APRIL 28, 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 (if enabled): Remarks by members of the public participating via Zoom are limited to speaking on items listed under public hearings; business items; and requests for future agendas items, existing requests. Zoom participation during the general public comment period will not be accepted, except in the event a City Council Member is participating remotely under the provisions of Government Code § 54953.8. a. Zoom: www.brentwoodca.gov/vcc or Zoom Webinar ID: 760 1397 0037 b. Zoom Phone Numbers. Dial Toll Free: (833) 548-0276 or (833) 548-0282 or (877) 853-5247.
c. During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. (If you need instructions on how to use this feature, please contact the City Clerk by noon of the meeting date at [email protected] or 925.516.5182.)
3. E-MAIL:
a. Public comments can also be submitted via e-mail to [email protected]. Any public comments received up until 3:00 p.m. of the meeting date will be:
1. distributed to the Council via email before the meeting,
2. posted online for public inspection at www.brentwoodca.gov/meetings and
3. later summarized in the meeting minutes.
b. As e-mails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your e-mail.
4. TO WATCH OR LISTEN ONLY:
a. The public may view the meeting via one-way video feed by selecting the video option at the City Council Agendas’ link on the City webpage at www.brentwoodca.gov or via the City’s YouTube Channel: https://www.youtube.com/c/cityofbrentwoodca
CITY COUNCIL/SUCCESSOR AGENCY AGENDA
Zoom Webinar ID: 760 1397 0037
April 28, 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
C.1 Youth in Government: e-Bikes Legislation Overview
C.2 Contra Costa County Library: Self-Service Sundays
C.3 Vehicle Miles Traveled (VMT)
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.
Zoom participation during this general public comment period will not be accepted.
E. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS, AND STAFF This portion of the agenda is to provide an opportunity for Council Members to report on attendance at events, subcommittee meetings, and entities on which the Council Member has been appointed as a liaison and for staff to provide brief updates and/or information to the City Council.
F. CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by one motion. If discussion is required, that particular item will be removed from the consent calendar and will be considered separately.
F.1 Meeting Minutes of the City Council
Special City Council Meeting Minutes of April 14, 2026
F.2 Proclamation recognizing April 28, 2026 as Youth in Government Day F.3 Proclamation recognizing May 2026 as Asian American and Pacific Islanders Heritage Month
F.4 Proclamation recognizing May 2026 as Building Safety Month F.5 Proclamation recognizing May 2026 as Jewish American Heritage Month F.6 Proclamation recognizing May 2026 as National Historic Preservation Month F.7 Proclamation recognizing May 2026 as National Water Safety Month F.8 Proclamation recognizing May 2026 as Older Americans Month F.9 Proclamation recognizing May 2026 as Water Awareness Month F.10 Proclamation recognizing May 3-9, 2026 as Professional Municipal Clerks Week F.11 Proclamation recognizing May 4-8, 2026 as National Teacher Appreciation Week F.12 Proclamation recognizing May 6, 2026 as National Nurses Day F.13 Proclamation recognizing May 7, 2026 as National Day of Prayer F.14 Proclamation recognizing May 10-16, 2026 as National Armed Forces Week F.15 Proclamation recognizing May 10-16, 2026 as National Police Week F.16 Proclamation recognizing May 11-17, 2026 as Bike to Work Week F.17 Approve a Lease of 2nd Street Parking Lot
Title/Recommendation
Adopt a Resolution of the City Council of the City of Brentwood approving a Parking Lot Lease Agreement “Agreement” between DJA Properties, LLC and the City of Brentwood for the lease 715 and 739 2nd Street and amend the 2025/26 General Fund Operating Budget.
F.18 Award of contract to Consolidated Engineering Inc. for the Pavement Management Program 2026 (Asphalt), CIP Project No. 336-31705
Title/Recommendation
Adopt a Resolution approving the contract documents, awarding the bid, and authorizing the City Manager or designee to execute a contract and necessary documents for the Pavement Management Program 2026 (Asphalt), CIP Project No. 336-31705, (“Project”) with Consolidated Engineering Inc. as the lowest responsible and responsive bidder in the amount of $1,929,999, plus a contingency of $482,500 (25%), for a total funding authorization not to exceed amount of $2,412,499.
F.19 Consideration of actions pertaining to the City’s Landscape and Lighting Assessment Districts (LLADs), including LLAD No. 19-3 and LLAD No. 21-1, and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2026/27
Title/Recommendation
Adopt a Resolution of Initiation that: (1) appoints Francisco & Associates (“Francisco”) as the Engineer of Work for the Landscape and Lighting Assessment Districts, including the Landscape and Lighting Assessment District No. 19-3, Landscape and Lighting Assessment District No. 21-1 (the “LLADs”), and for the Citywide Park Assessment District No. 98-1 (collectively, the “Districts”) for Fiscal Year 2026/27; (2) orders the Engineer of Work to prepare and file the Engineer’s Reports for Fiscal Year 2026/27; and (3) finds the action categorically exempt from the California Environmental Quality Act.
F.20 Clarification of Council Discussion Related to Pre-Qualifying Applicants for Affordable Housing Wait List
Title/Recommendation
Staff recommends that the City Council confirm, by accepting this report as part of the adoption of the Consent Calendar, that the Council would like applicants’ eligibility for the City’s Affordable Housing Program wait list to be determined through a “pre-qualification”
process, in a manner determined by staff in consultation with the City Attorney, prior to being placed on the wait list, as discussed at the April 14, 2026 City Council meeting.
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 Approve Amendments to the Brentwood Municipal Code related to State Legislative Updates, Gas Stations, Stream Setbacks, as well as updates to the Priority Area One Specific Plan related to Private and Public School Facilities Title/Recommendation
Waive the first readings of
and introduce the following ordinances:
An Ordinance for text amendments (RZ 26-001) to the Brentwood Municipal Code that would amend and add regulations for signs, Microenterprise Home Kitchen Operations (MEHKO), public hearing notices, electrified fencing, and application review and appeal procedures, to ensure consistency with state and federal law;
1. An Ordinance for text amendments (RZ 26-001) to the Brentwood Municipal Code that would limit the total number of automobile service stations/gas stations to 20 within the city by adding Brentwood Municipal Code Chapter 17.665 (Automobile Service Stations/Gas Stations); and
2. An Ordinance for text amendments (RZ 26-001) to the Brentwood Municipal Code to add regulations and development standards related to stream setbacks within the city by adding Brentwood Municipal Code Chapter 17.625 (Stream Setback Regulations).
3. Adopt a Resolution approving a text amendment (SPA 26-001) to the Priority Area One Specific Plan updating regulations related to Private and Public School Facilities.
The proposed text amendments are exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that the proposed ordinances would restrict future land uses and development and would not facilitate new construction or other groundbreaking activities.
There is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment.
G.2 Public Hearing for Compliance with Assembly Bill 2561 / Government Code Section 3502.3 Regarding Vacancies, Recruitment, and Retention Efforts Title/Recommendation
Public Hearing for Compliance with Assembly Bill 2561 / Government Code Section 3502.3 Regarding Vacancies, Recruitment, and Retention Efforts.
Staff recommends that the City Council receive the presentation for informational purposes during the public hearing at which the City will report on workforce vacancies, recruitment, and retention efforts.
G.3 Continue Public Hearing for the Unlawful Loud or Unruly Gathering Ordinance Title/Recommendation
It is requested that the City Council continue the public hearing on the Unlawful Loud or Unruly Gathering Ordinance pending review of the Ordinance by the Ad-Hoc Committee.
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 Approve the Amended and Retitled City Council Administrative Policy No. 20-23 retitled as Prohibiting Discrimination, Harassment, and Retaliation Title/Recommendation
Adopt a Resolution approving the amended and retitled City Council Administrative Policy No. 20-23 retitled as Prohibiting Discrimination, Harassment, and Retaliation.
H.2 Adopt a Resolution Approving the Employment Agreement between the City of Brentwood and Thomas Lloyd Smith
Title/Recommendation
A Resolution Approving the Employment Agreement between the City of Brentwood and Thomas Lloyd Smith.
H.3 Provide direction regarding 1) potential enhancement of Solid Waste collection services and 2) implementing lower water rates than were previously approved in the FY 2023/24 – 2027/28 Utility Rate Study
Title/Recommendation
Provide direction regarding 1) potential enhancement of Solid Waste collection services and 2) implementing lower water rates than were previously approved in the FY 2023/24 – 2027/28 Utility Rate Study.
H.4 Economic Development Grant Program: Priority Projects Title/Recommendation
Approve the attached resolution and proposed allocation of funds for the Economic Development Grant Program Priority Projects category and funding sources in the amount of $72,512 for both FY 2026/27 and FY 2027/28; approve allocation of funds for the UPick Harvest Time in Brentwood (HTIB) Trail Map in the amount of $10,000 for both FY 2026/27 and FY 2027/28 from the Agriculture Land Fund as recommended by the Land Use and Development Committee (“LUD”) and authorize the City Manager or designee to execute all grant and reimbursement documents.
H.5 Introduction of City Council Administrative Policy No. 50-1, Naming/Dedication of City Facilities, and request for City Council discussion and direction Title/Recommendation
Receive and discuss Council Administrative Policy No. 501, Naming/Dedication of City Facilities, and provide direction to staff regarding any desired clarifications or amendments.
H.6 Discussion and Direction on Prioritization of Future Agenda Item Requests (2024 to Present)
Title/Recommendation
Provide direction on the prioritization of outstanding Future Agenda Item Requests submitted by City Council from 2024 to present.
I. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Members wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for the next Council meeting
J. ADJOURNMENT
Any disclosable public records related to an agenda item for the open session of this meeting distributed to all or a majority of the City Council less than 72 hours before this meeting is available for inspection at City Hall, located at 150 City Park Way, during normal business hours.
These writings will also be available for review at the City Council meeting in the public access binder in the entrance of the City Council Chambers.
Public comments received after 3:00 p.m. of the meeting date, but prior to the start of the
meeting, will be emailed to the City Council, posted online at www.brentwoodca.gov/councilmeetingonline within one day following the meeting, and will be summarized in the meeting minutes.
The Closed Captioning provided via Zoom is auto generated. It is not the official record and is provided as a convenience.
If you challenge the any of the matters listed under 'Public Hearings' in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Brentwood City Council at, or prior to, the public hearing
NOTICE
In compliance with the Americans with Disabilities Act, the meeting room is wheelchair accessible and disabled parking is available at the City Hall parking lot. If you are a person with a disability and you need disability-related modifications or accommodations to participate in this meeting, please contact the City Clerk's Office at (925) 516-5440 or fax (925) 516-5441. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. {28 CFR 35.102-35, 104 ADA Title II}
POSTING STATEMENT
On April 24, 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
1 SPECIAL CITY COUNCIL MINUTES
April 14, 2026, 5:30 p.m.
A. CALL TO ORDER & ROLL CALL
Mayor Meyer called the meeting to order at 5:31 p.m.
Roll Call found the following members present: Pierson, Mendoza, Oerlemans, and Mayor Meyer.
Council Member Maloney was found absent at Roll Call and later joined the meeting at 5:35 p.m.
B. PLEDGE OF ALLEGIANCE
Mayor Meyer led the Pledge of Allegiance.
C. BUSINESS ITEMS
C.1 2026/27 – 2030/31 Capital Improvement Program Workshop Sonia Agostini, Accounting Manager and Anju Pillai, Engineering Manager presented the item.
Mayor Meyer opened public comments.
Aaron Hill provided comments in support of the City adding additional pickleball courts throughout the City.
There being no additional speakers, Mayor Meyer closed public comments.
Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Vice Mayor
The Council, by motion, directed staff to accept the CIP as presented with the following additions: add CIP project for a bathroom at Heron Park, move Walnut Park Improvements up to 26/27, move Lake Park Improvements back (to 29/30), leave Oak Meadow Park
Improvements as it was listed in the agenda packet (26/27), move Caboose Park Improvements back by a year (to 27/28), and to continue efforts to move the Pickleball Courts from Creekside Park.
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)
2 D. PUBLIC COMMENTS
There were no public comments.
E. RECESS TO CLOSED SESSION
Moved by: Faye Maloney, Council Member
Seconded by: Pa'tanisha Pierson, Vice Mayor
The Council, by motion, recessed to Closed Session at 6:28 p.m.
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
E.1 PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
F. ADJOURNMENT
The Council reconvened from Closed Session at 7:13 p.m.
Mayor Meyer stated there was nothing to report out from Closed Session.
Moved by: Jovita Mendoza, Council Member
Seconded by: Faye Maloney, Council Member
The Council, by motion, adjourned the meeting at 7:14 p.m.
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
PROCLAMATION
WHEREAS, the City of Brentwood, the Brentwood Lions
Club, Heritage High School and Liberty Union High School have collaborated for the past sixteen years to offer the Youth in Government program to local high school seniors; and
WHEREAS, the City of Brentwood proudly recognizes the
importance of engaging our students in civic life and fostering an early understanding of the democratic process; and
WHEREAS, programs such as Youth in Government
empower students to develop leadership skills, critical thinking, and a commitment to public service; and
WHEREAS, the City of Brentwood celebrates the
contributions, voices, and potential of its students, recognizing them as the next generation of leaders who will strengthen and guide our community; and
WHEREAS, the City of Brentwood deems it important to
recognize and honor those students participating in the 2026 Youth in Government program.
NOW, THEREFORE, BE IT PROCLAIMED that the City
Council of the City of Brentwood does hereby recognize April 28, 2026 as
YOUTH IN GOVERNMENT DAY
in the City of Brentwood, and encourages all residents to support and uplift the civic involvement of our students.
Dated this 28
th day of April, 2026
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, the City of Brentwood proudly celebrates the rich cultures, traditions, and histories of Asian American and Pacific Islander (AAPI) communities, whose contributions have helped shape the vibrant fabric of our nation and our local community; and
WHEREAS, AAPI Heritage Month offers an opportunity to
honor generations of AAPI individuals who have strengthened our country through leadership, innovation, service, and a deep commitment to family and community; and
WHEREAS, the 2026 national observance highlights themes of growth, resilience, and expanding opportunities, recognizing the continued impact and rising voices of AAPI communities across all sectors of society; and
WHEREAS, the City of Brentwood values diversity, inclusion, and unity, and remains committed to fostering a welcoming environment where all cultures are celebrated and all residents can thrive.
NOW, THEREFORE, BE IT PROCLAIMED that the City
Council of the City of Brentwood does hereby recognize May 2026 as
ASIAN AMERICAN AND
PACIFIC ISLANDER HERITAGE MONTH
in the City of Brentwood, and encourages all residents to join in celebrating the heritage, achievements, and enduring contributions of AAPI communities with pride, appreciation, and optimism for the future.
Dated this 28
th day of April, 2026
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, the City of Brentwood is committed to ensuring the safety, resilience, and well-being of our community through the adoption and enforcement of modern building codes; and
WHEREAS, Building Safety Month, led nationally by the
International Code Council, raises awareness about the importance of safe construction, fire prevention, disaster preparedness, and sustainable building practices; and
WHEREAS, the 2026 Building Safety Month theme
encourages communities to take a proactive and positive approach to safety—highlighting innovation, preparedness, and the vital role of building professionals in protecting lives and property; and WHEREAS, the dedicated efforts of our building officials, inspectors, engineers, contractors, and community members help ensure that Brentwood remains a safe, strong, and thriving place to live, work, and grow.
NOW, THEREFORE, BE IT PROCLAIMED, that the City
Council of the City of Brentwood hereby recognizes May 2026, as
BUILDING SAFETY MONTH
in the City of Brentwood, and encourages all citizens to recognize the importance of building safety and to participate in activities that promote a safer, more resilient community.
Dated this 28th day of April 2026
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, Jewish American Heritage Month is celebrated
each May across the United States to honor the rich history, culture, and contributions of Jewish Americans who have helped shape our nation’s civic, cultural, and economic life; and
WHEREAS, Jewish Americans have made enduring
contributions in fields such as public service, science, education, arts, and business, reflecting a legacy of resilience, innovation, and commitment to community; and
WHEREAS, the 2026 national theme, “Sharing Stories,
Building Bridges,” highlights the importance of celebrating diverse voices and fostering understanding, unity, and mutual respect among all people; and
WHEREAS, the City of Brentwood values inclusivity and
cultural awareness, and recognizes that learning from one another’s histories strengthens our shared future and enriches the fabric of our community.
NOW, THEREFORE, BE IT PROCLAIMED, that the City
Council of the City of Brentwood hereby recognizes May 2026, as
JEWISH AMERICAN HERITAGE MONTH
in the City of Brentwood, and encourages all residents to celebrate the vibrant heritage, traditions, and contributions of Jewish Americans through education, reflection, and community
engagement.
Dated this 28
th day of April 2026
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, historic preservation strengthens community
identity by honoring the people, places, and stories that have shaped Brentwood’s past and continue to inspire its future; and WHEREAS, preserving historic buildings and landmarks
supports sustainable growth by conserving resources, encouraging adaptive reuse, and enhancing the character of our City; and WHEREAS, Brentwood’s heritage sites and cultural
landscapes contribute to civic pride, education, and a shared sense of belonging across generations; and
WHEREAS, the national preservation movement, guided by
the theme “People Saving Places,” celebrates the power of communities working together to protect and revitalize the places that matter most.
NOW, THEREFORE, BE IT PROCLAIMED, that the City
Council of the City of Brentwood hereby recognizes May 2026, as
NATIONAL HISTORIC PRESERVATION
MONTH
in the City of Brentwood, and encourages all residents to recognize, celebrate, and support the preservation of our historic and cultural resources.
Dated this 28th day of April 2026
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, water is an essential part of life in Brentwood and across the nation, providing recreation, wellness, and community enjoyment through pools, lakes, rivers, and aquatic facilities; and
WHEREAS, National Water Safety Month promotes
nationally recognized themes of drowning prevention, the importance of swim education for all ages, and the use of multiple layers of protection including supervision, barriers, and life-saving skills such as CPR; and
WHEREAS, communities are encouraged to strengthen
awareness of safe behaviors around water, especially for children and vulnerable populations, to reduce preventable water-related injuries and fatalities; and
WHEREAS, through education, shared responsibility, and
proactive safety practices, we can ensure that every resident has the opportunity to enjoy water activities safely, confidently, and with peace of mind.
NOW, THEREFORE, BE IT PROCLAIMED, that the City
Council of the City of Brentwood hereby recognizes May 2026, as
NATIONAL WATER SAFETY MONTH
in the City of Brentwood, and encourages all residents to take part in learning, practicing, and promoting water safety throughout the month and beyond.
Dated this 28th day of April 2026
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, older adults in the City of Brentwood are valued members of our community whose wisdom, experience, and
lifelong contributions continue to enrich our civic, cultural, and economic life; and
WHEREAS, maintaining health, dignity, and independence
in aging is supported through access to meaningful programs, services, and opportunities that promote well-being and social connection; and
WHEREAS, older Americans remain active participants in
strengthening our community through volunteer service,
mentorship, family support, and continued engagement in local life; and
WHEREAS, the City of Brentwood proudly joins
communities nationwide in recognizing Older Americans Month in May 2026, in alignment with the national theme designated by the Administration for Community Living (ACL), celebrating the many ways older adults contribute to and shape our society.
NOW, THEREFORE, BE IT PROCLAIMED, that the City
Council of the City of Brentwood hereby recognizes May 2026, as
OLDER AMERICANS MONTH
in the City of Brentwood, and encourages all residents to recognize, celebrate, and support the older adults who help make our community strong, vibrant, and compassionate.
Dated this 28th day of April 2026
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, water is one of our most vital natural resources, essential to the health, safety, and prosperity of the residents of Brentwood and communities across the nation; and
WHEREAS, the City of Brentwood is committed to
responsible water stewardship, encouraging conservation practices that protect our local supply, safeguard our environment, and ensure reliability for future generations; and
WHEREAS, national water awareness efforts in 2026
continue to highlight themes of resilience, sustainability, and everyday conservation—echoing programs such as EPA
WaterSense and other nationwide initiatives promoting efficient water use and watershed protection; and
WHEREAS, Water Awareness Month provides an
opportunity to celebrate our shared responsibility to use water wisely, appreciate the systems that deliver it safely, and inspire continued innovation and community action to preserve this precious resource.
NOW, THEREFORE, BE IT PROCLAIMED, that the City
Council of the City of Brentwood hereby recognizes May 2026, as
WATER AWARENESS MONTH
in the City of Brentwood, and encourages all residents to join in efforts to conserve water and protect our natural resources with optimism, care, and community spirit.
Dated this 28th day of April 2026
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, municipal clerks serve as the trusted stewards of local government records and proceedings, safeguarding transparency, accountability, and the public’s right to access information in the City of Brentwood; and
WHEREAS, professional municipal clerks demonstrate
exceptional expertise, dedication, and ongoing training in elections, records management, public meetings, and administrative support that ensure the effective functioning of democratic local government; and WHEREAS, municipal clerks play a vital role in fostering public trust and engagement by providing responsive service, promoting civic participation, and adapting with resilience and innovation to the evolving needs of our community; and
WHEREAS, Professional Municipal Clerks Week is nationally recognized and celebrated in alignment with the International Institute of Municipal Clerks’ annual theme, which highlights the values of integrity, service, professionalism, and excellence in public service.
NOW, THEREFORE, BE IT PROCLAIMED, that the City
Council of the City of Brentwood hereby recognizes May 3–9, 2026, as
PROFESSIONAL MUNICIPAL CLERKS WEEK
in the City of Brentwood, and encourages all residents to recognize and celebrate the indispensable contributions of municipal clerks to our local government and community well-being.
Dated this 28th day of April 2026
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, teachers in Brentwood and across the nation
play a vital role in shaping the minds, character, and future success of students through their dedication, creativity, and care; and WHEREAS, educators continue to inspire lifelong learning by adapting to evolving classroom needs while fostering safe, inclusive, and engaging environments for all students; and WHEREAS, National Teacher Appreciation Week is
celebrated nationwide and, in 2026, is guided by themes of gratitude, professional respect, and strengthening public education in support of every learner’s potential; and
WHEREAS, the City of Brentwood recognizes the profound
and lasting impact teachers have on families, communities, and the future of our society, often going above and beyond each day with unwavering commitment and optimism.
NOW, THEREFORE, BE IT PROCLAIMED, that the City
Council of the City of Brentwood hereby recognizes May 4–8, 2026, as
NATIONAL TEACHER APPRECIATION
WEEK
in the City of Brentwood, and encourages all residents to join in celebrating and honoring our outstanding educators for their invaluable contributions.
Dated this 28th day of April 2026
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, nurses are the backbone of our healthcare
system, providing skilled, compassionate care to individuals and families across every stage of life; and
WHEREAS, the City of Brentwood recognizes the
extraordinary dedication, resilience, and professionalism nurses demonstrate daily in hospitals, clinics, schools, and community settings; and
WHEREAS, nurses continue to serve on the front lines of public health, promoting wellness, preventing illness, and offering comfort and healing with unwavering commitment; and
WHEREAS, National Nurses Day 2026, observed during
National Nurses Week, aligns with the American Nurses
Association’s national theme emphasizing the vital contributions, leadership, and enduring spirit of the nursing profession.
NOW, THEREFORE, BE IT PROCLAIMED, that the City
Council of the City of Brentwood hereby recognizes May 6, 2026, as
NATIONAL NURSES DAY
in the City of Brentwood, and encourages all residents to recognize and celebrate the nurses who enrich our lives through their care, compassion, and service.
Dated this 28th day of April 2026
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, the National Day of Prayer is an annual
observance that invites Americans of all backgrounds to pause in reflection, gratitude, and hope for their communities and nation; and
WHEREAS, communities across the United States,
including the City of Brentwood, come together in unity on this day to lift up prayers for peace, health, wisdom, and prosperity for all residents; and
WHEREAS, the 2026 National Day of Prayer theme, as
designated by the National Day of Prayer Task Force, encourages citizens nationwide to focus their hearts and intentions on collective Hope, Healing, and Renewal; and
WHEREAS, Brentwood continues to be a vibrant and
compassionate community where residents support one another and strive together toward a bright and flourishing future.
NOW, THEREFORE, BE IT PROCLAIMED, that the City
Council of the City of Brentwood hereby recognizes May 7,2026, as
NATIONAL DAY OF PRAYER
in the City of Brentwood, and encourages all residents to take part in this meaningful day of reflection, unity, and optimism.
Dated this 28th day of April 2026
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, the City of Brentwood proudly joins
communities across the nation in honoring the courage, dedication, and sacrifice of the men and women serving in the United States Armed Forces, both at home and abroad; and
WHEREAS, the strength of our nation is built upon the
unwavering commitment of service members and their families, who support military readiness, resilience, and the defense of freedom; and
WHEREAS, National Armed Forces Week serves as a time
of reflection and gratitude, recognizing all branches of the military and celebrating the values of duty, honor, and service that unite our country; and
WHEREAS, the 2026 national observance emphasizes
appreciation for service members and their families, while highlighting continued commitment to unity, preparedness, and hope for a peaceful future.
NOW, THEREFORE, BE IT PROCLAIMED, that the City
Council of the City of Brentwood hereby recognizes May 10–16, 2026, as
NATIONAL ARMED FORCES WEEK
in the City of Brentwood, and encourages all residents to join in honoring and thanking those who serve our nation with distinction.
