JUNE 16, 2026, 5:30 PM
SPECIAL CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS, 150 CITY PARK WAY
TELECONFERENCE LOCATION:
3341 WALNUT BOULEVARD, SUITE 310
BRENTWOOD, CA 94513
*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.
Vice Mayor Pierson will be participating remotely from a teleconference location at 3341 Walnut Blvd, Suite 310, Brentwood, CA 94513. The remaining City Council Members will be participating from the Council Chamber.
HOW TO PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:
Please note that public comments are limited to the items listed on the Special Meeting agenda.
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):
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 SPECIAL MEETING AGENDA
Zoom Webinar ID: 760 1397 0037
TELECONFERENCE LOCATION:
3341 Walnut Boulevard, Suite 310
Brentwood, CA 94513
June 16, 2026, 5:30 p.m.
City Council Chambers
150 City Park Way
Brentwood, CA 94513
City Council Zoom Link
A. CALL TO ORDER & ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. PUBLIC COMMENTS
The public is permitted to speak on items that are listed on the Special Meeting agenda.
In Person: Please file a speaker’s card with the City Clerk on the form provided on the counter at the back of the Chambers.
Zoom: Please use the Raise Your Hand feature in Zoom during this item to speak under Public Comments.
Members of the public wishing to speak during the public discussion of items that are on the agenda are requested to fill out the speaker form provided and hand the card to the City Clerk at the beginning of (or during) the meeting. 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. A speaker may not allocate his or her time to another speaker. All remarks shall be addressed to the Mayor. Speakers are urged to avoid unnecessary repetition in their remarks and instead simply indicate a agreement with previous speakers.
Speakers desiring answers to questions, at the invitation of the Mayor, may have a staff member provide a brief response. Alternately, a staff member may follow up directly with the speaker during regular City business hours.
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.
D. CONSENT CALENDAR
D.1 Rescind Previous Approval and Approve a Revised Parking Lot Lease Agreement with DJA Properties, LLC for the 2nd Street Parking Lot and Amend the 2025/26 Operating Budget Title/Recommendation
Adopt a Resolution of the City Council of the City of Brentwood (1) rescinding the City Council’s prior approval (Resolution No. 2026-29, adopted April 28, 2026) of the Parking Lot Lease Agreement between DJA Properties, LLC and the City of Brentwood for 715 and 739 2nd Street; (2) approving a revised Parking Lot Lease Agreement (“Agreement”) between DJA Properties, LLC and the City of Brentwood for 219 Oak Street, 715 2nd Street, and 739 2nd Street; and (3) amending the FY 2025/26 General Fund Operating Budget.
D.2 Adoption of a Resolution Delegating Limited Settlement Authority to the City Attorney for Claims Presented Against the City Pursuant to Government Code Section 935.4 Title/Recommendation
Adopt a Resolution delegating limited settlement authority to the City Attorney to allow, compromise, or settle claims presented against the City in an amount not to exceed fifty thousand dollars ($50,000) per claim, pursuant to Government Code section 935.4.
E. RECESS TO CLOSED SESSION
F. BUSINESS ITEMS
F.1 PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
[Gov’t. Code §54957]
Title: Acting City Manager
A closed session will be held on June 16, 2026, for the purpose of considering the abovedescribed matter. [Gov’t. Code §54957].
G. 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 June 15, 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
CITY COUNCIL AGENDA ITEM NO. D.1
06/16/2026
SUBJECT: Rescind Previous Approval and Approve a Revised Parking Lot Lease Agreement with DJA Properties, LLC for the 2nd Street Parking Lot and Amend the 2025/26 Operating Budget
DEPARTMENT: City Manager’s Office
STAFF: Terrance Davis, Assistant City Manager
TITLE/RECOMMENDATION
Adopt a Resolution of the City Council of the City of Brentwood (1) rescinding the City Council’s prior approval (Resolution No. 2026-29, adopted April 28, 2026) of the Parking Lot Lease Agreement between DJA Properties, LLC and the City of Brentwood for 715 and 739 2nd Street; (2) approving a revised Parking Lot Lease Agreement (“Agreement”) between DJA Properties, LLC and the City of Brentwood for 219 Oak Street, 715 2nd Street, and 739 2nd Street; and (3) amending the FY 2025/26 General Fund Operating Budget.
