comply with State requirements. In particular, the proposed amendment implements General Plan Land Use Policy LU 2-8 (‘Provide for a variety of residential products through the Zoning Ordinance in order to accommodate the housing needs of all segments of the city’s population’) in that it will allow for the development of housing accessible to all segments of Brentwood’s population. The amendment also implements Action H.1b:

Accessory Dwelling Units from the General Plan’s Housing Element, which requires (among other things) an ordinance addressing accessory dwelling units that is compliant with State law by January 2026.

Moreover, the amendment will not impede the City’s ability to meet its General Plan goals, and the amendment is necessary to carry out the purposes of the Brentwood Municipal Code, including the orderly planned use of land resources.

Finally, the amendment is neither inappropriate nor otherwise contrary to the public interest, as it serves the vital public interest in facilitating housing development and implements State requirements governing this matter.

SECTION 4. Amendment. Title 17, Section 17.715 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Brentwood Municipal Code is hereby amended as shown in Exhibit A to this ordinance (attached hereto and incorporated herein), in compliance with State planning law. Revisions to existing and added sections are reflected in strikethrough for deletions and underline for additions.

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

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

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

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4 THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 24th day of February 2026, by the following vote:

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City of Brentwood, CA
§ 17.715.010 § 17.715.030
Downloaded from https://ecode360.com/BR4906 on 2025-10-21 2029\02\4125414.2 CHAPTER 17.715

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING
UNITS
§ 17.715.010. Purpose.

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

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

C. One JADU that satisfies the requirements of this Chapter 17.715 is allowed on a legal lot that is zoned RE, R-1-E, R-1, or a PD zone that is a single-family residential zone.
(Ord. 1083, 2/25/2025)
§ 17.715.020. Effect of conforming.

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

A. Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located;
B. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located;
C. Considered in the application of any local ordinance, policy, or program to limit residential growth;
D. Required to correct a nonconforming zoning condition, as defined in Section

17.715.030 below.
(Ord. 1083, 2/25/2025)
§ 17.715.030. Definitions.

As used in this section, terms are defined as follows:
"Accessory dwelling unit" or "ADU" means an attached residential dwelling unit, a detached residential dwelling unit, or a conversion of space to a residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a parcel with a proposed or existing primary dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:

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§ 17.715.030 § 17.715.030
2029\02\4125414.2

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

2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
"Attached" means a building shares a common wall, in whole or in part, with a singlefamily dwelling or multifamily dwelling. "Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
"Conversion" means converting space within a proposed or existing single-family dwelling, an existing multifamily dwelling, an existing accessory building that was legally constructed, or in the same location and to the same dimensions as an existing accessory building that was legally constructed in accordance with any applicable building permits for use as an accessory dwelling unit. Where an accessory building is converted to an accessory dwelling unit on a parcel containing a single-family dwelling, conversion includes an increase of up to an additional one hundred fifty square feet to accommodate ingress and egress.
"Detached" means a building not structurally part of and not sharing a common wall or any other attachment other than utilities with a single-family dwelling or multifamily dwelling.
"Efficiency kitchen" means a kitchen that includes all of the following:

1. A cooking facility with appliances.

2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
"Efficiency unit" has the same meaning as defined in Section 17958.1 of the California Health and Safety Code.
"Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:

1. It is no more than five hundred square feet of interior livable space in size.

2. It is contained entirely within an existing or proposed single-family dwelling. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family dwelling.

3. It includes an exterior entrance separate from the exterior entrance for the singlefamily dwelling.

4. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family dwelling.

5. If the unit does not include its own separate bathroom, then it contains an interior

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entrance to the main living area of the existing or proposed single-family dwelling in addition to an exterior entrance that is separate from the main entrance to the single-family dwelling.

6. It includes an efficiency kitchen, as defined above. "Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory building. "Nonconforming zoning condition" means a "nonconforming facility" as defined in Section 17.610.003 and refers to a physical improvement on a property that conformed with zoning when constructed but does not conform with current zoning standards. "Primary dwelling" means the proposed or existing single-family dwelling or multifamily dwelling on the lot.
"Proposed dwelling" means a dwelling that is the subject of a building permit application and that meets the requirements for permitting.
"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. "Setback" as used in this section means the distance between the exterior wall of the ADU, which includes any and all appurtenant features, to the property line. "State exempt ADU" means an ADU that meets the requirements provided in Section

17.715.050(B) below.
"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (Ord. 1083, 2/25/2025)
§ 17.715.040. Approval process.

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

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

B. Process and timing.

1. The city must determine if an ADU or JADU application is complete within 15 business days of receipt. If the permit application is incomplete, the written notice to the applicant must include a comprehensive list of incomplete items and a description of how the permit application can be made complete. The applicant may address the items that are deemed to be incomplete by the city and resubmit the application; the resubmitted application will be subject to a new 15 business day review period. Upon review of the resubmitted application, the city will not require the application to include an item that was not included in the initial application if it was not included in the

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comprehensive list of incomplete items. If the city does not make a timely determination, the application or resubmitted application will be deemed complete.

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

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

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

5. If the permit application is determined to be incomplete or is denied, the applicant may appeal the city’s decision to the planning commission by filing a written appeal with the community development director on a form provided by the city.
a. The applicant shall pay a processing fee as established by the city at the time the applicant submits the written appeal.
b. A written appeal must be submitted within ten days of the decision regarding the completeness or denial of the application. c. At an appeal hearing, the planning commission will consider the application, plans, exhibits, and related project materials that were the subject of the original decision.
d. At the hearing, the planning commission shall review the record of the decision and hear testimony of the applicant.
e. The city will make a final written determination on the applicant’s appeal within 60 business days of receiving the applicant’s written appeal. f. The appeal process provided in this subsection (B)(5) shall apply notwithstanding any other appeal processes or requirements found in

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other portions of the Municipal Code. The decision issued by the planning commission pursuant to this subsection (B)(5) becomes final on the date of the adopted written decision.
(Ord. 1083, 2/25/2025)
§ 17.715.050. General requirements.

A. Number of ADUs and JADUs Per Lot.

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

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

B. Any ADU that meets satisfies the requirements of one of the following subsections (B)(1) through (4) is a "state exempt ADU." ADUs that satisfy (B)(1) and (B)(2) may be permitted on the same lot. ADUs that satisfy (B)(3) and (B)(4) may be permitted on the same lot. State exempt ADUs shall be ministerially permitted on a lot and are not required to meet the additional development and design standards in the underlying zoning district or in subsection (C), (F), or (M) below, unless otherwise specified:

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

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

3. One or more ADUs within portions of existing multifamily dwellings that are

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

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

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

1. If the requirements of the underlying zoning district or other provisions of the Brentwood Municipal Code are inconsistent with the provisions of this Chapter

17.715, the standards of this chapter shall apply.

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

3. If the ADU or JADU is existing, constructed without permits, and is seeking a permit pursuant to subsection (G)(2) below.

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

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

E. Height.

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

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

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accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

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

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

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

F. Design and Size.

1. Except for state exempt ADUs, the exterior of the ADU shall be designed so that its roof slope, siding materials, and colors are the same as the primary dwelling. Outdoor lights shall be shielded and directed downward.

2. For detached or attached ADUs, maximum interior livable space square footage is eight hundred fifty square feet for a studio/one bedroom unit and one thousand square feet for an ADU with two or more bedrooms. The detached or attached ADU must have a minimum of four foot side and rear setbacks. Notwithstanding the foregoing, an attached ADU that is created on a lot with an existing primary dwelling is further limited to fifty percent of the floor area of the existing primary dwelling. If limits based on fifty percent of the floor area preclude the development of an eight hundred square foot attached accessory dwelling unit with up to eight hundred square feet of livable space and with four-foot side and rear yard setbacks, and if the proposed accessory dwelling unit complies with all other applicable development standards, the limit based on fifty percent of the floor area applicable standard must be waived by the city.

G. Building and Fire Code.

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

2. An existing ADU or JADU, constructed without permits prior to January 1, 2020, may be legalized unless the Chief Building Official or designee makes findings that correcting a building standard violation is necessary to comply with the standards provided in Health and Safety Code Section 17920.3.

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

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nonresidential use and was subsequently converted for residential use in accordance with this section.

4. Prior to January 1, 2030, when the chief building official provides a notice to correct a violation of any building standard, the chief building official shall include in that notice a statement that the owner of the ADU has a right to request a delay must provide a notice if the ADU that was built prior to January 1, 2020, or built when the city had a noncompliant ADU ordinance. If the ADU was built when the city had a noncompliant ADU ordinance, this chapter must be compliant with state law at the time the request for delay in enforcement is made.
a. The owner of the ADU may submit a written request to the chief building official requesting that correction of any violation of building standards be delayed for five years.
b. The chief building official will grant the application if the chief building official determines that enforcement of the building standard is not necessary to protect health and safety.
c. For purposes of this subsection (G)(4), "building standards" refers to those standards enforced by local agencies under the authority of Section 17960 of the California Health and Safety Code.

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

I. Deed Restriction.

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

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

J. Fees.

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

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the square footage of the primary dwelling unit.
c. An accessory dwelling unit or junior accessory dwelling unit that contains less than 500 square feet of interior livable space will not be subject to the school district’s impact fees levied under California Education Code Section 17620.

2. Utility Fees.
a. Conversion ADUs described in 17.715.050(B)(1) or JADUs on parcels zoned for single-family use are not required to have a new or separate utility connection directly between the ADU or JADU and the utility.

ADUs or JADUs are not considered new residential uses for the purposes of calculating any connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit ADU or JADU is constructed with a new single-family dwelling. b. Other ADUs may not have water and wastewater utility connections as an extension from the primary dwelling unit, except for: (a) ADUs existing water and wastewater connections; and (b) Contra Costa Health Services approved septic systems. Utility services may be extended from the private utility lateral, between the public utility main and the primary dwelling unit or may be a separate connection to the public utility main.

Applicants must follow the application procedures and pay all applicable charges, including any applicable security deposit, application fee, service connection charge, meter charge, service line charge, existing facilities charge, and any other charges as set forth in the city's cost allocation plan, except that any connection fee and capacity charge must be proportional to the size in square feet of the accessory dwelling unit or its drainage fixture unit (DFU) value.
c. A JADU is not considered a separate or new dwelling unit for the purposes of providing service for water or sewer. No water or sewer requirements may be applied to single-family dwellings containing a JADU unless they apply uniformly to all single-family dwellings in the zone regardless of whether or not they contain a junior accessory dwelling unit.

K. Fire Sprinklers.

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

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

L. Owner Occupancy. JADUs with shared sanitation facilities with the existing structure, are subject to an owner occupancy requirement. The legal owner or owners shall reside in either the remaining portion of the single-family dwelling or the JADU. The owner occupancy restriction shall not be required if the owner is another governmental agency, land trust, or housing organization.

M. Parking.

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1. ADUs. Required parking shall not exceed one parking space per ADU. The parking space may be covered, uncovered, off-site, or as tandem parking on a driveway. The parking space must be in compliance with the city's parking ordinance (Section

17.620.007(A)). The parking space is in addition to the parking requirements for the single-family or multifamily dwelling unit, except as provided in subsection (M)(2)(b) below.

2. Exceptions. Parking standards shall not be imposed for an ADU that meets one or more of the following criteria:
a. The ADU is located within one-half mile walking distance of public transit.
b. The ADU is located within an architecturally and historically significant historic district.
c. The ADU is part of the proposed or existing primary dwelling, or an existing accessory building conversion.
d. When on-street parking permits are required but not offered to the occupant of the ADU.
e. When there is an established car share vehicle located within one block of the ADU.
f. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (M)(2)(a) through (e) above.

3. JADUs. Parking shall not be required for a JADU.

4. Converted or Destroyed Parking Structure.
a. When a parking structure, uncovered parking, or covered parking is converted or destroyed in the construction of an ADU, the lost parking is not required to be replaced. However, replacement parking is required if parking in an attached garage is converted into a JADU.
b. If the applicant applies for a demolition permit to demolish a detached garage and a building permit to construct a detached ADU, the demolition permit and building permit for the ADU shall be issued at the same time.

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

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

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

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

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Q. Solar Panels. Solar panels are required when mandated under the California Energy Code.
(Ord. 1083, 2/25/2025)

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CITY COUNCIL AGENDA ITEM NO. H.1
02/24/2026
SUBJECT: Adopt a Resolution Approving the Municipal Pooling Authority Amended and Restated Joint Exercise of Powers Agreement amongst the City of Brentwood and other public agency members DEPARTMENT: Human Resources
STAFF: Sukari Beshears, Director of Human Resources/Risk Manager

TITLE/RECOMMENDATION
A Resolution approving the Municipal Pooling Authority Amended and Restated Joint Exercise of Powers Agreement amongst the City of Brentwood and other public agency members.

The proposed action to adopt a Resolution approving the Municipal Pooling Authority Amended and Restated Joint Exercise of Powers Agreement will ensure that the City of Brentwood remains a member of the Municipal Pooling Authority.

FISCAL IMPACT
There is no fiscal impact with this action.

BACKGROUND
The City of Brentwood is a member of Municipal Pooling Authority (“MPA”) a Joint Powers Authority (“JPA”). MPA provides members with administration and selfinsured coverage for liability, workers’ compensation, vehicle physical damage, and short-term disability, as well as access to participate in 14 additional programs that offer coverage for property, crime, cyber, and employee benefits. In order to be a member of MPA, each member’s governing body must agree to a Joint Exercise of Powers Agreement “JEPA” with MPA.

A JEPA is a foundational document that outlines MPA’s powers and organizational structure. The last version was adopted by the Board of Directors in 2004 and executed in 2005 by its members. The JEPA has undergone an extensive review and revision process and is being presented to the Brentwood City Council for consideration and approval to adopt the Municipal Pooling Authority Amended and Restated Joint Exercise of Powers Agreement (“the Amended/Restated JEPA”).

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CITY COUNCIL AGENDA ITEM NO. H.1
02/24/2026
On February 27, 2025, the MPA Coverage and Governance Committee recommended JEPA amendments to ensure alignment with other relevant documents and laws. The MPA Executive Committee approved these with revisions on March 26, 2025, and the Board of Directors gave final approval on April 10, 2025. Board-approved amendments were sent to all members for feedback, after which MPA staff and legal counsel made further revisions based on input received. The MPA Board of Directors approved the final Amended/Restated JEPA on January 13, 2026. The Amended/Restated JEPA must now be approved by each member by resolution of the member’s governing body and signed by each member’s designee.

In response to Member feedback and the edits recommended by the MPA Coverage and Committee, additional revisions have been incorporated into the JEPA. These changes include both substantive updates and formatting refinements to ensure clarity and consistency:
 Section 3 (Creation of MPA): Language revised to clarify that MPA was previously formed and is continued pursuant to current Government Code provisions (title also changed to “Amended and Restated.”  Section 8 (Powers of MPA): Additional language added to address California Association of Joint Powers Authorities (CAJPA) accreditation recommendation regarding language specifying limitation of powers.
 Section 17 (Member Responsibilities): Minor re-wording to clarify that obligations continue beyond participation and to better define a Member’s duty to provide requested information and support investigations.  Section 23 (Effect of Withdrawal or Expulsion): Clarified language confirming that withdrawal or expulsion does not relieve a Member from obligations under MPA’s governing documents.
 General Formatting and Language Consistency: Several non-substantive edits were made throughout the document to correct formatting issues that arose during the conversion of the original PDF into an editable format. These changes improve internal consistency and readability without altering meaning.