Dated this 28th day of April 2026
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, the men and women of law enforcement serve
with courage, integrity, and an unwavering commitment to protecting the safety and well-being of the residents of Brentwood and communities across the nation; and
WHEREAS, National Police Week 2026, observed May 10–
16, honors the service and sacrifice of law enforcement officers, including those who have lost their lives in the line of duty, while also recognizing their families who share in that sacrifice; and WHEREAS, this week is celebrated nationwide under the
2026 National Police Week observances, which emphasize
remembrance, resilience, community partnership, and appreciation for those who uphold public safety; and
WHEREAS, the City of Brentwood proudly joins
communities across the country in expressing gratitude and continued support for our police officers who work each day to foster safe, welcoming, and thriving neighborhoods.
NOW, THEREFORE, BE IT PROCLAIMED, that the City
Council of the City of Brentwood hereby recognizes May 10–16, 2026, as
NATIONAL POLICE WEEK
in the City of Brentwood, and encourages all residents to recognize and honor the dedication and service of law enforcement professionals.
Dated this 28th day of April 2026
Susannah Meyer, Mayor
PROCLAMATION
WHEREAS, communities across the nation celebrate Bike to Work Week each May as part of National Bike Month, encouraging residents to embrace bicycling as a fun, healthy, and sustainable mode of transportation; and
WHEREAS, the 2026 national theme, “Ride Smart, Ride
Safe, Ride Together,” highlights the importance of safety, shared responsibility on our roadways, and building a stronger sense of community through cycling; and
WHEREAS, bicycling supports improved public health,
reduces traffic congestion, enhances air quality, and contributes to a more vibrant and connected Brentwood; and
WHEREAS, the City of Brentwood is committed to
promoting active transportation, expanding safe infrastructure, and encouraging residents of all ages and abilities to experience the many benefits of riding a bicycle.
NOW, THEREFORE, BE IT PROCLAIMED, that the City
Council of the City of Brentwood hereby recognizes May 11–17, 2026, as
BIKE TO WORK WEEK
in the City of Brentwood, and encourages all citizens to participate, ride safely, and enjoy the journey toward a healthier and more sustainable community.
Dated this 28th day of April 2026
Susannah Meyer, Mayor
CITY COUNCIL AGENDA ITEM NO. F.17
04/28/2026
SUBJECT: Approve a Lease of 2nd Street Parking Lot and Amend the 2025/26 Operating Budget
DEPARTMENT: City Manager’s Office
STAFF: G. Harold Duffey, City Manager
Ricardo Noguera, Economic Development Manager
TITLE/RECOMMENDATION
Adopt a Resolution of the City Council of the City of Brentwood approving a Parking Lot Lease Agreement “Agreement” between DJA Properties, LLC and the City of Brentwood for the lease 715 and 739 2nd Street and amend the 2025/26 General Fund Operating Budget.
FISCAL IMPACT
If the Agreement is approved, the total FY 2025/26 cost would be $38,000 (includes fencing costs, but excludes any insurance premium increase). The total Agreement and ancillary cost with optional extensions would be $92,000 for the two-year term.
The cost of the Agreement would be funded by the General Fund, which would require a budget amendment of $38,000 for the FY 2025/26 costs. Since the City utilizes a “pooled insurance system”, it is too early to determine what the City will be paying for insurance for this property.
The terms of the Agreement require that the first six month’s rent of $18,000 be paid within 30 days of approval of the lease agreement. The Agreement includes an option for the City to extend the term of the Agreement for up to three additional six-month periods, during which rent would be due on a monthly basis.
The Agreement requires that within ten days of commencement of the lease that the City installs fencing on the property boundary Oak Street. The estimated cost to install this fencing is $20,000.
The Agreement also requires that the City’s insurance coverage apply on a primary basis to the rented parcels and that the Owner be included as “added insured”. The estimated cost for this coverage will be determined in the next few weeks.
CITY COUNCIL AGENDA ITEM NO. F.17
04/28/2026
The total cost of the Agreement by fiscal year is summarized below:
Agreement Cost by Fiscal Year
General
Fund Cost
FY 2025/26 Six month’s rent 30 days after approval $18,000 FY 2025/26 Estimated Fencing Cost $20,000
FY 2025/26 Estimated Insurance Cost TBD
FY 2025/26 Total Cost $38,000
FY 2026/27 (Monthly rent beginning 11/1/2026) $24,000
FY 2026/27 Estimated Insurance Cost TBD
FY 2026/27 Total Cost $24,000
FY 2027/28 (Monthly rent ending 4/30/2028) $30,000
FY 2027/28 Estimated Insurance Cost TBD
FY 2027/28 Total Cost $30,000
Total Agreement Cost with Optional Extensions $92,000
If the Agreement is approved, the FY 2025/26 Operating Budget would need to be amended by $38,000 and the FY 2026/27 and FY 2027/28 costs would be included in the draft 2026/27 – 2027/28 Operating Budget presented in June of 2026 for consideration of adoption by the City Council. Due to timing constraints these additional costs would not be included in the draft Operating Budget to be presented in May at the City Council Operating Budget workshop.
BACKGROUND
The City is seeking to lease this strategically located parcel immediately across the street from City Hall and City Park. The intent of leasing this 16,250 square foot property (2 parcels) is to preserve the lots for events and activate the property with programming that aligns with the Downtown Specific Plan, focused on entertainment and recreational use. This should preserve the flexibility while adding meaningful value to downtown.
The City’s Park and Recreation Department is also planning to utilize the space to support Juneteenth and Music in the Park, while also expanding activities for the family-oriented downtown environment. There is also discussion about creating a “Winter Market” to support the sale of goods and foods/drinks in kiosks during the holiday season. Specifics related to the Winter Market are still being discussed but the thought is to create a dynamic holiday wonderland where locals and visitors alike will be drawn to Downtown and this site in particular to enjoy a festive environment.
CITY COUNCIL AGENDA ITEM NO. F.17
04/28/2026
Ultimately, the goal is to draw visitors to the Downtown area and support area businesses during the holiday season.
CITY COUNCIL STRATEGIC INITIATIVE
One of the City’s key initiatives in promoting Economic Development is to establish a “Winter Market”. As part of this effort, the Council has directed staff to develop a Downtown Winter Market program designed to attract visitors, support local businesses, and enhance holiday tourism.
The City’s goal is to develop a Winter Market inspired by traditional European-style holiday markets, featuring festive lighting, tasteful seasonal decorations, and vendor booths that activate the down streets and public spaces.
The City Council has established a Winter Market Council Committee to provide policy guidance. Staff will convene bi-weekly coordination meetings with the committee to review concepts, provide progress updates, and receive direction throughout the planning process.
PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.
DATE OF NOTICE
Not Applicable.
ENVIRONMENTAL DETERMINATION
Not Applicable.
ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:
1. Do not approve staff’s recommendation.
2. Modify staff’s recommendation based on legally defensible findings.
3. Continue item with direction for staff to return with additional information.
ATTACHMENT(S)
1. Resolution No.
2. Previous Actions
3. Draft Lease Agreement
4. Aerial of Site
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING A PARKING LOT LEASE AGREEMENT
BETWEEN DJA PROPERTIES, LLC AND THE CITY OF BRENTWOOD
FOR THE LEASE OF 715 AND 739 2ND STREET AND AMENDING
THE 2025/26 GENERAL FUND OPERATING BUDGET IN THE
AMOUNT OF $38,000
WHEREAS, on June 26, 2002, by authority under the Purchasing Policy, the City Manager entered into a three-year lease for real property identified as portions of 715 and 739 Second Street and 219 Oak Street, further identified as Assessor Parcel Numbers (APN) 013-080-005, 006 & 008, generally located on the south side of Second Street across from the City Park; and
WHEREAS, on November 12, 2002, by Resolution No. 2739, City Council awarded a contract to construct the Second Street Parking Lot, CIP Project No. 336- 3135; and
WHEREAS, on June 14, 2005, by Resolution No. 2005-143, City Council adopted the 2005/06 – 2006/07, Operating Budget to reflect the rental increase of an additional $5,000 in FY 2005/06 and an additional $5,900 in FY 2006/07; and WHEREAS, on June 28, 2005, the City Council approved the renewal of a parking lot lease with Gill E.F. Trust, for the 2nd Street Parking Lot and amended the 2005/06 – 2006/07 Operating Budget to reflect this increase. This renewal is for real property identified as portions of 715 and 739 Second Street and 219 Oak Street, further identified as APN 013-080-005, 006 & 008.
WHEREAS, on August 12, 2008, by Resolution No. 2008-204, City Council approved and authorized the City Manager of designee to execute the lease agreement between the Gill E.F. Trust and the City of Brentwood for the 2nd Street Parking Lot; and
WHEREAS, on July 11, 2018, Amendment No. 1 to the Sublease was executed, extending, pursuant to Section 3 of the Sublease, the term of the Sublease for an additional twelve months; and
WHEREAS, on July 1, 2019, the Parties desired to retroactively extend the extended term of the Sublease; and
WHEREAS, on July 22, 2019, and effective as of the 1st day of July, 2019, retroactively extending the Parking Lot Subleases (the Subleases) by and between DJA Properties, LLC (Landlord), Tom Gregory (Tenant), and the City of Brentwood, a municipal corporation of the State of California (Subtenant) (collectively, the “Parties”);
WHEREAS, on April 28, 2026, DJA Properties, LLC (Landlord) and the City of Brentwood (Tenant), a municipal corporation of the State of California (Tenant), hereby agree to a six-month lease of a parking lot with the following assessor parcel numbers:
1. 013-080-005-5 (9.75k square feet)
2. 013-080-006-3 (6.5k square feet)
For the monthly fee of $3,000, with the initial six (6) months’ rent to be paid in full within thirty (30) days of Council’s approval of the lease, and with up to three (3) six-month extensions at the sole discretion of the Tenant upon written notice to Landlord given at least thirty (30) days prior to the expiration of the then-current term; and
WHEREAS, the City is also responsible for installing a fence on the northern and western edges of theowner’s Oak Street property and listing the owner as added insured as part of the costs commercial liability insurance.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve the Parking Lot Lease Agreement between DJA Properties, LLC and the City of Brentwood for the lease of 715 and 739 2nd Street and amend the 2025/26 General Fund Operating Budget in the amount of $38,000.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 28th day of April 2026, by the following vote:
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 June 26, 2002, by authority under the Purchasing Policy, the City Manager entered into a three-year lease for real property identified as portions of 715 and 739 Second Street and 219 Oak Street, generally located on the south side of Second Street across from the City Park.
On November 12, 2002, by Resolution No. 2739, City Council awarded a contract to construct the Second Street Parking Lot, CIP Project No. 336-3135.
On June 14, 2005, by Resolution No. 2005-143, City Council adopted the 2005/06 – 2006/07, Operating Budget to reflect the rental increase of an additional $5,000 in FY 2005/06 and an additional $5,900 in FY 2006/07.
On June 28, 2005, the City Council approved the renewal of a parking lot lease with Gill E.F. Trust, for the 2nd Street Parking Lot and amended the 2005/06 – 2006/07 Operating Budget to reflect this increase. This renewal is for real property identified as portions of 715 and 739 Second Street and 219 Oak Street.
On August 12, 2008, by Resolution No. 2008-204, City Council approved and authorized the City Manager or designee to execute the lease agreement between the Gill E.F. Trust and the City of Brentwood for the 2nd Street Parking Lot.
On July 11, 2018, Amendment No. 1 to the Sublease was executed, extending, pursuant to Section 3 of the Sublease, the Term of the Sublease for an additional twelve months.
On July 1, 2019, the Parties desired to retroactively extend the Extended Term of the Sublease.
On July 22, 2019, and effective as of the 1st day of July, 2019, retroactively extending the Parking Lot Subleases (the Subleases) by and between DJA Properties, LLC (Landlord), Tom Gregory (Tenant), and the City of Brentwood, a municipal corporation of the State of California (Subtenant/collectively, the “Parties”).
On November 12, 2025 the City Council directed staff to consider Economic Development Grant funds from FY 2026/27 to support a future Winter Market. This included developing a proposal for funding, planning and implementation of a Winter
Market utilizing Economic Development Grant funds; establishing a Winter Market Planning Committee including the Mayor, Council Member Mendoza and designated city staff. Local businesses and business organizations would also participate in the process of recruiting and selecting market vendors. A Marketing and Outreach Plan will also be developed to drive regional tourism from across the San Francisco Bay Area. Staff were directed to return with a budget, time-line and partnership plan for Council’s approval.
2nd Street Parking lot
PARKING LOT LEASE AGREEMENT
[715 and 739 2
nd Street]
This Parking Lot Lease (the "Lease") is entered into as of the ___ day of ____________, 2026, and effective as of the 1st day of May 2026, by and between DJA Properties, LLC (“Landlord”) and the City of Brentwood, a municipal corporation of the State of California ("Tenant"). Landlord and Tenant may be referred to individually as a “Party” and collectively as the “Parties.”
1. Premises. The Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, that certain real property owned by Landlord in the City of Brentwood, Contra Costa County, California, commonly known as 715 and 739 2nd Street, parcel numbers 013-080-006 and 013-080-005 (the “Premises”).
2. Use. Tenant shall have the exclusive right to use the Premises for public parking and related incidental uses, including but not limited to tent sales, food truck transactions, or craft fairs. Landlord shall ensure the access points to the Premises remain open, unobstructed, and accessible to Tenant at all times during the term of the Lease. Tenant’s use shall include any lawful governmental or municipal purpose, including without limitation public parking, events, staging, storage, or temporary uses as determined by Tenant in its sole discretion. Landlord acknowledges and agrees that the temporary use of the Premises may occasionally include the use of areas beyond the parking stalls for tent sales, food truck transactions, craft fairs, etc., and may be used for any valid municipal purpose.
3. Term. The term of this Lease shall commence on May 1, 2026, (“Commencement Date”) and shall terminate on October 31, 2026. Notwithstanding the foregoing, Tenant shall have the option to extend the term for up to three additional extension periods of six months each, upon written notice to Landlord given at least thirty (30) days prior to the expiration of the then-current term. Any such extension shall be subject to Landlord’s approval, which shall not be unreasonably withheld, conditioned, or delayed. Landlord shall approve or deny such extension within five (5) days after receipt of Tenant’s written notice, and failure to respond within such period shall be deemed approval. All extensions shall be on the same terms and conditions set forth in this Lease, unless otherwise agreed in writing by the Parties.
4. Rent. Tenant shall pay to Landlord monthly rent in the amount of three thousand dollars ($3,000). Within thirty (30) days following City Council approval of this Lease, Tenant shall pay to Landlord an amount equal to six (6) months’ rent, or eighteen thousand dollars ($18,000), which shall be applied to the first six (6) months of the term. Notwithstanding the foregoing, Tenant’s payment obligations are contingent upon annual appropriation of funds by the City Council. In the event funds are not appropriated, Tenant may terminate this Lease without penalty upon providing at least sixty (60) days written notice to Landlord. Rent shall be due and payable on the first day of each month during the term period.
5. Taxes and Assessments. Landlord shall be responsible for payment of all real property taxes, assessments, and other charges levied against the Premises or improvements located thereon.
6. Utilities. There are currently no utility services to the Premises. However, Tenant shall have the right, at its sole cost and expense, to install utilities to the Premises if necessary for its uses.
7. Insurance. Tenant shall maintain a program of self-insurance or participation in a municipal risk pool providing general liability coverage with limits of not less than $2,000,000. Such coverage shall apply on a primary basis to the extent applicable to Tenant’s coverage program. Tenant shall cause Landlord to be named as an additional insured with respect to liability arising out of Tenant’s use and occupancy of the Premises.
2 8. Repairs and Maintenance.
A. Tenant Responsibilities. At all times during the term, Tenant shall, at its cost and expense, conduct routine maintenance, including maintaining the Premises in a clean and orderly condition, ensuring adequate surface conditions, and fixing any damage resulting from Tenant’s use.
Tenant may install and maintain temporary improvements such as striping, signage, posts, or any items necessary for Tenant’s uses. Tenant shall have no obligation to make structural repairs or remediate hazardous conditions. Within ten (10) days of commencement of the term of this Lease, Tenant is responsible for installing and maintaining a barricade on the Oak Street property along the boundary abutting the two parcels subject to this Lease, as shown in Exhibit “A,” attached hereto and incorporated herein.
B. Landlord Responsibilities. Landlord shall be responsible for all structural repairs, subsurface conditions, and hazardous materials not caused by Tenant. Landlord shall be solely responsible for compliance with state and federal environmental reporting, disclosure and clean-up laws to the extent applicable.
9. Assignment and Subletting. Tenant shall not voluntarily assign or otherwise transfer its interest in this Lease without Landlord’s consent, which consent will not be unreasonably withheld.
10. Default. The occurrence of any one or more of the following events shall constitute a default under this Lease:
A. Failure of Tenant to pay an installment of rent when due; B. Failure of either Party to perform any obligation required under this Lease; or C. Breach of any other specific provision of this Lease.
11. Remedies in Event of Default. In the event a default occurs due to the failure of the Tenant to make the payment of any installment of rent when due, and in the event Tenant fails to remedy such default within ten (10) days after written notice from Landlord specifying the nature of such default, then Landlord shall have the right to terminate this Lease by providing written notice to Tenant. In the event a default occurs due to breach of any other specific provision of this Lease, the defaulting Party shall have thirty (30) days after receipt of written notice to cure such non-monetary default, or such longer period as may be reasonably necessary to effect such cure, so long as the defaulting Party commences cure within such thirty (30) day period and diligently prosecutes the same to completion.
12. Ownership of Improvements. At the expiration of this Lease, any improvements installed by Tenant may be removed by Tenant prior to expiration. However, Tenant shall have no obligation to remove improvements unless specifically requested by Landlord at least thirty (30) days prior to expiration. Any improvements not removed shall become the property of the Landlord.
13. Miscellaneous.
A. Attorney's Fees. In the event any action or proceeding is initiated by either Party against the other Party to enforce, or for the breach of, any of the terms, covenants or conditions contained in this Lease, the prevailing Party shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing Party, as determined by the court, except as otherwise required by applicable law.
B. Waiver. No waiver of any breach of any of the terms, covenants, restrictions or conditions of this Lease shall be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions and conditions hereof.
3 C. Lease Binding Upon Successors and Assigns. Subject to the limitations on assignment and subleasing, each of the terms, covenants and conditions of this Lease shall extend to and be binding on and inure to the benefit of not only Landlord and Tenant, but each of their successors and assigns.
Whenever in this Lease reference is made to Landlord or Tenant, the reference shall be deemed to include, wherever applicable, the successors and assigns of such Parties the same as if in every case expressed.
D. Entire Agreement. This Lease contains the entire agreement of the parties hereto with respect to the matters covered hereby, and no other previous agreement, statement or promise made by any Party hereto with respect to the matters covered hereby, and no other previous agreement, statement or promise made by any Party hereto which is not contained herein shall be binding or valid.
E. Indemnification. To the extent permitted by law:
• Tenant shall indemnify and hold harmless Landlord from claims arising from Tenant’s use of the Premises, except to the extent caused by Landlord’s negligence or willful misconduct.
• Landlord shall indemnify and hold harmless Tenant from claims arising from (i) the condition of the Premises, (ii) Landlord’s ownership, maintenance or failure to comply with laws, and (iii) any pre-existing environmental condition. • Nothing in this Lease shall be construed as a waiver of Tenant’s governmental immunities under applicable law.
14. Payments and Notices. Any notice to be given or other document to be delivered by either Party to the other Party may be given by personal delivery or may be deposited in the United States mail in the State of California, with first-class postage pre-paid, and addressed to the Party for whom intended as follows:
TO LANDLORD: TO TENANT:
DJA Properties, LLC
8415 S. Valentine Ave.
Fresno, CA 93706
City of Brentwood
Attn: City Manager
150 City Park Way
Brentwood, CA
94513
Any Party may, by written notice to the other Party, designate a different address, which shall be substituted for the one specified above. If any notice or other document is sent by registered or certified mail, as provided above, the same shall be deemed served or delivered seventy-two (72) hours after the mailing thereof.
15. Agreement Signed in Counterparts. This Lease may be signed by the Parties in one or more counterparts, each of which shall be deemed the original, and all of which together shall constitute one and the same instrument, and the signature pages combined to create one document binding on both Parties.
16. Existing Environmental Condition of Premises. Landlord represents that, to its knowledge, there are no hazardous materials on the Premises and the Premises are in compliance with applicable environmental laws, except as disclosed in writing. Landlord shall remain responsible for any preexisting environmental conditions, whether known or unknown, and any required remediation. Tenant shall be
4 responsible for any environmental contamination or release of hazardous materials caused by Tenant or its agents in connection with Tenant’s use of the Premises during the term. Tenant and Landlord shall comply with all applicable environmental laws and regulations in connection with the use and operation of the Premises.
Tenant understands and acknowledges that the Premises are subject to certain testing and remediation requirements by the California Regional Water Quality Control Board, Central Valley Region.
Tenant agrees to allow Landlord to access the Premises throughout the term of the Lease in order to comply with certain regulatory requirements, including, without limitation, testing, repairing, maintaining or monitoring wells on the Premises and/or installing testing, repairing, maintaining or monitoring new monitoring wells on the Premises. Landlord shall indemnify Tenant for any regulatory action or cleanup obligation.
IN WITNESS WHEREOF, the Parties execute this Lease as follows:
LANDLORD:
DJA Properties, LLC
*By:
Printed Name:
Title:
**By:
Printed Name:
Title:
TENANT:
City of Brentwood:
By:
G. Harold Duffey, City Manager
ATTEST:
By:
Amanda McVey, City Clerk
APPROVED AS TO FORM:
By:
Thomas Lloyd Smith, Interim City Attorney
CITY COUNCIL AGENDA ITEM NO. F18
04/28/2026
SUBJECT: Award of contract to Consolidated Engineering Inc. for the Pavement Management Program 2026 (Asphalt), CIP Project No. 336-31705
DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Anju Pillai, Engineering Manager
Brant Wilson, Associate Civil Engineer
TITLE/RECOMMENDATION
Adopt a Resolution approving the contract documents, awarding the bid, and authorizing the City Manager or designee to execute a contract and necessary documents for the Pavement Management Program 2026 (Asphalt), CIP Project No. 336-31705, (“Project”) with Consolidated Engineering Inc. as the lowest responsible and responsive bidder in the amount of $1,929,999, plus a contingency of $482,500 (25%), for a total funding authorization not to exceed amount of $2,412,499.
FISCAL IMPACT
The total contract amount with Consolidated Engineering Inc. is $1,929,999, plus a contingency of $482,500 (25%), for a total funding authorization not-to-exceed amount of $2,412,499.
The funds for this Project are included in the 2025/26–2029/30 Capital Improvement Program (“CIP”). Funding for the Project is from the General Fund and Road Maintenance and Rehabilitation Account (“RMRA”) funds.
The contractor’s scope of work also covers the Trail Pavement Management Project, which is funded by the General Fund and Measure J funds.
There is sufficient Project budget to award the cost of the contract plus a 25% contingency.
CITY COUNCIL AGENDA ITEM NO. F18
04/28/2026
BACKGROUND
The streets and locations proposed for rehabilitation this year are identified on the attached list (Attachment 3). This list reflects the segments recommended for improvement as part of the City’s ongoing pavement management efforts and available funding for the current fiscal year.
The process for selecting streets for resurfacing is based on several factors intended to maintain the safety and quality of the City’s roadway network. Streets are prioritized using the Pavement Condition Index (“PCI”), which measures pavement condition; streets with lower PCI scores are generally given higher priority for rehabilitation.
Staff also considers the time since a street segment or neighborhood was last rehabilitated, with those having gone the longest without rehabilitation prioritized.
Project cost is another key factor, as staff aim to maximize the overall benefit of available funding while addressing the most critical needs.
Furthermore, staff takes into account the functional importance of each street, such as, its role in traffic circulation, access to key destinations, and overall community connectivity.
By balancing these criteria, staff ensures that the streets in greatest need of attention are addressed first, promoting a safer, and more efficient transportation system for all.
This Project scope includes removing and replacing damaged pavement, resurfacing streets, repairing areas with significant wear, sealing cracks to prevent further damage, and applying a protective slurry seal to extend the life of the pavement. The Project will also include repainting lane lines and street markings, replacing pavement markers, and adjusting utility covers such as manholes and valves so they are level with the new street surface.
Using the same selection process, this Project will also rehabilitate a City-owned parking lot and City-maintained pedestrian/bicycle trail, consistent with the Trail Pavement Management Project.
The Project was advertised on February 27, 2026, and bids were opened on March 25, 2026. The following eight bids were received:
CITY COUNCIL AGENDA ITEM NO. F18
04/28/2026
Bidder Bid Amount
Consolidated Engineering, Inc. $1,929,999.00
Rapid Grading Services $2,007,937.30
Mountain Cascade Inc. $2,098,530.00
Knife River Construction $2,164,187.00
Bay Cities Paving & Grading, Inc. $2,175,026.00
Ghilotti Bros, Inc. $2,236,636.00
Radius Earthwork, Inc. $2,254,350.25
United Pavement Maintenance $2,725,748.00
Staff reviewed the bids received and are recommending the award of the contract to Consolidated Engineering, Inc. as the lowest responsible and responsive bidder for the Project, following consideration of a protest submitted by the second lowest bidder, Rapid Grading Services (RGS). Following consultation with the City Attorney’s office, a response to the bid protest was submitted in writing to RGS (see Attachment 5), to which RGS acknowledged receipt, and thanked the City for the update.
CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.
PREVIOUS ACTION
Previous action by the City Council is included in Attachment 1.
ENVIRONMENTAL DETERMINATION
The Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15301(c) (Existing Facilities) of the CEQA Guidelines. A Notice of Exemption was filed with the Contra Costa County Clerk Recorder on February 25, 2026. There is no substantial evidence that the Project would result in a significant environmental effect, and none of the exceptions set forth in CEQA Guidelines Section 15300.2 apply.
CITY COUNCIL AGENDA ITEM NO. F18
04/28/2026
ALTERNATIVE OPTION(S)
1. Do not approve staff’s recommendation.
2. Modify staff’s recommendation based on legally defensible findings.
3. Continue the item with direction for staff to return with additional information.
ATTACHMENT(S)
1. Previous Action
2. Resolution
3. List of Locations
4. Contract
5. City’s Bid Protest Response
6. CIP Project Sheet
PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.
On July 22, 2025, by Resolution No. 2025-82, the City Council adopted the 2025/26 – 2029/30 Capital Improvement Program, which included the Project.
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING THE CONTRACT DOCUMENTS,
AWARDING THE BID AND AUTHORIZING THE CITY MANAGER
OR DESIGNEE TO EXECUTE A CONTRACT AND NECESSARY
DOCUMENTS FOR THE PAVEMENT MANAGEMENT PROGRAM
2026 (ASPHALT), CIP PROJECT NO. 336-31705, WITH
CONSOLIDATED ENGINEERING, INC. AS THE LOWEST
RESPONSIBLE AND RESPONSIVE BIDDER IN THE AMOUNT OF
$1,929,999.00, AND AUTHORIZING A CONSTRUCTION
CONTINGENCY IN THE AMOUNT OF $482,500 (25%), FOR A
TOTAL FUNDING AUTHORIZATION NOT TO EXCEED AMOUNT OF
$2,412,499
WHEREAS, on July 22, 2025, by Resolution No. 2025-82, the City Council adopted the 2025/26 – 2029/30 Capital Improvement Program, which included the Pavement Management Program 2026, CIP Project No. 336-31705 (“Project”); and WHEREAS, this Project will resurface streets throughout the City and includes pavement rehabilitation through reconstruction, grind and overlay, dig-outs, crack sealing, and slurry sealing and also includes replacing traffic striping, legends, and pavement markers, as well as lowering and adjusting existing utility covers to final grade; and
WHEREAS, this Project will also rehabilitate a City-owned parking lot and Citymaintained pedestrian/bicycle trail, consistent with the Trail Pavement Management Project; and
WHEREAS, the Project was advertised on February 27, 2026, and a total of eight bids were received and opened on March 25, 2026; and WHEREAS, staff reviewed the bids received and recommends the award of the contract for the Project to Consolidated Engineering, Inc. for submitting the lowest responsible and responsive bid, following consideration and rejection of, a protest submitted by the second lowest bidder, Rapid Grading Services; and; WHEREAS, the City Council finds that Consolidated Engineering, Inc. is the lowest responsible and responsive bidder, and that award of the contract is consistent with the City’s bidding requirements and in the best interests of the City; and WHEREAS, the Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15301(c), and a Notice of Exemption was filed on February 25, 2026, and none of the exceptions set forth in CEQA Guidelines Section 15300.2 apply.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve the contract documents, award the bid and authorize the City Manager or designee to execute a contract and necessary documents for the Pavement Management Program 2026 (Asphalt), CIP Project No. 336-31705, with Consolidated Engineering, Inc. as the lowest responsible and responsive bidder in the amount of $1,929,999, and authorize a construction contingency in the amount of $482,500(25%), for a total funding authorization not to exceed amount of $2,412,499.
BE IT FURTHER RESOLVED that the City Manager or designee is authorized to approve construction change orders consistent with the contract documents and within the approved contingency amount.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 28th day of April 2026 by the following vote:
Attachment 3 - List of Locations
Pavement Management Program 2026 (Asphalt)
This Project will resurface streets throughout the City, which consists of:
Reconstruction
Anderson Lane from Ascot Pl to City Limits
Lone Oak Road and Caper Dr
Grind and Overlay
Central Boulevard from Fairview Ave to Valley Green Dr
Balfour Road at Walnut
Garin Parkway from Chestnut St to Oak St
Jeffrey Way (near Lone Tree Way)
Dig Outs
1436 Legend Ln
802 Monterosa Ct
1640 Lillian St
O’Hara Ave (near Adams Ln)
O’Hara Ave (near Sassafras Dr)
1596 Cherry Blossom Ct
151 Wexford St
1491 Dawnview Dr
Slurry Seal
Slurry Seal of the following neighborhoods:
8416 – Sunset Crossing
7059 – Horizon Collection at Sand Creek I
7915 – Horizon Collection at Sand Creek II
7944 – Edgewood V
7433 – Edgewood IV
7432 – Edgewood III
6811 – Solana
7856 – Edgewood IIA
6805 – Edgewood I
7276 – Edgewood II
8661 – Stonehaven
Crack Seal
Lone Tree Way from Empire Ave to Fairview Ave
Contract
This public works contract (“Contract”) is entered into by and between the City of Brentwood (“City”) and Consolidated Engineering, Inc. (“Contractor”), for work on the Pavement Management Program 2026 (Asphalt), CIP Project No. 336-31705 Project (“Project”).
The parties agree as follows:
1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On April 28, 2026, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below. City has elected to include the following Project alternate(s) in the Contract: No Alternates
2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.
2.1 Notice Inviting Bids;
2.2 Instructions to Bidders;
2.3 Addenda, if any;
2.4 Bid Proposal and attachments thereto;
2.5 Contract;
2.6 Payment and Performance Bonds;
2.7 General Conditions;
2.8 Special Conditions;
2.9 Project Plans and Specifications;
2.10 Change Orders, if any;
2.11 Notice of Potential Award;
2.12 Notice to Proceed; and
2.13 The following: No other documents
3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.
4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $1,929,999 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.
5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 70 calendar days from the start date set forth in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.
6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $2,500 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.
7. Labor Code Compliance.
7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.
7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.
7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.
8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”
9. Conflicts of Interest. Contractor, its employees, Subcontractors, and agents may not have, maintain, or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.
10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.
11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:
City:
City of Brentwood
Engineering Department
150 City Park Way, Brentwood, CA 94513
(925) 516-5420
Attn: Brant Wilson, PE, Associate Civil Engineer
[email protected]
Contractor:
Name: Consolidated Engineering, Inc.
Address: P.O. Box 701
City/State/Zip: Valley Springs, CA 95252
Phone: (925) 752-5366
Attn: Casey Curtin
Email: [email protected]
12. General Provisions.
12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.
12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.
12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Contra Costa County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Contra Costa County, California.
12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.
12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.
12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.
12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.
12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code § 313.
12.9 Digital/Electronic Signatures. Using a City-approved method, this Contract may be executed through the use of digital or electronic signatures in accordance with Government Code Section 16.5. The presence of an electronic signature on this Contract will be construed as the Parties’ consent to do business electronically. [Signatures are on the following page.]
The parties agree to this Contract as witnessed by the signatures below:
CITY: Approved as to form:
s/_______________________________ s/__________________________________ G. Harold Duffey, City Manager Thomas Lloyd Smith, Interim City Attorney Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
Amanda McVey, City Clerk
Date: ___________________________
CONTRACTOR: Consolidated Engineering, Inc.
Business Name
s/_______________________________ Seal:
________________________________
Casey Curtin, President/Secretary
Date: ____________________________
#1013580_______Expires 12/31/2026________________
Contractor’s California License Number(s) and Expiration Date(s)
END OF CONTRACT
OFFICE OF THE CITY ATTORNEY 150 City Park Way
Brentwood, CA 94513
Thomas Lloyd Smith Telephone: (925) 516-5320
Interim City Attorney Fax: (925) 516-5311
[email protected]
Shanna Edwards
Assistant City Attorney
Brittany Brace
Assistant City Attorney
CA/Corresp/2026.034.3.docx
April 7, 2026
Via email only to:
Efrain Hinojosa, Manager
Rapid Grading Services
23842 Cabot Blvd.
Hayward, CA. 94545
Re: Pavement Management Program 2026 (Asphalt) Project
City of Brentwood CIP No. 336-31705
Response to Bid Protest
Dear Mr. Hinojosa:
On behalf of the City of Brentwood (“City”) this letter responds to the bid protest dated March 27, 2026 that you submitted on behalf of Rapid Grading Services (“RGS”), the apparent second lowest bidder for the above-referenced City project (“Project”). The bid protest alleges that the bid submitted by the lowest bidder, Consolidated Engineering, Inc. (“CEI”), should be rejected as nonresponsive because RGS did not list a striping subcontractor, nor does CEI have the materials, supplies, and equipment necessary to perform the scope of work of the Project.
A. BACKGROUND
Bids for the Project were due and opened on Wednesday, March 25, 2026. Following review of the bids, the City determined that at $1,929,999.00, CEI had submitted the lowest bid and that RGS had submitted the second lowest bid at $2,007,937.30. The bid results, as shown in Exhibit A hereto, were posted on the City’s website at approximately 4:59 p.m. on March 25, 2026.
On March 26, 2026, the Engineering Department received a call from RGS requesting that a copy of CEI’s bid package be provided via email. City staff emailed you CEI’s bid package on March 27, 2026 at 11:33 a.m. RGS subsequently submitted its bid protest via email on March 27, 2026 to the City, and included Casey Curtin, President for CEI, on the email.
The protest alleges that the Subcontractor List submitted with CEI’s bid did not list a subcontractor to perform the thermoplastic striping items of the Project, which RGS alleges indicates that CEI would be self-performing the thermoplastic striping items included in the Bid Schedule, but that CEI does not have the materials, supplies, and equipment necessary to perform the thermoplastic striping items. Further, RGS stated that Section 5 of the Bidder’s Questionnaire asks the Bidder to provide information on past projects performed as a General Contractor, and that the responses on the Bidder’s Questionnaire submitted by CEI do not specify whether the striping was self-performed by CEI, or done by a subcontractor, on those projects, and the City should inquire as to how those projects were completed.
CA/Corresp/2026.034.3.docx
Casey Curtin provided a written response to the City the same day, a copy of which you were provided on March 27, 2026 at 2:29 p.m. CEI’s response notes that RGS’ allegations fail to identify any material defect in CEI’s bid that would render it non-responsive. Further, CEI disputes RGS’ interpretation of subcontractor lists and prime contractors retaining the right to self-perform work. Additionally, CEI provides that it intends to self-perform the thermoplastic striping items, so no subcontractor was required to be listed, and that CEI possesses qualified personnel, access to thermoplastic striping equipment, vendor relations, prior public work experience, as well as striping and pavement marking experience, to enable CEI to self-perform the work.
B. ANALYSIS
Section 17 of the Instructions to Bidders states, in pertinent part (emphasis added):
“The prime contractor must perform at least 50% of the Work on the Project, calculated as a percentage of the base bid price, with its own forces, except for any Work identified as “Specialty Work” in the Contract Documents.
The total bid amount for any such Specialty Work, as shown on the Bid Schedule, may be deducted from the base bid price before computing the 50% self-performance requirement. The remaining Work may be performed by qualified Subcontractor(s)” As specified in Public Contract Code section 4106, it is assumed that a contractor will selfperform the work they do not list a subcontractor for, for any portion of the work over the statutory threshold (one half of 1% of the bid price). Public Contract Code section 4106 states (in part (emphasis added)):
“If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of the 1 percent of the prime contractor’s total bid, the prime contractor agrees that he or she is fully qualified to perform that portion himself or herself, and that the prime contractor shall perform that portion himself or herself.” CEI’s Subcontractor List included subcontractors performing approximately 41.8% of the Work.
Since Section 17 requires the prime contractor to perform at least 50% of the Work, there would only be about 8.2% of Work remaining that could be performed by subcontractors. CEI’s statement that is it self-performing the thermoplastic work, taken in conjunction with no subcontractors listed in its bid for that work, shall mean the prime contractor is fully qualified to perform that work itself, and intends to perform that work itself.
Additionally, Article 1 of the General Conditions defines “Specialty Work” as “Work that must be performed by a specialized Subcontractor with the specified license or other special certifications, and that the Contractor is not qualified to self-perform. (emphasis added)” The Revised Bid Schedule (included in Addendum No. 1) did not indicate that any items in the Bid Schedule were “Specialty Work” required to be performed by a qualified Subcontractor, as such, the prime contractor could self-perform all of the items on the Bid Schedule, if it so chooses.
CA/Corresp/2026.034.3.docx
Finally, under well-established California law, a bid is responsive “if it promises to do what the bidding instructions require.” (Bay Cities Paving & Grading, Inc. v. City of San Leandro (2014) 223 Cal.App.4th 1181, 1187; hereafter “Bay Cities.”)
Based on the fact that thermoplastics were not identified as Specialty Work requiring a subcontractor with a specialized license to perform it, a subcontractor was not included on the Subcontractor List to perform the thermoplastic work, and CEIs statement in its bid protest response that it intends to self-perform the work, and has the ability to self-perform the work, the City is satisfied that the bid submitted by CEI is responsive as a matter of law.
C. CONCLUSION
The City appreciates RGS’s interest in the Project and welcomes its participation in future public works bids. However, for the reasons stated above, and based upon thorough review of the bid submittals, RGS’s bid protest lacks merit. RGS has not indicated whether it is represented by legal counsel in this regard, but if so, I trust that you will forward this communication to your legal counsel.
Very truly yours,
Shanna Edwards
Assistant City Attorney
Enclosure: Exhibit A: Project Bid Results (March 25, 2026)
c: (via email only)
Casey Curtin, President, Consolidated Engineering Inc.
Allen Baquilar, Director of Engineering/City Engineer, City of Brentwood Angel Abarca, Senior Engineer, City of Brentwood
Brant Wilson, Associate Civil Engineer, City of Brentwood
CA/Corresp/2026.034.3.docx
Exhibit A
(attached hereto)
_____________________________________________________________________________________________
ENGINEERING DEPARTMENT
150 City Park Way, Brentwood, CA 94513
Phone 925.516.5420 Fax 925.516.5421
www.brentwoodca.gov
BID RESULTS
Pavement Management Program 2026 (Asphalt)
CIP Project No. 336-31705
Bid Opening: Wednesday, March 25, 2026
Plan Holder Bid Amount
Consolidated Engineering Inc. $1,929,999.00
Rapid Grading Services $2,007,937.30
Mountain Cascade $2,098,530.00
Knife River Construction $2,164,187.00
Bay Cities Paving and Grading, Inc. $2,175,026.00
Ghilotti Bros., Inc. $2,236,636.00
Radius Earthwork Inc. $2,254,350.25
United Pavement Maintenance, Inc. $2,728,748.00
Staff will be making the recommendation at the April 28th Council Meeting that the above mentioned construction contract be awarded to Consolidated Engineering.
List of Subcontractors
Subcontractor Description % of Work
Pavement Recycling Systems Cole Plane 1.4%
Johnson Construction Co. Adjust Iron 5%
Armendariz Consulting Traffic Control 8.4%
Columbia Electric Inc. Replace Loops 1%
Pacific Northwest Pavement Fabric 8%
Graham Construction Crackfill 3%
American Pavement System Slurry Seal 15%
CITY COUNCIL AGENDA ITEM NO. F.19
04/28/2026
SUBJECT: Consideration of actions pertaining to the City’s Landscape and Lighting Assessment Districts (LLADs), including LLAD No. 19-3 and LLAD No. 21-1, and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2026/27
DEPARTMENT: Parks and Recreation
STAFF: E. Harith Aleem Jr., Director
Aaron Wanden, Park Maintenance Manager
TITLE/RECOMMENDATION
Adopt a Resolution of Initiation that: (1) appoints Francisco & Associates (“Francisco”) as the Engineer of Work for the Landscape and Lighting Assessment Districts, including the Landscape and Lighting Assessment District No. 19-3, Landscape and Lighting Assessment District No. 21-1 (the “LLADs”), and for the Citywide Park Assessment District No. 98-1 (collectively, the “Districts”) for Fiscal Year 2026/27; (2) orders the Engineer of Work to prepare and file the Engineer’s Reports for Fiscal Year 2026/27; and (3) finds the action categorically exempt from the California Environmental Quality Act.
FISCAL IMPACT
Each existing LLAD has an administrative cost factored into the assessment rate during formation to cover the cost of preparing the annual Engineer’s Reports and levying assessments. Funds to cover the costs associated with each new LLAD or annexation are deposited with the City by the developer.
Funding for contract services provided under this agreement is as follows:
Funding Sources for 2026/27 Assessment Year Costs
Fund
Agreement
Amount
Contingency
Amount
Total
Amount
LLADs $ 207,450 $ 20,745 $ 228,195
Citywide Park Maintenance District 20,750 2,075 22,825
Water and Wastewater Enterprise 10,750 1,075 11,825
Total $ 238,950 $ 23,895 $ 262,845
CITY COUNCIL AGENDA ITEM NO. F.19
04/28/2026
The draft 2026/27-2027/28 Operating Budget, which will be presented to City Council at a workshop in May of 2026 and for consideration of adoption in June 2026, includes appropriations for the services to be provided.
BACKGROUND
The Landscape and Lighting Act of 1972 (the “Act”) requires that an annual review and updated Engineer’s Reports be prepared to set assessment rates each fiscal year.
The Act also requires an Engineer’s Report to be generated for any new assessment districts or any annexations into existing assessment districts.
Francisco will prepare four Engineer’s Reports for Fiscal Year 2026/27: (1) a consolidated repor t for the LLADs, excluding LLAD No. 19-3 and LLAD No. 21-1, (2) a report for LLAD No. 19-3, (3) a report for LLAD No. 21-1, and (4) a report for the Citywide Park Maintenance District.
The annual Engineer’s Report for LLAD No. 19-3 is prepared under separate cover from the Consolidated Engineer’s Report for the LLADs due to the inclusion of multiple benefit zones within that LLAD. Likewise, the annual Engineer’s Report for LLAD No. 21-1 is prepared under separate cover from the Consolidated Engineer’s Report for the LLADs due to the assessment being comprised of the following two components:
1) the Construction Component, which provides funding for the construction of new landscape improvements that will be assessed to property within LLAD No. 21-1 over a period of 10 years in equal annual installments with no interest, which commenced in Fiscal Year 2022-23 and ends after Fiscal Year 2031-32; and
2) the Maintenance Component, which provides funding for the ongoing operation, maintenance, servicing, and replacement of the new landscape improvements, which commenced in Fiscal Year 2022-23 and will be assessed annually based on the maintenance budget each subsequent year.
If there are any annexations into existing LLADs or if the formation of a new LLAD is necessary, they will either be included with the future LLADs Consolidated Report, the LLAD No. 19-3 Report, or a new annual report. Francisco will also update the findings of the facilities and expenses associated with the LLADs due to additional areas of public landscaping corresponding to residential and commercial development projects that have been accepted for City maintenance.
In March 2025, a professional services agreement was entered into with Francisco for assessment engineering services for Fiscal Years 2025/26 and 2026/27 in a not-to-exceed amount of $238,950 per agreement year.
CITY COUNCIL AGENDA ITEM NO. F.19
04/28/2026
In addition, this Council action will initiate the Fiscal Year 2026/27 proceedings for the levy and collection of annual assessments for existing assessment districts. This involves directing the Engineer of Work to prepare the Fiscal Year 2026/27 Engineer’s Reports. Thereafter, the City Council may adopt a Resolution preliminarily approving (as filed or as modified) the Engineer’s Reports and a Resolution of Intention to levy and collect assessments for Fiscal Year 2026/27. Following such action, the City Council would hold a public hearing and may adopt a resolution confirming the assessments (either as preliminarily approved or as modified at the conclusion of the public hearing) and authorizing the levy and collection of such assessments.
CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.
PREVIOUS ACTION
Previous action by the City Council is included in Attachment 1.
DATE OF NOTICE
Not Applicable.
ENVIRONMENTAL DETERMINATION
The City’s action is exempt from the California Environmental Quality Act (CEQA).
The action consists of initiation of proceedings for the annual levy and collection of assessments for landscape, lighting, trail, and park maintenance and does not result in any physical change to the environment. Accordingly, the action is exempt pursuant to CEQA Guidelines sections 15273 (Rates, Tolls, Fares, and Charges), 15301(c) (Existing Facilities), and 15306 (Information Collection).
ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:
1. Do not approve staff’s recommendation. Not approving this action will result in the inability of the City to perform required assessment activities for Fiscal Year 2026/27 to fund the operation, maintenance, and replacement of public improvements associated with the Landscape and Lighting Assessment Districts.
2. Modify staff’s recommendation based on legally defensible findings.
3. Continue item with direction for staff to return with additional information.
CITY COUNCIL AGENDA ITEM NO. F.19
04/28/2026
ATTACHMENT(S)
1. Previous Action
2. Resolution
3. Agreement
PREVIOUS ACTION
Previous City Council actions related to this agenda item are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.
Actions were taken in previous years to form the City’s existing 71 Landscape and Lighting Assessment Districts (“LLADs”) and the Citywide Park Maintenance District.
Engineer’s Reports setting annual assessment rates have been approved each year by the City Council prior to finalizing the property tax roll with Contra Costa County and levying assessments.
On March 25, 2025, by Resolution No. 2025-30, the City Council adopted a resolution approving and authorizing the City Manager or his/her designee to execute a Professional Services Agreement with Francisco for a two-year term, in an amount not to exceed $238,950 per agreement year for assessment engineering services for Fiscal Years 2025/26 and 2026/27. In addition, the two-year agreement includes an option to extend the agreement for two additional one-year terms.
RESOLUTION NO. 2026-XX
A RESOLUTION OF INITIATION APPOINTING FRANCISCO &
ASSOCIATES AS THE ENGINEER OF WORK FOR THE LANDSCAPE
AND LIGHTING ASSESSMENT DISTRICTS, INCLUDING THE
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 19-3,
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 21-1,
AND THE CITYWIDE PARK MAINTENANCE DISTRICT NO. 98-1
FOR FISCAL YEAR 2026/27; ORDERING THE ENGINEER OF WORK
TO PREPARE AND FILE THE ENGINEER’S REPORTS FOR FISCAL
YEAR 2026/27; AND FINDING THE ACTION CATEGORICALLY
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Brentwood’s existing 71 Landscape and Lighting Assessment Districts and the Citywide Park Maintenance District No. 98-1 (collectively, the “Districts”) were previously established by the City Council and approved by the property owners; and
WHEREAS, the general location and boundaries of the Districts are shown on the maps on file in the office of the City of Brentwood Department of Parks and Recreation and are incorporated herein by reference and open to public inspection; and
WHEREAS, the City has previously levied assessments on property in these Districts to pay for improvements therein; and
WHEREAS, Section 22622 of the California Streets and Highways Code requires the City Council to annually adopt a resolution of initiation generally describing any proposed new improvements or any substantial changes in existing improvements to be included for the determination of annual assessments levied for any existing assessment district created under the Landscape and Lighting Act of 1972; and
WHEREAS, Section 22622 further requires that the City Council order the preparation of an Engineer’s Report prior to declaring their intention to levy annual assessments for any such district; and
WHEREAS, Francisco & Associates has expertise and experience in the proceedings of the Landscape and Lighting Act of 1972; and WHEREAS, in March 2025, a professional services agreement was entered into between the City and Francisco & Associates for assessment engineering services for Fiscal Years 2025/26 and 2026/27, in a not to exceed amount of $238,950 per agreement year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood that:
1. The recitals set forth above are true and correct and material to the adoption of this resolution; and
2. The improvements to be made in these Districts are generally described as the operation, maintenance, and servicing of parks, trails, arterial roadway and in-tract street lighting and landscaping, irrigation, and associated facilities located in public areas; and
3. Francisco & Associates is the firm designated by this City Council as the Engineer of Work for the Landscape and Lighting Assessment Districts, including the Landscape and Lighting Assessment District No. 19-3, Landscape and Lighting Assessment District No. 21-1, and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2026/27, and is hereby directed to prepare and file the Engineer’s Reports for Fiscal Year 2026/27 in accordance with the provisions of the Landscape and Lighting Act of 1972 and Article XIII D, Section 4, of the California Constitution (Proposition 218); and
4. The City’s actions detailed in this resolution are exempt from the California Environmental Quality Act (CEQA), as the actions consist of the initiation of proceedings for the annual levy and collection of assessments for landscape, lighting, and park maintenance and do not result in any physical change to the environment. Accordingly, the action is exempt pursuant to CEQA Guidelines sections 15273 (Rates, Tolls, Fares, and Charges), 15301(c) (Existing Facilities), and 15306 (Information Collection).
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 28th day of April 2026 by the following vote:
PSA_City Attorney Approved Version 071522
AGREEMENT FOR PROFESSIONAL ASSESSMENT ENGINEERING
AND SPECIAL TAX CONSULTING SERVICES
[Francisco & Associates, Inc.]