FISCAL IMPACT
If the revised Agreement is approved, the total FY 2025/26 cost would be $38,000 (includes fencing costs, excluding any insurance premium increase). The total Agreement and ancillary cost with optional extensions would be $92,000 for the twoyear 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. The estimated cost to install this fencing is $20,000.
CITY COUNCIL AGENDA ITEM NO. D.1
06/16/2026
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.
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 Barricade 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 revised Agreement is approved, the FY 2025/26 Operating Budget would need to be amended by $38,000. The FY 2026/27 and FY 2027/28 costs have been included in the draft 2026/27 – 2027/28 Operating Budget to be presented for consideration of adoption by the City Council on June 23, 2026.
BACKGROUND
On April 28, 2026, the City Council approved a Parking Lot Lease Agreement with DJA Properties, LLC for two parcels located at 715 2nd Street and 739 2nd Street, immediately across from City Hall and City Park. The purpose of the lease is to preserve these strategically located lots for public parking, events, and programming that aligns with the Downtown Specific Plan and the City’s economic development objectives.
Following Council approval, the City and the Landlord negotiated a revised Agreement that expands the leased premises to include a third, contiguous parcel at 219 Oak Street (APN 013-080-008), together with 715 2nd Street (APN 013-080-006) and 739 2nd Street (APN 013-080-005). Adding 219 Oak Street creates a single, contiguous site that improves circulation, access control, and the City’s ability to program the property for events. In connection with the added parcel, the
CITY COUNCIL AGENDA ITEM NO. D.1
06/16/2026
barricade/fencing obligation under the Agreement is now located on the 219 Oak Street frontage, as depicted in Exhibit “A” to the Agreement.
Because the revised Agreement materially changes the leased premises and supersedes the agreement approved on April 28, 2026, staff recommends that the City Council rescind its prior approval and approve the revised Agreement in its entirety. The revised Agreement is otherwise consistent with the previously approved business terms, including monthly rent of $3,000, a six-month initial term commencing May 1, 2026, and the option to extend for up to three additional sixmonth periods.
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.
CITY COUNCIL AGENDA ITEM NO. D.1
06/16/2026
ATTACHMENT(S)
1. Previous Actions
2. Resolution
3. Draft 2
nd Street Lease Agreement and Exhibit A to the Lease Agreement
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 12, 2002, by Resolution No. 2739, the 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, the 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 was 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, the 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, timeline and partnership plan for Council’s approval.
On April 28, 2026, by Resolution No. 2026-29, the City Council approved a parking lot lease agreement between DJA Properties, LLC and the City of Brentwood for the lease of 715 and 739 2nd street and amended the 2025/26 General Fund Operating Budget in the amount of $38,000.