MPA was approved by the state as of July 1, 1977. It currently comprises 21 member municipalities, primarily located in Contra Costa County, with some in Santa Clara, San Joaquin, and San Mateo counties. MPA was formed primarily to reduce the rising costs of private insurance for liability and workers’ compensation. The founding members agreed to pool fiscal resources and share the cost of administering and litigating claims. This pooling of funds is allowed under the Joint Exercise of Powers Act, Government Code Sections 6500-6599.3.

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02/24/2026
There are over 1800 JPAs in California providing agencies with pooled coverage for benefits, liability, workers' compensation, and other services. By pooling funds, MPA members share the risk and cost of claims, which helps stabilize individual members' exposure. The cost of claims is spread among all members. Pooling also brings economies of scale, providing members with access to additional insurance options that are only available through the pool. This includes employers' liability, property, cyber, crime, and deadly weapons coverage. MPA provides valuable resources for training and education, including a comprehensive wellness program, ergonomics program, dental and vision plans, life insurance, and online training modules. Risk mitigation support includes mandatory safety training, inspection support to ensure regulatory compliance, and required employee certifications.

Participation in a JPA is invaluable for reducing claims exposure and cost. Members receive dividends in years when reserved funds have exceeded actual costs. These dividends aided members during the COVID-19 revenue decline. MPA has also provided members with grants to meet safety needs within their cities/towns.

MPA has a Board of Directors and each member in the pool has a seat on the Board.

The Board decides how claims are managed and what is covered by the pool. Through the Coverage and Governance Committee, the Board reviews the bylaws, the JEPA agreement, and program coverage details annually to determine coverage terms. The JEPA Agreement is the required document that each member’s governing body must approve to join any MPA program.

Below is the list of current members and their inception date as an MPA member:

Member Date Joined
Antioch 5/2/1977
Brentwood 5/2/1977
Clayton 5/2/1977
Danville 2/1/1983
Gilroy 7/1/2015
El Cerrito 5/2/1977
Hercules 5/2/1977
Lafayette 5/2/1977
Manteca 1/1/1998
Martinez 5/2/1977
Moraga 5/2/1977
Mountain House 7/1/2024
Oakley 7/1/2002
Orinda 7/1/1986

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CITY COUNCIL AGENDA ITEM NO. H.1
02/24/2026
Pacifica 7/1/2006
Pinole 5/2/1977
Pittsburg 5/2/1977
Pleasant Hill 5/2/1977
San Pablo 5/2/1977
San Ramon 7/1/1986
Walnut Creek 5/2/1977

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)
Staff does not recommend any alternative options. The Municipal Pooling Authority Amended and Restated Joint Exercise of Powers Agreement is the required document that each member’s governing body must approve to participate in any MPA program.

If the Council were to decide not to participate in MPA, the City would lose its coverage and would be required to find another means of securing insurance for costs associated with general liability, workers’ compensation, and vehicle physical damage. In addition, the City would lose access to additional programs that currently offer coverage for property, crime, cyber, and employee benefits.

ATTACHMENT(S)

1. Previous Action

2. Resolution

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02/24/2026

3. Municipal Pooling Authority Amended and Restated Joint Exercise of Powers Agreement (tracked changes)

4. Exhibit A to the Resolution - Municipal Pooling Authority Amended and Restated Joint Exercise of Powers Agreement

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On January 25, 2005, the City Council adopted Resolutions No. 2005-15, approving the revised Municipal Pooling Authority Joint Exercise of Powers Agreement and Bylaws.

On February 13, 2024, the City Council adopted Resolution No. 2024-13, appointing the Director of Human Resources/Risk Manager as the voting Board Member and City Treasurer/Director of Finance and Information Systems, as the alternate Board Member of the Municipal Pooling Authority Board of Directors.

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RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING THE MUNICIPAL POOLING

AUTHORITY AMENDED AND RESTATED JOINT EXERCISE OF

POWERS AGREEMENT AMONGST THE CITY OF BRENTWOOD AND

OTHER PUBLIC AGENCY MEMBERS
WHEREAS, Government Code Section 6502 provides that two or more public agencies may, by agreement, jointly exercise any power common to the contracting parties, if authorized by their respective legislative or other governing bodies; and WHEREAS, upon execution of an agreement or contract to that end, such authorization would create an agency that is a public entity separate from the parties to the agreement, per Government Code Section 6507; and WHEREAS, under this statutory authority, a new public entity, the Municipal Pooling Authority (MPA), was formed in 1977 by a Joint Exercise of Powers Agreement (JEPA), under which members were afforded the opportunity to insure against various risks jointly, rather than individually; and
WHEREAS, the City became a Member Agency of MPA on May 2, 1977; and WHEREAS, there have been previous amendments to the MPA JEPA; and WHEREAS, the members of MPA now wish to further amend the JEPA; and WHEREAS, an Amended and Restated Joint Exercise of Powers Agreement for MPA, is attached hereto and incorporated herein as Exhibit A.

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

1. Approve the execution of the Municipal Pooling Authority Amended and Restated Joint Exercise of Powers Agreement to provide property, workers’ compensation, public liability, and other coverages; and

2. Authorize the City’s designated primary or alternate MPA Board member to execute the same on behalf of the City.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 10th day of February 2026 by the following vote:

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MUNICIPAL POOLING AUTHORITY

AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT This Amended and Restated Joint Exercise of Powers Agreement (hereafter “Agreement”) is entered into by and among the public entities listed in Appendix A ( hereafter referred to as "Members").

RECITALS

1. The Members are public entities organized and operating under the laws of the State of California;

2. The following State laws, among others, authorize the Members to enter into this Agreement:
a. Labor Code Section 3700, allowing a public entity to fund its own workers' compensation claims;
b. Government Code Sections 989 and 990, permitting a local public entity to insure itself against liability and other losses;
c. Government Code Section 990.4, permitting a public entity to provide insurance and self-insurance inanydesired combination;
d. Government Code Section 990.6, providing that the cost of insurance authorized under the related sections is a proper charge against the local public entity; e. Government Code Section 990.8, permitting two or more local public entities to enter into an agreement to jointly fund such expenditures under the authority of Government CodeSections 6500, et seq.; and
f. Government Code Sections 6500, et seq., permitting two or more local public entities to jointly exercise under an agreement any power which is common to each of them.

3. Each of the Members desires to enter into an agreement with each of the others for the purpose of insuring against various risks jointly, rather than individually.

4. Pursuant to Government Code Section 6508.1, the debts, liabilities and obligations of MPA shall not constitute debts, liabilities, or obligations of the Members.

5. MPA was originally formed by a Joint Powers Agreement in 1977. Since that time the Agreement has been amended several times and Members have withdrawn from and new Members have been added to MPA.

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NOW, THEREFORE, for and in consideration of the mutual benefits, covenants and agreements set forth herein, the Members agree as follows:

SECTION 1
Authority and Purpose
This Agreement is made under the authority of California Government Code Sections 6500, et seq. between the Members. The purpose of this Agreement is to exercise jointly powers common to each Member by managing risks and pooling or purchasing coverage for losses.

SECTION 2
Definitions
Unless the context otherwise requires:

1. "MPA" shall mean the public entity known as the Municipal PoolingAuthority created by thisAgreement.

2. "Board" shall mean the governing body of MPA.

3. "Chief Administrative Officer" shall mean the person appointed by the Board as the Chief Administrative Officer of MPA.

4. "Claim" shall mean a claim or demand made against a Member arising out of an occurrence that is covered or alleged to be covered by any Memoranda of Coverage issued by MPA or by a purchased policy of insurance.

5. "Member" shall mean any public entity listed in Appendix Ato this Agreement.

6. "Memoranda of Coverage" shall mean documents issued by MPA specifying the type, terms, conditions, and limitations of coverage provided by MPA to each Member that participates in the program.

SECTION 3
Creation of MPA
Pursuant to Article 1, Chapter 5, Division 7, Title 1 of the California Government Code (commencing with Section 6500), the parties hereto create a A public entity, separate and apart from the parties hereto and , to be known as the Municipal Pooling Authority, was previously created and is continued .pursuant to Article 1, Chapter 5, Division 7, Title 1 of the California Government Code (commencing with Section 6500).

SECTION 4
Terms ofAgreement
This Agreement is effective as of __________________ and continues until terminated as hereafter provided. The prior Joint Exercise of Powers Agreement is terminated upon the effective date hereof.

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SECTION 5
GoverningBoard
MPA shall be governed by a Board composed of one individual representative from each Member, each serving in an individual capacity as a member of the Board. Each Member's governing body shall appoint to the Board either its Manager or Director, or the department head or staff person, responsible for its risk management function. Each Board member shall have one vote. Each Member shall appoint one Alternate to the Board. The Alternate shall have the same qualifications as the Board member. The Alternate may vote at any meeting of the Board at which the regular Board member is absent.

Other meetings of the Board and meetings of any duly established committees may be held in accordance with applicable law. All meetings of the Board and regular committees shall be held in a manner consistent with the Bylaws and in compliance with the Ralph M. Brown Act (California Government Sections 54950, et seq.). (c) Bvlaws and Regulations. The Board may adopt Bylaws and regulations that are not inconsistent either with applicable law or with this Agreement. In the event the Bylaws or regulations are inconsistent with this Agreement, this Agreement shall control. The Chief Administrative Officer shall send to each Member all such Bylaws and regulations, and any amendments thereto, promptly after adoption by the Board.

SECTION 7
Officers
(a) The Board shall elect a President and Vice-President from among its members to perform the duties set forth in the Bylaws.
(b) The Chief Administrative Officer shall be the Secretary of MPA and shall be responsible for maintaining all records of MPA.
(c) The Board shall elect a Treasurer with the qualifications and to perform the duties set forth in the Bylaws.

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(d) The Board may appoint such other officers, employ individuals, and contract with consultants and other professional persons or firms as it considers necessary to carry out the purposes of this Agreement.

SECTION 8
Powers of MPA
MPA shall have the powers and authority to exercise any powers common to its Members and is hereby authorized, in its own name, to do all acts necessary for the exercise of those such common powers, referred to in the Recitals including, but not limited to, each of the following:
(1) Make and enter into contracts;
(2) Incur debts, liabilities and obligations but no debt, liability or obligation of MPA is a debt, liability or obligation of any Member, pursuant to Government Code Section 6508.1;
(3) Acquire, hold or dispose of real and personal property; (4) Receive contributions and donations of property, funds, services and other forms of assistance from any source;
(5) Sue and be sued in its own name;
(6) Employ agents and employees;
(7) Acquire, construct, manage and maintain buildings;
(8) Lease real or personal property including that of a Member; (9) Receive, collect, invest, and disburse monies; and
(10) Carry out other duties as required to accomplish other responsibilities as set forth in this Agreement.

These powers shall be exercised in the manner provided by law and as expressly set forth in this Agreement. Pursuant to Section 6509 of the California Government Code, the exercise of such powers shall be , subject only to those restrictions upon the manner of exercising the powers which are imposed upon Members such as the City of Pleasant Hill, in the exercise of similar powers.

SECTION 9
Fiscal Year
The "fiscal year" of MPA is the period from the first day of July of each year to and including the 30th day of June of the following year.

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SECTION 10
Coverage Provided by MPA
Pursuant to the payment of contributions by each Member, MPA shall provide coverage pursuant to one or more Memoranda of Coverage and/or purchased policies of insurance under the programs selected by the Member.

SECTION 11
Establishment and Administration of Funds
The Board shall establish such funds as it deems necessary to conduct the business of MPA.

SECTION 12
Budget
MPA shall adopt an annual budget no later than the first day of its fiscal year.

SECTION 13
Member Contributions
The Chief Administrative Officer shall be responsible for calculating annually the amount of contributions to be charged for coverage selected by Members. The Board shall approve each charge before it takes effect. Each Member by the act of paying its contribution accepts the coverage provided by MPA.

The Chief Aministrative Officer shall have the custody of and be responsible for the disbursement of MPA funds as provided by accounting procedures developed in accordance with this Agreement and the Bylaws.

SECTION 15
Reserves
Separate reserves shall be maintained in the funds for each type of coverage.

SECTION 16
MPA Functions and Responsibilities
MPA shall provide comprehensive risk management services to its Members.

Formatted: Normal, Tab stops: Not at 0"

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SECTION 17
Member Responsibilities
Each Member has responsibilities, including the following:
(1) Appoint its representative and alternate to the MPA Board in accordance with the procedures set forth in the Bylawsapplicable practices and procedures; (2) Cooperate fully with MPA in the investigation, defense, and settlement of Claims, including compliance with any applicable Memoranda of Coverage; (3) Comply with risk management recommendations, guidelines, and requirements established by MPA;
(4) Pay contributions and assessments approved by the Board when due; (5) Provide MPA with statistical and loss experience, data and other information requested; and
(6) Cooperate with and assist MPA and any insurer, adjuster, or legal counsel retained by MPA in matters related to this Agreement, any Bylaws adopted by the Board, and any other governing documents, policies, or procedures adopted by the Board.

SECTION 18
New Members
Upon the vote of two-thirds of all members of the Board, any other public entity in Contra Costa County or in the general geographic area reasonably serviceable from Contra Costa County may become a party to this Agreement upon execution of this Agreement, and shall forthwith pay to MPA its current contribution payment as determined in accordance herewith, as well as any fees and expenses set by the Board.

SECTION 19
Cancellation of Coverage i n a Program or Programs
lf a Member fails to comply with this Agreement, any Bylaws adopted by the Board, or any procedures or policies established by the Board, the Board may, by a two-thirds vote of all members of the Board, refuse to provide coverage or may cancel any coverage being provided to that Member in any program(s).

SECTION 20
Termination of Agreement and Disposition of
Assets UponTermination of Agreement
This Agreement may be terminated upon the unanimous consent of all parties to it. Upon complete termination of this Agreement by all Members and the settlement of all liabilities and claims, including incurred but not reported claims, all property of MPA shall be divided among the Members in a ratio equal to that of the total amounts paid by the Members for the five (5) fiscal years preceding the year in which the Agreement is terminated.

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SECTION 21
Withdrawal of a Member
A Member may withdraw as a Member and party to the Agreement, effective at the end of any fiscal year upon giving MPA six (6) months prior written notice of its intent to withdraw.

SECTION 22
Expulsion
The Board, by a three-fourths vote of all members of the Board, may expel any member for the reasons and under the procedures set forth inthe Bylaws.

SECTION 23
Effect of Withdrawal or Expulsion
The withdrawal or expulsion of any Member shall not terminate its responsibilities and obligations as set forth in MPA’s governing documents.

Upon withdrawal of a Member, that Member is entitled only to its pro rata share of the balance of the amount paid by it for the fiscal year in which withdrawal takes place. That Member shall not participate in or be entitled to any other funds, property, or other assets of MPA. Coverages under all pool coverage programs for the coverage periods in which that Member participated will remain in effect and continue until the conclusion of their respective program years.