THIS AGREEMENT is made and entered into as of the _____ day of ___________________, 2025 by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and Francisco & Associates, Inc., a California Corporation ("Consultant") (each a “Party” and collectively, the “Parties”).
RECITALS
A. City requires the professional services of a consultant specifically trained and experienced in professional Assessment Engineer and Special Tax Consulting Services, which includes: 1) Assessment Engineering Services in connection with the annual administration services for the Landscaping & Lighting Assessment Districts (LLADs), Citywide Park Maintenance District No. 98-1, Water Sewer Standby Charges and Roadway Landscape (R Area) Assessment Districts and 2) any other assessment and tax services required by the City, which are professional services outside of services offered by City.
B. Consultant has the professional skills and experience necessary to perform the services described in this Agreement.
C. Consultant customarily engages in these services as part of its independently established trade, occupation, and/or business, separately from its work for City.
D. City desires to engage Consultant to provide these services by reason of its qualifications and experience in performing such services
E. Consultant has submitted a proposal to City and has affirmed its willingness and ability to perform such work on the terms and manner set forth in this Agreement.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows:
1. Scope of Work.
1.1 City retains Consultant, as an independent contractor, to perform, and Consultant agrees to render, those services (the "Services") that are described in the attached Exhibit "A," which is incorporated by this reference, pursuant to this Agreement’s terms and conditions.
1.2 Consultant will control the manner and the means of the work to be performed, and be responsible for the professional quality, technical accuracy and coordination of the Services. Consultant will, without additional compensation, correct or revise any errors or deficiencies in the Services.
1.3. Consultant will keep City informed on a regular basis that the Services are being performed in accordance with the requirement and intentions of this Agreement.
1.4 If applicable, Consultant has designated those persons listed in Exhibit “A” to provide the Services to the City. Consultant will not change or reassign those persons described in Exhibit “A” without prior written notice to City, and will not replace those individuals with individuals to whom City has a reasonable objection.
2. Standard of Performance. Consultant acknowledges that in entering into this Agreement the City is relying on Consultant's special skills and experience to do and perform the Services. While performing the Services, Consultant will exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Northern California area. The acceptance of the Services by City does not release Consultant from these obligations.
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Consultant will be responsible for employing or engaging all persons necessary to perform the Services.
Consultant will control the manner and means of the services to be performed by its employees and subconsultants. All of Consultant's staff will be qualified by training and experience to perform their assigned tasks. Consultant will give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and will keep the Services under its control.
On demand of City, if any employee or subcontractor of Consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she will be discharged immediately from the Services.
3. Term. Unless earlier terminated, the term of this Agreement will be effective from April 1, 2025 through June 30, 2027. The City Manager may amend the Agreement to extend it for two additional oneyear periods, or parts thereof, in an amount not to exceed two hundred thirty-eight thousand nine hundred fifty dollars ($238,950) per Agreement year. Extensions will be based upon a satisfactory review of Consultant's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement.
4. Schedule. Consultant will generally adhere to the schedule set forth in Exhibit “A” provided, that City will grant reasonable extensions of time for the performance of the Services occasioned by unusually lengthy governmental reviews of Consultant’s work product or other unavoidable delays occasioned by unforeseen circumstances; provided, further, that such unavoidable delay will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant’s officers or employees.
Consultant acknowledges the importance to City of City’s project schedule and agrees to put forth its best professional efforts to perform the Services in a manner consistent with that schedule. City understands, however, that Consultant’s performance must be governed by sound practices. Consultant will work such overtime or engage such personnel and equipment as necessary to maintain the schedule, without additional compensation.
5. Compensation.
5.1 The total fee payable for the Services to be performed during the term of this Agreement will be a not to exceed amount of two hundred thirty-eight thousand nine hundred fifty dollars ($238,950) for the administration of the 2025/26 assessment year activities and two hundred thirty-eight thousand nine hundred fifty dollars ($238,950) for the administration of the 2026/27 assessment year activities as may be further specified in the attached Exhibit “A.” No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the Services.
5.2 Payment will occur only after receipt by City of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City.
5.3 Within thirty (30) days after receipt of any applicable progress payment request, City will verify the accuracy of the request, correct the charges where appropriate, and make payment to Consultant in an amount equal to the amount of such application, as verified or corrected by City. No payment made prior to completion and acceptance of the Services will constitute acceptance of any part of the Services.
City reserves the right to withhold payment from Consultant on account of Services not performed satisfactorily, delays in Consultant's performance of Services, or other defaults hereunder.
6. Status of Consultant. Consultant will perform the Services as an independent contractor, free from the control and direction of City, in pursuit of Consultant’s independent calling, and not as an employee of City. The persons used by Consultant to provide the Services under this Agreement will not be considered employees of City for any purposes whatsoever and City will not pay any tax, workers’ compensation insurance, retirement contributions or unemployment contributions on behalf of Consultant or its employees or subcontractors. Consultant agrees to indemnify and pay City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation Docusign Envelope ID: 35E6AA31-4B58-4128-BE9A-87D2B04F5A20
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payment, including, but not limited to, those based on any provision of the Federal Affordable Care Act, which City may be required to make on behalf of Consultant or any agent, employee, or contractor of Consultant for work done under this Agreement. The payment made to Consultant pursuant to the Agreement will be the full and complete compensation to which Consultant is entitled. City will not make any federal or state tax withholdings on behalf of Consultant or its agents, employees or subcontractors.
At the City’s election, City may deduct the amounts paid pursuant to this Section, from any balance owing to Consultant.
7. Subcontracting. Consultant's services are being requested by City because they are unique and personal. Except as may be specified in Exhibit “A”, Consultant will not subcontract any portion of the Services without prior written approval of City Manager or his/her designee. If Consultant subcontracts any of the Services, Consultant will be fully responsible to City for the acts, errors and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Consultant and City.
Consultant will be responsible for payment of subcontractors. Consultant will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Consultant's work unless specifically noted to the contrary in the subcontract and approved in writing by City.
8. Other Consultants. The City reserves the right to employ other consultants in connection with the Services.
9. Indemnification. Consultant will hold harmless, defend and indemnify City, its officers, agents, volunteers and employees from and against any and all claims, demands, costs or liability including attorney fees arising out of or in any way connected with the performance of this Agreement, caused in whole or in part by any act or omission of the Consultant, any of its subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except to the extent caused by the active negligence, sole negligence, or willful misconduct of City.
10. Insurance. Consultant will obtain and maintain, at its cost and expense, for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Services by Consultant or Consultant’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A:VII."
10.1 Coverages and Limits. Consultant will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager, in consultation with the City Attorney approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Consultant's indemnification obligations under this Agreement. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. The coverage will contain no special limitations on the scope of its protection to the above-designated insureds except for Workers Compensation and errors and omissions insurance. Consultant will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage, as Consultant deems adequate, at Consultant's sole expense.
10.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit.
10.1.2 Automobile Liability. $1,000,000 combined single-limit per accident for bodily injury and property damage.
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10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Consultant has no employees and provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim.
10.2 Endorsements. For Commercial General Liability Insurance, Consultant will ensure that the policies are endorsed to name the City, its officers, agents, volunteers and employees as additional insureds. Prior to City's execution of this Agreement, Consultant will furnish, to the satisfaction of the City, certificates of insurance and endorsements.
10.3 Cancellation. Insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent pursuant to the notice provisions of this Agreement.
10.4 Failure to Maintain Coverage. If Consultant fails to maintain any of these insurance coverages, then City will have the option to declare Consultant in breach of this Agreement, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Consultant is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Consultant or deduct the amount paid from any sums due Consultant under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements.
10.6 Primary Coverage. For any claims related to the Services and this Agreement, the Consultant’s insurance coverage will be primary insurance with respect to City, its officers, agents, volunteers and employees. Any insurance or self-insurance maintained by City for itself, its officers, agents, volunteers and employees, will be in excess of Consultant’s insurance and not contributory with it.
10.7 Reduction in Coverage/Material Changes. Consultant will notify City in writing pursuant to the notice provisions of this Agreement thirty (30) days prior to any reduction in any of the insurance coverage required pursuant to this Agreement or any material changes to the respective insurance policies.
10.8 Waiver of Subrogation. The policies shall contain a waiver of subrogation for the benefit of City.
11. Business License. If required, Consultant will obtain and maintain a City of Brentwood Business License for the term of the Agreement, as it may be amended from time-to-time.
12. Maintenance of Records. Consultant will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Consultant will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Consultant will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
13. Ownership of Documents.
13.1 All product produced by Consultant or its agents, employees, and subcontractors pursuant to this Agreement (the “Work Product”) is the property of City. In the event this Agreement is terminated, all Work Product produced by Consultant or its agents, employees and subcontractors pursuant to this Agreement will be delivered to City pursuant to the termination clause of this Agreement. Consultant will have the right to make one (1) copy of the Work Product for Consultant’s records.
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13.2 The Work Product may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable, without further employment of or payment of any compensation to Consultant; provided, however, that if this Agreement is terminated for any reason prior to completion of the Project and if under such circumstances City uses, or engages the services of and directs another consultant to use, the Work Product, City agrees to hold Consultant harmless from any and all liability, costs, and expenses relative to claims arising out of matters and/or events which occur subsequent to the termination of this Agreement as a result of causes other than the fault or negligence of Consultant, or anyone for whose acts it is responsible, in preparation of the Work Product. Consultant will not be responsible for deficiencies solely attributable to modifications of the Work Product performed by others, or that arise from use of the Documents in connection with a project or site other than that shown in the Work Product.
14. Copyrights. Consultant agrees that all copyrights that arise from the Services will be vested in City and Consultant relinquishes all claims to the copyrights in favor of City.
15. Confidentiality. All documents, reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of the Services pursuant to the Agreement are confidential until released by the City to the public, and the Consultant will not make any of these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before any such release.
16. Notices. Any notices relating to this Agreement shall be given in writing and shall be deemed sufficiently given and served for all purposes when delivered personally, by facsimile or by generally recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows:
For City:
City of Brentwood
150 City Park Way
Brentwood, CA 94513
Phone No. (925) 516-5111
Facsimile No. (925) 516-5447
Attn: Aaron Wanden, Park Maint. Mgr.
For Consultant:
Francisco & Associates, Inc.
231 Market Place, Suite 543
San Ramon, CA 94583
Phone No. (925) 867-3400
Facsimile No. (925) 867-3415
Attn: Eduardo Espinoza, Managing Principal
Either Party may change its address for purposes of this section by giving the other Party written notice of the new address in the manner set forth above.
17. Conflicts of Interest.
17.1 City will evaluate Consultant’s duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of Consultant or any of Consultant’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Consultant or Consultant’s affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700.
17.2 Consultant understands that its professional responsibility is solely to City. Consultant warrants that it presently has no interest, present or contemplated, and will not acquire any direct or indirect interest, that would conflict with its performance of this Agreement. Consultant further warrants that neither Consultant, nor Consultant’s agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Consultant will file with the City an affidavit disclosing this interest. Consultant will not knowingly, and will take reasonable steps to ensure that it does not, employ a person having such an interest in the performance of this Agreement. If after employment of a person, Consultant discovers that it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant will promptly disclose the relationship to the City and take such action as the City may direct to remedy the conflict.
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18. General Compliance with Laws. Consultant will keep fully informed of federal, state and local laws and ordinances and regulations (“Laws”) which in any manner affect those employed by Consultant, or in any way affect the performance of the Services by Consultant. Consultant will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of the Services with all applicable laws, ordinances and regulations.
19. Pandemic Health Laws. Consultant’s duty to comply with Laws includes compliance by Consultant with all local, state, or federal Laws that have been or may be enacted in response to the COVID-19 pandemic (collectively, “Health Laws”), which include all of the County of Contra Costa Health Orders. Failure to fully comply with the Health Laws constitutes a material default, subject to all available remedies including suspension or termination.
20. Discrimination and Harassment Prohibited. Consultant will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment.
21. Termination. In the event of the Consultant's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Consultant in writing pursuant to the notice provisions of this Agreement. Consultant has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Consultant has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. In the event City elects to terminate, City will have the right to immediate possession of all Work Product and work in progress prepared by Consultant, whether located at the project site, at Consultant's place of business, or at the offices of a subconsultant.
Either Party, upon tendering thirty (30) calendar days written notice to the other Party, may terminate this Agreement for convenience. In this event and upon request of City, Consultant will assemble the work product without charge and put it in order for proper filing and closing and deliver it to City. Consultant will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made.
22. Covenants Against Contingent Fees. Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to terminate this Agreement for nonperformance, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.
23. Claims And Lawsuits. By signing this Agreement, Consultant agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Consultant acknowledges that if a false claim is submitted to City by Consultant, it may be considered fraud and Consultant may be subject to criminal prosecution. Consultant acknowledges that California Government Code sections 12650 et seq., the False Claims Act, applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Consultant acknowledges that the filing of a false claim may subject Consultant to an administrative debarment proceeding as the result of which Consultant may be prevented to act as a Consultant on any public work or improvement for a period of up to five (5) years. Consultant acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement.
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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. Consultant will testify at City's request if litigation is brought against City in connection with Consultant's services under this agreement. Unless the action is brought by Consultant, or is based upon Consultant's actual or alleged negligence or other wrongdoing, City, upon prior written agreement with Consultant will compensate Consultant for time spent in preparation for testimony, testimony, and travel at Consultant's standard hourly rates at the time of actual testimony.
26. Successors and Assigns. It is mutually understood and agreed that this Agreement will be binding upon the Parties and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Consultant without the prior written consent of City, which will not be unreasonably withheld.
27. Section Headings. Section headings as used in this Agreement are for convenience only and will not be deemed to be a part of such sections and will not be construed to change the meaning of the section.
28. Waivers. The waiver by either Party of any breach or violation of any term, covenant, or condition of this Agreement or of any applicable law will not be deemed to be a waiver of such term, covenant, condition or law or of any subsequent breach or violation of same or of any other term, covenant, condition or law. The acceptance by either Party of any fee or other payment which may become due under this Agreement will not be deemed to be a waiver of any preceding breach or violation by the other Party of any term, covenant, or condition of this Agreement or any applicable law.
29. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it embody the entire Agreement and understanding between the parties relating to the subject matter of it. The City Manager is authorized, in consultation with the City Attorney, to agree to nonmaterial amendments to this Agreement. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties.
30. Authority. The individuals executing this Agreement and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Agreement.
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.
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32. Signatures.
32.1 Counterparts. This Agreement may be executed in two or more counterparts, each of which together will be deemed an original, but all of which together will constitute the same instrument.
32.2 Digital/Electronic Signatures. Using a City-approved method, this Agreement may be executed through the use of digital or electronic signatures in accordance with Government Code Section
16.5. The presence of an electronic signature on this Agreement will be construed as the Parties’ consent to do business electronically.
CONSULTANT:
By:
Eduardo Espinoza, CEO/Secretary
CITY:
By:
Tim Y. Ogden, City Manager
ATTEST:
By:
Amanda McVey, City Clerk
APPROVED AS TO FORM:
By:
Katherine Wisinski, City Attorney
If required by City, proper notarial acknowledgment of execution by Consultant must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. **Group B.
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.
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EXHIBIT “A”
SCOPE OF SERVICES
A. Scope of Work to be Performed – Assessment Engineering The City desires the firm to provide services described as follows:
Preparation of the Engineer’s Reports and Levying of Assessments • Prepare annual engineer’s reports to include: description of improvements, annual budgets, benefit spread methodologies, assessment district diagrams and a listing of individual assessments for each parcel within each assessment district. • Meet with City staff to review scope of work, project schedule and any changes to the proposed assessment districts which may affect revenues. Identify any changes in the quantity and type of improvements that the City is to maintain for the ensuing year. • Collect available data from the County Assessor’s office and from City staff that is pertinent to the annual administration of the assessment districts. The ensuing year’s data would include the secured closed property tax roll for the County and proposed budgets and annexation/deannexation information from City staff. • Prepare the updated assessment diagrams in GIS to include parcels within the boundaries of the assessment district. This includes all parcels that have either annexed or de-annexed into the assessment districts from the prior year.
• Provide the City with a GIS database each year along with 11” x 17” copies for internal use. • Work with City staff to prepare annual budgets, estimate which improvements are coming on-line, project which final maps will be filed to estimate number of units to assess. Data will be used to estimate the upcoming fiscal year’s assessment rate and Capital Reserve collection. • Prepare the Draft Preliminary Engineer’s Reports and coordinate the preparation of the City Council staff report with the Parks and Recreation Department’s staff. The draft Preliminary Engineer’s reports will include a description of improvements, the ensuing year’s maintenance budget, the benefit-spread methodology, Assessment District Diagrams and a listing of individual assessments for the ensuing year.
• Submit the draft Preliminary Engineer’s Reports to City staff for review and comment. Based upon the comments received from City staff, prepare the final Preliminary Engineer’s Reports and submit to City staff for City Council approval.
• Upon request of the City, attend the City Council meeting regarding the adoption of the Resolution of Intention and approval of the Preliminary Engineer’s Reports. Based upon the comments received from City staff and City Council Members at the council meeting to approve the Preliminary Engineer’s Reports, prepare the Final Engineer’s Reports and subsequent City Council staff report and submit to City staff for City Council approval. • Upon request, attend the Public Hearing regarding the approval of the Final Engineer’s Reports and adoption of the Resolution Authorizing the Levy of Assessments. • Compile all budgets and provide them in a format that is acceptable with the City’s Finance department format.
• In accordance with the County’s annual submittal requirements, file the Engineer’s Reports, Assessment Diagrams and Resolutions Authorizing the Levy of Assessments and Water/Sewer Standby charges with the County Auditor’s office.
• Prepare the annual Auditor’s Reports in County approved electronic format. Any rejected parcels resulting from the first submittal will be researched and resubmitted to the County to ensure that the City receives all of the assessment revenue that is due to the City. • Provide property owner assistance, which will involve researching property owner questions, and if necessary, provide written responses to customer questions. Coordinate any changes with the County Auditor’s office.
• Once each subdivision’s improvements have been accepted by City Council, audit the area to ensure all utility accounts (including water meters and street lights), areas of landscaping and maintenance are being accounted for correctly to each landscape and lighting district. • Assist City staff on a bi-monthly basis with the tracking of the current fiscal years budgets. This Docusign Envelope ID: 35E6AA31-4B58-4128-BE9A-87D2B04F5A20
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includes tracking revenues and expenditures for each of the assessment districts, and periodically analyzing the City’s water and electricity usage.
• Update, prepare and deliver 11” x 17” Landscape and Lighting Assessment District Improvement Diagrams that depict each LLAD. These Improvement Diagrams will be created in a GIS format and will show each water meter and which landscaping improvements have been accepted for City maintenance. The diagrams will be updated at a minimum of once each year. The GIS files will then be provided to the City’s GIS Coordinator when complete.
Landscaping & Lighting Assessment District Formation and Annexation Services • Develop the annual assessment district budgets for any new developments within the City. • Meet with City staff periodically to determine if any new developments within the City are anticipated and if the development will require annexation into an existing LLAD or if a new assessment district needs to be formed.
• For each new applicable development, discuss the projected timeline for developing the annual maintenance budgets, and maximum annual assessment rates. • Conduct an inventory for each improvement type within each proposed development. • For each commercial landscape and lighting district formed, identify which improvements are the responsibilities of the City and which improvements are the responsibilities of the individual property owner.
• Determine the maximum annual operations and maintenance budgets for each improvement type within the proposed development.
• The City operates and maintains the improvements on a fiscal year basis (July 1 through June 30) and the City does not receive its assessment revenue from the County until January and May of the same fiscal year.
• The City needs to collect approximately 6 months of operating reserves to cover the cash flow shortfall during the period (July 1 through January 1). • The budget will include a capital replacement fund to replace capital facilities that either get vandalized or reach their life expectancy.
• The capital replacement fund should be equal to 20% of the proposed capital improvement costs. • Determine the timeline for when the improvements will become the operation and maintenance responsibility of the City.
• Determine the number and types of development, i.e. the number of single family homes, townhomes, condominiums, apartments, and square footage of commercial, industrial, etc. within each new development.
• Develop a benefit spread methodology that fairly distributes the costs for operating and maintaining the proposed improvements to the benefiting parcels within the boundaries of the development.
• Prepare the Draft Preliminary Engineer’s Reports. The Draft Preliminary Engineer’s Reports will include a description of improvements, the ensuing year’s maintenance budget, the benefit spread methodology, Assessment District Diagrams and a listing of individual assessments for the ensuing year.
• Submit the Draft Preliminary Engineer’s Reports to City staff for review and comment. Based upon the comments received from City staff regarding the Draft Preliminary Engineer’s Reports prepare the Final Preliminary Engineer’s Reports and submit to City staff for City Council approval. • Upon request attend the City Council meeting regarding the adoption of the Resolution of Intention and approval of the Preliminary Engineer’s Reports.
• Based upon the comments received from City staff and City Council regarding the Preliminary Engineer’s Reports prepare the Final Engineer’s Reports and subsequent City Council staff report and submit to the City for City Council approval.
• Upon request, attend the Public Hearing regarding the approval of the Final Engineer’s Reports and adoption of the Resolution Authorizing the Levy of Assessments.
Proposition 218 General vs. Special Benefit Analysis for Consolidated Landscape & Lighting Assessment Districts and Citywide Park Maintenance District No. 98-1 • Prepare special versus general benefit analysis.
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• Meet with City staff and legal counsel to discuss the scope of work associated with the completion and implementation of the Special versus General Benefit analysis. • Incorporate any recommended modifications received from City staff and or legal counsel. • Based upon the approved final version of the assessment spread methodology, identify how much the City will need to contribute each fiscal year to each Landscape and Lighting Assessment Districts in order to offset each LLAD’s pro-rata share of general benefit. • With assistance from City staff, and legal counsel modify the Engineer’s Report to include a discussion of the general versus special benefit analysis for each LLAD.
Administration of Water and Sewer Stand By Charges
• Coordinate the preparation of the City Council staff report with Engineering Department staff. • Based upon the closed property tax roll from the County, prepare the water sewer standby databases to ensure the correct standby charges will be allocated to each taxable parcel within the City.
• Submit the standby charges to the county for inclusion on the property tax roll. If parcels are rejected, research the parcels and resubmit the corrected information to the County. • Provide property owners assistance throughout the year which may consist of parcel research, explanation of special tax formula, etc. If requested prepare clarification letter to property owners.
Roadway Landscape (R Area) Administration
• Coordinate with City staff and City landscape maintenance contractors, the collection of any maps, quantities or plans that relate to the areas to be maintained. • Work with City staff to prepare budgets and provide budgets in a format that is acceptable by the City.
• Update, prepare and deliver R Area and Weed Improvement Diagrams that depict the landscaping and weed abatement locations. These diagrams will be created in GIS format and will show each water meter and which landscaping improvements have been accepted for City maintenance. • The Diagrams will be updated at a minimum of one time each year. • The GIS files will then be provided to the City’s GIS Coordinator when complete.
Development of Proposition 218 Mailing Database for Utility Rate Increases • Merge the utility mailing address and the utility service addresses in the Utility Billing database with the mailing address and situs address in the County Assessor database and develop a complete database.
• Provide the City with a final listing of addresses that have a minimal number of duplicate addresses. This final listing will be provided in excel format.
B. Working Paper Retention and Access to Working Papers All working papers and reports must be retained, at the firm's expense, for a minimum of three (3) years, unless the firm is notified in writing by the City of the need to extend the retention period. The firm will be required to make working papers available, upon request to the City.
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SCHEDULE OF PROFESSIONAL FEES AND EXPENSES
FOR ASSESSMENT ENGINEERING SERVICES
FOR FISCALYEARS 2025/26 AND 2026/27
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CITY COUNCIL AGENDA ITEM NO. F.20
04/28/2026
SUBJECT: Clarification of Council Discussion Related to Pre-Qualifying Applicants for Affordable Housing Wait List
DEPARTMENT: Community Development
STAFF: Alexis Morris, Director of Community Development
TITLE/RECOMMENDATION
Staff recommends that the City Council confirm, by accepting this report as part of the adoption of the Consent Calendar, that the Council would like applicants’ eligibility for the City’s Affordable Housing Program wait list to be determined through a “prequalification” process, in a manner determined by staff in consultation with the City Attorney, prior to being placed on the wait list, as discussed at the April 14, 2026 City Council meeting.
FISCAL IMPACT
There is no direct fiscal impact as a result of accepting this report. There may be costs associated with pre-qualification if staff contracts with a consultant to perform all or part of this work, which would be subject to future Council approval if required by applicable purchasing requirements.
BACKGROUND
On April 14, 2026, the City Council received an informational report and held a discussion regarding the administration, qualification, and selection processes of the City’s Affordable Housing Program. After discussion, the Council, by motion, directed staff to modify the City’s Affordable Housing Program to include: (1) quarterly applicant updates on unit availability; (2) exploration of multilingual application options; and (3) placement of previously selected lottery applicants, who are unable to proceed due to a change in income, at the top of the list in the next appropriate income category.
During discussion, the concept of pre-qualifying eligible applicants prior to being placed on the wait list was discussed. There appeared to be a consensus for directing staff to implement this recommendation, however, it was not included in the motion.
CITY COUNCIL AGENDA ITEM NO. F.20
04/28/2026
Further, the above motion was not reconsidered at the April 14th meeting to include this recommendation.