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD (1) RESCINDING RESOLUTION NO. 2026-29,
WHICH APPROVED A PARKING LOT LEASE AGREEMENT WITH
DJA PROPERTIES, LLC FOR 715 AND 739 2ND STREET; (2)
APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A REVISED PARKING LOT LEASE AGREEMENT WITH
DJA PROPERTIES, LLC FOR 219 OAK STREET, 715 2ND STREET, AND 739 2ND STREET; AND (3) AMENDING THE 2025/26
GENERAL FUND OPERATING BUDGET
WHEREAS, the City of Brentwood (“City”) desires to lease certain real property located in the City’s downtown, immediately across from City Hall and City Park, in order to preserve and activate the property for public parking, events, and programming consistent with the Downtown Specific Plan and the City’s economic development objectives; and
WHEREAS, on April 28, 2026, the City Council adopted Resolution No. 2026- 29, approving a Parking Lot Lease Agreement between the City and DJA Properties, LLC (“Landlord”) for the parcels located at 715 2nd Street and 739 2nd Street; and WHEREAS, following adoption of Resolution No. 2026-29, the City and the Landlord negotiated a revised Parking Lot Lease Agreement that adds a third, contiguous parcel located at 219 Oak Street (Assessor’s Parcel No. 013-080-008) to the leased premises, together with 715 2nd Street (APN 013-080-006) and 739 2nd Street (APN 013-080-005); and
WHEREAS, the revised Parking Lot Lease Agreement, attached hereto as Attachment A and incorporated herein by this reference, supersedes the agreement approved by Resolution No. 2026-29, and the City Council desires to rescind that prior approval and approve the revised Agreement in its entirety; and WHEREAS, the revised Agreement provides for an initial six-month term commencing May 1, 2026, monthly rent of three thousand dollars ($3,000), and the option to extend the term for up to three (3) additional six-month periods, and all payment obligations under the Agreement are contingent upon the annual appropriation of funds by the City Council; and
WHEREAS, approval of the revised Agreement requires an amendment to the FY 2025/26 General Fund Operating Budget to fund the prepaid six-month rent and the barricade improvement required under the Agreement; and WHEREAS, the leasing of an existing, developed parking lot for public parking and temporary uses does not constitute a “project” with the potential to cause a significant effect on the environment under the California Environmental Quality Act (“CEQA”) and is otherwise exempt therefrom.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby resolve as follows:
1. The foregoing recitals are true and correct and are incorporated herein by this reference.
2. Resolution No. 2026-29, adopted April 28, 2026, approving the Parking Lot Lease Agreement between the City and DJA Properties, LLC for 715 and 739 2nd Street, is hereby rescinded in its entirety.
3. The City Council approves the revised Parking Lot Lease Agreement between the City of Brentwood and DJA Properties, LLC for the real property located at 219 Oak Street, 715 2nd Street, and 739 2nd Street (APNs 013-080-008, 013- 080-006, and 013-080-005), in substantially the form attached hereto as Attachment A, and authorizes the City Manager to execute the Agreement on behalf of the City, together with any non-substantive or ministerial changes approved by the City Manager and the City Attorney.
4. The City Council amends the FY 2025/26 General Fund Operating Budget in the amount of $38,000 to fund the prepaid six-months rent ($18,000) and the required barricade improvement ($20,000). Costs associated with any extension periods exercised by the City in FY 2026/27 and FY 2027/28 have been incorporated into the draft 2026/27–2027/28 Operating Budget for the City Council’s consideration of adoption on June 23, 2026.
5. The City Council finds that the approval of the Agreement is not a “project” subject to CEQA, or is otherwise exempt, and that no further environmental review is required.
6. The City Manager is hereby authorized to take all actions and execute all documents necessary or appropriate to implement the Agreement and the intent of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a special meeting held on the 16th day of June 2026 by the following vote:
PARKING LOT LEASE AGREEMENT
[219 Oak Street, 715 2
nd Street and 739 2nd 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 219 Oak Street, 715 2
nd Street, and 739 2nd Street, parcel numbers 013-080-008, 013-080-006 and 013-080-005, respectively(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 approval of the Term of this Lease, Tenant is responsible for installing and maintaining a barricade on the 219 Oak Street property 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 of Landlord. 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 responsible for any environmental contamination or release of hazardous materials caused by Tenant or
4 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 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, City Attorney
5 Exhibit “A”
Boundary of Barricade
CITY COUNCIL AGENDA ITEM NO. D.2
06/16/2026
SUBJECT: Adoption of a Resolution Delegating Limited Settlement Authority to the City Attorney for Claims Presented Against the City Pursuant to Government Code Section 935.4
DEPARTMENT: City Attorney’s Office
STAFF: Thomas Lloyd Smith, City Attorney
TITLE/RECOMMENDATION
Adopt a Resolution delegating limited settlement authority to the City Attorney to allow, compromise, or settle claims presented against the City in an amount not to exceed fifty thousand dollars ($50,000) per claim, pursuant to Government Code section 935.4.
FISCAL IMPACT
There is no direct fiscal impact associated with adoption of the Resolution. Any future settlement payments authorized under the Resolution would be subject to applicable budgetary, accounting, claims administration, insurance coverage, and risk management procedures.