SECTION 24
Liability and Indemnification
MPA shall defend and indemnify its Board members, officers, and employees to the same extent as any other public entity of the State of California is obliged to defend and indemnify its public employees pursuant to California Government Code Section 825, et seq., or other applicable provisions of law.

MPA may insure or self-insure itself to the extent deemed necessary by the Board against loss, liability and claims arising out of or connected to the conduct of MPA's activities.

SECTION 25
Assessment
Upon a two-thirds vote of all members of the Board, the Board shall have the authority to levy a cash assessment for any pooled coverage program if the Board finds that there are insufficient funds available to MPA to meet its legal obligations.

Any cost, including attorneys' fees, incurred by MPA in collecting any cash assessment shall be reimbursed by the Member against which such collection action has been taken.

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Section 26
Dividends and Premium Rebates
Upon a two-thirds vote of all members of the Board, the Board shall have the authority to declare a dividend, rebate of excess contributions, and/or reduction of future contributions for any pooled coverage program if the Board finds there are excess reserves in the retention fund.

SECTION 27
Severability
lf any portion, term, condition or provision of this Agreement is determined by a court to be illegal or in conflict with a law of the State of California, or is otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions is not affected.

SECTION 28
Prohibition Against Assignment
No Member may assign a right, claim, or interest it may have under this Agreement. No creditor, assignee, or third party beneficiary of a Member has a right, claim, or title to any part, share, interest, fund, premium or asset of MPA.

SECTION 29
Amendment
This Agreement may be amended by Resolution of the governing bodies of two thirds of the then-participating Members. Appendix A to this Agreement may be amended to correctly list current Members without separate action by the governing bodies of the Members or the Board, and provided any additional members execute the Agreement.

SECTION 30
Notices
Notices to Members under this Agreement shall be sufficient if delivered to the office of the Member. Notices to MPA shall be sufficient if delivered to the office of the Chief Administrative Officer.

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IN WITNESS WHEREOF, the parties hereto have executed this Joint Exercise of Powers Agreement as of the day and year first above written.

City of Antioch City of Mountain House
City of Brentwood City of Oakley
City of Clayton City of Orinda
Town of Danville City of Pacifica
City of El Cerrito City of Pinole
City of Gilroy City of Pittsburg
City of Hercules City of Pleasant Hill
City of Lafayette City of San Pablo
City of Manteca City of San Ramon
City of Martinez City of Walnut Creek
Town of Moraga

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A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 1 | 10

MUNICIPAL POOLING AUTHORITY

RECITALS

1. The Members are public entities organized and operating under the laws of the State of California;

2. The followingState laws, among others, authorize the Members to enter into this Agreement:
a. Labor Code Section 3700, allowing a public entity to fund its own workers' compensationclaims;
b. Government Code Sections 989 and 990, permitting a local public entity to insure itself against liability and other losses;
c. Government Code Section 990.4, permitting a public entity to provide insurance and self-insurance inanydesiredcombination.
d. Government Code Section 990.6, providing that the cost of insurance authorized under the related sections is a proper charge against the local public entity. e. Government CodeSection 990.8, permitting two ormore local public entities to enter into an agreement to jointly fund such expenditures under the authorityofGovernment CodeSections6500, et seq.;and
f. Government Code Sections 6500, et seq., permitting two or more l o c a l public entities to jointly exercise under an agreement any power which is common to each ofthem.

3. Each of the Members desires to enter into an agreement with each of the others for the purpose ofinsuring against various risksjointly, rather than individually.

4. Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of MPA shall not constitute debts, liabilities, or obligations of the Members.

5. MPA was originally formed by a Joint Powers Agreement in 1977. Since that time, the Agreement has been amended several times, and Members have withdrawn from, and new Members have beenadded to MPA.

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A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 2 | 10 NOW,THEREFORE, for and inconsideration of the mutual benefits, covenants andagreements setforth herein,the Members agree as follows:

SECTION 1
Authority and Purpose
This Agreement is made under the authority of California Government Code Sections 6500, et seq., between the Members. The purpose of this Agreement is to exercise jointly t h e powers common to each Member by managing risks and pooling or purchasing coverage for losses.

SECTION 2
Definitions
Unless the context otherwise requires:

1. "MPA" shall meanthe public entity known as the Municipal PoolingAuthority created bythis Agreement.

2. "Board" shall mean the governing body of MPA.

3. "Chief Administrative Officer" shall mean the person appointed by the Board as the Chief Administrative Officer of MPA.

5. "Member" shall mean any public entity listed in Appendix AtothisAgreement.

6. "Memoranda of Coverage" shall mean documents issued by MPA specifying the type, terms, conditions, and limitations of coverage provided by MPA to each Member that participates in the program.

SECTION 3
Creation of MPA
A public entity, separate and apart from the parties hereto and known as the Municipal Pooling Authority, was previously created and is continued pursuant to Article 1, Chapter 5, Division 7, Title 1 of the California Government Code (commencing with Section 6500).

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A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 3 | 10 SECTION 4
TermsofAgreement
This Agreement is effective as of January 13, 2026, and continues until terminated as hereafter provided. The prior Joint Exercise of Powers Agreement is terminated upon the effective date hereof.

SECTION 5

1.1.1 GoverningBoard
MPA shall be governed by a Board composed of one individual representative from each Member, each serving in an individual capacity as a member of the Board. Each Member's governing body shall appoint to the Board either its Manager or Director, or the department head or staff person, responsible for its risk management function. Each Board member shall have one vote. Each Member shall appoint one Alternate to the Board. The Alternate shall have the same qualifications as the Board member. The Alternate may vote at any meeting of the Board at which the regular Board member is absent.

SECTION 6
Meetings and Committees
(a) Committees. The Board may establish an Executive Committee comprised of members of the Board and delegate to it any powers or functions not reserved to the entire Board or otherwise nondelegable. Other regular committees may be created by, or in accordance with, the procedures set forth in Bylaws adopted by the Board. Ad hoc committees may, from time to time, be established by the President of the Board to serve as temporary committees for a limited purpose. (b) Meetings. The Board shall hold at least one regular meeting each year. The Board shall fix the date upon which, and the hour and place at which, each regular meeting is to be held, and the Chief Administrative Officer shall notify each Member of that action. Other meetings of the Board and meetings of any duly established committees may be held in accordance with applicable law. All meetings of the Board and regular committees shall be held in a manner consistent with the Bylaws and in compliance with the Ralph M. Brown Act (California Government Sections 54950, et seq.). (c) Bylaws and Regulations. The Board may adopt Bylaws and regulations that are not inconsistent either with applicable law or with this Agreement. In the event the Bylaws or regulations are inconsistent with this Agreement, this Agreement shall control. The Chief Administrative Officer shall send to each Member all such Bylaws and regulations, and any amendments thereto, promptly after adoption by the Board.

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A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 4 | 10 SECTION 7

1.1.2 Officers
(a) The Board shall elect a President and Vice-President from among its members to perform the duties set forth in the Bylaws.
(b) The Chief Administrative Officer shall be the Secretary of MPA and shall be responsible for maintaining all records of MPA.
(c) The Board shall elect a Treasurer with the qualifications and to perform the duties set forth in the Bylaws.
(d) The Board may appoint such other officers, employ individuals, and contract with consultants and other professional persons or firms as it considers necessary to carry out the purposes of this Agreement.

SECTION 8
Powers of MPA
MPA shall have the powers and authority to exercise any powers common to its Members and is hereby authorized, in its own name, to do all acts necessary for the exercise of such common powers, including, but not limited to, each of the following:
(1) Make and enter into contracts;
(2) Incur debts, liabilities, and obligations, but no debt, liability, or obligation of MPA is a debt, liability, or obligation of any Member, pursuant to Government Code Section 6508.1; (3) Acquire, hold, or dispose of real and personal property; (4) Receive contributions and donations of property, funds, services, and other forms of assistance from any source;
(5) Sue and be sued in its own name;
(6) Employ agents and employees;
(7) Acquire, construct, manage, and maintain buildings;

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A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 5 | 10 (8) Lease real or personal property, including that of a Member; (9) Receive, collect, invest, and disburse monies; and
(10) Carry out other duties as required to accomplish other responsibilities as set forth in this Agreement.

These powers shall be exercised in the manner provided by law and as expressly set forth in this Agreement. Pursuant to Section 6509 of the California Government Code, the exercise of such powers shall be subject only to those restrictions upon the manner of exercising the powers which are imposed upon Members, such as the City of Pleasant Hill, in the exercise of similar powers.

SECTION 9
Fiscal Year
The "fiscal year" of MPA is the period from the first day of July of each year to and including the 30th day of June of the following year.

SECTION 10
Coverage Provided byMPA
Pursuant to the payment of contributions by each Member, MPA shall provide coverage pursuant to one or more Memoranda of Coverage and/or purchased policies of insurance under the programs selected by the Member.

SECTION 11

1.1.3 Establishment and Administration of Funds
The Board shall establish such funds as it deems necessary to conduct the business of MPA.

SECTION 12

1.1.4 Budget
MPA shall adopt an annual budget nolater than the first day of itsfiscal year.

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A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 6 | 10 SECTION 13

1.1.5 Member Contributions
The Chief Administrative Officer shall be responsible for calculating annually the amount of contributions to be charged for coverage selected by Members. The Board shall approve each charge before it takes effect. Each Member, by the act of paying its contribution, accepts the coverage provided by MPA.

SECTION 14
Accounts and Records
The Chief Administrative Officer shall be responsible for establishing and maintaining the funds and accounts in accordance with acceptable accounting practices and maintaining such other records as the Board requires pursuant to the procedures set forth in the Bylaws. The Chief Administrative Officer shall have the custody of and be responsible for the disbursement of MPA funds as provided by accounting procedures developed in accordance with this Agreement and the Bylaws.

SECTION 15

1.1.6 Reserves
Separate reserves shall be maintained in the funds for each type of coverage.

SECTION 16

1.1.7 MPA Functions and Responsibilities
MPA shall provide comprehensive risk management services to its Members.

SECTION 17

1.1.8 Member Responsibilities
Each Member has responsibilities, including the following:
(1) Appoint its representative and alternate to the MPA Board in accordance with the applicable practices and procedures.
(2) Cooperate fully with MPA in the investigation, defense, and settlement of Claims, including compliance with any applicable Memoranda of Coverage.

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A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 7 | 10 (3) Comply with risk management recommendations, guidelines, and requirements established by MPA;
(4) Pay contributions and assessments approved by the Board when due. (5) Provide MPA with data and other information requested; and (6) Cooperate with and assist MPA and any insurer, adjuster, or legal counsel retained by MPA in matters related to this Agreement, any Bylaws adopted by the Board, and any other governing documents, policies, or procedures adopted by the Board.

SECTION 19
Cancellation of Coverage in a Program or Programs
lf a Member fails to comply with this Agreement, any Bylaws adopted by the Board, or any procedures or policies established by the Board, the Board may, by a two-thirds vote of all members of the Board, refuse to provide coverage or may cancel any coverage being provided to that Member in any program(s).

SECTION 20
Termination of Agreement and Disposition of
AssetsUponTerminationofAgreement
This Agreement may be terminated upon the unanimous consent of all parties to it. Upon complete termination of this Agreement by all Members and the settlement of all liabilities and claims, including incurred but not reported claims, all property of MPA shall be divided among the Members in a ratio equal to that of the total amounts paid by the Members for the five (5) fiscal years preceding the year in which the Agreement is terminated.

SECTION 21
Withdrawal of aMember
A Member may withdraw as a Member and party to the Agreement, effective at the end of any fiscal year upon giving MPA six (6) months priorwritten notice of its intenttowithdraw.

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A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 8 | 10 SECTION 22
Expulsion
The Board, by a three-fourths vote of all members of the Board, may expel any member for the reasons and under the procedures setforth inthe Bylaws.

SECTION 23
Effect ofWithdrawal or Expulsion
The withdrawal or expulsion of any Member shall not terminate its responsibilities and obligations as set forth in MPA’s governing documents.

MPA may insure or self-insure itself to the extent deemed necessary by the Board against loss, liability and claims arising out of or connected to the conduct of MPA's activities.

Any cost, including attorneys' fees, incurred by MPA in collecting any cash assessment shall be reimbursed by the Member against which such collection action has been taken.

Section 26
Dividends and Premium Rebates

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A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 9 | 10 Upon a two-thirds vote of all members of the Board, the Board shall have the authority to declare a dividend, rebate of excess contributions, and/or reduction of future contributions for any pooled coverage program if the Board finds there are excess reserves in the retention fund.

SECTION 29
Amendment
This Agreement may be amended by Resolution of the governing bodies of two- thirds of the thenparticipating Members. Appendix A to this Agreement may be amended to correctly list current Members without separate action by the governing bodies of the Members or the Board, and provided any additional members execute the Agreement.

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A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 10 | 10 Member Date Joined
Antioch 5/2/1977
Brentwood 5/2/1977
Clayton 5/2/1977
Danville 2/1/1983
Gilroy 7/1/2015
El Cerrito 5/2/1977
Hercules 5/2/1977
Lafayette 5/2/1977
Manteca 1/1/1998
Martinez 5/2/1977
Moraga 5/2/1977
Mountain House 7/1/2024
Oakley 7/1/2002
Orinda 7/1/1986
Pacifica 7/1/2006
Pinole 5/2/1977
Pittsburg 5/2/1977
Pleasant Hill 5/2/1977
San Pablo 5/2/1977
San Ramon 7/1/1986
Walnut Creek 5/2/1977

MUNICIPAL POOLING AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT Appendix A - List of MPA Members

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CITY COUNCIL AGENDA ITEM NO. H.2
02/24/2026
SUBJECT: Adopt a Resolution Appointing Thomas Lloyd Smith of Redwood Public Law as Interim City Attorney and Authorizing the Mayor to execute an agreement between the City of Brentwood and
Redwood Public Law
DEPARTMENT: Human Resources
STAFF: Sukari Beshears, Director of Human Resources/Risk Manager

TITLE/RECOMMENDATION
A Resolution Appointing Thomas Lloyd Smith of Redwood Public Law as Interim City Attorney and Authorizing the Mayor to execute an agreement between the City of Brentwood and Redwood Public Law.

Staff recommends this proposed action to ensure the City of Brentwood has dedicated internal legal services.

FISCAL IMPACT
The proposed agreement calls for compensation based on an hourly billing rate as detailed in the agreement. The Counsel billing rate is proposed to be $388 per hour for General Services and $425 per hour for Cost Recovery, Litigation and Specialty Services with higher rates for Partner services, and lower rates for Associate and Paralegal Services. The agreement is capped at a not-to-exceed amount of $250,000.

The costs associated with this interim appointment have been budgeted in the adopted Fiscal Year 2025/26 General Fund Operating Budget under the City Attorney’s Office and will come from the salary savings associated position vacancies.

No budget amendment is required.

BACKGROUND
The City Council has selected Peckham and McKenney, an executive recruiting firm, to conduct a recruitment to fill the upcoming vacancy of City Attorney Katherine Wisinski, whose last official day is Saturday, March 7, 2026. Until the recruitment

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CITY COUNCIL AGENDA ITEM NO. H.2
02/24/2026
process concludes and the City Council selects a permanent city attorney, it is appropriate to appoint an Interim City Attorney.