Due to the nature of the discussion, staff would like to clarify if the Council would like to include the following in the Council’s recommendations for modifications to the administration of the Affordable Housing Program:
Applicants’ eligibility for the City’s Affordable Housing Program wait list will be determined through a “pre-qualification” process, in a manner determined by staff in consultation with the City Attorney, prior to being placed on the wait list.
If so, the Council can accept this report as part of the adoption of the Consent Calendar and staff will implement the above as part of other modifications to the administration of the Affordable Housing Program.
CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 4: Community Development. Provide a diversity of housing opportunities, including equitable distribution of affordable housing for all socio-economic segments of the Brentwood community
PREVIOUS ACTION
Previous action by the City Council is included on Attachment 1.
DATE OF NOTICE
Not Applicable.
ENVIRONMENTAL DETERMINATION
Not Applicable.
ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:
1. Pull the staff report from the Consent Calendar for discussion;
2. Pull the staff report from the Consent Calendar and direct staff not to implement pre-qualification of applicants for the wait list;
3. Continue the item with direction for staff to return with additional information.
ATTACHMENT(S)
1. Previous Actions
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 September 9, 2003, the City Council adopted Ordinance No. 756, which approved an amendment to the Municipal Code adding Chapter 17.725 establishing an Affordable Housing Program.
On December 9, 2025, at its regular meeting, the City Council waived the first reading of Ordinance No. 1091, which repealed and replaced Chapter 17.725 of the City of Brentwood Municipal Code relating to the Affordable Housing Program.
At the same meeting, Vice Mayor Pierson and Council Member Mendoza made a future item request that the City Council consider, discuss, and review the goals of the program, the process of buyer notification and selection, and potential updates to the Municipal Code specific related to the Affordable Housing Program.
The City Manager suggested that staff bring forth the requested information in two parts: (1) an informational report to the City Council regarding the administration, qualification, and selection processes for the City’s Affordable Housing waitlists and (2) an informational report regarding the review of Municipal Code, Section 17.725, the Affordable Housing Program as it pertains to equity, accessibility, antidiscrimination, and specific populations including seniors, persons with disabilities, veterans, teachers, and first responders.
On January 13, 2026, at its regular meeting City Council waived the second reading and adopted Ordinance No. 1091 repealing and replacing Chapter 17.725 of the City of Brentwood Municipal Code relating to the City’s Affordable Housing Program.
On April 14, 2026, at its regular meeting City Council received an informational report and held a discussion regarding the administration, qualification, and selection process of the City’s Affordable Housing Program and provided direction to staff.
CITY COUNCIL AGENDA ITEM NO. G.1
04/28/2026
SUBJECT: Approve Amendments to the Brentwood Municipal Code related to State Legislative Updates, Gas Stations, Stream Setbacks, as well as updates to the Priority Area One Specific Plan related to Private and Public School Facilities
DEPARTMENT: Community Development
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager
Jennifer Hagen, Principal Planner
TITLE/RECOMMENDATION
Waive the first readings of
and introduce the following ordinances:
1. An Ordinance for text amendments (RZ 26-001) to the Brentwood Municipal Code that would amend and add regulations for signs, Microenterprise Home Kitchen Operations (MEHKO), public hearing notices, electrified fencing, and application review and appeal procedures, to ensure consistency with state and federal law;
2. An Ordinance for text amendments (RZ 26-001) to the Brentwood Municipal Code that would limit the total number of automobile service stations/gas stations to 20 within the city by adding Brentwood Municipal Code Chapter
17.665 (Automobile Service Stations/Gas Stations); and
3. An Ordinance for text amendments (RZ 26-001) to the Brentwood Municipal Code to add regulations and development standards related to stream setbacks within the city by adding Brentwood Municipal Code Chapter 17.625 (Stream Setback Regulations).
Adopt a Resolution approving a text amendment (SPA 26-001) to the Priority Area One Specific Plan updating regulations related to Private and Public School Facilities.
The proposed text amendments are exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that the proposed ordinances would restrict future land uses and development and would not facilitate new construction or other groundbreaking activities. There is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment.
CITY COUNCIL AGENDA ITEM NO. G.1
04/28/2026
FISCAL IMPACT
Adoption of the proposed ordinances and resolution will not result in a fiscal impact, as staff will continue to process appropriate planning applications through designated review processes, which include the collection of fees for the cost of these processes, in accordance with the City’s Cost Allocation Plan.
BACKGROUND
On January 24, 2023, the City Council provided direction to staff on reinitiating the City’s Zoning Code Update, including a focused and phased approach, rather than the comprehensive update that was initiated in the summer of 2020. On May 23, 2023, the project scope and budget were finalized when the City Council approved a Professional Services Agreement with De Novo Planning Group to prepare and complete the Focused Zoning Code Update and Objective Design Standards. The work plan approved by the City Council includes three main tasks to complete:
Task 1: Objective Design Standards;
Task 2: Zoning Code Updates required by State law and the Housing Element; Task 3: Focused Zoning Code updates.
This agenda item is related to both Task 2: Zoning Code Updates required by State law and Task 3: Focused Zoning Code updates. This includes amendments to various sections of the Zoning Ordinance required to bring it up to date and consistent with current State laws, as well as amendments to various sections of the Zoning Ordinance and Priority Area One Specific Plan to better reflect the community's values based on feedback from the community and City Council, including changes to some permitted and conditionally permitted uses throughout the city.
PLANNING COMMISSION ACTION
The Planning Commission considered this item at a public hearing at its regular meeting of March 17, 2026, and was supportive of the requested text amendments.
The Planning Commission unanimously adopted Resolution Nos. 26-004, 26-005, 26- 006, and 26-007 recommending that the City Council approve the amendments as presented in the agenda report with minor, non-substantive changes, which are reflected in the Attachments.
CITY COUNCIL AGENDA ITEM NO. G.1
04/28/2026
PROJECT DESCRIPTION AND ANALYSIS
STATE LEGISLATIVE UPDATES – ATTACHMENT 2
Recent years have seen numerous changes to state law, as well as various legal decisions that have created inconsistencies between the City’s current Zoning Ordinance and State law. While staff has tried to address those changes that require immediate attention (such as updating the Accessory Dwelling Unit Ordinance), other inconsistencies remain. For example, State law dictates the procedures and requirements pertaining to a number of areas including the review and processing of Development Agreements, Annexations, and permit review timelines. Amendments have now been added to reference relevant Government Codes sections related to these topics.
The required changes identified by staff include the following:
Zoning
Regulation
Updates
Chapter Concerns
Sign Ordinance Chapter 17.640 The sign regulations in the City’s Municipal Code (BMC) were adopted prior to the U.S.
Supreme Court’s decision in Reed v. Town of
Gilbert (2015) 576 U.S. 155, which held that
certain content-based sign restrictions were
invalid.
Processing/
review
procedures
Chapters
17.810.001,
17.800.010,
17.060.008,
17.800.099
State law dictates the procedures and
requirements pertaining to a number of
topics, including:
Development Agreement’s (Gov't Code
§§ 65864, et seq.)
Permit Review timelines (Gov't Code §§
65920, et seq.)
Annexation (Gov't Code § 65859)
Notice of public hearings (Gov't Code
§§ 65090, et seq.)
The existing zoning ordinance does not
include all of these procedures/requirements
or reference them.
Appeal
procedures
Chapter
17.840.009
The current appeals process does not address
zoning text amendments. Section 17.870.009
should be amended to cover both (a)
rezonings, and (b) zoning text amendments.
CITY COUNCIL AGENDA ITEM NO. G.1
04/28/2026
Zoning
Regulation
Updates
Chapter Concerns
Microenterprise
Home Kitchen
Operations
(MEHKO)
Chapter
17.840.011
The current home occupation section of the
Code does not reflect current State required
allowances for Cottage Food and MEHKO
operations.
Public Hearing
Notices
Chapter
17.800.009
The current code does not include noticing
requirements pursuant to AB 2904.
Electrified
Fencing
Chapter
17.6600.008
The current code does not include fencing
requirements pursuant to AB 2371 (Electrified
Security Fencing).
In order to create consistency throughout the Zoning Ordinance to better reflect State law, as well as existing land uses, staff drafted updates as summarized above and as shown in Attachment 2.
AUTOMOBILE SERVICE STATIONS/GAS STATIONS – ATTACHMENT 3 Based on initial direction from the Land Use and Development Committee (LUD), on November 12, 2024, staff presented the City Council with amendments to the Zoning Ordinance to prohibit all future automobile service stations/gas stations throughout the city. At the conclusion of the public hearing, the City Council directed staff to revise the ordinance to cap the total number of stations instead of prohibiting all future stations. The Council did not specify what the numeric cap should be. The City Council based this direction on the consideration of zoning provisions for automobile service stations, and the needs of current and future residents to be adequately served by the existing facility locations to meet the basic needs and expectations of residents and visitors.
There are currently 19 automobile service stations operating in the city (shown in Attachment 6) and one vested entitlement currently under review for a project just west of State Route 4, on the north side of Sand Creek Road. Staff recommends that service stations be limited to a total of 20 throughout the city based on the following:
the number of existing facilities within the city as well as the one application under review; the limited available land left to develop with service stations in the future; and to de-emphasize fossil-fueled and auto-centric uses (such as gas stations), which has the potential to reduce greenhouse gas emissions and air pollution in the future.
In order to create consistency throughout the Zoning Ordinance to better reflect State law as well as existing land uses, staff drafted updates as summarized above and as shown in Attachment 3.
CITY COUNCIL AGENDA ITEM NO. G.1
04/28/2026
CREEK SETBACKS – ATTACHMENT 4
On October 22, 2024, staff presented the City Council an update and requested direction on ongoing implementation of action items from the General Plan’s Conservation and Open Space Element. One of the specific actions related to the discussion was Action COS 4f:
Explore revising Title 17 (Zoning) of the Brentwood Municipal Code to include standards for creek setbacks and the protection of riparian habitat along creek corridors. The standards should include minimum setback requirements, site design standards, and requirements for the ongoing maintenance of creek and riparian habitat on public and private lands.
The City Council recommended that this action item be included in the Focused Zoning Code Update. At the time it was determined that although not currently incorporated into Title 17 (Zoning), the City requires substantial creek setbacks and riparian habitat protections through its participation in the East Contra Costa County Habitat Conservation Plan Association (HCPA), a Joint Powers Authority that includes the City of Brentwood. All new projects adjacent to creeks and sensitive riparian habitats are required to gain approval through the HCPA, which established a coordinated, regional approach to conservation and regulation of endangered species. Under the Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP), the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife have provided regional permits to the cities of Brentwood, Clayton, Oakley, and Pittsburg, as well as Contra Costa County.
It was recommended that these existing requirements simply be reaffirmed by reference as part of the Focused Zoning Code Update. Based on this direction, staff drafted updates to add a Stream Setback Chapter into Title 17 included in Attachment
4. PRIORITY AREA ONE SPECIFIC PLAN(PA-1) AMENDMENTS – ATTACHMENT 5 In California, cities have limited authority to regulate public school locations through zoning. The seminal case of Hall v. City of Taft (1956) 47 Cal.2d 177, established that public schools are a matter of statewide concern, and state entities are not subject to local regulations unless the Constitution or the Legislature consent to such regulation. This principle was followed by Town of Atherton v. Superior Court (1958) 159 Cal.App.2d 417, which held that school districts are exempt from municipal zoning ordinances. In 2022 when the last update to the PA-1 Specific Plan occurred, amendments to the Allowed Uses section of the Land Use Plan were made related to Public and Private schools. The changes related to Public Schools created
CITY COUNCIL AGENDA ITEM NO. G.1
04/28/2026
inconsistencies between the City’s current Specific Plan and State law, while the changes related to Private Schools created inconsistencies between the City’s current Specific Plan and existing uses, creating non-conforming land uses. In order to create consistency throughout the Specific Plan to better reflect State law as well as existing land uses, staff drafted updates to the Specific Plan to eliminate regulatory provisions applicable to Public Schools, which are not subject to local zoning regulation under State law, and return Private Schools back to conditionally permitted uses within Table 4.2: Allowed Uses, as shown in Attachment 5.
SUMMARY AND CONCLUSION
With these final recommended amendments to the Zoning Ordinance related to Task 2 and 3 of the Focused Zoning Code Update, staff believes that the City Code will continue to reflect the community's values, will be consistent with State law and professional best practices, will update and streamline development review processes, and will be written to be easily read, understood, and implemented. Based on this, staff is recommending that the City Council approve the proposed amendments.
The work plan related to the Focused Zoning Code Update approved by the City Council included three main tasks to complete:
Task 1: Objective Design Standards;
Task 2: Zoning Code Updates required by State law and the Housing Element; Task 3: Focused Zoning Code updates.
If the subject applications are approved tonight, Task 2 will be completed. To date, amendments related to Task 3 including carwashes, short-term rentals, self-storage facilities, and drive-throughs have been completed. If the subject applications are approved finalizing amendments related to automobile service stations and gas stations, the only remaining task as part of Task 3 would be related to restaurants and alcohol sales which will be presented to the Planning Commission on April 21, 2026 for consideration. The last remaining task would be Task 1, Objective Design Standards, which staff will present to the City Council for final approval at its May 26, 2026 meeting. Staff’s goal is to complete the entirety of the Focused Zoning Code Updates (Tasks 1-3) by the end of the fiscal year (June 30).
CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.
CITY COUNCIL AGENDA ITEM NO. G.1
04/28/2026
PREVIOUS ACTION
Previous action by the City Council is included in Attachment 1.
DATE OF NOTICE
The City of Brentwood published a public hearing notice in the Brentwood Press on April 17, 2026.
ENVIRONMENTAL DETERMINATION
The proposed text amendments are exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that the proposed ordinances would restrict future land uses and development and would not facilitate new construction or other groundbreaking activities. There is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment.
ALTERNATIVE OPTION(S)
The following are alternative options that the City Council may consider:
1. Direct staff to make additional changes to the proposed amendments and return with revised ordinances.
2. Decline to adopt the proposed amendments to the Zoning Code related to various proposed amendments at this time. Note however that State law related to some of the proposed amendments would remain in effect regardless of the City’s adoption of the ordinances and thus the City would be required to follow certain procedure and processing requirements.
ATTACHMENT(S)
1. Previous Actions
2. Draft Ordinance 1 – State Legislative Updates
3. Draft Ordinance 2 – Automobile Service/Gas Stations
4. Draft Ordinance 3 – Stream Setback Regulations
5. Resolution – PA-1 Specific Plan Updates, Schools
6. Map of Existing Service Stations
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 November 16 and 17, 2017, the City Council held workshops to discuss, deliberate, and direct staff on priorities and the allocation of financial resources for the development of a Strategic Plan initiative. The Council directed staff to initiate a comprehensive zoning ordinance update.
On February 27, 2018, the City Council adopted Resolution No. 2018-21 to approve the FY 2018/19 and FY 2019/20 City of Brentwood Strategic Plan, including Strategic Initiative 4.1.c, preparation of a comprehensive zoning ordinance update which has been continued over the past few years into the current Strategic Plan FY 2022/23 – FY 2023/24 (Focus Area 4: Land Use Planning, Goal 1: Implement Zoning Ordinance update).
On June 9, 2020, by Resolution No. 2020-73, the City Council adopted the City’s 2020/21 – 2024/25 Capital Improvement Program (“CIP”), which includes the Zoning Ordinance Update, CIP Project No. 337-37228.
On January 24, 2023, the City Council provided direction on reinitiating the City’s Zoning Code Update, including a new focused and phased approach that is to be scaled down in size and focused into specific tasks.
On May 23, 2023, the City Council approved a Professional Services Agreement with De Novo Planning Group to prepare and complete the Focused Zoning Ordinance Update and Objective Design Standards.
On December 9, 2025, the City Council approved an amendment to extend the Professional Services Agreement with De Novo Planning Group to prepare and complete the Focused Zoning Ordinance Update and Objective Design Standards.
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING A TEXT AMENDMENT (RZ 26-001) TO
THE BRENTWOOD MUNICIPAL CODE AMENDING AND ADDING
REGULATIONS FOR SIGNS, MICRO ECONOMIC HOME KITCHEN
OPERATIONS (MEHKO), PUBLIC HEARING NOTICES,
ELECTRIFIED FENCING AND APPLICATION REVIEW AND APPEAL
PROCEDURES TO ENSURE CONSISTENCY WITH STATE AND
FEDERAL LAW
WHEREAS, City staff prepared a zoning text amendment that would (1) amend and add regulations for signs, Micro Economic Home Kitchen Operations (MEHKO), public hearing notices, electrified fencing and application review and appeal procedures to ensure consistency with state and federal law (the “Ordinance”); and
WHEREAS, the Ordinance would amend Title 17 (Zoning) of the Brentwood Municipal Code (“BMC”); and
WHEREAS, new state legislation and/or court rulings on land uses necessitate that the City periodically review and update the BMC to ensure compliance with state and federal law; and
WHEREAS, as Brentwood has developed and changed over time, the zoning has transitioned to allow other types of uses and regulations in the BMC; and WHEREAS, the Planning Commission has reviewed the proposed amendment to the Brentwood Municipal Code, has found that the proposed Ordinance is consistent with the goals and policies of the General Plan, and recommends adoption to the City Council; and
WHEREAS, on March 6, 2026, the City gave public notice of a Planning Commission public hearing to be held to consider this Ordinance by advertisement in the Brentwood Press, a newspaper of general circulation; and WHEREAS, on March 17, 2026, the Planning Commission held a duly-noticed public hearing to consider the staff report, recommendation by staff, and public testimony concerning this Ordinance. Following the public hearing, the Planning Commission voted to recommend that the City Council adopt the proposed Ordinance by a vote of 5-0; and
WHEREAS, the City published a notice of public hearing in the Brentwood Press on April 17, 2026, in accordance with City policies and Government Code Section 65090; and
WHEREAS, on April 28, 2026, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda
reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration by the City’s Planning Commission; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are incorporated into this Ordinance as though fully set forth herein.
SECTION 2. CEQA. Pursuant to California Environmental Quality Act (“CEQA”) Section 15061(b)(3) of the CEQA Guidelines, this project is exempt in that it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment, as the proposed Ordinance would not authorize or facilitate construction or groundbreaking activities and any future project subject to the Ordinance would undergo appropriate CEQA review prior to approval.
SECTION 3. Rezoning. Brentwood Municipal Code Section 17.870.008 provides:
No rezoning of property or text amendment shall occur which is inconsistent with the city’s community development plan. In making a decision, the Planning Commission and Council shall consider the consistency of the proposed action to the community development plan and other applicable city plans, and shall consider whether the proposed action is inappropriate or otherwise contrary to the public interest.
The zoning text amendment set forth in Exhibit A is consistent and compatible with the City of Brentwood General Plan, including goals, policies, and implementation programs such as:
a. Economic Development Policy ED 1-4 which seeks to maintain efficient processing of applications and permits related to economic development, and ensure that no unnecessary obstacles are created by creating consistency and compliance with state and federal law; b. Land Use Policy LU 3-9 which is intended to ensure that all commercial and other non-residential development is compatible with adjacent land uses, particularly residential uses. The Ordinance is appropriate and is not contrary to the public interest in that it will facilitate efficient application processing, encourage investment in Brentwood, and protect both the city’s residents and existing development while also creating consistency between the City’s current Zoning Code and State law.
SECTION 4. Amendment. Specified sections, or portions of sections, of Title 17 of the Brentwood Municipal Code are hereby amended, as shown in Exhibit
A attached hereto and incorporated herein, as follows. Revisions to existing sections are reflected in strikethrough for deletions and underline for additions. Portions of sections not listed in the attached exhibit are not modified and remain in full force and effect.
SECTION 5. Effective Date; Publication Date. This ordinance shall be published in accordance with Government Code Section 36933. This ordinance shall take effect 30 days after its adoption. The City Clerk is directed to cause the Municipal Code text to be entered in the Brentwood Municipal Code of the City of Brentwood to be modified accordingly.
THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting by the City Council of the City of Brentwood at a regular meeting held on the 28th day of April 2026 by the following vote:
EXHIBIT “A”
Section 1. Section 17.060.008 (Zoning – Annexations) of the Brentwood Municipal Code is hereby amended to read as follows:
17.060.008 Zoning – Annexations
Prior to the annexation to the city of any property and pursuant to Chapter 17.870, the sponsor of any annexations shall file an application for prezoning of the property to be annexed and the city shall establish the zoning in accordance with Government Code § 65859, which will be in effect on the effective date of the annexation. Such zoning shall be in conformance with the city's general plan.
Section 2. Section 17.640.001 (Title and purpose of provisions) of the Brentwood Municipal Code is hereby amended to read as follows:
17.640.001 Title and purpose of provisions.
A. Title. This chapter shall be known as the sign ordinance of the City of Brentwood, California.
B. Authority. This chapter is adopted pursuant to the city's general and police powers, California Constitution Article XI, Section 7; California Government Code Sections 65000 et seq., 65850(b), 38774, and 38775; Business and Professions Code Sections 5200 et seq., 5230, 5490 et seq., 13530 et seq., and 13540; Penal Code Section 556 et seq.; and other applicable state laws.
C. Regulatory Scope. This chapter regulates signs, as defined herein, which are within the legal corporate limits of the city, but not on city property, as defined herein, or within the DT (downtown) zone. Signs on city property are controlled by Chapter 17.645. Signs on property located within the DT (downtown) zone are regulated by Chapter 17.280.
D. Purpose and Intent. The purpose of this chapter is to create and enforce a comprehensive system for the reasonable regulation of signs within the city.
By adopting this chapter, the city intends to balance many competing interests, which include, but are not limited to, the following:
1. To provide each sign user an opportunity for effective identification by regulating the time, place, and manner under which signs may be displayed.
2. To maintain a content-neutral approach to sign regulation so as not to inhibit protected forms of freedom of expression. To allow exercise of the free speech right by the display of a sign.
3. To regulate the number and size of signs according to standards consistent with the purpose of the city’s various zoning districts and the intent of the zoning regulations.
4. To protect all zoning districts from the adverse impacts of excessive numbers or sizes of signs and signs of poor-quality design, and to enhance the character of residential neighborhoods and business areas, open views and vistas.
5. To protect and enhance property values.
6. To provide a reasonable and comprehensive system of sign regulations controls.
7. To serve the city’s aesthetic interest by minimizing visual clutter while accommodating reasonable signage as a major and necessary form of communication.
8. To state rules for fair treatment of all sign users.
9. To promote public safety by reducing driver distraction while providing that official traffic regulation devices be easily visible and free from nearby visual obstructions such as blinking signs, and by prohibiting or limiting signs that constitute a traffic hazard or obstruct the visibility of motorists, bicyclists or pedestrians.
10.To reduce visual clutter by prohibiting the installation of new billboards, oversized signs, roof signs, animated signs and other similar types of signage.
Section 3. Subsection (H) of Section 17.660.008 (Fences and walls) of the Brentwood Municipal Code is hereby amended to read as follows:
17.660.008. Fences and walls
H. Prohibited Fences. The following types of fences or fencing material are prohibited within all residential zones. In commercial zones, the following types of fencing material are prohibited unless specifically approved by the Planning Commission in conjunction with a design review or conditional use permit, or as required by city, state, or federal laws or regulations:
1. Barbed wire, razor, or concertina wire;
2. Electrified fence, except as authorized under State law;
3. Chain link fencing when visible from public areas, public rights-of-way, and/ or private roadways;
4. Temporary fencing, such as plastic or wire mesh fencing, barricades, and panel-system fences, except for construction sites, city-sponsored events, and temporary uses approved with a temporary use permit; and
5. Fences and walls located within a public utility easement.
Section 4. Sections 17.800.009 and 17.800.010 of the Brentwood Municipal Code are hereby amended to read as follows:
17.800.009 Public hearing notice.
Whenever the provisions of this title state that a public hearing shall be held, the public hearing notice shall be given as follows:
A. Through mailing of a public hearing notice to the following:
1. The applicant and/or property owner/s or their duly authorized agent;
2. The owners of all property within one thousand feet of the subject site as shown on the latest equalized assessment rolls;
3. Any person who has filed a written request with either the city clerk or the City Council; and
4. Each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be significantly affected.
B. The public hearing notice shall include the date, time, and place of the public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing; C. Publication once in one newspaper of general circulation in the city; D. At the time of project submittal and before an application may be deemed complete (pursuant to the State Permit Streamlining Act) by city staff, tThe project applicant shall erect on-site a sign(s) that identifies their proposed project. The following standards shall be adhered to:
1. The sign shall be four feet by eight feet, unless another size is determined appropriate by the community development department director;
2. The sign(s) shall be erected adjacent to each public right-of-way street frontage that the project site abuts, but shall not create sight distance problems along the adjacent rights-of-way;
3. The actual text on the sign shall include a description of the nature of the action being considered, the appropriate City Hall phone number to call for questions on the proposed project, and be readable from the adjacent right-of-way;
4. The project applicant shall be responsible for maintaining the sign(s) in a satisfactory condition, and for adding a hearing date when that has been determined by the city; and
5. The project applicant shall remove all sign(s) at the start of project construction or when project approvals have expired, whichever comes first.