Delegating limited settlement authority may result in administrative efficiencies and may help reduce claims-related costs in appropriate cases by allowing certain claims to be resolved in a timely and cost-effective manner.
BACKGROUND
The proposed Resolution is intended to promote the efficient, timely, and costeffective resolution of claims against the City where settlement is appropriate and in the City’s best interests. Delegating limited settlement authority to the City Attorney may allow certain claims to be resolved more efficiently, reduce administrative delays, and help manage legal risk and claims-related costs.
The City Attorney reviews and evaluates claims presented against the City, advises regarding legal risk and claims resolution, coordinates with applicable coverage providers and claims administrators, and provides recommendations to the City Council regarding significant claims and litigation matters. The proposed delegation
CITY COUNCIL AGENDA ITEM NO. D.2
06/16/2026
is limited to claims where the settlement amount does not exceed $50,000 per claim and remains subject to the limitations and procedures set forth in the Resolution.
The Resolution also provides that any allowance, compromise, or settlement authorized by the Resolution shall be conditioned on the execution of a written settlement agreement, release, waiver, dismissal, or other documentation deemed appropriate by the City Attorney under the circumstances. This language preserves flexibility while ensuring that settlements are documented in a manner appropriate to the particular claim.
The Resolution further provides that the City Attorney shall exercise the delegated authority in coordination with applicable City departments, fiscal staff, claims administrators, defense counsel, the Municipal Pooling Authority, ERMA, and any other applicable coverage provider, as appropriate under the circumstances. The Resolution does not modify, waive, limit, expand, or supersede any applicable coverage obligation, claims administration procedure, reservation of rights, consent requirement, self-insured retention, deductible, memorandum of coverage, or other applicable coverage term.
The City Attorney would retain discretion to submit any claim to the City Council for consideration when City Council review is appropriate, including claims involving significant policy issues, unusual risk exposure, public concern, recurring operational issues, uncertain coverage, disputed coverage, or other matters warranting City Council direction. The City Council also retains its authority to consider, approve, reject, compromise, or settle any claim against the City.
If adopted, appropriate City staff would update the City’s Signature Authority Policy and any related administrative procedures, forms, or signature matrices as necessary to reflect the limited settlement authority delegated to the City Attorney by the Resolution.
CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.
PREVIOUS ACTION
Not applicable.
DATE OF NOTICE
CITY COUNCIL AGENDA ITEM NO. D.2
06/16/2026
Please include any information related to public noticing in this space.
If not required, state Not Applicable.
ENVIRONMENTAL DETERMINATION
Adoption of the Resolution is not a “project” within the meaning of the California Environmental Quality Act because it involves an administrative action concerning claims handling and settlement authority and does not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:
1. Do not approve staff’s recommendation, which may reduce the City’s ability to resolve certain claims in a timely and efficient manner.