On January 13, 2026, the City Council authorized city staff to discuss contract terms associated with the possible appointment of Thomas Lloyd Smith of Redwood Public Law as Interim City Attorney. The attached resolution memorializes Thomas Lloyd Smith’s appointment and authorizes the Mayor to execute an agreement between the City of Brentwood and Redwood Public Law.

The staff report and resolution have been reviewed and approved by outside legal counsel that specializes in employment law.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
None.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
Staff does not recommend any alternative actions. The Interim City Attorney appointment will ensure that the City of Brentwood has dedicated internal legal services to provide to the City Council and city staff.

ATTACHMENT(S)

1. Resolution

2. Exhibit A – City of Brentwood and Redwood Public Law Agreement

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RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPOINTING THOMAS LLOYD SMITH OF

REDWOOD PUBLIC LAW AS INTERIM CITY ATTORNEY AND

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT

BETWEEN THE CITY OF BRENTWOOD AND REDWOOD PUBLIC
LAW
WHEREAS, with the resignation of City Attorney Katherine Wisinski effective March 7, 2026, and the recruitment for the city attorney position, it is appropriate to appoint an Interim City Attorney until the recruitment process concludes, the City Council appoints a City Attorney, and employment commences; and WHEREAS, on January 13, 2026, the City Council authorized city staff to discuss contract terms associated with the possible appointment of Thomas Lloyd Smith of Redwood Public Law as Interim City Attorney; and WHEREAS, this resolution authorizes the mayor to execute an agreement between the City of Brentwood and Redwood Public Law for legal services of Thomas Lloyd Smith as Interim City Attorney; and
WHEREAS, the proposed agreement calls for compensation based on an hourly billing rate as detailed in the agreement, with a Counsel billing rate proposed at $388 per hour for General Services and $425 per hour for Cost Recovery, Litigation and Specialty Services, with a not-to-exceed contract amount of $250,000; and WHEREAS, the costs associated with this interim appointment have been budgeted in the adopted Fiscal Year 2025/26 General Fund Operating Budget under the City Attorney’s Office and will come from the salary savings associated position vacancies and no budget amendment is required.

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

1. Approve the appointment of Thomas Lloyd Smith of Redwood Public Law, effective March 6, 2026, as Interim City Attorney for the City of Brentwood, subject to the discretion of the City Council, and will have the powers and duties granted the City Attorney by State and Federal law, the Brentwood Municipal Code, and City policies, until such time the Council appoints a City Attorney and employment commences with the City or the City Council and Redwood Public Law agree to end the contract; and

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Page 2 of 2 ends

2. Authorize the Mayor to execute an agreement between the City of Brentwood and Redwood Public Law.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 24th day of February 2026 by the following vote:

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AGREEMENT FOR LEGAL SERVICES
Redwood Public Law, LLP
THIS AGREEMENT FOR LEGAL SERVICES is made and entered into as of the 24th day of February, 2026 by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and Redwood Public Law, LLP, a California Limited Liability Partnership, ( "Redwood Public Law") (each a “Party” and collectively, the “Parties”).

RECITALS
A. City requires the professional services of an Interim City Attorney specifically trained and experienced in municipal law and public agency representation, including the provision of interim city attorney services, which are legal services.

B. Government Code section 36505 provides that the city council may appoint a city attorney, and Government Code section 36506 further provides that appointive officers shall serve at the pleasure of the city council, and that the city council shall fix their compensation.

C. Thomas Lloyd Smith (“Smith”) is employed by Redwood Public Law, has the professional skills and experience necessary to perform the services described in this Agreement, and is licensed to practice law in the State of California by the California State Bar.

D. Redwood Public Law customarily engages in these services as part of its independently established profession, separately from its work for City, and is a law firm whose attorneys are licensed to provide legal services to public agencies in the State of California.

E. City desires to engage Smith to serve as Interim City Attorney through Redwood Public Law by reason of his qualifications and experience in performing such services.

F. Redwood Public Law has affirmed its willingness and ability to have Smith perform such work on the terms and manner set forth in this Agreement.

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

1. Scope of Work.

1.1 Thomas Lloyd Smith will serve as Interim City Attorney for the City, pursuant to Government Code section 36505. The City retains Redwood Public Law, as an independent contractor, as the firm through which Thomas Lloyd Smith will provide the legal services (the "Services") that are described in the attached Exhibit "A," which is incorporated by this reference, pursuant to this Agreement’s terms and conditions.

1.2 As Interim City Attorney, Smith shall exercise independent professional legal judgment in the performance of the Services in accordance with the Rules of Professional Conduct of the State Bar of California. Government Code section 41801 provides that “[t]he city attorney shall advise the city officials in all legal matters pertaining to city business,” section 41802 provides that “[t]he city attorney shall frame an ordinance or resolution required by the legislative body,” and section 41803 provides that “[t]he city attorney shall perform other legal services required from time to time by the legislative body”.

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

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2 1.4 As Interim City Attorney, Smith shall determine the staffing of legal matters in the exercise of professional legal judgment, including the use of attorneys and staff from Redwood Public Law or the engagement of outside or special counsel.

2. Standard of Performance. Redwood Public Law acknowledges that in entering into this Agreement the City is relying on Redwood Public Law’s special skills and experience in the provision of legal services.

Redwood Public Law shall perform the Services in accordance with the standards of care, professional competence, and ethical obligations applicable to attorneys licensed to practice law in the State of California. The City’s acceptance of any Services shall not relieve Redwood Public Law of these obligations.

Attorneys and staff providing the Services shall be supervised by the Interim City Attorney in the exercise of professional legal judgment, consistent with applicable law and ethical obligations.

3. Term. Unless earlier terminated, the term of this Agreement shall commence on and shall continue until terminated pursuant to Section 21.

4. Reserved.

5. Compensation.

5.1 City shall compensate Redwood Public Law on a time-and-materials basis in accordance with the hourly rates, billing practices, travel time provisions, and cost reimbursement terms set forth in Exhibit “B”, which is incorporated herein by this reference. The total fee payable for the Services to be performed during the term of this Agreement will be a not to exceed amount of dollars ($250,000) as may be further specified in the
attached Exhibit “B.” No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement.

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

5.3 Within thirty (30) days after receipt of any applicable progress payment request, City will verify the accuracy of the request, correct the charges where appropriate, and make payment to Redwood Public Law in an amount equal to the amount of such application, as verified or corrected by City. Any payment made prior to rendering the Services shall not constitute acceptance of any part of the Services.

6. Status of Redwood Public Law. Redwood Public Law will perform the Services as an independent contractor, except that, as Interim City Attorney, Smith’s client is the City, acting through the City Council, and Smith shall take direction from the City Council as to objectives and priorities, while maintaining independent legal judgment and ethical obligations. The persons used by Redwood Public Law to provide the Services under this Agreement will not be considered employees of City for any purposes whatsoever and City will not pay any tax, workers’ compensation insurance, retirement contributions or unemployment contributions on behalf of Redwood Public Law or its employees or agents. Redwood Public Law agrees to indemnify and pay City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment, including, but not limited to, those based on any provision of the Federal Affordable Care Act, which City may be required to make on behalf of Redwood Public Law or any agent or employee of Redwood Public Law for work done under this Agreement. The payment made to Redwood Public Law pursuant to the Agreement will be the full and complete compensation to which Redwood Public Law is entitled. City will not make any federal or state tax withholdings on behalf of Redwood Public Law or its agents or employees. At the City’s election, City may deduct the amounts paid pursuant to this Section from any balance owing to Redwood Public Law.

7. Staffing and Assignment of Legal Work. As Interim City Attorney, Thomas Lloyd Smith shall determine the staffing and assignment of legal matters in the exercise of professional legal judgment and in the best interests of the City. In making staffing decisions, Smith’s primary objectives shall be to ensure that the City receives high-quality legal representation in a cost-effective, timely, and conflict-free manner.

Smith may assign legal work to in-house City Attorney staff, attorneys and staff of Redwood Public Law, or Two hundred fifty thousand
On
March 6, 2026

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3 engage outside or special counsel, as appropriate, based on the nature and complexity of the matter, the availability and expertise of legal personnel, cost considerations, and the need to maintain continuity and institutional knowledge. When specialized expertise is required or when it is otherwise in the City’s best interests, Smith may engage outside or special counsel and shall consider the qualifications, experience, responsiveness, and ability of such counsel to coordinate effectively with the City and the City Attorney’s Office. Any engagement of outside or special counsel shall comply with applicable law and City procurement requirements, and shall include a defined assignment and fee arrangement.

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

9. Indemnification. City acknowledges that Thomas Lloyd Smith is being appointed as Interim City Attorney, pursuant to Government Code section 36505, and is serving as Interim City Attorney working through Redwood Public Law. Accordingly, City shall provide defense and indemnification to Thomas Lloyd Smith, Redwood Public Law, LLP, and the attorneys and staff providing Services through Redwood Public Law for acts within the course and scope of the Services and the performance of City Attorney duties as required by Government Code sections 825 and 995, as applicable.

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

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

If Redwood Public Law believes that any required insurance coverage is inadequate, Redwood Public Law will obtain such additional insurance coverage, as Redwood Public Law deems adequate, at Redwood Public Law's sole expense.

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

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

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

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

10.2 Endorsements. For Commercial General Liability Insurance, Redwood Public Law will ensure that the policies are endorsed to name the City, its officers, agents, volunteers and employees as

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4 additional insureds. Prior to City's execution of this Agreement, Redwood Public Law will furnish, to the satisfaction of the City, certificates of insurance and endorsements.

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

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

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

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

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

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

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

12. Maintenance of Records. Redwood Public Law will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Redwood Public Law will allow a representative of City during normal business hours to examine, audit, and make copies of non-privileged records and documents reasonably related to the Services and billing pursuant to this Agreement for a period of three (3) years from the date of termination of this Agreement.

13. Ownership of Documents.

13.1 All work product produced by Redwood Public Law or its agents or employees pursuant to this Agreement (the “Work Product”) is the property of City, subject to the attorney-client privilege, work product doctrine, and Redwood Public Law’s ethical record-retention obligations. In the event this Agreement is terminated, all Work Product produced by Redwood Public Law or its agents or employees pursuant to this Agreement will be delivered to City pursuant to the termination clause of this Agreement.

Redwood Public Law will have the right to make one (1) copy of the Work Product for Redwood Public Law’s records.

13.2 The Work Product may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable, without further employment of or payment of any compensation to Redwood Public Law; provided, however, that if this Agreement is terminated for any reason prior to completion of the Services and if under such circumstances City uses, or engages the services of and directs another consultant to use, the Work Product, City agrees to hold Redwood Public Law harmless from any and all liability, costs, and expenses relative to claims

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5 arising out of matters and/or events which occur subsequent to the termination of this Agreement as a result of causes other than the fault or negligence of Redwood Public Law, or anyone for whose acts it is responsible, in preparation of the Work Product. Redwood Public Law will not be responsible for deficiencies solely attributable to modifications of the Work Product performed by others.

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

15. Confidentiality. Redwood Public Law shall maintain the confidentiality of all information protected by the attorney-client privilege, work product doctrine, and applicable law. To provide efficient and convenient legal services, the City and Redwood Public Law may communicate and transmit documents using email and other electronic means. The City acknowledges that electronic communications may involve risks related to confidentiality and security and consents to the use of such electronic communications between the City, Redwood Public Law, and their respective representatives and agents.

In addition, Redwood Public Law utilizes cloud-based computing and data storage services, which may store data on servers located outside of Redwood Public Law’s physical offices. Electronic data, including emails and documents relating to the Services, may be stored using such cloud-based services. By entering into this Agreement, the City understands and consents to the storage of communications, documents, and information relating to the Services in such cloud-based systems. Redwood Public Law shall take reasonable precautions to ensure that electronic communications and stored data are maintained securely and in a manner consistent with its professional and ethical obligations.

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

For City: For Redwood Public Law:

City of Brentwood
150 City Park Way
Brentwood, CA 94513
Phone No. (925) 516-5191
Facsimile No. (925) 516-5446
Attn: Sukari Beshears, Director of
Human Resource/Risk Manager
Name: Richard D. Pio Roda
Title: Partner
Address: 300 Frank H. Ogawa Plaza, Suite 430
Oakland, CA 94612
Phone: (510) 877-5845
Attn: Richard Pio Roda, Partner
Name: Sheilah Buack-Shelton
Title: Executive Director
Address: 300 Frank H. Ogawa Plaza, Suite 430
Oakland, CA 94612
Phone: (510) 721-3210
Attn: Sheilah Buack-Shelton
Either Party may change its address for purposes of this section by giving the other Party written notice of the new address in the manner set forth above.

17. Conflicts of Interest.

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

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6 17.2 Redwood Public Law understands that its professional responsibility is solely to City.

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

17.3 Redwood Public Law’s representation is subject to the Rules of Professional Conduct. City acknowledges that Redwood Public Law represents other public agencies and consents to such representation consistent with conflict waiver provisions in Exhibit “C”, which is incorporated herein by this reference.

18. General Compliance with Laws. Redwood Public Law will keep fully informed of federal, state and local laws and ordinances and regulations (“Laws”) which in any manner affect those employed by Redwood Public Law, or in any way affect the performance of the Services by Redwood Public Law. Redwood Public Law will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of the Services with all applicable laws, ordinances and regulations.

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

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

21. Termination. In the event of the Redwood Public Law's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Redwood Public Law in writing pursuant to the notice provisions of this Agreement. Redwood Public Law has five (5) business days, to the extent practicable, to deliver any documents owned by City and all work in progress to the City address contained in this Agreement.

Either Party, upon tendering thirty (30) calendar days written notice to the other Party, may terminate this Agreement for convenience. Redwood Public Law may withdraw for good cause as permitted under the Rules of Professional Conduct. In this event and upon request of City, Redwood Public Law will assemble the work product and put it in order for proper filing and closing and deliver it to City. Redwood Public Law will be paid for work performed to the termination date.

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

23. Claims And Lawsuits. By signing this Agreement, Redwood Public Law agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Redwood Public Law acknowledges that if a false claim is submitted to City by Redwood Public Law, it may be considered fraud and Redwood Public

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7 Law may be subject to criminal prosecution. Redwood Public Law acknowledges that California Government Code sections 12650 et seq., the False Claims Act, applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees.

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

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

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

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

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

29. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it embody the entire Agreement and understanding between the parties relating to the subject matter of it. This Agreement may be amended only by a written instrument executed by both Parties.

Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties.

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

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

32. Signatures.

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

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

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

REDWOOD PUBLIC LAW, LLP
* By:

Richard D. Pio Roda, Partner
CITY:

By:

G. Harold Duffey, City Manager
ATTEST:

By:

Amanda McVey, City Clerk
APPROVED AS TO FORM:

By:

Katherine Wisinski, City Attorney
If a partnership:

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

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9 EXHIBIT “A”

SCOPE OF SERVICES
A. Role
Thomas Lloyd Smith shall provide Interim City Attorney services for the City of Brentwood, pursuant to Government Code section 36505, working through Redwood Public Law, LLP (“Redwood Public Law”).