E. Alternative or additional notice may also be given pursuant to Section 65091 of the Government Code;
F. All mailing, or publication, and erect on-site signage, shall be accomplished at least ten days prior to the public hearing., except in the case that if a proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, notice of the hearing before the Planning Commission shall be published, posted, mailed, and delivered, or advertised, as applicable, at least 20 days prior to the public hearing;
G. The failure of any person to receive notice required by this section, shall not affect the authority of the city to act on a matter before it, provided proper notice has been found to be given.
17.800.010 Review procedure.
Processing and determining completeness of project applications shall be in accordance with the Permit Streamlining Act (Government Code § 65920 et seq.).
The Permit Streamlining Act applies to all discretionary development projects that are quasi-adjudicatory actions such as approvals of use permits, tentative subdivision maps, and variances. The Permit Streamlining Act does not apply to ministerial projects such as building permits, or to legislative or quasi-legislative projects such as rezoning requests and general plan amendments (Government Code § 65928 and related court interpretations). Upon submittal to the city, applications shall be processed in accordance with the following:
A. Preliminary Review. Within thirty days following initial submittal of an application the following actions shall be taken After an application has been filed and appropriate fees have been paid, the application shall be examined by the zoning administrator or other responsible administrative officer to determine whether it contains all of the required information and is complete for the purposes of complying with Government Code § 65928. No later than 30 days following the submittal of the application, the applicant shall be notified in writing whether the application is deemed to be complete or incomplete. If the application is determined to be incomplete, the applicant shall be notified in writing of the reasons therefor and informed of the information still needed to make the application complete. If the city does not inform the applicant within the 30-day period, the application will be deemed complete.:
1. A determination shall be made as to whether the application is in order and complete pursuant to city requirements, CEQA and local CEQA Guidelines.
2. If the application is determined to be not in order or complete the applicant shall be notified of the deficiencies in the application and/or specific data necessary to make it complete.
3. At such time as the application is determined to be complete it shall be so certified on the application form.
B. Initial Study. Following certification determination that an application is deemed complete the city shall review the proposal, conducting any studies necessary for its proper consideration and causing the preparation of reports for the reviewing body including any prerequisite environmental documents.
C. Final Review and Action. The filing date of an application shall be the date the application is certified determined to be complete after which the following actions shall be taken.
1. If the matter is one requiring a public hearing, a public hearing date shall be set and advertised pursuant to Section 17.800.009.
2. If the matter is one allowing zoning administrator or other administrative officer action, the matter shall be reviewed and action shall be taken.
3. If the matter is one requiring Planning Commission action or recommendation to the City Council, the matter will be forwarded to the Planning Commission for its review and action or recommendation, as applicable.
4. If the matter is one requiring City Council action, the matter will be forwarded to the City Council for their review and action.
Section 5. Sections 17.810.001 and 17.810.009 of the Brentwood Municipal Code are hereby amended to read as follows:17.810.001 Title and purpose of provisions.
A. Title. The provisions of this chapter shall be known as the "development agreement procedures" of this title.
B. Purpose. The purpose of these regulations is to allow the city and an applicant to enter into an agreement that will assure the city that a proposed project will proceed to its completion in compliance with the plans submitted by the applicant and to guarantee the applicant that the project can proceed to its completion in accordance with the rules and regulations in effect at the time of project approval.
1. Government Code § 65864 et seq. authorizes local governments to enter into development agreements with applicants for development
projects. Under appropriate circumstances, development agreements will strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services and the allocation of costs, achieve the maximum utilization of public and private resources in the development process, and assure, to the extent feasible, that appropriate measures to enhance and protect the environment of the city are achieved.
2. The objective of such an agreement is to provide assurances that, upon approval of the project, the applicant may proceed with the project in accord with existing policies, rules, and regulations subject to the conditions of approval, thus vesting certain development rights in the property. Development agreements will also ensure that all conditions of approval, including the construction of off-site improvements made necessary by such land developments, will proceed in an orderly and economical fashion to the benefit of the city. The purpose of this chapter is to establish procedures and requirements for consideration of development agreements by the city consistent with state law.
17.810.009 Development agreement contents.
The city attorney shall approve the form of each development agreement with consideration of the following: The proposed agreement shall contain all the elements specified in subsections A through D of this section and may include any other provisions permitted by law including those specified in subsections E through G of this section:
A. The duration of the development agreement; A proposed development agreement shall specify the duration of the agreement, the permitted uses of the property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes.
B. The permitted uses of the property; A proposed development agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions; provided, that such conditions, terms, restrictions and requirements for subsequent discretionary actions shall not unreasonably prevent development of the land for the uses and to the density or intensity of the development set forth in the agreement. A proposed development agreement may also provide that construction shall be commenced within a specified time, and that the project or any phases thereof be completed within a specified time.
C. The density or intensity of use, the maximum height and size of proposed buildings; A program and standards for periodic review of the development agreement shall be included.
D. Provisions for reservation or dedication of land for public purposes; Appropriate provisions, acceptable to the city attorney, providing security for the performance of the developer under the development agreement shall be included.
E. Conditions, terms, restrictions and requirements for subsequent discretionary actions; provided, that such conditions, terms, restrictions and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development or within the time periods set forth in the agreement; A development agreement shall include all conditions imposed by the city with respect to the development project, including those conditions required as a result of any environmental review prepared under the California Environmental Quality Act. Agreements for special purposes may be adopted covering only certain aspects of the project.
Any such special purpose development agreement shall be identified as such.
F. Conditions that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time; All development agreements shall contain an indemnity and insurance clause, in form and substance acceptable to the city attorney, requiring the developer to indemnify the city against claims arising out of the development process; provided, that such a provision does not violate applicable law or constitute a joint venture, partnership, or other participation in the business affairs of the developer by the city.
G. A development agreement may include terms and conditions relating to the applicant's financing of necessary public facilities and subsequent reimbursement over time.
Section 6. Sections 17.840.010, 17.840.011, and 17.840.012 of the Brentwood Municipal Code are hereby amended, and Section 17.840.013 of the Brentwood Municipal Code is hereby added, to read as follows:
17.840.010 Exception for cottage food operations.
For the purposes of this section a cottage food operation means an enterprise within the registered or permitted (by the Contra Costa County Environmental Health Division department) area of a private home or apartment, or other multifamily housing unit (i.e., condominiums or townhomes), where the individual, who proposes to conduct the cottage food operation in his or her private residence and is the owner of the cottage food operation, prepares and/or packages cottage food products that are not potentially hazardous foods for direct or indirect sale to consumers as permitted by the Contra Costa County Environmental Health Division in accordance with the California Health and Safety Code. Cottage food operations are allowed as a
home occupation subject to the California Health and Safety Code (AB 1616, Gatto.
Food safety: cottage food operations) and this chapter with the following exceptions and performance standards:
A. On-Site Customers. Only one vehicle and two customers are allowed at a time on the site with a maximum of twelve customers per day for direct sales. Such direct sales to customers shall be limited to the hours of eight a.m. to six p.m.
Monday through Saturday. Direct sales on Sunday, as well as outdoor sales, are prohibited.
B. On-Site Dining. On-site dining is prohibited.
C. Employees. Only one full-time equivalent employee, not including the operator’s family or household members, shall be on the premises of the cottage food operation at any time.
D. Parking and Loading Requirements. For single-family homes, parking spaces for the cottage food operator and any employee shall be accommodated on the property site. For apartments and multifamily developments, the cottage food operator’s designated space(s) shall be available for the use, including parking spaces for the applicant’s own vehicles and any employee. On-site parking in an apartment complex or other multifamily residence requires approval from the property owner, landlord, homeowners association or property manager.
On-street parking spaces may be used for persons picking-up and/or delivering materials for the operation and third-party retailers coming to the property if proposed.
Loading of food products into vehicles may occur anytime within an enclosed garage when the garage door is shut. Hours for loading vehicles outside of a garage are limited from eight a.m. to six p.m. Monday through Saturday with no Sunday hours. Vehicles shall not idle when being loaded.
E. Solid waste collection is limited to the city’s regular cart service. No commercial trash collection shall occur on the site.
F. There shall be no discharge of grease associated with the cottage food operation into the city’s solid waste or storm drain system.
17.840.011 Exception for microenterprise home kitchen operation (MEHKO).
A microenterprise home kitchen operation (MEHKO) is a small-scale, home-based restaurant operated by a resident in a private home. MEHKOs can offer meals for dine-in, take-out, and/or delivery, and can also be used as a commissary for permitted food carts. A MEHKO is subject to the California Health and Safety Code (AB 626, Garcia. California Retail Food Code: microenterprise home kitchen operations) and the permitting requirements of the Contra Costa County Environmental Health Division, and shall meet all of the following requirements:
A. Operating Conditions. A MEHKO may operate within the City of Brentwood only under the following conditions:
1. A valid permit must be obtained from the Contra Costa County Environmental Health Division before a person may lawfully commence operations as a MEHKO.
2. A business license must be obtained from the City of Brentwood pursuant to Chapter 5.04 of the Brentwood Municipal Code before a person may lawfully commence operations as a MEHKO.
3. Onsite consumption of food is permitted only pursuant to Health and Safety Code § 113825 and 114367.2 and food may be provided for delivery only pursuant to Health and Safety Code § 114367.5.
4. Solid waste collection shall be limited to the city’s regular cart service.
No commercial solid waste collection shall occur on the site.
5. There shall be no discharge of grease associated with the microenterprise home kitchen operation operation into the city’s sanitary sewer, solid waste, or storm drain system.
17.840.012 Authority and effect.
Nothing in this chapter shall be construed to preclude the enforcement of other applicable county, state and federal laws and regulations, including, but not limited to, Americans with Disabilities Act requirements and building code requirements.
17.840.013 Appeal.
Action of the community development director may be appealed pursuant to Chapter
17.880.
Section 7. Section 17.870.009 of the Brentwood Municipal Code is hereby amended to read as follows:
17.870.009 Appeal.
Action by the Planning Commission denying a rezoning or zoning ordinance text amendment may be appealed pursuant to Chapter 17.880.
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING A TEXT AMENDMENT (RZ 26-001) TO
THE BRENTWOOD MUNICIPAL CODE TO LIMIT THE TOTAL
NUMBER OF AUTOMOBILE SERVICE STATIONS/GAS STATIONS
WITHIN THE CITY
WHEREAS, City staff prepared a zoning text amendment that would limit the total number of automobile service stations/gas stations to 20 within the City by adding Brentwood Municipal Code Section 17.665 (Automobile Services Stations/Gas Stations) (the “Ordinance”); and
WHEREAS, the Ordinance would amend Title 17 (Zoning) of the Brentwood Municipal Code (“BMC”); and
WHEREAS, Brentwood is transitioning from a city with vast areas of open land to one relying on infill development and redevelopment of existing areas and there are few vacant commercial sites to locate any new types of businesses, including gasoline fuel stations and car washes; and
WHEREAS, gasoline fuel stations and car washes may not be the highest and best use of the limited available commercial land, especially where such uses may be incompatible with nearby residentially zoned properties; and WHEREAS, expanding the availability of alternative fuel stations will allow the City of Brentwood to transition away from the use of pure fossil fuels as an energy source for vehicles to lower emission and zero emission alternatives, which will have positive impacts on community health, public safety, and the local and regional environment while aligning with State goals for sustainability; and WHEREAS, the Planning Commission has reviewed the proposed amendment to the Brentwood Municipal Code, has found that the proposed Ordinance is consistent with the goals and policies of the General Plan, and recommends adoption to the City Council; and
WHEREAS, on March 6, 2026, the City gave public notice of a Planning Commission public hearing to be held to consider this Ordinance by advertisement in the Brentwood Press, a newspaper of general circulation; and WHEREAS, on March 17, 2026, the Planning Commission held a duly-noticed public hearing to consider the staff report, recommendation by staff, and public testimony concerning this Ordinance. Following the public hearing, the Planning Commission voted to recommend that the City Council adopt the proposed Ordinance by a vote of 5-0; and
WHEREAS, the City published a notice of public hearing in the Brentwood Press on April 17, 2026, in accordance with City policies and Government Code Section 65090; and
WHEREAS, on April 28, 2026, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration by the City’s Planning Commission; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are incorporated into this Ordinance as though fully set forth herein.
SECTION 2. CEQA. Pursuant to California Environmental Quality Act (“CEQA”) Section 15061(b)(3) of the CEQA Guidelines, this project is exempt in that it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment, as the proposed Ordinance would not authorize or facilitate construction or groundbreaking activities and any future project subject to the Ordinance would undergo appropriate CEQA review prior to approval.
SECTION 3. Rezoning. Brentwood Municipal Code Section 17.870.008 provides:
No rezoning of property or text amendment shall occur which is inconsistent with the city’s community development plan. In making a decision, the Planning Commission and Council shall consider the consistency of the proposed action to the community development plan and other applicable city plans, and shall consider whether the proposed action is inappropriate or otherwise contrary to the public interest.
The zoning text amendments set forth in Exhibit A are consistent with the General Plan because General Plan Land Use Policy LU 3-1 aims to ensure that an adequate inventory of vacant industrial, commercial, office, and business park land is designated, zoned, and maintained for targeted employmentgenerating uses. The Ordinance’s amendments limit the total number of gasoline fuel stations and will help to preserve remaining commercial land in the city for uses with greater employment generating potential. The Planning Commission finds that the Ordinance is appropriate and is not contrary to the public interest in that it will help preserve commercial land for the highest and best use and protect the city’s residential neighborhoods.
SECTION 4. Amendment. Specified sections, or portions of sections, of Title 17 of the Brentwood Municipal Code are hereby amended, as shown in Exhibit
A attached hereto and incorporated herein, as follows. Portions of sections not listed in the attached exhibit are not modified and remain in full force and effect.
SECTION 5. Effective Date; Publication Date. This ordinance shall be published in accordance with Government Code Section 36933. This ordinance shall take effect 30 days after its adoption. The City Clerk is directed to cause the Municipal Code text to be entered in the Brentwood Municipal Code of the City of Brentwood to be modified accordingly.
THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting by the City Council of the City of Brentwood at a regular meeting held on the 28th day of April 2026 by the following vote:
EXHIBIT “A”
Section 1. Section 17.030.030 of the Brentwood Municipal Code, titled “Definitions,” is hereby amended to add the definition of “gas station,” automobile service station”, or “fueling station” to read as follows:
Section 17.030.030 Definitions.
"Gas station," “automobile service station”, or "fueling station" means a retail business selling, storing and/or dispensing gasoline, diesel, or any other fossil fuelbased motor vehicle fuels.
Section 2. Chapter 17.665 of the Brentwood Municipal Code is hereby added to read as follows:
Chapter 17.665 AUTOMOBILE SERVICES STATIONS/GAS STATIONS Chapter 17.665.001 Intent and purpose of the chapter.
A. It is found that automobile service stations create special problems of traffic friction, congestion, and hazard, especially at street intersections, and that such stations differ significantly from other uses permitted in commercial zones, thus requiring special controls on location, siting, and development.
B. The purpose of this section is to minimize the adverse effects of service stations while enabling the provision of reasonably convenient automobile service and promoting compatibility with surrounding activities.
C. Automobile Service Stations/Gas Stations are as defined by Chapter 17.330 Chapter 17.665.002 Limits on the Number of Automobile Service Stations/Gas Stations.
A. Total Number of Automobile Service Stations/Gas Stations. The issuing of Automobile Service Stations/Gas Stations licenses is limited as follows:
1. The total number of automobile service stations/gas stations within the city shall be limited to no more than 20. Such limitation shall include the combined number of licensed and legally operating gasoline and automobile service stations and those not constructed but with applications deemed completed at the time of the Ordinance adoption.
2. No entitlements or licenses may be issued to authorize automobile service stations/gas stations if the number already issued equals or exceeds the total number authorized pursuant to subsection 1.
3. If a licensed and operating gasoline or service station is discontinued from use for a period of 12 months, then further use of the property as a gasoline
or automobile service station shall require authorization through a new Conditional Use Permit. If the use has discontinued due to construction under a valid building permit, the Community Development Director may grant a limited extension of the 12-month period when presented with documentation, prior to the expiration of the 12-month period, demonstrating that construction has been actively, continuously, and diligently pursued; such extensions are intended to be infrequent and shall not be granted where the use has effectively been abandoned or where delays are attributable to the applicant’s lack of diligence. Prior to granting an extension, the Community Development Director shall prepare a written determination that construction has been actively, continuously, and diligently pursued and without undue delay.
4. If at the time of a land use application for a gasoline service station there are fewer than 20 gasoline service stations operating or approved in the city, the city shall review new applications in the order in which land use applications are deemed complete.
5. The City of Brentwood planning division (planning) shall maintain the list of operating or approved gasoline or automobile service stations and their locations within the city.
Chapter 17.665.003 Development Standards
The sites and physical building(s) containing the Automobile Service Stations/Gas Stations use is subject to the prescribed zoning district standards and permitting process, except that the following standards apply:
A. Location and separation. An automobile service station shall be at least three hundred feet from any school, park, or similar use, and shall be at least five hundred feet from any other service station on the same side of a street, except at an intersection of two streets where a maximum of two stations may be permitted on the corners of such intersection. Separation requirements shall be measured from property line to property line.
B. Lot size. An automobile service station site shall be at least one hundred fifty feet by one hundred fifty feet or the minimum required for the zone in which it is located, whichever is greater. An automobile service station may be modified or rebuilt on an existing service station parcel with site dimensions less than required in this section, provided that all other development standards for the service station are satisfied.
C. Setbacks. Notwithstanding the applicable setback regulations for the underlying zone, canopies over pump islands, whether attached to a building or not, may extend to within ten feet of street property lines.
D. Driveways. No more than two driveways or means of access shall be provided to any one street. Driveways shall be located as follows:
1. Not less than twenty-five feet from the nearest street intersection;
2. Not less than twenty-five feet from any other driveway;
3. Not less than five feet from a side property line.
E. Ancillary equipment/devices. Ancillary equipment/devices such as air compressors shall not be located in any required building setback area.
F. Alternative fuel stations. In addition to the minimum electric vehicle (EV) charging stations required by the California Building Code (CBC), a minimum of one alternative fuel station shall be provided for every four petroleum-based fuel pumps. The alternative fuel station can be an additional EV charging station, compressed natural gas (CNG), hydrogen, or other alternative fuel.
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING A TEXT AMENDMENT (RZ 26-001) TO
THE BRENTWOOD MUNICIPAL CODE TO ADD REGULATIONS AND
DEVELOPMENT STANDARDS RELATED TO STREAM SETBACKS
WHEREAS, City staff prepared a zoning text amendment to amend the Brentwood Municipal Code to add regulations and development standards related to stream setbacks within the City by adding Brentwood Municipal Code Section 17.625 (Stream Setback Regulations) (the “Ordinance”); and
WHEREAS, the Ordinance would amend Title 17 (Zoning) of the Brentwood Municipal Code (“BMC”); and
WHEREAS, Goal COS 3 of the Conservation and Open Space Element of the City’s General Plan calls for the protection and enhancement of Brentwood’s ecosystem and natural habitats; and
WHEREAS, Policy COS 3-1 of the Conservation and Open Space Element of the City’s General Plan recognizes that sensitive habitats include creek corridors, wetlands, vernal pools, riparian areas, wildlife and fish migration corridors, native plant nursery sites, waters of the United States, sensitive natural communities, and other habitats designated by state and federal agencies; and WHEREAS, Policy COS 3-1 of the Conservation and Open Space Element of the City’s General Plan looks to preserve and enhance those biological communities that contribute to Brentwood’s and the region’s biodiversity including, but not limited to, wetlands, riparian areas, aquatic habitat, and agricultural lands; and WHEREAS, Action COS 3a of the Conservation and Open Space Element of the City’s General Plan requires new development, as well as infrastructure projects, long-range planning projects, and other projects, to comply with the requirements of the HCP/NCCP to ensure that potentially significant impacts to special-status species and sensitive resources are adequately addressed; and
WHEREAS, the proposed HCP/NCCP conservation measures address the landscape level, community-level (or habitat), and species-level impacts, and include measures to address the following objectives: design of covered activities to avoid or minimize impacts on covered species and covered vegetation communities; preservation of covered vegetation communities; preservation of covered species populations and habitats; restoration of covered species habitat and vegetation communities to compensate for direct and indirect impacts on specific species and vegetation communities; restoration of species habitat to contribute to the recovery of listed covered species and help prevent the listing of non-listed covered species, and management of preserves to maximize the functions of habitats for covered species; and
WHEREAS, by developing a plan that addresses natural resource issues comprehensively and proactively, the City would increase its control over local land use issues and benefit species and project proponents alike; and WHEREAS, the Planning Commission has reviewed the proposed amendment to the Brentwood Municipal Code, has found that the proposed Ordinance is consistent with the goals and policies of the General Plan, and recommends adoption to the City Council; and
WHEREAS, on March 6, 2026, the City gave public notice of a Planning Commission public hearing to be held to consider this Ordinance by advertisement in the Brentwood Press, a newspaper of general circulation; and WHEREAS, on March 17, 2026, the Planning Commission held a duly-noticed public hearing to consider the staff report, recommendation by staff, and public testimony concerning this Ordinance. Following the public hearing, the Planning Commission voted to recommend that the City Council adopt the proposed Ordinance by a vote of 5-0; and
WHEREAS, the City published a notice of public hearing in the Brentwood Press on April 17, 2026, in accordance with City policies and Government Code Section 65090; and
WHEREAS, on April 28, 2026, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration by the City’s Planning Commission; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are incorporated into this Ordinance as though fully set forth herein.
SECTION 2. CEQA. Pursuant to California Environmental Quality Act (“CEQA”) Section 15061(b)(3) of the CEQA Guidelines, this project is exempt because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment, as the proposed Ordinance would not authorize or facilitate construction or groundbreaking activities and any future project subject to the Ordinance would undergo appropriate CEQA review prior to approval.
SECTION 3. Rezoning. Brentwood Municipal Code Section 17.870.008 provides:
No rezoning of property or text amendment shall occur which is inconsistent with the city’s community development plan. In making a decision, the Planning Commission and Council shall consider the consistency of the
proposed action to the community development plan and other applicable city plans, and shall consider whether the proposed action is inappropriate or otherwise contrary to the public interest.
The zoning text amendment set forth in Exhibit A is consistent with the General Plan, as amended from time to time, insomuch as it helps implement Brentwood’s General Plan Conservation and Open Space Element, including, specifically, Goal COS 3, in that the regulations will be used to help protect and enhance Brentwood’s ecosystem and natural habitats by maintaining a buffer zone between urban development and existing and restored streambeds throughout the City. In addition, the amendment would help to implement Policies COS 3-1 and COS 3-2 in that the regulations will be used to preserve and enhance biological communities that contribute to the biodiversity of Brentwood and the region by maintaining and enhancing the water quality of the streams to protect native fish populations. Lastly, Action COS 3a would be implemented in that these regulations will be required of qualifying new development to ensure that potentially significant impacts to special status species and sensitive resources are adequately addressed.
The City Council likewise finds that the Ordinance is appropriate and is not contrary to the public interest in that it will add clarity to and update the provisions of the Brentwood Municipal Code and the Zoning Ordinance.
SECTION 4. Amendment. Specified sections, or portions of sections, of Title 17 of the Brentwood Municipal Code are hereby amended, as shown in Exhibit A attached hereto and incorporated herein, as follows. Portions of sections not listed in the attached exhibit are not modified and remain in full force and effect.
SECTION 5. Effective Date; Publication Date. This ordinance shall be published in accordance with Government Code Section 36933. This ordinance shall take effect 30 days after its adoption. The City Clerk is directed to cause the Municipal Code text to be entered in the Brentwood Municipal Code of the City of Brentwood to be modified accordingly.
THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting by the City Council of the City of Brentwood at a regular meeting held on the 28th day of April 2026 by the following vote:
EXHIBIT “A”
Chapter 17.625 of the Brentwood Municipal Code is hereby added to read as follows:
Chapter 17.625 Stream Setback Regulations
17.625.001 Title and purpose of provisions.
A. Title. The provisions of this chapter shall be known as the "Stream Setback Regulations" of this title.
B. Purpose. This section is intended to protect the City's creek and riparian areas, which provide benefits to the community in the form of natural habitats, flood protection and stormwater runoff, and areas for active and passive recreation and is intended to achieve the following purposes:
1. Maintain or improve water quality by filtering sediments and pollutants from urban runoff before they reach the stream.
2. Allow for protection of preserved and restored riparian woodland and scrub within and adjacent to the stream channel.
3. Maintain a buffer zone between urban development and existing and restored nesting habitat for Swainson’s hawk and other bird species.
4. Maintain and enhance the water quality of the stream to protect native fish populations, including populations of special-status species that occur in downstream reaches (e.g. fall-run Chinook salmon in Marsh Creek).
5. Maintain a more viable wildlife corridor for some species (e.g. California red-legged frog, foothill yellow-legged frog) than would be present with a narrower buffer zone.
6. Maximize the natural flood protection value of the floodplain.
7. Provide for recreational trails along the corridor that are compatible with wildlife use.
17.625.002 Applicability of provisions—General.
A stream setback will be applied to all development projects which include or are adjacent to any perennial, intermittent, and ephemeral streams, including projects not covered by the Final East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP). All projects shall follow Conservation Measure 1.7 “Establish Stream Setbacks” of the Final HCP/NCCP to determine the applicable regulations and setbacks. The setback shall be measured from the top of the stream bank in an aerial perspective (to eliminate differences in setbacks on different slopes). Where native woody riparian vegetation is present, setbacks will extend, at minimum, to the outer dripline of this vegetation. Stream setbacks will be established for all perennial, intermittent, and ephemeral streams for all covered activities within the Urban Development Area.