2. Modify staff’s recommendation settlement authority.
3. Continue item with direction for staff to return with additional information.
ATTACHMENT(S)
1. Resolution No. 2026-XX - A Resolution of the City Council of the City of Brentwood Delegating Limited Settlement Authority to the City Attorney for Claims Presented Against the City Pursuant to Government Code Section 935.4
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD DELEGATING LIMITED SETTLEMENT AUTHORITY
TO THE CITY ATTORNEY FOR CLAIMS PRESENTED AGAINST
THE CITY PURSUANT TO GOVERNMENT CODE SECTION 935.4
WHEREAS, the Government Claims Act establishes procedures for the presentation, consideration, allowance, compromise, settlement, and rejection of claims for money or damages against local public entities; and WHEREAS, Government Code section 935.4 authorizes a local public entity, by ordinance or resolution, to authorize an employee of the local public entity to perform those functions of the governing body under the Government Claims Act that are prescribed by the local public entity; and
WHEREAS, Government Code section 935.4 further provides that only a charter provision may authorize an employee to allow, compromise, or settle a claim against a local public entity if the amount to be paid pursuant to the allowance, compromise, or settlement exceeds fifty thousand dollars ($50,000); and WHEREAS, Government Code section 935.4 further provides that a resolution may provide that, upon the written order of the authorized employee, the auditor or other fiscal officer of the local public entity shall cause a warrant to be issued in the amount for which a claim has been allowed, compromised, or settled; and WHEREAS, the City Council desires to promote the efficient, timely, and costeffective resolution of claims against the City where settlement is in the best interests of the City; and
WHEREAS, the City Attorney reviews and evaluates claims presented against the City, advises regarding legal risk and claims resolution, coordinates with applicable coverage providers and claims administrators, and provides recommendations to the City Council regarding significant claims and litigation matters; and
WHEREAS, the City Council desires to authorize the City Attorney to allow, compromise, or settle claims presented against the City in an amount not to exceed fifty thousand dollars ($50,000) per claim, subject to the limitations and procedures set forth in this Resolution; and
WHEREAS, nothing in this Resolution is intended to modify, waive, limit, expand, or supersede any applicable MPA or ERMA governing document, coverage obligation, claims administration procedure, reservation of rights, consent requirement, self-insured retention, deductible, memorandum of coverage, or other applicable coverage term; and
WHEREAS, nothing in this Resolution is intended to limit the authority of the City Council to consider, approve, reject, compromise, or settle any claim against the City; and
WHEREAS, the City Attorney may submit any claim to the City Council for consideration when the City Attorney determines that City Council review is appropriate, including claims involving significant policy issues, unusual risk exposure, public concern, recurring operational issues, uncertain coverage, disputed coverage, or other matters warranting City Council direction; and WHEREAS, the authority delegated by this Resolution shall remain effective until modified or repealed by subsequent action of the City Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby:
1. Finds that the above recitals are true and correct and incorporated herein by this reference.
2. Authorizes the City Attorney, pursuant to Government Code section 935.4, to allow, compromise, or settle claims presented against the City in an amount not to exceed fifty thousand dollars ($50,000) per claim when the City Attorney determines that settlement is in the best interests of the City.
3. Provides that the City Attorney shall condition any allowance, compromise, or settlement authorized by this Resolution on the execution of a written settlement agreement, release, waiver, dismissal, or other documentation deemed appropriate by the City Attorney under the circumstances.
4. Provides that the City Attorney shall exercise the authority delegated by this Resolution in coordination with applicable City departments, defense counsel, the Municipal Pooling Authority (MPA), the Employment Risk Management Authority (ERMA), and any other applicable coverage provider, as appropriate under the circumstances.
5. Directs the appropriate City staff to update the City’s Signature Authority Policy and any related administrative procedures, forms, or signature matrices as necessary to reflect the limited settlement authority delegated to the City Attorney by this Resolution.
BE IT FURTHER RESOLVED that, upon the written order of the City Attorney, the City’s fiscal officer is authorized and directed to issue or cause to be issued payment in the amount for which a claim has been allowed, compromised, or settled pursuant to this Resolution, subject to any applicable budgetary, accounting, claims administration, insurance coverage, or risk management procedures.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 16th day of June 2026, by the following vote:
MEMORANDUM FROM THE CITY ATTORNEY
CONCERNING A CLOSED SESSION
BEFORE THE CITY COUNCIL OF THE CITY OF BRENTWOOD
TO: Honorable Mayor and Members of the City Council
FROM: Thomas Lloyd Smith, City Attorney
SUBJECT: Closed Session
PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
[Gov’t. Code §54957]
Title: Acting City Manager
A closed session will be held on June 16, 2026, for the purpose of considering the abovedescribed matter. [Gov’t. Code §54957].
Any action taken by the City Council to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of the public employee in closed session pursuant to Section 54957 shall be disclosed at the public meeting during which the closed session is held; provided, however, that the dismissal or nonrenewal of an employment contract shall be deferred until the first public meeting following the exhaustion of administrative remedies, if any. [Gov’t.
Code §54957.1(a)(5)].
Any disclosures shall include the vote or abstention of each member.
Dated: June 12, 2026.
Thomas Lloyd Smith
City Attorney