Redwood Public Law is the contracting law firm through which such legal services are provided. Smith shall serve as the City’s Interim City Attorney during the term of the Agreement and shall perform all legal services required and authorized by law of a city attorney, except as otherwise directed by the City Council.

B. General Municipal Legal Services
As Interim City Attorney, Smith, working through Redwood Public Law, shall provide general municipal legal services to the City, which may include, but are not limited to, the following:

1. Providing legal advice and counsel to the City Council, City commissions, the City Manager, and City officers and staff on matters of municipal law and governance;

2. Attending regular and special meetings of the City Council, as requested, and providing legal advice during such meetings;

3. Preparing, reviewing, and approving ordinances, resolutions, contracts, agreements, staff reports, agenda materials, and other legal documents;

4. Advising the City regarding compliance with applicable federal, state, and local laws, including but not limited to the Brown Act, Public Records Act, Political Reform Act, Government Claims Act, and conflict-of-interest and ethics laws;

5. Providing advice and assistance regarding elections, ballot measures, and related election law matters;

6. Advising City staff and officials on land use, zoning, planning, housing, public works, public finance, and other municipal matters, as requested;

7. Providing advice and assistance regarding risk management, claims, and dispute resolution

8. Working in City Hall on Tuesdays and Wednesdays of each week for critical meetings, including City Council meetings and Department Director meetings, and being available by Zoom on Mondays for meetings.

C. Litigation and Claims Oversight
As Interim City Attorney, Smith, working through Redwood Public Law, shall:

1. Advise the City regarding threatened, pending, or anticipated litigation and administrative proceedings;

2. Represent the City in litigation and administrative proceedings, or coordinate and oversee outside litigation counsel when appropriate;

3. Manage claims, including matters arising under the Government Claims Act, and advise the City regarding settlement authority and litigation strategy, subject to City Council approval where required by law or City Policy.

D. Management of the City Attorney’s Office
As Interim City Attorney, Smith, working through Redwood Public Law, shall:

1. Manage and supervise the City Attorney’s Office, including any in-house attorneys, professional staff, or legal support personnel;

2. Assign and supervise legal work among City Attorney’s Office personnel, Redwood Public Law attorneys and staff, and attorneys who have previously been contracted to provide services to the City in the exercise of professional legal judgment. In this regard, the Interim City Attorney shall endeavor to employ the existing staff of the City Attorney’s Office as a primary means of completing legal work prior to assigning such work to any third-party attorney;

3. Recommend the retention of outside or special counsel when appropriate, subject to City Council

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10 approval

4. Ensure that records pertaining to City personnel are maintained at City Hall.

E. Advisory, Policy, and Training Services
Redwood Public Law, through Thomas Lloyd Smith, may also provide:

1. Policy counseling and strategic legal advice to the City Council and City executive leadership;

2. Legal updates and training for City Council members, City commissions, and City staff regarding changes in law and best practices affecting municipal operations;

3. Assistance with complex, novel, or time-sensitive legal issues requiring immediate attention.

F. Exclusions and Limitations
Unless otherwise authorized by the City Council or agreed to in writing by the City Manager:

1. Redwood Public Law shall not represent individual City officials or employees in their personal capacities;

2. Matters requiring specialized legal expertise outside the scope of general municipal law shall be handled by outside or special counsel, unless Redwood Public Law is specifically authorized to provide such services.

G. Fees and Billing
All legal services performed pursuant to this Exhibit “A” shall be billed in accordance with Exhibit “B”, including the applicable hourly rates, billing practices, travel time provisions, and cost reimbursement terms set forth therein.

H. Non-Exclusivity
Nothing in this Exhibit “A” shall be construed to limit the City’s right to retain other legal counsel or consultants for specific matters, nor to limit Redwood Public Law’s ability to represent other clients, subject to applicable conflict-of-interest rules and waivers.

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11 EXHIBIT “B”

RATE SCHEDULE AND DEFINITIONS
General Services
Title Rate
Partner $425
Counsel $388
Associate $347
Paralegal $200
General Services means routine and ongoing municipal legal services customarily provided by a city attorney that do not involve active litigation or matters subject to third-party reimbursement. General Services include, without limitation: providing legal advice and counsel to the City Council, City commissions, the City Manager, and City officers and staff; reviewing, drafting, and approving ordinances, resolutions, contracts, agreements, staff reports, agenda materials, and other municipal documents; advising on compliance with applicable federal, state, and local laws, including the Brown Act, Public Records Act, Political Reform Act, and ethics and conflict-of-interest laws; attending regular City Council meetings and meetings with City staff when requested; providing legal updates, policy advice, and training to City officials and staff; and other general municipal legal services ordinarily performed by a city attorney in the course of day-to-day City operations.

Cost Recovery and Litigation Matters
Title Rate
Partner $540
Counsel $475
Associate $390
Paralegal $240
Cost Recovery and Litigation Matters means legal services involving disputes, claims, proceedings, or matters for which the City may seek or receive reimbursement from third parties, or that involve a heightened level of legal risk, complexity, or adversarial process. Cost Recovery and Litigation Matters include, without limitation: litigation and litigation-related services; pre-litigation claims analysis and claims handling; mediation, arbitration, and other alternative dispute resolution proceedings; administrative hearings and proceedings; representation of the City in state or federal court; coordination and oversight of outside litigation or special counsel; matters funded or reimbursed by applicants, developers, insurers, responsible parties, or other external sources; and specialized or project-based legal matters such as labor and employment, land use, environmental law, eminent domain, housing, construction, public finance disputes, or other matters requiring enhanced subject-matter expertise or intensive legal resources.

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12 Specialty Services
Title Rate
Partner $540
Counsel $475
Associate $390
Paralegal $240
Specialty Services means non-routine legal matters involving specialized areas of law that require advanced expertise and are not part of General Services. Specialty Services are distinct from routine municipal legal services. Specialty Services may include, without limitation, analysis and advice regarding CEQA and environmental matters; tax and public financing matters; eminent domain services; enterprise fund and special fund legal services; formation of financing mechanisms, including assessment, tax, or financing districts; non-routine labor and employment matters; non-routine land use advice and analysis; litigation, including pre-litigation claims, mediation, arbitration, administrative proceedings, and formal hearings; construction and facilities matters, including construction litigation; non-routine public works contracting matters, including claims and disputes; non-routine real estate matters, including acquisition or disposition; non-routine housing matters; and Successor Agency matters.

The hourly rates for Redwood Public Law’s Specialty Services shall be subject to approval by the City Council, or may be approved in writing by the City Manager. If such rates are not approved, the Interim City Attorney may seek qualified outside counsel to perform the Specialty Services in accordance with applicable law and City policies.

Travel Time
The City of Brentwood agrees to pay fifty percent (50%) of the applicable hourly rate for the time legal personnel spend traveling locally and out-of-town. The City will be charged for transportation, meals, lodging and all other costs of any necessary out-of-town travel by Redwood Public Law legal personnel.

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13 Conflicts of Interest
Redwood Public Law’s practice involves the representation of many public and private entities in the State of California. It is not uncommon for such entities to hold views on matters of public policy, governmental operations, or legal strategy that differ from one another.

Redwood Public Law performs a variety of professional services for public agency clients, and it is possible that Redwood Public Law may represent other cities or public agencies on matters that are unrelated to the City’s matters, or that involve public policy, business strategy, or legal positions that differ from, or may be adverse to, those of the City.

By entering into this Agreement, the City expressly agrees to waive any actual or potential conflicts of interest that may arise from such future representations, agrees that it will not seek to disqualify Redwood Public Law on the basis of such representations, and acknowledges that Redwood Public Law is free to represent such other public agency clients on such unrelated matters.

The City acknowledges that it does not object to Redwood Public Law’s representation of other cities or public agencies on matters in which those entities’ legal, governmental, or political objectives or positions may differ from or be adverse to those of the City, and the City waives any conflicts of interest arising from Redwood Public Law’s representation of such other public agency clients with differing legal, business, governmental, or political interests. The City further agrees that it will not assert any conflict of interest or seek to disqualify Redwood Public Law based on such representations, notwithstanding any such adversity.

The City further agrees that, in the event the attorney-client relationship between the City and Redwood Public Law is terminated, Redwood Public Law may thereafter represent another public agency client, including on matters that the City may consider adverse, and the City waives any conflict of interest in connection with such representation.

Notwithstanding the foregoing, nothing in this Exhibit “C” permits Redwood Public Law to represent another public agency client in the same matter in which Redwood Public Law represents the City, or to represent another public agency client if there would be a significant risk that such representation would be materially limited by Redwood Public Law’s responsibilities to the City. Any such representation would require Redwood Public Law to obtain the City’s informed written consent and the informed written consent of the other client, in accordance with the applicable Rules of Professional Conduct.

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CITY COUNCIL AGENDA ITEM NO. H.3
02/24/2026
SUBJECT: Sale of City-Owned Property Located at Harvest Park Drive and Guthrie Lane
DEPARTMENT: City Manager’s Office
STAFF: Harold Duffey, City Manager
Ricardo Noguera, Economic Development Manager

TITLE/RECOMMENDATION
Adopt a resolution approving and authorizing the City Manager, or designee, to execute an Agreement for Purchase and Sale of real property to 2485 Technology Drive, LLC, or related entity, in substantial conformance with the attached agreement, for City-owned property located at Harvest Park Drive and Guthrie Lane (APN 010-150-040), and authorizing execution of other documents as necessary to complete the transaction.

FISCAL IMPACT
Should the City Council approve the Purchase and Sales Agreement with 485 Technology Drive, LLC, and the sale of the property in “as-is” condition takes place, proceeds would be approximately $700,000.

Of this amount, $330,000 would be transferred to the Roadway Development Impact Fee (DIF) Fund. In 2015, the City Council approved an interfund loan from the Roadway DIF Fund to pay for grading improvements on the property at Harvest Park Drive and Guthrie Lane. When the interfund loan was approved, the terms required that the loan was to be repaid to the Roadway DIF Fund from proceeds of the future sale of the parcel.

The remaining balance of the proceeds, approximately $370,000, would be deposited into the City’s General Fund.

BACKGROUND
The City owns a 2.87-acre (125,017 square foot) commercially-zoned parcel on the southeast corner of Harvest Park Drive and Guthrie Lane (the Property) which is located in the southeast section of the City. The site has a rectangular shape and has

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CITY COUNCIL AGENDA ITEM NO. H.3
02/24/2026
level topography and is zoned Planned Development 12 (PD-12), which allows for a variety of office and light industrial uses. This includes business and professional offices such as architects, attorneys, accountants, engineers, insurance agencies, real estate, medical, dental, optical and other professional and general business offices.

Similar uses may also be allowed subject to approval by the Community Development Director. (Brentwood Municipal Code Chapter 17.462.)
Surplus Land Act Process
In 2020, the Property, along with thirteen (13) others, was declared surplus. The disposition or sale of surplus real property by the City is governed by the California Surplus Lands Act (SLA) (California Government Code 54220, et seg.), while the position of Successor Agency-owned properties must also follow other laws. Final decisions regarding the disposition of City-owned real estate rest with the City Council.

In May 2023, the City Council updated City Council/Administrative Policy No. 10-20, Disposition of City/Agency Real Estate, (Attachment 5), which provides detailed guidelines for the sale of City and Successor Agency-owned property. Staff has followed the SLA process and is now moving forward with the sale of the property as required by City Council/Administrative Policy 10-20. Although the property is currently not zoned for residential development, in accordance with the SLA, an affordable housing covenant (Attachment 6) must be recorded against the property and will be included in the property’s sale.

Proposed Project
The potential buyer, 2485 Technology Drive, LLC, (the Buyer), is owned by a local construction company with over 20 years of operations in the City of Brentwood, who has deep roots in the community, having been founded in Brentwood. They currently operate their business in a building that they developed on Technology Drive, and recently broke ground on a new 10,000 square foot light industrial development on Technology Drive this past October 2025.

The Buyer is proposing to purchase the City-owned property located at Harvest Park Drive and Guthrie Lane to develop a light industrial/office flex building consisting of approximately 30,000 to 35,000 square feet to support multiple tenants. The building’s design will align with the character of the surrounding neighborhood, ensuring compatibility and enhancing the area’s aesthetics.

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CITY COUNCIL AGENDA ITEM NO. H.3
02/24/2026
Purchase and Development
The Buyer has agreed to purchase the property for $700,000 (the appraised price), and is in the process of securing financing, and is prepared to commence development within a reasonable timeframe. With single digit vacancies for industrial purposes across the City, the buyer/developer anticipates high demand for such space. The proposed development aligns with the General Plan Land Use Designation and the City’s zoning as a conditionally permitted use. The project will be required to go before the Planning Commission for design review and possibly for planned uses.

Should the City Council approve the Purchase and Sale Agreement (PSA – Attachment 4), staff will work closely with the Buyer to finalize the sale of the property. The Buyer must submit a complete development application to the City within nine months of the PSA’s effective date and, upon receiving Planning Commission approval, shall close escrow no later than 120 days thereafter.

Given the limited availability of commercial space in Brentwood and the strategic location of the property, staff anticipates this development will contribute to economic growth through the addition of new businesses, job creation, and increased tax revenue for the City. The anticipated value of the development is estimated to be $8- 10 million and could result in the creation of 90-120 jobs.

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 3: Economic Development
1a. Encourage private re-investment through the sale of Success Agency and City owned real properties.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

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CITY COUNCIL AGENDA ITEM NO. H.3
02/24/2026

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

1. Do not approve staff’s recommendation, which would result in the Property not being sold to this Buyer, and provide direction about what to do with the property.

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

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

ATTACHMENT(S)

1. Previous Action

2. Purchase and Sale Agreement (PSA)

3. Aerial of Site

4. Council/Administrative Policy No. 10-20, Disposition of City/Agency Real Estate

5. Resolution 2020-132 for Surplus Properties

6. Resolution for Sale of SEC Harvest Park & Guthrie Lane

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On December 8, 2015, the City Council approved a Resolution approving and authorizing the City Manager or designee to: 1) execute Amendment No. 1 to the Contribution Agreement between East Contra Costa Regional Fee and Financing Authority and City of Brentwood; 2) execute Amendment No. 1 to the Professional Design Services Agreement with Carlson, Barbee & Gibson, Inc.; 3) amend the CIP Budget Sheet for John Muir Parkway Extension – Phase II, CIP Project No. 336- 31683; and 4) amend the FY 2015/16 Operating Budget to allow for the associated funding transfers and transfer of funds for an interim loan from the Roadway Facility Fee Fund to the General Fund.

On July 14, 2020, the City Council adopted the Amended City of Brentwood Strategic Plan for FY 2020/21 – FY 2021/22, which included Strategic Priorities to facilitate development and encourage investment and implement the City’s Economic Development Action Plan
On October 13, 2020, by way of Resolution No. 2020-132, the City Council declared certain real property as surplus and authorized the City Manager or designee to provide notification to required parties under State Law and offered the properties for sale
On May 23, 2023, by way of Resolution No. 2023-62, the City Council amended City Council Administrative Policy No. 10-20 (Disposition of City/Agency Real Estate)

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1 PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is dated for reference purposes as of the ___24th___ day of ______February________, 2026, by and between the City of Brentwood, a municipal corporation (“Seller”), and 2485 Technology Drive, LLC, a California limited liability company, with a principal address of 103 Technology Court, Suite A, Brentwood, CA 94513 (“Buyer”). Seller and Buyer are sometimes referred to singularly as the “Party” or collectively as the “Parties” herein.