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING AN AMENDMENT TO THE PRIORITY
AREA ONE (PA-1) SPECIFIC PLAN (SPA 26-001) UPDATING
REGULATIONS RELATED TO PRIVATE AND PUBLIC SCHOOLS
WHEREAS, City staff prepared a text amendment to the Priority Area One (PA-1) Specific Plan updating regulations related to private and public schools (the “Resolution”); and
WHEREAS, on July 22, 2014, the City Council of the City of Brentwood adopted an update to the City’s General Plan (the “General Plan”) that included, among other things, policy language prioritizing the development of a roughly 431-acre portion of the City generally bounded by Heidorn Ranch Road, Lone Tree Way, Shady Willow Lane, and Sand Creek and identified as “Priority Area 1” (the “Specific Plan Area”); and
WHEREAS, on October 16, 2018, the Planning Commission held a Public Hearing regarding the Priority Area 1 Specific Plan and recommended that the City Council (1) certify an Environmental Impact Report (EIR), (2) adopt a General Plan amendment (GPA 18-002), (3) adopt the Priority Area 1 Specific Plan (SPA 18-001), and (4) adopt a rezone (RZ 18-003) to implement a zoning text amendment and map amendments within the Priority Area 1 Specific Plan and adopting Chapter 17.295 PA-1 (Priority Area One) Zone; and
WHEREAS, on November 13, 2018, the City Council adopted Resolution No. 2018-159, (1) certifying an Environmental Impact Report (EIR), (2) adopting a General Plan amendment (GPA 18-002), and (3) approving the Priority Area 1 (PA-1) Specific Plan; and adopted a rezone (RZ 18-003) to implement a zoning text amendment and map amendments within the Priority Area 1 Specific Plan and adopting Chapter 17.295 PA-1 (Priority Area One) Zone; and WHEREAS, on October 11, 2022, the City Council approved (1) a Resolution to Adopt an Addendum to the Environmental Impact Report for the Priority Area One Specific Plan, (2) a Resolution to Adopt an Amendment to the Priority Area 1 Specific Plan (SPA 22-001), and (3) an Ordinance to Approve a Rezone (RZ 22-001) to amend Brentwood Municipal Code Chapter 17.295 (PA-1 [Priority Area One]) Zone; and WHEREAS, the Planning Commission has reviewed the proposed amendment to the PA-1 Specific Plan, has found that the proposed Resolution is consistent with the goals and policies of the Priority Area 1 Specific Plan and General Plan, and recommends adoption to the City Council; and
WHEREAS, on March 6, 2026, the City gave public notice of a Planning Commission public hearing to be held to consider this Resolution by advertisement in the Brentwood Press, a newspaper of general circulation; and
WHEREAS, on March 17, 2026, the Planning Commission held a duly-noticed public hearing to consider the staff report, recommendation by staff, and public testimony concerning this Resolution. Following the public hearing, the Planning Commission voted to recommend that the City Council adopt the proposed Resolution by a vote of 4-0; and
WHEREAS, the City published a notice of public hearing in the Brentwood Press on April 17, 2026, in accordance with City policies and Government Code Section 65090; and
WHEREAS, on April 28, 2026, the City Council held a duly-noticed public hearing to consider the Resolution, including: (1) the public testimony and agenda reports prepared in connection with the Resolution, (2) the policy considerations discussed therein, and (3) the consideration by the City’s Planning Commission; and WHEREAS, all legal prerequisites to the adoption of the Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby resolve as follows:
SECTION 1. Recitals. The above recitals are incorporated into this Resolution as though fully set forth herein.
SECTION 2. CEQA. Pursuant to California Environmental Quality Act (“CEQA”) Section 15061(b)(3) of the CEQA Guidelines, this project is exempt because it can be seen with certainty that there is no possibility that the Resolution may have a significant effect on the environment, as the proposed Resolution would not authorize or facilitate construction or groundbreaking activities and any future project subject to the Resolution would undergo appropriate CEQA review prior to approval.
SECTION 3. Rezoning. Brentwood Municipal Code Section 17.870.008 provides:
The Specific Plan amendment is consistent and compatible with the Brentwood General Plan.
The City Council finds that the Resolution is appropriate and is not contrary to the public interest in that it will add clarity to and update the provisions of the PA-1 Specific Plan. The requested amendment is consistent and compatible with the City of Brentwood General Plan (as updated July 2014), including goals, policies, and implementation programs such as:
a. Land Use Policy LU1-2, which directs the “PA-1” land use designation be adopted for the area within the PA-1 Specific Plan planning area; and
b. Land Use Policy Goal 3, which states, “Provide for a diversified mix of strong retail centers, service commercial activities, manufacturing enterprises, and high paying employment opportunities that
contribute to Brentwood’s economic well-being,” in that it is projected that the changes to the PA-1 Specific Plan that are contemplated in the amendment will incentivize and facilitate the development and expansion of existing businesses.
c. Economic Development Policy ED 3-2, which aims to ensure that the application and permitting process for expansion or improvements to existing businesses is user-friendly by allowing existing business to grow.
SECTION 4.SECTION 4. Amendment. The Priority Area 1 Specific Plan is hereby amended (added text underlined, deleted text stricken)as follows:
CHAPTER 4: LAND USE PLAN
4.3: ALLOWED USES
Table 4.2: Allowed Uses
ECLI TV/MU RC MFVHDR HDR RA PF TS Additional
Regulations
Private Educational
Facilities
- C - C C - - - - -
Public School Facilities P C C C C C - -
SECTION 5. Effective Date. This resolution shall become effective immediately upon its passage and adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 28th day of April 2026 by the following vote:
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LEGEND
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Source: City of Brentwood. Map date: March 25, 2026.
CITY OF BRENTWOOD
Gas Stations
CITY COUNCIL AGENDA ITEM NO. G.2
04/28/2026
SUBJECT: Public Hearing for Compliance with Assembly Bill 2561 / Government Code Section 3502.3 Regarding Vacancies,
Recruitment, and Retention Efforts
DEPARTMENT: Human Resources
STAFF: Teresa Fairbanks, Human Resources Manager
Sukari Beshears, Director of Human Resources / Risk Manager
TITLE/RECOMMENDATION
Public Hearing for Compliance with Assembly Bill 2561 / Government Code Section 3502.3 Regarding Vacancies, Recruitment, and Retention Efforts.
Staff recommends that the City Council receive the presentation for informational purposes during the public hearing at which the City will report on workforce vacancies, recruitment, and retention efforts.
FISCAL IMPACT
There is no direct fiscal impact associated with conducting the public hearing required under Government Code section 3205.3
BACKGROUND
Assembly Bill 2561 (AB 2561), which became effective on January 1, 2025, requires public agencies to report annually on the status of workforce vacancies as part of a statewide effort to address ongoing staffing shortages in local government. These shortages continue to affect service delivery and contribute to increased workloads for existing employees.
In accordance with the legislation, public agencies must conduct a public hearing at least once per fiscal year, prior to adoption of the upcoming fiscal year budget, to present information on current vacancies, recruitment activities, and employee retention efforts. The hearing must also identify any policies, procedures, or recruitment practices that may create barriers in the hiring process and outline potential changes to improve staffing outcomes.
This report provides vacancy, recruitment, and retention data for calendar year 2025.
CITY COUNCIL AGENDA ITEM NO. G.2
04/28/2026
AB 2561 amended the Meyers-Milias-Brown Act by adding Government Code Section 3502.3, which requires local public agencies to enhance transparency and accountability in public sector staffing. The purpose of AB 2561 is to address growing concerns over staffing shortages in public agencies. To mitigate these impacts, the law requires agencies to report the following:
1. Public Hearing – Present the status of vacancies and recruitment and retention efforts
As of December 31, 2025, the City had 341 full-time equivalent (FTE) budgeted positions, with 324 FTE’s represented by a recognized bargaining unit. The City’s vacancy rate as of December 31, 2025 was 7%.
The City’s vacancy rate for the previous year was 11%.
Month
Vacancies
End of
Month
Hires Separations Promotions Budgeted
FTEs
Vacancy
%
January 35.5 5 3 2 340 10%
February 33.5 5 3 2 340 10%
March 33.5 0 0 2 340 10%
April 28.5 6 1 3 341 8%
May 25.5 4 1 2 341 7%
June 24.5 4 3 1 341 7%
July 24.5 2 2 2 341 7%
August 25.5 1 2 1 341 7%
September 26.5 2 3 1 341 8%
October 26.5 2 2 1 341 8%
November 22.5 5 1 2 341 7%
December 22.5 3 3 4 341 7%
2. Identify any policies or practices that may hinder hiring or retention Staff reviewed City policies and practices and did not identify any policies or practices that currently hinder hiring or retention at this time. Staff will continue to make this a priority and will inform the City Council if any issues are identified.
CITY COUNCIL AGENDA ITEM NO. G.2
04/28/2026
3. Employee Organization Participation
Allow the recognized employee organization for each bargaining unit at the City to make presentations during the public hearing concerning vacancies and recruitment and retention efforts. The Human Resources Department notified the City’s represented bargaining units of the opportunity to present. (Gov. Code § 3502.3(b))
4. Additional Reporting for High Vacancy Rates
If vacancies within a single bargaining unit meet or exceed 20% of authorized full-time positions in that bargaining unit, upon request of the recognized employee organization for that bargaining unit, the City must provide additional information during the public hearing, including applicant volume, hiring timelines, and efforts to improve compensation, benefits and working conditions. (Gov. Code § 3502.3(c))
At the end of calendar year 2025, the City’s bargaining units with recognized employee organizations, were all under the 20% vacancy rate, which is summarized below:
Bargaining Unit Vacancy
Rate
Brentwood Employees’ Association-Miscellaneous Office Division 7% Brentwood Employees’ Association-Public Works Division 0% Police Lieutenants Group 0%
Brentwood Managers and Confidential Employees’ Association 5% Brentwood Police Officers’ Association 8%*
Brentwood Supervisors and Professional Employees’ Association 14% Unrepresented Vacancy
Rate
Unrepresented Executive & Senior Management 18%
*Two (2) Police Officer vacancies are “under-filled” by Police Officer Trainees graduating in calendar year 2026.
CITY COUNCIL AGENDA ITEM NO. G.2
04/28/2026
CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.
PREVIOUS ACTION
Not Applicable.
DATE OF NOTICE
April 10, 2026
ENVIRONMENTAL DETERMINATION
Not Applicable.
ALTERNATIVE OPTION(S)
Staff does not recommend any alternative options to ensure that the City has a final report on file to be compliant with AB 2561.
ATTACHMENT(S)
Not Applicable.
CITY COUNCIL AGENDA ITEM NO. G.3
04/28/2026
SUBJECT: Continue Public Hearing for the Unlawful Loud or Unruly Gathering Ordinance
DEPARTMENT: Community Development
STAFF: Alexis Morris, Director of Community Development
TITLE/RECOMMENDATION
It is requested that the City Council continue the public hearing on the Unlawful Loud or Unruly Gathering Ordinance pending review of the Ordinance by the Ad-Hoc Committee.
FISCAL IMPACT
There is no fiscal impact associated with continuing the public hearing to a date certain.
BACKGROUND
This item was tentatively scheduled as a public hearing for the April 28th City Council meeting pending review of the draft Unlawful Loud or Unruly Gathering Ordinance by the Social Nuisance Ordinance Development Ad Hoc Committee of the City Council.
Staff is requesting that the City Council continue this item to the May 12, 2026, City Council meeting to allow the Ad Hoc Committee to complete its review and make a recommendation to the City Council.
CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.
DATE OF NOTICE
The City of Brentwood published a public hearing notice in the Brentwood Press on April 17, 2026.
ENVIRONMENTAL DETERMINATION
There is no environmental determination needed for this continuance.
CITY COUNCIL AGENDA ITEM NO. H.1
04/28/2026
SUBJECT: Approve the Amended and Retitled City Council Administrative Policy No. 20-23 retitled as Prohibiting Discrimination, Harassment, and Retaliation
DEPARTMENT: Human Resources
STAFF: Sukari Beshears, Director of Human Resources/Risk Manager
TITLE/RECOMMENDATION
Adopt a Resolution approving the amended and retitled City Council Administrative Policy No. 20-23 retitled as Prohibiting Discrimination, Harassment, and Retaliation.
Staff recommends that Council approve the amendments as part of the City’s ongoing efforts to ensure that all employees are treated with dignity, fairness, and respect.
FISCAL IMPACT
There is no fiscal impact associated with the adoption of this Resolution.
BACKGROUND
On February 18, 2025, the Diversity Equity Belonging and Inclusion (DEBI) Committee discussed developing an Anti-Racism Policy to maintain responsible behavior, ensure everyone is treated with dignity and respect, and all individuals feel safe and protected from racism. This reflects the City’s commitment to an anti-racist culture that builds confidence and trust while providing an environment where the workforce is treated fairly and is free from all forms of racism and prejudice. Staff recommended that the DEBI Committee consider amending the current Prohibiting Unlawful Discrimination and Harassment Policy.
The amended Policy before Council this evening, reflects review by the executive team, collaboration from the DEBI Committee and staff along with input received from bargaining groups through the meet and confer process. It is part of the City’s ongoing efforts to ensure that all members of the community and workforce are treated with dignity, fairness, and respect. These updates reflect both legal requirements and the City’s core values of integrity, passion, accountability, respect, and quality.
CITY COUNCIL AGENDA ITEM NO. H.1
04/28/2026
While the City has long prohibited discrimination, harassment, and retaliation based on race, the updated policy now makes it explicit that conduct motivated by hate, racism, or bigotry has no place in the City, its workplace, or the community Brentwood serves.
This policy revision underscores the City’s continued commitment to equity and inclusion and reflects the City’s zero-tolerance approach to behavior that undermines the safety or dignity of others. These changes are part of the City’s broader commitment to equity in public service and civic life. The updated language reinforces that City government, the workforce, and the institutions will not tolerate hate-based conduct or rhetoric, whether it occurs in the workplace, in public programs, or in dayto-day service to the community.
The City of Brentwood is grateful to the DEBI Committee for raising these important and courageous conversations as well as the ongoing partnership in building a more just, inclusive, and respectful civic environment. The updated policy applies to all City employees, officials, and anyone acting on behalf of the City. It is one step among many the City is taking to ensure that the values of equity, respect, and inclusion are reflected in both city policies and city practices.
Modern workforces prioritize psychological safety and vocal anti-racist commitments.
Prioritizes these things will make Brentwood more attractive to top talent that value inclusive workplaces.
This staff report and related attachments have been reviewed by the City Attorney and outside legal counsel that specializes in employment law.
CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.
PREVIOUS ACTION
Previous Action by the City Council is included as Attachment 1.
DATE OF NOTICE
Not Applicable.
CITY COUNCIL AGENDA ITEM NO. H.1
04/28/2026
ENVIRONMENTAL DETERMINATION
Not Applicable.
ALTERNATIVE OPTION(S)
Staff does not recommend any alternative options to ensure that the City has an updated policy that is legally compliant.
ATTACHMENT(S)
1. Previous Action
2. Resolution
3. Track Changes – Policy Prohibiting Discrimination, Harassment, and Retaliation
4. Final Draft – Policy Prohibiting Discrimination, Harassment, and Retaliation
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 August 12, 2008, the City Council adopted Resolution 2008-194 approving amendments to the Council/Administrative Prohibiting Unlawful Discrimination and Harassment Policy No. 20-23.
On April 12, 2005, the City Council adopted Resolution 2005-80 approving the Council/Administrative Prohibiting Unlawful Discrimination and Harassment Policy No. 20-23.
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING THE AMENDED AND RETITLED CITY
COUNCIL ADMINISTRATIVE POLICY NO. 20-23 RETITLED AS
PROHIBITING DISCRIMINATION, HARASSMENT, AND
RETALIATION
WHEREAS, on April 12, 2005, the City Council adopted City Council Policy No. 20-23 Prohibiting Unlawful Discrimination and Harassment; and WHEREAS, on August 12, 2008, the City Council amended City Council Policy No. 20-23 Prohibiting Unlawful Discrimination and Harassment; and WHEREAS, on September 24, 2024, the City Council provided direction to the Diversity Equity Belonging and Inclusion (DEBI) Committee, an advisory board to the City Council, to work with staff to develop an Anti-Racism Policy to establish clear standards for workplace conduct and reinforce the City’s commitment to a professional and equitable work environment; and
WHEREAS, staff reviewed current City policies and advised the DEBI Committee that the City’s current Prohibiting Unlawful Discrimination and Harassment Policy encompasses language federally governed by Title VII of the Civil Rights Act of 1964 that prohibits unfair treatment based on protected characteristics, such as race, and bans adverse actions against employees who report misconduct; and
WHEREAS, race is one of the protected characteristics and the DEBI Committee requested the policy be strengthened by incorporating legally compliant updates to ensure alignment with current state and federal regulations; and WHEREAS, staff worked with the DEBI Committee to draft an update to the Policy Prohibiting Unlawful Discrimination and Harassment that includes legal updates and input from the executive team and bargaining groups; and WHEREAS, the DEBI Committee recommended that the draft policy be reviewed and considered for approval by the full City Council; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby amends and retitles City Council Administrative Policy No. 20-23 as Prohibiting Discrimination, Harassment, and Retaliation, to ensure all employees are treated with dignity, fairness, and respect and are protected from discrimination, harassment, and retaliation.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 28th day of April 2026 by the following vote:
COUNCIL/ADMINISTRATIVE POLICY
Subject: Policy Prohibiting Unlawful
Discrimination, and Harassment, and
Retaliation
Policy No. 20-23 Revised: 8/12/2008
4/28/2026
Resolution No:
2008-1942026-
Page Page 1 of 151
of 5
Field Code Changed
Field Code Changed
Section 1: PURPOSE
The purpose of this Ppolicy is to set forth the City of Brentwood’s (hereinafter “City”) policy prohibiting unlawful workplace discrimination, and harassment, and retaliation, and to establish a procedure for filing a complaint alleging a violation of this pPolicy unlawful discrimination and/or harassment.
The City of Brentwood is committed to ensuring a professional, respectful, and safe working environment for all individuals. Acts of hate, racism, or bigotry—whether expressed through words, visual representations, or conduct—are fundamentally at odds with the City’s values and responsibilities as a public employer. Such behavior has no place in the workplace or in any City-related function. The City expectsrequires all employees and individuals acting on behalf of the City to uphold these standards in their interactions with each other and with the public we serve.
The City has zero tolerance for any investigated and substantiated conduct that violates this Ppolicy. Conduct by employees and individuals acting on behalf of or contracted by the City may need not violate this Policy eithereven if it does not constitute a violation of federal or state law in order to constitute a violation of this Policy.
A single substantiated act by a City employee, or individual acting on behalf of the City, may constitute a violation of this Ppolicy and provide sufficient grounds for the City to discipline the City employee and/or to take appropriate corrective action, which may include removing and barring the offending individual from City premises or from further acting on the City’s behalf.
This Policy establishes a complaint procedure by which the City will investigate and resolve complaints of discrimination, harassment and retaliation by and against City covered individuals, defined below. The City encourages all covered individuals to report any conduct that they believe violates this Policy as soon as possible.
The City expressly prohibits any retaliation against an employee because they filed or supported a complaint or because they participated in the investigation or complaint resolution process. Individuals found to have retaliated against an employee in violation of this Policy will be subject to appropriate sanction or disciplinary action, up to and including termination.
The City shall from time to time as necessary provide professional and staff development activities and training to promote understanding of diversity and creating a culture of respect within the City.
Section 2: APPLICABILITY
This Ppolicy applies to the following individuals (“City Covered Individuals”):
applicants for employment at the City; all employees of the City, including full-time, part- time and Limited Service regardless of rank or title;, elected and appointed officials of the City; , as well as volunteers;, interns; agents,; vendors;, andand contractors, customers and any third party..
This Policy applies to all terms and conditions of employment, internships, and volunteer opportunities, including, but not limited to, selection, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training.
Section 3: POLICY AND PROCEDURE
A. Prohibited Harassment, and Discrimination, and Retaliation The City will striveis committed to providinge equal employment opportunities individual’s protected classification, as defined below. an individual’s race, individuals who are perceived to be, or who associate with someone who is or is perceived to be, a member of a protected classification.
The City will not include any statements about the need for a driver’s license in job advertisements, postings, applications, and similar employment material, unless it is reasonably expected that the driving will be one the job functions for the position, and using an alternative form of transportation would not be comparable to travel time or cost to the City.
A. Protected Characteristiclassification
This Policy prohibits discrimination, harassment or retaliation because of an individual’s protected classification.
“Protected characteristicClassification” includes refers to employee’s race (raceincluding, but not limited to, hair texture and protective hairstyles such as braids, locs, and twists), color, caste, religion, religious creed, (including religious dress and grooming practices), national origin, ancestry citizenship, physical or mental disability, medical condition (including cancer and genetic conditions), genetic information, marital status, sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender, gender identity, gender expression, reproductive health decision-making, age (40 years and over), sexual orientation,
veteran or military status, domestic violence victim status, political affiliation, a combination of any two or more protected classifications, and any other characteristic protected by applicable state, federal or local laws and ordinances.
This Policy prohibits discrimination, harassment or retaliation for the following reasons: (1) an individual’s protected classification; (2) the perception that an individual has a protected classification; or (3) the individual associates with a person who has or is perceived to have a protected classification; or (4) the combination of two or more protected classifications.
B. Discrimination
Discrimination is defined under this Ppolicy as treating an individual differently adversely, oror denying or granting a benefit to an individual in any aspect of employment, and based solely or in part onf any of the individual’s protected characteristiclassification(s). Discrimination violates this Ppolicy regardless of applicant or employee actually has the protected characteristic(s) or is merely perceived to have it. Discrimination
C. Harassment
This Policy prohibits harassment of a covered individual because of the individual’s actual or perceived protected classification(s), including the actual or perceived protected classification(s) of someone with whom the covered individual is associated, such as a family member or friend. Conduct constitutes prohibited harassment when it is sufficiently severe or pervasive that a reasonable person in the individual’s position would find the environment to be intimidating, hostile, or offensive. Harassment includes, but is not limited to, the following conduct:
1. Derogatory, offensive or inappropriate speech, such as epithets, slurs or stereotypical comments, or verbal gestures or propositions (written or oral) made on the basis of the individual’s protected classification. This includes, but is not limited to, comments, stories, and jokes about appearance, dress, physical features, gender identification, and race.
2. Physical acts, coercion, abuse of authority, such as assault, impeding or blocking movement, offensive touching, or physical interference with normal work or movement, unlawfully compelling someone to do something they normally would not do through threats, intimidation, or pressure, using a position of power for personal gain or to mistreat others, or intentionally hindering someone’s chances for career advancement. This also includes, but is not limited to, pinching, grabbing, patting, or making explicit or implied job threats or promises in return for submission to physical acts. Physical acts also includes conduct that denigrates or shows hostility or aversion towards an individual because of any protected classification(s).
Visual acts or non-verbal gestures, such as derogatory, offensive or inappropriate posters, cartoons, emails, computer displays, pictures or drawings related to a protected classification.
Harassment is defined in this policy as verbal, visual or physical conduct that creates an
Harassment also violates this policy when it is based on a combination of two or were welcome is not significantmaterial to evaluating whether conduct can be harassment under this Policy.
a. Other Examples of Conduct that Might Constitute Harassment Harassment includes conduct that another individual who is a member of the protected classification would find unwelcome or unwanted. when it is sufficiently severe or pervasive that a reasonable person in the individual’s position would find the environment to be intimidating, hostile, or offensive. Harassment may include the following:
1. Conduct that someone may is not intended as to harass. Conduct may violate this Policy if the conduct is directed at, or implicates a protected classification and the recipient finds the conduct to be offensive or inappropriate, even if it’s well-intentioned conduct (e.g., gifts, over-attention, endearing nicknames, hugs, asking a colleague out on dates on multiple occasions after the recipient has declined).
2. Conduct to which the recipient appears to have consented. The City does not recognize as a defense that the recipient appeared to have consented to the conduct at issue by failing to protest about the conduct. A recipient may not protest offensive or inappropriate conduct for many legitimate reasons, including, but not limited to, the need to avoid being perceived as insubordinate or to avoid being ostracized or subjected to retaliation.
3. Conduct about which no employees previously complained. The fact that no employee previously complained about the same or substantially similar conduct does not mean that the conduct is inoffensive or appropriate nor does that fact preclude an employee from complaining about such conduct if it is repeated.
4. Conduct witnessed by a third party or about which a third party learns, even if they did not witness such conduct. Visual, verbal, or physical conduct between two (2) people who do not find such conduct to be offensive or inappropriate may constitute harassment if a third party witnesses such conduct or learns about the conduct (as defined in Section 4.C above) later and finds the conduct to be offensive or inappropriate. Conduct can constitute harassment even if it is not explicitly or specifically directed at a particular individual.
D. Protected Activity
This Policy prohibits discrimination, harassment, and retaliation because of an individual’s protected activity.