1. Basis for Agreement. As further described herein, Buyer and Seller are entering into this Agreement with the binding agreement and understanding that Buyer shall purchase the property at the appraised price of $700,000 and following securing all required permits, construct a light industrial/office flex building consisting of approximately 30,000 – 35,000 square feet in size to support multiple tenants (the “Project”) on the Property (defined below).

2. Definitions. For purposes of enforcing this Agreement, the term "Seller" shall be all necessary City officials, employees, agents, or contractors, including, but shall not be limited to, City Council, City Engineer, Building Official, or any of their authorized representatives. Seller shall have the sole and absolute discretion to determine which individual may act on behalf of Seller for any particular purpose.

3. Nature of Commitment. The Seller, when acting in its role as the agency having jurisdiction over the Property concerning the Buyer’s future use of the Property, shall be called the “Jurisdictional Agency”. Nothing in this Agreement is or should be construed to be a covenant, promise, or commitment by the Jurisdictional Agency (including, without limitation, any agency, board, or commission of the Jurisdictional Agency) to grant any entitlement for development of the Property, or to make a final decision on any proposal, nor shall it prevent the Jurisdictional Agency (including, without limitation, any agency, board, or commission of the Jurisdictional Agency) from acting, or electing not to act, on any proposal in any manner other than that deemed proper by the Jurisdictional Agency in its role as agency having jurisdiction over the Property concerning the Buyer’s future use of the Property.

4. Procedural Milestones. The following are binding requirements on the Buyer, any noncompliance with shall be deemed an immediate and complete breach and default of this Agreement, by the Buyer. All such activities by Buyer to further and complete the listed actions below shall be at Buyer’s sole cost and liability, and the Seller shall have no role, liability, or obligation in the process in its role as Seller (distinguished from its discretionary approval authority described in the preceding sentence and section 3 above). (a) Upon execution of the Agreement, the Buyer shall begin the design work and obtain studies needed in order to submit a completed development application of the Project to the Jurisdictional Agency for their review and approve or deny, in their sole authority as agency having jurisdiction.
(b) Within ninety (90) days of the Effective Date of this Agreement, Buyer shall deliver to Seller a letter from Buyer’s bank or financial institute stating in unequivocally that

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2 Buyer has immediate access to all funds necessary and for the specific purpose to close on the Property.
(c) Buyer must have a deemed completed development application for the Project within nine (9) months of the Effective Date of this Agreement. If the Project proposed in the development application received by the Jurisdictional Agency within 9 months of the Effective Date, the Buyer shall be deemed in default of this Agreement, and this Agreement shall terminate and the Parties shall no longer have any duties or responsibilities herein, except for any obligations which expressly survive termination. However, Buyer shall be granted two ninety (90) day extension in order to secure permits from the Jurisdictional Agency if requested by the Buyer in writing to the Seller prior to the expiration of the 9 months. (d) Seller shall not be obligated, in any regard, to transfer the Property to Buyer until the Project proposed in the development application is approved by the Jurisdictional Agency and all other requirements pursuant to this Agreement are satisfied. The expiration of the statute of limitations to challenge the final approval by the Jurisdictional Agency of the development application and the Project shall be referred to as the “Approval Date” for the purposes of the transfer of the Property from Seller to Buyer. If the Project is approved by the Jurisdictional Agency, Closing (as defined herein) must occur within 90 days after the Approval Date. (e) After the Approval Date and prior to Closing, Buyer must supply Seller an acceptable letter of credit from Buyer’s lender that unequivocally shows Buyer’s financial capacity to fully construct and complete the Project as approved by the Jurisdiction Agency. (f) A descriptive schedule of the procedural milestones is depicted in Exhibit “D” attached to this Agreement and incorporated by this reference. This Agreement does not guarantee or bind the Jurisdictional Agency in any decision in regards to the materials submitted to the Jurisdictional Agency for consideration.

5. Purchase and Sale of Property. Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase from Seller, subject to the terms and conditions set forth herein, that certain unimproved real property consisting of approximately 2.87 acres located in the area of Contra Costa County, California, commonly referred to as Assessor’s Parcel Number 010- 150-040, all as more fully described and depicted in Exhibit A, together with all growing crops, rights, privileges, easements or appurtenances to or affecting the Land, including, but not limited to, all of Seller’s mineral rights, water rights, options, deliveries and obligations of the Contra Costa County Flood Control which are associated with the Property and all of Seller’s rights to under crop insurance policies on the crop growing on the Property, and all of Seller’s rights to applicable claims and proceeds thereunder (collectively, the “Property”).

6. Purchase Price. The purchase price for the Property (“Purchase Price”) shall be SEVEN HUNDRED THOUSAND DOLLARS ($700,000.00), and shall be paid as follows: (i) within 90 days following the Approval Date, Seller and Buyer shall open an escrow in connection herewith (“Escrow”) at First American Title Company, 3000 W. Main Street, Visalia, CA 93291 at 559-635-6803 [email protected]; Attn: Ann Kay (“Escrow Holder”), and Buyer shall deposit $70,000.00 into Escrow (“Initial Deposit”); and (ii) on or before the Approval Date, if this Agreement has not been earlier terminated, Buyer shall deposit into Escrow the balance of the

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3 Purchase Price, less any credits due Buyer hereunder (the “Closing Amount”). If this Agreement is terminated for a reason, excluding any breach or default of any kind by the Buyer, the Buyer shall be refunded the initial deposit.

7. Buyer’s Right to Inspect. Buyer, its employees, agents and designees, shall have the reasonable right of ingress and egress over and through the Property during normal business hours to perform any inspections deemed necessary by Buyer to evaluate the Property. All inspections by Buyer shall be coordinated with Seller at least five (5) business days prior to the inspection. Buyer shall not make any borings or conduct a Phase II environmental report without Seller’s prior written approval. Buyer’s right to inspect shall commence upon the Effective Date of this Agreement and continue for forty-five (45) days thereafter (the “Inspection Period”).

Buyer may elect not to acquire the Property for any reason or for no reason during the Inspection Period by providing Seller with written notice of its intention not to acquire the Property or its intention to unconditionally (except for conditions set forth in this Agreement) acquire the Property prior to the end of the Inspection Period. If Buyer timely delivers written notice to Seller of its intention not to acquire the Property, this Agreement shall automatically terminate and the Parties shall have no further obligation except for any specific obligations that expressly survive the termination of this Agreement. If Buyer fails to timely deliver written notice to Seller of its intention not to acquire the Property or Buyer timely delivers written notice to Seller of its intention to unconditionally (except for conditions set forth in this Agreement) acquire the Property, this Agreement shall continue and each Party shall be obligated to perform its respective obligations under this Agreement. Buyer understands and is on notice that Seller is currently using the Property as a staging area for Seller purposes. Buyer shall proactively coordinate with Seller to allow Buyer to reasonably complete inspections. Buyer shall not be guaranteed unlimited or immediate access to any or all portions of the Property being used as a staging area or in use by the Seller. However, Seller shall make reasonable efforts to allow inspections of Buyer to occur within a reasonable amount of time if the Seller is required to make certain accommodations for the inspections and if Buyer coordinates with Seller on the request within a reasonable amount of time prior to the need.

Seller may reasonably deny requests from Buyer on accommodations in their sole discretion.

Prior to any entry onto the Property, Buyer and its consultants shall at their sole cost obtain a policy of comprehensive or commercial general liability insurance in an amount of $1,000,000 per occurrence, $2,000,000 aggregate with Seller and its employees, directors, agents, council, and contractors named as additional insureds on said policy. Any such policy shall be placed with an insurance company rated at least “A- VIII” in the most current edition of Best’s Key Rating Guide (“A VIII” is understood by the parties to indicate, among other things, an insurer with at least One Hundred Million Dollars ($100,000,000.00) in policyholder surplus and licensed to do business in the State of California (“Insurer”). This “A-VIII” rating requirement shall continue to apply on an annual going forward basis to all insurance provided hereunder. Each policy of insurance shall be endorsed to require the Insurer to provide written notice to Owner at least thirty (30) days prior to cancellation and non-renewal, or 10 day notice of cancellation for non-payment of the policy premium. Buyer shall furnish to Seller a certificate of insurance confirming such coverage prior to any entry onto the Property.

8. Buyer shall indemnify and hold Seller harmless from any liability arising out of the entry of Buyer and/or Buyer’s agents or technical advisors on the Property prior to Closing or any activities or work performed under this Agreement. Buyer shall indemnify Seller and the Property

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4 against, and to hold and save Seller and the Property harmless from, all claims, demands, suits, actions, damages, obligations, liabilities, losses, costs and expenses, including but not limited to attorneys’ fees and court costs, as a result of the inspections; provided, however, that Buyer will not be obligated to indemnify Seller with respect to Seller’s gross negligence or willful misconduct. The foregoing indemnity shall survive termination of this Agreement and Closing.

Buyer shall not suffer or permit any mechanic’s or materialmen’s or other lien against the Property in connection with any labor, materials or services furnished or claimed to have been furnished by or on behalf of Buyer. If any such lien shall be filed against the Property, Buyer shall cause such lien to be discharged within thirty (30) days after such filing. Following any inspections, Buyer shall restore the Property to substantially its physical condition as existed prior to such inspection (except for any changes to the Property caused by Seller, or its agents or employees).

9. Sale “AS-IS”. Subject to Seller’s representations and warranties contained herein, this sale is AS-IS WHERE-IS, and Buyer’s election to purchase the Property will be based upon and will constitute evidence of Buyer’s independent investigation of the Property, its use, development potential and suitability for Buyer’s intended use, including (without limitation) the following: the feasibility of developing the Property for the purposes intended by Buyer, including but not limited to the Project; the size and dimensions of the Property; the availability, cost and adequacy of water, sewerage and any utilities serving or required to serve the Property; the presence and adequacy of current or required infrastructure or other improvements on, near or affecting the Property; any surface, soil, subsoil, fill or other physical conditions of or affecting the Property, such as climate, geological, drainage, air, water or mineral conditions; the condition of title to the Property; the existence of governmental laws, statutes, rules, regulations, ordinances, limitations, restrictions or requirements concerning the use, density, location or suitability of the Property for any existing or proposed development thereof including but not limited to zoning, building, subdivision, environmental or other such regulations; the necessity or availability of any general or specific plan amendments, rezoning, zoning variances, conditional use permits, building permits, environmental impact reports, agricultural use or restrictions and public reports, requirements of any improvement agreements; requirements of the California Subdivision Map Act, and any other governmental permits, approvals or acts (collectively “Permits”); the necessity or existence of any dedications, taxes, fees, charges, costs or assessments which may be imposed in connection with any governmental regulations or the obtaining of any required Permits; the presence of endangered plant or animal species upon the Property; and all of the matters concerning the condition, use, development or sale of the Property. Seller will not be liable for any loss, damage, injury or claim of any kind or nature, to any person or property arising from or caused by the acquisition, possession, or development of the Property by Buyer.

Except with respect to a default by Seller hereunder (including a breach of Seller’s warranties and representations), Buyer at Closing expressly waives its rights granted under California Civil Code Section 1542, which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE

RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.”

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5 Buyer's Initials: ________________

10. Title to the Property/Seller’s Deliveries. Upon mutual execution of this Agreement, the Parties shall deposit an executed counterpart of this Agreement with Escrow Holder and this Agreement shall serve as instructions to Escrow Holder for consummation of the exchange transaction contemplated hereby. At the Closing, Seller shall convey to Buyer good and marketable fee simple title to the Property by duly executed and acknowledged grant deed , substantially in the form attached hereto as Exhibit C and incorporated herein by this reference (the “Deed”). As used in this Agreement, Closing (the “Closing”) shall be deemed to occur upon the recording of the Deed. Evidence of delivery of fee simple title shall be the issuance by Escrow Holder to Buyer of an ALTA standard coverage owner’s policy of title insurance in the amount of the Purchase Price, insuring fee simple title to the Property in Buyer, subject only to such exceptions as Buyer shall have approved as provided in Exhibit B attached hereto and incorporated herein by reference (the “Title Policy”). Within five (5) business days following the Approval Date, Seller shall deliver to Buyer materials requested by Buyer in Seller’s possession or control, or to which Seller has access (collectively, the “Seller’s Deliveries”). Seller shall deliver a Natural Hazards Disclosure Report with Seller’s Deliveries.

11. Closing Date. The Closing Date shall take place on a mutually agreed to date on or before ninety (90) calendar days after the Approval Date, or as amended by the Parties in a mutually signed written amendment to this Agreement.

12. Conditions Precedent to Closing. The conditions listed in Exhibit B attached hereto, and incorporated herein by reference, are conditions precedent to Buyer’s obligation to purchase the Property (the “Conditions Precedent”).

13. LIQUIDATED DAMAGES. IF THE SALE OF THE PROPERTY IS NOT

CONSUMMATED SOLELY BECAUSE OF A DEFAULT UNDER THIS AGREEMENT ON

THE PART OF BUYER, THE DEPOSIT SHALL BE RETAINED BY SELLER AS LIQUIDATED DAMAGES. THE PARTIES HAVE AGREED THAT SELLER’S ACTUAL

DAMAGES, IN THE EVENT OF A DEFAULT BY BUYER, WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE. THEREFORE, BY PLACING THEIR

INITIALS BELOW, THE PARTIES ACKNOWLEDGE THAT THE EARNEST MONEY HAVE BEEN AGREED UPON, AFTER NEGOTIATION, AS THE PARTIES’ REASONABLE ESTIMATE OF SELLER’S DAMAGES AND AS SELLER’S SOLE AND EXCLUSIVE

REMEDY AGAINST BUYER, AT LAW OR IN EQUITY, IN THE EVENT OF A DEFAULT UNDER THIS AGREEMENT ON THE PART OF BUYER. FURTHERMORE, THE

PAYMENT AND RETENTION OF SUCH DEPOSIT AS LIQUIDATED DAMAGES IS NOT

INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 AND 3369, BUT IS INTENDED TO CONSTITUTE

LIQUIDATED DAMAGES TO SELLER PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677.

INITIALS: Seller __________ Buyer __________

14. Default. Any breach, material or otherwise, shall be considered a default of the Agreement. In the event that a Party defaults in the performance of any of its obligations under

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6 this Agreement, the non-defaulting Party shall have the option to terminate this Agreement upon written notice to defaulting Party as described below. This termination shall not terminate or affect any terms that explicitly survive termination of this Agreement. Upon breach or default by a Party of any of the terms, conditions, responsibilities, or liabilities, of this Agreement, or any related agreement referred to herein, the non-defaulting Party may give written notice to that Party of such failure, and in the event that Party fails to cure such failure within ten (10) calendar days of receipt of such notice, or if the cure cannot reasonably be completed within ten (10) calendar days, fails to commence to cure within ten (10) calendar days of receipt of such notice with full cure completed in 30 calendar days, the notifying Party may terminate this Agreement by a second written notice and/or pursue whatever other legal or equitable remedies are available to the nondefaulting Party. Upon the occurrence of any default by a defaulting Party, the non-defaulting Party shall have such rights or remedies available to it under this Agreement or at law or in equity.

15. Ad Valorem Taxes. Buyer shall pay general real estate taxes, water or sewer rates and charges (if not metered), personal property taxes, or any other governmental tax or charge levied or assessed against the Property (collectively, “Taxes”), relating to the Property and payable during the year in which Closing occurs prorated for the remainder of tax year for the next installment due. Seller is tax exempt and the Property is off the tax roll until the transfer, so it does not pay any proration of ad valorum taxes. Upon recordation of the Grant Deed, Buyer shall file a preliminary change of ownership report with the tax assessor (PCOR) to establish the real property taxes for the Property pursuant to California Revenue and Taxation Code.

16. Representations, Warranties and Covenants of Seller. As of the date hereof and again as of Closing, Seller represents and warrants to Buyer as follows: (a) Seller has all necessary power and authority to enter into this Agreement, to carry out its obligations hereunder, and to consummate the transactions contemplated hereby, and that this Agreement constitutes a legal, valid and binding obligation of Seller enforceable against Seller in accordance with its terms; (b) there are no claims, actions, suits, investigations or other legal proceedings pending or threatened against or by Seller relating to or affecting the Property; (c) Seller has good and marketable title to the Property; and (d) Seller has fully disclosed in writing to Buyer all material information in Seller’s possession that relates to the Property, its condition, and the title to the Property.

17. Representations, Warranties and Covenants of Buyer. Buyer hereby represents and warrants to Seller as follows: (a) Buyer has all necessary power and authority to enter into this Agreement, to carry out its obligations hereunder, and to consummate the transactions contemplated hereby, and that this Agreement constitutes a legal, valid and binding obligation of Buyer enforceable against Buyer in accordance with its terms; (b) Buyer warrants that Buyer is a sophisticated owner and buyer of real property, familiar and experienced with requirements for the development of real property, and that Buyer has examined the Property or will have done so by Closing, is or will be familiar with its physical condition, and accepts the Property in an “AS-IS” condition; and (c) that Buyer has conducted or will conduct an independent investigation with respect to zoning and subdivision laws, ordinances, resolutions, and regulations of all governmental authorities having jurisdiction over the Property, and the use and improvement of the Property and is, or at Closing will be, satisfied with the results of such investigation.

18. Indemnification. Buyer shall defend, indemnify, and hold harmless Seller, its elected officials, officers, employees, agents and volunteers from any and all actual or alleged

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7 claims, demands, causes of action, liability, loss, damage, delay, or injury, to property or persons, including wrongful death, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Seller its personnel, employees, agents, or contractors arising out of or in connection with this Agreement or the investigation, review, approval, design, construction or installation of the Project, including without limitation, the payment of all consequential damages, attorneys’ fees and other related costs and expenses. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of Seller, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the gross negligence or willful misconduct of Seller as determined by a court or administrative body of competent jurisdiction. Buyer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by Seller, its elected officials, officers, employees, agents or volunteers.

19. Continuation and Survival. All representations, warranties and covenants by the respective parties contained herein are intended to and shall be deemed made as of the date of this Agreement and again at the Closing, shall be deemed to be material, and unless expressly provided to the contrary shall survive the execution and delivery of this Agreement, the Deed and the Closing.

20. Possession. Possession of the Property shall be delivered to Buyer on Closing, if Closing occurs, free of any occupant or property not being conveyed to Buyer as provided hereunder.

21. Seller’s Cooperation with Buyer. Seller shall cooperate and do all acts as may be reasonably required or requested by Buyer, with regard to the fulfillment of any Condition Precedent. Seller hereby authorizes Buyer and its agents to make all inquiries with and applications to any third party, including any governmental authority, as Buyer may reasonably require to complete its due diligence and satisfy the Conditions Precedent.

22. Professional Fees. In the event legal action is commenced to enforce or interpret any of the terms or provisions of this Agreement, the prevailing Party in such action shall be entitled to an award of reasonable attorney’s fees and costs incurred in connection with the prosecution or defense of said action.

23. Publicity and Confidentiality. Buyer acknowledges that Seller is a public entity and that this Agreement shall be a matter of public record, presented at a public meeting which has been properly agendized, and available for review by the public under the Public Records Act.

Notwithstanding the foregoing, Buyer agrees to not make any public announcements regarding the Property prior to Closing without the written approval from Seller.

24. Miscellaneous. The Parties hereby state that the Exhibits are true and accurate and are fully incorporated into the terms and made an integral part of this Agreement as if they were typed out in the body of this Agreement. Buyer shall not have the right to assign this Agreement or any portion of this Agreement, without Seller’s explicit written consent or approval. This

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8 Agreement shall be binding upon, and inure to the benefit of, the Parties hereto and their respective successors, heirs, administrators and assigns. This Agreement may be amended or modified only by a written instrument executed by Seller and Buyer. This Agreement shall be governed by and construed in accordance with the laws of the State of California, with venue only acceptable in Contra Costa County, California. This Agreement and the exhibits attached hereto constitute the entire agreement between the Parties and supersede all prior agreements and understandings between the Parties relating to the subject matter hereof. Time is of the essence of this Agreement.

If any provision of this Agreement, or the application thereof to any person, place, or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Agreement and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. The waiver by any Party to this Agreement of the breach of any provision of this Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach, whether of the same or another provision of this Agreement. A waiver must be in writing and signed by the waiving Party for it to be effective. This Agreement may be executed in a number of identical counterparts. Each of the counterparts will be deemed an original for all purposes and all counterparts will collectively constitute one Agreement. This Agreement has been negotiated at arm’s length and between persons (or their representatives) sophisticated and knowledgeable in the matters dealt with in this Agreement. Accordingly, any rule of law (including California Civil Code § 1654 and any successor statute) or legal decision that would require interpretation of any ambiguities against the party that has drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable manner to effect the purpose of the Parties and this Agreement. This Agreement is for the sole benefit of the Parties, their respective successors and permitted transferees and assignees, and no other person or entity shall be entitled to rely upon or receive any benefit from this Agreement.

25. Further Assurances. Each of the Parties shall execute and deliver any and all additional papers, documents and other assurances and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent of the Parties. Each Party shall utilize its best efforts and act fairly, in good faith, and with due diligence to competently and satisfactorily comply with and perform all of its obligations under this Agreement and to otherwise support, assist, and cooperate with the other Party in order to facilitate the Agreement. Each Party agrees to respond promptly to reasonable requests from the other Party.

26. Notices. Any notice, consent or approval required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given upon (i) hand delivery, (ii) one (1) business day after being deposited with a reliable overnight courier service for next day delivery, (iii) two (2) business days after being deposited in the United States mail, registered or certified mail, postage prepaid, return receipt required, and addressed to the address shown below:

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9 BUYER:
2485 Technology Drive, LLC
ATTN: Ante Zovich Jr.
103 Technology Court, Suite A
Brentwood, CA 94513
925-775-4227
[email protected]
SELLER:

City of Brentwood
ATTN: Ricardo Noguera, Economic
Development Manager, City Manager’s Office
City Hall, 3rd Floor
Brentwood, CA 94513
(925) 516-5440
[email protected]
WITH A COPY TO:

Brian Hughes
Best Best & Krieger, LLP
500 Capitol Mall, Suite 2500
Sacramento, CA 95814
(916) 551-2827
[email protected]
[SIGNATURES ON NEXT PAGE]

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10 SIGNATURE PAGE TO:

PURCHASE AND SALE AGREEMENT
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement and made effective as of the date last written below (the “Effective Date”).

SELLER:

By: ____________________
Name: G. Harold Duffey
Its: City Manager
Date: __________________
Attest:

By: ____________________
Name: Amanda McVey
Its: City Clerk
Approved as to Form:

BUYER:

By:_________________________
Name: Katherine Wisinski
Its: City Attorney
2485 Technology Drive, LLC
By: _____________________________
Name: Ante Zovich Jr.

Its: Authorized Representative
Date: ______________________________

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1 EXHIBIT A

LEGAL DESCRIPTION
Real property in the City of Brentwood, County of Contra Costa, State of California, described as follows:

All that certain piece or parcel of land being a portion of Lot 196 of "subdivision number four of BRENTWOOD IRRIGATED FARMS" as shown in Book 16 of Maps at Page 325, contra costa county records, and lying within Section 19, Township 1 North, Range 3 East, Mount Diablo Meridian, City of Brentwood, County of Contra Costa, State of California, more particularly described as follows:

Beginning at the intersection of the western line of lot 196, with the southern line of Orchard Park Subdivision filed in Book 34, Of Maps, Page 7and proceeding thence South 89° 30' 03" East along the North line of said lot a distance of 617.19 feet;
Thence leaving last said line and proceeding South 0° 52' 14" West a distance of 175.58 feet; Thence Southwesterly along a curve concave to the Northwest (central angle 89° 37' 43 "; radius -

14.00 feet) an arc distance of 21.90 feet;
Thence North 89° 30' 03" West a distance of 603.25 feet to a point on the West line of said Lot 196; Thence North 0° 51' 47" East along last said line a distance of 189.49 feet to the true Point of Beginning.

Excepting therefrom all oil, gas, casinghead gas, asphaltum and other hydrocarbons, and all chemical gas now or hereafter found, situated or located in all or any portion of the lands described herein lying more than five hundred (500) feet below the surface thereof, together with the right to slant drill for and remove all or any of said oil, casinghead gas, asphaltum and other hydrocarbons or chemical gas lying below a depth of more than five hundred (500) feet below the surface thereof, including the right to grant leases for all or any of said purposes, but without any right whatsoever to enter upon the surface of said lands or upon any portion thereof within five hundred (500) feet vertical distance below the surface thereof.

APN: 010-150-040 a portion

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1 EXHIBIT B

CLOSING AND ESCROW PROCEDURES

1. Title to the Property. The Title Policy issued to Buyer pursuant to this Agreement, shall provide full coverage against mechanics’ and materialmen’s liens and shall contain such special endorsements as Buyer may reasonably require, including, without limitation, any endorsements required as a condition to Buyer’s approval of any title exceptions (the “Endorsements”). Within five (5) business days following the Approval Date, Seller shall order the issuance of a preliminary title report with respect to the Property, together with copies of all underlying documents referenced therein and a map containing a plotting of all easements capable of being plotted (collectively, the “Preliminary Report”), to be prepared by the Escrow Holder and delivered to Buyer. No later than ten (10) days after receipt of the Preliminary Report, Buyer shall give written notice to Seller of any items contained in the Preliminary Report which Buyer disapproves (“Buyer’s Disapproval Notice”). Failure of Buyer to notify Seller of Buyer’s disapproval of all or any item on the Preliminary Report shall be deemed to be an approval by Buyer of such item(s).

In any event, Seller covenants to remove as exceptions to title prior to the Closing, any mortgages, deeds of trust, and other monetary encumbrances (collectively, “Disapproved Liens”) shown on the Preliminary Report except for real property taxes not delinquent. Seller shall notify Buyer no later than five (5) days after receipt of Buyer’s Disapproval Notice whether it elects to remove such other items disapproved by Buyer.

2. Conditions to Seller's Obligations. Seller's obligations hereunder, including, but not limited to, its obligation to consummate the purchase transaction provided for herein, are subject to the satisfaction of each of the following conditions, each of which is for the sole benefit of Seller and may be waived by Seller in writing in Seller’s sole and absolute discretion:
a. Buyer has (i) sufficiently submitted all necessary financial information to the Seller; (ii) a deemed complete development application within 9 months of the Effective Date; (iii) sufficiently submitted all necessary loan information to the Buyer prior to closing; and (iv) completed all other required items as described in this Agreement including but not limited to fully funding Escrow with the Closing Amount.
b. Buyer shall not be in default under this Agreement.
c. Each representation and warranty made in this Agreement by Buyer shall be true and correct in all material respects at the time as of which the same is made and as of the Close of Escrow.

3. Conditions to Buyer’s Obligations. Buyer’s obligations hereunder, including, but not limited to, its obligation to consummate the purchase transaction provided for herein, are subject to the satisfaction of each of the following conditions, each of which is for the sole benefit of Buyer and may be waived by Buyer in writing in Buyer’s sole and absolute discretion a. Buyer’s inspection, review and approval, in its sole discretion, of all of the following: the physical characteristics and condition of the Property (including

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2 without limitation the condition of the soils); and the Preliminary Report and all aspects of the Property’s title pursuant to section 1 above. b. Escrow Holder shall be unconditionally committed to issue the Title Policy to Buyer upon the Closing in the form and with such exceptions and endorsements as have been approved, or are deemed approved, by Buyer as provided above. c. Seller shall have complied with all of Seller’s duties and obligations contained in the Agreement and all of Seller’s representations and warranties contained in or made pursuant to this Agreement shall have been true and correct when made and shall be true and correct as of the Closing Date.

4. Escrow; Closing, Prorations.
a. Upon mutual execution of the Agreement, the Parties shall deposit an executed counterpart of this Agreement with Escrow Holder and this Exhibit B shall serve as instructions to Escrow Holder for consummation of the purchase contemplated hereby. In the event of any conflict between the provisions of the Agreement and any supplementary Escrow instructions signed by Buyer and Seller, the terms of the Agreement shall control.
b. The Closing shall take place (the “Closing Date”) on or before ________________, or as may be extended as provided below. c. At or before the Closing, Seller shall deliver to Escrow Holder or Buyer the duly executed and acknowledged Grant Deed for the Property, a general assignment of any pertinent rights for the Property, and a Bill of Sale for the personal property. d. At or before the Closing, Buyer shall deliver to Escrow Holder or Seller the following: (i) the Closing Statement, duly executed by Buyer; (ii) the Closing amount necessary to complete the purchase; and (iii) evidence reasonably acceptable to Escrow Holder that the documents delivered by Buyer have been duly authorized and executed on behalf of Buyer and constitute valid and binding obligations of Buyer.
e. Seller and Buyer shall each deposit such other instruments as are reasonably required by Escrow Holder or otherwise required to close the Escrow and consummate the purchase of the Property in accordance with the terms hereof. f. Costs and expenses of Escrow incurred in this transaction shall be paid as follows:
(1) Seller shall pay the premium for a standard ALTA coverage owner’s policy of title insurance; Buyer shall pay the premium for any extended ALTA coverage if desired; (2) Seller and Buyer shall each pay one-half (1/2) of the Escrow fees, recording fees and related expenses; (3) all other costs of escrow shall be paid equally by Buyer and Seller; (4) legal fees for this Agreement drafting shall be shared equally. The provisions of this Subparagraph (f) shall survive the Closing.

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3 EXHIBIT C

FORM OF DEED

RECORDING REQUESTED BY AND

WHEN RECORDED MAIL TO, AND
MAIL TAX STATEMENTS TO:
[buyer address or attorney]
__________________________________________________________________________ A.P.N.: _________________________ (Space Above Line for Recorder's Use Only) The Undersigned Grantor(s) Declare(s):

DOCUMENTARY TRANSFER TAX $________; CITY TRANSFER TAX $________; SURVEY MONUMENT FEE $ ________ [ ]
computed on the consideration or full value of property conveyed, OR [ ]
computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, [ ]
unincorporated area; [ ] City of __________________, and

GRANT DEED
FOR VALUE RECEIVED, _______________________________________ (“Grantor”), grants to ____________________________ (“Grantee”), all that certain real property situated in the County of ________________, State of California, described on Schedule 1 attached hereto and by this reference incorporated herein (the “Property”).

IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of ________________, 20__.

GRANTOR:
__________________________________________
By:_______________________________________
Name: ___________________________________
Its: ______________________________________

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4 EXHIBIT D

PROCEDURAL MILESTONES

EVENT PERIOD OF PERFORMANCE CALENDAR DATE
Effective Date of Agreement Per Execution of Agreement
Seller Sends Buyer
Preliminary Title Report 5 Days after Effective Date
Buyer Provides Disapproval
Notice (if any)
10 Days after receipt of
Preliminary Title Report
Seller Provides Response to
Buyer Disapproval Notice (if
any)
5 days after receipt of Buyer
Disapproval Notice
Inspection Period Ends 45 Days after Effective Date
Submit Complete
Development Application to
Jurisdictional Agency
Prior to 12 Months after Effective
Date
Obtain Development
Approval from Jurisdictional
Agency (Approval Date)
TBD
Closing No Later than 90 Days after
Approval Date

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PD-12
Zoning
G
U

THRIE LN GARIN PKWY

BALFOUR RD

C I T Y S U R P L U S P R O P E R T Y
Document Path: W:\GIS_Map_Room\MXDs\ECONOMIC DEVELOPMENT\City Surplus Property.mxd 1 inch = 200 feet
Guthrie Lane near SWC of Balfour Road
APN: 010-150-040

2.89 Acres Page 131 of 298

COUNCIL/ADMINISTRATIVE POLICY
Subject:

Disposition of City/Agency Real
Estate
Policy No: 10-20 Date: 05/23/2023
Resolution No: 2023-62 Page 1 of 3

CITY OF BRENTWOOD

1. PURPOSE
It is the purpose of this policy to provide guidance for the disposition of excess or surplus real estate owned in fee title by the City of Brentwood (“City”) or the City of Brentwood Successor Agency (“Agency”). The City disposition procedures are governed by the California Surplus Lands Act (California Government Code section 542200 et seq.) (the “SLA”) and the Agency disposition procedures are governed by both the SLA and the California Redevelopment Dissolution Law, California Health & Safety Code section 34170 et. seq. (the “Dissolution Law”)

2. POLICY
This policy provides guidance on the disposition of real estate. Real Estate is defined as any parcel owned in fee title by the City or Agency. All final decisions on the disposition of City and Agencyowned real estate is reserved for the City Council. For Successor Agency-owned parcels, the County-wide Oversight Board makes all final decisions, subject to review by the State Department of Finance. All other non-real estate assets are governed by the Council / Administrative Policy 10-07, Purchasing.

3. CITY REAL ESTATE

3.1 GENERAL GUIDELINES

3.1.1 In accordance with Section 54221(b)1) of the SLA, prior to the disposition of City owned real estate, the property must be declared surplus or exempt surplus land by the City Council of the City of Brentwood, during a regular public meeting.

3.1.2 The City will comply with the requirements of the SLA as they may be amended from time to time, in seeking to dispose of City owned real estate.

3.1.3 In the event the City complies with the requirements of the SLA and the SLA Guidelines, but does not dispose of the property, the City may pursue alternative means of disposition as set forth in this policy.

3.1.4 Disposition methods following completion of the SLA process may include:

Requests for Proposals (RFPs), Auction, Negotiated Sale or Exchange in order to maximize the benefit to the taxpayers.

3.1.5 The City shall optimize the benefit of the disposition of City-owned excess or surplus real estate based on relevant factors including:

3.1.5.1 The value of the real estate based on an appraisal or brokers opinion of value, as appropriate, which is no more than 12 months old at the time the sales agreement is presented to the City Council, except that an appraisal will not be needed on real estate that does not exceed $200,000 in value based on fair market value supported by a written report from staff.

3.1.5.2 The City is required to follow applicable State laws related to disposition of surplus property at the same time of disposition. Any

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COUNCIL/ADMINISTRATIVE POLICY
Subject:

Disposition of City/Agency Real
Estate
Policy No: 10-20 Date: 05/23/2023
Resolution No: 2023-62 Page 2 of 3

CITY OF BRENTWOOD
special benefits to accrue from the sale or exchange.

3.1.6 Generally, the City shall represent itself in real estate transactions; however, the City may from time to time authorize a brokerage agreement for the disposition of real estate. In such cases, the brokerage fee shall be as specified in the agreement between the City and the broker. The selection of a real estate broker to provide real estate services shall be subject to the Council / Administrative Policy 10-07, Purchasing.

In certain circumstances when a broker is not under contract with the City, the City, in its sole discretion, may negotiate and pay a real estate brokerage fee for qualified representation of a party purchasing City real estate (“broker participation”). In no case shall the broker participation exceed one-half of the generally accepted local brokerage fee for the type of real estate being sold.

When the amount of purchase price offered is a criterion for selecting a purchaser in competitive situations, the selection will be based on the highest net purchase price, without taking into account any brokerage fees involved in the competition/evaluation. When such broker participation is contracted by the City, it shall be subject to all of the following:

3.1.6.1 The party represented by the broker shall provide written certification that the broker represents said party; and

3.1.6.2 The broker shall provide written certification that broker is not an employee of said party; and

3.1.6.3 The broker shall possess a valid California real estate broker license.

3.2 PROCESS

3.2.1 Staff will prepare a report for the City Council’s or Agency’ consideration recommending the declaration of certain stated real estate as surplus real estate.

3.2.2 The City will comply with the SLA and any other applicable guidelines or regulations as determined with the City Attorney’s office.

3.2.3 Since it is generally not in the City's best interest for a real estate transaction to be negotiated in open session, pursuant to Section 54956.8 of the Government Code, the City Council may discuss either approval, disapproval, or continuation for further negotiation or study any recommendation regarding the disposition of City real estate in closed session. Any final action, however, shall occur in open session and comply with the California Environmental Quality Act and shall disclose the revenue from any sale and the appraised value of the real estate involved in accordance with the Ralph M. Brown Act, California Government Code section 54950 et seq.

3.3 PAYMENT FOR CITY SURPLUS REAL ESTATE
Sales of real estate shall be on an all cash basis, or on such other terms that in the

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COUNCIL/ADMINISTRATIVE POLICY
Subject:

Disposition of City/Agency Real
Estate
Policy No: 10-20 Date: 05/23/2023
Resolution No: 2023-62 Page 3 of 3

CITY OF BRENTWOOD
discretion of the City Council results in the optimum public benefit.

3.4 USE OF PROCEEDS
Proceeds from sales shall be assigned to the appropriate fund, as follows:
• To enterprise accounts if the real estate was purchased using these funds. • To the General Fund, or other funds, if required by law. • As directed by the City Council.

3.5 COSTS ASSOCIATED WITH THE DISPOSITION OF REAL ESTATE Unless otherwise directed, the costs associated with the disposition of surplus real estate shall be charged to the appropriate fund(s). Expenditures for this purpose will be budgeted as part of the normal budgeting cycle or budget amendment process if needed. If the real estate is owned by a fund other than the General Fund, the fund may be reimbursed for the costs associated with purchasing, managing, maintaining and disposing of surplus or excess real estate.

4. AGENCY OWNED REAL ESTATE
With the passage of the 2011 Budget Act (AB x1 26), the State of California eliminated Redevelopment Agencies (RDAs) and RDAs were officially dissolved as of February 1, 2012. As part of the dissolution law former RDAs are required to sell their assets “as is” and “expeditiously and in a manner aimed at maximizing value.” The County-wide Oversight Board is required to approve disposition of Agency-owned properties, with all Oversight Board decisions being subject to review and approval by the State of California’s Department of Finance. The Successor Agency must also comply with the SLA prior to disposition of former RDA property.

Once the Successor Agency Board takes action in support of the disposition of a property, a resolution is forwarded to the County Oversight Board for consideration and approval prior to Department of Finance ultimately approving or denying the transaction.

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RESOLUTION NO. 2020- 132

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD

DECLARING CERTAIN REAL PROPERTY AS SURPLUS AND AUTHORIZING THE

CITY MANAGER OR DESIGNEE TO PROVIDE NOTIFICATION TO REQUIRED

PARTIES UNDER STATE LAW AND OFFER THE PROPERTIES FOR SALE WHEREAS, On December 14, 2010, City Council, by way of Resolution No: 2010- 176, adopted Council/ Administrative Policy No. 10- 20, Disposition of City/Agency Real Estate to provide guidance for the disposition of excess or surplus real estate owned in fee title by the City of Brentwood (" City") or the former City of Brentwood Redevelopment Agency ("Agency"); and WHEREAS, On July 14, 2020, City Council adopted the Amended City of Brentwood Strategic Plan for FY 2020/ 21 — FY 2021/ 22 which include Strategic Priorities to facilitate development and encourage investment and implement the City' s Economic Development Action Plan; and
WHEREAS, the City of Brentwood and the Successor Agency to the Brentwood Redevelopment Agency ( Successor Agency) own real property in fee title located in the City.

WHEREAS, the City has analyzed all City owned properties and has identified nine ( 9) City properties that are surplus with no foreseeable City use, hereto attached as Exhibit A.

WHEREAS, Government Code 54220 et seq. and AB 1485 require certain actions required by a public agency to surplus real property, which may include, but is not limited to, notifying public agencies and affordable housing developers of the availability of the real properties and provide a 60- day period to consider making an offer to purchase a property or properties.

WHEREAS, following a separate property disposition process, the Successor Agency has identified five ( 5) Successor Agency properties that are to be offered for sale and disposed upon approval by the Successor Agency, County Oversight Board, and State Department of Finance, hereto attached as Exhibit B.

WHEREAS, the sale and potential development of surplus property will provide fiscal and economic benefits for the City and community.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Brentwood approves a resolution declaring certain real property as surplus and authorizing the City Manager or designee to provide notification to required parties under state law and to offer the properties for sale.

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Page 2 of 4 ends

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13' day of October, 2020, by the following vote:

AYES: Bryant, Rarey, Rodriguez, Staton, Taylor
NOES: None
ABSENT: None
RECUSE: None
4 )
tig)--"Crt0-Ni
Robert Taylor
Mayor
ATTEST:
4 il
Margaret Wimb- y, MMC
City Clerk

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Page 3 of 4 ends

EXHIBIT A

CITY OWNED PROPERTIES
Address/ Location Acres General Plan Zoning APN
a) Guthrie Ln. near SWC of 2. 89 Business Park PD- 12 010- 150- 040 Balfour Avenue
b) Route 4/ San Jose Ave 1. 99 Residential Low PD- 36 019- 110- 076 Density
c) Old Sand Creek Road 1. 87 Regional PD- 6 019- 082- 008 at SR 4 Commercial
d) 498 Fairview Avenue 1. 27 Professional Office CO- Commercial 012- 020- 003 Office
e) East Sand Creek Road 1. 26 Public Facility ( Low Unzoned- ( Low 016- 190- 033 Scortinio) Density Density Residential)
Residential)
f) 1907 Jane Way 1. 01 BBSP- Brentwood MDR- Medium 016- 010- 019 Specific Plan Density Residential
g) 1909 Jane Way 0. 80 BBSP- Brentwood MDR- Medium 016- 010- 020 Specific Plan Density Residential
h) 2001 Shady Willow Ln 0. 99 Public Facility PA- 1 ( High Density 019- 031- 004 Residential)
i) 6685 & 6691 0. 75 Low Density PD- 35 019- 050- 234
Lone Tree Way Residential

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Page 4 of 4 ends

EXHIBIT B

SUCCESSOR AGENCY PROPERTIES
Location Acres General Plan Zoning
1) 1000 Central Blvd ( Former 3. 64 Downtown Specific Plan Downtown SP proposed Police Dept. Site) DSP) Western Gateway
2) 703 Brentwood Blvd- former Los 2. 11 Brentwood Blvd. Specific BBSP General Mexicanos Market Plan ( BBSP) Commercial
3) SE Corner at Oak and Walnut 1. 84 Downtown Specific Plan Downtown Specific DSP) Plan ( DSP)
4) 400 Guthrie Lane ( Former CD 1. 24 BP- Business Park PD- 12 Site)
5) 2nd & Central ( next to Avery at . 5 Public Facility ( PF) Right of Way TownCenter Apts)

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RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING A PURCHASE AND SALE AGREEMENT
WITH 2485 TECHNOLOGY DRIVE, LLC, OR RELATED ENTITY,

FOR THE REAL PROPERTY LOCATED AT HARVEST PARK DRIVE
AND GUTHRIE LANE (APN 010-150-040), BRENTWOOD,
CALIFORNIA; AND AUTHORIZING THE CITY MANAGER OR

DESIGNEE, TO PERFORM ALL NECESSARY ACTIONS AND

EXECUTE THOSE AGREEMENTS NEEDED TO COMPLETE THE SALE
WHEREAS, on September 2, 1987, the City Council adopted Resolution No. 87-88, accepting a grant of easement for this property as part of a Right of Way for Road and Drainage Purposes. The construction of 1986 Brentwood Improvement Project No. 2 required that certain right of way be acquired for road and drainage purposes. James and Elaine Dugger agreed to grant said right of way for road and drainage purposes. The City acquired the property at Harvest Park Drive and Guthrie Lane (APN 010-150-040) on this date. The property was purchased using Roadway DIF funds, formerly titled the Thoroughfare Facility Fee Fund, to establish a drainage basin to support development in the area; and
WHEREAS, on December 8, 2015, the City Council approved Resolution 2015- 172, approving and authorizing the City Manager or designee to: 1) execute Amendment No. 1 to the Contribution Agreement between East Contra Costa Regional Fee and Financing Authority and City of Brentwood; 2) execute Amendment No. 1 to the Professional Design Services Agreement with Carlson, Barbee & Gibson, Inc.; 3) amend the CIP Budget Sheet for John Muir Parkway Extension – Phase II, CIP Project No. 336-31683; and 4) amend the FY 2015/16 Operating Budget to allow for the associated funding transfers and transfer of funds for an interim loan from the Roadway Facility Fee Fund to the General Fund; and
WHEREAS, on July 14, 2020, the City Council adopted the Amended City of Brentwood Strategic Plan for FY 2020/21 – FY 2021/22, which included Strategic Priorities to facilitate development and encourage investment and implement the City’s Economic Development Action Plan; and
WHEREAS, on October 13, 2020, by way of Resolution No. 2020-132, the City Council declared certain real property as surplus and authorized the City Manager or designee to provide notification to required parties under State Law and offered the properties for sale; and
WHEREAS, on May 23, 2023, by way of Resolution No. 2023-62, the City Council amended City Council Administrative Policy No. 10-20 (Disposition of City/Agency Real Estate); and
WHEREAS, Government Code 54220, et seq., and AB 1485 require certain actions be taken by a public agency to dispose of surplus real property, which may

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Brentwood City CouncilFebruary 24, 2026

Brentwood City Council
February 24, 2026