Protected activity includes, but is not limited to, the following: (1) making a request for an accommodation for a disability; (2) making a request for accommodation for religious beliefs; (3) making a complaint under this Policy; (4) opposing violations of this Policy; or (5) participating in an investigation under this Policy.
The act of an employee who asserts their rights protected by law, including E. Retaliation
Retaliation means adverse conduct or adverse employment action taken because an individual participated in activity protected activity under this Ppolicy or reported actual or perceived violation of this Ppolicy, opposed practices prohibited by this Ppolicy, or participated in the reporting and investigation process described “Adverse conduct” includes but is not limited to: unprofessional interactions, individual who reports harassment, discrimination or retaliation; express or implied threats or intimidation intended to prevent an individual from reporting harassment, discrimination or retaliation; and denying employment benefits because an applicant or employee reported harassment, discrimination or retaliation or participated in the reporting and investigation process described below. “Adverse employment action” is conduct or an action that materially affects the terms and conditions of the applicant’s or employee’s employment status or is reasonably likely to discourage the person from engaging in a protected activity.
B.
Sexual harassment can include harassing conduct as defined above in harassment, as well as other unwelcome sex-based conduct, such as unwelcome or unsolicited sexual advances, requests for sexual favors, conversations regarding sexual activities and other verbal or physical conduct of a sexual nature.
Examples of conduct that violates this Policy include:
obscene or vulgar gestures, posters, or comments;
sexual jokes or comments about a person’s body, sexual prowess, or sexual deficiencies
propositions, or suggestive or insulting comments of a sexual nature derogatory cartoons, posters, and drawings
sexually explicit emails or voicemails
leering, whistling, uninvited touching of a sexual nature, assault, brushing up against someone’s body
comments, inquiries, or gossip about one’s own or someone else’s sex life or sexual activities
conduct or comments consistently targeted at only one gender, even if the content is not sexual
teasing or other conduct directed toward a person because of the person’s gender, gender identity, gender expression, sex, or sexual orientation
The City also is committed to providing a workplace free from sexual The workplace is not limited to City facilities and premises but may also include client and vendor facilities, and City-related functions held off of City property (i.e., City Council meeting at a privately-owned community meeting room, or attendance at an off-site conference and business-related social functions, or
virtual workspace being used by remote workers).
Additionally, any place that employees and their
Section 5: Complaint ProcedureCOMPLAINT AND INVESTIGATION E.
The following procedures have been put into place to ensure the work environment is respectful, professional, and free of discrimination, harassment, and retaliation.
If an employee believes that someone has violated this Ppolicy or the City’s Equal Employment Opportunity Policy, the employee should immediately report the incident to their supervisor. If the immediate supervisor is involved in the reported conduct or, for some reason, the employee feels uncomfortableunable to about makeing a report to that employee should report the incident to another supervisor or any Department Director, or report the incident directly to the Human Resources Department.
A supervisor who becomes aware of conduct that may constitute prohibited harassment, discrimination, retaliation, or a violation of this Ppolicy is required to immediately contact their Department Director and the Human Resources Department. The City takes a proactive approach to potential policy violations and willshall conduct an investigation if its supervisory or management employees become aware that harassment, discrimination or retaliation occurred may have occurred or may be occurring, regardless of whether the recipient or third party reports a potential violation.
Any employee may report perceived violations of this policy to the City’s Collective Risk Management Team, or to the Employment Protection Line, a 24- hour, 7- day per week, toll-free reporting hotline monitored by an independent third party who will notify the City of the incident. The hotline number is: 1 (877) 651-3924.
Upon receiving the complaint, the City will promptly conduct a fair and thorough investigation into the facts and circumstances of any claimed violation of this Ppolicy or Equal Employment Opportunity Policy. The City Manager or designee will be responsible for coordinating the investigation (unless the City Manager is named in the complaint).
The City Manager or designee may coordinate the investigation with the complainant’s department director and may hire an outside investigator if deemed appropriate. If the complaint is made against the City Manager, the Mayor or the Mayor’s designee will be responsible for coordinating the investigation. If the complaint is made against the Mayor, Councilpersons, or other elected or appointed officials, the City Attorney or a designee shall be responsible for coordinating the investigation and selecting a suitable investigator, including an outside investigator if appropriate.
During the investigation, the City Manager or designee generally will interview the complainant and the accused, conduct further interviews as necessary and review any relevant documents or other information. The City Manager or designee may take interim action, such as placing the alleged personperpetrator on paid administrative leave or alleged personperpetrator.
To the extent possible, the City will endeavor to keep the complainant/reporting employee’s concerns confidential. However, complete confidentiality may not be possible
in all circumstances.
Upon completion of the investigation, the City Manager or designee shall determine whether this pPolicy has been violated based upon their reasonable evaluation of the information gathered during the investigation. The City Manager or designee will inform the complainant and the accused of the completion of the investigation and provide a summary of the findingsresults of the investigation as it relates to the complainant and accused.
The City will take corrective measures against any person who it finds, after a thorough and fair investigation, to have engaged in conduct in violation of this Policy, if the City measures may include, but are not limited to, counseling, suspension, or immediate immediate termination. Anyone, regardless of position or title, whom the City determines engaged in conduct that violates this Policy will be subject to discipline, up to and including termination.
All employees and supervisors have a duty to cooperate in the City’s investigation of alleged discrimination, harassment, and/or retaliation. Failure to cooperate or deliberately providing false information during an investigation shall be grounds for disciplinary action up to, and including, termination.
All employees are encouraged to Remember, the City cannot remedy claimed violation of this Policy.d to violate this policy.
Section 6: TRAINING AND DISSEMINATION OF POLICY
All City officials, including elected or appointed officials, officers, employees, volunteers and interns shall receive a copy of this Ppolicy when they are hired or at appointment.
Policy may be updated from time to time and, ats such times, will be redistributed to all employees.
In addition, all City officials, elected or appointed officials, officers, employees, volunteers and interns are required to undergo sexual harassment prevention training as required by applicable law. For more information on this training requirement, please visit https://calcivilrights.ca.gov/shpt/.
F.A. Confidentiality
Every possible effort will be made to assure the confidentiality of complaints made under this Ppolicy. Complete confidentiality cannot occur, however, due to the need to fully investigate and the duty to take effective remedial action. As a result, confidentiality will be maintained to the greatest extent possible.
The City expressly prohibits an employee who is interviewed during the course of an investigation from attempting to influence other employees, including Formatted: Font: 12 pt
employees who may have witnessed the underlying conduct at issue, while the investigation is open and ongoing.
An employee may discuss their interview with a designated association representative from the employee’s employee organization and/or the employee’s legal representative.
An individual who is interviewed during the course of an investigation is prohibited necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order.
B. Responsibilities
Each non-supervisor or non-manager is responsible for the following:
1. Treating all individuals in the workplace or on City worksites with respect and consideration.
2. Modeling behavior that conforms to this Policy.
3. Participating in periodic trainings on personnel matters.
4. Cooperating with the City’s investigations pursuant to this Ppolicy by responding fully and truthfully and in a timely manner to all questions posed during the investigation.
5. Taking no actions to influence the complainant or any potential witness while the City’s investigation is ongoing.
6. Reporting any act they believe in good faith constitutes harassment, discrimination or retaliation, as defined in this Policy, to their immediate supervisor or manager, or Department HeadDirector, or Personnel OfficerHuman Resources.
In addition to the responsibilities listed above, each manager and supervisor is responsible for:
1. Reporting potential violations of this Policy to the Personnel OfficerHuman Resources, regardless of whether an employee complained about such conduct.
2. Informing employees under their supervision of this Policy.
3. Taking all steps necessary to prevent harassment, discrimination and retaliation from occurring, including, but not limited to, monitoring the work environment and taking immediate and appropriate action to stop violations (e.g., removing inappropriate pictures or correcting inappropriate language).
4. Receiving and responding to complaints in a uniformly fair and serious manner.
5. Documenting the steps taken to resolve such complaints.
6. Following up with those who have complained to ensure that the offensive conduct about which they complained has stopped and that there have been no reprisals or retaliation or threats of reprisals or retaliation.
7. Informing those who complain about harassment and/or discrimination of their option to contact outside administrative agencies (referenced below) and file a complaint about such activity.
8. Assisting and/or advising employees regarding this pPolicy.
9. Assisting in the investigation of complaints involving subordinate employee(s).
10.Where a complaint is substantiated, assisting in the development of a recommendation concerning an appropriate corrective or disciplinary action in accordance with these policies.
11.Implementing appropriate corrective or disciplinary actions.
12.Participating in periodic training and scheduling employees for training.
G.C. Outside Administrative Agencies
An individual has the option to report harassment, discrimination or retaliation to the U.S. Equal Employment Opportunity Commission (“EEOC”) or the California Civil Rights Department of Fair Employment and Housing (DFEH). These administrative agencies offer legal remedies and a complaint process.
By mail: U.S. Equal Employment Opportunity Commission
By address: 1301 Clay Street, Suite 680-N, Oakland, CA 94612-5217 P.O. Box 7033
By e-mail: [email protected]
Website: www.eeoc.gov/employees
[email protected]
By mail: California Department of Fair Employment and
By address: 555 12th Street, Suite 2050, Oakland, CA 94607 By phone: 1-800-884-1684
By email: [email protected]
Web-site: www.dfeh.ca.govwww.calcivilrights.ca.gov
Employment/Public Accommodations: 1-800-884-1684
ACKNOWLEDGEMENT OF RECEIPT
Prohibiting Discrimination, Harassment, and Retaliation Policy No. 20-23 Unlawful Discrimination and Harassment PolicyNo. 20-23
Dated: August 12, 2008
My signature below is confirmation that I have received a copy of Council Policy No. 20-23 Policy Prohibiting Unlawful Discrimination, and Harassment, and Retaliation. The Policy prohibits unlawful workplace discrimination, and harassment, and retaliation and establishes a procedure for filing a complaint of unlawful discrimination, and/or harassment, and retaliation.
I understand that this Ppolicy is intended to supplement other City personnel policies that govern rules of conduct and performance in the workplace. I further understand and agree that it is my responsibility to read and familiarize myself with the provisions of this Ppolicy.
For questions, please contact Human Resources.
Employee’s Signature
Print Employee's Name
Date of Receipt
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COUNCIL/ADMINISTRATIVE POLICY
Subject: Policy Prohibiting Discrimination,
Harassment, and Retaliation
Policy No. 20-23 Revised: 04/28/2026
Resolution No:2026-
Section 1: PURPOSE
The purpose of this Policy is to set forth the City of Brentwood’s policy prohibiting discrimination, harassment, and retaliation, and to establish a procedure for filing a complaint alleging a violation of this Policy.
The City of Brentwood is committed to ensuring a professional, respectful, and safe working environment for all individuals. Acts of hate, racism, or bigotry—whether expressed through words, visual representations, or conduct—are fundamentally at odds with the City’s values and responsibilities as a public employer. Such behavior has no place in the workplace or in any City-related function. The City requires all employees and individuals acting on behalf of the City to uphold these standards in their interactions with each other and with the public the City serves.
The City has zero tolerance for any investigated and substantiated conduct that violates this Policy. Conduct by employees and individuals acting on behalf of or contracted by the City may violate this Policy even if it does not constitute a violation of federal or state law.
A single substantiated act by a City employee, or individual acting on behalf of the City, may constitute a violation of this Policy and provide sufficient grounds for the City to discipline the City employee and/or to take appropriate corrective action, which may include removing and barring the offending individual from City premises or from further acting on the City’s behalf.
This Policy establishes a complaint procedure by which the City will investigate and resolve complaints of discrimination, harassment and retaliation by and against City covered individuals, defined below. The City encourages all covered individuals to report any conduct that they believe violates this Policy as soon as possible.
The City expressly prohibits any retaliation against an employee because they filed or supported a complaint or because they participated in the investigation or complaint resolution process. Individuals found to have retaliated against an employee in violation of this Policy will be subject to appropriate sanction or disciplinary action, up to and including termination.
The City shall from time to time provide professional and staff development activities and training to promote understanding of diversity and to create a culture of respect within the City.
COUNCIL/ADMINISTRATIVE POLICY
Subject: Policy Prohibiting Discrimination,
Harassment, and Retaliation
Policy No. 20-23 Revised: 04/28/2026
Resolution No:2026-
Section 2: APPLICABILITY
This Policy applies to the following individuals (“City Covered Individuals”):
applicants for employment at the City; all employees of the City, including full-time, part-time and Limited Service employees regardless of rank or title; elected and appointed officials of the City; volunteers; interns; agents; vendors; and contractors.
This Policy applies to all terms and conditions of employment, internships, and volunteer opportunities, including, but not limited to, selection, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training.
Section 3: POLICY AND PROCEDURE
Prohibited Harassment, Discrimination, and Retaliation
The City prohibits harassment, discrimination, and retaliation on the basis of an individual’s protected classification, as defined below. This Policy also protects individuals who are perceived to be, or who associate with someone who is or is perceived to be, a member of a protected classification.
Any investigated and substantiated violations of this Policy will lead to disciplinary action, up to and including termination.
Section 4: DEFINITIONS
A. Protected Classification
This Policy prohibits discrimination, harassment or retaliation because of an individual’s protected classification.
“Protected Classification” includes race (inclusive of traits associated with race including, but not limited to, hair texture and protective hairstyles such as braids, locs, and twists), color, caste, religion, religious creed, (including religious dress and grooming practices), national origin, ancestry citizenship, physical or mental disability, medical condition (including cancer and genetic conditions), genetic information, marital status, sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender, gender identity, gender expression, reproductive health decision-making, age (40 years and over), sexual orientation, veteran or military status, domestic violence victim status, political affiliation, a
COUNCIL/ADMINISTRATIVE POLICY
Subject: Policy Prohibiting Discrimination,
Harassment, and Retaliation
Policy No. 20-23 Revised: 04/28/2026
Resolution No:2026-
combination of any two or more protected classifications, and any other characteristic protected by applicable state, federal or local laws and ordinances.
This Policy prohibits discrimination, harassment or retaliation for the following reasons: (1) an individual’s protected classification; (2) the perception that an individual has a protected classification; or (3) the individual associates with a person who has or is perceived to have a protected classification.
B. Discrimination
Discrimination is defined under this Policy as treating an individual differently and adversely, or denying or granting a benefit to an individual in any aspect of employment, based solely or in part on any of the individual’s protected classification(s). Discrimination violates this Policy regardless of whether the applicant or employee actually has the protected characteristic(s) or is merely perceived to have it.
C. Harassment
This Policy prohibits harassment of a covered individual because of the individual’s actual or perceived protected classification(s), including the actual or perceived protected classification(s) of someone with whom the covered individual is associated, such as a family member or friend. Conduct constitutes prohibited harassment when it is sufficiently severe or pervasive that a reasonable person in the individual’s position would find the environment to be intimidating, hostile, or offensive. Harassment includes, but is not limited to, the following conduct:
1. Derogatory, offensive or inappropriate speech, such as epithets, slurs or stereotypical comments, or verbal gestures or propositions (written or oral) made on the basis of the individual’s protected classification. This includes, but is not limited to, comments, stories, and jokes about appearance, dress, physical features, gender identification, and race.
2. Physical acts, coercion, abuse of authority, such as assault, impeding or blocking movement, offensive touching, physical interference with normal work or movement, unlawfully compelling someone to do something they normally would not do through threats, intimidation, or pressure, using a position of power for personal gain or to mistreat others. This also includes, but is not limited to, pinching, grabbing, patting, or making explicit or implied job threats or promises in return for submission to physical acts. Physical acts also include conduct that denigrates or shows hostility or aversion towards an individual because of any protected classification(s).
COUNCIL/ADMINISTRATIVE POLICY
Subject: Policy Prohibiting Discrimination,
Harassment, and Retaliation
Policy No. 20-23 Revised: 04/28/2026
Resolution No:2026-
3. Visual acts or non-verbal gestures, such as derogatory, offensive or inappropriate posters, cartoons, emails, computer displays, pictures or drawings related to a protected classification. Unwanted sexual advances, requests for sexual favors and other acts of a sexual nature, where submission is made a term or condition of employment, where submission to or rejection of the conduct is used as the basis for employment decisions, or where the conduct is intended to or actually does unreasonably interfere with an individual’s work performance or create an intimidating, hostile, or offensive working environment.
Whether or not the person meant to offend or believed their comments or conduct were welcome is not material to evaluating whether conduct can be considered harassment under this Policy.
a. Other Examples of Conduct that Might Constitute Harassment Harassment includes conduct when it is sufficiently severe or pervasive that a reasonable person in the individual’s position would find the environment to be intimidating, hostile, or offensive. Harassment may include the following:
1. Conduct that someone may not intend to harass. Conduct may violate this Policy if the conduct is directed at, or implicates a protected classification and the recipient finds the conduct to be offensive or inappropriate, even if it’s wellintentioned conduct (e.g., gifts, over-attention, endearing nicknames, hugs, asking a colleague out on dates on multiple occasions after the recipient has declined).
2. Conduct to which the recipient appears to have consented. The City does not recognize as a defense that the recipient appeared to have consented to the conduct at issue by failing to protest about the conduct. A recipient may not protest offensive or inappropriate conduct for many legitimate reasons, including, but not limited to, the need to avoid being perceived as insubordinate or to avoid being ostracized or subjected to retaliation.
3. Conduct about which no employees previously complained. The fact that no employee previously complained about the same or substantially similar conduct does not mean that the conduct is inoffensive or appropriate nor does that fact preclude an employee from complaining about such conduct if it is repeated.
4. Conduct witnessed by a third party or about which a third party learns, even if they did not witness such conduct. Visual, verbal, or physical conduct between two (2) people who do not find such conduct to be offensive or inappropriate may constitute harassment if a third party witnesses such conduct or learns about the conduct (as defined in Section 4.C above) later and finds the conduct
COUNCIL/ADMINISTRATIVE POLICY
Subject: Policy Prohibiting Discrimination,
Harassment, and Retaliation
Policy No. 20-23 Revised: 04/28/2026
Resolution No:2026-
to be offensive or inappropriate. Conduct can constitute harassment even if it is not explicitly or specifically directed at a particular individual.
D. Protected Activity
This Policy prohibits discrimination, harassment, and retaliation because of an individual’s protected activity.
Protected activity includes, but is not limited to, the following: (1) making a request for an accommodation for a disability; (2) making a request for accommodation for religious beliefs; (3) making a complaint under this Policy; (4) opposing violations of this Policy; or (5) participating in an investigation under this Policy.
E. Retaliation
Retaliation means adverse conduct or adverse employment action taken because an individual participated in protected activity under this Policy or reported an actual or perceived violation of this Policy, opposed practices prohibited by this Policy, or participated in the reporting and investigation process described below. “Adverse conduct” includes but is not limited to: , intentionally isolating an individual who reports harassment, discrimination or retaliation; express or implied threats or intimidation intended to prevent an individual from reporting harassment, discrimination or retaliation; and denying employment benefits because an applicant or employee reported harassment, discrimination or retaliation or participated in the reporting and investigation process described below. “Adverse employment action” is conduct or an action that materially affects the terms and conditions of the applicant’s or employee’s employment status or is reasonably likely to discourage the person from engaging in a protected activity.
F. Sexual Harassment
Sexual harassment can include harassing conduct as defined above in harassment, as well as other unwelcome sex-based conduct, such as unwelcome or unsolicited sexual advances, requests for sexual favors, conversations regarding sexual activities and other verbal or physical conduct of a sexual nature.
Examples of conduct that violates this Policy include:
obscene or vulgar gestures, posters, or comments;
sexual jokes or comments about a person’s body, sexual prowess, or sexual deficiencies
COUNCIL/ADMINISTRATIVE POLICY
Subject: Policy Prohibiting Discrimination,
Harassment, and Retaliation
Policy No. 20-23 Revised: 04/28/2026
Resolution No:2026-
propositions, or suggestive or insulting comments of a sexual nature derogatory cartoons, posters, and drawings
sexually explicit emails or voicemails
leering, whistling, uninvited touching of a sexual nature, assault, brushing up against someone’s body
comments, inquiries, or gossip about one’s own or someone else’s sex life or sexual activities
conduct or comments consistently targeted at only one gender, even if the content is not sexual
teasing or other conduct directed toward a person because of the person’s gender, gender identity, gender expression, sex, or sexual orientation
G. Workplace
The workplace is not limited to City facilities and premises but may also include client and vendor facilities, and City-related functions held off of City property (i.e., City Council meeting at a privately-owned community meeting room, attendance at an off-site conference and business-related social functions, or virtual workspace being used by remote workers).
Section 5: COMPLAINT AND INVESTIGATION PROCEDURE
The following procedures have been put into place to ensure the work environment is respectful, professional, and free of discrimination, harassment, and retaliation.
If an employee believes that someone has violated this Policy or the City’s Equal Employment Opportunity Policy, the employee should immediately report the incident to their supervisor. If the immediate supervisor is involved in the reported conduct or, for some reason, the employee feels unable to make a report to that supervisor, the employee should report the incident to another supervisor or any Department Director, or report the incident directly to the Human Resources Department.
A supervisor who becomes aware of conduct that may constitute prohibited harassment, discrimination, retaliation, or a violation of this Policy is required to immediately contact their Department Director and the Human Resources Department. The City takes a proactive approach to potential policy violations and shall conduct an investigation if its supervisory or management employees become aware that harassment, discrimination or retaliation may have occurred or may be occurring, regardless of whether the recipient or third party reports a potential violation.
COUNCIL/ADMINISTRATIVE POLICY
Subject: Policy Prohibiting Discrimination,
Harassment, and Retaliation
Policy No. 20-23 Revised: 04/28/2026
Resolution No:2026-
Any employee may report perceived violations of this Policy to the City’s Collective Risk Management Team, or to the Employment Protection Line, a 24-hour, 7-day per week, toll-free reporting hotline monitored by an independent third party who will notify the City of the incident. The hotline number is: 1 (877) 651-3924.
Upon receiving the complaint, the City will promptly conduct a fair, impartial, and thorough investigation into the facts and circumstances of any claimed violation of this Policy or its Equal Employment Opportunity Policy. The City Manager or designee will be responsible for coordinating the investigation (unless the City Manager is named in the complaint).
The City Manager or designee may coordinate the investigation with the complainant’s department director and may hire an outside investigator if deemed appropriate. If the complaint is made against the City Manager, the Mayor or the Mayor’s designee will be responsible for coordinating the investigation. If the complaint is made against the Mayor, Councilpersons, or other elected or appointed officials, the City Attorney or a designee shall be responsible for coordinating the investigation and selecting a suitable investigator, including an outside investigator if appropriate.
During the investigation, the City Manager or designee generally will interview the complainant and the accused, conduct further interviews as necessary and review any relevant documents or other information. The City Manager or designee may take interim action, such as placing the alleged person on paid administrative leave or transferring the alleged person.
To the extent possible, the City will endeavor to keep the complainant/reporting employee’s concerns confidential. However, complete confidentiality may not be possible in all circumstances.
The City will make findings based on a preponderance of the evidence standard, unless otherwise required by law.
Upon completion of the investigation, the City Manager or designee shall determine whether this Policy has been violated based upon their reasonable evaluation of the information gathered during the investigation. The City Manager or designee will inform the complainant and the accused of the completion of the investigation and provide a summary of the findings of the investigation as it relates to the complainant and the accused.
The City will take corrective measures against any person who it finds, after a thorough and fair investigation, to have engaged in conduct in violation of this Policy These measures may include, but are not limited to, counseling, suspension, or termination. Anyone, regardless of position or title, whom the City determines has engaged in conduct that violates this Policy will be subject to discipline, up to and
COUNCIL/ADMINISTRATIVE POLICY
Subject: Policy Prohibiting Discrimination,
Harassment, and Retaliation
Policy No. 20-23 Revised: 04/28/2026
Resolution No:2026-
including termination.
All employees and supervisors have a duty to cooperate in the City’s investigation of alleged discrimination, harassment, and/or retaliation. Failure to cooperate or deliberately providing false information during an investigation shall be grounds for disciplinary action up to, and including, termination.
All employees are encouraged to report any conduct which they believe constitutes a violation of this Policy.
Section 6: TRAINING AND DISSEMINATION OF POLICY
All City officials, including elected or appointed officials, officers, employees, volunteers and interns shall receive a copy of this Policy when they are hired or at appointment. The Policy may be updated from time to time and, at such times, will be redistributed to all employees.
In addition, all City officials, elected or appointed officials, officers, employees, volunteers and interns are required to undergo sexual harassment prevention training as required by applicable law. For more information on this training requirement, please visit https://calcivilrights.ca.gov/shpt/.
Although the City is limited in its ability to discipline non-employees who violate this Policy (e.g., vendors and contractors), the City will take any available and permissible remedial action aimed at ensuring that the discriminatory and/or harassing conduct stops.
A. Confidentiality
Every possible effort will be made to assure the confidentiality of complaints made under this Policy. Complete confidentiality cannot occur, however, due to the need to fully investigate and the duty to take effective remedial action. As a result, confidentiality will be maintained to the greatest extent possible.
The City expressly prohibits an employee who is interviewed during the course of an investigation from attempting to influence other employees, including employees who may have witnessed the underlying conduct at issue, while the investigation is open and ongoing.
An employee may discuss their interview with a designated association